City Council Packet - 11/21/2000
fl , t
RSHO
NOVEMBER 21 2000
I
COUNCIL MEETHF4G ILL
OT BE-,,
TEL VISE
H.Veannle%docslccpkt2
y t
' i 1 If 1 {
• ( H tf 1 t l~f Y.
a
Revised 11-17-00
CITY OF TIGARD
PUBLIC NOTICE:
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 503-639-4171, Ext. 309 (voice) or 503-684-2772 (TDD - Telecommunications
Devices for the Deaf).
Upon request, the City will also endeavor to arrange for the following services:
• Qualified sign language interpreters for persons with speech or hearing impairments;
and
• Qualified bilingual interpreters.
Since these services must be scheduled with outside service providers, it is important to allow
as much lead-time as possible. Please notify the City of your need by 5:00 p.m. on the
Thursday preceding the meeting date at the same phone numbers as listed above: 503-639-
4171, x309 (voice) or 503-684-2772 (TDD - Telecommunications Devices for the Deaf).
SEE ATTACHED AGENDA
COUNCIL AGENDA - NOVEMBER 21, 2000 - PAGE 1
f
•T
AGENDA
TIGARD CITY COUNCIL WORKSHOP MEETING
NOVEMBER 21, 2000
6:30 PM
1. WORKSHOP MEETING
• Call to Order - City Council
• Pledge of Allegiance
• Council Communications U Liaison Reports
• Call to Staff and Council for Non Agenda Items
6:35 PM
2. REVIEW AND DISCUSSION OF UNIFIED SEWERAGE AGENCY'S (USA)
PROPOSED MODEL CONTRACT
a. Staff Report: Public Works Staff
b. Review and Discussion: Council, City Staff, USA Staff, and City Attorney
7:35 PM
3. BRIEFING ON POTENTIAL NEW CITY CODE SECTION GOVERNING
TELECOMMUNICATIONS FRANCHISES
a. Staff Report: Finance Staff
b. Council Discussion, Questions, Comments
C. Council Direction: Should staff prepare amendments to the Tigard City
Code to add a new section governing telecommunication franchises?
8:05 PM
4. CONSIDER A PROPOSAL FOR THE CITY OF TIGARD TO BECOME A "TREE
CITY USA"
a. Staff Report: Public Works Staff
b. Council Discussion, Questions, Comments
C. Council Motion: Should the Department of Public Works - Parks Division
pursue "Tree City USA" status?
8:25 PM
S. UPDATE ON MERESTONE AREA WETLANDS ENHANCEMENT PROJECT
a. Staff Report: Engineering Staff
b. Council Discussion, Questions, Comments
COUNCIL AGENDA - NOVEMBER 21, 2000 - PAGE 2
e
9:05 PM
6. UPDATE ON THE SCHEDULE FOR THE TRANSPORTATION SYSTEM PLAN
a. Staff Report: Community Development Staff
9:25 PM
7. COUNCIL LIAISON REPORTS
9:35 PM
8. NON-AGENDA ITEMS
9:45 PM
9. EXECUTIVE SESSION: The Tigard City Council will go into Executive Session under
the provisions of ORS 192.660 (1) (d), (e), (f) 8T (h) to discuss labor relations, real
property transactions, exempt public records, and current and pending litigation
issues. As you are aware, all discussions within this session are confidential; therefore
nothing from this meeting may be disclosed by those present. Representatives of the
news media are allowed to attend this session, but must not disclose any information
discussed during this session.
10:00 PM
10. ADJOURNMENT
1:\ADM\CATHY\CCA\001121. D OC
COUNCIL AGENDA - NOVEMBER 21, 2000 - PAGE 3
Agenda Item No. 3 /
Meeting of 12 -12 • DQ
TIGARD CITY COUNCIL
MEETING MINUTES - NOVEMBER 21, 2000
1. WORKSHOP MEETING
• Mayor Griffith called the meeting to order at 6:35 p.m.
• Council present: Mayor Griffith; Councilors Hunt, Moore, Patton and Scheckla
2. REVIEW AND DISCUSSION OF UNIFIED SEWERAGE AGENCY'S (USA)
PROPOSED MODEL CONTRACT
Staff representatives from the City and USA have been working on a model contract
for cooperative operation of sanitary and sewer and surface water facilities. Existing
1970 agreements are not complete, do not reflect current operating conditions with
the urban area of Washington County and do not comply with a new Conveyance
Management Study. City of Tigard and USA staff reviewed with the City Council the
USA conveyance system study and model contract.
s
Operations Manager Mike Miller presented the staff report. Also present from USA
were Chris Bowles and Bob Cruz. City Attorney Ramis was present via telephone
(speakerphone). Operations Manager Miller reviewed a PowerPoint presentation
(copy is on file with the City Recorder). Highlights of the presentation included
background information on "how we got here", a review of draft #1 and #2 of the
USA Model contract; consensus points between Tigard Public Works and USA; and
the impact of the USA model contract.
Operations Manager Miller advised that USA agrees to provide funding for City of
Tigard sanitary and storm maintenance programs as long as funding is available.
City Attorney Ramis noted the areas where he had recommended changes, which
included:
• a review of some of the technical requirements
• language amendments so that the City cannot be held responsible for any
regulatory violations if program funding is not provided by USA
• the provision that, as USA entered into contracts with other jurisdictions,
the City of Tigard would be able to amend its contract with wording from
these other contracts if that wording was more favorable toward the City
COUNCIL. MEETING MINUTES - NOVEMBER 21, 2000 - PAGE 1
Chris Bowles of USA noted that the City of Tigard was being asked to take on more
work than the other jurisdictions. He referred to the service area proposed. The
agreement allows the City of Tigard to decline servicing these other areas if Tigard
does not agree with the proposed funding. In addition, Tigard would not be held
liable for claims citing that the system is not large enough to handle demands.
Discussion followed. Mayor Griffith advised he would not want Tigard to accept
responsibility without corresponding authority.
City Manger Monahan and Operations Manager Miller explained that additional
staffing would be required since the proposed agreement would increase the service
area for the City by 70 percent. "Make whole" provisions for adequate funding are
included in the agreement.
Council members indicated that it should be clear that if funding is not available, the
agreement shall become null and void.
City Attorney Ramis noted he would draft a cover letter advising that the City would
be approving the agreement as to form; however, the agreement would not be
binding until the financial provisions have been outlined and accepted.
A final draft of the agreement will be submitted on December 14, 2000, to the City
Council for its review and approval.
3. BRIEFING ON POTENTIAL NEW CITY CODE SECTION GOVERNING
TELECOMMUNICATIONS FRANCHISES
Finance Director Prosser reviewed proposed amendments to the Tigard City Code to
add a new section governing telecommunications franchises. Given the number of
telecommunication companies seeking franchises from the City of Tigard, and the
need to treat all franchises on a "competitively neutral" basis, Finance Director Prosser
and City Attorney Ramis reviewed elements of a proposed new section to the Tigard
Municipal Code. This new section would create an overall framework for
telecommunications activity within Tigard, codify minimum requirements, add
requirements to address problem areas, and provide consistency among City
' franchises. A memorandum from Gary Firestone of the City Attorney's office dated
{
November IS, 2000, along with a draft Telecommunications Franchise Ordinance is
on file with the Council meeting packet materials. Also, a copy of Finance Director
j Prosser's PowerPoint presentation is on file with the City Recorder.
Finance Director Prosser noted that cities in the area have been meeting to discuss
agreements concerning telecommunications franchises. The proposed ordinance
COUNCIL MEETING MINUTES - NOVEMBER 21, 2000. PAGE 2
would allow the City to better manage franchises by setting out standards for denial
and coordination of construction. In addition, this would also help weed out requests
for franchises that are speculative.
City Attorney Ramis discussed with Councilor Patton the fact that the proposed
ordinance provided that the City could deny a franchise. She questioned where an
applicant would appeal this decision? City Attorney Ramis referred to the judicial
Review Act and that an appeal would be a legislative determination. Councilor
Patton recommended that language be added in the standards for determination to
read, "for existing franchises" (granted under this Code).
City Attorney Ramis and Finance Director Prosser explained that the public liability
insurance amount was developed after discussion with other jurisdictions. In response
to Councilor-elect Dirksen's question whether $3 million for public liability would
impose an undo impact on smaller companies, Finance Director Prosser noted that this
industry is rapidly changing and the insurance provisions could be considered at the
next review. City Attorney Ramis agreed that this ordinance would be revisited
regularly.
Y
Consensus of the City Council was to direct staff to place an ordinance on the
December 19, 2000, City Council agenda for consideration.
(The telephone connection with City Attorney Ramis was disconnected at this point in the
meeting.)
4- NON-AGENDA - DISCUSSION OF MEMORANDUM OF UNDERSTANDING
(MOU) RELATING TO WATER SUPPLY (SOUTH FORK)
Councilor Hunt requested that he be allowed to comment on the status of a draft
MOU while Public Works staff was still available at the meeting. Councilor Hunt
advised that South Fork has been very cooperative and fair in its discussions with City
of Tigard. He advised that he did not want to be viewed as critical, but he had some
issues that needed to be discussed. He noted at a recent presentation of the draft
MOU at a South Fork Water District meeting there were several areas where he had
concern, which included:
• Board composition was being proposed for 11 members. Two members would be
sent from each jurisdiction with an additional member selected on a scheduled
rotation between West Linn and Oregon City. One proposal was that board
members be elected. Councilor Hunt noted his preference would be that a Council
member and a staff member be selected to serve on the board. The Council
member would be the voting member on the board.
.►r+~ n~nI ■B TINIC NA,1,NI ITES _ RIM/ERASER 91 ~nnPl . a®C;F
6rdJtJItlLIL IVI 1 IIVV 1l11V Lv - nv e `wwe.. r I onnn
• One jurisdiction should not have the ability to stop an issue favored by the other
member jurisdictions.
• The Intergovernmental Water Board should be allowed to review and approve the
agreement.
City Manager Monahan advised of the discussions between staff members, noting that
the City staff suggested the 11-member board. The City Council should discuss the
issues raised by Councilor Hunt before the City proceeds much further in discussions
with South Fork. More discussion will be scheduled at a Council Study Session on
either December 12 or 19.
4. CONSIDER A PROPOSAL FOR THE CITY OF TIGARD TO BECOME A "TREE
CITY USA"
Urban Forester Stine presented the staff report utilizing a PowerPoint presentation,
which is on file with the City Recorder. The benefits of and requirements for
becoming a Tree City USA were reviewed.
Council discussion followed. Councilor Patton and Moore indicated support for
proceeding to become a Tree City USA. Councilor Scheckla noted concerns with
membership composition of the Tree Board and that members should be
knowledgeable about trees. Councilor Patton indicated that she thought people could
be educated. City Manager Monahan advised that letters of interest could be solicited
by the Volunteer Coordinator asking for people who are interested in serving on a
Tree Board. Councilor Hunt advised he did not see an advantage in conducting a
street tree inventory.
Mayor Griffith asked for direction from Council as to whether the staff should
proceed with the Tree City USA program. Councilors Hunt and Scheckla abstained
from giving direction. Mayor Griffith and Councilors Moore and Patton said staff
should proceed.
5. UPDATE ON MERESTONE AREA WETLANDS ENHANCEMENT PROJECT
City Engineer Duenas presented the staff report. He reviewed the two options
considered for this project:
COUNCIL MEETING MINUTES NOVEMBER 21, 2000. PAGE 4
Option 1: Ponds in the backwater areas completely drain back to the
stream as flows recede.
Option 2: Modification of the above option by including grading that
created ponds in the backwater areas so that ponds would
remain during periods of low flow.
The second option was preferred by the neighbors; however, the regulatory agencies
would not permit this option. At a September 20, 2000, meeting, with neighbors,.
consensus was that since the preferred option was not available, the beaver dam and
pond should be allowed to remain and there should be no further efforts toward a
wetland enhancement project. The. current water level of the pond would be
allowed to remain and the City would assist a neighborhood maintenance team in
monitoring the level of the pond and removing the debris. The regulatory agencies
have no objection to this approach. City Engineer Duenas described how water
levels could be maintained.
Maintaining the current water level results in the pond covering the southern ends of
seven lots along Merestone Court. Therefore, permission to continue maintaining
the water level from seven property owners is required. City Engineer Duenas
noted all but two owners have given permission. Ron Wridge and Ed Gallaher of
the Merestone neighborhood were present. They advised they thought the other
two property owners were in favor, noting that almost everyone in that
neighborhood bought their homes because of the pond.
6. UPDATE ON THE SCHEDULE FOR THE TRANSPORTATION SYSTEM PLAN
(TSP)
City Engineer Duenas reported schedule changes for the TSP. A public meeting will
be held on December 4. The Planning Commission will review on December 18
followed by a Council workshop meeting early next year.
7. COUNCIL LIAISON REPORTS: None.
8. NON-AGENDA ITEMS
City Manager Monahan noted receipt of a letter with regard to filing a claim
related to Measure 7. City staff is working on a process for accepting claims.
Measure 7 becomes effective on December 7, 2000.
COUNCIL MEETING MINUTES - NOVEMBER 21, 2000. PAGE 5
e City Manager announced the following:
❑ Tree lighting event sponsored by the Tigard Central Business District
Association will be held on November 24, 2000.
❑ City of Tigard Holiday Tree Lighting scheduled for December 1, 2000 at the
City Hall.
❑ Senator Ryan Deckert and Representative Max Williams will be asked to meet
with Council at on December 12 or 191 2000.
Councilor Patton advised that she has applied for one of the legislative committee
administrative positions during the upcoming legislative session. She noted she
would be a staff member not a decision-maker and did not anticipate any
problems with conflicts affecting her responsibilities as a Council member.
Mayor Griffith reported on a recent meeting with elected officials from nearby
jurisdictions. He reported that Beaverton Mayor Rob Drake was asked by the
League of Oregon Cities to chair a committee to review Ballot Measure 7.
9. EXECUTIVE SESSION: Canceled.
10. ADJOURNMENT: 9:40 p.m.
~f
Attest: Catherine Wheatley, I ecor
- A . QUA4. - a_
or, rty o d
Date: M~~ oa. ~QaD
I:\AD M\CATHY\CCM\001121. D OC
a
COUNCIL MEETING MINUTES - NOVEMBER 21, 2000 - PAGE 6
AGENDA ITEM # Z
FOR AGENDA OF 11-21-00
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
ISSUE/AGENDA TITLE Review and discussion of Unified Sewerage Agency's proposed model contract
PREPARED BY: Ed Wegner DEPT HEAD OK v~ CITY MGR OK _
ISSUE BEFORE THE COUNCIL
Discuss with Public Works staff and USA officials, the City of Tigard's involvement regarding implementation
of the USA conveyance system study and model contract.
STAFF RECOMMENDATION
Staff recommends proceeding with negotiations of the model contract with USA. If all parties agree a formal
approval could be made at the December 19th, City Council meeting.
INFORMATION SUMMARY
For more than two years, staff from the City and USA have been working on this project. A conveyance system
management study was completed in November of 1998. This study outlines maintenance performance
standards and proposed maintenance service areas (copy attached). After the study was complete, staff began
reviewing the existing 1970 agreements. It was found that the existing agreements were not complete and did
not reflect current operating conditions within the urban area of Washington County and would not comply with
the new Conveyance System Management Study. See attached copy of letter from Mr. Bill Gaffe, dated May
19, 2000 outlining the specific need for agreement changes. Also enclosed are the latest Agency/ City
agreements. The final changes are due by the week of November 13th and I will then forward you the latest
agreements as City attorney Ramis and I envision it.
OTHER ALTERNATIVES CONSIDERED
None available
i
i
VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY
i
+ Although not directly stated as a Visioning Task Force Goal, this agreement should be addressed in order to
provide services in a more efficient manner for the citizens and ratepayers.
FISCAL NOTES
All costs for the City to be responsible for maintenance would be reimbursed by the Unified Sewerage Agency
for both within the City limits and a proposed expanded service area
mill
I ---y i-a
j
i.
r
C
v -
t >
-1
1
1
I
.,✓ri !!rat .i~.. 1..:~ : ,..ri`~. ~y M. ,.~~er.
, 4~t ~ ~
r
F` ~ _
SG'.
y~ ~ b~
hews'
,Q~` ~ L ~ ~ -
:~c.:. _
_ a ~ -
~ir ~ _ -
1~
1^~
1
t
7
1
_ _
_ - _
_
~ ~ _
~ _
~ ~
4
I
i
e t i . Ut
r~~• ~~+f~t ~rb~e..*.<~r :,fir" ti ~ ~''i2cr
r ~ s
YY
~fvY
C_
YC~
' ' I I 1 I 1 t 1 t I I 1 ' I I ~ 1 I i t 4
ri rr rj-, 1 r
~R
rl j,
r ;
I1I
1 _
1
~ f
i
i
i~ .4fdzi.~.• ~":C.L~r•,~ ,i~,~,~.i' ."k~?~.bL:f~ C~~•ry4
-
'1 ~ -
`1`y -
- - _ _
-
~ _ _ -
-s- ~ _ - _ _
- -
- ~I
_1
_ _
_ ; - _ _
1-~ ,/-1
-
, _
= °1
1 ---i
~
a, i,
, TMp
I
t
A`~
I
1
' I~ I I' ' 1 11 1 I I ' ' a
1
' I I I ' ' 1 I I 1 t 1 i 1 h
Ag:
' I 1 I ~ 1 I 1 1 I ar
1
1 I ' ~ I I I ' ' I I 1 I 1 1 1 /
' I 1 I 1 I 1 1
_1.
I I 1 1
.f
I 1~ 1 1 I I I I I I I •r~
1
t~
FIN
rl FMI 1 t 1 I I rI ; ~t 1 r~ l r~~ (((r x
.F 1 1 r I r
11" i~i itillmim !!III
r'i'~x~i~ xtc~~t ~+.~'R~~~Sf ~~fN-~.n`~[~ y ~ k 1x ?•'"~f~• Nc:. _ ~ -
CONVEYANCE SYSTEM MANAGEMENT STUDY
NOVEMBER 1998
Prepared for.
UNIFIED SEWERAGE AGENCY
of Washington County
155 N. First Street, Suite 270
Hillsboro, Oregon 97124
Prepared by.
Shaun Pigott Associates
1045 NW Bond Street, Suite 5
Bend, Oregon 97701
541.383.1960
1n Association With
KCM, Inc.
Donovan Enterprises
Brown & Caldwell
URS Greiner/Woodward Clyde
Section 1
EXECUTIVE SUMMARY
BACKGROUND
Since the Agency's formation in February of 1970, a comprehensive analysis and program for
coordinated, on-going and efficient delivery of sanitary sewer and stormwater maintenance
services has not been prepared for the entire service area. This Project was designed to identify
opportunities to gain efficiencies in the provision of service to the public through
benchmarking and assessment of the maintenance needs for these conveyance systems. This
benchmarking includes collection of inventory data to better understand the amount of
infrastructure needed to be maintained and proposes service levels and performance standards
to optimize and standardize the maintenance programs of both systems. In addition, the Project
produced an information database necessary to prepare annual maintenance work plans, and
evaluate specific maintenance functions, their frequency and costs. This work program
provides an estimate of the resources required to support these levels of maintenance activities
and introduces approaches to maximize the cost-effectiveness of sanitary and stormwater
maintenance services. The schematic on the following page provides an overview of the •
maintenance planning process used to develop the Conveyance System Management Study.
The public stormwater system within the overall service area involves an estimated 26,500
catch basins (both sumped and flow through varieties); at least 42,000 lineal feet of drainage
ditch; 4,740,000 lineal feet of stormwater pipe; 348 detention basins/water quality facilities and
7,665,000 lineal feet of sanitary sewer line. This infrastructure is distributed over a 123 square
mile service area that includes 80% of Washington County's population.
As part of this project, these conveyance system facilities have been reviewed with field
operations personnel in terms of the following maintenance issues:
• key activity descriptions
• priorities
• staffing
• timing factors
• equipment
• opportunities to contract out for services
In addition to these recurring maintenance requirements, the cities and the Agency deal with a
significant number of stormwater and sanitary sewer related complaints. The volume of these
work requests has risen due to the initiation of a stormwater service charge and increased
public awareness of the stormwater utility's responsibilities. The increasing awareness of water
quality as it is related to stormwater runoff is also generating inquiries which must be
addressed in a timely, accurate and consistent manner.
Conveyance System Management Study
project Scope and Final Status
pro,
o Inventory of the sani system
has been developed by the o Develop and execute annu lm viand ance
INVENTORY Agency; the storm inventory is ANNUAL work plans between the Age
& generally incomplete within both MAINTENANCE each City.
CONDITION the Agency and the cities CONTRACTS
to be maintaiVALUES o Field notes and changes o Based on the inventory
to inventory should be and the frequencies, labor and equipment
costs (see approved standards); specific
consolidated on master \
inventory correction map resource requirements are established.
for monthly review and
EFFORT annual update
LEVEL
ESTIMATES RESOURCE
NEEDS AND WORK
WORK PROGRAM REVENUE SCHEDULES
0 The Conveyance System Field & BUDGET ALLOCATION
Maintenance Standards
o An annual maintenances rthe
long program term will be developed
on s planning
field op
PERFORMANCE
tool for the overall service area.
STANDARD
VALUES
o Each year or biannually, the Cities and
o The value contained in the CONTRACTING Agency writ evaluate outsourcing
adopted standards will be us d as OUT FOR
MAINTENANCE opportunities.
the basis for estimating work FUNCTIONS ACTIVITIES
schedules.
o Quarterly summary reports from each COMPLETED
ESTIMATED jurisdiction will compare planned vs actual
RESOURCE field results and costs.
REQUIREMENTS
1 '
I
o Labor, equipment and PERFORMANCE &
I contracted services COST
REVIEW, SUMMARIES WORK REPORTS
costs will be revised EVALUATION &
annually
WORK CONTROL
Executive Summary
TECHNICAL REVIEW COMMITTEE
The Project Team's approach toward this analysis has been based on the principle that
development of the Conveyance System Management Study be done in cooperation with the
impacted cities. Accordingly, the process began by interviewing key persons involved with
conveyance system maintenance and reviewing the objectives for this project and the key issues
involved. These persons were also given an opportunity to comment on the major points
developed during these meetings. Those specifically involved during this initial data collection
phase and as members of the Technical Committee for the Project included:
• Dan Boss & Ernie Rode; Tualatin
Lee Weislogel; Sherwood
• Cal Bowersox; Forest Grove
• Joe Thompson, George Kneese & Tom Arnold; Hillsboro
• Rob Dixon and Mark Crowell; Cornelius
• Steve Baker, Keith Stone & Len Apling; Beaverton
• Ed Wegner and Eric Hand; Tigard
• Chris Bowles, Steve Keenon, Dave Nutt, Ted Claussen & Mike Young; USA
STUDY OBJECTIVES
This study has a number of objectives designed to determine:
1. operational strengths and weaknesses of the current stormwater program;
2. standards for sanitary sewer and stormwater maintenance activities, including frequencies,
production standards, staff requirements, work procedures, equipment and material
requirements;
3. reconciling proposed field maintenance standards with the Agency's commitment to
implementing "Best Management Practices" for sanitary sewer and stormwater programs;
4. opportunities for consolidation or, outsourcing, and/or regionalizing specific functions and
definition of these opportunities in terms of cost/benefit to the cities and Agency;
5. procedure for the annual costing of specific maintenance activities with the objective of
establishing a common budgeting database from which annual field maintenance work
programs can be accurately forecast;
6. evaluation of co-location of maintenance hubs and equipment sharing, annexations and
maintenance service area boundary definitions.
Conveyance System Management Study
Executive Summary
These topics provide the framework for the Conveyance System Management Study and have
served as key issue points during individual and Technical Committee meetings.
Inventory Data
Overall, mapping of the sanitary sewer collection system is much more complete and accurate
than inventory data for the stormwater system This is true within the unincorporated area and
the cities. The Agency began a GIS-based mapping process a number of years ago and has
developed an in-house "GDS" system for most of the sanitary infrastructure and portions of the
stormwater system. This GDS platform is now being converted to ARCINFO. On-going use of
GIS in terms of maintenance scheduling or condition assessment is just being initiated. The
cities are in large part reliant on hard copy maps for purposes of systems inventory and
condition assessment. Maintenance schedules are typically reflected on wall maps or aerial
photos with infrastructure overlays that are used to track completed maintenance and crewing.
Maintenance Staffing
Most cities do not employ dedicated crews for either sanitary sewer or stormwater system
maintenance. The cities approach field maintenance through a pooling of personnel who can be
assigned to water, sewer, stormwater or street maintenance operations. USA does assign
personnel to specific stormwater or sanitary programs for ongoing system maintenance. Street
sweeping, water quality facility maintenance, ditch cleaning, storm and sanitary line cleaning,
TV inspection, and system repair are all performed by separate groups within USA's Field
Operations.
Overall, it is estimated that 46 FTE's are allocated to stormwater maintenance and 37 FTE's to
sanitary (exclusive of Sherwood and Cornelius where specific FTE allocations are not used).
Contract Services
Various cities, over recent years, have expanded outsourcing for conveyance system
maintenance including TV inspection, street sweeping, line cleaning and some catch
basin/vactor services. The primary focus of these contracts has been in activity areas requiring
specialty equipment not currently owned or soon to be retired by the city. In terms of
stormwater system maintenance, the specialty equipment is a combination cleaner truck,
regenerative air street sweepers, and TV inspection units. In all cases, these services appear to
be cost-effective with the level of service provided consistent with the USA Guidelines. USA's
outsourcing activities have focused on overload street sweeping functions typically involving
sand removal.
n
" Maintenance Programs and Performance Standards
The current maintenance programs have evolved over time to their current levels. The Agency
formally adopted the SWM maintenance program by Resolution and Order in 1994. The cities
have generally followed the maintenance programs established by the Agency. In all cases, the
cities use these standards as targets for conveyance system maintenance scheduling. Overall,
most cities meet these targets with lapses occurring mainly in the stormwater maintenance
areas.
Conveyance Systern Management Study
Executive Surnniary
Budgeting/Time Reporting
Existing time reporting and budgeting for conveyance system maintenance - labor and
equipment are broadly defined under existing accounting structures which limits the ability of
the cities and the Agency to relate specific resource requirements to units of production. Again,
Forest Grove has implemented and uses a maintenance management system which does
identify specific cost centers and relates these to reported maintenance production. Tigard also
makes use of a maintenance management system for its sanitary sewer pipe cleaning activities.
Because the integrity and use of any conveyance system maintenance program will be closely
linked with each jurisdiction's ability to plan and track field activities, a credible activity
reporting system is essential. Therefore, this project has proposed a simple and useable
structure for reporting work activities in order to develop a "planned" versus "actual"
comparison of work performed within the cities and USA service areas.
MAINTENANCE ISSUE SUMMARY
During discussions with city and USA maintenance personnel, a number of specific issues were
identified as needing to be addressed through this project. These issues and a short summary of
recommendations follow:
C Detention Facility/Water Quality Facility Maintenance - The water quality facilities within the
cities and USA service area are mandated under DEQ requirements. While required
facilities, they need to consider maintenance in terms of both access and overall design. A
differentiation between issues related to aesthetics versus function should be made when
maintenance policies are established. In addition, there should be a coordinated policy
among the jurisdictions as to water quality facility maintenance and when/if/under what
conditions these facilities should be dedicated to a city or USA. Use of regional facilities -
when and if they can be sited - should also be considered. An initial recommendation was
made for USA to assume maintenance responsibilities for all of these facilities, but that
recommendation was not supported. The recommendation was revised to have the Agency
continue to work with the Cities to standardize design and maintenance practices, and to
continue to pursue opportunities for regional facilities.
• Optimize Maintenance Responsibilities - In the case of Beaverton, where service area
expansion is occurring in a direction that further separates its Operations hub on the east
end of town from growing service demand along its western boundary, some assessment of
equipment location /personnel staging areas needed to be considered. The same is true for
USA where its Operations hub is a significant distance from urbanizing unincorporated
areas such as the S.E. portion of the County and the Cedar H lIs area. These types of
equipment/ personnel location issues were evaluated in terms of possible co-location/joint
city-USA facilities, and/or redefinition of maintenance responsibilities. The travel times and
miles currently being experienced by some of the jurisdictions were reviewed as part of this
assessment. The results of the evaluation is a recommendation to redefine areas of
maintenance responsibility with each city and the Agency assuming responsibility for
providing basic maintenance services in the proximity of their field yard and following
drainage basin lines, regardless of city limits lines. A proposed map showing jurisdiction
boundaries has been prepared.
Conveyance System Management Study
Executive Swrunarv
• Stabilized Maintenance Boundaries - The boundaries of cities within the USA service area are
in a constant state of change due to annexation. In addition, some cities have annexed in a
pattern that creates islands of unincorporated area. These conditions create uncertainty as to
responsibility for specific areas of stormwater and sanitary sewer maintenance. In other
instances, inefficiencies are created where maintenance equipment and crews service a
checkerboard layout of infrastructure. The recommendation is to utilize the maintenance
responsibilities and map defined above which optimizes efficiency, and stabilize this
boundary such that it is independent of future annexations.
• Systems Development Charges - While not a part of the review of the maintenance programs,
the methodology for allocating both sanitary and SWM SDC's were evaluated. It was
recommended that a new method for determining the amount of SWM SDC be developed.
Regarding the allocation of SDC revenues between the Agency and city, it was determined
that the current methods are outdated, and that new methods based on actual need be
developed.
• Regional Services - Certain work elements require specialized equipment and/or training. It
is not cost-effective for all cities and the Agency to go to the expense of providing these
specialized services. Individual work elements were evaluated, and a list of services which
fall into this category was developed. The recommendation is that the Agency or a private
contractor provide these services if it is not cost-effective for a city.
• Maintenance Cost Reimbursement - Under the existing structure for the "in-city" stormwater
service charge revenue allocation, 75% ($3/ESU/month) is retained by the city and 25%
($1/ESU/month) goes to USA. Under the existing structure for "in-city" sanitary sewer
service charges, 30% is retained by the city and 70% transferred to USA (note that revenue
bond payments "come off the top" for all service charge revenues). The 75% stormwater
and 30% sanitary allocation for the cities is intended, for the most part, to support on-going
operations and maintenance of these systems. The current methods of allocating the
monthly service charge revenue was determined to be inadequate. It is recommended that a
new method be developed to more accurately relate the costs of providing maintenance
services with the allocation of service charge revenue.
• Maintenance Program, Performance Standards, and Competitiveness - The existing maintenance
programs were reviewed to assure they provide reasonable levels of service intended to
ensure that the system operates to design capacity; protects the sanitary sewer treatment
i works and is consistent with regulatory/BMP requirements established through USA. The
a work programs have been reviewed as part of this study to determine "how much is
actually enough" and to better integrate the condition of the conveyance system with the
level of service. Performance standards were also reviewed to assure they meet industry
standards and that they are competitive with private industry. These "industry performance
standards" will serve as a benchmark to assure that each city and the Agency are providing
services in a cost-effective manner. If, through the annual review process, it is found that
performance standards are not being achieved, then that jurisdiction will have the option to
bring their performance up to standard, contract with the Agency or a member city to do
that work element, or utilize a private contractor.
Conveyance System Management Study
Eli IA
u" ,.,yt. ;'i 41'4+3'. •
A
,y• '~-`v...~ ,'~^~ci..~1;~ *r. r-~t.1,L,..+. ~j,...; jar
.x 3~/'i'toiE•• w ~y~'ti777N y' y~.~ . ,mss l,J:'~.,.
g ' ~Fi,' ~taa s",+~
r _
i ~ ~
r - Exhibit A
L e~ tk 'Y l ,t A •f S n~Yl'+71'' t{+}`
t \ ~ tY ~ i I I III ((((''l~'',',''' dd y
1. s.~ i '.l. t l"-97C•s~I ?I}k'+.i~ 1
- 1 - - ~J l
1{
,a
\J
T: ENE "I"
~ i";air
,k* j r Responsibtsity
1 ~ - ~ ti ~ 1 \ ~ a ~1~~~~~x r ~t"~r~y t ~n ~ i i4 ~~i ~ r~ !j 1 7 M , N9$ Boundary
{ I its . Rl _ \""F'1~+,,~1 r11'~la.lilll" "•^~L, ~.:f? t' ~ 1
r-
I
{ ( tl~w~k a,~ Jf *~ru LEGEND
Beaverton
PC S: yam. f r ~9v ~S
Cornelius
, a z { ~rb~ d r Forest Grove
7 n
s \ t
•1~0+ Hillsboro
ea'J ~4 4E? NAiD r ~r .ea Tigard
Tualatin
Sherwood
m r l yti~ Z f
~ ~ l
D
Y
v x _ ® Sewerage Agency
8 of
Tazbls
b r
z
CIIYLIMITS
Banks
~J •'."I i ~ ~g' , Beaverton
Comelius
M _ Durham
! I u
C. i { Forest Grove
_ - r \
Q
J ~
Gaston
Hillsboro
d -
lOng City
c~ ~i lake Oswego
- i North Plains
y I F
1_i e: Portland
W, 0-01
r ~ Rivergrove
N
Sherwood
, i-tr-t~ •~yp_ ~-L.. mf1l{-r~ ri J7" Tigard
Q) 7L ~ PO Y1
a
w
HERW60D Tualatin
&CN LLS 4 ,
S
r r
1 I
r
r
1
F
APPENDIX A
DIVISION OF RESPONSIBILITIES EFFECTIVE THROUGH JUNE 30, 2001
FOREST GROVE
Basic Work Ian Inside City Limits Outside City Limits _
Sanitary Maintenance
Lines under 24"
Line Cleaning city Agency
Root Cutting city Agency
Emergency response city Agency
Overflow and Complaint response and
_investigation city Agency
Cross connectioi; investigation and response city Agency
Manhole adjustment city Agency
Non-structure line sealing and point repair city Agency
Manhole rehabilitation (sealing) city Agency
TV inspection city Agency
Compilation of TV reports and system
evaluation city Agency
I&I abatement and system rehabilitation
projects Agency and City Agency
Root Foaming city Agency
Structural line repairs city Agency
Line replacements city Agency
Pump station maintenance Agency Agency
Lines 24" and Larger
All maintenance, inspection, repair, and
replacement A enc Agency
SWM Maintenance _
Line Cleaning city Agency
Root Cutting city Agency
Catch Basin cleaning City A enc
--Water quality manhole maintenance city A enc
Storm and emergency response city Agency
_
Complaint response and investigation City Agency
Street Sweeping city Agency
City for local Agency
Water Quality facility-maintenance for Regional Agency _
City for local Agency
Water Quantity facility maintenance for Regional Agency _
Maintenance of public Streams/creeks/open
_channels _ City A ency~_ _
Processing and disposal of sweeper, catch
_basin and storm line material City _____Agency___ _ _ ` Structural line repairs _ City Agency
Line replacements _City _ Agency
Pump station maintenance and o eration A enc Agency j
Roadside ditches and piping system in County
Roads Agency Agency
TV inspection city Agency
Compilation of N reports and system
evaluation city Agency
Proactive Leaf management program city Agency
ENGINEERING, INSPECTION,
AND SUPPORT ELEMENTS
Development Process (development review,
plan review) city Agency
_
Sanitary. Sewer connection permit issuance city Agency
SWM connection permit issuance city Agency
Billing and collection of monthly service
charges city Agency
Inspection of developer projects city Agency
Installation of Sanitary Sewer Masterplan City 21' and less,
Projects Agency 24° & up Agency
Installation of Masterplan Pump Station
Projects Agency Agency
Installation of SWM Masterplan Projects city Agency
Erosion control permit issuance city Agency
Erosion control inspection CRY Agency
Accounting city Agency
Industrial Waste Program Agency Agency
Maintaining GIS information City and Agency Agency
Maintaining system mapping City and Agency Agency
Maintaining Engineering records of systems City and Agency Agency
Preparing and revising sanitary sewer
masterplans Agency Agency
Preparing and revising SWM masterplans Agency Agency
Response to customer billing inquiries city Agency
Public information; newsletters, etc., for SWM
and Sanitary programs City and Agency Agency
APPENDIX A
DIVISION OF RESPONSIBILITIES EFFECTIVE JULY 1, 2001
Inside City, and Outside City, and
Inside Responsibility Inside Responsibility
Forest Grove Boundary Boundary Inside City of Gaston
Sanitary Maintenance
Lines under 24"
Line Cleaning city city city
Root Cutting Ci Ci~f city
Emergency response city city city
Overflow and Complaint response
investigation and reporting City_ city city
Cross connection investigation and response city city ci4.
Manhole adjustment Ci Ci Ci
Non-structure line sealing and point repair Agency Agency Agency
City 10/year, Agency City 10/year, Agency City 10/year, Agency
Manhole rehabilitation (sealing) remainder remainder remainder
TV inspection city city city
Compilation of TV reports and system
evaluation Agency Agency Agency
I&I abatement and system rehabilitation
projects Agency Agency Agency
Root Foaming Agency Agency Agency
City minor, Agency City minor, Agency City minor, Agency
Structural line repairs major major major
Lateral Repairs in Public Right of Way Agency Agency Agency
Line replacements Agency Agency Agency
Pump station maintenance Agency Agency Agency
Vector Control City city city
Off road inspection and locator post
maintenance Cites city city
Easement and Access Road Maintenance city city City
Lines 24" and Larger
All maintenance, inspection, repair, and
replacement Agency Agency _ Agency
SWM Maintenance
Line Cleaning City city
Root Cutting City city
_ Catch Basin cleaning city _ City
_ Water quality manhole maintenance city city
Storm and emergency response Ci Cites
Complaint response investigation and
reporting city
_ City _
_ Street Sweeping City city _
City for local, Agency City for local, Agency
Water Quality facility maintenanc_e_ for Regional for Regional
City for local, Agency City for local, Agency)
Water Quantity facility maintenance! for Regional I for Regional I
Maintenance of public Streams/creeks/open
channels city city
Processing and disposal of sweeper, catch
basin and storm line material (excluding
leaves) city Ci
City minor, Agency City minor, Agency
Structural line repairs major major
Line replacements Agency Agency
Pump station maintenance and operation Agency Agency
Roadside ditches and piping system in County
Roads Agency Agency
N inspection city city
Compilation of 7V reports and system
evaluation Agency A enc
Proactive Leaf management program city city
ENGINEERING, INSPECTION,
AND SUPPORT ELEMENTS
Development Process (development review,
plan review) city Agency
Sanitary Sewer connection permit issuance city Agency
SWM connection permit issuance city Agency
Billing and collection of monthly service
charges city Aqency
Inspection of developer projects city Agency
Installation of Sanitary Sewer Masterplan City 21" and under,
Projects Agency 24" & up Agency
Installation of Masterplan Pump Station
Projects Agency Agency
Installation of SWM Masterplan Projects city Agency
Erosion control permit issuance city Agency
Erosion control inspection city Agency
Accounting city Agency
Industrial Waste Program Agency Agency
Maintaining GIS information City and Agency City and Agency
Maintaining system mapping City and Agency City and Agency
Maintaining Engineering records of systems City and Agency Ci and A enc
Preparing and revising sanitary sewer
masteTplans Agency Agency
Preparing and revising SWM masterplans Agency Agency
Response to customer billing inquiries city Agency
Public information, newsletters, etc., for SWM
and Sanitary programs Cit and Agenc City and Agency
Flow Monitoring Agency Agency
Formation and Administration of LID's City and Agency Agency
Inspection of Private Facilities City Agency
Marking Utilities City Agency
Fixture Counting City Agency
Field Yard General Maintenance City city
UNIFIED SEWERAGE AGENCY OF WASHINGTON COUNTY
RECEIVED C.O.T
May 19, 2000
MAY 2 2 2000
Administration
Bill Monahan
City Manager
City of Tigard
13125 SW Hall Blvd
Tigard, OR 97223
Dear Bill:
SUBJECT: CITY AGREEMENTS
I have enclosed two copies of the USA-City Agreement (Agreement) in advance of our meeting
within the next few weeks. My office will call to schedule a convenient time. The first enclosure
highlights the comments received from the cities during the review process. These proposed
revisions have been discussed during earlier meetings with you, at our County Manager's
meetings and at a joint council meeting of the Agency and cities. The second enclosure is an
executable copy of the Agreement containing the revised language reflecting many of the
changes proposed by the cities. In considering Tigard City Council' action on this issue, it is
useful to summarize why the Agency feels that adoption of this revised Agreement is essential at
this time.
Out of Date
The current USA-City agreements were originally adopted in 1970 with only minor
modifications through 1990. In that year, surface water management responsibilities were added
to the Agency, and changes were made to the Agreement reflecting this added responsibility. In
reviewing the existing Agreement within the context of current/pending regulatory requirements
(Clean Water Act, Endangered Species Act, Metro Title 3), new service delivery initiatives
(Conveyance System Management Study), and the Agency's legal responsibilities for managing
revenues and expenditures under ORS 451, it is clear that the existing Agreements are
incomplete and do not reflect current operating conditions within the urban area of Washington
County. The revised agreement better reflects these current conditions.
Regulatory Compliance
Under ORS 451 and as the lead Agency in terms of the National Pollutant Discharge Elimination
System (NPDES) and overall Clean Water Act (CWA) compliance, USA is the permittee for
both sanitary sewer and storm water regulations. While USA is the responsible party, federal and
n
155 North First Avenue, Suite 270, MS 10 Phone: 503/648-8621
Hillsboro, Oregon 97124.3072 FAX: 503/640-3525
City Agreements
May 19, 2000
Page 2 of 3
state regulatory agencies have determined that the existing language in the USA-City Agreements
does not clearly delineate USA's authority to mandate specific compliance actions within the
cities. In light of this criticism, we engaged outside counsel to assess the legitimacy of the
regulatory agency concerns and evaluate possible remedies. It is true that the existing agreements
do not contain very credible provisions assuring compliance. We are advised that this weakness
can be corrected through revision of the Agreement or by Agency rulemaking. It seems most
consistent with our history of collaboration that we work together to address this need by
amendment of the agreement. Accordingly, the revised Agreement restates this authority
(already established under ORS 451) by clearly designating USA as the lead Agency in
responding to permit issues throughout the service area.
Service Delivery Efficiencies
The urban area of Washington County covers 123 square miles. Within that area are over 1,400
miles of sanitary sewer pipe, 26,500 catch basins and 890 miles of storm lines. USA and the
cities share field maintenance responsibilities for these collection systems. The current
Agreement has provided the basis for assigning general system responsibilities and establishing
very basic criteria for performing field maintenance activities. The unprecedented rate of
development within the urban growth boundary and the corresponding expansion of sanitary
sewer and storm water system inventory have highlighted the need to better define and
coordinate the field maintenance operations of the Agency and cities. The work planning
program and service area maps developed with the cities over the last two years and included in
the proposed City Agreements are key steps toward implementing a more cost-effective approach
toward sanitary and storm water system maintenance. This efficiency will translate into better
service and long term savings for all ratepayers in the urban area of Washington County.
Coordinated Financial Management
Under the current Agreement, the Agency and cities jointly provide field services under a
framework, which generally assigns to the individual jurisdictions the physical areas of
responsibility and the system inventory to be maintained. Under the Agency's rules, uniform
percentage allocations of service charge revenue are made between the cities and USA; 75
percent of storm water rate revenue is retained by the City and 30 percent of the sanitary sewer
rate revenue is retaincd. These percentage allocations have been in place since 1990 and 1970
respectively. Neither is supported by actual cost or system inventory data. In order to insure that
cities receive revenues needed to do the revised work programs resulting from the Conveyance
Study, we need to develop a consistent cost based means of paying the City for that work. The
basis for allocations has been developed with the cities through the Conveyance System
Management Study. In addition, these allocations can be adjusted annually to reflect any changes
impacting maintenance activities/costs. In terms of funding, rate setting and financial
management, the existing and new Agreements provide the Agency with comprehensive
Unifred Seirerage Agency/City Agreements Revised May 2000
City Agreements
May 19, 2000
Page 3 of 3
authority to manage revenues and expenditures throughout the service area. Our revised approach
establishes a procedure to better manage the allocation of service charge revenues for field
maintenance activities. In addition, the Agency will continue to work with the cities toward better
allocation of system development charge revenues and establishing improved financial reporting
systems.
These areas highlight the major changes to the Agreement, which the Agency believes necessary
to meet regulatory requirements and better manage how USA and the cities do business. As in
the past, the Agency commits itself to working with the partner cities in providing the highest
quality and lowest cost sanitary and storm services. This revised Agreement is an important step
toward ensuring this level of service into the future. Agency staff is available to assist with
presentations to Council and hope that the Agreements can be brought up for adoption by mid-
June.
I look forward to our meeting in the next few weeks.
Sincerely,
Bill Gaff
General Manager
Unified Sewerage ; Igenc),101y Agreements !levered Alai, 2000
USA-CITY AGREEMENT
THIS AGREEMENT is made and entered into as of the _ day of ,
2000, between the City of a municipal corporation of the State of Oregon,
hereinafter referred to as "City," and the Unified Sewerage Agency of Washington
County, a municipal corporation and county service district, hereinafter referred to as the
"Agency."
WHEREAS, the Agency was duly formed and organized under ORS Chapter
451, has the authority to provide sanitary sewerage treatment facilities, and to provide for
storm and surface water management within its boundaries; and Cky is whllin the
Agency by action of its Council pursuant to an election duly conducted within the
boundaries of the Agency; and
WHEREAS, City and Agency have the authority to enter into contracts for the
cooperative operation of service facilities under ORS 451.560 and ORS Chapter 190; and
WHEREAS, the Agency and Cities have established and will continue to
maintain an effective partnership for sanitary sewerage and surface water management
services which this agreement is designed to support, enhance, and clarify; and
WHEREAS, City and Agency previously entered into an Agreement for the
cooperative operation of sanitary sewer and surface water facilities, and said Agreement
is in need of amendment.
NOW, THEREFORE, in consideration of the covenants and agreements to be
kept and performed by the parties hereto, it is agreed as follows:
Section 1. Definition of Terms
Wherever the following terms are used in this agreement they shall have the
following meaning unless otherwise specifically indicated by the context in which they
appear:
A. Area of Geographic Responsibility means the area set forth in the map
attached as Exhibit A as may be amended.
B. Board means the Board of Directors of the Agency, its governing body.
C. Chief Executive Officer means the City official responsible for managing
the day-to-day business affairs of City.
D. Council means the City Council, governing body of City.
Page 1 of 12 - Agreement with City of
MEN
E. Industrial Waste means any liquid, gaseous, radioactive or solid waste
substance or a combination thereof resulting from any process of industrial
or manufacturing business, or from the development or recovery of natural
resources. For the purposes of this agreement, Industrial Waste shall also
include any substance regulated under 33 USC Sec 1317, together with
regulations adopted thereunder.
F. Operation and Maintenance means the regular performance of work
required to assure continued functioning of the storm and surface water
system and the sanitary sewerage system and corrective measures taken to
repair facilities to keep them in operating condition, and in compliance
with the requirements of applicable laws, regulations, and permits.
G. Order means Resolutions, Orders and Directives of the Agency
prescribing general standards and conditions for construction or use of the
storm and surface water facilities and the sanitary sewerage facilities, and
Rates and Charges.
H Person means the state of Oregon, any individual, public or private
corporation, political subdivision, governmental agency, municipality,
industry, co-partnership, association, firm, trust, estate or any other legal
entity whatsoever.
1. Program Funding means the revenues made available to City through
Section 4.A.3. of this agreement to follow the adopted work programs and
performance standards.
J. Rates and Charges are defined in the Agency's "Rates and Charges"
Resolution and Order (R&O) No. 98-22, or as may be amended. The
following terms when used in this agreement shall be as defined in that
R&O:
1. Dwelling Unit Equivalent (DUE)
2. Equivalent Service Unit (ESU)
3. Impervious Surface Area
4. Permit Application and Inspection
5. Sanitary Sewer Service Charge
6. Sanitary System Development Charge (SDC; Connection Charge)
7. Storm and Surface Water Service Charge
8. Storm and Surface Water System Development Charge
K. Sanitary Sewerage System means any combination of sewer treatment
plant, pumping or lift facilities, sewer pipe, force mains, laterals,
manholes, side sewers, laboratory facilities and equipment, and any other
facilities for the collection, conveyance, treatment and disposal of sanitary
sewage comprising the total publicly-owned Sanitary Sewerage System
Page 2 of 12 - Agreement with City of
within Agency jurisdiction, to which storm, surface and ground waters are
not intentionally admitted.
L. Standards means the standards and conditions of use of the storm and
surface water system and the sanitary sewer system as specified and
adopted by the Agency. Standards also shall mean applicable statutes and
rules of the United States and the State of Oregon.
M. Storm and Surface Water System means any combination of publicly
owned storm and surface water quality treatment facilities, pumping or lift
facilities, storm drain pipes and culverts, open channels, creeks and rivers,
force mains, iaterals, manholes, catch basins and inlets, grates and covers,
detention and retention facilities, laboratory facilities and equipment, and
any other publicly owned facilities for the collection, conveyance,
treatment and disposal of storm and surface water comprising the total
publicly owned Storm and Surface Water System within Agency's
jurisdiction, to which sanitary sewage flows are not intentionally admitted.
N. Work Program and Performance Standards are adopted by the Agency
after considering input from the cities to define the activities required to
operate and maintain the sanitary sewer and storm and surface water
systems.
Section 2. Determination of Programs, Rules, Policies and Standards
The Agency is responsible for the management and operation of the sanitary sewer and
storm and surface water systems within its boundary, and is the designated permittee who
shall obtain and enforce timely compliance with relevant Federal and delegated State
Clean Water Act permits for treatment plants and stormwater. The Agency, after
considering input from the cities, shall adopt orders, Standards, specifications, work
programs, and performance criteria for the proper and effective operation of the sanitary
sewer and storm and surface water systems and to comply with State and Federal permits,
laws and regulations. In addition, the Agency, after considering input from the cities,
shall have the authority to make changes to its orders, work programs and performance
Standards. Any such changes to work programs and performance standards that the
Board determines are required by state and/or federal permits or regulations will become
effective 90 days from the date of notice to City by Agency or as mutually agreed to.
Any changes to work programs and performance standards, not required by state and/or
federal permits and regulations, shall be mutually agreed to by the Agency and City
before they become effective. Proposed changes not required by state and/or federal
permits and regulations should be communicated between the Agency and the City in or
before December of the year before they are to be implemented to allow Agency and City
to budget appropriately for the following year.
A. City agrees to follow and enforce the Orders, Standards, specifications, work
programs, and performance criteria promulgated by the Agency, subject,
Page 3 of 12 - Agreement with City of
however, to program funding and to the extent that City may be lawfully
authorized to act. City further agrees to notify Agency of apparent violations
thereof, of which it has knowledge, which may require Agency legal action.
Section 3. Division of Responsibilities
A. Division of Responsibilities
1. The purpose of this agreement is to delegate to and contract with the City
to do specific functions. The responsibilities of the Agency and City are
defined in this Section and Appendix A. Exhibit A is a map showing
boundaries of responsibility between the Agency and City and is h reby
made a part of Appendix A and incorporated into this agreement.
2. All functions relating to the subject matter of this Agreement not
specifically listed in this Section or Appendix A as being the
responsibility of City shall remain the responsibility of the Agency.
B. Procedure for Modifying the Division of Responsibilities
1. Responsibilities defined in this Section and Appendix A may be
modified from time to time with approval in writing by the City and the
Agency General Manager or designee.
2. Responsibilities defined in this Section and Appendix A may be
modified by the Agency Board after receiving input from the City and
determining the change is necessary to comply with State or Federal
permits, laws or regulations.
3. City may request that the Agency assume responsibility for any portion
of the program defined in this Section and Appendix A upon reasonable
notice, such notice in no event to be less than 6 months. Corresponding
adjustments to the revenue allocation shall be made to reflect the change
in responsibility upon implementation of such changes. City shall be
responsible for correcting or paying to have corrected any deficiencies in
the system resulting from non-performance of the programs under its
responsibility, subject however to funding availability.
4. City boundaries may change through annexation. For City annexation of
territory currently in the Agency's boundary, the responsibilities defined
in Appendix A shall apply to the new City boundary. The responsibility
boundaries defined in Exhibit A are not changed due to City annexations
of territory currently inside the Agency's boundary. For annexations of
territory not currently within the Agency's boundary, the Agency will
amend Appendix A and Exhibit A to define the responsibilities for the
new area in cooperation with adjacent cities.
Page 4 of 12 - Agreement with City of
111111101 IIIIIIIIIIIffl 11111101111 _~11
C. Additional City Responsibilities
1. Refer Persons who may desire to connect a non-residential use to the
sanitary sewerage system to the Agency. City shall not issue any sanitary
sewer permit to non-residential customers without verification that the
Agency has issued an Industrial Waste discharge permit, or the Agency
has determined that none is required.
2. Refer persons who are proposing 'development', as defined in the
Agency's current version of its Design and Construction Standards
Resolution and Order, to the Agency to obtain a Service Provider Letter.
City shall not issue a stormwater connection permit v::thout veritication
from the Agency that the development conforms to adopted Agency
standards, orders, and master plans.
3. Provide notice to and obtain Agency review and approval as the Agency
may require for any addition, modification, construction, or
reconstruction (other than repairs) of the publicly-owned sanitary
sewerage system and storm and surface water system, or for all
development, as defined by the Agency (such as land division, grading,
paving, clearing, etc.), prior to undertaking work or approving such
action to ensure conformance to adopted Agency Standards, Orders, and
master plans.
4. Obtain Agency review and approval prior to entering into any agreement
for the use of the Storm and Surface Water System or the Sanitary
Sewerage System.
5. Inform the Agency in writing not less than 30 days prior to initiating or
entering into any agreement for the financing or incurring of
indebtedness relating to the storm and surface water system or the
sanitary sewerage system. Revenues allocated by the Agency to the City
for the performance of functions identified in Appendix A are considered
restricted, and may only be used to perform those functions (including
reasonable administration) delegated to the City for such things as
operation and maintenance of the sanitary or storm and surface water
system. System Development Charge (SDC) revenues allocated by the
Agency to the City may only be expended for the uses identified in the
Agency's SDC methodology, and may not be obligated by the City for
payment of non-Agency bonded debt. City shall not obligate any assets
or facilities of the Agency's sanitary or storm and surface water system
for any debt.
6. Allow the Agency access at any reasonable time upon reasonable notice
to inspect and test storm and surface water facilities and sewerage
tacilities within City.
Page 5 of 12 - Agreement with City of
MEN Ism INN _111,11111110
7. Grant the Agency permits from time to time as may be necessary for the
installation of storm and surface water facilities and sewerage facilities
in the public streets and ways of City without imposing permit issuance
fees, provided that the Agency shall adhere to any conditions required
pursuant to ORS 451.550(6).
8. To issue no new permit for the construction within, or modification to, a
wetland, floodway, or floodplain without first receiving the written
approval by the Agency to do so. This paragraph shall not apply to
permits issued by City pursuant to a current permit under 33 USC
Section 1344(e) (a section 404 genial permit), and within the scope of
such permit.
9. To pursue, when City deems feasible and appropriate, the conversion of
storm and surface water facilities from private to public ownership,
through the acquisition of easements and other property rights as
necessary, for those privately owned storm and surface water facilities
which are identified as being necessary or appropriately a part of the
public system.
D. City Responsibilities Outside of its City Limits
1. City is not obligated by this agreement to accept responsibility for any
programs or work activities outside of its City limits.
2. To the extent City has agreed to responsibilities both inside and outside
of its City limits, for activities which are the responsibility of City, City
shall perform the work to meet the minimum requirements specified in
the Agency's adopted Work Programs and Performance Standards.
When the same type of service is being performed by City both inside
and outside City, the service shall be prioritized and performed in a like
manner in each area, including the response to storms and other
emergencies. The exception shall be if City provides a higher degree of
service inside City due to its own supplemental funding.
Section 4. Determination and Division of Revenue; Operating Procedures and Rules
Relating to Revenue
A. The Agency Board shall determine and certify annually for both the sanitary
sewerage system and for the storm and surface water system the monthly
service charge and system development charge. The City agrees to impose
these charges as a minimum. The City may impose additional charges as
allowed in Section 4.D.4.
Page 6 of 12 - Agreement with City of
Bill
B. The Agency Board shall determine and certify annually for both the sanitary
sewerage system and for the storm and surface water system the portion of the
monthly service charge and system development charge to be retained by the
City for performance of the functions defined in this Agreement. Certification
of revenues to be retained by the City will be dependent upon the standard
costs for functions performed by the City and the overall level of revenue
available for allocation.
C. The division of revenue may be adjusted annually by the Agency to recognize
changes in responsibilities after coordination and communication with the
Cities. Changes in the division of revenue will be done as a part of the normal
Fiscal Year budget process, except as defined blow.
If there is a mid-year change in responsibilities, which the Agency determines
to be significant, the Agency Board may, upon 60 days notice to City, adjust
the division of revenue at any time. Any such mid-year changes in the division
of revenue initiated by the Agency Board shall only be done when the Board
determines such a change is necessary to comply with State or Federal
permits, laws or regulations.
D. Operating Procedures Relating to Revenue
1. City shall remit to the Agency the portion of sanitary sewer service
charges and systems development charges collected, and storm and
surface water service charges and systems development charges
collected, as identified in Section 4.B.
2. Payments shall be remitted on a monthly basis, with a report on
Agency designated forms.
3. Payments to the Agency of revenue collected by the billing party shall
be due within 20 days following the end of each month, unless the
payment has been appealed by the billing party.
4. City may charge and collect a service charge or system development
charge at a higher rate per DUE and ESU than that set by the Agency
when the City determines it is needed for the local City system. The
City shall retain 100% of these additional revenues collected. Such
additional charge shall be consistent with the services provided by City
and with applicable federal rules in order to preserve eligibility for
grants and other funding programs.
5. For permit and inspection fees for private development construction of
public storm and surface water facilities and sanitary sewer facilities,
and for erosion control permit fees, City shall remit to the Agency the
fee set forth in Agency's Rates and Charges to compensate the Agency
Page 7 of 12 - Agreement with City of
11011111M 11 - 11111 llloillill~1,111
for its costs for services performed relative to these fees, as prescribed
by Agency Order or agreement with City.
6. For Industrial Waste fees, Agency shall remit to City a percentage of
system development charges, volume, and monthly service charges
collected equal to the percentages of nonindustrial fees defined in
Section 4.B. Agency shall retain one-hundred percent (100%) of the
annual permit fee, and any penalty fees, COD, SS (as those terms are
defined in the Rates and Charges) and other fees that may be assessed.
7. City will institute administrative procedures to diligently maintain
regular billings and collection of fcces, adjust complaints thereto, and
pursue delinquency follow-ups and take reasonable steps for collection
thereof.
8. City and Agency shall each establish separate accounts for the storm
and surface water program and sanitary sewerage program for the
purpose of accounting for service charges and systems development
charges collected and received pursuant to this agreement.
9. Agency or City may at any reasonable time upon reasonable notice
inspect and audit the books and records of the other with respect to
matters within the purview of this Agreement.
10. City and Agency shall each prepare and submit to each other a
performance report of the storm and surface water functions, and the
sanitary sewer functions for which each is responsible. Agency will
specify the requirements, frequency, and content of the performance
report.
11. The City and Agency may, each at its own cost, install permanent and
temporary volume and quality monitoring stations to determine the
effectiveness of City and Agency programs.
12. Interest shall accrue on late payments at a rate of 1.25 times the
monthly Local Government Investment Pool (LGIP) earnings rate as
posted for the previous month, and will be applied each month to the
unpaid balance.
Section 5 Administrative and Operating Provisions
A. The Agency will not extend sewer service to areas outside the City except
with prior approval of the City where such areas are included in the Urban
Planning Area Agreement between the City and the appropriate county or
counties and any of the following exists:
Page 8 of 12 - Agreement with City of
11 11,11111
a. A new or existing single family property desires sewer service and
needs to directly connect to a sewer line within the city.
b. A new development desires sewer service and needs to directly
connect a lateral or mainline public sewer directly to a sewer line
within the city.
B. City and the Agency will each obtain such insurance contracts as
necessary to cover the liabilities of City and the Agency respectively for
the risks and liabilities arising from activities and operations under this
agreement. Each party hereto shall cause the other to be named as an
additional insured on its policy or policies as to the obligations under the
terms of this agreement. In the event that either party chooses to be self
insured, that party shall maintain and furnish proof of separately identified
and unencumbered reserves for the maximum liability allowed under state
law.
C. Agency will not establish local assessment districts within City, without
first obtaining City approval.
D. Agency will process applications from City pursuant to Section 3.C.7 for
Wetland, Floodplain, and Floodway modifications. Timely review of the
application shall be provided by the Agency. Upon review and approval
by USA, and upon request by City, the Agency shall act as a facilitator
and liaison for State and Federal review and permit processes.
E. The City shall report all sanitary sewer overflows that it becomes aware of
to the Agency within 24 hours of learning of the overflow. The City shall
require all permittee of the City to report sanitary sewer overflows to the
City. City agrees to reimburse Agency for any expense, costs, damages,
claims, fines, or penalties incurred by Agency that result from or are
related to City's failure to so timely and adequately report.
F. City and Agency shall each be responsible for the negligent or wrongful
j acts of its officers, employees, agents, and volunteers, while performing
work related to this agreement. Each party shall be solely responsible for
defense, costs or payments arising from legal challenge alleging improper
use by that party of funds derived from this agreement, or otherwise held
by that party. Each party shall be responsible for any liability arising out
of its ownership of real property and interests therein, for acting or failing
to act within its Area Of Responsibility, activities governed by an NPDES
permit or other air or water discharge permit issued by competent
authority to that party, and any conduct of that party subject to direct
regulation by state or federal authority. Each party shall fully defend,
indemnify, and hold harmless the other from any expense, costs, damages,
claims, fines, penalties, or liability incurred by or threatened against the
Page 9 of 12 - Agreement with City of
IMMM 11M Ilion
other due to or resulting in whole or in part from the negligent acts or
omissions or willful misconduct of the indemnifying party (including its
officers, agents, or employees) under or in connection with or arising from
any work, authority, jurisdiction, or responsibilities delegated to that party
by this Agreement.
G. The City agrees that the Agency has the authority to impose fines and
penalties against the City for non-performance of adopted programs or
non-compliance with Agency, State, or Federal rules and policies. The
procedures by which the Agency considers non-performance or non-
compliance, imposes such fines or penalties, and processes appeals, shall
be set forth in an Agency rule. In this regard, any fines or penalties
assessed by the Agency against a City shall be of the same magnitude as
those set forth in the relevant Oregon Revised Statutes and Oregon
Administrative Rules for fines and penalties imposed by Oregon's
Department of Environmental Quality. The City shall have the right to
appeal any such fines or penalties imposed by the Agency to the Agency's
Board of Directors. Payment of fines and penalties does not relieve the
City from the responsibility to accomplish the work program.
H. Nothing in this Agreement shall be construed as a limitation upon or
delegation of the statutory and home rule powers of City, nor as a
delegation or limitation of the statutory powers of Agency. This
Agreement shall not limit any right or remedy available to City or Agency
against third parties arising from illegal acts of such third parties.
I. Where this Agreement calls for review or approval of a fee or charge,
Agency shall perform such review in a timely manner, shall not
unreasonably withhold approval, and shall provide its decision to City in
writing. If, within 30 days of written request by City for approval by
Agency, the Agency has failed to provide a written response, the request
shall be deemed approved.
J. To the extent that it is so required by law or regulation, City shall comply
with Oregon Administrative Rules (OAR) Chapter 340, Division 49,
"Regulations Pertaining to Certification of Wastewater System Operator
Personnel," including the obligation that City shall have its wastewater
collection system supervised by one or more operators certified at a grade
level equal to or higher than the system classification shown on page 1 of
Agency's NPDES permit, issued by the State.
Section 6. Dispute Resolution, Remedies
A. In the event of a dispute between the parties regarding their respective
rights and obligations pursuant to this Agreement, the parties shall first
attempt to resolve the dispute by negotiation. If a dispute is not resolved
Page 10 of 12 - Agreement with City of
by negotiation, the exclusive dispute resolution process to be utilized by
the parties shall be as follows:
1. Step 1. Upon failure of those individuals designated by each party
to negotiate on its behalf to reach an agreement or resolve a
dispute, the nature of the dispute shall be put in writing and
submitted to City's Chief Executive Officer and Agency's General
Manager, who shall meet and attempt to resolve the issue. If the
issue in dispute is resolved at this step, there shall be a written
determination of such resolution, signed by City's Chief Executive
Officer and Agency's General Manager, which determination shall
bo binding on the parties. Resolution of an issue at this step
requires concurrence of both parties' representatives.
2. Step 2. In the event a dispute cannot be resolved at Step 1, the
matters remaining in dispute after Step 1 shall be reduced to
writing and forwarded to the Mayor and the Chairman of the Board
of Directors. Upon receipt of the written issue statement, the
Mayor and Chairman shall meet and attempt to resolve the issue.
If the issue is resolved at this step, a written determination of such
resolution shall be signed by the Mayor and Chairman. Resolution
of an issue at this step requires concurrence of both the Mayor and
the Chairman.
3. Step 3. In the event a dispute cannot be resolved at Step 2, the
parties shall submit the matter to mediation. The parties shall
attempt to agree on a mediator. In the event they cannot agree, the
parties shall request a list of five (5) mediators from the American
Arbitration Association, or such other entity or firm providing
mediation services to which the parties may further agree. Unless
the parties can mutually agree to a mediator from the list provided,
each party shall strike a name in turn, until only one name remains.
The order of striking names shall be determined by lot. Any
common costs of mediation shall be borne equally by the parties,
who shall each bear their own costs and fees therefor. If the issue
is resolved at this step, a written determination of such resolution
shall be figned by both parties. Resolution of an issue at this step
requires concurrence by both parties. In the event a dispute is not
resolved by mediation, the aggrieved party may pursue any remedy
available to it under applicable law.
B. Neither party may bring a legal action against the other party to interpret
or enforce any term of this Agreement in any court unless the party has
first attempted to resolve the matter by means of the dispute resolution of
subsection A above. This shall not apply to disputes arising from a cause
other than interpretation or enforcement of this Agreement.
Page 11 of 12 - Agreement with City of
e
Section 7. Effect of this Agreement
This Agreement shall supersede all prior agreements and amendments including
the "City Committee Agreement" between the parties with respect to sanitary sewerage
and service, storm and surface water management; provided that, except as expressly
modified herein, all rights, liabilities, and obligations of such prior agreements shall
continue. This agreement shall be effective upon its execution by both parties hereto, and
shall continue in effect for four renewable terms of five years each. This Agreement shall
be deemed automatically renewed for a succeeding five year term up to a limit of 20
years, unless either party gives the other written notice not less than one year prior to the
nominal expiration of to,-n: of its intent not to renew this agreement. This Agreement may
be modified only by written amendment or as otherwise specified in this Agreement.
Section 8. Severabilitv
In the event a court of competent jurisdiction shall deem any portion or part of
this agreement to be unlawful or invalid, only that portion or part of the agreement shall
be considered unenforceable. The remainder of this agreement shall continue to be valid.
IN WITNESS WHEREOF, this instrument has been executed in duplicate by
authority of lawful actions by the Council and Agency Board of Directors.
UNIFIED SEWERAGE AGENCY CITY OF , OREGON
OF WASHINGTON COUNTY, OREGON
By By
Chairman, Board of Directors Mayor
Attest:
Approved as to Form: City Recorder
Attorney for Agency City Attorney
Page 12 of 12 - Agreement with City of
USA-CITY AGREEMENT
THIS AGREEMENT is made and entered into as of the day of ,
2000, between the City of a municipal corporation of die-State of Oregon,
hereinafter referred to as "City," and the Unified Sewerage Agency of Washington
County, a municipal corporation and county service district, hereinafter referred to as the
"Agency."
WHEREAS, the Agency was duly formed and organized under ORS Chapter
451, has the authority to provide sanitary sewerage treatment facilities, and to provide for
storm and surface water management within its boundaries; and City is within the
Agency by action of its Council pursuant to an election duly conducted within the
boundaries of the Agency; and
WHEREAS, City and Agency have the authority to enter into contracts for the
cooperative operation of service facilities under ORS 451.560 and ORS Chapter 190; and
WHEREAS, the Agency and Cities have established and will continue to
maintain an effective partnership for sanitary sewerage and surface water management
services which this agreement is designed to support, enhance, and clarify; and
WHEREAS, City and Agency previously entered into an Agreement for the
cooperative operation of sanitary sewer and surface water facilities, and said Agreement
is in need of amendment.
NOW, THEREFORE, in consideration of the covenants and agreements to be
kept and performed by the parties hereto, it is agreed as follows:
Section 1. Definition of Terms
Wherever the following terms are used in this agreement they shall have the
following meaning unless otherwise specifically indicated by the context in which they
appear:
A. Area of Geographic Responsibility means the area set forth in the map
attached as Exhibit A as may be amended.
B. Board means the Board of Directors of the Agency, its governing body.
C. Chief Executive Officer means the City official responsible for managing
the day-to-day business affairs of City.
D. Council means the City Council, governing body of City.
Page 1 of 13 - Agreement with City of
E. Industrial Waste means any liquid, gaseous, radioactive or solid waste
substance or a combination thereof resulting from any process of industrial
or manufacturing business, or from the development or recovery of natural
resources. For the purposes of this agreement, Industrial Waste shall also
include any substance regulated under 33 USC Sec 1317, together with
regulations adopted thereunder.
F. Operation and Maintenance means the regular performance of work
required to assure continued functioning of the storm and surface water
system and the sanitary sewerage system and corrective measures taken to
repair facilities to keep them in operating condition, and in compliance
with the requirements of applicable laws, regulations, and permits.
G. Order means Resolutions, Orders and Directives of the Agency
prescribing general standards and conditions for construction or use of the
storm and surface water facilities and the sanitary sewerage facilities, and
Rates and Charges.
H Person means the state of Oregon, any individual, public or private
corporation, political subdivision, governmental agency, municipality,
industry, co-partnership, association, firm, trust, estate or any other legal
entity whatsoever.
1. Program Funding means the revenues made available to City through
Section 4.A.3. of this agreement to follow the adopted work programs and
performance standards.
J. Rates and Charges are defined in the Agency's "Rates and Charges"
Resolution and Order (R&O) No. 98-22, or as may be amended. The
following terms when used in this agreement shall be as defined in that
R&O:
1. Dwelling Unit Equivalent (DUE)
2. Equivalent Service Unit (ESU)
3. Impervious Surface Area
4. Permit Application and Inspection
5. Sanitary Sewer Service Charge
6. Sanitary System Development Charge (SDC; Connection Charge)
7. Storm and Surface Water Service Charge
8. Storm and Surface Water System Development Charge
K. Sanitary Sewerage System means any combination of sewer treatment
plant, pumping or lift facilities, sewer pipe, force mains, laterals,
manholes, side sewers, laboratory facilities and equipment, and any other
facilities for the collection, conveyance, treatment and disposal of sanitary
sewage comprising the total publicly-owned Sanitary Sewerage System
Page 2 of 13 - Agreement with City of
within Agency jurisdiction, to which storm, surface and ground waters are
not intentionally admitted.
L. Standards means the standards and conditions of use of the storm and
surface water system and the sanitary sewer system as specified and
adopted by the Agency. Standards also shall mean applicable statutes and
rules of the United States and the State of Oregon.
M. Storm and Surface Water System means any combination of publicly
owned storm and surface water quality treatment facilities, pumping or lift
facilities, storm drain pipes and culverts, open channels, creeks and rivers,
force mains, laterals, manholes, catch basins and inlets, grates and covers,
detention and retention facilities, laboratory facilities and equipment, and
any other publicly owned facilities for the collection, conveyance,
treatment and disposal of storm and surface water comprising the total
publicly owned Storm and Surface Water System within Agency's
jurisdiction, to which sanitary sewage flows are not intentionally admitted.
N. Work Program and Performance Standards are adopted by the Agency
after considering input from the cities to define the activities required to
operate and maintain the sanitary sewer and storm and surface water
systems.
Section 2. Determination of Programs, Rules, Policies and Standards
The Agency is responsible for the management and operation of the sanitary sewer and
storm and surface water systems within its boundary, and is the designated permittee who
shall obtain and enforce timely compliance with relevant Federal and delegated State
Clean Water Act permits for treatment plants and stormwater. The Agency, after
considering input from the cities, shall adopt orders, Standards, specifications, work
programs, and performance criteria for the proper and effective operation of the sanitary
sewer and storm and surface water systems and to comply with State and Federal permits,
laws and regulations. In addition, the Agency, after considering input from the cities,
shall have the authority to make changes to its orders, work programs and performance
Standards. Any such changes to work programs and performance standards that the
Board detennines are required by state and/or federal permits or regulations will become
effective 90 days from the date of notice to City by Agency or as mutually agreed to.
Any changes to work programs and performance standards, not required by state and/or
federal permits and regulations, shall be mutually agreed to by the Agency and City
before they become effective. Proposed changes not required by state and/or federal
permits and regulations should be communicated between the Agency and the City in or
before December of the year before they are to be implemented to allow Agency and City
to budget appropriately for the following year.
A. City agrees to follow and enforce the Orders, Standards, specifications, work
programs, and performance criteria promulgated by the Agency, subject,
Page 3 of 13 - Agreement with City of
however, to program funding and to the extent that City may be lawfully
authorized to act. The City shall not be responsible for any failure to act or
defect in performance caused by lack of adequate program funding from the
Agency, inadequacies in the Work Program and Performance Standards as
adopted by the Agency, or lack of lawful authority to act. Lack of adequate
funding from the Agency and compliance with the Work Program and
Performance Standards as adopted by the Agency shall be absolute defenses
to any claim against the City under this Agreement. City further agrees to
notify Agency of apparent violations thereof, of which it has knowledge,
which may require Agency legal action.
Section 3. Division of Responsibilities
A. Division of Responsibilities
1. The purpose of this agreement is to delegate to and contract with the City
to do specific functions. The responsibilities of the Agency and City are
defined in this Section and Appendix A. Exhibit A is a map showing
boundaries of responsibility between the Agency and City and is hereby
made a part of Appendix A and incorporated into this agreement.
2. All functions relating to the subject matter of this Agreement not
specifically listed in this Section or Appendix A as being the
responsibility of City shall remain the responsibility of the Agency.
B. Procedure for Modifying the Division of Responsibilities
1. Responsibilities defined in this Section and Appendix A may be
modified from time to time with approval in writing by the City Manager
or designee and the Agency General Manager or designee.
2. Responsibilities defined in this Section and Appendix A may be
modified by the Agency Board after receiving input from the City and
determining the change is necessary to comply with State or Federal
permits, laws or regulations. The Agency Board shall not reduce the
total scope of City responsibilities without consent of the City unless
there is a change in the program or funding requiring the reduction, or
unless the Board determines the City did not perform to the level of the
adopted standards.
3. City may request that the Agency assume responsibility for any portion
of the program defined in this Section and Appendix A upon reasonable
notice, such notice in no event to be less than 6 months. Corresponding
adjustments to the revenue allocation shall be made to reflect the change
in responsibility upon implementation of such changes. City shall be
responsible for correcting or paying to have corrected any deficiencies in
Page 4 of 13 - Agreement with City of
the system resulting from non-performance of the programs under its
responsibility, subject however to funding availability.
4. City boundaries may change through annexation. For City annexation of
territory currently in the Agency's boundary, the responsibilities defined
in Appendix A shall apply to the new City boundary. The responsibility
boundaries defined in Exhibit A are not changed due to City annexations
of territory currently inside the Agency's boundary. For annexations of
territory not currently within the Agency's boundary, the Agency will
amend Appendix A and Exhibit A to define the responsibilities for the
new area in cooperation with adjacent cities.
C. Additional City Responsibilities
1. Refer Persons who may desire to connect a non-residential use to the
sanitary sewerage system to the Agency. City shall not issue any sanitary
sewer permit to non-residential customers without verification that the
Agency has issued an Industrial Waste discharge permit, or the Agency
has determined that none is required.
e
2. Refer persons who are proposing 'development', as defined in the
Agency's Design and Construction Standards Resolution and Order, to
the Agency to obtain a Service Provider Letter and a stormwater
connection permit. Agency will not issue a stormwater connection
permit until City indicates that development is in conformance with City
standards. City shall not issue a stormwater construction permit without
verification from the Agency that the development conforms to adopted
Agency standards, orders, and master plans. City will collect all
connection, permit, and development fees.
3. Provide notice to and obtain Agency review and approval as the Agency
may require for any addition, modification, construction, or
reconstruction (other than repairs) of the publicly-owned sanitary
sewerage system and storm and surface water system, or for all
development, as defined by the Agency (such as land division, grading,
paving, clearing, etc.), prior to undertaking work or approving such
action to ensure conformance to adopted Agency Standards, Orders, and
master plans.
4. Obtain Agency review and approval prior to entering into any agreement
for the use of the Storm and Surface Water System or the Sanitary
Sewerage System.
5. Inform the Agency in writing not less than 30 days prior to initiating or
entering into any agreement for the financing or incurring of
indebtedness relating to the storm and surface water system or the
Page 5 of 13 - Agreement with City of
sanitary sewerage system. Revenues allocated by the Agency to the City
for the performance of functions identified in Appendix A are considered
restricted, and may only be used to perform those functions (including
reasonable administration) delegated to the City for such things as
operation and maintenance of the sanitary or storm and surface water
system. System Development Charge (SDC) revenues allocated by the
Agency to the City may only be expended for the uses identified in the
Agency's SDC methodology, and may not be obligated by the City for
payment of non-Agency bonded debt. City shall not obligate any assets
or facilities of the Agency's sanitary or storm and surface water system
for any debt.
6. Allow the Agency access at any reasonable time upon reasonable notice
to inspect and test storm and surface water facilities and sewerage
facilities within City.
7. Grant the Agency permits from time to time as may be necessary for the
installation of storm and surface water facilities and sewerage facilities
in the public streets and ways of City without imposing permit issuance
fees, provided that the Agency shall adhere to any conditions required
pursuant to ORS 451.550(6).
8. To issue no new permit for the construction within, or modification to, a
wetland, floodway, or floodplain without first receiving the written
approval by the Agency to do so. This paragraph shall not apply to
permits issued by City pursuant to a current permit under 33 USC
Section 1344(e) (a section 404 general permit), and within the scope of
such permit. This section does not apply to actions related to City flood
insurance program.
9. To pursue, when City deems feasible and appropriate, the conversion of
storm and surface water facilities from private to public ownership,
through the acquisition of easements and other property rights as
necessary, for those privately owned storm and surface water facilities
which are identified as being necessary or appropriately a part of the
public system.
D. City Responsibilities Outside of its City Limits
1. City is not obligated by this agreement to accept responsibility for any
programs or work activities outside of its City limits.
2. To the extent City has agreed to responsibilities both inside and outside
of its City limits, for activities which are the responsibility of City, City
shall perform the work to meet the minimum requirements specified in
the Agency's adopted Work Programs and Performance Standards.
Page 6 of 13 - Agreement with City of
When the same type of service is being performed by City both inside
and outside City, the service shall be prioritized and performed in a like
manner in each area, including the response to storms and other
emergencies. The exception shall be if City provides a higher degree of
service inside City due to its own supplemental funding.
Section 4 Determination and Division of Revenue, Operating Procedures and Rules
Relating to Revenue
A. The Agency Board shall determine and certify annually for both the sanitary
sewerage system and for the storm and surface water system the monthly
service charge and system development charge. The City agrees to impose
these charges as a minimum. The City may impose additional charges as
allowed in Section 4.13.4.
B. The Agency Board shall determine and certify annually for both the sanitary
sewerage system and for the storm and surface water system the portion of the
monthly service charge and system development charge to be retained by the
City for performance of the functions defined in this Agreement. Certification
of revenues to be retained by the City will be dependent upon the standard
costs for functions performed by the City and the overall level of revenue
available for allocation.
C. The division of revenue may be adjusted annually by the Agency to recognize
changes in responsibilities after coordination and communication with the
Cities. Changes in the division of revenue will be done as a part of the normal
Fiscal Year budget process, except as defined below.
If there is a mid-year change in responsibilities, which the Agency determines
to be significant, the Agency Board may, upon 60 days notice to City, adjust
the division of revenue at any time. Any such mid-year changes in the division
of revenue initiated by the Agency Board shall only be done when the Board
determines such a change is necessary to comply with State or Federal
permits, laws or regulations.
D. Operating Procedures Relating to Revenue
1. City shall remit to the Agency the portion of sanitary sewer service
charges and systems development charges collected, and storm and
surface water service charges and systems development charges
collected, as identified in Section 4.13.
2. Payments shall be remitted on a monthly basis, with a report on
Agency designated forms.
Page 7 of 13 - Agreement with City of
3. Payments to the Agency of revenue collected by the billing party shall
be due within 20 days following the end of each month, unless the
payment has been appealed by the billing party.
4. City may charge and collect a service charge or system development
charge at a higher rate per DUE and ESU than that set by the Agency
when the City determines it.is needed for the local City system. The
City shall retain 100% of these additional revenues collected. Such
additional charge shall be consistent with the services provided by City
and with applicable federal rules in order to preserve eligibility for
grants and other funding programs.
5. For permit and inspection fees for private development construction of
public storm and surface water facilities and sanitary sewer facilities,
and for erosion control permit fees, City shall remit to the Agency the
fee set forth in Agency's Rates and Charges to compensate the Agency
for its costs for services performed relative to these fees, as prescribed
by Agency Order or agreement with City.
6. For Industrial Waste fees, Agency shall remit to City a percentage of
system development charges, volume, and monthly service charges
collected equal to the percentages of non-industrial fees defined in
Section 4.13. Agency shall retain one-hundred percent (100%) of the
annual permit fee, and any penalty fees, COD, SS (as those terms are
defined in the Rates and Charges) and other fees that may be assessed.
7. City will institute administrative procedures to diligently maintain
regular billings and collection of fees, adjust complaints thereto, and
pursue delinquency follow-ups and take reasonable steps for collection
thereof.
8. City and Agency shall each establish separate accounts for the storm
and surface water program and sanitary sewerage program for the
purpose of accounting for service charges and systems development
charges collected and received pursuant to this agreement.
9. Agency or City may at any reasonable time upon reasonable notice
inspect and audit the books and records of the other with respect to
matters within the purview of this Agreement.
10. City and Agency shall each prepare and submit to each other a
performance report of the storm and surface water functions, and the
sanitary sewer functions for which each is responsible. Agency will
specify the requirements, frequency, and content of the performance
report.
Page 8 of 13 - Agreement with City of
• 11. The City and Agency may, each at its own cost, install permanent and
temporary volume and quality monitoring stations to determine the
effectiveness of City and Agency programs.
12. Interest shall accrue on late payments at a rate of 1.25 times the
monthly Local Government Investment Pool (LGIP) earnings rate as
posted for the previous month, and will be applied each month to the
unpaid balance.
Section 5. Administrative and Operating Provisions
A. The Agency will not extend sewer service to areas outside the City except
with prior approval of the City where such areas are included in the Urban
Planning Area Agreement between the City and the appropriate county or
counties and any of the following exists:
a. A new or existing single family property desires sewer service and
needs to directly connect to a sewer line within the city.
b. A new development desires sewer service and needs to directly
connect a lateral or mainline public sewer directly to a sewer line
within the city.
B. City and the Agency will each obtain such insurance contracts as
necessary to cover the liabilities of City and the Agency respectively for
the risks and liabilities arising from activities and operations under this
agreement. Each party hereto shall cause the other to be named as an
additional insured on its policy or policies as to the obligations under the
terms of this agreement. In the event that either party chooses to be self
insured, that party shall maintain and furnish proof of separately identified
and unencumbered reserves for the maximum liability allowed under state
law.
C. Agency will not establish local assessment districts within City, without
first obtaining City approval.
D. Agency will process applications from City pursuant to Section 3.C.7 for
Wetland, Floodplain, and Floodway modifications. Timely review of the
application shall be provided by the Agency. Upon review and approval
by USA, and upon request by City, the Agency shall act as a facilitator
and liaison for State and Federal review and permit processes.
E. The City shall report all sanitary sewer overflows that it becomes aware of
to the Agency within 24 hours of learning of the overflow. The City shall
require all permittees of the City to report sanitary sewer overflows to the
City. City agrees to reimburse Agency for any expense, costs, damages,
Page 9 of 13 - Agreement with City of
claims, fines, or penalties incurred by Agency that result from or are
related to City's failure to so timely and adequately report.
F. City and Agency shall each be responsible for the negligent or wrongful
acts of its officers, employees, agents, and volunteers, while performing
work related to this agreement. Each party shall be solely responsible for
defense, costs or payments arising from legal challenge alleging improper
use by that party of funds derived from this agreement, or otherwise held
by that party. Each party shall be responsible for any liability arising out
of its ownership of real property and interests therein, for acting or failing
to act within its Area Of Responsibility, activities governed by an NPDES
permit or other air or water discharge permit issued by competent
authority to that party, and any conduct of that party subject to direct
regulation by state or federal authority. Each party shall fully defend,
indemnify, and hold harmless the other from any expense, costs, damages,
claims, fines, penalties, or liability incurred by or threatened against the
other due to or resulting in whole or in part from the negligent acts or
omissions or willful misconduct of the indemnifying party (including its
officers, agents, or employees) under or in connection with or arising from
any work, authority, jurisdiction, or responsibilities delegated to that party
by this Agreement. Inability to perform an activity or to properly perform
because of insufficient funding from the Agency is not a negligent act or
omission or willful misconduct of the party charged with the activity but
shall be the responsibility of the entity that fails to provide adequate funds.
Performance of any activity in compliance with the Work Program and
Performance Standards as adopted by the Agency is not a negligent act or
omission or willful misconduct.
G. Agency and City acknowledge that Agency may receive notices of
violation or fines from state or federal agencies for violations of state or
federal rules. As the permittee and the entity that establishes standards
and controls payment, Agency shall be responsible for responding to
notices of violations and for payment of all fines. Agency shall invite the
City to participate in any discussions with State and Federal agencies
regarding notices of violation involving City actions or responsibility.
City will cooperate with Agency in the investigation and response to any
notice of violation involving actions relating to actions or responsibilities
of the City. If a fine is imposed, City shall reimburse Agency to the extent
that the fine results from non-performance of adopted programs or non-
compliance with Agency, State, or Federal rules or policies by the City
and those acting on behalf of the City. If possible, the City shall
reimburse the Agency prior to the date due for payment of the fine. The
City shall not be responsible for reimbursement if the City's non-
performance or non-compliance was caused by lack of adequate funding
by Agency. If more than one party is responsible, the City's responsibility
for reimbursement payment will be allocated based on the degree of
Page 10 of 13 - Agreement with City of
• responsibility and degree of fault of the City. Disputes over the amount of
reimbursement shall be resolved by the dispute resolution process set out
in Section 6 of this Agreement. To the extent that the City is required to
perform any work to correct a violation, Agency shall provide adequate
funding for the work to be performed, unless the violation was caused by
the City's omission or mis-conduct.
H. Nothing in this Agreement shall be construed as a limitation upon or
delegation of the statutory and home rule powers of City, nor as a
delegation or limitation of the statutory powers of Agency. This
Agreement shall not limit any right or remedy available to City or Agency
against third parties arising from illegal acts of such third parties.
1. Where this Agreement calls for review or approval of a fee or
charge, Agency shall perform such review in a timely manner, shall not
unreasonably withhold approval, and shall provide its decision to City in
writing. If, within 30 days of written request by City for approval by
Agency, the Agency has failed to provide a written response, the request
shall be deemed approved.
J. To the extent that it is so required by law or regulation, City shall
comply with Oregon Administrative Rules (OAR) Chapter 340, Division
49, "Regulations Pertaining to Certification of Wastewater System
Operator Personnel," including the obligation that City shall have its
wastewater collection system supervised by one or more operators
certified at a grade level equal to or higher than the system classification
shown on page 1 of Agency's NPDES permit, issued by the State.
Section 6. Dispute Resolution; Remedies
A. In the event of a dispute between the parties regarding their respective
rights and' obligations pursuant to this Agreement, the parties shall first
attempt to resolve the dispute by negotiation. If a dispute is not resolved
by negotiation, the exclusive dispute resolution process to be utilized by
the parties shall be as follows:
1. Step 1. Upon failure of those individuals designated by each party
to negotiate on its behalf to reach an agreement or resolve a
dispute, the nature of the dispute shall be put in writing and
submitted to City's Chief Executive Officer and Agency's General
Manager, who shall meet and attempt to resolve the issue. If the
issue in dispute is resolved at this step, there shall be a written
determination of such resolution, signed by City's Chief Executive
Officer and Agency's General Manager, which determination shall
Page 11 of 13 - Agreement with City of
L'
be binding on the parties. Resolution of an issue at this step
requires concurrence of both parties' representatives.
2. Step 2. In the event a dispute cannot be resolved at Step 1, the
matters remaining in dispute after Step 1 shall be reduced to
writing and forwarded to the Mayor and the Chairman of the Board
of Directors. Upon receipt of the written issue statement, the
Mayor and Chairman shall meet and attempt to resolve the issue.
If the issue is resolved at this step, a written determination of such
resolution shall be signed by the Mayor and Chairman. Resolution
of an issue at this step requires concurrence of both the Mayor and
the Chairman.
3. Step 3. In the event a dispute cannot be resolved at Step 2, the
parties shall submit the matter to mediation. The parties shall
attempt to agree on a mediator. In the event they cannot agree, the
parties shall request a list of five (5) mediators from the American
Arbitration Association, or such other entity or firm providing
mediation services to which the parties may further agree. Unless
the parties can mutually agree to a mediator from the list provided,
each party shall strike a name in turn, until only one name remains.
The order of striking names shall be determined by lot. Any
common costs of mediation shall be bome equally by the parties,
who shall each bear their own costs and fees therefor. If the issue
is resolved at this step, a written determination of such resolution
shall be signed by both parties. Resolution of an issue at this step
requires concurrence by both parties. In the event a dispute is not
resolved by mediation, the aggrieved party may pursue any remedy
available to it under applicable law.
B. Neither party may bring a legal action against the other party to interpret
or enforce any term of this Agreement in any court unless the party has
first attempted to resolve the matter by means of the dispute resolution of
subsection A above. This shall not apply to disputes arising from a cause
other than interpretation or enforcement of this Agreement.
Section 7. Effect of this Agreement
This Agreement shall supersede all prior agreements and amendments including
the "City Committee Agreement" between the parties with respect to sanitary sewerage
and service, storm and surface water management; provided that, except as expressly
modified herein, all rights, liabilities, and obligations of such prior agreements shall
continue. This agreement shall be effective upon its execution by both parties hereto, and
shall continue in effect for four renewable terms of five years each. This Agreement shall
be deemed automatically renewed for a succeeding five year term up to a limit of 20
years, unless either party gives the other written notice not less than one year prior to the
Page 12 of 13 - Agreement with City of
nominal expiration of term of its intent not to renew this agreement. If Agency enters
into an intergovernmental agreement with any other city in its territory covering the same
subject as this Agreement and if any of the provisions of the other agreement differ from
this Agreement, the City may elect to replace any provision of this Agreement with the
parallel provision from the other agreement, with the exception of Appendix A and
Exhibit A. The replacement shall be effective on receipt by Agency of written notice
from the City. This Agreement may not otherwise be modified except by written
amendment or as otherwise specified in this Agreement.
Section 8. Severability
In the event a court of competent jurisdiction shall deem any portion or part of
this agreement to be unlawful or invalid, only that portion or part of the agreement shall
be considered unenforceable. The remainder of this agreement shall continue to be valid.
IN WITNESS WHEREOF, this instrument has been executed in duplicate by
authority of lawful actions by the Council and Agency Board of Directors.
UNIFIED SEWERAGE AGENCY CITY OF , OREGON
OF WASHINGTON COUNTY, OREGON
By By
Chairman, Board of Directors Mayor
Attest:
Approved as to Form: City Recorder
Attorney for Agency City Attorney
Page 13 of 13 - Agreement with City of
AGENDA I T EM #
FOR AGENDA OF November 21, 2000
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
ISSUE/AGENDA TITLE Briefing on potential new City Code section governing telecommunications
franchises
PREPARED BY: Craig Prosser DEPT HEAD OK Q-P CITY MGR OK
ISSUE BEFORE THE COUNCIL
Should Council direct staff to prepare amendments to the Tigard City Code to add a new section governing
telecommunications franchises?
STAFF RECOMMENDATION
Direct staff to prepare an ordinance amending the Tigard City Code for Council consideration on December 19,
2000.
INFORMATION SUMMARY
Tigard and many other cities are experiencing a major increase in the number of companies seeking franchises
to provide telecommunications services within the City. In the past, the only providers of these services were
the major telephone companies (GTE and US West). After the passage of the federal Telecommunications Act
of 1996, cities began to see more companies offering telecommunications services. By 1999, advances in
technology created a major increase in telecommunications companies.
In the past, with limited numbers of telecommunications providers, many cities negotiated franchises on a case
by case basis. Few cities had code sections governing telecommunications franchises. Tigard does not
presently have a Telecommunications Code.
Since September of 1999, Tigard has issued seven new telecommunications franchises. Two additional firms
have expressed interest in receiving franchises. It is likely that Tigard will receive additional requests in the
future.
The Telecommunications Act of 1996 requires that cities regulate telecommunications companies on a
"competitively neutral basis" and that cities erect no "barriers to entry" into their cities. Basically, this means
that local franchises must treat all new businesses as equally as possible and limits cities' ability to deny a
franchise.
Given the numbers of telecommunications companies seeking franchises from the City of Tigard, and the need
to treat all franchises on a "competitively neutral" basis, staff has begun to explore the possibility of adding a
section to the Tigard City Code to create an overall framework for telecommunications activity within Tigard,
to codify certain minimum requirements, to add additional requirements to address identified problem areas,
and to ensure consistency among City franchises.
At this meeting, City staff and the City Attorney will brief the City Council on these issues, identify potential
Code requirements, and obtain Council direction on the creation of a Telecommunications Code. Staff is
presently working on a discussion document which will be distributed to Council prior to this meeting.
OTHER ALTERNATIVES CONSIDERED
This session is a briefing only. Alternatives will be presented for discussion at the meeting.
VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY
NA
FISCAL NOTES
NA
i:kitywide\sum.dot
Additional Materials
for this item
Briefing on Potential New
City Code Section Governing
- Telecommunications
Franchises
Will be in your,
November 17
Newsletter
MEMORANDUM
CITY OF TIGARD, OREGON
TO: Honorable Mayor & City Council
FROM: Bill Monahan
DATE: November 17, 2000
SUBJECT: Telecommunications Ordinance
Agenda Item No. 3 of the -November 21 Council meeting is a briefing on a potential new
City Code Section governing telecommunications franchises. Finance Director Craig
Prosser and City Attorney Tim Ramis have been working on this ordinance.
Enclosed for your review is a memorandum from Gary Firestone of the City Attorney's
office dated November 15, 2000, along with a draft Telecommunications Franchise
Ordinance.
City staff have reviewed the draft ordinance and have identified some minor changes
including typographical errors and minor word changes. Following Council review during
the Workshop Meeting, staff will prepare a new draft with the assistance of the City
Attomey's office and present it to the City Council for consideration on December 19.
encl
1:{ACM'BILLIMEMOSITELECOPAIUNICATYJN$ FRANCHISE DRAF Q)0C
RA M_ 1~
B~CWHRACHB LLP
ATTORNEYS AT LAW
1727 N.W. Hoyt Street
Portland, Oregon 97209
(503) 222-4402 MEMORANDUM
Fax: (503) 243-2944
TO: Craig Prosser Finance Director
City of Tigard
FROM: Gary Firestone, City Attorney's Office
DATE: November 15, 2000
RE: Telecommunications Ordinance Issues
The following contains our responses to your questions and comments on the draft
telecommunications ordinance. A revised draft is enclosed.
Section 5.14.060(b)(3) What is the purpose of this section?
The telecommunications ordinance is intended to apply to a broad range of entities not just
"telecommunications utilities" as defined in ORS chapter 759. "Exchange access services', as defined in
the statute will not be a relevant term for many telecommunications service providers. Section
5.14.060(b)(3) is intended to capture 5 percent of gross revenues generated within the City including
monthly service charges all separately charged transmission charges if the transmission is both sent and
received in the City, and 2.5 percent of separately charged transmission charges if the transmission either
originates or is received in the City. Because you found this confusing, we have modified the wording
to try to make it more clear.
Memorandum re: Telecommunications Ordinance Issues
November 15, 2000
Page 2
Section 5.14.120 Do we need specific references to street cuts and flagging? Do we need to define
"material"?
Specific references to street cuts and flag ggin may not be necessary because they should be
covered by (a) and (b). However, we have amende the section to make it clear that failure to restore
rights of way or failure to comply with technical, safety and engineering standards is grounds for
termination. Defining "material probably would not help because any definition would be subject to
interpretation. However because termination is discretionary we have eliminated the term "material"
so that the City Council has the authority to terminate or revoke for any violation. The Council will then
have discretion to determine whether the violation is sufficiently serious to justify termination or
revocation.
Former Section 5.14.140, now 5.14.156 Can the City demand free service?
While obtaining free service is fairly routine for solid waste franchisees it is far less common for
telecommunications franchisees. We have two serious reservations about the idea. The first is that the
requirement to provide free service is a type of tax or fee. Depending on the value of the service, a
franchisee could argue that the total imposition exceeds the 7 percent statutory maximum. The second
concern is that the City needs to treat franchisees uniformly. The City would not need lines or services
from all franchisees so the one or two that the City uses would not be treated in the same manner as
other franchisees. For these reasons, we recommend that the City pay lowest market rate for services.
Section 2.14.410 Why have a civil penalty provision?
The civil penalty provision is included to allow the civil infraction procedure to be used. With a
system that allows competition, the chances of having a franchisee who does not comply with the
franchise ordinance or agreement is increased. This gives the City an additional remedy for
noncompliance and is an additional incentive for proper performance by the franchisee. Generally, all
non-criminal violations of the city code should be a civil infraction with a specified penalty.
Amount of divergence from code.
Your response to our question/issue was to create a two tier system, with Tier 1 mandatory and
Tier 2 subject to negotiation within limits set by code. The system that the current version of the
ordinance uses is that if the franchisee accepts the standard agreement without modification they can be
approved by resolution. If they do not accept they need approval by ordinance. Our thout,t was that it
would be too complicated to try to list areas that the City could negotiate within limits. If they do not
agree, the City can negotiate but the final result will be subject to more intense Council review. Please
let us know if you wish us to make any changes.
Timing of Work
While it would be possible to have a window for franchise and permit applications, a more direct
way to control timing of work to coordinate construction and encourage the use of common trenches is
to authorize the City to include a condition in the permit regulating the timing of construction and
requiring coordination. We have added a provision to that effect in 5.14.204.
Public Easements
The provision in the CDC re public utility easements could clarify that all entities may use public
utility easements. Even if the language is changed, there may be existing public utility easements that
are limited in nature, so the definition of right of way has been amended accordingly.
Penaltyfor Underpayment
A new subsection to 5.14.154 is added to require the franchisee to pay the cost of the audit if the
audit reveals underpayment of 5 percent or more. A provision has been added to 5.14.060 requiring
payment of interest at the rate of 1 percent per month for all overdue payments. Please feel free to
adjust either amount or to suggest an alternative approach.
Memorandum re: Telecommunications Ordinance Issues
November 15, 2000
Page 3
Placement of Equipment
Section 5.14.190 now has a provision relating to placement of facilities on City facilities.
Signal Interference
Federal preemption over regulation of signal interference is absolute. The City cannot regulate.
All it can do is require compliance with federal regulations, which it already does.
n
Memorandum re: Telecommunications Ordinance Issues
November 15, 2000
Page 4
Updating
Periodic u dates will be needed. At some point, all franchise provisions (with the possible
exception of solidpwaste) may be able to come under one set of rules. The most draconian way to ensure
periodic review is to have a sunset clause. However, sunset clauses are risky there is always a
possibility that the ordinance allowing, the continuation of the regulations will not be timely resulting in
a lapse of the regulation. Periodic review could be incorporated into work plans or similar documents.
Including All Utilities
At the resent time, it would be awkward to include electrical utilities because they are still
subject to greater regulation and less competition. Broadening should probably await further
developments in federal and state regulation.
Application to Existing Franchises
Section 5.14.430 has been amended to clarify the applicability of the Chapter to existing
franchises.
G ff/acm/90024/telecommunications.me2
TELECOMMUNICATIONS FRANCHISE ORDINANCE
5.14.010 Short Title
This Chapter shall be known and referred to as the Tigard Telecommunication Ordinance.
5.14.020 Definitions
(a) Telecommunications system. As used in this chapter, "telecommunications system"
means a system of fibers, lines, cables, antennas, microwave links, or other conduit and
supporting structures and equipment constructed or used for the purpose of transmitting
audio, video, digital or other forms of electric or electronic signals or information.
"Telecommunications system" does not include a cable communications system.
However, if a portion of a cable communications systems is also used for
telecommunications other than cable communications, the system is both a cable
communications system and a telecommunications system. Telecommunications system
does not include a system used for the transmission of electric power solely for power
purposes, even if a portion of the system is used to communicate information about the
power system for use by the system operator. Telecommunications system does not
include mobile telecommunications equipment (e.g. cellular phones, hand-held or
vehicle-mounted radios) but does include fixed antennas and other fixed equipment used
to convey signals to or from mobile telecommunications equipment.
(b) Franchise. As used in this chapter, "franchise" means the privilege conferred on a person
or entity by the City to place and operate portions of a telecommunications system in,
over or under rights of way. Franchises shall be conferred by ordinance and confirmed
by a franchise agreement.
(c) Right of way. As used in this chapter, "right of way" includes City streets, roads,
bridges, alleys, sidewalks, trails, paths, and all other public ways and areas managed by
the City. "Right of way" also includes public utility easements to the extent that the
easement allows use by the franchisee planning to use or using the public utility
easement. "Right of way" includes the subsurface under and airspace over these areas.
(d) Competitive telecommunications service provider. As used in this chapter, "competitive
telecommunications service provider" means an operator of a telecommunications system
that does not have exclusive rights to provide service to a geographic area under state or
+ federal law.
q 5.14.030 Purpose
a The purpose and intent of this ordinance is to:
a
(a) Comply with the provisions of the 1996 Telecommunications Act as they apply to local
governments, telecommunications carriers and the service those carriers offer;
Page 1
(b) Promote competition on a competitively neutral basis in the provision of
telecommunications services;
(c) Encourage the provision of advanced and competitive telecommunications services on the
widest possible basis to businesses institutions and residents of the City;
(d) Permit and manage reasonable access to the public rights of way of the City for
telecommunications purposes on a competitively neutral basis and conserve the limited
physical capacity of those public rights of way held in trust by the City;
(e) Assure that the City's current and ongoing costs of granting and regulating private access
to and the use of the public rights of way are fully compensated by the persons seeking
such access and causing such costs;
(f) Secure fair and reasonable compensation to the City and its residents for permitting
private use of the public rights of way.
5.14.040 Franchise Required
No person shall place or maintain any portion of a telecommunications system within a right of
way without a franchise. The City may grant a franchise allowing use of any right of way for
any portion of a telecommunications system, consistent with the regulations established in or
under the authority of this chapter.
5.14.060 Franchise Fee
(a) Any person applying for a franchise (including an application for renewal) shall pay an
application fee to cover the cost of processing the application. The City Council shall
establish the fee by resolution.
(b) A person granted a franchise shall pay an annual franchise fee in the amount of $7,500 or
the amount established under the following subsections, whichever is greater:
(1) For telecommunications utilities (as defined in ORS 759.005), five percent
4 of gross revenues received from exchange access services (as defined in
ORS 401.710) from customers within the City, less net uncollectibles from
such revenues.
0
H
(2) For long distance providers and private networks, _ per linear foot of
installations in the right of way.
7 (3) For competitive access providers and all other franchisees who not subject to
a subsections (1) and (2), five percent of gross revenues generated within the City.
Gross revenue generated within the City includes monthly service charges paid by
customers within the City, the full amount of charges for separately charged
transmissions originating and received within the City, half the amount of
Page 2
separately charged transmissions that either originate or are received within the
City but are received or originate outside the City, any amounts received for rental
of facilities within the right-of-way, and any other amounts received by the
franchisee for services (including resale services) provided by the franchisee that
use facilities within the right of way.
In the event that a transmission is sent or received by a mobile device (e.g.
cellular phone), the mobile device shall be deemed to be in the jurisdiction where
the bills for use of the device are sent, regardless of actual location at the time of
the transmission.
(c) The franchise fee is compensation for use of rights of way and reimbursement of the
City's cost of administering the program created in this chapter. The franchise fee is
separate and distinct from any other legally authorized federal, state or local taxes or fees.
(d) The fees imposed by this chapter are not subject to the property tax limitations of Article
XI, sections I I(b) and 11(19) of the Oregon Constitution and are not fees imposed on
property or property owners by fact of ownership and are not new or increased fees for
purposes of those subsections.
(e) The franchise fee shall be payable (annually, quarterly, monthly) within - days
of the end of the (year, quarter, month). The franchisee shall pay interest at the rate of
one percent per month for any payment made after the due date.
5.14.070 Application
An application for a franchise shall include:
(a) A completed City application form. The City Finance Director shall prescribe the form to
be used.
(b) Information identifying the applicant and describing the telecommunications system the
applicant proposes to operate in rights of way. The initial application shall include
engineering plans, specifications and a network map showing the anticipated location and
L4 route of proposed telecommunications facilities in the right of way, including both
y existing and proposed facilities. If any of the facilities are owned by others, that
information should be provided.
(c) Information establishing that the applicant has obtained all other required governmental
a approvals to construct and operate the system and to offer or provide the
telecommunications services proposed, including, if applicable, any PUC filings or
7 approvals.
a
a
(d) The application fee.
Page 3
(e) Information showing that applicant has the financial, technical and legal capacity to
provide the services and comply with the requirements of this chapter. That information
shall include a summary of the franchisee's business history.
(f) A business plan showing the intention and ability to provide services for which the
franchise is required within _ months.
5.14.080 Grant of Franchise
(a) To competitive telecommunications service providers. The City Council may grant by
resolution a telecommunications franchise to any person providing competitive
telecommunications services who has submitted an application, meets the requirements of
this Chapter, and agrees to sign the City's standard franchise agreement without
modification. The franchise shall not be effective until the applicant signs the City's
standard Telecommunications Franchise Agreement. The City Council shall approve the
form of the standard Telecommunications Franchise Agreement by resolution.
(b) To others. The City Council may grant telecommunications franchises in any other
circumstance by ordinance. Any franchise ordinance shall not be effective until a
franchise agreement is entered into by the City and the franchisee.
(c) Nonexclusivity. All telecommunications franchises granted to competitive
telecommunications service providers shall be nonexclusive.
Page 4
5.14.085 Denials
Any denial of a franchise application shall be in writing and state the reasons for the denial. The
City may deny an application for a franchise:
(1) If the franchisee has not complied with all application requirements and standards;
(2) If the franchisee lacks sufficient financial, technical or legal capacity to
provide services and assure compliance with applicable standards;
(3) If the franchisee has a record of non-compliance;
(4) If other factors demonstrate that the grant of a privilege to use rights of
way is not in the public interest of the City and its citizens.
5.14.090 Privilege Granted
The franchise shall grant a privilege to use rights of way consistent with the requirements of this
chapter. The franchise does not convey any right, title or interest in the right of way.
5.14.100 Term
0
Unless otherwise specified in the franchise agreement and resolution or ordinance, franchises
shall be in effect for ten years but in no case shall exceed 15 years.
5.14.120 Revocation or Termination of a Franchise
The City Council may terminate a franchise for any of the following reasons:
(a) Violation of this telecommunications ordinance.
(b) Violation of a franchise agreement.
(c) Misrepresentation in a franchise application, including a renewal application.
(d) Abandonment of facilities.
(e) Failure to pay taxes, compensation, fees or costs due the City.
(f) Failure to restore rights of way after construction.
(g) Failure to comply with technical, safety and engineering standards.
Page 5
5.14.130 Notice and Cure
The City shall give franchisee written notice of any apparent violations before terminating a
franchise. The notice shall include a short and concise statement of the nature and general facts
of the violation or noncompliance and provide a reasonable time (no less than 20 and no more
than 40 days) for the franchisee to demonstrate that the franchisee has remained in compliance,
that the franchisee has cured or is in the process of curing any violation or noncompliance, or that
it would be in the public interest to impose a penalty or sanction less than termination. If the
franchisee is in the process of curing a violation or noncompliance, the franchisee must
demonstrate that it acted promptly and continues to actively work on compliance. If the
franchisee does not respond or if the City Manager determines that the franchisee's response is
inadequate, the City Manager shall refer the matter to the City Council, which shall provide a
duly noticed public hearing and determine whether the franchise shall be terminated..
5.14.140 Standards for Termination
In determining whether termination or some other sanction is appropriate, the following factors
shall be considered:
(a) The egregiousness of the misconduct;
(b) The harm that resulted;
(c) Whether the violation was intentional;
(d) The franchisee's history of compliance;
(e) The franchisee's cooperation in discovering, admitting and/or curing the violation.
5.14.150 Renewal
A franchisee that desires to renew a franchise shall submit an application for renewal on a form
prescribed by the Finance Director no less than 180 days before expiration of the franchise.
5.14.152 Assignment or Transfer of Franchise
i
A franchise may not be transferred or assigned without the express written consent of the City.
A transfer of ownership or control of a majority interest in the franchisee shall constitute transfer
i of the franchise. If a franchise is assigned or transferred, the assignee or transferee shall become
responsible for all facilities of the existing transferee at the time of transfer. The City shall
a allow the transfer or assignment if a transfer fee in an amount determined by resolution has been
3 paid, the transferee or assignee meets all requirements imposed on franchisees, and the transferee
or assignee agrees in writing to be bound by the franchise agreement and all applicable
regulations. A transfer or assignment of a franchise does not extend the tern of the franchise.
5.14.154 Duty to Provide Information, Audit Responsibility
Page 6
Within 10 business days of a written request from the City, franchisee shall furnish the City:
(a) Information sufficient to demonstrate that franchisee is in compliance with this ordinance
and its franchise agreement;
(b) Access to all books, records, maps, and other documents, maintained by the franchisee
with respect to its facilities in rights of way so that the City may perform an audit.
Access shall be provided within the Portland Oregon metropolitan area.
(c) If the City's audit of the books, records and other documents maintained by franchisee
demonstrate that the franchisee has underpaid the franchise fee by five percent or more in
any one year, franchisee shall reimburse the City for the cost of the audit and shall pay
interest as specified in Section 5.14.060 from the original due date.
5.14.156 Service to the City
If the City contracts for use of telecommunications facilities, services, installation or
maintenance from the franchisee, the franchisee shall charge the City franchisee's most favorable
rate offered at the time of the request to similar users within Oregon for a similar volume of
service, subject to state law. With the City's permission, the franchisee may deduct any
applicable charges from franchise fee payments. Other terms and conditions of services provided
by franchisee to the City may be specified in a separate agreement.
5.14.158 Leased Capacity
A franchisee may lease capacity or bandwidth on its systems to others, provided that the
franchisee provides the City with the name and business address of any lessee. All persons
leasing capacity or bandwidth on a telecommunication system and providing telecommunications
services to others using that capacity or bandwidth are required to obtain a telecommunications
franchise.
5.14.160 Insurance
All franchisees shall secure and maintain public liability insurance, with a 30 day cancellation
4 clause, with a combined single limit of $3 million, insuring the franchisee and the City. The
franchisee shall cause a certificate of insurance to be provided to the City Recorder. The
insurance shall indemnify and hold the City harmless against liability or damage which may arise
or occur from any claim resulting from franchisee's operations under this agreement and shall
provide for a defense of the City against such claims.
a As arx alternative, a franchisee may provide and keep in force self-insurance in an equal amount
j to the insurance required to be obtained from a third-party insurer. The franchisee shall
indemnify, defend and hold harmless the City through its self-insurance program against any and
all claims, actions, demands and suits (including attorney fees and costs) arising our of or
resulting from the franchisee's activities. The franchisee shall provide proof of self-insurance
acceptable to the City if it chooses to self-insure.
Page 7
5.14.170 Indemnification
Each franchisee shall defend, indemnify and hold the City and its officers, employees, agents and
representatives harmless from and against any and all damages, losses, and expenses, including
reasonable attorney fees and costs of suit or defense, arising out of, resulting from, or alleged to
arise out of or result from the negligent, careless, or wrongful acts, omissions, failure to act, or
other misconduct of the grantee or its affiliates, officers, employees, agents, contractors,
subcontractors, or lessees in the construction, operation, maintenance, repair, or removal of its
telecommunications facilities, and in providing or offering telecommunications services over the
facilities or network, whether such acts or omissions are authorized, allowed, or prohibited by
this Ordinance or by a franchise agreement.
5.14.180 Performance Surety
Each franchisee must provide a performance bond acceptable to the City as security for the full
and complete performance of any franchise granted under this Ordinance, to cover any costs,
expenses, damages or loss the City pays or incurs because of any failure attributable to the
franchisee to comply with the codes, ordinances, rules, regulations or permits of the City. The
bond shall be in amount sufficient to pay for the removal of all of franchisee's facilities within
the right of way.
5.14.190 Facilities
All telecommunications facilities in the right of way shall be constructed, installed,
operated and maintained in accordance with all applicable federal, state, and local statutes, codes,
ordinances, rules and regulations. All facilities shall comply with applicable design standards
imposed by regulation or construction permit. No facility may be placed on any City facility
without the express written consent of the City. The City may require separate payment for
rental of space on City facilities. For purpose of this section, a right of way, street or sidewalk is
not a facility, but structures, including poles, conduit, boxes, and equipment, are facilities.
Page 8
5.14.200 Construction Permits
No person shall construct or install any telecommunications facilities within a public right of
way without first obtaining a construction permit, and paying the construction/street opening fee
established pursuant to Section 5.14.202. No permit shall be issued for the construction or
installation of telecommunications facilities within a right of way unless the telecommunications
carrier has obtained a franchise. Construction permits may be applied for at the same time a
franchise is applied for.
5.14.202 Permit Applications
A. Applications for construction permits shall be submitted on forms provided by the City
and shall be accompanied by drawings, plans, and specifications in sufficient detail to
demonstrate:
1. That the facilities will be constructed in accordance with all applicable
codes, rules and regulations;
2. That the facilities will be constructed in accordance with the franchise agreement;
3. The location and route of all new facilities to be installed as well as all of
applicant's existing facilities in the construction area, including a cross-section to
show the facilities in relation to the street, curb, sidewalk and right of way.
4. The construction methods to be employed for protection of existing
structures, fixtures and facilities and a description of any improvements that the
applicant proposes to temporarily or permanently remove or locate.
B. Applications for construction permits shall be accompanied by the following:
1. A verification of a registered professional engineer that the drawings,
plans and specifications submitted with the application comply with all applicable
technical codes, rules and regulations.
1 2. A written construction schedule, which shall include a deadline for
completion of construction. The construction schedule is subject to approval by
the City Engineer.
H
i 3. The construction/street opening fee in an amount to be determined by
resolution of the City Council. The fee shall be designed to defray the costs of
city administration of the construction permit program.
Page 9
5.14.203 Review by City Engineer
The City Engineer, after reviewing the materials submitted with the application, shall notify the
franchisee if changes in the construction plans are needed and what City requirements must be
met. If any work otherwise normally requiring a construction permit is conducted in response to
an emergency, the franchisee shall furnish the required maps and materials within 30 days of
commencing work.
5.14.204 Permit Issuance
Upon a determination that the application and supporting information complies with the
requirements of this chapter, the City Engineer shall issue a permit authorizing construction of
the facilities, subject to conditions that the City Engineer deems appropriate to ensure
compliance with this chapter and to protect the public health, safety, welfare and interest. In
order to minimize disruption to transportation and to coordinate work to be performed in the
right of way, the permit may specify a time period within which all work must be performed and
require coordination of construction activities. The City Engineer may impose conditions
regulating the location and appearance of facilities.
5.14.206 Notice of Construction
Except in an emergency, the permittee shall notify the City Engineer not less than two working
days prior to any excavation or construction in the right of way.
5.14.208 Compliance with Permit
All construction shall be in accordance with the permit and approved plans and specifications.
The City Engineer or designee shall be provided access to the work site and the opportunity to
inspect any work in the right of way. The permittee shall provide, upon request, any information
needed by the City Engineer or designee to determine compliance with applicable requirements.
All work that does not comply with all requirement shall either be corrected or removed at the
sole expense of the permittee. The City is authorized to issue stop work orders to assure
compliance with this Chapter.
5.14.209 Construction in Right of Way
The franchisee shall complete all construction within the right of way so as to minimize
disruption of the right of way and utility service and without interfering with other public and
private property. All construction work within rights of way, including restoration, must be
completed within 120 days of issuance of the construction permit unless an extension or alternate
schedule has been approved by the City Engineer. The franchisee shall comply with City traffic
control procedures and standards.
5.14.210 As Built Drawings
Page 10
LM
Franchisee shall provide City with two complete sets of engineered plans in a form acceptable tot
the City drawn to scale showing the location of all its telecommunications facilities within rights
of way after initial construction of its system and shall provide the City two updated complete
sets of as-built plans annually.
5.14.220 Damage to Grantee's Facilities
The City snail not be liable for any damage to or loss of any telecommunications facility as a
result or in connection with any work by or for the City or for any consequential damages or
losses resulting from such work unless the damage or loss is the direct and proximate result of
willful, intentionally tortious, or malicious acts by the City.
5.14.230 Restoration of Public Rights of Way and City Property
(a) When a franchisee, or any person acting on its behalf, does any work in or affecting any
public rights of way or City property, it shall, at its own expense, promptly remove any
obstructions therefrom and restore such ways or property to good order and condition
unless otherwise directed by the City and as determined by the City Engineer or designee.
(b) If weather or other conditions do not permit the complete restoration required by this
section, the franchisee shall temporarily restore the affected rights of way or property.
Such temporary restoration shall be at the franchisee's sole expense and the permittee
shall promptly undertake and complete the required permanent restoration when the
weather or other conditions no longer prevent such permanent restoration. Any
corresponding modification to the construction schedule may be subject to approval by
the City.
(c) If the franchisee fails to restore rights of way or property to good order and condition, the
City shall give the franchisee written notice and provide the franchisee a reasonable
period of time not exceeding thirty (30) days to restore the rights of way or property. If,
after said notice, the franchisee fails to restore the rights of way or property to as good a
condition as existed before the work was undertaken, the City shall cause such restoration
to be made at the expense of the permittee.
(d) A franchisee or other person acting in its behalf shall use suitable barricades, flags,
flagging attendants, lights, flares and other measures as required for the safety of all
members of the general public and to prevent injury or damage to any person, vehicle or
property by reason of such work in or affecting such rights of way or property.
Page 11
(e) Franchisee shall restore all streets, alleys, roads and other public ways or places that it
disturbs to the same condition the area was in prior to franchisee's work. Franchisee shall
perform all work in compliance with applicable rules, regulations, ordinance or orders.
The City Engineer may issue orders to ensure compliance with this Ordinance and proper
protection of public and private property. If the franchisee fails to make repairs or
provide restoration in response to any order within the time allowed under the order, City
may make those repairs at the expense of the franchisee.
5.14.240 Performance and Completion Bond
Prior to installing new telecommunications facilities in any right of way, the franchisee shall
provide a performance bond or other surety acceptable to the City in an amount equal to at least
110% of the estimated costs of constructions of the new facilities within the rights of way. The
surety shall remain un force until 60 days after substantial completion, including restoration of
public rights of way and other property, as determined by the City. The surety shall guaranty
timely completion, construction in compliance with applicable plans, permits, codes and
standards, proper location, restoration of public rights of way and other property, and timely
payment and satisfaction of all claims, demands or liens for labor, material or services.
5.14.300 Location of Facilities
All facilities located within the public right of way shall be constructed, installed and located in
accordance with the following terms and conditions, unless otherwise specified in a franchise
agreement.
(a) Whenever all existing electric utilities, cable facilities or telecommunications facilities
are located underground within a public right of way of the City, a franchisee with
permission to occupy the same public right of way must also locate its
telecommunications facilities underground.
(b) Whenever all new or existing electric utilities, cable facilities or telecommunications
facilities are located or relocated underground within a public right of way of the City, a
franchisee that currently occupies the same public right of way shall relocate its facilities
underground concurrently with the other affected utilities to minimize disruption of the
public right of way, absent extraordinary circumstances or undue hardship as determined
by the City and consistent with applicable state and federal law.
Page 12
5.14.310 Interference with Rights of Way
No franchisee may locate or maintain its telecommunications facilities so as to unreasonably
interfere with the use of the public rights of way by the City, by the general public or by other
persons authorized to use or be present in or upon the public rights of way. All use of public
rights of way shall be consistent with City codes, ordinances and regulations. No franchisee
shall engage in work in a right of way during any moratorium on right of way work, except as
permitted by the City in case of an emergency.
5.14.320 Relocation or Removal of Facilities
The franchisee shall temporarily or permanently remove, relocate, change or alter the position of
any telecommunications facility within a public right of way when requested to do so in writing
by the City. The removal, relocation, change or alteration shall be at franchisee's expense when
the removal, relocation, change or alteration is needed because of construction, repair,
maintenance, or installation of public improvements or other operations of the City within the
right of way or is otherwise -in the public interest. In the event that the removal, relocation,
change or alteration is needed to accommodate private development or other private use of the
right of way, the developer or other private party requiring the action shall be responsible for the
cost of removal, relocation, change or alteration. The franchisee shall be under no obligation to
remove, relocate, change or alter its facilities to benefit a private party unless and until the
private party pays a deposit for costs to the franchisee. The City shall specify in the written
notice the amount of time for removal, relocation, change or alteration. In the event of
emergency, the franchisee shall take action as needed to resolve the emergency, and the City may
use any form of communication to direct the franchisee to take actions in an emergency to
protect the public safety, health and welfare.
5.14.325 Plan for Discontinuance or Removal
Whenever a franchisee plans to discontinue any telecommunications facility, the franchisee shall
submit a plan for discontinuance to the City. The plan may provide for removal of discontinued
facilities or for abandonment in place. The City Engineer shall review the plan and issue an
order to the franchisee specifying which facilities are to be removed and which may be
abandoned in place The order shall establish a schedule for removal. The franchisee shall remain
responsible for all facilities until they are removed.
i
i
{
{
!S
I
Page 13
5.14.330 Removal of Abandoned Facilities
Within 30 days following written notice from the City, a franchisee and any other person that
owns, controls, or maintains any unauthorized telecommunications system or facility within a
right of way shall, at its own expense, remove the facilities and restore the right of way. A
telecommunications facility that the City Engineer has approved to be abandoned in place is not
an unauthorized telecommunications facility. A telecommunications system or facility is
unauthorized under the following circumstances:
(a) The telecommunications system or facility is outside the scope of authority granted by an
existing franchise. This includes systems or facilities that were never franchised and
systems or facilities that were once franchised but for which the franchise has expired or
been terminated. This does not include any facility for which the City Engineer has
authorized abandonment in place;
(b) The system or facility has been abandoned and the City Engineer has not authorized
abandonment in place. A system or facility is abandoned if it is not in use and not
planned for further use. A system or facility will be presumed abandoned if it is not use
for a period of 90 days. A franchisee may overcome this presumption by presenting plans
for future use of the facility that demonstrate planned use within a reasonable period.
(c) The facility is improperly constructed or installed or is in a location not permitted by the
franchise or this Ordinance.
5.14.335 Removal by City
If the franchisee or former franchisee fails to remove any facility when required to do so
under this Ordinance, the City may remove the facility and the franchisee or former shall be
responsible for paying the full cost of the removal and any administrative costs incurred by the
City in removing the facility and obtaining reimbursement.
5.14.340 Coordination of Construction Facilities
All franchisees shall make a good faith effort to coordinate their construction schedules with
those of the City and other users of the rights of way.
(a) Prior to January 1 of each year, the franchisee will provide the City with a schedule of
planned construction work for that year in or that may affect the right of way.
(b) Franchisee agrees to meet with the City at least once each calendar year, at the request of
the City, to schedule and coordinate work in rights of way. City shall share information
on plans for other construction projects within rights of way.
(c) All construction projects within rights of way shall be coordinated as ordered by the City
Engineer or designee, to minimize public inconvenience, disruption, or damages.
Page 14
MISS 1. M
5.14.400 Severability and Preemption
If any provision of this Ordinance is for any reason declared or held to be invalid or
unenforceable by any court of competent jurisdiction or superseded by state or federal
legislation, rules, regulations or decision, the remainder of this Ordinance shall not be affected
and all remaining portions shall be valid and enforceable to the fullest extent permitted by law.
In the event any provision is preempted by federal or state law, the provision shall be preempted
only to the extent required by law and any portion not preempted shall survive. If any federal or
state law resulting in preemption is later repealed, rescinded or amended to end the preemption,
the preempted provision shall return to full force and effect without further action by the City.
5.14.410 Penalties
Failure to comply with a provision of this Ordinance shall be a Class _ civil infraction.
5.14.420 Other Remedies
Nothing in this Chapter shall be construed as limiting any judicial or other remedies the City may
have for enforcement of this Ordinance.
5.14.430 Application to Existing Agreements
This Chapter shall be applied to all persons and activities except that it shall not affect contract
rights of existing franchisees. This Chapter shall apply to existing franchisees on termination of
existing franchises.
gff/acrt✓90024/telecommunications.or2(t 1/15/00)
Page 15
0
A
0
0
•
• s Tiy,-"ard
r •
i el • bcommunications
TKO; l~* F} r r {~yrsr.3
YE-
z ~ r ~w
ro • ® 0 0 0
O
Bill
0
Pro.1
Telecommunications Act of 1996
• Explosion of telecommunications franchises
• No set standards -everything is subject to
negotiation
Need consistent approach to avoid erecting
"barriers to entry " and to remain
"competitively neutral"
e
e
lac 'elm
r
ro ~i WN
• Researched model ordinances
• Reviewed Tigard standard franchise
agreement
Discussed with Franchise Coordination
Group
LL' 171D1L11 i U l.L".L
I~
O
•
4 $ i
4
® Create a section of Tigard City Code that
governs telecommunications franchises
(overall framework)
®Approve new franchises within that
framework by resolution of Council (not
ordinance)
Any franchises created outside of this
framework would require a City ordinance
® 0 0 0 0 0 0 0
I
STRIP ; ; .
XT 1
OWN,
I TS
,his
aCd Ira
taxld
uCCent
jokkoW
® Genet
went
a Cie o,rement
0 eilstlng ~,,emeflts
eve cep
some
Creates
.
.
.
o _
~ication
App
by
prescribed
City Application form Manager
Finance DirectOrlCity ,
about the aPPlicant
Information S ecifications,
. preliminary engineering plans, p
and maps
cQ~pany has received all P C)
. proof that ental approvals (`~•eernm
necessary 90\1
e continued
NNW-
nt' l
hIllca~, and 1ega~ a
of financial, tee , ~lud~ng . proof ~t to pto\jl--e services
t,s bUS~nesS k~jstofy
capmm oI appoican
de
Su ~ t to Pro`v'
ess pavan shown ~d Pe 01 time.
A bus►n ecefSefv~ces with`n a Sp
• p~pplicatwn fee
e
~ppliCatio{n Fie (e h)
• Set by Council resolution
• Recover cost of processing franchise
application
9 Limit speculative applications
s
0
e ~
r -nG
• Minimum fee of $7,500 per year (existing)
• Maximum fee of 5% of gross revenues
(existing)
• Per linear foot charge for long distance
providers and private networks (new)
Denial, RevuA---cation, and
TermLna~n (n-)Y
• Establishes standards for denial of
application
Identifies reasons a franchise may be
revoked
• Establishes standards to be considered in a
possible termination of the franchise
• Violation of ordinance is a Civil Infraction
0
~,uypu,ii x oi~r e
01
rho
s
com'P~iance
ce bond to e e removal of facilities
performan if
. to e;~sur
(su{{+cien~. size
necessaf~) ~ t~ of
t on bind eaua
e Coll strue (;cost to gual nee with construc~►on
construt►on comPOla
GomP~et►on and
standards
0
LP+1T115u'L
lY oink (;tlu
1 ■
loin
;s COOV61~ ~~wl
d
e to A, prov
a prior
of construction
each calendar.
City at lea~$ once
oordin
. Meet With edUte and c ate
year to sch
ordered bY
ction as ~ e
to cons~ru
. G ~ CEnaineer
c► y
,o
Now
01
VOL
men
e
F
Written
sfer Ise without
of
. No trap f the c~~y ~exist~n9~
con sent ~ ~Sier lee kne~~
. payment o~ a tra \,3e bound
a in writing; c !e
e'mgree
ent and app
. ,,.,nSjere, seem ne wt
by Iranclolse ae .his ordinance) ~
regueat►ons
s
Term of Franchise (existing)
• Mandates that the term of a franchise shall be
10 to 15 years (assumption will be 10 years)
0
m
ranee ►n amount of
. Public liability ►nsu
illion (e)isting is $1 million)
m
Allows self insurance (existing)
.
moo
0
0
P e rM ~.~s
co Must apply for construction and street
opening permits (existing)
• Must pay applicable permit fees (new)
• Specifies information to be submitted with
permits (exists informally)
e
Rights-of-..Way
• Defines Rights-of-Way to include public utility
easements (new)
• Requires restoration of rights-of-way (existing)
• Location of facilities (existing)
- Underground when all other utilities are located underground
- Requires relocation underground under certain
circumstances
I oil
a Abandoned Facilitiesin-,
With approval of City Engineer, may be left in
place
• City may remove at franchisee's expense
s
0
NpxtSteps
Approval to proceed with development of this
ordinance
• Share with existing and pending telecommunications
franchisees requesting comments
Share with coordinating cities & request comments
Schedule for Council consideration on December 19,
2000
• Future issue expand to cover other types of
franchises?
AGENDA ITEM #
FOR AGENDA OF 21 November 2000
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
ISSUE/AGENDA 'T'ITLE Proposal for the City of Tigard to become a Trce Citv USA.
PREPARED BY: Matt Stine DEPT HEAD OK ~ CITY MGR OK
ISSUE BEFORE THE COUNCIL
Shall the Council direct staff to pursue National Arbor Day Foundation's Tree City USA designation.
STAFF RECOMMENDATION
For the City Council to give the Department of Public Works- Parks Division permission to pursue Tree City
USA status by following established guidelines.
INFORMATION SUMMARY
The City of Tigard will benefit by becoming a Tree City USA in many ways such as:
• Ecological benefits that trees provide will enhance the City of Tigard as well as surrounding communities.
Ecological advantages of trees include wildlife habitat, clean oxygen, air pollution sinks, erosion control,
water retention, leaching and filtering out ground pollutants in the soil and water, uplifting human spirits,
aesthetic beauty, shade to cool streets, buildings or people in the summer, an windbreaks during the winter.
• Tigard will receive national recognition for its dedication to developing, preserving, and protecting its urban
forest.
• Community involvement in the city's urban forest. People throughout the city can work together to have
direct and very beneficial impacts to Tigard's urban forest through developing and executing tree planting
projects, ecosystem restoration projects, a city-wide street tree inventory, and numerous other activities and
projects involving trees.
• The City of Tigard can also use the four standards required to become a Tree City USA as integral guides in
planning and further developing the city's urban forestry program. The four standards are intended to
encourage citizen involvement with the city government programs to implement an urban forestry plan that
suits the entire city. Since there are so many different interests and ideas in how the city urban forestry plan
should be developed and carried out citizen involvement is necessary to ensure that the needs of everyone
are met.
• Becoming a Tree City USA shows the citizens of Tigard that the city government is committed to protecting
and enhancing its urban forest.
Pursuing "free City USA status will require the City to meet four established standards.
STANDARD 111: Allocate at least $2.00 per capita to the Urban & Community Forestry budget.
S'T'ANDARD 02: Develop a Tree Care Ordinance.
STANDARD 113: Develop and implement a Tree Board.
S'T'ANDARD 114: I loll an Arbor Day celebration including the Mayor reading a proclamation recognizing
Arbor Day 11or the City ol" I'igard.
OTHER ALTERNATIVES CONSIDERED
Continue developing our Urban & Community Forestry program without seeking national recognition from the
National Arbor Day Foundation.
VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY
By accomplishing the recommendation the Council would accomplish two Vision Task Force Goals:
Growth and Growth Management- by preserving, managing, and enhancing our street trees, park trees and
grcenways the City of Tigard is protecting natural resources areas from the impacts of increased growth.
Community Character and Quality of Life- volunteer spirit is an integral part of Tigard's urban forestry plan
development and improvement. Volunteers can help plant and maintain trees in their communities, help
develop and carry out a citywide street tree survey, help create planting plans in their communities, and
numerous other activities to enhance Tigard's urban forest.
FISCAL NOTES
Allocate at least $2.00 per capita towards the Urban & Community Forestry program. To qualify money can be
spent on the Urban Forester's salary, City workers' salaries when they perform tree work, computer software
pertaining to trees and the urban forest, contract work for tree care or removal, leaf and brush pick-up,
memberships to tree organizations, tree purchases, or tree care conferences and workshops.
i:tcitywidckum.doi
OWN
i
i
i
3
MEMORANDUM
TO: Ed Wegner
FROM: Matt Stine
RE: Tree City USA
DATE: November 14, 2000
The Tree City USA program is a nationally sponsored and recognized program of the
National Arbor Day Foundation, based in Nebraska City, Nebraska. In order for a city or
community to qualify as a Tree City USA they must meet four standards outlined by the
National Arbor Day foundation. The four standards are:
1) Establish a Tree Board- A tree board is a group of concerned citizens, a forestry
department, an advisory board, or an administrative commission. The tree board
..receives direction from a tree ordinance. Members of the tree board determine
the frequency of the meetings. Some of the issues tree boards would deal with
include:
■ Review tree planting, maintenance, and removal requirements.
• Assist in developing and updating a street tree inventory.
• Review existing street tree list for possible modifications.
■ Assist in selecting tree species for plantings on public property.
The City of Tigard can designate the Planning commission as the tree board.
The City Forester would be involved in all decisions the board makes regarding
trees and tree issues. The City Forester would develop relationships with people
in the communities (through outreach to the Community Involvement Teams) to
receive their input on trees and tree issues throughout the City. The City
Forester would then take their questions, concerns, requests, etc. to the tree
board for review. One duty of the City Forester would be a to act as a liaison
between community groups or individuals and the tree board. This way the
community's voice can be heard and addressed
Since one of the Planning Commission's duties will be to act as the tree board I
would suggest that future appointees be knowledgeable of and interested in
trees. For example, arborists, master gardeners, horticulturists, or landscapers.
Input from the communities WILL include ideas from these types of professional
people. Decisions may be challenged if input is ignored or dismissed.
2) Develop & Implement a Tree Ordinance- A tree ordinance can include any
guidelines that the city or community feels are important for the restoration,
preservation, or establishment of an urban forest. For example, a tree ordinance
may outline the rules and regulations for proper tree care maintenance, and
removal of trees on public property. Heritage trees (trees of historical value or
trees that are very large and/or old) may be identified, protected, and maintained
through a tree ordinance. The tree ordinance may also lay out the guidelines for
creating, updating, and maintaining a street tree list. Hazardous tree issues are
oftentimes addressed as well.
The City of Tigard can create its own tree ordinance to include any guideline,
rule, or regulation that is in the best interest of the City's urban forest. There are
tree ordinances in cities that are close by that we can look at to follow for some
direction and advice.
3) Spend at least $2.00 per capita on the Urban & Community Forestrkpro_ ram.
Every year at least $2.00 per capita must be spent on the Urban & Community
Forestry program. There are numerous expenses that the City of Tigard already
spends that may be counted towards the $2.00 per capita requirement including:
• The Urban Forester's salary.
• City Workers' salaries when performing tree care pruning, or
maintenance.
• Street tree inventory or other tree-related computer software.
■ Contract work for tree planting, care, maintenance, or removal.
■ Leaf and brush pick-up.
• Tree purchases.
• Volunteer hours spent performing tree planting, care, or maintenance.
• Any grant money spent by the City for tree-related activities.
• Equipment maintenance.
• Equipment purchases or rentals.
• Money spent on fertilizing.
■ Money spent on insect and/or disease control.
• Insurance.
■ Memberships or donations to tree organizations.
• Mulching.
■ Public education materials.
• Stump removal.
■ Tree care conferences & workshops attended by City workers.
• Watering trees.
4) Mayor reads a Proclamation and City Observes Arbor Day- An Arbor Day
celebration can be a very brief reading of the proclamation during a tree planting
ceremony or an all-day or all-week celebration. There are countless activities
that may occur during an Arbor Day celebration. Making a community-wide
celebration is ideal to make the day fun and memorable. Usually celebrations
are nuld ai uieroeniary or junior nigh schools.
Suggestions include organizing a fun run, holding a poster or poetry contest, pageants or
plays done by school stLidents, planting trees, demonstrations on proper tree care and
maintenance, tree giveaways, a local nursery open house, a forest/tree/park dedication, or
an Arbor Day fair.
To make the day official the mayor must issue a proclamation declaring the observance
of Arbor Day in the City of Tigard.
The City of Tigard will benefit by becoming a Tree City USA in many ways such as:
• Ecological benefits that trees provide will enhance the City of Tigard as well as
surrounding communities. Ecological advantages of trees include wildlife habitat,
clean oxygen, air pollution sinks, erosion control, water retention, leaching and
filtering out ground pollutants in the soil and water, uplifting human spirits, aesthetic
beauty, shade to cool streets, buildings or people in the summer, an windbreaks
during the winter.
• Tigard will receive national recognition for its dedication to developing, preserving,
and protecting its urban forest.
• Community involvement in the city's urban forest. People throughout the city can
work together to have direct and very beneficial impacts to Tigard's urban forest
through developing and executing tree planting projects, ecosystem restoration
projects, a city-wide street tree inventory, and numerous other activities and projects
involving trees.
• The City of Tigard can also use the four standards required to become a Tree City
USA as integral guides in planning and further developing the city's urban forestry
program. The four standards are intended to encourage citizen involvement with the
city government programs to implement an urban forestry plan that suits the entire
city. Since there are so many different interests and ideas in how the city urban
forestry plan should be developed and carried out citizen involvement is necessary to
ensure that the needs of everyone are met.
• Becoming a Tree City USA shows the citizens of Tigard that the city government is
committed to protecting and enhancing its urban forest.
a;-
W`
:zzt
2., x
cPe. Z
t
i
r'
! e
tY ; L- 1 1 ' 1
t ~ ` t ~i t S~
TREE CITY USA
Aplicati®
I Mail completed application with requested attachments to your state forester no later than December 31.
I The TREE CITY USA awa rd is made in recognition of work completed by the city during the calendar year.
Please provide information for the year ending.
I (Some states require information in addition to that requested on this application. Check with your state forester:)
I As of the city of
(Title - Mayor or other city official)
I herewith make application for this community to be officially recognized and designated as a TREE CITY USA for having
I achieved the standards set forth by The National Arbor Day Foundation as noted below (year)
I Standard 1: A Tree Board or Department
I List date of establishment of board, board members, and meeting dates for the past year; or name of city department and
manager.
I
I
I
I
I Standard 2: A Community'll•ee Ordinance
I Date ordinance established
Attach ordinance,
I Standard 3: A Community Forestry Program with an Annual Budget of at Least $2 Per Capita*
I Total community forestry expenditures $
Community population
I Attach annual work plan outlining the work carried out during the past year.
Attach annual budget.
*Note: $1 per capita will be accepted through 1990
I Standard 4: An Arbor Day Observance and Proclamation
I Date observance was held
Attach program of activities and/or news coverage.
I Attach Arbor Day proclamation.
I
I Signature Title Date
Please type or print the following:
I Mayor or equivalent City Forestry Contact
Name: Name:
I Title: _ Title:
a Address: Address:
City, state, zip: City, State, Zip:
a Phone Phone
g NOTE: Ifyourcommunityforer,:ry work involves some new ideas or special projects pleasesend photos, news stories, brochures, or other documentation forpossible
inclusion in National Arbor Day Foundation publications. (Such additional material is not necessary for your community to be designated as a Tree City USA.)
Certification
(To Be Completed by the State Forester)
B
a ~
(Community)
The above named community has made formal application to this office. I am pleased to advise you that we reviewed the
application and have concluded that, based on the information contained herein, said community is eligible to be
recognized and designated as a TREE CITY USA, for the calendar year, having in my opinion met the four
a standards of achievement in urban forestry.
Signed
I State Forester Date
Person in State Forester's Office who should receive recognition material:
Name: Address:
9 Title: City, State, Zip:
I Agency: Phone
I
I
M mi
1 M 4~
4 y r4 ~.e tyl ,yr. ~ ,w~s4 Fyt• ,SS
jFCC n h~s~ j S s i f t~~~'Yw}};i' ti{;iSi ~is't 11s7 •Y~.{JC}}1~i
y +4'? 7 ' Sic •A+~'~~4~ ~1 Zl}Ct j c
47 , ti f t TI F if ~ hT', 3 1 e ~42'r-'J' ~s3~.>~~✓ t3~ t v
y 4 J t . i e ~ i`-'~5~~+s ~R t•. t if ' tg~rn+'' p"$;~r
Ji !4 r i ti a$ ~ Zfi~nr ir~14 J
a c ~ p: 5 o v 'y ~ ; J y:
~ J.. , s •`c y 4. y 1 - fl yo ,:pFw ~",~5.,rx..~~ .~A 1'( LJyy~ ~1
f ) f 1; 1 t T j s 7 L'T 3 eT. tY 1 *~(~(.~,.~~s t3_ls4~y';4Y6}'N
s y.~ ) ~z i y ) ' s v ;`"<..j..7J si ~+$f•• 1/ Cib•!uat r• TTTTTT'~SyC.
+ ~ 5^'
...._.._=mar i - - ....u. _ ....,..._r....:.:..tu.^. ' -~•+...v.s:~.:~" v~~~:..~c.. ~,.yr ru.:' -
c 0
Ft * `
now=
t' t k^~ . ~L 1St. ~ * '~~Y F -
}
I Ir ee
a ~
® } i r
v } L.~
1
g \ 9 r P pit
vide er
ac r
W-12, AA
tt • M,
10
Idet,
Ad
a'
F ty ~ + t t
V r dlyw
Dim
V~ .'_4%y~+X. _ 1~ J\ •a=r'r k~y`\
tstry•
:i,'. +r~~Yo-~~t.~~~ .±,.1.e~', ~ t ~4•~?.. t,~...a/ • a ~~'-s 41 - F•'- a' :-.;Yi `
P ~r(r.~~~"yam _'fi'~y ~4:•($-~~1~"~q~ T 1`: _i. ~t ;
-fill
i O'' f, r•`f -Nkun
law
44 tit,
_ T11
r:~~ , ® . _ '..p.u~r r-~ .h `•t~,?,'-"•`~Zja, ~iL-"Y Sr
Jr'/Jr .A`id' . - • ,,tea _ .,~v). a 7,~ 'l.r` _ . t' ~c.'rS~ I
~ ~y .~1 •tii
ode C1
t
r> rH r .
O°LCO
..y`Gr ^r• 'r.')`.Gy d+ ,.I..r-~~~ ..~j ordinan-1: rov,
Ity
-wfl
r,y ~~l'~ ~'v' y+•'!r j .T A r r'~'{ ry 1
•r j, r\ f•. w 'fir:' V~~
' a •.`.._ss J;',t" .r t
f A'4•~. i s "
l b ~ { 3)r'1? { v.'~~'•twX,',:;:r,...l` 1'_ f .e'{-a.~ .1'~s'• _ .
1 j ' F1 Z~ i~'. rt a t°" ' ~
fore
t~> ® city-
•
ISM
At d
14
"p"TJ, .i t N' tij•7yt1' ~i r
Ilk
NPIO
_ l l-
LIM
ti;~. ems, Ys
AnwII
TA cly
y~} opas r, •1
« F .ice%, k
NMI
i=-_ I ' K 1 X11. & q+ l•.
> v
, 1, 'r `••'r; h ' +~''l! 'md S.
ago
. n " . flr,, . 1'rd~~~l ~ ti J • F Y.ri, I i + +i
r +l' , Yom; w• , f' Y ' F y. i
R ~•l' 4 irk AtJ r • 1 „it/1`,l~E 'dl, 1 r~11~ xI 'I
(41 .l A r
1. J ~.:1a t c,l too •r." l ~~~r}~'a~.:'il=, s.. l';',~~~~.~~~'~ /1~~~~.~ia ~'1 r Y~`~ii `~f~~
A
1 L, L
•"1 ~ " +P rah'
t
~y.. 67
+ 4
C~4 ow
r 44 ; r ` e r.
Iwo
44
.,A.A
-.f , k L Y ~r 7 e a ..k `4,. 3. fit`.' > ~t ; ' e~,ti.'"i- N'Z•$'K'~'y,y;:._s_F - fw
~ „r,l ``.r~ ►.-~tTa 4k j " x4 Ff!
^ f " .i.. t •a.: at-
r d >r • 4 - rn ~r 'S, ~ t .yl .g i ~~,~ntf
Mom
_ „Pw :fit
s
ka,
/ ~ efd
Oil
41
IN.
some 1
• ®it ,y %AJ..
fit 0
ti 'r ~R~ F R• i y i 1
® r
e ~ •
rte` r yFD r ~y k,: :1 1 -
p 1
oil
f~5m l,~~iL ~ :i • ,.''fly r
4k{ 4
gas&
• .f
f L_
t a
tY.1 • - i .„y,_ . ice' , ' , , i
1~'. ~ ray' _ I.`_ ~ l' ~ f~ $r •"I ' ~ ~ - ~ + + _ '
0 V;
m Pnt ci
1.
64-
~Q f - Tri -
XW
dr'? ,fib ILd. ~ 'fi ;'>i~ P 13P'~r• l~~r ~ i ¢
nin
b I ic
ti ~ , 4:~~ ~!1✓ s~ ~ ~'y~`,~.- _ • ~ ` I _ \ y ~ ;
~ ,k ~ x ~ •`m~ 'O 4~ "tom P 'y,~ _ -
TR VA i~
ti lci.~`~1Q1 emvl9J
3 ]jij L
L r 6 ? S.. _1W ./l+t ~tti i Li`'~$_rr'•, "t„}'! -
twT I ; x'~ ~ ~ ~L~y *ii~~ "~+-G at_~*~ cJ $ YjY yt'{S±~.s "e'
a`i' ;g 4 't sxi = ''l 'S ,y 4. a. ,~..a AT 41
iC'~-r. M 3* ~4 ~~,s•-~, i'. ~4 " i - i rte- ; ~ i ~ i.{«i.
Glob
w
a
s
•
0
~t~a®n and
hazard
~d~artcess veg ~Iparance can
® 7.40 7 ranch
Ar-tide TIT..
~t
ay to trees
with
are of0
®v _
Pr
2• • F a
OMO! Uality
dui r
GIs ear i
vIrc
0
6
1
re
for the r
blishe
sta }
18.745
r 5 .L
-t 7 n.fID~y,'a~1
• _ ~ ~ NF .i.,,µ4; 6w.
• ~ - ~ K-. ;r" -r :.rte- ('~1"'y~l#~s+~ga • " _ . +~.~r. i, ` ~ . . q.u,F -F r- ~ '^~3-d'_'V~'~~
_ G ! Av .,2n Li '~•Y' l M-+YF „nR a '1•i'f91p~' s,na- ova, n
1
r __.~~~1!-Y ® Taw".r.~V/~,~ .ran•~. # ~ 1~' ~~14~~~l w
1
r
• ~ r
i
1
d
p S
I ~
t ~ ! ~ ~ Y ~ ,`j• ~ • _ • r_' rA ~ ;;rrte~(
1 L • r i
/ r
j
• f1L • ~ • ~ .;l j ~ 'l } 1 4 r ~ ~djr •`M^J' cif:. 1 ~~A.J► '(,~4
tie • . ~`r' •'r , i r + d 1 ~7r ~ ,s , Rr _ , ~ y~TT. 1
i
7 1 f, y t
1
T flTTn T TTrTTCTTr%r.7fl
ast per
Cit e
e S- t
L t'
141jocatin
't Sr'
d Commu
~f
Urban to
Inest r 1
t
llL
t
chas
e t Y4 -
t
.r
~ u`3n, 1Y
a
a.
r
.
r'
1
rya ~ h,. .~~tu...': s..
t
i
' n ~4s ' ' r ~ ~ ;-~1+~ zl 4~9~ .i s. ~ ft~.•-....a-••....,.wr _
la.
• , c ~.t~ r~' 1®
V"" 1y~.~s~l,.,.,?'~rs'l"~"F t~J-fti i''2,r-f•.,,,a}q..._~-•+.~..~~ c'Y.y"q"•,y'*c.N'4~ •;'~.f3!
y i a ~ 'to. a,,~ ~ . ~ • ~ J ~ ~.~M~'"'~."r~~Y' w~s~-.1y s4"Y~, }{~+y`Ta'~~~t ~ : tY ~ H +
,y,,.,, - h•~ ~~','~J J 7 r~ ? ?fit k~.,~„"''~~ ~
_r.,. ~~.iRu.i •'1''9 y~+'. ~ ,..,.-m~a 4vi is ~~.~~M'~~ya '.{"'`'''`'.~/'..'t X~,~ .rS a~J ~ •ok.}`~~: a
, ~ ~ „ i~• ~ w" L,r ~ ~,{'.i'`"p, 5-,r s~ '§w»;+1, ~r ai t~• S H,•~.•~GbP~°''% `S~cYI4LY •",i
ie •~l r 'a. i 4 _4 i~ •~'1 •Y•'.~•t.~d~:,, 4T ~ rsl~ 7 ~ 7 +r '"~,,,,~,'~.+M""~.~. i
r "Rr•' r~~ Ala A-' .a, p_'
A*+i6'i~p~2~y?
GMEMS
k.: err
a Xd ^t • . r 11'1 ! t' 7_ , • o ~ rM
sue' 6 IKi ,
11'4 • •j-t -t~ -•~,r,_.YrIC.' 't 4..
cam
~i~re}; tl •~.,~••0 'a .s a ~.}i~~~•ibto 4An t •1
I-Uri
141. A
Jt i* ,d'!•'J'.!!?•~ ®~.l>y.: _ •r•~X+.„ri?"` J 'I JY ,T»~' .r' a•' L i
r, ~r dA."t~' ("ycp ~ 4 ^"'i ~ `a,,£'• ~,ap'( * X . ^,,y.-, Y.
yr®
"
OW,
at IS
IN,
` . r r •n3;`'_ I. ,•.•JJ4J I t pf, ~ar:.,s' ii
Ll.
1w R
r
dot,
oaw~lw w 0
- _ •,°A
IWO
S~o
UX)O -
l~ PI_
W.
aID
34
doto%O I
r t re i`~ t i/► ~ } - - ~ `'rc~''t.~`5~'~~1~`' t -r~•r.,, ,r
ix~ R a+ s ~ ~ 1 - ~ 1 0 ' t w.:-.~ { , ~..y,■ i'O `t~J' r`3y f~' ",t ♦ ' :t
_ ~ Y ~ 1 j + . S',. ~ . 1,'4~b~ u`•tr ' ~i.'}a " y,: y' 1 r ' D
;Y 't 7fY'
~7l,'~
ID,
rY~ t 1 1 • 'r ~ ~ , - "~.'k ' S irfn,y._~'t3ly~~{ ~l}d~~!a''. i`¢ f y ~J ZU 5n4
4{
:40
It i;;
PIF
- ~ t • r ' ~ , T s a `c +•Y y',Y.~;... ~q +;1~ ,i, •,Sryt-• ~ t,~,~'- ~
- y , 7' Y _ y) i~S~•~°.
• t t ' ` - _ '_t t •,~+G:,S;•.`_~~-1'
• J• r .i 1 ~ t, ♦ ~ i"`+1' y fi ts'. f t...Y ,,,'r~.h~ ~!F 4 k+7_
40
4 A.
UIW,00
•T• f. 1. ..mss ~~lE. w•. i `4n w s. l.t'; -f 4
- ~ ~ r'S t t t 1. t
.xw. ~ ..f'•,' 1 ~ i i r t t t t
i
11 _4
-now
t rS+ro., t d - a .-"7 Ai.•`y~ s v 1 { t~iz,
,
't t' r
411,2
tri. tZ., i7 ~ -
tS
f~
1~.- t 'Y •
Onsand O~
Dd o I
~ t1s
~j
Y
i
AGENDA ITEM #
FOR AGENDA OF November 21, 2000
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
ISSUE/AGENDA TITLE: Merestone Area Wetlands Enhancement Project 11pdate
PREPARED BY:_ G. Berrys-A' DEPT HEAD OK Of QA`~CITY MGR OK
ISSUE BEFORE THE COUNCIL
Merestone Area Wetlands Enhancement Project Update
STAFF RECOMMENDATION
Informational briefing only. No Council action is requested.
INFORMATION SUMMARY
On July 18, 2000, staff reported to Council that the City's consultant had prepared two design options for a
wetland enhancement project. The proposed project area is currently covered by a pond created by a beaver
dam. A request for review of both of those options had been sent on June 28, 2000, to the regulatory agencies
that would be issuing the required permits. The first option included ponds in the backwater areas that
completely drain back to the stream as flows recede. This was accomplished by grading the ponds so that the
bottom of the pond is no lower than the bottom of the stream. The second design alternative modified the first
option by including grading that created ponds in the backwater areas deepened to three or four feet below the
bottom of the stream so that ponds would remain during periods of low flow. The elevation at the top of the
backwater area at its connection to the stream was equal to the elevation of the bottom of the stream so that the
stream and pond remain connected to prevent fish from being trapped. This is the option preferred by the
neighboring residents.
On July 19, 2000, notice was received from the regulatory agencies that the required permits would be available
for the first option but not for the second option preferred by the neighboring residents. The neighboring
residents were informed of this decision of the regulatory agencies at a public meeting held at Mary Woodward
School on September 20, 2000. The consensus reached at that meeting was that since the required permits for
the preferred option were not available, the beaver dam and pond should be allowed to remain and that there
should be no further efforts towards a wetland enhancement project. The current water level of the pond would
be allowed to remain and the City would assist a neighborhood maintenance team that would monitor the level
of the pond and remove debris.
If this proves to be inadequate to maintain the water level, other measures could be considered. For instance,
the height of the pond could be maintained by one of several types of pond levelers. These devices include a
submerged pipe that regulates pond height by extending through the beaver dam. The upstream end of the pipe
is located a sufficient distance upstream of the dam so that the beavers will not block the flow of water into the
pipe.
Maintaining the current water level results in the pond covering the southern ends of seven lots along Merestone
Court. Consequently, permission to continue maintaining the water level from these seven owners is required.
A request for this permission was left at each of the seven owners' houses on October 25, 2000, and is attached.
The owners were asked in writing to review the proposed agreement that would allow the current water level to
remain and respond by informing the City as to whether they would agree to sign the agreement. For the agreement
to be effective, each of the seven owners must agree to it. Each owner could respond by returning a provided post
card, telephoning, mailing or e-mailing. To assist us in this effort, one of the owners agreed to meet with the other
owners and encourage them to respond. To date, three responses have been received: two owners are agreeable and
another owner, a bank, is selling the house following foreclosure.
Since an affirmative response from each of the seven owners have not been received, initiation of the activities
required to maintain the water level is not recommended at this time. However, staff will continue to encourage the
owners to respond. Maintenance of the beaver dam will be limited to debris removal until permission is received
from all seven owners. Once the permission is received, the removal of debris by the residents will be initiated. If
the water level rises above the acceptable level, other measures could be considered.
OTHER ALTERNATIVES CONSIDERED
Not applicable.
VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY
Not applicable.
FISCAL NOTES
Any required maintenance will be included in the drainage maintenance program.
I~
I
I:1CItyvAdeVu ""x creek Pond report-rpYtt'OO.tloe
October 25, 2000
((Owner))
((Address))
((City) ((State)) ((Zip))
RE: Summer Creek Pond Wetland - File No. 278
Enclosed is a proposed request for permission to maintain the water level behind your
house at the present level. You and each of your six neighbors along Merestone Court
are requested to review this request and inform me if you would choose to agree to it.
As explained in the request, the purpose of this is to permit the City and the neighbors,
in partneZship, to manage the water level of Merestone Pond while allowing the beaver
dam to remain.
If you and your neighbors inform me that you are agreeable to providing this permission,
City Council will be asked to approve this proposal during its 6:30 PM November 21,
2000 meeting at City Hall. You are encouraged to attend this meeting. If approved by
Council, you will be asked to provide the requested permission by signing the enclosed
request.
A reply by November 6t' would be appreciated. You may use the enclosed post card,
call 503-639-4171 extension 373, or e-mail me at (greg@ci.tigard.or.us).
If you have questions or require additional information, please call.
Sincerely,
Greg Berry
Utilities Engineer
LWQV8p Ua~ wA* p"+6`aCWW 25 W" 10 mW WWW awn A*C
LEGIBILITY STRIP
i \1 .E .„e♦eniC nE ~e u~.~~r S.S•EU'
AREA NOTIFIED
Merestone Ct
I,Y ILL
`'n"`"""`°n "'"1 MERESTONE CT
oogwmmuco
In a vNmj.,, at
j YB iu[stORM -ttR~ STS con im LR \RRTOR Ong
sc 00 15C 20,
r• t)J !ee! I
I 1' I
111011101
- I
I I ~
City of Tigard
1j I
i ~ n~o.ma!~on on :n,5 mao i5 lo. nereo: mcmc~ cny :na
F.o.l~ Ge ,OrSSC ,p:n i^a De.aoynent Sera Ke1 C~.UN'
October 30, 2000
Dear Owner:
Subject: Pond of Summer Creek at SW 121$' Avenue
On September 20, 2000, the City held a neighborhood meeting to consider a proposed plan for
the pond. The owners surrounding the pond were mailed an invitation to the meeting; about
twe -fo r attended. The plan featured with a meandering shaded stream to convey low
su ows. Higher flows would be diverted into backwater areas to support the growth of
na i v e a' . The water in the backwater areas would return to the stream as flows
r i not ome trapped in the backwater area. The plan did not
pr t o use we learned from the regulatory agencies that approval of
the req ' V 4 pect .
The consensus of t V at ' of eeding with the proposed plan, the
beaver dam should allowe re a'n. aintain the water level of the pond
at an acceptable elevation with the f i r aQd ou at would monitor the level
of the pond and remove debris. The Ovate u ti o o~ lot and that of your
neighbor's as shown on the attached map. sequ n e i et City
permission to flood your land by signing below.
This permission would be subject to the following terms:
• The City intends to maintain the water level as shown on the attached map. If debris
accumulation or other conditions cause the water level to increase, the City will restore the
water level to the agreed upon level within a reasonable time.
• The City is not obligated to repair or replace the beaver dam. The City may remove the
beaver dam without notice.
"Am
• This agreement requires the continuing and concurrent agreement of the owners of the lots
shown on the attached. Any owner may rescind this notice by providing the thirty days of
written notice to the City.
ACCEPTED:
c
Signature (Owner one) Signature (Owner two)
Print Name Print Name
Property Address Mailing Address
Agreement for Pond of Summer Creek
Page 1 of 1
TaxlD a er Address City State Zip
IS134000 CREEK DONALD W & 12190 SW TIGARD OR 97223
0800 TINA M MERESTONE
CT
IS134000 NEWTH LARRY G 12180 SW TIGARD OR 97223-
0900 AND MERESTONE
COURT
1S134000 WIESMAN CHARLES 12160 SW TIGARD OR 97223
1100 R & BERYL JEAN MERESTONE
CT
IS134CCO LAWRENCE DAVID 12150 SW TIGARD OR 97223
1200 WAYNE MERESTONE
CT
IS134000 GALLAHER EDWARD 12140 SW TIGARD OR 97223
1300 J & JANET L MERESTONE
CT
1S134CC0 GOOLEY DAVID J & 4625 SW PORTLAND OR 97221
1400 TERESA L 42ND PLACE
IS134000 LLANOS ANITA L & 12170 SW TIGARD OR 97223
1000 MERESTONE
CT
PROPERTY C/O RESIDENT 12130 SW TIGARD OR 97223
OWNERS MERESTONE
CT.
mcm
tus P
sY 4w
ect
Mereston went Pr03
TrA
as Enhance
November 2~ , 2p04
®a
merestone Pon
fj
a
S*
r "IVA fJ s'..
join
low y! e
gin
main Q
1
Background
~j:J Two options prepared by consultant
4 I -U
~®m - Option 1- Ponds with positive drainage
IMM - Option 2 - Deepened ponds without
so positive drainage
• Regulatory agencies indicated that only
ME Option 1 would be approvabie
• Neighborhood meeting
ON - Mary Woodward Elementary on
No September 20, 2000
on - Option 1 was discussed with the residents
ON
3
^ LL' . Neighborhood Meeting Results
U0EJ Residents did not want Option 1
Consensus is the following:
~N - Seaver dam and pond should be allowed
to remain
- Current water level would be maintained
no -A neighborhood maintenance team would
so monitor the level and remove debris to
No keep it at that level
no - Other measures could be considered to
No keep the level stable
4
2
Pond Leveling Strategy
Beaver Darn
aiC oveow aroow+m uc w arr a.. PVC aw :ur.& die
® P" MOW b menage
refer Imb 2 m Aber
Igo
IS
4m
---~r
n®
P
ppyetiY ® '
W® T-ph fKad with a dr* phq ms/ mq*A Am
wMr Ibr
Diagram 12 • Clemson Beaver Pond Leveler
NO in dam situation
0 A
am 1A
ON
ME
am One Potential Installation
5
Current Status
_.r
VA 0 9 Regulatory agencies do not object to
31M® beaver dams remaining in place
ME o City needs written permission from 7
i no property owners to flood their properties
- All 7 owners have been sent letters
° transmitting a sample agreement for
i review
ON - So far, 5 have indicated they would sign
a
the agreements
No - We are continuing to foilowup with the
ON remaining 2 owners 6
INN
3
Now
moompowookim
•t q V t ~ I~c•
a ~ 511 i VV tir ~
w ~ +Y -
w1 O ` 'emu f
`-T^ 51551 J ~
W r
r-4 C-
s
;~~sl'~Itr+G9
Y TrTT~T r*rT
1
.
r
r
.4-4
.O
r OSSONO~~®0
lam
u
• ~i:a ciHt
Current Pond Conditions
A H U
a
mo®
M
No
BE
0®
n4ti Recommendations
Flom
UR
D 63 • Obtain written permission from 7 property
MME owners to flood their properties
• Establish maximum allowable water level
Develop procedures with neighborhood
on maintenance team for keeping debris level
stable and water level below maximum
on allowable
®E • Monitor water level over the next 6 months
®M • If the process established proves inadequate,
ME develop and implement an alternative means
of stabilizing the water level in the pond
12
• 6
II w,
UM
3~0
MERIN
Uffin
INN
No Status Update
ON Merestone Area Wetlands
Enhancement Project
No
a® November 21, 2000 06
on
13
7
AGENDA ITEM #
FOR AGENDA OF November 21, 2000
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITc' SUMMARY
ISSUE/AGENDA TITLE Transportation System Plan U date
PREPARED BY:_ Jim HendM DEPT HEAD OK MGR OK ldv"LA-
ISSUE BEFORE THE C jCIL
Staff will provide an update on the schedule for the Transportation System Plan to Council at the November 215`
meeting.
STAFF RECOMMENDATION
No action is necessary.
INFORMATION SUMMARY
The Transportation System Plan (TSP) Task Force has been working over the past 18 months on the draft TSP
plan. We need to have additional citizen involvement and the original schedule was too compact, not allowing
enough time to inform citizens and receive input. We have therefore revised the schedule to reflect the extra
time needed for citizen involvement.
The TSP Task Force will hold a public meeting on Monday, December 7`h, to receive comments and
suggestions from the public on the draft TSP plan. A public hearing will be held Monday, December 18`h,
before the Planning Commission. The TSP workshop with Council originally scheduled for November 215`,
will be rescheduled for after the first of the new year. The public hearing before City Council will be scheduled
for a date following the Council workshop.
OTHER ALTERNATIVES CONSIDERED
N/A
~I
VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY
Transportation & Traffic Goal #1) Improve traffic safety and Goal #2) Improve traffic flow.
FISCAL NOTES
N/A