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City Council Packet - 08/24/1999 D,ei el 1lt.1AL C OF TIGARD OREGON T IGARD CITY COUNCIL MEETING AUGUST 24,1999 COUNCIL MEETING WILL NOT E TELEVISE i 1 L•1admVo\c~kt3.doc L13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772 V Revised on August 20, 1999 r CITY OF TIGARD PUBLIC NOTICE: Anyone wishing to speak on an agenda item should sign on the appropriate sign-up sheet(s). If no sheet is available, ask to be recognized by the Mayor at the beginning of that agenda item. Visitor's Agenda items are asked to be two minutes or less. Longer matters can be set for a future Agenda by contacting either the Mayor or the City Manager. Times noted are estimated; it is recommended that persons interested in testifying be present by 7:15 p.m. to sign in on the testimony sign-in sheet. Business agenda items can be heard in any order after 7:30 a.m. Assistive Listening Devices are available for persons with impaired hearing and should be scheduled for Council meetings by noon on the Monday prior to the Council meeting. Please call 639-4171, Ext. 309 (voice) or 684-2772 (TDD - Telecommunications Devices for the Deaf). Upon request, the City will also endeavor to arrange for the following services: • Qualified sign language interpreters for persons with speech or hearing impairments; and 6 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 - AUGUST 24,1999 - PAGE 1 P° TIGARD CITY COUNCIL MEE7NG AUGUST 24, 1999 AGENDA 6:30 PM STUDY SESSION > EXECUTIVE SESSION: The Tigard City Council will go into Executive Session under the provisions of ORS 192.660 (1) (d), (e), ex (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. > Training: Public Transportation City Attorney to Advise of Process/Contracts for a Local Transportation Operation > Discussion: Walnut Island Annexation Update 7:30 PM 1. BUSINESS MEETING 1.1 Call to Order - City Council ax Local Contract Review Board 1.2 Roll Call 1.3 Pledge of Allegiance 1.4 Council Communications 1.5 Call to Council and Staff for Non-Agenda Items 7:35 PM 2. VISITOR'S AGENDA (Two Minutes or Less, Please) 7:45 PM 3. CONSENT AGENDA: These items are considered to be routine and may be enacted in one motion without separate discussion. Anyone may request that an item be removed by motion for discussion and separate action. Motion to: 3.1 Approve Council Minutes: July 13, 1999 3.2 Consider Wilsonville Request to Withdraw from the Metropolitan Area Communications Commission - Resolution No. 99-(121_ 3.3 Approve Intergovernmental Agreement with City of King City Wherein Tigard Shall Issue Permits, Perform Building, Mechanical, Plumbing and Electrical Plan Review and Inspections for King City COUNCIL AGENDA-AUGUST 24,1999 - PAGE 2 3.4 Local Contract Review Board: a. Approve the Amended Scope of Services Contract with Murray Smith . and Associates for the Willamette River Water Supply System b. Award Contract for Raw Water Monitoring of the Willamette River in Wilsonville to Montgomery Watson C. Award Contract for SW Bonita Road and 1-5 Water Main Casing Modifications to DaNeal Construction, Inc. d. Award Contract for Water Distribution System Hydraulic Study to Murray Smith and Associates 3.5 Approve the Purchase of the Keefer Property (12770 SW Ash Avenue) and Authorize the City Manager to Sign the Necessary Documents Consent Agenda - Items Removed for Separate Discussion: Any items requested to be removed from the Consent Agenda for separate discussion will be considered . Immediately after the Council has voted on those items which do not need discussion. 7:50 PM 4. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROJECT APPLICATIONS • Community Development Staff ® Council Consideration: Resolution No.--6QQ 8:00 PM 5. MCI METRO ACCESS TRANSMISSION SERVICES FRANCHISE AGREEMENT ® Finance Department Staff m Council Consideration: Ordinance No. 99-a3 8:15 PM 6. PUBLIC HEARING - ANNEXATION - "BOYLE" - ZCA 1999-0003 The applicant. has requested to Annex one (.1) parcel consisting of 1.32 acres into the Ci of Tigard. LOCATION: 13640 SW Fern Street; WCTM 2S104BD, Tax Lot 0200. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.320 and 18.390; Comprehensive Plan Policy 10 (Urbanization); and Metro 3.09 Requirements. a. Open Public Hearing b. Declarations or Challenges C. Staff/Applicant Report: Community Development Department d. Public Testimony (Proponents, Opponents, Rebuttal) e. Council Questions f. Close Public Hearing g. Staff Recommendation h. Council Consideration: Ordinance No. 99- COUNCIL AGENDA - AUGUST 24,1999 - PAGE 3 8:30 PM 7. PUBLIC HEARING - ANNEXATION - "STEVENS" - ZCA 1999-000% (LOCATION: 12400 SW BULL MOUNTAIN ROAD, EAST OF SW 126 AVENUE - 2.8 ACRES) The applicant has requested to annex 2.8 acres of land adjacent to the City limits into the City of Tigard. LOCATION: 12400 SW Bull Mountain Road east of 1261' Avenue; WCTM 2S110BC, Tax Lot 1000. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.320• and 18.390; Comprehensive Plan Policy 10 (urbanization); and Metro 3.09 Requirements. a. Open Public Hearing b. Declarations or Challenges C. Staff/Applicant Report: Community Development Department d. Public Testimony (Proponents, Opponents, Rebuttal) e. Council Questions f. Close Public Hearing g. Staff Recommendation h. Council Consideration: Ordinance No. 99-c7~j 8:45 PM 8. INFORMATIONAL PUBLIC HEARING - SANITARY SEWER REIMBURSEMENT DISTRICT NO. 15 - TO INSTALL SEWERS BEFORE PROPOSED STREET IMPROVEMENTS TO SW BEVELAND ARE CONSTRUCTED a. Open Public Hearing b. Summation by City Engineer Staff C. Public Testimony (Proponents, Opponents) d. Recommendation by Staff e.. Council Questions or Comments f. Close Public Hearing g. Consideration by Council: Resolution No. 99-_ 9:00 PM 9. COUNCIL LIAISON REPORTS 9:10 PM 10. NON AGENDA ITEMS 9:20 PM 11. EXECUTIVE SESSION: The Tigard City Council will go into Executive Session under the provisions of ORS 192.660 (1) (d), (e), 8t (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. 9:30 PM 12. ADJOURNMENT I:\AD M\CATHY\CCA\990824P. DOC COUNCIL AGENDA - AUGUST 24,1999 - PAGE 4 • Agenda Item No. I I I Q •44 TIGARD CITY COUNCIL Meeting of MEETING MINUTES - AUGUST 24, 1999 • STUDY SESSION > Meeting was called to order at 6:33 p.m. by Mayor Jim Nicoli > Council Present: Mayor Jim Nicoli, Councilors Paul Hunt, Joyce Patton, and Ken Scheckla. > Staff Present: Asst. to the City Manager Liz Newton; City Recorder Catherine Wheatley; Planning Manager Dick Bewersdorff; Long Range Planning Manager Nadine Smith; Legal Counsel Tim Ramis; Community Development Director Jim Hendryx; City Engineer Gus Duenas; Finance Director Craig Prosser; Associate Planner Duane Roberts > AGENDA REVIEW • Gus Duenas, City Engineer, asked to discuss two non-agenda items: the pavement overlay bid acceptance and the purchase of right of way for the Beveland Street extension. He commented that the City estimate on the overlay bid was apparently high. He confirmed to Councilor Scheckla that Eagle Elsner has worked for the City before. He explained to the Council that the property owner agreed to the appraised value of $72,000 plus $5,000 for improvements as the purchase price of the right of way. • Councilor Hunt asked if staff came to an agreement with Mike Hammond. Mr. Duenas explained that the problem with the Hammond property lay in the City's inability to get a reconveyance of the mortgage from the private loan holder. The Council discussed the situation. Mayor Nicoli suggested discussing a friendly condemnation with Mr. Hammond, including an offer to pay attorney's fees. Mr. Duenas pointed out that the issue was ensuring that the City had clear title to the property. He agreed that condemnation was the only option and he would discuss it with Mr. Hammond. • Councilor Scheckla asked for an update on the Sorg property. Mr. Duenas confirmed that staff gave the Sorgs the same offer as Mr. Hammond. • Councilor Scheckla asked for an update on the Walnut/Tiedeman project. Mr. Duenas reported that the streets would be open for Labor Day. He confirmed that the contractor would restore the roads through the winter and install the new road and signal light next year. > EXECUTIVE SESSION The Tigard City Council went into Executive Session at 6:42 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 7:02 p.m. > TRAINING: PUBLIC TRANSPORTATION - CITY ATTORNEY TO ADVISE OF PROCESS/CONTRACTS FOR A LOCAL TRANSPORTATION OPTION Tim Ramis, City Attorney, discussed the Transportation Management Association (TMA) CITY COUNCIL MEETING MINUTES - AUGUST 24, 1999 - PAGE 1 program referenced by Bob Stacy of Tri-Met when he met with the Council. He explained that the money available from Tri-Met for developing programs to fill in some of the gaps in transportation service came from this program. He mentioned his work in helping to set up the Columbia Corridor Association, a TMA in East Multnomah County. He explained that, like Washington County, East Multnomah County exported their transportation tax dollars and received little transportation service in return. Mr. Ramis explained that Tri-Met responded to three years of tough criticism on its failure to provide bus service in the less urbanized areas by developing an outreach program called "Transit Choices for Livability." He mentioned the DEQ mandate to employers to provide alternate methods of transportation for its employees and the employers' realization that there was no transit service available for them to encourage their employees to use. He said that the concept of transportation management associations came out of the conversations field by Tri- Met with the region. Mr. Ramis said that the typical model of a TMA was a non-profit organization of businesses (and/or local governments) assessing themselves the money needed to provide van pool service or other kinds of transit service in order to fill in the gaps left by Tri-Met. He stated that Metro approved the concept and allocated $1 million through the JPAC process for TMA pilot programs over the next four years. Mr. Ramis described the logistics of a TMA. He said that the TMA contracted with Tri-Met for funding to provide the service (according to a formula), and then contracted with a private carrier to provide the service. He commented that Tri-Met negotiated with its union employees to allow the TMAs to function without union contracts which reduced the costs of the TMA service. Mr. Ramis discussed the key financial issues of a TMA: where did the start-up money come from, and where did the operating money come from? He mentioned the statistics provided by Metro which indicated that 40% to 50% of the funding for TMAs across the country came from private sources, such as local businesses, and the remainder from grants. He said that Tri-Met proposed providing $35,000 initially to study the feasibility of a TMA in a particular area with a declining subsidy over the next three years. He noted that the intent was for the TMA to have sufficient support in the fourth year to keep running without the Tri-Met subsidy. Mayor Nicoli pointed out that Tri-Met was heavily funded by the federal government with only 20% of their costs covered by the farebox. He questioned whether or not 'a service could be self- sufficient by the fourth year. Mr. Ramis commented that the question was one of goals. One goal might be to get a line up and running in four years with sufficient ridership to convince Tri-Met that it should put a regular bus line in that location. Another goal might be to create a system that funded itself in the long run. Councilor Scheckla disagreed wiih doing Tri-Met's work for them in identifying good locations for new lines. Mr. Ramis mentioned that the TMA program did not address a fundamental question raised by many people that an area of new employment and new demand should receive a bigger piece of the Tri-met pie. Mayor Nicoli commented that he could support trying a pilot program for four years and seeing what happened. He stated that he did not support a program in which Tri-Met tried to entice cities to start up pilot projects and then expected cities to provide long-term funding. He CITY COUNCIL MEETING MINUTES - AUGUST-24,1999 - PAGE 2 mentioned that the local jurisdictions that have pulled out of Tri-Met, such as Molalla and Wilsonville, put together transit systems using corporate dollars and federal funding. Mayor Nicoli noted that Wilsonville received even more from its corporations for its local program than the Tri-Met payroll tax assessed. Mr. Ramis commented that sometimes the dynamics worked that way. He mentioned that Molalla convinced its area employers that the dollars they were spending for the Tri-Met payroll tax could go farther if they had their own system. Mayor Nicoli commented that Wilsonville's strategy of moving immediately into a permanent program wholly funded by businesses (once it pulled out from Tri-Met) was not likely to work in Tigard. Mr. Ramis pointed out that the TMA program was not a withdrawal from the Tri-Met district but rather the creation of an opportunity to put together an alternative. Mr. Ramis read the four criteria which Tri-Met would use this September in screening TMA proposals by local governments, including area benefit, community support, an anchor patron for Iona term funding, and reducing vehicle miles traveled. He commented that he did not think that Tri-Met was establishing a program to entice people in, rather they were allowing the opportunity to try TMAs as one piece of a solution to transit problems. Councilor Scheckla asked how much Tigard's share would be. Mr. Ramis said that he has not done any estimate work. He explained that Tri-Met would fund the first three years at a declining rate of 90%, 67%. and 43% respectively. The programs were on their own in the fourth year. Councilor Hunt stated that he did not want to see staff spending their time on this project. Mayor Nicoli pointed out that Tigard was at a disadvantage in this program because it was a city of small businesses without the large corporations located in Wilsonville, Hillsboro or Beaverton. Mr. Ramis agreed that Tigard had a different dynamic. He indicated that the system presupposed a mass of employers willing to put up the money. He suggested that the Council interview the managers of the Lloyd Center TMA and the Tualatin TMA who had experience in establishing a TMA. > DISCUSSION: WALNUT ISLAND ANNEXATION UPDATE Nadine Smith, Long Range Planner, reported on the staff work on the Walnut Island annexation done in response to Council's directive last spring. She mentioned their bi-monthly meetings with Washington County to gather information on costs, funding, and benefits. She described the public involvement program staff developed, including an informational packet for residents, two workshops at Fowler Middle School in October, and a survey. She remarked that representatives from USA and the County Health Department would attend the workshops to discuss the impacts of septic systems. She indicated the public hearing scheduled for the end of the year. Councilor Hunt discussed his concern that the City not give the Walnut Island residents financial breaks that it did not give to the current Tigard residents. He said that, while he was not interested in "buying" the Walnut Island, he was not opposed to paying something to bring the area into the City. He asked staff to inform the Council first of what they intended to tell the residents. Ms. Smith stated that they saw the major cost as the public sewer. USA determined that the Walnut Island was one of the largest unserved areas within their jurisdiction. She said that any CITY COUNCIL MEETING MINUTES - AUGUST 24, 1999 - PAGE 3 Mew. benefit program staff devised for the Walnut Island would probably be based on USA's interest in finding ways to serene this large unserved area and on USA giving the residents a break. Liz Newton, Assistant to the City Manager, mentioned that the City and the County were working on an agreement on the level of improvements and funding the County would put into improving the County streets to City standards. Councilor Hunt commented that he liked Ms. Smith's approach on the public involvement in providing answers in advance to the questions of interest to the residents, such as "How much is this going to cost me and what am I going to get out of it?" He mentioned the City's failure to provide those answers during the last attempt to annex the Walnut Island. Ms. Smith said that she would provide the Council with copies of the report developed by staff that lists detailed cost information. Ms. Smith asked the Council if it wanted to send a representative to the public workshops. Councilor Hunt supported a Councilor attending the meeting but the staff.giving the presentation and answering the questions. Councilor Scheckla spoke in support of Councilor Hunt's concern that the City take care of its own residents. Jim Hendryx, Community Development Director, stated that staff would inform the residents that programs were available but they would not commit to LID funding or front funding the money. He suggested that staff give the Council an overview of the public workshop presentation at the Council September workshop. The Council agreed. > OTHER ITEMS Councilor Hunt asked to discuss whether or not the City should provide some money to the school district for the high school band program (slated for budget cuts). He indicated that he would rather see the money that the Council was putting into recreation go to oducadon instead. Councilor Scheckla commented that the report on the news tonight sounded as if they were resolving the problem. Mayor Nicoli proposed that the City quietly look into the matter. He observed that, in the past, when the school district has decided to cut the performing arts at the high school, it directed the participants to the City for funding. He spoke to breaking that trend. o Mayor Nicoli advised the Council of a new issue potentially affecting the City's Urban Growth Boundary (UGB). He said that the new Community Planning Organization (CPO) formed in the area outside the King City UGB and the Tigard UGB has proposed its inclusion within the UGB because it was an urbanized area. He stated that Metro agreed with the CPO's requests but has been turned down by King City to expand its UGB to include this area. He indicated that Metro was likely to ask Tigard to expand its boundary. Councilor Scheckla asked what the City got for expanding its boundary. In response, Mayor Nicoli said that the City would receive the additional tax revenue from an urbanized area. > Mayor Nicoli adjourned the study session at 7:34 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 7:35 p.m. CITY COUNCIL MEETING MINUTES - AUGUST 24, 1999 - PAGE 4 1.2 Roll Call Mayor Nicoli, Councilors Paul Hunt, Joyce Patton, and Ken Scheckla were present. 1.4 Council Communications Councilor Hunt asked why the Mayor mentioned the Local Contract Review Board in his Call to Order. Mayor Nicoli commented that technically the Council and the Contract Review Board were two separate boards. Mr. Ramis confirmed that the Council appointed itself as the Contract Review Board (as allowed under state law) and made separate decisions as that entity. 1.5 Call to Council and Staff for Non-Agenda Items Mayor Nicoli noted that they would take up two non-agenda items immediately following the consent agenda. 2. VISITOR'S AGENDA. e Renita Gerard, Community Partners for Affordable Housing Ms. Gerard spoke in support of the park proposed on Milton Court. She discussed the importance of a play area for the children and adults in the nearby low-income housing. She said that crime in this area would not intensify due to the park. She pointed out that a park would provide constructive activities for the kids and help lead them away from crime. Councilor Hunt asked what the status was of the Hall Blvd project. Ms. Gerard stated that they received a letter indicating that they would probably not be granted their use authorization request. She commented that she did not understand the apparent concern that allowing one HUD 202 opened the door to other HUD 202s, since getting just one of the $3.5 million HUD 202s would be a major feat. She pointed out that the senior housing built with the HUD 202 money would help the City meet both its density requirements and its affordable housing requirements while not increasing traffic on Hall Blvd. • Gretchen Buehner,13045 SW Jacob Court Ms. Buchner asked if the intergovernmental agreement with the City of King City (item 3.3) related solely to the incorporated area of King City, leaving the areas within the UGB but outside the city to go to Hillsboro. Mayor Nicoli said yes. i o Bev Fronde, 12200 SW Bull Mountain Road i Ms. Froude asked the Council to explain the annexation process during the public hearings for the benefit of the audience. 3. CONSENT AGENDA Councilor Hunt asked to pull Item 3.2 Motion by Councilor Scheckla, seconded by Councilor Patton, to approve the Consent Agenda, removing Item 3.2. CITY COUNCIL MEETING MINUTES - AUGUST 24, 1999 - PAGE 5 Motion was approved by unanimous voice vote of the Council present. (Mayor Nicoli, Councilors Hunt, Patton, and Scheckla voted "yes.") [4-5] 3.1 Approve Council Minutes of: July 13,1999 3.2 Consider Wilsonville Request to Withdraw from the Metropolitan Area Communications Commission - Resolution No. 99- (see discussion below) 3.3 Approve Intergovernmental Agreement with City of King City Wherein Tigard Shall Issue Permits, Perform Building, Mechanical, Plumbing and Electrical Plan Review and Inspections for King City 3.4 Local Contract Review Board a. Approve the Amended Scope of Services Contract with Murray Smith and Associates for the Willamette River Water Supply System b. Award Contract for Raw Water Monitoring of the Willamette River in Wilsonville to Montgomery Watson c. Award Contract for SW Bonita Road and I-5 Water Main Casing Modifications to DaNeal Construction, Inc. d. Award Contract for Water Distribution System Hydraulic Study to Murray Smith and Associates e Consent Agenda - Items Removed for Separate Discussion 3.2 Consider Wilsonville Request to Withdraw from the Metropolitan Area Communications Commission - Resolution No. 99-61 Councilor Hunt mentioned Councilor Scheckla's concern about Wilsonville contracting for TVCA's services after withdrawing from MACC. He said that he did not believe that Councilor Scheckla's questions were adequately answered. He indicated that he did not support allowing Wilsonville to continue to use TVCA if it withdrew from MACC. Councilor Scheckla reported that the new TVCA Director, Patricia Dare, decided not to negotiate separately with Wilsonville. Councilor Hunt asked how permanent that decision was. Ms. Newton noted that the MACC Board voted not to allow Wilsonville to use TVCA. She conceded that a new Board could change the direction. Councilor Scheckla commented that he doubted that a future director would change the direction. Motion by Councilor Hunt, seconded by Councilor Patton, to adopt Consent Agenda Item 3.2, Resolution 99-61. Motion was approved by unanimous voice vote of the Council present. (Mayor Nicoli, Councilors Hunt, Patton, and Scheckla voted "yes.") [4-0] > > Non-agenda items p Mr. Duenas asked for approval to purchase the right of way needed for the Beveland extension at the negotiated price. ' Motion by Councilor Patton, seconded by Councilor Scheckla, to authorize the City j Manager to enter into an a,7reernedt. to purchase the property and to make a payment of $77,000. Motion was approved by unanimous voice vote of the Council present. (Mayor Nicoli, Councilors Hunt, Patton, and Scheckla voted "yes.") [4-0] CITY COUNCIL MEETING MINUTES - AUGUST 24, 1999 - PAGE 6 e Mr. Duenas reported that the low bid for the pavement overlay district was Eagle Elsner at $195,905,85. He noted the City's engineering estimate was $265,000. He asked for Local Contract Review Board approval to award the bid to Eagle Elsner. Motion by Councilor Hunt, seconded by Councilor Scheckla, to award the contract for the overlay district to Eagle Elsner in the amount of $195,905.85. Motion was approved by unanimous voice vote of the Council present. (Mayor Nicoli, Councilors Hunt, Patton, and Scheckla voted "yes.") [4-0] 4. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROJECT APPLICATIONS Duane Roberts, Associate Planner, stated that the County was accepting project proposals for CDBG funds for the 2000/03 period. He noted that the County administered these federal funds for programs benefiting low to moderate income people through an Advisory Board (Councilor Scheckla was Tigard's representative). He mentioned several projects Tigard received grants for in the past. He recommended submitting proposals for two eligible projects: sidewalk improvements to Lincoln Avenue and a small park along Milton Court. Mr. Roberts explained that this year the City received CDBG funds to improve one side of Lincoln Avenue. This $125,000 proposal was for improvements on the other side of Lincoln Avenue to bring the entire street up to City standards. Mr. Roberts discussed the second proposal to develop 2.5 acres along Bonita into a small park to serve the low income housing residents in the area. He noted that the four apartment complexes lacked play areas and there were no parks or school playgrounds nearby. He mentioned that the $320,000 project included installation of a crosswalk and traffic signal on Bonita to provide safe crossing for pedestrians. Mr. Roberts stated that staff developed a tentative design for the park as a visual presentation aid to increase the chances of the Board choosing to fund this proposal. He said that, should they get the funding, staff would go through the normal park design process involving the neighborhood and the police department. He mentioned that the neighborhoods, Neighborshare, and Community Partners for Affordable Housing were all supportive of the project. Councilor Hunt asked for clarification on the exact location of the park. Mr. Roberts described its location between Fanno Creek and Milton Court, across the street from the industrial subdivision. He commented that the businesses also supported the park. In response to Councilor Scheckla, Mr. Roberts explained that staff would submit these two proposals as separate applications. Motion by Councilor Hunt, seconded by Councilor Patton, to adopt Resolution 99-62. The City Recorder read the number and title of the resolution. RESOLUTION NO, 99-62, A RESOLUTION OF THE TIGARD CITY COUNCIL SUPPORTING APPLICATIONS FOR FEDERAL ASSISTANCE FOR CONSTRUCTING A SIDEWALK AND RELATED IMPROVEMENTS ON LINCOLN AVENUE AND A NEIGHBORHOOD PARK ON BONITA ROAD, BOTH LOCATED WITHIN LOW CITY COUNCIL MEETING MINUTES - AUGUST 24, 1999 - PAGE 7 MODERATE INCOME AREAS OF THE CITY. An audience member asked for clarification regarding the construction of the Lincoln Avenue improvements. Mr. Roberts said that staff scheduled the bidding for the improvements to the west side of Lincoln Avenue (from Greenburg to Commercial Street) for January with construction in March. The gentleman indicated that no one has talked with the neighbors about this yet. Mr. Roberts said that the Engineering Department would talk to the neighbors around the time they completed the design in January. Mayor Nicoli not:d that the gentleman could contact the Engineering staff immediately. Motion was approved by unanimous voice vote of the Council present. (Mayor Nicoli, Councilors Hunt, Patton, and Scheckla voted "yes.") [4-0] 5. )`.^1CI METRO ACCESS TRANSMISSION SERVICES FRANCHISE AGREEMENT Craig Prosser, Finance Officer, indicated that this request to authorize a local telephone access franchise for MCI Metro Transmission Services used the same form as used for the other local access service providers. He noted the provision to pay the City a franchise fee of 5% of tho gross revenues collected from within the Tigard city limits. Councilor Patton commented that the language in Section 10 contradicted the language in Sections 4 and 6. She pointed out that Section 10 broadly exempted the grantee from any payments to the City (other than the 5% franchise fee) while Sections 4 and 6 required the grantee to pay for certain repairs. Mr. Ramis agreed that the language was ambiguous. He said that they could rewrite the wording to bring out the distinction between the exemption for permit fees and the expectation that the grantee would pay the actual construction costs for replacement of services. Councilor Patton mentioned the provision in Section 11 describing the 180 day waiting period following written notice by either party of termination or renegotation. She asked if that was the intent of that provision. Mr. Ramis confirmed that that was the intent. Mr. Prosser commented that other jurisdictions used the same provision. Mr. Ramis agreed that many franchise agreements had a long notice period for renegotiation or termination. Mr. Ramis said that staff would rewrite the language and present the ordinance again at the September 14 Council meeting. 6. PUBLIC HEARING - ANNEXATION - "BOYLE" - ZCA 1999-0003 The applicant has requested to Annex one (1) parcel consisting of 1.32 acres into the City of Tigard. LOCATION: 136540 SW Fern Street; WCTM 2S104BD, Tax Lot 02200. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.320 and 18.3390; Comprehensive Plan Policy 10 (Urbanization); and Metro 3.09 Requirements a. Mayor Nicoli opened the public hearing: b. Declarations or Challenges There were none. c. StaWApplicant Report Dick Bewersdor:l', Planning Manager, noted that the City allowed this property owner to hook CITY COUNCIL MEETING MINUTES - AUGUST 24, 1999 - PAGE 8 up to sewer during the transition period between the Boundary Commission and Metro taking the sewer. He said that they have now come forward with their request to annex the 1.32 acre property. d. Public Testimony An audience member asked for clarification on what the annexation meant. Mayor Nicoli explained that this property currently lay in unincorporated Washington County, outside the Tigard city limits. He said that the property owner was asking to come into the city in order to receive city services, such as sewer. He stated that tonight the Council's decision was whether or not to let them into the City. He mentioned converting the zoning from County zoning to City zoning. e. Council Questions Councilor Patton reviewed several changes to the ordinance. She noted a typo in the third whereas. She spoke to adding the wording "Tigard Water District" in the last whereas and in Section 1. She explained that since they separated the Tigard Water District from the applicable service districts in the prior whereas, they had to include it separately wherever else it was mentioned. E Mayor Nicoli closed the public hearing g. Staff Recommendation h. Council Consideration: Ordinance No. 99-23 Motion by Councilor Patton, seconded by Councilor Scheckla, to adopt Ordinance No. 99- 23, including the changes .nade to the third whereas, the last whereas including the words Tigard Water District, and also including the words "Tigard Water District" in Section 1. The City Recorder read the number and title of the ordinance. ORDINANCE NO. 99-23, AN ORDINANCE ADOPTING FINDINGS AND CONCLUSIONS TO APPROVE ANNEXATION ZCA 99-0003 "BOYLE" ANNEXATION, AND WITHDRAWING PROPERTIES FROM THE APPLICABLE SERVICE DISTRICTS. Motion was approved by unanimous roll call vote of the Council present. (Mayor Nicoli, Councilors Hunt, Patton, and Scheckla voted "yes.") [4-0] 7. PUBLIC HEARING ANNEXATION - "STEVENS" - ZCA 1999-0004 (LOCATION: 12400 W BULL MOUNTAIN ROAD, EAST OF SW 126TH AVENUE - 2.8 ACRES) The applicant has requested to annex 2.8 acres of land adjacent to the City limits into the City of Tigard. LOCATION. 12400 SW Bull Mountain Road, east of 126 h Avenue; WCTM 2S11011C, Tax Lot 1000. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.320 and 18.3390; Comprehensive Plan Policy 10 (Urbanization); and Metro 3.09 Requirements a. Mayor Nicoli opened the public hearing. b. Declarations or Challenges CITY COUNCIL MEETING MINUTES - AUGUST 24, 1999 - PAGE 9 III El IN I NOMININ =J There were none. c. Staff/Applicant Report Mr. Bewersdorff commented that the applicant was considering a subdivision at the R-7 density of this 2.8 acre parcel adjacent to Bull Mountain Road, south of the city limits. Mayor Nicoli explained that the request this evening was whether or not the Council accepted this property into) the city; it did not involve any development considerations. He noted that, as part of the annexation, state law required conversion of the County zone to the closest compatible City zone. A gentleman asked for clarification on the zoning conversion. Mr. Bewersdorff stated that, because of the City/County agreement, the County R-6 zone was equivalent to the City R-7 zone. The gentleman asked if this an impacted the taxes on the property. Staff indicated that the City tax rate was $2.49 per $1,000. However, by annexing into the City, the property owner no longer had to pay the street light district fees or enhanced sheriff's district. Thus the total tax rate increase was approximately $1.25 per $1,000. d. Public Testimony Mayor Nicoli reviewed the land use hearing criteria. • Dale Johnson Mr. Johnson asked if the Council should be aware that this property had a spring on it. Mayor Nicoli said that that information was not needed at this time, although it could be important during development review. Mr. Johnson commented that he now understood better what annexation meant, although he was still not happy about it. e. Council Questions Councilor Patton noted that the same changes to the ordinance that she described for Item 6 applied to this ordinance as well. L Mayor Nicoli closed the public hearing g. Staff Recommendation Mr. Bewersdorff recommended approval. h. Council Consideration: Ordinance No. 99-24 Motion by Councilor Patton, seconded by Councilor Hunt, to adopt Ordinance 99-24 with the changes as specified in the last motion. The City Recorder read the number and title of the ordinance. ORDINANCE NO. 99-24, AN ORDINANCE ADOPTING FINDINGS AND CONCLUSIONS TO APPROVE AN ANNEXATION ZCA 99-0004 "STEVENS" ANNEXATION, :AND CITY COUNCIL MEETING MINUTES - AUGUST 24, 1999 - PAGE 10 WITHDRAWING PROPERTIES FROM THE APPLICABLE SERVICE DISTRICTS. Motion was approved by unanimous roll call vote of the Council present. (Mayor Nicoli, Councilors Hunt, Patton, and Scheckla voted "yes.") [4-0] 8. INFORMATIONAL PUBLIC HEARING - SANITARY SEWER REIMBURSEMENT DISTRICT NO. 15 - TO INSTALL SEWERS BEFORE PROPOSED STREET IMPROVEMENTS TO SW BEVELAND ARE CONSTRUCTED a. Mayor Nicoli opened the public hearing. b. Summation by City Engineering Staff Greg Berry, Engineer, stated that this project, the seventh reimbursement district in the neighborhood sewer extension program, would serve 25 lots in the Beveland/Hermoso Way area. He described the purpose of the project as installing the sewers in the street prior to construction of the street improvements required from the development projects on the surrounding properties. He stated that 18 out of 25 property- owners have expressed support for the project. Mr. Berry said that the estimated project cost was $176,000 or $6,700 per lot. He noted the scheduled construction bid opening on August 31 with construction scheduled from September 24 to October 15. c. Public Testimony e Bob Miller, representing his wife, a property owner on Beveland Mr. Miller stated that he supported the project but did have some concerns. He commented that most of the homeowners in the Tigard Triangle were unaware of the impact to the value of their properties when companies bought up homes and bulldozed them down for development. He cited Eagle Hardware as an example. He noted that Eagle was exempt from participating in this district because any property fronting Hunziker took its sewer from some place else. Mr. Miller held that the loss of the six houses in the neighborhood (bulldozed down by Eagle Hardware) increased the reimbursement district cost by $1,200 per house. He questioned Eagle's exemption from paying the district costs, since the property on which those houses had been located fronted Beveland. He spoke to everyone paying their share of improvements. Mr. Miller reiterated that most homeowners in the Triangle were unaware that they could be stuck footing the bill for sewer while the homes around them were stripped away. He pointed out that all of the homes were on septic, making installation of sewers only a matter of time. Mr. Miller noted the City requirement that houses converting to businesses make half street improvements. He pointed out that this resulted in a patchwork of residential street and commercial street surfaces on the same road. He suggested requiring a continuous pavement overlay for an entire city block to avoid creating a series of "speed bumps" as cars went down the street. Mr. Miller asked the Council not to slow down the process as many neighbors wanted to see sewer installed as soon as possible. CITY COUNCIL MEETING MINUTES - AUGUST 24, 1999 - PAGE 11 Rob Kavisher, representing the owners of the corner property at Beveland and Hermoso Mr. Kavisher said that they supported the installation of the sewer as soon as possible. d. Recommendation by Staff Mr. Berry recommended approval of a resolution establishing Sanitary Sewer Reimbursement District No. 15. e. Council Questions or comments Councilor Hunt asked about the issue raised regarding assessment. Mayor Nicoll pointed out that the City imposed on Eagle Hardware over $1 million in road and infrastructure improvements on SW 72nd Avenue as conditions of development approval. He said that Mr. Miller's points were well taken but the City has not let Eagle Hardware off the hook. Eagle Hardware was paying dearly for the privilege of building in Tigard. Councilor Scheckla commented that the people might not be aware that they did not have to hook up to the sewer. Mayor Nicoli explained that this was not a mandatory program requiring immediate sewer hook up by the residents. He said that if a resident did not hook up for 15 years, then he/she did not have to pay the district cost to install the piping to bring a stub out to his/her property. He confirmed that they did have to pay the sewer connection fee required of everyone hooking up to sewer in the city. L Mayor Nicoli closed the public hearing g. Consideration by the Council: Resolution No. 99-63 Motion by Councilor Hunt, seconded by Councilor Scheckla, to adopt Resolution 99-63. The City Recorder read the number and title of the resolution. RESOLUTION NO. 99-63, A RESOLUTION ESTABLISHING SANITARY SEWER REIMBURSEMENT NO. 15. Motion was approved by unanimous roll call vote of the Council present. (Mayor Nicoli, Councilors Hunt, Patton, and Scheckla voted "yes.") [4-0] 9. COUNCIL LIAISON REPORTS - None 10. NON AGENDA ITEMS - None 11. EXECUTIVE SESSION - Cancelled CITY COUNCIL MEETING MINUTES - AUGUST 24, 1999 - PAGE 12 J 12. ADJOURNMENT: 8:35 p.m. Attest: / Catherine Wheatley, City Recorder Mayor, Tigard Date: ~q Aq I: AD WATH"CCNA990824AOC CITY COUNCIL. MEETING MINUTES - AUGUST 24, 1999 - PAGE 13 COMMUNITY NEWSPAPERS, INC. Legal I P.O. BOX 370 PHONE (503) 684.0360 Notice TT 9476 BEAVERTON. OREGON 97075 Legal Notice Advertising • City of Tignrd • ❑ Tearsheet Notice 13125 SW Hall Blvd. Tigard, Oregon 97223 • ❑ Duplicate Affidavit ®Accounts Payable ° AFFIDAVIT OF PUBLICATION STATE OF OREGON, COUNTY OF WASHINGTON, )ss' j 1, being first my sworn, depose and say that I am the Advertising Director, or his principal clerk, of the Ti ggxrl-Tuna+i n imes a newspaper of general circulation as defined in ORS 193.010 and 193.020; published a+ T~arg in the aforesaid county and state; that the Ci i-y Cn,inr-i 7 MtPi-i ng ' a printed copy of which is hereto annexed, was published in the entire issue of said newspaper for ONF successive and consecutive in the following issues: August 19,1999 I Subscribed and sworn to efore me thisl9th day of August, 1999 09 OFFICIAL SEAL Not Public for Oregon BIN A. SURGM PUBLIC-OREGON fN:OTAARY My Commission Expires: MISSION NO. 062071 SION EXPIRES MAY 16, 2001 AFFIDAVIT i~tlag Itigldss ~~3 _ _ 111 n exna~. ~ obEausied ti~¢i'fl~ City'Rzcs`icder; 13125 SW ~Hsll 13o'~a1rd, Tigard, Oregon 97223, or.by calling 639.-4271;,, ; t TIGAeZ~3 Ci"f"i' e~V'c tJ'~ 1, . ' AND LOCAL CONTRACT RBVIEW BOARIA MEETIPTG ' ' August 24;1999 -='fj:30. P:M: TIGARD CITY MALL -TOWN )Li; .13125 SW HALL BOULEVARD, TIGARD, OREGON • ' Walnut Island Annexation-Process I)--.ussion_ • Training by City Attorney, Intra-CityBus System . • Public Hearing: Annexation'- "Boyle" ZCA 1999-000'3'(tocaiiori: ' 13640 SW Fem Street-1:32 Acres) • Public Hearin g• Annexe{ion "Stevens"' ZCA 1999-0004 (Lode Lion: 12400 SWBull Mountain Road, east of SW 126tti Avdnue =.2.g' . ► acres) • Public Hearin : Sanitary Sewer Reimbursement District No. 15 -.To ; rnstall_s6weii fore proposed street impioremi:nts to SW $oveland are rronstructed. • ..Consider Resolution Bndorsing Submrtt~l',of`tvNO.Com'munrty ; Deve.opmenf; $Iock Grant Project Applrcatior~ 1 sidewztlk ' cuf6 ` ;,and storm draibage.im s provements to one side 0fSW Lincoln Avetiue 1 tN SW Commercial Street ar, SW 9!lst A.vemies, and 2) th . ~eve1~' orxl pask~t~lo- " P k fw~yns • Local Contrast Review Board. iAwaYd otract forRavt~: Water.: Monitoring of Willamette River in Wilsonville • Execative Sesa-7 , x'19476=-~al~sbAtigutt 2g l.;t F ~r` .~t ;s COMMUNITY NEWSPAPERS, INC. Legal P.O. BOX 370 PHONE (503) 684-0360 Notice TT 9466 BEAVERTON, OREGON 97075 Legal Notice Advertising e City of Tigard e ❑ Tearsheet Notice 13125 SVI Ball Blvd. e Tigard , Oregon 97223 O O Duplicate Affidavit eAccounts Payable • AFFIDAVIT OF PUBLICATION STATE OF ORE-ON, ) ; COUNTY OF WASHINGTON, )ss. I, Kathy Snyder being first duly sworn, depose and say that I am the Advertising Director, or his principal clerk, of theTigard -TLa 1 ati in Times a newspaper of general circulation as defined in ORS 193.010 and 193.020; published at Ti gnrd_ in the aforesaid county and state; that the Zone Change-Stevens Annexation a printed copy of which is hereto annexed, was published in the entire issue of said newspaper for TI-70 -auccoo.3ive and consecutive in the following issues: August 5 12 1999 i Subscribed and sworn to before me thisl2th day of Aug-ust,1999 OFFICIAL SEAL ROBIN A. BINIG SS No Public for Oregon NOTARY PUBLIC-OREGON *COMMISSION NO. 062071 My Commission Expires: 'ILIOMMISSION EXPIRES MAY 16, 2001 AFFIDAVIT The* Ro*in It to considered Tkard OW, Cam" on 24, 1999 x:30 P.M., at the El g d Civic Center Town Hall•Rooiii 13123 S'P-11 Blvd., Tigard, g 97223. Both public oral and written testithoy are invited. The pube 'ng on this matter will be conducted, in accordance with Chapter 18.390060E of the Tigard Municipal Code and rules and procedures of the Tig City Council. Further iniormation may be obtained from the Plsnliln Division at 13125 SW Hall Blvd., T~i~ggard; Oregon 97223, or by "calling 39-4171. PUBLIC IE,~ING: I ZONE CEIAN1GE ANNEXATION [ZCA] 1999-00004 STEVENS ANNEXATION ic The applicant has requested to anne# 2.8 867CS G.la::d in the City limits into the City of Tigard. LOCATION: 12400.SW Bull Mountain Road, east of 126th Avenue; WCTM 2SIIOBC, Tax Lot 1000. AP- PLICARLE REVIEW CRITERIA: Community. Development Code Chapters 18.320 and.18.390; Comprehensive Plan Policy 10 (Urbanita- tion); and Metro 3.09 Requirements. ALL DOC._IMIENTS AND APPLICABLE CRITERIA IN THE ABOVE-NOTED FILE ARE AVAILABLE FOR INSPECTION AT NO ' COST OR COPIES CAN BE OBTAINED FOR TWENTY-FIVE CENTS . (25¢) PER PAGE, OR THE CURRENT RATE CHARGEDTOR COPIES AT THE TIME OF THE REQUEST..AT LEAST THIRTY (30) DAYS PRIOR TO THE FARING, A COPY OF THE STAFF REPORT, WILL BE "ARABLE FOR INSPECTION AT NO COST, OR A COPY CAN BE OBTAfNED FOR TWENTY-FIVE CENTS (25¢) PER PAGE, OR THE CURRENT RATE CHARGED FOR COPIES AT THE;TIME OF ' THE REQUEST. I _ ~ ~ r ~ snar«r~ ioa► p(e~~,(~,,,((ayyaSam~o . ~ , IN11 \ RNNfiAilQll , 999. TI'9466 - Publish August 5,12, 1 Z. C-ft IC M at - 000 03 I COMMUNITY NEWSPAPERS, INC. Legal ! P.O. BOX 370 PHONE (503) 684-0360 Notice TT 9465 BEAVERTON. OREGON 97075 Legal Notice Advertising • City of Tigard ° ❑ Tearsheet Notice _ 3.3125 SW Hall Blvd. *Tigard,Oregon 97223 • ❑ Duplicate Affidavit •Accounts Payable ° AFFIDAVIT OF PUBLICATION STATE OF OREGON, ) COUNTY OF WASHINGTON, )ss. 1, Wady Rnyr3pr being first duly sworn, depose and say that I am the Advertising Director, or his principal clerk, of the T; card-Tt,a 1 at; n 5:1mes a newspaper of general circulation as defined in ORS 193.010 and 193.020; published at Ir; gard in the aforesaid county and state; that the Zane rIiangF-Rnvle Annexation a printed copy of which is hereto annexed, was published in the entire issue of said newspaper for T110 successive and conescutive in the following issues: August 5,12,1999 i I Subscribed and sworn to b fore me this3-2th day of August , 1999 OFFICIAL SEAL ROBIN A. BURGESS N ublic for Oregon NOTARY PUBLIC-OREGON *COMMISSION NO. 062071 My Commission Expires: MY COMMISSION EXPIRES MAY 16, 2001 AFFIDAVIT ~r 7be %b; aft l*' cAQY*"by tl*.~ ~Qf~ At nt, a30 P.IV1., at die Tigard Civ:c Center'-'"fropi~'F~a11.Room'. 13125 SW Hall Blvd., Tigard, Oregon 97223. Both.public osal.atAwritten testimony,; are invited. The public hearing on, this &ifi6r~ i11 lie sondiicted i in accordance with Chapter 18390.060E of the-Tigi Munictpal Code and rules and procedures of the Tigard City Council:, Further information. may be obtained from the Planning Division at 13125 SW Hall,Slyd.; Tigard, Oregon 97223, or by calling 6394171. ZONE CHANGE ANNEXATION [ZCA] 1999.00003 > BOYLE ANNEXA'I'IOPl +c I The applicant has requested to'Annex one (1)) parcc! _5tsistiteg of 1.32 acres into the City of Tigard. LOCATI" .613640 SW Far! Stgeet;- I WCTM 2S104BD, Tax Lot 02200. APPLICABLE REVIEW" CRITERIA: Community Development Code_'Chapters 48:320•and 18.390; Comprehensive Plan Policy 10 (Urbanization); and Metro 3.09.,?: Requirements. , ALL DOCUMENTS AND APPLICABLE CRITERIA IN. THE. ABOVE-NOTED FILE ARE AVAILABLE FOR, INSPECTION AT NO'. COST OR COPIES CAN BE OBTAINED FOR TWENTY-FIVE CENTS-, . (25¢) PER PAGE, OR THE CURRrT I ATE CHARGED' FOR COPIES AT THE TIME OF THE REQUEST. AT LEAST THIRTY (30) DAYS ' PRIOR TO THE HEARING, A COPY OF THE STAFF REPORT WILL AE AVAIILABLE_EQR.INSP.ECTIQN AT NO,COBT,_OR1#COFY.CAN BE OBTAINED FOR TWENTY-FIVE CENTS (250).PERTAGE,.OR. THE CURRENT RATE CHARGED FOR COPIES'AT'THE TIME 'OF-- THE REQUEST. _ ` Veenaft KOW t`'' I v 1 - r Oi6t KA 1"P-903' aaaasasi i j , ;1~ AnSI1St 5 '1,1999 c r rte' t CITY OF TIGARD, OREGON AFFIDAVIT OF POSTING In the Matter of the Proposed STATE OF OREGON ) County of Washington ) ss. City of Tigard ) I, begin first duly sworn, on oath, depose and y; That I post in he following ublic an conspicuous places, a copy of Ordinance Number (s) Jcy -a which were adopted at the Council Meeting dated copy(s) of said ordinance(s) being heeto attached and by reference made a part hereof, on the _ ?A~Q day of 19-Api 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 J OA 04 Subscribed and sworn'to before me this day of PPt . , 19_. Notary Public for Oregon SHERMAN S. CASpER NOTARY PUBLIC-OREGON MY coMMISSION (WIRES MAY 13 20Q3 MY Expires: Commission Ex MadmUoXWpost.doc CITY OF TIGARD, OREGON ORDINANCE NO. 99- AN ORDINANCE ADOPTING FINDINGS AND CONCLIJSIONS TO APPROVE AN ANNEXATION (ZCA) 99- 00003-BOYLE ANNEXATION AND WITHDRAWING PROPERTY FROM THE APPLICABLE SERVICE DISTRICTS. WHEREAS, the City of Tigard is authorized by ORS 222.120(4)(B) and 222.170 to initiate an annexation upon receiving consent in writing from a majority of the electors registered in the territory proposed to be annexed and written consent from owners of more than half the land in the territory proposed to be annexed; and WHEREAS, the property which currently lies within the boundary of the Washington County Enhanced Sheriffs Patrol District, Washington County Urban Roads Maintenance District, Washington County Street Lighting District #1, Unified Sewer Agency and the Washington County Vector Control District would, by authorization of ORS 222.120(5) and 222.510 be withdrawn from those districts upon completion of the annexation; and WHEREAS, the City of Tigard is authorized by ORS 222.120(5) and 222.520 to withdraw properties from a water district annexed into the City, and WHEREAS, the Tigard City Council held a public hearing on August 24, 1999 to consider the annexation of a parcel of land consisting of 1.32 acres and withdrawal of said property from the Tigard Water District and applicable service districts; and WHEREAS, Pursuant to ORS 222.520(2) the City is liable to the Water District for certain debt obligations, however, in this instance the Water District has no debt for the City to assume, therefore, no option regarding the assumption of debt needs to be made; and WHEREAS, pursuant to ORS 222.120 and 222.524, notice was given and the City held a public hearing on the issue of the annexation into the City and withdrawal of the annexed property from the Tigard Water District and applicable service districts on August 24, 1999 and WHEREAS, pursuant to ORS 222.524, the City must declare the withdrawal of annexed properties from the Tigard Water District by Ordinance; and WHEREAS, the Tigard Development Code states that upon annexation, the zone is automatically changed to the City zoning most closely conforming to the County zoning; and WHEREAS, the equivalent zoning district to the Washington County R-6 is City of Tigard R-7; and WHEREAS, the annexation has been processed in accordance with the requirements of Metro 3.09 and has been reviewed for compliance with the Tigard Community Development Code and the Comprehensive Plan and the annexation substantially addresses the standards in Metro 3.09 regulating annexations; and WHEREAS, the City Council has carefully considered the testimony at the public hearing and determined that withdrawal of the annexed properties from the Tigard Water District and applicable service districts is in the best interest of the City of Tigard. NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION I: The Tigard City Council hereby annexes the parcel described in Exhibit "A" and shown in Exhibit "B" and withdraws said parcel from the Tigard Water District and applicable service districts. ORDINANCE NO. 99-=-,-a_ is\citywide\ord\ZCA99-03Ord.doc Page 1 of 2 Julia P H 12-Avg-99 11:30 AM SECTION 2: Upon annexation, the affected property shall be designated as follows: Current Comprehensive Plan Designation and Zoning Washington County R-6 Equivalent City of Tigard Comprehensive Plan Designation and Zoning City of Tigard R-? SECTION 3: This ordinance shall be effective 30 days after its passage by the Council, signature by the Mayor and posting by the City Recorder. SECTION 4: The City Recorder is hereby directed to file certified copies of the Ordinance with Metro for administrative processing. SECTION 5: Pursuant to ORS 222.120(5), the effective date of the withdrawal of the property from the Washington County Enhanced Sheriffs Patrol District, Washington County Urban Roads Maintenance District, Washington County Street Lighting District #1, Unified Sewer Agency and the Washington County Vector Control District shall be the effective date of this annexation. SECTION 5: Pursuant to ORS 222.465, the effective date of the withdrawal of this property from the Tigard Water District shall be July 1, 2000. SECTION 6: In accordance with ORS 222.180, the annexation shall be effective upon filing with the Secretary of State. PASSED: By (1nOJV VVW vote of 11 Council members present after being read by number and title only, this day of >4" 1999. ne Wheatley, City Record APPROVED: By Tigard City Council this24 day of 1999. J icoli, ayor Approved as to f rm: ~ A~ttqrrney Date T ORDINANCE NO.99- is\citywide\ord\ZCA99-03Ord.doc Page 2 of 2 Julia P H 12-Aug-99 11:30 AM Y EXHIBIT A LEGAL DESCRIPTION A TRACT OF LAND LOCATED IN LOTS 28 AND 29, HANDY ACRES, IN THE SOUTHEAST ONE-QUARTER OF THE NORTHWEST ONE-QUARTER OF SECTION 4, TOWNSHIP 2 SOUTH, RANGE 1 WEST, WILLAMETTE MERIDIAN, WASHINGTON COUNTY, OREGON, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTH LINE OF LOT 28, HANDY ACRES, WHICH IS 20 FEET WEST OF THE NORTHEAST CORNER THEREOF; THENCE SOUTH 320 FEET MORE OF LESS TO A POINT ON THE SOUTH LINE OF THE NORTH ONE-HALF OF SAID LOT 28; THENCE WEST ALONG THE SOUTH LINE OF SP.ID NORTH ONE-HALF ] 20 FEET; THENCE SOUTH 320 FEET MORE OR LESS TO THE SOUTH LINE OF LOT 28; THENCE EAST ALONG THE ALONG SAID SOUTH LINE TO THE SOUTHEAST CORNER OF SAID LOT 28; THENCE EAST ALONG THE SOUTH LINE OF LOT 29 HANDY ACRES 70 MORE OR LESS; THENCE N 00° 42'48" EAST, PARALLEL WITH THE WEST LINE OF SAID LOT 29,144.95 FEET; THENCE SOUTH 89° 43'36" WEST, PARALLEL WITH THE SOUTH LINE OF SAID LOT 29, 64.63 FEET; THENCE 14ORTH 00° 42'48" EAST, PARALLEL WITH THE WEST LINE O F LOT 29, 495.95 FEET TO THE NORTH LINE OF LOT 29, 5.00 FEET EAST OF THE NORTHEAST CORNER LOT 28; THENCE WEST, ALONG THE NORTH LINE OF LOTS 28 AND 29,25 FEET TO THE POINT OF BEGINNING. f oil the Company assumes no liabili or variations, it any, in dimensions location ascertained by actual survey.'. Ce TIC R 'YIT1..~ ~NSU A, C EXHIBIT 23 LL, 4500 4600. 6 o 6500 r 1300 200 1.r 1.e 1100 24 4 0 5 ~---1 1400 .49. AC. .49.40. .50 AC. ° w p ao 4200 r' S _1 f „ ,600 6700 ad 06.81 h~ 3o 4400 4300 a } .51 AC. H _r ,10 ~ 11 12 o a 1 25 a 26 a 3 2 1 _ 51-78. ° w w w LW CM LOT L wwa7 ACACs 0.44 3 v`~ ad eye 4 e pezew • 1. w srw .5 kj FERh STREET Nv741.23 to 43 70 41.03 3+.74 67 170• 17d I70 •24003 W34' ° 7000 1900 2000 2.100 2102 m .55 AC C; : /SAC. w 149 AC 1.37 AC //AC. . 1.05AC. 0 1 ~1 2 a ( ti tt S lao' to 6900 \ « 2500 . 61 AC l I .59 AC, LO A 1 ~ n1 170.04 1 ( a 2600 55 AC. 00 s 27 28 29 7100 LI~ _ _ X 3 b^ IM is Y 74 AC. 50. I 2300. 220 ( o _ /./B AC. 170.06 132 AC. 2700 3~ f .59 AC. I " 4 143,04' 94.03' 170.09 i 2800 1 a ks.5/ AC. _ I ° _°CJ ~ J ° A V INITIAL zzo' 490 4V 30' c lw low POINT ~04i E/ $0 1.0 X70• 0. 1Y AV, n ^ - N SEE tdAP 2S 1 act, CITY OF TIGARD, OREGON ORDINANCE NO. 99- 4P AN ORDINANCE ADOPTING FINDINGS AND CONCLUSIONS TO APPROVE AN ANNEXATION (ZCA) 99- 00004-STEVENS ANNEXATION AND WITHDRAWING PROPERTY FROM THE APPLICABLE SERVICE DISTRICTS. WHEREAS, the City of Tigard is authorized by ORS 222.120(4)(B) and 222.170 to initiate an annexation upon receiving consent in writing from a majority of the electors registered in the territory proposed to be annexed and written consent from owners of more than half the land in the territory proposed to be annexed; and WHEREAS, the property which currently lies within the boundary of the Washington County Enhanced Sheriffs Patrol District, Washington County Urban Roads Maintenance District, Washington County Street Lighting District #1, Unified Sewer Agency and the Washington County Vector Cuatrol District would, by authorization of ORS 222.120(5) and 222.510 be withdrawn from those districts upon completion of thE annexation; and WHEREAS, the City of Tigard is authorized by ORS 222.120(5) and 222.520 to withdraw properties from a water district annexed into the City, and WHEREAS, the Tigard City Council held a public hearing on August 24, 1999 to consider the annexation of a parcel of land consisting of 2.8 acres and withdrawal of said property from the Tigard Water District and applicable service districts; and WHEREAS, Pursuant to ORS 222.520(2) the City is liable to the Water District for certain debt obligations, however, in this instance the Water District has no debt for the City to assume, therefore, no option regarding the assumption of debt needs to be made; and WHEREAS, pursuant to ORS 222.120 and 222.524, notice was given and the City held a public hearing on the issue of the annexation into the City and withdrawal of the annexed property from the Tigard Water District and applicable service districts on August 24, 1999; and WHEREAS, pursuant to ORS 222.524, the City must declare the withdrawal of annexed properties from the Tigard Water District by Ordinance; and WHEREF S, the Tigard Development Code states that upon annexation, the zone is automatically changed to the City zoning most closely conforming to the County zoning; and WHEREAS, the equivalent zoning district to the Washington County R-6 is City of Tigard R-7; and WHEREAS, the annexation has been processed in accordance with the requirements of Metro 3.09 and has been reviewed for compliance with the Tigard Community Development Code and the Comprehensive Plan and the annexation substantially addresses the standards in Metro 3.09 regulating annexations; and WHEREAS, the City Council has carefully considered the testimony at the public hearing and determined that withdrawal of the annexed properties from the Tigard Water District and applicable service districts is in the best interest of the City of Tigard. NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: The Tigard City Council hereby annexes the parcel described in Exhibit "A" and shown in Exhibit "B" and withdraws said parcel from the City of Tigard and the applicable service districts. ORDINANCE NO.99- is\citywidelord\ZCA99-04Stevens Ord.doc Page 1 of 2 Julia P H 12-Aug-99 11:55 AM Ke, a SECTION 2: Upon annexation, the affected property shall be designated as follows: Current Comprehensive Plan Designation and Zoning Washington County R-6 Equivalent City of Tigard Comprehensive Plan Designation and Zones City of Tigard R-7 SECTION 3: This ordinance shall be effective 30 days after its passage by the Council, signature by the Mayor and posting by the City Recorder. SECTION 4: The City Recorder is hereby directed to file certified copies of the Ordinance with Metro for administrative processing. SECTION 5: Pursuant to ORS 222.120(5), the effective date of the withdrawal of the property from the Washington County Enhanced Sheriffs Patrol District, Washington County Urban Roads Maintenance District, Washington County Street Lighting District #1, Unified Sewer Agency and the Washington County Vector Control District shall be the effective date of this annexation. SECTION 5: Pursuant to ORS 222.465, the effective date of the withdrawal of this property from the Tigard Water District shall be July 1, 2000. SECTION 6: In accordance with ORS 222.180, the annexation shall be effective upon filing with the Secretary of State. PASSED: By U 1 YY1.61 t) vot of all Cou cil members present after being read by number and title only, this - LO - day of 1999. ne Wheatley, City Recorder APPROVED: By Tigard City Council thi day of 1 Jam ~coli, Mayor A roved as,to f rm:, I ci yarll-l gDate ORDINANCE NO. 99- is\citywide\ord\ZCA99-04Stevens Ord.doc Page 2 of 2 Julia P H 12-Aug-99 11:55 AM EXHIBIT146 ALPHA ENGINEERING, INC. JULY 27, 1999 LEGAL DESCRIPTION JOB NO. 532-001 MARSHALL STEVENS PROPERTY 2S 110BC-1000 A PARCEL OF LAND LOCATED IN THE SOUTHWEST ONE-QUARTER OF THE NORTHWEST ONE-QUARTER OF SECTION 10, TOWNSHIP 2 SOUTH, RANGE 1 WEST, WILLAMETTE MERIDIAN, CITY OF TIGARD, WASHINGTON COUNTY, OREGON DESCRIBED AS FOLLOWS: BEGINNING ON THE 'WEST LINE OF SAID SECTION 10, FROM WHICH THE WEST ONE-QUARTER SECTION CORNER BEARS SOUTH 00-17'12" WEST, 421.31 FEET; THENCE ALONG SAID LINE NORTH 00°17'12" EAST, 343.62 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF S.W. BULL MOUNTAIN ROAD, 20.00 FEET SOUTHERLY, RIGHT ANGLE MEASURE FROM THE CENTERLINE; THENCE ALONG SAID RIGHT- OF-WAY LINE NORTH 86°38'31" EAST, 354.33 FEET; THENCE LEAVING SAID LINE SOUTH 00018'25" WEST, 343.30 FEET; THENCE SOUTH 86°35'18" WEST, 354.23 FEET TO THE POINT OF BEGINNING. CONTAINING APPROXIMATELY 2.80 ACRES. THE BASIS OF BEARINGS FOR THIS DESCRIPTION IS WASHINGTON COUNTY SURVEY NO. 25,839. REGISTERED PROFESSIONAL LAND SURVEYOR 0 o G0IV x". I= MICHAEL R. GATES 2449 A O4496! Plaza West • Suite 230.9600 SW Oak- Portland, Oregon 97223 Office 503-452-8003 • Fax 503-452-8043 fA - OlOOYA►MIC INFORMATION aTaTIY SW CHANDLER DR:VE N VICINITY" NAP .-.r DU tCA 1999-00004 f : STEVENS 1 1. c ANNEXATION A CO CT SUBJECT SITE ►W- BI W J W SHADED AREA INDICATES BULL MOUNTAIN RD INSIDE OF THE TIGARD CITY LIMITS sw s T A o N 0 100 200 300 400 SOO F/61 rY 378 W1 fI - ~ t y City of Tigard sr SW A MNVIEW S InlOmubm m 0dt map is for maul bulion only Ynd ahoua DI Yarded Yldl au DmbMv. d suvicaa 0,.. 13125 SW Hal BW root OR xM3 d (5W) G391-4171 Cwt~munity Development Attp~MwY.a6ptrd.or.w Plot date: .lul 8, 1999; C:VnagicVuIAGIC03APR 4l AGENDA ITEM NO: 2 VISITOR'S AGENDA DATE : August 24,1999 (Limited to 2 minutes or lass, please) Please sign on the appropriate sheet for listed agenda items. The Council wishes to hear from you on other issues not on the agenda, but asks that you first try to resolve your concerns through staff. Please contact the City Manager prior to the start of the meeting. Thank you. STAFF CONTACTED NAME, ADDRESS & PHONE TOPIC e./I rh ~e-ae 4/i vii /y v - ~U i i I _j AGENDA ITEM No. 7 Data: AUGUST 24,1999 PUBLIC HEARING (QUASI-JUDICIAL,) ANNEXATION - "STEVENS" - ZCA 1999-0004 12400 SW BULL. FOUNTAIN ROAD i i i i f \\TIG333\USR\DEPTS\ADM\CATHY\TESTIMONY SHEEY.DOC Won= AGENDA ITEM No. 7 PLEASE PRINT Pro onent - S eakin In Favor Opponent S eakin A ainst Neutral Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Jar /a3'-; 2- 0 9 ~ Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. 910 ~k4 0j722~) So ~-1SL- 7 Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. AGENDA ITEM No. 8 Date: AUGUST 24,1999 I NFORMATI:;NAL PUBLIC HEARING SANITARY SEWER REIMBURSEMENT DISTRICT #15 \\TIG333\USR\DEPTS\ADM\CATHY\TESTIMONY SHEET.DOC INN INN ♦ 1 ~Y l AGENDA ITEM No. $ PLEASE PRINT Pro onent - S eakin In Favor Opponent - S eakin A ainst Neutral Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. 45a~ sal//~ ~le v /5' 0 o O.r ~~,a~ l/'✓ ,Z,1s,n lJi~ 9706 2 t, am e, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. 7 J~ S Co Q4--U le LAA-6 Z'~(c6-}R~ p R 638-gt340 . N& Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. 5+~ ~ ~~'S.1►SY-1 RNMIS RECEIVED C.O.T. ~~1~ laR CREW AUG 18 1999 CORRIGAN & BACHRACH LLP ATTORNEYS AT LAW 1727 N.W. Hoyt Street MEMORANDUM Portland, Oregon 97209 (503) 222-4402 Fax: (503) 243-2944 TO: Cathy Wheatley, City Recorder City of Tigard FROM: Timothy V. Ramis DATE: August 16, 1999 RE: Presentation on Supplemental Transit Possibilities As part of its update of the Metro Transportation Improvement Program, Metro has established an allocation of transportation development funds known as Priorities 2000. Included is an allocation of $1 million for Transportation Management Associations (TMAs) to develop "Transportation Demand Management" programs. A TMA is any association that provides services intended as options to single occupant motor vehicle use. TMA programs can include van pools, area car pool facilitation, or shuttle services. The TMA funds are allocated through Tri-Met, which administers the program for Metro. Metro is in the process of developing guidelines for TMA programs, but has no written rules or policies at this time. However, Metro has established that funding will be limited to 90 percent the first year, 67 percent the second year, and 33 percent the third year. The local funding requirement conversely increases from 10 percent the first year to 100 percent the fourth year. The intent is to develop a program that will establish itself so that it will not need Metro/Tri-Met assistance after the third year. The idea is that rider or employer payments or some other type of local funding will provide an increasing share of the cost of the program. One arrangement that is becoming common is for Tri-Met to contract with a TMA to provide shuttle service in an area during rush hour and for the TMA to subcontract with a private bus, shuttle, or taxi company to provide the vehicles and drivers. Some other funds may be available. Tri-Met may agree to provide funding for a similar type program but at a potentially level finding level. However it appears to take the threat of litigation over the lack of service in an area to persuade Tri-Met to consider funding a local alternative on a longer term basis. Attached are a copy of Metro Resolution 98-2876 establishing the framework for the TMA grant program and a copy of a proposed contract for the provision of shuttle service in the Columbia Corridor area. s MEMO= I HEREBY CERTIFY THAT THE FOREGOING IS A COMPLETE AND EXACT COPY OF THE ORIGINAL THEREOF. BEFORE THE METRO COUNCIL ~ene.uen ~ feFM4YJti, aACA 97- Clerk of the Metro Council FOR THE PURPOSE OF ESTABLISHING ) RESOLUTION NO. 98-2676 A POLICY BASIS AND FUNDING ) STRATEGY FOR TRANSPORTATION ) Introduced by MANAGEMENT ASSOCIATIONS (TMAs) ) Councilor Washington, Chair FOR THE MTIP/STIP DEVELOPMENT ) JPACT PROCESS ) WHEREAS; Metro is in the process of completing an update to the Regional Transportation Plan (RTP) for adoption in December 1998; and WHEREAS, The RTP is designed to implement the region's 2040 Growth Concept by providing alternative transportation'options to best serve different land use components; and WHEREAS, Implementation of the 2040 Growth Concept requires the use of alternative modes of travel in order to avoid unac- ceptable levels of congestion and to ensure that accessibility by ( alternative modes is attractive; and WHEREAS, Transportation Demand Management (TDM) encompasses a series of strategies, techniques and supporting actions to promote the use of alternative modes; and WHEREAS, The State's Transportation Planning Rule (TPR) requires a reduction in vehicle miles traveled (VMT) over the 20- year planning.period of the RTP; and WHEREAS, The Employee Commute Options (ECO) rule requires employers with more than 50 employees at a work site to reduce vehicle trips by 10 percent; and WHEREAS, The RTP establishes Regional TDM policy and 1 X objectives to help reduce vehicle trips and VMT; and WHEREAS, Goal S, Objective 2 of the RTP, promotes the establishment of Transportation Management Associations (TMAs) as a means to support programs to reduce the need to travel and to make it more convenient for people to use alternative modes for all trips throughout the region; and WHEREAS, The RTP does not currently include a comprehensive approach to TMA development, implementation and funding; and WHEREAS, The Portland region currently has three operating TMAs and has identified an additional twenty-five potential locations for TMA development through Tri-Met's Transit Choices for Livability effort; and WHEREAS, JPACT proposed that Metro proceed with development of a policy basis and funding strategy to determine how to i accommodate more TMAs in the region and what process should be used to review TMA proposals for the MTIP/STIP development process; now, therefore, BE IT RESOLVED: 1. That the Metro Council and JPACT endorse the model framework for consideration of TMAs as described in Exhibit A to this resolution. a 2. That Tri-Met assumes the general administrative i oversight for the regional TMA program. That Tri-Met in i conjunction with the TPAC TDM Subcommittee will be responsible for initial review and screening of TMA proposals and development of a recommendation to TPAC/JPACT/Metro.Council. 2 Emil r 3. That the MTIP/STIP development process will consider the extent to which TMA formation will be funded. There should not., however, be an expectation that all potential TMAs will be funded with federal funds in any of the stages of development. 4. That once a decision is made on how many TMAs to fund, a priority ranking of dandidate locations will be developed through the TPAC/JPACT/Metro Council approval process. ADOPTED by the Metro Council this 1ST- y o OeM 1998. Jon Kvi ad, P esiding officer Approved as to Form: Daniel B. Coop r, General Counsel i 3 11,111 WINE EXHIBIT A Recommendation for TMA Policy Basis Adoption of Resolution No. 98-2676 establishes the following policy basis for reviewing TMA proposals in conjunction with the MTIP/STIP development process. These policies/procedures are based on information developed in the staff report to this resolution. TMA Application/Proposal Process Applications for the formation and regional funding of TMAs will be made directly to Tri-Met. Tri-Met will utilize the TPAC TDM Subcommittee for initial review and screening of applications. Initial Screening Criteria TMA applications/proposals for the upcoming MTIP/STIP development process will be screened by the TDM Subcommittee relative to the following criteria: Is the TMA proposed in an area that would benefit from a TMA (ie., population/employment density; 2040 design type/land use link)? Is there demonstration of community support for a TMA? Is there an identified problem/issue common to the geographical area? Is there an identified anchor patron, major employer/organi- zation, chamber of commerce, developer, etc. supporting the formation of the TMA? Will the TMA assist in the potential to meet the non-auto mode split targets established for the area, reduce VMT, reduce single-occupant vehicle trips, etc.? TMA Development/Implementation During the Exploratory stage of development, a Feasibility Study/ Needs Assessment will be conducted to determine the economic and n transportation barriers to businesses and to identify solutions, common issues and interests, and appropriate levels of commitment for private sector financial/in-kind investment in the TMA. Products will include a business and financial plan to identify the TMA's mission, responsibility, and near-term and long-term funding needs. 1 The Formative stage will be characterized by implementation of the business plan and financial plan, development of an imple- mentation work plan, establishment of an appropriate dues structure, member recruitment procedures, staffing requirements, outreach, and preparation of legal documentation. The Operational stage will focus on implementation of the work plan, achievement of goals and objectives, and the provision of new and expanded services to TMA members. As identified previously, the most important determinants to a successful TMA model are the proximity of businesses linked by common interest in specific issues and the level of commitment to their solution, rather than mere size and density. Emphasis should be on "access" and "development of transportation alternatives" as the key purposes for the TMA. TMA Funding Strategy Adoption of Resolution No. 98-2676 establishes the following phased strategy for funding TMA proposals through the MTIP/STIP development process. Exploratory Stage - Up to $35,000 (Each) During this stage, regional funding assistance will be in the form of seed money to be used to conduct a feasibility/needs assessment to: determine common issues of potential members; identify proposed solutions; conduct business surveys of member companies; conduct focus groups; and prepare final report and recommendation concerning feasibility of TMA formation. A 10 percent local match (up to $3,000) from the sponsoring juris- diction is required. Implementation Model - Formative /operations Stage $225,000 over three years' Formative/Operations Stage - $75,000 per year for three years. The Formative stage will include implementation of the business plan and financial plan, development of an implementation work plan, establishment of an appropriate dues structure, member recruitment procedures, staffing requirements, outreach, and preparation of legal documentation. The Operational stage will focus on implementation of the work plan, achievement of goals and objectives, and the provision of new and expanded services to TMA members. 2 J 6 Regional Share During the-three-year implementation cycle, regional funds would be ratcheted down according to the following proposed schedule: Year 1 - 90 percent Regional funds equals $75,000 x .9 = $67,500 Year 2 - 2/3 Regional funds equals $75,000 x .67 = $50,250 Year 3 - 1/3 Regional funds equals $75,000 x .33 = $24,750 Total $142,500 Commitment of Local Funds During the three-year implementation cycle, the commitment of local funds would be ratcheted up according to the following proposed schedule: Year 1 - 10 percent Local match equals $75,000 x .10 = $7,500 Year 2 - 1/3 Local match equals $75,000 x .33 = $24,750 Year 3 - 2/3 Local match equals $75,000 x .67 = $50,250 Total $82,500 After year 3, the implementation model assumes an ongoing commit- ment of one-third to one-half ($25,000 - $35,000) of local public funds to keep the TMA operating. This suggested phasing of activities does not preclude a proposal from skipping the exploratory stage and making application for funding under the formative/operations stage. However, the applicant must document the results of the exploratory stage identifying the following:. What did the feasibility study/needs analysis show; what are the common issues; what are the proposed solutions; what is the level of commitment from the business surveys; who is the primary sponsor; and-does the formation of a TMA in this area have potential for -reducing STMT and helping implement the 2040 Growth Concept? Issues for the MTIP/STIP Process Approval of the implementation strategy outlined in Exhibit A provides for the following specific issues to be decided in the MTIP/STIP approval process:- 3 At an average cost of $35,000 each, how many proposals for conducting feasibility/needs analysis should be approved? Assuming the requirements under the Exploratory stage have been satisfied, how many regionally funded three-year implementation programs (formative/operations stage) @ $142,500 each should be approved? As part of the MTIP/STIP solicitation process, local governments will be asked to submit candidate TMAs. The TDM Subcommittee will evaluate the candidate TMAs and forward a recommendation for a MTIP/STIP TMA funding package for TPAC/JPACT/Metro Council consideration. The package will include recommended pots of money for both TMA feasibility (Exploratory) and implementation (Formative/Operational) stages. The idea is that the pots of money would be identified, and follow-up work through the TDM Subcommittee would recommend funding for actual TMAs. As mentioned, decisions on the TMAs' proposals to be funded would be made through MTIP/STIP amendments. The amendment process is recommended since substantial work remains to identify and test potential TMAs for regional funding. Again, Tri-Met has agreed to administer the program, including any FTA grants, on.-.e the TMAs have been approved for funding. RL:1mk 98-2676.RES 7-24-98 4 DECEIVED 7 AUG 16 1999 STAFF REPORT RAMIS CREW CORRIGAN CONSIDERATION OF.RESO'LUTION NO. 98-2676 FOR THE C~FLI.P ESTABLISHING A POLICY BASIS AND FUNDING STRATEG S AA TRANSPORTATION MANAGEMENT ASSOCIATIONS (TMAs) FOR THE MTIP/STIP DEVELOPMENT PROCESS Date: July 20, 1998 Presented by: Andrew Cotugno PROPOSED ACTION This resolution and Exhibit A establish a policy basis and three year-phased funding strategy for review and implementation of Transportation Management Association (TMA) proposals for the upcoming MTIP/STIP development process. The policy basis recog- nizes three stages of development and places primary emphasis on the initial :stage (Exploratory) which focuses on conducting a feasibility study/needs assessment to identify common issues and levels of commitment and financial support. In addition, the resolution establishes preliminary screening criteria for reviewing TMA proposals and developing a short list for further consideration and evaluation in the MTIP/STIP process. The resolution addresses the policy and programmatic issues of how many TMAs should the region fund; where should TMAs be imple- mented; and on what basis should regional funds be allocated? The resolution also recognizes the need for Metro to amend the RTP to incorporate-the recommended policy basis for TMAs; places general administrative oversight for the regional TMA program with Tri-Met; and places the responsibility for the initial review and ranking of TMA proposals with the TPAC Transportation Demand Management Subcommittee. Tri-Met, in conjunction with the TPAC TDM Subcommittee, will develop and forward its recommendation through the TPAC/JPACT/Metro Council approval process. TPAC and JPACT have reviewed this Transportation Management Association policy and funding strategy and recommend approval of Resolution No. 98-2676. FACTUAL BACKGROUND AND ANALYSIS Transportation Management Associations (TMAs) are nonprofit coa- litions of local businesses and/or public agencies dedicated to reducing traffic congestion and pollution and improving commuting options for their employees. In this role, TMAs have become an important institutional option for implementing transportation demand management (TDM) strategies, particularly those designed to increase the use of alternative modes of travel. A number of TMA studies and surveys' at the national and local level have been conducted in recent years to document the Ferguson, Erik and Diane Davidson, ATransportation Management Associations,@ in Transportation Ouarterly, Volume 49, Number 1, Winter 1995 pp 45-60. specific operating characteristics of TMAs and to identify activities. and performance criteria that constitute a successful .model*:. K.6y`findings from these studies show the following general trends. TMA Mission TMAs differ among themselves in terms of mission or orientation. Some TMAs focus more on community leadership and advocacy to influence policy decisions. Others are more service-oriented and actively solicit and/or implement rideshare matching, shuttle services, vanpooling and guaranteed ride-home programs. TMA Demographics TMAs typically are formed in three different geographical set- tings including downtown areas, suburban activity centers, and other special areas such as corridors, recreational centers and employment/industrial locations. Downtown areas enjoy a high potential for public/private partnerships because employment normally includes s-4_rinificant representation from both public and private organizations. Suburban activity centers, although smaller than traditional Central Business Districts (CBDs), are characterized by rapid growth and, because they are usually less well served by alterna- tive modes of transportation, have the potential to benefit from TMA formation. TMAs in "other" areas are generally broader in scope and may cover multiple areas. Regardless of the geographical setting, most TMAs are formed for one of three main reasons: To respond to existing transportation-related needs. To mitigate anticipated traffic created by new and future development. To centralize and coordinate the TDM efforts of individual .employers. TMA Development TMAs normally pass through three major stages of development prior to attaining organizational stability. These stages include the exploratory, formative and operational. The exploratory stage is usually characterized by identification of the market area, potential clients, data collection and analysis, problem definition and consensus building in order to form a constituency of interests in solving an identified problem or issue. A feasibility study/needs assessment provides the focus of this. stage, the final products of which are a business and financial plan. IMI mill The formative stage implements the business and financial plans and includes start-up costs for beginning operation, preparation of legal documents; establishment of dues structure, member recruitment, staff hiring and development of a work plan. The operational stage focuses on implementation of the work plan, achievement of goals and objectives, and the provision of new and expanded services to TMA members. TMA Membership At the national level, membership in TMAs increased from an average of 26 member companies in 1991 to an average of 46 in 1993. The trend shows that as TMAs mature and reach stability, membership tends to increase. Funding Mix In 1991, the average TMA derived 44 percent of its revenue from private sources, including 21 percent from membership dues. In 1993, the average TMA reported that 53 percent of its revenue came from private sources including 47 percent- from membership dues. Larger TMAs tend to rely less on membership dues and more on grant revenues. Twenty percent of large TMAs surveyed with annual budgets over $300,000 received no dues at all. TMA Dues Structure Dues generally fall into one of three categories. Dues for employers are normally assessed on a per employee basis. Dues for developers are assessed on a square footage basis. Dues for public agencies are often assessed on a flat rate or fee simple basis. The survey found that employer dues vary widely from $.50 to $18 per employee per year. Developer dues average less than $.10 per square foot of buildable or leasable space per year. TMA Provision of Services The studies identified four separate roles for TMAs: 1. Provide employee transportation services, commuter information and assistance. 2. Advocate within the urban transportation planning process. 3. Provide sponsorship or funding for special studies. 4. Provide private management assistance to public sector organizations. The total number of services offered by individual TMAs vary more as a function of age and organizational stability than by geo- graphic location. In addition, the provision of services are classified as either "soft" or "hard" approaches. Soft 3 Mfffiffffi~ approaches are typically composed of information services and promotional efforts. Hard approaches usually involve delivery of actual transportation services, financial incentives for alterna- tive modes or disincentives to driving alone. As expected, soft strategies based on information services and promotional efforts are the most prevalent among TMAs. A list of potential TMA services made available to member organizations include--the following: advocacy rideshare promotion at employer sites periodical publications and other printed materials vanpool formation assistance ridematching services trip-reduction plan preparation development/processing of employee surveys guaranteed ride-home programs training programs for employee transportation coordinators parking management programs/assistance on-site transit pass sales shuttle services vanpool subsidy programs TMAs with larger budgets generally offer the most complete range of integrated services, including vanpool services, rideshare matching, trip-reduction planning, employee surveys, parking management, guaranteed ride-home programs, training, shuttle services and advocacy. TMAs with smaller budgets concentrate more on information-based programs such as advocacy, promotions, publishing and distribution of literature, and rideshare matching. TMA Budgets The TMA studies found that the provision of hard services requires an annual budget of approximately $75,000 whereas TMAs with less than $75,000 do not have the financial strength to implement effective, integrated services and therefore rely more on-soft services. TMA Staffing Levels All TMAs studied with budgets in the $50,000-75,000 range have a one staff person. The mean staff size for all TMAs is 1.7 persons. TMAs typically contract out services or hire part-time employees to make up for reduced budgets. Types of services contracted out include accounting, legal services, transit/ y shuttle operations, grant writing, and newsletter design and 3 mailing. 4 TMA Management/Organizational Structure Most TMAs with budgets over $50,000 are managed by an Executive Director and a Board of Directors. Legal counsel is retained as needed. None of the TMAs surveyed have a staff attorney. The. typical TMA board meets five or six times per year. TMA Evaluation Over half (53%) of the TMAs surveyed in 1993 did not evaluate their effectiveness. Geographic scope and budget size are not factors in.determining whether an evaluation had been performed. Survey results indicated that older Th1As are more likely to cor)duct an evaluation. Before and after evaluations were found to be almost non-existent, even though this type of information is needed to test explicitly for behavioral changes induced by TMiA activities. Most TMA evaluations continue to focus on member satisfaction with services offered rather than actual utilization of alternatives to single occupant commuting including the potential for reducing VMT and improving air quality. TMA Success The primary elements that characterize 'a successful TMAZ include: 1) a well-defined problem established through a feasibility study/needs assessment process; 2) identified strategies and sufficient resources; 3) private and public sector support; 4) sufficient target market of employers and employees; .and 5). existing legal or regulatory transportation requirements. The worst model for a TMA is shown to be a diverse mix of businesses, large in geographical extent, with no common interests or transportation issues. Portland Experience The Portland region currently has three operating Transportation Management Associations (TMAs). They are located in the Lloyd District (Lloyd District TMA), City of Beaverton (Westside Trans- portation Alliance TMA), and the City of Tualatin (Tualatin TMA) Although the operating and funding characteristics of each are different, they share the same primary goals of helping member companies design transportation programs to relieve congestion, promote alternative modes, and meet the requirements of the b State's Transportation Planning Rule (TPR).and DEQ's Employee Commute. Options. rule. J' I = Commuter Transportation Services, Inc., TMA Handbook, page 15. 5 Lloyd District TMA Executive Director: Rick Williams Current Annual Budget: $90,000 FTE: 1.25 between two people (Executive Director and staff assistant) Start-up - $250,000 of CMAQ funds administered by the City of Portland. The purpose was to fund the TMA to assist with implementation and ongoing support for ECO employers in the Lloyd District. Tri-Met contributed $35,000 in FY 97/98. The Lloyd District TMA includes 28 employers and 3,144 employees who take part in Tri-Met's annual transit pass program. Although the CMAQ funds ended in June 1998, Tri-Met is considering some level of funding next fiscal year. The Lloyd TMA Board of Directors established a future goal of 2.5 FTE and a desired annual budget of $225,000. The TMA is moving toward becoming an "Assessment District" as.the preferred source of long-term funding rather than dues. The Lloyd TMA has a requirement that one-third of all money raised must come from the private sector. The Lloyd District TMA collected approximately $6,000 in dues from member companies last year. Dues are voluntary and average approximately $50 per company per year. The informal agreement is that companies over 25 employees pay $2.00 per employee per year. For example, Kaiser with 500 employees pays $1,000 per year. Other future revenue sources include $75,000 per year from parking meter revenues and commissions on Pass Port sales. Last year, the TMA received about $5,000 for their commission share of sales. Westside Transportation Alliance (TMA) Executive Director: TBD Annual Budget: Approximately.$100,000-125,000. However, the TMA currently operates on approximately 80 percent of this amount. FTE: 1.5 - 1.75 (Executive Director and one or two quarter-time assistants) Start-up - $250,000 of CMAQ funds administered by the City of Beaverton. The purpose was to fund the TMA to assist with imple- mentation and ongoing support for ECO employers in the Beaverton area. Only $93,000 of the initial CMAQ funds have been expended by the TMA. The remaining funds were returned to DEQ when the TMA opted to establish itself independent of the City of Beaver-ton. According to the previous Executive Director, there are currently 134 member companies in the TMA. In addition, the TMA can poten- tially represent one-third of the ECO effected employers (500 6 F a companies) and one-half of the employees (200,000 people). Dues are based on.$10 per FTE. Tualatin Transportation Management Association (TMA) Program Manager: Dan Kaempff Annual Budget: $90,000 FTE: 1.0 Start-up - The TMA was initially provided $60,000 from Tri-Met as seed money to begin operation of the TMA for member employers. The TMA has received $40,000 from Tri-Met this year and Tri-Met indicates they will provide $20,000 next year to help keep the TMA operating. JPACT, at their May meeting, recommended allocation of $40,000 for the TMA to be divided between second-year operation ($20,000) and to establish a vanpool program ($20,000). There are currently 13 member companies representing approximately 1,400 employees. Dues are currently $20 per employee per year. Future plans call for an additional half-time staff assistant (0.5 FTE) and an annual operating budget of $200,000. This level of funding would continue the shuttle service, purchase an addi- tional bus, and provide for much needed public education and outreach material/programs. Transit Choices for Livability (TCL) .Tri-Met's TCL project, which outlines a 10 year community transit plan to better link neighborhoods with regional activity centers, identified 25 potential locations where TMA development would facilitate implementation of the TCL plan. JPACT/Metro Council Recommendation Exhibit A to the resolution establishes a regional policy frame- work and phased funding strategy for reviewing TMA proposals in conjunction with the MTIP/STIP development process. The recom- mendation establishes the scope, administrative responsibility, budget and regional funding share for implementing TMAs in the Portland region. 7 1 ~ Contract No. SA990263LS TRI-COUNTY METROPOLITAN TRANSPORTATION DISTRICT OF OREGON GOODS AND SERVICES CONTRACT FOR TRANSPORTATION MANAGEMENT SERVICES This contract is by and between Tri-County Metropolitan Transportation District of Oregon ("Tri-Met") and Columbia Corridor Association ("Contractor"). 1. Term Unless terminated sooner under the provisions of this contract, the term of this contract shall be September 1, 1999 through August 31, 2,000, with option for two additional one year terms if mutually agreed upon no later than March I of each contract year. 2. Federal Requirements This contract is funded in part under a financial assistance agreement between Tri-Met and the U.S. Department of Transportation, Federal Transit Administration ("FTA"). This contract is subject to all provisions prescribed for third party contracts by that financial assistance agreement, including, but not necessarily limited to, the provisions in Exhibit A, which is attached to, and made a part of, this contract. 3. Scope of Services The Contractor shall provide transportation services as described in Exhibit B, the terms of which are incorporated into and made a part of this Contract. 4. Invoices Tri-Met shall pay Contractor, upon the submission of proper invoices, the prices stipulated in this contract for services delivered and accepted. Tri-Met shall pay the Contnictor within thirty (30) days of the receipt of a proper invoice. Notwithstanding any additional requirements of this contract, invoices shall contain the contract number, the date supplies were delivered or services were furnished; a detailed description of the supplies or services; and a price breakdown showing contract prices and units. All invoices shall be submitted quarterly to Tri-Met's Finance Department as follows: Tri-Met Finance Department Attn: Accounts Payable 4012 S.E. 17th Avenue Portland, OR 97202 Failure to strictly comply with this provision may result in a delay in payment. 3 5. Type of Contract and Compensation This is a firm fixed price contract for the services specified in the Scope of Services. Tri-Met agrees to pay Contractor a maximum of $ for those services provided pursuant to this contract. Compensation will be paid in quarterly increments based on the deliverable schedule included in Exhibit R. Compensation for the option years under this contract will be negotiated at the time the option is agreed upon based in part upon the budget available from Tri-Met. 6. Audit and Inspection of Records Tri-Met, or a duly authorized representative of Tri-Met shall, until 3 years after final payment under this contract, have access to and the right to examine any of the Contractor's directly pertinent books, documents, papers, or other records involving transactions related to this contract. The contractor agrees to include in first-tier subcontracts under this contract a clause to the effect that Tri-Met or a duly authorized representative shall, until 3 years after final payment under the subcontract have access to and the right to examine any of the subcontractor's directly pertinent books, documents, papers, or other records involving transactions related to the subcontract. 7. Contractor's Status and General Responsibilities (1%99) Contractor is an independent Contractor for all purposes and is entitled to no compensation from Tri-Met other than that provided by this contract. Contractor shall inform Tri-Met of Contractor's Federal Internal Revenue Service Employer Identification Number, or, if Contractor is an individual with no employer identification number, Contractor's Social Security Number. The Contractor is not an officer, employee or agent of Tri-Met as those terms are used in ORS 30.265. Neither are the contractor's officers, employees, or agents of Tri-Met as those terms are used in ORS 30.265. The Contractor, its employees or officers shall not hold themselves out either explicitly or implicitly as officers, employees or agents of Tri-Met for any purpose whatsoever, nor are they authorized to do so. Contractor shall provide and pay for all labor, materials, equipment, utilities, and other goods or services necessary for full contract performance unless this contract specifically provides otherwise. Contractor shall supervise and direct contract performance using its best skill, and shall be responsible for selecting the means of contract performance. If, during or after the term of this contract, Contractor learns of any actual or potential defect in the goods provided under this contract, of any problem associated with the results of contract performance, or of any nonconformance with a provision of this contract or of Federal, state, or local law, Contractor shall inform Tri-Met immediately in writing with a full description of the defect, problem, or nonconformance. 8. Publici Contractor agrees to make no news release, press release, or statement to a member of the news media regarding this contract without prior written authorization from Tri-Met. c LIIIMPNI~~ =Mj 9. Indemnification (1/99) To the fullest extent permitted by law, Contractor agrees to fully indemnify, hold harmless and defend Tri-Met, its directors, officers, and employees from and against all claims, damages, losses and expenses incidental to the investigation and defense thereof, based upon or arising out of or incidental of damages or injuries to persons or property, caused by the fault or negligence in whole or in part of contractor, its agents, contractors, sub-contractors, or employees from the performance of the work. 10. Assienment and Subcontracting Tri-Met recognizes that contractor will be subcontracting a portion of its responsibilities under this contract. Contractor shall request and Tri-Met shall not unreasonably withhold written approval of the subcoutractors to be utilized under this contract. Contractor shall include in each subcontract any provisions necessary to make all of the provisions of this contract fully effective. Contractor shall provide all necessary plans, specifications, and instructions to its suppliers and subcontractors to enable them to properly perform their work. 11. Labor and Material Contractor shall provide and pay for all labor, materials, equipment, tools, water, heat, utilities, transportation, and other facilities and services necessary for the proper execution and completion of all contract work, all at no cost to Tri-Met other than the compensation provided in this contract. 12. Termination for Convenience(1/99) The Contracting Officer, by written notice, may terminate this contract, in whole or in part, when it is in Tri-Met's interest. If this contract is terminated, the rights, duties and obligations of the parties, including compensation to the Contractor, shall be in accordance with Part 49 of the Federal Acquisition Regulation in effect on the date of this contract. 13. Termination for Default If Contractor fails to perform in the manner called for in this contract, or if Contractor fails to comply with any other provisions of the contract, Tri-Met may terminate this contract for default. Termination shall be effected by serving a notice of termination on Contractor setting forth the manner in which Contractor is in default. Contractor shall be paid the contract price only for services performed in accordance with the manner of performance set forth in this contract. If it is later determined by Tri-Met that Contractor had an excusable reason for not performing, such as a strike, fire, flood, or other event that is not the fault of, or is beyond the control of, Contractor, Tri-Met may allow Contractor to continue work, or may treat the { termination as a termination for convenience. i ~ 14. Nondiscrimination During the term of this contract, Contractor shall not discriminate against any employee or applicant for employment because of race, religion, color, sex, age, or national origin. 15. Applicable Law and Jurisdiction This contract shall be governed by Oregon law. Any suit or action arising from this contract shall be commenced and prosecuted in the courts of Multnomah County, Oregon or the U.S. District Court for the District of Oregon, in Portland, Oregon, as applicable. The parties agree to submit to the jurisdiction and venue of these courts. 16. Compliance with Laws and Regulations (1/99) Contractor shall adhere to all applicable federal, state, and local laws, regulations, executive orders and ordinances applicable to the work under this Contract. The Contractor shall comply with the clauses required in every public contract entered into in the State of Oregon as set forth in ORS 279.312, 279.314, 279.320 316.167, and 421.410, which are hereby incorporated by reference. 17. Modification This contract includes the entire agreement of the parties and supersedes any prior discussions or agreements regarding the same subject. This contract may be modified in writing by a modification that has been signed by individuals authorized to bind each of the parties contractually. 18. Mediation Should any dispute arise between the parties concerning this agreement which is not resolved by mutual agreement, it is agreed that it will be submitted to mediated negotiation prior to any party commencing litigation. In such an event, the parties to this agreement agree to participate in good faith in a non-binding mediation process. The mediator shall be selected by mutual agreement of the parties, but in the absence of such agreement each party shall select a temporary mediator and those mediators shall jointly select the permanent mediator. All costs of mediation shall be borne equally by the parties. 19. Authority The representatives signing on behalf of the parties certify that they are duly authorized by the party for which they sign to make this contract. 20. Notices and Communications (1199) All notices and other communications concerning this contract shall be written in English and shall bear the number assigned to this contract by Tri-Met. Notices and other communications may be delivered personally, by telegram, by telefax, by a-mail or by regular, certified or registered mail. n A notice to Tri-Met will be effective only if it is delivered to that person designated in writing in either a) the Notice of Award of this contract, b) the Notice to Proceed under this contract, or c) to another individual specifically designated by this contract. A notice to the Contractor shall be effective only if it is delivered to the individual who signed this contract on behalf of Contractor at the address shown with that signature, to a corporate officer if Contractor is a corporation, to a general partner if Contractor is a partnership, or to another individual designated in writing by the Contractor in the contract or in a written notice to Tri-Met. Bill 111111 21. Insurance During the term of this contract, Contractor shall purchase and maintain any insurance required by this contract. Contractor shall furnish acceptable certificates of insurance to Tri-Met within ten (10) days after award of this contract, and prior to commencement of any contract work. Contractor shall indemnify Tri-Met for any liability or damages that Tri-Met may incur due to Contractor's failure to purchase or maintain any required insurance. Contractor shall be responsible for the payment of all premiums and deductibles. Contractor shall maintain insurance of the types and in the amounts described below. 1. Commercial General Liability Insurance Contractor shall maintain commercial general liability (CGL) with a limit of not less than $1,000,000 each occurrence. 2. Business Auto Liability Insurance Contractor shall maintain business auto liability insurance with a limit of not less that $1,000,000 each accident. Such insurance shall cover liability arising out of the use of any auto (including owned, hired, and non-owned autos). 3. Workers Compensation Insurance Contractor shall maintain workers compensation and employers liability insurance as required by ORS 656. The employers liability limit shall not be less than $1,000,000 each accident for bodily injury by an accident sand $1,000,000 each employee for bodily injury by disease. Contractor shall furnish Tri-Met with a certificate(s) of insurance, executed by a duly authorized representative of each insurer showing compliance with the insurance requirements set forth above. Failure of Tri-Met to demand such certificate or other evidence of full compliance with these insurance requirements or failure of Tri-Met to identify a deficiency from evidence that is provided shall not be construed as a waiver of contractors obligation to maintain such insurance. The insurance required under this Paragraph shall: (1) Include Tri-Met and its directors, officers, representative, agents, and employees as additional insureds with respect to work or operations connected with the contract; (2) Require the insurer to give Tri-Met not less than thirty (30) days notice prior to termination or cancellation of coverage. 22. Payments by Contractor (1/99) i i Contractor shall make payment promptly, as due, to all persons supplying to Contractor labor or material for the prosecution of the work provided for in this contract. i i 23. Project Managers 7 The Contractor's designated Project Manager shall be the Contractor's representative for the administration of the contract documents and the supervision of the work. In all matters relating to the performance of the work and payment therefore, and in all situations involving actual, recommended or, proposed changes, Tri-Met shall accept commitments and instructions of the Contractor only from the Project Manager or a duly authorized representative of the Project Manager so designated in writing. After initial approval by Tri-Met, the Contmcror shall not I NINE!- change the Project Manager without the prior written approval of Tri-Met. Tri-Met shall appoint its own Project Manager for the work required by this contract. 24. Liens Prohibited Contractor shall not permit any lien or claim to be filed or prosecuted against Tri-Met on account of any labor or material furnished. 25. Hours of Labor (Personal Services) No person shall be employed to perform work under this Contract for more than 10 hours in any one day or 40 hours in any one week except in cases of nccessity, emergency or where public policy absolutely requires it. In the case of contracts for personal services as defined in ORS 279.051, employees shall be paid at least time and a half for all overtime worked in excess of 40 hours in any one week and for work performed on the legal holidays specified in OILS 279.334(a)(C)(ii) to (vii), except for individuals who are excluded under ORS 653.010 to 653.261 or under 29 U.S.C. sections 201 to 209 from receiving overtime 26. Safety (1/99) Notwithstanding any safety provisions elsewhere in this contract, and in addition to Contractor's own safety procedures, Contractor shall implement and enforce all safety requirements that are standard in the industry and/or that are required by Tri-Met's Safety Department. 27. Prohibited Interests A. No Tri-Met board member, officer, employee, or agent shall have any direct or indirect interest in this contract or its proceeds during, or within one year after, that person's tenure with Tri-Met. B. Except for unsolicited gifts of nominal value given for advertising purposes, no Tri-Met board member, officer, employee, or agent shall solicit or accept, and Contractor shall not offer or give to any Tri-Met board member, officer, employee, or agent, any gratuities, favors, or anything of monetary value in connection with this contract. C. No member of, or delegate to, the Congress of the United States shall be admitted to a share or part of this contract or to any benefit arising therefrom. 28. Severability If a provision of this contract is found by a court of competent jurisdiction to be unenforceable, the validity and enforceability of the remaining provisions shall remain unaffected. The parties shalt negotiate an equitable adjustment of this contract so that the purposes of this contract are effected. 29. Waiver and Nonwaiver A. A waiver by one party of a right to a remedy for breach of this contract by the other party shall not be deemed to waive the right to a remedy for a subsequent breach by the other party. Tri-Met's acceptance of goods or services, or payment under this contract, shall not preclude Tri-Met from recovering against Contractor or Contractor's surety for damages due to Contractor's failure to comply with this contract. III on B. The parties agree to waive the principle of contract interpretation that an ambiguity will be construed against the party that drafted the ambiguous provision. 30. Intellectual Property Contractor shall hold harmless, defend and indemnify Tri-Met, its directors, officers, employees and agents from any loss of any kind, based on a claim that the work performed, or products provided hereunder, including material(s) or any part thereof, constitutes infringement of any patent, trademark, tradename, copyright, trade secret, or other intellectual property infringement, including but not limited to claims arising out of the manufacture, sale or use of such work, products or materials. Such indemnification shall include all damages and costs incurred by Tri-Met as the result of the claim, including legal fees. 31. Inspection of Suppiies/Services Tri-Met has the right to inspect all services called for under the contract, to the extent practicable, at all times and places during the term of the contract. Tri-Met shall perform inspections in a manner that will not unduly delay the work. If any of the services do not conform with contract requirements, Tri-Met may require th Contractor to perform the services again in conformity with contract requirements, at no increase in contract amount. If the defects in services cannot be corrected by reperformance, Tri-Met may (1) require the Contractor to take necessary action to ensure that future performance conforms to contract requirements and (2) reduce the contract price to reflect the reduced value of the services performed. If the Contractor fails to promptly perform the services again or to take the necessary action to ensure future performance in conformity with contract requirements, Tri-Met may (1) by contract or otherwise, perform the services and charge to the Contractor any cost incurred by Tri-Met or (2) terminate the contract for default. 32. Paragraph Headings and Other Titles The parties agree that paragraph headings and other titles used in _-is :ontract are for convenience only, and are not to be used to interpret this contract. 33. Year 2000 Compliance - Services Contractor warrants that any computer or software components to be used to perform the services required for this contract, including components from another manufacturer, meet all criteria for Year 2000 compliance. Criteria includes, but is not limited to: every date calculation using dates or date subsets processes correctly, regardless of the year and century the date falls in; the year 2000 is processed as a leap year; there are no processing anomalies whEu calendar or processing year charges; and whenever feasible, the information necessary to obtain, store and display the day, month and four digit year are present in the date itself. Contractor may be required to furnish documentation of review and testing that insures compliance. Failure of Contractor to perform the services under the requirements of this clause shall be Contractor's sole responsibility to remedy. I I 34. Dmz and Alcohol Program Requirements Contractor must ensure that services provided under this contract which require compliance with Federal Transit Administration Drug and Alcohol Regulations do comply with the regulations. Exhibit C explains the regairements of these regulations. There are two options for Contractor to meet these requirements: 1. Utilize their own compliant Drug and Alcohol Program, or 2. Utilize a Third Party Administrator (TPA) program which will perform all the functions required under the regulations. Tri-Met can assist the contractor in finding a TPA. Tri-Met reserves the right to audit Contractor's drug and alcohol program documentation as set forth under Section 6, Audit and Inspection of Records. 35. Reoortin¢ Contractor must, at a minimum, meet all the reporting requirements under the Drug and Alcohol Regulations and the Scope of Service. Tri-Met would prefer electronic reporting, including utilization of a spreadsheet program such as Excel to consolidate reporting requirements. 36. Driver Selection Verification All contractors, or subcontractors, providing transportation services shall perform the following driver verification : A. Verification that the driver has an appropriate and valid Oregon Driver's license. B. Verification that the applicant or employee has had no more than three moving violations and/or accidents within the last three years and that the applicant or employee has had no more than two moving violations, two accidents, or a combination of more than two moving violations and/or accidents within the last twelve months. Verification consists of a three-year personal driving record check and a three-year commercial or business driving record check or a five-year combined check. C. Verification that the driver has not been convicted of any crimes against people or any drug or alcohol-related offenses. Any exceptions to this requirement must be made with the approval of Tri-Met and shall be dependent on when the felony occurred, nature of the offense, and other circumstances that assure riders will be in no jeopardy from the driver. Verification shall consist of a fingerprint criminal background check, which each driver shall be required to obtain through the Oregon State Police Records check. Tri-Met shall perform and pay for the fingerprinting for the background check, and for processing the background checks through the Oregon State Police. The driver shall be required to provide Tri-Met the results of the fingerprint criminal background check in the original, sealed envelope the driver received front the Oregon State Police. The Contractor shall not permit the driver to perform services under this contract until tha izzul.s are P!pproved by Tri-Met. Contractor agrees to provide and obtain all necessary and required documentation, information, and assistance to Tri-Met for meeting the verification requirements. Tri-Met in its sole discretion may modify this requirement at any time, which shall be effective upon written notification from Tri- Met's Contract Administrator. In the event Tri-Met changes this requirement, Tri-Met agrees to reimburse Contractor for any actual, reasonable, additional costs of making changes in the verification record process. D. Verification that the driver is physically capable of safely driving the provider's vehicles. This should be made in the form of a medical statement or other form of creditable verification. E. Assurance that vehicle drivers are reliable and able to drive safely. Drivers must maintain a courteous and polite manner in all dealings with the public and must be sensitive to the needs of people using the contracted services including people with disabilities, people of all sexual orientations, cultural and racial minorities, older persons, children, and persons with major illnesses and/or who are medically fragile. F. Verification that drivers are trained to use any special equipment installed on their vehicles including but not limited to wheelchair lifts, use and securement of mobility devices, child car seat use and securement, and two-way radios. Verification shall consist of records maintained for all drivers that training has been received. G. Verification that drivers will be familiar with the geographic area in which they will be providing service. 37• Certificate of Coll pliance with Orion Tax La i By executing this contract, Contractor certifies under penalty of perjury that Contractor is, to the best of contractors knowledge, not in violation of any Oregon tax law: imposed by ORS chapters 118, 314, 316, 317, 318, 320, 321 and 323 and Sections 10 to 20, Chapter 533, Oregon Laws 1981, as amended by Chapter 16, Oregon Laws 1982 (first special session); the elderly rental assistance program under ORS 310.630 to 310.706; and local taxes administered by the Oregon Department of Revenue under ORS 305.620, (1997 c.170 s.16] COLUMBIA CORRIDOR TRI-COUNTY METROPOLITAN ASSOCIATION TRANSPORTATION DISTRICT OF OREGON By: By: (signature) (signature) Name: Title: Address: Telephone: By: Lurae Stuart Federal Employer ID Number: Procurement Department State of Oregon Certified D/W/M/ESB Firm:_ # I 1011MIE elm E1111111MM1111 M111111=111132mi Exhibit B- Scope of Services The Columbia Corridor will provide a shared-ride taxi shuttle demonstration service beginning September 7, 1999. The shared-ride taxi program will be designed to: (1) provide a cost and time efficient transit service to employees wishing to connect with established transit services (both Tri-Met and C-Tran); and, (2) help guide the process of determining the appropriate types and levels of transit service to this area and other similar areas in the Columbia Corridor area. Basic Service Parameters: A. Service Areas: The shared-ride taxi shuttle service will provide curb to curb service within a designated service area to and from two designated pick- up/drop-off points. ° Designated service area: two commercial areas, one to the east of 82"d and one to the west of 82"d, both are north of Columbia Blvd and south of Alderwood Road. Also, employers located on either side of Alderwood Road, from 82"d Avenue to Cornfoot Road will also be served. Designated pick-up/drop-off points: (1) Tri-Met's Gateway Transit Center, Multnomah and N.E. 99th Avenue, and, (2) the N.E. or N.W. comer of 82nd Avenue and Sandy Blvd. B. Service Flours (Monday-Friday): The CCA agrees to provide some form of service weekdays at the following times: • 5:30-8:30a. m. • Noon-1 p.m. • 2:30-4:30p. m. • 4:30-5:30p. m. • 7:30-10:30p. m C. Scheduling/dispatching: The CCA will provide (either directly or through contract) any and all dispatching and scheduling for this service. Major Deliverables • September 7, 1999 Shuttle Start Date • December 1, 1999 - Monthly Ridership Counts for September 1999 - November 1999 • March 1, 2000 - Monthly Ridership Counts for December 1999 - February 2000 • June 1, 2000 - Monthly Ridership Counts for March 2000 - May 2000 • September 1, 2000 - Monthly Ridership Counts for June 2000 - August 2000 Agenda Item Rfc. Se§ Meeting of d ~s~11 ~i q CITY OF TI®ARD Community Development ShapingA Better Community MEMORANDUM CITY OF TIGARD TO: City Council / FROM: Nadine Smith, Long Range Planning Manager1 DATE: August 13, 1999 SUBJECT: Walnut Island Annexation Update Tigard staff has been working with Washington County staff to gather information and coordinate an approach to annexing the Walnut Island. ' We have hired an intern to assist us in preparing a report that provides information on financial and service impacts. That intern is also developing some public information brochures that we can distribute to area residents. We are planning on having two public workshops in October at Fowler Middle School. The first one, on October 4th will be to give the public an opportunity to discuss annexation issues with staff people from Washington County, Tigard and USA. The second workshop on October 25th will be to answer any questions brought up as a result of the first workshop and to give the public a second opportunity to discuss issues associated with annexation. We would then be, ready to have public hearings on annexation by the end of the year. AGENDA ITEM # a FOR AGENDA OF August 24, 1999 CITY OF TIGARD, OREGON COUNCIL. AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Request by the City of Wilsonville to withdraw from MACC PREPARED 13Y: Elizabeth Newton DEPT HEAD OK _ CITY MGR OK ISSUE BEFORE THE COUNCIL Consideration of the City of Wilsonville's request to withdraw from MACC. STAFF RECOMMENDATION Approve the attached resolution which, if approved, will consent to the City of Wilsonville's request to withdraw from MACC. INFORMATION SUMMARY At the study session on August 10, 1999 staff briefed the City Council on the City of Wilsonville's request to withdraw from MACC. There were no concerns expressed by Council regarding this request. The Metropolitan Area Communications Commission (MACC) is recommending that its member jurisdictions take action to allow the City of Wilsonville to leave MACC membership. Enclosed is a copy of MACC Resolution #99-04, recommending this action. On June 7, 1999, the City of Wilsonville passed a resolution #1556 (copy enclosed) which formally requested that the remaining MACC jurisdictions consent to their withdrawal from MACC, to be effective July 1, 1999. In their resolution, the City states their reason for leaving is that they have "...the resources and staff capability to effectively monitor and enforce its franchise agreement with its cable provider." The MACC Intergovernmental Cooperation Agreement (IGA), does not allow jurisdictions to unilaterally leave MACC without first obtaining the consent of the remaining members. Therefore, the City of Tigard, and the other thirteen MACC members, must all pass the enclosed resolution in order for Wilsonville to withdraw. The MACC Board has determined that Wilsonville's withdrawal from MACC, would not adversely affect the other member jurisdictions, and would be in the public interest to allow jurisdictions to continue to move forward to address the important issues facing the Commission and its members." MACC administration/regulation of the TCI franchise agreement for the remaining MACC jurisdictions will not be negatively affected by this change. OTHER ALTERNATIVES CONSIDERED No action by City Council would prohibit Wilsonville from withdrawing from MACC. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY Not applicable. FISCAL NOTES Wilsonville's withdrawal from MACC would have no financial impact on Tigard. i:uw~uprn~oe~2s9.aa ' w AGENDA ITEM 0 FOR AGENDA OF CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Intergovernmental Agreement between the Ci of Tim and the Ci of Kin Ci PREPARED BY: Robert Poskin DEPT HEAD OK O TY MGR OK ISSUE BEFORE THE COUNCIL Should the City enter into an intergovernmental agreement with King City wherein Tigard shall issue permits, perform building, mechanical, plumbing and electrical plan review and inspections on behalf of King City? STAFF RECOMMENDATION Approve the intergovernmental agreement. INFORMATION SUMMARY The City of Tigard has been providing building, mechanical, plumbing inspection and plan review services to King City since 1980. During this period, Washington County had been providing King City with electrical inspection and plan review services. On July 1, 1999, King City was granted the assumption of the electrical inspection and plan review program by the State of Oregon Building Division, from Washington County. The City of King City has requested that the City of Tigard include the electrical inspection and plan review program in their current agreement with us. This agreement would increase our ability to provide convenient, all-around building services to the City of King City. It would be mutually beneficial to both jurisdictions to have a one-stop center for all building permits and inspections. OTHER ALTERNATIVES CONSIDERED Not enter into the intergovernmental agreement, leaving the current agreement in effect, and have Washington County continue providing electrical inspection and plan review services to King City. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY N/A FISCAL NOTES Tigard will receive all fees from permits issued in the King City jur=isdiction. Fees collected from these permits will cover any expenses needed to support this program. COU A1PJ L )OAdI E EXHIBIT "A" Agreement for Building Services THIS AGREEMENT is made and entered into this 41 day of August, 1999, by and between the City of Tigard ("Tigard") and a municipal corporation of the State of Oregon, and the City of King City ("City of King City"), and a municipal corporation of the State of Oregon. WHEREAS, Tigard has by its Ordinance No. 99-04 adopted as part of its building code the following state specialty codes, and for the purpose of this agreement, shall mean "Building Code"; (1) The State of Oregon Structural Specialty Code 1997 Edition, including appendix chapter A33, to include recognized standards listed in part IV of chapter 35, 1997 Oregon Structural Specialty Code, adopted by the state of Oregon Building Codes Division effective October 1, 1998, as authorized by ORS 455.010 through 455.895; (2) The Oregon State Electrical Code, 1996 edition, as adopted by the State of Oregon Building Codes Division, effective October 1, 1996, as authorized by ORS 479.730 and ORS 479.470; (3) State of Oregon Mechanical Specialty Code, 1994 Edition, adopted by the State of Oregon Building Codes Division, effective April 1, 1996, as authorized by ORS455.010 through 455.895; (4) State of Oregon Plumbing Specialty Code, 1994 Edition, adopted by the State of Oregon Building Codes division, effective April 1, 1996, as authorized by ORS 455.020 (2); (5) State of Oregon One and Two Family Dwelling Code 1995 Edition, including appendix chapters "D" and "E", adopted by the State of Oregon Building Codes Division, effective April 1, 1996, as authorized by ORS 455.310, 455.450, 455.610-690 and 455.895; and; WHEREAS, King City has by its Building Code Ordinance likewise adopted as its Building Code the same provisions, amendments and inclusions; and WHEREAS, Tigard has employed trained and certified personnel to administer the above codes and standards in accordance with their provisions; and WHEREAS, the fees and rates for munk ipal services rendered in connection with administration of said Building Code as set forth in Tigard's Ordinance No. 99-04, and any subsequent fee increases as set out in ORS 455.21.0(3)(a) that may be adopted by resolution by the City of Tigard are comparable to the fees and charges for similar services to be rendered by ~7 King City, and King City desires to contract with Tigard for administration of its Building Code by Tigard personnel as hereinafter set forth, and Tigard is willing to undertake the obligations thereof. NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL PROMISES AND COVENANTS HEREIN CONTAINED IT IS MUTUALLY AGREED AS FOLLOWS: 1. Tigard will furnish competent personnel required to perform the following services in accordance with and in respect to the administration of the Building Code Ordinance of King City: B. Provide necessary forms and instructions for completion thereof required for building permits and other applications for work to be performed under the terms of said Building Code. C. Accept applications approved by King City at the office of the City of Tigard for building permits and other permits pursuant to said Building Code during all normal business hours on working days and receive from the applicant in each instance the fees prescribed by the King City Schedule of Fees and Penalties Resolution. D. Check plans and specifications submitted with said application for permits for compliance with the standards prescribed by said Building Code. E. Issue building permits as and when appropriate to do so in compliance with said Building Code of King City. F. Inspect construction as it progresses under each permit to ascertain compliance with the Building Code and the specifications upon which the permit was based. G. Issue orders pursuant to the Building Code to require compliance therewith. H. Furnish to the Recorder of King City reports on non-compliance and stop-work orders and other orders which may be issued to require compliance with the King City Building code. 1. Issue such other and further permits, including occupancy permits, as may be consistent with said Code upon completion of work in compliance with the requirements thereof. J. Upon notification that a dangerous building may exist, take appropriate action to determine the validity of the complaint, notify King City of any violation for abatement under the King City Building Code Ordinance. 2. King City and Tigard further agree that: 1. In consideration of the foregoing services, fees prescribed in the Oregon Structural Specialty Code, Mechanical Specialty Code, Plumbing Specialty Code, and the Oregon One and Two Family Dwelling Code, as adopted by the King City Building Code and all amounts paid thereunder shall be paid to the City of Tigard on behalf of King City and in lieu thereof, and Tigard does hereby agree to accept same in full payment of all services to be performed pursuant to the terms of this contract. 2. Tigard does not hereby become authorized nor bound to perform any policing or enforcement services with respect to violations of King City Ordinance including the Building Code, except as herein expressly stated, and all violations shall be reported to and attended by King City Officers. 3. Tigard agrees to furnish to King City upon request and at convenient intervals a statement of all permits and the amounts collected therefor, issued by the City of Tigard and showing all revenues derived by the City of Tigard hereunder. 4. King City does hereby agree that all applicants for permits required by the Building Code shall be required to apply at King City, City Hall, for review and approval of land use regulations of King City, and shall forward to Tigard, the approved applications, and Tigard under the provisions hereof, shall operate as the lawful agent and representative of King City with respect to the checking of plans, issuance of permits, inspection services, etc., as herein required, and the City of Tigard is hereby authorized to act in the premises to the same legal intent and purpose as if King City was administering the provisions of its Building Code Ordinance by its own personnel, except as hereinafter set forth. 5. The City of Tigard shall cause to have its liability insurance coverage with respect to its activities in behalf of King City as co-insured with respect to responsibilities or liabilities for claims of non-feasance, malfeasance, or misfeasance which may arise by reason of the conduct of activities herein under licensed by the City of Tigard in behalf of King City, and, to the extent of such insurance coverage, the City of Tigard agrees hereby to save, hold harmless, and indemnify King City therefrom. A copy of insurance certificate or evidence of such coverage shall be furnished to the City Recorder of King City It is the intent of the parties that the contract shall continue until June 30, 2000, and shall be renewed automatically thereafter from year to year so long as neither party gives to the other written notice to terminate the said arrangement. This contract may be terminated at any time by such notice on the part of King City; provided that Tigard shall give King City not less than thirty (30) days' notice of its intent to cancel or withdraw from the arrangement herein described. It is the intent and purpose of the parties hereunder to be bound hereby to the extent that they may be lawfully assent in accordance with Chapter 190 Oregon Revised Statutes, and each of the parties shall be bound hereby only to the extent that they lawfully assent to the terms hereof. IN WITNESS WHEREOF, the CITY OF TIGARD has caused this agreement to be executed by its Mayor and Recorder pursuant to resolution of its Council duly passed at a regular meeting thereof on the 23aa day of (jazop 4 1999, and the CITY OF KING CITY has caused this agreement to be executed by its Mayor and Recorder pursuant to action of its Council duly passed at a meeting thereof on the ~ day of~ 1999. C"TIGARD CITY OF KING CITY By By yMayor By n City Recorder City Recorder By of D WYV 7 City Attorney City Attorney I inj milli 1 111 MEMORANDUM CITY OF TIGAID, OREGON TO: Jim Hendryx FROM: Robert Poskin, C.B.O. Senior Plans Examiner Community Development - Building Division DATE: August 5, 1999 SUBJECT: King City IGA for Building Services Jim: Please have both copies of the document enclosed signed. Return one copy to Jane at King City, Retain one for our records. Hap will be in contact with Washington County for the transfer of outstanding permits. Bob P AGENDA ITEM # FOR AGENDA OF -August 24, 1999 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE _ Amendment to Scope of Services, Willamette River Water Supply System PREPARED BY: Mike Miller DEPT HEAD OK k CITY MGR OK ISSUE BEFORE THE COUNCIL Shall the Local Contract Review approve the Amendment to Scope of Services for the Willamette River Water Supply System. STAFF RECOMMENDATION Approve the Amended Scope of Services contract with Murray Smith and Associates for the Willamette River Water Supply System. INFORMATION SUMMARY In April 1999, Council selected the Willamette River Water Supply Option as its source to supply the water needs of the Tigard Water Service Area. Since that time, Citizens for Safe Water successfully placed an initiative petition on the September 21, 1999, ballot. In order to keep the project proceeding and on schedule, we identified specific tasks that are time critical or which may he potential "red flags" for the project. These items are: permitting strategy development; Threatened, Endangered and Sensitive (T,E and S) Species review; and continued project management. One of the most critical components of the entire Willamette River Water Supply Option is the Corps of Engineers Section 404 permit. The Corps 404 permit can have a significant impact upon the project schedule and is the most involved and time consuming process for the permit for the construction of a new river intake and raw water pump station. In order to receive a Corps 404 permit, a Biological Assessment may be required. The Biological Assessment would evaluate the potential effects of the project on any species listed under the Endangered Species Act and will recommend a finding or determination of effect on those species. OTHER ALTERNATIVES CONSIDERED Do not award amended scope of services contract to Murray Smith and Associates. Do not award amended scope of services contract to Murray Smith and Associates and advertise for an RFP. VISION TASK FORCE GOAL AND ACTION COMMTTEE STRATEGY This proposal is consistent with the Urban and Public Services goal for water to develop plans for surface water production and supply. It also continues the process of developing a consortium of neighboring jurisdictions to develop a regional drinking water treatment plant for Willamette River water. FISCAL NOTES Estimated budget for this proposal is to not exceed $24,000. Funding for this project will come from 57-6270- 755.550. t\C ry de\aadot MAW JUL-20-1999 TUE 0925 API FAX NO. P. 02 11urr~hP~sloc 131AMMSaid IM N Pofiwor%M 972H FIK►NLSAW-9019 • M MM July 20,1999 Mr. Ed Wegner Director of Public Works City of Tigard 13125 SW Hall Blvd. Tigard, OR 97223 Re: Revised Scope and Budget, Amendment No. 1, Willamette River Water Supply System Dear Ed: Per your request, we have prepared the following modifications to the scope and budget for the proposed Amendment No. I for the Willamette River Water Supply System which we submitted to you on May 26,1999. We understand that the City desires to proceed at this time with Tasks A-1, A-2, A-3, A-7, and A-10. A revised Exhibit C is attached which reflects this approacb. We have adjusted the fee for Task A-1, Project Management and Meetings, proportionally to the work wesired at this time. We have reviewed the previously submitted scope of work and have no changes to the items to be undertaken at this time. If you have any questions or need any further information, please do not hesitate to call me. Sincerely, MURRAY, SMITH & ASSOCIATES, INC. r Philip 11. Smith, P.E. President PHS:ramk Enclosures MEN 11,111 JUL-20-1999 TUE 0926 AM FAX NO. P. 03 EMBEIT C REVISED BUDGET SUMMARY Qn0M) FOR AMENDMENT NO. 1 WILLAMETTE RIVER WATER SUPPLY SYSTEM CITY OF TIGARD The following are estimated fee budgets for the tasks included under Amendment No. 1. The combined budgeted amount of aH ta-ks will not be exewded without prior authorization of the City. 7A.TECEWCAL SUPPIORT r -1 - Projact Mane ement and Meetings 6,000 e1 Z - Design Topographic Surveys of Transmission pipeline 108,000 Route 3 -Route Evaluations for Surveying $ 8,000 Task A-7 - Pemnitting Strategy Development 9,500 Task A-10 - Threatened, Endangered and Sensitive (T, E and S) $ 8,500 Species Reviow SUBTOTAL - A.. TECHNICAL SUPPORT S 140,000 TOTAL, NOT TO EXCEED AMOUNT S 140,000 umal'systbdk1~u35wll9ama~e:uppiyiencnctnent 1(5-99~ex4ib~eo-had~etwmm(nw?7-]9.99).tloe 7119199 EXHIBIT'A SCOPE OF WORT{ FOR AMENDMENT NO. 1 WILLAMETTE RIVER WATER SUPPLY SYSTEM CITY OF TIGARD A. TECHNICAL SUPPORT The following tasks are proposed to be undertaken and completed in the near term to keep the project proceeding and on schedule. These tasks include only those that are time critical and/or those which may determine if there are any project "red flags". Engineering, environmental permitting, and financial tasks proposed to be accomplished are as follows: Task A-1 - Project Management and Meetings Task A-2 - Design Topographic Surveys of Transmission Pipeline Route Task A-3 - Route Evaluations for Surveying Task A-4 - Valuation of City of Tigard 10 MG Reservoir and SW Gaarde St. Pipeline Task A-5 - Engineering Support for Water Treatment Plant Site Acquisition Task A-6 - Public Information Program Support Task A-7 - Permitting Strategy Development Task A-8 - Conceptual Wetlands Mapping Task A-9 - Initiation of Biological Assessment for River Intake Task A-10 - Threatened, Endangered and Sensitive (T, E and S) Species Review Task A-11 - Transmission Main Preliminary Design Detailed descriptions of each task follow: Task A-1 - Project Management and Meetings Work under this task includes in-house reviews and task coordination, quality control, coordination with subconsultants, City and project participant staffs, and other agencies, preparation of monthly progress reports, tracking of project costs, updating of project schedules and preparation for and attendance at various project related meetings not identified otherwise in other work tasks. Under this task, the Engineer will also assist the participant staffs to prepare and make presentations and attend meetings regarding the project. These presentations and meetings are anticipated to be with the staffs and Councils or governing bodies of participants. It is anticipated that the Engineer will prepare for such meetings by r.\bd\tigard\willamette supplyAamendmcnt 1(5-99)\scopc.doc 05/26/99 Page 1 preparation of graphics, handouts and other project information. The Engineer will attend up to 5 such meetings. Task A-2 - Design Topographic Surveys of Transmission Pipeline Route Under this task, design topographic surveys will be performed on the transmission pipeline route between the water treatment plant site in the City of Wilsonville and the end of the pipeline in City of Tigard at Highway 99W near Canterbury Lane. The detailed scope of work for this task is as follows: Basis of Bearings and Coordinates - The bearings and coordinates for the project will be on the basis of the Oregon Coordinate System, North Zone. The 1991 Washington County Geodetic Control Network, which is on the Oregon Coordinate System, will be used for the project survey control. This control network uses the WGS84 Geod model which has a precision of 1:50,000. There are seven Washington County control points within close proximity to the pipeline route. Basis of Elevations - The project datum will be the NGVD 1929 datum. Existing Washington County, City of Tigard, and MOT benchmarks will be utilized for project control. Project Survey Control - The initial survey work will involve the setting of approximately 20 new geodetic control points along the route at approximately 2,000 foot spacing. The points will be placed in easily accessible areas, safe from the future construction work. The positions for the new control points will be established by global positioning system (GPS) static methods with precision in the 1:30,000 to 1:50,000 range. Bench marks along the route will also be tied to the survey control in order to determine the elevations of the control points. All subsequent surveying will be conducted from the new control points. Detailed Surveys - Individual route topographic surveys will be completed along the pipeline route between the new control points. Each individual survey will be rotated and corrected between the control points. All individual route surveys will be at a precision greater than 1:10,000. The detailed survey work will be conducted using conventional on-the-ground surveying methods with the following equipment: theodolite and data collector and GPS-RTK (real time kinematic using Trimble 4800 GPS system). The surveys will include all surface features including utility features, street features, and topographical features encountered along the specified route and the specified survey limits. The surveyor will arrange for underground utility locating through "One-Call" and will survey those marked utilities. No additional subsurface utility locating measures such as excavation or other techniques will be utilized for establishing more precise utility locations at this time. fAbd\tigard\wi11amette suppiy\amendment 1(5-99)\scope.doe 05/26/99 Page 2 IMINIM Mapping - All mapping of the survey work will be completed using AutoCAD (RI 4) at 1-inch = 20 foot scale. Work maps will include approximately 4,000 foot long segments in each individual file to be completed as part of this work effort. The mapping will include all field shots for topographic features, property corners found, utilities, details for culvert and manhole depths and directions, nut elevations on water and gas valves, and resolution of right-of-way lines. Route Description - The route and the survey limits are described as follows: Water treatment plant site - Tie this survey and control into previous property and topographic survey performed on plant site. Rotate previous survey to new control. Industrial Way from treatment plant site to Wilsonville Road - Survey 50-foot wide strip. Wilsonville Road between Industrial Way and Kinsman Road - Survey full width from right-of-way to right-of-way. Kinsman Road from Wilsonville Road to Barber Street - Survey full width from right- of-way to right-of-way. From intersection of Kinsman Road and Barber Street north - Survey a 50-foot wide strip centered on the property lines of this open, farm land area, northerly to the intersection of the Burlington Northern railroad approximately 1,000 feet north of Boeckman Road. From that point, continue the survey of a 50-foot wide strip southwesterly of and paralleling the railroad right-of-way to a point south of the projected centerline of Garden Acres Road. Near the northwesterly end of this route segment, there is heavy trees and brush. In this area, a 25-foot wide strip will be surveyed tying significant trees and topographic features. Northerly along Garden Acres Road. Grahams Ferry Road, SW 108`h Avenue, SW 104th Avenue, Avery Street, SW Teton Avenue, to the northerly end of Jurgens Road - Survey full width from right-of-way to right-of-way: i From the end of SW Jergens Road, crossing the Tualatin River through Cook Park to the intersection of SW 92nd and SW Waverly Drive - Survey a 50-foot wide strip ' centered on the property lines or on one side or the other of the property lines. Perform hydrographic surveys of the Tualatin River. Survey a 50-foot wide strip through Cook Park. From the intersection of SW 92"d and Waverly Drive northerly to the end of proiect - Survey full width from right-of-way to right-of-way. fAbd\tigard\willamcttc supplylamcndmcnt 10-99yscope.doc 05/26/99 Page 1 Deliverables: Survey records and survey mapping in electronic and paper format. Task A-3 - Route Evaluations for Surveying Under this task, engineering evaluations as to the preferred location of the pipeline within certain sections of the pipeline corridor will be performed. Work under this task is intended to refine pipeline routing through areas requiring closer evaluation. These evaluations will be based upon land ownerships, property line locations, construction obstacles, potential additional permitting requirements, possible wetlands impacts and other factors. This work will be performed in conjunction with the design surveys along the route with the goal of minimizing the future need for additional route changes and the need for additional surveying work. Deliverables: A technical memorandum documenting the route evaluation and describing the recommended route modifications. Task A-4 - Valuation of City of Tigard 10 MG Reservoir and SW Gaarde St. Pipeline Under this task, the Engineer will perform a valuation analysis of the City's existing 10 MG reservoir and the 36-inch diameter Gaarde St. pipeline between the reservoir and Highway 99W, both of which are anticipated to be incorporated into the Willamette River Water Supply System. The system will acquire the use or ownership of these two facilities. The valuation of these facilities is needed to complete the financial arrangements between the participants in the system. The work will include an appraisal of the reservoir land and an engineering valuation of the reservoir structure, the pipeline and related water system appurtenances. The facilities valuation is assumed to utilize the depreciated replacement value method for depreciable assets. Deliverables: A technical memorandum will be prepared summarizing the results of the land and facilities valuation. + Task A-5 - Engineering Support for Water Treatment Plant Site Acquisition I Under this task, the Engineer will provide engineering suppert as necessary for the acquisition of and participant ownership agreement for the real property for the water treatment plant site and other potential real property acquisitions related thereto such as for site access or for easements. This work could include property surveys, property legal descriptions, and other property related engineering work. A budget of $7,500 is suggested for this task at this time. As further scope details are confirmed, this budget can be adjusted accordingly. fAbd\tigard\willamette supply\amendment 1(5-99)lscope.doc 05/26/99 Page 4 M 1 111,10,11 111 1 Task A-b - Public Information Program Support Under this task, the Engineer will assist as requested with support for the public information program for the project. A more detailed scope of this work cannot be defined at this time. A budget of $7,500 is suggested for this task at this time. As further scope details are confirmed, this budget can be adjusted accordingly. Task A-7 - Permitting Strategy Development Under this task, a strategy will be developed for Corps of Engineers Section 404 permitting of the entire project. This is a critical project component that can have a significant impact on the project schedule. This task will include preliminary discussions with agency representatives as needed, development of a project permitting strategy, identification of the desired sequence for obtaining permits and a permitting schedule. Deliverables: A written or verbal report developing the Corps of Engineers Section 404 permitting strategy for the project. Task A-8 - Conceptual Wetlands Mapping Under this task, conceptual mapping of wetlands and stream/river crossing for the selected alignment corridor will be completed by the Engineer. The information will be developed through field surveys at three known sensitive locations as follows: 1) area north of Kinsman Road and south of southerly extension of Garden Acres Road, 2) SW Teton Road in the vicinity of Hedges Creek, and 3) the crossing of the Tualatin River easterly of SW Jurgens Road. The information will be conceptually mapped on a USGS base map for use in determining the extent of wetlands present within the alignment. This information will be used to adjust the transmission alignment and surveying and mapping work as appropriate in order to minimize wetland impacts to the extent feasible. This task does not include wetland delineation, which is a substantially more detailed effort that should occur after the precise final pipeline alignment within the corridor is determined. n Deliverables: Conceptual wetlands mapping on USGS or other appropriate base map. Task A-9 - Initiation of Biological Assessment for River Intake ' Under this task, technical data will be developed that will be used to determine project impacts on fish resources within the Willamette River at the river intake site. This work will include research and data collection on fish species present within the project impact area. Information collected for this task will be used by the Corps of Engineers during Endangered Species Act (ESA) consultation with the National fAbd\tigard\willamcttc supply\amcndment 1(5-99)\scopc.doe 05/26/99 Page 5 Marine Fisheries Service (NMFS). The information can also be used for development of a final biological assessment if, through the consultation process, it is determined that such an assessment is required. This task does not include field work. It includes a review and summary of available data on fish resources that are applicable to the river intake area. Deliverable: A technical memorandum summarizing the technical data obtained. Task A-10 - Threatened, Endangered and Sensitive (T, E and S) Species Review Under this task, the Engineer will conduct a literature review and field verification for species habitat requirements if necessary for T, E and S species. This task will include review of agency documentation for Federal or State identified species that may be of concern within the project impact area (river intake, water treatment plant site, and transmission pipeline corridor.) Deliverable: A technical memorandum summarizing the results of the review. Task A-11 - Transmission Main Preliminary Design Under this task, the Engineer will proceed with the preliminary engineering of the transmission pipeline between the water treatment plant site in the City of Wilsonville and the end of the pipeline in the City of Tigard at Highway 99W near Canterbury Lane. The survey data obtained under Task A-2 will be utilized to develop detailed base mapping for use in the further design of the transmission main. The detailed scope of work for this task is as follows: Utility Mapping - Obtain current mapping of underground facilities from each of the utilities located within the project area. Topographic Mapping - Utilizing the survey data developed under Task A-2, prepare topographic mapping in approximate 4,000 foot long segments at a scale of 1" = 20 feet. The mapping will include the following information: a Survey control information including horizontal control basis and vertical control basis ® Survey control points and benchmarks e Found property corners, t/ section and section corners, donation land claim corners, Oregon Department of Transportation (ODOT), County or City roadway monuments, or other existing monuments Street features including curbs, gutters and gutter line, driveways and aprons, railroad tracks, sidewalks, signs or posts, guard rails. edge of pavement, edge of (;\bd\tigard\willamcttc supply\amendmcnt 1(5-99)',scope.duc 05/26/99 Page 6 - 111111 IN Mimi gravel or shoulder, bike paths, light and power poles, signals, signal controllers, and signal loops, street lights, street striping, and other similar features • Topographical features including fences, brush or hedges, edge of water bodies, top of bank or toe of slope, ditch or stream centerline, trees larger than 6-inch caliper, buildings, retaining walls, grade breaks, mail boxes, wells or bore holes, power poles, power transmission towers, and any other aboveground features significant to the project. • Existing utilities and related facilities will be shown. These include water mains, water valves, vaults and other water system facilities, gas mains, gas valves, and other gas system facilities, storm sewer facilities including culverts, storm drains, inlets, catch basins, manholes, treatment facilities, and outfalls, electric power facilities including vaults, poles, substations, and underground conduits, duct banks and cables, telephone facilities including vaults, poles, exchanges, and underground conduits and duct banks, fiber optic system facilities including vaults and underground conduits and cables, cable television facilities, and sanitary sewer facilities including mains, service laterals, cleanouts and manholes. Underground utilities will be shown based upon surveyed information based on "One-Call" underground locates and on as-built drawings from the utilities. Apparent discrepancies between data sources will be noted for future subsurface utility engineering (SUE) efforts to resolve conflicts. No excavation or other field work other than field inspection will be conducted under this task. • Ground contours at intervals appropriate to the existing land topography and river and stream crossings. • Approximate locations of property lines, right of way lines and easement lines. • Street names • Legend and abbreviations Deliverables: Topographic and utility mapping of the proposed transmission pipeline route. The work will be completed in strip maps representing approximately 4,000 feet per map. B. GOVERNANCE AND INSTITUTIONAL DEVELOPMENT SUPPORT The following tasks are proposed to be undertaken and completed in the near term to keep the project proceeding and on schedule. These tasks are included to provide support to the project in the areas of governance and institutional development. The proposed tasks are as follows: Task B-1 - Intergovernmental Agreement Development Technical Support Task B-2 - Property and Facility Acquisition Agreements Support Task B-3 - Cost Sharing Agreement Development Support Task B-4 - Project Financing Technical Support Task B-5 - Willamette Water Supply Agency Support f:\bd\tigard\willamctte supply\amcndmcnt 10-99psscopc.doc 05/26/99 Page 7 samp-A r Task B-6 - Regulatory Agency Coordination Detailed descriptions of each task follow: Task B-1 - Intergovernmental Agreement Development Technical Support Under this task, the Engineer will provide support to the development of intergovernmental agreements between participants for the project. The scope of this work cannot be fully defined at this time. A budget of $3,500 is suggested for this task at this time. As further scope details are confirmed, this budget can be adjusted accordingly. Task B-3 - Property and Facility Acquisition Agreements Support Under this task, the Engineer will provide support to the development of agreements for acquisition of property and facilities of the City of Tigard by the System. The scope of this work cannot be fully defined. A budget of $2,000 is suggested for this task at this time. As further scope details are confirmed, this budget can be adjusted accordingly. Task B-3 - Cost Sharing Agreement Development Support Under this task, the Engineer will provide support to the development of or revision to cost sharing agreements for the project. The scope of this work cannot be fully defined. A budget of $4,000 is suggested for this task at this time. As further scope details are confirmed, this budget can be adjusted accordingly. Task B-4 - Project Financing Technic,.! Support Under this task, the Engineer will provide support to participants including their managers, finance directors, bond counsel, legal counsel and others in developing the project funding program. The scope of this work cannot be fully defined. A budget of $2,500 is suggested for this task at this time. As further scope details are confirmed, this budget can be adjusted accordingly. Task B-5 - Willamette Water Supply Agency Support The Engineer will provide engineering support to the Willamette Water Supply Agency as such services are desired. These services may include engineering support to the Agency and its legal counsel in the development of intergovernmental agreements between the project participants as necessary to accomplish the project. No budget is assigned to this task. If the project participants and the Agency E\bd\tigard\willamcttcsupplv\amendmcnt 1(5-99)\scopc.doc 05/26/99 Page 8 MIRMNIM MMIN 111011 pool . f. determine that this work is of benefit to the project, a detailed scope and budget will be established for this work. Task B-6 - Regulatory Agency Coordination Under this task, the Engineer will provide support for regulatory agency coordination outside of specific permitting applications. This work will consist primarily of coordination meetings with regulatory agencies including the Corps of Engineers, the National Marine Fisheries Service, the Division of State Lands, and the Oregon Department of Fish and Wildlife. A budget of $5,000 is suggested for this task at this time. As further scope details are confirmed, this budget can be adjusted accordingly. fAhd\tigard\willamettc supply\amcndment 1(5-99)\scopc.doc 05/26/99 Page 9 EXHIBIT C BUDGET SUMMARY FOR AMENDMENT NO. 1 WILLAMETTE RIVER WATER SUPPLY SYSTEM CITY OF TIGARD The following are estimated fee budgets for the tasks included under Amendment No. 1. The combined budgeted amount of all tasks will not be exceeded without prior authorization of the City. A. TECHNICAL SUPPORT Task A-1 - Project Management and Meetings $ 12,000 Task A-2 - Design Topographic Surveys of Transmission Pipeline $ 108,000 Route Task A-3 Route Evaluations for Surveying $ 8,000 Task A-4 - Valuation of City of Tigard 10 MG Reservoir and SW $ 7,500 Gaarde St. Pipeline Task A-5 - Engineering Support for Water Treatment Plant Site 7,500 Acquisition Task A-6 - Public Information Program Support $ 7,500 Task A-7 - Permitting Strategy Development $ 9,500 Task A-8 - Conceptual Wetlands Mapping $ 9,000 Task A-9 - Initiation of Biological Assessment for River Intake $ 8,500 Task A-10 - Threatened, Endangered and Sensitive (T, E and S) $ 8,500 Species Review Task A-11 - Transmission Main Preliminary Design $ 95,000 SUBTOTAL -A. TECHNICAL SUPPORT $ 281,000 B. GOVERNANCE AND INSTITUTIONAL DEVELOPMENT SUPPORT Task B-1 - Intergovernmental Agreement Development Technical $ 3,500 Support Task B-2 - Property and Facility Acquisition Agreements Support $ 2,000 + Task B-3 - Cost Sharing Agreement Development Support $ 4,000 Task B-4 - Project Financing Technical Support $ 2,500 Task B-5 - Willamette Water Supply Agency Support $ Task B-6 - Regulatory Agency Coordination $ 5,000 SUBTOTAL - B. GOVERNANCE AND INSTITUTIONAL $ 17.000 DEVELOPMENT SUPPORT TOTAL NOT TO EXCEED AMOUNT IS 298.000 \\msI\sys\bd\dgard\wiIIamette suppI\mmendment I(5-991\cxhihitc-hudgctsLill uu do, O5i26/99 AGENDA ITEM # C FOR AGENDA OF 8-24-99 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Award Contract for the SW Bonita Road and I-5 Water Main Casing Modifications PREPARED BY: Mike Miller DEPT HEAD OK CITY MGR OK ISSUE BEFORE THE COUNCIL Shall the Local Contract Review Board award the contract to modify the SW Bonita Road and I-5 Water Main Casing STAFF RECOMMENDATION Award the contract to the low bidder, DaNeal Construction Incorporated. INFORMATION SUMMARY In early spring 1999, Oregon Department of Transportation (ODOT) requested that the City pothole its existing 36-inch steel casing and 24-inch water main from our connection with the City of Lake Oswego at SW Bonita Road and I-5 for their Pacific Highway at Hwy 217/Kruse Way (Unit 1) project. The ODOT project will increase the width of I-5 at Bonita Road to a point that our casing would not extend beyond the paved surface. ODOT requires that pipelines that are under paved surfaces be encased in a casing so as to protect the facility and allow repair or removal of the pipeline without cutting the paved surface. In May 1999, the City requested that this project, to modify the SW Bonita Road and I-5 Water Main Casing, be included in their bid packet. After lengthy discussions and negotiations with ODOT, ODOT agreed to include this project as part of the bid packet. However, ODOT only received one bid for the project and rejected that bid. ODOT plans to re-advertise the Pacific Highway at Highway 217/Kruse Way (Unit 1) project on September 24, 1999, and a rescheduled bid opening date of October 28, 1999. Since the time that the bid for the ODOT project was rejected, City Staff have elected to complete the casing modifications under a separate contract. Having the City complete this work under a separate contract gives the City more control of not only the project, but the shut down time of our connection with Lake Oswego. This project consists of extending an existing 36-inch diameter steel casing, located under I-5, approximately 40 linear feet in order to accommodate the widening projecc. The project also includes removing and realigning approximately 134 linear feet of existing 24-inch diameter ductile iron water main, including renioving and relocating fittings, testing and disinfection and removal of existing piping. Engineer's estimate for this project is $55,500, with a not to exceed limit of $80,000. Two bids were opened and read aloud on August 10, 1999, and are as follows: 1 DaNeal Construction, Inc. $69,050 HPS Construction, Inc. $92,240 References have been checked for the low bidder, DaNeal Construction, Inc. Their references and prequalification letter indicate a good work record for the company on similar projects. DaNeal Construction is also the contractor that successfully completed the installation of the 24-inch control valve project on SW Tiedeman Street in 1998 for the City. OTHER ALTERNATIVES CONSIDERED Do not award contract and delay ODOT project VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY N/A FISCAL NO'T'ES The funding source for this project is the Water Capital Improvement Fund - Line Replacements 15-6270- 755.100. kia-\S,Maa AGENDA ITEM # FOR AGENDA OF August 24, 1999 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Award Contract for Water Distribution System Hydraulic Study PREPARED BY: Mike Miller DEPT HEAD OK -AU CITY MGR OK k44-`-- ISSUE BEFORE THE COUNCIL Shall the Local Contract Review Board award the contract for Water Distribution System Hydraulic Study STAFF RECOMMENDATION Award the contract to Murray Smith and Associates INFORMATION SUMMARY In May 1999, we advertised a Request For Proposal for a Water Distribution System Hydraulic Study. We received five proposals, one of which was rejected after the bid opening due to an incomplete proposal. The remaining four consultants are qualified and can adequately perform the study. A selection committee consisting of Mr. Dennis Kessler, PE, Environmental Services Manager with the Portland Water Bureau; Mr. Mike McKillip, PE, City Engineer for Tualatin; and Mike Miller, Utility Manager with Tigard evaluated the proposals based on the following criteria: Qualifications and experience; understanding and approach to the project; Quality and responsiveness of the work plan to address the RFP; Knowledge of issues relating to water the distribution system; project team, credentials and experience; and cost. Based on the evaluation criteria we recommend that MSA be selected as the contractor for this project. OTHER ALTERNATIVES CONSIDERED Do not complete the Water Distribution System Hydraulic Study Award the contract to CI-12M Hill VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY A component of the Water Distribution System Hydraulic Study is to review and assess the City's existing water conservation program. _ FISCAL NOTES The approved project budget is $100,000 and the Murray Smith and Associates RFP is for $86,142. This funding is available during the 1999-2000 Fiscal Year. AGENDA ITEM # 3, VJ. FOR AGENDA OF August 24, 1999 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Award Contract for Raw Water Monitoring PREPARED BY: Mike Miller DEPT HEAD OK _ CITY MGR OK _ ISSUE BEFORE THE COUNCIL Shall the Local Contract Review Board award the contract for Raw Water Monitoring of the Willamette River STAFF RECOMMENDATION Award contract to Montgomery Watson INFORMATION SUMMARY During the public forums and public hearings regarding the development of the Willamette River as a drinking water source, the City stated that it would continue the Willamette River Raw Water Monitoring Program to collect comprehensive water quality information related to public health. The collection of water samples will continue to be taken in the vicinity of the potential intake for the proposed Willamette River drinking water treatment plant in Wilsonville. This program is design to monitor water quality parameters consistent with current drinking water standards; monitor constituents on EPA's current Candidate Contaminant list; monitor known Willamette Basin contaminants, including herbicides and pesticides identified by the USGS and widely used organophosphates currently under regulatory review by EPA; monitor for organic compounds which have been described as "endocrine disrupters"; build upon Willamette River monitoring completed by others (TVWD and Wilsonville); and perform two additional rounds of organic sampling. The purpose of the later is to allow the collection of "quarterly" samples on a precise 3-month interval and still have the ability to catch first-flush and spring runoff conditions. In addition this program contains elements to support a City-led review panel to review data and sampling protocols; additional training for City samplers; annual maintenance inspection of equipment used and project i management to encompass all tasks. a Given the recent political climate and upcoming political decisions that need to be made, we need additional flexibility in our program. We have requested information from Montgomery Watson on how this can be arranged. After reviewing the material, we are recommending a initial six (6) month contract followed by a a month to month "pay-as-you-go" approach. The first six months of monitoring would cost $58,885. The monthly charges for months seven through twelve would average $6,340, for a total cost of $97,000 if we elect to continue the program for the entire year. The City can elect to discontinue the monitoring program at any time after the first six months. NEED OTHER ALTERNATIVES CONSIDERED Do not renew contract with Montgomery Watson VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY This is part of Goal #I under Water to actively participate in regional development of water sources. FISCAL NOTES Total program cost for a one year period is $97,000. Funding for this project will come from 57-6270-755.550. ~a~.aa 1 07/20/99 09:30 0503 226 0023 V0NW.0M 3RY, P0R t Q001 P*8t$e Fax Note 7671 Oste 7 ► 1 VIONTGMERY WATSON TO c7171Dvt July 20, 1999 37 I Fm r (7 8 8 t 10 Fex r Mr. Ed Wegner City of Tigard 13125 SIM Hall Blvd. 4 Tigard, Or 97223 i Dear Ed: i I i You have requested information on how to make the Willamette River Raw Water Monitoring program more flexible, in order to accommodate upcoming political decisions in Tigard Instead of a standard 12-month contract with Montgomery Watson, it would be possible for Tigard to commit to 6 months of monitoring, followed by a month-by- month "pay-as-you-go" approach. This approach would have the following budget requirements: e The total cost for the 1999-2000 program is approximately $97,000, as shown in the ! draft Scope of Work deli-,,ered to the City on June 16, 1999. 4l J e The first six months of monitoring would cost $58,885. This is about 60 percent of the total annual cost. Why isn't it 50 percent, if we're only doing half a year's work, you ask? Some costs will remain fined, even if the sample period is shortened. For example, we would recommend that you still carry out the quality control improvements listed in the Scope - such as formation of the City review panel, additional training for City samplers and maintenance inspections by MW. A comprehensive semi-annual report would also be prepared if the City elected to discontinue monitoring at the six-month point. i • Monthly sample charges for the second six-month period would average about $6,340 per month. Over a six-month period, this monthly charge would complete the balance of the total annual cost shown above. The City could elect to discontinue monitoring at any month. A monitoring report would be prepared at the end of the program. I There are many variations of this more flexible approach. If you have ideas that you I prefer, please let me know. We would be happy to structure the contract for conditions that make the most sense for the City. 4 Sinc rely,, -I Lisa Oberrneyer, E. Supervising Engineer Cc: J. Work J. (Nicker I I I SW 5th Avenue TO: 5032267377 Serving the Wa.lds frrirunmrrr.ta Veee, SOP. 1770 rnx: 503 226 con Portland, Oregon 97704 MONTGOMERY WATSON June 16, 1999 Mike Miller Public Works Department City of Tigard 13125 SW Hall Blvd. Tigard, Or 97223 Dear Mike: Enclosed please find a draft Scope of Work and budget for the 1999-2000 Willamette River Raw Water Monitoring program. The total cost for the program is approximately $97,000. Last year's budget was $67,443. The cost increase for the 1999-2000 program is due to more frequent monitoring (especially for organics) and more "other activities" in support of the monitoring program. Here's a summary of the costs for the-coming year's program: • NAV labor costs to manage the monitoring program are the same for 1999 `20C0 as- they were for this past year, at about $20,000. The monitoring program is summariz,--d in Part I - Task 1 of the Scope. and is presented in more detail in Part U of the Scope. Laboratory charges per sample fot tests performed by :Montgomery Labs are about the same as they were last year. The cost of organics analysis have been increased by 10 percent from last year to account for the addition of more analytes, and because of the need to subcontract some of these procedures to specialty labs. Lab charges for AmTest are not included in this budget. • Two more rounds of organics sampling have been added, at a cost of about $ 15,950 (or $7.975 per sample). The purpose of this is to allow us to collect "quarterly" samples on a precise 3-month interval, and still have flexibility to catch first-flush and spring runoff conditions. • Additional MW labor costs of about $23,844 come from some Scope additions that we are including in order to improve the quality of the program based on the previous year's experiences. Program additions have been made based on my discussions with you and Rich, and from information provided by Ed Wegner. These new elements are: o Task 2 - MW support to a City-led review panel. Ed Wegner has stated his desire to form a permanent committee to review data and sampling protocols. • Task 3 -Training for City samplers. ■ Task 4 - Annual maintenance inspection. Mike Miller page 2 June 1b, 1999 ■ Task 5 - Project management. This task goes beyond just running the sampling program now, to encompass all of the above tasks. There are options in this Scope to reduce Montgomery Watson's level of effort, and therefore reduce the costs of the sampling program. For example, the two added rounds of organics sampling could be dropped, as could staff training and equipment maintenance. We would be happy to discuss any changes you'd like to make to the program. However, I think we've all gotten sensitized over the past year to the need to make this a first-rate sampling program. The data is important, and the interest in these .results m extremely high. We welcome any suggestions you may have to improve the program. Please give me a call with your comments or questions. I will be out of the office until June 2$1h but will be checking phone messages. Sincerely, Lisa Obermeyer, P.E. Supervising Engineer Cc: J. Work J. Glicker EXHIBIT A SCOPE OF WORK FOR THE CITY OF TIGARD WILLAMETTE RIVER RAW WATER MONITORING PLAN 1999-2000 OBJECTIVES: i To continue to collect comprehensive water quality information related to public health and water treatment on the Willamette River, in the vicinity of a potential intake for a drinking water treatment plant; o To monitor water quality parameters consistent with current drinking water standards and to build on Willamette River monitoring done by others (TVWD, Wilsonville); • To monitor constituents on EPA's current Candidate Contaminant list. These are contaminants currently under review and may be regulated in future. Only parameters for which an EPA-approved drinking water method is available will be analyzed; Y To monitor known Willamette Basin contaminants, including herbicides and pesticides identified by the USGS in the Distribution of Dissolved Pesticides and Other Water Quality Constituents in Small Streams, and their Relation to Land Use in the Willamette River Basin, 1996; and widely used organophosphates currently under regulatory review by EPA. Only parameters for which an EPA-approved drinking water method is available will be analyzed; ® To monitor for organic compounds which have been described as "endocrine- disrupting" chemicals. Only parameters for which an EPA-approved drinking water method is available will be analyzed; and • To provide rigorous quality assurance and quality control in the collection, handling, analysis and reporting of analytical results. PART I - OVERALL PROGRAM SCOPE OF WORD: Task]. RIVER MONITORING PROGRAM The Raw Water Monitoring Plan will include regularly scheduled sampling for a variety of drinking water quality parameters, microbiological contaminants, trace metals, inorganic chemicals (IOCs), volatile organic chemicals (VOCs), and synthetic organic chemicals (SOCs). The sampling program is designed to encompass Current and City of TiRard r'n t' Willamette River Raw Water Monitoring Program 1999-2000 Scope of Work anticipated federal and state monitoring requirements, in addition to defining levels of known contaminants in the Willamette Basin. The monitoring program is discussed in more detail in Part H of this Scope of Work. The overall level of effort and costs for the sampling program are summarized in the budget table, Table 1. More detail on costs for components of the sampling program is given in Part II of this Scope of Work. Task 2. PROVIDE SUPPORT FOR CITY REVIEW PANEL MW will prepare for and attend 5 meetings with a sampling program review committee, to be formed and coordinated by the City of Tigard. It is anticipated that the first meeting will be held to review the proposed sampling plan. MW will make changes to the plan based on the comments of the review committee. The review committee will also be asked to review and comment on staff training protocols, quality assurance practices, and other elements of the monitoring program which are described in this Scope of Work. Four subsequent meetings will be held to present and discuss the results of sampling during the 1999-2000 program. The City of Tigard will schedule and coordinate meetings of the review committee. This Scope of Work does not include additional laboratory charges, whether by Montgomery Labs or other contract labs, to prepare raw data reports suitable for review by outside reviewers. This information can be collected at the time of peer review as an additional scope item, if desired by the City of Tigard. The level of effort and cost for this Task is shown in the budget table, Table 1. Task 3. SAMPLE TRAINING FOR CITY OF TIGARD STAFF The City of Tigard will retain responsibility for the collection of weekly, monthly and quarterly samples, and for the maintenance of laboratory and sampling equipment. Prior to beginning the 1999-2000 sampling program, MW will conduct a training workshop with City of Tigard staff. The purpose of the training is to reinforce proper sampling protocol with current staff, and to introduce new City personnel to the procedures. Training will cover the requirements for on-site sample analysis, sample collection, sample shipping, lab data log-in procedures and record-keeping requirements. The training session will combine office meetings and field training at the sampling site. The City of Tigard will be fully responsible for following the protocol and procedures provided by MW, with the understanding that failure to follow these procedures could jeopardize the quality of the monitoring data. The level of effort and cost for this Task is shown in the budget table, Table 1. City of Tigard umr Willamette River Raw Water Monitoring Program 1999-2000 Scope of Work Task 4. ANNUAL MAINTENANCE CHECK MW will assist Tigard in performance of a maintenance check of field equipment and supplies at the approximate mid-point of the sampling program. This check is part of the quality control program and will ensure the accuracy of field results. The maintenance check will include calibration of the field instruments, including the pH meter and turbidimeter. The level of effort and cost for this Task is shown in the budget table, Table 1. Task 5. - PROJECT MANAGEMENT Management of all deliverables and staff involved in the project will be provided. Project management will include schedule and budget control to assure that project tasks are completed within the defined schedule and within budgeted costs. The quality of all work products will be reviewed and assured by the senior MW staff. PART II - SCOPE OF WORK, COST AND SCHEDULE FOR THE MONITORING PROGRAM Analytical Program The sampling program involves weekly sampling for the routine water quality parameters which are relevant to drinking water treatment, as well as weekly and monthly sampling for accepted physical, biological and chemical indicators of water quality. The program also includes approximately quarterly sampling for an exhaustive list of organic and inorganic chemicals; to include the parameters regulated under the Safe Drinking Water Act, EPA Candidate Contaminants, and known pesticides and herbicides in the Willamette Basin. Table 2 presents a comprehensive list of targeted contaminants. It should be noted that Table 2 represents the sampling goal, however only contaminants for which an EPA-approved drinking water method exists will be analyzed. New methods are continually being developed, and contaminants will be added to the program, as methods become available. Approved drinking water methods exist for the vast majority of the parameters listed in Table 2. Viable methods have not yet been developed for microbial contaminants on the EPA Contaminant Candidate list, and as a result, they will not be sampled. Acrylamide and epichlorohydrin will not be sampled; both contaminants are regulated by treatment technology rather than measurable limit. Organotins and RDX (explosives) will also not be measured in this program due to poor methods, although EPA is in the process of developing viable methods for these contaminants. City of Tigard - Willamette River Rats, Water Monitoring Program 1999-2000 Scope of Work Jim The weekly, monthly, and quarterly schedules of analyses and costs are presented in Tables 2, 3, and 4. Weekly Sampling A total of eleven analyses will be conducted on a weekly basis for common physical, chemical and biological indicators of water quality. These weekly indicators will include pH, turbidity, temperature, alkalinity, hardness, total organic carbon, dissolved organic carbon, UV254 absorbance, total and fecal coliform bacteria, and heterotrophic plate count bacteria. Analyses and costs are summarized in Table 3. Monthly Sampling Four samples will be analyzed on a monthly basis for inorganic, aesthetic and biological indicators of water quality. These monthly samples include ammonia nitrogen. Giardia and Cryptosporidium, and samples for flavor (odor) profile analysis. Analyses and costs are summarized in Table 4. Quarterly Sampling Quarterly samples will be collected and analyzed for a comprehensive list of inorganic and organic parameters. The inorganic analyses will include metals, as well as bromide, nitrate-nitrogen, fluoride, and radionuclides (gross alphal'beta emitters only). The organic analyses will include volatile and synthetic organic chemicals, industrial chemicals, pesticides, and herbicides. The quarterly samples will include the complete list of organic chemicals as described in Table 2. Sampling will be conducted on a quarterly basis to gather data from two low flow and two high flow periods per year. The first quarterly sampling event is proposed in August at a time when low-flow conditions are expected. The second quarterly sample will be scheduled for fall, before the fall rains begin. High flow quarterly samples will be conducted in winter and spring when precipitation and river flow is high. Two additional comprehensive, "quarterly" samples will target periods when increased i levels of organic chemicals may be present in the River. The first of these event samples will coincide with the "first-flush" of fall rains washing soil and particles into the River. i The second sampling event will occur in late spring, coinciding with the pesticide and herbicide application season. The purpose of these samples is to collect information on the presence of organic chemicals in the River at a time when they are most likely to be 3 present. For the "first-flush" sampling event it will be necessary to identify a sufficient precipitation event and delayed sampling time to collect samples accurately corresponding to the event. As a guideline, the first 2 inches of rainfall in a 24-hour City of Tigard nNlt Willamette River Rain Witter monitoring Program 1999-2000 Scope of Work period will constitute a sufficient "flushing" storm in the fall. Based on previous monitoring experience, a delay of 2 days is proposed to collect water quality corresponding to the storm event. Analyses and costs are shown in Table 5. ]Laboratories. The analyses discussed above will be performed off-site. Only three water quality parameters will be performed on-site: pH, turbidity, and temperature. pH and temperature will be affected by sample transport and storage time and must be done on- site. Turbidity measurements are relatively straightforward and are also best conducted on-site. Giardia and Cryptosporidium analyses and quarterly analyses will be conducted by Montgomery Watson Laboratories and subcontracted specialized laboratories to analyze the targeted contaminants. Required City of Tigard Support for Analytical Program Labor and direct costs will be required to perform sampling in support of the monitoring program. Tigard will continue to assume responsibility for routine sampling, and for purchase of a limited amount of sampling equipment and supplies. The estimated labor requirements to perform sampling are estimated to require an average of 4, hours per week. Additional time will be required for monthly, semi-annual, and storm sampling. Costs of maintaining the sampling trailer, the intake line, pump, and all miscellaneous charges associated with the facilities will be paid directly by the City of Tigard. Participation in training, annual maintenance review, mid-point program review and any extra effort required under a peer review of the program will also be provided by the City as needed. Montgomery Watson Program Management Labor and direct costs will be incurred to manage the sampling program, to assure the quality of the data and to provide interpretation of results. MW will receive results from on-site analyses, and from the contract laboratories. MW will input the raw data into a spreadsheet. The MW Project Engineer will verify the accuracy of the data entry and will maintain all project data files. The MW Project Engineer will assume responsibility for maintaining project schedule, resolving laboratory and sampling problems and for making modifications to the sampling program based on results. The MW Project Engineer will review and identify abnormalities or absences in data collection and analysis. Montgomery Watson Reporting MW will prepare three quarterly reports, summarizing the most recent sampling results and results to date. Results will be presented in a spreadsheet format with less than five Croy of Tigard pnc~ Willamette River Raw Water Monitoring Program 1999-2000 Scope of Work pages of text accompanying the data. Twenty copies of the quarterly report will be provided to the City. MW will prepare a comprehensive annual report to summarize and interpret collected data, and will distribute the report to the City of Tigard. The annual report will be a bound document, with data tables, figures and illustrations as appropriate. The year's water quality sampling results will be presented and discussed. MW will provide twenty bound copies of the report to the City of Tigard, along with a camera-ready copy of the report for additional printing by the City. Additional copies can be provided if the City desires, as an additional Scope item. QUALITY CONTROL PLAN: The purpose of this plan is to ensure implementation of a sampling program that will meet the program objectives, to provide proper measurement of water quality parameters throughout the duration of the program, to provide error-free data management and presentation, and to provide careful review of results. Water Quality Parameters Turbidity. Analyses will be performed using Standard Method 2130 (18th Edition). The benchtop unit will be calibrated prior to weekly sampling using prepared primary standards. Secondary standards will be used as necessary to verify calibration of the turbidimeter. All glassware used for turbidity measurement will be cleaned and handled using lint-free tissues to prevent scratching. pH. Analyses for pH will be performed according to Standard Method 4500-H+ (18th Edition). A two-point calibration of the pH meter will be performed prior to weekly sampling using certified pH buffers. Temperature. Measurement will be performed using a standard laboratory thermometer, reading in degrees Centigrade. The thermometer will be placed in a 250-mL beaker receiving continuously running water from the influent sample tap. The thermometer will be allowed to equilibrate for five minutes before the temperature is recorded. i Off-Site Analyses. An off-site laboratory will be contracted to perform several analyses. Samples for the laboratory will be labeled, logged, and handled according to procedures established by the contracted laboratory. Samples will be collected, preserved and stored 3 in accordance with the method, and will be delivered to the laboratory within 24 hours of sample collection. City of'Tigard Paf!(. n Willamette River Raw Crater Monitoring Program 1999-2000 Scope of Work Some analyses including metals, some inorganics and organic chemicals may need to be sent to specialized laboratories. As much analytical work as possible will be contracted with local laboratories in order to reduce costs. Data Management A database will be set up in Microsoft Excel spreadsheets. Data from on-site analyses will be recorded in a laboratory research-type notebook, with the ability to produce carbon copies of each page. The Tigard analyst will record sampling information and results in the research notebook. Carbon copies will be forwarded and checked by the MW Project Engineer. Other data, including analytical results from the laboratory will be received by the MW Project Engineer. After acceptance by the Project Engineer, data sheets will be forwarded to the MW secretary for entry into the database. The secretary will input the original data and print out a hard copy for review by the Project Engineer. The Project Engineer will review each spreadsheet data point against the original laboratory or notebook report and will note any changes on the printout. The secretary will perform the changes, print out a final hard copy, and verify that the correct changes were made. Data will be expdrted directly from the database into commercial graphics or statistical software packages for presentation, analysis and reporting. SCHEDULE: The sampling program described in this memorandum is proposed for a period of 12 months. At the end of the 1999-2000 program, the data will be assessed and the sampling program will be revised for the conduct of a subsequent twelve-month sampling program, if desired. On receiving Notice-to-Proceed from the City, MW will prepare a detailed sampling schedule for weekly, monthly and quarterly sampling. The goal of the sampling schedule will be to collect samples at regular intervals (i.e. every seven days for weekly, every 30 days for monthly, every 3 months. for quarterly samples). The City of Tigard will be responsible for adherence to the sampling schedule. COST: Analytical costs for weekly, monthly and quarterly samples have been summarized in Tables 3, 4,and 5. Total program costs including MW labor and expenses are summarized in the budget table, Table 1. City of Tigard - n~rc,r , Willamette River Raw Water Monitoring Program 1999-2000 Scope of Work TABLE 1 CITY pIF TIC'A ,~*E 13 G TOTAL ^pr and Direct o t COST - -total c PERBO~--- Gosts i in- A - AdM_ T Hours ~ i _ _ Lisa 1 ! 932 ? $73'072 TASY, A~ Deanne Giickev $20,1 0 $5 0 $11,062 . ` TASK~___ l ObermeYer ti 206 $1j,062 $1,875 r~ork t 24 12 108 0 $1,875 , ` j $1.875 60 8 $ 110 24 16 0 ` 20 1875 _ $0 $9,032 60 t 0 20 I Manitorir prprlp 4 p , _ - - $9,032 committee-. i 16 4 +1 ` 92 $96,916 _ - . $52,932 -r' Review - 4__ 8 Sa pie Treening 12 3A ^ Y ' 24 W,g84 1 8 . - amtenance ____:4 446 + Q.0 ~Annuel M 44 oj Mana9ement y r 116 36 tPrec 5.0 1 - - --259 i ; 7 P~ aECT TABLE2 WILLAMETTE RIVER RAW WATER MONITORING PLAN TARGETED CONTAMINANTS study o Dissolved es r, es 5uapecfed Endocrine ERA Secondary Drinking EPA Primary Drinking Water Standards Water Standards Supplemental Measurements EPA Candidate Contaminant List a in the Willamette River Basin, 1896° Disruptors Contaminants organics, continued Aluminum (Phase If) alkalinity Contaminants Contaminants, Continued Contaminants (atrazine) (atrazine) (simazfne) Fluoride Vans•1,2•Dichtoroethylene Chloride calcium and total hardness 1,1,2,2•tetrachloroethane (sulfate) Dichioromethane Color (Color Units) total organic carton 1,2,4•tranethylbenzene Terbacil desethylatrazine (metolachlor) Volatile organics 1,2•Dichloropropane Corrosivity, Sat. Index dissolved organic carbon 1,1-dichloroethane Terbufos (samazine) (desethylatrazfne) Benzene Dinoseb (Floudde)' UV-254 Absorbance 1,1•cichloropropene Triazines 8 degradation (metolachlor) (diuron) Carbon Tetrachloride Dioxin Foaming Agents (Total Coliform) 1,2•diphenylhydrazine products (incl, but not (diuron) hexazinone Iran Fecal Coliform 1,3-dichloropropane limited to Cyanazine, and Tebulhiuron (diazinon) 1,2-Dichloroethalorobenzene ne 2,4•D Diquet Manganese HPC 1,3-dichloroproPene atrazine-desethY)I Pronamide cycloate •Di 1,1-Dichloroethoone Endothall Odor (TON) Ammonia nitrogen 2,4,6•bichlorophenol Vanadium (Prometon) desisopropylatrazines Trichloroethylene Endrin (pH) Flavor Profile Analysis 22,dichloropropane (MeMbuzin) (trbacil) 1, 1, 1•Trichloroethane Epichlorohyddnr Silver (Glardia) 44-dichlorophenol MicrobialContaminants° (Diazinon) (DCPA) Vinyl Chloride Ethylbenzene (Sulfate) Cryptosporldium 2,4•dinitrophenol Acanthameoba (guidance Triclopyr (EPIC) Ethylene dibromide Total Dissolved Solids Bromide 2,4•d'mnroioluene expected for contact lens (EPTC) (napropamide) TrCollform and ea Surface Water Glyphosate Zinc (otal 28-dinitrotoluene wearers) Ethoprop (prometon) Treatmeat ment Heptachlor TatalOrganic Halogens (TOX) 2-.ma"-Phenol Adenoviruses (2,4-D) (chloryynfos) Giardialamblia Heptachlor epoxide (VOCS) Acatochlor Aeromonashydrophtia Dichlobenils (ethoprop) Legionella Hexachlorobenzene (inorganic Chemicals) /Jaehlor ESA and other Cyanobactena (Blue-green (Terbacil) (fonotos) Standard Plate Count Hexachlorocyclopentadene EDBIDBCP degradation product of algae), other freshwater Bromacil (carbaryl) Total Celifonn Lindane (Organochlodne Pesticides) acetanilide pesticides algae, and their toxins Chlorpyrifos (carbofuran) Turbidity Methoxychlor Semivolatiles Mdrin Caliciviruses Triallates (tebuthluron) Viruses Oxamyl(Bydate) Carbamates Boron Coxsackieviruses Carbaryl (metribuzin) PAHs(benzo(a)pyrene) (Herbicides) Bromobenzene Echoviruses MCPA (pronamide) rganlca PCBs (Glyphosate) Q`CPAmono-acid degradate Helicobacter pylori Atrifluralin trifiurelin Ino ntrgan Pentachlorophenol (Dioxin) DCPAdi-acid degradate Microsporidia Dicamba (tdchlopyr) Asbest03(>10m) Phthalate (di(2•ethylhexyl)) (Endothall) DDE (Enterocytozoon 8 Septata) Oryzalin (2,4•D) Barium Picloram (Diquat) Diazinon Mycobacterium avium (Carboturan) Beryllium Simazine (Gross alpharbeta) Dielddn intracellulare (MAC) (DCPA) Cadmium Styrene isulfoton Napropamide Chromium(total) Tetrachloroethylene Diuron Insecticides Under Review (FonoloS)s Cyanide Toluene EPTC s Chlorpyrgos Propachlor Mercury(inorganic) Toxaphene Forrofos- (Diazinon) Bentazon 2,4,5-TP HeXachlorobutadiene Malathion (Malathion) Nitrate Nitrite 1,2;4 •Tdchlorobenzene pIsopropy(toluene (Terbulos) (Alachlor) Selenium 1,1,2-Tdchloroethane l.inumn Parathion Norfurazons -7 Aanganese (Dinoseb) Thallium Xylenes(total) Methyl Bromide Bromo Bnils Metoachlor ropanil Organics Lead and Capper Metribuzin k Acrylamider Lead holinate l` ry Adipate(di(2•ethyhexyl) Copper MTBE Alachlor Naphthalene Atrazine Other Interim Standards Carbofuran Beta/photon emitters iditrobenzene Chlordane Alpha emitters- Orgenotine Chlorobenzene Combined Radium 2261228 Perchlorate DalePon Arsenic prometon Dibromochloropropane Total THMs RDX Sodium o-Dichlorobenzene cis-1,2-Dichloroethylene NOTES; 1. No limits have been developed for acrylamide of epichlorohyddn. EPA Primary Drinking Water Standards ode best treatment technology applications. 2. (Contaminant) identifies a repeat parameter already listed. 3. EPA Candidate Contaminant List includes pesticides currently under EPA Organophosphate Review. 4. Viable methods have not yet been developed for measuring microbial contaminants found on the Contaminant Candidate List. 5. Contaminants listed in order of greatest USGS Study sampling frequency: Distribution of Dissolved Pesticides and Other Water Quality Constituents in Small Streams and their Relation to Land Use in the Willamette River Basin, Oregon ,1996. 6. No quantitative methods exist for the measurement at fonofos. 7. EPA is in the process of developing reliable methods for quantifying organotins and RDX. These contaminants will not be measured. 8. These compounds are awaiting EPA-approved drinking water methods. 6/16199 TON FABLE 3 WEEKLY ANALYTICAL SCHEDULE-AND COSTS Sampling Source of Cost Annual Parameter Frequency Estimate Unit Cost Cost Weekly Sampling Schedule pH weekly $0 $0 turbidity weekly $0 $0 temperature weekly - $0 $0 alkalinity weekly AmTest $5.75 $299 calcium and weekly AmTest $30.00 $1,560 total hardness total organic carbon weekly AmTest $30.00 $1,560 dissolved organic carbon weekly AmTest $35.00 $1,820 UV-254 absorbance weekly AmTest $13.00 $676 total coliform weekly AmTest $15.00, $780 fecal coliform weekly AmTest $10.00 $520 HPC weekly AmTest $10.00 $520 Weekly Analytical Schedule Subtotal $7,735 6/16/99 TABLE 4 MONTHLY ANALYTICAL SCHEDULE AND COSTS Sampling Source of Cost Annual Parameter Frequency Estimate Unit Cost Cost Monthly sampling schedule ammonia nitrogen monthly AmTest $17.00 $204 Flavor Profile Analysis monthly AmTest $120.00 $1,440 Giardia monthly MW Labs $350.00 $4,200 Cryptosporidium monthly MW Labs Incl w/ Glardla Monthly Analytical Laboratory Subtotal $5,844 Internal Coordination $420 Monthly Analytical Schedule Subtotal $6,264 TABLE 5 QUARTERLY ANALYTICAL SCHEDULE Analytical Method Analyte Group Description Contract Lab Method 507 op pesticidies MW Labs Method 525.2 semivolatile organics MW Labs Method 515.1 herbicides MW Labs Method 524.2 volatiles MW Labs Method 504.1 EDB/DBCP MW Labs Method 547 glyphosphate MW Labs Method 548.1 endothall MW Labs Method 549.1 diquat MW Labs Method 508 oc pesticides MW Labs Method 531.1 carbamates MW Labs Method 1613 dioxim MW Labs Method 632 modified diuronllinuron Northcoast Method 507 short (cyan) cyanazine MW Labs Method 614 op pesticides MW Labs Method 200.8 metals ° MW Labs Method 245.1 mercury MW Labs Method 300 bromide MW Labs Method 900 alpha/beta MW Labs Method 903 ra226 Quantarra Method 904 ra228 Quantarra Method 300 mod (perch!) perchlorate MW Labs ICR Virus culturable virus MW Labs legionella legionella Biovir Gen Mineral miscellaneous MW Labs Method 4500-CN cyanide MW Labs Gen Physical color/odor MW Labs Method 200.7 boron MW Labs Method 100.1 asbestos MW Labs Method AB 1803 Oryzalin Northcoast Method 5320 TOY, MW Labs Method 625 phenols/acids MW Labs Method SM aeromonas Biovir Cost per Quarter $7,975 s a Annual Cost (6 quarterly samples) $47,850 AGENDA ITEM # 3.5 FOR AGENDA OF _8-2499 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Approve the Purchase of the Keefer Pronert~(12770 SW Ash Avenue d an Authorize the City Manager to Sign the Necessary Documents PREPARED BY: W.A. Monahan U)01 DEPT HEAD OK CITY MGR OK Gd ISSUE BEFORE THE COUNCIL Should the Council approve the purchase of the Keefer property and authorize the City Manager to sign the necessary documents? STAFF RECOMMENDATION Approve the purchase and authorize the City Manager to sign the necessary documents. INFORMATION SUMMARY The City Attorney's office and staff has been negotiating with the owners of the Keefer property (12770 SW Ash Avenue) at the direction of the Tigard City Council. During an Executive Session meeting on July 20, 1999, the Tigard City Council gave direction to the City Attorneys' office and staff to negotiate a price on the subject property. These negotiations were completed within the parameters set by the Council. The purpose of this action tonight is for the Council to approve the purchase and to authorize the City Manager to sign the documents needed to close the transaction. Closing is scheduled for August 25, 1999. OTHER ALTERNATIVES CONSIDERED 1. Decline to purchase the property. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY n/a FISCAL NOTES Purchase Price: $158,000. I: ADWCATHYA000NCIUSUMMARY - KEEFER.DOC.DOT AGENDA ITEM # FOR AGENDA OF 8/24/96 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE CDBG Project Proposals PREPARED BY: Duane Roberts DEPT HEAD OK 1 A CITY ADMIN OK ISSUE BEFORE THE COUNCIL Should Council approve a resolution endorsing the submittal of two Community Development Block Grant (CDBG) project applications? STAFF RECOMMENDATION Approve the attached resolution authorizing submittal of the two applications. INFORMATION SUMMARY The Community Development Block Grant (CDBG) Program is a federal program that annually provides more than one million dollars to Washington County to fund activities that benefit low and moderate income persons. The county distributes the money to local jurisdictions and nonprofit agencies based on project applications submitted by sponsors. Currently, the county is accepting project proposals for the 2000-2003 CDBG funding cycle. Some months ago, staff asked citizens and other staff to identify local needs that could be met through this program. Of the many needs submitted, two were determined to be CDBG eligible: the need for sidewalks on the east side of Lincoln Avenue and the need for a public park serving the park-deficient Bonita Road apartment area. Staff recommends the city seek grant funds for projects that meet each of these eligible needs. The proposed projects include: (1) sidewalk, curb, and storm drainage improvements to one side of SW Lincoln Avenue between SW Commercial St. and SW 91st Avenue and (2) the development of a 2.5-acre neighborhood park on city-owned land located along Milton Court. Maps showing the location of each of the proposed projects are attached. Lincoln is used as a cut-through route by cars seeking to avoid the Greenburg and Pacific Highway intersection. During the previous CDBG funding cycle, a grant proposal for the installation of a sidewalk on the west side of Lincoln Avenue was picked for grant funding. The completion of a sidewalk and associated improvements on the street's east side would bring Lincoln up to full city standards. The proposed park is located within an area of three older apartment complexes and one newer complex. Many of the occupants of the older apartment complexes are seasonal or low wage workers and their families. At present, lack of playground facilities compels the children of these families to play in parking lots or in the narrow lawn area between buildings. The nearest public park or schcol playground is located approximately one mile away. The development of a nearby park would provide much-needed outdoor recreation opportunities for the marry children residing in this area. Such improvements as the construction of basketball courts, the installation of play equipment designed for both younger and older children, and the planting of trees along Milton Court and on the bare and disturbed areas near the creek would make the park a place to come and enjoy. Without such play areas and equipment, children will continue to lack opportunities for challenging, active play. Neighborhood children would be attracted to the park as a gathering place to meet social and physical needs. For children and adults alike the park would provide much-needed relief from crowded and undesirable living conditions. As an example of the latter, in the seven month period to July 1, 1999, the police were called to the largest of the apartment complexes 69 times for activities ranging from loud music to assault. During the survey conducted to ensure the area is income qualified for CDBG assistance, which was still underway as of this writing, most tenants of the apartment complexes were highly supportive of the project. The apartment buildings in question are located on both sides of Bonita Road. Bonita is classified as a major collector street, with a posted speed limit of 35 miles per hour. According to year-ago traffic counts, the volume of two-way traffic on this road was approximately 14,000 vehicles per day. To address the potentially hazardous conditions for apartment dwellers who wish to cross Bonita to reach the park, the proposed project would include the installation of a marked crosswalk and a traffic light that could be activated by a push button. According to traffic accident reports, in June 1998, a four-year-old girl was struck by a car as she attempted to cross the street in front of the largest apartment complex. The park features described above and shown in the attached drawing are preliminary and tentative. Should grant funds be awarded, the list and location of features would be refined through a public process involving local residents, the businesses located along Milton Court opposite the proposed park site, and representatives of the Operations, Community Development, and Police Departments all working with a park planning professional. Because the neighborhood is a relatively high crime area, the police department's participation in the design of the park would be of prime importance. The park project is consistent with the adopted Park System Master Plan, which identifies the need for a future park at the proposed site. The parks master plan also recommends maximizing city park dollars through the leveraging of grant funding opportunities. A letter from Partners for Affordable Housing in support this project is attached. Support letters from several other agencies and organizations are anticipated. Project proposals are due 9/3/99. OTHER ALTERNATIVES CONSIDERED Not to submit one or both applications. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY The Community Aesthetics Goal #1 calls for "Developing strategies to balance needs of new and infrll development with the need to provide protection of defined aesthetic qualities valued by those who already live and work in Tigard." FISCAL NOTES The total estimated cost of the Lincoln Avenue project, which includes sidewalk, curb, and drainage improvements, is $230,000. The amount of grant funds requested is $125,000. The balance of the funds would 1111 IN come from the city drainage fund ($56,000) and from in-kind contributions for design, administrative overhead, and construction management. The estimated cost of the park project is $410,000. This includes environmental delineation, design, and construction. It also includes the cost of the traffic signal and the value of the city-o-m.-d land. The grant amount requested is $320,000. CDBG funds would be used for construction activities and for the purchase and installation of play equipment. City funds would be used to design the project and to purchase and install the trees and traffic signal. The approval of the resolution does not financially obligate the City. Actual appropriation of funds and acceptance of a grant would require separate budget committee action. The County project selection process call for grants to be awarded for fiscal years 2000-01, 2001-02, and 2002-03. iAcitywide\sum\cdbg.sum LINCOLN AVENUE n - SIDEWALK IMPROVEMENTS rs 41 SEMACEAREA w J V July 27, 1999 Duane Roberts City of Tigard 13125 SW Hall Blvd. Tigard, OR 97223 Dear Duane: Community Partners for Affordable Housing, a community-based nonprofit housing development group based in Tigard, is delighted to hear of your proposal to apply for funds to develop a park between Milton Court and Fanno Creek. As you know, CPAH explored the purchase of a large apartment complex in that area, and one of our main concerns was the lack of open space and recreational opportunities for neighborhood residents. The proposed park would serve several apartment complexes, including Tiffany Court, which serves many large families of modest means. This type of amenity would improve the quality of life for hundreds of families in our community, and would enhance the efforts of local service providers such as the schools, police and fire departments by providing space for outdoor meetings and activities. The addition of a cross walk would enhance pedestrian safety in general, as well as improving the likelihood that residents on both sides of Bonita would utilize the park. We believe that providing recreational opportunities for youth will also contribute to a reduction in area crime. We applaud your efforts to create much-needed recreational space in the Bonita Road area. If there is anything we can do in addition to this letter offering our strong support, please do not hesitate to call. We would be happy to testify in support of the application when the Policy AdvisoryBoard meets to review funding requests. Thank you for prioritizing this park-deficient neighborhood for attention! Sincerely, l Sheila (ireenlaw-Fink Executive Director C: ommunity artners for .~.y n, ffordable , i o u s i n g , inc. P.O. Box 23206 ■ Tigard, OR 97281-3206.503/968-CPAH (2724) Engine .;,r}fit X {If` ' o :~c w A qhr- ~r/~ 1 4 3i '1 StY . MI f y r 5 1 r i aw ~s tr s K v~ VY ~ ; k r t j iql EIS fia ,i fY 5 WY fj2 ry,~y .s aY 1114'cf '~`+~-T}.,'~S ~j t - T~~ 4r}~•.ari• y.. 1: ~ ~ r .C.• - lil .1 i 1i1C.'1~uC.O 1 . th, IR y, ~`•S(ti..~MC, / ` 7' Yom' +`~r t ctl ni C^441►R r r riy;fi su pfte: y t ~y,.±cyr 9r g.:' WWI, 1: pir"'re- •~tQ+.r•.~~~ i~~''` f'fe- '-1 Bpi. y ~r'S',+rw.+ai.a;zr3~ne~w ~ !,'mill 'L~j,~~v. F3 ~{~~.~',?y 'L' Y"-. s r• s etc fl:; * / 2' u ~ 1 ~ rl •p ~ •~r-:ral.•~ e `ir: • , v ~ . i t '~~a~1 Y St T'_rA~~`t :z. ik. ,Y ~`±Ia. '.a } ,I yip!}+~~~~ ~ I ~r LA (rT ~ ~ ' {{I ear' . " ''C ~ J rM J1 , limb "limb a,. • an ~ ~ Basketball ~0u~ f. / ~ r ` N Lawn Area '~ables pica►~ : • ~ t t ~ ~ estroo~mS or + I xa: • `t r f Shelter ..~.•-,,,~-;r:~~s~ t~ tt ~<f / iJ s t Wetland , i lid 10 f t~ ; Wetland Children's ptay'i • . 1- ' ' r f f ~~N r ( IJ AGENDA ITEM # FOR AGENDA OF 8/24/99 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE MCI Metro Access Transmission Services franchise agreement PREPARED BY: C. Turner DEPT HEAD OK CITY MGR OK ISSUE BEFORE THE COUNCIL Shall the Council approve an ordinance to establish a new franchise agreement for local telephone services provided by MCI Metro Access Transmission Services, LLC. STAFF RECOMMENDATION Staff recommends approval of the franchise agreement. INFORMATION SUMMARY The City currently has a franchise agreement with MCI as a long distance service provider. MCI has branched into local phone access and is requesting a new franchise agreement for this new service. OTHER ALTERNATIVES CONSIDERED Do not approve the local phone access franchise agreement. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY N/A FISCAL NOTES Telephone franchise agreements generate General Fund revenue based on 5% of the telephone companies revenues generated within the City of Tigard. is\ciy%ridc\sum.dnt CITY OF TIGARD, OREGON ORDINANCE NO. 99--- AN ORDINANCE ESTABLISHING THE FRANCHISE OF MCI Metro Access Transmission Services, LLC, ITS SUCCESSORS AND ASSIGNS, GRANTING THE RIGHT TO PLACE, ERECT AND MAINTAIN POLES, WIRES AND OTHER APPLIANCES AND CONDUCTORS AND TO LAY UNDERGROUND WIRES FOR THE TRANSMISSION OF ELECTRICITY FOR TELECOMMUNICATION PURPOSES IN, UPON, UNDER AND OVER THE STREETS, ALLEYS, AVENUES, THOROUGHFARES AND PUBLIC HIGHWAYS OF THE CITY OF TIGARD, OREGON, AND TO CONDUCT A TELECOMMUNICATION BUSINESS WITHIN THE CITY OF TIGARD; AUTHORIZING THE MAYOR TO ENTER INTO SUCH AGREEMENT; AND REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. WHEREAS, The ten year franchise for the communication facilities and services provided by MCI Metro Access Transmission Services, LLC, described in the title of this ordinance is now before the City Council for approval. The Council believes that the franchise should be approved under the terms and conditions set forth in, Eyhibit A, attached hersto, and by this reference made a part hereof. THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1. The terms and conditions of the attached franchise agreement, Exhibit A, are hereby approved and adopted as part of this ordinance as if specifically set forth. SECTION 2. The Mayor is authorized and directed to sign the attached agreement on behalf of the Council. SECTION 3. Because of the need to have stable telephone communication and the need to have a stable revenue flow to the City from franchise fees, an emergency is declared and this ordinance shall take effect upon its passage. SECTION 4. Thu City Council determines that the fee imposed by this franchise is not a tax subject to the property tax limitations of Article Xi, Section 11 (b) of the Oregon Constitution. PASSED: By vote of all Council members present after being read by number and title only, this _ day of , 1999. Catherine Wheatley, City Recorder APPROVED: This day of , 1999. James Nicoll, Mayor Approved as to form: City Attorney i Date ORDINANCE No. 99-_ EXHIBIT "A" A franchise agreement between the City of Tigard and MCI Metro Access Transmission Services, LLC. SECTION 1. Subject to the other terms and conditions set forth in this document there is hereby granted by the City of Tigard to MCI Metro Access Transmission Services, LLC, (herein referred to as "Grantee"); its successors and assigns; subject to the development ordinances and regulations of the City, the right and privilege to conduct a telecommunications business within said City, or such other public property as may come within the jurisdiction of the City during the term of this agreement. This for the purpose of furnishing, telecommunications services as defined in State and Federal Law. This grant includes the right to erect, construct, place, replace, reconstruct, lay, maintain, and operate poles, wires, switching equipment, amplifying equipment, fixtures, facilities, appliances, structures and other devices including, but not limited to, electronic, optical and mechanical devices customarily associated with Grantee's function, and purpose of serving as a telecommunications utility. This franchise is granted solely for the privilege of providing telecommunications services as defined by State and Federal Law. This franchise does not include the right to conduct the business of providing a "cable system" as defined in applicable law. Should the Grantee desire to provide a cable system within the City, it must comply with the City's regulations relating to cable communications in force at that time. SECTION 2. It shall be lawful for Grantee to make all needful and necessary excavations in any of said streets, alleys, avenues, thoroughfares and public highways. SECTION 3. The Grantee shall file with the City Engineer or designee maps and materials showing all proposed underground construction work to include the installation of additional facilities or relocation or extension of existing facilities within any street, alley, road or other public way or place within the corporate limits of the City. The City will review the materials submitted and notify the Grantee of any City requirements. For repair work or other work not considered underground construction as stated above, the Grantee shall, if possible, notify the City of the location and general description of the work before beginning work. All work shall be done in a reasonably safe manner taking into account City standard traffic control procedures and in accordance with requirements of applicable federal laws, state laws, or City ordinances. In emergencies, such filings shall be submitted within thirty (30) days of completion of emergency construction work. SECTION 4. When any excavation shall be made pursuant to the provisions of this ordinance, the Grantee shall restore the portion of the street, alley, road, or public way or place to the same condition to which it was prior to the excavation. All such work shall be done in strict compliance with the rules, regulations, ordinances or orders which may be adopted from time to time during the continuance of this franchise by the City Council or City Engineer or as may be otherwise provided by law. The City shall have the right to fix a reasonable time within which such repairs and restoration shall be completed and upon failure of such repairs and restoration being made by grantee, City shall cause such repairs to be made at the expense of grantee. SECTION 5. The Grantee hereby agrees and covenants to indemnify, save harmless and defend the City and its officers, agents and employees from any and all damages, costs and expenses or claims of any kind whatsoever, or nature, arising from any injury to persons or property by reason of the negligent act or omission of the Grantee, its agents or employees in exercising the rights and privileges granted hereunder and by this franchise. SECTION 6. The City, by its properly constituted authorities, shall have the right to cause the grantee to move the location of any pole, underground conduit or equipment belonging to grantee whenever the relocation thereof shall be for public necessity, and the expense thereof shall be paid by the grantee. Such charges shall comply with state statutes and administrative rules. Whenever it shall be necessary for public necessity to remove any pole, underground conduit or equipment belonging to grantee or on which any wire or circuit of the grantee shall be stretched or fastened, the grantee, shall, upon written notice from the City, or its properly constituted authorities, meet with the City Engineer and agree in writing to a plan and date certain to remove such poles, underground conduit, equipment, wire or circuit, at grantee's expense, and if the grantee fails, neglects or refuses to do so, the City, by its properly constituted authorities, may remove the same at the expense of the grantee. The costs associated with the removal, relocation or extension of Grantee's facilities at the request of a private developer or development shall be borne by such private developer or development. SECTION 7. All notices and approvals required under this Agreement shall be in writing. The Grantee shall provide the City with the name, position and phone number of Grantee staff that can be contacted for administration of this Agreement and for contact with construction-related questions and comments. Such notices and approval shall be directed to the City as follows: City Engineer, City of Tigard 13125 SW Hail Blvd.. Tigard, Oregon 97223 (503) 539-4171 SECTION 8. Upon request of the City, the grantee shall provide available plans and locate any underground conduit or equipment belonging to grantee, as required for the preparation of construction drawings. SECTION 9. Whenever it becomes necessary to temporarily rearrange, remove, lower or raise the wires, cables or other plant of grantee for the passage of buildings, machinery or other objects, grantee shall temporarily rearrange, remove, lower or raise, its wires, cables or other plant as the necessities of the case require; provided, however, that the person or persons desiring to move any such buildings, machinery or other objects, shall pay the entire actual cost to grantee of changing, altering, moving, removing or replacing its wires, cables or other plan so as to permit such passage, and shall deposit in advance with grantee a sum equal to such cost as estimated by grantee and shall pay all " damages and claims of any kind whatsoever, direct or consequential, caused directly or indirectly by changing, altering, moving, removing or replacing of said wires, cables or other plant, except as may be occasioned through the sole negligence of grantee, grantee shall be given not less than ninety-six (96) hours written notice by the party desiring to move such building or other objects. Said notice shall detail the route of movement of such building or other objects over and along the streets, alleys, avenues, thoroughfares and public highways and shall bear the approval of the City. Such moving shall be with as much haste as possible and shall not be unnecessarily delayed or cause grantee unnecessary expense or waste of time. SECTION 10. In consideration of the rights and privileges hereby granted, grantee agrees to pay to the City five percent (5%) of the gross revenues derived from exchange access services, as defined in ORS 401.710 within the city limits less net uncollectibles. Such payments shall be made to the City every six months for the life of this agreement on or before March 15 for the six month period ended December 31, and September 15 for the six month period ended June 30. Such 5% payment will be accepted by the City from the Grantee also in payment of any license, privilege or occupation tax or fee for revenue or regulation, or any permit fees or similar charges for street opening, installations, construction or for any other purpose related to providing 1111111111011 Ell telecommunications services as defined in this franchise, now or hereafter to be imposed by the City upon the Grantee during the term of this franchise. The City shall have the right to change the percentage of gross revenues set forth above at any time during the life of this agreement provided it has made such notice in writing at least 180 days prior to the effective date of any change. The City shall have the right to conduct or cause to be conducted, an audit of gross revenues as defined herein. Such audits may be conducted at two year intervals beginning two years after the effective date of this agreement. The City shall conduct the audit at its own expense. Any difference of payment due either the City or Grantee through error or otherwise as agreed upon by both the City and Grantee, shall be payable within sixty (60) days after discovery of such error. SECTION 11. The rights, privileges and franchise hereby granted shall continue to be in full force for a period of ten (10) years from the date this ordinance becomes effective. It is understood and agreed that either party may terminate or renegotiate the terms of this agreement after 180 days notice in writing. This ordinance shall take effect and be in force on the day of its passage and approval. This ordinance shall be subject to any and all State or Federal laws and regulations. SECTION 12. The Granteq shall, within thirty (30) days of the effective date of this ordinance, file with the Recorder of the City its written acceptance of all the terms and conditions of the ordinance and if not so accepted by the Grantee, this ordinance shall be void. DATED this day of '1999. CITY OF TIGARD OREGON, a Municipal Corporation By: Mayor James Nicoli ATTEST: Catherine Wheatley City Recorder 100MENE N. ACCEPTANCE OF FRANCHISE WHEREAS, the CITY OF TIGARD, OREGON, under date of , 1999 passed ORDNANCE NO. entitled as follows, to wit: AN ORDINANCE ESTABLISHING THE FRANCHISE OF MCI Metro Access Transmission Services, LLC, ITS SUCCESSORS AND ASSIGNS, GRANTING THE RIGHT TO PLACE, ERECT AND MAINTAIN POLES, WIRES AND OTHER APPLIANCES AND CONDUCTORS AND TO LAY UNDERGROUND WIRES FOR THE TRANSMISSION OF ELECTRICITY FOR TELECOMMUNICATION PURPOSES IN, UPON, UNDER AND OVER THE STREETS, ALLEYS, AVENUES, THOROUGHFARES AND PUBLIC HIGHWAYS OF THE CITY OF TIGARD, OREGON, AND TO CONDUCT A TELECOMMUNICATION BUSINESS WITHIN THE CITY OF TIGARD; AUTHORIZING THE MAYOR TO ENTER INTO SUCH AGREEMENT; AND REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH, AND DECLARING AN EMERGENCY. NOW, THEREFORE, the undersigned, MCI Metro Access Transmission Services, LLC, the grantee named in said Ordinance, does for itself and its successors and assigns accept the terms, conditions and provisions of Ordinance No. and agrees to be bound thereby and comply therewith. IN WITNESS WHEREOF, MCI Metro Access Transmission Services, LLC has caused this instrument to be executed by its officers as below subscribed this day of '1999. MCI Metro Access Transmission Services, LLC By Received by the City of Tigard this day of '1999. MEMORANDUM CITY OF TIGARD, OREGON TO: Honorable Mayor & City Council FROM: Cathy Wheatley, City Recorder DATE: August 19, 1999 SUBJECT: Replacement Ordinance for Agenda Item No. 5 of the 8/24/99 Council Meeting Packet Attached is a new draft ordinance to replace the copy in you 8/24/99 Council Packet Agenda Item No. 5. Finance Director Craig Prosser discovered that the ordinance originally presented to the Council referred to this franchise as a renewal. This is not a renewal - this is a new franchise. The attached draft has been corrected. 1:1ADMICATHMOUNCIUMEMORANDUM - 8-24-99 PACKET ADDRDOC i I I Zorn 5 MEMORANDUM CITY OF TIGARD, OREGON TO: Honorable Mayor & City Council FROM: Cathy Wheatley, City Recorder" t DATE: August 19, Ig99 SUBJECT: Replacement Ordinance for Agenda Item No. 5 of the 8/24/99 Council Meeting Packet Attached is a new draft ordinance to replace the copy in you 8/24/99 Council Packet Agenda Item No. 5. Finance Director Craig Prosser discovered that the ordinance originally presented to the Council referred to this franchise as a renewal. This is not a renewal - this is a new franchise. The attached draft has been corrected. I:WDWCATFMCOUNCILWEMORANDUM - 8-24-99 PACKET ADDN.DOC CITY OF TIGARD, OREGON ORDINANCE NO. 99-_ ORDINANCE ESTABLISHING THE FRANCHISE OF MCI Metro Access Transmission Services, LLC, ITS SUCCESSORS AND ASSIGNS, GRANTING THE RIGHT TO PLACE, ERECT AND MAINTAIN POLES, WIPES AND OTHER APPLIANCES AND CONDUCTORS AND TO LAY UNDERGROUND WIRES FOR THE TRANSMISSION OF ELECTRICITY FOR TELECOMMUNICATION PURPOSES IN, UPON, UNDER AND OVER THE STREETS, ALLE S, AVENUES, THOROUGHFARES AND PUBLIC HIGHWAYS OF THE CITY OF TIGARD, OREGON, AND TO 'AV A TELECOMMUNICATION BUSINESS WITHIN THE CITY OF TIGARD; AUTHORIZING THE MA OR TO ENTER INTO SUCH AGREEMENT; AND REPEALING ALL ORDINANCES AND PARTS OF ORDINANCE IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. WHEREAS, The ten year f nchise for the communication facilities and services provided by MCI Metro Access Transmission Services, LLC, described in the title of this ordinance is now before the City Council for renewal. The Council believes that the fran ise should be renewed under the terms and conditions set forth in Exhibit A, attached hereto, and by this reference de a part hereof. THE CITY OF TIGARD ORDAI AS FOLLOWS: SECTION 1. The terms and c ditions of the attached franchise agreement, Exhibit A, are hereby approved and adopted as part of is ordinance as if specifically set forth. SECTION 2. The Mayor is authori d and directed to sign the attached agreement on behalf of the Council. SECTION 3. Because of the need have stable telephone communication and the need to have a stable revenue flow to the City m franchise fees, an emergency is declared and this ordinance shall take effect upon its passage. SECTION 4. The City Council determine that the fee imposed by this franchise is not a tax subject to the property tax limitations of Artic XI, Section 11 (b) of the Oregon Constitution. PASSED: By vote of all Cound members present after being read by number and title only, this _ _ day of , 1999. Cath ine Wheatley, City Recorder APPROVED: This day of 1999. James Nico Mayor Approved as to form: City Attorney Date ORDINANCE No. 99- Exhibit "A" Page 1 of 3 CITY OF TIGARD, OREGON ORDINANCE NO.99 AN ORDINANCE ESTABLISHING THE FRANCHISE OF MCI Metro Access Transmission Serviow, LLC, ITS SUCCESSORS AND ASSIGNS, GRANTING THE RIGHT TO PLACE, ERECT AND MAINTAIN POLES, WIRES AND OTHER APPLIANCES AND CONDUCTORS AND TO LAY UNDERGROUND WIRES FOR THE TRANSMISSION OF ELECTRICITY FOR TELECOMMUNICATION PURPOSES IN, UPON, UNDER AND OVER THE STREETS, ALLEYS, AVENUES, THOROUGHFARES AND PUBLIC HIGHWAYS OF THE CITY OF TIGARD, OREGON, AND TO CONDUCT A TELECOMMUNICATION BUSINESS WITHIN THE CITY OF TIGARD; AUTHORIZING THE MAYOR TO ENTER INTO SUCH AGREEMENT; AND REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. WHEREAS, The ten year franchise for the communication facilities and services provided by MCI Metro Access Transmission Services, LLC, described in the title of this ordinance 3s now before the City Council for approval. The Council believes bhat the franchise should he approved under the terms and conditions set forth in Exhibit A, attached hereto, and by this reference made a part hereof. THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1. The terms and conditions of the attached franchise agreement, Exhibit A. ars hereby approved and adopted as part of this ordinance as if specifically set forth. SECTION 2. The Mayor is authorized and directed to sign the attached agreement on behalf of the Council. SECTION 3. Because of the need to have stable telephone communication and the need to have a stable revenue flow to the City from franchise fees, an emergency is declared and this ordinance shall take effect upon its passage. SECTION 4. The City Council determines that the fee imposed by this franchise is not a tax subject to the property tax limitations of Article XI, Section 11 (b) of the Oregon Constitution. PASSED: By vote of all Council members present after being read by number and title only, this _ _ day of , 1999. Catherine Wheatley, City Recorder APPROVED: This day of , 1999. James Nicoli, Mayor Approved as to form: City Attorney Date ORDINANCE No. 99- ME AGENDA ITEM W FOR AGENDA OF: August 24, 1999 - 7:30 PM CITY OF TIGARD, OREGON COUl"1CIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Zone Change Annexation (ZCA) 1999-00003 - Boyle Annexation. PREPARED BY: Julia Powell Hajduk DEPT HEAD OK CITY MGR OK ISSUE BEFORE THE COUNCIL Should the Tigard City Council annex 1 parcel of land consisting of approximately 1.32 acres of land? STAFF RECOMMENDATION Adopt the attached Ordinance annexing the property. INFORMATION SUMMARY The proposed annexation consists of territory comprised of one (1) tax lot of 1.32 acres which is contiguous to the City of Tigard. The property is currently developed with a single family residence. The applicant has not indicated any future development is proposed. One adjacent property owner was asked if they wished to join the annexation in order to provide a more uniform boundary, however, they did not respond. Staff has notified affected agencies of the proposed annexation and did not receive any comments in opposition to the proposal. Staff has reviewed the proposal for compliance with Metro 3.09, the Comprehensive Plan policies and the Development Code and, as indicated in the attached staff report, found the proposed annexation meets the applicable standards. OTHER ALTERNATIVES CONSIDERED 1. Deny the request. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY This request is consistent with Growth & Management "Goal 2." FISCAL NOTES The Metro processing fee will be approximately $150. In accordance with the Council's direction, the applicant will be paying the Metro processing fee. COUNCIL. AGENDA ITEM SUMMARY is\citywide\sum\ZCA99-03 ais.doc Page 1 of 1 Julia P H 2-July-99 4:15 PM Agenda Item: Hearing Date: August 24,1999 7:30 PM _ STAFF REPORT TO! THE CITY COUNCIL CRYORTIGMD Community velopment FOR THE CITY OF TIOARD, OREGON De Shaping A Better Coxnmuni SECTION I. APPLICATION SUMMARY CASE: FILE NAME: BOYLE ANNEXATION Zone Change Annexation ZCA 1999-00003 PROPOSAL: To annex 1 lot consisting of approximately 1.32 acres of land into the City of Tigard. CURRENT ZONING DESIGNATION: R-6 Equivalent City ZONING DESIGNATION: R-7 LOCATION: The subject parcel is located at 13640 SW Fern Street; WCTM 2S1b4BD, tax lot 02200. APPLICABLE REVIEW CRITERIA: Tigard Comprehensive Plan Policy 2 (Citizen Involvement) and 10 (Urbanization); and Tigard Community Development Code Sections 18.310 and 18.390. i { SECTION II. STAFF RECOMMENDATION i a Staff recommends that the Council find that the proposed annexation will not adversely affect the health, safety and welfare of the City. Therefore, staff recommends APPROVAL: of the annexation by adoration of the attached Ordinance. a a STAFF REPORT TO THE CITY COUNCIL PAGE 1 OF 4 ZCA 1999-00003 - BOYLE ANNEXATION 8/24199 PUBLIC HEARING Ell Nis Mod SECTION III. BACKGROUND INFORMATION Site information and proposal description: The property is currently developed with a single family residence. The applicant initiated the annexation in order to obtain sewer services. The applicant has hooked up to sewer because the need arose during the transition period between the Boundary Commission and City authorized annexations. The applicant was permitted to connect to sewer with the understanding that once the City had the authority to approve annexations, the property would be annexed. The proposal is to annex approximately 1.32 acres of land into the City of Tigard. Vicinity Information: The area to be annexed consists of 1.32 acres. The existing city boundary runs along the north, west and south of the subject property. The subject property and the property to the east is outside the Tigard city limits. SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS The relevant criteria in this case are Tigard Comprehensive Plan Policies 2.1.1, 10.1.1, 10.1.2, and 10.1.3; and Tigard Community Development Code Chapters 18.136 and 18.138. Staff has determined that the proposal is consistent with the relevant policies of the Comprehensive Plan based on the following findings: Policy 2.1.1: This Policy requires an ongoing citizen involvement program and is satisfied because the West CIT and surrounding property owners have been notified of the public hearing and notice of the hearing has been published in a newspaper of general circulation. Policy 10.1.1: This Policy requires adequate service capacity delivery to annexed parcels and is satisfied because the City of Tigard Police, Engineering and Water Departments, Unified Sewerage Agency (USA) and Tualatin Valley Fire & Rescue (TVF&R) have all reviewed the annexation request and have offered no objections. Policy 10.1.2: This Policy pertains to boundary criteria for annexations and is satisfied. The property is adjacent to the Tigard city limits on the north, west and east. Adequate services will be available to accommodate the property. Staff has determined that the proposal is consistent with the relevant portions of the Community Development Code based on the following findings: Section 18.320.020: This Section addresses approval standards for annexation proposals and is satisfied because: The applicable Comprehensive Plan Policies and Community Development Code provisions have been reviewed and satisfied as previously indicated in this report. According to the conversion table (18.320.1), the City of Tigard zoning designation of R-7 most closely conforms to the County designation of R-6, therefore this zoning will be attached to the subject properties automatically upon annexation. STAFF REPORT TO THE CITY COUNCIL PAGE 2 OF 4 ZCA 1999-00003 - BOYLE ANNEXATION 8/24/99 PUBLIC HEARING Metro 3.09 requir,is the additional standards to be addressed In annexation decisions, in addition to the local and state review standards. These are addressed and satisfied as discussed below: Consistency with the directly applicable provisions In an urban service provider agreement or annexation plan adopted pursuant to ORS 195.065; The processing has been done consistent with applicable Urban Service Provider agreements. Consistency with directly applicable provisions of urban planning or other agreement, other than agreements adopted pursuant to ORS 195.065, between the affected entity and a necessary party; The process required by the Development Code and comprehensive plan is consistent with the Urban Planning Agreement for annexations. Consistency with specific directly applicable standards or criteria for boundary changes contained in comprehensive land use plans and public facility plans; This has beer, discussed previously in this report and, as discussed, it satisfied. Consistency with specific directly applicable standards or criteria for boundary changes contained in the Regional Frameworks Plan or any functional plans; Because the development code has been amended to comply with applicable Metro functional plan requirements, by complying with the development code and comprehensive plan, the annexation is consistent with applicable functional plan and Regional Framework plan. Whether the proposed changes will promote or not interfere with the timely, orderly and economic provisions of public facilities and services; The proposed annexation will not interfere with the provisions of public facility or services because it is adjacent to existing City limits and services have already been extended to the property by the property owner. If the proposed boundary change is for annexation of territory to Metro, a determination by Metro Council that the territory should be included in the Urban Growth Boundary shall be the primary criterion for approval; The subject property is already within the Metro boundaries. Consistency with other applicable criteria for the in question under state and local law. Consistency with other applicable criteria has been discussed previously in this report. SECTION V. OTHER STAFF COMMENTS The City of Tigard Engineering, Public Works, and Water Departments have all reviewed this proposal and have offered no comments or objections. The City of Tigard Police Department asked staff to ask the adjacent property owner if they wished to join the annexation to provide consistency with city limits in the vicinity. Staff sent a letter to the adjacent property owners asking if they wished to join and they did not respond. SECTION VI. AGENCY COMMENTS The Metro Area Boundary Commission, Tualatin Valley Fire and Rescue District, Unified Sewerage Agency, Columbia Cable, Metro Area Communications, TCI, Tualatin Valley Water District, PGE, NW STAFF REPORT TO THE CITY COUNCIL PAGE 3 OF 4 ZCA 1999-00003 - BOYLE ANNEXATION 8/24199 PUBLIC HEARING m Natural Gas, US West Communications, GTE, and Washington County have had the opportunity to review the proposal and have offered no objections. BASEDI BPD THE FINDI GS 1QdDICATEp ASOV O~ ~INIi~Q TA1F1= t .4 > H~EC®'~PIMh11=N®S APPROAtI. ®F ONE `C4i14?ENI~EI(A~`tC~b (ZCA),1198-QQ03 °'.1t11C9;E,Ys1idE24~~tTBftN August 12, 1999 PREPARED BY: Julia Powell H duk DATE Associate Planner c August 12, 1999 APPROVED BY: Richard Bewers rff DATE Planning Mana r hcurplnJul1a\annex\zca99-03 Boyle.doc STAFF REPORT TO THE CITY COUNCIL PAGE 4 OF 4 ZCA 1999.00003 - BOYLE ANNEXATION 8124M PUBLIC HEARING AGENDA ITEM FOR AGENDA OF: August 24, 1999 - 7:30 PM CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Zone Change Annexation (ZCA) 1999-00004 - Stevens Annexation. PREPARED BY: Julia Powell Haidukq' DEPT HEAD OK 14A.A - CITY MGR OK ISSUE BEFORE THE COUNCIL Should the Tigard City Council annex 1 parcel of land consisting of approximately 2.8 acres of land? STAFF RECOMMENDATION Adopt the attached Ordinance annexing the property. INFORMATION SUMMARY The proposed annexation consists of territory comprised of one (1) tax lot of 2.8 acres which is contiguous to the City of Tigard. The property is currently developed with a single family residence. The applicant has indicated a desire to subdivide the property. A pre-application meeting has been held, but no application has been filed. Staff did not ask adjacent property owners if they wished to annex because it would not have resulted in a more uniform boundary. Staff has notified affected agencies of the proposed annexation and did not receive any comments in opposition to the proposal. Staff has reviewed the proposal for compliance with Metro 3.09, the Comprehensive Plan policies and the Development Code and, as indicated in the attached staff report, found the proposed annexation meets the applicable standards. OTHER ALTERNATIVES CONSIDERED 1. Deny the request. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY This request is consistent with Growth & Management "Goal 2." FISCAL NOTES The Metro processing fee will be approximately $150. _ In accordance with the Council's direction, the applicant will be paying the Metro processing fee. COUNCIL AGENDA ITEM SUMMARY is\citywide\sum\ZCA99-04 ais.doc Page I of I Julio P H 12-Aug-99 112:15 PM Agenda Item: _ 1 Hearing Date: Aunust 24.1999 7:30 P&I STAFF REPORT TO THE CITY COUNCIL CRY 01F 1119MD Coun elloopm n FOR THE CITY OF TICARD, OREGON D v Shaping A Better Community SECTION I. APPLICATION SUMMARY CASE: FILE NAME: STEVENS ANNEXATION Zone Change Annexation ZCA 1999-00004 PROPOSAL: To annex 1 lot consisting of approximately 2.8 acres of land into the City of Tigard. CURRENT ZONING DESIGNATION: R-6 Equivalent City ZONING DESIGNATION: R-7 LOCATION: The subject parcel is located on Bull mountain Road, east of 126" Avenue; VJCTM 2S110BC, tax lot 01000. APPLICABLE REVIEW CRITERIA: Tigard Comprehensive Plan Policy 2 (Citizen Involvement) and 10 (Urbanization); Tigard Community Development Code Sections 18.310 and 18.390; and Metro 3.09. SECTION II. STAFF RECOMMENDATION Staff recommends that the Council find that the proposed annexation will not adversely affect the health, safety and welfare of the City. Therefore, staff recommends APPROVAL of the, annexation by adoption of the attached Ordinance. STAFF REPORT TO THE CITY COUN !IL PAGE 1 OF 4 ZCA 1999-00004 - STEVENS ANNEXATION 8/24199 PUBLIC HEARING SECTION 111. BACKGROUND INFORMATION I Site information and proposal description: The property is currently developed with a single family residence. The applicant initiated the annexation in order to obtain sewer services with the intention of subdividing the property. The applicant has held a pre-application conference for the proposed subdivision, however no applications have been submitted. The proposal is to annex approximately 2.8 acres of land into the City of Tigard with an assessed value of $334,010. Vicinity Information: The area to be annexed consists of 2.8 acres. The existing city boundary runs along the north side of the subject property. The subject property and the property to the east, west and south is outside the Tigard city limits. SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS The relevant criteria in this case are Tigard Comprehensive Plan Policies 2.1.1, 10.1.1, 10.1.2, and 10.1.3; and Tigard Community Development Code Chapters 18.136 and 18.138. Staff has determined that the proposal is consistent with the relevant policies of the Comprehensive Plan based on the following findings: Policy 2.1.1: This Policy requires an ongoing citizen involvement program and is satisfied because the West CIT and surrounding property owners have been notified of the public hearing and notice of the hearing has been published in a newspaper of general circulation. Policy 10.1.1: This Policy requires adequate service capacity delivery to annexed parcels and is satisfied because the City of Tigard Police, Engineering and Water Departments, Unified Sewerage Agency (USA) and Tualatin Valley Fire & Rescue (TVF&R) have all reviewed the annexation request and have offered no objections. Policy 10.1.2: This Policy pertains to boundary criteria for annexations and is satisfied. The property is adjacent to the Tigard city limits on the north. The applicant has provided information indicating that water and sewer service is available and can serve the subject property. Because no objections were raised by the service providers, staff assumes this statement to be true. Staff has determined that the proposal is consistent with the relevant portions of the Community Development Code based on the following findings: Section 18.320.020: This Section addresses approval standards for annexation proposals and is satisfied because: The applicable Comprehensive Plan Policies and Community Development Code provisions have been reviewed and satisfied as previously indicated in this report. According to the conversion table (18.320.1), the City of Tigard zoning designation of R-7 most closely conforms to the County designation of R-6, therefore this zoning will be attached to the subject properties automatically upon annexation. LSTAFF ORT TO THE CITY COUNCIL PAGE 2 OF 4 0004 - STE VENS ANNEX4MN 8/24/99 PUBLIC HEARING Metro 3.09 requires the additional standards to be addressed in annexation decisions, In addition to the local and state review standards. These are addressed and satisfied as discussed below: Consistency with the directly applicable provisions in an urban service provider agreement or annexation plan adopted pursuant to ORS 195.065; The processing has been done consistent with applicable Urban Service Provider agreements. Consistency with directly applicable provisions of urban planning or other agreement, other than agreements adopted pursuant to ORS 195.065, between the affected entity and a necessary party; The process required by the Development Code and comprehensive plan is consistent with the Urban Planning Agreement for annexations. Consistency with specific directly applicable standards or criteria for boundary changes contained in comprehensive land use plans and public facility plans; This has been discussed previously in this report and, as discussed, it satisfied. Consistency with specific directly applicable standards or criteria for boundary changes contained in the Regional Framework Plan or any functional plans; Because the development code has been amended to comply with applicable Metro functional plan requirements, by complying with t. ie development code and comprehensive plan, the annexation is consistent with applicable functional plan and Regional Framework plan. Whether the proposed changes will promote or not interfere with the timely, orderly and economic provisions of public facilities and services; The proposed annexation will not inter„,-re with the provisions of public facility or services because it is adjacent to existing City limits and services have already been extended to the property by the property owner. If the proposed boundary change is for annexation of territory to Metro, a determination by Metro Council that the territory should be included in the Urban Growth Boundary shall be the primary criterion for approval; The subject property is already within the Metro boundaries. Consistency with other applicable criteria for the in question under state and local law. Consistency with other applicable criteria has been discussed previously in this report. SECTION V. OTHER STAFF COMMENTS i The City of Tigard Engineering, Police Department, Public Works, and Water Departments have all i reviewed this proposal and have offered no comments or objections. i •1 SECTION VI. AGENCY COMMENTS The Metro Area Boundary Commission, Tualatin Valley Fire and Rescue District, Unified Sewerage Agency, Columbia Cable, Metro Area Communications, TCI, Tualatin Valley Water District, PGE, NW Natural Gas, US West Communications, GTE, and Washington County have had the opportunity to review the proposal and have offered no objections. STAFF REPORT TO THE CITY COUNCIL PAGE 3 OF 4 ,'-CA 1999-00004 - STEVENS ANNEXATION 8/24/99 PUBLIC HEARING lu 3 it BASED"Q,TO~y~IIDNGSINDtCATi~AB~!~dC;PCAN~i1NG 51~F~ 4 i.4. W [ u J4 R. .IIS++T f... nc A r rr r a 1,.. 2.+...,mU 4+kb f r n.CR r- `~i1/ 49VRim.99~~L;.i7~SiVG1A~~ August 12. 1999 PREPARED BY: J is Powell Hajdulpr DATE Associate Planner August 12. 1999 APPROVED BY: Richard Bewers rff DATE Planning Mana er 1:lcurp1nNuI1atannex\Zca99-04 Stevens.doe STAFF REPORT TO THE CITY COUNCIL PAGE 4 OF 4 ZCA 19994*004 - STEVENS ANNEXATION 8/24/99 PUBLIC HEARING AGENDA ITEM # LS FOR AGENDA OF August 24. 1999 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Formation of Sanitary Sewer Reimbursement District No. 15. .$B PREPARED BY: G. Bevy DEPT HEAD OK CITY MGR OK ISSUE BEFORE THE COUNCIL Formation of a sewer reimbursement district to construct a sanitary sewer project as part of the Neighborhood Sewer Extension Program. STAFF RECOMMENDATION Approval of the attached resolution forming the Reimbursement District. INFORMATION SUM1ViARY The purpose of the Reimbursement District is to install sewers before proposed street improvements to SW Beveland St. are constructed. The project would provide sewer service to twenty-five lots along SW Beveland St. and SW Hermoso Way. Through the City's Neighborhood Sewer Extension Program, the City would install public sewers to each lot along the street project and the owners would reimburse the City for a fair share of the cost of the public sewer at the time of connection to the sewer. In addition, each owner would be required to pay a connection fee of $2,335 before connecting to the line and would be responsible for disconnecting the existing septic system according to County rules and any other plumbing modifications necessary to connect to the public line. Each owner has been notified of the hearing b mail. The notice, mailing list and additional details are included in the City Engineer's Report for the proposed ante. rps If Council approves this request to form the Reimbursement District, bids from contractors to construct the sewer will be accepted. Another resolution to finalize the formation of the Reimbursement District, with cost adjustments, will be submitted for Council action after construction is completed and actual construction costs are determined OTHER ALTERNATIVES CONSIDERED 1. Direct that the resolution be revised. 2. Reject the reimbursement district. FISCAL N(JES Funding is by unrestricted sanitary sewer funds. l ldtywldelsumVelm I5•s.doc r~ plum- D. Y - SUPPORT PROJECT N 00 NOT SUPPOV~T PROJECT SLAM, ` NO RESPONSE Y Y Y Y HERMOSO WAY Y -BEVEL AND ST Z c~ GON i August 10, 1999 CITY OF TIGARD OREGON r'5*'Jm 0 T I C E informational Hearing NOTICE IS HEREBY GIVEN THAT THE TIGARD CITY COUNCIL AT A MEETING ON TUESDAY, August 24, 1999, AT 7:30 PM IN THE TOWN HALL OF THE TIGARD CIVIC CENTER 13125 SW HALL BLVD TIGARD OR 97223 TO CONSIDER THE FOLLOWING: Proposed Sanitary Sewer Reimbursement District No, 15. The Tigard City Council will conduct an informational public hearing to hear testimony on-the proposed Reimbursement District formed to install a sewer in Beveland Street and Hermoso Way west of SW 72nd Avenue. Both public oral and written testimony is invited. The public hearing on this matter will be conducted as required by Section 13.09.060 of the Tigard Municipal Code. Further information and the scheduled time for this item during the Council meeting may be obtained from the Engineering Department, 13125 SW Hall Blvd. Tigard, Oregon 97223 or by calling 639-4171 extension 373. 13125 SW Hall Blvd., 71gard, OR 97223 (503) 639-4171 TDD (503) 684-2772 Milli IIIME~11 11,111011 1 2S101AB-01100 2S101AB-01200 BAUER DANIEL E & BAUER DANIEL E & BARBARA 12335 SW 72ND AVE 7_•75 SW HERMOSO PORTLAND, OR 97223 TIGARD, OR 97223 2S101AB-01300 2S101AB-01400 LAURENS MICHAEL F MARTIN GORDON S & PO BOX 3770 12265 SW 72ND AVE SUNRIVER, OR 97707 TIGARD, OR 97223 2S101AB-01401 2S101AB-01402 PHILLIPS JASON E/CAROLYN L LYMAN RODNEY C MARGARET 7355 SW HERMOSO WAY 7395 SW HERMOSO WY TIGARD, OR 97223 TIGARD, OR 97223 2S101AB-01403 2S101AB-01404 MANLEY MARY VON RENCHLER MARVIN J & 7435 SW HERMOSO WAY 7475 SW HERMOSO WAY TIGARD, OR 97223 TIGARD, OR 97223 2S101AB-01500 2S101AB-01501 JOHNSON JERRY E SHARI A JOENS JOHN D MARJORIE A 7615 SW BEVELAND ST 7545 SW HERMOSO WAY TIGARD, OR 97223 TIGARD, OR 97223 2S101AB-01502 2S101AB-01600 ANDERSON ROY W ESTATE OF ERDLE WILLIAM J 7565 SW HERMOSO WAY 7405 SW BEVELAND RD TIGARD, OR 97223 TIGARD, OR 97223 2S101AB-01601 2S101AB-01602 WHITNEY EUGENE P GIBSON KLAUS P & CORNELIA 7340 SW HERMOSA WY 10904 SW PARKWOOD CT TIGARD, OR 97223 WILSONVILLE, OR 97070 2S101AB-01603 2S101AB-01604 HARLAN BRIAN & MAI STOBER LOUIE A & JESSIE L 7270 SW HERMOSO WAY 7305 SW BEVELAND RD TIGARD, OR 97223 TIGARD, OR 97223 2S101AB-01605 2S101AB-01606 ROVIG CAROLE A SLOAN DAVID MARTIN 7460 SW HERMOSO WAY 7355 SW BEVELAND RD TIGARD, OR 97223 TIGARD, OR 97223 2S101AB-01607 2S101AB-01608 RAND STEPHEN C KOBERLEIN PATRICIA LYNN 7540 SW HERMOSO WAY 7455 SW BEVELAND RD TIGARD, OR 97223 TIGARD, OR 97223 z ml 1 2S701AB-01609 23101AB-01700 TAYLOR JEFFREY R ROTH ALAN D AND LINDA A 7505 SW BEVELAND RD 7420 SW HERMOSO WAY TIGARD, OR 97223 TIGARD, OR 97223 2S101AB-01800 2S101AB-02703 BOEHM GENE G BEATRICE G BLONDIE'S INVESTMENT LLC 7380 SW HERMOSA WAY 1500 OSTMAN RD TIGARD, OR 97223 WEST LINN, OR 97068 2S101AB-02704 NEWHAM DAVID ALLEN & BARBARA AN 7410 SW BEVELAND RD TIGARD, OR 97223. , t CITY OF TIGARD, OREGON RESOLUTION NO. 98- 51 A RESOLUTION ESTABLISHING A NEIGHBORHOOD SEWER REIMBURSEMENT DISTRICT INCENTIVE PROGRAM. WHEREAS, the City has initiated the Neighborhood Sewer Extension Program to extend public sewers through Reimbursement Districts in accordance with TMC Chapter 13.09; and WHEREAS, the amounts reimbursed by residential lot owners in the past have been below $8,000 per connection; and WHEREAS, the reimbursement districts that are currently under consideration have estimated reimbursement costs ranging from $9,000 to $14,000 per connection; and WHEREAS, the costs of reversing residential plumbing, closing the existing septic tank, installation of a sewer lateral to connect to the public system, and payment of the connection fee add several thousand dollars more to the burden of a residential lot owner who wishes to connect to City sewer; and WHEREAS, the City Council wishes to initiate an incentive program to encourage residents to connect to public sewer; and WHEREAS, the City Council finds that establishing a maximum reimbursement fee for residents to pay will further the objectives of the program by encouraging formation of sewer reimbursement districts and actual connections to public sewer; and WHEREAS, based on previous reimbursement districts, the amount of $8,000 appears to be a reasonable amount to establish as the maximum fee for reimbursement by residential lot owners; and WHEREAS, the City Council concurs that the sum of $15,000 should be established as the maximum cost per connection; and WHEREAS, the City Council wishes to offer this incentive program for a two-year period, after which the program will be evaluated for continuation. NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: SECTION 1: An incentive program is hereby established for the Neighborhood Sewer Extension Program with a maximum fee of $8,001"1 for reimbursement by residential lot owners. This applies only to the reimbursement fee for the sewer installation and not to the connection fee, which is still payable upon application for sewer connection. SECTION 2: This Resolution shall apply to sewer connections provided through sewer reimbursement districts established by October 12, 2000. All connections qualifying RESOLUTION NO. 98--5) Page l RON milli 11 under this incentive program must be completed within one year after Council approval of the final City Engineer's Report following a final public hearing conducted in accordance with TMC Section 13.09.105. SECTION 3: The City Engineer's Report required by TMC Chapter 13.09 shall include a provision that to the extent that the reimbursement fee determined in accordance with Section 13.09.040 does not exceed $15,000, the amount to be reimbursed by an owner of a lot zoned single-family residential shall not exceed $8,000 per connection, provided the lot owner complies with the provisions of Section 2. Any amount over $15,000 shall be reimbursed by the owner. Residential lot owners who do not connect to sewer in accordance with Section 2 shall pay the full reimbursement amount as determined by the final City Engineer's Report. SEC'T'ION 4: The funding source for the Neighborhood Sewer Reimbursement District Program shall provide the funding for the installation costs over $8,000 up to a maximum of $15,000 per connection. PASSED: This day of 1998. y r -City of igard ATTEST: City Recorder - City of Tigard i:\cily~videVosVeimti.doc RESOLUTION NO.98- J~r Page 2 _1MM11 11MININIMMIMEN =I It aim ti lan - AGENDA ITEM # FOR AGENDA OF -August 24, 1999 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Award of Contract for the construction of 1999-2000 Pavement Mator Maintenance P o - Pavement rla PREPARED BY: Vannie e ~pl HEAD OK: Gus Duenas CITY MGR OK: Bill Monahan ISSUE BEFORE THE COUNCIL Shall the Local Contract Review Board approve the contract award for the construction of the pavement overlay portion of the 1999-2000 Pavement Major Maintenance program? STAFF RECOMMENDATION The staff recommends that the Local Contract Review Board, by motion, approve the contract award to Eagle Elsner, Inc. in the amount of $195,905.85. INFORMATION SUMMARY The Pavement Overlay Backlog list of the Capital Improvement Program lists all paved streets in the City of Tigard that need convective and preventative maintenance. There was a backlog of $1,500,000 in FY 1997-98 for corrective overlays, repairs, and slurry seals and last year's program expended $395,000 from the $478,000 PMMP budget. The pavement overlay project and the slurry seal project are bid separately to attract Contractors that specialize in the respective types of work. This year's pavement overlay program includes the streets that are located in the City and Washington County. Proposed streets to receive pavement overlay this year were drawn from the Overlay Backlog list, from field evaluation and from the list of proposed Pavement Maintenance for the Urban Services Agreement. Of the $250,000 road maintenance service that is funded by the County, $100,000 will be used to pay for contract services for overlays and slurry seals on the County roads. The County roads to receive pavement overlay this year include: 133" Ave. (south of Bull Mountain Rd.), 162"d Ave. (north of Colony Place), Colony Place (!62"d to Colony Drive), Former Rd. (from 115 ' Ave. to I I Vh Place), and Roshak Rd. (from 158'h Terrace to Bull Mountain Rd.). The City streets include: Bonita Rd. (72nd Ave. to Sequoia Parkway), McKenzie St. (south of Hwy 99W), Scoffins St. (from Main St. to Ash Ave.). Since the existing structure section of Scoffins St. is substandard, a new Cement Treated Base is proposed to apply to the aggregate base material before a new asphalt concrete pavement is placed. The bid opening was conducted at 2 PM on August 24, 1999. The bid results are: Eagle Elsner, Inc. Tigard, OR $195,905.85 Morse Bros., Inc. Sherwood, OR $206,615.10 Brix Paving, Co. Tualatin, OR $210,642.15 oil K.F. Jacobsen, Inc. Portland, OR $227,259.46 Benge Construction, Inc. Tualatin, OR $236,460.00 Engineer's Estimate $865,000 OTHER ALTERNATIVES CONSIDERED None VISION TASK FORCE GOAL AND ACTION CONMTTEE STRATEGY None FISCAL NOTES The County will make $250,000 payment to the City for road maintenance services during the first quarter of this fiscal year. Of the $250,000, $100,000 is sufficient to fund the County road portion of the project. For the City streets, the amount of $233,000 has been allocated in FY 1999-00 from the State Gas tax revenue for the PMIVIP and other street improvement projects. This amount is sufficient to award the contract for this year's PMNIP - Pavement Overlay project. is%eng\99cip\99pmmpbverlaylrevised agenda summary.doc v FAX TRANSMITTAL Date August 23, 1999 Number of pages including cover sheet 3 To: Honorable Mavor & Citv Council From: Gus Duenas. City Engineer Co: Co: City of Tigard Fax Fax 684-7297 Ph 639-4171. Ext. 378 SUBJECT: Award of 1999/2000 Pavement Maior Maintenance Contract MESSAGE: Here is the Council Agenda Item Summary for this Local Contract Review Board item that is beirig requested for consideration as a non-agenda item for the Council meeting of August 24, 1999. Since the project involves pavement overlay, we cannot afford to wait for the Council meeting in September. The bid opening is scheduled for 2 p.m. on the 24th. i will submit a memorandum transmitting the actual bids prior to 5 p.m. on the same day. Award of the low bid will allow us to proceed with the construction during the month of September. MEWWAUM r ~ r. AGENDA ITEM# O FOR AGENDA OF August 24, 1999 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE: Land Ac uisition for the 69th Avenue LED pEgiect PREPARED BY: Vannie N e D PT HEAD OK : Gus Duenas CITY MGR OK: Bill Monahan_ISSUE BEFORE THE COUNCIL Shall the City Council approve the Purchase and Sale Agreement for the acquisition of the property owned by J.T., Jr. and Theresa Roth needed for the improvements of 69' Avenue Local Improvement District? STAFF RECOMMENDATION The staff recommends that the City Council, by motion, approve the Purchase and Sale Agreement between J.T., Jr. and Theresa Roth and the City to allow improvements of SW Beveland Street between SW 69' and SW 68' Avenue, and authorize the City Manager to execute the agreement and make payment on the agreement amount. INFORMATION SUMMARY In the Council meeting on February 9, 1999, the Council approved the Preliminary Engineering Report for the improvements of 69`h Avenue and declared its intention to form the district. The Resolution of Intent No. 99-10 approved by the Council in that meeting included the following streets in the improvements: • SW 69'h Ave between the north right-of-way line of SW Hampton Street and the south right- of-way of SW Dartmouth Street. • SW Elmhurst Street between SW 68ffi Avenue and SW 70'h Avenue. + SW Franklin Street between SW 68ffi Avenue and SW 69`h Avenue. • SW Beveland Street between SW 68' Avenue and SW 70' Avenue. • SW Dartmouth Street between SW 69'' Avenue and SW 70'hAvenue (south side only). In the Council meeting on March 9, 1999, after receiving and considering testimony from the citizens, the Council ordered the improvements to be made in accordance with the Resolution of Intent No. 99-10. Ordinance No. 99-07, approved in that meeting, authorizes the staff to finalize the engineering design and acquire all lands situated within the district boundary to permit construction of the project. Tax Lot No. 8800 and the northern 10 feet of Tax Lot No. 8700 on SW 69`h Ave., owned by J.T., Jr. and Theresa Roth, need to be acquired for the construction of SW Beveland Avenue between SW 69ffi and SW 68' Avenue. According to the appraisal report, which was conducted by Acquisition Consultants on May 31, 1999, the total value of the subject parcels is estimated at $77,000, in which $72,000 is for the land and $5,000 is for the improvements. milli IN ~M Attached to this item summary are the following documents: - Project location map indicating the proposed streets to be improved. - Beveland Street map outlining the subject properties in related to the improvements. - Proposed Purchase and Sale Agreement between J.T., Jr. and Theresa Roth and the City. - Ordinance No. 99-07. OTHER ALTERNATIVES CONSIDERED None VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY This project meets the Tigard Beyond Tomorrow Transportation and Traffic Goals of "Improve Traffic Flow and Safety". FISCAL NOTES This land a.-quisition of $77,000 will be funded from the FY 1999-2000 SW 69' Avenue Local Improvement District fund. %wp333UAMepcs%engWWp%68,.hbounaI sum-and acgisWon.doc PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS THIS PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS ("Agreement") is entered into as of August , 1999 (the "Effective Date"), between J. T. ROTH and TERESA ROTH (the "Seller") and CITY OF TIGARD, an Oregon municipal corporation, ("Purchaser"). RECITALS A. Seller is the owner of real property located in the City of Tigard, County of Washington, commonly describe' as Tax Lot 2S 11 AA-8800 and part of Tax Lot 2S 11AA-8700, and more particularly described as follows: Lots 15, 16 and the South 10 feet of Lot 14, Block 29, WEST PORTLAND HEIGHTS, in the City of Tigard, County of Washington and State of Oregon. (hereinafter referred to as the "Property"). B. Purchaser desires to purchase from Seller, and Seller desires to sell and convey to Purchaser all right, title and interest in the Property. C. It is the intention of the parties to set forth in this Agreement the terms and conditions of the sale and purchase of the Property. D. These recitals are contractual in nature and shall be construed to give full effect to the provisions of this Agreement. AGREEMENT In consideration of the mutual promises set forth in this Agreement, the parties agree as follows: 1. Purchase and Sale. The Seller agrees to sell to the Purchaser, and the Purchaser agrees to purchase from the Seller, the Property upon the terms and conditions set forth in this Agreement. i i 2. Purchase Price. The purchase price (tile "Purchase Price") to be paid by Purchaser to Seller for the Property is SEVENTY SEVEN THOUSAND AND 00/100 DOLLARS a ($77,000.00). The Purchase Price shall be payable in cash or other readily available funds through escrow at the Closing (as that term is defined below). s Page 1 - PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS t7:\AAC\Tigard\Roth\Docs\P&Sdf3.wpd(O8/ 19/99) 3. Escrow. 3.1 Escrow A ent. Upon execution of this Agreement, the parties shall deliver a copy of this fully executed Agreement to First American Title Insurance Company of Oregon, 1700 SW Fourth Avenue, Portland, OR 97201-5512, attention Linda McGettigan (the "Escrow Agent"). Seller and Purchaser hereby authorize Escrow Agent to take necessary steps for the closing of this transaction pursuant to the terms of this Agreement. Further, Seller and Purchaser hereby authorize their respective attorneys to execute and deliver into escrow any additional instructions consistent with this Agreement as may be necessary or convenient to implement the terms of this Agreement and to close this transaction. 3.2 Cancellation Fees and Expenses. In the event this Agreement is terminated because of the non-satisfaction of any condition set forth in Section 4 of this instrument, or in the event this Agreement is terminated because of Purchaser's default, any cancellation charges required to be paid to Escrow Agent shall be borne by Purchaser. In the event this Agreement is terminated because of Seller's default, the cancellation charges required to be paid to Escrow Agent shall be borne by Seller. 4. Conditions Precedent to Purchaser's Obligation to Close. Purchaser's obligation to close the transaction described in this Agreement is expressly contingent on satisfaction or waiver by Purchaser of all of the following conditions precedent: 4.1 Approval of Title by Purchaser. 4.1.1. Preliminary Title Report. Purchaser has received a Preliminary Title Report issued by Escrow Agent, dated July 25, 1999, a copy of which is attached hereto as Exhibit A, which describes the Property along with true, correct and legible copies of all instruments referred to in the Preliminary Title Report. The Escrow Agent shall also deliver to Purchaser copies of any financing statements filed against the Property. 4.1.2. Title Objections 4.1.2.1. Purchaser's Q(jections. Purchaser objects to title exceptions Nos. 2, 3, 4, 5, 6, 7 and 8 as shown in the Preliminary Title Report (the "Disapproved Exceptions"). All new exceptions appearing on subsequent title reports shall be considered Disapproved Exceptions, unless accepted in writing by Purchaser. 4.1.2.2. Seller's Removal of Exceptions. Prior to Closing, Seller shall remove or cause to be removed the Disapproved Exceptions from the Preliminary Title Report and any subsequent title reports. 4.1.2.3. Purchaser's Remedies. In the event Seller is unable or unwilling to remove the Disapproved Exceptions prior to Closing, the Purchaser may, in Purchaser's sole discretion, (i) suspend performance of its obligations under this Agreement at no cost to Purchaser and extend the Closing Date until the exceptions have been removed; or (ii) terminate this Agreement, in which event all the rights and obligations of the parties under this Page 2 - PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS 0:\AAC\Tigerd\Roth\Docs\P&Sdt3.wpd(08/ 19/99) Agreement shall be null and void; or (iii) agree to close this transaction subject to all unremoved exceptions. In no event shall Seller be required to remove or to reimburse Purchaser for the removal of any lien or other exception to title created by Purchaser's activities with respect to the Property. 4.2 Approval of Studies. Purchaser shall have until the date of Closing (the "Study Period") to undertake such tests, investigations and studies of the Property as Purchaser shall deem necessary or appropriate to determine the suitability of the property for Purchaser's intended use. Seller agrees that Purchaser shall have such access to the Property as Purchaser or its agents shall require to perform such tests, investigations and studies, and Seller shall reasonably cooperate with 'Purchaser and its agents with regard thereto. The cost and expense of such tests, investigations and studies shall be borne by Purchaser, and Purchaser agrees to indemnify Seller from any claims, harm or loss arising out of the conduct thereof by Purchaser and its agents. In the event that Purchaser shall determine, in its absolute discretion, that the Property is not suitable for its purposes, Purchaser may terminate this Agreement by written notice thereof given to Seller at any time within the Study Period. Such notice shall serve as a termination of this Agreement, and the parties shall thereafter have no further obligations toward each other pursuant hereto. 4.3 Failure of Condition,- Precedent:. In the event of a failure of any condition precedent to Purchaser's obligation, or if Purchaser has timely terminated this Agreement pursuant to Sections 4. 1, or 4.2, the escrow and the rights and obligations of Purchaser and Seller under this Agreement shall terminate. 5. Seller's Representations and Warranties. 5.1 Marketable Title. Seller warrants that, at the time of Closing, Seller will be the owner of the entire fee simple interest in the Property, or that Seller shall provide for a conveyance of the entire fee simple interest in the Property to Purchaser by documents deemed sufficient by Purchaser in its sole and exclusive discretion. Seller further warrants at the time of closing no work, labor or materials have been expended, bestowed or placed upon the Property, adjacent thereto or within any existing or proposed assessment district which will remain unpaid at close of escrow or upon which a lien may be filed at close of escrow. 5.2 Parties in Possession. Seller warrants that as of the close of escrow there will be no rental agreements, contracts, leases or other agreements affecting the use or occupancy of the Property. 5.3 Authority of Seller. Seller warrants that it has the authority to execute this Agreement, to enter into the escrow contemplated herein, to perform all of its obligations hereunder, and that the party executing this Agreement on behalf of Seller has been fully authorized by appropriate resolution to bind Seller to the terms and provisions hereof. 5.4 No Option or Right of First Reftisal to Acquire Premises. Seller represents that no person or entity has any right of first refusal or option to acquire any interest in the property or any part thereof. Page 3 - PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS 0:\AAC\Tigard\Roth\Doca\P&cSdf3.wpd(03/ 19/99) 5.5 Environmental Warr. Seller has no knowledge of any existing or pending claim or of any facts or circumstances that may give rise to any future civil, criminal or administrative proceedings against Seller relating to hazardous materials. No hazardous materials have been discharged upon, brought upon or stored on the Property in violation of applicable law or regulations. As used herein "hazardous materials" means any substance the presence or discharge of which is regulated by any federal, state or local law or relating to the protection of the environment or public health. 5.6 General Representation. The Seller's representations and warranties contained here are true and accurate, and are not misleading. The Seller's representations and warranties contained here shall be continuing and shall be true and correct as of the Closing Date with the same force and effect as if remade by the Seller in a separate certificate at that time. The Seller's representations and warranties contained here shall survive the close of escrow and shall not merge into the deed and the recordation of the deed in the official records 6. Seller's Promise to Remove Personal Property and Debris. Prior to the close of escrow, Seller promises to remove or cause to be removed from the Property at Seller's expense any and all personal property and/or trash, rubbish, debris, or any other unsightly or offensive materials unless otherwise agreed to in writing by Purchaser. Satisfaction of the promises contained herein shall be subject to Purchaser's inspection and approval of the physical condition of the Property by Purchaser prior to Closing. 7. Closing. 7.1 Closing Date. The closing (the "Closing") of the sale of the Property by Seller to Purchaser shall occur in escrow in the offices of the Escrow Agent on or before August 27, 1999, (the date of the Closing being the "Closing Date"). The transaction contemplated in this Agreement is "closed" when the Deed (as defined below) to be delivered by Seller is recorded, all other documents required by this Agreement are executed and delivered, and the Purchase Price is paid through escrow to Seller as provided in this Agreement. 7.2 Deliveries to Escrow Agent. In connection with the Closing, the following shall occur, and the performance or tender of performance of all matters set forth in this Section 7.2 shall be mutually concurrent conditions: 7.2.1. Seller's Deliveries. On or before the Closing Date, Seller, at Seller's cost and expense, shall deliver the following into escrow: (i) Statutory Warranty Deed ("Deed"), fully executed and acknowledged by Seller, conveying to Purchaser the Property free and clear of all encumbrances; (ii) An ALTA standard coverage owner's title policy in the amount of the total Purchase Price that shall insure fee simple, indefeasible title to the Property in Purchaser, subject only to the Permitted Exceptions; provided that Purchaser shall have the right to order an ALTA extended coverage owner's policy. Purchaser shall be responsible for and pay the premium Page 4 - PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS a:\AAC\Tiga rd\Ro*.\Docs\P&Sdf3.wpd(Og/ 19/99) for the standard ALTA owner's policy; and Purchaser shall pay the additional premium for an ALTA extended coverage owner's policy, together with all related expenses. (iii) Certificate executed and sworn to by Seller (a) confirming Seller's United States taxpayer identification number and (b) stating that Seller is not a "foreign person" within the meaning of Section 1445 of the Internal Revenue Code of the United States of America of 1986 and otherwise in compliance with § 1.1445-2T of the regulations promulgated thereunder. 7.2.2. Purchaser's Deliveries. On or before the Closing Date, Purchaser shall deliver the Purchase Price into escrow. 7.3 Closing Costs/ Proration s. Purchaser shall pay all escrow fees and recording fees. Purchaser shall pay the cost of an ALTA standard coverage owner's policy of title insurance and the additional premium necessary for an ALTA extended coverage owner's policy of title insurance, if Purchaser shall desire such extended coverage, together with all other attendant costs for such extended coverage. Ad valorem and similar taxes and assessments relating to the Property shall be prorated between Seller and Purchaser as of the Closing Date, Seller being charged and credited for the same up to such date and Purchaser being charged and credited for the same on and after such date. If the actual amounts to be prorated are not known at the Closing Date, the prorations shall be computed on the basis of the evidence then available; when actual figures are available a cash settlement shall be made between Seller and Purchaser. Purchaser shall pay the Washington County Transfer Tax. The provisions of this Section 7.3 shall survive the Closing. 7.4 Authority DQcllm n . Purchaser and Seller shall, if requested by the other party or the Escrow Agent, furnish satisfactory evidence of their authority to consummate the sale and purchase contemplated by this Agreement. 7.5 Possession. Seller shall deliver to Purchaser possession of the Property on the first full day after completion of the Closing. 8. me i 8.1 Seller's Remedies. If Purchaser fails or refuses to perform any of its obligations under this Agreement for any reason other than failure of a condition precedent to occur or termination of this Agreement pursuant to Section 4, then Seller may terminate this Agreement by notifying Purchaser thereof, in which event Seller shall have all remedies available at law and s equity. i i ' 8.2 Purchaser's Remedies. If Seller fails or refuses to perform any of its obligations under this Agreement for any reason other than termination of this Agreement by Purchaser, then s Purchaser may either: (i) terminate this Agreement by notifying Seller thereof and thereafter neither party hereto shall have any further rights or obligations hereunder; or (ii) Purchaser may seek any other rights, resources or remedies (including, without limitation, specific performance) available to Purchaser, such rights, remedies and resources hereunder to be cumulative, and not in exclusion of any other. Page 5 - PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS 0:\AAC\Tigard\Roth\Doca\P&Sdt3.wpd(O8/ 19/99) 9. Accommodating a 1031 Exchange. If Seller desires to transfer the Property through an exchange transaction under Section 1031 of the Internal Revenue Code, Purchaser agrees to cooperate with such transaction so long as the terms of this Agreement and the following requirements are met, and any escrow instructions or 1031 documents presented at Closing shall include the following provisions: a) Purchaser's consent shall result in no additional cost, liability or expense to Purchaser; b) Purchaser's consent shall in no way relieve Seller of its obligation to timely transfer the Property to Purchaser and perform all obligations, covenants, agreements, and indemnifications, pursuant to the terms and provisions of this Agreement; c) Purchaser makes no representations or warranties with respect to the foregoing exchange, and Seller assumes all risks associated with the income tax effects of this transaction and agrees to fully indemnify and hold Purchaser harmless from any loss, including but not limited to any cost, expense, or other liability (including reasonable attorney's fees), which Seller or Purchaser may sustain in the event this transaction is audited or determination is made by the IRS or any state taxing authority that this transaction does not qualify as a Section 1031 exchange; d) Purchaser is not obligated to hold title to any additional property; e) Seiler does hereby agree to defend, indemnify and hold harmless Purchaser, its employees, agents, and others acting on its behalf, for, from and against any and all claims, demands, damages, losses, liens, liabilities, penalties, fines, lawsuits, order, costs and expenses, losses, audits, including without limitation, reasonable attorney's fees arising from or related to any participation by Purchaser in the exchange, or otherwise related to the property exchange. 10. General Provisions. 10.1 Time. TIME IS OF THE ESSENCE of this Agreement. 10.2 Full Authority. Each of the signatories to this Agreement represents and warrants that he/she has the full right, power, legal capacity and authority to enter into and perform his obligations hereunder and no approval or consents of any other person are necessary in connection herewith. 10.3 Negation of Agency and Partnership. Any agreement by either party to cooperate with the other in connection with any provision of this Agreement shall not be construed as making either party an agent or partner of the other party. 10.4 Applicable Law. This Agreement shall be governed by, and construed in accordance with, the laws of the State of Oregon. Page 6 - PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS G:\AAC\Tignrd\Roth\Docs\P&Sdt3.wpd(08/ 19/99) 10.5 Statutory Disclaimer. THE PROPERTY DESCRIBED IN THIS INSTRUMENT MAY NOT BE WITHIN A FIRE PROTECTION DISTRICT PROTECTING STRUCTURES. THE PROPERTY IS SUBJECT TO LAND USE LAWS AND REGULATIONS, WHICH, IN FARM OR FOREST ZONES, MAY NOT AUTHORIZE CONSTRUCTION OR SITING OF A RESIDENCE AND WHICH LIlVQTS LAWSUITS AGAINST FARMING OR FOREST PRACTICES AS DEFINED IN ORS 30.930 IN ALL ZONES. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED USES AND EXISTENCE OF FIRE PROTECTION FOR STRUCTURES. 10.6 Severability. If any provision of this Agreement shall be held t0 be void or invalid, the same shall not affect the remainder hereof which shall be effective as though the void or invalid provision had not been contained herein. 10.7 Modification o Amendments. No amendment, change or modification of this Agreement shall be valid, unless in writing and signed by all the parties hereto. 10.8 Waiver. Except as otherwise provided in this Agreement, failure of either party at any time to require performance of any provision of this Agreement shall not limit the party's right to enforce the provision, nor shall any waiver of any breach of any provision be a waiver of any succeeding breach of the provision or a waiver of the provision itself or any other provision. 10.9 Assignment. Seller shall not delegate its duties under this Agreement to any party without the written consent of Purchaser which may be granted or withheld in the sole and unfettered discretion of Purchaser. Purchaser shall not assign its right, title and interest under this Agreement without the prior written consent of Seller, which consent shall not be unreasonably withheld by Seller; provided, however that no such consent shall release Purchaser from its obligations hereunder. 10.10 Successors and Assigns. Subject to the provisions of Section 9.9, this Agreement shall inure to the benefit of, and shall be binding upon, the parties hereto and their respective heirs, legal representatives, successors and assigns. 10.11 Notice. All notices required or provided under this Agreement shall be in writing. If mailed, notice shall be deemed effective forty-eight (48) hours after mailing as certified mail, postage prepaid, directed to the other party at the address set forth below or such other address as the party may indicate by written notice to the other as provided herein; notice given in any other manner shall be effective upon receipt by the addressee. For purposes of notice, the addresses of the parties shall be as follows: If to Seller, to: J. T. Roth and Teresa Roth 12600 SW 72nd Avenue, Suite 200 Tigard, OR 97223 Page 7 - PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS 0:\AAC\Tigard\Roth\Doca\P&Sdf3.wpd(08/ 19/99) If to Purchaser, to: City of Tigard Attn: Gus Duenas 13125 SW Hall Boulevard Tigard, OR 97223 With a copy to: Amy Chesnut Ramis Crew Corrigan & Bachrach 1727 N.W. Hoyt Street Portland, Oregon 97209 10.12 CounteEparts. This Agreement may be executed in several counterparts, each of which shall be an original, but all of which shall constitute but one and the same agreement. 10.13 Captions and Headings. The captions and headings of this Agreement are for convenience only and shall not be construed or referred to in resolving questions of interpretation or construction. 10.14 Calculation of Time. All periods of time referred to herein shall include Saturdays, Sundays and legal holidays in the State of Oregon, except that if the last day of any period falls on any Saturday, Sunday or such holiday, the period shall be extended to include the next day which is not a Saturday, Sunday or such holiday. 10.15 Commissions. Seller warrants that it has not utilized the services of an agent, broker or finder with regard to the transaction contemplated by this Agreement. Purchaser warrants that it has not utilized the services of an agent, broker or finder, other than Acquisition Consultants, located at 6650 SE Morrison Street, Portland, OR 97215, with regard to the transaction contemplated by this Agreement, which company's fees shall be paid by Purchaser. Seller hereby agrees to defend, indemnify and hold harmless Purchaser, and Purchaser hereby agrees to defend, indemnify and hold harmless Seller, from and against any claim by any third parties not named herein for brokerage, commission, finder's or other fees relating to this Agreement or the sale of the Property, and any court costs, attorney's fees or other costs or expenses arising therefrom, and alleged to be due by authorization of the indemnifying party. 10.16 Attorneys' Fees. If a suit, action, or other proceeding of any nature whatsoever (including any proceeding under the Bankruptcy laws of the United States) is instituted in connection with any controversy arising out of this Agreement, or to interpret or enforce its terms and provisions, the prevailing party shall be entitled to recover its attorneys', paralegals', accountants', and other experts' fees and all other fees, costs, and expenses actually incurred and reasonably necessary in connection therewith, as determined by the court at trial or on any appeal or review, in addition to all other amounts provided by law. Page S - PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS 0:\AAC\Tigard\Roth\Docs\P&Sdf3.wpd(08/ 19/99) 10.17 tire Agreement. This Agreement constitutes the entire agreement between and among the parties, integrates all of the terms and conditions mentioned herein or incidental hereto, and supersedes all negotiations or previous agreements between the parties or their predecessors in interest with respect to all or any part of the subject matter hereof. EXECUTED as of the Effective Date. SELLER: PURCHASER: CITY OF TIGARD, an Oregon municipal corporation J. T. Roth William A. Monahan, City Manager Teresa Roth ACCEPTANCE BY TITLE COMPANY by its duly authorized signature below, agrees to accept this escrow on the terms and conditions of, and to comply with the instructions contained in, the foregoing Agreement. By: Print Name: Its: Page 9 - PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS a:\AAC'\rigard\Roth\Doca\P&Sdt3.wpd(OS/19/99) EXHIBIT "A" Preliminary Title Report No. 883913 issued by First American Title Insurance Company Dated July 26, 1999 [BEGINS ON FOLLOWING PAGE] Zv ac ca n-•~r.r. v.ci 1uo ~t AMt~~ " First American Title Insurance Company of OMon P. bn-*4 ta.M.u of TMZ INS AMC[ COMPANY OF O:dGON 1700 S.W. FOURTH AVENUE, PORTLAND, On 97201.5512 o , (503) 222.3651 - FAX (503) 790-7865 or (SAM) 790-7858 Preliminary Title Report July 26, 1999 ALTA Owners Stand. Coy. $OPEN Premium S ALTA Ownma Ext. Cov. $ Premium S ALTA Landers Stand. Cov. S Premium S ALTA Lendurs Eat. Cov. S Premium S Order No. : 883913 Indorsement • 100, 115 & M Premium $ Escrow No.: 990515655 Oftr Cost $ Re Roth/City of Tigard Govt. Serv. Charge cost a 50.00 A conaolidMad simtemerrt of all charges and advanoes in con- neebon with this order well be provided At closing, First American Title Insurance Company of Oregon 10260 SW Greenburg Road Suite 170 Portland, OR 97223 Attention: Linda McGettlgan Telephone No.: (543)244-8323 Fax No.: (503)244-8377 We are prepared to Issue Title Insurance Policy or Policies In the form and amount shovm above, insuring title to the following descn'bed land: Lots 15, 16 and the South 10 feet of Lot 14, Block 29, WEST PORTLAND HEIGHTS, in the City of Tigard, County of Washington and State of Oregon; and as of July 20, 1999 at 8:00 a.m., title vested in: J.T. ROTH, JR. and TERESA ROTH, as tenants by the entirety: Subject to the exceptions, exclusions and stipulations which are ordinarily part of such Policy form and the following: 1. Taxes for the fiscal year 1999-2000 a lion not yet payable. 2 CI.y Liens, If any, of the City of Tigard. Note: An inquiry has been directed to the City C48* and subsequent advice will follow concerning the actual status of such liens. 3. Statutory Powers and Assessments of Unified Sewerage Agency. 4. These premises are within the boundaries of the Tualatin Valley Water District and are sub)aot to the levies and assessments thereof. 5. An easement created by instrument, including the terror and provis6rls thereof; Recorded : September 28, 1995 as Fee No. 95069650 Executed by : Roger M. Pollock For : Access Affects : The East 12 feet of Lots 15 and 16 This report Is for the exdustva use of the parties horaln ehovm and is prefirrinay to thu issuance of a title insurance policy and shell become void unless a petioy Is Icsued, and the full premium paid. FROM : 199^ 08-09 12j21 #490 P.03/06 Page 2 Order No. 883913 6. An easement created by instrument, including the terms and provisions thereof; Recorded September 28, 1995 as Fee No, 95048652 Favor of Roger M. Pollock For Access Affects The Fast 12 foot of Lot 14 7. An easement and maintenance provisions, created by Instrument, Including the terms and provisions thereof; Recorded January 17, 1997 as Fee No. 97005545 Favor of J.T. Froth, Jr. and Thoresa A. Roth For DrivAway Affects Lots 15 and 18 8. The following matters pertain to lenders Extended coverage only: (a) Discrepancies, conflicts in boundary tines, shortage In area, encroachments or any other facts which a correct survey would disclose. (b) Parties In possession, or claiming to be in possession. other than the vestees shown herein. (c) Statutory liens for labor and/or materials, Including I19ns for contributions due to the State of Oregon for employment compensation and for workman's compensation, or any tights thereto, where no notice or such liens or rights appears of record. NOTE: Taxes for the year 1998-99 paid in full. Tax Amount $224.29 Code No. 023.81 Account No. MIAA-088W Key No. 456820 (Affects Lots 15 and 16) NOTE: Taxes for the year 1998-99 paid In full. TeX Amount : $22429 Code No. : 023.81 Account No. : 28i!AA-08700 Key No. ; 456811 (Affects Lot 14 and covers additici, property) PRCM t 1994.06-09 12:21 #490 P.04/06 Page 3 Order No. 883913 NOTE: The herein described property appears to be a portion of an existing tract. We find no partition plat of record. A sale or conveyance of said parcel may be In violation of the partition statutes as set out under O.R.S. 92.010 -92.790. (This a=eptlon may not appear in the policy to issue as the matters referred to herein are excluded from coverage.) FIRST AMERICAN nTL.E INSURANCE COMPANY OF OREGON DODIE McCRACKEN Chlaf Title Officer (503) 790 7863 DM:)eh cm J.T. Roth, Jr. cc: City of Tigard Attn: Vannis Nguyen cc: Gary Knowlton cc: Dominic Cdetta THANK YDU FOR CHOOSING FIRST AMERICAN TITLE ' We look forward m assisting you lit aK of your We &W escrow needs PROM : 199°' 08-09 12t22 #490 P.05/@6 THIS MAP IS FURNISHEv'AS A CONVENIENCE IN LOCAT04v rnvrr.,..... ASSUMES NO UA131U Y FOR ANY VARIATIONS AS MAY BE DISCLOSED BY'.+CTUAL SURVEY s~ ~KC4~,c FIrst.d merioan ?title Insurance Compaky of Oren wn aNw sd bums nrn. cl TITU IN,WRA„ nCE COMPANY Or (IRGGDN 1700 S.W. FOURTH AVENUF- PORTLAND, OR 97201-5512 c 4031222 17 28 IT 2g S Z-y 27 T 7' T 4200 4300 4500 AC .17 Aa 19 20 2t 22 23 24 25 26 19 20121 22 2'S 24 25 26 t 1 . 1 ~ 25 25 25 25 25 23 25 S 9100 ! 1 5300 51"t 8 200 1.51 AC .46 Ac. Pntz .29 AC, 1 2 3 4 15 6 7 8 ~ c) 2 3 4 0'o 6 7 8 ~ I f I I~ . 1. 1 .L ~ 1 1 1 1.. .lo ,,,L 5 1 • 9 + 3 36 •w 1 . t0 35osE. --35- - -L+ - 98-°; ,248 11 34 12 f 33 12 IZAC. 13 32 8700 13800 14 3t ./24C .23Aa 1 15 30 8_800 1 30 _ ' I6 't " .12 AC 119 10 EASE 97-55451 29 Aar AV Ar Arl 9101 0.go j(O$ 10D,03 1 100.03 _3T AC. + .45AC 8800 0 9 00 .41AC. 1 41AC. Jill fi $ 110 p. 0 `n s 6 b C9 A t3 O 8h ' b a a 10, f' ~.p r F y O 8 b a, is Ti b Q S aS S rA At U d as x a a~a~v ~ to 8 . 8 ~ r ~ ~ $ s ~ ~ D ~ . . a s a a a o jib s 15 gill, a ~ a^ a ~~A Z s~►s~a~~cC s a~gT all 4 of w n it f eJ of ~ r Y P a eJ r! 4 d - N 2 a +x'169 r ~ ►-i141 m O' ' y - V3 } aNZL t---'s-- 3Atl i No. 25 ` tde It 8500 1 l t The' rsa Roth TL J. T., Jr. & ve. 200 + !dent. No, 25 72nd 11 t 12606 8300 Tigard, OR 97223 I t 1 & Theresa Roth y j T., Jr. 2600 SW 72nd Ave.1200 to, f N 1 I t Tigard OR 97223 Nolfheir Lot 1 Tox Lof 87, t ddent. No. 26 1 ® To be Acqur TL 8600 W & Lynn L. Peirce /dent. NO. 24 Stephen 69th Avenue +Z E. Pollock TC 8700 12300 R 97223 Donold 58th 1202 + Jr, do Theresa Roth Tigord, ~ 1834 SW 1 J. j' 72nd Ave.1200 .s. 12600 S OR 97223 - r•«- - - s- - - Portland, OR 9722 W Tigard, 1 - - to Q z _ 88!70;..' •'::a. _ L . Roth' A N Q jr, Jr. & 12ndsAv,•pt?0o~} F`~"►' • t~0 B E V E SW' 37223. : i I Wn Lot 8800 l c Tax H l5© 1 x too') ~ t To be Acquired ldeTL 411OB t !dent. No. 28 + & Sue Bennett TL 9700 ` Denise Porter Street No 1 7991 SYJ Ltahawk Ident• No. 27 Ma rk R. Dona OR 97002 + 12585 SW 68th Avenue Tualatin. + TL J, F, Jr. & Th & rhereso Roth 1200 Tigord. OR 97223 1 t 12600 SW 72nd Avenue Tigard. OR 97223 t t 1 N t CITY OF TIGARD, OREGON ORDINANCE NO. 99- O`7 AN ORDINANCE CONFIRMING AND RATIFYING THE RESOLUTION OF THE CITY COUNCIL OF FEBRUARY 9, 1999, AS AMENDED, WITH RESPECT TO THE BOUNDARIES OF THE 69TH AVENUE LOCAL IMPROVEMENT DISTRICT (LID #49); DECLARING RESULTS OF THE HEARING HELD WITH RESPECT TO THE IMPROVEMENT; DETERMINING THE BENEFITED PROPERTIES TO BE ASSESSED; ESTABLISHING THE DISTRICT; AND ORDERING THE IMPROVEMENTS TO BE MADE IN CONFORMANCE WITH PLANS AND SPECIFICATIONS BEING PREPARED FOR THE IMPROVEMENTS. WHEREAS, Resolution No. 99-10 was passed by the City Council of the City of Tigard at its regular meeting of February 9, 1999, which described the boundaries of a proposed street improvement assessment district, and which declared the Council's intention to construct street improvements, including curb, gutters, sidewalk, streetlights, storm drainage facilities, sanitary sewer, waterlines, street trees, undergrounding of any overhead utilities, and appurtenances thereto, and to assess the costs for the improvements against the properties within the boundaries which have been found to be specially benefited; and WHEREAS, pursuant to the resolution, legal notice of the hearing scheduled for February 23, 1999 was given by publication in the Tigard Times on February 18, 1999 prior to the hearing; and WHEREAS; by the terms of the resolution a hearing was held at 7:30 p.m. on February 23, 1999 at the Town Hall Meeting Room in City Hall located at 13125 SW Hall Boulevard in Tigard, Oregon and was continued to March 9, 1999 at 7:30 p.m. for the purpose of affording an opportunity to any parties affected by the proposal to make objections or remonstrances to the proposed improvements; and WHEREAS, written notice regarding the continuation of the public hearing was given to all property owners in the proposed assessment district ten or more days prior to the continuation of the hearing in accordance with TMC 13.04.040 (b)(1)B; and WHEREAS, the preliminary plans and specifications for the improvements, the estimates of the work to be performed, and the probable costs of the improvements which each lot should pay were available to the public at the meeting and prior to the meeting; and WHEREAS, by the terms of the resolution and public notice,. written objections or remonstrances from not less than 66 2/3% by property area of the owners of the properties within the boundaries of the proposed improvement assessment district were invited as provided by TMC 13.04.040; and WHEREAS, all objections and remonstrances presented prior to the hearing and at the hearing represent less than 66 2/3% by property area within the improvement assessment district, and that the percentage of remonstrances is not a ban to further proceedings in the making of the improvements; and WHEREAS, all proceedings'to date have been in conformity with State Statute, the Tigard Charter, Chapter IX, §38, §39, and Tigard Municipal Code, Title 13, and all procedures were regularly and lawfully conducted. ORDINANCE NO. 99- 1:lc1tywidebr&Drdinance for Forrrwdon of 69° Avenue LID Page i of 3 NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: Resolution No. 99-10, adopted by the City Council on February 9, 1999, and attached and marked as Exhibit "A" shall be adopted as a part of this ordinance subject to the amendments set forth in Sections 5 and 6 of this ordinance. The amendments are a result of the public hearing proceedings, and the amended resolution is hereby approved, ratified, and confirmed. The boundaries of the area henceforth to be known as 69' Avenue Local Improvement District, as described in the resolution, are declared and fixed in accordance with the description. SECTION 2: The City Council, having acquired jurisdiction to order the improvements to be made, does hereby authorize the formation of the local improvement district and directs the Finance Director to prepare the Preliminary Assessment Roll. SECTION 3: The City Council further authorizes the acquisition of land as provided by State law and the Tigard Municipal Code, and the construction of street improvements within the boundaries of the 69th Avenue Local Improvement District in conformity in all reasonable particulars with the plans and specifications being prepared for this LID. SECTION 4: The estimated costs and expenses of the improvements to be assessed against the specially benefited properties is $1,228,005.00. The estimated costs include the cost of construction and installation of the improvements, advertising, legal, administrative, survey, engineering, notice, supervision, 'materials, labor, contracts, equipment, inspections and assessment costs; financing costs including interest charges; the costs of necessary property right-of-way or easement acquisition and condemnation proceedings; attorney's fees and any other necessary expenses. SECTION 5: All lands situated within the boundaries described on the attached Exhibit "A' are determined and declared to be a street improvement assessment district, and it is further declared that each lot, part of lot and parcel of land within said boundaries will be specially benefited by said improvements. The estimated cost is $1,228,005.00 for the improvements including land acquisition costs. The City of Tigard shall be a participant in the street improvement assessment district and shall contribute an amount not to exceed $200,000.00 for land acquisition costs to permit construction of the Beveland Street Extension between 68h Avenue and 69°i Avenue. The project costs estimated to be $1,228,005.00 shall be assessed, according to benefit, against all lands within the district, except that the City of Tigard shall contribute an amount not to exceed $200,000.00 that shall be used to reduce the costs assessible to the benefited properties. Benefit for the purposes of LID #49 is hereby determined to be derived according to improving both the property's ability to develop as set forth in the Comprehensive Plan and the Tigard Triangle Design Standards for the City of Tigard, and the property's access to the improvements. SECTION 6: The final costs of the improvements to be assessed shall be determined after completion of all improvements and acceptance of the improvements by the City of Tigard. The final methods of assessment shall likewise be determined after the improvements are completed and accepted. ORDINANCE 99--02 1:lciWMdebrd\Ord1na= for Formation of 69' Avenue LID Page 2 of 3 SECTION 7: The Tigard City Council finds that the 69" Avenue Local Improvement District improvements are loca: improvements of the character described in TMC 13.04.010(a) and ORS 310.140, and that they therefore qualify for interim financing pursuant to ORS 223.235. SECrTrON g: This ordinance small be effective 30 days after its enactment by the Council and approval by the Mayor. PASSED: By U n6XLl r n UILO vote of all Council members present after being read by number and title only, this q'-3T day of .1999. Catherine Wheatley, City Recorder APPROVED: By Tigard City Council this = day of 999. es Nicoli, My Yor Approved as to form: City ey Date ORDINANCE NO.99. O? 1.\citgwidebrd\Ordinaixe for Fomntion of 69' Avenue UD Page 3 of 3 CITY OF TIGARD, OREGON Exhibit "A" RESOLUTION NO.99- /0 A RESOLUTION DECLARING COUNCIL'S INTENTION TO FORM A LOCAL. IMPROVEMENT DISTRICT (LID) TO IMPROVE 69TH AVENUE AND CERTAIN OTHER STREETS WITHIN THE TIGARD TRIANGLE IN THE CITY OF TIGARD. WHEREAS, 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 69' Avenue between the south right-of-way line of SW Dartmouth Street and the south right-of-way line of the proposed extension of SW Beveland Street (i.e. the south property line of Tax Lots 9100, 8800 and 8600, 2S101AA) • SW Elmhurst Street between SW 68°i Avenue and SW 70d' Avenue • SW Franklin Street between SW 68t° Avenue and SW 69' Avenue • SW Beveland Street between SW 69' Avenue and SW 7& Avenue • SW Dartmouth Street between SW 69ie Avenue and SW 701h Avenue (South side only); and WHEREAS, the proposed improvements include upgrading the streets to full city street standards, including sewer, water, storm drainage facilities, curbs, gutters, sidewalks, street trees, and undergrounding of any overhead utilities; and WHEREAS, the Engineering staff prepared a preliminary evaluation report which was submitted to City Council for discussion and direction during the meeting of October 13, 1998; and WHEREAS, the preliminary evaluation report determined that the proposed LID appears feasible and recommended that City Council take the next step in the LID formation process by authorizing the preparation of a preliminary engineering report; and WHEREAS, the City Council discussed the proposed LID, heard the pros and cons about the proposed LIL, and provided an opportunity for input by the initiators of the LID and other property owners; and WHEREAS, tue City Council by Resolution No. 98-52 authorized the preparation of a preliminary engineering report for the proposed LID; and WHEREAS, the City Council has provided additional guidance since the meeting on October 13, 1998 to extend the LID boundary south to Hampton Street, and to include the extension of Beveland Street from 69' Avenue to 68' Avenue to satisfy the requirements of the Tigard Triangle Street Plan; and WHEREAS, the City has retained the firm of DeHaas and Associates,'Inc. to prepare the preliminary engineering report; and WHEREAS, DeHaas and Associates, Inc. has completed the preliminary engineering report, which includes extension of the LID boundary to Hampton Street and the extension of Beveland Street from 69" Avenue to 68°i Avenue; and RESOLUTION NO. 99-Lo Page 1 Y~'[1Glti`ir10, iic Ytcusuuliuy G11~litGaaa~i6 ia.~.Jii i ~ _ n: ~ ~ : .,....r.'~ :.::.t: C • , + wV1lLL1 tillua uaua v.a r." .v. of the LID as proposed in the report. NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: SECTION 1: The City Council hereby declares the intention to form a local improvement district (LID) to improve the following streets within the Tigard Triangle in the City of Tigard: • SW 69th Avenue between the north right-of-way line of SW Hampton Street and the south right-of-way line of SW Dartmouth Street • SW Elmhurst Street between SW 68th Avenue and SW 70th Avenue • SW Franklin Street between SW 618th Avenue and SW 69th Avenue • SW Beveland Street between SW 68th Avenue and SW 70th Avenue • SW Dartmouth Street between SW 69th Avenue and SW 70th Avenue (South side only) SECTION 2: The improvements will include street, storm drain, sanitary sewer, water, sidewalk, lighting, undergrounding power-telephone-TV, and rather ancillary improvements necessary to bring the streets up to full City standards. Basic construction will be procured in accordance with City of Tigard construction contract procurement procedures. Portions of construction may be completed by public utilities (sewer, telephone, TV and water). Miscellaneous construction may be provided by City Forces. SECTION 3: The estimate of probable total costs of the improvements is $1,228,005.00. SECTION 4: The methods of assessment shall be as follow: a. Street and Water Quality Improvements 50% of costs on a Frontage Basis' 50% of costs on an Area Basis b. Storm Drain end Detention Improvements 100% of costs on an Area Basis C. SaHIM Sewer Improvements Service extension costs on a Per Each Basis Remaining costs on an Area Basis d. Water Improvements Service extensions and new hydrant costs on a Per Each Basis e. Sidewalk Improvement 100% of costs on a Frontage Basis f. Street Trees and Barkdust 100% of costs on an Area Basis g. Undergrounding Power. Telephone and TV 100% of costs on an Area Basis RESOLUTION NO.99-/! C) Page 2 h. Ancillary 1mVrQyeLnents 100% of the following costs on an Area Basis: 1) 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. 2) Add catch basin and lateral at NW corner of 69th and Hampton. 3) Reconstruct wheelchair ramp at NW corner of 69th and Hampton, if deemed necessary. d) Street Lighting SECTION 5: The public hearing to hear remonstrances shall be conducted during the City Council meeting on February 23, 1999 at 7:30 p.m. in City Hall, Town Hall Meeting Room, 13125 SW Hall Blvd., Tigard, Oregon. SECTION 6: Proper notice shall be given regarding the time and date of the public hearing to hear remonstrances. This notice should include the streets in the proposed LID and a brief description of the proposed public improvements. PASSED: This day of -ebr 1999. or - City of Tigard ATTEST: aMLI:jile- City Recorder - City of Tigard L1C"idewesY%noWtJon d totem b Form $91 Avenue LIO RESOLUTION NO. 99-L Page 3 r v ~ FAX TRANSMITTAL Date August 24, 1999 Number of pages including cover sheet 3 To: Honorable Mayor & Ci Council From: Cathy Wheatley. City Recorder Co: Co: City of Tigard Fax Fax 684-7297 Ph 639-4171. Ext. 309 SUBJECT: Additional Council Agenda Item Summary - Non Agenda for 8/24/99 Meeting MESSAGE: Here is a second non-agenda item. The Engineering Department wanted to get this request for Council approval (land acquisition on 69 Avenue LID project) to you as quickly as possible and, since the next Council meeting after tonight is not until September 14, they requested this be placed before you on the non-agenda tonight. The other non-agenda item is for 1999-2000 Pavement Major Maintenance Program contract award. Yesterday we faxed to you the Council Agenda Item Summary for this LCRB request for approval. Bid results will be known this afternoon and a compilation and recommendation for bid award will be distributed to you during tonight's Study Session. will have extra copies of both Non-Agenda topics available tonight. 1AENGFAX.DOT