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City Council Packet - 02/09/1999 My OF OREGON TIGARD CITY COUNCIL MEETING FEBRUARY 9,1999 COUNCIL MEETING WILL BE TELEVISED 1.4A1WIJE$SrA%CC W1.000 13125 SW Hail Blvd., Tigard, OR 97223 (503) 639-4171 MD (503) 684-2772 • **2nd Revision - 219199 CITY OF TIGARD yPUBLIC 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 p.m. Assistive Listening Devices are available for persons with impaired hearing and should be scheduled for Council meetings by noon on the Monday prior to the Council meeting. Please call 639-4171, Ext. 309 (voice) or 684-2772 (TDD - 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 - FEBRUARY 9,1999 - PAGE 1 J I TIGARD CITY COUNCIL MEETING FEBRUARY 9,1999 AGENDA 6:30 PM s 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. 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. > JOINT MEETING WITH PLANNING COMMISSION > REPORT FROM KAMPE & ASSOCIATES - WIDENING OF SW 92ND AVENUE (PARK MASTER PLAN) 7:30 PM 1. BUSINESS MEETING 1.1 Call to Order - City Council & Local Contract Review Board 1.2 Roil Call 1.3 Pledge of Allegiance 1.4 Council Communications 1.5 Call to Council and Staff for Non-Agenda Items 2. VISITOR'S AGENDA (Two Minutes or Less, Please) 3. CONSENT AGENDA: These items are considered to be routine and may be enacted in one motion without separate discussion. Anyone may request that an item be removed by motion for discussion and separate action. Motion to: too 3.1 Approve City Council Minutes - November 17, 24 and December 8 and 15, 1998 3.2 Receive and File a. City Council Calendar b. Tentative Agenda 3.3 Approve Amendment to Personnel Policies for Management, Supervisory and Confidential Employees - Add New Articles 1, 5,17,18 and 19 - Resolution No. 99- 3.4 Local Contract Review Board: Award Bid for Construction of Pavilion and Picnic Shelter at Cook Park to Robert Gray Partners 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. COUNCIL AGENDA - FEBRUARY 9,1999 - PAGE 2 I 4. WATER QUALITY REPORT • Staff Report: Public Works Department 5. UPDATE ON TRANSPORTATION SYSTEM PLAN (TSP) • Staff Report: Community Development Department & Engineering • Presentation by DKS Consultants • Council Discussion and Direction to Staff Concerning the Proposed Public Involvement Process and Input on Key Transportation Issues 6. CONSIDER PROPOSED MODIFICATION OF ENGINEERING DEPARTMENT FEES AND OPPORTUNITY FOR PUBLIC COMMENT • Staff Report: Engineering Department • Opportunity for Public Comment (testimony sign-up sheets will be available) • Council Consideration: Resolution No. 99- 7. ESTABLISH AND APPOINT MEMBERS OF THE WATER ADVISORY TASK FORCE • Staff Report: Public Works Department 8. PRELIMINARY ENGINEERING REPORT - 69TH AVENUE LOCAL IMPROVEMENT DISTRICT (LID) • Staff Report: Engineering Department • Council Discussion • Council Consideration - Resolution No. 99- 9. VISIONING ANNUAL REPORT • Administration Department 10. CONSIDER ORDINANCE TO AMEND TITLES 1, 2 AND 7 OF THE TIGARD MUNCIPAL CODE TO UPDATE ABATEMENT REQUIREMENTS, TO PROVIDE WARRANT REQUIREMENTS FOR CODE ENFORCEMENT INSPECTIONS AND TO PROVIDE THE MUNICIPAL JUDGE WITH AUTHORITY TO ISSUE WARRANTS • Staff Report: Legal Counsel • Council Discussion • Council Consideration: Ordinance No. 99- Q\ 11. COUNCIL LIAISON APPOINTMENTS • Administration Department 12. COUNCIL LIAISON REPORTS COUNCIL AGENDA - FEBRUARY 9,1999 - PAGE 3 1 13. NON AGENDA ITEMS 14. 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. As you are aware, all discussions within this session are confidential; therefore those present mny 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. 15. ADJOURNMENT I:\ADM\CATHY\CCA\990209p.D0C COUNCIL AGENDA - FEBRUARY 9,1999 - PAGE 4 y ' Agenda Item No. TIGARD CITY COUNCIL Meeting of a _ MEETING MINUTES FEBRUARY 9, 1999 • STUDY SESSION > Mayor Jim Nicoli called the meeting to order at 6:30 p.m. > Council Present: Mayor Jim Nicoli, Councilors Paul Hunt, Brian Moore, Joyce Patton, and Ken Scheekla > Staff Present: City Manager Bill Monahan; Police Chief Ron Goodpaster; Human Resources Director Sandy Zodrow; Legal Council Tim Ramis; Labor Legal Counsel Ken Bemis; Community Development Director Jim Hendryx; City Recorder Catherine Wheatley; Deputy City Recorder Jessica Gomez; Development Review Engineer Brian Rager; Associate Planner Laurie Nicholson > AGENDA REVIEW Bill Monahan, City Manager, mentioned that Dr. Wilson, the water expert brought in by WWSA, would answer questions from the public from 8:00 p.m. to 9:00 p.m. in the Puett Room in the Library > EXECUTIVE SESSION The Tigard City Council went into Executive Session at 6:30 p.m. under the provisions of ORS 192.660 (1) (d), (e), & (h) to discuss labor relations, real property transactions, current and pending litigation issues. > Executive Session adjourned to Study Session at 7:05 p.m. > JOINT MEETING WITH PLANNING COMMISSION Jim Hendryx, Community Development Director, introduced the Planning Commissioners present: Dave Anderson, Nick Wilson, Jim Griffith, Darrel Glenn Mores, Shel Scolar, and John Olsen. He suggested that the Planning Commission stay to hear the DKS report on the Transportation System Plan. 4 Mr. Monahan noted the training provided for the new Planning Commissioners and Councilor. He invited the Commissioners to attend the Council's quarterly training sessions on various topics, including land use and ethics. Councilor Scheckla asked if the Commissioners had any comments on gated areas in the city or how to avoid situations where traffic issues polarized neighborhoods. Tim Ramis, City Attorney, cautioned the Council against discussing the facts of a specific case. Commissioner Griffith observed that the biggest issue the Commission faced for any development right now was insuring that the long-range transportation needs were met. He mentioned their diligent efforts to comply as much as possible with the direction from the Council and Metro to consider connectivity and logical transportation routes. He pointed out that restrictions (such as a limited number of bus routes and a limited amount of development CITY COUNCIL MEETING MINUTES - FEBRUARY 9, 1999 - PAGE 1 dollars) cut down on their creativity in resolving transportation issues. He cited their work to find a balance between transportation and development in all areas of the city with consistency. President Wilson commented that connectivity would not be such a contentious issue if arterials flowed freely and there was not so much cut-through traffic. He pointed out that the visioning study showed that people's greatest concerns in Tigard were with the traffic, particularly the arterial traffic. He held that the visioning study's conclusion that Tigard could not do much about arterial traffic because the arterials in Tigard were ODOT facilities was a shortsighted approach. He spoke to the City finding a way to leverage money from ODOT or seek Federal funding to solve the problem. Councilor Moore mentioned a point brought up at a meeting that he and the Mayor attended with Max Williams and an ODOT official. Although the Portland Metro area generated a considerable amount of the state gas tax dollars, those dollars did not find their way back into the Metro area. Mayor Nicoli commented that the State legislature controlled ODOT's funding. He expressed concerns with Senator Eileen Qutub's position on transportation funding packages proposed at the legislature. He said that District 4 and western Washington County produced a huge amount of State payroll tax and gas tax revenues but saw very little of it coming back to address their desperate transportation needs. He mentioned the Governor's position for all funding to go to road maintenance and none to new roads. Mayor Nicoli held that Senator Qutub could make things happen with transportation funding but probably would not do so. He said that ODOT would get no additional funding for the eighth year in a row. He pointed out that inflation alone "ate" 20% to 30% of ODOT's dollars. Councilor Scheckla asked if the City could condition developments to get developers to put pressure on Tri-Met to provide more bus service. Mr. Ramis indicated no. He commented that indirectly using a third party was a difficult way to create leverage with Tri-Met. Mr. Hendryx mentioned the public outreach meetings conducted by Tri-Met where staff presented the Council's concerns regarding additional bus service and routes. He said that Councilor or Commissioners could attend the upcoming meetings to reiterate these concerns. Mayor Nicoli mentioned the letters received by the City following the death of a pedestrian killed by a car shortly after stepping off a bus. He reported that the mayors of the eastern Washington County cities and two County Commissioners discussed their concern that Tri-Met returned only 50 cents on the dollar of the money from Washington County, and spent most of the money moving people around Portland. He stated that Tri-Met has pushed to run bus routes in Tigard on rural streets not equipped to handle pedestrians (lacking sidewalks and lighting). Mayor Nicoli stated that he would bring to Council the issue of possibly withdrawing from the Tri-Met district as a County unless Tri-Met paid more attention to the type of roads they chose for bus service. He would like to convey to Tri-Met that it was more important to have safe bus stops and bus routes on roads with sidewalks than it was to have more buses on the roads without regard for the condition of the road. He held that running a bus up Walnut was not a safe venture. He reiterated that the mayors were becoming frustrated with Tri-Met, the low return on the County's money, and the inadequate service. Mayor Nicoli informed the Planning Commission that the Council intended to appoint at least one Planning Commissioner to a new committee that would identify road projects, sidewalks and pathways for the next road bond (November 2000 election). He noted that this year the City CITY COUNCIL MEETING MINUTES - FEBRUARY 9, 1999 - PAGE 2 retired the bond for the improvements made six to ten years ago. He asked the Commission to recommend which member(s) should serve. Commissioner Olsen spoke to the excellence of the Metro training workshop for new Commissioners and thanked the Council for sending him to it. He asked if the Commissioners could get sensitivity training to handle the "hot button" issues (such as connectivity). He said that sometimes the animosity level facing the Commission was pretty high. Mr. Monahan suggested having Liz Newton work with Mr. Hendryx to explore what kind of training would be appropriate. Mayor Nicoli noted that the developers knew that the land use laws in the State would support their position, no matter what the neighbors' concerns were, and that often the neighbors did not know this. He spoke to staff setting up facilitation meeting (using Tigard's facilitation program) between developers and neighborhood representatives to resolve divisive issues before applications came to the Planning Commission. Commissioner Griffith pointed out that the Commission's charge was to determine whether or not an application complied with the Development Code; they did not have Council's ability to deal with non-Code related issues. He said that neighbors brought up valid concerns but those concerns had nothing to do with land use laws and regulations. He agreed that a middle step might help to resolve these situations before they got to the Commission. Mayor Nicoli suggested that if the Commission identified issues in an application that they could not address, they discuss the issues with the neighbors following the public hearing and the decision. In addition, they should inform the neighbors that they would send a letter to the Council recommending that the Council look at the situation. He asked that the Commission let the Council know about these items unrelated to land use law so that it could try to fix them. President Wilson commented that the most contentious issue by far was connectivity, an issue that was seldom truly resolvable. He noted that, with the new Code, the Commission would see subdivision applications only on appeal. Mr. Hendryx stated that staff has tried to educate the public on the different aspects of land use through the CIT format. He explained that the developers met with the neighborhood separately from the CIT forum. Councilor Scheckla asked if the Commission had any trouble dealing with Goal 5 and wetlands. President Wilson said that they deferred to the Corps of Engineers and the Division of State Lands, as they did not address those issues at their level. > Mayor Nicoli adjourned the study session at 7:42 p.m. 1. BUSINESS MEETING 1.1 Call to Order - City Council & Local Contract Review Board Mayor Jim Nicoli called the meeting to order at 7: 42 p.m. 1.2 Roll Call Mayor Nicoli, Councilors Patton, Scheckla, Hunt, and Moore were present. s The Council heard the water quality report at this time. CITY COUNCIL MEETING MINUTES - FEBRUARY 9, 1999 - PAGE 3 1.4 Council Communications Councilor Hunt reported on the Affordable Housing meeting. He mentioned the moving testimony from a working single mother who has benefited from the low-income housing at Villa La Paz in providing for herscif and her daughter. 1.5 Call to Council and Staff for Non-Agenda Items Mayor Nicoli said that he would discuss a response to the letters received regarding the pedestrian death. Mr. Monahan asked to pull Consent Agenda Item 3.4 for discussion at next week's meeting and action on February 23. He reminded Council of the special meeting on the Erickson Heights subdivision tomorrow night. 2. VISITOR'S AGENDA o Bonnie Bishop, Citizens for Safe Water Committee, asked for clarification regarding the Water Advisory Task Force appointments. She noted that she has been asked to serve. She stated that she did not appreciate the Mayor's comments during the study session regarding Senator Eileen Qutub, and held that he owed her and the citizens of District 4 an apology. She asked if the Council would allow the Task Force to bring in independent technical advisors. Mayor Nicoli stated that the Task Force would not be controlled in anyway by the Council and was free to bring in other consultants. He emphasized that the Task Force would appoint its own leadership and set their own agenda. Ms. Bishop asked about the selection process. Mayor Nicoli reviewed the selection process used by staff to fill the 20 to 30 slots on the Task Force with as broad a representation of the city and special interest groups as possible. He mentioned that he and Councilor Hunt gave some input. He commented that he did not know a lot of the people on the list that staff would ask Council to approve tonight. Ms. Bishop asked that more members of the Citizens of Safe Water Committee be placed on the Task Force. Councilor Hunt stated that the list was representative of the community, including the outlying areas. He did not support adding people. Mayor Nicoli noted that Ms. Bishop was on the Task Force. He disagreed that the Task Force would not listen to Ms. Bishop's group. Ms. Bishop contended that the information being put out was untruthful, and therefore the information from the Citizens for Safe Water would not be heard. Councilor Moore asked, if the Citizens for Safe Water Committee wanted to hear the facts, why did only two or three of their members attend the Council meetings where the water issue was discussed. He mentioned last week's meeting where the City's financial officer described the costs of the two options, and tonight's meeting where a water expert would address a specific issue. Ms. Bishop said that their committee was not notified that Dr. Wilson was coming tonight. Councilor Moore pointed out that the agenda was published in advance and available to anyone. Ms. Bishop said that the City of Tigard was spending $165,000 to promote the Willamette River. Councilor Moore said that they were not promoting the River, they were studying it. Ms. Bishop stated that hundreds of citizens did not want the City to go to the Willamette River because they had a reasonable doubt about it. Councilor Moore commented that the Council did not want to debate the merits of either side tonight and would take Ms. Bishop's point about the Task Force under advisement. CITY COUNCIL MEETING MINUTES - FEBRUARY 9, 1999 - PAGE 4 Ms. Bishop argued that the deadline date of April 13 was arbitrary and that the Task Force should have as much time as it took to examine the situation. Mayor Nicoli said that it was Ms. Bishop's task to convince her peers on the Task Force that she had a legitimate point. He emphasized that the Council was staying out of it. He pointed out that the Council started reviewing the two reports (received in mid-December) only last week. They would have perhaps 30 days longer than the Task Force to review the reports. He reiterated that the people on the Task Force were equally concerned about drinking water quality and would listen to anyone with sincere issues. Ms. Bishop held that the committee was stacked because some of the people, like herself, told staff what their position was. 3. CONSENT AGENDA Mayor Nicoli noted that Item 3.4 was pulled. Motion by Councilor Bunt, seconded by Councilor Scheckla, to approve the Items 3.1, 3.2, and 3.3 of the Consent Agenda. Motion was approved by unanimous voice vote of Council present. (Mayor Nicoli, Councilors Patton, Scheckla, Hunt, and Moore voted "yes.") 3.1 Approve Council Minutes of: November 17, 24 and December 8 and 15,1998 3.2 Receive and File: a. City Council Calendar b. Tentative Agenda 3.3 Approve Amendment to Personnel Policies for Management, Supervisory and Confidential Employees by Adding New Articles 1, 5, 17,18 and 19 Resolution No. 99-07 Removed from Consent Agenda: 3.4 Local Contract Review Board: Award Bid for Construction of Pavilion and Picnic S:.,elter at Cook Park to Robert Gray Partners e The Council heard Agenda Item 5 at this time. > WATER QUALITY REPORT STAFF REPORT Kevin Hanway, Executive Director, Willamette Water Supply Agency, introduced Lisa Obermeier from Montgomery Watson. Lisa Obermeier, Montgomery Watson, gave a slide presentation of the quarterly update. on the raw water monitoring program which the City started in July 1998 as a continuation of the Tualatin Valley Water District's program begun in 1994. She explained that the Tigard program expanded the number of contaminants they tested for, including everything covered under the Safe Drinking Water Act and EPA Contaminant Candidate List, anything found by USGS in their previous v, ark in the Willamette Basin, and endocrine disrupters, bacteria, and organic chemicals. Ms. Obermeier said that the data found in the August and November samplings has been consistent with the data found since 1994: no red flags. She reviewed the organic sampling program in detail. She mentioned the one regulated herbicide that they found in August at 2 parts per billion (less than half the allowed levels in drinking water) but noted that they did not find CITY COUNCIL MEETING MINUTES - FEBRUARY 9, 1999 - PAGE 5 again in the November re-sampling. She said that the one detect out of 240 chemicals, dichloromethane, was at levels well below the finished water standards. She pointed out that this chemical was also a frequent lab contaminant. She stated that the results from the January sample of the river under winter conditions would be available in six weeks. Councilor Hunt asked what the comparison of Willamette River raw water was to Clackamas River raw water. Ms. Obermeier said that the water looked very similar in terms of softness, pH, and turbidity. She noted that she could not compare levels of organic chemicals because most utilities did not test for organic chemicals. She observed that the two river basins had similar land uses: mostly forested with some agricultural and urban development. She mentioned that Joe Glicker of Montgomery Watson was also present. Councilor Scheckla asked if the consultants intended to test during the spring when most people fertilized their lawns or crops. Ms. Obermeier explained that the scientists theorized that the chemicals were highest in the river during the first flush or the first major rainstorm washing the surface of the land. She stated that they would take their last sampling in April/May. Ms. Obermeier confirmed to Mayor Nicoli that in this program they did not take daily samples but instead took them at regular intervals. She mentioned a pilot treatment plant program on the river during which they did take daily samples over a six-month period. Mr. Hanway stated that, in the past four years that the WWSA has been studying the viability of the Willamette River as a water supply option, they reached the conclusion that the Willamette River should be tapped as a water supply source. He said that, based on their research and a comparison of findings with other water sources in the region and country, they continued to have the highest confidence that the Willamette River would provide a high quality source of water. Mr. Hanway said that they recognized the different levels of public understanding about the facts and the different levels of public confidence. He informed the Council that, in response to recent concerns expressed about endocrine disrupters, the WWSA sent a water sample to CTRAPS (Consultants in Toxicology and Risk Assessment and Product Safety) for testing. He reviewed the credentials of Dr. Daniel Berg, head of CTRAPS, as an authority on the endocrine disrupter issue. Mr. Hanway said that the bioassay done on their water sample was the same test that EPA anticipated using to test for a wide variety of chemicals. He noted that a test was conducted on only one sample but indicated that Dr. Wilson would explain why they were confident of the results. He mentioned the importance of having this information available to Tigard citizens this spring for their decision making process as opposed to waiting through several years of tests. Mr. Hanway introduced Dr. John Wilson, Vice President of CTRAPS, here to present and interpret the findings. He reviewed Dr. Wilson's credentials, mentioning in particular his interest in studying how governmental bodies used scientific information in setting policy. Dr. John Wilson, CTRAPS, reported that there was no detectable activity of the endocrine disruption kind found by this test. He mentioned that this was the first use of this specific and sensitive test (developed by a University of Michigan professor) on water. He commented that, based on the testing already done on the Willamette River water, he would have been very surprised if the test did turn anything up. He stated that, in terms of chemical activity, the raw water was safe. He pointed out that the purification process would take out most of what was left. He said that they could be confident that the water coming out of the treatment plant was safe to drink. CITY COUNCIL MEETING MINUTES - FEBRUARY 9, 1999 - PAGE 6 Dr. Wilson explained how the issue of endocrine disrupters came to the forefront three years ago. He said that Leah Colbum had reviewed environmental literature, found examples of wildlife with developmental abnormalities, and attributed these abnormalities to disruption of the endocrine system. He mentioned that most of the examples were very site specific. He stated that her book created enough of a stir to put this issue on the national agenda with Congress ordering the EPA to do testing. Dr. Wilson commented that the exact nature of the testing was still being debated but likely this year the EPA would start testing for a fraction of the 20,000+ organic chemicals used in commercial production. Dr. Wilson explained that the first part of the three-screen process that the EPA would use to test chemicals for endocrine disruption ability was this test developed by Dr. Jack LaRusky (which he adapted to test water). He stated that the test was intended as a screen to see if there was any trace of this activity in the water, not as a way to characterize water quality or to describe with thoroughness how this kind of activity would vary through the year in different flow levels. He said that they reasoned that a single sample taken three times in early November before the fall rains started represented something close to the normal flow of water in the Willamette. Dr. Wilson said that most sources of endocrine disrupters would come continually into a river (as opposed to episodic occurrences at peak flows). Therefore, they concluded that the test did give valid information to help increase confidence that the water was safe. Dr. Wilson described the specifics of the test that used genetically altered human cancer cells to test for the ability of a chemical or something in the water to mimic the effects of the natural hormone estrogen. He explained that for the hormone activity to occur, an estrogen receptive protein had to be present. Dr. Wilson said that the test detected no such estrogenic activity in the Willamette River water at a level of.003 micrograms per liter. For comparison, he stated that adult women produced 200 to 300 micrograms of estrogen every day and adult men produced 5 to 10 micrograms per day. To illustrate the term microgram, he said that a typical two-pill dose of aspirin or ibuprofen was 400,000 micrograms Dr. Wilson stated that, in his judgment, that there was no threat from endocrine disrupters in the raw water from the Willamette River or in the treated water coming out of the system. He said that he and his children would drink it. Mr. Hanway pointed out that WWSA went the extra mile in having this test done in order to assuage the concerns of citizens. He said that the sensitivity component of the test could detect things down to a level of 3 parts per trillion, and yet they found nothing in the water. He explained why the two chemicals they found traces of in the water could not be endocrine disrupters. The chemicals were the wrong shape to fit into an estrogen receptor. Therefore, they could conclude that these chemicals were not endocrine disrupters. Councilor Scheckla asked if they have tested bottled water. Dr. Wilson said that, to his knowledge, no test of this kind has been conducted on any water sample anywhere ever before. Mr. Hanway mentioned that this state-of-the-art test has been published, peer reviewed, and conducted on individual chemicals, just not on water. Mayor Nicoli thanked Dr. Wilson for coming. CITY COUNCIL MEETING MINUTES - FEBRUARY 9, 1999 - PAGE 7 J > REPORT FROM KAMPE & ASSOCIATES WIDENING OF SW 92ND AVENUE (PARK MASTER PLAN) STAFF REPORT John Roy, Property Master, introduced Ron Kampe of Kampe & Associates, the consultants providing the engineering and design services for the Cook Park Master Plan expansion project. He said that, in January, the Council directed staff to look at improvements to SW 92°d Avenue leading into Cook Park. He noted that the focus was on improving traffic flow and pedestrian safety and providing safety in general to the public for current and anticipated use of the park. He mentioned the meetings between the consultants and staff, including the Police Chief and the Public Works Director, to identify needs for improving SW 92°d Avenue. Ron Lampe, Kampe & Associates, presented the five options developed during the meetings with staff to address traffic, pedestrian, and bicycle safety and emergency vehicle access issues relating to the use of Cook Park. The five options he reviewed using the cross-sections were: • An 88 foot wide configuration with (1) 12-foot center turn lane, (2) 12-foot travel lanes, (2) 8- foot bike lanes, (2) 10-foot parking strips, and (2) 8-foot sidewalks, adding on (2) 3-foot buffer strips for a total width of 94 feet; • A 68-foot wide configuration that with (1) 12-foot center turn lane, (2) 11-foot travel lanes, (2) 6-foot bike lanes, (2) planter strips, and (2) 6-foot sidewalks, adding on (2) 2-foot buffer strips; • A 66-foot wide configuration with no center turn lane, (2) 12-foot travel lanes, (2) 6-foot bike lanes, (2) planter strips, and (2) 6-foot sidewalks, adding on (2) 2-foot buffer strips; • A 62-foot wide configuration with (1) 12-foot center turn lane, (2) 11-foot travel lanes, (2) 6- foot bike paths, no planter strips, and (2) 8-foot sidewalks, adding on (2) 3-foot buffer strips; • A 52-foot wide configuration with no center turn lane, (2) 12-foot travel lanes, (2) 6-foot bike lanes, no planter strips, and (2) 8-foot sidewalks, adding on (2) 2-foot buffers. He pointed out the significant cuts and fills coming down the hill and the wetland fills, noting that the wider the configuration, the greater the impact. He mentioned the desire to plant trees in a planting strip to enhance the aesthetics of this park entrance. He said that a center turn lane was very important for emergency vehicle access, especially during high-volume events. Mr. Kampe presented the cross sections at the wetland areas. He said that these were the most critical cross-sections because they would have to mitigate any significant impact. He mentioned the difficulty in finding sufficient space to do so without impacting the objectives of the master plan. COUNCIL QUESTIONS Councilor Hunt asked if Mr. Kampe recommended any one of the alternatives. Mr. Kampe said that the staff committee agreed on the importance of the center turn lane for emergency vehicle access but also agreed that Option 1 was too grandiose. That left them with Options 2 and 4. Councilor Hunt asked if they had any costs. Mr. Kampe said that they have not done any costs. He mentioned that they brought Option 5 forward because during high-volume events, the City could cone off the street into three travel lanes and not permit bike access for those events. He noted that doing so worked against the goal of providing good access to the full community. CITY COUNCIL MEETING MINUTES - FEBRUARY 9, 1999 - PAGE 8 Councilor Scheckla asked several questions on the bike paths. Mr. Kampe confirmed that there were two bike paths in each plan. He said that they included bike paths and sidewalks on both sides because the police chief felt they were necessary for safety reasons, especially during high volume events. Councilor Scheckla held that one 8-foot bike lane was sufficient to accommodate bike traffic, except for a few events. He pointed out that they would gain four feet for use for something else. Mr. Kampe mentioned that a single bike path would have to be separated from the road. e Mayor Nicoli recessed the meeting at 8:36 p.m. for a break. o Mayor Nicoli reconvened the meeting at 8:48 p.m. In response to Councilor Scheckla's questions about the bike path, Mr. Ramis commented that, from a legal standpoint, a bicycle was a vehicle that was supposed to be on its own side of the street. He said that a 6-foot bike path was not suitable for two-way traffic. COUNCIL DISCUSSION Councilor Moore cited his experience riding a bike on SW 92"d Avenue. He said that it was very dangerous for a bike rider going down the hill when a car was coming up the hill. He expressed concern at what could happen with kids weaving up and down the hill on their bikes. He agreed that they needed two bike lanes. Councilor Hunt expressed concern at spending money on this project without knowing what other dangerous locations in the city also needed improvement. Councilor Moore asked where the money would come from to fund these SW 92nd Avenue improvements, noting that they did address park access issues. Mr. Monahan said that he thought it likely that the funding would come from street funds before it came out of park funds. Councilor Hunt asked if the Council could legally take the money out of park funds. Mr. Ramis said that they could probably do that but they would have to be careful about how they constructed CIP. Councilor Hunt requested further discussion of cost allocation and other areas needing money. Councilor Scheckla asked if, in the future, a path would come from the USA treatment plant on 85'h Avenue to provide another park entrance. Mayor Nicoli said that the master plan did call for a pathway from the park to the USA treatment plant to Durham Road. He mentioned that the City of Durham had clearly indicated that they did not want the regional pathway along Fanno Creek and the Tualatin River to go through their city. Councilor Scheckla asked if the pathway would be more beneficial than bike lanes on both sides of 92"d. He suggested using 90`' to get to 92"d. Mayor Nicoli said that, for him, the issue was one of safety, not an issue of redirecting people. He held that, with the schools in the area, the kids would shoot down the steep hill just for fun. Therefore, it was important to keep the bike traffic separated from the car traffic. Mayor Nicoli asked the Council to indicate their preferences regarding the five options so that Mr. Kampe could put together a budget. He commented that he did not see the Council giving direction tonight to implement an option but a price would be useful in the long term planning for the park. Councilor Hunt asked if they had the money for this cost study. Mayor Nicoli said that it was part of the contract already. Mr. Roy commented that they needed to know what the road design would be so that they could incorporate it into the entrance to Cook Park, and avoid redesigning the park entrance whenever the road improvements went in. CITY COUNCIL MEETING MINUTES - FEBRUARY 9, 1999 - PAGE 9 Councilor Hunt commented that they could use a combination of elements from the various options. Mayor Nicoli said that he liked a combination of Option 4 (with the rock wall on both sides through the wetland to minimize the impact) and Option 2 (once past the wetlands, widening the road and sidewalks and planting trees). Councilor Scheckla suggested planting flowers in the planting strip. Mayor Nicoli said that he thought that a nice row of vegetation would make a nice entrance to the park, whatever that vegetation was. He mentioned a waterfall also. Councilor Moore said that his first choice was Option 2 with the planter strip and his second choice was Option 4 without the planter strip. He said that he could also support a combination of the two options. He stated that it was important to have three lanes, sidewalks and bike lanes. He pointed out that they already had a lot of vegetation on the upper half of the road, so they would need to plant vegetation only on the lower flat part. Councilor Hunt expressed concern for protection for the sidewalks and bike lanes from the travel lanes. Mr. Kampe explained that they used eight-foot sidewalks when sidewalks were immediately adjacent to travel lanes. He mentioned a possibility of using six-foot sidewalks if adjacent to the bike lane. Councilor Hunt spoke in favor of eight-foot sidewalks, citing the Durham Road sidewalk as a positive example. Councilor Patton said that she liked the idea of planters extending through to provide more protection for the pedestrians. She supported minimizing the impact on the wetlands as much as possible, and the combination of the two alternatives. Councilor Scheckla also supported the combination. Mayor Nicoli asked that Mr. Kampe look at the costs of the improvements in segments. He mentioned the possibility of doing half of the improvements at the same time as the parking lots and the other half two years later. He reminded the Council that the Task Force had dropped a second access road to the park because of its impact on the wetlands, and agreed to rely on one road. He indicated that they struck a deal with the neighborhoods to address the transportation issues on that road, if they used a single access road into the park. Councilor Hunt said that he felt this was more of a park improvement than a street improvement. Mayor Nicoli agreed. Councilor Hunt asked to direct staff to check into using parks money for this project, rather than street money. Mr. Kampe pointed out that, although they were asked to look only from the park entrance to Waverly, eventually the City would have to address the road situation from Waverly up to the existing improvements at the development. Mayor Nicoli asked whether or not Mr. Kampe has determined if most of the perpendicular part was City right-of-way. Mr. Kampe said no, they have not done a title report for that area. He stated that they were relying on the right-of-way map for the area and the development plats. He pointed out where the City had a 60-foot right-of-way but commented that the City probably did not own all of the parking. Mayor Nicoli mentioned that, during their one major event, the School District allowed the City to take over the parking on their property. Councilor Hunt suggested approaching the School District, as the City was doing much of this for the good of the children in the area. CITY COUNCIL MEETING MINUTES - FEBRUARY 9, 1999 - PAGE 10 PUBLIC COMMENT Mayor Nicoli opened up the meeting to public comment. Martha Bishop, 10590 SW Cook Lane, asked if they included a bus turn around in the plan. She mentioned the insurance requirement that buses not back up. Mr. Roy indicated that a bus turn around has been included. o The Council heard Agenda Item 1.5 at this time. 5. UPDATE ON TRANSPORTATION SYSTEM PLAN (TSP) STAFF REPORT Gus Duenas, City Engineer, introduced Randy McCord of DKS Associates, the consultants on the TSP. He mentioned that this part of the TSP focused only on motor vehicles. He said that, at some point, they would have to include alternate modes of transportation, such as a bike and pedestrian pathway plan. Randy McCord, DKS Associates, used a PowerPoint presentation to review the findings of the study. He explained how planners used a TSP to look 20 years out while working within a five- year time frame. Updates every five years allowed planners to respond to changes in the transportation environment and business methods. He mentioned the State Transportation Planning Rule mandating four key elements in a TSP: multi-modal, trip reduction, local streets, and performance standards. He pointed out that cities had to have a TSP in place one year from the adoption of the Metro Regional Transportation Plan. Mr. McCord reviewed the project history. He noted that much of the work on street functional classifications began in 1994. He explained that they worked with staff to get accurate local and regional traffic forecast projections based on land use when they realized that the Metro numbers were not accurate. He mentioned that land use was a critical element in transportation, with land use changes effectively determining changes in traffic volumes. Mr. McCord reviewed the trends they identified in their modeling. He mentioned substantial growth in the next 20 years with accompanying substantial transportation improvements. He pointed out that the city has been living on the capacity provided for when they built the roads 20 years ago. Now those roads were reaching their capacity with levels of service "Wand "E." He mentioned that, on a weekday, they found an average of 1.1 riders per car on 99W while on the weekends that average increased to 1.5. He concluded that they could achieve higher occupancies on the roadways and thus extend the road capacity. Mr. McCord identified 99W, Hall at 99W and in the Washington Square area, and 72°d Avenue as the key congestion areas both now and in the future. He said that the 20-50% growth potential in the region, particularly in the Tigard streets, was due primarily to the development of vacant land. He noted that their models also showed that from 50% to 70% of the traffic on 99W came from points outside of Tigard and went to points outside of Tigard. Tigard had a responsibility to deal with the regional traffic traveling through their town. Mr. McCord mentioned key policy issues identified: widening 99W, freeway widening, maintaining three lanes on key Tigard routes, and circulation and volume improvements in the southern and western parts of Tigard, including the Triangle. CITY COUNCIL MEETING MINUTES -FEBRUARY 9, 1999 -PAGE 11 MJ_ Mr. McCord observed that 99W was the most critical over-capacity route in the Tigard area. He stated that even if they widened the road to 7 lanes, certain sections still would not be able to handle the volume of increased traffic. Therefore, one option was to leave 99W as it was, and look for other solutions. He said that they found that if they operated the roadway better and increased the number of vehicles per lane, they might pick up 10% here and there on the fringe. He mentioned that while the proposed I-5 to 99W connector would attract a lot of traffic, it did not necessarily provide traffic relief to Tigard. Mr. McCord said that they looked at strategies for widening freeways, including an expressway facility running parallel to 99W, but concluded that all widening options were very expensive. He pointed out that their modeling showed that if they did not provide adequate capacity on the freeways, then the traffic cutting through Tigard increased, particularly on 99W, Hall Blvd., and 72"d Avenue. Mr. McCord discussed the issue of how wide the east-west connector streets like Hall, Durham, Bonita, McDonald, and Gaarde should be. He said that if the City had a policy of no five-lane streets, then they would have to look at other solutions of new extensions or connections. Examples included taking Walnut across 99W to Hall or connecting Hall to Hunziker in the industrial area north of Fanno Creek or installing a 217 overcrossing at Hunziker and Hampton. He pointed out that when looking at roadways, they had tradeoffs whatever they did: they either widened roads or they did something else. If they did not widen 99W, they impacted their east- west connectors and they would have to deal with those. Mr. McCord said that a fourth key policy issue was north-south capacity in the southwest Tigard area. He stated that they knew that they had to do something about Beef Bend and Elsner or the roads would go over capacity within 20 years. He mentioned that limiting direct residential driveway access to major roads could double the capacity of a road, and was a key strategy to consider in planning for that area. He noted that, in their consideration of extending 150" Avenue south to Elsner, they realized that a route to get traffic to Beef Bend Road (to skirt around Tigard) was a better option than a route paralleling Beef Bend Road. He pointed out that people would heavily use a corridor linking the Elsner/Beef Bend Road corridor to the I-5/99W connector. Without that connection, traffic filtered back through Tigard. Mr. McCord said that the last of the planning issues was the Tigard Triangle that lacked connectivity and capacity. He stated that the percentage of local traffic on Hwy. 99W at full build-out of the Triangle rose from 30% to 70%. He spo'.e to a seventh lane for Hwy. 99W in the Triangle segment in order to provide the needed additional capacity. He mentioned that without a seventh lane they would have to put in an expressway facility that in turn required frontage roads to access businesses. He stated that either widening the road or putting in frontage roads was expensive with severe impacts on the area. Mr. McCord commented that if they extended Atlanta Street towards Dartmouth, they might not need to widen Dartmouth and 72nd to five lanes because Atlanta Street provided a connection from I-5 into the Triangle. He stated that the initial test results of a 217 overcrossing from Dartmouth to Hunziker and Hall did not necessarily eliminate the need for seven lanes on Hwy. 99W. He explained that what would make the overcrossing work was connecting it to the freeway but the spacing standards did not allow that. Mr. McCord explained that the functional classification of a roadway was intended to describe the function of the road in connecting within the community and/or region, not the volume of traffic it carried. A freeway provided regional connections, an arterial provided inter-city or sub-regional CITY COUNCIL MEETING MINUTES - FEBRUARY 9, 1999 PAGE 12 connections, a collector provided intra-city connections and a local street provided neighborhood connections. He said that what they heard from the open houses was that there was a gap between the collector roads and the local roads. Some local roads acted like collectors and some collectors acted like local roads. Mr. McCord said that there was a need for connectivity on the neighborhood level. He suggested developing a new classification for roads to get traffic out of the neighborhoods. He stated that they needed to make sure that the street design standards addressed issues such as speeding traffic and traffic calming. He described the traffic volumes for these neighborhood collector streets as more than 500 cars per day, possibly up to 2,000. Mr. McCord mentioned that the Transportation Planning Rule and the Metro Functional Plan both provided for better local street connectivity for all modes of traffic. He pointed out that if people had to go half a mile out of their way to get to their destination, they would not walk or bike there. He emphasized that pedestrian and bicycle connectivity was a critical accessibility issue within the street system as a whole. Mr. McCord pointed out that an interconnected set of local streets would reduce the number of vehicle miles traveled in a community (which widening highways would not). He stated that providing connectivity on all local streets balanced the traffic flow so that no one street carried an unfair share of the traffic burden. In addition, pushing all the traffic onto one local road created capacity problems on Hall or 99W but dispersing the traffic to many streets did not. He mentioned the Metro spacing standards given as guidelines to local agencies to create connectivity for motor, bicycle, and pedestrian traffic. Mr. McCord reviewed the public involvement process used in developing the Transportation System Plan. He mentioned a citizens advisory committee, joint City Council/Planning Commission meetings, and open houses as methods of gathering citizen input. He said that the result would be to provide information for policy decisions, to provide recommendations for action plans, and to produce the draft TSP with a plan for each transportation mode. Mr. McCord asked the Council to approve developing the TSP as a multi-modal document, to approve the public involvement process, and to provide input on the key policy issues. He mentioned the need to coordinate with Metro's Regional Transportation Plan to insure getting their projects in the regional funding stream for transportation. He said that it was critical to move forward now with the bond measure so they could attach the critical projects identified in the TSP to the measure. COUNCIL. DISCUSSION Mayor Nicoli noted that the Council intended to set up a Task Force to identify projects for the road bond measure. He asked if Mr. McCord was recommending a second simultaneous Task Force to work on the TSP. Mr. Duenas stated that they did need a Task Force to focus on the road bond issue. They also needed a committee to take the TSP all the way through to adoption in order to beat the deadline. He confirmed that both processes could occur at the same time. Mayor Nicoli asked what their options were for a citizens advisory committee. Mr. McCord described the five different processes that they have used in working with various communities in the Metro region. He said that the Council could set it up however it wanted to but it was important to have representation from the Planning Commission and the City Council. CITY COUNCIL MEETING MINUTES - FEBRUARY 9, 1999 - PAGE 13 Mr. Hendryx mentioned that the City has used task forces involving both citizens and the Planning Commission in the past. Commissioner Griffith held that these mixed task forces have worked very well, citing the Code rewrite and the greenspaces task forces. He pointed out that Tigard did not control some of the roads that had the greatest impact on their street system, but ODOT did. He spoke to including ODOT on this Task Force since they needed ODOT's cooperation to make anything work. He observed that the ODOT signal lights were "traffic on demand" lights which were not an efficient way of moving people through the city. Mr. McCord stated that ODOT's reluctance to participate in certain issues was funding driven: ODOT had no money to do anything, and therefore why should they participate? He said that they would make recommendations in the plan with regard to signal light timing. He spoke to involving ODOT on a technical advisory committee and inviting them to serve on the Task Force. Mayor Nicoli agreed that they were unlikely to see a change in direction from ODOT until their funding situation changed. Councilor Moore stated that having the public process was very important to him, as those who made the recommendations would support the recommendations. Councilor Scheckla supported the Planning Commission taking this on, expressing a concern that involving a lot of citizens would drag the process out. Mayor Nicoli suggested that the Planning Commission form the core group with citizens from the community and special interest groups, a Councilor, and a Washington County representative also serving. Mr. Hendryx said that staff could report back with a structure similar to the Mayor's suggestion. Laurie Nicholson, Associate Planner, mentioned the staff discussion of forming a technical advisory group with representatives from City staff, Washington County, ODOT, and other agencies with a second citizen's advisory group formed around the Planning Commission. Councilor Scheckla requested only one representative from each group. The Council agreed by consensus to direct staff to develop the structure as discussed. Mr. McCord asked for another time to meet with Council to get Council's input on the five key policy issues. Mayor Nicoli suggested setting aside time in the March workshop meeting to bring the whole group together, including the Task Force. 6. CONSIDER PROPOSED MODIFICATION OF ENGINEERING DEPARTMENT FEES AND OPPORTUNITY FOR PUBLIC COMMENT STAFF REPORT Brian Rager, Development Review Engineer, mentioned that in November he had presented the Council with the staff conclusion that the current fee structure was not adequate to recover costs in two areas in particular: address assignments and permits for work in the public right-of-way. He explained that the right-of-way work permits had a basic 4% flat fee while the address assignments had no fee. He stated that their costs were exceeding their revenues by 70%. Mr. Rager described a "cost recovery system" used by other jurisdictions. This system based the final fee on the actual time spent by City staff in going through the complete process. He said that staff has had success with this method in the urban services area and would like to adopt this same fee structure (patterned after Washington County) for the rest of the city for consistency purposes. CITY COUNCIL MEETING MINUTES - FEBRUARY 9, 1999 - PAGE 14 Mr. Rager said that many jurisdictions did not charge an address fee but wished that they did. He noted that Washington County and Portland were both considering increasing their $15 address fees because $15 did not cover the costs. Mr. Rager reported that no one attended the January 6 public open house he held on these fee increases. He concluded that this was not a radical proposal, and it was consistent with how other jurisdictions recovered their costs. He recommended adoption of the resolution to modify the fees. COUNCIL DISCUSSION Councilor Scheckla commended Mr. Rager on the excellent written staff report. Mayor Nicoli asked if there was any public comment. There was none. Motion by Councilor Scheckla, seconded by Councilor Patton, to adopt Resolution No. 99- 08. The City Recorder read the number and title of the resolution. RESOLUTION NO. 99-08, A RESOLUTION ADOPTING FEES AND CHARGES TO BE COLLECTED BY THE ENGINEERING DEPARTMENT RELATED TO PUBLIC IMPROVEMENT PERMITS AND ADDRESSING. Mayor Nicoli asked when this resolution would take effect. Mr. Ramis recommended including a specific date in the motion. Mr. Rager stated that he had assumed an effective date in 30 days. Motion amended by Councilor Scheckla, seconded by Councilor Patton, to make the resolution effective in 30 days. Motion was approved by unanimous voice vote of Council present. (Mayor Nicoli, Councilors Patton, Scheckla, Hunt, and Moore voted "yes.") 7. ESTABLISH AND APPOINT MEMBERS OF THE WATER ADVISORY TASK FORCE Mr. Monahan referenced the updated list of the 36 citizens who have agreed to participate on this Task Force. He said that the first meeting date was February 18. Motion by Councilor Moore, seconded by Councilor Hunt, to adopt Resolution no. 99-09. The City Recorder read the number and title of the resolution. RESOLUTION NO. 99-09, A RESOLUTION TO ESTABLISH A WATER ADVISORY TASK FORCE TO ADVICE THE CITY COUNCIL ON DETERMINING A PERMANENT LONG RANGE WATER SUPPLY FOR THE CITY OF TIGARD. Motion was approved by unanimous voice vote of Council present. (Mayor Nicoli, Councilors Patton, Scheckla, Hunt, and Moore voted "yes.") CITY COUNCIL MEETING MINUTES - FEBRUARY 9, 1999 - PAGE 15 8. PRELIMINARY ENGINEERING REPORT 69TH AVENUE LOCAL IMPROVEMENT DISTRICT (LID) STAFF REPOR'T' Mr. Duenas recounted the Council's approval of Specht Development's petition to create this LID (Resolution 98-52) and direction to develop the preliminary engineering report. He said that staff retained the firm of DeHaas and Associates to do so. He mentioned the staff recommendation on December 8 to extend the LID boundary down to Hampton and the Council direction to explore the possibility of including the extension of Beveland from 68 h to 69`''. He said that if the Council passed the resolution of intent to declare an LID tonight, it would save time and hopefully allow the project to be completed by September. He asked for approval of the preliminary engineering report also. He introduced Marlin DeHaas of DeHaas and Associates. Mr. Ramis clarified that in the LID process, the decision Council made tonight was not the final decision that directed application of the assessments or commencement of construction. He emphasized that creating an LID was a multi-stage process. The Council would make the final decision at a public hearing at which property owners could remonstrate against the LID. He explained that tonight the Council would decide whether or not the preliminary engineering report was going in the right direction in terms of project scope, preliminary cost estimates, and project specifications. He listed the Council's options this evening: to reject the report and stop the process, to recommend changes to the report, or to approve the report as written. Mr. Ramis confirmed to Councilor Moore that tonight the Council would not determine who paid for what. Mr. Duenas explained that the resolution of intent was the intent to form the district. He said that staff proposed setting the public hearing for February 23. Marlin DeHaas, DeHaas & Associates, reviewed the scope of improvements requested by Specht Development in their petition for this LID, and the Council direction to extend the boundaries to Hampton Street and to investigate including the Beveland Street extension. He recommended that Council accept the report, pass the resolution of intent, and call for a public hearing. Mr. DeHaas discussed the proposed assessment method. He pointed out that, in this project, different improvements benefited different property owners. He reviewed the eight assessment methods they used to fit the costs to the benefiting property owners: o Streets: 50% road frontage, 50% area; s Storm drainage: 100% area; ® Sanitary sewer: connections on an individual basis, other general costs on an 100% area basis; ® Water: fire hydrants assessed to benefiting property owners but services provided by Tualatin Valley Water District per their set cost schedule; o Sidewalks: 100% road frontage (developed property only); Landscaping and street trees: 100% road frontage; ® Undergrounding utilities: 100% area for those properties without existing undergrounded utilities; o Ancillary improvements: 100% area basis (includes Beveland street extension and house demolition, cleaning storm drainage, and pedestrian ramp upgrade). Mr. DeHaas referenced the exhibits illustrating the spread of the assessments against each tax lot. He confirmed their schedule for project completion by September/October 1999. He mentioned the public meeting held earlier for the affected property owners to view the assessment schedules CITY COUNCIL MEETING MINUTES - FEBRUARY 9, 1999 - PAGE 16 and project scope. He recommended holding a second informational meeting before the public hearing. Mr. DeHaas clarified for Councilor Scheckla that the wheelchair ramp at 69`'' and Hampton already existed and would be replaced, if necessary. PUBLIC COMMENT Mayor Nicoli opened the meeting to public comment. o Cecil Jones, 1219 SNV 691', said that he was speaking for the two homes on the east side of SW 69d'. He mentioned his assessment of $35,000 for an 8,500 square foot lot on the corner of Elmhurst and 69`''. He argued that the real beneficiary of these improvements was the developer, not the homeowners. He asked if the traffic impact of substantially increasing the traffic volume has been assessed. He said that he knew that he could not stop the LID, his concern was the assessment. Mr. Jones questioned why the LID went only to 700' Avenue, not 72nd Avenue, thus creating a heavy traffic impact on 69"'. He conceded that the value of the property would increase but mentioned that a $35,000 assessment would not help in trying to sell it. He said that he was told that the reason they could not assess properties differently was that he could sell the property in the middle of the construction and the new owner would get a break on the assessment. He asked the Council to consider an assessment based on traffic impact, noting the two cars from his lot and the 50 cars from the development Mayor Nicoli emphasized that tonight the Council was not dealing with any of the issues raised by Mr. Jones. e Greg Specht, Specht Development President, requested removal of the Beveland extension from the scope of the LID. He stated that Resolution 98-52 clearly indicated that the extension of Beveland Street from 69"' to 68"' would not be part of this LID. He mentioned that he verbally agreed to pay the engineering costs for the LID. He held that the proposal before Council tonight was not the deal that they agreed to in October. He pointed out that the 220 feet of that extension had a $400,000 bill because of the house. Councilor Moore stated that he asked staff to look into the costs for the Beveland extension. He emphasized that Council has not decided whether or not to include the extension nor have they decided who would pay for what. He held that Mr. Specht's concerns were premature. Mr. Ramis explained that the Council had two opportunities to modify the project: tonight by ordering a modification of the preliminary engineering report or at the public hearing. He said that the Council would also decide at the hearing who paid for what. Mr. Specht stated that the issues were the scope (inclusion of the Beveland extension in the resolution), the cost ($400,000 for 220 feet), and the allocation (50% to Specht Development). He objected strongly to this proposal on the grounds that it was not what Specht had agreed to. He pointed out that with the Beveland extension the LID costs went from $821,000 to $1.228 million, an increase by 49% ($1,850 per lineal foot). CITY COUNCIL MEETING MINUTES - FEBRUARY 9, 1999 - PAGE 17 Mr. Specht said that they strongly supported the LID but reiterated their objections to the changes in this proposal. He noted that they did not learn of the changes until the January 15 neighborhood meeting. He said that they were sensitive to Mr. Jones' issues. He stated that they would provide a chronology of how these changes occurred at the public hearing. Mayor Nicoli explained that the Council decided to include the Beveland extension in the study at this time because staff told them that at some point they needed to make a decision about it. He agreed that they should take a hard look at that extension, now that the numbers were in, with regard to fairness and impact issues. He stated that staff has done what the Council asked them to do, and the decision was now up to the Council. Councilor Moore observed that the Coy..=,:il needed to look at the options for financing the Beveland extension, including an LID or a bond measure or city funds. He said that they might decide that it did not make financial sense to do it at this time, and eliminate it from the scope of the LID. He reiterated that the Council needed the information from staff on funding options before it could make a decision. Councilor Scheckla spoke to discussing the matter tonight, as they had the two main parties in attendance. Mr. Monahan pointed out that other major property owners in the proposed LID were not present. Councilor Hunt asked Mr. Jones if leaving Beveland out would alleviate his assessment. Mr. Jones said it would help because he, too, was paying for Beveland. Mayor Nicoli stated that the Council would address Mr. Specht's point, as it was well made. He proposed that staff look at the alternate funding sources before the public hearing. Councilor Moore asked about payment options for the homeowners. Mr. Duenas agreed that Council needed to consider that issue but said that he was not prepared to advance any proposals at this time. • Bonnie Owens said that she represented Dr. Steven Pierce, the owner of the office building that would need to be purchased if Beveland was extended. She said that there were five businesses in that building that would need relocation. COUNCIL DISCUSSION Motion by Councilor Moore, seconded by Councilor Patton, to approve Resolution 99-10. Councilor Hunt said that he could not support the resolution until they decided whether or not to include the Beveland extension. Councilor Moore asked staff how a Council decision not to extend Beveland would affect this motion. Mr. Duenas said that if the Council took the extension out, it would result in a reduced assessment. Mr. Ramis concurred, pointing out that Council could take things out of the LID at the public hearing but they could not put things in to it. The City Recorder read the number and title of the resolution. RESOLUTION NO. 99-10, A RESOLUTION DECLARING COUNCIL'S INTENTION TO FORM A LOCAL IMPROVMENT DISTRICT LID TO IMPROVE 69TH AVENUE AND CERTAIN OTHER STREETS WITHIN THE TIGARD TRIANGLE IN THE CITY OF TIGARD. CITY COUNCIL MEETING MINUTES - FEBRUARY 9, 1999 - PAGE 18 Motion passed by a majority voice vote of the Council present. ((Mayor Nicoli, Councilors Patton and Moore voted "yes." Councilors Scheckla and Hunt abstained.) Mayor Nicoli asked Council for what information they wanted staff to provide to them at the public hearing. He mentioned other funding sources to reduce the cost and consideration of doing it now or in the future. Councilor Moore mentioned the assessment on the residential properties. Mr. DeHaas mentioned a State law allowing deferred assessments under certain conditions of age and income. Councilor Scheckla asked for relocation costs for the businesses in the house. Mr. DeHaas confirmed to the Mayor that the estimate included a range of costs for the right-of-way and tenant relocation. He commented that they needed to know whether or not the Council would include the extension before doing a full-blown appraisal because of the expense and length of time needed to do the appraisal. Councilor Hunt asked for clarification on Councilor Moore's suggestion of City funds going into the LID. Councilor Moore indicated that he had not made a clear proposal because he did not know yet what their options were. He said that he had thought that perhaps the City would not include Beveland in the LID, yet consider it important enough to have done at the same time and find another way to fund it. Or they might find that it was not financially feasible at this time and hope that it would be done in the future. 9. VISIONING ANNUAL REPORT: This item was not discussed. 10. CONSIDER ORDINANCE TO AMEND TITLES 1, 2 AND 7 OF THE TIGARD MUNICIPAL CODE TO UPDATE ABATEMENT REQUIREMENTS, TO PROVIDE WARRANT REQUIREMENTS FOR CODE ENFORCEMENT INSPECTIONS AND TO PROVIDE THE MUNICIPAL JUDGE WITH AUTHORITY TO ISSUE WARRANTS Motion by Councilor Hunt, seconded by Councilor Scheckla, to approve Ordinance No. 99-01. The City Recorder read the number and title of the ordinance. ORDINANCE NO. 99-01, AN ORDINANCE OF THE CITY OF TIGARD TO AMEND MUNICIPAL CODE SECTIONS 115.220(a), 115.340, 216.050, 116.305 AND 740.21(a). Mayor Nicoli mentioned that the Council received a thorough presentation from staff regarding this item at a previous work session. Motion was approved by unanimous roll call vote of Council present. (Mayor Nicoli, Councilors Patton, Scheckla, Hunt, and Moore voted "yes.") 11. COUNCIL LIAISON APPOINTMENTS Mr. Monahan presented the list of current Council liaison appointments. Councilor Moore spoke to the importance of a replacement for former Councilor Rohlf on the Washington Square Regional Task Force that met at 2:00 p.m. on Wednesdays. He recommended retaining Mr. Rohlf as an advisor to the new Council representative. Councilor CITY COUNCIL MEETING MINUTES - FEBRUARY 9, 1999 - PAGE 19 9111 311 Scheckla agreed to be the representative. Mr. Monahan reviewed the list (see packet materials for this meeting). Mayor Nicoli noted that the Council decided to let the Planning Commission take the lead in finishing the TSP but they still needed to put together the Transportation Bond Measure Committee. Councilor Moore suggested contacting some people who served on the Bond Committee 10 years ago. He agreed with the Mayor that they should have representatives from special interest groups, such as bicyclists and pedestrians. Mayor Nicoli suggested having staff develop a list of names. 12. COUNCIL LIAISON REPORTS 13. NON AGENDA ITEMS: None 14. EXECUTIVE SESSION: None The Tigard City Council went into Executive Session at 11:20 p.m. under the provisions of ORS 192.660 (1) (d), (3), & (h) to discuss labor relations, real property transactions, current and pending litigation issues. o Executive Session adjourned to Study Session at 11:40 p.m. 15. STUDY SESSION Mayor Nicoli advised the Council that he was planning on meeting with the daughter of Patricia Tan. Patricia Tan was killed in the auto-pedestrian accident at SW 121St and SW Walnut. The Mayor was going to investigate the incident further but he heard that the area around the bus stop was poorly lit with no sidewalks. He discussed ideas for urging Tri-Met to review bus stops for safety. 15. ADJOURNMENT: 11:48 p.m. W Gtr 076~1 Attest: Catherine Wheatley, City Recor ity df' Tigard Date: 3,a 3-q CITY COUNCIL MEETING MINUTES - FEBRUARY 9, 1999 - PAGE 20 COMMUNITY NEWSPAPERS, INC. Legal P.O. BOX 370 PHONE (503) 664-0360 Notice TT 9324 BEAVERTON, OREGON 97075 Legal Notice Advertising °City of Tigard ° ❑ Tearsheet Notice 13125 SW Hall Blvd. ° ❑ Duplicate Affidavit °Tigard,Oregon 97223 0Accounts Payable ° AFFIDAVIT OF PUBLICATION STATE OF OREGON, ) COUNTY OF WASHINGTON, )ss. 1, Kat v S513yclinr being first duly sworn, depose and say that I am the Advertising Director, or his principal clerk, of theTi C1arr1-Tna 1 at i n Times a newspaper of general circulation as defined in ORS 193.010 and 193.020; published at Ti garrl in the aforesaid county and state; that the Cotinri 1 Ravi aw Bnarri tIPAt i na 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: February 4,1999 J~u Subscribed and sworn to be re me this 4th day of FPhruary, 1.999 OEF;MAL REAL Ey Note ublic for Oregon ROBIN A. 13UPGESS • NOTARY PUEDC-OREGON My Commission Expires: COMMISSkDt• to 452071 MY CCt.1"-1IES+GN E Fiq ES MAY 16, 2001 AFFIDAVIT The following, nwetingltiighlights are published for your information. Ful agendas may be obtained from the City Recorder, -13125 SW Hall i Boulevard, Tigard, Oregon 97223, or by calling 639-4171. TIGARD CITY COUNCIL H AND LOCAL CONTRACT REVIEW BOARD MEETING February 9,1949 - 6:30 P.M. TIGARD CITY HALL - TOWN HALL 13125 SW HAIL BOULEVARD, TIGARD, OREGON Reports and updates to Council on the following topics: Preliminary Engineering Reports for 69th Avenue Local Improvement District * 'Visioning Annual Report Follow-up * Transportation Project Recommendations - DKS Consultants * Water Quality Report * Proposed Modification of Engineering Fees - (Opportunity for Public Comment Will be Available) * Amendment to Title 14 Building Codes * Abatement Ordinance - Nuisances on Private Property-. * Executive Session TT9324 - Publish February 4, 1999. ,`AGENDA ITEM NO. - 2• VISITOR'S AGENDA DATE : 02f0 Gloated to 2 n9nutes or leas„ please) Tease sign on the appropriate sheet for listed agenda hems. The Council wishes to hear from you on other issues not on the agenda, but asks that you first try W resolve your concerns through staff. Please contact the City Manager prior to the start of the meeting. Thank you. STAFF CONTACTED NAME, ADDRESS r&P;HONE TOPIC - o v 4 7.72 L AGENDA ITEM # FOR AGENDA OF February 9. 1999 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Proposed Modification of Engineering Department Fees PREPARED BY: BrianRager ~ DEPT HEAD OK 014Q' CITY MGR OK ISSUE BEFORE THE COUNCIL Recommendation by Staff to modify the current Department fee structure to ensure that City costs will be recovered for certain services provided. STAFF RECOMMENDATION That Council adopt the attached Resolution which will modify the Engineering Department fees. INFORMATION SUMMARY On November 17, 1998, Staff gave the Council a brief presentation regarding the current shortfall of revenues related to public improvement permits and addressing, and the fact that current City costs are not fully covered by the existing fee structure. The attached report provides additional detail as to the services that are currently provided and the problem with the current fee structure (Attachment 1). Also included in that report is a comparison of fee structures of other jurisdictions in the area. On January 6, 1999, Staff held an Open House for interested members of the public and development community to provide comment or raise questions about the proposed fee modification. There were no members of the public or development community in attendance. Also, Staff has not received opposition to the change, either in writing or by phone. OTHER ALTERNATIVES CONSIDERED Staff considered two other options: 1) leave the fee structure as is, or 2) raise the current flat rate for public improvement permits to something higher than 4%. Both alternatives were rejected because they can not ensure that City costs will be recovered in all cases. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY_ N/A I~ FISCAL NOTES I The result of this fee modification will be that Engineering Department costs related to public improvement permits and assignment of addresses will be covered by the permit fees and charges assessed to each project. St•W AGENDA ITEM # FOR AGENDA OF 9 February 1999 _ CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Presentation to Council on 92nd Ave. Road Improvements Design Q%ions PREPARED BY: John Roy DEPT HEAD OK ;P~- CITY MGR OK ~61y ISSUE BEFORE THE COUNCIL. Design options for improvements to 92"d Ave. STAFF RECOMMENDATION No recommendation at this time. This presentation will provide information and design options for discussion for the road improvements to 92"d Ave leading into Cook Park INFORMATION SUMMARY In 1998 Council directed staff to implement the Cook Park Master Plan Expansion. In the process of working with Kampe & Associates, the consulting engineer on the expansion plan, it was determined that it was necessary to consider improvements to 92"d Ave. leading into Cook Park. There were concerns expressed related to traffic issues when entering and leaving the park, pedestrian issues due to a lack of sidewalks, and additional vehicle traffic as a result of increased park use and park expansion plans. Staff directed Kampe & Associates to determine what design options are availabe for Council to consider. OTHER ALTERNATIVES CONSIDERE Until Kampe & Associates presents their options to Council other alternatives will not be considered. After the presentation it will be determined if further consideration is required. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY Transportation & Traffic Goal #1- Improve Traffic Safety. FISCAL NOTES None to be considered at this time. [ACITYWIDEW AVE SUMMARY.DOC Agenda Item No. MEMORANDUM CITY OF TIGARD, OREGON Meeting of a q~Q~ TO: Honorable Mayor and City Council FROM: Bill Monahan DATE: February 2,1999 SUBJECT: COUNCIL CALENDAR, February 1999 - April 1999 Regularly scheduled Council meetings are marked with an asterisk If generally OK, we can proceed and make specific adjustments in the Monthly Council Calendars. February * 9 Tues Council Meeting (6:30 p.m.) Study Session - Business Meeting 10 Weds Special Council Meeting (7:30 p.m.) Erickson Heights Subdivision Public Hearing 15 Mon President's Day - City Offices Closed * 16 Tuesday Council Workshop Meeting (6:30 p.m.) * 23 Tues Council Meeting - (6:30 p.m.) Study Session - Business Meeting March 2 Tues Special Council Meeting (6:30 p.m.) Study Session - Business Meeting * 9 Tues Council Meeting (6:30 p.m.) Study Session - Business Meeting *16 Tuesday Council Workshop Meeting (6:30 p.m.) * 23 Tues Council Meeting - (6:30 p.m.) Study Session - Business Meeting April *13 Tues Council Meeting (6:30 p.m.) Study Session - Business Meeting * 20 Tues Council Workshop Meeting - (6:30 p.m.) 22 Thurs Volunteer Dinner - (5:45 p.m.) Tigard High School * 27 Tues Council Meeting - (6:30 p.m.) Study Session - Business Meeting iAadm\cathy\cound1\ccca1.doc nem A genda Iy,Gw11'i 1',j 1 Y Meeting of . da n e A e g v t nta 1Te Tigaid Counct 2(15!1494 - Workshop 14 eating Due: J1199 cial6p tpics 7:00 . e o 2110(99 - 5p Works Less Re oft m 2109199 wnto'Nn Committee pro Due. 1130199 ei Do Bl►sineSs Ericksonti hts ' A~exation 117,9199 lea fin Continued ° cocedutes Jim DUe: 1:30 PM " clew Issues aim anon (way"e) ~sion 7:15 p•m } scuay nission eetin w(plannln Corni s pack Master Financial Informementlssues Ron - Joint M Apartment Ntanag boyhood issues m gi A - h P Re oft from ~ e ssociate Summe1lake ark -nel of 92nd Ave. 9:00 PM Plan - W idenin BilUJim of 99 Council Goals Discussion Consent ~eQda Council Minutes A rove Receive andPile: five A ell 3 2a, Tenta ! Policies ,.2b. Council Cale t 'ersonae elter nrendmen - picnic Sh id A rovC A Park Pavilion LCRB _ Cook gttsin~~~tin~ ` S stemplan TSP U date onTrail s R ort - 69tb Ave. LID En . ring Plei' mina ofEng Pees inee Modification oR Establish & A t. Water uali Ik sk Force- d~vesession Ta Exec Water Advpoittual Re oft Priv- P nuisances on Vision ent ordinance - Abatem ointn1ents Council Liaison A gesSlott Ex~ i l ~ ,VaU, `ry STRV Tigard council Tentative Agenda 3109199 - Business Sat Meeting Due; 2126199 312199 P stuay c,¢ssion 2123199 - Business Due: 2118199 Due; 2111199 ement Conve ance gession USA Maintenance Mana Study Study (Ed) Plan g Master - PH Buildin Fees Discussion stems Ado tion of the Park S stem Coleman Park SD -Staff, 30min. C Consultant & jtroval Consent Agenda Woodward Park Master Plan App 3.1 A rove Mutes Receive & File: 3.2p Tentative A endas Cony Agenda 3.2B Council calendar A rove council minutes ent Remodel Award Bid - Police De aruu Initiation of 135th - Detour easement vacation iw am Tdeettng nest if need to for CPAH Tax Abatement Re 30-da deadline Vision Update Busing Mpg Water U date - Ed . LID - Public Hearin 69th pYe g Tentative Franchise own ershi Transfer of SW wal - Annex to Tigard Water District WithdrCode -Public Hearin Communi Housin U to Title l4 - ad'ust to most recent codes Tun VIEW Y Tigard Council Tentative Agenda 4113/99 - Business 3/23199 - Business Due: 411199 43/16/99 - Workshop Due; 3/11/99 Study.Sessiou Due: 314/99 Study Sessiou Joint Meetin with Libra Board Workshop Topics Financin Alternatives -Park Improvements projects (Gus - 45 min.) Potential Road Bond Lou -tern water source - information in re enda Consent Ag of Council decision in A ril Agenda Receive & File: Discussion: Community Events consent 3.1 A rove minutes 3.1 A rove Minutes Insurance A ent of Record Bid Award 3.2 a. Tentative a ends LCRB - 3,2 b. Council Calendar (Loreen) 3.3 Solid Waste Rate T~eview Results Business Meeting Business Meeting Presentation on volunteer moll es in date -Ordinance reco nition of volunteer m month Business Tax Code U ercial St. (10 min. Vision Update Parkin Revisions -Comm ttee Recom- o oal update Water U date - Water Discuss' Council g P st if not Public Hearin CPpg Tax Abatement Re ne on 3/9 Water Discussion on Process Elm AGENDA ITEM # 3 FOR AGENDA OF Feb 9, 1999 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Resolution amending the Personnel Policies for M ement, Supervisory, and Confidential Em to ees b adding new Articles 1 5 17, 18 and 19 PREPARED BY: Sand Zodrow DEPT HEAD OK l .4n2!L~ITY MGR OK ISSUE BEFORE THE COUNCIL Should the Council approve the amendments to the Personnel Policies for Management, Supervisory and Confidential employees by adding new Articles 1, 5, 17, 18 and 19 STAFF RECOMMENDATION Approve the new articles and add to the previously adopted Personnel Policies for Management, Supervisory and Confidential employees INFORMATION SUMMARY The City Council adopted the revised and updated Personnel Policies for the Management, Supervisory and Confidential employees at their November 24, 1999 meeting and held Articles 1 and 5 over for further discussion and adoption at a later date. The City Council discussed these articles at their January 19, 1999 meeting with staff and the City's labor attorney, as well as the inclusion of a new article regarding discipline and discharge. Based on these discussions, staff has proceeded to agenda these articles for final adoption by the Council. The attached Exhibit A represents the proposed new articles 1 and 5, as well as new articles 17, 18 and 19 which represent the discipline and discharge subject matter. They are agendaed on your February 9t' Consent Agenda for final adoption by the Council. OTHER ALTERNATIVES CONSIDERED All options were discussed in Executive Session with the City Council at their January 19th meeting. 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 human resources philosophy and practices. FISCAL NOTES Not applicable AGENDA ITEM # FOR AGENDA OF February 9. 1999 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Water Oualily Presentations PREPARED BY: Ed Wegner DEPT HEAD OK 60V CITY MGR OK ISSUE BEFORE THE COUNCIL Report on water quality issues pertaining to the Willamette River Water project. STAFF RECOMMENDATION No recommendation at this time. This report will provide information needed for our continued discussions of a long term water supply source for the Tigard water service area which includes Durham, King City and the unincorporated area. INFORMATION SUMMARY During CIT meetings last spring and summer many questions were raised as to the raw water quality of the Willamette River. In an effort to continue to seek professional knowledge in the area of water quality, Tigard contracted with Montgomery Watson to complete an annual Raw Water Monitoring Program. Montgomery Watson will make a presentation on the six month progress report. Another area of concern that we heard from the public was in regards to Endocrine Disrupters - organic compounds that might interact with human hormonal systems. Dr James Wilson, Vice President of consultants in Toxicology Risk Assessment and Product Safety (CTRAPS) and Senior Fellow at Resources for the Future will present the results of recombinant receptor/reporter gene bioassays conducted by CTRAPS on the Willamette River samples, which demonstrated the absence of any estrogenic or anti-estrogenic activity. OTHER ALTERNATIVES CONSIDERED These are follow up presentations to your area of concerns that you may wish to further study this matter. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY This fulfills the visioning goal of pursing long term water supply source. FISCAL NOTES Funds for the work done thus far are from the water fund and other agencies participating in the Willamette River Water Supply System. 11CITYWIDE\WATER SUMMARY 2.9.D0C Y , CITY OF TIGARD WILLAMETTE RIVED MONITORING PROGRAM QUARTERLY REPORT January, 1999 Background The City of Tigard is currently conducting raw water quality monitoring of the Willamette River near Wilsonville. The City began a 12-month monitoring program in July of 1998. The City's program is a continuation of an ongoing effort to characterize water quality of the Willamette River, an effort which has been funded by regional water utilities since 1994. A previous sampling program was in operation at Wilsonville, Oregon from April 1994 to July 1996. The City's current program maintains the emphasis on understanding the physical, chemical and biological parameters which are of interest for water treatment and public health. This sampling program includes regularly scheduled sampling for a variety of drinking water quality parameters, microbiological contaminants, trace metals, inorganic chemicals, and synthetic organic chemicals. The sampling program has been designed to encompass current and anticipated federal and state monitoring requirements, in addition to better understanding the presence of chemicals which are in use in the Willamette River Basin. The water quality information collected in this ongoing sampling will continue to inform decisions about potential future treatment requirements for this supply. The City's program includes weekly sampling for routine water quality parameters which are relevant to drinking water treatment, as well as weekly and monthly sampling for standard physical, chemical and biological indicators of water quality. The program includes quarterly sampling over a range of river flow conditions for an exhaustive list of organic and inorganic chemicals, including: • parameters regulated under the Safe Drinking Water Act, the entire EPA Contaminant Candidate List (CCL) which comprises all constituents which could be subject to drinking water regulation sometime in the future, a all pesticides and herbicides which were detected by the USGS from anywhere in the Willamette Basin; and e 25 suspected endocrine disruptors. Table 1 summarizes the contaminants monitored under the City's program. City of Tigard page 1 Raw Water Monitoring Program - Quarterly Report 1 Field Measurements Water quality sampling results which are available at this time for the City of Tigard's program encompass a four-month period in the late summer and fall of 1998, from July 10 to November 25. Raw water turbidity was measured weekly in the field, and was below 5 NTU for the late summer/early fall period prior to the fall rains. Total organic carbon during the low flow period averaged approximately 2.3 mg/L. Turbidity increased rapidly at the end of November in response to rain, and TOC increased to 4.3 mg/L. The Willamette River during this period can be characterized as a soft, low turbidity water with a low organic content. This is consistent with findings of previous years. Bacteriological Quality Overall bacteriological quality of the river during this period was good. Total numbers of coliform colonies ranged from 30 to 500 colonies/100 mL. Total coliform counts appeared to spike in November in response to rains. This is consistent with patterns observed in previous years. It should be noted that the coliform counts currently being observed are about ten times higher than have been observed during previous phases of the Willamette sampling program. The results currently being obtained are more consistent with historical data observed by the ODEQ from 1982 to 1993. The cause of this discrepancy is most likely a difference in laboratory methods between the Portland Water Bureau lab, which conducted the analysis in previous phases, and the current commercial lab, AmTest Oregon. Giardia and Cryptosporidium Monthly samples for Giardia and Cryptosporidium were collected in August, September and November of 1998. Presumptive Giardia counts ranged from non-detectable to 180 cysts per 100 liters. "Presumptive counts" mean that using fluorescent antibody staining, an object can be identified under the microscope with the convect size and shape of a Giardia cyst. No Giardia cysts were confirmed in any of these three samples. "Confirmed counts" have been verified by examining the object at higher magnification. Presumptive Cryptosporidium counts ranged from non-detectable to 140 cysts per 100 liters of water. No Cryptosporidium oocysts were confirmed in any sample. A summary of results is presented in Table 2. Metals Twenty-seven metals and inorganic chemicals were sampled in two quarterly events, on August 12 and November 2, 1998. Both sampling events corresponded to low flow, low turbidity conditions in the River. In general, most metals were detected at levels in the hundredths and thousands of a City of Tigard page 2 Raw Water Monitoring Program - Quarterly Report part per million. Regulated inorganic constituents were either not detected, or were detected at levels well below the treated water standard. Aluminum was detected at 0.25 mg/L and 0.12 mg/L for the two sampling events. Aluminum is a common dietary component, with the average dietary intake being about 20 mg per day (AWWA, 1990). Aluminum is also common in treated waters, particularly-those where alum is used as a coagulant in the treatment process. The USEPA has proposed a secondary standard for this contaminant of 0.05 mg/L, primarily to ensure that coagulated material is removed ahead of the distribution system. A summary of metals and inorganics results is given in Table 3. Organic Compounds Quarterly organic chemical scans were conducted on August 12 and November 2, 1998. A total of 170 organic compounds were analyzed, including regulated contaminants, constituents on the EPA Contaminant Candidate List, detected pesticides and herbicides as part of the USGS Study of Dissolved Pesticides in the Willamette Basin, 1996 and suspected endocrine disruptors. In the August sampling, the following results were obtained: • no detects were registered in 64 semi-volatile organic compounds by EPA Method 525.5, • no detects in 19 acid extractable compounds (primarily phenols); • no detects of aldicarb pesticides; • no detects of 15 herbicides by EPA Method 515.1; • no detects of diquat, paraquat, EDB and DBCP; • no detects of 14 organophosphorous pesticides; • no detects of 41 nitrogen and phosphorous pesticides by EPA method 507; • no detects of 64 regulated volatile organic chemicals; • no detects of 30 pesticides regulated under the SDWA; and • no detect of dioxin, with a method detection limit of 3.1 picograms per liter (10"9 mg/L or one-billionth of a part per million) The regulated herbicide simazine was detected Montgomery Laboratories method (ML614,619,8141) at a level of 1.7 ug/L. This herbicide was not detected in the same water sample by the two EPA methods which were applied for detection of semi-volatile compounds or nitrogen/phosphorous pesticides (EPA 525.5 and EPA 507). Resampling on September 23 1998 for NIP pesticides did not detect the presence of simazine. Simazine has not been detected in previous phases of the raw water sampling program. Simazine is a regulated organic chemical under the Safe Drinking Water Act, with an MCL of 4 ug/L. It is anticipated that simazine would be removed by ozone and GAC treatment. City of Tigard page ? Raw Water Monitoring Program - Quarterly Report In November, the following results were obtained: • Simazine was not detected by EPA Methods 525.5 and 507; • All compounds described above were non-detects, with the exception of the detection of the regulated volatile organic chemical dichloromethane (also called methylene chloride) at 1.2 ug/L. The proposed MCL for this contaminant is 5 ug/L in finished water. It should be noted that laboratory contamination is a frequent confounder of occurrence data for this chemical (AWWA, 1990). • no detect of dioxin, with a method detection limit of 1.5 picograms per liter (10 mg/L or one-billionth of a part per million) Future Sampling Activity ` Severe flooding throughout the Willamette Basin was experienced in December. High river flow conditions broke loose the intake line from its submerged mooring in early December. Sampling was interrupted in December while the intake line was repositioned. The raw water sampling pump was submerged by flood waters at the end of December. Sampling is currently on hold while the intake pump is replaced. The next round of quarterly sampling is scheduled for the end of January. This sampling will represent high flow, high turbidity, winter-time conditions. The City of Tigard will replace the failed pump by the last week in January. City of Tigard page 4 Raw Water Monitoring Program - Quarterly Report TABLE 2 SUMMARY OF GIARDIA AND CRYPTO SAMPLING RESULTS DATE GIARDIA GIARDIA CRYPTO CRYPTO I PRESUMPTIVE CONFIRMED PRESUMPTIVE CONFIRMED ' 8/12/98 ND NO 38 NO 9/23/98 50 NO NO NO 11/2/98 180 NO 140 NO i i i i i i 1 ~ City of Tigard page 5 Raw Water Monitoring Program - Quarterly Report TABLE 3 SUMMARY OF METALS AND INORGANICS RESULTS CONCENTRATION IN MG/L CONSTITUENT 8/12/98 11/2/98 MCL OR REGULATORY STATUS aluminum 0.25 0.12 priority for health and treatment research antimony nd nd 0.006 m /L arsenic 0.002 nd 0.05 m /L barium 0.0066 0.005 2.0 m /L beryllium nd nd 0.004 m /L boron nd - priority for regulatory determination bromide nd nd No regulation anticipated cadmium nd nd 0.005 m /L chromium 0.016 0.0034 i 0.1 m /L copper 0.004 0.0046 regulated by treatment technique cyanide nd nd 0.2 m /L fluoride nd nd 4.0 m /L iron 0.34 0.23 No regulation anticipated lead 0.00072 0.0008 regulated by treatment technique magnesium 2.1 1.8 No regulation anticipated manganese 0.028 0.016 priority for regulatory determination mercury nd nd 0.002 m /L nickel nd nd No regulation anticipated nitrate 0.26 0.21 10 m /L nitrite nd nd 1 m /L selenium nd nd 0.05 m /L silver nd nd No regulation anticipated sodium 7.2 6.5 priority for health research sulfate 4.9 3 priority for regulatory determination thallium nd nd 0.002 m /L Zinc 0.0069 nd No regulation anticipated City of Tigard page 6 Raw Water Monitoring Program - Quarterly Report 01 1 1111 M References American Water Works Association. Water Quality and Treatment. McGraw-Hill, Inc. 1990. , , j s City of Tigard page 7 Raw Water Monitoring Program - Quarterly Report February 9, 1999 Willamette River Water Poses No Public'Health Threat 4 4 from "Endocrine Disruptors" Drinking water from the Willamette River will not interfere with human estrogenic pathways, according to the results of research released today by the Willamette Water Supply Agency (WWSA). The research demonstrated that no chemicals are present in water from the Willamette River that act as "endocrine disruptors" for a human hormone, estrogen. Estrogen is the major female sex hormone. The study was performed by Dr. Daniel M. Byrd of the Washington, D.C., firm of Consultants in Toxicology, Risk Assessment and Product Safety (CTRAPS), in collaboration with Dr. Tim Zacharewski of the National Food Safety and Toxicology Center at Michigan State University. WWSA funded the research in response to public concerns about the presence of endocrine disruptors in Willamette River water. Some theories have linked endocrine disruption to cancer and to neurological, reproductive and developmental effects. Some scientists have proposed that, at extremely low or even at undetectable concentrations, chemicals in water could interfere with the body's endocrine functions, causing cancer or reproductive problems. These theories remain controversial and have not been proven. The theories refer to suspect chemicals as "endocrine disruptors." Under these theories, endocrine disrupting chemicals can impact humans in two ways. The body, acting through its endocrine organs, naturally produces and releases hormones known as estrogens. These estrogen hormones circulate through the body and regulate certain body functions, including female characteristics in both males and females. Under the first theory, the chemicals can mimic the body's natural estrogens, creating extra estrogen messages to the body's regulating systems. This would result in an estrogen imbalance and negative health effects. Under the second theory, the chemicals could act as "antiestrogens," interfering with endocrine receptors, the parts of the body that process the estrogen circulating through the blood. This would also create a hormone imbalance, by preventing the receptors from properly receiving the body's natural estrogen. Rather than testing for the presence in the water of chemicals that may be endocrine disruptors, the research conducted by WWSA tested for occurrences of binding to these endocrine receptors. This approach will detect any endocrine disruptor, whether from a chemical that had been detected or one that was not. The test that Byrd and Zacharewski applied is the same one that EPA plans to use in its examination of a broad range of suspected endocrine disrupting chemicals. The test is much more sensitive and comprehensive than testing water samples for each of the many chemicals that have been theorized as possible endocrine mimics. CTRAPS conducted a "recombinant receptor/reporter gene bioassay", a proven method referred to as the E2 Bioassay. Previous research on this method has demonstrated that its reactions detect binding to the endocrine receptor. If any reaction is detected, that is evidence that endocrine disruption chemicals are present. Conversely, if no reactions occur, then no estrogen reactive chemicals are present. The testing methods 1 e are capable of detecting contaminants and reactions at concentrations of less than 0.02 nanograms per milliliter of water (20 parts per trillion). Water samples were taken from the river at the point where a water treatment plant has been proposed to serve the cities of Tigard and Wilsonville. No estrogen mimicking or antiestrogenic activity was detected in any of the four Willamette River samples tested by CTRAPS. These results are bolstered by the extremely sensitive methods used in the testing. To improve the chances for detecting any endocrine disrupting chemicals, the substances in the samples were increased to a concentration 100 times actual levels. Even at this super-sensitive level of detection, the CTRAPS tests did not detect any endocrine disrupting chemicals. CTRAPS scientists conclude that "disruption of estrogenic systems is not of concern for humans consuming water from the Willamette River." They conclude that if any estrogenic chemicals are present but are below the detection limit, the daily exposure from drinking treated water from the river would represent less than 1/I00,000'h of the amount naturally produced daily by an adult woman, and 1/1,000'h the amount naturally produced by a child. In two and one-half years of taking water samples directly from the Willamette and testing for the presence of chemicals, WWSA has detected only two chemicals, atrazine and simazine, which are commonly used agricultural chemicals on the list of suspected endocrine disruptors. Subsequent research on these chemicals has determined that they do not act as endocrine disruptors in humans. The research found that the molecular shape of these chemicals does not fit into the shape of the estrogen receptor, so no binding can occur. Without the binding with the estrogen receptor, no estrogenic effects can occur. (WWSA's water testing program occasionally detected these two chemicals in untreated water, at levels well below the maximum concentrations allowed for treated drinking water. WWSA's pilot treatment plant tested for but did not detect wither of these chemicals in the tap water after treatment.) Earlier research by members of WWSA had demonstrated that water removed from the Willamette River and treated in a water treatment plant will meet or surpass all EPA standards under the Safe Drinking Water Act. The WWSA research includes 2 '/2 years of water quality sampling of untreated water. Those tests found that water from the river is comparable in quality to that in Portland's combined Bull Run / groundwater system, the Clackamas River and the Tualatin River, other major sources of drinking water in the metropolitan area. A seven-month pilot project of a water treatment plant was also conducted at the Willamette River site near Wilsonville. The project removed and treated water from the river; it was then tested for compliance with all EPA standards established under the Safe Drinking Water Act. Using standard water treatment methods, the pilot plant demonstrated that all standards were met or surpassed. Although the water sampling results did not show a need for additional measures, the treatment plant under consideration in Tigard and Wilsonville adds to standard treatment methods to address public concerns about the potential presence of organic chemicals in the river. The plant would use ozone rather than chlorine for disinfection, and would use a filter of granular activated carbon (GAC). GAC is used around the world, and is recognized by EPA as the best filter medium for removing chemicals from water. Tests conducted in the pilot study 2 showed the ozone and GAC filtration effective in removing more than 99.9% of chemicals added to the water sample. For additional information, contact: Kevin Hanway, Executive Director Willamette Water Supply Agency 503-642-1511 kevinh@tvwd.tualatin.or.us 3 a' s ' I Daniel M. Byrd III, Ph.D., D.A.B.T. J{- James D. Wilson, Ph.D. Karen L. Engdahl, B.FA, IFMA Robin Sadja, M.BA Hari V. Rao, Ph.D. Bertram D. Litt, M.A. Arthur Hammond-Tooke, MA. Harry A. Milnran, Ph.D. ESTRO"GENICITY OF WILLAMETTE RIVER WATER Summary Report Prepared for: Willamette Water Supply Agency (WWSA) and Montgomery Watson Portland, OR Prepared by: Daniel M. Byrd III, Ph.D., D.A.B.T. Consultants in Toxicology, Risk Assessment and Product Safety (CTRAPS) Washington, DC and Tim Zacharewski, Ph.D. Department of Biochemistry Michigan State University East Lansing, MI .s,- A P S CONSULTANTS IN TOXICOLOGY, RISKASSESSMENT AND PRODUCT SAFETY....Exixllentr In Biomedical Strategies at: 1425 4th Stteet SW Suite A211 Washington DC 20024 t1oioe 202 3710603 Fewimile 202 484 0616 Email cbaps@md&net ESTROGENICITY OF WILLAMETTE RIVER WATER, Summary Report, 15 January 1999 Page 2 of 6 ° Study Rationale: A new environmental concern has arisen about estrogens in the environment, often called endocrine disruptors, that might interact with human hormonal systems (1). Endocrine organs release natural estrogens to circulate in the body and regulate body physiology, including female characteristics. The underlying concept is that environmental contaminants with estrogenic activity might cause adverse toxicity effects, particularly cancer and developmental or reproductive effects (2). The subject is new and controversial (3, 4). While lists of suspect endocrine disruptors exist, many scientists do not agree with them. Because the subject is new, the problem remains that analysis for the presence of only the suspect substances might miss an endocrine disruptor that is presently unknown. In this study, we take a different approach to the analysis of a water supply. Instead of searching for specific chemical contaminants in a water supply, we look for any substances, known or unknown, that have estrogenic activity. A lack of estrogenic activity above the detection limit of our assay will show that the water samples do not contain any substances with estrogenic activity. The estrogen receptor (ER), a protein, mediates the effects of estrogens by binding them. The binding process has high affinity, conferring both specificity and sensitivity to the hormonal activity of estrogens. After transport to the nucleus of cells, the estrogen-qR complex induces new messenger RNAs through a process called transcription. The new messenger RNAs code for the proteins that eventually result in female characteristics. Antiestrogens also could bind to ER, blocking the access of natural estrogens, so that the antiestrogen-ER complex is incapable of inducing transcription. Thus, an antiestrogenic substance in a water supply could disrupt the estrogenic hormonal system, while the substance does not mimic the effects of estrogen. For this reason, we have also tested for the presence of any antiestrogenic substances in the water supply. To accomplish testing of water samples for biochemical activity, instead of chemical substances, we have taken advantage of the properties of the ER (5). This protein binds very tightly to substances with estrogenic activity. Substances in a water sample that do not interact with ER cannot, by definition, elicit estrogenic or antiestrogenic effects. We used published methods that are very sensitive to the presence of any substance that binds to the estrogen receptor. Thus, we do not need to know the chemical identity of any putative substances in a water sample. In addition, we used a human ER, so that the results directly apply to the presence or absence of potential human health effects. Summary of study results: Four samples of Willamette River water lacked any detectable estrogenic or antiestrogenic activity. A full technical report (with accompanying figures, tables, and raw data) in support of the study is available separately from CTRAPS. In the sections below, we summarize the results and methods, and give our conclusions. We measured estrogen receptor (ER)-mediated activity using an in vitro recombinant receptor reporter gene assay. This assay involves transiently transfecting MCF-7 human breast cancer cells with the chimeric human ER, Ga14-HEG0, which consists of the yeast Ga14 DNA binding domain linked to the ligand binding domain of the human ER, and a Gal4 response element (17mer)-regulated reporter gene, 17m5-G-Luc, which contains five tandem 17mer response elements upstream of the rabbit (3-globin promoter linked to the firefly luciferase reporter gene. Dose-dependent induction of the reporter gene, 17m5-G-Luc, was observed with the positive control, 17p-estradiol (E2) with induction of greater than 30-fold following incubation of transfected MCF-7 cells with 10 nM E2 for 24 h. No induction of reporter gene activity was observed with the 10, 50 or 100 fold dilutions of the lyophilized water samples resuspended in DMSO using the same assay conditions. In addition, cotreatement of the Willamette River samples with 10 nM E2 had no effect compared to E2 alone. The Willamette River samples did not elicit ER-mediated agonist or antagonist activity using the Ga14-HEG0/17m5-G-Luc recombinant receptor/reporter gene assay. CONSULTANTS iN TOXICOLOGY, RISKASS£SSM£NT AND PRODUCT SAFETY....Frrellener in Biomedical Strategies at: 1425 4th Street, SW Su/te A211 Washington DC 20024 Voice 202 3710603 Facsimile 202 484 0616 Email ctraps@radix.net I ESTROGENICITY OF WILLAMETTE RIVER WATER, Summary Report, 15 January 1999 Page 3 of 6 Background. ER is a member of the nuclear receptor superfamily (6). More than one molecular form of ER exists. The proposed mechanism of action is initiated by the binding of an estrogenic compound to the ER causing a conformational change in protein structure and the dissociation of heat shock protein 90 (hsp90). Ligand occupied ERs then undergo homodimerization and the resulting ER homodimer complexes possess high affinity for specific DNA sequences referred to as estrogen response elements (EREs), located in the regulatory region of estrogen-inducible genes. Once bound to the ERE, the ER homodimer complex recruits proteins known as transcription factors to the target gene promoter. These transcription factors are intermediate signal transducers that interact with the ER homodimer complex and the transcription machinery which leads to increased gene expression and the production of mRNA. The mRNA is then translated into proteins which are the ultimate effectors of the observed responses. These responses include increases in uterine wet weight, vaginal cell comifcation, oocyte maturation, maintenance of bone density and tumor development. Many target genes induced by estrogen have been identified and include growth factors, growth factor receptors, proteases, transcription factors, egg yolk proteins and several other genes whose protein products have functions that have not been fully elucidated. The induction of several of these genes including growth factors, growth factor receptors and proteases have been associated with contributing to the development of disease and dysfunction as well as playing critical roles during development. Therefore, it has been hypothesized that substances that mimic the activity of endogenous estrogen, such as E2, elicit their adverse effects through the modulation of gene expression which may contribute to the etiology of disease, a dysfunction and/or predispose an individual to adverse health effects at later stages of life. Results from in vitro studies have demonstrated that exoestrogens can interact with the ER and induce estrogenic responses (6, 7, 8). Although there have been no conclusive reports demonstrating that ER- mediated exoestrogens initiate or contribute to the development of hormone-dependent cancers or compromise reproductive fitness (1, 9), additional in vivo studies that specifically investigate the alleged role of exoestrogens in the development of hormone-dependent cancers or compromise reproductive fitness are required to account for the potential pharmacokinetic and pharmacodynamic interactions that can only be examined in in vivo models (8, 10). Tim Zacharewski's laboratory has been actively involved in the development and validation of mechanistically-based in vitro assays for the identification and assessment of chemicals and complex environmental mixtures that elicit ER-mediated estrogenic responses. A recombinant receptor/reporter gene bioassay, referred to as the E2 Bioassay, has been used to investigate the alleged estrogenic activities of a number of alleged exoestrogens and complex mixtures (9, 11-17). The E2 Bioassay uses the Gal4-HEGO chimeric receptor which consists of the ligand binding domain of the ER (i.e., domains D. E and F; amino acids 250 to 595) linked to the DNA binding domain of the yeast transcription factor, Gal4 (amino acids 1 to 148) and the Ga14-regulated luciferase reporter gene (17m5-G-Luc) that consists of the firefly luciferase cDNA regulated by the rabbit Pi globin basal promoter and five tandem consensus Ga14 response elements (17mer = CGGAGGACTGTCCTCCG) (9). The E2 Bioassay exploits the receptor-mediated mechanism of action of estrogenic substances. Following treatment of transfected cells, the estrogenic substance binds to the ER ligand binding domain of the chimeric receptor and transforms the GaI4-HEGO construct into an activated, high affinity DNA binding homodimer receptor complex. The Gal4 DNA binding domain then directs the activated chimeric receptor complex to the 17m5-G-Luc reporter gene where it binds to the Gai4 response elements (17mers). Binding of the activated complex to the 17mer response elements initiates expression of the firefly luciferase cDNA which, in turn, results in the induction of luciferase activity. Consequently, determination of luciferase activity in the E2 Bioassay is a measure of the in vitro estrogenic activity of a substance. It is important to note that the ER ligand binding domain within the Gal4-HEG0 chimeric receptor does not exhibit different binding affinities and/or ligand specificities, when compared to the native ER, based on CONSULTANTS iN TOXICOLOGy, RISK ASSESSMENT AND PRODUCT SAFETY ....Errellenee hr Bloniediral Strategies at: 1425 41h Street, SW Suite A211 Washington DC 20024 Voice 202 3710603 Facsimile 202 484 0616 Email ctraps@radbf.net ESTROGENICITY OF WILLAMETTE RIVER WATER, Summary Report, 15 January 1999 Page 4 of 6 • observations that receptors contain domains that can function independently from one another (7, 18). In transiently transfected MCF-7 human breast cancer cells, 1 nM E2 has been reported to induce luciferase activity 60- to 90-fold with an EC50 of 20 pM (17). Furthermore, since no mammalian proteins are known to bind and initiate gene expression via a 17mer response element, increases in 17m5-G-Luc reporter gene activity can occur only via Gal4-HEGO, thus ensuring that induction is mediated exclusively by the chimeric receptor. Therefore, when compared to other in vitro estrogenic assays, the E2 Bioassay has comparable sensitivity, greater responsiveness and improved selectivity since induction can only occur via the Ga14- HEGO chimeric receptor. Sample Handling: Four representative water samples were obtained by Lisa Obermeyer of Montgomery Watson at the intake point on the Willamette River. The 50-60 ml water samples were taken in glass sample jars and stored at 40 C. Each sample was decanted into two, 2-ounce wide mouth glass sample jars and placed at -200C for 48 hrs. The samples were lyophilized and resuspended in a total volume of 5 ml of distilled water. They were transferred to 20 ml glass scintillation vials and stored at- 200C ovemight. The samples were lyophilized a second time and resuspended in a total volume of 0.5 ml of DMSO. Thus, substances in the water samples were concentrated by a factor of one-hundred fold before an assay. Cell Culture: MCF-7 cells are ER-positive, estrogen responsive human breast cancer cells, which were provided by Dr. L. Murphy (University of Manitoba, Manitoba, Canada). MCF-7 cells were grown in phenol red-free DMEM supplemented with 10% FBS and 24 mM sodium bicarbonate, 1 nM glucose, 20 mM 4-(2-hydroxyethyl)-1- piperazineethanesulfonic acid (HEPES), 1x nonessential amino acids, 1x vitamin supplement solution, 10 mM sodium pyruvate, 2 mg/ml lipoic acid, 1.38 mg/ml vitamin B12, 0.5 mM zinc sulfate, 2 mM glutamine, 50 g/m1 gentamycin, 100 IU penicillin, 100 pg/ml streptomycin, and 2.5 pg/ml amphotercin B. The cells were grown at 37°C in a 4% C02 humidified environment. Transfections and Reporter Gene Assays: Transient transfections and gene transcription assays were performed essentially as previously described (11, 12, 15, 17). Briefly, MCF-7 cells were seeded at approximately 50% confluency in 6-well tissue culture plates in medium supplemented with 6% dextran-coated charcoal-treated fetal bovine serum (DCC-FBS) and allowed to attach for 6 h. Cells were then transiently transfected by the calcium phosphate co-precipitation method (19) with 1.5 pg of 17m5-G-Luc (provided by Dr. P Chambon, IGBMC, Illkirch, France), 0.2,ug of Ga14-HEGO (20), along with 0.12 µg of pCMV-IacZ ((3-Galactosidase expression vector, provided by Dr. G. DiMattia, London Regional Cancer Centre, London, Ontario, Canada). Cells were washed 16 h later with sterile phosphate buffered saline (PBS) and fresh medium was added to each well. Transfected MCF-7 cells were exposed to the following final concentrations: (i) serial dilutions of the river samples, (ii) 1 pM to 10 nM of E2 or (iii) DMSO (solvent) alone, which served as the solvent control. Final concentrations were obtained by adding 2 Ni of a sample to 2 ml of medium. Following incubation with test compound for 24 h, calls were harvested and assayed for luciferase activity according to the method described by Brasier et a/. (21). The reference plasmid, pCMV-IacZ was co-transfected as an intemal control to correct for differences in transfection efficiencies and sample extractions. P-Galactosidase activity was measured according to standard protocols (19). Transiently transfected MCF-7 cells were treated in duplicate and two samples were taken from each replicate. Therefore, the means and standard deviations were calculated from four measurements. Each experiment was repeated twice. Values were reported as a percentage relative to the maximum induction observed with 10 nM E2. CONSULTANTS IN ToxicOLOGy, PusKASSESSMENT AND PRODUCT SAFETY....Errellnut In Biomedical Strategies at: 1425 4th Streel, SW Suite A211 Washington DC 20024 Voice 202 371 0603 Facsimile 202 484 0616 Email ctraps@radix.net ESTROGENiCITY OF WILLAMETTE RIVER WATER, Summary Report, 15 January 1999 Page 5 of 6 Perforrnance/Records: Jason Matthews, a pre doctoral student under the supervision of Tim Zacharewski, analyzed the samples. The work was conducted in the Department of Biochemistry and the National Food Safety and Toxicology Center at Michigan State University. The data, calculations and reports will be stored in the office of Dr. Tim Zacharewski (Assistant Professor, Department of Biochemistry and the National Food Safety and Toxicology Center, 419 Biochemistry Building, Michigan State University, East Lansing, MI 48824-1319) for a period of at least three years. Results: E2 induced a dose-4ependent increase in reporter gene activity at dilutions ranging from 10-11 to 10-8 with a maximum induction ranging 50-fold following incubation with 10 nM E2 (-28 ng/ml). No significant induction in reporter gene activity was observed following treatment of transfected MCF-7 cells for 24 h with 10-, SO- and 100-fold dilutions of the provided water samples. Cotreatment of the water samples with 10 nM E2 had no effect compared to E2 alone. No induction was observed with the vehicle, DMSO. Conclusions: The Willamette River samples did not exhibit ER-mediated agonist or antagonist activity in the Gal4- HEGO/17m5-G-Luc recombinant receptor/reporter gene in vitro assay. While a different assay method might detect an estrogen or antiestrogen that is active, for example, in some nonhuman species, the binding properties of ERs from different species overlap extensively. So, a different assay is not likely to detect an activity missed by our methods. While a new substance with potential endocrine disrupting activity might contaminate the water supply in the future, present indications are that none exist. While samples taken at different locations or during a different season might have estrogenic or antiestrogenic not present in the samples analyzed, the river water is well-mixed, and the assayed water samples are representative of the water supply intended for human consumption. The detection limit of the assay system was very low. In addition to a hundred fold concentration of the substances in the water samples, the methods employ allow detection of less than nanomolar concentrations of E2, the primary, naturally occurring estrogen. So, the detection limit is less than 0.02 ng/ml in a water sample. Assuming that a person drinks two liters a day of this water, the dose ingested would be less than one-millionth of the amount necessary to achieve human effects. A reasonable conclusion consistent with our data and the experimental conditions is that disruption of estrogenic systems is not of concern for humans consuming water-from the Willamette River. Literature Cited. 1. Byrd, D.M., Benson, W.H., Solomon, K.A., Thomas, J.A. and Waddell, W.J., An overview of endocrine modulators. Intemational Journal of Toxicology 17:105-1110 (1997). 2. Colbom, T., vom Saal, F.S., and Soto, A.M., Developmental effects of endocrine-disrupting chemicals in wildlife and humans. Environ. Health Perspect. 101: 378-384 (1993). 3. Safe, S.H., Environmental and dietary estrogens and human health: Is there a problem? Environ. Health Perspect. 103: 346-351, 1995. 4. Stone, R., Environmental estrogens stir debate. Science 265: 308-310 (1994). 5. Zacharewski, T., In vitro assays used to assess estrogenic substances. Environ. Sci. Tech. 31: 613-623 (1997). 6. Evans, R., The steroid and thyroid hormone receptor superfamily. Science 240.- 889-895 (1988). CONSULTANTS iN TOX/COLOGy, R/SKASSEssmENT AND PRODUCT SAFFTY....Enallcnce in Biomedical Strategics at: 1425 4th Street, SW Suite A211 Washington DC 20024 Volce 202 3710603 Facsimfle 202 484 0616 Email ctrepsgradix.net :s ESTROGENICITY OF WILLAMETTE RIVER WATER, Summary Report, 15 January 1999 Page 6 of 6 ° 7. Reel, J.R., Lamb, J.C., and Neal, B.H., Survey and assessment of mammalian estrogen biological assays for hazard characterization. Fund. Appl. Toxicol. 34: 288-305 (1996). 8. Bromwich, P., Cohen, J., Stewart, I., and Walker, A., Decline in sperm counts: an artefact of changed reference range of "normal". British Med. J. 309: 19-22 (1994). 10. Balaguer, P., Joyeux, A., Denison, M., Vincent, R., Gillesby, B., and Zacharewski, T., Assessing the estrogenic and dioxin-like activities of chemicals and complex mixtures using in vitro recombinant receptor/reporter gene assays. Can. J. Physiol. Phannacol. 74. 216-222 (1996). 9. Balaguer, P., Gillesby, B. E., Wu, Z. F., Meek, M. D., Annick, J., and Zacharewski, T., Assessment of chemicals alleged to possess estrogen receptor-mediated activities using in vitro recombinant receptor/reporter gene assays. Toxicol. Appl. Phatm. 30, Suppl. 2: 143 (1996). 11. Clemons, J.H., Marvin, C.R., Wu, Z.F., McCarry, B.E., Allan, L., Bryant, D.W., and Zacharewski, T.R., Identification of estrogen- and dioxin-like activities in urban air particulate matter using recombinant receptor/reporter gene bioassays. (In) 17th Annual Meeting of the Society of Environmental Toxicology and Chemistry, Washington, DC, p. 211, #490 (1996). 12. Connor, K., Howell, J., Chen, I., Liu, H., Berhane, K., Sciarretta, C., Safe, S., and Zacharewski, T., Failure of chloro-S-triazine-derived compounds to induce estrogen receptor-mediated responses in vivo and in vitro. Fund. Appl. Toxicol. 30: 93-101 (1995). 13. Connor, K., Ramamoorthy, K., Moore, M., Mustain, M., Chen, I., Safe, S., Zacharewski, T., Gillesby, B., Joyeux, A., and Balaguer, P., Hydroxylated polychlorinated biphenyls (PCBs) as estrogens and antiestrogens: structure-activity relationships. Toxicol. Appi. Pharr. 142.-160-168 (1997). 14. Zacharewski, T., Meek, M.D., Clemons, J., Wu, Z.F., Fielden, M.F., and Matthews, J.B., Assessment of the alleged estrogen-receptor mediated activity of eight commercial phthalate esters. Tox. Sci. (In press). 15. Moore, M., Mustain, M., Daniel, K., Chen, I., Safe, S., Zacharewski, T., Gillesby, B., Joyeux, A., and Balaguer, P., Antiestrogenic activity of hydroxylated polychlorinated biphenyl congeners identified in human serum. Toxicol. Appl. Pharmacol. 142:160-168 (1997). 16. Ruh, M. F., Zacharewski, T., Connor, K., Howell, J., Chen, I., and Safe, S., Naringenin: a weak estrogenic bioflavonoid that exhibits antiestrogenic activity. Biochem. Pharmacol. 50: 1485-1493 (1995). 17. Zacharewski, T., Berhane, K., Gillesby, B., and Bumison, K., Detection of estrogen- and dioxin-like activity in pulp and paper mill black liquor effluent using in vitro recombinant receptor/reporter gene assays. Environ. Sci. Tech. 29:2140-2146 (1995). 18. Kumar, V., Green, S., Stack, G., Berry, M., Jin, J.R., and Chambon, P., Functional domains of the human estrogen receptor. Cell. 51: 941-951 (1987). 19. Sambrook, J., Fristch, E.F., and Maniatis, T., Molecular Cloning. A Laboratory Manual. New York: Cold Spring Harbor Laboratory Press (1989). 20. Berry, M., Metzger, D., and Chambon, P., Role of the two activating domains of the oestrogen receptor in the cell-type and promoter-context dependent agonist activity of the anti-oestrogen 4-hydroxytamoxifen. EMBO J. 9: 2811-2818 (1990). 21. Brasier, A. R., Tate, J. E., and Habener, J. F., Optimized use of the firefly luciferase assay as a reporter gene in mammalian cell lines. Biotechniques. 7: 1116-1122 (1989). CONSULTANT'S JN TOXICOLOGy, RISKASSESSMENT AND PRODUCT SAFETY ....Exrellema in Biomedical Strategies at: 1425 4th Stteet, SW Suite A211 Washington DC 20024 Voke 202 3710603 Facslmile 202 484 0816 Emag otmpsQrad)x.net r. Daniel M. Byrd 111, Ph.D., D.A.B. T. James D. Mlson, Ph.D. Karen L. Engdahl, B.F.A., IFMA Robin Sadja, M.B.A Hari V. Rao, Ph.D. Bertram D. Litt, M.A. Arthur Hammond-Tooke, MA. Harry A. Mllman, Ph.D. TECHNICAL SUPPLEMENT in support of: A SUMMARY REPORT ABOUT ESTROGENICITY OF WILLAMETTE RIVER WATER Prepared for: Willamette Water Supply Agency (WWSA) and Montgomery Watson Portland, OR Prepared by: Daniel M. Byrd III, Ph.D., D.A.B.T. Consultants in Toxicology, Risk Assessment and Product Safety (CTRAPS) Washington, DC a and Tim Zacharewski, Ph.D. Department of Biochemistry Michigan State University East Lansing, MI CONSULTANTS IN TOXICOLOGY, RISK,MENTAND PRODUCT SAFETY....E=11mor in Biomedical Strategies at: 1425 4th Street, SW Suite A211 Washington DC 20024 Voice 202 3710603 Facsimile 202 484 0616 Email ctraps@mdiz.net Abstract Several Willamette River samples were examined for estrogen receptor (ER)-mediated activity using an in vitro recombinant receptor reporter gene assay. This assay involves transiently transfecting MCF-7 human breast cancer cells with the chimeric human ER, Gal4- HEGO, which consists of the yeast Ga14 DNA binding domain linked to the ligand binding domain of the human ER, and a Ga14 response element (17mer)-regulated reporter gene, 17m5-G-Luc, which contains five tandem 17mer response elements upstream of the rabbit R- globin promoter linked to the firefly luciferase reporter gene. Dose-dependent induction of the reporter gene, 17m5-G-Luc, was observed with the positive control, 17p-estradiol (E2) with induction of greater than 30-fold following incubation of transfected MCF-7 cells with 10 nM E2 for 24 h. No induction of reporter gene activity was observed with the 10, 50 or 100 fold dilutions of the lyophilized water samples resuspended in DMSO using the same assay conditions. Cotreatement of the Willamette River samples with 10 nM E2 had no effect compared to E2 alone. These results indicate that the Willamette River samples do not elicit ER-mediated agonist or antagonist activity using the Gal4-HEGO/17m5-G-Luc recombinant receptor /reporter gene assay. Background Recently, xenobiotics capable of eliciting activities mediated by the estrogen receptor (ER) have been implicated as contributing factors in the development of hormone-dependent cancers as well as compromising the reproductive fitness of humans and wildlife (1-5). These chemicals, commonly referred to as environmental estrogens, xenoestrogens or exoestrogens, encompass a wide range of compounds including natural products, environmental pollutants, pharmaceuticals and industrial chemicals. In addition, several complex mixtures have also been found to elicit ER-mediated activities including urban air particulate matter and effluents from some sewage treatment facilities and selected pulp and paper mills. Many exoestrogens do not share obvious structural similarity to the prototypical estrogen, E2, the endogenous sex steroid (6), thus complicating efforts to identify estrogenic chemicals and assessing the risks associated with exposure to these xenobiotics. Many of the effects elicited by estrogens are believed to be mediated by the ER, a ER*L member of the nuclear receptor superfalnily (7). R The proposed mechanism of action, illustrated hspso ER*L in Fig. 1, is initiated by the binding of an estrogenic compound to the ER causing a hsp9o~ Es conformational change in protein structure and a the dissociation of heat shock protein 90 (hsp90). INDUC D NAs Ligand occupied ERs then undergo homodimerization and the resulting ER homodimer complexes possess high affinity for INDUCED rROTEINS specific DNA sequences referred to as estrogen response elements (EREs), located in the PLEIOTROPIC RESPONSE regulatory region of estrogen-inducible genes. Fig. 1- Proposed mechanism of action of Once bound to the ERE, the ER homodimer estrogen receptors. L = ligand complex recruits proteins known as transcription factors to the target gene promoter. These transcription factors are intermediate 2 signal transducers that interact with the ER homodimer complex and the transcription machinery which leads to increased gene expression and the production of mRNA. The mRNA is then translated into proteins which are the ultimate effectors of the observed responses. These responses include increases in uterine wet weight, vaginal cell cornification, oocyte maturation, maintenance of bone density and tumor development. Numerous target genes induced by estrogens have been identified and include growth factors, growth factor receptors, proteases, transcription factors, egg yolk proteins and several other genes whose protein products have functions that have not been fully elucidated. The induction of several of these genes including growth factors, growth factor receptors and proteases have been associated with contributing to the development of disease and dysfunction as well as playing critical roles during development. Therefore, it has been hypothesized that substances that mimic the activity of endogenous estrogens (i.e. E2) elicit their adverse effects through the modulation of gene expression which may contribute to the etiology of disease, dysfunction and/or predispose an individual to adverse health effects at later stages of life. Results from in vitro studies have demonstrated that exoestrogens can interact with the ER and induce estrogenic responses (6, 8, 9). Although there have been no conclusive reports demonstrating that ER-mediated exoestrogens initiate or contribute to the development of hormone-dependent cancers or compromise reproductive fitness (4, 10), additional in vivo studies that specifically investigate the alleged role of exoestrogens in the development of hormone-dependent cancers or compromise reproductive fitness are required to account for the potential pharmacokinetic and pharmacodynamic interactions that can only be examined in in vivo models (8, 9). (i) Domains of the human estrogen receptor This laboratory has been AB C D E F actively involved in the development and validation of mechanistically- (ii) Ligand binding domain (LBD) of the human based in vitro assays for the estrogen receptor identification and assessment of 185 zso 59s chemicals and complex environmental LBD mixtures that elicit ER-mediated estrogenic responses. A recombinant (iii) DICTA binding domain (DBD) of the yeast receptor/ reporter gene bioassay, transcription factor, Ga14 referred to as the E2 Bioassay (Fig. 2), 1 148 881 has been used to investigate the alleged estrogenic activities of a number of alleged exoestrogens and GO The Ga14-human estrogen receptor chimera, complex mixtures (9, 11-19). The E2 Ga14-HEGO Bioassay uses the Gal4-HEGO 1 148 zso 595 chimeric receptor which consists of the I LBD ligand binding domain of the ER (i.e. (v) The Ga14-;regulated reporter gene, domains D, E and F; amino acids 250 17m5-G-Luc to 595 ) linked to the DNA binding domain of the yeast transcription Glob I?:~IFERASE factor, Ga14 (i.e. amino acids 1 to 148) 5 x 17mer and the Gal4-regulated luciferase reporter gene (i.e. 17m5-G-Luc) that Fig. 2 - Components of the E2 Bioassay consists of the firefly luciferase cDNA 3 regulated by the rabbit (3-globin basal promoter and 5 tandem consensus Ga14 response elements (i.e. 17mer = CGGAGGACTGTCCTCCG) (9). The E2 Bioassay exploits the receptor-mediated mechanism of action of estrogenic substances. Following treatment of transfected cells, the estrogenic substance binds to the ER ligand binding domain of the chimeric receptor and transforms the Gal4-HEGO construct into an activated, high affinity DNA binding homodimer receptor complex. The Ga14 DNA binding domain then directs the activated chimeric receptor complex to the 17m5-G-Luc reporter gene where it binds to the Ga14 response elements (17mers). Binding of the activated complex to the 17mer response elements initiates expression of the firefly luciferase cDNA which, in turn, results in the induction of luciferase activity. Consequently, determination of luciferase activity in the E2 Bioassay is a measure of the in vitro estrogenic activity of a substance. It is important to note that the ER ligand binding domain within the Ga14-HEGO chimeric receptor does not exhibit different binding affinities and/or ligand specificities when compared to the native ER based on observations that receptors are comprised of domains that can function independently from one another (7, 20). In transiently transfected MCF-7 human-breast cancer cells,1 nM E2 has been reported to induce luciferase activity 60- to 90-fold with an EC50 of 20 pM (19). Furthermore, since no mammalian proteins are known to bind and initiate gene expression via a 17mer response element, increases in 17m5- G-Luc reporter gene activity can occur only via Gal4-HEGO, thus ensuring that induction is mediated exclusively by the chimeric receptor. Therefore, when compared to other in vitro estrogenic assays, the E2 Bioassay has comparable sensitivity, greater responsiveness and improved selectivity since induction can only occur via the Gal4-HEGO chimeric receptor. , , , i 4 OW CTRAPS Technical Supplement, January 26, 1999, Page 5 Materials and Methods Sample Handling - The test samples were obtained by and received from Ms. Lisa Obermeyer of Montgomery Watson, working on behalf of the Willamatte Water Supply Authority. The Willamette River samples were received as 50-60 ml water samples in glass sample jars and stored at 40 C. Each sample was decanted into two 2 ounze wide mouth glass sample jars and placed at -200C for 48 hrs. The samples were lyophilized and resuspended in a total volume of 5 ml of distilled water. They were transferred to 20 ml glass scintillation vials and stored at - 200C overnight. The samples were lyophilized a second time and resuspended in a total volume of 0.5 ml of DMSO. Cell Culture - MCF-7 cells are ER-positive, estrogen responsive human breast cancer cells, which were provided by Dr. L. Murphy (University of Manitoba, Manitoba, Canada). MCF-7 cells were grown in phenol red-free DMEM supplemented with 10 % FBS and 24 mM sodium bicarbonate, 1 nM glucose, 20 mM 4-(2-hydroxyethyl)-1-piperazineethanesulfonic acid (HEPES), lx nonessential amino acids, lx vitamin supplement solution , 10 mM sodium pyruvate, 2 mg/ml lipoic acid, 1.38 mg/ml vitamin B 12, 0.5 mM zinc sulfate, 2 mM glutamine, 50 g/ml gentamycin, 100 IU penicillin, 100 ttg/ml streptomycin, and 2.5 µg/ml amphotercin B. The cells were grown at 370C in a 4% C02 humidified environment. Transfections and Reporter Gene Assays - Transient transfections and gene transcription assays were performed essentially as previously described (11, 14, 17, 19). Briefly, MCF-7 cells were seeded at approximately 50% confluency in 6-well tissue culture plates in medium supplemented with 6% dextran-coated charcoal-treated fetal bovine serum (DCC-FBS) and allowed to attach for 6 h. Cells were then transiently transfected by the calcium phosphate co-precipitation method (21) with 1.5 µg of 17m5-G-Luc (provided by Dr. P Chambon, IGBMC, Illkirch, France), 0.2,ug of Gal4-HEGO (22), along with 0.12 Ag of pCMV-lacZ (b-Galactosidase expression vector, provided by Dr. G. DiMattia, London Regional Cancer Centre, London, Ontario, Canada). Cells were washed 16 h later with sterile phosphate buffered saline (PBS) and fresh medium was added to each well. Tansfected MCI-7 cells were exposed to the following final concentrations: (i) serial dilutions of the river samples, (ii) 1 pM to 10 nM of E2 or (iii) DMS0 (solvent) alone, which served as the solvent control. Final concentrations were obtained by adding 2 µl of sample to 2 ml of medium. Following incubation with test compound for 24 h, cells were harvested and assayed for luciferase activity according to the method described by Brasier et al. (23). The reference plasmid, pCMV-lacZ was co-transfected as an internal control to correct for differences in ;ransfection efficiencies and sample extractions. b-Galactosidase activity was measured according to standard protocols (21). Transiently transfected MCF-7 cells were treated in duplicate and two samples were taken from each replicate. Therefore, the means and standard deviations were calculated from four measurements. Each experiment was repeated twice. Values were reported as a percentage relative to the maximum induction observed with 10 nM E2. CTRAPS Technical Supplement, January 26, 1999, Page 6 Performance/Records - Analysis of the samples was conducted by Jason Matthews, a pre doctoral student under the supervision of Dr. Tim Zacharewski, Assistant Professor, Department of Biochemistry and the National Food Safety and Toxicology Center at Michigan State University. The assays were performed in Dr. Zacharewski's laboratory in the Department of Biochemistry, Room 419, Biochemistry Building, Michigan State University, East Lansing, MI 48824-1319). All studies were conducted under Good Laboratory Practices, as implemented in academic settings. Dr. Zacharewski will retain raw data, calculations, and reports in his office for a period of at least three (3) years. Results Tables 1 and 2 and Figs. 3 and 4 summarize the agonist and antagonist data obtained from experiments investigating the in vitro ER-mediated activity exhibited by E2 (positive control) and the Willamette River samples using the recombinant receptor/reporter gene assay. E2 induced a dose-dependent increase in reporter gene activity at dilutions ranging from 10-11 to 10-8 with a maximum induction of ranging 50-fold following incubation with 10 nM E2 (-28 ng/ml). No significant induction in reporter gene activity was observed following treatment of transfected MCF-7 cells for 24 h with 10-, 50- and 100-fold dilutions of the provided water samples. Cotreatment of the water samples with 10 nM E2 had no effect compared to E2 alone. No induction was observed with the vehicle, DMSO (negative control) (data not shown). Induction was calculated by assigning a value of 1 to the activity measured following incubation of transfected cells with DMSO for 24 h. All values were subsequently converted to a percentage. All percentages were based on the maximum induction of 50-fold observed following treatment with 10 nM E2 which was designated to be 100% induction. The Willamette River samples do not exhibit ER- mediated agonist or antagonist activity in the Ga14-HEGO/17m5-G-Luc recombinant receptor/reporter gene in vitro assay. Literature Cited 1. Colborn, T., vom Saal, F. S., and Soto, A. M. Developmental effects of endocrine- disrupting chemicals in wildlife and humans, Environ. Health Perspect. 101: 378-384, 1993. 2. Davis, D. L., Bradlow, H. L., Wolff, M., Woodruff, T., Hoel, D. G., and Anton-Culver, H. Medical hypothesis: xenoestrogens as preventable causes of breast cancer, Environ. Health Perspect. 101: 372- 377, 1993. 3. Hileman, B. Environmental estrogens linked to reproductive abnormalities, cancer, Chem. Eng. News. Jan. 31: 19-23, 1994. 4. Safe, S. H. Environmental and dietary estrogens and human health: is there a problem?, Environ. Health Perspect. 103: 346-351, 1995. CTRAPS 'T'echnical Supplement, January 26, 1999, Page 7 5. Stone, R. Environmental estrogens stir debate, Science. 265: 308-310, 1994. 6. Katzenellenbogen, J. A. The structural pervasiveness of estrogenic action, Environ. Health Perspect. 103(Suppl. 7): 99-101, 1995. 7. Evans, R. The steroid and thyroid hormone receptor superfamily, Science. 240: 889- 895, 1988. 8. Reel, J. R., Lamb, J. C., and Neal, B. H. Survey and assessment of mammalian estrogen biological assays for hazard characterization, Fund. Appl. Toxicol. 34: 288-305, 1996. 9. Zacharewski, T. In vitro assays used to assess estrogenic substances, Environ. Sci. Tech. 31: 613- 623,1997. 10. Bromwich, P., Cohen, J., Stewart, I., and Walker, A. Decline in sperm counts: an artefact of changed reference range of "normal", British Med. J. 309: 19-22, 1994. 11. Balaguer, P., Joyeux, A., Denison, M., Vincent, R., Gillesby, B., and Zacharewski, T. Assessing the estrogenic and dioxin-like activities of chemicals and complex mixtures using in vitro recombinant receptor/reporter gene assays, Can. J. Physiol. Pharmacol. 74: 216-222, 1996. 12. Balaguer, P., Gillesby, B. E., Wu, Z. F., Meek, M. D., Annick, J., and Zacharewski, T. Assessment of chemicals alleged to possess estrogen receptor-mediated activities using in vitro recombinant receptor/reporter gene assays, Toxicol. Appl. Pharm. 30, Suppl. 2: 143, 1996. 13. Clemons, J. H., Marvin, C. R., Wu, Z. F., McCarty, B. E., Allan, L., Bryant, D. W., and Zacharewski, T. R. Identification of estrogen- and dioxin-like activities in urban air particulate matter using recombinant receptor/reporter gene bioassays. In: 17th Annual Meeting of the Society of Environmental Toxicology and Chemistry, Washington, DC, 1996, pp. 211(490). 14. Connor, K., Howell, J., Chen, I., Liu, H., Berhane, K., Sciarretta, C., Safe, S., and Zacharewski, T. Failure of chloro-S-triazine-derived compounds to induce estrogen receptor-mediated responses in vivo and in vitro, Fund. Appl. Toxicol. 30: 93-101, 1995. 15. Connor, K., Ramamoorthy, K., Moore, M., Mustain, M., Chen, I., Safe, S., Zacharewski, T., Gillesby, B., joyeux, A., and Balaguer, P. Hydroxylated polychlorinated biphenyls (PCBs) as estrogens and antiestrogens: structure-activity relationships, Toxicol. Appl. Pharm. 142, 160-168, 1997. 16. Zacharewski, T, Meek, M. D., Clemons, J., Wu, Z. F., Fielden, M.F. and Matthews, J.B. Assessment of the alleged estrogen-receptor mediated activity of eight commercial phthalate esters. Tox. Sci, in press. CTRAPS Technical Supplement, January 26, 1999, Page 8 17. Moore, M., Mustain, M., Daniel, K., Chen, I., Safe, S., Zacharewski, T., Gillesby, B., Joyeux, A., and Balaguei; P. Antiestrogenic activity of hydroxylated polychlorinated biphenyl congeners identified in human serum, Toxicol. Appl. Pharmacol. 142: 160- 168, 1997. 18. Ruh, M. F., Zacharewski, T., Connor, K., Howell, J., Chen, I., and Safe, S. Naringenin: a weak estrogenic bioflavonoid that exhibits antiestrogenic activity, Biochem. Pharmacol. 50: 1485-1493, 1995. 19. Zacharewski, T., Berhane, K., GiIIesby, B., and Burnison, K. Detection of estrogen- and dioxin- like activity in pulp and paper mill black liquor effluent using in vitro recombinant receptor/reporter gene assays, Environ. Sci. Tech. 29: 2140-2146, 1995. 20. Kumar, V., Green, S., Stack, G., Berry, M., Jin, J. R., and Chambon, P. Functional domains of the human estrogen receptor, Cell. 51: 941-951, 1987. 21. Sambrook, J., Fristch, E. F., and Maniatis, T. Molecular Cloning. A Laboratory Manual. New York: Cold Spring Harbor Laboratory Press, 1989. 22. Berry, M., Metzger, D., and Chambon, P. Role of the two activating domains of the oestrogen receptor in the cell-type and promoter-context dependent agonist activity of the anti-oestrogen 4- hydroxytamoxifen, EMBO J. 9: 2811-2818,1990. 23. Brasier, A. R., Tate, J. E., and Habener, J. F. Optimized use of the firefly luciferase assay as a reporter gene in mammalian cell lines, Biotechniques. 7: 1116-1122, 1989. i { i { { f CTRAPS Technical Supplement, January 26, 1999, Page 9 Table 1: Induction of reporter gene activity by DMSO (negative control), E2 (positive control) and Willamette River Samples*. Treatment Dose/Dilution Fold Induction Induction) Expt I Expt 2 DMSO 2 gl in 2 ml 1(3) 1(3) E2 0.001 nM nd l =L 0.1 (3) 0.01 nM 15 t 1 (43) 3.5 t 0.7 (11) 0.1 nM nd 16 f 1 (50) 1.0 nM nd 32 f 2 (102) 10 nM 34 f 3(100) 31 f 2 (100) Willamette Water Sample C 1Oox 1.6 f 0.3(5) 1.1 f 0.1(6) Sample C 50x 1.8 f 0.2(5) 1.1 f 0.1(3) Sample C lox 2.00 f 0.4(5) 2.4 f 3(5) Sample D 100x 0.42 0.2(2) 1.2 0.5(3) Sample D 50x 0.42 f 0.4(2) 1.2 f 0.1(3) Sample D lox 1.1 f 1.0(1) 2.4 f 0.2(7) Sample E, 100x 1.6± 0.3(2) 1.1 f 3(4) Sample E, 50x 0.51 f0.2(i) 1.1 f 3(3) Sample E, lox 0.58 ± 0.2(1) 1.2 ± 3(4) Sample E2 100x 0.96 ± 0.1(3) 0.95-+ 0.1(3) Sample EZ 50x 0.84 f 0.3(2) 0.97:L- 0.2(3) Sample EZ I0x 0.73 f 0.4(2) 1.1 f 1.0(5) Sample F Ioox 0.88 f 0.2(3) 1.1 f 0.1(3) Sample F 50x 0.71 f 0.2(2) 1.0 f 0.1(3) Sample F lox 0.83 f 0.2(2) 1.2 f 0.04(4) CTRAPS Technical Supplement, January 26, 1999, Page 10 Table 2 Antagonist Studies of reporter gene activity by DMSO (negative control) E2 (positive control) and Willamette River Samples in the presence of 10 nM E2*. Treatment Dose/Dilution Fold Induction Induction) Expt 1 Expt 2 Expt 3 DMSO 2 µl in 2 ml 1 (1) 1(3) 1(4) E2 0.001 nM 1.6 t 0.3 (2) 1.4+0.3(l) 1.1 t 0.05 (5) 0.01 rim 6.5-+1.2(9) 6.8-+ 0.9(7) 2.9-+0.5(12) 0.1 nM 30:t: 1.9 (39) 32 t 5.7 (35) 8.0:L 1.8 (34) 1.0 nM 62 10 (81) 82:E 17 (90) 19 t 1.9 (80) 10 nM 77 t 4.4 (100) 91+13(100) 24 t 4.9 (100) Willamette Water Sample C + 10 nM E2 100x. 60 t 6.3 (78) 94 f 8.6 (102) 23 t 5.5 (96) Sample C + 10 nM E2 50x 56 f 5.4 (73) 86:h 7.8 (94) 22 t 5.0 (94) Sample C + 10 nM E2 lox 68:L 15 (89) 87 10 (95) 23:1- 3.8 (95) Sample D + 10 nM E2 l ON 54 6.5 (65) 74+ 9.1 (88) 21 t 2.4 (83) Sample D + 10 nM E2 50x 47 6.5 (61) 93 t 8.8 (97) 19 f 4.4 (79) Sample D + 10 nM E2 lox 51 7.2 (66) 109 17 (120) 20 t 1.0 (81) Sample E, + 10 nM E2 100x. 53 t 4.9 (69) 99:f= 15 (108) 20 t 2.6 (84) Sample E, + 10 nM E2 50x. 63 f 5.4 (82) 86± 13 (95) 25 f 2.3 (106) Sample E, + 10 nM E2 lox .62± 4.5 (80) 81 t 9.8 (12) 25 t 2.1 (103) Sample EZ + 10 nM E2 100x. 58± 5.2 (76) 104 t 9.4 (114) 27 t 3.7 (117) Sample Ez + 10 nM E2 50x 65 3.4 (85) 92 t 9.9 (101) 21 t 1.5 (90) Sample EZ + 10 nM E2 lox 63 f 10 (82) 101t 13 (111) 27 t 2.7 (114) Sample F + 10 nM E2 l0ox 40+13(52) 95 t 6.9 (104) 23 t 1.6 (94) Sample F + 10 nM E2 50x. 50 5.9 (64) 79 7.1 (86) 21 f 1.4 (87) Sample F + 10 nM E2 lox 49 6.4 (64) 95 t 11 (105) 25 1.8 (106) } CTRAPS Technical Supplement, January 26, 1999, Page 11 *Raw data for tables Treatment Expt 1 1 2 3 4 b gal 1 b gal 2 DMSO 0.072 0.091 0.065 0.072 0.478 0.49 E2 0.01 nM 0.998 1.017 0.925 0.976 0.423 0.422 E2 10 nM 2.234 2.591 2.116 2.163 0.422 0.402 Sample C 100x 0.136 0.155 0.093 0.149 0.53 0.506 Sample C 50x 0.143 0.159 0.14 0.162 0.553 0.554 Sample C I Ox 0.121 0.156 0.177 0.011 0.437 0.553 Sample D 100x 0.017 0.045 0.029 0.016 0.395 0.413 Sample D 50x 0.026 0.019 0.027 0.031 0.382 0.394 Sample D I Ox 0.018 0.025 0.04 0.124 0.299 0.369 Sample E, 100x 0 0.004 0.003 0.046 0.051 0.045 Sample E, 50x 0.028 0.056 0.029 0.028 0.426 0.428 Sample E, 1 Ox 0.026 0.04 0.026 0.05 0.383 0.45 Sample E2 100x_ 0.06 0.057 0.066 0.054 0.392 0.397 Sample E2 50x 0.036 0.03 0.053 0.065 0.347 0.369 Sample EZ 10x 0.04 0.063 0.037 0.011 0.325 0.387 Sample F 100x 0.027 0.05 0.043 0.072 0.345 0.39 Sample F 50x 0.036 0.069 0.051 0.04 0.438 0.376 Sample F lOx 0.033 0.042 0.041 0.054 0.324 0.368 Treatment Expt. 2 1 2 3 4 b gal 1 b gal 2 DMSO 3.863 4.227 2.919 3.086 .699 0.649 E2 0.001 nM 4.37 4.807 4.138 4.376 0.845 0.776 E2 0.01 nM 9.762 10.55 13.61 14.82 0.695 0.67 E2 0.1 nM 31.22 35.3 32.84 35.09 0.473 0.486 E21.0 nM 71.81 78.61 73 81.86 0.517 0.546 E2 10' nM 70.08 73.91 69.7 77.47 0.507 0.513 Sample C 100x 4.225 4.613 4.012 4.781 0.81 0.773 Sample C 50x 4.504 5.108 4.198 4.621 0.813 0.768 Sample C IOx 4.76 4.532 5.202 7.383 0.596 0.711 Sample D 50x 4.431 5.026 3.503 3.861 0.786 0.619 Sample D 50x 3.901 4.715 3.851 4.507 0.728 0.694 Sample D 50x 7.246 7.303 7.349 8.47 0.638 0.715 Sample E, 100x 3.542 3.918 3.342 3.665 0.656 0.659 Sample E, 50x 3.352 3.692 2.562 3.046 0.61 0.63 CTRAPS Technical Supplement, January 26, 1999, Page 12 Sample El IOx 2.716 3.256 3.594 3.387 0.557 0.639 Sample E2 100x 3.023 3.349 3.024 3.392 0.671 0.56 Sample E2 50x 3.253 3.648 2.338 2.721 0.622 0.544 Sample E2 IOx 3.866 4.002 4.353 4.529 0.517 0.557 Sample F 100x 2.196 2.45 2.496 2.979 0.494 0.501 Sample F 50x 2.224 2.489 2.375 2.56 0.517 0.496 Sample F I Ox 2.43 2.575 2.443 2.565 0.453 0.433 Treatment Cotreatment Expt. 1 1 2 3 4 b gal b gal DMSO 0.115 0.129 0.061 0.114 0.585 0.554 E2 0.001 nM 0.121 0.181 0.133 0.151 0.556 0.569 E2 0.01 nM 0.631 0.629 0.438 0.525 0.591 0.523 E2 0.1 nM 1.499 1.746 1.659 1.672 0.423 0.498 E2 1.0 nM 3.68 4.45 3.07 3.38 0.445 0.466 E2 10 nM 4.236 4.478 4.534 4.866 0.45 0.503 Sample C 100x + E2 10 nM 3.806 4.405 4.548 4.918 0.544 0.525 Sample C 50x+ E2 10 nM 3.53 3.818 3.989 4.428 0.52 0.546 Sample C 10x+ E2 10 nM 3.159 3.452 4.775 4.919 0.456 0.575 Sample D 100x+ E2 10 nM 2.439 2.919 2.968 3.283 0.415 0.44 Sample D 50x+ E2 10 nM 2.456 2.983 2.324 2.603 0.442 0.399 Sample D 1 Ox+ E2 10 nM 2.777 3.39 2.782 3.279 0.46 0.444 Sample E, 100x+ E2 10 nM 3.162 3.538 3.009 3.661 0.476 0.403 Sample E, 50x+ E2 10 nM 3.208 3.302 2.713 3.172 0.387 0.409 Sample E, 10x+ E2 10 nM 3.304 3.671 3.649 3.956 0.45 0.453 Sample E,100x+ E2 10 nM 4.434 4.309 3.852 4.792 0.549 0.461 Sample El 50x+ E2 10 nM 3.685 3.664 3.368 3.806 0.427 0.464 Sample E, 10x+ E2 10 nM 3.21 3.913 3.914 4.735 0.473 0.47 Sample F100x+ E2 10 nM 1.791 3.66 3.473 4.177 0.601 0.552 Sample F 50x+ E2 10 nM 3.41 4.088 3.759 4.509 0.583 0.555 Sample F 10x+ E2 10 nM 3.648 4.148 3.893 4.885 0.61 0.624 Treatment Cotreatment Expt. 2 1 2 3 4 b gal b gal DMSO 13.98 14.39 14.44 17.46 0.81 0.9 E2 0.001 nM 17.09 18.76 22.09 26.24 0.833 0.89 E2 0.01 nM 99.71 106.8 107.1 131.6 0.879 0.815 E2 0.1 nM 296.7 339.6 380.3 450.6 0.649 0.756 C T RAPS Technical Supplement, January 26, 1999, Page 13 E2 1.0 nM _ 709.2 970.4 1073 1211 0.673 0.729 E2 10 nM 1200 1382 1092 999.6 0.709 0.691 Sample C 100x + E2 10 nM 1133 1265 1341 1407 0.753 0.741 Sample C 50x+ E2 10 nM 1024 1278 1143 1194 0.744 0.707 Sample C 10x+ E2 10 nM 956.3 1217 1122 1267 0.726 0.735 Sample D 100x+ E2 10 nM 1383 1443 1078 1305 0.937 0.812 Sample D 50x+ E2 10 nM 1193 1422 1352 1499 0.801 0.786 Sample D 10x+ E2 10 nM 1199 1509 1456 1643 0.732 0.745 Sample E, 100x+ E2 10 nM 970.6 1105 1171 1378 0.655 0.786 Sample E, 50x+ E2 10 nM 1028 1309 966.7 1263 0.729 0.686 Sample E, 10x+ E2 10 nM 1027 1314 1139 1328 0.806 0.793 Sample E,100x+ E2 10 nM 1123 1373 1172 1278 0.664 0.69 Sample E, 50x+ E2 10 nM 1135 1340 1142 1397 0.749 0.753 Sample E, 10x+ E2 10 nM 1177 1547 1550 15910.787 0.804 Sample F100x+ E2 10 nM 1219 1349 1196 1385 0.742 0.743 Sample F 50x+ E2 10 nM 982.9 1127 1135 1228 0.773 0.713 Sample F 10x+ E2 10 nM 1008 1245 1134 1317 0.687 0.77 Treatment Cotreatment Expt. 3 1 2 3 4 b gal b gal DMSO 14.39 15.11 13.22 17.31 0.527 0.635 E2 0.001 nM 24.81 26.97 24.48 26.01 0.791 0.705 E2 0.01 nM 49.43 61.13 64.08 72.46 0.718 0.668 E2 0.1 nM 100.9 101.9 134.7 157.9 0.544 0.617 E2 1.0 nM 269.2 307.1 313 345.8 0.568 0.574 E2 10 nM 291.2 390.9 441.5 485.3 0.589 0.592 Sample C 100x + E2 10 nM 272.8 274.9 343.8 442.1 0.516 0.524 Sample C 50x+ E2 10 nM 255.1 339.8 379.1 445.7 0.558 0.533 Sample C 10x+ E2 10 nM 337.8 378.1 362.7 486.2 0.604 0.605 Sample D 100x+ E2 10 nM 268.7 222.1 272.5 291.2 0.45 0.5 Sample D 50x+ E2 10 nM 227.5 318.6 278.4 229.9 0.515 0.504 Sample D 10x+ E2 10 nM 280.5 262.2 271.2 258.6 0.496 0.525 Sample E, 100x+ E2 10 nM 264.3 296.3 329.4 359.9 0.551 0.563 Sample E, 50x+ E2 10 nM 313.9 379.7 369.1 387.6 0.51 0.589 Sample E, 10x+ E2 10 nM 341.1 385.9 394.1 422.1 0.553 0.587 Sample E,100x+ E2 10 nM 366.2 387.3 433.4 490.7 0.534 0.667 Sample E, 50x+ E2 10 nM 454.9 478.9 405.5 453.7 0.716 0.599 Sample E, 10x+ E2 10 nN4 557.9 572.2 459.5 503.7 0.665 0.574 .e J CTRAPS Technical Supplement, January 26, 1999, Page 14 Sample F 100x+ E2 10 nM 410.6 425 395.5 466 0.653 0.696 Sample F 50x+ E2 10 nM 460.3 466.1 399.4 456.9 0.729 0.636 Sample F 10x+ E2 10 nivl 516.3 554.9 467.7 512.6 0.693 0.664 , 120 Water Samples E2 W 100- v C I D E1 1 E2 F so a~ o p 60 a '.a^+ 40 a~ 20 ° c 2 1110 s e oy ~.CP oh oo~ o~ 0& CP -Log Concentration Dilution Fig. 3 Effect of E2 and the Willamette River Samples on Gal4-HEGO-mediated induction of the 17m5-G-Luc reporter gene. The illustrated results are from a representative experiment. Water Samples rq C I D E1 EZ F W u 120 ® 100- 03 80 42 , Q 60 o w .'40 20- 0 C , lb 0<3 0<3 00 Water Sample , + 10 nM E2 Co-Treatment Fig. 4 Effect of E2 and Willamette River Samples co-treatment on Gal4-I-EGO-mediated induction of -the 17m5-G-Luc reporter gene activity. The illustrated results are from a representative experiment. ` V AGENDA ITEM # FOR AGENDA OF 0 2- 0 9- 9 9 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE U date on trans ortation system plan PREPARED BY: Laurie Nicholson DEPT HEAD OK CITY MGR OK ISSUE BEFORE THE COUNCIL The council needs to give staff approval to proceed with the proposed public involvement process for the Transportation System Plan (TSP).and to provide input on key transportation issues. The proposed public involvement program is outlined in the Power Point presentation from DKS. The public involvement program is critical to the completion of the TSP. The TSP must be completed before the City can develop a list of transportation improvements. STAFF RECOMMENDATION s Provide approval to proceed with the proposed public involvement process for the TSP. o Provide input on key transportation issues, including the citywide circulation issues and creation of a new neighborhood street classification. INFORMATION SUMMARY The City is required by state law to develop a transportation system plan. In addition, any proposed public improvement projects must be included in the City's comprehensive plan before the public improvement project could be included in the capital improvement project program. DKS is prepared to run the traffic demand computer model to evaluate future transportation needs. Before future work can be completed on the TSP, City Council needs to provide approval for the proposed public involvement strategy and provide input regarding key policy choices regarding the City's transportation system. Attached is the memo from DKS, outlining the policy choices that the Council needs to make, before DKS can proceed with their work. OTHER ALTERNATIVES CONSIDERED Not applicable a a VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY Applies to Transportation & Traffic sections of visioning and specifically to the following strategies: a 1. Develop a program to implement the Comprehensive Plan a 2. Look for additional points of connectivity 3. Identify alternate transportation modes FISCAL NOTES Not applicable i:WtywideVransp2-9-99.sum.rtf I I f CITY OF TIGARD Community Development Shaping s' Better Community MEMORANDUM CITY OF TIGARD TO: City Council and Planning Commission FROM: Laurie Nicholson, Planning Division DATE: January 22, 1999 SUBJECT: Update on the Transportation System Plan Planning Commission is invited to the February 2, 1999, City Council meeting. The transportation firm DKS and City staff will present future alternatives for the City's street system. This plan must be completed before any consideration can be given to developing a possible road bond. The Council needs to give approval to staff to proceed with the public involvement process. Staff needs input from council on the transportation issues outlined below, including the citywide circulation issues and the creation of a neighborhood street. At the December 15 City Council meeting, the Council informally agreed for traffic demand modeling purposes, to constrain Highway 99W to five lanes. For all other roads, DKS will show design alternatives. They decided Highway 99W should remain five lanes south of Highway 217 because the costs of widening to seven lanes through Tigard would be prohibitively high. The City had hired the consulting firm of DKS to draft a street system plan for the City. DKS has prepared a report on the City's existing street system. The street system comprises a major component of the transportation system plan that jurisdictions are required to complete one year after the adoption of the regional transportation system plan. Metro has yet to adopt the regional transportation plan. The City has had a contract with DKS that we are trying to complete. In the process of modeling future conditions, DKS encountered problems with the Metro transportation model for Tigard. The numbers for existing transportation conditions were under the traffic numbers that DKS estimated based on approved developments. We believe the primary reason for the discrepancy is that Metro's transportation model only goes as far south as Sherwood, so it doesn't account for the trips that originate outside of the region. To remedy this problem, we undertook an inventory of existing land uses to ensure that Metro had correctly modeled the City's land uses, so we would definitively know the problem is with trips originating outside the region. Several assumptions were made regarding improvements in the transportation system. Some of these assumptions included: Widening Highway 217 ® Construction of the 1-5/Highway 99W connector road • Beef Bend/Eisner realignment project Widening of Greenburg Road over Highway 217 • 1-5/1-lighway 217 toolbox improvements • Tigard Triangle Improvements DKS is prepared to run the model to evaluate future transportation needs. Before they model future transportation alternatives, City Council needs to make key policy choices regarding the City's transportation system. Attached is the memo from DKS, outlining the policy choices that the Council needs to provide input on before DKS can proceed with their work. In addition, staff is also asking the Council to consider adding a new functional classification of neighborhood street that would be above a residential street and below a collector. It would assist in providing local street connections, yet be sensitive to neighborhood traffic issues. The policy choices and staff recommendations are as follows: • Should Highway 99W be widened to seven lanes, south of Highway 2177 • Staff met with Metro officials and they do not support widening Highway 99W south of Highway 217. The right-of-way costs alone would be very high. Even if Highway 99W were widened to seven lanes, key intersections with Highway 99W would require double left and right turn lanes. If Highway 99W is not widened, more traffic will filter through local streets in the future. Staff recommends that Highway 99W be restricted to five lanes. • Widen Highway 217 and Interstate 5? • Staff recommends that these assumptions be used since most of the modeling so far has assumed that these two facilities will be widened. • Widening on McDonald, Hall, Bonita, and Durham. • The Council needs to consider whether these roads will be widened from three to five lanes. Staff recommends that Hall and Durham be widened to five lanes and that McDonald and Bonita remain three lanes. • Should 150th be extended or Beef Bend Road be access controlled? This segment of Beef Bend Road is the proposed north-south connector and not the segment that currently connects to Highway 99W. According to DKS, either 150th needs to be extended or access controlled on Beef Bend Road. In addition, Beef Bend may need to be widened. These improvements need to be explored to relieve traffic on Highway 99W. Staff recommends that DKS explore options with Beef Bend Road because 150"' has steep grades on some of its sections that would make the extension difficult. • Atlanta extension or widening Dartmouth and 72nd • There have been some wetland issues with the Atlanta extension and the Tigard Triangle plan recommends widening Dartmouth and 72nd Avenue. After the policy choices have been made, DKS will run the transportation model for the year 2015 and will return to council on February 9, 1999, to present the results. In addition, the City will need to establish a public outreach process to adopt the street system plan. J ~t . ftt jt ii r~ .f s t,"O""a YT03ect Bac logo T c x T TRT Background ® Deed for Transportation System Plan (TSP) Good City Planning Transportation Planning Rule - Metro Regional Transportation Flan (RTP) ® Schedule Required one Year Following R pop- ect to date • ~aly5isonMotox vehlcles F oc~:~s 994 ~ plan Begs system o Groh 0 /o ZQ tis n d:l cate 20" e5 ntS Needed in Forecas em improN significant Yeaxs Mesa e X17. e~ ~1994-1991) le ,.I Time 've, SPeed/Tra ® TTa i ale Oce Palley ` e g X-verage QRE 99 MI at McDonatd L( ~ e ctio 42000 I 41000 d 40000 E 39000 0 38000 > 37000 36000 35000 1997 34000 1995 33000 8993 Year SeTvice • Vel systems study prS Associates Y. Nt8 1a2o 11:~ Ro+ Iz65 SI, „ srxd swew Ic 7y+11 16;37 ik16 d tits SN uas ala e oe. • 0 fa22 02 S/9-w/a U35 It2o v __,,,.~rvY) WnYf pro •T It10 Kzj 4:2" w~ 425 5;57 4:6b 'BH y,7 139 3,471V22 s: 5 t¢27 1% 11:25 wte n:u 1x~ 164 yppAY. Y.DOMO_$~^~~ ° PY ~ ~ ~~ltm►~'4~ 9~ t2~ ~e 9 coo Forecasts ® Land Use Assumptions (2015/2020) ® 20 to 50 % Growth Potential ® Who Uses Key routes 7 4- UNCS y •r1 r t . ~IIC:OLE • ~ _ R~ fit.` t- - a - - r y pfyttt r ° s 4.4 "d cz i 3 'S r F~ F Y y t ~~v ~ c' y .q, NA P. t, uPI,y1f~# } IMI } =POOR PEER I t e.• i f480.1/ SQO.@ ~u0 t:tJKiBQ[t ~~4 A~:MR~t iv to : rm s:s 6 it T ' D cRF~N~ ,row RGRO ~ 217 st~~H ~ DONALQ ST ~ vsD s _ <30% . 3OAa010 . >40°fo WOW of flips o, I ard9 Q~2E 99W _ Che percent'o sites w~th~ov or d"t d t° total tra p DU~►{pµ RD ~p T~VFIC TIG QN ©p ggW f memo Key Major Improvements s ORS 99W Widening • Freeway Widening • Maintain 3 Lanes on.Key Routes • Southwest Tigard Alternatives • Tigard Triangle Alternatives ~S Ca a~l~ 99Nq Ca aCl~ Issu p oTe 90, ~lghway oveY pacific 5 Lanes • Reta~ c~e55 . Limitl~anage ,k to 00 g9v ~oTmecto*r e Widen~~eewayS ~~~re55~'ay ~txYt~QnTt 0 FreewaY W den,115 and Streets Through Trallic ~ (juja tiotur~~s CKS 41SSOC1PT~5 - _,w:ut ® ORE _ ;,,,D ® 1.5 cos t.o Wxv. /4 Lanes/ ® 3 Lanes L wy 1 • Lanes Au-0la ' . 0.l. ~ ; ; . un.utsr a:r ~ ay:Drti'ta~tt j" /4ldAJECia' 4DtfVol"d~• R••• - xTl7 T Q X TTr~QTt1rET''1 mom -Lo~tes LaRes O~ fey ac1ty intaln 3 LaCof East hall, DuTham~ Bonita~ A'D°nald~ s Key routes: ay Garde, li~iia~ eats other I~prOVem all • ay Require 99w to K M East of 0~ wa~utExtensi South jllala~la) to Nall Extension ection ~all(H~~~~keT Conn ikerl9amPton 4-VeT0rOSSing ro~ements Intersection p _ ptliers SW Tigard Alternatives North/South Capacity West of Tigard • Limited Access Design of Beef Bend/Elsner • Extend 150th Avenue to South ~ • Link to I-5/ORE 99W Connector i • le A1te~n.~~iVe~ T1g~rd Frlang Of capacity/coIledl-vity Lack n• ORE 991W I LaRes R99V . access coitro, for 4 • ~~l~ta Street Extension o `Niden~uchstreet artm o ~ . Wide, 2id Avenue th to ~~Ziker to fall ~artmou of OIRE 2.11 o,verc*rosslllg Key Policy Questions • Status of ORE 99W Widening o Freeway Widening Three Lane versus Widening Potential • New Southwest Roadways • Tigard Triangle Needs mill ME • Functional C PROPORTION OF SERVICE ® Freeway ® Arterial Mobility Arterials e Collector' ® 9999 Collectors . • . ® Local Land Access Locals Routes Neighborhood • connectivity: Serves Neiglib®rO®ds ® x. Issues - Speeding volume ® Measures va e.1 - Street Design - Traffic Calming .~®e~ dIIIZS XS,I`II$IDR7 Public IIVOlvemen---t process a • Elements: - Citizen Advisory Committee s - Meetings _ Open Houses Results'.' - Recommendations on PO Plans - Recommendations on Action - Draft TSP Next steps TSP Public 11"V018;""Ment Process • Approve Issues • Input to Policy • Coordination Pegionally Boyd Measure Input AGENDA ITEM FOR AGENDA OF 2-9-99 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Appointment of Water Advisory Task Force PREPARED BY: C. Wheatley C ~/'n DEPT HEAD OK CITY MGR OK L4-~- ISSUE BEFORE THE COUNCIL Shall the City Council appoint a Water Advisory Task Force to advise the City Council on determining a permanent long-range water supply for the City of Tigard? STAFF RECOMMENDATION Adopt the attached resolution. INFORMATION SUMMARY Council directed City Staff to contact individuals to determine their interest in serving on the Water Advisory Task Force. Attached to the resolution (Exhibit A) are the names of those who have agreed or are considering to serve on the Task Force. A final list will be distributed prior to Council discussion. This list will only include indviduals who have agreed to serve. The resolution outlines basic groundrules and the mission of the Task Force. The Task Force is to advise the City Council of their recommendation at the April 13, 1999, City Council meeting. OTHER ALTERNATIVES CONSIDERED Modify the resolution or the task force membership. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY Urban & Public Services, Goal 1, Strategy 2: Develop plans for surface water production and supply. i FISCAL NOTES N/A I:\ADM\CATHY\COUNCILWGENDA ITEM SUMMARY SHEET- WATER ADVISORY TASK FORCE.DOC AGENDA ITEM # FOR AGENDA OF February 9. 1999 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE: Prelim~in /Engineering R ort for the 69th Avenue LID ro'ect PREPARED BY: Vannie Nguyen"g `DEPT HEAD OK : Gus uenas CITY MGR OK: Bill Monahan ISSUE BEFORE THE COUNCIL Shall the City Council approve the Preliminary Engineering report for the improvements of 69 h Avenue and approve the Resolution of Intent to form the Local Improvement District? STAFF RECOMMENDATION The staff recommends that the City Council, by motion, approve the Preliminary Engineering report and declare its intention to form the district and to make the public improvements by approving, by motion, the Resolution of Intent. INFORMATION SUMMARY In September 1998, Specht Development, Inc. submitted a petition for formation of a Local Improvement District (LID) to construct improvements to 69' Avenue and other local streets located in the immediate vicinity. The proposed improvements include upgrading the streets to full city street standards, including sewer, water, storm drainage facilities, curbs, sidewalks, street trees, and undergrounding of any overhead utilities. In October 1998, the City Council approved a resolution directing its staff to prepare a Preliminary Engineering report for the proposed district. In a Council meeting on December 15, 1998, the Council approved the contract award to DeHaas & Associates for preparation of a Preliminary Engineering report and design of 60% plans, specifications and estimate. The following streets were originally proposed to be included in the improvements: • 69°i Ave between the south right-of-way line of Dartmouth Street and the south right-of-way of the proposed extension of Beveland Street. • Dartmouth Street between 69' Avenue and 70°i Avenue (south side only). • Elmhurst Street between 68' Avenue and 70' Avenue. • Franklin Street between 68' Avenue and 69' Avenue. • Beveland Street between 69' Avenue and 70`x' Avenue. Under the direction of the City Council in their December and January 1999 meetings, the staff has extended the LID boundary south to Hampton Street and has also included Beveland Street between 68' and 69' Avenue as part of the project boundary. Extending the boundary south to Hampton Street completes the unimproved segments south of Beveland and places the overhead utilities underground. Inclusion of Beveland Street in the improvements meets the requirements of the Tigard Triangle Street Plan and would provide a direct connection between 72 na Avenue and 68' Avenue. The Preliminary Engineering report submitted to the Council for approval addresses the scope of work, location of the proposed improvements, the proposed district boundaries, estimated costs, and other relevant information which go to the feasibility of the proposed improvement and the district. Should the Preliminary Engineering report be approved, a Public Hearing would be conducted in the next Council meeting, February 23', to consider oral and written testimony from the citizens. Attached to this item summary are the following documents: - Vicinity map. - Project location map indicated the proposed streets to be improved. - Proposed Resolution of Intent. - Preliminary Engineering report. OTHER ALTERNATIVES CONSIDERED Reject the Preliminary Engineering report. Approve the Preliminary Engineering report with modifications. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY None FISCAL NOTES This project will be funded from the FY 1998-99 SW 69" Avenue Local Improvement District fund. 1Aeng\99dp\6M\sum1.doc ~G.IgII„iTY STRIA ~C1p QOM i ~ ((~~``~yC2 N '7" Q F1d'tiRG Z ado e gpStRO'~ Qt 1~CD~~ R9 GAARDE gpNISA BULL WOURIAIN RO Wy ~ z F F DU~~ 3 a 9ERQ Rfl RIVER BEE PTA ~EGQ~y,TRIC1I00 69~N ~►VENUE OTC MAP EKGNEEFOG DEPA9LYD tl1~~~ t3~n S.~~ ~ir OF WAM a~ a and H199 Z O V 7-4 2 W Z 22 _ W 4 3Ab H199 Z N N LAJ J 3AV Hl69 z o a• x a z N J ' ti laJ 3AV H10L r- ~ t- N `t N Q Y np W N .N p J Z 1 ~Py''S Imm t7 ;wig Z ~ K dg~ z S . F • Z GNU 3nv .1 now PRELIMINARY ENGINEER'S REPORT 19 69TH AVENUE CONSTRU_CI'ION JJD Scope of work Specht Development, Inc. submitted a petition for formation of a Local Improvement District (LID) to construct improvements to the following streets within the City of Tigard: • SW 69th 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 9600, 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 (South side only) By Resolution No. 98 - 52 , passed October 27, 1998, the Tigard City Council resolved as follows: That SECTION 1: The Engineering staff is directed to proceed with preparation of the preliminary engineering report for the proposed LID in accordance with the proposed LID boundary and improvements as described in the LID petition and preliminary evaluation report. SECTION 2: The preliminary engineering report should include the scope of work, location of the proposed improvements, proposed district boundaries, estimated costs, proposed assessment methods, 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 for presentation to City Council in February 1999. SECTION 3: The City of Tigard shall provide the funding for preparation of the preliminary engineering report. All expenses towards preparation of the report and the preparation of the construction plans and specification shall be rolled into the overall LID costs. SECTION 4: Should Specht Development, Inc. withdraw its support for the LID prior to the formation of the LID, all expenses incurred shall be billed to Specht Development, Inc. SECTION 5: Should the LID formation proceed as anticipated, the schedule to be established should seek to initiate construction of the improvements in late spring 1999 with completion of construction by September or October 1999. i The city has subsequently retained DeHaas & Associates, Inc. to provide engineering services and this preliminary Engineer's Report. At the meeting of December 8, 1998, the City Council expressed the desire to include the extension of Beveland Street from 69th Avenue to 68th Avenue if at all possible, and directed staff to explore the feasibility of acquiring the house to allow the extension of Beveland Street. The subsequent review of the proposed taldng indicated that the structure could be acquired and the Beveland extension constructed without adversely impacting the construction schedule for completion of 69th Avenue and the other streets in the proposed LID boundary. This Preliminary Engineering Report therefore includes the extension of Beveland Street from 69th Avenue to 68th Avenue as part of the proposed LID boundary. Findings The engineering review and analysis of the proposed LID area indicates that the LID boundary should be extended south to Hampton Street, and east to include the extension of Beveland Street from 69th Avenue to 68th Avenue. The extension to Hampton Street ensures that 69th Avenue between Hampton Street and Dartmouth Street is fully improved to current standards, to incluu-e widergrounding of overhead utilities. The extension of Beveland Street from 69th Avenue to 68th Avenue complies with the requirement of the Tigard Triangle Street Plan to provide a direct connection from 68th Avenue to 72nd Avenue along Beveland Street. The engineering analysis finds that the LID as proposed in this report is feasible, and that the improvements can be completed by fall of 1999. Recommendation City Council could approve the report, or approve the report with revisions. The recommendation of this report is that City Council approve the report in its entirety and declare its intention to form the LID and construct the improvements. Time is of the essence. Approval of the report and passage of the Resolution of Intent would ensure that the process proceeds expeditiously to allow completion of the improvements by fall of 1999. The specific details of the proposed LID are as follows: Location of Proposed Improvements The general location of improvements is shown on Exhibit A. Final extent and location of improvements will depend upon final design deliberations. Proposed LID Boundary The proposed district (~P) boundary is shown on Exhibit B. 2 Proposed Assessment Methods This is a comprehensive LID, inasmuch as a series of different improvement elements are proposed, each of which benefit a different set of properties. Assessment methods should recognize improvements already completed. Accordingly, it is proposed that each set of improvements be assessed by a method which recognizes its appropriate area of benefit and fairly distributes the costs. Improvement elements have been separated as fol:ow: 1. Street Improvements 50% of costs on a Frontage Basis 50% of costs on an Area Basis This method mitigates unfairness related to properties of variable shape and size and reduces the heavy impact on comer parcels that would occur if a 100% Frontage Basis were used. 2. Storm Drainage Improvements 100% of costs on an Area Basis 3. Sanitary Sewer Improvements Service extension costs on a Per Each Basis Remaining costs on an Area Basis 4. Water Improvements Service extensions and new hydrant costs on a Per Each Basis 5. Sidewalk Improvements 100% of costs on a Frontage Basis 6. Street Trees and Barkdust 100% of costs on a Frontage Basis 7. Undergrounding Power. Telephone and TV 100% of costs on an Area Basis 8. Ancillary Improvements 100% of the following costs on an Area Basis a. Right-of-way acquisition, including right-of-way and demolition costs related to the taking of right-of-way for Beveland between 69th and 68th. b. Add catch basin and lateral at NW comer of 69th and Hampton. c. Reconstruct wheelchair ramp at NW corner of 69th and Hampton, if deemed necessary. d. Street Lighting Maps illustrating the respective elements, areas of benefit and assessment factors are identified as Exhibits C-1 through C-8 respectively. 3 Estimated Costs Estimated total cost for eacth improvement element along with the assessment to each property owner is shown on Exhibits D-1 through D-8 respectively. A composite tabulation showing total estimated assessments to each property is shown on Exhibit E. Construction Schedule It is anticipated construction for the basic portion of the project will commence in late spring of 1999 with substantial construction complete by October of 1999. Completion of the portion of Beveland between 69th and 68th will depend on the process required for right-of-way taking, whether by expedient negotiation or by condemnation. Construction contract document provisions will be written to anticipate construction of the subject section late in the project to allow time for completion of the taking. If delay is extensive, it may be appropriate to construct the subject section by a separate construction contract. Property Entry for Surveying or other Engineering Purposes The Engineer should be authorized to enter all properties in the district for surveying and engineering purposes, and such additional properties as may be necessary to analyze drainage features and develop the drainage report. Project Support and Informal Information Meetings Initiation of the project was by Specht Development, Inc., representing 40.83% of the benef5tted property within the district as proposed in this report. The City has non- remonstrance agreements from an additional 9.05% of the benefitted properties. This would indicate that total remonstrances counted at the public hearing on formation of the district, should not exceed 50.02%, unless the City Council revises the boundaries of the district. An informal public meeting was held January 14, 1999 in the TVWD auditorium to which all owners in the district were invited. Exhibits similar to those attached to this report were presented along with explanations of how the LID process works and proposed time schedules. Other miscellaneous questions were answered. The exhibits, cost estimates and assessments, etc., prepared for this report represent adjustments from those presented at the January 14, 1999 meeting, based on continuing input and information provided, along with our refinement of the proposed preliminary design. Another informal public meeting is planned for a few days before the public hearing on formation of the district in order to answer detailed questions, present the refined plans and cost estimates and resolve any misunderstandings. This informal meeting should insure that the owners will be well-informed and will not have to face the difficult task of digging out detailed information in the formal public hearing setting. Notice of the info ay accompany the notice of the formal public hearing. arlin J. eH , P.E., L.S. 4 Attachments Exhibit A Proposed Improvements Map Exhibit B Proposed LED Boundary Exhibit C-1 through C-S Areas of Benefit and Assessment Factors C-1 Street and Water Quality Improvements C-2 Storm Drain and Detention Improvements r s Sanitary Sewer Improvements C-4 Water Improvements C-S Sidewalk Improvements C-6 Street Trees and Barkdust Improvements C-7 Undergrounding Power, Telephone and TV C-8 Ancillary Improvements Exhibit D-1 through D-8 Individual Assessment for Each Construction Element D-1 Street and Water Quality Improvements D-2 Storm Drain and Detention Improvements D-3 Sanitary Sewer Improvements D4 Water Improvement` D-S Sidewalk Improvements D-6 Street Trees and Barkdust Improvements D-7 Undergrounding Power, Telephone and TV D-8 Ancillary Improvements Exhibit E Composite Tabulation of Individual Assessment Costs t 5 ~ Y x _ t_ 3 Y t ! x x t n r _ G Y E E_ G G _A _ G 9 x k e lid _Y d G i i - - 991 hr~ /anaY aw at GAVUVO V69 F E N3w.~Y6YYwr AYYl7/:kW I dN _ _ _ tl-et e8 JY_ ';SNY69 8 SYW J-?-;Ws .~rt3L~a r nlreav rr~ols I ! , ~ ~ ~ &PLYS j?M?0 EI3LYA1 V L43dtLS J I °:,".w SL73WS L/r 41 JSYnNw13 UNY)343B - ~ - - ~ .7AObf fff ®gV®dOVtd 411 zYa a _ re3 ~~_.pE ttstt R glum - - __...e.-9_.__._-__._. - i ~`V F:{ 3 '°'„1„ ~i:..Y ,a.a ..,.i •s ....°.iu .++n s.. .+.e~:~i ww.. r I: ~ry I ~ ~ I I w r i I I I ~ i :"atw wlaw gyn. tr°a w°a ::n t I I I - ~ li ~~T= ~ ,~..i~ YYYIA/ IIYI n_`'-~,.~ rtwriti9TlM~ - ry • I` I I I I t uLon 1 N 03 3n A 4169 I ~4- _ ..-e.--:. - - - _.'c,,.. L,... _ ...s._.:.~~•~...~-... r.-..~.-,--,_ _s _ _ rat 69th AVE 6141U RECONSTRUCTION ..1 i i »I I I• ~ j ; ~ I l' IP PIf9Pf ~ j ~ I 11 i i xar 4j _A - - I T - - - - - - - - - - - l m I , w ~q,~ w~M n ~ ~ [v• p~~yygy}yy~ pp ai ryy..lyy~,~ qq~/~~jpp • ItiI_+ pm 'NiR/~ M. ~'/l!n flr'Pa~.wr 4w'sMr q Rn dNIIJM~ W RB'i'... j r4/% Or pF I r ~ rr t b~. aiM~ ~ ABM 'Y.»a.mr + 1 11~ ly.l n.ifei i h+~l•.•Y!Yr N.M YYIH/, - f I PROPOSED IMPROVE"M'ENrs i a a n S7Rja7 d' WA7FR OU4UTY - _ I E:: •a i - STORM aeuN & OE7FN7XW ❑ - - i r SWURY SEWER - AREI OF S7REE7 IMPAVW EMS - - I WA7ER Sl"ALK _ __re1:_i~.caac r_ - STREET 7REE5 a &RKOUSr aau E 3 UNDEAWWAV POWER, if D HOVE N cw° ANgLLWY WAROWME!lTS i - - _ c 3- - I l p E ~ F .I - - - q~q x a _a 3 qq rva r r e a a q q a o e -r ® 9 g=° £ l E TT- z a a e ° d A R ? x p n E d a a t a a c i~ I f d • Dartmouth Street Exhibit B Z- D Horandary Allap : :{71:'9tiff : } .r. tiUrst.:.:.`tr of i':SV.4Yr '.0: 1..... q~. W ::•:::::•.::::•::•.::;;;•::•:::;;•:::::::~::.:L:•:I9D0.: C C ::::.i........... . Q ^ :••::?..::10.00:::•:::..... .i' 71•::520?. ::ii•: i::.. • . R F" o k Street 5. : moo.::..... B7G0: . A7 r.....:.$~at7E%Q1TOT:` Sca/e:l =200 :;i: ` :roe ? . : .....:e :•ssa~:f* X :ea7uo: :.t:. . '':•::Z71':•:..:':: :y:~::' :.Y... Y:: LID Boundary Dartmouth Street Exhibit C-1 Street GEC ICU'ter Quality w : Assessment: Assessment Ma Q: :'amok E/mhurst Street :z•..s~oo :...L::1800? Q /dent No. Assessment Areo c ;::foob: Frontage w Franklin Street N ::?:73 .:.9300:•:• Q -00 -s Seveland Street Scale: 7 "=200' t::: ' 7L 9e n 92W 10 71 2700 C Q ~z LID Boundary n XV0 Ha Dartmouth Street Exhibit C-2 Storm Drain erg is De tern t io17 IMpro veM s y :Q Ma en t srr A es p : r: Elmhurst Street riia`•: :::?Jppq? > 9 :a 4 O . No. /dent C lu: ::394 q, . ` Assessment Area m Frank/in Street c -C : ..............:.:......4 . oa 0 7E: '9.tfJ17 . i ~O Seve/and Street 1 "=200' }3f1F1!;iF TL 9108 7L 9B ' 71 97010 q) J ~o n 27ao i Q 7 7 n moo 7L 2,9 7 n nx ~o LID Boundary 12 -v a XW Q Hampton Street Dortmouth Street EXh/blt C-'3 sari teary .Se vier F' / ro em er7 t rip s Assessment Map Elmhurst Street :fY:cs7 . :.`i:`3~} ~c .~•i:I9D0i O /dent. No. : C i:i::::::•: Assessment Areo e services Fct: ' Fronk/in street Cei :t: : b Beve/an Street Sco%: 1 "=200' ® C, rz 8101 rz 9108 I rz 98VO1 rz 9700 I a~ 1o rz 2700 17 rz 2800 rz 246 7 Ale - 7Z 2900 ©9 LID Boundary I 12 rz MOO Dartmouth Street Exhibit C-4 We ter Impro vem en is O I >z 2= Assessment Map 1f ?Z 24X si:: I n 2.w 1e I E/mhurst Street 7z 5100 I 19 3 7L 1900 /dent. No. r .s9o1 Q- Fire Hydrants Zl 2 7z 00 .52 Services Q IL::.......... lp TL +C3A0 1 C I a~ Fronk/in Street e I ~:~~:~:rrsca ? ..•9fO0i} I I 1 n 8700 TL 8,00 Sco/e:1 "-200' I 71 9101 :3t};9709;: I >L 9800 7L 9700 I 10 A 2700 : . ~ nz LID Boundary . I I n xw I I Hampton Street a III ilgilliq Dartmouth street Exhibit C-5 Side walk Impro vernen is ~ 2% 2" Assessment Mcp ~ >z 2.VV 7L ,400 0 M 2" r rz 2301 a rz 2300 1B Elmhurst Street rz 5100 R J800 9 O j rz 4900 O /den t. No. rz 3901 j Frontage a, rz 4000 Q O 7Z 5200 Q © rz 4?DO CEO 7Z 4300 Fronk/in Street v © e' 7Z 8JO0 7Z 9100 rz 8700('?~ 72 00 Beve/and Street Scale: 1 "=200' © (D 7L 9101 R 9108 11 9800 7L 9700 I I f0 rz 2700 C e „ 7L 2800 rz2 o~ LID Boundary rz 2900 x ~O J00m 7© Hom ton Street Dartmouth Street Exhibit C- 6 Street Trees & a 28W ]2.7W sarkdus t Impro vem erg is (D Assessment Mc n .900 n 2MI rz 2= ,e Elmhurst Street n slop a X00 19 OO /dent. NO. 7z 4900 , n J901 Frontage Q rz 4000 Q Q rz 5200 © rz ssao L-700, j F/in Street Q' rz B" ctij M 9100 ~o n e7oo n o0 Beve/and Street Sca/e.• 1 "=200' rz 9101 rz 910.4 rz 9800 rz 9700 j 10 rz 270.7 C Q 11 n 1800 24C P n 2900 ~ LID Boundary n .SOw 0 Hompton Street Dartmouth Street xhibit C--7 Uri dergro undl~?q Power, X Telephone & TV f: C '`zv Improvements :Q f<` Assessment Map Elmhurst Street : t:ii i Q? , :;iR;::49L17;: O !dent. Na. `.fADQ: Q r ; Assessment Area w a, ~CbZ Q . . Franklin Street NZ) 10 n WOO :9.fDli i• ' e~oo n Do Beveland Street ' Scale: 1 "=200' .....`...:.::i n sego 7z SMO Q :Q?x::ax::: • LID Bounder . . :ri:: Hampton Street Dortmouth Street Exhibit C-8 An c&ary /mpro vern en is As' sessm en t Map a . :rz zsa ::z3az Elmhurst Street C ;R4QO.i 3 ( /dent. No. Assessment Areo r. w oo Frank/in Street Q . . gfoo` o0 b , Seveland Street Scole: 1 "=200' . :;3t;se0ic 71 9700 .;•.Rri~a:.. Z Q LID Baundory Ham ton Street 69th Avenue Reconstruction LID E-xLubit-D-1 Street and Water (finality Improvements February 1, 1999 Total Ident. Tax Lot Frontage (ft Area (sq ft) Frontage Assessable No. No. Improvements Improvements Costs Area Costs Costs 1 2800 100 6204 $4,231 $2,178 $6,40 2 2900 350 81396 14,809 28,571 43,380 3 3800 200 31900 8,462 11,197 19,660 4 3901 0 29750 0 10,443 10,443 5 4000 125 12500 5,289 4,388 9,67 6 4200 155 30970 6,558 10,871 17,42 7 9100 474 55845 20,056 19,603 39,658 8 9101 119 21420 5,035 7,519 12,55 9 9108 280 18000 11,847 6,318 18,165 10 2700 0 0 0 0 0 11 2800 75 16425 3,173 5,765 8,939 12 2900 155 33945 6,558 11,915 18,47 13 3000 0 0 0 0 0 14 2700 150 10000 6,347 3,510 9,85 15 2600 50 5000 2,116 1,755 3,871 16 2400 75 7500 3,173 2,633 5,80 17 2301 88 8800 3,723 3,089 6,812 18 2300 162 7613 6,854 2,672 9,52 19 5100 100 5000 4,231 1,755 5,98 20 4900 150 15000 6,347 5,265 11,612 21 8200 100 10000 4,231 3,510 7,741 22 4300 100 5000 4,231 1,755 5,98 23 8300 275 17500 11,636 6,143 17,778 24 8700 140 4000 5,924 1,404 7.328 25 8500 0 1250 0 439 43 26 8600 100 3750 4,231 1,316 5,54 27 9800 100 5000 4,231 1,755 5,98 28 9700 100 5000 4,231 1,755 5,98 29 2400 0 0 0 0 3723 448768 157,525 157,525 315,05 Street & Water Quality Improvements - Total Cost: $315,050 * 75% Assessment Assessment Formula 50% of costs on Frontage Basis $157,525/3,723 ft = $42.3113/ft 50% of costs on Area Basis $157,525/448,768 sq.ft, = $0.35101sq.& 69th Avenue Reconstruction LID Exhibit D-2 Storm Drain and Detention Impravements February 1, 1999 Total Ident. Tax Lot Area (sq ft) Assessable No. No. Improvements Area Costs Costs 1 2800 6204 $3,222 $3,222 2 2900 81396 42,272 42,272 3 3800 31900 16,567 16,56 4 3901 29750 15,450 15,45 5 4000 12500 6,492 6,492 6 4200 30970 16,084 16,08 7 9100 55845 29,002 29,002 8 9101 21420 11,124 11,12 9 9108 5000 2,597 2,59 10 2700 0 0 0 11 2800 0 0 0 12 2900 0 0 13 3000 0 0 0 14 2700 10000 5,193 5,193 15 2600 5000 2,597 2,59 16 2400 7500 3,895 3,895 17 2301 8800 4,570 4.570 18 2300 8700 4,518 4.518 19 5100 10000 5,193 5,193 20 4900 15000 7,790 7,790 21 8200 10000 5,193 5,193 22 4300 5000 2,597 2.59 23 8300 20000 10,387 10,38 24 8700 4000 2,077 2.07 25 8500 1250 649 64 26 8600 3750 1,948 1.948 27 9800 5000 2,597 2,59 28 9700 5000 2,597 2,59 29 2400 0 01 01 393985 204,610 204,61 Storm Drain & Detention Improvements $204.610 Assessment Formula 100% of costs on Area Basis $204,610/393,985 sq ft = $0.51933/sq ft 69th Avenue Reconstruction LTD Exhibit D-3 Sanitary Sever Improvements February 1, 1999 Tax Total Ident. Lot Service Assessable No. No. Area (sq ft) Service (ea) Area Costs costs Costs " 1 2800 6204 0 $972 $0 $972 2 2900 81396 1 12,754 2,400 15,15 3 3800 31900 0 4,998 0 4,998 4 3901 30000 0 4,701 0 4,701 5 4000 12500 1 1,959 2,400 4,359 6 4200 30970 0 4,853 0 4,853 7 9100 59130 1 9,265 2,400 11,665 8 9101 0 0 0 0 9 9108 0 1 0 2,400 2,400 10 2700 0 0 0 0 11 2800 0 1 0 2,400 2,40 12 2900 0 1 0 21400 2,400 13 3000 0 0 0 0 0 14 2700 10000 0 1,567 0 1156 15 2600 5000 0 783 0 783 16 2400 7500 0 1,175 0 1,175 17 2301 8800 1 1,379 2,400 3,779 18 2300 8700 1 1,363 2,400 3,763 19 5100 10000 0 1,567 0 1,56 20 4900 15000 1 2.350 2,400 4,75 21 8200 10000 0 1,567 0 1,567 22 4300 10000 0 1,567 0 1,56 23 8300 20000 1 3,134 2,400 5,53 24 8700 4000 0 627 0 62 25 8500 0 0 0 0 0 26 8600 0 0 0 0 27 9800 0 0 0 0 28 9700 0 0 0 0 29 2400 0 0 0 0 1 361100 10 6,5801 - 24,000 80,58 Sanitary Sewer Improvements $56,580 Services $24,000 Assessment Formula Sanitary Sewer Improvements $56,5801361,100 sq. ft. = $0.1567/sq. ft. Services = $2,400 each M 69th Avenue Reconstruction LID Exhibit D-4 Water Improvements M February 1, 1999 Tax 1" 2" 2" Total Ident. Lot Service Service Fire hydrant 1" Service Service Fire Hydrant Assessable No. No. (ea) (ea) ' (ea) Costs costs Costs costs 1 2800 0 0 0 0 $0 $0 $ 2 2900 0 1 2 0 1,250 9,690 10,94 3 3800 0 0 1 0 0 4,845 4,845 4 3901 0 0 0 0 0 0 5 4000 0 1 0 0 1,250 0 1,25 6 4200 0 0 1 0 0 4,845 4,845 7 9100 0 1 1 0 1,250 4,845 6,095 8 9101 0 0 0 0 0 0 0 9 9108 1 0 0 300 0 0 30 10 2700 0 0 0 0 0 0 11 2800 1 0 0 300 0 0 300 12 2900 0 0 1 0 0 4,845 4,845 13 3000 0 0 0 0 0 0 0 14 2700 0 0 0 0 0 0 0 15 2600 0 0 0 0 0 0 16 2400 0 0 0 0 0 0 17 2301 0 0 0 0 0 0 0 18 2300 0 0 0 0 0 0 19 5100 0 0 0 0 0 0 20 4900 0 0 0 0 0 0 21 8200 0 0 0 0 0 0 22 4300 0 0 0 0 0 01 0 23 8300 1 0 0 300 0 0 30 24 8700 0 0 0 0 0 0 25 8500 0 0 0 0 0 0 26 8600 0 0 0 0 0 0 27 9800 0 0 0 0 0 0 28 9700 0 0 0 0 0 0 29 2400 0 0 0 0 0 0 3.001 1 900 3,750 29,070 33,7201 Assessment Formula 1" Services 3@ 5300 ea = 900 2" Services 3@ $1,250 ea = 3750 Hydrants 6@ 54,845 ea =29,070 $33,720 69th Avenue Reconstruction LID Exhibit D-5 Sidewalk Improvements.. February 1, 1999 Total Ident. Tax Lot Frontage (ft) Frontage Assessable No. No. Improvements Costs Costs 1 2800 175 $4,569 $4,56 2 2900 143 3,734 3,73 3 3800 0 0 4 3901 0 0 0 5 4000 0 0 0 6 4200 0 0 0 7 9100 0 0 8 9101 118 3,081 3,081 9 9108 100 2,611 2,611 10 2700 0 0 0 11 2800 0 0 0 12 2900 0 0 0 13 3000 0 0 14 2700 150 3,917 3,917 15 2600 50 1,306 1,30 16 2400 75 1,958 1,958 17 2301 88 2,298 2,298 18 2300 187 4,883 4,883 19 5100 100 2,611 2,611 20 4900 150 3,917 3,917 21 8200 100 2,611 2.611 22 4300 100 2,611 2,611 23 8300 100 2,611 2,611 24 8700 100 2,611 2,611 25 8500 0 0 0 26 8600 100 2,611 2,611 27 9800 100 2,611 2,611 28 9700 100 2,611 2,611 29 2400 0 0 2036 53,160 53,16 Sidewalk Improvements $53,160 Assessment Formula 100% of Costs on Frontage Basis $53,160/2036 ft = $26.1100/ft .y 69th Avenue Reconstruction LID E2b i D-6 Street Trees and lBarkdnst Improvements February 1, 1999 Total Ident. Tax Lot Frontage (ft) Frontage Assessable No. No. Improvements %-MAS Costs 1 2800 175 $2,445 $2,445 2 2900 711 9,933 9,933 3 3800 418 5,840 5,840 4 3901 0 0 5 4000 125 1,746 1,746 6 4200 155 2,165 2,165 7 9100 473 6,608 6,608 8 9101 118 1,649 1,649 9 9108 230 3,213 3,213 10 2700 0 0 0 11 2800 75 1,048 1,048 12 2900 175 2.445 2,445 13 3000 0 0 0 14 2700 150 2,096 2,09 15 2600 50 699 69 16 2400 75 1,048 1.048 17 2301 88 1,229 1,22 18 2300 187 2,612 2,612 19 5100 100 1.397 1,39 20 4900 150 2,096 2,096 21 8200 100 1,397 1,39 22 4300 100 1.397 1,39 23 8300 300 4.191 4,191 24 8700 140 1.956 1,95 25 8500 0 0 0 26 8600 100 1,397 1,39 27 9800 100 11397 1,39 28 9700 100 1.397 1,39 29 2400 0 0 4395 61,400 61,40 Street Trees & Barkdust $61,400 Assessment Formula 100% of Costs on Frontage Basis $61,400/4,395 ft = $13.9704/ft 69th Avenue Reconstruction LID Exhibit D-7 Undergrounding Power, Telephone and TV Improvements February 1, 1999 Total Ident. Tax Lot Area (sq ft) Assessable No. No. Improvements Area Costs Costs 1 2800 6204 $1,261 $1,261 2 2900 81396 16,539 16,53 3 3800 31900 6,482 6,481 4 3901 29750 6,045 6,045 5 4000 12500 2,540 2,54 6 4200 30970 6,293 6,293 7 9100 55845 11,347 11,34 8 9101 21420 4,352 4,352 9 9108 5000 1,016 1,016 10 2700 28340 5,759 5,759 11 2800 16350 3,322 3,322 12 2900 38150 7,752 7,752 13 3000 17440 3,544 3,54 14 2700 10000 2,032 2,032 15 2600 5000 1,016 1,016 16 2400 7500 1,524 1,52 17 2301 8800 1,788 1,788 18 2300 8700 1,768 1,768 19 5100 10000 2,032 21032 20 4900 15000 3,048 3,048 21 8200 10000 2,032 2,032 22 4300 10000 2,032 2,032 23 8300 0 0 0 24 8700 0 0 0 25 8500 0 0 0 26 8600 0 0 0 27 9800 0 0 28 9700 0 0 29 2400 46000 9,347 9,34 506265 102,870 102,87 Undergrounding Power, Telephone, & TV $102,870 Assessment Formula 100% of costs on Area Basis $102,870/506,265 sq ft = $0.2032/sq ft .y 69th Avenue Reconstruction- LID Exhibit D-8 Anefflary Improvements • ~r February 1, 1999 Total Ident_ Tax-Lot.. Area (sg 8) Assessable I~ 13o--• emend Area-Costs Costs I 2800 6204 $4,34I 8;4,341 2 2900 81396 56,952 56,95 3 3800 31900, 227320 22,32 4 3901 29750 20,816 20,81 5 4000 125OO 8,746 8,74 6 4200 30970 21,669 21,6691 7 9100 5584-5 39,074- 39,07 8 9101 21420 14,987 14,9 9 9108 5000, 3,498 3,49 10 2700 2919,829 19,82 I 1 2800 1635 11,440 11,44 12 2900 38150 261693 26,693 13 3000 17440 12,202 12,20 14 2700 10000 6,997 6,99 15 2600 5000 3,498 3,49 16 2400 7500 5,248 5,24 88 17 2301 8800 6,157 6,15 18 2300 8700 6,087 6,08 19 5100 5000 3,498 3,49 20 4900 15000 10,495 10,495 21 8200 100OO 6,99 6,99 22 4300 5000 3,498 3,49 23 8300 15000 10,495 10,495 24 8700 4000 2,799 2,79 25 8500 1250 875 875 26 8600 3750 2,624 2,62 27 9800 13000 9,096 9,09 28 9700 5000 3,498 3,49 29 2400 46000 32,185 32,185 538265 376,615 376,6I5 Ancillary Improvements $376,615 Assessment Formula 100% of costs on Area Basis $376,615/538,265 = $0.6997/ft Right-of-Way Acquisition 330,000 Catch Basin@ Hampton 5575 Wheelchair Ramp @ Hampton 1890 street Lighting 39,150 376,615 69th Avenue Reconstruction LID Exhibit Summary of Assessment Costs Fcbnwy I, 1999 F Idait Tax Lot Street & Water St.D. & Sanitary Street Trees Undergrounding power, Total Assessable No. No. Property Owner Quality Detention Sewer Water Sidewalk & Barkdust Telephone & TV An 11 Coats 1 2800 Kenneth M. Montgomery $6,409 $3,222 $972 $0 $4,569 $2,445 51,261 $4,341 $23,218 2 2900 Donald E. & Julia Gail Pollock 43,380 42,272 15,154 10,940 3,734 9,933 16,539 56,952 198,904 3 3800 Richard L. Carpenter & Julia Gail & Donald Pollock 19,660 16,567 4,998 4,845, 0 5,840 6,482 22,320 80,711 4 3901 Richard L. C ter 10,443 15,450 4,701 0 0 0 6,045 20,816 57,454 5 4000 Donald E. Pollock 9,677 6,492 4,359 1,250 0 1,746 2,540 8,746 34,809 6 4200 Donald E. Pollock & Richard Carpenter 17,429 16,084 4,853 4,845 0 2,165 6,293 21,669 73' 1", 7 9100 Donald E. Pollock 39,658 29,002 11,665 6,095 0 6,608 11,347 39,074 143,445` 8 9101 Alfred F. & Diane M. Kindrick 12,554, 11,124 0 0 3 081 1.649 4,352 14,987 47,747 9 9108 Denise Porter & Sue Bemwtl 18,165 2,597 2,400, 300 2,611 3,213 1,016 3,498 33,801 10 2700 John B. McCrosk 0 0 0 0 0 0 5,759 19,829 25,588 11 2806 Don R. & Cynthia Sue Morton 8,939 0 2,400 300 0 1,048 3,322 11,440 27,449 12 2900 J.T., Jr. & Theresa A. Roth 18,474 0 2,400 4,845 0 2,445 7,752 N66.157 62,608 13 300 KF LLC 0 0 0 0 0 0 3,544 15,746 M 2700 Landmark Ford, Inc. 9,857 5,193 1,567 0 3,917 2,096 2,032 31,658 15 2600 L Mmar Ford, Im. 3,871 2,597 783 0 1,306 699 1,016 13,769 16 2400 Landmark Ford, Inc. 5,806 3,895 1,175 0 1,958 1,048 1,524 20,654 17 2301 EW Opdal Snyder & John Milton 6,812 __j a 3,779 0 2,298 1,229 1,788 26,634 18 2300 Cecil & Donna Rae Jones 9,527 4,518 3,763 0 4,883 2,612 1,768 6,087 33,158 19 5100 Landmark Ford, Inc. 5,986 5,193 1,567 0 2,611 1,397 2,032 3,498 ,285 20 4900 Jose A. & Cheryl A. Mole o & Jamcs Mone o 11,612 7,790 4,750 0 3,917 2,096 3,048 10,495 43,708 21 8200 Landmark Ford. inc. 7,741 5,193 1,567 0 2,6111. 1,397 2,032 6,997 27,538 22 4300 Landmark Ford, Inc. 5,986 2,597 1,567 0 2,611 1,397 2,032 3,498 19,688 23 8300 J.T., Jr. & Theresa A. Roth 17,778 10,387 5,534 300 2,611 4,191 0 10,495 51,296 24 8700 TT.. Jr. & Theresa A. Roth 7,328 2,077 627 0 2,611 1,956 0 2,799 17,397 25 8500 J.T., Jr. & Theresa A. Roth 439 649 0 0 0 0 0 875 1,963 26 8600 Stephan W. & Lynn L. Peirce 5,547 1,948 0 0 2,611 1,397 0 2,624 14,127 27 9800 J.T., Jr. & Theresa A. Roth 5,986 2,597 0 0 2,611 1,397 0 9,096 21,68 28 9700 Mark R. " 5,986 2,597 0 0 2,611 1,3970 3,498 16,089 29 2400 Western Evan elical Seining 0 0 0 0 0 0 9,347 32,185 41,532 315,050 204,610 RU 580 33,720 53,160 61,400 102,870 376,615, 1,228,005 000A O Aloq ~ ~ amyc~-'' 0 1~ ezo.eMm ~ C w mill Now row Its III V,, ml lea 41M s e Alrea rfurg ~r~an and Services SSW character and Schools Qnatity of and Ednc~~°n ~aos~o~,atiox► 'Traffic and growth and .owtt~ ~anageluent T TT~f~~f.Tff 0000001 Y'nY 7 ~ Emil= communid""O Character& guality oj Lije Urban and Public Safety Public Services Schools and Transportation Education and Traffic Growth and Growth Management i -TM-T Q z .T.Tr"QT1lTT Growth & Growth Management urban and Public Safety Public Services Community Character and Quality of Life. Schools and Transportation Education 6 and Traffic afe S 1Y. pubfic i+l III Urban and public Services t Community Character and Schools Quality of Life and Education Transportation and'rraffic Growth and Growth 'Management Schools and Education Urban and Public Safety Public Services community r Character and, Quality of Life h Transportation and Traffic ' f Growth and k'f Management Growth Manag ; x e TransPOirtat-on Urbau and public saf etY public Services comujunity Character and schools Quality of Life and 'ducatiou Gr,)Wth and Growth Vlaua'gement YYtY T n T T T~ wool door ,mmulgoolommomwo U vice;5 Urban & bi*c 'Pubhe Safety Community Character f Life sehoom Quirity o and Education T .ausportation and Iraffle Growth and Growth Tv"nagenieut Jill Rom i ~ 0 i~ 13 4 schools MIA ~ .and Yducatioll e estions? ~~tie1p~$e~ OD® YOU belt to p Call - 'Vi ard C~11 639-4111 list ;r AGENDA ITEM # f FOR AGENDA OF Februarv_9, 1999 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUEIAGENDA TITLE An Ordinance amending Titles 1. 2 and 7 of the Tigard Municipal Code to update abatement requirements to provide warrant requirements for code enforcement inspections and to provide the municipal judge with author to issue warrants, PREPARED BY: David Scott DEPT HEAD OK CITY MGR OK _ ISSUE BEFQRE THE COUNCIL Should the City Council amend Titles 1, 2 and 7 of the Tigard :Municipal Code to update abatement requirements, to provide warrant requirements for code enforcement inspections and to provide the municipal judge with authority to issue warrants. STAFF RECOMMENDATION Adopt the attached ordinance amending Titles 1, 2 and 7 of the Tigard Municipal Code. INFORMATION SUMMARY The City Attorney recently conducted a review of the Municipal Code regarding abatement of nuisances. This review was done when crafting and reviewing new code language for the Community Housing Program. The City Attorney has recommended several changes to the Municipal Code to improve the abatement provisions toward ensuring that the proper balance between public and private interests is provided in Tigard's abatement process. Specifically, the ordinance makes the following changes: Section 1: Clarifies specifics regarding uniform summons and complaint content. Section 2: Adds language requiring the hearings officer to require that a respondent to a summons and complaint , abate an infraction if the hearings officer finds that an infraction was committed and has not been abated or tenninated. Section 3: Adds language providing that the City may abate infractions after a final decision of the hearings officer and after obtaining a warrant to abate. Also adds language providing for City abatement in cases of immediate danger and emergency. Section 4: Adds language granting the municipal judge authority to issue warrants. Section 5: Adds language stipulating the process and criteria for issuing warrants. Section 6: Eliminates superfluous language. Section 7: Establishes the effective date of the ordinance in 30 days after its enactment. i ~o OTHER ALTERNATIVES CONSIDERED None. FISCAL NOTES e No fiscal impact. I:~citywide ~suml29civinf.doc c CITY OF TIGARD, OREGON AFFIDAVIT OF POSTING In the Matter of the Proposed STATE OF OREGON ) County of Washington ) ss. City of Tigard ) ti rw I, begin rust duly sworn, on oath, depose an say: That I posted in the following public and conspicuous places, a copy of Ordinance Number (.9 which were adopted at the Council Meeting dated a copy(s) -mu of said ordinance(s) being hereto ttached and by reference ma e a part hereof, on the _ 0 GL~ day of , 19 1. Tigard City Hall, 13125 SW Hall Blvd., Tigard, Oregon 2. Tigard Library, 13125 SW Hall Blvd., Tigard, Oregon 3. Tigard Water Department, 8777 SW Burnham, Tigard, Oregon Subscribed and sworn to before me this 1 day of rte! 19 "1 i mtj\AV, i i i OFFICIAL SEAL Notary Public for Origon DANE M JELDERKS 17 NOTARY PUBLIC-OREGON ~j COMMISSION NO. 046142 Commission Expires: ` !!Y ^OMMISSION EXPIRES SEPTEMBER 07. 1999 y i:k2dm%jo1affpost.doc CITY OF TIGARD ORDINANCE NO. 99- C~ S AN ORDINANCE OF THE CITY OF TIGARD TO AMEND MUNICIPAL CODE SECTIONS 1.16.220(a), 1.16.340, 2.16.050, 1.16.305, AND 7.40.210(a). WHEREAS, in taking action to abate nuisance on private property, the City of Tigard must balance the public interest in the public health, safety and welfare with private property rights; and WHEREAS, The City of Tigard wishes to ensure that the proper balance between public and private interests are maintained in each situation involving an abatement by the City on private property so that the public interest is served without violation of private property rights; and WHEREAS, greater assurance of a proper balance between public and private interests may be provided by the following amendments to the Municipal Code; now, therefore; THE CITY OF TIGARD ORDAINS AS FOLLOWS: Section 1: Tigard Municipal Code Section 1.16.220(a) is amended to read as follows: (a) The uniform infraction summons and complaint shall consist of at least two pages. Additional pages may be inserted for administrative purposes. The required pages are: (1) The summons; and (2) The complaint. Section 2: Tigard Municipal Code Section 1.16.305 is amended to read as follows: Civil penalty Abatement requirements Upon a finding that the i &wdnn was committed by the respondent and has not been abated or terminated, the hearings officer shall require the respondent to abate the ordinance infraction within a specified time period identified in the final order. The final written order shall also include notice that if the violation is not abated by the ORDINANCE NOJQ J Page 1 respondent in the specified time, the city may abate the violation and charge the costs of abatement to respondent. Section 3: Tigard Municipal Code Section 1. 16.340 is amended to read as follows: Remedial action by City - Costs (a) Upon a finding that an infraction was committed, as determined by a final decision of the hearings officer, the city may, after obtaining a warrant to enter the property and abate the infraction, remedy the infraction and charge the remedial costs back to the respondent. For the purposes ofthis subsection "a final decision of the hearings officer" means a final decision for which judicial review was not sought within the time allowed by law or a decision of the hearings officer that was upheld by a final decision in the judicial review and appeal process. (b) In the case of an immediate danger to the public health, safety or welfare declared under Section 1. 16.150 of this code, the city may remedy the infraction and charge the remedial costs back to the respondent, after obtaining a warrant to enter the property and abate the infraction,. If the immediate danger constitutes an emergency threatening immediate death or physical injury to persons, the city may abate the infraction without obtaining a warrant if the delay associated with obtaining the warrant would result in increased risk of death or injury, and may charge the remedial costs back to the respondent. (c) The code enforcement officer shall have* the right at reasonable times to enter into or upon property in accordance with law to investigate or to remedy infractionA. This provision does not authorize a warrantless entry when a warrant is required by state or federal law. (d) The finance officer shall keep an accurate record of the cost incurred by the city in remedying the infraction. The finance officer shall notify the respondent by certified mail, return receipt requested, of these costs, and advise the respondent that the costs will be assessed to and become alien against the respondent's property if not paid within thirty days of the notice, and shall further notify the respondent that the respondent is entitled to a hearing to contest the amount of the costs to be assessed. (e) The respondent shall be entitled to request that the code enforcement officer schedule a hearing to consider the amount of the costs assessed to remedy the alleged infraction. That hearing shall be conducted pursuant to the procedures established in Sections 1. 16.250 through 1.16.330 of this chapter. (f) If the remedial costs are not paid, the finance officer shall follow the procedures for lien filing and docketing as contained in Section 1. 16.370 of this chapter. ORDINANCE NO. _ Page 2 rM ~ Section 4: Tigard Municipal Code Section 2..16.050 is amended to read as follows: Powers of municipal judge The municipal judge when acting as such, and the pro tempore judge designated to act as such when so acting, shall perform all the duties and have all the inherent and statutory powers of a justice of the peace within the jurisdictional limits of the office of municipal judge and shall have the power to issue search warrants and warrants to enter property and abate civil infractions. Section 5: Tigard Municipal Code Section 2.16 is amended to add a new Section 2.16.070 to read as follows: Warrants A warrant may be issued if the municipal judge is satisfied that there are facts and circumstances tending to show that the objects of the requested search are in the places identified in the request, or, in the case of a warrant to enter property and abate a civil infraction, that the infraction exists. Request for warrants should normally be supported by affidavits, however, when circumstances make it impractical for the warrant to be obtained in person it may be granted by telephone based on oral statements made under oath. The oral statement shall be recorded and transmitted and retained as a part of the record of the proceeding. Section 6: Tigard Municipal Code Section 7.40.210(a) is amended to read as follows: Penalty for chapter violations (a) A violation of this chapter shall constitute a Class 1 civil infraction, which shall be processed according to the procedures established in the civil infractions ordinance, set out at Chapter 1.16 of this code. ORDINANCE NO. Page 3 Section 7: This ordinance shall become effective 30 days after its enactment. PASSED: By u n a.n i m o vote~f all Council members present after being read by number and title only, this C/ - day of QC2r' 1999. Catherine Wheatley, City Recorder /}i APPROVED: By Tigard City Council this & " da of 1999. 1 icoli, Mayor Approved as to form: City Attorney `7 /f Date ORDINANCE NO. ~J Page 4 AGENDA ITEM # ' I FOR AGENDA OF February 9. 1999 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Council and Staff Liaison Appointments PREPARED BY:_ Cathy Wheatley DEPT HEAD OK CITY MGR OK UZ97- ISSUE BEFORE THE COUNCIL Review Council and Staff Liaison Appointments to determine if Council members currently serving on boards or committees would like to continue. Also, under consideration is the appointment of Council members to vacancies. STAFF RECOMMENDATION Council should discuss vacancies and current assignments to determine who should serve on the various committees. INFORMATION SUMMARY Attached is a listing of the current appointments. The last page of the matrix indicates where there are vacancies. OTHER ALTERNATIVES CONSIDERED N/A VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY i N/A I FISCAL NOTES N/A 1:1ADMICATHY\000NCILWGENDA ITEM SUMMARY SHEET - COUNCIL LIAISON APPTSMOC ~e0ting of Anooen~ • Uao§on ii & staff lneckla C ounG ar .staff , ~ patfipn C~, p7• ntve Mppre ;Pr11' t Nun a Nicpli e _ - : ~ ~nmitte Patfipn. 1-oaNry, 7 5ubcom - Mpnahan ~,~ices get Roberts s Scheckla Event unity peveloP- g►pck 6fant x gourd Hendry M Ads han Cefdr*% gU„ine~ or►a Assn. 5;won ~retrna*Y) piste' berry SO* W coop. word Moore Cro'~h Mgmt t two' Rohr pec 00 _ ~fp~neriy yacan July C."us - acptt June 0D " Scheckla Murat - I A , Jan aler Npusir►g aTG k Scheckla July pec 99 " i p on - Jan-June'49 " Nunt •s APO- pore OCA ton to be May. gym. Scheckla staff Rep' - dept Ad'A it Rep works C Recreation Cou►t aff member ar4 ppisktt' TGSk to, --e Vac Wegner tstOff) D alati) Nunt Regional Cpn~tium ~a~r►x - page q~ent T YriY? ~ T il/5taft Liaison APPo'n t~ounc or staff Att~°`te' 'tCauncit;or Re . ~~ativa Newton (staff NQ►nt~ 5taf{ Wheatley " ex officio) Center~r of Chain Newton Tiga'd' Ord - CO ~gard Cholm ber Ti ss Ad vocally Rohlf - sudget be ComntitteelCitizen WI ittee ation T~k Force to formed- Alternate - Tro~p°rt " Re vo re County Measu Woswtrgt eras Coosolidated Communications C e Nicoli on hingt an eery Vdas Ling Mona Staff Coord►n° Wegner " Commt~ee $ Nicol'1it member e re$entative estetws RyP° A►t. C0 (was Rohlf) R W . - vacan Steeri Cont Hunt question Water toccc is whether to Willamete Su l A e are Nicoli int a ettizen to Squ appo W ashi T~ orce represent the Reg council: if so, as Rohlf's name w for submitted consideration page 2 i iQiso,, CounciilSta~ ~co~ 0r Staff Cou'gyres u$ meeto 9 Represen~'~t aft ~ Alte r 0, ~~il or R~ . Ga~~~ I.lecoli, Mire, @~olloans Mahan, of Goodposter, wheatte W ner, PacuS ~icoli Moyor gicoi+ s tke6l* ae►d arty EI d K als Cir°f°~'r~`o1Z Me" as vie ore !A~ "{i{led ~paore e 1NS~de ~,Iliatw • mend Matrix page 3 - • 5$a►ff iiaisaa APp°int council or 6tuff organizations or QeOnOl ~~nts to COUntY member jarisd~ct~ons~ ppoint selected by (individuals ewe oti+±iatt►a R b pike. 3PACC Beaverton Rob brake. PAC Wverton and tou 0 en, Tualatin Does Council Vyant Washington Rry to forward a name pAedical Se,ces in nomination? Poli Board intmeat x -Page 4 COunciUStaff tiiais0+% APO Council !.'n'oon Appointments Patton Scheckln Hunt Moore Budget . Budget c~al Nicoll Budget Budget committee committee Elected Offi • Budget Committee CDBS Advisory Mme of ° Committee &owth Mgmt. • Budget fib- ° Sd. Boord/Committee off. Committee ~ I&A Water ° Caucus Committee - Housing Code Task Force • I-5/217 Soard Social Services ° steering . mayor es Appt. t• Task Force Committee Mayors Appt. Mayors App Mayo.s Appt- Mayor s Appt- Regional Water N1ACC ° Wash. Co. Consortium ° ' Willamette Coordinotina Water Supply Com. Agency Western Bypass Steering Com. Washington Square Regional Task Force Vacancies or consideration of nominations: ° Budget Subcommittee - Events . Central Business bistrict Association Cooperative Ubrary Advisory Board? . park Recreation District (A'tfalati) . Transportation Bond Measure Washington County Consolidated communications commission? . County Medical Services Policy Board Washington Regional Task Force' .\ADMC ~~"cI~a►A TRIX ooc ix Cound/Staff Liaison Appointment Matr - Page 5 L a WASHINGTON COUNTY (,S4 q OREGON ~ JAN 1 i 19Ag December 31, 1998 Jim Nicoli, Mayor City of Tigard 13125 S. W. Hall Blvd. Tigard, OR 97223 Dear Mayor Nicoli: The Washington County Emergency Medical Services Policy Board's East Cities Representative's position has become vacant. This position is to be filled by an elected official mutually agreed upon by the Cities of Durham, King City, Sherwood, Tigard, Tualatin and Beaverton and will be for the term ending June 30, 1999. If you or any members of the Tigard City Council are interested in filling this position, please let me know before February 1, 1999. If you have any questions regarding this position or its responsibilities please give me a call at 648-8699. Sincerel Steve Dar- n1 Senior EMS ordinator Emergency Medical Services Office 111 NE Lincoln Street, Suite 120-L, MS 23, Hillsboro, OR 97124-3082 phone: (803( 648-8699 - fax: (503) 693-8996 - E-mail: emsQco.washington.or.us MEMORANDUM CITY OF TIGARD TO: Honorable Mayor and City Council FROM: William A. Monahan, City Manager DATE: December 22, 1998 SUBJECT: Washington County Consolidated Communications Agency Representation Councilor Bob Rohlf has been our primary representative to the Washington County Consolidated Communications Agency (WCCCA) for the past few years. I have served as his back-up. Since the City's representative to the Agency needs to be either an elected official or a city employee, it is necessary that Council choose its primary and back-up representatives. After serving one year as Tigard's representative to the Board of Commissioners, Bob Rohlf recognized that the major decisions are made at the Executive Board level. As a result, he submitted his name for consideration as a member of the Executive Board and was elected a few years ago. He served in that capacity through this month. Occasionally when Bob was not available for the meetings, I represented the City and was able to participate at both the Board or Commissioners and Executive Board level. WCCCA normally meets on the third Thursday of the month. The Executive Board meets monthiy, while the Board of Commissioners meets on a quarterly basis. However, over the past year, the schedule varied. For the first three months of 1999, the meetings are as follows: January 21 (the Budget Committee meeting where officers and the Executive Board are elected) February 18 March 11 Memo to City Council - re WCCCA 12/22/98 - Page I a e In addition to the City's representation on the Board of Commissioners and E-Board, there is an opening for the City's citizen member of the Budget Committee. The Budget Committee is comprised of the Board members and any appointed city representatives.. Budget Committee citizen appointments are for a term of three years. The Budget Committee usually meets two or three times in the first quarter of each year, with the first meeting being held on January 21, 1999. At this time the City of Tigard does not have a representative on the committee. Bob Rohlf has indicated an interest in this position, if the Council would like to appoint him. I believe that WCCCA will be dealing with some very important issues over the coming year. In particular, there is a need for analysis of whether the organization should seek a bond measure in November, 2000 for the Phase 2 project. If you recall, the Phase 2 upgrade to the system's capital facilities was discussed during the prior year. On December 17 the Board voted to establish a committee to research, develop, and implement an action plan for funding of the Phase 2 project. The committee will consist of seven to nine members, including Hillsboro, Washington County, TGIF&R, Beaverton, and Tigard. Our representative will serve on this important committee. If Council would like for me to serve on this committee as the City's primary representative, I would be willing to do so. I would also seek membership on the Executive Board. I would, however, need a Council representative as my back-up. Action requested: Council should designate the primary and secondary Tigard representatives to WCCCA. In addition, Council should consider whether to appoint a citizen member of the Budget Committee. Appointments should be made prior to the January 21 Budget Committee meeting. WAM\jh \\TIG333\USR\DEPTSWDM\B ILL\122198-1.DOC.RTF Memo to City Council - re WCCCA 12/22/98 - Page 2 ~1111111IIIII II ~~iiii 1--g-gil I I r WASHINGTON COUNTY OREGON c:;tt JM I I W;9 December 31, 1998 Jim Nicoli, Mayor City of Tigard 13125 S.W. Hall Blvd. Tigard, OR 97223 Dear Mayor Nicoli: The Washington County Emergency Medical Services Policy Board's East Cities Representative's position has become vacant. This position is to be filled by an elected official mutually agreed upon by the Cities of Durham, King City, Sherwood, Tigard, Tualatin and Beaverton and will be for the term ending June 30, 1999. If you or any members of the Tigard City Council are interested in filling this position, please let me know before February 1,4999. If you have any questions regarding this position or its responsibilities please give me a call at 648-8699. Sincerel Steve Dar Senior EMS ordinator Emergency Medical Services Office 111 NE Lincoln Street, Suite 120-L, MS 23, Hillsboro, OR 97124-3082 phone: (503) 648-8699 a fax: (503) 693-8996 a E-mail: ems@comashington.or.us 01%11199 MON 12:38 PAX 6938996 EMS 0001 WASHINGTON COUNTY EMERGENCY, MEDICAL SERVICES OFFICE FACSIMILE TRANSMITTAL SHEET 0 TOCkKq]Dt e,, ROM: Steve I.Dargan, Senior EMS Coordinator COMPANY:* C t ATE: B AX NUMBER: 26 `4 - -701 TOTAL NO. OF PAGES INCLUDING COVER: HONE NUMBER: REGARDING: U URdENT F.Y.I. O. PLEASE COMMENT Q PLEASE REPLY N®TESICOU[N ENTS: T6uc; eo~ euer%y* O~eA MOACIn c_4+ &.CUem kpf_. Tl ~ Juvenile Serhees.Building, Suite 120L • 111 N.E. Lincoln Street, MS# 23 a Hillsboro, OR 97124 Phone: (503) 648-8699 • Fax: (503) 693-8996 s Trmail: ems&o.washingtomor us jj~ 01/11/99 MON 12:38 FAX 6938996 EMS Q002 • 832.040 Washington County Code 832.040 Compliance required. A. It is awful for any person to provide or allow to be provided emergency ambulance services in the county without first o a licrnseto operate an ambulance B. It is unla for any person to operate, or allow to be operated, an ambulance in the coun or emergency Ilse, other than tra rting patients from outside the county to within the county, unless a valid balance license has been issued for th vehicle-e-di£e6tep"~;~s' C. It is unlawful for licensee to operate, or allow to be operated, an atttbulance or emergency transport that is not equipped and att ded as required by rules adopted pursuant to this chapt or to operate or allow to N/1 1. x . e* us& be operated an ambulance in anuer in violation of this chapter or the rul D. "To allow to be provided or rated' does not include mere issuance of a b ess license or land use approvaL (Ord. 277 § % 1983) 832.050 EMS policy board-Crea There is created an EMS policy boar which shall consist of the flowing five members: A county commissioner appoin by the boardl who all be the chairman of the policy board; Two city council, members or mayo to be appointed the incorporated cities in Washington County. Selection of. members shall be in accordance with pr dares a5 t forth in by-laws of the EMS policy board. No two members shall be from the same- city, and Two members of the board of directors rural fire protection district, to be appointed by the district boards, in accordance with procedures as set fo by-laws of the EMS policy board. No two members shall be from the same district. (Ord. 277 § 5(A), 19 B. An alternate polieyboard member shall bezel cd to scrvc en a policy board member is required to abstain: pursuant to Section 832.195 B. The alternate s be selected is ccordanc:e with Section A, unless there is no eligible person. In that event the alternate sh the chairman o(th board of commissioners or a coII rn loner selected by the board whose district cncom es some portion of the g graphic area of the county served by the Abstaining polity board member. The al to shall have all of the autho "ty and duties of a permanent member, except that the alternate shall be limit o participation in only those matters airing abstention by the permanent member. The duties of the perm t policy board member, as regards all o er matters,shail not be affected. i C. A policy board member designate a non-voting alternate to paiticip a and report to the member on those occasions when the me r is unable to attend a meeting of the policy bo 832.060 EMS pal' board-Membership. . Policy board mem be elected public officials. The members of the policy board rve without compensa- tion and may be rem ed by a majority vote of the members of the relevant appointing bod r bodies. (Ord. 277 § 5(B), 1983) -an 832.070 MS policy board-Term. Terms of office shall be two years with a limit of two consecutive terms, except that the initial term o ne repre- sentative from the cities and one from the districts shall be one year as decided by lot. Membership shall irn iately cease upon leaving public office and a vacancy shall e)dst until a new representative is appointed by the r vast bVI or bodies to serve out the remaining term. Terms shall expire oa June- 30th. (Ord. 277 § 5(C), 1983) ~~a V x. y yew. +w..r•••a W'o R » `0 ffi0gift' '3pyt~ax{ »»Sx.ww. n.wan:oiM.•as>na•rw nSowe»ww:w. i Fauthority 80 EMS policy board-Authority and duties. e policy board is delegated the authority, duty and responsibility to administer this chapter, subject to the ultimate ` of the board of commissioners. More speci:9cally, the policy board shall: Oversee the operation of the licensing, inspection and regulatory system adopted bthis chapter; Hear and determine appeals of license denials or revocations by the, r taF p li t_' and final decisions thereon; and sai~h ethef per- C. ,ake recommendations3,r>~`'s co the duties and authority of 4 • • 01/11/99 MON 12:89 FAX 6938996 EMS 0 003 ' Wasbington County Code 8.37=0 D. Conduct heww'o on and take action on administrative rules proposed under this -chapter; and ercue such other powers and perform such other duties :ss are set [orth by resolution and order of the board to effectuate this chapter. (Ord. 277 § 5(D), 1983) ' 832. DiMCAG ~f " '-Appolntment. Upon eation and f ux of the position by the board of commissioners, the county administrator shall ap t an EMOrd. Z77 § 6(A), 1983 832.100 Duties. The EM shall administer and enforce this chapter and shall p-rform su duties as aFe } Nom'"`. fl or by resolution and der of the board. aim ses<fef}' . county (Ord. 277 § 6(B), 19 832110 tee Authority. The ll have the authority to issue, suspend or revoke licenses, opose administrative rules or amendments thereto, adopt mergency rules, , s 1,;~n` " cek judicial enforcement of this code and take such other 'on to carry out this chapter and the rules ado ed pursuant thereto. (Ord. 277 § 6(C), 1983) 832120 EMS advisory council- rested-Membership. There is created an EMS advisory co ' which shall consist of the f owing A. one -eb ei~sia The of this 4aptsr- as PEOW ne gemEal-representadve from the un P&j One representative from each medical r ce hospital in the coup, One representative from each rural fire on district r M One representative from cacti design ed 911 crgenry communications center; lr . One representative from each pri to service provi r licensed o do business in the county; and One member of the public no 'ated with the health a industry, to be appointed by the county board of commissioners. (Ord. 277 § 7(A), ) 832.130 EMS advisory council duct=s generally. The members of the EMS co a' all be appointed by the governing body or ther appointing authority of cash respeaim organization. Members serve without compensation and at the pleas of the organization represented The terms of office shall be two y s . The council shall N adopt rules of procedure s a quorum, meeting times and other procedural ma ers. The board may appoint additional nonvo ' advisory members by resolution and order. (Ord. 277 § 7 1983) 832.140 EMS visory council-Duties. The EMS coil all advise the board of commissioners and the policyboard on all.matters re to emergency medical fcaf . The speafie authority, duties and responsibilities of the council shall be blished by the policy board. (O 277 § 7(C), 1983) 5 C f 1/a AGENDA ITEM # FOR AGENDA OF 1/12/99 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ecreation District Task Force ISSUE/AGENDA TITLE Appointment of R resentatives to the Park and R -Lwl PREPARED BY: Bill Monahan DEPT HEAD OK CITY MGR OK fA~" ISSUE BEFORE THE COUNCIL Should the City Council create a Park and Recreation District Task Force to study whether a Parks and Recreation District should be formed to serve Tigard citizenry? In the alternative, should the City submit names of City representatives to serve on a task force to be formed by a non-profit agency? Also, should the City expend up to $15,000 as its contribution to the activities of a task force? The minutes of the City Council meeting of October 20, 1998 where representatives of the Atfalati Recreation District met with Council indicate that the City Council was interested in working with the non-profit organization to explore the interest in forming a Parks and Recreation District. At that time, Council discussed keeping the Atfalati effort separate from the City; however, with City financial support. The Council agreed by consensus that they favored allocating $15,000 to the effort. David Nicoli, President of Atfalati Recreation District, submitted the attached letter requesting that the City approve the task force members as submitted. This letter was generated jointly by Mr. Nicoli and City staff. Council should determine whether the City wishes to create the task force as a City task force, or to require that the task force be created separate from the City of Tigard, with the City an active participant. STAFF RECOMMENDATION Staff recommends that the City Council consider the pros and cons of creating a City sponsored task force. If the task force is formed by the City, the City could accept contributions of funding to cover the total cost of $35,000 identified, by Dave Nicoli as the cost estimate for consultant work to assist a task force. However, if the City is to form the task force as a City task force, it is expected there will be additional costs related to supporting the task force. INFORMATION SUMMARY Atfalati Recreation District has prepared a draft list of Tigard residents who have agreed to work on a task force to evaluate the interest in the community to form a Parks and Recreation District. The City is interested in having two representatives, one Council member, and Ed Wegner, City Public Works Director. The City Council also indicated at its October 29, 1998 Work Session that it is willing to contribute up to $15,000 to the work of the task force. Council needs to decide: 1. Should the task force be formed by the City of Tigard? 2. What Council member should be designated as the City's representative on the task force? 3. Should Ed Wegner, City Public Works Director, be designated as a member of the task force? 4. Should the City expend up to $15,000 toward the activities of the task force to hire a consultant? OTHER ALTERNATIVES CONSIDERED 1. Not participate in the task force. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY Goal No. 2, Strategy #2 - under Urban and Public Services - is to "create a task force regarding development of a park and recreation district." FISCAL NOTES The City contribution would be in the amount of $15,000. \\T I G 333\U S R\D E P TS W D M\ B I L L\ P K S S U M. D O C. D O T A uliuaiaa ua:i5 Ks1 uu~ AN ATF TI RECREATIONAL DISTIUCT January 4, 1999 Mayor Jim Nlcoli Tigard City Council 13125 SW Nall Blvd Tigard, OR 97223 Subject: Recreational District Task Force Attached you will find a list of. igard area residents who have agreed to join our Task, Force to form a parks and recreational district. 1, hereby, request the Tigard City Council to approve the following: 1 Please approve the Task Force members as submitted 2 Please name one City Council person and Ed Wegner to be on our Task Force 3 Please approve the expenditure of up to $15,000 to hire and retain a consultant to assist the Task Force. This money will need the approval of Ed Wegner and the City Manager l would like to fake this time to thank Liz Newton, Ed Wegner, and the City staff for helping me compile this list of Tigard area residents for the Task Force. Thank you for your time and consideration. Sincerely: E! lati Recreati al District i?avid P_ Nicoll, President 196W SW CIPOLE ROAD ~ VIAL'ATM, OR 97062 ~ 503 612-8200 I PARS{ & R.EC TASK FORCE DRAFT LIST NAME ADDRESS HOME PHONE WORK PHONE Bob Rohlf 12430 SW Dakota 590-7654 Tigard, OR 97223 Ed Halberg 12630 SW Glacier Lilly Circle 524-8286 Tigard, OR 97223 Michael O'Loughlin 13414 SW Hillshire Drive 524-7158 246-8291 Tigard, OR 97223 Dan and Mary Grass 14246 SW 133 Avenue 579-1935 684-1020 Tigard, OR 97224 Dave Nicoli 14180 SW 141 Avenue 590-0737 692-6080 Tigard, OR 97224 John Anderson 14468 SW Scarlett Place 590-5356 Tigard, OR 97224 Bruce Ellis 14396 SW Tewksbury Drive 590-4849 612-8208 Tigard, OR 97224 Valli Brunken 14950 SW Chardonnay Avenue 590-6162 Tigard, OR 97224 Wes Muir 13042 SW Timara Lane 684-8233 227-6000 Tigard, OR 97224 Pat Whiting 8122 SW Spruce 246-7172 Tigard, OR 97223 Mark and Susan Mahon 11310 SW 91' 684-6102 244-2000 Tigard, OR 97223 Martha Bishop 10590 SW Cook Lane 639-1052 Tigard, OR 97223 Craig and Jackie Dirksen 9131 SW Hill Street 620-4829 Tigard, OR 97223 Jan Carlson 9747 SW Elrose Street 684-0556 Tigard, OR 97224 Ed Murphy 9875 SW Murdock Street 639-5361 Tigard, OR 97224 Phil Pasteris 8935 SW Pinebrook Street 639-9740 Tigard, OR 97224 Bob Gray 10730 SW Highland Drive 639-4069 692-4675 Tigard, OR 97224 Russ Blake 14825 SW 92 Avenue 639-9793 Tigard, OR 97224 Sue Kasson 16570 SW 93 620-9771 Tigard, OR 97224 Pat Furrer 10414 SW Bonanza Way 620-5750 620-4540 Tigard, OR 97224 Gordy Kribs 15085 SW Dawn Court 620-9471 Tigard, OR 97224 Liz Clark 7575 SW Vims 620-1066 Tigard, OR 97223 HAkristicHarkrec.doc Ron Hudson Tigard School District 23J 684-2235 13137 SW Pacific Hwy Tigard, OR 97223 Tom Kurt Tigard School District 23J 684-2192 13137 SW Pacific Hwy Tigard, OR 97223 Rich Carlson 1500 SW 1 Avenue, Suite 1170 224-0871 Portland, OR 97201 Linton VonBeroldingen 15720 SW Serena Court 620-4245 Tigard, OR 97224 H:%kristie\parkrec.doc LM AGENDA ITEM # FOR AGENDA OF January 12. 1999 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Washington County Consolidated Communications Assocation (WCCCA) Representative PREPARED BY: Bill Monahan DEPT HEAD OK CI Y, GR OK IfIvs ISSUE BEFORE THE COUNCIL The City is entitled to have one primary and one secondary representative on the WCCCA Board of Directors. STAFF RECOMMENDATION Bill Monahan has served as Tigard's secondary representative to WCCCA. The primary representative for the past several years was Councilor Bob Rohlf. Staff recommends that Bill Monahan be appointed as the primary representative, with a secondary representative from the City Council. INFORMATION SLTNIlVfARY Attached is a memo dated December 22, 1998 explaining the WCCCA position and issues that will be faced by WCCCA in the next year. Council also has an opportunity to submit the name of a Tigard citizen to serve on the WCCCA Budget Committee. If Council wishes to submit a name to the Budget Committee, Bob Rohlf has indicated an interest. OTHER ALTERNATIVES CONSIDERED 1. Appoint a Council member as Tigard's primary representative. .2. Make no appointment to the Budget Committee of WCCCA. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY N/A FISCAL NOTES N/A UTIG333\USR\DEPTS\ADMM31 LL\W CCCASUM.DOC Item No. F urn ll Newsletter dated MEMORANDUM CITY OF TIGARD TO: Honorable Mayor and City Council FROM: William A. Monahan, City Manager DATE: December 22, 1998 SUBJECT: Washington County Consolidated Communications Agency Representation Councilor Bob Rohlf has been our primary representative to the Washington County Consolidated Communications Agency (WCCCA) for the past few years. I have served as his back-up. Since the City's representative to the Agency needs to be either an elected official or a city employee, it is necessary that Council choose its primary and back-up representatives. After serving one year as Tigard's representative to the Board of Commissioners, Bob Rohlf recognized that the major decisions are made at the Executive Board level. As a result, he submitted his name for consideration as a member of the Executive Board and =r.s elected a few years ago. He served in that capacity through this month. Occasionally when Bob was not available for the meetings, I represented the City and was able to participate at both the Board or Commissioners and Executive Board level. WCCCA normally meets on the third Thursday of the month. The Executive Board meets monthly, while the Board of Commissioners meets on a quarterly basis. However, over the past year, the schedule varied. For the first three *months of 1999, the meetings are as follows: January 21 (the Budget Committee meeting where officers and the Executive Board are elected) February 18 March 11 Memo to City Council - re WCCCA 12/22/98 - Page 1 Y In addition to the City's representation on the Board of Commissioners and E-Board, there is an opening for the City's citizen member of the Budget Committee. The Budget Committee is comprised of the Board members and any appointed city representatives.. Budget Committee citizen appointments are for a term of three years. The Budget Committee usually meets two or three times in the first quarter of each year, with the first meeting being held on January 21, 1999. At this time the City of Tigard does not have a representative on the committee. Bob Rohlf has indicated an interest in this position, if the Council would like to appoint him. I believe that WCCCA will be dealing with some very important issues over the coming year. In particular, there is a need for analysis of whether the organization should seek a bond measure in November, 2000 for the Phase 2 project. If you recall, the Phase 2 upgrade to the system's capital facilities was discussed during. the prior year. On- December 17 the Board voted to establish a committee to research, develop, and implement an action plan for funding of the Phase 2 project. The committee will consist of seven to nine members, including Hillsboro, Washington County, TVF&I2, Beaverton, and Tigard. Our representative will serve on this important committee. If Council would like for me to serve on this committee as the City's primary representative, I would be willing to do so. I would also seek membership on the Executive Board. I would, however, need a Council representative as my back-up. Action requested: Council should designate the primary and secondary Tigard representatives to WCCCA. In addition, Council should consider whether to appoint a citizen member of the Budget Committee. Appointments should be made prior to the January 21 Budget. Committee meeting. WAM\jh \\T1 G333\US RED EPTS W DM181 LL\122198-1. D OC. RTF Memo to City Council - re WCCCA 12/22/98 - Page 2 • 1 AGENDA ITEM # I O FOR AGENDA OF 1/12/99 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUEIAGENDA TITLE A intment of Washin on Square Task Force Member PREPARED BY: Nadine Smith DEPT HEAD OK CITY MGR OK ISSUE BEFORE THE COUNCIL Should the City Council and Mayor appoint a new Washington Square task force member? STAFF RECOMMENDATION Council may choose to appoint another Councilor to the Task Force or to appoint a citizen to represent the Council. Bob Rohlf, the current Council representative has expressed an interest in continuing as a citizen representative. INFORMATION SUMMARY Councilor Rohlf has represented City Council on the Washington Square task force since it's inception last summer. The task force is currently a 25 member working committee that is considering future land use, transportation, and design issues for the area around Washington Square. Mayor Nicoli is also a member. Since Bob Rohlf is no longer a City Councilor, Councilor can choose to appoint another Councilor onto the task force, choose a citizen, or to reappoint Mr. Rohlf as a citizen representative who can continue to report to Council on the progress of the committee. OTHER ALTERNATIVES CONSIDERED None considered. i i i FISCAL NOTES None Q8/ KOM NO. For Council Newsletter dated CITY OF TIGARD Community Development Shaping A Better Community MEMORANDUM CITY OF TIGARD TO: City Council FROM: Laurie Nicholson, Planning Division DATE:. December 11, 1998 SUBJECT: City Council Representation on the Washington Square Regional Center Task Force Bob Rohlf currently serves as the City Council liaison on the Washington Square Regional Center Task Force. Since he will no longer be on the Council after December, a City Council member will need to be chosen to replace him on the Task Force. The new representative should be chosen in time for her or him to attend the January 20th Washington Square Regional Center Task Force meeting. ~ I-.f r V V V' i~ CITY OF TIGARD, OREGON RESOLUTION NO. 98-1 2 A RESOLUTION BY THE TIGARD CITY COUNCIL TO GRANT AUTHORITY TO THE MAYOR TO SIGN THE WASHINGTON REGIONAL CENTER GRANT INTERGOVERNMENTAL AGREEMENT WITH THE OREGON DEPARTMENT OF TRANSPORTATION WHEREAS, the City and ODOT entered into an intergovernmental agreement to develop a long range comprehensive land use and transportation plan for the Washington Square Regional Center area. WHEREAS, the City Council held a public hearing on Feb. 24, 1998 to review the grant workprogram and grant authority to the Mayor to sign the intergovernmental agreement. NOW, THEREFORE; BE IT RESOLVED BY THE TIGARD CITY COUNCIL THAT: SECTION 1: The City Council approves of Mayor Nicoli signing the intergovernmental agreement with ODOT on behalf of the City of Tigard. PASSED: B 1 JDCLVI i Y7)L)U.S vote of all Council members present this day of ~t Gt .r 1998. Catherine Wheatley, City Recor r J s Nicoli, Mayor Approved as to fo i ~ a C' J Attorney 2 9' Date OFaMNAN%elE. No. 98--LL- Page 1 Project Description The purpose of the Washington Square Regional Center plan project is to address land use and transportation plan changes that will be needed to meet Metro's Region 2040 concept for this area. Changes in the affected local jurisdictions' plans will most likely include promoting a more compact, mixed-use, transit and pedestrian friendly built environment than has been developed in the Washington Square area to date. To support the increased land use density in this area, transportation needs will require evaluation which may lead to possible changes in local transportation plans. Although a map of the proposed study area has been provided as per the TGM guidelines, the first task in this effort is to develop agreement among the City of Tigard, City of Beaverton, Metro, and Washington County on the general boundaries of the Washington Square Regional Center study area. In addition, the study will consider the surrounding community (area of influence) and examine ways to connect this area of influence to the Regional Center while minimizing the impacts. The project team will establish a method of soliciting broad public participation for the area. Public participants should include property owners, business representatives, development representatives, and affected public agencies (Tigard School District, Metro, ODOT, Washington County, City of Beaverton, and City of Tigard). We will also hold an initial public workshop to both educate the public about the Regional Center and to solicit input on the needs of the area. Public participation will play a key role in the development and implementation of the Washington Square Regional Center plan and, therefore, a task force must be developed early in the planning process. With assistance from the newly formed Washington Square Regional Center task force, land use and design needs will be determined for this area. We will consider types and densities of land uses required to encourage walking, bicycling, and use of transit, which is the vision for the regional centers. Land use considerations will be evaluated in terms of the Metro 2040 vision, the local vision and also the needs of neighboring residential areas such as the Metzger area. This plan will also need to give special consideration of the Tigard School District since Metzger school is located in the Regional Center in addition to other institutional needs for the area. The study will also consider the water quality issues associated with this area as well as examining open space requirements. In terms of land use designations, the project team will evaluate the applicability of Tigard's Mixed-Use Employment zone and comprehensive plan designation to Tigard's portion of the regional center. This effort may require changing zone standards for the Mixed-Use Employment zone designation, or development of 1 new zone designations, or the inclusion of overlay zones for the Washington Square Regional Center. Other involved jurisdictions will alsc need to evaluate zoning and comprehensive plan needs for their respective portions of the Regional Center. Transportation will also play a key role in determining the success of the Regional Center. A transportation analyst will review past transportation studies and determine what further studies need to be completed. Obviously, one study to be completed would be to determine the =adequacy of the transportation system to support Regional Center type land use densities. The transportation analyst will also evaluate the circulation of the Washington Square study area in terms of pedestrian, bicycle, and transit. The location of Metzger school will play a unique role in the Regional Center plan. Because of its location in close proximity to Lincoln Towers area, consideration needs to be given on whether or not the school is located in an appropriate area. If it stays, plans need to be made so that the school is accessible by bicycle and walking. The City is also applying for a grant to provide planning for safe routes to schools. This school is an excellent example of an area that is in need of safe routes to and from school for children. Involvement from the school district will play a key role. The primary final products will include: o a set of Zoning Ordinance and Comprehensive Plan amendments that provide higher density and intensity of mixed use development in the Regional Center; Circulation and Parking Plans that include recommendations on the management of transportation system impacts within and around the Regional Center and that encourage the use of walking, bicycling, transit, and manage congestion with increased development in the Regional Center; O tables with maps summarizing developmentiredevelopment potentials; • ordinance and comprehensive plan language for each of the affected jurisdictions; • any proposed transportation plan changes for each of the affected local jurisdictions; ' Regional Center boundaries ® a basis for agreements between Tigard, Beaverton, Washington County to develop a coordinated planning process for the Regional Center Project Objectives A. To develop a set of Zoning Ordinance and Comprehensive Plan amendments that will achieve compact urban growth by providing higher densitiesrntensity mixed use development opportunities with corresponding design standards 2 for high quality development and redevelopment projects in the Regional Center. To support the type of land uses in this area, a comprehensive transportation plan must be developed that will encourage use of alternative forms of transportation. These land use and transportation objectives will facilitate implementation of the Metro 2040 Growth Concept Regional Center designation in the Washington Square area. B. To complete a parking plan for the Regional Center that accommodates future transportation needs based on higher densities and intensities of land development and available land area but also achieves related statewide Transportation Planning Rule (TPR) requirements (660-12-045). This parking plan will be included in the Transportation Comprehensive Plan for the Washington Square Regional Center. To meet any other TPR requirements and Metro Urban Growth Functional Plan Title 2 requirements. C. To develop a Transportation Master Plan for the Regional Center and impact area, centering around Washington Square mall, that includes necessary improvements to the bicycle, pedestrian, and manages traffic congestion based on the impacts of future development. To meet the TPR (660-12-060) and the Metro Growth Urban Functional Plan Title 6 requirements. D. To increase pedestrian and bicycle trips within the Washington Square Regional Center Area. One way to achieve a higher number of bicycle and pedestrian trips in the area is to identify areas where bicycle and pedestrian connections need to be made between adjacent land uses. A product of this effort will be a list of needed pedestrian and bicycle improvements for this area to be included in each affected jurisdiction's capital improvement program. Team member roles Nadine Smith, Planning Supervisor for the City of Tigard, will provide overall supervision on the general direction of the grant. Laurie Nicholson, Associate Planner for the City of Tigard, will coordinate the daily tasks for the grant. Brian Embley City of Tigard Associate Planner, will serve as a GIS resource. John C. Spencer, Principal of Spencer & Kupper, will act as the contact person with the City and TGM staff, and will serve as the overall project manager for the consulting team. Beth Wemple of Kittelson & Associates will be responsible for transportation related work elements. Urban design and planning tasks will be the responsibility of Lloyd D. Lindley. Public involvement will be coordinated by Elaine Cogan of Cogan Owens Cogan. DBE Statement 3 Spencer/Kupper commits to using the following subconsultants to perform the following listed tasks: • Claire Levine Research and Writing-research, report writing, project communications • Christine Rains Graphic Design-publications, graphic design, presentations • Nevue Ngan Associates-CAD/GIS services • SRI/Shapiro/Agco-Water quality and environmental studies Spencer/Kupper commits to utilizing these DBE firms for 11 % of the amount of grant money, or for $17,600. Work program Phase I: Public Involvement Program Task 1: (A) Establish a public involvement plan. (B) Research materials to support the public involvement plan. Objective: To develop a systematic, informed public involvement strategy. Methodology: Research and write the public involvement plan. Personnel & Hours: John Spencer: 8 hours Elaine Cogan: 40 hours Laurie Nicholson: 30 hours Products: A memo will be developed outlining the public and agency involvement strategy. Schedule: Months 2-3 Task 2: Form a Washington Square Regional Center Task Force to help develop, review, and provide comments on project work program elements. Notify existing groups, individuals with interest in the Washington Square Regional Center of project elements and processes. Objective: To develop an informed and communicative constituency for the project and to act as a sounding board for development of project objectives and implementing measures. Methodology: The Public Involvement member of consultant team will further define a public involvement strategy which may include visioning workshops and focused presentations. Solicit members through publications, phone calls, written communications, presentations of neighborhood and business 4 associations, and other groups. Develop a meeting schedule for participatory groups. Personnel & Hours: John Spencer: 8 hours Elaine Cogan: 8 hours Products: A mailing list of citizen participants for different elements of the project. A meeting schedule for public participation on the different project elements. Schedule: Month 2-ongoing Task 3: Conduct meetings of the Washington Square Task Force, and make community presentations on project elements throughout project process. A task force would be formed of all key stakeholders: citizens, developers, property owners, and public agency representatives. Objectives: To carry out a public participation program that obtains community and policy input throughout the project. The following agencies shall be involved with the task force: ODOT, Metro, City of Beaverton, Tri-Met, DLCD, and Washington County. Representatives from these agencies shall be approved by the Washington Square Regional Center Project Management Group. City of Tigard staff shall approve the Washington Square Task Force members. Task Force members shall be expected to coordinate with their respective agencies and/or constituents, in addition they shall be expected to participate in Task Force meetings as reasonably expected. i Methodology: Conduct meetings and schedule presentations in the community as appropriate for project elements. Maintain minutes of meetings and provide necessary follow-up to enhance public participation. Personnel & Hours: John Spencer: 48 hours Eiaine Cogan: 48 hours Beth Wemple: 32 hours Lloyd Lindley: 48 hours Products: Meeting agendas, meeting minutes and backup materials. Revisions to materials. Meeting agendas will be made available to all meeting participants one week prior to the meeting. Schedule: Ongoing throughout the project. 5 Task 4: Develop and carry out technical advisory group meetings as appropriate, to provide technical input on work program elements. Objectives: To include the participation of relevant agencies in technical review of work program elements. (Methodology: Identify appropriate agency staff to participate in technical advisory groups. Establish meeting schedules based on work program elements. Conduct meetings and update work program accordingly. Personnel & Hours: John Spencer: 30 hours Elaine Cogan: 15 hours Beth Wemple: 30 hours Lloyd Lindley: 30 hours Products: Meeting agendas, meeting minutes, meeting backup materials, and correspondences. Meeting agendas and review materials will be made available to all meeting participants one week prior to the meeting. Schedule: Ongoing, as necessary, throughout the project. Task 5: Hold public workshops. Objectives: To provide opportunity for the general public to gain information concerning the regional center and provide input to the planning process. Methodology: Develop communication materials and conduct up to two public workshops. Personnel & Hours: John Spencer: 20 hours Elaine Cogan: 20 hours Beth Wemple: 16 hours Lloyd Lindley: 16 hours Products: Meeting agendas and meeting minutes. Schedule: Ongoing, to be established by the public involvement plan. Phase II: Boundary Definition and Data Collection Task 1: Collect and review all existing, relevant land use and policy documents, including, Metro Functional Plan, Tigard comprehensive plan, traffic studies, transportation data, and transportation existing conditions data. 6 Objective: To assemble all relevant information that may be useful in developing the regional center plan, which may include maps, tables, and descriptions, (this is not a complete list of all relevant information that may be used). Methodology: City staff will collect background reports, maps, and data, and compile an inventory list. Staff vvill also contact and collect reports, maps, and data available from other jurisdictions and compile inventory. Staff will meet with consultant team to review available information. Consultant team will review background information and utilize in subsequent work as appropriate. Personnel & Hours: John Spencer: 8 hours Beth Wemple: 8 hours Lloyd Lindley: 8 hours Products: Inventory list and minutes from team meeting. Schedule: Months 2-3. Task 2: With the involvement of the task force(s), define the regional center boundary and study area. Objective: To define the boundary of the regional center areas of interest to the regional center. Methodology: City staff and consultants will work to build consensus among the stakeholders regarding the boundary of the regional center and the areas of interest to the regional center. Personnel & Hours: Nadine Smith: 12 hours John Spencer: 20 hours Beth Wemple: 10 hours Products: Washington Square Regional Center boundary and areas of interest Schedule: Months 2-3 Phage III Develoomnt/R veto m n Ogoortunities Task 1: Conduct a detailed inventory of existing land uses including vacant land. Objective: To understand existing uses and scale of development, and vacant land available for development/redevelopment in the Regional Center area. 7 EN NJ Methodology: Map existing uses and vacant lands in the Regional Center, using City of Tigard and Metro inventories. Summarize extent of different uses in study area. the consultant will develop maps with input from the City of Tigard's staff GIS coordinator. Draft ordinance language will be used for modeling future development patterns. Personnel & Hours: John Spencer: 20 hours Lloyd Lindley: 20 hours Products: GIS maps and data, illustrating existing uses and vacant lands in the study area. Summary report on existing uses in study area. Schedule: Months 1-4 Task 2: Begin program to assess potential for development and redevelopment in the short and longer term future based on desired development. This program should include evaluation of institutional, open spaces, residential, and commercial land uses for both short and longer term needs in the Regional Center. At this point staff members and consultants will meet with commercial interests in the area to discuss their future commercial redevelopment plans. The team will also need to meet with representatives from Metzger school to discuss the future of the school in the Washington Square area. Using GIS data from Task 1, a GIS-based model will be developed to test various development/redevelopment strategies identified regarding redevelopment plans. Objective: To learn development and redevelopment potential in the Regional Center area and to improve the GIS modeling capabilities for this area. Methodology: Using information from Task 1, develop several redevelopment/development strategies, using the GIS-based model to test the various strategies. This modeling strategy will include retail and commercial opportunities, housing options, locations of gateways, open spaces and institutional uses. It will also identify constraints to development, particularly water quality issues and interviewing major land owners in the area about their redevelopment interests. Personnel & Hours: John Spencer: 40 hours Lloyd Lindley: 20 hours Products: Summary report with tables and maps depicting development and redevelopment potential. Schedule: Months 4-6 8 Task 3: Develop urban design concepts for the regional center which consider the mix and intensity of land uses, multi-modal transportation opportunities, open spaces, and their functional relationships. Analyze how these concepts meet evaluation criteria established by the Washington Square Regional Task Force, which will include conformance to Metro Functional Plan standards. Objective: To prepare urban design visions for the regional center and select a preferred urban design plan. Methodology: Utilizing information from task 1 and task 2, the consulting team, with task participation, will develop urban design concept diagrams which illustrate arrangement of land use and general intensity, multi-modal access and circulation, open spaces and other features. Consultant will evaluate urban design concepts against project objectives. The Washington Square Task Force and Technical Advisory Group will review and refine the preferred concept. (This task depends on a thorough inventory output from Phase 2, Task 9). Personnel & Hours: John Spencer: 30 hours Beth Wemple: 8 hours Lloyd Lindley: 50 hours Products: Urban design concept diagrams (up to three), sketches (up to six), and sections (up to ten), and a brief memorandum analyzing concepts and description of the preferred urban design plan. Schedule: Months 4-6 Task 4: Develop design standards for public improvements and the public realm, which will be developed concurrently with the Washington Square Transportation Master Plan. Objective: To define standards for public and private streets and accesses within the regional center and to define design standards for public and private development within regional center. Methodology: The consulting team will develop draft design standards based on the preferred urban design concept for the regional center and the analysis and recommendations developed for the transportation and parking plans for the area. These design standards will be developed in consultation with the task force and property owners and will be evaluated and be refined. Personnel & Hours: John Spencer: 30 hours Beth Wemple: 8 hours Lloyd Lindley: 60 hours 9 s Products: Draft and final design standards, supporting plans or diagrams (up to ten). Schedule: Months 4-6 Phase IV: Waahiing on Square Regional Center `transportation Master Play, and Parking Plan Task 1: Existing Conditions: To establish existing conditions in the WSRC, review previously performed transportation studies in the study area. Summarize existing conditions and deficiencies from a multi-modal perspective. Existing conditions for the system will be based primarily on available studies and reports and augmented by field observations by KAI staff. Limited additional existing conditions analyses will be performed. It is anticipated that models and analyses previously developed for the City of Tigard will be made available to Kittelson & Associates in electronic format. The existing conditions memorandum will be relatively brief, documenting existing conditions and identifying critical locations that might be conflict points as the plan and vision for the regional center develops. The performance measures used in this analysis will be those utilized in studies previously performed in Tigard. Objective: To develop an understanding of the existing conditions of all modes in the WSRC area. Methodology: To establish existing conditions in the WSRC, review previously performed transportation studies in the study area. Summarize existing conditions and deficiencies from a multi-modal perspective. Existing conditions for the system will be based primarily on available studies and reports and augmented by field observations by KAI staff. Limited additional existing conditions analyses will be performed. It is anticipated that models and analyses previously developed for the City of Tigard will be made available to Kittelson & Associates in electronic format. The existing conditions memorandum will be relatively brief, documenting existing conditions and identifying critical locations that might be conflict points as the plan and vision for the regional center develops. The performance measures used in this analysis will be those utilized in studies previously performed in Tigard. Personnel & Hours: John Spencer. 3 hours Beth Wemple: 104 hours Lloyd Lindley: 4 hours Products: An existing conditions/opportunities/constraints summary memo will be developed. This memo will document observed and previously evaluated conditions for all modes of transportation. 10 Jill Schedule: Months 1-7 Task 2: Future Conditions: Task 2A-Modeling, Analysis and Plan The future conditions analysis will be performed utilizing the travel demand model data previously developed by DKS and Metro for the City of Tigard. Tigard will confirm that the model assumptions are consistent with the regional center requirements established by Metro. Kittelson will work with Metro to revise transportation analysis zones, mode split and base network assumptions as appropriate to reflect future regional center scenarios. Metro will perform all of the travel demand modeling as requested by Kittelson. It is assumed that Metro will provide the appropriate information to develop year 2017 forecasts. Since the Washington Square Area has been designated as a regional center by Metro (and therefore it is accepted that land use composition will change substantially from current comprehensive plan designations) - a future conditions no-build analysis will not be performed. There is no no-build scenario. Wth direction from Kittelson and the project team, Metro will model up to three (3) transportation/land use scenarios for the study area. These will reflect the regional center vision developed by the project team and Task Force. It is anticipated that this will be an iterative process resulting in up to six (6) model runs. The vehicle performance measure for this analysis will be consistent with the two-hour peak operating standards outlined in the Metro Functional Plan. The future vehicle transportation system will be developed based on link level operating conditions with a sensitivity analysis for over-capacity conditions at critical key intersections. Complementary pedestrian, bicycle and transit recommendations will be developed. A brief functional review of the recommended improvements will be performed concurrent with alternatives development to ensure that they are feasible. The feasibility performance measures will be established by the Task Force and project team during alternatives development. It is assumed that aerial and topographic mapping will be made available from the City of Tigard. Objective: To develop an understanding of the future transportation conditions in the WSRC for all modes of transportation. Methodology: To establish future conditions in the WSRC, using travel demand model data previously developed by DKS and Metro for the City of Tigard. With direction from Kittelson and the project team, Metro will model up to three (3) transportation/land use scenarios for the study area. These will reflect the regional center vision developed by the project team and Task Force. It is anticipated that this will be an iterative process resulting in up to six (6) model runs. The future vehicle transportation system will be developed based on link level operating conditions with a sensitivity analysis for over-capacity conditions at critical key intersections. Complementary pedestrian, bicycle and transit 11 recommendations will be developed. A brief functional review of the recommended improvements will be performed concurrent with alternatives development to ensure that they are feasible. The feasibility performance measures will be established by the Task Force and project team during alternatives development. It is assumed that aerial and topographic mapping will be made available from the City of Tigard. Personnel & Hours: John Spencer: 20 hours Beth Wemple: 256 hours Lloyd Lindley: 10 hours Products: A memo outlining the future transportation scenarios for all modes of transportation. Schedule: Months 1-7 Task 213-Alternatives Analysis Memo and List of improvements Once the modeling analysis has been completed, alternative scenarios will be developed that will demonstrate transportation scenarios for all modes of transportation. Objective: To develop an understanding of the future transportation options available for all travel modes in the WSRC. Methodology: Using the future conditions model, scenarios for all travel modes will be developed. Personnel & Hours: Beth Wemple: 76 hours Products: A memo outlining the future transportation scenarios for all modes of transportation. Schedule: Months 1-7 Task 3-Parking Strategy Our review of existing parking conditions in the study area will be based on data provided by Washington Square, the City of Tigard, and surrounding land owners. If insufficient data is available, aerial photography will be utilized. The results of the existing conditions analysis will be limited to a) an estimation of parking supply by land use category and by parking zone within the study area; and b) an estimation of parking utilization by land use category and zone. 12 To ensure that this there is adequate parking to accommodate future increased densities and intensities in the Regional Center and meet related Transportation Planning Rule requirements, Kitteison & Associates will review future parking supply and demand information provided to us by the project team. Our review will provide assistance in identifying parking strategies (i.e. increased transit, shared parking, and parking management) to decrease area wide parking demand. Our review will also generally assess the impacts of parking supply location on the surrounding transportation system. We will not generate future parking supply or demand forecasts. Objective: Ensure that there is adequate parking to accommodate future increased densities and intensities in the Regional Center. To meet related TPR and UGMFP Title 2 requirements. Methodology: Review available research to determine peak parking demand levels for different land use categories and for different peak periods (Christmas, Friday evening, Saturday mid-day...). The project team and Task Force will determine peak condition to be considered in the analysis. Based on the selected peak period, Kittelson will review aerial photography of the study area during the appropriate peak conditions. The assessment will determine the following: a) an estimation of parking supply by land use category and by parking zone within the study area; and b) an estimation of parking utilization by land use category and zone. The evaluation will allow us to determine the range of parking ratios needed for each land use category and zone within the study area. Based on the land use and transportation alternatives developed by the project team, Kittelson will estimate future parking demand by land use category and zone. This will include strategies to reduce parking demand such as increased transit, shared parking, and parking management (review existing comparable land uses). This will allow the project team to develop parking alternatives within the study area. Existing parking within the regional center will be inventoried and analyzed relative to land use, function (tenant, visitor, employees, etc.) and access. Parking needs will be estimated based on anticipated growth within the regional center. Parking strategies will be identified to optimize the utilization of parking spaces including transit, shared parking, and alternative modes. A parking plan will be developed which considers parking location and function, structured, surface, and on-street parking, and parking access. Parking management opportunities will also be assessed which consider parking pricing, employer incentives, adjacent neighborhood impacts and strategies. Personnel & Hours: Beth Wemple: 66 hours John Spencer: 40 hours Lloyd Lindley: 40 hours 13 4 Products: We will prepare a technical memorandum documenting the data analysis and research and describing the parking strategies considered. Schedule: Months 1-7 Phase V• Washington Square Regional Center ImpIemgpJaJLQn Task 1: Draft Zoning Ordinance and Comprehensive Plan amendments that provide mixed use zoning categories and standards, support higher density, and intensity development, and require specific design standards. Development of the Implementation Plan will occur simultaneously with finalization of the Transportation Master Plan phase. Objectives: To develop appropriate regulations to implement mixed use zoning, higher densities and intensities and appropriate design standards for application in the City's Regional Center area. Methodology: Write draft ordinance amendments incorporating relevant information from previous tasks. Personnel & Hours: John Spencer: 100 hours Beth Wemple: 8 hours Lloyd Lindley: 40 hours Products: Draft ordinances for review and recommendation by Planning Commission(s) of respective jurisdictions. Schedule: Months 10-12 Task 2: Complete public hearing process with adoption of Comprehensive Plan and Zoning Ordinance amendments. Consultant will indicate necessary comprehensive plan and development code amendments. City of Tigard staff will draft plan and development code amendments. Objectives: To have Zoning Ordinance and Comprehensive Plan amendments related to mixed use zoning in the Regional Center adopted by City Council. Methodology: Schedule public meetings and hearings. Public meetings may be organized and held according to Regional Center sub-areas. Provide public notice of meetings. Provide draft proposals to the public. Hold public meetings and worksessions with the Planning Commission and City Council. Personnel & Hours: John Spencer: 24 hours Elaine Cogan: 24 hours 14 Beth Wemple: 16 hours Lloyd Lindley: 16 hours Products: Adopted ordinance amendments. Schedule: Months 10-12 15 • SCHEDULE OF LABOR COSTS AND EXPENSES -WASHINGTON SQUARE REGIONAL CENTER Team Spencer & Kittelson & Lloyd D. Cogan Owens (DBE) Totals Kupper Assoc. Lindley Cogan Hourly Rate $100.00 $79.00 590.00 $105.00 $60.00 NA Project Tasks Costs Costs Costs Costs Costs Costs 1. Public Involvement Program 1. Establish plan $800.00 $4,200.00 $5,000.00 2. Form Task Force $800.00 $840.00 5360.00 $2,000.00 3. Task Force Meetings (12) $4,800.00 $2,528.00 $4,320.00 $5,040.00 53,600.00 $20,288.00 4. TAC Meetings (10) $3,000.00 52,370.00 $2,700.00 $1,575.00 $2,400.00 $12,045.00 5. Public Workshops (2) $2,000.00 $1,264.00 $1,440.00 52,100.00 5960.00 57,764.00 ii. Boundary Definition and Data Collection 1. Collect and review all data $800.00 5632.00 $720.00 5480.00 52,632.00 2. Define RC boundary $2,000.00 $790.00 $900.00 $600.00 $4,290.00 III. Development/Redevelopment Opportunities 1. Inventory land uses $2,000.00 $1,800.00 $2,400.00 $6,200.00 2. Assess development/ $4,000.00 $1,800.00 52,400.00 58,200.00 redevelopment potential 3. Urban design concepts $3,000.00 $632.00 $4,500.00 52,400.00 $10,532.00 Design Standards 53,000.00 $632.00 $5,400.00 5480.00 59,512.00 IV. WSRC Transportation and Parking Plan 1. Existing conditions $800.00 $8,216.00 5360.00 $9,376.00 it'ztHitS;. n , >~tttttitC:tcsft►d 23 Future conditions -alter. $6,004.00 $960.00 S6,964.00 analysis memo and improvements 3. Develop Parking Strategy $4,000.00 $5,214.00 S3,600.00 $12,814.00 V. WSRC Implementation 1. Draft ordinance and plan $10,000.00 $632.00 53,600.00 514,232.00 amendments 2. Public hearing process (4) $2,400.00 $1,264.00 51,440.00 52,520.00 $7,624.00 Project Management 514,400.00 514,400.00 Subtotal, Labor 557,800.00 $30,178.00 $32,580.00 $16,275.00 $17,040.00 $153,873.00 Expenses $1,567.00 53,000.00 $500.00 $500.00 $560.00 S6,127.00 Totals, Labor & Expenses $59,367.00 $33,178.00 $33,080.00 $16,775.00 $17,600.00 $160,000.00 and Total $160,000.00 February 9, 1998 TGM PROJECT BUDGET SUMMARY • V w supported by a consensus of the downtown property owners. He mentioned that the Chamber Business Advocacy group acting as facilitators helped move the meeting along in a positive fashion. Mr. Monahan said that the downtown property owners have scheduled a second meeting for Wednesday, May 18 to discuss boundaries for the downtown. Ms. Newton explained that this second meeting was a brainstorming session which the business owners preferred to not have City staff attend but to discuss matters amongst themselves. Mr. Monahan commented that he was encouraged at the variety of interests represented by those who attended the meeting. Councilor Moore mentioned that the City representatives were very clear that staff time was available to assist the group but the downtown merchants had to come up with a plan themselves and submit it for Council review. Mayor Nicoli reported that he and Mr. Monahan met with the railroad people today on several issues. He said that they discussed a prior suggestion of his that the railroad abandon or shift its tracks in downtown Tigard. He explained that the railroad needed only one of the two lines on the south side. He stated that the railroad representative was willing to consider taking out both the tracks, installing a new line as close to the north line as possible, and letting the city have the land. He pointed out that they would have to negotiate with ODOT because technically it was their property. Mayor Nicoli suggested hiring a consultant to investigate how many parking spaces for the downtown they could get out of that land. He pointed out that the City creating a parking lot for the downtown would demonstrate their willingness to help improve the downtown area. He discussed the suggestion made during the meeting last week to eliminate the parking requirements for all or part of the downtown. He said that he thought doing so would encourage the continuation of the revitalization of the downtown area that has been occurring over the past two to three years. Councilor Scheckla suggested installing a restroom facility if they built the parking lot. Mayor Nicoli commented that a parking lot and landscaping would aid the police in monitoring the area. > Washington Square Task Force Mayor Nicoli expressed his concerns regarding the Task Force list. He explained that he wanted to see a balance between property owners (and/or business interests) and special interests where the property owners would have 50% of the vote. He said that he felt more comfortable getting Council input on the list as opposed to approving it on his own authority. Mr. Hendryx explained that the intent was to bring all potential interest groups to the table to avoid potshots from the sidelines. Councilor Scheckla supported the list presented by staff. Mayor Nicoli pointed out that the boundaries of the study have not yet been defined, making it difficult to know exactly who should or should not be included from the outlying areas. He commented that the Triangle Task Force was an active and involved group that he saw as a model for how a task force could work. Councilor Rohif asked if staff had a structure in mind to move the process forward in spite of the diversity of the group. Mr. Hendryx said that staff would work with the consultant to move the process forward. He confirmed to Councilor Moore that there were two groups, the Task Force (a policy group) and the Technical Committee. CITY COUNCIL MEETING MINUTES - APRIL 28, 1998 - PAGE 13 mmi The Council discussed the matter. They directed staff to call down the list to see who was interested. Mayor Nicoli asked to see the final list. > Washington County Long Range Planning Mr. Hendryx reported that staff has discussed with the County the possibility of the City taking the lead in long range planning for the Bull Mountain and Metzger areas, since ultimately the City would annex those areas. He noted the many questions on this matter that he raised in his memo. Mr. Monahan mentioned that the County was not asking for a commitment by the Council, they only wanted to know if the Council was open to the idea. Councilor Moore said that while he was open to the idea he was concerned about reaction from the Metzger residents. Councilor Scheckla said that he was also open to the idea but he wanted more information, especially on what the County would provide to the City to do this. The Council agreed that they were open to exploring the matter. 8. EXECUTIVE SESSION: The Tigard City Council went into Executive Session at 9:58 p.m. under the provisions of ORS 192.660 (1) (d), (3), & (h) to discuss labor relations, real property transactions, current and pending litigation issues. 9. ADJOURNMENT: 10:25 p.m. Attest: Catherine Wheatley, City Recorder Mayor, City of Tigard Date: CITY COUNCIL MEETING MINUTES - APRIL 28, 1998 - PAGE 14 into an active development-review process. He mentioned that jurisdictions such as Lake Oswego and Beaverton had constrictive standards with no flexibility. Councilor Hunt asked if the Design Evaluation Team had reviewed any applications yet. Mr. Hendryx reported that they have tentatively scheduled a meeting this Friday to review the first application, Eagle Hardware. Councilor Scheckla expressed concern that the City keep monopoles out of residential areas and require their removal if not in use. Mr. Hendryx reviewed the provisions in the code that addressed those issues. Mayor Nicoli raised the issue of the Parks master plan. Mr. Hendryx reviewed the Parks master plan process underway. He mentioned the consultant working with a group of citizens and commissioners. Mayor Nicoli referenced a list developed by staff as he reviewed the problems that the Council has had in purchasing land for parks and open spaces under the lengthy traditional process. Since January of 1996, the Council added 44 acres to the existing 236 acres of parklands. They hoped to add another 40 acres soon. He mentioned other properties not included in the total, such as the USA 20-acre property adjacent to Cook Park that USA was converting to wetland and open area, and the County property near Cook Park. Mr. Hendryx pointed out that the lands identified through the Parks Master Plan were also not included in this list. Mayor Nicoli mentioned the possibility of using the Bonneville Power right-of-way and extending the trail system that currently ran from Sunset Highway to the Tigard city limits. He said that right now staff was trying to complete the Tigard pathway system from Scholls Ferry down along North Dakota and into the downtown. They were also trying to purchase additional property up by the water tank site on Bull Mountain. Mayor Nicoli suggested that the City look into joint usage of School District property as neighborhood parks, given the high price of residential land. He noted that this might require City maintenance of part of the school sites. He spoke to the Council addressing maintenance of parkland in the City. He mentioned the understaffed Parks Department and the probable doubling of the amount of park acreage in the near future. He said that the City was carrying a huge reserve of parks SDCs, which coupled with Metro dollars, gave them sufficient money to buy property. Mr. Wilson mentioned another piece of property near the Fowler Middle School that would hook up the trail system to Summerlake, and almost to Cook Park. Mr. Hendryx reported that staff received an DLCD grant for $160,000 to master plan for the Washington Square Regional Center to implement the Metro 2040 vision for the area. He said that once the consultant contract and scope of work was agreed to by the state, it would come back for Council review and approval. He said that they would need participants from the Council and the Commission to work on the task force. Mr. Hendryx said that staff was pulling together a history of the downtown plan to understand what has happened down there. Mr. Monahan reviewed the downtown walkthrough that he, Mr. Hendryx, and Mrs. Wheatley would do next week to distribute the visioning document to businesses and to solicit participation in working with the City. He mentioned a meeting to discuss the 1988 downtown plan and City Center Task Force, to review what has been accomplished in the past 10 years, and to decide if they wanted to maintain that direction or change direction in light of changed conditions and different opportunities. CITY COUNCIL MEETING MINUTES -FEBRUARY 17, 1998 - PAGE 4 ' a CITY OF TIGARD, OREGON RESOLUTION NO. 98-.;;S A RESOLUTION CONFIRMING THE APPOINTMENT OF MEMBERS TO THE WASHINGTON SQUARE REGIONAL CENTER TASK FORCE WHEREAS, METRO identified Washington Square as a Regional Center as part of the Functional Plan; and WHEREAS, - The City received a grant for the completion of the Washington Square Regional Center Plan; and WHEREAS, The scope of work called for the creation of a Washington Square Task Force; and WHEREAS, The attached list of Task Force members represent both local and regional interests; and WHEREAS, The majority of the members on the Task Force represent Tigard's interests; NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: the Council confirms the appointments listed on Attachment "A" to THE WASHINGTON SQUARE REGIONAL CENTER TASK FORCE Section -1 PASSED: This i _ day of A - City of Tigar ATTEST: City Recorder - City of Tigard I:%CRYIMC E%WAS H80.DOC RESOLUTION NO. 98-25 Page 1 Attachment "A" WASHINGTON SQUARE REGIONAL CENTER PLAN POTENTIAL TASK FORCE MEMBERS April 20, 1998 NAME YNTERIEST ADDRESS TEL/FAX 1. Evelyn Beaverton City Council Member PO Box 4755 Beaverton, Tel. 526-2347 Brzezinski 97076 Fax.526-2479 2. Rex Burkholder Executive Director, Bicycle 1117 SW Washington St. Tel. 226-0676 Transportation Alliance (BTA) Portland, OR 97207 Fax. 226-0498 (Bicycle Advocacy) 3. Bill Buckley Tualatin Valley Economic 10200 SW Nimbus Ave., Tel. 620- t 142 Development Suite G-3 Tigard, OR Fax 624-0641 97223 4. Charles Cameron County Administrator, 155 N. 1st Ave. Mail Tel. 648-8685 Washington County Stop 21 Fax. 693-4545 Hillsboro, 97124 5. Ruth Croft Crescent Grove Cemetery & 6060 SW 68th Ct. Tel. 245-0240 Mausoleum (Local business) Tigard, 97223 Fax. 620-1264 6. Dr. Gene Davis Retired veterinarian Foreign Mission Tel. 246-5862 (Development interest) 10875 SW 89th Tigard, OR 97223 7. Jillian Dem,eiler Commissioner's Assistant, 1221 SW 5th Ave. Room Tel. 823-4321 Commissioner Charles Hales, 210 Portland, OR 97204 Fax. 823-4040 City of Portland 8. Cliff E ler Metzger property owner Tel. 246-5423 9. Dan Heagarty Chair, Fans of Fanno Creek PO Box 25835 Portland, Tel. 236-6663 (Watershed advocacy) 97225 Fax. 223-2701 10. Denise Jackson Nimbus Business Commuters; 8920 SW Gemini Dr. Tel. 672-7800 Building Manager, Spieker Beaverton, 97208 Fax. 672-7050 Properties (Business/ transportation association 11. Beth Johnston Associate Vice President, Norris 10300 SW Greenburg Tel. 452-5900 Beggs & Simpson; Project Rd. Fax. 244-4400 Manager, Lincoln Center(Local Tigard, 97223 businesses 12. Jon Kvistad Presiding Officer, Metro Council 600 NE Grand Ave. Tel. 797-1549 (District #3) Portland, 97232 or 590-3282 Fax. 797-1799 13. Dan McFarling President, Association of Oregon 20585 SW Cheshire Ct. Tel. 642-4077 Rail and Transit Advocates Aloha, 97007 AORTA) Commuter rail 14. Ed McVicker Principal, Metzger Elementary10255 SW 90th Ave. Tel. 684-2300 School Tigard, 97223 Fax. 246-9803 1 NAME DiTEREST ADDRESS TEUFAX 15. Lyndon Musolf Principal, Lyn Musolf & 5480 SW Dover Lp. Tel. 768-5103 Associates (Affordable housing) Portland, 97225 16. Adele Newton President, Washington County 7700 SW Alden St. Tel. 244-1934 League of Women Voters (Civic Portland, 97223 interest) 17. Jim Nicoii Mayor, City of Tigard 13125 SW Hall Blvd. Tel. 639-4171 Tigard, 97223 Fax. 684-7297 18. Nawzad Othman President, OTAK (represents 17355 Boones Ferry Rd. Tel. 635-3618 Orland Development) Lake Oswego, 97035 Fax. 635-5395 19. Spieker To be appointed Properties Representative 20. Jack Reardon Manager, Washington Square 9585 SW Washington Tel. 639-8860 Mall (Local businesses) Square Rd. Fax.620-5612 Tigard, 97223 21. Bob Rohlf City Council Member 12340 SW North Dakota Tel. (W) 684- Tigard 97223 8709 22. Ted Spence Tigard Citizen 10430 SW 66th Ave. Tel. 245-1549 Tigard, OR 97223 23. Rick Saito President, Group McKenzie 0690 SW Bancroft St. Tel. 224-9560 (Architectural consulting for Portland, 97201 Fax. 228-1285 Lincoln Center 24. Karen Wagner Executive Director, STOP 15405 SW 116th Ave. Tel. 624-6083 (Transportation Advocacy) 202-B Ti ard, 722,14 25. Pat Whiting Chair, Metzger Park Community 8122 SW Spruce St. Tel. 246-7172 Participation Organization (CPO) Tigard 97223 (Alt. Mike Donovan, Chair, Metzger Park Board) 26. Nick Wilson Planning Commission Member 12573 SW Winterlake Tel. 224-5238 Dr. Tigard OR 97223 Fax. 224-5239 ~I d. Council Deliberation: Resolution No. 98-24 Motion by Councilor Moore, seconded by Councilor Hunt, to adopt Resolution No. 98-24. The City Recorder read the number and title of the resolution. RESOLUTION NO. 98-24, A RESOLUTION BY THE CITY COUNCIL ADOPTING THE PLANNING COMMISSION FINDINGS AND ADDITIONAL FINDINGS (EXHIBIT A) CONCERNING AN APPEAL BY RAZ TRANSPORTATION OF A PREVIOUSLY ISSUED DIRECTOR'S INTERPRETATION RELATED TO THE STATUS OF A NON- CONFORMING COMMERCIAL USE. Motion was approved by unanimous voice vote of Council present. (Mayor Nicoli, Councilors Hunt, Moore and Scheckla voted "yes.") 9. NON AGENDA ITEMS > Washington Square Regional Center Task Force Motion by Councilor Moore, seconded by Councilor Hunt, to adopt Resolution 98-25. The City Recorder read the number and title of the resolution. RESOLUTION NO. 98-25, A RESOLUTION CONFIRMING THE APPOINTMENT OF MEMBERS TO THE WASHINGTON SQUARE REGIONAL CENTER TASK FORCE. Motion was approved by unanimous voice vote of Council present. (Mayor Nicoli, Councilors Hunt, Moore and Scheckla voted "yes.") > Council meetings Mayor Nicoli mentioned Councilor Rohlf's interest in moving the Council meetings to Monday night because of Tuesday night conflicts he was having with his new employment. Councilor Scheckla stated that he would miss half the Monday night meetings because he frequently traveled on the weekends, returning on Monday. Councilor Moore said that he was comfortable with either Monday or Tuesday night meetings. Councilor Hunt said that he had no strong feelings on Monday or Tuesday night meetings. He commented that he liked Tuesday night meetings because it gave the opportunity for Council to consult with staff on Monday to answer questions raised by the Friday newsletter/packet. He agreed with Councilor Moore's concern at moving the meeting to accommodate one Councilor while at the same time penalizing another Councilor. Mayor Nicoli suggested holding one meeting a month on Monday night and the other two meetings on Tuesday. Councilor Hunt commented that doing so would cause a lot of confusion. He asked to discuss the matter when Councilor Rohlf was here. > Paved Parking Lots Mayor Nicoli noted the previous conversations at Council meetings regarding the requirement to pave all parking lots in the city. He suggested asking the Planning Commission to develop a proposal and return with a recommendation to Council on this issue. Councilor Moore agreed CITY COUNCIL MEETING MINUTES - MAY 12, 1998 - PAGE 8 111j- @v1jj1~m1jg1j11j . ~ ~ r B ~'w"~,»~ as ~a k°9 T _ _ - c;IF r CA@dTERBURY 1PlOODS APART@AENT SITE IaroR. I ~ 1 ~ 981.97 5 69'53'03' W 10 11 p°°,~ TRACT "C R fis i 65' 65' fi5' BS' fi0' 69' 69' BO' I I n 10.507 $.F. T!~ f I ~ I /L ~ W i ~ 350.18' N 89'53'03• E 45 44 43 ~ - 8 7,3oe S.F. z15a s,F. ~ 7,154 S.F ~ 7; e?.F = 41 4C 39 38 37 3g ~ ~ ~ 41° I 7,954 S.F ~ 8,571 6. F.: 6,079 S.F" 8,052 S.F ~ tl066 S,F, 7 ~ r1.u 5.1 ~ - I I ~ ' Q L , I ~ I 6fi' fi5' 43' - rt5' I 1 N4 1 LaI~ I, . r ' I I I .----i.l IBB' r,-I _,9 10' ~z 9B' 60' 00' 1 ry- ~ 1 R B~ p ~-__'t_ _ _ ~ ~ ~ _ - -z 4•Ibe' _ -5. w. LADY MARION DR. N r w - - - _ o I; I L• ~ _ - ~ 46 II Lrtx - _ - - a , I 1 I n a 7' 21', J. I .i3 e! W e O ~ ,831 s. P. ' ~'i /.r i5 S.F. ' ' E I ? u ~ - I Y Q , I , T 1 I 8 3 7 0 1 , ' ~ Iiu' I I ~ - - ~ ~ ~ I rc . o ~ •..r .y 34 35 ~.3c~ .,I i ~ 6.v Q •~':d' I 1 _ N Q N ` - - I d ll [[~~f,, ..yyam~ _ 47 - 8,526 S.F ~ d,967 SF n ~ $ Q ~ ~ ✓ ~1 ) 7,150 S.G. ],I'S ~f - a i f ai ~ I ~ ^ I J Y I O I i 21 _ a J,pp(, ~ J,o4J s.F. I i p~ ~ L, 1, - a ~ ' 8 ~ - I'~ a.~ I. I1~ - II y it 48 ~~I 31 6I' 9B' X10 10]' 13 u ~ r (n - 7.294 SF ~,a 1 ~ ~ 4. W L_... IU.026 $.F Ica' i N ~ ~6 a; ; "1 ~ ~ ~ 'I, 1 ~-0 1= 1 s S ~ I s F 1 J,no ~ . 1 u r 1 ° ~ 1 i ~ 49 30 ° 6.IG: SF fr I ° 'tl I 1 '~I c 1o.m9 $.F ~ Ph ~ I - - ~ . 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I a bo\'" 53 10.056 $.F / ~ 1 159y' 11,145 S.F tl'', 121"27 I 9.733 $F ' ~ 11 485 i 122 ' S.F I 2 .1 _'I _ L.>< ,~z' 4.~ >J' 4.7x' ~ ' I ~ 2 Lv P~ S.W KABLE ST. - ~,I _ 20' 20' ° ~ 1 181 nr ~ 4r 5 I ~ 11 ~ . 3.941 $.F. ~ 1 I I•txa' 10,4}* tl9 I-.____ ~ ~ 1v ~ - L~i9 ]T BS' 85' BS' IyIB ~ ~ ~v Q W 1_._....- 3 _ L ' I Q co' 11,609 S.F. Bx. 1 k=ri 9,.\, ob ~ y F 10,987 S. F. n 10477 S.F. - 10,370 SF 10,710 S. F. N 10,370 S.F. _ ~ 4 \ 5. KABLE ST. I- ~ ml TRACT "A" _ Io.an s.F. _ 10 I _ _ _ ~ Y. ICI m WATER ~ „ IO.IB3 S.F. & B ` d - I QUALITY n ~ TRACT "B"1.95 _.r O ~ WATER ~ ~ - 13 1o,zJ3 s.F s QunuTY i-e ~4 ~ - 5,61fi SF. ~ _ ~ ~ '.f' IW' BS' 85' BJ' 100' 25' 25' ~ ` ~ J ' ~ I 976.62' ~ N 89'52'07• E I V I 16 _ , s' ~+ENCE Ihi 3ruxilON ANO NOTES: Bsa~ a ,,;gyp iq~ ~/~q yp~~ A p~p.A. ~.q ~ I sc.:>: i t6.8 tl~~y6dV HOC 7CrBi1~~`►raH3~~ ~-p pppP_g g~ w. ro ~X4Lj0 A PLANNED DEVELOPNIE(d7 1 ~'°'.s~9CYliEtl~S~~ g n `"""`D iIARRIS-AIc~1fONAGLE ASSOCIATES, INC. 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L't'r ,~•,v.. ._....1.s~ ...J.- t., w; r_.__. . t;. .y, tl._ .:C, .t... ..lei .1: ~.L_. ~1-: ~_Y_. _ vL R ! rte.-; v,.:.~:.'.,. iY...Y Y~:'.-.r r.. r, , _,:.1'~.+....: T Y, rz ~ -~i _ It.. r.. r ; f?r.-..1 .;r.« ti'-. ..r.:r. _ ...?83`~~l~'P~",~?i7-.:1 ,..;a,1.9_>az3g9.:~€'4.t73131LrrIf.W+'~i1 TA r1R4 - ,-b ::~is-.-,w.....++.. - _ _ ~ ti-vr.~rord,_.,:-nv. ~t~:,>-..:._. ~r,,.~.a.u,m.,.,.,..«. - 2<eeue.t,3ne. 4 .s. 4 .~8. 9re. .m. - wF~ .-t .a.se~~s ,o Wftlrl"PORT& K ummm-N, 0% wftECAv%Lm =a mm"', ~ FOR CITY 0 1 6 RENEWAL OF MACC/TCI` CABLE SERVICES FRANCHISE AGREEMENT NIACC FRANCHISE CHANGE OF CONTROL FROM TCI TO AT&T WITHDRAWAL OF CITY OF SHERWOOD FROM PAACC By METROPOLITAN AREA COMMUNICATIONS COIIAMlSSION December 1996 e METROPOLITAN AREA COMMUNICATIONS COMMISSION December 1998 TO: MEMBER JURISDICTIONS OF THE METROPOLITAN AREA COMMUNICATIONS COMMISSION RE: REQUEST FOR CONSENT: TCI CABLE SERVICES FRANCHISE AGREEMENT CHANGE OF CONTROL FROM TCI TO AT&T CITY OF SHERWOOD REQUEST TO LEAVE COMMISSION The Board of the Metropolitan Area Communications Commission (MACC) recommends that its member jurisdictions: 1) Approve the resolution granting TCI of Oregon, Inc. (TCIO) a renewal of its cable services franchise agreement; and, 2) Approve the resolution consenting to the change of control of TCIO to AT&T, Inc. (AT&T); and, 3) Approve the resolution granting the request from the City of Sherwood to withdraw from MACC. 1) TCIO Franchise Renewal The recommendation to renew the TCIO franchise with the MACC jurisdictions is the result of three years of work by the MACC Board, staff, and many others. MACC spent two and one-half years developing the community and technical needs assessment which resulted in a proposed franchise which we presented to TCIO in March 1998. The final franchise recommended by the Commission, which closely resembles our original proposed franchise, was negotiated over the last seven months with representatives of TCIO. This report contains an executive summary of the Franchise, answers to frequently asked questions about the renewal, and a copy of MACC's recommendation for jurisdictional approval. The proposed franchise is attached. 2) TCIO/AT&T Change of Control On September 3, 1998, MACC and the member jurisdictions were notified of the proposed merger of Tele-Communications Inc. (TCI), the parent company of TCIO, with AT&T, one of the largest telecommunications providers in the world. Although the actual corporate merger will not take place until the first quarter of 1999, Federal Law requires that local governments holding franchises with TCI either consent or reject this change of control. This report contains an executive summary of the change of control, answers to frequently asked questions about the transaction, a copy of MACC's recommendation for jurisdictional approval, and other background materials for your information. P.a PROVIDING SERVICE SINCE 1980 1815 NW 169TH PLACE, SUITE 6020 • BEAVERTON, OREGON 97006-4886 • (503) 645-7365 - FAX (503) 645-0999 2 3) City of Sherwood Withdrawal from MACC In the fall of 1995, the City of Sherwood expressed an interest in leaving the Commission but did not pursue it further. Walt Hitchcock, Sherwood Mayor-elect, attended the MACC Commission meeting on November 17, 1998, and told the members that he believed that the City was interested in ending its participation in MACC. Representatives of the Commission met with the Sherwood City Council on December 8, 1998. At the conclusion of this meeting, the Sherwood Council members were uncertain as to whether they still wanted to leave MACC. The Council plans to discuss the issue at their meeting on January 12, 1999. The Intergovernmental Agreement (IGA) that forms MACC requires each member jurisdiction to consent in order for any member to withdraw. If Sherwood leaves MACC, the new franchise would not apply to them and their cable subscribers - the City will need to negotiate with TCI/AT&T for their own agreement. The MACC Executive Committee, on behalf of the full Board, is proposing that each jurisdiction pass a resolution enabling Sherwood to leave the Commission contingent on MACC receiving written notice from Sherwood confirming their decision to withdraw prior to January 15, 1999. If the Sherwood Council decides not to withdraw, or do not provide written notice by this deadline, Sherwood remains a member of MACC. If Sherwood remains a member of MACC, the Sherwood Council understands that they will need to adopt resolutions approving the TO franchise renewal and change of control by January 31, 1999. This process and timeline allows the Sherwood City Council adequate time to consider their decision, while allowing the other MACC jurisdictions to take action on the two issues described above and the Sherwood issue and still meet the January 31, 1999 deadline for completion. The votes of each MACC' member jurisdiction -on all of these recommendations -are critical. According to the requirements of the MACC IGA, if a member jurisdiction does not vote to support a MACC Board recommendation, that recommendation fails for all of the jurisdictions. It is also not possible for individual jurisdictions to alter or change the recommended actions - each jurisdiction must either accept or reject them. MACC staff has arranged to visit your jurisdiction in December or January to present you with the resolutions (drafts are enclosed), and to answer your questions on all three important matters. We appreciate your review of the enclosed reports and materials prior to your meeting. Please contact your MACC representative, Sarah Hackett, MACC staff, or me, in the meantime, should you have any questions or need further information on these matters. Thank you in advance for your consideration. Sincerely, Bruce Crest Administrator c: MACC Commissioners TABLE OF CONTENTS MACC Highlights of Recent MACC Accomplishments Page 1-2 TCI FRANCHISE RENEWAL Executive Summary Page 3-5 Frequently Asked Questions About the Franchise Renewal Page 6-7 Ordinance Granting Franchise Renewal Page 8-9 AT&T/TCI CHANGE OF CONTROL Executive Summary Page 10-11 Frequently Asked Questions About the AT&T/TCI Merger Page 12-13 Resolution Consenting to Change of Control Page 14-17 SHERWOOD REQUEST TO LEAVE COMMISSION Executive Summary Page 18 Update on Sherwood MACC Membership Page 19-20 Financial Issues Related To Sherwood's Departure Page 21-23 Resolution Approving Sherwood Termination of MACC Membership Page 24-25 EXHIBITS Exhibit A - PCN User Sites Page 26 Exhibit B - Summary of Transaction - AT&T/TCI Merger Page 27-28 Exhibit C - On-going Responsibilities and Activities of MACC Page 29-30 Exhibit D - TVCA letter re. TCI-Tualatin Valley Franchise Renewal Page 31 Exhibit E - TVCA Community Access Television Fact Sheet Page 32-34 Exhibit F - Letter - Superintendent Russ Joki, Tigard-Tualatin School District Page 35 Exhibit G - MACC Resolution - Franchise Renewal Page 36-37 Exhibit H - MACC Resolution - Change of Control, MACC Franchise Page 38-39 Exhibit I - MACC Resolution - Change of Control, Washington County Franchise Page 40-41 The Metropolitan Area Communications Commission The Metropolitan Area Communications Commission - "MACC" - represents your jurisdiction for the negotiation, administration, and regulation of the joint cable television services franchise agreement currently held by TCI of Oregon (TCIO). MACC member jurisdictions include the cities of Banks, Beaverton, Cornelius, Durham, Forest Grove, Gaston, Hillsboro, King City, Lake Oswego, North Plains, R.ivergrove, Sherwood, Tigard, Tualatin, Wilsonville, and Washington County. Formed in 1980, MACC granted a its first franchise to Storer-Metro Cablevision in 1982, which was later transferred to Tidel Communications and then, in 1988, to Columbia Cable (operating the system as Willamette Cable TV). In 1995, TCI of Oregon, Inc. acquired own- ership of the system which is now operated as TCI of the Tualatin Valley (TCITV). Granting and administering a joint franchise for sixteen jurisdictions gives MACC the addi- tional leverage necessary to obtain a broad-based franchise agreement that equally serves each MACC community. The jurisdictions and cable subscribers have benefited from this leverage - all jurisdictions, no matter the size or population, receive the same level of cable service and rates. This is clearly a benefit to area cable subscribers and the jurisdic- tions. It has also allowed MACC to negotiate important communications features such as the Public Communications Network (PCN) which provides high-speed data and other com- munications services to governments, schools, and non-profit entities in nearly every juris- diction (see list of user sites - Exhibit A.) MACC's role has changed over time as the telecommunications world has evolved. Today, in addition to cable franchise administration and regulation, MACC also: works to shape Federal and State laws affecting cable and telecommunications; actively participates in rule- makings at the FCC and the Oregon PUC; administers and regulates a separate TCI franchise serving the unincorporated areas of Washington County; coordinates and markets the PCN; assists jurisdictions with telecommunications technologies and franchising; and, adminis- ters the management services contract for Public, Educational, and Government (PEG) Ac- cess (currently managed by Tualatin Valley Community Access-TVCA). 1 a Highlights of Recent MACC Accomplishments ADDITIONAL REVENUE FOR MACC JURISDICTIONS ® In 1998, MACC recovered a total of $265,000 from TCI as a result of franchise fee reviews and a Federal Court decision- the Baltimore/Laredo case.). ® MACC negotiated TCI payment of $75,000 to MACC for violation of customer service standards during 1996-97. This settlement is funding current MACC costs for TCI franchise renewal. E Since 1994, MACC returned an additional $201,000 to its member jurisdictions as a result of reduc- ing its operating expenses, improving its cash management, and reducing the amount of franchise fees it is authorized to retain for its operations by 9%. Over the last four years, MACC has reduced its staff from 9 FIFE to 6 FFE. These savings have occured despite a 45% increase in the number of sub scribers served by MACC (80,000 in 1994;116,000 in 1998). Total franchise fee revenue has also grown 2'/z times since 1994. FRANCHISE RENEWAL ACTIVITIES ® MACC negotiated the new MACC-TCI Franchise Agreement, in preparation for which MACC performed extensive assessments of both the community and the technical needs ofthe franchise area. E The new franchise includes a complex rebuild ofthe TCI-operated Public Communications Network (PCN) and caused TCI to make a significant investment in the current PCN to improve service and retain users. MACC will continue to coordinate and market the PCN that now serves over 20 governments, school districts, and other agencies for more than 200 sites (See Exhibit A). OTHER SIGNIFICANT ACCOMPLISHMENTS & ON-GOING ACTIVITIES ® MACC has successfully managed three separate transfer of ownership / change of control requests since its creation in 1980. ® MACC assumed management ofthe failed Public, Education and Government (PEG) Access operation from cable company in 1988 and founded Tualatin Malley Community Access (TVCA) as a MACC division. In 1994, MACC successfully transitioned TVCA into a separate nonprofit organization which is now under contract to MACC. ® MACC worked to organize a statewide strategy with the LOC to prevent telecommunications industry gains in the Oregon Legislature - will have an active role this session on telecommunications/ cable issues. ® Developed a model telecommunications infrastructure ordinance for use by jurisdictions which saved each juridiction from having to develop their own ordinance, and to help prepare them for the 1999 Legislative Session. (For more information on the Ongoing Responsibilities and Activities ofMACC, see Exhibit Q. 2 TCI FRANCHISE RENEWAL o Executive Summary • Frequently Asked Questions About the Franchise Renewal 9 Ordinance Granting Franchise Renewal a 3 MfACC Executive Summary -TCI Franchise Renewal- (Complete Copy of Franchise Attached) Legal Authority MACC and its member jurisdictions have cable franchise renewal authority from the Cable Acts of 1984 and 1992. These laws require that the cable operator: 1) request a renewal of a current agreement from the franchising authority (AM CC) three years prior to its expiration date; and, 2) propose terms for the new franchise based on the needs of the franchised community. Generally, the cable operator request triggers a community needs assessment process conducted by the franchising authority that forms the basis for a proposed new franchise. Most cable franchise negotiations are informal, but need to be completed prior to the expiration of the current agreement. Federal Law expects that the franchising authority will negotiate first with the incumbent operator. If negotiations are unsuccessful, it is possible to issue an RFP for other providers, but this is a highly unlikely situation. All franchises are nonexclusive. Most subjects in a cable franchise can be freely negotiated with an operator except that Federal Law limits the cable operator's responsibility to provide financial supportfor Public, Education and Government Access TV to capital funding only, unless an opera- tor voluntarily agrees to provide operating support (even then, the operator is allowed to recover operating support from franchise fees). Costs of the franchise can be passed onto subscribers in two ways: 1) as part of the formula to determine cable rates, and/or 2) as a direct pass-through shown on subscriber bills (usually $1 or so per month for the life of the agreement). If a cable operator is denied a renewal, they can take the matter before a Federal Court. MACC Priorities in TCI Renewal After three years ofextensive needs assessment and research MACC staffdeveloped a franchise proposal reflecting the needs of all ofthe MACC communities. That initial MACC proposal was adopted by the MACC Board of Commissioners in March 1998, and was forwarded to TO forming the basis for MACC's negotiation position. As part ofthis process, the MACC Board established four priorities for the new franchise: s Strong and enforceable customer service protection standards • Upgraded fiber-based residential network providing additional channels and services Upgraded fiber-based Public Communications Network (PCN) serving government mstitu- tions, schools, and nonprofit agencies • Full support for Public, Education, and Government (PEG) Access services Term (Duration) of the Agreement The proposed franchise term is fifteen (15) years from the { effective date of February 1, 1999. This term length is the same as other franchises recently granted in the metropolitan area (including the 1994 Washington County/TCI Franchise) and allows TO sufficient time to amortize the $30 million cost of the system upgrade over the life of the agreement. Two important s reviews are built into the franchise (See Section 19.11). In the ninth (91h) year of the new franchise, one review will examine TCI's performance under the franchise, especially in the area ofcustomer service. A negative review in this area could result in MACC seeking to reduce the franchise term from 15 to 12 years. The second review requires MACC and TO to formally examine several areas of the agreement to ensure that it is keeping pace with the needs ofthe community. This will include a review of cable technol- ogy and cable services provided in the franchises of surrounding communities. 3 Franchise Fees To compensate MACC jurisdictions for use of the public rights-of-way, TO will pay MACC jurisdictions a franchise fee offive percent (5%) on their gross revenues, the maximum franchise fee allowable by Federal Law. The tern "gross revenues" is accurately defined in the agreement and will allow MACC and the jurisdictions to capture revenues from new cable- based services, such as @Home, TCI's Internet service. Customer Service The new franchise contains detailed customer service provisions- a major priority in these negotiations. It adopts the FCC customer service standards, as well as local stan- dards negotiated with TCI. A progressive fine structure is included to allow MACC to raise penalties if customer service problems such as telephone answering, subscriber service repairs, etc., continue over a period of time. MACC's primary$oal is to assure that cable subscribers have good television pictures, as well as prompt and courteous service from TO personnel. The new agreement includes an annual review of ICI's overall performance by MACC (Franchise Section 4.6) and an extensive review of TCI's customer service and franchise performance to be conducted in the 91 year ofthe franchise (Franchise Section 19.11). Public, Education, and Government (PEG) Access Television Another MACC prior- ity - continued support for the PEG Access program - is also included in the new franchise. PEG Access for the franchise area is currently managed by MACC's contract with Tualatin Valley Commu- nity Access (TVCA). Unfortunately, Federal Law limits the levels of support we can negotiate for PEG in new franchises. Our new agreement with TCI dedicates six (6) channels for PEG on the cable system (there are currently 10 channels). Nine (9) permanent remote origination points across the franchise area will also be established to allow for live cablecasts directly onto the cable system. TCI will also establish a special fund, to be managed by MACC, which will provide grants for both PEG Access capital needs and for operating and capital needs of the users of the PCN (see PCN descrip- tion). This fund will be generated by a pass-through to cable subscribers of $0.75/month/subscriber during years 14 ofthe agreement, increasing to $1.00/month/subscriber in years 5-15. Incidental Payment TO will also provide $200,000 in each of the first four years of the new agreement to MACC as an "incidental payment." This amount will also be passed through to subscrib- ers as approximately $0.25/subscriber/month during years 1 - 4 of the Agreement. TO requires $50,000 of this fund for each of four years to be spent on the PCN; the remaining $150,000 per year may be used by MACC for any purpose. The MACC Board will make an annual policy/budget decision on the use ofthese funds. Cable System Upgrade The current cable system was constructed more than sixteen (16) years i ago. Upgrading and rebuilding the system was a MACC pnoritx Asa result ofour negotiations, the cable system will be completely rebuilt with a fiber optic backbone, increasing its capacity to 550 Mhz. This is expected to add about a dozen analog channels to the new system. MACC decided to only seek a 550 Mhz upgrade, rather than a 750 Mhz capacity system, since TO had given assur- ances that the MACC system would be built to a 750 Mhz capacity to match other systems in the area. By not requiring a larger upgrade in the Agreement, TO is not allowed to pass the cost for the larger capacity on to MACC subscribers. The upgrade will be completed within 36 mor_ths ofFeb- ruary 1, 1999. However, with the pending TCI/AT&T merger, we expect that the upgrade will be expedited, and will also assure that the MACC area continue to receive cutting edge technology and many new communications services. 4 The PCN will be upgraded to a full fiber optic plant at the same time as the residential system. TO will recover the approximate $5 million cost for this upgrade through monthly fees charged to PCN users. The PCN currently provides a vital communications link to over 200 government agency and school sites in the franchise area (See list Exhibit A). High-speed data, two-way video, Intemet, and voice communications are carried on the PCN serving over 20 agencies/school districts. Current examples ofPCN uses include connecting area libraries and schools with high-speed data and Internet services, and video training pro- vided among numerous TVF&R stations. The new PCN will enable these agencies to continue these current services and to add additional and faster services using fiber optics. Using the PCN saves tax dollars and increases services to the uublic. PCN users will also be eligible for the funds provided by TO through the "incidental payment" and the PEG / PCN grant fund (see PEG Access). These two funding mechanisms will help reduce costs to PCN users and should provide assistance to smaller jurisdictions seeking PCN service. Construction Reauirernents TO will be required to obtain, and pay for, needed construction permits from jurisdictions and to restore streets and rights-of-way according to jurisdictional standards. Undergrounding cable, at TCI's expense, will be required in areas that have, or will have, utilities under- ground Effect of Renewal on Subscriber Rates The TO renewal will have some effect on subscriber rates. Currently, subscriber rates include the cost for over one-half million dollars annually for PEG/PCN support in the current franchise. However, in the new franchise, those costs will be recovered by TO through a direct $1.00/subscriber/month pass-through on subscribers'bills (The 1984 Cable Act autho- rizes pass-through of such costs.) However, since the current one-half million per year of PEG operating support will be ending (approximately $0.50/subscriber/month), it is likely that this reduction will have some effect on rates. This $1.00 pass-through is typical of the amount listed on subscriber bills through in other TO franchises in Portland, Clackamas, and unincorporated Washington County. TCI and MACC will work together to develop clear, advance notification to subscribers about this change. Nationally, TO has pledged to keep June 1999 rate increases to an average of 5%. We expect TCITV rates to reflect this pledge. A draft ordinance granting renewal of the TCI franchise is included. ~I 5 9 Frequently Asked Questions About the TCI Renewal (See also FAQ's on AT&TITCI Merger) Why do we have to negotiate a new franchise with TCI? Why not issue an RFP, as MACC did in 9982, to seek other cable operators? Federal Law for cable franchise renewals changed with the passage of the 1984 Cable Act. That law allows the incumbent cable operator to request a renewal and requires the local franchising authorily (MACC) to consider a proposal from the incumbent operator before seeking other bids. Unless MACC can show that TO has not fulfilled the requirements of the current franchise, or has not provided a new franchise proposal meeting the needs of the community, it must negotiate a new franchise with TCI. Why don't cable companies have competition in our area since TCI seems to own everything? That is a valid question for the FCC or Congress since passage of the 1996 Telecommunications Act was supposed to foster competition. In our area, cable has some limited competition from small-dish satellite services such as Primestar and Direct TV. However, we don't expect direct land-based compe- tition for the cable industry in the near future due to the economics of cable television. Cable is a "natural monopoly" - it is not economically feasible for two cable operators to build their own cable network and offer similar services in the same neighborhoods since only about 60% of homes-passed subscribe to cable. Until other telecommunications providers such as telephone companies begin offer- ing cable-like services, there will probably not be direct cable competition. TO does own (or will soon own) most cable systems in this geographic area as a result of their efforts to own "clusters" of cable systems so that they may use them as a platform to offer enhanced commu- nications services. Will TCI offer more channels or new services under the new franchise? Yes. The new system will be built with additional channel capacity - room for a dozen or more new analog channels. There will also be capacity to offer additional pay-per-view and digital tiers of ser- vice, as well as interactive two-way services. FW-,llTcl begin offering @Home Internet Service? i Yes. @Home will be launched in the metro area in early 1999, and we expect it to be available to TCITV subscribers soon. a Will the AT&T merger with TCI mean that we will soon see telephone- over cable service in this area? 3 AT&T is merging with TO in order to use the cable platform to offer certain "enhanced" services. AT&T has indicated that they plan to "roll-out" enhanced services within two years. It is likely that one of those services will be telephony services (which could be franchised separately by MACC jurisdic- tions). (See FAQ AT&TITCI) 6 d Will everyone get the upgraded cable service at the same time and how long do we have to wait to get more channels? We expect the rebuild will happen in phases radiating out from TCI's headend near 1731' & Cornell, in Beaverton. As a result some will get upgraded service before others. TCI has 36 months from February 1999 to upgrade all areas, however, we believe the AT&T merger will speed up the rebuild and that it could be completed within approximately 24 months What will happen to the Public, Education, and Government (PEG) Access program, currently operated by TVCA in the new franchise? The PEG Access program operated by TVCA will continue, but will experience changes under the new franchise. Under the current franchise, TVCA has the use of ten (10) channels and receives over $500,000 in annual operating/capital support from TCI, MACC and the jurisdictions have also provided a portion of their franchise fees to support TVCA. Beginning with the 1984 Cable Act, federal law has substantially affected financing for PEG. MACC may require TCI to provide some level of continued capital support and channels, but cannot require operating support. PEG operating revenue must come from franchise fees or other sources. In the new franchise TVCA will have the use of six (6) PEG channels and will be able to apply only for capital grants from a fund that will be provided by TCI to support both PEG and the PCN (see below). No direct operating support will be provided by TCI. TVCA is already making program changes and is reduc- ing staff in anticipation of the franchise renewal. TVCA will continue to operate but will do so with greatly reduced resources. What is the Public Communications Network (PCN)? The PCN is a separate network on the current cable system which links over 200 government and school district sites in over 20 public agencies for high-speed data and video communications (See Exhibit A). Using the PCN saves taxpayer dollars, increases citizen/government communications and provides added efficiencies for local governments and school districts. The PCN will be rebuilt as part of the renewal into an all-fiber network that will enable users to install even more sophisticated telecommunications equipment. PCN users pay network service costs to TCI for services such as: data connections between area libraries; video training broadcast among TVF&R stations; high-speed access to shared data bases among schools; Internet access for libraries, schools, cities, and the county; and data transfer among area government agencies. Will my cable rates increase as a result of the new franchise? Unfortunately the Federal Government has taken away most local government authority to regulate cable rates. Your current rates have costs built into them to support TVCA and the PCN. Those costs will be replaced in the new franchise by a direct pass-through to subscribers ofapproximately $1/subscriber/month on bills. Other than this direct cost, we don't expect that your cable rates should increase as a result of the new franchise. Also, considering the market competition from satellite providers, we don't expect dramatic rate increases like those we have seen in the past. Nationally, TCI has pledged to keep June 1999 rate increases to an average of 5%. We expect TCITV rates to reflect this. 7 Proposed Jurisdiction Ordinance ORDINANCE NO. AN ORDINANCE OF THE [CITY/COUNTY] OF GRANTING A RENEWAL OF A NON-EXCLUSIVI-v CABLE TELEVISION FRANCHISE AGREEMENT TO TCI OF OREGON, INC. WHEREAS, in 1980 the Metropolitan Area Communications Commission (hereinafter "MACC") was formed by Intergovernmental Agreement (hereinafter "IGA") to enable its member jurisdictions to work cooperatively and jointly on communications issues, in particular the joint franchising of cable services and the common administration and regulation of such franchise agreements, and the [City/County] of is a member of MACC; and WHEREAS, the IGA authorizes MACC and its jurisdictions to grant one or more nonexclusive franchise agreements for the construction, operation and maintenance of a cable service system within the combined boundaries of the member jurisdictions; and WHEREAS, the IGA requires that each member jurisdiction must formally approve any joint cable service franchise agreement so granted; and WHEREAS, MACC and its member jurisdictions granted a joint franchise agreement in 1982, which franchise is now owned by TCI Cablevision of Oregon, Inc. (hereinafter "TCI") and which expires on February 10, 1999; and WHEREAS, TCI has properly requested that its franchise agreement with MACC and its member jurisdictions be renewed in accordance with federal law; and WHEREAS, MACC, on behalf of its member jurisdictions, and in accordance with direction from the MACC Board, has assessed the future cable-related needs and desires of the sixteen communities represented by the member jurisdictions and has incorporated those needs and desires into the provisions of a proposed renewal of the Agreement; and WHEREAS, the MACC Board, by Resolution 98-4 adopted on the 171i day of November, 1998, recommended that its member jurisdictions grant a renewal of the Agreement, which renewal is attached hereto as Exhibit "A"; NOW THEREFORE, THE [CITY COUNCIL/COUNTY BOARD] ORDAINS: Section 1. There is hereby granted to TCI Cablevision of Oregon, Inc. a renewal of its existing nonexclusive franchise on the terms and conditions contained in Exhibit "A". This nonexclusive grant authorizes the provision of cable services within the jurisdictional boundaries of the [city/county] as said boundaries presently exist or may be amended. 8 Section 2. The grant of franchise at Section 1 is conditioned upon each of the following events: a. The affirmative vote of the governing body of each MACC member jurisdiction; b. TCI's fulfillment of the franchise acceptance provisions contained in Section 2 of the Agreement; and c. Formal written determination by MACC staff that each of the above two events have occurred. Ayes Nays [first reading, second reading, signatures in accordance with each member jurisdiction's charter and code] * Executed copy to be filed with MACC. Attachment Exhibit A - TO Cable Television Services Agreement 9 AT'&T/TCi CHANGE OF CONTROL e Executive Summary e Frequently Asked Questions About the AT&T/TCI Merger e Resolution Consenting to Change of Control t I i i MACC Executive Summary -'TC1 / AT&T Change of Control- Legal Authority - Any transfer of ownership or change of control of a cable operator generally requires the consent of the local government who granted the franchise. Federal Law in the 1984 and 1992 Cable Acts and the 1996 Telecommunications Act dictates this process. The consent process begins when the local government receives a Federal Communications Commission (FCC) Form 394 from the cable operator. This Form contains information about the new owners, or controlling party, and details about their qualifications to own and operate the cable system. Receipt of a valid Form 394 triggers a 120-day review period durinQ_which the local government must formally decide whether to give or withhold their consent to the change of control. However, Federal Law also limits a local government's review to a single question - "Does the new owner/ controlling party have the legal, technical, and financial qualfflcadons to own and operate the cable system?" Withholding consent for this transaction based on matters not germane to this question generally is not allowed under the law and can place the local government in legal ieov- ' If the local government does not make a decision regarding this question within the 120-day time period, consent is deemed to be automatically granted. Any denial ofa transfer or change of control is open to judicial review in Federal Court. TCI/AT&T Change of Control - On September 3,1998, TO ofOregon (TCIO) delivered copies of FCC Form 394 to MACC and its member j urisdictions, thereby providing a formal request to change the control of TCIO's parent company, Tele-Communications Inc. (TCI) to AT&T Inc., a New York Corporation. The filing contained supportive evidence related to AT&T's legal, technical, and financial ability to own and operate the cable system. MACC staffreviewed it and determined that the Form 394s submitted by TOO was valid. As described above, the receipt of the Form 394 usually triggers a 120-day reviewperiod for franchising authorities. However, TCIO and AT&T agreed to extend the 120-daypgriod for MACC until January 31, 1999, in order to allow our member jurisdictions to consider the renewal of TCIO's franchise along with the change of control. Federal law limits MACC's review of this matter to the single question of whether AT&T has the legal, technical, and financial qualifications to own and operate the cable systems. The following discussion is MACC's review of this transaction based on the three important criteria in this question. MACC Investigation - e Legal Review: MACC staff and Pam Beery, MACC Legal Counsel performed a legal review of AT&T's ability to own and operate the cable systems. The legal transaction itself is outlined in the Form 394, in the description provided by TCIO/AT&T, and in the narrative outlining the transaction and resulting corporate structure (see exhibit B). When the transaction is completed during early 1999, TO will become part of AT&T's Consumer Services Division, with Igo Hindrey, current TCI President, in charge ofthe Division. The remaining TCI corporate, divisional, regional, and local staff 10 will remain in place and there should be few immediate changes. AT&T is also a legally chartered United States corporation and is already registered to do business in Oregon based on their long distance, cellular and other services offered. The proposed resolution, recommending that your j urisdiction consent to the change of control, in- cludes provisions that guarantee that all current and future franchise obligations will be honored. Therefore, there appears to be no legal reasons why the change of control should not be approved. However, ifthe merger does not take place afterthe actions ofthe jurisdictions, the change ofcontrol would be null and void. • Financial Review: Although AT&T is one ofthe largest corporations in America, financial review of the company must be part of the due diligence process by MACC. Therefore, we reviewed the Form 394 and 1997 AT&T Annual Report (on file at the MACC Office) to determine their financial abilities. MACC's review of these materials provided sufficient evidence that AT&T does indeed have the financial ability to own and operate the cable systems. Therefore, it appears that there are no financial reasons why the change of control should not be approved. • 'T'echnical Review: TCI will remain in control of the technical operation of the cable system as an operating division of AT&T. TCI clearly has the technical expertise to operate the cable system and to adhere to the technical requirements outlined in the cable franchises and in Federal Law and FCC rules. There is no evidence to suggest that the change ofcontrol to AT&T will adversely affect the ability of TCI to fulfill their technical obligations. Therefore, there appear to be no technical reasons why the change of control should not be approved. MACC Board of Commissioner's Recommendation to Member Jurisdictions On November 17,1998, the MACC Board of Commissioners heard public testimony and reviewed a staff report on the request for a change ofcontrol ofthe cable franchise and reached the following conclusion: AT&T does possess the legal, technical and financial abilities to own and operate the cable system. They also adopted MACC Resolution 98 - 5 (and 98-6 for the Washinton County franchise) which recommends that the MACC member jurisdictions consent to the change of control of TCI to AMT. A draft resolution consenting to the change of control is included. a 11 Frequently Asked Questions on AT&T/TCl Merger ® (See also FAQs on TCI Renewal) Will the name TCI be changed to AT&T? Not immediately, however, over time that may happen. Will this merger result in local operational or man.:gement changes? According to AT&T, TCI, as a division of AT&T, will not experience any immediate changes in operations and/or staff. The merger should be fairly transparent to local subscribers. How will TCI operate as part of AT&T? TCI will become part of a division called AT&T Consumer Services, along with some other AT&T hold- ings. The current TCI management staff and corporate structure will continue to operate from TCI offices in Englewood, CO. (See exhibit B). Will AT&T use the TCI cable platform to offer enhanced telecommun!cations ser- vices such as home telephone service? One of the reasons AT&T is merging with TCI is to use their broadband cable platform to offer additional services. However, they expect that such new services via cable will not be available for at least two more years. Telephone services to homes or businesses is possible, but no specific plans have been provided to MACC. Future AT&T telephone services could provide direct competition to GTE and US West which could benefit telephone subscribers. If AT&T offers telephone or other non-cable services in the future, will cable fran- chise fees apply? Does this new franchise capture such services? The new franchise is a cable service franchise offered under Title 6 of the FCC Code -it is not a telecommu- nications franchise, so telephone-like services would not be covered or included in calculating cable fran- chise fees. In order to offer telephone service in our area AT&T would need to obtain a telecommunica- tions franchise from each MACC jurisdiction which would allow the collection of an appropriate franchise fee or privilege tax. MACC has developed a model telecommunications infrastructure ordinance for use by member jurisdictions to franchise other uses of the right-of-way. Will AT&T/TCI be required to maintain a local area business office? Will we be using "800" telephone numbers to get cable service? The new TCI franchise requires that they maintain a local office. However, TCI or AT&T could use an "800" number for customer service. They would still be required to meet the franchise standards for tele- phone answering and customer service which are contained in the franchise. TCI has not been known for good customer service in our area, will that change with AT&T? AT&T is known particularly for quality customer service which we expect will have a positive effect on TCI's local service. Although TCI has had its customer service problems, they have recently improved 12 IM their performance and are now within the required FCC franchise standards. Will our cable rates increase as a result of this merger? AT&T and TO indicate that the merger will not directly effect local cable rates. AT&T will bring added financial resources to TO (one major reason for merger) which should benefit subscribers (e.g., faster and more extensive cable system upgrade) and provide more service offerings. Nationally, TO has pledged to keep June 1999 rate increases to an average of 5% and we expect TCTTV rates to reflect this. When will the merger take place? AT&T plans to complete the merger by the end of the 1't quarter of 1999. i i 9 13 Proposed Jurisdiction Resolution [CITY/COUNTY] OF , OREGON RESOLUTION NO. A RESOLUTION CONSENTING TO THE CHANGE OF CONTROL OF TELE-COMMUNICATIONS, INC. TO AT & T, INC. WHEREAS, the [City/County] of is a member of the Metropolitan Area Communications Commission (hereinafter "MAC-C"); and, WHEREAS, in 1982, the member jurisdictions of MACC entered into a Cable Communications System Franchise Agreement (hereinafter "Agreement") with Storer Metro Communications, Inc. (hereinafter "Storer") to allow for the operation of a cable television system which includes service to citizens of the [City/County] of ; and WHEREAS, in 1986 the member jurisdictions of MACC approved the transfer of the cable television franchise from Storer to Tidel Communications, Inc. (hereinafter "Tidel"), and authorized Tidel's assignment of the franchise operation to Willamette Cable TV, Inc. (hereinafter "Willamette"), a corporation wholly owned at that time by Tidel; and WHEREAS, in 1988, the member jurisdictions of MACC approved an amendment to the Agreement, approved the transfer of the franchise from Tidel to Willamette, and further approved a transfer of control of Willamette whereby Willamette became wholly owned by Columbia Cable of Oregon, a Delaware general partnership (hereinafter "Columbia"); and WHEREAS, in 1995, the member jurisdictions of MACC approved the transfer of the Agreement as amended, and a transfer of control of Willamette whereby Willamette became wholly owned by TCI Cablevision of Oregon, Inc. (hereinafter "TCIO"), whose parent is Tele-Communications, Inc. (hereinafter "TCI"), and changed the name of Willamette to TCI of the Tualatin Valley, Inc. (hereinafter "TCITV"); and WHEREAS, AT & T, Inc., a New York corporation (hereinafter "AT & T"), and TCI have agreed to merge their companies whereby TCI will become a wholly owned subsidiary of AT & T, and TCIO has requested the consent of the MACC member jurisdictions for a change of control of TCIO's parent company TCI, by filing a Federal Communications Commission Form 394 with MACC and with each member jurisdiction thereof, as contemplated by Sections 3.5 and 3.6 of the Agreement; and i WHEREAS, federal law establishes a procedure and criteria for local franchise authorities to review requests for changes of control of the Agreement to assess the legal, technical, and financial ability of the new controlling entity to own and operate the franchise under the terms and conditions of the Agreement, as amended; and f WHEREAS, MACC staff has reviewed the Form 394 from TCIO and has requested and reviewed certain additional information from both TCIO and AT & T, including assurances made by each entity, in order to assess the legal, technical and financial qualifications of the new entity to perform under the Agreement; and 14 WHEREAS, MACC held a public hearing on the 17`h day of November, 1998 wherein it received public testimony and written and electronic communications; and WHEREAS, MACC has received a letter of assurance from AT & T, wherein AT & T agrees to abide by the terms and conditions of the Agreement as amended and recognizes significant local issues of concern, which letter of assurance is attached hereto as Exhibit "A"; and WHEREAS, following consideration of testimony received during the public hearing and the full record of those proceedings, the Commission adopted Resolution No. [98-5/98-6] recommending approval of the transfer request to its member jurisdictions, which Resolution is attached hereto as Exhibit "B"; and WHEREAS, the [City Council/Board] deems it to be in furtherance of the public interest and the welfare of its citizens to consent to the transfer request; Now, therefore, BE IT RESOLVED BY THE [CITY COUNCIL/COUNTY BOARD OF COMMISSIONERS] that: Section 1. The findings of MACC demonstrate the applicant's legal, technical and financial qualifications to perform under the Agreement. Section 2. The [governing body] hereby consents to the change of control to AT & T, Inc. as set forth in the Federal Communications Commission Form 394 submitted by TCI and AT & T, Inc., pursuant to Sections 3.5 and 3.6 of the Agreement. Section 3. The consent granted herein shall become effective upon completion of each of the two following events: a. MACC staffs formal written determination that all member jurisdictions have so consented and b. Completion of the merger between TCI and AT & T. Section 4. The [Mayor/City Manager or Administrator/Chair] and his/her designee are authorized to execute and file a copy of this Resolution with MACC. Introduced and adopted this _ day of , 19_. [Mayor/Board Chair] i ATTEST: [City/County] Recorder 3 Attachment Exhibit A - AT&T letter of assurance e Executed coy to be filed with MACC. 15 r EXHIBIT A TO JURISDICTION RESOLUTION Richard E. Thayer Room 1575 Chief Convnercial Counsel 1875 U wrence Street Denver, CO 80202 303 2988495 FRE EIVED October 15,1998 1 6 1998 CC Mr. Bruce Crest Metropolitan Area Communications Commission 1815 N.W. 169 h Place, Suite 6020 Beaverton, OR 97006-4886 RE: - Response to Request for Additional Information regarding MACC and Washington County Franchises Dear Mr. Crest: Thank you for your letter dated October 5, received by us on October 7 and requesting responses by October 19, 1998. As we have previously described in our letter dated October 13, 1998, under the terms of the merger agreement, AT&T will become the parent company of Tele-Communications Inc. (TCI), which will continue to exist as a corporation and a wholly owned subsidiary of AT&T. All of the cable television franchises held by TCI entities will continue to be held by those entities. In your change of control requests, you have asked for information on behalf of NIACC and its jurisdictions as well as Washington County. AT&T and TCI respond as follows: AT&T, the named controlling entity -for this change of control, has certified in the. Form 394 that it will use its best efforts in ensuring that franchise holders comply with the terns of existing I franchise agreements. AT&T will not "perform" the terms and conditions of the franchise agreements, however. All such terms and conditions remain the obligation of TCI of Tualatin Valley, Inc., the holder of the MACC franchise, and TCI Cablevision of Oregon, Inc., the holder of the Washington County franchise. Similarly, guarantees provided to you by TCI West, Inc. will remain in effect with regard to both franchises. AT&T and TCI are committed to fulfill all franchise and regulatory obligations of all of TCI's subsidiaries following the proposed merger. For this reason, in reply to your request, both AT&T and TCI hereby confirm that TC1 of Tualatin Valley, Inc. and TCI Cablevision of Oregon, Inc. shall continue to (1) honor all applicable provisions of the franchise agreements that exist with MACC and Washington 16 Mr. Bruce Crest October 15; 1998 Page 2 County, and (2) provide at least the same level of service as they do today, in accordance with franchise agreements. AT&T is aware that MACC and TCI are currently negotiating a renewed franchise to replace the current franchise agreement. AT&T understands that the renewed franchise may be in force by early 1999. The people with whom you are negotiating have been authorized to agree to the terms of a renewal franchise with MACC and its jurisidictions and such authorization will not change as a result of this merger. AT&T acknowledges that once a final agreement is negotiated and approved by both TO and the MACC jurisdictions, that following the merger, AT&T will join ICI's commitment to fulfill all franchise obligations by the franchise holder. It is AT&T's understanding that both the existing franchise agreement and the agreement currently being negotiated contain provisions relating to customer service, the Public Communications Network, and Public, Education and Government Access. The preceding information has been provided on behalf of AT&T. I am authorized to make the representations contained within this letter. We took forward to working with Washington County and the other jurisdictions represented by MACC. If you have any additional questions, please do not hesitate to contact me. Very _yours; .Richard Thayer cc: Debbie Luppold, TCI Gloria Crayton, TO t 17 SHER ®D REQUEST T LEAVE COMMISSION e (Executive Summary e Franchise Issues Related to Sherwood's Departure e Resolution Approving Sherwood Termination of MACC Membership MACC Executive Summary - City of Sherwood Request to Leave Commission - The city of Sherwood has formally requested that they be permitted to leave the Commission. According to the Intergoverunental Agreement that created MACC, any member jurisdiction may leave the Commission upon agreement of the other members. On December 8,1998, the MACC executive Committee, acting on behalf of the entire Commission Board, passed Resolution 98-7 (see copy on next page), recommending that member jurisdictions consent to City of Sherwood leaving the commission. A draft resolution for your jurisdiction to consider which gives your consent follows. 18 METROPOLITAN AREA COMMUNICATIONS COMMISSION December 9, 1998 TO: MEMBER JURISDICTIONS OF THE METROPOLITAN AREA COMMUNICATIONS COMMISSION FROM: BRUCE CREST, ADMINISTRATOR RE: UPDATE ON CITY OF SHERWOOD MACC MEMBERSHIP We wanted to update you on the City of Sherwood's membership with MACC. On December 8, 1998, MACC Vice-Chair Evelyn Brzezinski (Beaverton), Secretary Treasurer Larry Hatch (Forest Grove), Commissioner Ralph Brown (Cornelius), along with MACC staff, met with the Sherwood City Council at their work session. The MACC delegation was present to discuss with the Council concerns about their MACC membership which were expressed by Sherwood Mayor-Elect Walt Hitchcock, at MACC's November 17, 1998 Commission meeting. Present from Sherwood were members of the current Council and some Councilors-elect, along with City Manager Jon Bormet and his staff. MACC Commissioners each expressed their individual jurisdiction's support for MACC and the programs it manages and also answered Sherwood's questions. After a lengthy discussion between the parties it seemed that the Sherwood Council members were uncertain about whether they still wanted to withdraw from MACC. They also wanted more time to consider their options with their staff. MACC Commissioners cautioned them about the need to make their decision soon since the MACC staff would begin its visits to the MACC jurisdictions beginning the week of December 1 e to consider the TCI renewal, TCI/AT&T Change of Control, and Sherwood's request to withdraw. Jon Bormet has confirmed that the Sherwood Council will make a decision about their MACC membership at their January 12, 1999 meeting. As a result of Sherwood needing more time to consider their MACC membership, we have produced a revised resolution (copy attached) to replace the one in the enclosed t*~titt. This resolution makes each MACC jurisdiction's action enabling Sherwood to lbgv~ contingent on MACC receiving written notice from them confirming their decision no i6ter than January 15, 1998. If Sherwood decides to not leave, or we do not receive the written notice by the deadline, Sherwood would remain a member of MACC. They also understand that if they decide to remain a member they will also need to consider the TCI renewal and TCI/AT&T resolutions before the end of January 1999. In this way, the other MACC jurisdictions can take action on all three issues and we can complete this process to meet our January 31, 1999 deadline. PROVIDING SERVICE SINCE 1980 19 1815 NW 169TH PLACE, SUITE 6020 BEAVERTON, OREGON 97006-4886 (503) 645-7365 • FAX (503) 645-0999 If Sherwood decides to leave, their membership in MACC would terminate following the last jurisdiction's consideration of their request on January 26, 1999. Sherwood would then need to negotiate their own franchise agreement with TCI after securing an extension of the current agreement that ends on February 10, 1999. s The enclosed report contains additional information about the effects on MACC if Sherwood leaves and a resolution for you to consider consenting to their withdrawal. We will keep you informed of Sherwood's decision in this matter. We would be happy to answer any questions about this matter when we visit your jurisdiction to present the MACC recommendations. c: MACC Commissioners 20 MACC / MEMO RAN D U M 71, December 3, 1998 TO: MACC Commissioners Bruce Crest, Administrator FROM: Darryl Willis, MACC Accounting/Office Supervisor RE: Financial Issues Related to Sherwood's Potential Departure from MACC The following is a review of the financial issues that will be affected if the City of Sherwood withdraws from MACC. These estimated amounts were developed by measuring the actual data from April 1994 through September 1998, and by completing a trend analysis using this historical review. The amount of franchise fees distributed to the member jurisdictions of MACC would not be directly affected by Sherwood's withdrawal. The City of Sherwood currently has approximately 2,600 subscribers, and this number has been increasing"over the past several years because of residential growth in the city. Cable revenue generated in the City represents approximately 2.75 percent of the entire MACC franchise. Therefore, Sherwood's withdrawal would result in a loss of nearly 3 percent of funding for the operations of MACC, PEG Access, and the new PCN/PEG fund. Over the life of the pending 15-year TCI franchise, this means a loss of approximately $1.69 million. • MACC Operations Over the term of the franchise, Sherwood's withdrawal would result in a total of $408,000 less for MACC over the life of the franchise. This calculation. is being made based on the assumption that the amount of franchise fees that are retained for MACC operations will be reduced from the current level of 28 percent to 20 percent by the year 2006. • PEG Over the term of the franchise, under the assumption that the City would continue to provide IS percent of its franchise fees to Access programming, PEG would lose a total of $286,000. • The New PCN/PEG Grant Fund This fund, created in the new franchise, will be funded by a "pass-through" to cable subscribers ($0.75 in each of the first four years, $1.00 in years 5 -15 of the franchise). MACC will manage the fund through a committee, with priorities and final distribution „ determined by the Commission. If Sherwood withdraws from MACC, the PCN (operating or capital) and PEG (capital) grant fund would lose a total of $993,000 over the life of the franchise. I am available to discuss any questions you may have. Please contact me at the MACC office at ext 202. Encl. Sherwood Franchise Fee Review Franchise Fee Trends and Split 21 PROVIDING SERVICE SINGE 1920 1815 NW 169TH PLACE., SUITE 6020 • 'BEAVERTON, OREGON 97006-4886 • (503) 645-7365 ^ FAX (503) 645-0999 sherwOl Sheetl 11/19/98 Sherwood Franchise Fee Review Sherwood Share of Total MACC Portion Sherwood Retains TVCA Portion Quarter ' &nod E% -Lee ~ AM2!d IF I Ams~nt I 6mmt 1 Apr-Jun 94 1.32% 89,233 4,462 30.000% 1,338 52.500% 2,342 17.500% 781 •2 Jul-Sep 94 1.34% 90,791 4,540 30.000% 1,362 52.500% 2,383 17.500% 794 3 Oct-Dec 94 1.38% 100,235 5,012 30.000% 1,504 52.500% 2,631 17.500% 877 4 Jan-Mar 95 1.40% 100,074 5,004 30.000% 1,501 52.500% 2,627 -17.500% 876 5 Apr-Jun 95 1.51% 110,535 5,527 30.000% 1,658 52.500% 2,902 17.500% 967 6 Jul-Sep 95 1.58% 116,431 5,822 29.415% 1,712 53.085% 3,090 17:500% 1,019 7 Oct-Dec 95 1.69% 129,382 6,469 29.415% 1,903 53.085% 3,434 17.500% 1,132 8 Jan-Mar 96 1.77% 130,323 6,516 29.415% 1,917 53.085% 3,459 17.500% 1,140 9 Apr-Jun 96 1.91% 151,407 7,570 29.415% 2,227 53.085% 4,019 17.500% 1,325 1o Jul-Sep 96 1.99% 159,473 7,974 28.000% 2,233 54.500% 4,346 17.500% 1,395 11 Oct-Dec 96 2.09% 178,501 8,925 28.000% 2,499 54.500% 4,864 17.500% 1,562 12 Jan-Mar 97 2.16% 182,477 9,124 28.000% 2,555 54.500% 4,972 17.500% 1,597 13 Apr-Jun 97 2.31% 195,237 9,762 28.000% 2,733 57.000% 5,564 15.000% 1,464 14 Jul-Sep 97 2.36% 220,528 11,026 28.000% 3,087 57.000% 6,285 15.000% 1,654 1s Oct-Dec 97 2.58% 237,372 11,869 28.000% 3,323 57.000% 6,765 15.000% 1,780 16 Jan-Mar 98 2.65% 249,685 12,484 28.000% 3,496 57.000% 7,116 15.000% 1,873 17 Apr-Jun 98 2.69% 265,759 13,288 28.000% 3,721 57.000% 7,574 15.000% 1,993 16 Jul-Sep 98 2.63% . 279,349 13,967 28.000% 3,911 57.000% 7,961 15.000% 2,095 11n9se Summary of Sherwood Departure over 15-year span of new franchise (about i'314% of total franchise amounts) Trend analysis based on 18 previous quarters thru 9/30198 with future MACC % estimated Total Avg / Year MACC loses $ 408,515 $ 27,234 TVCA Loses $ 286,079 $ 19,072 PCNIPEG fund loses $ 993,561 $ 66,237 (pass thm) Totals $ 1,688,155 $ 112,544 N N i® a N w Tvca98$2 11H9198 Franchise Fee Trends and Split MACC Franchise Only All 16 MACC Jurisdictions Combined . Fee Rate--> 5.0% Chg from NCA MACC Jurisdictions Jan-Dec Revenue rev year 15.0% 20.0% 67.0% (old franchise) 1996 $ 36,720,549 Trend for 1998 3.7% 275,404.12 514,087.69 1,046.535.66 (new franchise) 1999 $ 38,918,9M Trend for 1999 6.0% 291,892.26 544,865.56 1,1x0,190.60 2000 $ 41,117,387 Trend for 2000 5.6% 308,380.41 575,643.42 1,171,845.54 2001 S 43,315,806 Trend for 2001 5.3% 324,868.85 608,421.29 1;234,500.48 2002 $ 45,514,225 Trend for 2002 5A% 341,366.69 637,199.15 1,297,155.42 2003 $ 47,712,644 Trend for 2003 4.8% 357,844.83 667,977.02 1,399,810.36 2004 $ 49,911,063 Trend for 2004 4.6% 374,332.97 698,754.89 1,422,465.30 2006 S 52,109,482 Trend for 2005• 4.4% 390,821.12 729,532.75 1,485,12D.25 2006 $ 54,307,901 Trend for 2006 4.2% 407,309.28 780,310.62 1,547,775.19 2007 $ 56,506,320 Trend for 2007 4.0% 423,797.40 791,068.48 1,610,430.13 2008 $ 58,7040739 Trend for 2008 3.9% 440,285.54 821,866.35 1,673,085.07 2009 $ 60=,158 Trend for 2009 3.7% 456,773.69 852,644:22 1,735,740.01 2010 $ 63,101,577 Trend for 2010 3.6% 473,261.83 883,422.06 1,708,394.95 2011 $ 65,299,996 Trend for 2011 3.5% 489,749.97 914,199.95 1,861,049.85 2012 $ 67,498,415 Trend for2O12 3.4% 506,238.11 944,977.81 1,923,704.83 2013 $ 69,696,1334 Tread for 2013 3.3% 522,72626 975,785.85 1,986,359.77 Totals $1,046,827,183 $ 6,385,043 $ 11,918,747 $ 24,263,163 Proposed Jurisdiction Resolution RESOLUTION NO. A RESOLUTION OF THE [CITY/COUNTY] OF APPROVING THE REQUEST BY THE CITY OF SHERWOOD TO TERMINATE ITS MEMBERSHIP IN THE METROPOLITAN AREA COMMUNICATIONS COMMISSION WHEREAS, in 1980 the Metropolitan Area Communications Commission (hereinafter "MACC") was formed by Intergovernmental Agreement (hereinafter "IGA") to enable its member jurisdictions to work cooperatively and jointly on communications issues, in particular the joint franchising of cable services and the common administration and regulation of such franchise agreements, and WHEREAS, the City of Sherwood is a member of MACC, having adopted an authorizing resolution as contemplated by Section 7 of the IGA; and WHEREAS, the IGA requires, at Section 8.13 that a member may not unilaterally terminate its membership in MACC unless said unilateral termination is agreed to by all other parties to the IGA; and WHEREAS, the full Commission delegated to the Executive Committee the authority to review an anticipated request by the City of Sherwood to terminate its membership in MACC, said action having been taken at the November 17, 1998 meeting of the Commission, there being no scheduled meeting of the full Commission until February 1999; and WHEREAS, the Executive Committee has considered the impact of the requested action by Sherwood, and in particular the anticipated impact of the proposed termination on the ability of the remaining members of the Commission to fully and effectively maintain their joint, cooperative effort in furtherance of the purposes of the IGA; and WHEREAS, the Executive Committee found that the termination of its membership by the City of Sherwood would not adversely affect the other member jurisdictions, and would be in the public interest to allow those jurisdictions to continue to move forward to address the important issues facing the Commission and its members, and adopted Resolution number recommending that Sherwood be granted permission to terminate its membership in MACC, provided the City of Sherwood takes formal action through its City Council to request withdrawal from MACC no later than January 15, 1999; NOW THEREFORE, BE IT RESOLVED BY THE [CITY COUNCIL/COUNTY COMMISSION] of that consent be given to the City of Sherwood to terminate its membership in MACC. The consent granted by this Resolution is qualified by each of the following conditions: 24 1. Sherwood shall file a formal written request to terminate its membership in MACC, approved by action of its City Council. Such request shall be filed with MACC at its administrative offices, provided such action is taken no later than January 15, 1999; 2. An accounting of funds paid by and/or owed by Sherwood as a result of its membership in MACC during the current fiscal year shall be made by MACC staff and forwarded to the fall Commission for review and approval or modification at the next regularly scheduled meeting of the full Commission. Such accounting shall recommend an allocation of proceeds which addresses the proposed effective date of Sherwood's termination of membership. APPROVED: ayes . nays. DISAPPROVED: ayes nays . Dated this ! day of '199 (CITY COUNCIL/COUNTY. COMMISSION] OF sy ATTEST: [City/county] recording officer * Executed copy to be filed with MACC. 25 low EXH~g~TS 1 0 t t 1 1 1 t 1 Public Communications Network (PCN) Y User Sites Within MACC Jurisdiction Banks (2) City of Sherwood: (8) • Banks High School City of Sherwood (1) • Banks Library • Sherwood School District (3) • TVF&R Video & Data (3) Beaverton (84) • WCCLS Library (1) • City of Beaverton (3) • Beaverton Schools District (44) City of Tigard: (20) • TVF&R Video & Data (26) • City of Tigard (2) • WCCLS Libraries (6) • Tigard/Tualatin School District (14) • USA (1) • TVF&R Video & Data (4) • MACC/TVCA (1) City of Tualatin: (6) ~ity of Cornelius (1) • City of Tualatin (3) WCCLS, Library • TVF&R Video & Data (2) • WCCLS Library City of Durham: (1) • USA City of Wilsonville: (4) • TVF&R Video and Voice City of Forest Grove: (13) • Forest Grove Police (1) Washington County (8) • Forest Grove School District (9) • TVF&R (1) Total Locations:208 • Forest Grove Library (1) • USA (1) City of Gaston: (1) • Gaston School District ~ity of Hillsboro: (57) City of Hillsboro (7) • Hillsboro School District (33) • TVF&R Video (2) • WCCLS Libraries (3) • NWR-ESD (2) • USA (5) • Hillsboro Chamber of NOTE: TVF&R has a total of 45 sites on the Commerce PCNfor Video and Data; Washington County Co-op Library Services has a total of 15 sites City of Lake Oswego: (19) on the PCN. • City of Lake Oswego (8) • TVF&R Video (3) 26 EXHIBIT B Summa of the Transaction On June 23, 1998, AT&T and TCI entered into an "Agreement and Plan of Restructuring and Merger" (the "Agreement") pursuant to which, -under a series of transactions, AT&T will become the parent company of TCI. Prior to the closing of the merger, TCI will combine all of the operations and business of its Liberty Media Group with its TCI Ventures Group. The TCI Group, which includes TCI's U.S. cable operations, will then acquire from the Liberty Media Group, in exchange for cash, its investments in @Home, a high speed Internet access provider, the National Digital Television. Center, and the shares of AT&T common stock owned by the Liberty Media Group. TCI will then merge with a newly formed subsidiary of AT&T, Italy Merger Corp., created specifically for the purpose of consummating the transaction, with TCI, as the surviving corporation, becoming a wholly owned subsidiary of AT&T. Under the'Agreement, AT&T will issue 0.7757 share of AT&T common stock for each share of TCI Series A TCI Group Common Stock, and 0.8533 share of AT&T common stock for each share of TCI Series B TCI Group Common Stock. As of August 31, 1998, there are 610,502,935 outstanding shares of TCI Series A TCI Group Common Stock and 73,929,229 outstanding shares of TCI Series B TCI Group Common Stock. In addition, shares of certain TCI tracking stocks relating to its Liberty Media Group and TCI Ventures Group will be exchanged for corresponding tracking stocks in AT&T. Subsequent to the merger, AT&T plans to create an AT&T Consumer Services Company and to create a "tracking stock" to reflect its performance. This company will include the TCI Group of assets„ local residential telephone, domestic long-distance residential telephone, international residential telephone and residential Internet businesses, along with AT&Ts consumer residential wireless mobile communications business. F&MMSMAT&IN ANSAcrION SUMMARY 27 POST-TRANSACTION STRUCTURE AT&T AT&T Business and AT&T Consumer Liberty Media Network Services Services Company Group Division AT&T Consumer TCI Services Group Division 6'RANCWSMAT&T CURREPTP sMuCruRE 28 EXHIBrY C Ongoing Resiponsiblities and Activities of MACC The following is a partial list of the administrative and regulatory activities performed AM CC staff and the Commission rather than each individual franchising jurisdiction. Customer Service / Consumer Protection Standard Regulation ® Rate regulation (as limited by FCC rules) ® Telephone answering standards - monitoring - enforcement - subscriber complaint resolution ® Construction standards - monitoring and enforcement 0 Ensure that customer's bills and information on their accounts is accurate and timely- work with TCI on coordination of rebuild of the residential and PCN cable systems Technical Franchise Enforcement - Residential and PCN Systems ® Inspect physical cable plant ® Monitor signal quality and service availability for outages, disruptions, quality degradation Financial Franchise Administration ® Audits of franchise payments and distributions to jurisdictions -periodic franchise fee reviews ® Recover franchise fees owed to member jurisdictions General Franchise Administration IS Administer two franchises affecting 116,0000 cable subscribers - Commission activities - Annual reports ® Transfers of ownership / Franchise renewals - Franchise violations and penalties ® Enforce compliance with local franchise, FCC rules, state and federal laws, and court decisions PCN - Coordination, Marketing, and Contract Management ® Ensure that state-of-the-art technology is available for Public Communications Network (PCN) users ® Market PCN services to public and nonprofit entities - Acts as ombudsman/liaison with TCI ® Enforce PCN performance standards - Manage award of PCN grant funds Telecommunications Assistance IN Advise members on telecommunications technologies, federal and state laws, and franchising authority ® Developed Master Telecommunications Infrastructure Ordinance for use as model by member cities; ® Participated in League of Oregon Cities' distribution of the Ordinance to all cities in the state 0 Assistance and advice on telecommunications technologies 29 Public Information and Legislative Activities ® Work with member jurisdictions, the League of Oregon Cities, and the Association of Oregon Counties to develop legislative positions and strategies for State legislation and PUC rule- making that may affect local cable and telecommunications authority. ® Represent views of member jurisdictions in contacts with state legislators and with the PUC ® Work with Governor's staff to improve administration's understanding of local cable and telecommunications authority. ® Maintain MACC web page to allow on-line comments/complaints from cable customers, provide opportunity for access, and ability to download MACC publications, franchises, ordinances, and current cable and telecommunications information. ® Produce MACC informational materials, including brochures, newsletters, and video materials. 30 EXHIBIT D Banks Beaverton Tualcat%n Fall urha D m C~Pmmun' Access Durham Forest Grove Gaston Your Center for Community Communication Hillsboro King City Lake Oswego North Plains DATE: November 24, 1998 Rivergrove Sherwood TO: MACC Jurisdictions Tigard Tualatin RE: TCI-Tualatin Valley Franchise Renewal Washington County Wilsonville TVCA manages the Public, Educational and Governmental (PEG) Access channels on the TCI-Tualatin Valley cable system through a contract with MACC, our cable regulatory agency. Citizens, community groups, schools TVCA CHANNELS and local governments within a 16-jurisdiction service area work with TVCA to develop local programming for the cable system's community Tualatin Valley access channels. All cable subscribers in your city benefit from having a M_ Portland diverse mixture of community-oriented, local television programming ® ranging from election-oriented shows and city council meeting coverage to Community Billboard cultural and youth programming. Challenge Channel The local community access channels managed by TVCA are possible (Hearing Impaired Access) through a combination of direct cable company support required by the TCI ® ® ® ® franchise, local franchise fee funding from MACC and local jurisdictions, Public Access and eamed<raised income through TVCA's efforts. WD Comm. Access Network TVCA offers qualified support for the new TCI-Tualatin Valley cable (CAM franchise, a document which is based on extensive community needs ® ® ® assessment work (required by federal law) and many months of negotiation Government Access between MACC and TCI. However, the PEG Access provisions within the ®®31 76 new franchise will not, in and of themselves, keep the community access Education Access channels viable throughout the 15-year term of the new franchise. ® Continuing local cable franchise fee funding, a critical component of the Access Channel Guide PEG Access "package," will be considered by MACC and local (Program Listings) jurisdictions after the cable franchise renewal is finalized. TVCA's qualified support of the new franchise is predicated on the continuation of some level of future cable franchise fee support commensurate with past support. We look forward to working with MACC and your jurisdiction in the winter and spring months to complete the community access "package" Feel free to contact either one of us if you have questions or comments. Sincerely, Ed Ohlmann Paula Manley Board Chairman Executive Drector 1815 NW 169th Place, 627-5029 629-8534 Ext. 105 Suite 6020 Beaverton, Oregon 97006-4886 (503) 629-8534 Voice (503) 645-8561 Fax 31 EXHIBIT E Community Access Television FACT SHEET I About Tualatin Valley Community Access (TVCA) 1 How have TVCA-Community Access Television TVCA is a nonprofit community access television organi- operations been funded in the past? zation formed by MACC to manage the cable system's TVCA operations have historically been funded through noncommercial Community Access Television channels a combination of: (1) cable company support required in (including Public, Educational and Government-PEG- the franchise; (2) cable franchise fees from MACC/local Access Channels). These channels represent a vital com- governments; and (3) funds that are earned/raised by munity communication network for the Tualatin Valley with TVCA. This includes fees charged for coverage of city programming ranging from election-oriented shows to council and county commission meetings which defray cultural and youth programming. TVCA's costs for staff devoted to meeting coverage -these productions are typically not possible to handle through Most modem cable systems, including those regulated volunteer efforts. by MACC, provide Community Access Television as a public benefit. Many local governments rely on TVCA for I What Community Access Television provisions are coverage of public meetings. Numerous educational and included in the new TCI-Tualatin Valley franchise? community groups are trained annually by TVCA to The new franchise, which is based on extensive develop their own noncommercial programming. All community needs assessment work (required by federal subscribers benefit from having a diverse array of law) and negotiating between MACC and TCI, includes community based programming. the following key Community Access Television public benefits: TVCA's mission is to provide 6 Channels, with the potential to expand to 9 communication tools, training and opportunities to people A Capital Fund (to be shared with the cable system's throughout the Tualatin Valley. Public Communications network which provides data services to public agencies and schools) allowing for replacement of Community Access equipment and facilities over the 15-year term of the franchise I Why was TVCA formed? I How are other community Access Television Substandard community access television services organMons'operationsfunded? (managed by a previous cable operator) led local Community Access organizations in Portland (Portland governments participating in MACC to overhaul the Cable Access) and East Multnomah County (Multnomah community access system in 1988. This resulted in the Community Television) are funded primarily through local formation of TVCA, a community-based organization cable franchise fee support -33% and 60% respectively devoted specifically to Community Access Television out of the total 5% of cable company gross receipts which now operates through a contract with MACC. TVCA collected. In contrast, TVCA has historically received has received numerous regional and national awards. between 15% and 17.5% in local cable franchise fee After ten years of operation, TVCA is regarded as one of support from MACC and the jurisdictions participating in the best Community Access operations in the country. MACC. Continued... 32 Community Access Television FACT SHEET, cont'd. ® Will cable subscriber bills Increase based on the CommunityAccessTelevision provisions Inthefranchise? Not directly. However, TO is allowed by law to specify on their cable bills a $ 1.00 pass through per subscriber per month that is devoted to public benefits, including Community Access Television and the Public Communi- cations Network. Tualatin Malley Community Access Eamed/Raised Income Projected Change in Annual Revenues... ($160,785) 16% Y- Revenue Sources Received In FY 97/98 TCI-wash Co. (Last Full Year Under the Old Franchise Fee TCI-Tualatin Valley Franchise) ($71,282) Cable Operator Revenue y ) 7% ($511,228) 49% TCI-Tualatin Valley Franchise Fee ($289,638) 28% FY 97/98 Total $1,032,933 Projected Revenue Sources in FY 99/00 Earned/Raised Income (First Full Year Under the New $119,379* TCI-Tualatin Valley Franchise) 24% Assumes Continuing Franchise Fee Franchise se Co. Support from Jurisdictions Franchise Fee ($71,zo6) 14% 'Drop in Eamed/Raised Income is due to temporarily reduced capacity because of facility relocation. TCI-Tualatin Valley Note: Projections include franchise fee contributions at a Franchise Fee commensurate level with past support. MACC/Local ($314,424) governments will decide on the actual level of continuing 62% FY 99/00 Total franchise fee support for community access operations afta the franchise renewal. $505,009 -Developed by TVCA,11-2b-98 33 0ig)a,n.1ZaU'L'0' er S'; , Ved . (Knit im, Community-Civic 6roupS Governmental Groups Advocates for Curriculum Excellence Beaverton Police Department Aloha High School Class of 1976 Clackamas County American Friends Service Committee City of Beaverton American Heart Association City of Banks American Lung Association of Oregon City of Cornelius Associated Services for International City of Durham Adoption City of Forest Grove Beaverton Arts Commission City of Gaston Beaverton Chamber of Commerce City of Hillsboro Beaverton Christian Church City of Sherwood Beaverton Community Band City of Wilsonville Beaverton Community Dispute Older Adult Service and Information City of Lake Oswego Resolution Center System (OASIS) City of Rivergrove Beaverton Education Foundation OMSI City of King City Beaverton Good Neighbors Day Parade Oregon Child Development Coalition City of Tigard Beaverton Literacy Council Oregon Council for Hispanic City of Tualatin Beaverton Rotary Advancement City of North Plains Beaverton Sierra Club Oregon Council for the Humanities Clackamas County Tourism Dept. Boys and Girls Aid Society Oregon Donor Program Hillsboro Parks & Recreation Dept. Broadway Rose Theater Company Oregon Forest Resource Institute Metro Butterflies Forever Oregon Human Development Corp. Metro Washington Park Zoo Cascadia Commons Co-Housing Oregon Humane Society Metropolitan Area Communications Eco Village Oregon Society of Artists Commission CAUSA 98 Oregon Symphonic Band North Clackamas Parks & Center for Peace Oregon Youth Conservation Corps Recreation Dist. Centro Cultural Orion Dyslexia Society Oregon Department of Transportation Clackamas County Historical Society Pacific University Department of Music Tualatin Hills Park & Recreation Dist. Clackamas County Fair Pacific University College of Optometry Tri-Met Clackamette Mineral and Gem Parenting Skills Center U.S. Air Force Community Action Organization Persia House Veterans Administration Cornelia Connelly Pastoral Physicians for Social Responsibility Washington County Counseling Center PLAN International Adoption Services Washington County Cooperative Dads Against Discrimination Portland Art Museum Library Services Easter Seal Society of Oregon Portland Water Spectacular Washington County Health Dept. Evergreen Christian Center The Private Industry Council Washington County Dept. of Family Empowerment Project, Regional Arts and Culture Council Housing Services Americorp Rose City Park United Methodist Church Washington County Land Use Fair Housing Council of Oregon Stop Oregon Litter and Vandalism & Transportation First Emanuel Lutheran Church Southminster Presbyterian Church Flying Focus Video Collective Theatre in the Grove Educational Groins Forest Grove Chamber of Commerce Tigard High School Forest Hills Lutheran School Toastmasters Beaverton Alternative Schoo of the Arts Friends of Tryon Creek State Park Tuality Health Care Beaverton School District foundation for Inner Development Tualatin Chamber of Commerce Five Oaks Middle School Northwest Tualatin Hills Synchronized Forest Grove High School Greater Portland Flute Society Swimming Club Glencoe High School The Greater Portland Hand in Tualatin Riverkeepers Jesuit High School Hand Coalition Tualatin Valley Harmony Masters Lake Oswego Adult Community Helvetia-Alpengluehn Swiss Singers Unity Center Church High School Hillsboro Chamber of Commerce Village Baptist Church Mooberry Elementary School Independent Living Resources Volunteer Center & Retired Senior Northwest Film Center La Casa del Futuro Volunteer Program Oregon Graduate Institute of Science Lake Oswego Adult Community Center Volunteer Transportation, Inc. and Technology Lakewood Theater Company Washington County Extension Service Oregon Health Sciences University Leadership Hillsboro Washnigton County Historical Society Oregon Regional Primate Research Ctr. League of Women Voters of Washington County Fair and Rodeo OSU Extension Service Washington County Washington County Public Affairs Forum Pacific University Metro Crisis Line Washington County Special Olympics Portland Community College Miracle Theater Washington County Visitors Association Reed College The Musical Theater Company Washington County Wood Cutters Saturday-Academy National Center for Men-OR Chapter Wilsonville Boone's Ferry Days Tigard High School Northwest Antique Airplane Club Women Entrepreneurs of Oregon University of Oregon High School Northwest Association of Book Womerfs International League for Equivalency Program Publishers Peace and Freedom Valley Catholic School Northwest Film Center YMCA Gaston Family Resource Center Westview High School Old Aurora Colony Museum Wilson High School TWA Annual Report lg91/q8 34 E)UMBIT F Tigard-Tualatin School District 23J tO`rl; l~ Crrdw 13137 &W. Fed Nqhw" % t~ oK9«► tsos~d2o-te2o • cAxesoslee&rive • tMpv/www.andklL«.v, ttoao a txxto►s . fttQWChCir nNowloo . November 25,1995 tAe~t#seLtdD• ` Karen McKinney City Councilor owaoroNauon~bo~+,rr 3304 NF Jackson Loop Road Hillsboro, OR 97124 Oraora3Mnsrrtmnlcv, PtMeoHW4k d+ Dear City Councilor. As a follt>w tip to my Septerr►Ixxr 28, 1 W5 letter rabnrdinb A4A.CCfrCI conlretel y~,~„►,a„ decisions, I met with Bruce Crest and %poke to Tony Weller. They gave me sc &*eko~a information which answered my concerns. emm AMltOMFISC T am generally satisfied with the proposed TCI contr.ut and support MACC's plan cromf.19waaa" to proceed. I continue to have strong interest in the grant protocol and how grant Arepwe.lo+cpd money will be distributed. I also have the same level of interest in school district DMOM representation on MACC and its related committees. I hope then: will be . &riot hh4a opportunities to discuss these matters further. vPG00 N". Sincerely, )"A" ftXW 4~-X~ nmct Russell A. Joki. Ed.D. Superintendent het P^ PIN Mar MA~odo~e EpngtMar Afit>;~Mdi AMC¢d . ~OM1etp~9~'sa~oa l2AJ:km 3uoor►Cd1~C. ~ . j tisrxercaaa+M oo c: Northwest FAicadimal Service Distrid Washington County Superintendents . tnoartaaavsa,oo► am o!w•.td i ii Moe Tr.~ r~vmcrd ; luGtpm►MpnSchoa► i torryeMf~ron vmcmd . 218CWAgAM0" ACI MCC9eyas Mk! kono~n OYQeta Our c raft r mr g to at"to oww mount to tie o wcccatul GrYI xvarave contrexitm h ow changiv world 35 EXHIBIT G METROPOLITAN AREA COMMUNICATIONS COMMISSION RESOLUTION 98-4 A RESOLUTION RECOMMENDING TO THE MEMBER JURISDICTIONS OF THE METROPOLITAN AREA COMMUNICATIONS COMMISSION THAT THEY GRANT TCI OF OREGON, INC. A RENEWAL OF ITS CABLE SERVICES FRANCHISE AGREEMENT WHEREAS, in 1980 the Metropolitan Area Communications Commission (hereinafter MACC) was formed by Intergovernmental Agreement (hereinafter IGA) to work cooperatively and jointly on communications issues, in particular the joint franchising of cable services and . the common administration and regulation of such franchise agreements; and, WHEREAS, today the member jurisdictions of MACC consist of Washington County and the cities of Banks, Beaverton, Cornelius, Durham, Forest Grove, Gaston, Hillsboro, King City, Lake Oswego, North Plains, Rivergrove, Sherwood, Tigard, Tualatin, Wilsonville; and, WHEREAS, the IGA authorizes MACC and its jurisdictions to grant one or more nonexclusive franchise agreements to construct, operate, and maintain a cable service system within the combined boundaries of the member jurisdictions; and, WHEREAS, the IGA requires that each member jurisdiction must formally approve any joint cable service franchise agreements; and, WHEREAS, MACC and its member jurisdictions granted a joint franchise agreement for cable service in 1982, which is now owned by TCI of Oregon Inc. (hereinafter TCI), and which expires on February 10, 1999; and, WHEREAS, TCI has properly requested that its franchise agreement with the MACC and its member jurisdictions be renewed; and, WHEREAS, the MACC Board of Commissioners adopted Resolution #96-2 on March 20, 1996 authorizing commencement of renewal proceedings and directing staff to implement the necessary processes and procedures to do so; and, WHEREAS, MACC, on behalf of its member jurisdictions, has assessed the future cable related needs and desires of the many communities represented by the jurisdictions, and have incorporated those needs into the provisions of the new franchise agreement; and, WHEREAS, MACC, on behalf of its member jurisdictions, has considered the legal, technical and the financial ability of TCI to own and operate the cable system under a new franchise; and, WHEREAS, MACC, on behalf of its member jurisdictions; after such consideration, analysis, and deliberation as are required by law, has approved and found sufficient the financial, technical, and legal qualifications of TCI to provide cable services; and, 36 r Resolution 98-4 pg. 2 WHEREAS, MACC, on behalf of its member jurisdictions, has negotiated a new franchise agreement with TO based on the needs and desires of the MACC communities; and, WHEREAS, MACC has provided adequate notice and opportunities for public comment on the proposed new franchise agreement for cable service; and, WHEREAS, the MACC Board of Commissioners, after careful. consideration is prepared to recommend to the member jurisdictions that they grant TCI a renewal of their cable services franchise agreement. NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE METROPOLITAN AREA COMMUNICATIONS COMMISSION THAT: 1. MACC and TCI have negotiated a cable services franchise agreement to serve the combined boundaries of the member jurisdictions. 2. The proposed franchise agreement reflects the needs and desires of the many communities represented in the jurisdictions. 3. TCI has the legal, technical and financial qualifications to own and operate the proposed cable services system. 4. MACC recommends to its member jurisdictions that they concur with its findings and that they grant TCI a cable services franchise agreement based on the terms and conditions contained in the proposed agreement contained herein as Exhibit A. 5. The member jurisdictions' grant of a joint franchise agreement shall be contingent on the affirmative vote of each jurisdiction's governing body 6. The member jurisdictions' grant of a cable services franchise agreement to TCI shall become effective upon TCI's fulfillment of the franchise acceptance provisions contained in the franchise agreement and upon the formal determination of the MACC staff that the jurisdictions have so consented. Resolution 984, p. 3 ADOPTED BY THE BOARD OF COMMISSIONERS OF THE METROPOLITAN AREA COMMUNICATIONS COMMISSION THIS 17TH DAY OF NOVEMBER 1998. &24 Evelyn Brze ' s ' ice Ch Or ting as Chair 37 EXHIBIT H METROPOLITAN AREA COMMUNICATIONS COMMISSION RESOLUTION 98 - 5 A RESOLUTION RECOMMENDING TO THE MEMBER JURISDICTIONS OF THE METROPOLITAN AREA COMMUNICATIONS COMMISSION THAT THEY CONSENT TO THE CHANGE OF CONTROL OF TELE-COMMUNICATIONS, INC. THE PARENT COMPANY OF THE CURRENT CABLE SERVICES FRANCHISE HOLDER, TCI CABLEVISION OF OREGON INC., TO AT&T, INC. A NEW YORK CORPORATION WHEREAS, in 1982, the member jurisdictions of the Metropolitan Area Communications Commission (hereinafter MACC) entered into a Cable Communications System Franchise Agreement (hereinafter Agreement) with Storer Metro Communications, Inc. (hereinafter Storer); and, WHEREAS, in 1986, the members of MACC approved the transfer of the cable television franchise from Storer to Tidel Communications, Inc. (hereinafter Tidel), and authorized Tidel's assignment of the franchise operation to Willamette Cable TV, Inc. (hereinafter Willamette), a corporation wholly owned at that time by Tidel; and, WHEREAS, in 1986, the members of MACC approved an amendment to the Agreement, approved the transfer of the franchise from Tidel to Willamette, and further approved a transfer of control of Willamette whereby Willamette became wholly owned by Columbia Cable of Oregon, Inc. (hereinafter Columbia), a Delaware general partnership; and, WHEREAS, in 1995, the members of MACC approved the transfer of the cable services franchise agreement as amended, and transferred the control of Willamette whereby it became wholly owned by TCI Cablevision of Oregon, Inc. (hereinafter TCIO), whose parent is Tele- Communications Inc. (hereinafter TCI), and changed the name of Willamette to TCI of the Tualatin Valley, Inc. (hereinafter TCITV); and, WHEREAS, AT&T Inc. a New York Corporation (hereinafter AT&T) and TCI have agreed to merge their companies whereby TCI will become a wholly owned subsidiary of AT&T, and TCIO has requested the consent of the MACC member jurisdictions for a change of control of TCIO's parent company TCI, by filing a Federal Communications Commission (hereinafter FCC) Form 394 with MACC and the jurisdictions; and, WHEREAS, federal law establishes a procedure for local franchise authorities to review requests for change of control of the cable television franchise and to assess the legal, technical, and financial ability of the new controlling entity to own and operate the franchise under the terms and conditions of the Franchise Agreement as amended; and, WHEREAS, MACC staff has reviewed the Form 394 from TCIO and has requested certain additional information of AT&T to assess its legal, technical, and financial qualifications; and, 39 Resolution 98-5 Pg. 2 WHEREAS, MACC staff has reviewed the information presented by AT&T as well as certain assurances made by them; and, WHEREAS, MACC held a public hearing on the 17'h day of November, 1998, and at that meeting testimony from Gloria Crayton of TCIO, speaking on behalf of AT&T, in support of the change of control request was received,-and MACC further received other public testimony in person and via other written and electronic communications; and, WHEREAS, MACC has received a letter of assurance from AT&T, a copy of which is attached hereto as Exhibit A, wherein AT&T agrees to abide by the terms and conditions of the Franchise Agreement as amended; and, WHEREAS, MACC has considered all testimony offered by the public as well as by the representatives of TCIO and AT&T; NOW THEREFORE BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE METROPOLITAN AREA COMMUNICATIONS COMMISSION THAT: A. MACC, based upon the evidence presented and its own research and investigation, is of the opinion that AT&T has the legal, technical, and financial qualifications to own and operate the cable services franchise under the terms and conditions of the Franchise Agreement as amended. B. MACC is of the opinion that AT&T is fully aware of the terms and conditions of the Franchise Agreement, as amended, and that TCITV will operate the system in compliance with those terms and conditions based upon the testimony of Gloria Crayton and the information provided by AT&T, including the assurances made in the letter from AT&T dated October 15, 1998. C. MACC recommends to the member jurisdictions that they concur with its findings and consent to the request to change the control of TCl, the parent of the current franchise holder TCIO, to AT&T. D. The Member jurisdictions' consent to the change of control of the franchise shall become effective upon MACC staff's formal determination that all member jurisdictions have so consented. ADOPTED BY THE BOARD OF COMMISSIONERS OF THE METROPOLITAN AREA COMMUNICATIONS COMMISSION this 17'b day of November 1998. Evelyn Brzezinski, Vice Chair acting as Chair 39 EXHIBIT I METROPOLITAN AREA COMMUNICATIONS COMMISSION RESOLUTION 98 - 6 A RESOLUTION RECOMMENDING TO THE WASHINGTON COUNTY BOARD OF COMMISIONERS THAT THEY CONSENT TO THE CHANGE OF CONTROL OF TELE-COMMUICATIONS, INC. THE PARENT COMPANY OF THE CURRENT CABLE SERVICES FRANCHISE HOLDER, TCI CABLEVISION OF OREGON INC., TO AT&T, INC. A NEW YORK CORPORATION WHEREAS, TCI of Oregon (hereinafter TCIO), whose parent is Tele-Communications Inc. (hereinafter TCI), was granted a cable television franchise in 1994 by Washington County (hereinafter the County); and, WHEREAS, AT&T Inc. a New York Corporation (hereinafter AT&T) and TCI have agreed to merge their companies whereby TCI will become a wholly owned subsidiary of AT&T, and TCIO has requested the consent of the County for a change of control of TCIO's parent company TCI, by filing a Federal Communications Commission (hereinafter FCC) Form 394 with the Metropolitan Area Communications Commission (hereinafter MACC) and the County; and, WHEREAS, federal law establishes a procedure for local franchise authorities to review requests for changes of control of the cable services franchise and to assess the legal, technical, and financial ability of the new controlling entity to own and operate the franchise under the terms and conditions of the Franchise Agreement; and, WHEREAS, MACC staff, as the agent for the County, has reviewed the Form 394 from TCIO and has requested certain additional information of AT&T to assess its legal, technical and financial qualifications; and, WHEREAS, MACC staff has reviewed the information presented by AT&T as well as certain assurances made by them; and, WHEREAS, MACC held a public hearing on the 17`h day of November, 1998, and at that meeting testimony from Gloria Crayton of TCIO, speaking on behalf of AT&T, in support of the change of control request was received, and MACC further received other public testimony in person and via other written and electronic communications; and, WHEREAS, MACC has received a letter of assurance from AT&T, a copy of which is attached hereto as Exhibit A, wherein AT&T agrees to abide by the terms and conditions of the Franchise Agreement; and, WHEREAS, MACC has considered all testimony offered by the public as well as by the representatives of TCIO and AT&T; 40 Resolution 98-6 Pg. 2 NOW THEREFORE BE IT RESOLVED BY THE BOARD OF COMMISISONERS OF THE METROPOLITAN AREA COMMUNICATIONS COMMISSION THAT: A. MACC, based upon the evidence presented and its own research and investigation, is of the opinion that AT&T has the legal, technical, and financial qualifications to own and operate the cable services franchise under the terms and conditions of the Franchise Agreement. B. MACC is of the opinion that AT&T is fully aware of the terms and conditions of the Franchise Agreement, as amended, and that TCITV will operate the system in compliance with those terms and conditions based upon the testimony of Gloria Crayton and the information provided by AT&T, including the assurances made in the letter from AT&T dated October 15, 1998. C. MACC recommends to the County that they concur with its findings and consent to the request to change the control of TCI, the parent of the current franchise holder TCIO, to AT&T. D. The County's consent to the change of control of the franchise shall become effective upon MACC stars formal determination that the County has so consented. ADOPTED BY THE BOARD OF COMMISSIONERS OF THE METROPOLITAN AREA COMMUNICATIONS COMMISSION this 17th day of November 1998. Evelyn B ice ai cting as Chair 41 ® Exhibit A to Jurisdiction Ordinance for Franchise Renewal CABLE TELEVISION SERVICES AGREEMENT between The City of Tigard and TCI of Oregon FEBRUARY 1999 TABLE OF CONTENTS PREAMBLE Page Iii - iv SECTION 1. DEFINITIONS Page 1 SECTION 2. GRANT OF FRANCHISE 2.1 GRANT Page 7 2.2 USE OF PUBLIC STREETS AND WAYS Page 8 2.3 DURATION Page 8 2.4 EFFECTIVE DATE Page 8 2.5 FRANCHISE NONEXCLUSIVE Page 8 2.6 GRANT OF OTHER FRANCHISES Page 9 2.7 POLICE POWERS Page 9 2.8 RELATIONS TO OTHER PROVISIONS OF LAW Page 9 2.9 EFFECT OF ACCEPTANCE Page 9 SECTION 3 - FRANCHISE FEE AND FINANCIAL CONTROLS 3.1 FRANCHISE FEES Page 11 3.2 PAYMENTS Page 11 3.3 ACCEPTANCE OF PAYMENT AND RECOMPUTATION Page 11 3.4 QUARTERLY FRANCHISE FEE REPORTS Page 11 3.5 ANNUAL FRANCHISE FEE REPORTS Page 11 3.6 AUDITS/REVIEWS Page 12 3.7 INTEREST ON LATE PAYMENTS Page 12 3.8 ALTERNATIVE REMEDIES Page 12 3.9 ADDITIONAL COMMITMENTS NOT FRANCHISE FEES Page 13 3.10 COSTS OF PUBLICATION Page 13 3.11 TAX LIABILITY Page 13 3.12 PAYMENT ON TERMINATION Page 13 SECTION 4 - ADMINISTRATION AND REGULATION 4.1 AUTHORITY Page 14 4.2 RATES AND CHARGES Page 14 4.3 RATE DISCRIMINATION Page 14 4.4 FILING OF RATES AND CHARGES Page 14 4.5 TIME LIMITS STRICTLY CONSTRUED Page 15 4.6 PERFORMANCE EVALUATION SESSIONS Page 15 SECTION 5 - FINANCIAL AND INSURANCE REQUIREMENTS 5.1 INSURANCE REQUIREMENTS Page 17 5.2 DEDUCTIBLES AND SELF-INSURED RETENTIONS Page 17 5.3 INDEMNIFICATION Page 18 5.4 LETTER OF CREDIT Page 19 5.5 PERFORMANCE BOND Page 21 5.6 INCIDENTAL PAYMENT Page 21 SECTION 6 - CUSTOMER SERVICE 6.1 DEFINITIONS Page 22 6.2 LOCAL OFFICE Page 22 6.3 TELEPHONE ANSWERING STANDARDS Page 22 6.4 INSTALLATIONS, OUTAGES AND SERVICE CALLS Page 23 6.5 NOTICE REQUIREMENTS Page 24 6.6 SPECIAL NOTICE PROCEDURES Page 24 6.7 BILLING Page 25 • i 6.8 SUBSCRIBER PRIVACY Page 26 6.9 EMERGENCY BROADCAST Page 26 SECTION 7 - REPORTS AND RECORDS 7.1 OPEN RECORDS Page 27 $ 7.2 CONFIDENTIALITY Page 27 7.3 COPIES OF FEDERAL AND STATE DOCUMENTS Page 28 7.4 COMPLAINT FILE AND REPORTS Page 28 7.5 INSPECTION OF FACILITIES Page 29 7.6 FALSE STATEMENTS Page 29 7.7 REPORT EXPENSE Page 29 SECTION 8 - PROGRAMMING 8.1 BROAD PROGRAMMING CATEGORIES Page 30 8.2 PARENTAL CONTROL DEVICE Page 30 8.3 LEASED ACCESS CHANNELS Page 30 8.4 CONTINUITY OF SERVICE Page 30 8.5 SERVICE FOR THE DISABLED Page 31 SECTION 9 - PUBLIC, EDUCATIONAL & GOVERNMENTAL ACCESS (PEG) 9.1 GENERAL DEFINITIONS Page 32 9.2 MANAGEMENT AND CONTROL OF ACCESS CHANNELS Page 32 9.3 CHANNEL CAPACITY AND USE Page 33 9.4 RELOCATION OF ACCESS CHANNELS Page 34 9.5 ORIGINATION POINTS Page 34 9.6 ACCESS INTERCONNECTIONS Page 35 9.7 CAPITAL SUPPORT FOR ACCESS COSTS Page 36 9.8 TRIGGER FOR EXPANSION OF ACCESS CHANNELS Page 37 9.9 ACCESS SUPPORT NOT FRANCHISE FEES Page 38 9.10 ACCESS CHANNELS ON LOWEST AVAILABLE TIER Page 38 9.11 CHANGE IN TECHNOLOGY Page 39 9.12 TECHNICAL QUALITY Page 40 9.13 PROMOTIONAL SERVICES Page 40 9.14 CHANNEL IDENTIFICATION Page 40 SECTION 10 - GENERAL STREET USE AND CONSTRUCTION 10.1 CONSTRUCTION Page 41 10.2 LOCATION OF FACILITIES Page 41 10.3 RELOCATION Page 41 10.4 RESTORATION OF STREETS Page 42 10.5 MAINTENANCE AND WORKMANSHIP Page 42 10.6 RESERVATION OF GRANTOR STREET RIGHTS Page 42 10.7 USE OF CONDUITS BY GRANTOR Page 43 10.8 STREET VACATION Page 43 10.9 DISCONTINUING USE OF FACILITIES Page 43 a 10.10 HAZARDOUS SUBSTANCES Page 44 i 10.11 UNDERGROUNDING OF CABLE Page 44 10.12 CODES Page 47 10.13 STANDARDS Page 47 SECTION 11 -SYSTEM DESIGN 11.1 SUBSCRIBER NETWORK Page 48 11.2 PUBLIC COMMUNICATIONS NETWORK (PCN) Page 50 SECTION 12 - TEST AND COMPLIANCE PROCEDURES Page 56 µ ii P y SECTION 13 - SERVICE EXTENSION, CONSTRUCTION, & INTERCONNECTION 13.1 EQUIVALENT SERVICE Page 57 13.2 SERVICE AVAILABILITY Page 57 13.3 CONNECTION OF PUBLIC FACILITIES Page 58 SECTION 14 - STANDBY POWER Page 59 SECTION 15 - FRANCHISE VIOLATIONS; REVOCATION OF FRANCHISE 15.1 PROCEDURE FOR REMEDYING FRANCHISE VIOLATIONS Page 60 15.2 FINES Page 62 15.3 REVOCATION Page 63 15.4 RELATIONSHIP OF REMEDIES Page 63 15.5 REMOVAL Page 64 15.6 RECEIVERSHIP AND FORECLOSURE Page 64 15.7 NO RECOURSE AGAINST GRANTOR Page 65 15.8 NONENFORCEMENT BY GRANTOR Page 65 SECTION 16 - ABANDONMENT 16.1 EFFECT OF ABANDONMENT Page 66 16.2 WHAT CONSTITUTES ABANDONMENT Page 66 SECTION 17 - FRANCHISE RENEWAL AND TRANSFER 17.1 RENEWAL Page 67 17.2 TRANSFER OF OWNERSHIP OR CONTROL Page 67 SECTION 18 - SEVERABILITY Page 69 SECTION 19 - MISCELLANEOUS PROVISIONS 19.1 PREFERENTIAVDISCRIMINATORY PRACTICES PROHIBITEDPage 68 19.2 DISPUTE RESOLUTION Page 70 19.3 NOTICES Page 70 19.4 BINDING EFFECT Page 70 19.5 AUTHORITY TO AMEND Page 71 19.6 GOVERNING LAW Page 71 19.7 GUARANTEE Page 71 19.8 CAPTIONS Page 71 19.9 ENTIRE AGREEMENT Page 71 .19.10 CONSTRUCTION OF AGREEMENT Page 71 19.11 FRANCHISE REVIEW Page 71 ATTACHMENT 9.5 A - Permanent Origination Sites, Existing Page 73 ATTACHMENT 9.5 B - Permanent Origination Sites, Proposed Page 74 ATTACHMENT 11.2 A - PCN Service and Performance Standards Page 75 ATTACHMENT 11.2 B - PCN Rate Schedule Page 81 iii CABLE TELEVISION SYSTEM FRANCHISE AGREEMENT This Cable Services Franchise Agreement (hereafter Agreement) is entered into this day of 1999, by and between the Oregon cities of Banks, Beaverton, Cornelius, Durham, Forest Grove, Gaston, Hillsboro, King City, Lake Oswego, North Plains, Rivergrove, Sherwood, Tigard, Tualatin, Wilsonville together with Washington County, Oregon, individually and collectively, (hereafter Grantors), who by Intergovernmental Cooperation Agreement (hereafter IGA), joined together in 1980 as the Metropolitan Area Communications Commission (hereafter Commission), to work cooperatively and jointly on communications issues, in particular the joint franchising of cable television services and the common administration and regulation of such franchise agreements, and TCI Cablevision of Oregon, Inc. (hereafter Grantee), a registered corporation in the State of Oregon. WHEREAS, the Commission granted a joint franchise agreement for cable services in 1982, which franchise is now owned by Grantee, and expires on February 10, 1999; and, WHEREAS, Grantee has properly requested that its franchise agreement with the Commission and its member jurisdictions be renewed; and, WHEREAS, the Grantors are authorized by the IGA to grant one or more nonexclusive franchises to construct, operate, and maintain a cable television system within the combined boundaries of the member jurisdictions; and, WHEREAS, the Grantors have assessed the future cable communications needs and desires of the communities represented by its member jurisdictions, and have incorporated those needs into the provisions of the new franchise agreement; and, WHEREAS, the Grantors have considered the financial condition, technical ability, and legal qualifications of the Grantee; and, WHEREAS, the Grantors, after such consideration, analysis, and deliberation as are required by applicable law, have approved and found sufficient the financial, technical, and legal qualifications of the Grantee to provide cable television service; and, WHEREAS, the Grantee is willing to accept this Agreement subject to its terms and conditions and to abide by those terms and conditions; and, WHEREAS, the public has had adequate notice and opportunity to comment on Grantee's application to provide cable television service; and, WHEREAS, although the governing body of each Grantor will separately adopt this franchise agreement, it is intended that Grantee shall rely upon, look to, communicate with, and comply with the orders and decisions of the Commission, its agents and iv employees for all matters upon which the Commission has authority to act and which are relevant to carrying out the purposes of this Agreement, and that Grantors intend to be bound by its decisions and actions taken pursuant to the powers, duties, and responsibilities set forth in the IGA, as amended. NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL PROMISES MADE M~ HEREIN AND OTHER GOOD AND VALUABLE CONSIDERATION, THE RECEIPT AND THE ADEQUACY OF WHICH IS HEREBY ACKNOWLEDGED, THE GRANTORS AND THE GRANTEE DO HEREBY AGREE AS FOLLOWS: v m SECTION 1 - DEFINITIONS For the purposes of this Agreement and all attachments included hereto, the following terms, phrases, words and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural include the singular, and words in the singular include the plural. Words not defined shall be given their common and ordinary meaning. The word "shall" is always mandatory and not merely directory. 1.1 Access means the availability for noncommercial use by various. agencies, institutions, organizations, groups and individuals in the community, including Grantor and its designees, of the Cable System to acquire, create, receive, and distribute video, Cable Service, and signals as permitted under applicable law, including, but not limited to: (A) Public Access which means Access where organizations, groups or individual members of the general public, on a nondiscriminatory basis, are the primary users; (B) Educational Access which means Access where schools and educational institutions are the primary users of programming and service (C) Governmental Access which means Access where governmental institutions are the primary users of programming and service; and (D) PEG Access which means Public Access, Educational Access, and Governmental Access, collectively. 1.2 Access Center means a facility or facilities where Public, Educational, or Governmental use signals are managed and delivered to the Grantee for Downstream transmission to Subscribers or to other Access Centers via a dedicated connection. 1.3 Access Channel means any Channel, or portion thereof, designated for non-commercial Access purposes or otherwise made available to facilitate or transmit Access programming or service. 1.4 Affiliate when used in connection with Grantee means any corporation, Person or entity that owns or controls, is owned or controlled by, or is under common ownership or control with, Grantee. Cable Television Services Agreement -1999 Page 1 Metropolitan Area Communications Commission / TCI of Oregon 1.5 Basic Service means any service tier which includes the retransmission of local television broadcast signals and Public, Educational and Governmental Access Channels, or such service tier as may be further defined by federal law. 1.6 Cable Acts means the Cable Communications Policy Act of 1984 and the Cable Television Consumer Protection and Competition Act of 1992 and any amendments thereto, including those contained in the Telecommunications Act of 1996. 1.7 Cable Operator means any Person or group of Persons, including Grantee, who provide Cable Service over a Cable System and directly owns a significant interest in such Cable System, or who otherwise control or are responsible for, through any arrangement, the management and operation of such a Cable System. 1.8 Cable Service means the one-way transmission to Subscribers of video programming or other programming service and Subscriber interaction, if any, which is required for the selection or use of such video programming or other programming service. 1.9 Cable System means a facility, consisting of a set of closed trap- : ~ fission paths and associated signal generation, reception, and control equipment that is designed to provide Cable Service which includes video programming and which is provided to multiple Subscribers within a community, but such term does not include (1) a facility that serves only to retransmit the television signals of one or more television broadcast stations; (2) a facility that serves Subscribers without using any public right-of-way; 3) a facility of a common carrier which is subject, in whole or in part, to the provisions of Title iI of the federal Communications Act (47 U.S.C. 201 et seq.), except that such facility shall be considered a Cable System (other than for purposes of Section 621(c) (47 U.S.C. 541(c)) to the extent such facility is used in the transmission of video programming directly to Subscribers, unless the extent of such use is solely to provide interactive on-demand service; (4) an open video system that complies with federal statutes; or (5) any facilities of any electric utility used solely for operating its electric utility systems. 1.10 Channel means a portion of the electromagnetic frequency spectrum which is used in a cable system and which is capable of delivering video signal whether in an analog or digital format. This definition does not restrict the use of any channel to the transmission of analog video signals. 1.11 Commission means the Metropolitan Area Communications Commission and its officers, agents and employees, created and exercising its powers pursuant to Cable Television Services Agreement -1999 Page 2 Metropolitan Area Communications Commission / TCI of Oregon an Intergovernmental Cooperation Agreement entered into by Grantors herein, as authorized by state law (particularly ORS Chapter 190) and the laws, charters, and other authority of the individual member units of local government who are members of the Commission. The powers of the Commission have been delegated to it by Grantors and although it may exercise those powers as an entity, it remains a composite of Grantors herein. 1.12 Designated Access Provider means the entity or entities designated by the Grantor to manage or co-manage Public, Educational or Governmental use Channels and facilities. The Grantor may be a Designated Access Provider. 1.13 Downstream means the transmission from the Headend to remote points on the Cable System or to interconnection points on the Cable System. 1.14 FCC means the Federal Communications Commission. 1.15 Franchise means the non-exclusive and revocable authorization or renewal thereof for the construction or operation of a Cable System such as is granted by this Agreement, whether such authorization is designated as a Franchise, license, resolution, contract, certificate, agreement or otherwise. 1.16 Franchise Area means the area within the jurisdictional boundaries of the signers of the Intergovernmental Agreement that comprise the Metropolitan Area Communications Commission including any additional signers during the term of this Agreement but excluding franchise territory covered by the separate Washington County franchise. 1.17 Grantor means, individually and collectively, the Oregon cities of Banks, Beaverton, Cornelius, Durham, Forest Grove, Gaston, Hillsboro, King City, Lake Oswego, North Plains, Rivergrove, Sherwood, Tigard, Tualatin, and Wilsonville together with Washington County, Oregon who, by Intergovernmental. Cooperative Agreement, joined together in 1980 as the Metropolitan Area Communications Commission. 1.18 Gross Revenues means all amounts, in whatever form and from all sources, earned either by the Grantee from the operation of Grantee's Cable System to provide Cable Services within the Franchise area, or by any Affiliate only to the extent such amounts are earned from the operation of Grantee's Cable System to provide Cable Services within the Franchise area. "Gross Revenues" shall include, without limitation, amounts for Basic Service, tiers of service and premium services, audio services, Subscriber installations and transactions, leased access, advertising, equipment rentals, and all other revenues derived from the operation of Grantee's Cable System to provide Cable Services. Cable Television Services Agreement -1999 Page 3 Metropolitan Area Communications Commission / TCI of Oregon Revenues that are not directly attributable to specific customers; such as advertising revenue and home shopping commissions, shall be allocated to systems and jurisdictions on a per Subscriber basis measured in a consistent manner from period to period. f "Gross Revenues" shall not be net of: (1) any operating expense; (2) any accrual, including without limitation, any accrual for commissions; or (3) any other expenditure, regardless of whether such expense, accrual, or expenditure reflects a cash payment. "Gross Revenues", however, shall not be double counted. Revenues of both Grantee and an Affiliate that represent a transfer of funds between the Grantee and the Affiliate, and that would otherwise constitute gross Revenues of both the Grantee and the Affiliate, shall be counted only once for purposes of determining Gross Revenues. Similarly, operating expenses of the Grantee which are payable from Grantee's revenue to an Affiliate and which may otherwise constitute revenue of the Affiliate, shall not constitute additional Gross Revenues for the purpose of this Franchise. "Gross Revenues" shall include amounts earned by Affiliates only to the extent that Grantee could, in concept, have earned such types of revenue in connection with the operation of Grantee's Cable System to provide Cable Services and recorded such types of revenue in its books and records directly, but for the existence of Affiliates. "Gross Revenues" shall not include sales taxes imposed by law on Subscribers that the Grantee is obligated to collect. With the exception of recovered bad debt, "Gross Revenues" shall not include bad debt. 1.19 Headend means a facility for signal reception and dissemination on a Cable System, including cables, antennas, wires, satellite dishes, monitors, switches, modulators, processors and all other related equipment and facilities. 1.20 Interconnection means the provision by Grantee of technical, engineering, physical, and all other necessary components to maintain a physical linking of Grantee's Cable System and Cable Service or any designated Channel or signal pathway thereof with neighboring Cable Systems, so that Cable Service of technically adequate quality may be sent to, and received from, other systems in accordance with this Agreement. 1.21 teased Access Channel means any Channel commercially available for programming for a fee or charge by Grantee to members of the general public. 1.22 Origination Point means a location other than an Access Center, where Public, Educational, or Governmental use programming is delivered to the Grantee for Upstream transmission. Cable Television Services Agreement -1999 Page 4 Metropolitan Area Communications Commission / TCI of Oregon 1.23 Person means any individual, natural Person, sole proprietorship, partnership, association, or corporation, or any other form of entity or organization. 1.24 Public Communications Network (PCN) means the separate communications ,r network provided by the Grantee designed principally for the provision of non- entertainment, interactive services to schools, public agencies, or other non- profit agencies for use in connection -with the ongoing operations of such institutions. Services provided may include video, audio, and data to PCN subscribers on an individual application, private chansiel basis. This may include, but is not limited to, two-way video, audio, or digital signals among institutions. 1.25 Public Rights of Way include, but are not limited to, streets, roads, highways, bridges, alleys, sidewalks, trails, paths, public utility easements, and all other public ways, including the subsurface under and air space over these areas, excluding parks and parkways, but only to the extent of the City's or County's right, title, interest, or authority to grant a franchise to occupy and use such streets and easements for telecommunications facilities. "Public rights of way" shall also include any easement granted to or owned by the City or County and acquired, established, dedicated, or devoted for public utility purposes. 1.26 Quarterly, or quarter, means the standard calendar periods of January 1 - March 31, April 1 - June 30, July 1 - September 30, and October 1 - December 31, unless otherwise specified in this Agreement. 1.27 School means any accredited educational institution, public or private, including, but not limited to, primary and secondary Schools, and colleges and universities. 1.28 Street means each of the following which have been dedicated to the public or are hereafter dedicated to the public and maintained under public authority or by others and located within the Franchise Area: Streets, roadways, highways, avenues, lanes, alleys, sidewalks, easements, rights-of-way and other public ways. 1.29 Subscriber means any Person who elects to subscribe to, for any purpose, Cable Service provided by Grantee by means of, or in connection with, the Cable System, and whose premises are physically wired and lawfully activated to receive Cable Service from Grantee's Cable System. (A) Commercial Subscriber means any Subscriber other than a Residential Subscriber. Cable Television Services Agreement -1999 Page 5 Metropolitan Area Communications Commission / TCI of Oregon MIJ (B) -Residential Subscriber means any Person who contracts individually for Cable Service to a residence, whether that residence is a single family unit or located in a multiple dwelling unit. d 1.30 Upstream means the carrying of a transmission to the Headend from remote points on the Cable System or from Interconnection points on the Cable System. i 3 Cable Television Services Agreement --1999 Page 6 , MetropoRan Area Communications Commission / TCI of Oregon SECTION 2 - GRANT OF FRANCHISE v 2.1 GRANT A. Grantors hereby grant to Grantee in the public interest a nonexclusive and revocable authorization to make lawful use of the Streets and Public Rights of Way within the Franchise Area to construct, operate, maintain, reconstruct, and repair a Cable System for the purpose of providing Cable Services and to provide a Public Communications Network (PCN) for voice, video, and data, subject to the terms and conditions set forth in this Agreement. B. This Agreement is intended to convey limited rights and interests only as to those Streets and Public Rights of Way, in which the Grantor has an actual interest. It is not a warranty of title or interest in any right-of-way, it does not provide the Grantee any interest in any particular location within the right-of- way, and it does not confer rights other than as expressly provided in the grant hereof. This Agreement does not deprive the Grantor of any powers, rights, or privileges it now has, or may acquire in the future, to use, perform work on, or regulate the use and control of the Grantcr's Streets covered by this Agreement, including without limitation, the right to perform work on its roadways, rights-of-way, or appurtenant drainage facilities, including constructing, altering, paving, widening, grading, or excavating thereof. C. This Agreement is subject to the general lawful police power of Grantor affecting matters of local government concern and not merely existing contractual rights of Grantee. Nothing in this Agreement shall be deemed to waive the requirements of the other codes and ordinances of general applicability enacted, or hereafter enacted, by Grantor. D. This Agreement authorizes Grantee to engage in providing Cable Service, as that term is defined in 47 U.S.C. Sec. 522(6) as amended, and to provide a related PCN for voice, video, and data as described in Section 11.2. This Agreement shall not be interpreted to prevent the Grantor from imposing lawful additional conditions, including additional compensation conditions for use of the rights-of-way should Grantee provide service other than Cable Service. Nothing herein shall be interpreted to prevent Grantee from challenging the lawfulness or enforceability of any provisions of applicable law. N E. Grantee promises and guarantees as a condition of exercising the privileges granted by this Agreement, that any Affiliate or joint venture or partner of the 5 Grantee directly involved in the offering of Cable Service in the Franchise Area, or directly involved in the management or operation of the Cable System in the Franchise Area, will also comply with the terms and conditions of this Agreement. Cable Television Services Agreement -1999 Page 7 Metropolitan Area Communications Commission / TCl of Oregon 2.2 USE OF PUBLIC STREETS AND WAYS Subject to Grantor's supervision and control, Grantee may erect, install, construct, repair, replace, reconstruct, and retain in, on, over, under, upon, across, and along the public Streets, including rights-of-way and public utility easements within the Franchise Area, such wires, cables, conductors, ducts, conduits, vaults, amplifiers, pedestals, attachments, and other property and equipment as are necessary and appurtenant to the operation of a Cable System for the provision of Cable Service within the Franchise Area. Grantee shall comply with all applicable construction codes, laws, ordinances, regulations and procedures now in effect or enacted hereafter, and must obtain any and all necessary permits from the appropriate agencies of Grantors prior to commencing any construction activities. Grantee, through this Agreement, is granted extensive and valuable rights to operate its Cable System for profit using Grantor's public rights-of-way and public utility easements within the Franchise Area in compliance with all applicable Grantor construction codes and procedures. As trustee for the public, Grantor is entitled to fair compensation to be paid for these valuable rights throughout the term of this Agreement. 2.3 DURATION The term of this Agreement and all rights, privileges, obligations, and restrictions pertaining thereto shall be from the effective date of this Agreement through January 31, 2014, unless extended or terminated sooner as hereinafter provided. 2.4 EFFECTIVE DATE The effective date of this Agreement shall be February 1, 1999, unless Grantee fails to file an unconditional written acceptance of this Agreement and post the security required hereunder by January 31, 1999. In either event, this Agreement shall be null and void, and any and all rights of Grantee to own or operate a Cable System within the Franchise Area under this Agreement shall be of no force or effect. 2.5 FRANCHISE NONEXCLUSIVE This Agreement shall be nonexclusive, and is subject to all prior rights, interests, agreements, permits, easements or licenses granted by Grantor to any Person to use any street, right-of-way, easements not otherwise restricted, or property for any purpose whatsoever, including the right of Grantor to use same for any purpose it deems fit, including the same or similar purposes allowed Grantee hereunder. Grantor may, at any time, grant authorization to use the public rights- of-way for any purpose not incompatible with Grantee's authority under this Agreement, and for such additional Franchises for Cable Systems as Grantor deems appropriate, upon substantially equivalent terms and conditions to those contained herein as Grantor deems appropriate. Cable Television Services Agreement -1999 Page 8 Metropolitan Area Communications Commission / TCI of Oregon - 2.6 GRANT OF OTHER FRANCHISES A. In the event the Grantor enters into a Franchise, permit, license, authorization, or other agreement of any kind wiih any other Person or entity other than the Grantee to enter into the Grantor's public ways for the purpose • of constructing or operating a Cable System, or providing Cable Service to any part of the Service Area in which the Grantee is actually providing Cable Service under the terms and conditions of this Agreement, or is required to extend Cable Service to under the provisions of Section 13.2 of this Agreement, the material provisions thereof shall be reasonably comparable to those contained herein, in order that one operator not be granted an unfair competitive advantage over another, and to provide all parties equal protection under the law. B. If Grantor grants a Franchise to a third party for service to an area that Grantee is not actually serving or required to extend service to, and which has material provisions that are not reasonably comparable to those contained herein, Grantor shall offer Grantee a Franchise to serve the same area under terms and conditions that are reasonably comparable to those set forth in the Franchise Agreement entered into with the third party. 2.7 POLICE POWERS Grantee's rights hereunder are subject to the lawful police powers of Grantor to adopt and enforce ordinances necessary to the safety, health, and welfare of the general public and Grantee agrees to comply with all applicable laws and ordinances enacted, or hereafter enacted, by Grantor or any other legally-constituted governmental unit having lawful jurisdiction over the subject matter hereof. 2.8 RELATIONS TO OTHER PROVISIONS OF LAW This Agreement and all rights and privileges granted under it are subject to, and the Grantee must exercise all rights in accordance with, applicable law as amended over the Franchise term. This Agreement is a contract, subject to the Grantor's exercise of its police and other regulatory powers and such applicable law. This Agreement does not confer rights or immunities upon the Grantee other than as expressly provided herein. In cases of conflict between this Franchise Agreement and any ordinance of general application enacted pursuant to the Grantor's police power, the ordinance shall govern; however, nothing herein shall be interpreted to prevent Grantee from challenging the lawfulness or enforceability of any provision of applicable law. The Franchise issued and the Franchise fee paid hereunder are not in lieu of any other required permit, authorization, fee, charge, or tax, unless expressly stated herein. • 2.9 EFFECT OF ACCEPTANCE By accepting the Agreement the Grantee: (1) acknowledges and accepts the Grantor's legal right to issue and enforce the Agreement; (2) agrees that it will Cable Television Services Agreement -1999 Page 9 • Metropolitan Area Communications Commission / TCI of Oregon „ P not oppose the Grantor's intervening or other participation in any proceeding affecting the Cable System; (3) accepts and agrees to comply with each and every provision of this Agreement; and (4) agrees that the Agreement was r granted pursuant to processes and procedures consistent with applicable law, and that it will not raise any claim to the contrary. Cable Television Services Agreement -1999 Page 10 Metropolitan Area Communications Commission / TCI of Oregon a SECTION 3 - FRANCHISE FEE AND FINANCIAL CONTROLS 3.1 FRANCHISE FEES As compensation for the benefits and privileges granted under this Agreement, and in consideration of permission to use Grantor's Streets, Grantee shall pay as a Franchise fee to Grantor, throughout the duration of this Agreement, an amount equal to five percent (5%) of Grantee's Gross Revenues including the franchise fee itself, derived from the operation of the Cable System to provide Cable Service in the Franchise Area. Accrual of such Franchise fees shall commence as of the effective date of this Agreement. The Franchise fees are in addition to all other fees, assessments, taxes, or payments of general applicability that the Grantee may be required to pay under any federal, state, or local law to the extent not inconsistent with applicable law. This Agreement and the Franchise fees paid hereunder are not in lieu of any other generally applicable required permit, authorization, fee, charge, or tax. In the event any law or valid rule or regulation applicable to this franchise limits franchise fees below the five percent (5%) of gross revenues required herein, the Grantee agrees to and shall pay the maximum permissible amount and, if such law or valid rule or regulation is later repealed or amended to allow a higher permissible amount, then the Grantee shall pay the higher amount up to the maximum allowable by law, not to exceed five percent (5%) during all affected time periods. 3.2 PAYMENTS Grantee's Franchise fee payments to Grantor shall be computed quarterly. Each quarterly payment shall be due and made available to Grantor no later than forty- five (45) days after the last day of the preceding quarter. 3.3 ACCEPTANCE OF PAYMENT AND RECOMPUTATION No acceptance of any payment shall be construed as an accord by Grantor that the amount paid is, in fact, the correct amount, nor shall any acceptance of payments be construed as a release of any claim Grantor may have for further or additional sums payable or for the performance of any other obligation of Grantee. 3.4 QUARTERLY FRANCHISE FEE REPORTS Each payment shall be accompanied by a written report to Grantor containing an accurate statement in summarized form, as well as in detail, and in a form approved by Grantor, of Grantee's Gross Revenues and the computation of the payment amount. 3.5 ANNUAL FRANCHISE FEE REPORTS Grantee shall, no later than one-hundred twenty (120) days after the end of each calendar year, furnish to Grantor a statement (Audited Gross Receipts Report) Cable Television Services Agreement -1999 Page 11 Metropolitan Area Communications Commission / TCI of Oregon stating the total amount of Gross Revenues and all payments, deductions, and computations for the period covered by the payments. f 3.6 AUDITSIREVIEWS On an annual basis, no more frequently than every twelve (12) months, upon • thirty (30) days prior written notice, Grantor shall have the right to conduct an independent audit or review of Grantee's records reasonably related to the administration or enforcement of this Agreement, in accordance with generally accepted accounting principles. The Grantor may hire an independent certified public accountant to audit or review the Grantee's financial records, in which case the Grantee shall provide all necessary records to the certified public accountant. All such records shall be made available in the local offices of the Grantee. If the audit or review shows that Franchise fees have been underpaid by three percent (3%) or more, Grantee shall reimburse to Grantor the total cost of the audit or review within 30 days of the Grantor's written demand for same. Records for audit/review purposes shall include without limitation: A. Source documents, which demonstrate the original or beginning amount, and the final amount shown on any report related to and/or included in the determination of franchise fees, revenues or expenses related thereto. B. Source documents that completely explain any and all calculations related to any allocation of any amounts involving franchise fees, revenues, or expenses related thereto. C. Any and all accounting schedules, statements, and any other form of representation, which relate to, account for, and/or support and/or correlate to any accounts involving franchise fees, revenues or expenses related thereto. 3.7 INTEREST ON LATE PAYMENTS In the event that a franchise fee payment or other sum is not received by the Grantor on or before the due date, or is underpaid, the Grantee shall pay in addition to the payment, or sum due, interest from the due date at a rate equal to the legal interest rate on judgments in the State of Oregon. 3.8 ALTERNATIVE REMEDIES If any section, subsection, paragraph, term, or provision of this Franchise Agreement or any ordinance, law, or document incorporated herein by reference is held by a court of competent jurisdiction to be invalid, unconstitutional, or unenforceable, such holding shall be confined in its operation to the section, subsection, paragraph, term, or provision directly involved in the controversy in which such holding shall have been rendered, and shall not in any way affect the validity of any other section, subsection, paragraph, term, or provision hereof. Under such a circumstance the Grantee shall, upon the Grantor's request, meet Cable Television Services Agreement -1999 Page 12 Metropolitan Area Commuriications Commission / TCI of Oregon and confer with the Grantor to consider amendments to the Franchise Agreement. The purpose of the amendments shall be to place the parties, as nearly as possible, in the position that they were in prior to such determination, consistent with applicable law. In the event the parties are unable to agree to a •f modification of this Agreement within sixty (60) days either party may (1) seek appropriate legal remedies to amend the Agreement, or (2) shorten the Agreement to 36 months, at which point either party may invoke the renewal procedures under 47 U.S.C. Subsection 546. Each party agrees to participate in up to sixteen (16) hours of negotiation during the sixty (60) day period. 3.9 ADDITIONAL COMMITMENTS NOT FRANCHISE FEES No term or condition in this Agreement shall in any.way modify or affect Grantee's obligation to pay Franchise fees to Grantor. Although the total sum of Franchise fee payments and additional commitments set forth elsewhere in this Agreement may total more than five percent (5%) of Grantee's Gross Revenues in any 12-month period, Grantee agrees that the additional commitments herein are not Franchise fees as defined under any federal law, to the extent not inconsistent with applicable federal law, nor are they to be offset or credited against any Franchise fee payments due to Grantor. 3.10 COSTS OF PUBLICATION Grantee shall pay the reasonable cost of newspaper notices and publication pertaining to this Agreement, and any amendments thereto, including changes in control or transfers of ownership, as such notice or publication is reasonably required by Grantor or applicable law. 3.11 TAX LIABILITY Payment of the Franchise fees under this Agreement shall not exempt Grantee from the payment of any generally applicable license, permit fee or other generally applicable fee, tax or charge on the business, occupation, property or income of Grantee that may be imposed by Grantor. 3.12 PAYMENT ON TERMINATION If this Agreement terminates for any reason, the Grantee shall file with the Grantor within ninety (90) calendar days of the date of the termination, a financial statement, certified by an independent certified public accountant, showing the Grass Revenues received by the Grantee since the end of the previous fiscal year. The Grantor reserves the right to satisfy any remaining financial obligations of the Grantee to the Grantor by utilizing the funds available in a Letter of Credit or other security provided by the Grantee. Cable Television Services Agreement -1999 Page 13 Metropolitan Area Communications Commission / TCI of Oregon SECTION 4 - ADMINISTRATION AND REGULATION 4.1 AUTHORITY Grantor is vested with the power and right to regulate the exercise of the privileges permitted by this Agreement in the public interest, or to delegate that power and right, or any part thereof, to the extent permitted under state and local law, to any agent, in its sole discretion. 4.2 RATES AND CHARGES All of Grantee's rates and charges related to or regarding Cable Service shall be subject to regulation by Grantor to the full extent authorized by applicable federal, state and local laws. 4.3 RATE DISCRIMINATION All of Grantee's rates and charges shall be published (in the form of a publicly available rate card), and shall be nondiscriminatory as to all Persons and organizations of similar classes, under similar circumstances and conditions. Grantee shall apply its rates in accordance with governing law, with similar rates and charges for all Subscribers receiving similar Cable Service, without regard to race, color, familial, ethnic or national origin, religion, age, sex, sexual orientation, marital, military or economic status, or physical or mental disability, or geographic location in the Franchise Area. Grantee shall provide equivalent Cable Service to all Residential Subscribers at similar rates and to Commercial Subscribers as authorized by applicable laws. Nothing herein shall be construed to prohibit: A. The temporary reduction or waiving of rates or charges in conjunction with valid promotional campaigns; B. The offering of reasonable discounts to senior citizens or economically disadvantaged citizens; C. Grantee from establishing different and nondiscriminatory rates and charges for commercial customers, as well as different nondiscriminatory monthly rates for commercial customers as allowable by federal law and regulations; or D. Grantee from establishing different and nondiscriminatory rates and charges for Residential Subscribers as allowable by federal law and regulations. 4.4 FILING OF RATES AND CHARGES Throughout the term of this Agreement, Grantee shall maintain on file with _ Grantor a complete schedule of applicable rates and charges for Cable Service provided under this Agreement. Nothing in this subsection shall be construed to require Grantee to file rates and charges under temporary reductions or waivers Cable Television Services Agreement -1999 Page 14 Metropolitan Area Communications Commission / TCI of Oregon of rates and charges in conjunction with promotional campaigns, and rates for multiple dwelling units, provided that Grantee shall make reasonable efforts to notify Grantor in writing in advance of such promotions. • Grantee shall provide upon request from Grantor a complete schedule of current rates and charges for any and all Leased Access Channels, or portions of such Channels, provided by Grantee. The schedule shall include a description of the price, terms and conditions established by Grantee for Leased Access Channels. 4.5 TIME LIMITS STRICTLY CONSTRUED Whenever this Agreement sets forth a time for any act to be performed by Grantee, such time shall be deemed to be of the essence, and any failure of Grantee to perform within the allotted time may be considered a material violation of this Agreement and sufficient grounds for Grantor to invoke any relevant provision of this Agreement. However, in the event that Grantee is prevented or delayed in the performance of any of its obligations under this Agreement by reason of a force majeure occurrence, such as acts of God (for example, floods, tornadoes, earthquakes or unusually severe weather conditions), Grantee's performance shall be excused during the force majeure occurrence and Grantee thereafter shall, under the circumstances, promptly perform the affected obligations under this Agreement or procure a substitute for performance which is satisfactory to Grantor. Grantee shall not be excused by mere economic hardship nor by misfeasance or malfeasance of its directors, officers, employees, or duly authorized agents. 4.6 PERFORMANCE EVALUATION SESSIONS A. Grantor may hold regular performance evaluation sessions annually on the anniversary dates of the effective date of this Agreement. Grantor shall conduct all such evaluation sessions. B. Grantor may hold special evaluation sessions at any time during the term of this Agreement. C. All regular evaluation sessions shall be open to the public and announced at least one week in advance in a newspaper of general circulation in the Franchise Area. D. Evaluation sessions shall deal with the Grantee's performance of the terms and conditions of the Agreement and compliance with state and federal laws and regulations. E. As part of the annual performance evaluation session, Grantee shall submit to the Grantor a plant survey, report, or map, in a format mutually acceptable to Grantor and Grantee, which include a description of the portions of the Franchise Area that are cabled and have all Cable Services available, Cable Television Services Agreement -1999 Page 15 Metropolitan Area Communications Commission / TCI of Oregon including those areas where the system has been upgraded pursuant to Section 11 of this Agreement. Such report shall also include the number of miles and location of overhead and underground cable plant, and the number of miles (overhead and underground) and location of the PCN as described in Section 11.2. If the Grantor has reason to believe that a portion or all of the Cable System does not meet the applicable FCC technical standards, the Grantor, at its expense, reserves the right to appoint a qualified independent engineer to evaluate and verifi, the technical performance of the Cable System. F. During evaluations under this Section, Grantee shall fully cooperate with Grantor and shall provide such information and documents as necessary and reasonable for Grantor to perform the evaluation. ~n Cable Television Services Agreement -1999 Page 16 Metropolitan Area Communications Commission / TCI of Oregon •k SECTION 5 - FINANCIAL AND INSURANCE REQUIREMENTS 5.1 INSURANCE REQUIREMENTS A. General Requirement. Grantee must have adequate insurance during the entire term of this Agreement to protect against claims for injuries to Persons or damages to property which in any way relate to, arise from, or are connected with this Agreement or involve Grantee, its duly authorized agents, representatives, contractors, subcontractors and their employees. B. Initial Insurance Limits. Grantee must keep insurance in effect in accordance with the minimum insurance limits herein set forth by the Grantor. The Grantee shall obtain policies for the following initial minimum insurance limits: 1) Commercial General Liability: Two-million dollar ($2,000,000) combined single limit per occurrence for bodily injury, personal injury, and property damage, and for those policies with aggregate limits, a two-and-one-half million dollar ($2,500,000) aggregate limit; one million dollar ($1,000,000) limit for broadcasters liability. 2) Automobile Liability: Two-million dollar ($2,000,000) combined single limit per accident for bodily injury and property damage; and 3) Employer's Liability: Two-million dollar ($2,000,000) limit. 5.2 DEDUCTIBLES AND SELF-INSURED RETENTIONS If Grantee change's its policy to include a self-insured retention, the Grantee shall give notice of such change to the Grantor. Grantor's approval will be given if the self-insured retention is consistent with standard industry practices. Any deductible or self-insured retention of the policies shall not in any way limit Grantee's liability to the Grantor. A. Endorsements. 1) All policies shall contain, or shall be endorsed so that: (a) The Grantor, its officers, officials, employees, and duly authorized agents are to be covered as, and have the rights of, additional insureds with respect to liability arising out of activities performed by, or on behalf of, Grantee under this Agreement or applicable law, or in the construction, operation or repair, or ownership of its Cable System; (b) The Grantee's insurance coverage shall be primary insurance with respect to the Grantor, its officers, officials, employees, and duly authorized agents. Any insurance or self-insurance maintained by the Grantor, its officers, officials, employees, and duly authorized agents shall be in excess of the Grantee's insurance and shall not contribute to it; Cable Television Services Agreement -1999 Page 17 • . Metropolitan Area Communications Commission / TCI of Oregon (c) Grantee's insurance shall apply separately to each insured against whom a claim is made or lawsuit is brought, except with respect to the limits of the insurer's liability; and (d) The policy shall not be suspended, voided, canceled, or reduced in coverage or in limits, nor shall the intention not to renew be stated by the insurance company except after forty-five (45) days prior written notice, return receipt requested, has been given to the Commission. B. Acceptability of Insurers. The insurance obtained by Grantee shall be placed with insurers with an A.M. Best's rating of no less than "A". C. Verification of Coverage. The Grantee shall furnish the Grantor with certificates of insurance and endorsements or a copy of the page of the policy reflecting blanket additional insured status. The certificates and endorsements for each insurance policy are to be signed by a Person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements for each insurance policy are to be on standard forms or such forms as are consistent with standard industry practices, and are to be received and approved by the Grantor prior to the commencement of activities associated with this Agreement. The Grantee hereby warrants that its insurance policies satisfy the requirements of this Agreement and Grantors' ordinances and laws. 5.3 INDEMNIFICATION A. Scope of Indemnity. Grantee shall, at its sole cost and expense, indemnify, hold harmless, and defend the Grantor and its officers, boards, commissions, duly authorized agents, and employees against any and all claims, including, but not limited to, third party claims, suits, causes of action, proceedings, and judgments for damages or equitable relief, to the extent such liability arises out of or through the acts or omissions of the Grantee arising out of the construction, operation or repair of its Cable System regardless of whether the act or omission complained of is authorized, allowed, or prohibited by this Agreement, provided, however, the Grantee will not be obligated to indemnify Grantor should Grantor intervene in any proceeding regarding the grant of this Agreement pursuant to Section 2.9 of this Agreement. Without limiting in any way the Grantee's obligation to indemnify the Grantor and its officers, boards, commissions, duly authorized agents, and employees, as set forth above, this indemnity provision also includes damages and liabilities such as: 1) To persons or property, to the extent such liability arises out of or through the acts or omissions of the Grantee, its contractors, subcontractors, and their officers, employees, or duly authorized agents, or to which the Grantee's negligence or fault shall in any way contribute; Cable Television Services Agreement -1999 Page 18 Metropolitan Area Communications Commission / TCI of Oregon 2) Arising out of any claim for invasion of the right of privacy; for defamation of any Person, firm or corporation; for the violation or infringement of any copyright, trademark, trade name, service mark, or patent; for a failure by the Grantee to secure consents from the owners or authorized distributors of programs to be delivered by the Cable.System; or for violation of any other right of any Person, to the extent such liability arises out of or through the acts or omissions of the Grantee, provided, however, that Grantee will not be required to indemnify Grantor for any claims arising out of use of PEG Access Channels by Grantor and/or Designated Access Provider; 3) Arising out of Grantee's failure to comply with the provisions of any federal, state or local statute, ordinance, rule or regulation applicable to the Grantee with respect to any aspect of its business to which this Agreement applies, to the extent such liability arises out of or through the acts or omissions of the Grantee; and 4) Arising from any third party suit, action or litigation, whether brought by a competitor to Grantee or by any other Person or entity, to the extent such liability arises out of or through the acts or omissions of the Grantee, whether such Person or entity does or does not have standing to bring such suit, action or litigation if such action (1) challenges the authority of the Grantor to issue this Agreement to Grantee; or (2) alleges that, in issuing this Agreement to Grantee, the Grantor has acted in a disparate or discriminatory manner. B. Duty to Give Notice and Tender Defense. The Grantor shall give the Grantee timely written notice of any claim or of the commencement of any action, suit or other proceeding covered by the indemnity obligation in this Section. In the event any such claim arises, the Grantor or any other indemnified party shall tender the defense thereof to the Grantee and the Grantee shall have the obligation and duty to defend, settle or compromise any claims arising thereunder, and the Grantor shall cooperate fully therein. Grantee shall accept or decline the tender within thirty (30) days. Grantee shall reimburse reasonable attorney fees and costs incurred by the Grantor during the thirty (30) day period in which the Grantee accepts or declines tender. In the event that the Grantee declines defense of the claim in violation of Section 5.3, the Grantor may defend such claim and seek recovery from Grantee its expenses for reasonable attorney fees and disbursements, including expert witness fees, incurred by Grantor for defense and in seeking such recovery. 5.4 LETTER OF CREDIT A. No later than the effective date of this Agreement, Grantee shall establish and provide to Grantor, as security for the faithful performance by Grantee of Cable Television Services Agreement -1999 Page 19 Metropolitan Area Communications Commission / TCI of Oregon 4 all provisions of this Agreement, a Letter of Credit in the amount of one- hundred-thousand dollars ($100,000). The Letter of Credit shall be filed in a f form acceptable to the Grantor and issued by a financial institution acceptable to the Grantor, provided the Grantor, in its sole discretion, may direct that the Letter of Credit be issued by a local financial institution. B. The Letter of Credit shall be maintained at one-hundred-thousand dollars ($100,000) throughout the term of this Agreement. C. The Letter of Credit may be assessed by Grantor for various purposes including, but not limited to, the following: 1) Failure of Grantee to pay Grantor sums due under the terms of this Agreement. 2) Reimbursement of costs borne by Grantor to correct violations of this Agreement not corrected by Grantee. 3) Fines assessed against Grantee due to violations of the requirements of this Agreement. 4) Failure to comply with the Customer Service Standards. D. If Grantee fails within thirty (30) days after the date of written notice to pay to Grantor any franchise fees, assessment or taxes lawfully due which Grantor determines can be remedied by a draw upon the Letter of Credit, Grantor may thereafter withdraw the amount thereof from the Letter of Credit. Upon such withdrawal, Grantor shall notify Grantee of the amount and date thereof. Within seven (7) days following receipt by Grantee of written notice from Grantor that any amount has been withdrawn from the Letter of Credit, Grantee shall restore such Letter of Credit to the amount required under this Agreement. Failure by Grantee to so restore the Letter of Credit shall be considered a material violation of this Agreement. E. The Letter of Credit deposited pursuant to this Section shall become the property of Grantor in the event that this Agreement is lawfully terminated or revoked for cause by reason of the violation by Grantee, and Grantee has exhausted all of its remedies relating thereto. Grantee, however, shall be entitled to the return of the Letter of Credit deposited in accordance with this Section, or any portion thereof remaining upon normal expiration of this Agreement. F. The rights reserved to Grantor with respect to the Letter of Credit are in - addition to all other rights of Grantor whether reserved by this Agreement or authorized by law or equity, and no action, proceeding or exercise of a right Cable Television Services Agreement -1999 Page 20 Metropolitan Area Communications Commission / TCI of Oregon = 9 with respect to such Letter of Credit shall constitute a waiver of any other right Grantor may have. G. A single Letter of Credit for the amount required herein shall satisfy the requirements of Grantor. 5.5 PERFORMANCE BOND A. Concurrent with the effective date of this Agreement, Grantee shall post a performance bond in the amount of one million dollars ($1,000,000). Upon the successful completion of the system upgrade (described in Section 11. 1), this requirement shall be waived. B. A single performance bond, posted under the same terms and conditions as required herein, shall satisfy all of the requirements of Grantors. 5.6 INCIDENTAL PAYMENT Commencing April 1, 1999, and on the same date in the three following years, the Grantee shall annually provide $200,000 to the Grantor. Grantor may use these funds for any purpose, with the exception that annually a minimum of $50,000 of these funds shall be spent to support the Public Communications Network (PCN). These funds shall not be regarded as franchise fees, nor payments in lieu of franchise fees, nor as an offset against franchise fees, and they shall be used by Grantor at the Grantor's sole discretion consistent with applicable law. Grantor recognized these funds as "external costs" of the Grantee, as defined by FCC rate regulation rules. Cable Television Services Agreement -1999 Page 21 Metropolitan Area Communications Commission / TCI of Oregon SECTION 6 - CUSTOMER SERVICE 6.1 DEFINITIONS A. Normal business hours mean those hours during which most similar businesses in the franchise area are open to serve customers. In all cases, "normal business hours" must include some evening hours at least one night per week and/or some weekend hours. B. Normal operating conditions mean those service conditions that are within the control of the Grantee. Those conditions which are not within the control of the Grantee include, but are not limited to, natural disasters, civil disturbances, major power outages, major non-Grantee owned telephone network outages, and severe and unusual weather conditions. Those conditions which are ordinarily within the control of the Grantee include, but are not limited to, special promotions, pay-per-view events, rate increases, regular peak or seasonal demand periods, and maintenance or upgrade of the cable system. C. Service interruption means the loss of picture or sound on one or more cable channels 6.2 LOCAL OFFICE Throughout the Agreement term, the Grantee must maintain, at a minimum, one (1) customer service center conveniently located in the Franchise Area which will be open during normal business hours, to provide Subscribers the opportunity for the receipt and pickup of Subscriber equipment and for bill payments and complaints. Grantee shall install telephones and other equipment so that customer complaints and service requests can be received by Grantee on a 24- hour basis at a toll-free telephone number. 6.3 TELEPHONE ANSWERING STANDARDS A. Trained company representatives will be available to respond to telephone inquiries a minimum of twelve (12) hours each day, Monday through Friday, and eight (8) hours on Saturday and Sunday. Outside of normal business hours, and hours when the office is not staffed, the access line may be answered by a service or an automated response system, including an answering machine. Inquiries received by Grantee's answering service or automated response system must be responded to by a trained company representative before the end of the next business day. B. Under normal operating conditions, telephone answer time by a customer representative including wait time, shall not exceed thirty (30) seconds from when the connection is made. If the call needs to be transferred, transfer time shall not exceed thirty (30) seconds. These standards shall be met for no less than ninety (90) percent of all calls received, measured quarterly. Cable Television Services Agreement -1999 Page 22 Metropolitan Area Communications Commission / TCl of Oregon C. Under normal operating conditions, no more than three (3) percent of all callers will receive a busy signal, measured quarterly. No more than five (5) percent of all calls received will be lost or abandoned, measured quarterly. D. Failure to meet these standards shall subject Grantee to enforcement actions set forth in Section 15. 6.4 INSTALLATIONS, OUTAGES AND SERVICE CALLS A. Service calls and response time. Under normal operating conditions, each of the following standards will be met in no fewer than ninety-five (95) percent of applicable events, as measured on a quarterly basis. For purposes of calculating compliance with and determining enforcement of these standards, each request for service or installation shall be counted as one event: (1) Installations to locations that are located within one hundred and twenty- five (125) feet of the existing distribution system will be performed within seven (7) business days after an order has been placed. (2) Where a request for service can be satisfied without a service call, the request must be satisfied within three (3) business days from the date of request. (3) For installations to locations that are more than one hundred and twenty- five (125) feet from the existing distribution system, in accordance with Section 13.2, service must be provided within thirty (30) days of the date the person requesting service agrees to pay the charges associated with the installation. Nothing in this Section permits the Grantee to charge for extending service in an area where the Grantee is required to provide service pursuant to Section 13.2. (4) The "appointment window" alternatives for installations, service calls, and other installation activities will be either a specific time or, at maximum, a four-hour time block during normal business hours. The Grantee may schedule service calls and other installation activities outside of normal business hours for the express convenience of the customer. (5) Grantee may not cancel an appointment with a person after the close of business on the business day prior to the scheduled appointment. (6) If Grantee's representative is running late for an appointment with a subscriber and will not be able to keep the appointment as scheduled, Grantee will attempt to contact subscriber at least two times. The appointment will be rescheduled, as necessary, at a time that is convenient for the customer, and as soon as practical. Cable Television Services Agreement -1999 Page 23 • Metropolitan Area Communications Commission / TCI of Oregon (7) Excluding conditions beyond the control of the Grantee, the Grantee will begin working on service interruptions promptly and in no event later than twenty-four (24) hours after the interruption becomes known to the Grantee. The Grantee must begin actions to correct other service problems the next business day after notification of the service problem. B. Failure to meet these standards shall subject Grantee to enforcement action set forth in Section 15. 6.5 NOTICE REQUIREMENTS A. The Grantee shall provide written information on each of the following areas at the time of installation of service; at least annually to all subscribers; and at any time upon request: (1) Products and services offered; (2) Prices and options for programming services and conditions of subscription to programming and other services. In order that subscribers are fully apprised of the charges they may incur, grantee shall note that advertised rates are subject to additional taxes and fees; (3) Installation and service maintenance policies; (4) Instructions on how to use the cable service; (5) Channel positions of programming carried on the system; (6) Billing and complaint procedures, including the address and telephone number of the Metropolitan Area Communications Commission. The Grantee shall make its best efforts to submit the content of notices to subscribers regarding such changes to the Grantor for review and comment at least 10 days prior to printing. B. Failure to meet these standards shall subject Grantee to enforcement action set forth in Section 15. 6.6 SPECIAL NOTICE PROCEDURES A. (1) At any time a person subscribes to any service, the person must be specifically informed whether there will be a charge to drop the service. (2) If there is any charge for terminating a promotional or free product or service, the charge must be disclosed in writing prior to connection of the service or provision of the product. Cable Television Services Agreement -1999 Page 24 Metropolitan Area Communications Commission / TCI of Oregon Jill C t B. Subscribers shall be notified 30 days in advance of any changes in rates, programming services, or channel positions as soon as possible in writing • unless otherwise expressly provided by federal law. C. The Grantor shall be notified of any change in rates, programming services, channel position or policy at least thirty (30) days in advance of such change by letter delivered to the Commission, except where such notification is impossible because the change is beyond the control of grantee or any affiliate, in which case the notice must be given as quickly as possible. The Grantee shall make its best efforts to submit the content of notices to subscribers regarding such changes to the Grantor for review and comment at least 10 days prior to its printing. D. Failure to meet these standards shall subject Grantee to enforcement action set forth in Section 15. 6.7 BILLING A. Bills will be clear, concise and understandable. Bills shall be fully itemized, with itemizations including, but not limited to, basic and premium service charges and equipment charges. Bills will also clearly delineate all activity during the billing period, including optional charges, rebates and credits B. In case of a billing dispute, the Grantee shall respond to a written complaint from a Subscriber within thirty. (30) days. C. Refund checks will be issued promptly, but no later than either: (1) The Subscriber's next billing cycle following resolution of the request or thirty (30) days, whichever is earlier, or (2) The return of the equipment supplied by the Grantee if service is terminated. D. Credits for service will be issued no later than the customer's next billing cycle following the determination that a credit is warranted. E. For purposes of billing, a request for disconnection shall be effective immediately upon the Subscriber's oral or written request, and the Subscriber may not be billed for any service provided after the request, and is entitled to refunds on any prepaid period. F. Subscriber bills from Grantee shall include the name, address, and telephone number of the Metropolitan Area Communications Commission. G. Failure to meet the standards in subsections B - F shall subject Grantee to enforcement actions set forth in Section 15. Cable Television Services Agreement -1999 Page 25 Metropolitan Area Communications Commission / TCI of Oregon 6.8 SUBSCRIBER PRIVACY Grantee will comply with privacy rights of Subscribers in accordance with federal, state and local law. 6.9 EMERGENCY BROADCAST In accordance with, and at the time required by, the provisions of the FCC Regulations Part 11, Subpart 11.51, as such provisions may from time to time be amended, Grantee shall provide the emergency alert capability in accordance with Federal Law, and in compliance with the FCC-approved Oregon State Emergency Alert System (EAS) plan, and the Local Area EAS plans that apply to Washington and Clackamas Counties. Grantee will cooperate with the Grantor and local emergency officials to develop policies and procedures for the use of the emergency broadcast capability within the Franchise Agreement service area. Cable Television Services Agreement -1999 Page 26 Metropolitan Area Communications Commission / TCI of Oregon SECTION 7 - REPORTS AND RECORDS 7.1 OPEN RECORDS A. Grantee shall manage all of its operations in accordance with a policy of keeping its documents and records open and accessible to Grantor. Grantor shall have access to, and the right to inspect, any books and records of Grantee, its parent corporations and Affiliated entities that are reasonably related and necessary to the administration or enforcement of the terms of this Agreement. Grantee shall not deny Grantor access to any of Grantee's records on the basis that Grantee's records are under the control of any parent corporation, affiliated entity or a third party. Grantor may, in writing, request copies of any such records or books and Grantee shall provide such copies within ten (10) business days of the transmittal of such request. If the requested books and records are too voluminous, or for security reasons cannot be copied or removed, then Grantee may request, in writing within ten (10) business days, that Grantor inspect them at one of Grantee's local area offices. If any books or records of Grantee are not kept in a local office, Grantee will provide or otherwise make such documents available for. inspection and review at the local office within ten (10) business days. B. Grantee shall at all times maintain and allow Grantor, with reasonable notice, access and the right to review a full and complete set of plans, records and "as built" maps showing the exact location of all Cable System equipment installed or in use in the Franchise Area, exclusive of electronics, Subscriber drops and equipment provided in Subscribers' homes. These maps shall be maintained in a standard format and medium agreed upon by the Grantor and the Grantee. Grantor's review of the plans, records, and as-built maps, provided for herein, shall occur at the Grantee's local office. C. The ability for Grantor to obtain records and information from Grantee is critical to the administration of this Agreement and the requirements herein. Therefore, Grantee's failure to comply with the requirements of this Section may result in fines as prescribed in Section 15. 7.2 CONFIDENTIALITY Subject to the limits of the Oregon Public Records Law, Grantor agrees to treat as confidential any books and records that constitute proprietary or confidential information under federal or state law, to the extent Grantee makes Grantor aware of such confidentiality. Grantee shall be responsible for clearly and conspicuously stamping the word "Confidential" on each page that contains confidential or proprietary information, and shall provide a brief written explanation as to why such information is confidential under state or federal law. If Grantor believes it must release any such confidential books and records in the course of enforcing this Agreement, or for any other reason, it shall advise Grantee in advance so that Grantee may take appropriate steps to protect its Cable Television Services Agreement -1999 Page 27 Metropolitan Area Communications Commission / TCI of Oregon interests. If Grantor receives a demand from any Person for disclosure of any , information designated by Grantee as confidential, Grantor shall, so far as consistent with applicable law, advise Grantee and provide Grantee with a copy of any written request by the party demanding access to such information within a reasonable time. Until otherwise ordered by a court or agency of competent jurisdiction, Grantor agrees that, to the extent permitted by state and federal law, it shall deny access to any of Grantee's books and records marked confidential as set forth above to any Person. 7.3 COPIES OF FEDERAL AND STATE DOCUMENTS Grantee shall submit to Grantor a list, or copies of actual documents, of all pleadings, applications, notifications, communications and documents of any kind, submitted by Grantee or its parent corporations or Affiliates to any federal, state or local courts; regulatory agencies or other government bodies if such documents specifically relate to the operations of Grantee's Cable System within the Franchise Area. Grantee shall submit such list or documents to Grantor no later than thirty (30) days after filing, mailing or publication thereof. Grantee shall not claim confidential, privileged or proprietary rights to such documents unless under federal, state, or local law such documents have been determined to be confidential by a court of competent jurisdiction, or a federal or state agency. To the extent allowed by law, any such confidential material determined to be exempt from public disclosure shall be retained in confidence by Grantor and its duly authorized agents and shall not be made available for public inspection. 7.4 COMPLAINT FILE AND REPORTS A. Grantee shall keep an accurate and comprehensive file of any and all complaints regarding the operation and performance of the Cable System, within the franchise area, in a manner consistent with the privacy rights of Subscribers, and Grantee's actions in response to those complaints. Those files shall remain open to Grantor during normal business hours. 1) Grantee shall provide an executive summary report quarterly (within forty- five (45) days of the end of the preceding quarter) to Grantor, which shall include the following information: a) Nature and type of customer complaints. b) Number, duration, general location and customer impact of unplanned service interruptions. c) Any significant construction activities which affect the quality or otherwise enhance the service of the Cable System. d) Subscriber counts, by service tiers, and EBU counts. e) Total disconnections and major reasons for those disconnections _ D Average response times and total number of service calls. g) Video programming changes (additions/deletions). Cable Television Services Agreement -1999 Page 28 Metropolitan Area Communications Commission / TCI of Oregon a NONE= h) Such other information about special problems, activities, or achievements as Grantee may want to provide Grantor. 2) Grantee shall provide Grantor with an executive summary report within fifteen (15) days of the end of the period (described below in a., b., c., and • d. that shall include the following: a) Phone activity report, on a monthly basis; b) New areas constructed and available for Cable Service, including multiple dwelling units, on a quarterly basis; c) Subscriber reports to Grantor indicating the total number of Subscribers by service categories, on a quarterly basis; and d) The Grantor may require the reports for b) and c) to be submitted on a monthly basis if Grantor reasonably believes that Grantee may not be in compliance with the standards covered by these reports. 3) Grantor shall also have the right to request such information as appropriate and reasonable to determine whether or not Grantee is in compliance with applicable Customer Service Standards, as referenced in Section 6.1. Such information shall be provided to Grantor in such format as Grantee customarily prepares reports. Grantee shall fully cooperate with Grantor and shall provide such information and documents as necessary and reasonable for Grantor to evaluate compliance. 7.5 INSPECTION OF FACILITIES Grantor may inspect upon request any of Grantee's facilities and equipment to confirm performance under this Agreement at any time upon at least twenty-four (24) hours notice, or, in case of an emergency, upon demand without prior notice. 7.6 FALSE STATEMENTS Any intentional false or misleading statement or representation in any report required by this Agreement may be deemed a material violation of this Agreement and may subject Grantee to all remedies, legal or equitable, which are available to Grantor under this Agreement or otherwise. 7.7 REPORT EXPENSE All reports and records required under this or any other Section shall be furnished, without cost, to Grantor. Cable Television Services Agreement -1999 Page 29 • Metropolitan Area Communications Commission / TCI of Oregon MMMFMO SECTION 8 - PROGRAMMING 8.1 BROAD PROGRAMMING CATEGORIES A. Grantee's cable television system shall provide the widest diversity of programming possible. Grantee shall provide at least the following broad - categories of programming to the extent such categories are reasonably available: 1) Educational programming. 2) Sports. 3) General entertainment (including movies). 4) Children/family-oriented. 5) Arts, culture and performing arts. 6) Foreign language. 7) Science/documentary. 8) Weather information. 9) Programming addressed to diverse ethnic and minority interests in the Franchise Area; and 10) National, state, and local government affairs. B. Grantee shall not delete any broad category of programming within its control. 8.2 PARENTAL CONTROL DEVICE Upon request by any Subscriber, Grante.! shall make available a parental control or lockout device, traps, or filters to enab.a a Subscriber to control access to both the audio and video portions of any or all Channels. Grantee shall inform its Subscribers of the availability of the lockout device at the time of their initial subscription and periodically thereafter. 8.3 LEASED ACCESS CHANNELS Grantee shall meet the requirements for Leased Access Channels imposed by federal law. 8.4 CONTINUITY OF SERVICE A. It shall be the right of all Subscribers to continue to receive Cable Service from Grantee insofar as their financial and other obligations to Grantee are satisfied. Subject to the force majeure provisions of this Agreement, Grantee shall use its best efforts to ensure that all Subscribers receive continuous, uninterrupted Cable Service regardless of the circumstances. B. In the event of a change in ownership, or in the event a new Cable Operator acquires the Cable System in accordance with this Agreement, Grantee shall cooperate with Grantor and such new Cable Operator in maintaining continuity of service to all Subscribers. Cable Television Services Agreement -1999 Page 30 Metropolitan Area Communications Commission / TCI of Oregon 8.5 SERVICE FOR THE DISABLED Grantee shall comply with the Americans With Disabilities Act, any amendments thereto and any other applicable federal, state or local laws or regulations. • Cable Television Services Agreement -1999 Page 31 • Metropolitan Area Communications Commission / TCI of Oregon --M 1 1 _=1111N1 IN SECTION 9 - PUBLIC, EDUCATIONAL AND GOVERNMENTAL ACCESS (PEG) 9.1 GENERAL DEFINITIONS With respect to purposes of this section, the following definitions will apply with respect to Public, Educational, and Governmental (PEG) use of the Cable System. A. "Access Channel" means any Channel, or portion thereof, designated for non-commercial Access purposes or otherwise made available to facilitate or transmit Access programming or service. Each Access Channel shall be six (6) MHz and must be capable of transmitting a standard analog video signal. The capacity can be used to transmit non-commercial signals in any format, and can be used to transmit: audio . only, video, or other information (including, by way of example and not limitation, secondary audio, text, digital information, high-definition signals, and compressed signals.) A non- standard NTSC use shall be subject to the Grantee's prompt prior review and approval to ensure that the use will not cause unreasonable technical interference with other Channels. Such uses must be in furtherance of PEG uses. Additionally, there shall not be commercial use or lease of such PEG capacity without the express written permission of the Grantee. B. "Digital Access Channel", as used in this Section, means a Channel carrying PEG continuous full-motion video programming in a digital format. Digital Access Channels shall have the same compression ratio and transmission quality as is used to carry any of the commercial Channels that deliver programming to the Grantor in a similar format for delivery to each Subscriber. C. "Designated Access Provider" means the entity or entities designated by the Grantor to manage or co-manage Public, Educational or Governmental use Channels and facilities. The Grantor may be a Designated Access Provider. D. "Origination Point" means a location other than an Access Center, where Public, Educational, and Governmental use programming is delivered to the Grantee for Upstream transmission. (Attachment 9.5 A and Attachment 9.5 B) 9.2 MANAGEMENT AND CONTROL OF ACCESS CHANNELS A. Grantor may authorize Designated Access Provider to control and manage the use of any and all Access Facilities provided by Grantee under this Agreement, including, without limitation, the operation of Access Channels. To the extent of such designation by Grantor, as between the Designated Access Provider and Grantee, the Designated Access Provider shall have sole and exclusive responsibility for operating and managing such Access Facilities. The Grantor or its designee may formulate rules for the operation of the PEG Access Channels, consistent with this Agreement; such rules shall Cable Television Services Agreement -1999 Page 32 Metropolitan Area Communications Commission / TCl of Oregon Y not be designed to control the content of Public Access programming. Nothing herein shall prohibit the Grantor from authorizing itself to be a Designated Access Provider. B. Grantee shall cooperate with the Grantor and Designated Access Provider in the use of the Cable System and Access facilities for the provision of PEG Access. Grantee shall enter into such operating agreements with the Designated Access Provider as may be necessary to facilitate and coordinate the provision of PEG Access, provided that such operating agreements shall not be inconsistent with the terms of this Agreement and shall be subject to approval by the Grantor. C. Except as provided in this Agreement, the Grantor shall allocate Access resources only to the Designated Access Provider. The Grantee shall cooperate with the Grantor in such allocations, in such manner as the Grantor shall direct. D. Subject to written authorization from the Grantor, the Grantee shall have the right to use temporarily any Channel, or portion thereof, which is allocated under this Section for public, educational, or governmental uses pursuant to Section 611(d) of the Cable Act. 9.3 CHANNEL CAPACITY AND USE A. Upon effective date of this Agreement, all Access Channels provided for herein are administered by the Grantor or designee. B. Upon the effective date of this Agreement, The Grantee shall provide six (6) Access Channels for distribution of Public, Educational, and Governmental Access programming on the residential Cable System. C. Upon completion of the upgrade, as established by the triggers set forth in Section 9.7 of this Agreement, Grantor may require Grantee to activate three (3) additional Access Channels for a maximum of nine (9) Access Channels. D. The Grantee shall provide connection of all PEG Access Channels required by this Agreement to and from the Grantee's Headend and the Designated Access Providers' Headends as of the effective date of this Agreement. Grantee agrees to provide reconnection for Designated Access Provider's Headend if it is relocated within twelve (12) months of the effective date of this Agreement, at no charge to Grantor or to Designated Access Provider. E. As required in Section 9.3 C., Grantee shall be required to provide a maximum of nine (9) Access Channels. However, if all video programming is delivered in a digital format or the Grantor requests that PEG Channels be digitized, then, in lieu of the Access Channels provided for in Section 9.3 B. Cable Television Services Agreement -1999 Page 33 Metropolitan Area Communications Commission / TCI of Oregon II and C., there shall be a maximum of eighteen (18) PEG continuous, full- motion video programming Digital Channels ("Digital Access Channels") not subject to the trigger criteria set forth in 9.7. The Grantor shall determine the number of Digital Access Channels to be activated, not to exceed eighteen (18). Finally, if all PEG video programming is delivered in digital format, the bandwidth available for PEG use shall not exceed twice the amount of bandwidth that is necessary to transmit the eighteen (18) PEG Digital Access Channels, except that the amount of capacity available beyond the amount required to transmit the eighteen (18) Digital Access Channels shall not be less than twelve (12) MHz in any case. 9.4 RELOCATION OF ACCESS CHANNELS Grantee shall provide Grantor with a minimum of sixty (60) days' notice, and use its best efforts to provide one hundred twenty (120) days notice, prior to the time Public, Educational, and Governmental (PEG) Access Channel designations are changed. Grantee shall consult with Grantor prior to making a final determination regarding any changes in PEG Access Channel designations/assignments. Any new Channel designations for the PEG Access Channels provided pursuant to this Agreement shall be in full compliance with FCC signal quality and proof of performance standards. 9.5 ORIGINATION POINTS A. Upon the effective date of this Agreement, Grantee shall provide, without charge, adequate capacity to facilitate the transmission of character- generated, pre-recorded, and live cablecasts from the Origination Points listed in Attachment 9.5 A to enable the distribution of PEG Access programming on the residential Cable System on Access Channels. B. Additional permanent Origination Points (shown in Attachment 9.513) required by the Grantor or Designated Access Provider shall be provided by Grantee within ninety (90) days following receipt of written notice from Grantor at expense of Grantor or Designated Access Provider. The Origination Points shown in Attachment 9.5 B shall be connected without charge within ninety (90) days of the effective date of this Agreement. C. Upon completion of the upgrade, or by mutual agreement by Grantor and Grantee, upon six (6) weeks written notice in advance of the scheduled cablecast, and provided that an active drop is available at the desired location, Grantee shall provide additional Origination Points on a short term basis for the live cablecast of Access Programming. The incremental, out-of- pocket costs to Grantee shall be paid for by Grantor or Designated Access Provider. Grantee shall not be required to facilitate more than two (2)such Origination Points in any twenty-four (24) hour period. Cable Television Services Agreement -1999 Page 34 Metropolitan Area Communications Commission / TCI of Oregon D. There shall be no charge to the Grantor, to MACC, nor to any other person for the use of the upstream capacity from the program origination locations described in this section, so long as the transmissions are designed for re- routing and distribution on any PEG Channel(s). ' • 9.6 ACCESS INTERCONNECTIONS A. Tha Grantee shall maintain for the duration of this Agreement any and all existing Interconnections of Access Channels with contiguous cable systems. 1) The Access Interconnection with Washington County shall continue to provide activated capacity to receive from and deliver to the Designated Access Provider's Headend, via the Grantee's headend, all the Access Channels required by the Washington Countyf CI Franchise which are originated by the Grantor or its designee, and 2) The Access Interconnection with Portland shall continue to provide activated capacity to receive from and deliver to the Designated Access Provider's Headend, via the Grantee's headend, all the Access Channels required by the Washington County/TCI Franchise which are originated by the Grantor or its designee B. Grantee shall be capable of interconnection of PEG Access Channels in the Cable System and Cable Systems in Franchise Areas that are geographically adjacent to Grantor, provided that Grantor has secured the written permission for such Interconnection from the regulatory authority for the adjacent Franchise Area. The cost of such Interconnections shall be Grantee's so long as Grantee or Grantee's affiliate owns the adjacent Cable System. If the adjacent Cable System is not owned by Grantee, the cost for interconnection shall be equally shared by the two Cable Systems. C. All Interconnections shall have the capability of transmitting and receiving PEG programming. All Interconnections shall be accomplished in a manner that permits the transmission of signals meeting the technical standards of this agreement on all interconnected Channels, consistent with Section 9.11. Installation of all interconnect capacity shall be completed at the Grantee's expense, except as otherwise provided herein. D. The Grantor, or its Designated Access Provider, shall have the right to control and schedule the operation of all interconnected Access Channels and capacity. In addition, the Grantor, or its Designated Access Provider, shall have the right to use, at its sole discretion and at no cost, any Access Channels and capacity provided under this agreement for non-commercial purposes, in furtherance of PEG use. However, the requirement to interconnect PEG programming with adjacent Cable Systems of willing franchise authorities shall not 'result in an increase in the number of PEG Cable Television Services Agreement -1999 Page 35 • Metropolitan Area Communications Commission / TCI of Oregon Channels beyond the number of Access Channels provided for in Sections 9.3 and 9.8 of this Agreement. E. The Grantee shall take all necessary steps to ensure that technically adequate signal quality in compliance with FCC requirements are initially and continuously provided for all Access Interconnections and Origination Points. 9.7 CAPITAL SUPPORT FOR ACCESS COSTS During the first four years of the term of this Agreement, Grantee shall provide $0.75 per month, per Residential Subscriber for capital support for PEG and for operating and/or capital support for the Public Communications Network (PCN). Starting in year five (5) of the Agreement, and continuing until the end of the Agreement, Grantee shall provide, for this same dual purpose, $1.00 per month, per Residential Subscriber. At the end of each of the first ten years of the Franchise, Grantor may carry over any unspent amount up to a cumulative maximum of $500,000 into each succeeding year. Grantor may carry over any unspent amount up to a cumulative maximum of $750,000 in each of the subsequent years of the Franchise. Interest earned by Grantor shall not be counted as unspent funds for the purpose of computing the carry forward limit. These carry over limits may be modified upon mutual written agreement of the parties. Consent to a request by Grantor for an increased carry over will not be unreasonably withheld. The contribution shall be payable by the Grantee to the Grantor after notice has been given to Grantee's subscribers and contribution has been included on subscribers bills. The Grantee shall make its best efforts to submit the content of notice to subscribers regarding such changes to the Grantor for review and comment at least 10 days prior to its printing. Grantee shall make such payments quarterly, following the effective date of this Agreement, for the preceding quarter ending March 31, June 30, September 30, and December 31. Each payment shall be due and payable no later than forty- five (45) days after the end of each quarter. Payments under this section shall be subject to the provisions in Section 9.9 (A). Capital funds provided by Grantee to Grantor for the purposes of supporting both the Public, Educational, and Governmental (PEG) Access program and the use of the Public Communications Network (PCN) will be disbursed in the form of grants to the Designated Access Provider and to PCN users. Grantor shall establish a grant award process and a committee to award such grants. Grantee shall be represented on this committee as a non-voting ex-officio member. Committee grant award recommendations shall be forwarded to the MACC Board of Commissioners for final consideration and award. Grantor shall provide a report annually to Grantee on the use of capital access funds provided to Grantor. The first report shall be submitted to Grantee no later Cable Television Services Agreement -1999 Page 36 Metropolitan Area Communications Commission / TCI of Oregon = than May 1, 2000. Subsequent reports shall be submitted to Grantee within 120 days after the end of the Grantor's fiscal year. Grantee may reasonably review records of the Grantor and of the Designated Access Provider related to the use of funds in such reports. Grantor agrees that the report shall document that, for ' • each dollar spent on PEG capital support for Access, an equivalent amount shall be spent, in aggregate, by Grantor and/or Designated Access Provider on operating support for PEG Access. These matching requirements may be modified upon mutual written agreement or the parties. Consent to a request by Grantor for modification to the matching requirement will not be unreasonably withheld. All funds used for PEG capital support shall not be used for administration of the fund or for any purpose other than PEG capital support. 9.8 TRIGGER FOR EXPANSION OF ACCESS CHANNELS A. Following completion of the upgrade, Grantee shall, if directed by the Grantor, provide additional, activated Downstream Channel capacity for PEG Access, to a maximum total of nine (9) Access Channels as described in Section 9.3. The Grantor shall give Grantee at least ninety (90) days prior notice of required additional Access Channels. B. The Grantor may require Grantee to provide additional activated Downstream Channel capacity for a particular type of PEG Access under this Section. When a Channel for a particular type of PEG Access programming meets the criteria set forth below, Grantor may require Grantee to provide additional activated Downstream Channel capacity for that type of PEG Access under this section. Upon Grantee's request a public hearing will be conducted regarding the need for additional capacity, to a maximum total of nine (9) Access Channels, as established by the criteria set forth below: (1) Public Access Channels: During any eight (8) consecutive weeks, the Public Access Channel is in use for Locally Produced, Locally Scheduled Original Programming 80% of the time, seven (7) days per week, for any consecutive five (5) hour block during the hours from noon to midnight; or, (2) Educational Access Channels: During any eight (8) consecutive weeks, the Educational Access Channel is in use for Locally Scheduled Original Programming 80% of the time, five (5) days per week, Monday through Friday, for any consecutive five (5) hour block during the hours from 6:00 a.m. to 11:00 p.m.; or, (3) Governmental Access Channels: During any eight (8) consecutive weeks, the Governmental Access Channel is in use for Locally Scheduled Original Programming 80% of the time, five (5) days per week, Monday through Friday, for any consecutive five. (5) hour block during the hours from 6:00 a.m. to 11:00 p.m.; and, Cable Television Services Agreement -1999 Page 37 Metropolitan Area Communications Commission / TCI bf Oregon (4) The applicable PEG Access Channel capacity expansion criteria as set forth in Subsections (1), (2) or (3) has been met, or exceeded, by the Girantor or its Designated Access Provider with responsibility for programming the PEG Access Channel. (C) For the purpose of Section 9.8: (1) "Locally Produced" means programming produced in the Clackamas, Multnomah, or Washington Counties, or the Vancouver/Clark County, Washington metropolitan area; and (2) "Original Programming" means Programming in its initial cablecast on the Cable System or in its first or second repeat; and (3) "Locally Scheduled" means that the scheduling, selection and or playback of Original Programming on a per-program basis is determined in consultation with, or pursuant to the operating procedures of, the Designated Access Provider or, with respect to programming received from an Interconnection, the provider transmitting the programming over the Interconnection. However, carriage on any Access Channel of all or a substantial portion of any non-local programming which duplicates programming otherwise carried by Grantee as a part of its Basic or expanded Basic Cable Services shall not be considered "Locally Scheduled." 9.9 ACCESS SUPPORT NOT FRANCHISE FEES A. The Grantee agrees that support for Access (Section 9) shall in no way modify or otherwise affect the Grantee's obligations to pay franchise fees to the Grantor. The Grantee agrees that although the sum of Franchise fees and the payments set forth in this Section may total more than five percent (5%) of the Grantee's Gross Revenues in any twelve (12) month period, the additional commitments shall not be offset or otherwise credited in any way against any franchise fee payments under this Agreement. B. The Grantor recognizes Franchise fees and certain additional commitments are external costs as defined under the Federal Communications Commission rate regulations in force at the time of adoption of this Agreement and the Grantee has the right and ability to include franchise fees and certain other commitments on the bills of cable customers. 9.10 ACCESS CHANNELS ON LOWEST AVAILABLE TIER All Access Channels provided to Subscribers under this Agreement shall be included by the Grantee, without limitation, as a part of Basic Cable Service offered by the Grantee on its Cable System. 9.11 CHANGE IN TECHNOLOGY Cable Television Services Agreement -1999 Page 38 Metropolitan Area Communications Commission / TCI of Oregon In the event the Grantee makes any change in the Cable System and related equipment and Facilities or in the Grantee's signal delivery technology, which " directly or indirectly substantially affects the signal quality or transmission of Access services or programming, the Grantee shall, at its own expense, take necessary technical steps or provide necessary technical assistance, including the acquisition of all necessary equipment, and full training of the Grantor's or Access personnel to ensure that the capabilities of Access services are not diminished or adversely affected by such change. Cable Television Services Agreement -1999 Page 39 Metropolitan Area Communications Commission / TCI of Oregon 9.12 TECHNICAL QUALITY The Grantee shall maintain all Upstream and Downstream Access services, Channels and Interconnections at the same level of technical quality and reliability required by this Agreement .nd all other applicable laws, rules and regulations for Residential Subscriber Channels. The Grantee shall provide routine maintenance and shall repair and replace all transmission equipment, including modulators, associated cable and equipment in use upcn the effective date of this Agreement, necessary to carry a quality signal to and from the Grantor's or Designated Access Provider's facilities. 9.13 PROMOTIONAL SERVICES A. The Grantee shall provide, at no cost to the Grantor, ten 30-second PEG Access advertising availabilities per month on various Subscriber Cable Services carried by the Grantee on the Cable System, scheduled at Grantee's discretion. Grantee shall be provided an opportunity to review and approve the content of the PEG advertising. B. The Grantee shall allow the Grantor to include two bill stuffers per year. The Grantor or Designated Access Provider shall be responsible for the cost of printing its bill stuffers, the costs of inserting the information into Grantee's bills, and for any incremental postage costs. Bill stuffers must conform to Grantee's mailing requirements. Grantee shall be provided an opportunity to review and approve all PEG bill stuffers. 9.14 CHANNEL IDENTIFICATION If requested by the Grantor or Designated Access Provider, at Grantor or Designated Access Provider costs, the Grantee will identify the PEG Channels and FM signal and identify the programming carried on the PEG Channels and FM signal in its printed and electronic programming guides, in the same manner in which it identifies the Channels and programming on Channels and audio services under its control. It is the responsibility of the Designated Access Provider to provide appropriate entities with program schedules in a timely manner, and, if the Designated Access Provider fails to do so for a particular Channel, the Grantee may simply identify the general type of programming carried on the Channel. Grantee will bill the Grantor or Designated Access Provider for the costs of these listings. H i i a~ i Cable Television Services Agreement -1999 Page 40 Metropolitan Area Communications Commission / TCI of Oregon a G SECTION 10 - GENERAL STREET USE AND CONSTRUCTION 10.1 CONSTRUCTION A. Subject to applicable laws, regulations and ordinances of Grantor and the provisions of this Agreement, Grantee may perform all construction necessary for the operation of its Cable System. All construction and maintenance of any and all facilities within Streets incident to Grantee's Cable System shall, regardless of who performs the construction, be and remain Grantee's responsibility. Grantee shall apply for, and obtain, all permits necessary for construction or installation of any facilities, and for excavating and laying any facilities within the Streets. Grantee shall pay, prior to issuance, all applicable fees of the requisite construction permits. B. Prior to beginning any construction, Grantee shall provide Grantor with a construction schedule for work in the Streets. All construction shall be performed in compliance with this Agreement and all applicable Grantor Ordinances and Codes. When obtaining a permit, Grantee shall inquire in writing about other construction currently in progress, planned or proposed, in order to investigate thoroughly all opportunities for joint trenching or boring. Whenever it is possible and reasonably practicable to joint trench or share bores or cuts, Grantee shall work with other providers, grantees, permittees and franchisees so as to reduce as far as possible the number of Street cuts. C. Grantor shall have the right to inspect all construction or installation work performed within the franchise area as it shall find necessary to ensure compliance with the terms of this agreement and other pertinent provisions of law. 10.2 LOCATION OF FACILITIES Within forty-eight (48) hours after notification of any proposed Street excavation, Grantee shall, at Grantee's expense: A. Mark on the surface all of its underground facilities within the area of the proposed excavation; B. Notify the excavator of any unlocated underground facilities in the area of the proposed excavation; or C. Notify the excavator that Grantee does not have any underground facilities in the vicinity of the proposed excavation. 10.3 RELOCATION Grantor shall have the right to require Grantee to change the location of any part of Grantee's Cable System within the Streets when the public convenience requires such change, and the expense thereof shall be paid by Grantee. Cable Television Services Agreement -1999 Page 41 Metropolitan Area Communications Commission / TCI of Oregon Should Grantee fail to remove or relocate any such facilities by the date established by Grantor, Grantor may effect such removal or relocation, and the expense thereof shall be paid by Grantee, including all costs and expenses incurred by Grantor due to Grantee's delay. If Grantor requires Grantee to relocate its facilities located within the Streets, Grantor shall make a reasonable effort to provide Grantee with an alternate location within the Streets. 10.4 RESTORATION OF STREETS A. Whenever Grantee disturbs the surface of any Street for any purpose, Grantee shall promptly restore the Street to at least its prior condition. When any opening is made by Grantee in a hard surface pavement in any Street, Grantee shall refill within twenty-four (24) hours the opening and restore the surface to a condition satisfactory to Grantor. B. If Grantee excavates the surface of any Street, Grantee shall be responsible for restoration in accordance with applicable regulations of the jurisdiction within the area affected by the excavation. Grantor may, after providing notice to Grantee, refill or repave any opening made by Grantee in the Street, and the expense thereof shall be paid by Grantee. Grantor may, after providing notice to Grantee, remove or repair any work done by Grantee that, in the determination of Grantor, is inadequate. The cost thereof, including the costs of inspection and supervision, shall be paid by Grantee. All excavations made by Grantee in the Sheets shall be properly safeguarded for the prevention of accidents. All of Grantee's work under this Agreement, and this Section in particular, sh-ill be done in strict compliance with all rules, regulations and ordinances of Grantor. Prior to making any Street or right-of- way cuts or openings, Grantee shall provide written notice to Grantor. 10.5 MAINTENANCE AND WORKMANSHIP A. Grantee's Cable System shall be constructed and maintained in such manner as not to interfere with sewers, water pipes, or any other property of Grantor, or with any other pipes, wires, conduits, pedestals, structures, equipment or other facilities that may have been laid in the Streets by, or under, Grantor's authority. B. Grantee shall provide and use any equipment necessary to control and carry Grantee's cable television signals so as to prevent injury to Grantor's property or property belonging to any Person. Grantee, at its own expense, shall repair, change and improve its facilities to keep them in good repair, and safe and presentable condition. 10.6 RESERVATION OF GRANTOR STREET RIGHTS Nothing in this Agreement shall prevent Grantor or utilities owned, maintained or operated by public entities other than Grantor, from constructing sewers; grading, paving, repairing or altering any Street; repairing or removing water Cable Television Services Agreement -1999 Page 42 Metropolitan Area Communications Commission / TCI of Oregon '.L mains; or constructing or establishing any other public work or improvement. All such work shall be done, insofar as practicable, so as not to obstruct, injure or prevent the use and operation of Grantee's Cable System. However, if any of Grantee's Cable System interferes with the construction or repair of any Street or public improvement, including construction, repair or removal of a sewer or water main, Grantee's Cable System shall be removed or replaced in the manner Grantor shall direct, and Grantor shall in no event be liable for any damage to any portion of Grantee's Cable System. Any and all such removal or replacement shall be at the expense of Grantee. Should Grantee fail to remove, adjust or relocate its facilities by the date established by Grantor's written notice to Grantee, Grantor may effect such removal, adjustment or relocation, and the expense thereof shall be paid by Grantee, including all reasonable costs and expenses incurred by Grantor due to Grantee's delay. 10.7 USE OF CONDUITS BY GRANTOR Grantor may install or affix and maintain wires and equipment owned by Grantor for governmental purposes in or upon any and all of Grantee's ducts, conduits or equipment in the Streets and other public places without charge to Grantor, to the extent space therein or thereon is reasonably available, and pursuant to all applicable Ordinances and Codes. For the purposes of this Subsection 10.7, "governmental purposes" includes, but is not limited to, the use of the structures and installations by Grantor for fire, police, traffic, water, telephone, or signal systems, but not for Cable System purposes in competition with Grantee. Grantee shall not deduct the value of such use of its facilities from its Franchise fees payable to Grantor. 10.8 STREET VACATION If any Street or portion thereof used by Grantee is vacated by Grantor during the term of this Agreement, unless Grantor specifically reserves to Grantee the right to continue its installation in the vacated Street, Grantee shall, without delay or expense to Grantor, remove its facilities from such Street, and restore, repair or reconstruct the Street where such removal has occurred, and place the Street in such condition as may be required by Grantor. In the event of failure, neglect or refusal of Grantee, after thirty (30) days' notice by Grantor, to restore, repair or reconstruct such Street, Grantor may do such work or cause it to be done, and the reasonable cost thereof, as found and declared by Grantor, shall be paid by Grantee within thirty (30) days of receipt of an invoice and documentation, and failure to make such payment shall be considered a material violation of this Agreement. 10.9 DISCONTINUING USE OF FACILITIES Whenever Grantee intends to discontinue using any facility within the Streets, Grantee shall submit for Grantor's approval a complete description of the facility and the date on which Grantee intends to discontinue using the facility. Grantee may remove the facility or request that Grantor allow it to remain in place. Cable Television Services Agreement -1999 Page 43 Metropolitan Area Communications Commission / TCI of Oregon Notwithstanding Grantee's request that any such facility remain in place, Grantor may require Grantee to remove the facility from the Street or modify the facility to protect the public health, welfare, safety, and convenience, or otherwise serve the public interest. Grantor may require Grantee to perform a combination of modification and removal of the facility. Grantee shall complete such removal or modification in accordance. with a reasonable schedule set by Grantor. Until such time as Grantee removes or modifies the facility as directed by Grantor, or until the rights to and responsibility for the facility are accepted by another Person having authority to construct and maintain such facility, Grantee shall be responsible for all necessary repairs and relocations of the facility, as well as maintenance of the Street, in the same manner and degree as if the facility were in active use, and Grantee shall retain all liability for such facility.. If Grantee abandons its facilities, Grantor may choose to use such facilities for any purpose whatsoever including, but not limited to, public, governmental, or educational purposes. 10.10 HAZARDOUS SUBSTANCES A. Grantee shall comply with all applicable local, state and federal laws, statutes, regulations and orders concerning hazardous substances relating to Grantee's Cable System in the Streets. B. Grantee shall maintain and inspect its Cable System located in the Streets. Upon reasonable notice to Grantee, Grantor may inspect Grantee's facilities in the Streets to determine if any release of hazardous substances has occurred, or may occur, from or related to Grantee's Cable System. In removing or modifying Grantee's facilities as provided in this Agreement, Grantee shall also remove all residue of hazardous substances related thereto. 10.11 UNDERGROUNDING OF CABLE A. Wiring. 1) Where all utility lines are installed underground at the time of Cable System construction, or when such lines are subsequently placed underground, all Cable System lines or wiring and equipment shall also be placed underground on a nondiscriminatory basis with other utility lines services at no additional expense to the Grantor or Subscribers, to the extent permitted by law and applicable safety codes. Cable must be installed underground where: (1) all existing utilities are placed underground, (2) statute, ordinance, policy, or other regulation of an individual Grantor or Commission requires utilities to be placed underground, or (3) all overhead utility lines are placed underground. Related Cable System equipment such as pedestals must be placed in accordance with applicable Code requirements and underground utility rules as interpreted by each Grantor's appropriate public works official. In areas Cable Television Services Agreement -1999 Page 44 Metropolitan Area Communications Commission / TCI of Oregon where electric or telephone utility wiring is aerial, the Grantee may install aerial cable, except when a property owner or resident requests underground installation and agrees to bear the reasonable additional cost in excess of aerial installation. 2) The Grantee shall utilize existing poles and conduit wherever possible. 3) This Agreement does not grant, give or convey to the Grantee the right or privilege to install its facilities in any manner on specific utility poles or equipment of the Grantor or any other Person without their permission. Copies of agreements for use of poles, conduits or other utility facilities must be provided upon request by the Grantor upon demonstrated need and subject to protecting Grantee's proprietary information from disclosure to third parties. 4) Whenever possible, to avoid additional wear and tear on Grantee's Rights of Way, Grantor shall when relocating or upgrading the current cable network install additional conduit or provide additional space for a rebuilt system. Grantee may charge for use of the conduit consistent with all applicable laws. B. Repair and Restoration of Property. 1) the Grantee shall protect public and private property from damage. If damage occurs the Grantee shall promptly notify the property owner within twenty-four (24) hours in writing. 2) If public or private property is disturbed or damaged, the Grantee shall restore the property to its former condition, normal wear and tear excepted. Public right-of-way or other Grantor property shall be restored, in a manner and within a timeframe approved by the Grantor's Director of Public Works or other appropriate designated official. If restoration of public right-of--way or other property of the Grantor is not satisfactorily performed within a reasonable time, the Director of Public Works or other appropriate designated official may, after prior notice to the Grantee, or without notice where the disturbance or damage may create a risk to public health or safety, or cause delay or added expense to a public project or activity, cause the repairs to be made at the Grantee's expense and recover the cost of those repairs from the Grantee. Within thirty (30) days of receipt of an itemized list of those costs, including the costs of labor, materials and equipment, the Grantee shall pay the Grantor. If suit is brought upon Grantee's failure to pay for repair or restoration, and if judgment in such a suit is entered in favor of the Grantor, then the Grantee shall pay all of the Grantor's actual costs and expenses resulting from the non-payment, including penalties, interest from the date the bill was presented, disbursements, attorneys' fees and litigation-related costs. Private property Cable Television Services Agreement -1999 Page 45 Metropolitan Area Communications Commission / TCI of Oregon must be restored promptly, considering the nature of the work that must be performed and in no event later than seventy-two (72) hours. 3) Prior to entering onto private property to construct, operate or repair its Cable System, Grantee shall give the Person residing on or using the " property adequate written notice (such as a door hanger which clearly identifies the anticipated construction) that it intends to work on the property, a description of the work it intends to perform and a name and phone number the Person can call to protest or seek modification of the work. Work shall be done in a manner that causes the least interference with the rights and reasonable convenience of property owners, residents and users. C. Movement of Cable System For and By Grantor. The Grantor may remove, replace, modify or disconnect Grantee's facilities and equipment located in the public right-of-way or on any other property of the Grantor in the case of fire, disaster, or other emergency, or when a project or activity of the Grantor's makes the removal, replacement, modification or disconnection necessary or less expensive for the Grantor. Except during an emergency, the Grantor shall attempt to provide reasonable notice to Grantee prior to taking such action and shall, when feasible, provide Grantee with the opportunity to perform such action. Following notice by the Grantor, Grantee shall remove, replace, modify or disconnect any of its facilities or equipment within any public right-of-way, or on any other property of the Grantor, except that the Grantor shall provide at least sixty (60) days' written notice of any mzjor capital improvement project which would require the removal, replacement, modification or disconnection of Grantee's facilities or equipment. If the Grantee fails to complete this work within the time prescribed and to the Grantor's satisfaction, the Grantor may cause such work to be done and bill the cost of the work to the Grantee. Within thirty (30) days of receipt of an itemized list of those costs, the Grantee shall pay the Grantor. D. Movement for Other Franchise Holders. If any removal, replacement, modification or disconnection is required to accommodate the construction, operation or repair of the facilities or equipment of another Franchise holder, Grantee shall, after at least thirty (30) days' advance written notice, take action to effect the necessary changes requested by the responsible entity. Those Persons shall determine how costs associated with the removal or relocation required herein shall be allocated. E. Movement for Other Permittees. At the request of any Person holding a valid permit and upon reasonable advance notice, Grantee shall temporarily raise, lower or remove its wires as necessary to permit the moving of a building, vehicle, equipment or other item. The permit holder must pay the expense of Cable Television Services Agreement -1999 Page 46 Metropolitan Area Communications Commission / TCI of Oregon • such temporary changes, and Grantee may require a reasonable deposit of the estimated payment in advance. F. Tree Trimming. Subject to acquiring prior written permission of the Grantor, • the Grantee shall have the authority to trim trees that overhang a public right- of-way of the Grantor so as to prevent the branches of such trees from coming in contact with its Cable System, in accordance with applicable codes and regulations and current, accepted professional tree trimming practices. 10.12 CODES Grantee shall strictly adhere to all building and zoning codes currently or hereafter in effect. Grantee shall arrange its lines, cables and other appurtenances, on both public and private property, in such a manner as to not cause unreasonable interference with the use of said public or private property by any Person. In the event of such interference, Grantor may require the removal or relocation of Grantee's lines, cables, and other appurtenances, at Grantee's cost, from the property in question. 10.13 STANDARDS A. All work authorized and required hereunder shall be done in a safe, thorough and workmanlike manner. The Grantee must comply with all safety requirements, rules, and practices and employ all necessary devices as required by applicable law during construction, operation and repair of its Cable System. By way of illustration and not limitation, the Grantee must comply with the National Electric Code, National Electrical Safety Code and Occupational Safety and Health Administration (OSHA) Standards. B. Grantee shall ensure that individual Cable System drops are properly bonded to the electrical power ground at the home, and are consistent, in all respects, with the requirements of the National Electric Code and the National Electrical Safety Code. N 1 i i Cable Television Services Agreement -1999 Page 47 Metropolitan Area Communications Commission / TCI of Oregon SECTION II - SYSTEM DESIGN 11.1 SUBSCRIBER NETWORK A. Upgrade Design. 1) Grantee has determined that an appropriate design plan for System upgrade in the Franchise Area will include the following requirements, which Grantee will provide and construct: (a) The System will use a fiber to the neighborhood node architecture. This will involve deployment of fiber optic cable throughout those portions of the System to be upgraded. The upgraded plant will tie into a hybrid fiber/coaxial Cable System already serving Subscribers. (b) The System shall serve no more than fifteen hundred (1,500) customers per fiber node. (c) All active electronics will be at least 550 MHz capable equipment, or equipment of higher bandwidth. (d) The upgraded Cable System shall be two-way capable and able to support two-way high speed Internet Access via the Cable System. (e) Passive devices will pass a minimum bandwidth of 550 MHz. (f) the upgrade of the Cable System will be conducted in phases. Grantor will authorize Grantee to activate the System as nodes are constructed or upgraded. (g) Upon completion of the upgrade, the Cable System shall be capable of delivering at least seventy-five (75) analog Channels of video programming services to Subscribers. 2) As designed, upgraded and maintained, the facilities and equipment on the Cable System must be able to deliver high quality signals that meet, or exceed, FCC technical quality standards regardless of the particular manner in which the signal is transmitted. The upgrade shall commence within six (6) months of the effective date of this Agreement and be completed on or before January 31, 2002. The upgraded Cable System will be capable of supporting addressable equipment throughout the System and shall enable the provision of digitally compressed video services. Grantee's upgraded Subscriber network shall, at all times, meet or exceed II~ the minimum system design and performance specifications required by the FCC. Cable Television Services Agreement --1999 Page 48 Metropolitan Area Communications Commission / TCI of Oregon B. System Functionality 1) It is the intent of the parties to provide for a process that provides the • Grantor with an opportunity to review the system design plan and construction progress to ensure that the Cable System meets or exceeds the specifications described herein. Grantee agrees that it shall provide Grantor with reasonable notice of its intent to test the performance of the upgraded Cable System so that Grantor can witness such testing. 2) At least sixty (60) days before the upgrade of the Cable System begins, Grantee shall provide the Grantor with a proposed timeline for the upgrade and an opportunity to review the proposed system design plan consistent with Grantee's obligations as described in Section 11.1. The Grantor shall indicate to Grantee, within thirty (30) days of the receipt and review of materials, as to any aspects of the timeline and/or design plan Grantor believes are inconsistent with the requirements set forth herein in Section 11.1. Grantee shall respond within thirty (30) days to the Grantor to resolve any inconsistencies. 3) Construction of fiber to the nodes shall begin no later than July 1, 1999, and shall be completed no later than January 31, 2002. 4) The upgrade must be completed in its entirety by January 31, 2002. 5) Within thirty (30) days of the effective date of this Agreement, and every month thereafter, at the request of the Grantor, Grantee and Grantor will meet to discuss the progress of the upgrade and work cooperatively to speed the construction process and to minimize the impact upon Subscribers (by e.g. discussing any problems in obtaining permits and by having Grantors provide information to Grantee on population and/or demographic trends and projections."). At each meeting, Grantee will provide a progress report on the upgrade detailing its progress in satisfying the requirements of this Section. 6) Grantee will take prompt corrective action if it finds that any facilities or equipment on the Cable System are not operating as expected, or if it finds that facilities and equipment do not comply with the requirements of this Agreement or applicable law. C. Timing of Construction . Grantee's decisions on constructing plant for service from each hub or node shall be based solely upon legitimate engineering decisions and shall not take into consideration the income level of the Franchise Area. Cable Television Services Agreement -1999 Page 49 Metropolitan Area Communications Commission / TCI of Oregon 11.2 PUBLIC COMMUNICATIONS NETWORK (PCN) A. Upgrade (1) Grantee shall upgrade the existing Public Communications Network (PCN) within the same time period Grantee upgrades the Cable System. The upgrade of the PCN shall be completed on or before January 31, 2002. Prior to commencement of PCN upgrade, Grantee shall submit the proposed design for the PCN upgrade to Grantor for review and input. Grantor shall provide comment on the proposed design within forty-five (45) days of receipt of the proposed design. Grantee shall submit the final design for the PCN upgrade to Grantor for review and comment at least fifteen (15) days prior to commencement of the upgrade. Nothing herein requires Grantee to incorporate comments and recommendations provided by Grantor on the final design of the PCN. (2) The upgrade will incorporate an optical fiber architecture to achieve the Service and Performance Standards described in Attachment 11.2 A (PCN Service and Performance Standards). The upgraded PCN will enable full fiber optic connectivity to requesting institutions upon completion of the upgrade. Accordingly, the upgrade shall include, for PCN purposes, a minimum of two (2) fibers between the headend and each PCN site with a contract for service. (3) Grantee shall provide additional fiber capacity between the headend and each PCN site to ensure that adequate capacity exists to: 1) migrate PCN users from their existing level of service using cable modems to a level of fiber-based service which requires additional capabilities and technologies; or 2) migrate PCN users to enhanced services provided by Grantee which are negotiated on a case-by-case basis between the Grantee and the PCN user. The additional capacity provided for herein shall not be more than an additional two (2) fibers per PCN user site under this Section. The monthly service cost for use of such additional capacity shall be subject to the rates and conditions provided for in Attachment 11.2 B (PCN Rate Schedule). B. PCN Capacity Grantor and Grantee agree that there is a potential growth in the current PCN user base and in the need for enhanced services by PCN users. To help to identify future growth, the Grantor, prior to August 1, 1999, shall work with PCN users to determine where future PCN user per site fiber requirements may exceed a minimum of two (2) fibers per site provided herein. (1) By virtue of these provisions, Grantee is not agreeing to provide 'dark' fiber to any PCN user or institution. Grantee is agreeing to provide a fiber- based PCN to improve the reliability and flexibility of the PCN. Any PCN user requesting and receiving fiber connectivity to the PCN shall pay the monthly fee associated with the level of service provided for in the PCN user's Cable Television Services Agreement -1999 Page 50 Metropolitan Area Communications Commission / TCI of Oregon = contract with Grantee. Monthly fees for service levels exceeding those provided for in Attachment 11.2 B will be negotiated on a case-by-case basis. However, in no case shall the cost for PCN or enhanced services exceed the market rate charged for substantially equivalent services provided by other • service providers. Grantor will periodically review rates for PCN users to ensure Grantee's compliance with this provision pursuant to the rates and conditions provided for in Attachment 11.2 B. (2) Current PCN Sites and Future PCN Sites Identified by August 1, 1999 Capacity for current PCN sites and those future PCN sites that are identified by August 1, 1999 shall be subject to the terms and conditions provided as follows (See also 11.2 A (2) (3)): a. PCN capacity between the headend and each CATV node: i) Grantee shall construct a minimum of two (2) fibers between each CAN node and the headend for each PCN site served by the CATV node. ii) Grantee shall construct a minimum of two (2) additional fibers between each CATV node and the headend to accommodate future PCN sites to be served at each CAN node. Nothing herein shall prevent Grantee from constructing additional fiber between each CATV node and the headend to provide additional services. b. PCN capacity between the CAT/ node and the PCN user site: For purposes of this Section, a 'drop' shall be defined as a connection consisting of two (2) optical fibers between a designated demarcation point at a PCN user location and the CATV node serving that PCN site. Grantee agrees to provide a new drop for those PCN sites that are contracting for network services on the upgraded PCN. (3) Future PCN Sites Identified After August 1, 1999 Capacity for future PCN sites identified after August 1, 1999 shall be subject i to the terms and conditions provided for as follows (See also 11.2 A (2) (3)): a. PCN capacity between the headend and each CATV node: Once the minimum of two (2) additional fibers provided for under Section 11.2 B. (1) a. ii are in use by a r.-w PCN site, construction costs required to provide service for a new PCN site between the headend and the CATS/ node shall be calculated on a per site basis. The costs for such construction shall be calculated as a direct cost if Grantee is not Cable Television Services Agreement -1999 Page 51 • Metropolitan Area Communications Commission / TCI of Oregon 9 constructing residential cable plant in the area or at incremental cost if Grantee is constructing residential cable plant in the area. The PCN user requesting the new site service shall be responsible for these costs. Costs for such construction shall be paid directly by the PCN user, or shall be capitalized and amortized over the life of the service contract between the Grantee and the PCN user. b. New PCN drops between the CATV node and the PCN user site: i) Drops necessary to provide PCN service will be provided free of charge by Grantee up to a distance of 450 feet. The PCN user and Grantee will share the cost on a 50/50 basis for the next additional 450 feet. The cost of any construction necessary beyond 900 feet will be solely the responsibility of the PCN user. ii) Grantee shall determine whether the cost of the drop is paid directly to the Grantee by the PCN user, or is added to the user's monthly rate and amortized over the life of the contract between Grantee and PCN user. C. Grantee's Enhanced Services Grantee shall provide the capacity for, and be capable of providing, enhanced services to PCN users over the network at a rate to be negotiated on a case-by-case basis by Grantee and PCN users (including, but not limited to: Ethernet, Fast Ethernet, Gigabit Ethernet, ATM, or FDDI - fiber distributed data interface). Nothing herein shall be construed to prevent Grantee from enhancing the capabilities, capacity, performance, or other characteristics of the network to take advantage of beneficial changes in future network technology. Grantee agrees to provide Grantor with information, and an opportunity to comment, on Grantee's proposed enhancements to network. D. Network Monitoring and Management The PCN shall be monitored by the Grantee to ensure that the PCN meets or exceeds the PCN Service and Performance Standards detailed in Attachment 11.2 A. Grantee will employ appropriate network management hardware and { software to ensure optimum performance of all data services over the PCN. Grantee will provide status monitoring for the optical transmitters and i receivers of the PCN, as well as all headend equipment, cable modems, and power supplies that may be provided by the Grantee in the future, except for those power supplies which are located at user sites. Grantee will manage the operation and perform all maintenance and repair to the PCN. PCN users will provide, and be responsible for, the operation of equipment attached to the termina. ends of the network (e.g., cable modems). Grantee may charge to procure and/or maintain equipment for PCN users. Cable Television Services Agreement -1999 Page 52 Metropolitan Area Communications Commission / TCI of Oregon - E. Network Segmentation Upon completion of the upgrade to the PCN, the PCN shall be capable of being segmented such that video, voice, and data communications can be transmitted discretely within a geographic area or jurisdiction mutually agreed upon by Grantee and Grantor. Such segmentation shall enable frequency reuse to facilitate discrete communications, such that the network does not become capacity limited. The PCN shall also incorporate necessary video/audio and data switching to enable the appropriate routing of signals within and between network segments. If the network segmentation provided for herein requires additional equipment and labor beyond that provided by Grantee, the cost for the equipment and installation shall be shared equally by Grantee and Grantor, however, the cost to the Grantee shall not exceed $7,500.00 per each request for segmentation. F. Transition from the Existing PCN to the Upgraded PCN and Between Equipment Assignments All existing PCN users shall continue to have their current network capacity available to them on the PCN until such time as they migrate to the upgraded PCN. Where it is necessary to migrate users from an existing equipment assignment to a new assignment, Grantee will assist such users in the migration so that there is minimal disruption from the existing to the new operating assignments. Unless otherwise agreed to in writing with PCN users, cutover to upgraded sections of the PCN shall occur between midnight and 5:00 a.m., or on weekends, so PCN transmissions are not adversely affected. PCN users shall have at least ten (10) business days advance notification of cutover activities that will affect the operation of their PCN circuits. G. System Interconnection The PCN shall be capable of interconnecting to institutional networks in cable systems in franchise areas that are geographically adjacent to Grantor, provided that Grantor has secured written permission for such interconnection from the regulatory authority for the adjacent franchise area. The cost for such interconnection shall be Grantee's so long as Grantee or Grantee's affiliate owns the adjacent cable system. If the adjacent cable system is not owned by Grantee, the cost for interconnection shall be equally shared by the two cable systems. Grantee shall be required to provide one (1) connection-per interconnection requirement between Grantee's Cable System and the adjacent cable system. When the adjacent cable system is owned by Grantee or Grantee's Affiliate, the interconnection link shall meet the PCN Service and Performance Standards. Grantee's financial obligation Cable Television Services Agreement -1999 Page 53 • Metropolitan Area Communications Commission / TCI of Oregon for equipment required to interconnect the PCN shall not exceed $7,500.00 per interconnection. H. Migration from Analog to Digital Transmission As the PCN incorporates digital transmission methodologies if digital video compression is employed on the subscriber network that may require PCN users to convert from analog to digital transmission, Grantee agrees to assist users in such conversions. Affected PCN users shall be given notice of conversion requirements so that PCN user operations are not adversely affected. Costs associated with such a conversion will be paid by Grantee when the conversion is at Grantee's request, and shall be paid by the PCN user when the conversion is at the request of the PCN user. 1. Network Costs PCN users shall pay the Grantee for costs associated with the upgrade to the PCN and the costs associated with providing operational support for the users' circuits on the PCN as part of their monthly services rates. In no case shall the cost for these services exceed the market rate charged for substantially equivalent services provided by other service providers, and pursuant to the rates and conditions for use of the upgraded PCN using cable modem technology as included in Attachment 11.2 B. Grantor will periodically review rates for PCN users to ensure Grantee's compliance with this provision. The current PCN user rate card shall not be modified until such time as the PCN user migrates to the upgraded PCN network at which time the rates established in Attachment 11.2 B. will apply. PCN user rates for enhanced services shall be negotiated on a case-by-case basis between PCN user and Grantee. Contracts will be negotiated between Grantee and each PCN user. Such contracts will be approved as to form by Grantor and shall comply with all terms and conditions of this Agreement. J. Network Alterations If the Grantee alters its Cable System after the upgrade described in Section 11. 1, or moves its headend so that the PCN must be changed, the Grantee must provide any additional equipment and facilities required to prevent any change in the quality of service or additional costs to PCN users. Grantee must ensure that the changes to the Cable System do not adversely affect the PCN or use of the PCN by existing or future users. K. Nothing in Section 11.2 shall be deemed by the Grantor or Grantee to subject Grantee's operations, or the PCN services provided by Grantee under Cable Television Services Agreement -1999 Page 54 Metropolitan Area Communications Commission / TCI of Oregon b authority of this Franchise, to regulation as a common carrier within the meaning of applicable state or federal law. L. Grantor and Grantee shall work together cooperatively to coordinate and market the operations of the PCN, and shall jointly promote and support the best use of this area-wide communications network. M. Grantor shall serve as an advocate for PCN users and as ombudsman between PCN users and Grantee to resolve PCN problems and issues. N. Attachments 11.2 A (PCN Service and Performance Standards) and 11.2 B (PCN Rate Schedule) are considered part of this Agreement. In that regard, they are incorporated herein by reference, and are intended to be Franchise standards. Cable Television Services Agreement -1999 Page 55 : Metropolitan Area Communications Commission / TCI of Oregon SECTION 12 - TEST AND COMPLIANCE PROCEDURES Upon request, Grantee shall advise Grantor of schedules and methods for testing the Cable System on a regular basis to determine- compliance with the provisions of applicable FCC technical standards. Representatives of Grantor may witness tests, and written test reports may be made available to Grantor upon request. As required by FCC Rules, Grantee shall conduct proof of performance tests and cumulative leakage index tests designed to demonstrate compliance with FCC requirements. Grantee shall provide Grantor summary written reports of the results of such tests. Cable Television Services Agreement -1999 Page 56 Metropolitan Area Communications Commission / TCI of Oregon SECTION 13 - SERVICE EXTENSION, CONSTRUCTION, AND INTERCONNECTION 13.1 EQUIVALENT SERVICE It is Grantee's general policy that all residential dwelling units in the Franchise • Area have equivalent availability to Cable Service from Grantee's Cable System under nondiscriminatory rates and reasonable terms and conditions. Grantee shall not arbitrarily refuse to provide Cable Service to any Person within its Franchise Area, provided that Grantee is authorized to activate the upgraded system node by node. 13.2 SERVICE AVAILABILITY A. Service to New Subdivisions. Grantee shall provide Cable Service in new subdivisions upon the earlier of either of the following occurrences: 1) Within sixty (60) days of the time when foundations have been installed in fifty (50) percent of the dwelling units in any individual subdivision; or 2) Within thirty (30) days following a request from a resident. For purposes of this Section, a receipt shall be deemed to be made on the signing of a service agreement, receipt of funds by the Grantee, receipt of a written request by Grantee, or receipt by Grantee of a verified verbal request. Grantee shall provide such service: a) With no line extension charge except as specifically authorized elsewhere in this Agreement. b) At a nondiscriminatory installation charge for a standard installation, consisting of a drop no longer than one hundred and twenty five (125) feet, with additional charges for non-standard installations computed according to a nondiscriminatory methodology for such installations, adopted by Grantee and provided in writing to Grantor; and at nondiscriminatory monthly rates for Residential Subscribers. B. Required Extensions of Service. Whenever the Grantee shall receive a request for service from at least ten (10) residences within 1320 cable- bearing strand feet (one-quarter cable mile) of its trunk or distribution cable, it shall extend its Cable System to such Customers at no cost to said Customers for Cable System extension, other than the usual connection fees for all Customers within ninety (90) days, provided that such extension is technically feasible, and if it will not adversely affect the operation, of the Cable System, or as provided under Section 2.6 of this Agreement. C. Customer Charges for Extensions of Service. No Customer shall be refused service arbitrarily. However, for. unusual circumstances, such as a Customer's request to locate a cable drop underground, existence of more than one hundred and twenty-five (125) feet of distance from distribution Cable Television Services Agreement -1999 Page 57 Metropolitan Area Communications Commission / TCI of Oregon r 1. cable to connection of service to Customers, or a density of less than ten (10) residences per 1320 cable-bearing strand feet of trunk or distribution cable, service may be made available on the basis of a capital contribution in aid of construction, including cost of material, labor, and easements. For the purpose of determining the amount of capital contribution in aid of construction to be borne by the Grantee and Customers in the area in which service may be expanded, the Grantee will contribute an amount equal to the construction and other costs per mile, multiplied by a fraction whose numerator equals the actual number of residev(;es per 1320 cable-bearing strand feet of its trunks or distribution cable and whose denominator equals ten (10) residences. Customers who request service hereunder will bear the remainder of the construction and other costs on a pro rata basis. The Grantee may require that the payment of the capital contribution in aid of construction borne by such potential Customers be paid in advance. D. Enforcement. Failure to meet these standards shall subject grantee to enforcement actions on a per Subscriber basis in Section 15. 13.3 CONNECTION OF PUBLIC FACILITIES Grantee shall, at no cost to Grantor, provide one (1) outlet of Basic and expanded basic programming to Grantors' public use buildings, as designated by the Grantors, and all libraries and Schools. Those portions of buildings housing prison/jail populations shall be excluded from this requirement. In addition, Grantee agrees to provide, at no cost, one (1) outlet of Basic and expanded basic programming to all such future public buildings if the drop line to such building does not exceed one hundred and twenty five (125) cable feet or if Grantor or other agency agrees to pay the incremental cost of such drop line in excess of one hundred twenty five (125) feet, including the cost of such excess labor and materials. Outlets of Basic and expanded basic programming provided in accordance with this subsection may be used to distribute Cable Service throughout such buildings, provided such distribution can be accomplished without causing Cable System disruption and general technical standards are maintained. Cost for any additional outlets shall be the responsibility of Grantor. Cable Television Services Agreement -1999 Page 58 Metropolitan Area Communications Commission / TCI of Oregon SECTION 14E - STANDBY POWER Grantee shall provide standby power generating capacity at the Cable System Headend capable of providing at least twelve (12) hours of emergency operation. Grantee shall maintain standby power system supplies, to the node, rated for at least two (2) hours duration. In addition, throughout the term of this Agreement, Grantee shall have a plan in place, along with all resources necessary for implementing such plan, for dealing with outages of more than two (2) hours. This outage plan and evidence of requisite implementation resources shall be presented to Grantor no later than ninety (90) days following the effective date of this Agreement. 1 Cable Television Services Agreement -1999 Page 59 Metropolitan Area Communications Commission / TCI of Oregon 0 SECTION 16 - FRANCHISE VIOLATIONS; REVOCATION OF FRANCHISE 15.1 PROCEDURE FOR REMEDYING FRANCHISE VIOLATIONS A. If Grantor believes that Grantee has failed to perform any obligation under this Agreement or has failed to perform in a timely manner, Grantor shall notify Grantee in writing, stating with reasonable specificity the nature of the alleged violation. B. The Grantor must provide written notice of a violation. Upon receipt of notice, the Grantee will have a period of thirty (30) days to cure the violation or thirty (30) days to present to the Grantor a reasonable remedial plan. The Grantor shall, with Grantee's consent, decide whether to accept, reject, or modify the remedial plan presented by the Grantee. Fines shall be assessed only in the event that either a cure has not occurred within thirty (30) days or the Grantor rejects the remedial plan. The procedures provided in Section 15 shall be utilized to impose any fines. The date of violation will be the date of the event and not the date Grantee receives notice of the violation provided, however, that if Grantor has actual knowledge of the violation and fails to give the Grantee the notice called for herein, then the date of the violation shall be no earlier than ten (10) business days before the Grantor gives Grantee the notice of the violation. Grantee shall have thirty (30) calendar days from the date of receipt of such notice to: 1) Respond to Grantor, contesting Grantor's assertion that a violation has occurred, and requesting a hearing in accordance with subsection (E) below, or; 2) Cure the violation, or; x 3) Notify Grantor that Grantee cannot cure the violation within the thirty (30) days, and notify the Grantor in writing of what steps the Grantee shall take to cure the violation including the Grantee's projected completion date for such cure. In such case, Grantor shall set a hearing date within thirty (30) days of receipt of such response in accordance with subsection C below. C. In the event that the Grantee notifies the Grantor that it cannot cure the violation within the thirty (30) day cure period, Grantor shall, within thirty (30) days of Grantor's receipt of such notice, set a hearing. At the hearing, Grantor shall review and determine whether the Grantee has taken reasonable steps to cure the violation and whether the Grantee's proposed plan and completion date for cure are reasonable. In the event such plan and completion date are determined by mutual consent to be reasonable, the same may be approved by the Grantor, who may waive all or part of the fines Cable Television Services Agreement -1999 Page 60 Metropolitan Area Communications Commission / TCI of Oregon .r for such extended cure period in accordance with the criteria set forth in subsection G. of this section. D. In the event that the Grantee fails to cure the violation within the thirty (30) • day basic cure period, or within an extended cure period approved by the Grantor pursuant to subsection (C), the Grantor shall set a hearing to determine what fines, if any, shall be applied. E. In the event that the Grantee contests the Grantor's assertion that a violation has occurred, and requests a hearing in accordance with subsection (13)(1) above, the Grantor shall set a hearing within sixty (60) days of the Grantor's receipt of the hearing request to determine whether the violation has occurred, and if a violation is found, what fines shall be applied. F. In the case of any hearing pursuant to this section, Grantor shall notify Grantee of the hearing in writing and at the hearing, Grantee shall be provided an opportunity to be heard, examine Grantor's witnesses, and to present evidence in its defense. The Grantor may also hear any other person interested in the subject, and may provide additional hearing procedures as Grantor deems appropriate. G. The fines set forth in Section 15.2 of this Agreement may be reduced at the discretion of the Grantor, taking into consideration the nature, circumstances, extent and gravity of the violation as reflected by one or more of the following factors: 1) Whether the violation was unintentional; 2) The nature of the harm which resulted; 3) Whether there is a history of prior violations of the same or other requirements; 4) Whether there is a History of overall compliance, and/or; 5) Whether the violation was voluntarily disclosed, admitted or cured. H. If, after the hearing, Grantor determines that a violation exists, Grantor may use one or more of the following remedies: 1) Order Grantee to correct or remedy the violation within a reasonable time frame as Grantor shall determine; Cable Television Services Agreement -1999 Page 61 Metropolitan Area Communications Commission / TCI of Oregon 2) Establish the amount of fine set forth in Section 15.2, taking into consideration the criteria provided for in subsection (G) of this section as appropriate in Grantor's discretion; 3) Revoke this Agreement, and/or; 4) Pursue any other legal or equitable remedy available under this Agreement or any applicable law. 15.2 FINES A. Failure to comply with provisions of the agreement may result in injury to Grantor. It will be difficult to accurately estimate the extent of such injury. Therefote, the financial penalty provisions of this Agreement are intended as a reasonable forecast of compensation to Grantor for the harm caused by violation of this Agreement, including but not limited to administrative expense, legal fees, publication of notices, and holding of a hearing or hearings as provided herein. (1) For violating aggregate performance telephone answering standards for a quarterly measurement period: a) $10,000 for the first such violation; b) $20,000 for the second such violation, unless the violation has been cured; c) $30,000 for any and all subsequent violations, unless the violation has been cured. A cure is defined as meeting the subscriber telephone answering standards for two consecutive quarterly measurement periods. (2) For violation of applicable subscriber service standards where violations are not measured in terms of aggregate performance standards: $25 per violation multiplied by the number of affected subscribers, per day; (3) For violations of Sections 11.1 and 11.2: $1,000 per day; (4) For all other violations of this agreement, except as otherwise provided herein, (for example, but not limited to, record submissions under Section 7): $250/day for each violation for each day the violation continues. B. Collection of Fines. The collection of fines by the Grantor shall in no respect afft :t: (1) Com~~ensation owed to Subscribers; or (2) The Grantee's obligation to comply with all of the provisions of this Agreement or applicable law; or Cable Television Services Agreement -1999 Page 62 Metropolitan Area Communications Commission / TCI of Oregon (3) Other remedies available to the Grantor. • 15.3 REVOCATION In addition to all other rights and powers retained by the Grantor under this Agreement or otherwise, the Grantor reserves the right to forfeit and terminate this Agreement and all rights and privileges of the Grantee hereunder, in whole or in part, in the event of a material violation of its terms and conditions. A material violation by the Grantee shall include, but shall not be limited to the following: 1) Violation of any material provision of this Agreement or any other Agreement between Grantor and Grantee, or any material rule, order, regulation, standard or determination of the Grantor or authorized agent made pursuant to this Agreement or other Agreement; 2) Attempt to evade any material provision of this Agreement or to practice any fraud or deceit upon the Grantor or its Subscribers or customers; 3) Failure to begin or complete the system upgrade, PCN upgrade, or system extension as provided in Section 11; 4) Failure to restore service after forty-eight (48) consecutive hours of interrupted service system-wide, except when approval of such interruption is obtained from the Grantor; 5) Material misrepresentation of fact in the application for or negotiation of this Agreement, or; 6) If Grantee becomes insolvent, or the subject of a bankruptcy proceeding. 15.4 RELATIONSHIP OF REMEDIES A. Remedies are Non-exclusive. The remedies provided for in this agreement are cumulative and not exclusive; the exercise of one remedy shall not prevent the exercise of another remedy, or the exercise of any rights of the Grantor at law or equity provided that the cumulative remedies may not be disproportionate to the magnitude and severity for the breach for which they are imposed. By way of example and not limitation, the collection of fines by Grantor shall in no respect affect: (1) Compensation owed to subscribers; or (2) Grantee's obligation to comply with the provisions of this agreement or applicable law. Cable Television Services Agreement -1999 Page 63 Metropolitan Area Communications Commission / TCI of Oregon B. No Election of Remedies. Without limitation, the withdrawal of amounts from the Grantee's Letter of Credit (LOC), or the recovery of amounts under the insurance, indemnity or penalty provisions of this agreement shall not be construed as any of the following: an election of remedies; a limit on the liability of Grantee under the Agreement for fines or otherwise; or an excuse of faithful performance by Grantee. 15.5 REMOVAL A. In the event of termination, expiration or revocation of this Agreement, Grantor may order the removal of the above-ground Cable System facilities and such underground facilities as required by Grantor in order to achieve reasonable engineering or Street-use purposes, from the Franchise Area at Grantee's sole expense within a reasonable period of time as determined by Grantor. In removing its plant, structures and equipment, Grantee shall refill, at its own expense, any excavation that is made by it and shall leave all Streets, public places and private property in as good a condition as that prevailing prior to Grantee's removal of its equipment. B. If Grantee fails to complete any required removal to the satisfaction of Grantor, Grantor may cause the work to be done and Grantee shall reimburse Grantor for the reasonable costs incurred within thirty (30) days after receipt of an itemized list of the costs and Grantor may recover the costs through the Letter of Credit provided by Grantee. 15.6 RECEIVERSHIP AND FORECLOSURE A. At the option of Grantor, subject to applicable law, this Agreement may be revoked one-hundred twenty (120) days after the appointment of a receiver or trustee to take over and conduct the business of Grantee whether in a receivership, reorganization, bankruptcy or other action or proceeding unless: 1) The receivership or trusteeship is vacated within one-hundred twenty (120) days of appointment, or; 2) The receiver(s) or trustee(s) have, within one hundred twenty (120) days I after their election or appointment, fully complied with all the terms and provisions of this Agreement, and have remedied all violations under the Agreement. Additionally, the receiver(s) or trustee(s) shall have executed an agreement duly approved by the court having jurisdiction, by which the receiver(s) or trustee(s) assume and agree to be bound by each and every term and provision of this Agreement. B. If there is a foreclosure or other involuntary sale of the whole or any part of the plant, property and equipment of Grantee, Grantor may serve notice of revocation on Grantee and to the purchaser at the sale, and the rights and Cable Television Services Agreement -1999 Page 64 Metropolitan Area Communications Commission / TCI of Oregon privileges of Grantee under this Agreement shall be revoked thirty (30) days after service of such notice, unless: 1) Grantor has approved the transfer of the Agreement, in accordance with the procedures set forth in this Agreement and as provided by law; and 2) The purchaser has agreed with Grantor to assume and be bound by all of the terms and conditions of this Agreement. 15.7 NO RECOURSE AGAINST GRANTOR Grantee shall not have any monetary recourse against Grantor or its officials, boards, commissions, agents or employees for any loss, costs, expenses or damages arising out of any provision or requirement of this Agreement or the enforcement thereof, in accordance with the provisions of applicable federal, state and local law. The rights of the Grantor under this Agreement are in addition to, and shall not be read to limit, any rights or immunities the Grantor may enjoy under federal, state or local law. However, under federal law, Grantee does have the right to seek injunctive and declaratory relief. 15.8 NONENFORCEMENT BY GRANTOR Grantee is not relieved of its obligation to comply with any of the provisions of this Agreement by reason of any failure of Grantor to enforce prompt compliance. Grantor's forbearance or failure to enforce any provision of this Agreement shall not serve as a basis to stop any subsequent enforcement. The failure of the Grantor on one or more occasions to exercise a right or to require compliance or performance under this Agreement or any applicable law shall not be deemed to constitute a waiver of such right or a waiver of compliance or performance, unless such right has been specifically waived in writing. Any waiver of a violation is not a waiver of any other violation, whether similar or different from that waived. Cable Television Services Agreement -1999 Page 55 Metropolitan Area Communications Commission / TCI of Oregon SECTION 16 - ABANDONMENT 16.1 EFFECT OF ABANDONMENT If the Grantee abandons its System during the Agreement term, or fails to operate its Cable System in accordance with its duty to provide continuous - service, the Grantor, at its option, may operate the Cable System; designate another entity to operate the Cable System temporarily until the Grantee restores service under conditions acceptable to the Grantor or until the Agreement is revoked and a new Franchise is selected by the Grantor; or obtain an injunction requiring the Grantee to continue operations. If the Grantor is required to operate or designate another entity to operate the Cable System, the Grantee shall reimburse the Grantor or its designee for all reasonable costs, expenses and damages incurred. 16.2 WHAT CONSTITUTES ABANDONMENT The Grantor shall be entitled to exercise its options and obtain any required injunctive relief if: A. The Grantee fails to provide Cable Service in accordance with this Agreement to the Franchise Area for ninety-six (96) consecutive hours, unless the Grantor authorizes a longer interruption of service, except if such failure to provide service is due to a force majeure occurrence, as described in Section 4.5; or B. The Grantee, for any period, willfully and without cause refuses to provide Cable Service in accordance with this Agreement. Cable Television Services Agreement -1999 Page 66 Metropolitan Area Communications Commission / TCI of Oregon SECTION 17 - FRANCHISE RENEWAL AND TRANSFER 4 17.1 RENEWAL A. The Grantor and Grantee agree that any proceedings undertaken by the Grantor that relate to the renewal of Grantee's Agreement shall be governed by and comply with the provisions of the Cable Act (47USC§545), unless the procedures and substantive protections set forth therein shall be deemed to be preempted and superseded by the provisions of any subsequent provision of federal or state law. B. In addition to the procedures set forth in the Cable Act, the Grantor agrees to notify Grantee of the completion of its assessments regarding the identification of future cable-related community needs and interests, as well as the past performance of Grantee under the then current Franchise term. Notwithstanding anything to the contrary set forth herein, Grantee and Grantor agree that at any time during the term of the then current Agreement, while affording the public adequate notice and opportunity for comment, the Grantor and Grantee may agree to undertake and finalize negotiations regarding renewal of the then current Agreement and the Grantor may grant a renewal thereof. Grantee and Grantor consider the terms set forth in this Section to be consistent with the express provisions of the Cable Act. 17.2 TRANSFER OF OWNERSHIP OR CONTROL A. The Cable System and this Agreement shall not be sold, assigned, transferred, leased, or disposed of, either in whole or in part, either by involuntary sale or by voluntary sale, merger, consolidation, nor shall title thereto, either legal or equitable, or any right, interest, or property therein pass to or vest in any Person or entity, without the prior written consent of the Grantor, which consent shall not be unreasonably withheld. B. The Grantee shall promptly notify the Grantor of any actual or proposed change in, or transfer of, or acquisition by any other party of control of the Grantee. The word "control" as used herein is not limited to majority stockholders but includes actual working control in whatever manner exercised. A rebuttable presumption that a transfer of control has occurred shall arise on the acquisition or accumulation by any Person or group of Persons of ten percent (10%) of the shares or the general partnership interest in the Grantee, except that this sentence shall not apply in the case of a transfer to any Person or group already owning at least a ten percent (10%) interest of the shares or the general partnership interest in the Grantee. Every change, transfer or acquisition of control of the Grantee shall make this Agreement subject to cancellation unless and until the Grantor shall have consented thereto. Cable Television Services Agreement -1999 Page 67 Metropolitan Area Communications Commission / TCI of Oregon C. The parties to the sale or transfer shall make a written request to the Grantor for its approval of a sale or transfer and furnish all information required by law and the Grantor. D. The Grantor shall render a final written decision on the request within one- hundred twenty (120) days of the request, provided it has received all requested information. Subject to the foregoing, if the Grantor fails to render a final decision on the request within one hundred twenty (120) days, such request shall be deemed granted unless the requesting party and the Grantor agree to an extension of time. E. Within thirty (30) days of any transfer or sale, if approved or deemed granted by the Grantor, Grantee shall file with the Grantor a copy of the deed, Agreement, lease or other written instrument evidencing such sale or transfer of ownership or control, certified and sworn to as correct by Grantee and the transferee. F. In reviewing a request for sale or transfer, the Grantor may inquire into the legal, technical and financial qualifications of the prospective controlling party or transferee, and Grantee shall assist the Grantor in so inquiring. The Grantor may condition said sale or transfer upon such terms and conditions as it deems reasonably appropriate, provided, however, any such terms and conditions so attached shall be related to the legal, technical, and financial qualifications of the prospective controlling party or transferee and to the resolution of outstanding and unresolved issues of noncompliance with the terms and conditions of this Agreement by Grantee. G.. The consent or approval of the Grantor to any transfer by the Grantee shall not constitute a waiver or release of any rights of the Grantor, and any transfer shall, by its terms, be expressly subordinate to the terms and conditions of this Agreement. H. Notwithstanding anything to the contrary in this Section, the prior approval of the Grantor shall not be required for any sale, assignment or transfer of the Agreement or Cable System for cable television system usage to an entity controlling, controlled by or under the same common control as Grantee provided that the proposed assignee or transferee must show financial responsibility as may be determined necessary by the Grantor and must agree in writing to comply with all provisions of the Agreement. Cable Television Services Agreement -1999 rage mo Metropolitan Area Communications Commission / TCI of Oregon SECTION 18 - SEVERABILITY If any section, subsection, paragraph, term or provision of this Agreement is determined to be illegal, invalid or unconstitutional by any court of competent jurisdiction or by any state or federal regulatory authority having jurisdiction thereof, such determination shall have no effect on the validity of any other Section, subsection, paragraph, term or provision of this Agreement, all of which will remain in full force and effect for the term of the Agreement. Cable Television Services Agreement -1999 Page 69 Metropolitan Area Communications Commission / TCI of Oregon SECTION 99 - MISCELLANEOUS PROVISIONS 19.1 PREFERENTIAL OR DISCRIMINATORY PRACTICES PROHIBITED Grantee shall not discriminate in hiring, employment or promotion on the basis of race, color, creed, ethnic or national origin, religion, age, sex, sexual orientation, marital status, or physical or mental disability. Throughout the term of this Agreement, Grantee shall fully comply with all equal employment or nondiscrimination provisions and requirements of federal, state and local law and, in particular, FCC rules and regulations relating thereto. 19.2 DISPUTE RESOLUTION The Grantor and Grantee agree that should a dispute arise between the parties concerning any aspect of this Agreement which is not resolved by mutual agreement of the parties, and unless either party believes in good faith that injunctive relief is warranted, the dispute will be submitted to mediated negotiation prior to any party commencing litigation. In such event, the Grantor and Grantee agree to participate in good faith in a non-binding mediation process. The mediator shall be selected by mutual agreement of the parties. In the absence of such mutual agreement, each party shall select a temporary mediator, and those mediators shall jointly select a permanent mediator. If the parties are unable to successfully conclude the mediation within 45 days from the date of the selection of the mediator, either party may terminate further mediation by sending written notice to the other. After written notice has been received by the other party, either party may pursue whatever legal remedies exist. All costs associated with mediation shall be borne, equally and separately, by the parties. 19.3 NOTICES Throughout the term of the Agreement, Grantee shall maintain and file with Grantor a designated legal or local address for the service of notices by mail. A copy of all notices from Grantor to Grantee shall be sent, postage prepaid, to such address and such notices shall be effective upon the date of mailing. At the effective date of this Agreement, such addresses shall be: (1) TCI Cablevision of Oregon, Inc. Attn : Legal Department 3500 S.W. Bond Portland, Oregon 97201 (2) TCI Cablevision Attn : Legal Department P.U. Box 91220 Bellevue, Washington 98009 Cable Television Services Agreement -1999 Page 70 Metropolitan Area Communications Commission / TCI of Oregon All notices to be sent by Grantee to Grantor under this Agreement shall be sent, postage prepaid, and such notices shall be effective upon the date of mailing. At the effective date of this Agreement, such address shall be: • Metropolitan Area Communications Commission 1815 NW 169th Place, Suite 6020 Beaverton, OR 97006-4886 19.4 BINDING EFFECT This Agreement shall be binding upon the parties hereto, their permitted successors and assigns. 19.5 AUTHORITY TO AMEND This Agreement may be amended at any time by written agreement between the parties. 19.6 GOVERNING LAW This Agreement shall be governed in all respects by the laws of the State of Oregon. 19.7 GUARANTEE The performance of the Grantee shall be guaranteed in all respects by TCI West, Inc. A signed guarantee, in a form acceptable to the Grantor, shall be filed with the Grantor prior to the effective date hereof. 19.8 CAPTIONS The captions and headings of this Agreement are for convenience and reference purposes only and shall not affect in any way the meaning or interpretation of any provisions of this Agreement. 19.9 ENTIRE AGREEMENT This Agreement, together with all appendices and attachments, contains the entire agreement between the parties, supersedes all prior agreements or proposals except as specifically set forth herein, and cannot be changed orally but only by an instrument in writing executed by the parties. 19.10 CONSTRUCTION OF AGREEMENT The provisions of this Agreement shall be liberally construed to promote the public interest. 19.11 FRANCHISE REVIEW A. During the six-month period beginning nine (9) years after the effective date of this Agreement, the Grantor and Grantee shall undertake a review of Grantee's system and performance to date, in order to determine whether the Franchise should continue in effect for the full fifteen (15) year term, or should Cable Television Services Agreement -1999 Page 71 Metropolitan Area Communications Commission / TCI of Oregon terminate at the end of the twelfth (12') year from the effective date of this Agreement. The Grantor may terminate the Franchise at the end of the twelfth (12°i) year if at least one of the following has occurred: 1) Grantor determines there has been a pattern of violation of material provisions of the Agreement; and/or 2) by the end of the six-month period, Grantee refuses to make provision for the effective resolution of any evident patterns of customer service problems unanticipated in the provisions of the Agreement. Any proposal by the Grantor to terminate the Agreement at the end of the twelfth (121') year from the effective date of this Agreement shall be subject to the same procedural requirements as for forfeiture under Section 15 hereof. B. In addition, during the six-month period beginning nine (9) years after the effective date of this Agreement, either the Grantor or the Grantee may request the other party to participate in good faith negotiations, for a period not to exceed six (6) months to consider one or more of the following subjects: 1. Technology 2. Parity with neighboring systems 3. PEG access support by the Grantee 4. Franchise term 5. PCN Functioning and Service Nothing in this subsection requires either the Grantor or the Grantee to agree to any amendment to this agreement, and any amendments hereto must be formally accepted in writing by both parties. Agreed to this day of 1999. TCI CABLEVISION OF OREGON, INC. METROPOLITAN AREA COMMUNICATIONS COMMISSION By: By: Title: Title: Cable Television Services Agreement -1999 Page 72 Metropolitan Area Communications Commission / TCI of Oregon ATTACHMENT 9.5 A _ PERMANENT ORIGINATION SITES MACC-TCI Tualatin Valley Cable Franchise - Existing - • Beaverton City Hall 4755 SW Griffith Drive Beaverton, OR 97076 • Hillsboro/Washington County Public Services Building 155 N. First Avenue Hillsboro, OR 97123 • Lake Oswego City Hall 380 "A" Avenue Lake Oswego, OR 97034 Tigard City Hall 13125 SW Hall Blvd. Tigard, OR 97223 Tualatin Council Building 18884 SW Martinazzi Avenue Tualatin, OR 97062 Portland Community College - Sylvania Campus 12000 SW 49th Avenue Portland, OR 97219 -aila T alevision Services Agreement -1999 Page 73 Metropolitan Area Communications Commission / TCl of Oregon ATTACHMENT 9.5 E f PERMANENT ORIGINATION SITES MACC-TCI Tualatin Valley Cable Franchise - Proposed - • Capital Center - Regional Education Center 18E40 NW Walker Road Beaverton, OR 97006 • Wilsonville Community Development Annex 8445 S.W. Ellingson Rd. Wilsonville, OR 97070 • Pacific University 2043 College Way Forest Grove, OR 97116 Cable Television Services Agreement -1999 Page 74 Metropolitan Area Communications Commission / TCI of Oregon ATTACHMENT 11.2 A PCN SERVICE AND PERFORMANCE STANDARDS SIGNAL QUALITY The network shall achieve the performance standards listed below under worst-case conditions for communications occurring between each PCN institution and Grantee's headend, since all communications will be regenerated at the headend. Noise and Distortion Performance - Under worst-case channel loading (including both analog and digital signals), the combined upstream and downstream performance of the system shall meet or exceed the following: - Carrier to noise equals 45 dB or better - Carrier to composite triple beat equals -55 dB or better - Carrier to second order distortion equals -58 dB or better - Carrier to cross modulation equals -54 dB or better Data Communications - For any data communications link on the network, the bit error ratio (BER) shall be equal to or better than 1 x 10 to the minus 9, provided customer premise equipment meets or exceeds, and is operating to these specifications. Network Availability - For each user on the network, network availability shall be equal to or better than 99.965% (no more than 184 minutes of network downtime per user) as measured on an annual basis. The network shall be defined as 'unavailable' under the standards in Attachment 11.2 A for any given user when such user: A. Cannot, because of a network problem, measured by SNMP software or other appropriate software and associated hardware, or through a failure of a Grantee- provided interconnect, transmit video, voice and/or data communications to, from, and/or on the network, for which such user is paying a fee to Grantee. ` Such problems shall be the result of a failure of one or more of the following: 1) the fiber optic cabling, connections and transmission equipment on the network; 2) the optical to RF conversion equipment at Grantee's headend; 3) the optical to RF conversion equipment at the customer's premise (if such equipment is provided by Grantee); 4) network powering systems; 5) the network equipment, connections • and cabling, network management, hardware and software, and related equipment provided by Grantee at Grantee's headend; and/or 6) any other Grantee-provided network component; and/or, Cable Television Services Agreement -1999 Page 75 Metropolitan Area Communications Commission / TCI of Oregon 4 B. Experiences, due to a network problem, video, voice, and data transmissions that are below the standards set forth in Attachment 11.2 A; and/or, C. Experiences due to a network problem a data communications packet loss of greater than ten (10) percent. For purposes of this availability standard, network problems shall not be defined as: infrequent scheduled preventative maintenance as long as PCN customers are notified well in advance, according to the provisions of the Franchise and user contracts. Except as otherwise proviaed for herein, network availability is subject to the force majeure provisions of the Franchise and those conditions which are not within the control of the Grantee. These include, but are not limited to: damage resulting from conduct by a third party, natural disasters, civil disturbances, major non-Grantee owned telephone network outages, or severe and unusual weather conditions. Grantee shall comply with the requirements of "Demand Maintenance/Service and Repair" to restore service following any of these occurrences. Grantee will give Grantor and affected PCN users notice in the event of any of the foregoing occurrences. Signal Level Variation - The worst-case signal level variation (peak to valley) shall be better than or equal to N / 10 + 2 (where "N" equals the number of RF amplifiers in cascade from the node). RF Signal Level at the Institution - The RF signal level on any channel delivered to the designated demarcation point at each PCN user location shall meet or be better than 10 dBmV and shall, in all cases, enable operation within the manufacturer's minimum specifications of all PCN network transmission and reception equipment located within a facility connected to the PCN. SERVICE RESPONSE Network Maintenance - Grantee shall be responsible for the ongoing maintenance and performance of the PCN from the demarcation point within a facility through the network, including the PCN headend. The demarcation point shall be that point, designated by a PCN site agreement, where the PCN connects to internal wiring and/or equipment within the facility unless such wiring or equipment has been supplied or is maintained by Grantee, in which case the Grantee shall be responsible for PCN performance to the point of connection to facility owner supplied wiring or equipment. Routine and preventive maintenance shall be performed contitiually on the network to ensure that it meets all performance criteria detailed herein. PCN users shall have at least ten (10) business days advance notice of routine and preventative maintenance activities that may affect operation of their PCN circuits. Cable Television Services Agreement -1999 Page 76 Metropolitan Area Communications Commission / TCl of Oregon Demand Maintenance/Service and Repair - Response to network problems shall occur at all hours 124 x 365). This shall include response to all situations creating problems on the network, regardless of whether they originate within the network or within equipment or software at the user site. Appropriate TCI technical support shall respond and ' actively begin working on network problems within 30 minutes of either 1) Grantee identifying such problem or 2) Grantee receiving a call from a PCN user reporting a network problem. Grantee shall work continuously until the problem is resolved. If it is determined that the network problem is caused by user equipment or software, then the user shall correct the problem such that other PCN users are no longer affected. If the user does not correct the problem, then Grantee may disconnect the affected user site from the PCN until such time that the user equipment or software is repaired. If the user desires assistance from Grantee in correcting the equipment or software problem, then Grantee shall provide such assistance, but Grantee shall also have the right to invoice the user, at Grantee's prevailing hourly rate for the time spent correcting user equipment or software problems. Network Support - TCI shall provide an appropriate complement of administrative, headend and field personnel at all times to meet the performance criteria detailed herein. At a minimum, this includes a complement of three engineering and technical personnel (at least one of which shall be a data professional) devoted solely to the operation of the PCN. This staffing requirement may be reviewed periodically and modified upon mutual agreement by the Grantee and Grantor. Service Call Processing and Tracking - Grantee will establish mechanisms and procedures for all PCN users to quickly and easily report system problems. All trouble or service calls will be documented, processed and completed in an expedient manner. Grantee will consider employing an automated trouble notification system accessible to PCN users. Documentation will include monthly PCN service call reports, distributed to both affected users and Grantor, which will include a breakdown of reasons and resolutions as well as call handling efficiency (including all activities from the time a network trouble call is received to the time Grantee and user agree that network trouble is resolved). Notwithstanding the staffing, testing and equipment and response requirements set forth herein, the Grantee will provide: in-house and/or contractor staff; spare and back-up headend, distribution, and other applicable equipment; test and maintenance equipment; and additional steps necessary to ensure that the network performs reliably in accordance with all standards detailed herein. NETWORK PERFORMANCE TESTING Proof of Performance - Proof of performance testing will be conducted on the PCN two times per year, no less frequently than every six months. A minimum of six test point locations will be established for the PCN which are representative of worst-case performance of the PCN. A representative sampling of active channels upstream and downstream shall be tested at each test point location. Testing shall be performed to Cable Television Services Agreement -1999 Page 77 Metropolitan Area Communications Commission / TCI of Oregon ensure compliance with all network performance specifications included in this Attachment. Tests shall be performed using standard test methodologies as incorporated in the current version of the NCTA's Recommended Practices for Measurement on a Cable Television System, or another test methodology as mutually agreed to by Grantor and Grantee. Network Frequency Response Sweep - Grantee shall sweep designated active portions of the PCN for frequency response in the forward and return bands, if needed, as determined by either Grantee or Grantor, to ensure compliance with the signal level variations specifications herein. The determining party shall be responsible for notifying PCN users that such testing is needed and for notifying PCN users that the PCN users' data network will be off-line for the affected period of time. System Leakage Monitoring - Grantee shall continually monitor and measure signal leakage of the PCN cable plant such that points of egress are identified that could also be points of ingress. The Signal Leakage Standard for the PCN shall be two (2) microvolts/meter or less for all frequencies in the forward and reverse directions. Signal leakage tests will be done in accordance with the current NCTA Recommended Practices for Measurement on a Cable Television System for Signal Leakage Performance. Power Supply Inspections - Grantee shall provide continuous generator and UPS back- up for all PCN components at Grantee's headend. All PCN power supplies will be manually inspected at least twice per year, which will include the following checks and tests: - Full load transfer and runtime test - Battery condition and maintenance check, including replacement if required - Status monitoring functional test Continual Status Monitoring - Status monitoring system parameters and levels will be continually reviewed and worst-case values will be monitored at least daily and logged at least weekly. On a monthly basis, Grantee will provide PCN users and Grantor with network traffic analysis, including a determination of data throughput, transfer rate, and network response under both normal and worst-case network operations using SNMP and/or other software and firmware such as RMON2. PCN User Location Performance Testing - All network performance specifications shall be met at each PCN user location, and the network shall at all times enable PCN user video, voice and data communications to be successfully transmitted in accordance with the reliability and availability standards incorporated herein. Grantee shall schedule with each user such testing as required to ensure successful network performance at each PCN user location. Cable Television Services Agreement -1999 Page 78 Metropolitan Area Communications Commission / TCI of Oregon • Physical Network Characteristics - The physical and electrical configuration of the PCN will comply with all applicable Federal, State and local requirements. Inspections of all cable runs and components will be made by Grantee during the upgrade process to ensure the integrity of the network and Grantee shall keep records thereof. During the • initial sweep and balance procedure of the system upgrade, all corroded connectors, amplifiers performing below manufacturer's specifications, corroded amplifier brackets, corroded passives and damaged cables, and any equipment or part of the system that is in disrepair or is improperly placed will be repaired or replaced by Grantee. Performance Documentation - All tests and checks will be documented and, upon request, filed with Grantor. At Grantor's request, all testing processes may be conducted under the observation of a representative from Grantor. PCN SERVICE PENALTIES AND PROCEDURES (Note: These penalties will apply beginning thirty (30) days from the date any user begins service on the upgraded PCN. Until that time, current PCN user contract penalties will apply.) PCN Network Outages - PCN network outages are defined in PCN Service & Performance Standards, Attachment 11.2 A, Network Availability. Each minute of each network outage shall be counted against the 184 minutes per site, per contract year, allowed under the above Standards. Claims for a network outage credit will be subject to the following schedule: There will b` no credits for outages for the first 184 cumulative minutes for each PCN site in a single contract year. Credits will apply for each month of the contract year, beginning with the month in which the total of 184 outage minutes is reached. For each outage minute, or fraction thereof, during a single month, the network outage credit shall be two percent (2%) of the monthly rate, and shall increase by two percent (2%) for each additional minute, or fraction thereof. The maximum monthly outage credit for each PCN site shall not exceed 100% of the monthly rate. OUTAGES FOR EACH PCN SITE EXCEEDING 184 CUMULATIVE MINUTES DURING A SINGLE CONTRACT YEAR: Cumulative Duration of Network Outages Credit Towards Monthly Rate Duringa Single Month (measured in minutes) 0.1-1.0 2% 1.1-2.0 4% 2.1-3.0 6% Cable Television Services Agreement -1999 Page 70 Metropolitan Area Communications Commission / TCI of Oregon 49.1 and above 100% Written claims for outage credit. PCN users must provide Grantee and Grantor with a written claim for outage credit within seven (7) business days of the event that caused the outage. The following information must be filed by the PCN user's designated • contract representative and the claim must include the following information: 1) Organizations name and contact information 2) Name of User Contract Representative 3) Date and beginning/end time of claimed outage 4) Site address(es) where outage(s) occurred 5) Description of outage event. Claim Process: PCN users must.submit the required. information by USPO mail to: TCI Cablevision of Oregon, Inc. 3500 S.W. Bond Portland, Oregon 97201 Grantee will acknowledge all claims within two business days of receipt of claim and will review all claims within ten (10) business days of receipt. Grantee shall inform PCN user and Grantor in writing whether the appropriate service credit claim will be granted or rejected. If rejected, the notification will specify the basis for the rejection. If Grantee fails to respond to properly made claim within fifteen (15) days of receipt of claim, claim is deemed to be accepted by Grantee and appropriate service credits will be due. PCN user or Grantee may request Grantor to mediate disputed claims. Credit Process: Grantee will issue service credits in the form of deductions applied towards the PCN user's next applicable contract period service rate. Cable Television Services Agreement -1999 Page 80 Metropolitan Area Communications Commission / TCI of Oregon ATTACHMENT 11.2 B PCN RATE SCHEDULE Initial PCN Rate Schedule - This sample PCN rate schedule will become effective as PCN users migrate to the upgraded PCN as provided for in Section 11.2. Initial rates charged PCN users upon migration will not exceed those shown below for each specified service level. Rates are for modem-over fiber applications, with shared 6 Mhz channels and optimum data rates of up to 40 Mbps. Users may continue to use their existing premise equipment (cable modems, modulators, etc.) In accordance with Section 11.2 1 of the Franchise, rates may also be adjusted to reflect competitive market rates for substantially equivalent services as periodically reviewed by Grantor. Grantee and Grantor must mutually agree to such rate adjustments. Service Level Service Rate per month/user/site/fiber pair TVF&R video $2,063.77 (receive sites @ $12.17 each) 10 - 40 Mbps Modem 498.73 9.6Kbps Modem 56.21 2-way video (NWESD) 584.34 100Mbps Service - For Ethernet service of greater than 40 Mbps, and for service up to 100 Mbps, the rates will be as follows: Minimum monthly charge, incremental to rates shown above for 10 Mbps service plus $100/site/month. Initial rate total based on the above rate card is $598.73/month, inclusive of Grantee's provision of a headend switch. Additional router capacity for customized network segmentation would also be quoted on an individual case basis. ATM and Other Enhanced Grantee Services Will be quoted by Grantee on an individual case by case basis. i * Initial user rates effective at time of migration to upgraded PCN. User rates will be adjusted annually by 3.5% or the CPI, whichever is greater, beginning on January 1, 2002. Initial rates based on 190 PCN sites (using any Grantee network service) at the time the first user migrates to the upgraded PCN. If user sites drop below 140 sites, rates will be increased by Grantee to reschedule Grantee network maintenance • costs/amortization. If user sites increase to over 240 sites, rates will be decreased by Grantee in correlation with the actual number of sites. Cable Television Services Agreement -1999 Page 81 Metropolitan Area Communications Commission / TCI of Oregon a r IJ~ M iq • r j l - ,•e~- a 4+ ~F •a J ~i • rj s ~ +w3 . 4 ~ A X 3~ "Y,-~y- ! { - t~~ r fP 'S ~,f•'~.. ~ n c - s ~w 1 .t~ ti~ 's f , ' t y. I - Y ~ ' ti L r t, e I , ~ _ I I F t JI ~ -1 ~ . ! c I A' k i - - !,t y 7T AIJI i ",yl tlN r + Ltd!~¢ kt I F 5~l~yp} y~yFAf. (,:i i 1 t I ~ M' i s~ ' z: fig' ~S ~ y ~ at i - i yJ ~3 ' lT ) , I o a^~ f' 7 ~ j L!~ i ] ,`r ~ , r I a 'I ~ ~ r ~ s! u t' t, I < I e r k]I~ ] ~ i3t 3 b' ~ ~ [ i~ , i. J t t ~ FJ i t ♦ w I f l ~ ~ ~ L y~~ t F. 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