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City Council Packet - 06/24/2003CITY OF TIGARD OREGON TIGARD CITY COUNCIL MEETING June 24, 2003 COUNCIL MEETING WILL BE TELEVISED I:1ofsWowa's\CcpW 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772 Agenda Ron No ~ mediug of COUNCIL MINUTES TIGARD CITY COUNCIL MEETING June 24, 2003 Mayor Griffith called the meeting to order at 6:31 p.m. Council Present: Mayor Griffith; Councilors Dirksen, Moore, Sherwood, and Wilson (arrived at 7:17 p.m.) STUDY SESSION ➢ BRIEFING ON SOLID WASTE MANAGEMENT AND FRANCHISE AGREEMENTS Financial Operation Manager Imdieke reviewed this Item with the Council. His presentation included PowerPoint slides referencing the relevant Tigard Municipal Code (TMC) Chapter 11.04, rate review, rate setting, current rate policy, objectives of the TMC and franchise agreements. Council members also received a report, City of Tigard Service Standards Solld Waste Collectlon Roles and Responsibilities along with a solid waste franchise service area map. Council consensus was that in November of each year, staff should ask If the Council would like to call up the franchise agreements for review. Agreements are automatically renewed on January 1 of each year for a term of seven years. ➢ PUBLIC FACILITIES AND SERVICES ASSESSMENT FOR THE BULL MOUNTAIN AREA Councilor Wilson arrived at 7:17 p.m. Community Development Director Hendryx introduced this agenda Item. Assistant Chief Orr and Finance Director Prosser reviewed with the Council how potential annexation (or not) affects the Police and Finance Departments. On July 8, a representative from the Public Works Department will present Council with similar information for this department. ➢ EXECUTIVE SESSION: The Tigard City Council went into Executive Session at 7:35 p.m. to discuss labor negotiations under ORS 192.6600 d). Executive Session concluded at 7:27 p.m. 1. BUSINESS MEETING Tigard City Council Meeting Minutes - June 24, 2003 Page 1 1.1 Mayor Griffith called the City Council and Local Contract Board meeting to order at 7:30 p.m. 1.2 Roll Call - Mayor Griffith; Councilors Dirksen, Moore, Sherwood, and Wilson 1.3 Pledge of Allegiance 1.4 Council Communications 8t Liaison Reports - None 1.5 Cali to Council and Staff for Non-Agenda Items - None 2. VISITOR'S AGENDA: No visitors. 3. CONSENT AGENDA: Motion by Councilor Sherwood, seconded by Councilor Wilson to adopt the Consent Agenda as follows: 3.1 Approve a Personal Services Contract for the Municipal Court Judge - Resolution No. 03 - 21 3.2 Reappoint Marvin Diamond and Appoint Suzan Turley as Members of the Library Board and Appoint Barbara Butler as Alternate to the Library Board - Resolution No. 03 - 22 3.3 Approve Budget Amendment #6 to the Fiscal Year 2002-03 Budget to Increase Appropriations to Allow Expenditures of Police Department Grant Funds - Resolution No. 03 - 23 3.4 Approve Budget Amendment #7 to the Fiscal Year 2002-03 Budget to Increase Appropriations for Funding of Attorney Fees - Resolution No. 03-24 3.5 Approve an Intergovernmental Agreement with Washington and Rights-of- Way Acquisition Services for the Greenburg Road Project The motion was approved by a unanimous vote of Council: Mayor Griffith - Yes Councilor Dirksen - Yes Councilor Moore - Yes Councilor Sherwood - Yes Councilor Wilson - Yes 4. DISCUSSION WITH STATE SENATOR GINNY BURDICK AND STATE REPRESENTATIVE MAX WILLIAMS - This agenda item will be rescheduled. Tigard City Council Meeting Minutes - June 24, 2003 Page 2 5. UPDATE ON THE INDONESIAN RESOURCE CITIES PROGRAM Assistant to the City Manager Newton presented this item. Council welcomed the delegation from Samarinda, Indonesia. Rusman Yaqub and Suyitrio. The delegates are participating in training at the City of Beaverton's Dispute Resolution Center. Mr. Yaqub reported the benefits of the partnership program, funding by the US Agency for International City/County Management Association. 6. CONSIDER A RESOLUTION ADOPTING THE CITYWIDE MASTER FEES AND CHARGES SCHEDULE. Budget and Financial Reporting Analyst Wareing reviewed this item about the proposed changes and the need to update the Master Fees and Charges Schedule. Motion by Councilor Moore, seconded by Councilor Dirksen, to adopt Resolution No. 03-25. RESOLUTION NO. 03-25 - A RESOLUTION ADOPTING THE CITYWIDE MASTER FEES AND CHARGES SCHEDDLE WHICH REPLACES RESOLUTION NO. 02-06 AND ALL SUBSEQUENT AMENDMENTS TO DATE. The motion was approved by a unanimous vote of Council: Mayor Griffith - Yes Councilor Dirksen - Yes Councilor Moore - Yes Councilor Sherwood - Yes Councilor Wilson - Yes 7. CONTINUATION OF PUBLIC HEARING (INFORMATIONAL) TO CONSIDER ESTABLISHING SANITARY SEWER REIMBURSEMENT DISTRICT NO. 28 - PORTIONS OF SW O'MARA STREET, SW FREWING STREET, SW EDGEWOOD STREET, SW HILL VIEW COURT, AND SW MCDONALD STREET a. Mayor Griffith continued the public hearing, which was opened on June 10, 2003. b. City Engineer Duenas presented the staff report, noting that a neighborhood meeting has been scheduled for July 9, 2003, to explain the program and answer questions by property owners within the proposed district. Mr. Duenas also noted the bids were opened and the lowest responsible bidder was higher than the engineer's estimate; although, rebidding the project Tigard City Council Meeting Minutes - June 24, 2003 Page 3 would not likely result in lower bids. At this time, staff recommended that the Council close the public hearing and deny formation of the district and direct staff to conduct a neighborhood meeting to discuss and answer questions regarding the proposed project. c. Motion by Councilor, Moore, seconded by Councilor Wilson, to close the public hearing, deny formation of the district and direct staff to conduct a neighborhood meeting to discuss and answer questions regarding the proposed project. The motion was approved by a unanimous vote of Council: Mayor Griffith - Yes Councilor Dirksen - Yes Councilor Moore - Yes Councilor Sherwood - Yes Councilor Wilson - Yes 8. CONTINUATION OF PUBLIC HEARING (INFORMATIONAL) TO CONSIDER ESTABLISHING SANITARY SEWER REIMBURSEMENT DISTRICT NO. 29 - SW PARK STREET, SW DERRY DELL COURT, SW COOK LANE, AND SW WATKINS AVENUE a. Mayor Griffith continued the public hearing, which was opened on June 10, 2003. City Engineer Duenas presented the staff report, noting that the circumstances for this proposed district is similar to the reimbursement district that was reviewed with Council during Agenda Item No. 7. A neighborhood meeting has been scheduled for July 9, 2003, to explain the program and answer questions by property owners within the proposed district. At this time, staff recommended that the Council close the public hearing and deny formation of the district and direct staff to conduct a neighborhood meeting to discuss and answer questions regarding the proposed project. C. Motion by Councilor Moore, seconded by Councilor Wilson, to close the public hearing, deny formation of the district and direct staff to conduct a neighborhood meeting to discuss and answer questions regarding the proposed project. The motion was approved by a unanimous vote of Council: Tigard City Council Meeting Minutes - June 24, 2003 Page 4 Mayor Griffith - Yes Councilor Dirksen - Yes Councilor Moore - Yes Councilor Sherwood - Yes Councilor Wilson - Yes > STUDY SESSION CONTINUED: Assistant to the City Manager Newton reviewed the following with Council: Council Tours (Councilors Wilson 81 Sherwood) June 26: 8 -10 a.m. Public Works; 10 a.m. -12 p.m. Engineering July 14: Community Development & Library Volunteer Event at Cook Park on July 17, 6:30 p.m. Continuation of City Manager's Review: Discussion was held by Council on goals for the City Manager including basic goals such as 1. Ensure Council goals are obtained. 2. Ensure Departmental goals are obtained. 3. Manage personnel to deal with the day-to-day administration of the city. Council members will submit additional goals to the Mayor. Council members discussed how they felt Tigard was one of the best managed cities in Oregon. During the discussion Council decided it would like to have a retreat, with a day devoted to brainstorming about the "extra" things they would like to achieve in the community. Council briefly discussed the Washington County Cooperative Library's funding formula and how it affects Tigard. Concerns were expressed that Tigard area residents are subsidizing other parts of Washington County. It was suggested that Sherwood and Tualatin be contact to determine if those cities have similar concerns. 9. COUNCIL LIAISON REPORTS: None 10. NON AGENDA ITEMS: None 11. EXECUTIVE SESSION: Not held Tigard City Council Meeting Minutes - June 24, 2003 Page 5 12. ADJOURNMENT: 8:40 p.m. f ax W .ems at erne Wheatley, City eco er Attest: IL~Aj 7ayo , ar Date: / I: W DM\CATHY\CCM\2003\030624.DOC Tigard City Council Meeting Minutes - June 24, 2003 Page 6 TIGARD CITY COUNCIL MEETING JUNE 24, 2003 6:30 p:m, TIGARD CITY HALL 13125 SW HALL'BLVD TIGARD, OR 97223 PUBLIC NOTICE: CITY OF TIGARD OREGON Anyone wishing to speak on an agenda item should sign on the appropriate sign-up sheet(s). If no sheet is available, ask to be recognized by the Mayor at the beginning of that agenda item. Visitor's Agenda items are asked to be two minutes or less. Longer matters can be set for a future Agenda by contacting either the Mayor or the City Manager. Times noted are estimated; it is recommended that persons interested in testifying be present by 7:15 p.m. to sign in on the testimony sign-in sheet. Business agenda items can be heard in any order after 7:30 p.m. Assistive Listening Devices are available for persons with impaired hearing and should be scheduled for Council meetings by noon on the Monday prior to the Council meeting. Please call 503-639-4171, ext. 2410 (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 by calling: 503-639.4171, ext. 2410 (voice) or 503- 684-2772 (TDD - Telecommunications Devices for the Deaf). SEE ATTACHED AGENDA COUNCIL AGENDA - JUNE 24, 2003 page 1 AGENDA TIGARD CITY COUNCIL MEETING JUNE 24, 2003 6:30 PM STUDY SESSION > BRIEFING ON SOLID WASTE MANAGEMENT AND FRANCHISE AGREEMENTS o Finance Staff > PUBLIC FACILITIES AND SERVICES ASSESSMENT FOR THE BULL MOUNTAIN AREA o Community Development Staff EXECUTIVE SESSION: The Tigard City Council will go into Executive Session to discuss labor negotiations under ORS 192.660(1 d). All discussions are confidential and those present may disclose nothing from the Session. Representatives of the news media are allowed to attend Executive Sessions, as provided by ORS 192.660(3), but must not disclose any information discussed. No Executive Session may be held for the purpose of taking any final action or making any final decision. Executive Sessions are closed to the public. 7:30 PM 1. BUSINESS MEETING 1.1 Call to Order - City Council 8t Local Contract Review Board 1.2 Roll Call 1.3 Pledge of Allegiance 1.4 Council Communications 8z Liaison Reports 1.5 Call to Council and Staff for Non-Agenda Items 7:35 PM 2. VISITOR'S AGENDA (Two Minutes or Less, Please) 7:40 PM 3. CONSENT AGENDA: These items are considered to be routine and may be enacted in one motion without separate discussion. Anyone may request that an item be removed by motion for discussion and separate action. Motion to: COUNCIL AGENDA - JUNE 24, 2003 page 2 3.1 Approve a Personal Services Contract for the Municipal Court ]udge - Resolution No. 03 - Appoint Suzan Turley as Members of the 3.2 Reappoint Marvin Diamond and App Library Board and Appoint Barbara Butler as Alternate to the Library Board - Resolution No. 03 - 3.3 Approve Budget Amendment b Exto the pendituresa of 2002-3 Budget Grant increase Appropriations to Allow Funds - Resolution No. 03 - 3.4 Approve Budget Amendment #7 to the Fiscal Year 2002-03 Budget to increase Appropriations for Funding of Attorney Fees - Resolution No. 03 - 3.5 Approve an Intergovernmental Agreement with Washington County to Provide Engineering and Rights-of-Way Acquisition Services for the Greenburg Road Project Consent A enda - Items Removed for Separate Discussion: Any items requested ered to be removed from the Consent AgeVOd~ ~ separate oatems r which docnot dneed immediately after the Council has discussion. 7:45 PM 4. DISCUSSION WITH STATE SENATOR G1NNY BURDICK AND STATE REPRESENTATIVE MAX WILLIAMS a. Comments by Senator Burdick and Representative Williams b. Council Discussion 8:30 PM 5. UPDATE ON THE.IN AD0 nE~SIAoN,RESOURCE CITIES PROGRAM a. Staff Report: b. Council Discussion 8:50 PM 6. CONSIDER A RESOLUTION ADOPTING THE CITYWIDE MASTER FEES AN CHARGES SCHEDULE a. Staff Report: Finance Staff b. Council Discussion C. Council Consideration: Resolution No. 03 - page 3 COUNCIL AGENDA - JUNE 24, 2003 9:05 PM 7. CONTINUATION OF PUBLIC HEARING (INFORMATIONAL) TO CONSIDER ESTABLISHING SANITARY SEWER REIMBURSEMENT DISTRICT NO. 28 - PORTIONS OF SW O'MARA STREET, SW FREWING STREET, SW EDGEWOOD STREET, SW HILL VIEW COURT, AND SW MCDONALD STREET a. Open Public Hearing - Continued from June 10, 2003 b. Summation by Engineering Department C. Public Testimony d. Staff Recommendation e. Council Discussion f. Close Public Hearing 9:15 PM 8. CONTINUATION OF PUBLIC HEARING (INFORMATIONAL) TO CONSIDER ESTABLISHING SANITARY SEWER REIMBURSEMENT DISTRICT NO. 29 - SW PARK STREET, SW DERRY DELL COURT, SW COOK LANE AND SW WATKINS AVENUE a. Open Public Hearing - Continued from June 10, 2003 b. Summation by Engineering Department C. Public Testimony d. Staff Recommendation e. Council Discussion f. Close Public Hearing 9:25 PM 9. COUNCIL LIAISON REPORTS 9:35 PM 10. NON AGENDA ITEMS 9:45 PM 11. EXECUTIVE SESSION: The Tigard City Council may go into Executive Session. If an Executive Session is called to order, the appropriate ORS citation will be announced identifying the applicable statute. All discussions are confidential and those present may disclose nothing from the Session. Representatives of the news media are allowed to attend Executive Sessions, as provided by ORS 192.660(3), but must not disclose any information discussed. No Executive Session may be held for the purpose of taking any final action or making any final decision. Executive Sessions are closed to the public. 10:00 PM 12. ADJOURNMENT I:\ADKCATHY\CCA\030624P. D0C COUNCIL AGENDA - JUNE 24, 2003 page 4 CITY OF TIGARD OREGON PUBLIC NOTICE: Anyone wishing to speak on an agenda item should sign on the appropriate sign-up sheet(s). If no sheet is available, ask to be recognized by the Mayor at the beginning of that agenda item. Visitor's Agenda items are asked to be two minutes or less. Longer matters can be set for a future Agenda by contacting either the Mayor or the City Manager. Times noted are estimated; it is recommended that persons interested in testifying be present by 7:15 p.m. to sign in on the testimony sign-in sheet. Business agenda items can be heard in any order after 7:30 p.m. Assistive Listening Devices are available for persons with impaired hearing and should be scheduled for Council meetings by noon on the Monday prior to the Council meeting. Please call 503-639-4171, ext. 2410 (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 by calling: 503-639-4171, ext. 2410 (voice) or 503- 684-2772 (TDD - Telecommunications Devices for the Deaf). SEE ATTACHED AGENDA COUNCIL AGENDA - JUNE 24, 2003 page 1 AGENDA TIGARD CITY COUNCIL MEETING JUNE 24, 2003 6:30 PM STUDY SESSION > BRIEFING ON SOLID WASTE MANAGEMENT AND FRANCHISE AGREEMENTS o Finance Staff > PUBLIC FACILITIES AND SERVICES ASSESSMENT FOR THE BULL MOUNTAIN AREA o Community Development Staff EXECUTIVE SESSION: The Tigard City Council will go into Executive Session to discuss labor negotiations under ORS 192.660(1 d). All discussions are confidential and those present may disclose nothing from the Session. Representatives of the news media are allowed to attend Executive Sessions, as provided by ORS 192.660(3), but must not disclose any information discussed. No Executive Session may be held for the purpose of taking any final action or making any final decision. Executive Sessions are closed to the public. 7:30 PM 1. BUSINESS MEETING 1.1 Call to Order - City Council 8t Local Contract Review Board 1.2 Roll Call 1.3 Pledge of Allegiance 1.4 Council Communications 8z Liaison Reports 1.5 Call to Council and Staff for Non-Agenda Items 7:35 PM 2. VISITOR'S AGENDA (Two Minutes or Less, Please) 7:40 PM 3. CONSENT AGENDA: These items are considered to be routine and may be enacted in one motion without separate discussion. Anyone may request that an item be removed by motion for discussion and separate action. Motion to: COUNCIL AGENDA - JUNE 24, 2003 page 2 3.1 Approve a Personal Services Contract for the Municipal Court judge - Resolution No. 03 - 3.2 Reappoint Marvin Diamond and Appoint Suzan Turley as Members of the Library Board and Appoint Barbara Butler as Alternate to the Library Board - Resolution No. 03 - 3.3 Approve Budget Amendment #6 to the Fiscal Year 2002-03 Budget to Increase Appropriations to Allow Expenditures of Police Department Grant Funds - Resolution No. 03 - 3.4 Approve Budget Amendment #7 to the Fiscal Year 2002-03 Budget to Increase Appropriations for Funding of Attorney Fees - Resolution No. 03 - 3.5 Approve an Intergovernmental Agreement with Washington County to Provide Engineering and Rights-of-Way Acquisition Services for the Greenburg Road Project • Consent Agenda - Items Removed for Separate Discussion: Any items requested to be removed from the Consent Agenda for separate discussion will be considered immediately after the Council has voted on those items which do not need discussion. 7:45 PM 4. DISCUSSION WITH STATE SENATOR GINNY BURDICK AND STATE REPRESENTATIVE MAX WILLIAMS a. Comments by Senator Burdick and Representative Williams b. Council Discussion 8:30 PM 5. UPDATE ON THE INDONESIAN RESOURCE CITIES PROGRAM a. Staff Report: Administration b. Council Discussion 8:50 PM 6. CONSIDER A RESOLUTION ADOPTING THE CITYWIDE MASTER FEES AND CHARGES SCHEDULE a. Staff Report: Finance Staff b. Council Discussion C. Council Consideration: Resolution No. 03 - COUNCIL AGENDA - JUNE 24, 2003 page 3 9:05 PM 7. CONTINUATION OF PUBLIC HEARING (INFORMATIONAL) TO CONSIDER ESTABLISHING SANITARY SEWER REIMBURSEMENT DISTRICT NO. 28 - PORTIONS OF SW O'MARA STREET, SW FREWING STREET, SW EDGEWOOD STREET, SW HILL VIEW COURT, AND SW MCDONALD STREET a. Open Public Hearing - Continued from June 10, 2003 b. Summation by Engineering Department C. Public Testimony d. Staff Recommendation e. Council Discussion f. Close Public Hearing 9:15 PM 8. CONTINUATION OF PUBLIC HEARING (INFORMATIONAL) TO CONSIDER ESTABLISHING SANITARY SEWER REIMBURSEMENT DISTRICT NO. 29 - SW PARK STREET, SW DERRY DELL COURT, SW COOK LANE AND SW WATKINS AVENUE a. Open Public Hearing - Continued from June 10, 2003 b. Summation by Engineering Department C. Public Testimony d. Staff Recommendation e. Council Discussion f. Close Public Hearing 9:25 PM 9. COUNCIL LIAISON REPORTS 9:35 PM 10. NON AGENDA ITEMS 9:45 PM 11. EXECUTIVE SESSION: The Tigard City Council may go into Executive Session. If an Executive Session is called to order, the appropriate ORS citation will be announced identifying the applicable statute. All discussions are confidential and those present may disclose nothing from the Session. Representatives of the news media are allowed to attend Executive Sessions, as provided by ORS 192.660(3), but must not disclose any information discussed. No Executive Session may be held for the purpose of taking any final action or making any final decision. Executive Sessions are closed to the public. 10:00 PM 12. ADJOURNMENT I:WDWCATFMCCA\030624P. D0C COUNCIL AGENDA - JUNE 24, 2003 page 4 ('f if f i r f i f i:~~ r i I f p rf I ~('(I~f If J~✓ ~~,r('GG(I I~J(II. Torn Il i idirke; financial G1364'riaGl12 Nfla(i8.r(a l" 1 Tigard 1\11UI-i! 0P,1 er r • Tigard Municipal Code (TMC) Chapter 11.04 codifies how solid waste is to be managed. • Administrative Rules and Service Standards outline roles and responsibilities of customers, city, and haulers. 2 (rr(' f\~Il(i(~~(~r( G TMC Chapter 11.04 grants an exclusive franchise and service area. • Two franchised haulers in Tigard - Pride Disposal -Waste Management (Miller Sanitary) 3 Tigard C/D016 • Franchise agreements are automatically renewed on January 1 of each year for a term of seven years. • City Council can suspend, modify or revoke the agreements under certain conditions. • In exchange for this exclusive franchise, the franchisee pays the City 3% of their gross cash receipts. 4 Tigard' GGCJr • Rates charged by the franchisees are set by the City Council. • Annual financial report and rate review process established in the code. 5 Annual financial and operating report filed by franchisee by March 1 for the previous calendar year's business. City Manager reports to City Council on the reports and any proposed rate adjustments. 6 refea • Operating Margin/Rate of Return Policy. - Council policy targets an aggregate operating margin of 10%. • If aggregate profit margin falls below 8% or exceeds 12%, City Council considers rate adjustments to the target of 10%. (Note: Aggregate rate of return for calendar year 2002 was 8.68%) 7 F7 r i:r ~ The last rate adjustment was made by the City Council in January, 2002. Rate adjustment based on the work of a citizen-based Solid Waste Work Group. 8 fJ('I'C.(II. (~rl.~ f ~<<~~~ • Eventually have solid waste rates be profitable by each service category (i.e., cart, container, drop box) based on cost of service. • Existing container subsidy of the cart rates and drop box rates be phased out over the next seven years. • Subsidy to be reduced at increments acceptable to the City Council. 9 r1~Jrci:11 r Fi I f~;r(" C~ r 2-.1-10' F(~r(ir(ifr • Achieve resource recovery goals established by the city, county, State Department of Environmental Quality, and Metro. • Insure the safe accumulation, storage, collection, transportation, disposal or resource recovery of solid waste. • Insure maintenance of a financially stable, reliable solid waste collection and disposal service. 10 o Iir n) 'I I f~;rf'f~ r1~r, rf i (col-If. J) J FG~6171 [-If- • Insure rates that are just, fair, reasonable, and adequate to provide necessary service to the public. • Conserve energy and material resources. • Eliminate overlapping service. 11 I 1 d' ~o ri I=I'r(iC(i(5G ~~,r~f'rrf i i~fii~5 (rrfii:'r~~ • Provide standards for solid waste service and public responsibilities. • Provide recycling opportunities to the public. Questions? 12 TIGARD MUNICIPAL CODE Chapter 11.04 SOLID WASTE MANAGEMENT. 11.04.010 Title For Citation. 11.04.020 Purpose, Policy And Scope Of Chapter Provisions. 11.04.030 Definitions. 11.04.040 Franchise-Granted To Certain Persons-Scope Of Regulations. 11.04.050 Franchise-Term-Automatic Renewal When. 11.04.060 Franchise-Fees. 11.04.065 Franchises Records. 11.04.070 Responsibility Of Franchisee. 11.04.080 Franchise-Transfer, Suspension, Modification Or Revocation-Conditions. 11.04.090 Rates For Service. 11.04.100 Container Requirements And Collection Limitations. 11.04.105 Stationary Solid Waste Compactors. 11.04.110 Offensive Wastes Prohibited. 11.04.120 Unauthorized Deposits Prohibited. 11.04.130 Interruption Of Franchisees Service. 11.04.140 Termination Of Service By Franchisee. 11.04.150 Subcontracts. 11.04.160 Rules And Regulations. 11.04.170 Enforcement Officers. 11.04.180 Penalty. 11.04.010 Title For Citation. The ordinance codified in this chapter shall be known as the "City of Tigard solid waste management ordinance," and may be so cited and pleaded, and shall be cited herein as "this chapter." (Ord. 91-36 §1 Exh. A(part), 1991: Ord. 78-64 §1, 1978). 11.04.020 Purpose, Policy And Scope Of Chapter Provisions. 1. It is declared to be in the public interest for the City of Tigard to establish this policy relative to the matters of solid waste management to: a. Provide sufficient waste volume to sustain solid waste management facilities necessary to achieve resource recovery goals established by the City, County, State Department of Environmental Quality and Metropolitan Service District; b. Provide the basis for agreements with other governmental units and persons for regional flow control to such facilities; c. Insure safe accumulation, storage, collection, transportation, disposal or resource recovery of solid waste; d. Insure maintenance of a financially stable, reliable solid waste collection and disposal service; e. Insure rates that are just, fair, reasonable and adequate to provide necessary service to the public; f. Prohibit rate preference and other discriminatory practices which benefit one customer at the expense of other customers of the service or the general public; g. Conserve energy and material resources; h. Eliminate overlapping service to reduce truck traffic, street wear, air pollution and noise; i. Provide standards for solid waste service and public responsibilities; and 11-04-1 (~adC Update: 03102 TIGARD MUNICIPAL CODE j. Provide technologically and economically feasible recycling by and through solid waste collectors. receives service from a franchisee or permittee. 5. "Director" means the Community Development Director. 2. No person shall: a. Provide service, offer to provide service or advertise for the performance of service without having obtained a franchise from the City; b. Accumulate, store, collect, transport, dispose of or resource recover solid waste except in compliance with this chapter, other City codes, and Chapter 459, Oregon Revised Statutes, dealing with solid waste management and regulations and amendments promulgated under any of the foregoing. (Ord. 91- 36 § 1 Exh. A(part), 1991: Ord. 78-64 §2, 1978). 11.04.030 Definitions. 1. "Council" means the City Council of the City of Tigard. 2. "Compactor" means a stationary or self- contained powered machine which remains stationary when in operation with operating controls designed to compact solid waste from multifamily residential, industrial or commercial customers into either a detachable or integral container. The term "compactor", does not include a household, mechanical device located within a residential dwelling, which is used exclusively by the occupants of that dwelling. The term "compactor" does not include any mechanical device used by a franchisee which is attached to the franchisers mobile collection vehicle. 3. "Curbside" means solid waste receptacles placed by the customer for pickup within five feet of a public roadway or at a location approved by the franchisee. 4. "Customer" means any person who 6. "Franchise" means the right to provide service granted to a person pursuant to this chapter. 7. "Person" means any individual, partnership, association, corporation, business, trust, firm, estate, joint venture or other public or private legal entity. 8. "Placed out for collection" means solid waste has been placed by the customer for service by the franchisee under the requirements of this chapter. 9. "Putrescible material" means organic materials that can decompose and may give rise to foul-smelling, offensive odors or products. 10. "Resource recovery" means the process of obtaining useful material or energy resources from solid waste and including energy recovery, materials recovery, recycling and reuse of or from solid waste. 11. "Recycling" means any process by which solid waste materials are transformed into new products in such a manner that the original products lose their identity. 12. "Reuse" means the return of a commodity into the economic stream for use in the same kind of application as before without a change in its identity. 13. "Service" means the collection, transportation, storage, transfer, disposal of or resource recovery of solid waste, including solid waste management. 14. "Solid waste" means all putrescible and 11-04-2 , Code Updale: 03102 TIGARD MUNICIPAL CODE nonputrescible wastes, including, but not limited to, garbage, rubbish, refuse, ashes, wastepaper and cardboard; residential, commercial, industrial, demolition and construction wastes; discarded home and industrial appliances; vegetable or animal solid and semisolid wastes; dead animals, infectious wastes as defined in ORS 459.387, and other wastes. hereto, marked "Exhibit A," and by reference is incorporated in this section. 2. The franchisees are: a. Area I. Pride Disposal Company, Michael Leichner, President, P.O. Box 820, Sherwood, OR 97140; a. For the purpose of this subsection, "waste" means any material that is no longer wanted by or is no longer usable by the generator, producer or source of the material, which material is to be disposed of or to be resource-recovered by another person. The fact that materials, which would otherwise come within the definition of "waste" may from time to time have value and thus be resource-recovered does not remove them from this definition. Source-separated wastes are "wastes" within this subsection. b. The term "solid waste" does not include any "hazardous waste" as defined by or pursuant to ORS Chapter 466. 15. "Solid waste management" means the prevention or reduction of solid waste; management of the storage, transfer, collection, transportation, treatment, utilization, processing and final disposal of solid waste; or resource recovery from solid waste; and facilities used for those activities. (Ord. 91-36 §1 Exh. A(part), 1991: Ord. 78-64 §3, 1978). 11.04.040 Franchise--Granted To Certain Persons-Scope Of Regulations. 1. Subject to the provisions of this section, this chapter, the City Charter, and any amendments to these documents, there is hereby granted to the following persons an exclusive franchise to provide service within the exclusive area shown within a map of existing franchised areas on the effective date of the ordinance codified in this chapter, which map is attached b. Area II. U.S.A. Waste of Oregon, Inc., d.b.a. Miller's Sanitary Services, 5150 S. W. Alger Avenue, Beaverton, OR 97005; c. Area III. Pride Disposal Company, Michael Leichner, President, P.O. Box 820, Sherwood, OR 97140. 3. Where any area is annexed to the City of Tigard and the area had been franchised by Washington County for solid waste collection service prior to annexation, the county franchise shall be recognized as to the area; but service, term and other requirements shall be those of this chapter. If the area was franchised to any of those listed in 11.04.040.2 of this section, the area shall be added by the City Administrator by amendment to "Exhibit A." For persons other than those listed in 11.04.040.2 of this section, an acceptance of franchise must be signed and recorded as provided in Section 11.04.070 of this chapter. 4. Nothing in this franchise or this section shall: a. Prohibit any person from collecting or transporting any waste, produced by that person, from the site at which it is produced, in a vehicle with a gross vehicle axle weight rating of no more than ten thousand pounds directly to an authorized disposal or recycling or resource recovery facility or resource recovering waste produced by that person, so long as that person complies with this chapter, other City ordinances, and Chapter 459 Oregon Revised Statutes, dealing 11-04-3 Cac% Update: 03102 TIGARD MUNICIPAL CODE with solid waste management, and regulations promulgated under any of the foregoing. For purposes of this subsection, solid waste produced by a tenant, licensee, occupant or similar person is produced by such person and not by the landlord, property owner or agent of either the landlord or property owner, and except as provided in this section, no person shall provide services to any tenant, lessee or occupant of any property of such person, and the landlord or property owner shall provide service through the franchisee. The vehicle weight limitation in 11.04.040.4.a does not apply to the transportation of any material authorized by another subdivision of 11.04.040.4. (1) As of the effective date of this ordinance, any person collecting or transporting any waste, produced by that person, using a vehicle rated at more than ten thousand gross vehicle axle weight will be using a nonconforming vehicle. In order to avoid undue hardship, any person using a nonconforming vehicle for collection and transport of any waste produced by that person at the time of enactment of the ordinance codified in this chapter, may be allowed continued use of the vehicle under the following conditions: (a) A person must provide the following information to the City no later than January 31, 1992: 1) Owner's name, address and phone number, identification number, 2) Each vehicle waste is collected, and 3) Site(s) at which 4) Type of operation(s) which is producing the waste. (b) The City Administrator, or designee, shall grant the request for nonconforming use status based on the following criteria: 1) The information was postmarked no later than January 31, 1992, and 2) Vehicle, location and type of operation was in operation on January 16, 1992. (2) It is the purpose and intent of this subparagraph to permit the nonconforming use status to continue until January 3.1, 1999, after which time use of a vehicle with a gross vehicle axle weight rating of more than ten thousand pounds for the collection and transport of any waste produced by that person shall be prohibited. The site where the waste is produced may be changed, however, the vehicle(s) and the type of operation(s) must remain the same or the exemption provided in this subparagraph shall not apply. There shall be no transfer or expansion of the exemption to use a vehicle with a gross vehicle axle weight rating of more than ten thousand pounds. b. Prohibit a generator of source separated recyclable material from selling or exchanging such material to any person for fair market value for recycling or reuse; c. Prohibit any person from transporting, disposing of or resource recovering, sewage sludge, septic pumpings and cesspool pumpings; d. Prohibit any person licensed as a motor vehicle wrecker under ORS 481.345 et seq. from collecting, transporting, disposing of or utilizing motor vehicles or motor vehicle parts; c. Prohibit the City Council from withdrawing certain solid waste services by amendment to this chapter on the basis of it 11-04-4 Code Update: 03102 TIGARD MUNICIPAL CODE finding that such regulation is not necessary for the implementation of the purposes of this chapter or a city, county or metropolitan service district solid waste management plan; f. Prohibit any person transporting solid waste through the City that is not collected within the City; g. Prohibit a contractor registered under ORS Chapter 701 from hauling waste created in connection with the demolition, construction, or remodeling of a building or structure or in connection with land clearing and development. Such waste shall be hauled in equipment owned by the contractor and operated by the contractor's employees; h. Prohibit the collection, transportation and reuse of repairable or cleanable discards by private charitable organizations regularly engaged in such business or activity including, without limitation, Salvation Army, Goodwill, St. Vincent de Paul, and similar organizations; i. Prohibit the operation of a fixed location where the generator, producer, source or franchised collector of solid waste brings that waste to a fixed location for transfer, disposal or resource recovery; provided, however, that the establishment or maintenance of any such location brought into being after April 1, 1978, shall be only by permit issued by the City Administrator; j. Prohibit the collection, transportation or redemption of beverage containers under ORS Chapter 459; k. Prohibit a person from transporting or disposing of waste that is produced as an incidental part of the regular carving on of the business of janitorial service; gardening or landscaping service; or rendering. (These sources do not include the collection, transportation or disposal of accumulated or stored wastes generated or produced by other persons); 1. Require franchisee to store, collect, transport, dispose of or resource recover any hazardous waste as defined by or pursuant to ORS Chapter 466; provided, however, that franchisee may engage in a separate business of handling such wastes separate and apart from this franchise and chapter; in. Prohibit a nonprofit charitable, benevolent or civic organization from recycling solid waste; provided, that such collection is not a regular or periodic business of such organization. The organizations shall comply with all applicable provisions of this chapter; n. Prohibit any municipal corporation, special district, state or federal governmental entity from accumulating, storing, collecting, transporting, disposing or resource recovering solid waste generated from or by the operations of those entities as long as the entity complies with this chapter, other City ordinances, and Chapter 459 Oregon Revised Statues, dealing with solid waste management, and regulations promulgated under any of the foregoing. 5. Where a permit is required from the City Administrator, it shall be issued only upon a finding that the service is needed, has not been provided by the franchisee or, in the case of fixed base facilities, by other persons. The City Administrator shall give due consideration to the purposes of this chapter. He may attach such conditions as he determines arc necessary to obtain compliance with this chapter and may restrict the term of such permit. The permittee will comply with all applicable provisions of this chapter. 6. Solid waste placed out for collection, whether or not source-separated, belongs to the franchisee when so placed: or. where placed out 11-04-5 Cnde Update: 03102 TIGARD MUNICIPAL CODE for collection by a pennittee, belongs to the permittee. 7. No person shall deposit material in or remove material from any drop box or container supplied by a franchisee without permission of franchisee. create on-route recycling requirements in addition to those found in other applicable law. (Ord. 99- 18; Ord. 99-03; Ord. 91-36 §1 Exh. A(part), 1991: Ord. 86-66 §§1, 2, 1986; Ord. 78-64 §4, 1978). 11.04.050 Franchise-Term-Automatic Renewal When. 8. No person shall take or remove any solid waste placed out for collection by a franchisee or permittee under this chapter. 9. Notwithstanding other provisions of this section, if the Council finds that on-route recycling is technologically and economically feasible and directs that it be instituted: a. Franchisees shall be given advance notice of a hearing on the subject and an opportunity to be heard; b. If, after the hearing and on the basis of written findings, the Council directs the service be provided, the franchisees shall be given a reasonable opportunity to provide the service -or subcontract with other persons to provide it; c. If franchisees do not provide the service within the specified reasonable time, the Council may issue a franchise or franchises for that service and limited to on-route recycling. A franchisee under this subdivision I shall comply with all applicable requirements of this chapter. d. Nothing in this subsection shall prevent the franchisees from instituting on-route recycling prior to a Council determination nor from including income and expense in the rate justification section. C. Section I1.04.070.j requires franchisees to provide the opportunity to recycle, to include on-route recycling, in accordance with applicable law. This subsection is intended to provide a process by which the Council may 1. The rights, privileges and initial- franchise granted herein shall continue and be in full force to and including the thirty-first day of December, 1988, subject to terms, conditions and payment of franchise fees to the City as set forth in this chapter. 2. Unless the Council acts to terminate further renewals of the franchises herein granted: each January 1st, the franchises are automatically renewed for a term of ten years from the January 1st renewal; on January 1, 1993, the franchises are automatically renewed for term of nine years; on January 1, 1994, the franchises are automatically renewed for a term of eight years; and, on January 1, 1995, and on each January 1st thereafter, the franchises are automatically renewed for a term of seven years from the January Ist renewal. (Ord. 92-36 §1, 1992; Ord. 91-36 §1 Exh. A(part), 1991: Ord. 78-64 §5, 1978). 11.04.060 Franchise-Fees. 1. As compensation for the franchise granted to each franchisee and for the use of city streets, the franchisee shall pay to the City a fee, the amount of which is contained in the Master Fee Resolution in effect at the time the franchise agreement is adopted. Such fees shall be computed on a quarterly basis and paid within thirty days following the end of each quarter calendar year period. Hach franchisee shall maintain an adequate bookkeeping system showing the gross cash receipts resulting from the solid waste services conducted under the franchise. Records shall be open at all times for audit by authorized personnel designated by the 1 I -04-0 Code Update: 03102 TIGARD MUNICIPAL CODE City Administrator. 11.04.070 Responsibility Of Franchisee. 2. Willful misrepresentation of gross cash receipts by a franchisee shall constitute cause for immediate revocation of the franchise, pursuant to Section 11.04.080 of this chapter. 3. The franchise fee shall be in lieu of any business license or regulatory fee or tax, but shall not be in lieu of any ad valorem tax, imposed by the City of Tigard. (Ord. 02-05,Ord. 78-64 §6, 1978). 11.04.065 Franchises Records. 1. Franchisee shall keep accurate books and records related to all solid waste activities. Such books and records shall be open to inspection by the City, its attorney, or other authorized agent at any time during the franchisee's business hours. 2. The City may audit or review the books and records as it deems necessary. Information obtained from such audits or reviews may be used to determine the amounts due to the City under the provisions of this franchise agreement. Such information may also be used by the City to determine costs of particular services, to determine changes to the schedule of solid waste rates, or for any other regulatory purpose related to the administration of this chapter. The City shall maintain the confidentiality of such records to the extent allowed by the Oregon Public Records Law. However, the City may provide information obtained pursuant to this franchise to other governmental agencies involved in the regulation of the provision of solid waste services. If such information is shared, the City shall, prior to delivery of the information, receive a written assurance from the receiving agency that the confidentiality of the information shall be maintained to the extent allowed by the Oregon Public Records Law. (Ord. 91-36 §I Exh. A(part), 1991). 1. The franchisees shall: a. Resource-recover or dispose of wastes collected at sites approved by the City that are in compliance with Chapter 459, Oregon Revised Statutes and regulations promulgated thereunder; b. Provide and keep in force public liability insurance, with a thirty-day cancellation clause, with a combined single limit of one million dollars, relating to a single occurrence, which shall be evidenced by a certificate of insurance filed with the City Recorder. The City shall be named as an additional named insured on the policy. The insurance shall indemnify and save the City harmless against liability or damage which may arise or occur from any claim resulting from the franchisee's operation under this chapter. In addition, the policy shall provide for the defense of the City for any such claims. c. Furnish sufficient collection vehicles, containers, facilities, personnel, finances and scheduled days for collections in each area of the City necessary to provide all types of service required under this chapter or subcontract with others to provide such service pursuant to this chapter; d. Provide a cash security deposit or a performance bond in the amount of five thousand dollars to guarantee payment to the City or other affected person of a judgment secured against the franchise holder because of work performed that does not conform with the requirements of this chapter or other ordinances of the City. The deposit or bond shall continue until one year after expiration of the franchise, or until all claims or demands made against the franchisee have been settled or secured; c. Collect no single-family residential 11-04-7 Code Update. 03111 TIGARD MUNICIPAL CODE solid waste before five a.m. or after seven p.m. unless this condition is waived by the City administrator or designee; f. Provide collection and disposal of solid waste from all City facilities, City parks, City sidewalk containers and City activity areas at no cost to the City on a regular schedule; g. Make collection no less often than once each week, except for will-call collections and drop box operations, and except as provided in Section 11.04.140; state and local laws and regulations adopted from time to time for the specific waste materials. 2. A franchisee may require a contract from a customer who requires an unusual service involving added or specialized equipment solely to provide that service. The purpose of this subsection is to prevent the added cost from being assessed against other ratepayers if the customer later withdraws from service. (Ord. 91-36 § 1 Exh. A(part), 1991: Ord. 78-64 §7, 1978). 11.04.080 Franchise-Transfer, Suspension, Modification Or Revocation-Conditions. h. Permit inspection by the City of the franchisee's facilities, equipment and personnel at reasonable times; i. Respond to all calls for special hauling requiring equipment regularly supplied by franchisee within ninety-six hours of receiving said call unless a later pickup is agreeable to the customer. Special hauling of containers or drop boxes supplied by franchisee is dependent upon availability of those containers or boxes. j. Provide the opportunity to recycle to all residential, commercial and industrial sources of recyclable material in compliance with state and local laws and regulations including, without limitation, this chapter, other provisions of the City code, applicable Metropolitan Service District and state Department of Environmental Quality rules and regulations and the Oregon Recycling Opportunity Act (Chapter 729, Oregon Laws 1983). The opportunity to recycle shall include on-route or depot collection of source- separated recyclable material, a public education and promotion program that encourages participation in recycling, and notification to all customers of the opportunity and terms of recycling service. In addition, the franchisee shall provide regular opportunities for disposal of nonputrescible waste, yard debris, discarded appliances and other waste and shall comply with 1. The franchisees shall not transfer this franchise or any portion thereof to other persons without sixty days' prior written notice of intent and the subsequent written approval of City Council, which consent shall not be unreasonably withheld. The City Council shall approve the transfer if the transferee meets all applicable requirements met by the original franchisees. A pledge of this franchise as financial security shall be considered as a transfer for the purposes of this subsection. The City Council may attach whatever conditions it deems appropriate to guarantee maintenance of service and compliance with this chapter. 2. Failure to comply with a written notice to provide the services required by this chapter or to otherwise comply with the provisions of this chapter after written notice and a reasonable opportunity to comply shall be grounds for modification, revocation or suspension of franchise. a. After written notice from the City Council that such grounds exist, franchisee shall have thirty days from the date of mailing of the notice in which to comply or to request a public hearing before the City Council. 11-04-8 Code Uprlule: 03102 TIGARD MUNICIPAL CODE b. if franchisee fails to comply within the specific time or fails to comply with the order of the City Council entered upon the basis of written findings at the public hearing, the City Council may suspend, modify or revoke the franchise or make such action contingent upon continued noncompliance. c. At a public hearing, franchisee and other interested persons shall have an opportunity to present oral, written or documentary evidence to the City Council. The finding of the City Council thereon snail be conclusive; provided, however that such action may be reviewed by a court on a writ of review. d. In the event that the City Council finds an immediate and serious danger to the public through creation of a health or safety hazard, it may take action to alleviate such condition within a time specified in the notice to the franchisee and without a public hearing prior to taking such action. by the City Council, the franchisees may sign an acceptance of the amendments. However, when the amendment is adopted pursuant to Sections 11.04.020.1.a, 11.04.020.1.b, and 11.04.020.11, 11.04.020.2.b, 11.04.040.4.e, 11.04.040.9, and 11.04.080.1 and 11.04.080.2, the franchisees shall sign an acceptance of the amendment. The franchise shall be amended upon acceptance of the amendments by the franchisees. (Ord. 91-36 §1 Exh. A(part), 1991: Ord. 78-64 §9, 1978). 11.04.090 Rates For Service. 1. The rates to be charged to all persons by the franchisee shall be reasonable, uniform, and based upon the level of service rendered or required by state or local laws or regulations, haul distance, concentration of dwelling units and other factors which the City Council considers to justify variations in rates that outweigh the benefits of having a single rate structure unless otherwise noted in this chapter; Nothing in this section is intended to 3. The City or any one of the franchisees may propose amendments to this franchise. Proposed amendments shall be in writing and delivered to the City Administrator and the franchisees. The City Administrator shall present the proposed amendments to the solid waste advisory committee ("committee") or a similar committee approved by the City Council. The committee shall review the proposed amendments and make a recommendation to the City Council. The committee may hold public hearings, obtain additional information, negotiate and undertake other activities to Prepare a recommendation to the City Council. Both the City Administrator, or designee, and the franchisees shall be invited to attend meetings of the committee to comment on the proposed amendments and be otherwise available as resources to the committee. After review of the proposed amendments to the franchise, the City Council may, after public hearing, adopt the amendments. After adoption prevent: a. The reasonable establishment of uniform classes of rates based upon length of haul; type of waste stored, collected, transported, disposed of, salvaged or utilized; or the number, type and location of customer's service, or the type of services; the service required by laws and regulations; or upon other factors as long as such rates are reasonably based upon the cost of the particular service and are approved by the City Council in the same manner as other rates; b. The franchisee from volunteering service at reduced cost for a civic, community, benevolent or charitable program. 3. Rates to be charged by the franchisees under this chapter shall be set by the City Council by resolution as deemed necessary by the Council. Except, changes in charges to the franchisees for II-04-9 Code Updnle: 03102 TIGARD MUNICIPAL CODE solid waste disposal site fees and other similar charges directly related to the transportation and disposal of solid waste, imposed by a governmental agency shall be included in the rates, provided such changes are evenly distributed among the rates. The franchisees shall provide sixty days' written notice with accompanying justification for all other proposed rate changes. The Council shall give due consideration to the purposes of this chapter and the annual report filed by the franchisees in evaluating the proposed rate changes. 4. The franchisee shall be provided with thirty-day prior written notice with accompanying justification for a City-initiated reduction in rate schedule. Council shall act upon any rate adjustment by May 31st, and the adjustment shall take effect June 1st. Rate adjustments shall be by resolution of the Council. e. The reports are required from each franchisee regardless of whether or not a rate adjustment is requested. 6. Emergency rates or an interim rate for a new or altered service may be set by the City Administrator; provided, however, that an emergency or interim rate is not valid for more than six months from the effective date. The City Administrator shall report any emergency or interim rate adopted together with justification to the Council for action by resolution and order, if the rate is to continue for more than six months. 5. Unless a governmental unit or legislative body has raised or lowered the cost of providing service or there is a substantial increase in the cost of doing business that was not provided for in the previous rate adjustment, rate adjustments shall be made annually on the following schedule: a. On or before March 1st, the franchisee shall file an annual report, in a form required by administrative rule, with the City Recorder for the year ending the previous December 31st. b. The City Administrator shall report to the Council by April 1st on the franchisee reports and propose rate adjustments, if any. The Administrator may make such recommendations as appropriate to the rate determination. A copy shall be delivered to each franchisee. c. The Council may set a hearing on any proposed rate adjustment. d. Unless there is good cause shown and recorded in the minutes of the Council, the 7. Rates established by the Council are fixed rates and the franchisee shall not charge more or less than the fixed rate unless pursuant to subsection B2 of this section. 8. Nonscheduled services shall be charged at the reasonable cost of providing the service taking into consideration the factors in subsections B and C of this section and as determined by franchisee. 9. In establishing rates, the Council may set uniform rates, uniform rates by zone and different rates for collectors where there is a service and cost justification. 10. Until changed by the Council, rates to be charged are those in effect on the effective date of the ordinance codified in this chapter. 11. If approved in a rate schedule, a "start charge" for new service and a "restart charge" for reinstituted service may be added. 12. Franchisees may request and the Council shall schedule a public hearing on the 11-04-10 Code Update: 03102 TIGARD MUNICIPAL CODE application for adjustment or action of the Council where no public hearing has been held prior to rate determination. 13. Franchisee may require payment for residential and multifamily residential service up to three months in advance, and may bill up to three months in advance, arrears or any combination. Where billed in advance, franchisee will refund a prorated portion of the payment for any complete months in which service is not to be provided. Where billed in advance, no rate adjustment shall be effective until the end of the advance payment. 14. Any person who receives solid waste service from the franchisees shall be responsible for payment for such service. 15. Franchisee may charge at time of service for drop box service or for any customer who has not established credit with franchisee. (Ord. §1 Exh. ( §§3--6, §1,1983; Ord. 8-64 §8, 1986; Ord. 3 9 1978). 11.04.100 Container Requirements And Collection Limitations. 1. In addition to compliance with ORS Chapter 459 and regulations promulgated in it and in this section: To achieve the purposes of this chapter, to prevent recurring back and other injuries to collectors and other persons, to comply with safety instructions to collectors from the State Accident Insurance Fund, and to comply with safety, health and environmental safeguards: handle, not to exceed thirty-two gallons' capacity, and be watertight in construction; shall be made of metal or some rigid material that will not crack or break in freezing weather; and shall be waterproof, rodent-resistant and easily cleanable; and shall not exceed the gross loaded weight established by state law or regulation. b. Sunken refuse receptacles or containers shall not be used, unless they are placed aboveground by the owner for service. c. On the scheduled collection day, the customer shall provide safe access to the pickup point which does not jeopardize the safety of the driver of a collection vehicle or the motoring public or create a hazard or risk to the person providing service. Receptacles must be in a visible (from the street or alley) location which may be serviced and driven to by satellite vehicles where practical. Access must not require the collector to pass behind an automobile or other vehicle or to pass under low-hanging obstructions such as eaves, tree branches, clotheslines or electrical wires which obstruct safe passage to and from receptacles. Receptacles must be at ground level, outside of garages, fences and other enclosures, and within one hundred feet of the street right-of-way or curb. Where the City Administrator finds that a private bridge, culvert or other structure or road is incapable of safely carrying the weight of the collection vehicle, the collector shall not enter onto such structure or road. The customer shall provide a safe alternative access point or system. d. All solid waste receptacles located at single-family residences shall be placed together in one authorized location on the regularly scheduled collection day. a. Solid waste receptacles designed for manual pickup shall: have sides tapering outward to the opening at the top that provide for unobstructed dumping of the contents, two handles on opposite sides, a close-fitting lid with e. All solid waste receptacles, including but not limited to cans, containers and drop boxes, shall be maintained in a safe and sanitary condition by the customer. II-04-II Code Update: 03102 TIGARD MUNICIPAL CODE f. Solid waste service customers shall place items not intended for pickup at least three feet from solid waste receptacles. g. No person shall block the access to a solid waste container or drop box. h. No person shall place any hazardous waste, as defined by or pursuant to ORS Chapter 466, out for collection by another person, franchisee or permittee or place it in any container supplied by such a person, franchisee or permittee without prior written notification and acceptance by the person, franchisee or permittee, and also upon compliance with any requirements of ORS Chapter 466 and any rules or regulations thereunder. Franchisee may decline to provide service for hazardous waste. A container for hazardous or other special waste shall be appropriately labeled and placed in a location inaccessible to the public. If the container is reusable, it shall be suitable for cleaning and be cleaned. (See also requirements of ORS Chapter 466 and rules and regulations thereunder.) i. All putrescible solid wastes shall be removed from any premises at least once every seven days, regardless of whether or not confined in any container, compactor, drop box or other receptacle. Container customers shall supply a location and properly maintain containers so as to meet standards of this chapter. 2. If a customer does not comply with any of the provisions of subdivision A 1 of this section, the franchisee shall not be obligated to provide service to that customer. Franchisee shall immediately notify the customer and the City of the noncompliance. Customer may be charged as if the service had been rendered. 3. No stationary compactor or other container for commercial or industrial use shall exceed the safe-loading design limit or operation of the collection vehicles provided by the franchisee serving the area. Upon petition of a group of customers reasonably requiring special service, the City Council may require the franchisee to provide vehicles capable of handling specialized loads, including but not limited to front-loading collection vehicles and drop-box vehicles and systems. 4. Any vehicle used by any person to transport wastes shall be so loaded and operated as to prevent the wastes from dripping, dropping, sifting, blowing or otherwise escaping from the vehicle onto any public right-of-way or lands adjacent thereto. (Ord. 91-36 §1 Exh. A(part), 1991: Ord. 78-64 § 15, 1978). j. If for other than manual pickup, no customer shall use any solid waste collection container unless it is supplied by the franchisee or is approved by the franchisee on the basis of safety, equipment compatibility, availability of equipment and the purposes of this chapter. k. Containers (and drop boxes) shall be cleaned by the customer; provided, however, that the franchisee shall paint the exterior and provide normal maintenance. The customer shall be liable for damage beyond reasonable wear and tear. 11.04.105 Stationary Solid Waste Compactors. I. To achieve the purpose of this chapter to make stationary waste compaction compatible with the equipment of franchised haulers, and to comply with safety, health and environmental requirements, permits for compactors shall be issued by the Director or designee according to the following procedures and criteria: II-04-12 Code Update. 03102 TIGARD MUNICIPAL CODE 2. Procedure. a. Submit a permit application to the community development department together with the required fee. b. Provide the following documentation along with the permit application: (1) Site plan which indicates the location of the compactor; maneuvering distance showing the compactor can be picked up, transported and returned by the franchisee; where applicable, receptacles at the same location as the stationary compactor for separated recyclable materials to be collected and transported by the franchisee; all buildings, parking areas, fences and major landscaping features; (2) Letter of compatibility with the franchisee's hauling equipment, signed by the franchisee; c. The Director shall process the permit as a ministerial decision. 3. Approval Criteria. Applicant shall demonstrate that: a. The compactor is compatible with the franchisee's hauling equipment; b. The proposed site plan provides adequate maneuvering distances for the franchise hauler's equipment and maintains adequate and safe access for all other vehicles and pedestrians as required by local, state or federal law; c. The compactor and applicant can comply with any applicable federal, state and local health, safety and environmental regulations including, but not limited to, OAR 437-02-242; and this section; d. Adequate opportunity for recycling has been provided and the area where the franchisee collects separated recyclable materials is at central locations accessible to the franchisee's hauling equipment; e. The compactor can adequately serve the purpose for which it is installed, including: (1) Able to hold all wastes generated by the permittee, (2) Accessible and easy for the permittee and its tenants and employees to insert waste into the compactor in a safe manner, (3) Safety measures to prevent unauthorized or accidental operation, or attraction to minors, and (4) Sanitary and tight design to prevent waste from leakage, dropping, blowing or otherwise escaping from the compactor or unauthorized removal of waste from the compactor. f. The compactor shall be located outside of any required building setback areas and/or required buffered areas as required by the applicable zoning district and related community development code or municipal code standards. g. The Director may waive the setback requirements if the permittee can demonstrate that this amount of setback will be impractical. Additional screening or other noise reduction measures may be required. 4. Conditions of Approval Authorized; Revocation. The Director may approve the permit subject to reasonable conditions, related to the approval criteria. The Director may revoke a permit if the permittee does not correct violations of this section, or any other applicable provisions of this chapter, upon order of the City II-04-13 Code update. 03102 TIGARD MUNICIPAL CODE Administrator or designee following the procedure set forth in the code. The permittee shall comply with the provisions of this section at all times while the permit is in effect. Operational Standards. At all times the applicant and the compactor shall remain in compliance with the following requirements: a. Compliance with any applicable federal, state and local health, safety and environmental regulations including, but not limited to, OAR 437-02-242 and this section; b. The compactor and surrounding area will be kept clean at all times; c. The compactor will undergo regular preventive maintenance and adequate emergency maintenance shall be available; d. The compactor and operation of the compactor shall remain in compliance with all representations made in the application for and the permit issued for the operation; e. There will be no operation of the compactor between the hours of nine p.m. and seven a.m. 6. Safety. No stationary compactor or other container for multifamily residential, commercial or industrial use shall exceed the safe- loading design limit or operation of the collection vehicles provided by the franchisee serving the area. 7. Health. Compactors containing putrescible waste shall be emptied at least weekly. g. Preexisting Compactors. Any compactor regulated by this chapter that was in use on-site prior to the effective date of the ordinance codified in this chapter shall comply with this chapter one year after the adoption of the ordinance; provided the Director may require immediate compliance with this chapter to carry out the health and safety provisions of this chapter. 9. Assignment. Permittee may not assign the permit. 10. Reimbursement for Fines. Permittee shall reimburse the franchisee for any fines incurred by the franchisee for weight or environmental violations, or any other violations or use of the caused by the ownership, operation compactor. 11. Signing. Each container shall be clearly labelled with the name, address and telephone number of the permittee and the name of an individual to contact. 12. Violations. Franchisee shall not be obligated to transport a compactor that violates the provisions of this section. On notice from franchisee to permittee and the City, permittee shall immediately correct the violation. If permittee does not correct the violation, franchisee shall report the violation to the City. 13. Permit Fee. Permittee shall pay the City i) ncil an initial permit fee as adopted by Council resolution. (Ord. 91-36 §1 Exh. A(part), 11.04.110 Offensive Wastes Prohibited. No person shall have waste on property that is offensive or hazardous to the health or safety of others or which creates offensive odors or a condition of unsightliness. (Ord. 91-36 §1 Exh. A(part), 1991: Ord. 78-64 §16,1978). 11.04.120 Unauthorized Deposits Prohibited. No person shall, without authorization and compliance with the disposal site requirements of II-04-14 Code Update: 0310' TIGARD MUNICIPAL BODE this chapter, deposit waste on public property or the private property of another. Streets and other public places are not authorized as places to deposit waste except as specific provisions for containers have been made. (Ord. 91-36 §1 Exh. A(part), 1991: Ord. 78-62 §17, 1978). 11.04.130 Interruption Of Franchisees Service. The franchisee agrees, as a condition of a franchise, that whenever the City Council finds that the failure of service or threatened failure of service would result in creation of an immediate and serious health hazard or serious public nuisance, the City Council may, after a minimum of twenty-four hours' actual notice to the franchisee and a public hearing if the franchisee requests it, provide or authorize another person to temporarily provide the service or to use and operate the land, facilities and equipment of a franchisee to provide emergency service. If a public hearing is requested by the franchisee, it may be held immediately by the City Council after compliance with the minimum notice requirements for such meetings established by the Oregon Public Meetings Law. The City Council shall return any seized property and business upon abatement of the actual or threatened interruption of service, and after payment to the City for any net cost incurred in the operation of the solid waste service. (Ord. 91-36 §1 Exh. A(part), 1991: Ord. 78-64 §10, 1978). 11.04.140 Termination Of Service By Franchisee. The franchisee shall not terminate service to all or a portion of the customers unless: 2. As determined by the franchisee, excessive weather conditions render providing service unduly hazardous to persons providing service or to the public or such termination is caused by accidents or casualties caused by an act of God, a public enemy, or a vandal, or road access is blocked; 3. A customer has not paid for provided service after a regular billing and after a seven- day written notice from the date of mailing, which . notice shall be sent not less than fifteen days after the first regular billing; or 4. Ninety days written notice is given to the City Council and to affected customers and written approval is obtained from the City Council; 5. The customer does not comply with the service standards of Section 11.04.100 of this chapter. (Ord. 91-36 §1 Exh. A(part), 1991: Ord. 78-64 §11, 1978). 11.04.150 Subcontracts. The franchisees may subcontract with others to provide a portion of the service where the franchisees do not have the necessary equipment or service capability. Such a subcontract shall not relieve the franchisee's of total responsibility for providing and maintaining service and from compliance with this chapter. Franchisee shall provide written notice to the City of the franchisee's intention to subcontract any portion of the service prior to entering into such agreement. (Ord. 91-36 §1 Exh. A(part), 1991: Ord. 78-64 § 12, 1978). 11.04.160 Rules And Regulations. I . The street or road access is blocked and there is no alternate route and provided that the franchisee shall restore service not later than twenty-four hours after street or road access is opened; The City Administrator or designee may propose and prepare rules and regulations pertaining to this chapter. The rules and regulations shall be printed or typewritten, and be 11-04-15 Code Updafe. 03102 TIGARD MUNICIPAL CODE maintained for inspection in the office of the City Recorder. All proposed rules and regulations promulgated under the authority of this section, and all amendments thereto, shall be immediately forwarded to the franchisee operating under this chapter for response. The franchisee shall have thirty days to respond in writing to such proposed rules and regulations. If the franchisee has objections or revisions to the proposed'rules, the franchisee shall meet and confer with the City Administrator regarding the franchisees concerns. If the concerns are not resolved through consultation with the City Administrator, then the Administrator shall forward the proposed rule, with the franchisees comments, to the City Council for its consideration. The franchisee may request that the City Council hold a public hearing on a proposed rule. The Council may approve the proposed rule as submitted, modify the rule, or reject the rule. The Administrator shall enact all rules by written order. (Ord. 91-36 §1 Exh. A(part), 1991: Ord. 78-64 § 14, 1978). 11.04.180 Penalty. Violation by any person of the provisions of this chapter, rules adopted pursuant to Section 11.04.160, or of a permit issued pursuant to Section 11.04.105, shall be deemed a Class 1 civil infraction and shall be punishable according to the provisions set forth in Chapter 1.16 of this code. (Ord. 91-36 §1 Exh. A(part), 1991: Ord. 78-64 §19, 1978).9 11.04.170 Enforcement Officers. The City Administrator shall enforce the provisions of this chapter, and the City's agents, including police officers and other employees so designated, may enter affected premises at reasonable times for the purpose of determining compliance with the provisions and ternis of this chapter. However, no premises shall be entered without first attempting to obtain the consent of the owner or person in control of the premises if other than the owner. If consent cannot be obtained, the City representative shall secure a search warrant from the City's Municipal Court before further attempts to gain entry, and the City shall have recourse to every other remedy provided by law to secure entry. (Ord. 91-36 § I Exh. A(part), 1991: Ord. 78-64 § 13, 1978). 11-04-16 Code Update: 03102 City of Tigard Service Standards Solid Waste Collection Roles & Responsibilities 10/01/99 City of Tigard Service Standards Solid Waste Collection Roles & Responsibilities Solid waste collection within the City of Tigard is a partnership between the franchised hauler providing service and the citizen requesting service. The following "rules of the game" are provided in order to describe the roles and responsibilities of each of the partners to assure an efficient and effective solid waste collection system in Tigard. Additionally, these minimum standards are offered as a guideline for service and are not to be construed as the total responsibilities for each party. To make the list of roles and responsibilities easier to use, the services and responsibilities are listed in alphabetical order. The following coding system is used to identify the different customer service types: ALL All collection service customers RES Residential customers only MFAM Multi-family customers only COMM Commercial customers only DBOX Drop box customers only RECYCLE Recycling services HAULER Hauler service requirements Bulky Waste Service: ALL Call your franchised hauler for bulky waste service. Cleanup: ALL Solid Waste should be placed safely and securely to prevent lightweight materials from blowing away prior to being dumped into the collection vehicle. The customer shall make every effort to place containers so as to prevent material from being blown, littered, broken, or leaked during the course of collection. The customer shall make every effort to clean up any such material prior to collection. HAULER The franchised hauler shall make every reasonable effort to pick up all material blown, littered, broken, or leaked during the course of collection. Collection Equipment: HAULER Franchised haulers shall comply with all applicable federal, state and local laws and regulations relating to driving and transportation. All collection equipment must be maintained and operated in compliance with all local and state statutes, ordinances and regulations including compliance with regulations related to the safety of the collection crew and the public. All open-body collection vehicles shall have a cover which shall be used while in transit from collection areas, except during the transportation of bulky wastes. Collection Point: ALL On the scheduled collection day, the customer shall provide a safe access to the pickup point. "Curbside" service location for carts is to be within five feet (5') of the curb. "Non- curbside" service location for all containers must be in a location mutually agreed on by franchised hauler and customer. Items not for collection shall be at least three feet (3') from any solid waste container. The customer shall assure proper placement of the container for collection and assure that no blockage occurs by vehicles or other containers. RES Recycling materials shall be placed for collection at the curbside/roadside. COMM The customer shall make available for collection solid waste contn,iner(s) at a location mutually agreed on by franchised hauler and customer. Where the customer's recycling collection or storage systems is indoors, the customer is required to place the material outdoors. When a customer has individual cart service at multiple points the customer shall also receive curbside recycling or other recycling services as mutually agreed upon by hauler and customer. Collection Schedule: RES Solid waste & recycling collection shall be offered weekly or on call and consistently occur on the same day of the week. Collection service by all vehicles will be Monday through Friday except during Holiday Weeks. MFAM/COMMBOX Collection service by all vehicles will be Monday through Friday. Saturday service is available through the hauler and may be charged a weekend surcharge. Recycling materials shall be collected as frequently as needed to accommodate container size. HAULER The franchised hauler may periodically change a customer's designated collection day provided a written notice is given to a customer indicating the intent to change the customer's designated collection day and informing the customer of the new collection day. Complaints: HAULER The franchised hauler shall respond promptly to customer calls and complaints. Both office and on-route staff shall be knowledgeable and courteous in answering customer information requests and resolving customer complaints regarding solid waste and recycling collection service. Container: ALL containers shall be supplied or approved by the franchised hauler. The customer is responsible that the solid waste container be maintained in a safe and sanitary condition. Containers should not be placed in an area where they obstruct the sidewalk. Within 24 hours after collection, the customer is encouraged to move the emptied container from the curbside: Containers provided by the franchise hauler remain the property of the hauler and are to be left at the customer's service location when a customer moves. MFAM & COMM No train-type systems will be serviced by the franchised hauler nor allowed in any complexes within the City of Tigard. HAULER Containers made available by the franchised hauler to customers shall be designed for safe handling. They shall be nonabsorbent, vector-resistant, durable, easily cleanable, and where appropriate, provided with lids or covers which can be readily removed or opened. The franchised hauler is responsible to leave "at the point of collection" any containers (except for used motor oil containers) after service is delivered. The hauler shall not leave emptied containers in a location where they would unnecessarily obstruct the sidewalk, a driveway, or any public thoroughfare or impede pedestrian or vehicular traffic. Lost or stolen containers shall be replaced by the franchised hauler after charging the customer the established replacement fee. Container Damage: ALL Customer and franchised hauler supplied solid waste containers shall be replaced by the customer if in the course of storage of solid waste or recycling the customer causes damage sufficient to render the container unusable for the safe storage and collection of solid waste. The customer shall be responsible for container damage caused by weather or criminal activity as well as damage caused by normal wear and tear to customer-owned containers. HAULER The franchised hauler shall be responsible for container damage caused by normal wear and tear to franchised hauler-owned containers. Container Weight: ALL The customer shall not place more weight in the collection container than it is designed to safely hold also the gross loaded weights shall not exceed the safe design limits of the collection equipment. COMM The customer shall not load commercial containers that cannot be safely maneuvered manually or exceed 200 pounds per loose yard or 500 pounds per compacted yard as measured by appropriate equipment. DBOX The customer shall not load any drop box so that the total weight of the collection vehicle exceeds any federal, state or local legal load limits. HAULER The franchised hauler shall leave an overweight solid waste or recycling container with a notice describing the problem and requesting that the customer place the materials in more than one container. The franchise hauler shall document such action. The hauler may charge the call back rate established by the City if the customer requests that the material be picked up on any day other than the customer's next regularly scheduled collection day. Should the hauler be cited for hauling a compactor or drop box which makes the total weight of the collection vehicle exceed legal load limits, the cost of the citation and the driver's time shall be charged to the customer who overloaded the container. Disabled Customers: HAULER Customers have the right to expect solid waste services in compliance with the Federal Americans with Disabilities Act. Drop Box Time: DBOX The customer shall request drop box for waste collection or recycling service from the franchised hauler. The customer shall have a one time use of the drop box for 48 hours from time of delivery, except on weekends where a drop box is delivered on a Friday or on franchised hauler notified holidays. The Customer agrees to pay the required cost for additional time over 48 hours at the approved City of Tigard rate. The Customer will have the drop box available for collection service Monday through Friday unless prior arrangements are made with the franchised hauler. HAULER The hauler will provide temporary drop box service to residential or commercial customers within 96 hours of request. The customer has a one time use of the drop box for 48 hours from time of delivery, except for weekends for a drop box delivered on Friday. Extras: ALL Customers shall pay the fee established by the City of Tigard for "extra" materials set out at the point of collection beyond the customer's subscribed service level. The customer shall indicate to the franchised hauler if the customer wants service in which no extras are to be collected. Frequency: ALL The customer shall assure that all putrescible solid waste (such as food, disposable diapers and animal waste) is removed at least once every seven (7) days. COMM The Customer shall notify the franchise hauler of what frequency is needed to accommodate container size. Hauler Requirements: Disposal Sites Haulers shall resource recover or dispose of wastes at sites approved by the City. Noise Franchised haulers shall not engage in any activity which causes excessive or unusually loud sound which disturbs the peace and quiet of any neighborhood or which injures or endangers the comfort, repose, health, peace, or safety of any person. Records The hauler shall make all company premises, facilities, equipment and records which are related to the franchise available for inspection for individuals specifically authorized by the City within 24 hours of receipt of a written notice. Records to be maintained by the hauler are to include financial, solid waste disposed, recyclable collected, list of recycling markets and disposal sites used, amount of material recycled and participation rates, truck maintenance schedules, driver accident reports, driver infractions, personnel training and customer complaint logs. Tires Collection of tires from any residence in the franchise area will be provided within 96 hours of a request and a charge will be billed for the service. Disposal of tires will be at an approved facility which reuses or recycles the tires. Training The hauler shall be responsible for training collection crews before initiating solid waste and recycling collection, and office staff prior to the employee having public contact. The scope of training shall include but is not limited to acceptable safety practices, acceptable standards of service to the public, courteous customer service, and accuracy and completeness of information. All information conveyed to a customer or inquiring person shall be consistent with City service standards. Zoning Haulers facilities for storage, maintenance and parking of any vehicles or other equipment shall comply with all applicable zoning ordinances. Hazardous Waste: ALL The customer shall not leave. in any solid waste or recycling container any hazardous, toxic and/or medical wastes. MFAM The manager or owner of a multi-family complex with commercial service is responsible to assure that the solid waste does not contain hazardous materials. HAULER The franchised hauler shall not knowingly empty a solid waste container that contains hazardous and/or toxic wastes. The hauler shall leave a notice on the container that describes the problem. The hauler shall provide information upon request to all customers about hazardous waste and options available for collection and disposal. The hauler shall comply with all Federal, State, County and Metro regulations applicable to the collection and disposal of hazardous wastes. Holidays: ALL The customer shall be responsible for proper placement on collection make-up days for franchised hauler designated and notified holidays. HAULER There shall be no collections on Christmas Day. Franchised haulers may designate other State holidays for no collection provided the customer has been notified in writing. (This is normally done on the billing form.) Customers shall be informed of collection make-up days. The make-up days shall occur during the same week as the holiday and may include Saturday. Hours of Operation: ALL The customer is responsible for placing the container(s) at the agreed upon point of collection. RES AND MFAM The customer shall place the solid waste & recycling containers out prior to 6:00 a.m. on the customer's designated collection day. COMM The customer shall place the solid waste & recycling containers so as to be available at all times for collection. DBOX Collection of drop boxes containing solid waste or recycling shall be between the hours of 6:00 a.m. and 5:00 p.m. on regularly scheduled collection days. If the drop box is located within a commercial or industrial zone, then the customer shall place the solid waste container so as to be available at all times for collection. The customer shall request collection of drop boxes prior to 12:00 noon to assure same day collection and when same day service is required, an additional charge may be generated if such service requires the franchised hauler to exceed normal operating hours. The additional charge will be in accordance with the rate approved by the City of Tigard. HAULER Haulers shall maintain office hours open to customers and other persons for personal visit or telephone contact with a minimum of 7 hours starting no later than 8:00 AM nor ending before 4:00 PM excluding holidays. Haulers shall have office staff or an answering service/machine available for accepting customer telephone calls and complaints at all times. Phone lines must be business dedicated phone lines. Unless prevented by Force of Nature, calls received by 1:00 PM by office staff must be returned the same day and by noon of the following business day if received after 1:00 PM. Ice and Snow: ALL Haulers may, when weather conditions make driving or collection hazardous, delay any collections scheduled on these hazardous days until the first day, excluding Sundays and non- collection holidays, that hazardous conditions no longer exist. RES If these conditions exist more than three collection days, collection will not occur until the next week's regular collection day. Late Set Outs: RLS The hauler is not required to collect for that week residential carts and recycling bins that have been determined to be late set-outs after the designated time. Customers wanting collection that week may request a call back service at the rate approved by the City for each service requested. Missed Collection: The customer shall notify the franchised hauler promptly of a missed collection of solid waste and/or recycling. HAULER The hauler shall respond promptly to reports of missed collection of solid waste and recycling. A complaint of missed collection received by the hauler from the customer or the City shall be remedied by collecting the material within 24 hours (excluding Saturdays, Sundays and non-collection holidays) of the Customer's or City's report unless the customer and hauler agree to another remedy. This 24 hour deadline does not apply where the missed collection has occurred due to late or improper set-out by the customer. Ownership of Recyclable Materials: ALL recycling materials placed out for collection shall be the responsibility of the customer up until the time of collection. At the time of collection, all recycling materials placed out for collection shall be collected exclusively by the franchised hauler. MFAM The manager or owner of a multi-family complex is responsible for the proper preparation of the recycling materials and for the proper education of tenants in the use of the service. It is the responsibility of the manager to distribute recycling promotional materials to every multifamily residential unit. HAULER The hauler will be the owner of all recyclable material once it is collected. Payment: ALL The customer shall pay for all service within thirty (30) days of billing by the franchised hauler. Customers lacking credit with the hauler shall pay prior to service if required by the hauler. The customer shall pay all additional service charges for any past due bills. Stop service customers are responsible for any past due bills prior to re-establishment of service by the franchised hauler. DBOX The customer shall make payment at the time delivery that includes cost of collection and estimated cost of disposal or recyclable processing from noncustomers and customers lacking credit with the franchised hauler. An overpayment by the customer shall be returned to the customer later than 30 days after customers request for payment. HAULER The franchised hauler may request payment from drop box customers or non-customers who lack credit-with the hauler at the time of delivery. This payment shall include the cost of collection and the estimated cost of disposal. An overpayment by the customer shall be returned to the customer no later than 30 days after customers request for payment. A hauler may terminate service if a customer has not paid for provided service after a regular billing and after a 7-day written notice from the date of mailing. The notice shall be sent not less than 15 days after the first regular billing. Properly Prepared Recyclable: ALL The customer shall properly prepare all recycling materials as required by the City of Tigard. The customer shall remove improperly prepared material from the container so that the franchised hauler may collect the material on the customer's next recycling collection day. It is the responsibility of the customer to separate recycling materials and keep distinct from garbage. Customers should prepare materials so as to prevent lightweight materials from being blown away prior to and during collection. MFAM AND COMM If a customer is notified that a container of recyclables has been rejected by the franchised hauler for improper preparation, the customer should either correct the preparation problem by properly preparing the recyclable or transfer the contents of the recyclable container into a solid waste container. If a customer specifically requests a franchise hauler to transfer the improperly prepared recyclable into a solid waste container, the franchise hauler may comply with the request, but is not obligated to do so by these regulations. The multi-family complex manager is responsible for mis-prepared materials. DBOX The customer shall have the option of correcting the improper preparation if present at the time of collection. The customer shall pay the franchised hauler a charge for standby time or a return charge if unable to collect immediately. If the customer is not present, the franchise hauler shall complete a City approved notice describing the problem and leave on the customer's front door. If the improper preparation is not discovered until the materials are delivered to a recycling center, the customer shall pay an additional charge equal to the time, distance and disposal cost of the load. HAULER The hauler is responsible for notifying the customer at the point of collection of improper preparation and the action options available to correct the improper preparation. The hauler shall collect any properly prepared material that is accessible. For improperly prepared material, the franchise hauler shall complete a city approved notice describing the problem and leave it in the customer's container or securely attached to the container or customer's front door. The hauler shall document such action. Haulers' service standard for mis-prepared notice for each type of mis-prepared material for residential customers is: 1 st incident Leave correction tag and take item. 2nd incident Leave correction tag and take item. Send form letter to customer with correct preparation instructions. 3rd incident Leave correction tag and leave improperly prepared item. NOTE: Items which cannot easily be corrected by the driver and will contaminate their load will be left with a correction tag. Haulers' service standard for mis-prepared notice for each type of mis-prepared material for commercial customers is: 1st incident Leave material and place phone call to customer. 2nd incident Leave materials and place phone call to customer. Send a letter enclosing a list of charges that will be used after next incident. 3rd incident Leave material and send letter with list of charges that have been levied. Recycling Services: ALL Recycling services are available to all customers. Call your hauler to find out what materials can be collected and what the proper preparation standards are being required by the recycling markets. RES Weekly waste customers will be offered a recycling bin and weekly recycling. On-call customers will be offered a bin and recycling on the same day as waste collection in a volume comparable to the weekly customer. Recycling only customers will be offered a bin and be provided weekly recycling at the rate established by the City. HAULER The hauler will pick up all properly prepared solid waste for recycling as designated by the City. The hauler will be the owner of the recyclable material collected and will ensure that all collected recyclable are delivered to a processor or broker of recyclable materials or to an end-use market. Disposal of recyclables is prohibited except with prior approval by the City. Upon rejection by the market, the City accepts any market rejection slip as prior approval for disposal of rejected material. Service Level: ALL The customer shall request the level and type of service from the franchised hauler. HAULER The franchised hauler shall make available, for subscription, all levels of solid waste collection service for which the City of Tigard sets rates to every person in its designated franchise territory. City of Tigard sponsored clean-ups shall be supported by the franchised haulers to the fullest extent practicable. Transportation of Waste: ALL & HAULER Any vehicle used by any person to transport waste shall be so loaded and operated as to prevent the wastes from dripping, dropping, sifting, blowing or otherwise escaping from the vehicle onto any public right-of-way or lands adjacent to the right of-way. Unusual Service: ALL customer may be required to enter into a contract with the franchised hauler for unusual service involving added or specialized equipment not normally provided under City required services. Vacation Credits: RES Customers may temporarily discontinue service and receive unlimited vacation credits in a calendar year for any period of two weeks or more. The customer must request the discontinuance no later than noon on the business day, excluding weekends, prior to the date of discontinuance. Customers that temporarily discontinue waste collection service will not receive recycling service for that same period of time. HAULER The franchised hauler shall keep a record of such temporary discontinuance and credit the customer's account for that period of time collection service is discontinued. The hauler shall charge an account restart fee to reinstate service if more than four vacation credits are taken in any calendar year. QUESTIONS ABOUT YOUR SERVICE OPTIONS? Please call your hauler for information: MILLER'SSANITARYSERVICE 644-6161 PRIDE DISPOSAL 625-6177 QUESTIONS ABOUT THE CITY OF TIGARD'S RULES FOR COLLECTION SERVICES? Please call the City of Tigard at 639-4171. lomen\h:\solidwasteU9servsGdoc IL H _J W J 7 Attachment "A" CITY OF TIGARD SOLID WASTE DISPOSAL RATES • JANUARY 1, 2002 G. H to _J W J ■ Recycling only (red bins 8 cart) $9.96 monthly (red bins only) $4.98 monthly (yard debris cart only) $4.98 monthly Mini cart (20 gal) with yard debris $16.10 monthly without yard debris (see yard debris exemption process) $13.85 monthly Cart (32 gal) with yard debris $18.75 monthly without yard debris (see yard debris exemption process) $16.45 monthly Cart (60 gal) with yard debris $29.25 monthly Cart (90 gal) with yard debris $35.50 monthly On-call service (mixed waste, red bin and yard debris recycling) $9.50 each call All carts must be placed within 5' of the curb unless yard service rate is paid. See Tigard Solid Waste Administrative Rule #99-1, Exhibit A for yard debris exemption process. COMMERCIAL CONTAINER SERL"CE (LOOSE) MONTHLY RATES QW2111erSim Each 32 gallon cart $18.75 60 gallon cart $29.25 90 gallon cart $35.50 Weekly Pickup Freq uency One TWO Ihm Eour E11to One yard $89.71 $167.41 $241.99 $316.59 $391.37 Each additional $57.97 $111.65 $165.20 $218.76 $272.44 One and 1/2 yards $114.67 $211.04 $307.34 $403.64 $500.03 Each additional $80.00 $155.29 $230.55 $305.80 $381.10 Two yards $136.73 $254.73 $372.72 $490.71 $608.70 Each additional $102.08 $198.97 $295.93 $392.88 $489.77 Three yards $180.71 $342.10 $503.39 $664.70 $826.09 Each additional $146.05 $286.34 $426.60 $566.87 $707.16 Four yards $224.71 $429.50 $634.11 $838.71 $1,043.50 Each additional $190.05 $373.74 $557.31 $740.89 $924.57 Five yards $268.75 $516.75 $764.76 $1,012.77 $1,260.78 Each additional $234.09 $461.01 $687.96 $914.93 $1,141.85 Six yards $312.51 $603.92 $895.23 $1,186.54 $1,477.95 Each additional $277.85 $548.16 $818.42 $1,088.71 $1,359.02 Eight yards $401.34 $779.36 $1,157.39 $1,535.40 $1,913.42 Each additional $366.69 $723.61 $1,080.59 $1,437.57 $1,794.49 DROP BOX SERVICE (LOOS E) EACH SERVIC E CALL Drop Box Size Twenty yard box or smaller Regularly Sched Charge uled Service $103.68 Occasional and Special Service Charge $116.05 Demurrage $5.00 Demurrage $5.00 Disposal fee actual cost Disposal fee actual cost Franchise fee actual cost Franchise fee actual cost Thirty yard box Charge $126.89 Charge $139.87 Demurrage $6.60 Demurrage $6.60 Disposal fee actual cost Disposal fee actual cost Franchise fee actual cost Franchise fee actual cost Forty yard box Charge $155.29 Charge $168.57 Demurrage $6.60 Demurrage $6.60 Disposal fee actual cost Disposal fee actual cost DROP BOX SE Franchise fee RVICE (COMPAC actual cost TED) EACH SER Franchise fee actual cost VICE CALL Drop Box Size Regularly Sched uled Service Under 20 yards Charge $119.02 Disposal fee 2ctu21 cost Franchise fee actual cost 20 yards Charge $124.63 Disposal fee actual cost Franchise fee actual cost 30 yards Charge $164.18 Disposal fee actual cost Franchise fee actual cost 40 yards Charge $188.43 Disposal fee actual cost Franchise fee actual cost MI SCELLANEOUS S ERVICE RATES Service Rata Extra mixed waste per cart (based on 32 gallon capacity) $3.75/occurrence IL Extra yard debris (manual up to 32 gal.) $2.00/occurrence 72 Additional yard debris service (second 60 gal. cart) $2.90/occurrence Call backs/return for pickup of inaccessible can per service call $8.25/occurrence r Yard service rate - extra distance away from curb after first 5 feet $3.00/occurrence C Special service fee $65.00/hour _J Account reinstatement fee 525.00/occurrence ♦rA NSF check fee $25.00/occurrence Tire disposal Hourly rate + disposal fee r--~ CITY OF TIGARD Community Development Shaping A Better Connnunity MEMORANDUM CITY OF TIGARD TO: Department Heads FROM: Jim Hendryx !/A DATE: June 18, 2003 SUBJECT: Council Study Session on June 24th I would like to request that Department Heads attend the June 24th Council study session to discuss and answer questions about the Bull Mountain Public Facilities and Services Assessment Report. I will facilitate the round table discussion on the report. Department Heads should be ready to talk about the following items. If Council requests more information, we will return to the July 8`h meeting for more discussion. 1. Please summarize what the report says the key capital improvement and service needs are for your department? How does this compare to the needs for the rest of the City? 2. If the area is annexed, how is it going to impact your ability to provide services to the rest of the City immediately and over the long term? 3. What about timing? If annexation of the whole area is delayed 5-10 years, how will that impact your ability to provide services to this area, as well as the City? Agenda item No. S+SiQC--- Meeting of sz`Lc~3.__------- MEMORANDUM MUM CITY OF TIGARD Community Development Shaping A Better Community CITY OF TIGARD TO: City Council FROM: Jim Hendryx DATE: June 13, 2003 SUBJECT: June 24th Council Meeting - Bull Mountain Assessment Report Council recently received a copy of the Bull Mountain Public Facilities and Services Assessment Report. We will discuss the report at the June 24th study session, so please bring your copy with you to the meeting. Department Heads will be at the meeting to answer any questions related to their section of the report. AGENDA ITEM # 3. I fl` FOR AGENDA OF CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Approval of Municipal Uourr Ju 1'r, DEPT HEAD OK, CITY MGR OK PREPARED BY: Nadine lnson ISSUE BEFORE THE COUNCIL 88-21 established a policy of setting the terms, expectations and compenstion for the continues Michael J. O'Brien's service as Tigardl judge Resolution through personal services contract. This contract Conti Municipal Court Judge. STAFF RECOMMENDATION Approve resolution renewing Michael O'Brien's personal services contract INFORMATION SUMMARY icipal judge as an officer of the City. Section 11 of the Charter Section 10 of the City Charter designates the mun ensation for city officers. Since 1988, the City has into a ersonal services contract specifies that City Council will determine the amount o comp established compensation and outlined the scope of the judges duties by entering p with the municipal judge. in989.o During and youth court Judge O'Brien has been the senior judge of Tigard Municipal Courts ssince uch Oas civil ctober municipal judge, the traffic caseload has doubled and new p g added. The municipal court continues to grow and to provide a local forum for resolution of parking, have been minor traffic, code violations and limited misdemeanors cases. With approval of this contract, Judge O'Brien will be compensated $30,90 a0 00 per year report and conduct , provide ourt hearings, review and update municipal court rules and PTOStment sfrom the judge's current compensation. The research. The proposed compensation reflects a 3% adjustment contract is for two years and allows for review of compensation at the end of fiscal year 2003-2004 or i caseload or other projects result in extended THER ALTERNATIVES CONSIDERED uire a reduction in caseload and court hours. Do not increase the Judge's compensation. This would req TT,,,., ~n~atvtlTTEE STRATEGY N/A ATTACHMENT LIST Resolution with an attached personal services contract FISCAL NOTES Sufficient funds have been allocated in the 2003-2004 budget. City Council Document Transmittal CITY OF TIGARD To: Nfl&ne, OREGON Roby t1~Y1 From: Date: o • • c~3 I'm sending you: Document Type: ❑ IGA tK Contract El Other Document NamedQs Q3• a+~ .J4 ^..,~~ng Approved at the Council Meeting of: L.-AA-05 Number Copies Included: Z. ❑Your document(s) have been signed by theMp[fU or ,tD Pour document(s) have been signed by the`City Manager [our document(s) requires an additional signature(s) ROV&n all signatures have been obtained, file an original document with City of Tigard Records ❑ Additional instructions: -MunKS 'tA U 1:%ADMICITY COUNCIOCITY COUNCIL DOCUMENT TRANSMITTAL.DOC AGENDA ITEM # _Z a - FOR AGENDA OF June 24 2003 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY intment of tme Marvin of Barbara Butler as nalternahe to the LibBoarB and ointment of Suzan ISSUE/AGENDA TITLE Rea oin Turley to the Libr Board and a yy~ ~ ~ ~ ~ dWI~'CITY MGR OK PREPARED BY: Susan Koe in DEPT HEAD OK Y-g, I M -b4 ISSUE BEFORE THE COUNCIL Appointments to the Library Board. STAFF RECOMMENDATION Adopt the attached resolution making the following appointments to the Library Board: Marvin Diamond and Suzan Turley to four-year terms, and Barbara Butler as alternate for a tyro-year term. INFORMATION SUMMARY Mr. Marvin Diamond was first appointed to complete the term initiated by Ken Tolliver. This resolution appoints This Diamond to a. Turley our-year term sterm on thet Library Board. This resolut on ppo nts Barbara resolution appoints o a Butler as alternate to the Library Board for a two-year tern. OTHER ALTERNATIVES CONSIDERED None VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY Goal: City will maximize the effectiveness of the volunteer spirit to accomplish the greatest good for our community. ATTACHMENT LIST Information about the candidates FISCAL NOTES none Library Board Appointees Marvin Diamond, an eight year resident, lives in the central part of Tigard. Although now retired, he was employed as a pharmacist and a librarian. Marvin has been actively involved with libraries, including the Tigard Library, for several years. Suzan Turley has lived in Tigard are about 1.5 years and resides near Durham Road. Suzan has been employed in the public sector for about 20 years, has held elective positions in other Oregon communities, and been an active volunteer. Barbara Butler has also lived in Tigard for about 8 years. She has worked in the public sector and has also been self-employed. She has a masters degree and been an active volunteer with a variety of agencies. I:%DMISUSANK\TASKFORC\TASKFORC%TASKFORCE\LIBRARY BOARMIAMOND, TURLEY, BUTLER BIOS.DOC AGENDA ITEM # 3 FOR AGENDA OF 06/2412003 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE EPARTMENT APPROPRIATIONS TO ALLOW EXPENDITURES OF POLICOE DTHE FY 2002-03 BUDGET UDGE UDGET TO TO INCREASE GRANT FUNDS. CITY MGR OK PREPARED BY: Roger Dawes DEPT HEAD OK ISSUE BEFORE THE COUNCIL Should the Council amend the FY 2002-03 Budget to increase appropriations to allow expenditure of Police Department grant funds. STAFF RECOMMENDATION Staff recommends approval of this budget amendment. INFORMATION SUMMARY The City was awarded a grant in the amount of $24,361 from the Local Law Enforcement Block Grant Program, Department of Justice. The City Council voted to accept the grant and authorized expenditure of the grant funds at the October 8, 2003 City Council meeting. This action, however, did not include amending the FY 2002-03 Budget. This action would increase appropriations giving the department budget authority to spend the funds. The funds were used to purchase 5 automated external defibrillators, a laptop computer for the Municipal Court, a software program called LEDS (Law Enforcement Data System) which will allow the police department to continue in the Oregon Law Enforcement Data System, a training program directed at high school drivers called CRASH which uses automobile crashes as a basis for teaching physics, math, drivers education and other high school courses, and money for middle school and after school programs. Under Oregon Budget Law, it is not possible to recognize revenues from general purpose grants (such as the Local Law Enforcement Block Grant) without a supplemental budget. Supplemental budgets take several weeks to process, and there is not sufficient time in the fiscal year to do so. It is therefore necessary to amend the budget by transferring appropriations from contingency to cover the grant expenditures. The City will still receive the grant revenues, which will offset the draw on contingency. OTHER ALTERNATIVES CONSIDERED Do not approve this budget amendment; maintain the current FY 2002-03 budget. This would prevent the City from appropriating and using the rant funds this fiscal year. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY ATTACHMENT LIST Resolution approving the budget amendment Attachment A to the resolution FISCAL NOTES This amendment transfers $24,361 from the General Fund Contingency to the Police Department budget. AGENDA ITEM # 3 - FOR AGENDA OF June 24, 2003 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY FEES Y 2002- ISSUE/AGENDA TITLE A RESOLUTION APPROVING A ONS FOR FUNDIN G AMENDMENT #7 TO THE 03 ADOPTED BUDGET TO INCREASE Ar, R ^n DEPT HEAD OK C- CITY MGR OK ~ a V l v I'~I PREPARED BY: Tom Irndieke ISSUE BEFORE THE COUNCIL Should the City Council amend the FY 2002-03 budget to increase appropriations to fund unanticipated attorney fees. STAFF RECOMMENDATION Staff recommends approval of this budget amendment. INFORMATION SUMMARY This amendment to the attorney budget is necessary due to the unanticipated labor relation issues which arose during this fiscal year and which the City Council has been briefed on at previous Executive Sessions. OTHER ALTERNATIVES CONSIDERED None considered, insufficient appropriations available. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY N/A ATTACHMENT LIST Resolution with Attachment A approving the amendment. FISCAL NOTES This amendment transfers $25,000 from the Central Services Fund Contingency to the City Attorney budget. AGENDA ITEM # t5 FOR AGENDA OF June 24 2003_ CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Intergovernmental Agreement between the City of Tigard and Washington County for the Coun to rovide Engineering and Ri hts-of-Wa Acquisition Services for the Greenburg Road Protect d_ CITY MGR OK X01 PREPARED BY: G. Berry DEPT HEAD OK ISSUE BEFORE THE COUNCIL Should City Council approve the attached Intergovernmental Agreement with Washington County authorizing the County to provide Engineering and Rights-of-Way Acquisition Services for Greenburg Road? STAFF RECOMMENDATION That City Council, by motion, approve the proposed Intergovernmental Agreement with Washington County. INFORMATION SUMMARY This project would improve Greenburg Road from Washington Square Drive to Tiedeman Avenue. The bulk of the work will be to widen Greenburg Road between the Highway 217 overcrossing and Tiedeman Avenue to five lanes. The completed improvements would enhance movement into and out of the Washington Square Regional Center. The proposed agreement authorizes Washington County to design the project and acquire additional right-of-way to accommodate the improvements. This will allow construction to proceed once construction funding becomes available. OTHER ALTERNATIVES CONSIDERED None VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY The Greenburg Road project meets the Tigard Beyond Tomorrow goals of "Improve Traffic Flow" and "Improve Traffic Safety." ATTACHMENT LIST Proposed Intergovernmental Agreement Site Map FISCAL NOTES Funding is through the Priorities 2000 & 2002 MTIP funds of $660,000 with the City of Tigard providing $85,000 in matching funds for a total of $745,000. Funding for construction has been submitted under the MTIP Priorities 2004 - 2007 project selection process. MENG120 0 3-20 0 4 FY c1P\(,REENBUP.GWS for IGA 6-24-03.d- City Council Document Transmittal To: Q)-~.4 - From: ao_~ T a Date: _I - as 03 I'm sending you: Document Type: pr/1GA ❑ Contract ❑ Other 24ail- : I CITY OF TIGARD OREGON Co i --t o"J_w" I' Document Name: = GCP- 0- 0 LAAq - 1AD&A; .03 Approved at the Council Meeting of: Number Copies Included: C2- g our document(s) have been signed by the Mayor []Your document(s) have been signed by the City Manager (our document(s) requires an additional signatus document with When all signatures have been obtained, file an original City of Tigard Records []Additional instructions: - 1:1NDMACITY COUNCIOCITY COUNCIL DOCUMENT TRANSMITTAL.DOC INTERGOVERNMENT AGREEMENT BETWEE=N: Washington County and City of Tigard FOR ROADWAY IMPROVEMENTS TO: Greenburg Road - Washington Square Drive to Tiedeman Avenue THIS AGREEMENT is entered into between Washington County, a political subdivision of the State of Oregon, acting by and through its elected officials, hereinafter referred to as "COUNTY"; and the City of Tigard, a municipal corporation, acting by and through its City Council, hereinafter referred to as "CITY". RECITALS County and City have determined that design of roadway improvements to Greenburg Road from Washington Square Drive to Tiedeman Avenue (Project) should be undertaken. These improvements include: Widening of Greenburg Road from Shady Lane to Tiedeman Avenue to 5 lanes facility with bike lanes and sidewalks on both sides. Reconstruct the street as necessary for proper vertical alignment. Modify the signal systems at Cascade Boulevard and Tiedeman Avenue to conform to the widened roadway. Modify signing north of Shady Lane to Washington Square Drive to match the existing street to the newly widened roadway. Construct appropriate transitions at the approaches south and west of the Tiedeman intersection. Extend an existing bridge in that segment of Greenburg to allow for the expanded roadway. 2. City has agreed to fund the design, preparation of bid document and acquisition of right- of-way for the PROJECT and to seek funding for construction. Bids for constructing the PROJECT will not be requested until funding for the construction is available. The purpose of this agreement is to prepare bid documents for which bids could be promptly requested once funding for construction is available. 3. ORS 190.003 -190.010 authorizes agencies to enter into intergovernmental agreements for the performance of any or all functions and activities that a party to the agreement has the authority to perform. 4. It is the mutual desire of the COUNTY and CITY to enter into such an agreement for design of the PROJECT, with the allocation of responsibilities as detailed below. AGREEMENT NOW, THEREFORE, the parties hereto agree as follows: 1. COUNTY OBLIGATIONS 1.1 Upon execution of this Agreement, County shall assign a Project Manager to be responsible for coordination of the Project with the City. 1.2 County shall be responsible for the following elements of the Project: Project Management Planning and Public Involvement Preliminary Design Land Use Approval and Permitting Right-of-Way Acquisition o Final Design 1.3 County shall design the Project to City standards, except as otherwise agreed in writing by the County Engineer and City Engineer. County shall provide the City with at least ten (10) workdays to review the preliminary design documents at 50% and 90% plans, and five (5) additional workdays to review plans and specifications at 100% design completion. Submittal at 100% design completion shall also include electronic copy of the design that is prepared in a format consistent with the versions of AutoCAD 2002 and Microsoft Word 2002. The Bid documents shall also be in conformance to City's format. Any objection of the City to preliminary or final plans and specifications shall be resolved through consultation between the County Engineer and the City Engineer. 1.4 County shall establish a unique project number and compile accurate cost accounting records, which shall be available for examination by the City upon reasonable notice. 2. CITY OBLIGATIONS 2.1 Upon execution of this Agreement, City shall assign a project manager to be responsible for coordination of the Project with the County. 2.2 City shall review and comment on submittals within the time frames established in paragraph 1.3 of this Agreement. Failure to do so constitutes approval. 2.3 City shall review the Project bid results furnished by the County and notify the County within one working day of any concerns. 2 3. COMPENSATION 3.1 City shall be responsible for the total design and right-of-way acquisition costs, estimated at $745,000. Costs shall include, but are not limited to, engineering consultant services, facilitating neighborhood meetings, all land acquisition costs including land purchase, obtaining DSL/Corps, Sensitive Land and ODOT permits and administrative costs in accordance with Office of Management and Budget Circular A-87. 3.2 Notwithstanding the estimate of cost above, City shall reimburse County for the actual amount of the costs incurred for Project work, provided that the actual cost does not exceed the total estimated cost of $745,000. If the Project costs exceed $745,000, reimbursement of that cost will be renegotiated by City and County and allocated in an amendment to this Agreement. 3.3 County shall, at least once each calendar quarter, prepare and submit invoices to the City in sufficient detail and in a form acceptable to the City. County shall, within 90 days after completion and acceptance of the Project, prepare and submit a final statement of expenditures to the City. 3.4 City shall pay County for Project costs within thirty (30) days after receipt of County billing. 4. GENERAL PROVISIONS 4.1 LAWS OF OREGON The parties agree to abide by all applicable laws and regulations regarding the handling and expenditure of public funds. This Agreement shall be construed and enforced in accordance with the laws of the State of Oregon. All relevant provisions required by ORS Chapter 279 to be included in public contracts are hereby incorporated and made a part of this Agreement as if fully set forth herein. 4.2 DEFAULT Time is of the essence in the performance of this Agreement. Either party shall be deemed to be in default if it fails to comply with any provision of this Agreement. The non-defaulting party shall provide the other party with written notice of default and allow thirty (30) days within which to cure the defect. City shall pay County for costs incurred for satisfactorily completed and authorized work up to the time of default, if any. 4.3 INDEMNIFICATION This Agreement is for the benefit of the parties only. Each party agrees to indemnify and hold harmless the other party and its officers, employees, and agents, from and against all claims, demands and causes of actions and suits of 3 any kind or nature for personal injury, death or damage to property on account of or rising out of services performed, the omission of services or in any way resulting from the negligent or wrongful acts or omissions of the indemnifying party and its officers, employees, and agents. To the extent applicable, the above indemnification is subject to and shall not exceed the limits of liability of the Oregon Tort Claims Act (ORS 30.260 through 30.300). In addition, each party shall be solely responsible for any contract claims, delay damages or similar items arising from or caused by the action or inaction of the party under this Agreement. 4.4 MODIFICATION OF AGREEMENT No waiver, consent, modification or change of terms of this Agreement shall be binding unless in writing and signed by both parties. 4.5 DISPUTE RESOLUTION The parties shall attempt to informally resolve any dispute concerning any party's performance or decisions under this Agreement, or regarding the terms, conditions or meaning of this Agreement. A neutral third party may be used if the parties agree to facilitate these negotiations. In the event of an impasse in the resolution of any dispute, the issue shall be submitted to the governing bodies of both parties for a recommendation or resolution. 4.6 SEVERABILITY If any one or more of the provisions contained in this Agreement is invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions of the Agreement will not be affected or impaired in any way. 4.7 INTEGRATION This Agreement is the entire agreement of the parties on its subject and supersedes any prior discussions or agreements regarding the same subject. 5. TERM OF AGREEMENT 5.1 The term of the Agreement shall be from the date of execution until the completion of the project, but not to exceed four (4) years. 5.2 This Agreement may be amended or extended for periods of up to one (1) year by mutual consent of the parties. It may be canceled or terminated for any reason by either party. Termination or cancellation shall be effective 30 days after written notice to the other party, or at such time as the parties may otherwise agree. The parties shall, in good faith, agree to such reasonable provisions for winding up the Project and paying for costs incurred as are necessary. 4 IN WITNESS WHEREOF, the parties hereto have set their hands as of the day and year hereinafter written. DONE AND DATED this day of 2003. CITY OF TIGARD, OREGON +ao Date: Attest: Cit Recorder Y Date: a4 ` D 3 WASHINGTON COUNTY, OREGON Chair Board of County Commissioners Date: Recording Secretary Date: APPROVED AS TO FORM: Loretta S. Skurdahl Senior Assistant County Counsel 5 a a _J m W J a~ v c a~ Q Z v w E :2 a) w -v > a~ O j- Orf o- O g .i- -v D v Q O O a~ ~ v D 3 m °z~ LLJ w O cy- = C) C)) c 'N v K0~ P NoRIN pP 1`\r \v S~ ~8ngN3380 CL Q N I- ~ - Z Z U_ C k Sx. AGENDA ITEM # FOR AGENDA OF June 24, 2003 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Discussion with State Senator Ginny Burdick and State Representative Max YY 1111GU++u _ - A PREPARED BY: Greer Gaston DEPT HEAD OK G ISSUE BEFORE THE COUNCIL J MGR OK G i-Z, Uk A discussion with State Senator Ginny Burdick and State Representative Max Williams on issues of interest to Council. STAFF RECOMMENDATION Identify issues of interest or concern for Senator Burdick and Representative Williams. INFORMATION SUMMARY The Legislative Assembly convened on January 13, 2003. As long as the Assembly is in session, Senator Burdick and Representative Williams will meet with Council on the 41h Tuesday of each month during the Council business meeting to update Council on legislative activities. A memo from staff summarizing legislative issues of interest will be distributed with the Council mail on Friday, June 20. OTHER ALTERNATIVES CONSIDERED None. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY Communication Goal #l, Action Committee Strategy: "Encourage public participation through accessibility and education." FISCAL NOTES None. /sc c~ ss, `vr~ (,u l ~P c~r.s MEMORANDUM TO: Honorable Mayor & City Council FROM: Liz Newton, Assistant to the City Manager DATE: June 20, 2003 RE: Status of Legislative Issues In preparation for your discussion with Senator Burdick and Representative Williams at the June 24 Council Meeting, department directors have prepared updates on legislation they have been tracking. Many of the bills were discussed in the May 23, 2003, status memo distributed to Council. Copies of the summaries are attached. This memo briefly summaries the legislation that is still under consideration and, if it's a new legislation, the city's position and impact on the city if the legislation is adopted. LABOR ISSUES SB 444, 445 and 446: These three bills that relate to collective bargaining were stuffed into HB 2237. HB 2237: This bill addresses the disclosure of public safety officer photographs by the Department of Public Safety Standards and Training (DPSST), records to be provided to DPSST, and DPSST actions after lapse, suspension, revocation or surrender of a public safety officer or instructor certification. These issues are of much less significance than the senate bills which have been incorporated into HB 2237. Those bills will have a negative impact on the cost and management of public safety employees. According to the LOC, HB 2237 is to be up for a vote in the next few days. The Senate's action to incorporate SB 444, 445 and 446 into HB 2237 is apparently a way to circumvent the House Committee process. If HB 2237 passes the Senate, it will be sent to the House. If the House concurs by a majority vote, then the bill passes. If not, a conference committee may be appointed. Human Resources Manager, Sandy Zodrow sent an email to Senator Burdick on June 13 urging her to oppose HB 2237 because it contains SB 444, 445 and 446. ENGINEERING ISSUES SB 585 (Street User Fees) and SB 881 (Local Gas Tax) No changes to the status of these bills. HB 2041-A-2003 Oregon Transportation Investment Act (OTIA III) This new bill provides for local maintenance and preservation of streets. It addresses critical roads and bridges, provides funding for projects of state-wide significance, and includes funding for municipalities to use in addressing street maintenance backlogs. The city strongly supports this bill because it would provide urgency needed funding to help address our street maintenance backlog of over $4 million. The League of Oregon Cities issued a legislative alert on this bill (attached.) Also, attached is a letter signed by the Mayor to Representative Williams urging his support of the bill. PLANNING AND BUILDING ISSUES SB 378 (cap on land use appeals) A Judiciary Committee hearing was held, the work session was cancelled. HB 2689 (Urban Growth Boundary Elimination) A water and land use committee public hearing was held. The June 11 work session was cancelled. HB 2595 (Affordable Housing) This bill was referred to the Revenue Committee. No action has been taken to date. It is expected to die in committee. HB 2906 (SDC Methodology) The third reading was on May 8, 2003. The bill has been referred to the Labor and Consumer Affairs Committee. LIBRARY ISSUES HB 3101 and SB 656 (Internet Filters) No change to the status of these bills since the May report. FINANCE ISSUES HB 2267 (Statewide 1 % Hotel/Motel Tax Pre-empts Local Taxes) This bill is still in committee. The Governor supports the 1 % statewide tax, but his position on local pre-emption is unclear. The lodging industry is shopping the Dash-6 amendments which include a local pre-emption. Representative Williams opposes a local pre-emption. STATE BUDGET DISCUSSIONS The Finance Department is monitoring the state budget discussion for possible impacts on the City of Tigard. I:WDM\STATUS OF LEGISLATIVE ISSUES.DOC June 20, 2003 TO: Liz Newton, Assistant to the City Manager CITY OF TIGARD fON / FROM: Sandy Zodrow, Human Resources Director OREGON RE: Legislative Update All of the major PERS bills we were tracking previously have been signed into law by the Governor. The remaining bills relate to collective bargaining and they are specifically SB 444, 445, and 446 which were "stuffed" into HB 2237. A thorough description of those senate bills was discussed in my previous legislative update memo and is enclosed for your information. HB 2237 is a bill that addresses the disclosure of public safety officer photographs by the Department of Public Safety Standards and Training (DPSST), records to be provided to DPSST, and DPSST actions after lapse, suspension, revocation or surrender of a public safety officer or instructor certification. These issues are of much lesser significance than the senate bills which have been incorporated into HB 2237. Those bills will negatively affect the cost and management of public safety employees. The last update we have received is that HB 2237 was to be up for a vote in the Senate sometime in the next few days. According to LOC, the Senate's action to incorporate these bills into HB 2237 is a way to circumvent the House committee process. If HB 2237 passes the Senate, it will be sent to the House. If the House concurs by a majority vote, then the bill passes. If not, a conference committee may be appointed. Please let me know if you need any further information. 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772 May 20, 2003 TO: William A. Monahan, City Manager FROM: Sandy Zodrow, Human Resources Director RE: Update on Current Legislation The following represents a status summary of those collective bargaining and PERS related bills which we have been tracking: HR 2001: cap on PERS earnings Governor Kulongoski has signed this House Bill into law. The bill provided an 8 percent annual cap on earnings for a Tier one member's regular account until the deficit account has been eliminated and the reserve account has been fully funded in each of the three immediately preceding calendar years. HR 2003: multiple elements House Bill 2003, which the Governor has signed into law, has several components: a) It will eliminate the 6% member contribution to the member's PERS retirement account. The money will go into a transition account. Employers will be mandated to continue to pick up the 6 percent member contribution for two years if they currently pay the contribution. After two years, the member contribution will continue but employees will bargain with employers regarding who will pay the contribution. b) Halts the 8 percent annual crediting to Tier One member accounts until the deficit account is eliminated. c) Ensures that a lifetime average of the assumed rate (currently 8 percent) will be credited to the member's PERS account at retirement. d) Temporarily removes future cost of living allowance (COLA) increases for members who retired between April 1, 2000 and April 1, 2004 under the Money Match calculation. PERS will recalculate the member retirement benefit based on a lower crediting amount for 1999 (11.33 percent vs 20 percent). Once the frozen benefit adjusts to the lower crediting level, COLA payments would begin again. HB 2004: Updates PERS mortality tables Governor Kulongoski has signed House Bill 2004C into law with an effective date of July 1, 2003. This bill updates mortality tables used to calculate monthly pension payments for PERS participants. HB 2005: PE ZS Board House Bill 2005 was signed into law by the Governor, and contains the following sections: a) It reduces the PERS Board from 12 to 5 members b) Provides that the Governor appoint five Board members to begin terms on September 1, 2003 c) Stipulates that one Board member must be a state employee in a management position (when appointed and throughout the term of appointment) or a person who holds an elective office (by election or appointment) in the governing body of a participating public employer other than the state. One member must be a public employee. Three Board members must be from the private sector with no interest in the benefits provided by PERS. d) Staggers the length of terms for Board members. SB 444• Changes interest arbitration factors SB 444 changes the factors considered in interest arbitration. This proposed legislation favors unions by revising the definition of "comparable communities" used in arbitration to eliminate the requirement that comparisons be made only to cities of similar size. This will roll back some of the achievements employers obtained in the passage of SB 750 back in 1995. This bill also would elevate public safety services above all other local service considerations as it relates to interest arbitrations. It would strengthen the position of public safety bargaining units at the expense of other city services. A hearing was held May 19 before a House Committee, and the matter remains undecided at this time. SB 445: Expands covered positions SB 445 would expand the composition of police and fire bargaining units to include any supervisory employee that does not have the authority to exercise economic discipline (Le suspension, demotion, termination). Even the Police Chief could potentially be included in a bargaining unit! Current law excludes supervisory positions due to their ability to hire, adjust grievances, discipline and other factors. This proposal radically changes the content of public safety bargaining units. A hearing was held May 19 before a House Committee, and the matter remains undecided at this time. SB 446: Staffing levels subject to negotiations SB 446 would require employers to bargain over staffing levels that have a "potential' impact on the on-the-job safety for police and firefighter unions. This bill would subject the matter of staffing levels and workload issues to a third party arbitrator to determine in the event binding arbitration is pursued. This would take considerable economic and service decision making out of the hands of local government. Both SB 445 and SB 446 would significantly undo the gains employers made with the passage of SB 750 in 1995. A hearing was held May 19 before a House Committee, and the matter remains undecided at this time. CITY OF TIGARD Engineering Department Shaping A Better Community MEMORANDUM CITY OF TIGARD 13125 SW Hall Blvd. Tigard, OR 97223 Phone 503-639-4171 Fax: 503-624-0752 TO: Liz Newton Assistant to the City Manager FROM: Gus Duenas 4_.-" City Engineer DATE: June 20, 2003 SUBJECT: Update on Current Legislation There have been no changes in status for the Senate bills SB 585 and SB 881 reported to you on May 21, 2003. However, there is a new bill, HB 2041-A, known as the 2003 Oregon Transportation Investment Act (OTIA III) which is proposed to generate $2.5 billion into the economy for the next 10 years. A major component of the funding is bridge repair and replacement. However, there will be funding allocated for maintenance work on streets in the various counties and cities in Oregon. The following is the report on this bill: HB 2041-A - 2003 Oregon Transportation Investment Act (OTIA III) This bill provides funding for local maintenance and preservation of streets. It addresses critical roads and bridges, provides funding for projects of state-wide significance, and includes funding for municipalities to use in addressing street maintenance backlogs. City's Position: The City strongly supports this bill. The League of Oregon Cities also strongly supports the bill. Bill Status: The bill was reported out of the House Revenue Committee on June 13, 2003 and could be on the House floor by next week. The League of Oregon Cities highly recommends that local jurisdictions send a letter of support to their State representatives as soon as possible. I will prepare a letter today for the Mayor's signature, directed to Representative Max Williams, urging support for the bill when it comes up for a vote in the House of Representatives. c: Liz Newton IAEng\Gus\Memorandums\Current Legislation Update 6-20-03.doc Current Legislation Update Page 2 of 2 To: Tigard From: League of Oregon Cities 06/19/03 05:29 FM 01/01 U tl U~ tl U a RZEM 'FO: City officials ISSUE: HR 2041, 2003 Oregon Transportation Investment Act (OTiA III) BACKGROUND: • The 2003 Transportation Investment Act (OTTA TTT) represents the largest transportation investment in Oregon's history. • OTIA III will infuse $2.5 billion into the econorny over the next 10 ,years, creating an estimated 5000jobs. • OTIA III is the most significant investnncsnt in•job creation and econnonnie stimulus the Legislature will make this session. • It is the first funding for local maintenance and preservation in over a decade. • Tn addition to dollars fir critical roads and bridges, cities will benefit l1rorn modernization projects including finding for projects of stale-wide siguiiicance and the development of industrial sites. • It is anticipated that. the new revenue will represent a $7-$S per capita increase for cities. • The local projects generated by this revenue will be the th-st on the ground providing for Immediate job creation and economic stimulans. • '1'lncrc is an identified bridge repair and replacement aced of $4.7 billion and an annual $500 million backlog of road and bridge preservation projects on the state, county and city system. • 'llnc package will go a long way toward beginning to addressing critical transportation needs across the state. ACTION: • IIB 2041 Is expected to be on the House !lour Monday, June 23. • Contact your State Representative; and uree ayes vote on HB 2041. FOR MURK INN'ORMA'HON CON'I'A(`I': Andrea Hogue-(503)598-0550 June 20, 2003 OREGON The Honorable Max Williams State Representative, District 9 Oregon House of Representatives 900 Court St. NE H-276 Salem, Oregon 97301 Dear Representative Williams: The City of Tigard strongly supports passage of HB 2041-A. This bill, known as the 2003 Oregon Transportation Investment Act (OTIA III), will provide $2.5 billion in funding over the next 10 years to address critical roads and bridges, construct road modernization projects of statewide significance, and provide much-needed dollars for county and city street reconstruction and preservation projects. Tigard has a street maintenance backlog of over $4 million. That backlog includes some major road reconstruction projects. Passage of the bill will provide a significant boost to Oregon's economy and will be a major first step in addressing the critical transportation needs across the entire state. We urgently need the funding that this bill can provide, if passed. It is our understanding that the bill has already been reported out of the House Revenue Committee and could be on the House floor as early as next week. We strongly urge that you vote in favor of this bill when it comes up for a vote in the House of Representatives. Sincerely, JAMES E. FFITH Mayor c: Tigard City Councilors William A. Monahan, City Manager Liz Newton, Assistant to the City Manager [..\Bng\Gus\Utters\[.etter to Representative Williams Supporting HB 2041.doc 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772 M" alum CITY OF TIGARD Community Development Shaping A Better Community MEMORANDUM CITY OF TIGARD TO: Bill Monahan FROM: Jim Hendryx DATE: June 20, 2003 SUBJECT: Update on Current Legislation Following are summaries of current legislative bills and CD comments: SB 378 - sets cap on land use appeals This bill sets a statewide cap of $250 for land use appeals and requires local governments to refund or reimburse appeal fees and transcript costs incurred by person who successfully appeals local land use decision. Comments: The state statue also limits the appeal fee to $250 for an appeal if there hasn't been a local hearing. The problem with doing it with all appeals is that it could encourage frivolous appeals on many cases, unduly delaying and slowing the development process for legitimate approvals by NIMBYS. The problem for local government in times of financial problems is that the cost of processing these appeals runs into the $1,000's of dollars in costs that cannot be recovered. It puts a bigger burden on the tax payer to pay the bill in the long run. The City should oppose this bill through LOC affiliated groups, such as the Oregon City Planning Directors Association (OCPDA). OCPDA will decide whether to take an official position on this bill at its 4125103 meeting and then proceed with testimony, etc. As of 519103: Oregon City Planning Directors Association did not take a position on this specific bill. We continue to oppose this bill. Staff will follow this bill and decide how to proceed. As of 6117103: Judiciary hearing held, 6111103 work session cancelled. HQ 2689 - Urban Growth Boundary Elimination Act of 2003 Authorizes counties to designate rural development zones without adopting exceptions to statewide planning goals relating to urbanization or to public facilities and services. Establishes criteria for rural economic planning in rural development zones. Comments: This bill would allow urban development outside the UGB. It would allow urban levels of development on over 50,000 acres of rural "exception" lands. This could cost taxpayers money to service that development with new infrastructure and could hurt farmers and foresters. The Governor's office does not support this bill and will most likely veto it. The City should oppose this bill through LOC affiliated groups, such as the Oregon City Planning Directors Association (OCPDA). OCPDA will decide whether to take an official position on this bill at its 4125103 meeting and then proceed with testimony, etc. As of 519103: Oregon City Planning Directors Association did not take a position on this specific bill. Staff will follow this bill and decide how to proceed. The bill appears to have extensive opposition. The City has not taken an official position on this bill. As of 6117103: Water and Land Use Committee public hearing held; 6111103 work session cancelled. HB 2595 - Affordable Housing Repeals prohibition on real estate transfer taxes. Would allow local governments to implement a real estate transfer tax to fund affordable housing. Comments: The City should oppose this bill through LOC affiliated groups, such as the Oregon City Planning Directors Association (OCPDA). OCPDA will decide whether to take an official position on this bill at its 4125103 meeting and then proceed with testimony, etc. Referred to Revenue. As of 519103: Oregon City Planning Directors Association did not take a position on this specific bill. Staff will follow this bill and decide how to proceed. As of 6117103: Referred to Revenue Committee; no action taken to date. HB 2906 Requires that methodology for establishing improvement fees promote objective of future system users contributing no more than equitable share to cost of existing facilities. Extends time to file legal action challenging methodology for calculating system development charge from 60 days to (yet to be determined) days. Comments: This bill is being sponsored by Max Williams at the request of Oregonians in Action. On April 25th, the City sent a letter to Max Williams and Ginny Burdick expressing opposition to this bill (attached). On May 9th, Max Williams sent a letter in response (also attached). The bill was referred back to Committee and Rep. Williams does not expect it to come to the floor again this session. As of 6/17/03: Third reading on 518103; referred to Labor and Consumer Affairs Committee. Following is a list of bills put together by the Oregon Building Officials Association (OBOA). Gary Lampella is on the OBOA Legislative Committee and closely monitors proposed legislation that could affect the Building Division and the City of Tigard. His specific comments are noted in bold type. As of 6120103: No changes from last update of 519103. 2003 Oregon Legislative Session Oregon Building Officials Association Bills List OBOA Most Recent Bill # Title Position Action Priority HB 2009 Establishes legislative task force to conduct review of Monitor 4-2 (H) Public Hearing held. current laws, statutes and rules and to develop plan for Low implementation of streamlined permitting process to promote economic development in Oregon. HB 2010 Directs Economic and Community Development Department Neutral 4-2 (H) Public Hearing held. to designate sites for industrial development. Low HB 2232 Authorizes Construction Contractors Board to establish standards of practice and professional conduct for home Monitor Low 1-20 (H) Referred to Business, Labor and Consumer Affairs with subsequent inspectors. referral to Ways and Means. HB 2249 -A Authorizes State Fire Marshal to charge fees for maintenance Monitor 3-10 (H) Recommendation: Do pass with and regulation of structural fire safety features in certain Low amendments, be printed A-Engrossed, structures and places. and be referred to Ways and Means by prior reference. Referred to Ways and Means by prior reference. HB 2389 -A Establishes notice of condition procedure as prerequisite to Monitor 3-24 (S) Referred to Business and compelling arbitration or commencing court action to Low Labor. recover damages for residential cons HB 2439 Allows adoption of rule reducing minimum required spacing Monitor d 3-5 (S) Referred to Business and Labor. for manufactured dwellings separated by fire-resistive wall. ium Me HB 2440 Allows person installing manufactured structure to hire Neutral 2-19 (H) Public Hearing held. licensed private inspector to conduct manufactured structure Medium installation inspection in munici HB 2447 Requires certain building code professionals to wear visible Monitor 2-24 (H) Public Hearing held. I identification when providing professional services. Medium HB 2524 Allows private individuals authorized by Department of Monitor 2-5 (11) Referred to Business, Labor and Consumer and Business Services to request proof of Low Consumer Affairs. credentials by persons engaged in trade activities regulated under state building code. j HB 2~ 525 Transfers administration of mechanical code portion of state Oppose 1-5 (H) Referred to Business, Labor and building code to Board of Boiler Rules. High Consumer Affairs with subsequent The Oregon Building Officials Association (OBOA) referral to Ways and Means. opposes this bill and the Building Division's position is the same. The Board of Boilers is not the appropriate board and the mechanical code should stay with the Structures Board. _`J OBOA Most Recent Bill # Title Position Priority Action HB 2527 Provides for amendment of One and Two Family Dwelling Monitor di 2-5 (H) Referred to Business, Labor and equent sumer C sub Code to require fire sprinkler system in new one or two um Me on s erral to Ways and ref family dwelling. This bill appears to be not going forward. The City should oppose this bill based on the additional cost to a reatly affected if ld be i g ng wou home. Affordable hous HB 2528 tills hill passed. Creates tax credit for cost of purchase and installation of Monitor 2-5 (H) Referred to Business, Labor and automatic fire sprinkler system in new or existing one- or Low Consumer Affairs with subsequent two-family dwelling served by municipal or district water referral to Revenue. system or community water supply system. Creates a State tax credit for persons installing sprinkler systems In new or existing 1 & 2 family dwellings connected to a community water supply system. This bill would encourage the Installation of sprinkler systems on 116 2529 a voluntary basis. City should support. Eliminates requirement that State Plumbing Board establish certificate for persons installing ll i bi l Oppose Medium 2-5 (H) Referred to Business, Labor an Consumer Affairs with subsequent y a ng spec um limited p referral to Ways and Means. B 2564 -A or replacing water heaters. Contractor or business owner, with 2 or, mare licenses or certs regulated by slate building code may replace licenses &certs Neutral Low 3-27 (S) Referred to Business and Labor. HB 2677 with single license Reconfigures membership of Building Codes Structures Board Support Low 2-21 (H) Referred to Business, Labor and Consumer Affairs with subsequent . referral to Ways and Means d HB 2708 Transfers duties, functions and powers relating to building Oppose 2-25 (H) Referred to Business, Labor an and structural codes from Department of Consumer and High Consumer Affairs with subsequent Business Services to Bureau of Labor and Industries. referral to Ways and Means This bill appears to be a dead issue. Transferring building codes to this department could compromise the proposed adoption of the international Building Code, which is the preferred code by Oregon Building Officials Association. City should oppose tills bill. 'HB 2712 Requires municipality administering and enforcing building inspection program to provide building permit issuance services at local location for specified number of hours each Oppose High 2-25 (H) Referred to Business, Labor and Consumer Affairs with subsequent referral to Ways and Means week. Oppose. Not a problem for the city of Tigard but large counties would not be able to fund multiple offices. 1-113 2714 Expands definition of electrical installations for purposes of j0ppose 3-5 (H) Public Hearing held. HB 2715 Electrical Safety Law. Authorizes Chief Electrical Inspector to oversee administration of electrical inspector certification and Oppose Low 2-25 (H) Referred to Business, Labor and Consumer Affairs with subsequent electrical inspection programs of Department of Consumer referral to Ways and Means and Business Services, HB 2717 _ Prohibits installing electrical product that is not certified or Oppose 2-25 (H) Referred to Business, Labor and does not meet minimum safety standards. - Low Consumer Affairs. 1-113 2r J . 7191 Eliminates license exemption for electrical installations on ert b if ' Monitor Low 2-25 (H) Referred to Business, Labor and Consumer Affairs. y prop er s family mem property of installer or installer Bill # HB 3039 HB 3043 HB 3063 HB 3086 HB 3117 HB 3141 HB 3142 1.....11...,--_ HB 3147 HB 3148 MB 3149i~ HB 3155 Title OBOA Position Priority Most Recent Action is intended for public, commercial or industrial use. uirements for issuance of electrical permit to es re Chan Support 3 (H) Referred to Business, Labor and r q g I Low Consia Affairs. mer electrical contractor or agent of contractor. Eliminates surcharge imposed on building permit fees and Oppose 3-17 (H) Referred to Business, Labor and hourly charges to finance training and educational programs. hi 1% High Consumer referral to WAffairs and with subsequent referral s Oppose. OBOA and other organizations rely on t funding to subsidize training for inspectors and code officials. This would decrease the amount of training for f certified individuals. 1 Exempts equine facilities from state structural code. Oppose Low 4-2 (H) Public Hearing and Work j Session held. Requires Director of Department of Consumer and Business Oppose 3-17 (H) Referred to Business, Labor and Services to inspect records and service levels provided by High Consumer Affairs with subsequent municipalities administering and enforcing building referral to Ways and Means. inspection programs. Although this bill appears to be not going forward, the City should oppose. This would basically require the standard Program Review for building inspection programs to occur every 2 years as opposed to every four. The state Building Codes Division cannot keep up ~ with the current four year process. Requires person engaged in trade of installing or repairing Oppose - 3-18 (H) Referred to Business, Labor andl residential hearth appliances to be licensed by Building Low Consumer Affairs. Codes Structures Board. Authorizes Department of Consumer and Business Services and municipalities administering building inspection programs to perform plan review, inspection and other state _ Oppose High 3-17 (H) Referred to Business, Labor and Consumer Affairs with subsequent referral to Ways and Means. building code services for structure located in any jurisdiction of state. This bill appears to be dead. Oppose if it reappears. f se O 3-17 (H) Referred to Business, Labor and Gives Electrical and Elevator Board control over content o ppo One and Two Family Dwelling Code provisions governing High Consumer to Ways and with subsequent referral electrical installations. This bill appears to be dead. Oppose if it reappears. Requires Department of Consumer and Business Services to Oppose 3-17 (H) Referred to Business, Labor and develop website for receiving building plans for plan review High Consumer Affairs with subsequent referral to Ways and Means This bill appears to be dead. Oppose if it reappears.. se O _ Labor and 3-17 (H) Referred to Business Allows Department of Consumer and Business Services to ection programs for state l alternative ins i l ppo High , Consumer Affairs with subsequent p a op spec deve building code specialty codes. referral to Ways and Means. This bill appears to be dead. Oppose if it reappears. se O Labor and 3-17 (H) Referred to Business Requires Department of Consumer and Business Services to develop performance inspection program for qualified ppo High , Consumer Affairs with subsequent builders, referral to Ways and Means. This bill appears to be dead. Oppose if it reappears. _ Imposes strict liability on inspector of structure for physical Oppose 3-17 (H) Referred to Judiciary. j injury, death or property damage suffered by possessor as High I result of structure condition that was subject to inspection, did not comply with state building code or specialty code 5 OBOA Most Recent Title Position Action J r ---Bill # Priority and _was This bill appears to be dead. Oppose if it reappears. I Th (H) Referred erred to Business, Labor and f Makes Department of Consumer and Business Services Oppose To A airs. HB 3163 authorization of city or county to administer electrical code High umer subject to approval by Electrical and Elevator Board. Bill has been revised. Will monitor. ---r ort 3-17 (H) Referred to Business, Labor and HB 3172 Makes permits issued under state building code and specialty Me ium Consumer Affairs. y codes valid for two years. public Hearing and Work 1-113 - Authorizes local government to deny building permit for Oppose 4-1 (H) 3375 Hi h Session held. habitable structure in landslide area if geotechnical report g indicates area subject to rapidly moving landslide. The original position of OBOA was based denlanguage It that put the final decision to app deny a permit. was thought that there was extreme liability on the building official for making this decision if site was subsequently found to be buildable and was denied a permit or if allowed to be built upon and land movement occurs. This bill appears to be passing and is our opinion that it could be supported. Oppose 3-31 (H) Public Hearing held. HB 3460 Establishes Residential Structures Board. High Currently the Building Codes Structures Board is responsible for functions relating to the Structural Code, Mechanical Code and 1&2 Family Dwelling Code. This bill would create two more boards that are unnecessary. It would further amend the current 1&2 Family Dwelling Code to include apartment buildings up to three stories. Currently, State certifications are different for 1&2 family dwellings and apartments. A higher level is required for review and inspection of apartments. This would require staff to have additional certifications and/or endorsements. Many smaller building departments do not have adequate funding or staffing to accommodate this. Support if current 1&2 family if certified staff could review and inspect these, oppose not. Transfers administrative oversight of office of State Fire Oppose 3-21 (H) Referred to Business, Labor a, HB 3490 Affi with Marshal from Department of State Police to Bureau of Labor High refenrral to Waysrand Means.quent and Industries. This bill appears to be a dead issue. Transferring building codes to this department could compromise the proposed adoption of the International Building Code, which is the preferred code by Oregon Building Officials Association. City should oppose this bill. HB 3492 - Expands membership of Board of Boiler Rules. Support 3-21 (H) Referred to Business, Labor c Medium Consumer Affairs. H) Referred to Business, Labor i HB 3513 Requires that person installing, maintaining or repairing fire 7Hppighnsru sprinkler system be certified journeyman plumber or mer Affairs with subsequent l to Ways and Means. certified fire sprinkler system installer. se. We do not believe this bill will pass. Fire Oppo sprinklers should not be regulated by the State Plumbing Board. They are required by the building and fire code, Bill # _ Title OBOA Position Most Recent Action Priority _ not the plumbing code. The exception is loop systems design as part of the potable water system, which are regulated by the plumbing code. HB 3553 - Changes exemption for industrial electrical equipment complying with minimum electrical installation safety code Oppose Medium 3-20 (H) Referred to Business, Labor and Consumer Affairs. from electrical product certification procedure. HB 3584 Creates Task Force on Regulatory Reform. 1 4-2 (H) Public Hearing held. ~HB 5059 Authorizes certain new or increased fees adopted by Support 2-17 (H) Public Hearing held. Department of Consumer and Business Services. High Support. Because of decreased State revenues, Building Codes Division is a dedicated fund and relies on fees to support functions and programs. _ Sg 0198 Expands disciplinary authority of Director of Department of Monitor 2-27 (H) Referred to Business, Labor and Consumer and Business Services and building trade advisory Low Consumer Affairs. boards. SB 0 10 Redefines practice of architecture. _ Monitor Low 2-12 (H) Referred to Business, Labor and Consumer Affairs. i 'S B 0343 Transfers authority for certifying persons who inspect water Monitor 4-7 (S) Work Session scheduled. system cross connections and test backflow prevention Low device assemblies from Department of Human Services to Department of Consumer and Business Services. d B %SB 0412 Transfers duties, functions and powers relating to building and structural codes from Department of Consumer and Business Services to Bureau of Labor and Industries. Same as 1I13 2708 - oppose. Oppose High usiness an 2-17 (S) Referred to Labor. SB 0710 Requires Director of Department of Consumer and Business Monitor 4-2 (S) Public Hearing and Possible Services to establish building code administrative regions for Low Work Session scheduled. all areas of state. SB 0711 Requires Department of Consumer and Business Services to Oppose 4-2 (S) Public Hearing and Possible prioritize provisions of state building code. Medium Work Session scheduled. This bill is apparently passing with the 2nd amending. The bill now states that a municipality enforcing a building inspection program ma not require a plan review for 1&2 family dwellings of conventional light frame construction if approved and stamped by a licensed architect or engineer licensed in Oregon. It also relieves the municipality of any liability for any damages arising from the nonperformance of the plan review. I Tigard has very few 1&2 family dwellings built of conventional light frame construction. We will monitor this bill. SB 0712 Authorizes Department of Consumer and Business Services, Monitor 4-2 (S) Public Hearing and Possible notwithstanding existence of local plan review and Low Work Session scheduled. inspection program, to assume responsibility for plan review and inspection of project to determine compliance with state building code if pro SB 0713 Requires Department of Consumer and Business Services to Support 4-2 (S) Public Hearing and Possible I ! establish website providing access to building codes Medium Work Session scheduled. J OBOA Most Recent Bill # Title Position Action Priority information and services for all building code jurisdictions within state SB 0714 . Allows certification for architect and professional engineer Monitor 4.2 (S) Public Hearing and Possible to perform certain plan review and code inspection functions. Medium l Work Session scheduled. 2 (S) Public Hearing and Possible 4 SB 0715 Allows Department of Consumer and Business Services, uest and notwithstanding existence of local plan on re u Neutra High - Work Session scheduled. q p review and inspection program, to assume plan review and inspection for projects vital to economic well-being of state. OBOA's position has changed from opposition to neutral. The bill has been amended address specific sizes of projects and requires a determination by the Director of ? the Economic and Community Development Department in order to qualify for this bill. SB 0753 Requires person installing, maintaining, repairing or Monitor 3-5 (S) Referred to Business and Labor. replacing heating, ventilation, air conditioning or High refrigeration system after 7/1/05 to be certified as HVAC journeyman or be apprenticed to certified HVAC journeyman. This is monitored as high by OBOA but the City could remain neutral. This is an issue with industry. SBSB 08 4242 Prohibits installation of wired glass in certain locations Monitor 3-17 (S) Public Hearing held. unless glass meets impact standards & labeling requirements Low I SB 0831 Exempts person from licensing as specialty code inspector or Support 3-24 (S) Public Hearing heid. plans examiner when performing inspections on behalf of Low state or municipality. MEMORANDUM TO: Bill Monahan, City Manager Liz Newton, Assistant to the City Manager FROM: Craig Prosser'; Finance Director RE: Legislative Items DATE: June 13, 2003 Finance is tracking the following legislative items. HB 2906-A Introduced by Representative Williams at the request of Oregonians in Action. Amendments to the bill would allow anyone charged a Systems Development Charge or traffic Impact Fee to challenge the basic methodology setting the fee at any time the fee is levied, rather than at the initial adoption of the fee or fee increase. City of Tigard Position: Strongly oppose. This bill attempts to overturn court decisions in the Rogers Machinery case and would preclude ever coming to conclusion on SDC (r TIF) methodology. ■ Passed Committee and went to the floor of the house • The House referred this item back to committee, where it is expected to die ■ Rep. Williams still thinks this is a fine idea. HB 2267 Creates statewide 1% Hotel/Motel Tax and Pre-empts any additional local Hotel/Motel Taxes unless dedicated to tourism promotion. City of Tigard Position: Support 1% statewide tax, but strongly oppose local pre-emption ■ Still in committee ■ Governor is supporting 1 % statewide tax, but his position on local pre-emption is unclear. • The Lodging Industry is shopping the "Dash 6" amendments to this bill in an effort to get it moving. "Dash 6" still includes a local pre-emption. Representative Williams still opposes local pre-emption. State Budget Discussions In addition to these bills, Finance is watching the state budget discussions for possible impacts on the City of Tigard. AGENDA ITEM # E FOR AGENDA OF June 24 2003 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY . • ISSUE/AGENDA TITLE Introduction: lieie atiou uum ocu,1- 11 1%444 ~V&VCIY MGR OK PREPARED BY: Elizabeth Ann Newton _ DEPT HEAD OK ` _ ISSUE BEFORE THE COUNCIL Welcome the delegation from Samarinda, Indonesia and a presentation on the status of the partnership program. STAFF RECOMMENDATION Formally welcome the delegation from Samarinda Indonesia and hear a presentation on the status of the partnership program. INFORMATION SUMMARY The City of Tigard has been given a unique opportunity to work in partnership with the City of Samarinda, and County of Kutai, East Kalimantan, Indonesia along with Washington County. This is part of the International Resource Cities program which is funded by the U.S. Agency for International Development (USAID) and implemented by the International City/County Management Association (ICMA). In February, 2002, a delegation from Tigard and Washington County visited Samarinda and the County of Kutai and signed an agreement between the cities and counties and ICMA to develop an improved citizen participation process, create a solid waste recycling program, design and implement a training program in double entry accounting, and prepare a matrix of potential revenue generating programs. In June of 2002, a delegation of seven Indonesians visited Tigard and Washington County and trained with city and county staff in the above areas. In October of 2002, a delegation of six city and county staff members went over to Indonesia to conduct training in the program areas. A delegation of three Samarinda representatives visited Tigard the week of February 8, 2003, to receive further training in the area of citizen participation, drinking water systems and recycling education. On June 18, Rusman Yaqub and Suyitrio arrived to participate in training with the City of Beaverton's Dispute Resolution Center They will attend the June 24th Council meeting to discuss the benefits of the exchange program. OTHER ALTERNATIVES CONSIDERED N/A VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY N/A ATTACHMENT LIST uie FISCAL NOTES The cost of this program is provided by USAID with the City providing some staff time to conduct training. o e V 4- ® 0 e 4- V S e~ ~ i P t A V T 0) 4-- ® r , i'4- V O C vI QA) • o ® o V ~ O V • ® - CL Una I- a~ AGENDA ITEM # FOR AGENDA OF June 24, 2003 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Consider a Resolution Adopting the Master Fees and Charges Schedule Which Replaces Resolution No 02-06 and All Subsequent Amendments to Date. PREPARED BY: Michelle Wareing DEPT HEAD OK CITY MGR OK E vUIW4 ISSUE BEFORE THE COUNCIL Should the City Council approve a resolution to adopt the Master Fees and Charges Schedule? STAFF RECOMMENDATION Staff recommends that Council adopt the resolution. INFORMAtIUN JU1VllVIA-K ( On June 17, 2003, Staff briefed Council about proposed fee changes and the need to update the current Master Fees and Charges Schedule. The Master Fees and Charges Schedule, which contains all citywide fees and charges, was first adopted on January 22, 2002. The purpose of the Schedule is to streamline the review process and minimize the number of resolutions and ordinances relating to fees and charges. Tigard Municipal Code (TMC) 3.32.050 requires that the City Council review fees and charges annually. There are various reasons for the proposed changes. Several of the fees are either adjusted annually by previously approved formulas or set by other agencies. Other fees are no longer adequately recovering the City's cost to provide services. Finally, some fees are related to services and/or permits that the City no longer provides or are redundant within the Schedule. OTHER ALTERNA'11VES UUNJllJr A- iJ Do not adopt the Master Fees and Charges Schedule VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY None ATTACHMENT LIST Resolution Master Fees and Charges Schedule will be provided in the Council newsletter on June 20, 2003. FISCAL NOTES There are no additional costs attached to these changes. AGENDA ITEM FOR AGENDA OF June 24, 2003 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Formation of Sanitqly Sewer Reimbursement District No. 28 SW O'Mara McDonald Streets) (Continuation from June 10, 2003 WIS 'CITY MGR OK L' l w PREPARED BY: G. BeLry DEPT HEAD OK ISSUE BEFORE THE COUNCIL Formation of Sanitary Sewer Reimbursement District No. 28 to construct a sanitary sewer project as part of the Citywide Sewer Extension Program. STAFF RECOMMENDATION Close the public hearing and deny formation of the district. Direct staff to conduct a neighborhood meeting to discuss and answer questions regarding the proposed project. INFORMATION SUMMARY . 28 provide Construction of the improvements in proposed along SW Sanitary Sewer 0 Mara Street and adjacent portions ofoSW Fr•ewing Street, sewer service to thirty-six unserved 1 g throu Edgewood Street, Hill View Court, and McDhe~City woulds inswith tallalpubliceCSewerst oct ea h lo~withinltthe Neighborhood Sewer Extension Program, Reimbursement District and the owners would reimburse the City for a fair share of the cost of the public sewer at tion the time of connection to the sewer. In adion, ceach owner the line would be require to pay a would ber espons ble orcd sconnect ng the ($2,435 after June 30, 2003) before g to existing septic system according to County rules and any other plumbing modifications necessary to connect to the public line. On June 10, 2003, City Council conducted an informational hearing and considered establishing the cost 150 reimbursement district. The submitted .60 per square foot of the owner' s otedThos amou t ~n cuded an that resulted in a cost to each owner of $0 plus a estimated construction cost of $326,490, a 15% contingency added to the estimated construction cost, p 13.5% engineering and administration fee. On June 3, 2003, bids for the construction of the project were opened. The apparent low bid contained errors, was considered non-responsive, and rejection of the bid is recommended. The second lowest bid is $366,664.40 submitted by Kerr Contractors. Staff has reviewed the bid documents and concludes that this bid is responsive and that Kerr Contractors is a responsible bidder. The bid amount is 12.3% higher than the Engineer's Estimate of $326,517. However, the range of bid amounts received on this project indicates that the true project lower bids construction cost probably around Ot, contractors become ofully engaged in con truct onuand tend to bid because as summer work begins in eames higher on projects advertised at that time. The bid by Kerr Contractors has to be either awarded or rejected no later than 45 calendar days after the bid opening (i.e. July 16, 2003), unless the City and Kerr Contractors mutually agree in writing to extend that period. Based on the low responsive bid of $366,664, the expected project cost is $436,970 or $0.62 per square foot of lot served. The project cost is arrived at as before by adding a construction contingency and an engineering and administration fee. However, the construction contingency can now be reduced from 15% to 5% since there is less uncertainty in basing a project cost on the construction cost as bid rather than as estimated. Despite the reduction in construction contingency, the estimated costs based on the actual bid do increase the cost to each of the property owners in comparison to the previous estimate. Reimbursement District No. 29 is in the same situation as No. 28. In addition, there is an upcoming reimbursement district formation proposed for the vicinity of Murdock Street and 100'h Avenue. We intend to conduct a neighborhood meeting for District Nos. 28 and 29 on July 9, 2003. Attached is a letter that will be sent to each resident in the two districts with meeting notice, estimated costs, and an explanation of the Citywide Sewer Extension Program enclosed. The meeting for the proposed district on Murdock Street will be conducted on July 10, 2003. At these meetings, the rationale for the Citywide Sewer Extension Program to provide sewer service to all developed but unserved lots within the City will be discussed. Each of the affected property owners will be provided an opportunity to review the estimated costs and ask questions regarding their proposed districts. For proposed districts 28 and 29, the estimated costs will be based on the bid results received. The proposed district for the Murdock Street area will be based on estimated costs using typical prices on bids received to date. Because of the need to discuss the districts with the affected lot owners, the formation of Reimbursement District No. 28 does not seem advisable at this time. The best course of action appears to be for Council to close the public hearing and decline to form the district. Any action to form the district would be taken only after the neighborhood meeting is conducted and the feedback from the residents is carefully considered prior to any decisions regarding the proposed project. The decision on whether or not to award the current low bid or request a time extension on the bid amount will be made after the neighborhood meeting has been conducted and a decision has been made regarding formation of the district. OTHER ALTERNATIVES CONSIDERED Continue the public hearing and delay the formation of the district until after the neighborhood meeting is conducted and the results are discussed with Council. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY Not applicable. ATTACHMENT LIST Letter to each resident in proposed Reimbursement District No. 28 with attachments: ♦ Notice of Neighborhood Meeting (July 9, 2003) e Citywide Sewer Extension Program summary e Estimated Cost to Owners based on bid results FISCAL NOTES Funding is by unrestricted sanitary sewer funds. 1AENG\Go\(,. it AgenJa SunmwricsVomutKm of Sanilury Sewer Rvinhum-m Disma No. 28Au Property Owners Proposed Sanitary Sewer Reimbursement Districts No. 28 (SW O'Mara, McDonald Streets) No. 29 (Park Street, Derry Dell Court) The City of Tigard is conducting a Neighborhood Meeting to discuss and answer questions regarding proposed Sanitary Sewer Reimbursement District Nos. 28 and 29. Attached are the following: Notice of Neighborhood Meeting (July 9, 2003) • Citywide Sewer Extension Program Summary Estimated Cost to Owners based on bid results. At this neighborhood meeting, City staff will be available to answer questions and receive comments on these two proposed sewer reimbursement districts to provide your neighborhood with sewer service. The proposed projects are part of the Citywide Sewer Extension Program that is intended to extend service throughout the City by 2006. Attendees will be presented with several options and asked which project option is preferred for their neighborhood. The options are as follows: • The first option is to form the proposed district and award the contract to construct the project to the current low bidder. This would permit construction this summer. The estimated cost to each owner under this option is shown in the attached table. The costs shown include the amount the contractor bid, a 5% construction contingency, and 13.5% for an engineering and administrative fee. • The second option is to not form the district and not award the contract for construction and rebid the project next spring. • The final option is to delay the entire project until 2006, the final year of the Citywide Sewer Extension Program. The amount each property owner will be required to pay will be limited to $6,000 for connections completed within three years of City Council approval of the final City Engineer's Report following construction, in accordance with Resolution 01-46. This resolution also requires the owner to pay any fair share amounts that exceed $15,000. Consequently, if the final fair share for an owner exceeds $15,000, the owner would be required to pay $6,000 plus the amount the fair share exceeds $15,000. Each owner would be required to pay a connection fee of $2,435 at the time of connection to the sewer. In addition, property owners are responsible for disconnecting their existing septic system according to Washington County rules and for any other modifications necessary to connect to the public sewer. There is no requirement to connect to the sewer or to pay any fees until the owner chooses to connect to the sewer. AGUSTIN P. DUENAS, P.E. City Engineer 1:\ENG\2002-2003 FY ClMo'Mara-McDonald Reimbursement Dist No. 29\Cky Council Agenda o176-24-3\letter to omem June 16 03.doc June 17, 2003 NOTICE Neighborhood Meeting Wednesday, July 9, 2003 AT 6:30 PM IN THE AUDITORIUM OF THE TIGARD WATER BUILDING 8777 SW BURNHAM STREET (Northwest corner Burnham St. and Hall Blvd.) TIGARD OR 97223 Proposed Sanitary Sewer Reimbursement District No. 28. (SW O'Mara and McDonald Streets) and Proposed Sanitary Sewer Reimbursement District No. 29 (SW Park Street and Derry Dell Court Agenda 6:30 P.M. City staff will be available to answer questions 7:00 P.M. Presentation on the Citywide Sewer Extension Program Options to be discussed: Form Districts and award current low bid for construction this summer. Delay formation and rebid spring 2004. Delay entire project until 2006. 7:30 P.M. Staff will answer questions and receive comments on the proposed options. 1AENGMEGtReimbursernent DisldclMotic2 July 9 03 meeting.doc 0 Citywide Sewer Extension Program Background The Citywide Sewer Extension Program is a Council-directed program to systematically extend sewer service throughout the City. The mechanism to extend the sewer lines and provide service is through the formation of reimbursement districts. Reimbursement districts are formed to install public sewers to the lots within the districts and the owners would reimburse the City for a fair share of the cost of the public sewer at the time of connection. The program is now entering its third year and is intended to provide public sewers to all developed but unserved areas in the there were over 680 City. At the beginning of this program approximately in the Tigard Triangle Area, residential lots throughout the City, pus about without sewer service. These lots were typically on septic systems 30 years old or more. Failed septic systems create health hazards to the community. It is extremely difficult to react to failed septic systems that occur at random throughout the City. The ideal solution would be to extend sewers to all unsewered residential areas such that City sewer would be available as these systems fail. The previous program prior to 2001 initiated projects contingent upon sufficient interest shown within a project area. To be considered for the program at that time, a neighborhood was required to submit evidence of resident support of a project. Consequently, reimbursement districts were established as requested by the residents rather than by a schedule set by the City. Unfortunately, this resulted in sewers being installed at random throughout the City. Often, lines had to be extended through other areas to serve those lots with failing septic systems. It was an extremely inefficient and expensive way to provide sewer service. Council therefore directed the establishment of a 5-year program to systematically extend sewers Citywide in accordance with a sewer master plan developed for that purpose. On June 12, 2001, Council adopted the current plan to install sewers throughout the City by 2006 on a schedule set by the City rather than in response to requests for service from owners. The intention was to systematically extend sewer service throughout the City so that as aging septic systems failed, sewers would be available for the owner to connect to without delay and at the least possible expense. To encourage early sewer hookups under the previous program, City Council established the Neighborhood Sewer Reimbursement District Incentive Program on October 13, 1998. This program limited the amount any residential owner was required to pay for a share of the public sewer to $8,000 up to a maximum of $15,000 if the connection was completed within one year from when it was first available. To encourage even more connections, Council modified the Incentive Program in 2001 so that the maximum amount an owner is required to pay for a share of the public line was reduced from $8,000 to $6,000 up to a maximum of $15,000. The time allowed for an owner to take advantage of this reduced cost was increased from one to three years from when the service first became available. Citywide Sewer Extension Program Summary Page l of 2 The Current Program Under the current program, the City forms reimbursement districts to construct the sewer improvements. At the time the property owner connects to the sewer, the owner would reimburse the City for a fair share of the total project cost. The amount an owner reimburses the City to connect to the sewer includes the actual amount the contactor is paid to construct the project plus 13.5% for engineering and administrative costs. For those owners that connect within the first three years after sewer becomes available, the City offers an incentive program that caps the owner's share at $6,000 for the fair share that falls between $6,000 and $15, 000. The owner would pay for any costs that exceed $15,000. This, in effect, is a maximum $9,000 subsidy from the City. Costs that exceed $15,000 for any particular lot typically indicate that the lot is large in size and is capable of being subdivided into two or more lots upon development. In addition to the fair share of the project cost, each owner would be required to pay a connection fee of $2,435 before connecting to the line and would be responsible for disconnecting the existing septic system according to County rules and for any other plumbing modifications necessary to connect to the public line. Because the costs for plumbing modifications and closure of the existing septic systems vary widely for each lot and structure, each owner would need to consult a plumbing contractor to provide an estimate for what that cost would be. The costs involved are therefore: • Fair Share of the Project Cost (Each lot's share of the actual cost of the project plus 13.5% for engineering and administrative costs) • Connection Fee (currently $2,435.00) • Plumbing modifications to connect to the sewer lateral provided (Owner's Responsibility-Costs vary dependent upon situation)) e Closure of the existing septic system (Owner's Responsibility-Costs vary dependent upon situation) There is no requirement to connect to the sewer or to pay any fees until the oo or moue s to after connect to the sewer. Property owners that connect to the sewer fifteen (15) years the district is formed do not have to pay the reimbursement fee. The connection charges at the time of connection would apply. For those that do not choose to connect during the first three years after the sewer is made available, the reimbursement fee would be the full share of the project cost plus an annual increase as established by the City's Finance Director. The current rate (simple interest) is 6.05%. The program is expected to conclude in 2006. Once the program is concluded, the remaining lots would be served based on interest shown by the residents and would be dependent upon availability of funding at that time. ,de sewer E.eemion Pmt"~ Cnywik Sewer EztaWon vmg^' swWwy 6-16-03 i e,\Cu,`CirY : Citywide Sewer Extension Program Summary Page 2 of 2 Reimbursement District No. 28 Estimated Cost to Property Owners Based on Bid Results ESTIMATED COST TO OWNER TAX LOT SITE ADDRESS AREA (AC) AREA (S.F.) PROPERTY OWNER 1 BAYARD LAUREN & 2S102CD00300 9620 SW FREWING ST 0.474 20637.64 $12,734 2 DOWD LARRY & LAURA 2S102CD00400 9600 SW FREWING ST 0.490 21361.74 $13,181 3 BOYDSTUN DENNIS GREGORY 2S102CD00500 9585 SW O'MARA ST 0.701 30515.00 $18,829 4 FUCHS ARNOLD C & SHIRLEY K 2S102CDO0600 9530 SW O'MARA ST 0.888 38692.36 $23,875 5 DURFEE STANLEY D & CYNTHIA A 2S102CD01101 9580 SW OMMARA ST 0.420 18304.62 $11,295 6 BATES VIRGINIA A 2S102CDO2000 9680 SW O'MARA ST 0,814 35470.82 $21,887 7 MCDILL STEVEN J & KIMBERLY C 2S102CDO2001 9630 SW O'MARA ST 0.593 25842.80 $15,946 8 WHITEMAN TEX R LEWAHNA 2S102CDO2100 9530 SW EDGEWOOD 0.822 35818.39 $22,102 9 GITHENS WANDAMA TRUSTEE 2S102CDO2601 9675 SW HILLVIEW CT 0.360 15689.58 $9,681 10 NEVILLE THOMAS A & 2S102CD02602 9635 SW HILLVIEW CT 0.350 15244.34 $9,407 11 BROWN ROGER A & JENNIFER A 2S102CD02603 9605 SW HILLVIEW CT 0.343 14935.36 $9,216 12 SHIRLEY JULIA A 2S102CDO2604 9610 SW HILLVIEW CT 0.373 16247.55 $10,026 13 BHATTACHARYYA KEYA 2S102CD02605 9608 SW HILLVIEW CT 0.372 16188.05 $9,989 14 WILSON LELAND J & TAMMIE L 2S102CDO2606 9670 SW HILLVIEW CT 0.357 15550.98 $9,596 15 NIRANJAN RAMAKRISHNAN & 2S102CDO2607 9760 SW OMARA ST 0.413 18010.91 $11,114 16 JOHNSON EDITH L TRUSTEE 2SI02CDO2608 9800 SW O'MARA ST 0.341 14850.93 $9,164 17 WILSON WILLIAM D JR AND 2S102CDO2609 9840 SW O'MARA ST 0.469 20431.40 $12,607 18 PARKER WALTER J & LOLA B 2S102CD02700 9615 SW O'MARA ST 0.317 13803.70 $8,518 19 SHEHORN STEPHEN LEE 2S102CD02701 9765 SW O'MARA ST 0.353 15382.78 $9,492 20 ANDERSON CLARENCE N TR 2S102CDO2702 9735 SW O'MARA ST 0.555 24166.33 $14,912 21 PARKER WALTER J & LOLA B 2S102CDO2703 9615 SW O'MARA ST 0.664 28910.26 $17,839 22 GARNANT DAVID G & JOYCE 2S102CD02705 9625 SW O'MARA ST 0.380 16551.32 $10,213 23 WORLEY MARTHA W 2S102CDO2706 9695 SW O'MARA ST 0.381 16608.92 $10,249 24 MONNIE HELEN C & MICHAEL D & 2S102CDO2709 9715 SW OMARA ST 0.350 15266.46 $9,420 25 KOLB DAVID & JANE F TRS 2S102CD02712 9645 SW O'MARA ST 0.396 17259.97 $10,650 26 STRAND DAVID E 2S102CD02715 9675 SW OMARA ST 0.373 16235.91 $10,018 27 MCDONALD TERRY UDIANE L 2S102CD02802 9865 SW OMARA ST 0.357 15547.83 $9,594 28 RAY STEVEN A & DEBORAH M 2S102CDO2803 9845 SW O'MARA ST 0.391 17039.10 $10,514 29 SPIAK ANDREW JOEL 2S102CDO2805 9825 SW O'MARA ST 0.515 22452.38 $13,854 30 MCPHAIL JOHN R & LEANN 2S102CD03000 9935 SW MCDONALD ST 0.331+ 14429.69 $8,904 31 OTTOMAN NORMAN R TRUSTEE 2S102CD03002 9905 SW MCDONALD ST 0.357 15548.13 $9,594 32 MCCORD GLEN A & ELIZABETH A 2S102CD03005 9965 SW MCDONALD ST 0.472 20566.85 $12,691 33 CLAYTON MARLIN L 2S102CDO4900 9777 SW O'MARA ST 0.375 16340.51 $10,083 34 COOK DOREEN M 2S102CD05000 9815 SW O'MARA ST 0.417 18182.66 $11,220 35 HAMPTON CLAUDE H 2S111 BA00803 9960 SW MCDONALD ST 0.345 15038.60 $9,280 36 MILLER PHILLIP R 2S111 BA00804 9940 SW MCDONALD ST 0.345 15038.33 $9,279 Totals 16.26 708,162.22 $436,972.30 Copies to: Mayor/Council ✓ Other: The Sawkins City Manager ✓ Council File ✓ anniG 10815 SW Derry Dell Court Tigard, Oregon 97223 17, RECEIVED C.01 JW 2003 Mayor and City Council JUN 19 2003 Administration i3i26 9W Hall Eilvd. Tigard, Oregon 97223 RE: Septic to Sewer Conversion Project Dear Mayor and City Council: We live in Reimbursement District No; 29 on Derry Dell Court and this letter is being written to express interest and support for the septic to sewer conversion project. We would like the sewers installed on our street as soon as possible and WITI-16 JT delay. Many of our houses and septic fields are approaching or already 50 years old. We are verb aware of the high possibility of failure and the high cost of repairs at that age. Wr, also realize that connecting to sewers increases our property values. I have not canvassed the entire neighborhood but have talked to several residents. Our neighbor and ourselves want to connect immediately and we have signed below. We understand from our Community Connector, Jessica Cousineau, that a residence at the comer of Derry Dell and Park also Wants to connect immediately. I did not have tune to verify their name and address before this letter was written; Also another neighbor is very interested and is looking into financing. I believe they will 6fineet Because when we approached them on bringing natural gas lines down the street, they agreed, and we converted from oil to gas and they converted from electric to gas. They just need to get then financing. Tl'h bottom line for us is; We want: sewers and we want them NOW: We are tired o waiting! Please bring them down the street! It is 2003 and we are not connected to sewers! Let us do soinethiiig about this NOW! IL o~ J m W J Sinceiely, Douglas and Carolyn Sawkins 1U815 sW b.eM Aet Court Douglas and Carolyn Sawkins 10815 SW Derry Dell. Court Tigard,_ Oregon 97223-3811 Hubert Brown iO&20 SW Derry Dell Court ® _ 18 JUN 2n j; PiA NEI. Q Qr Wnd CJJJJ ~ COunCl,/ 3 D ha -s s Ha,`/ vd, ~ ~G CL Y`~ ~ Ye c~ ~ h ~ U 9 add 3 6i44 AGENDA ITEM # V FOR AGENDA OF June 24.2003 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Formation of Sanitary Sewer Reimbursement District No 29 (SW Park Street Derry Dell Court) (Continuation from June 10, 2003) 1n PREPARED BY: G. Beny DEPT HEAD OK CITY MGR OK G ~~Y ~Y ~y i ISSUE BEFORE THE COUNCIL Formation of Sanitary Sewer Reimbursement District No. 29 to construct a sanitary sewer project as part of the Citywide Sewer Extension Program. STAFF RECOMMENDATION Close the public hearing and deny formation of the district. Direct staff to conduct a neighborhood meeting to discuss and answer questions regarding the proposed project. INFORMATION SUMMARY Construction of the improvements in proposed Sanitary Sewer Reimbursement District No. 29 would provide sewer service to forty-seven lots along the unserved portions of SW Park Street, Derry Dell Court, Cook Lane, and Watkins Avenue. As with all projects constructed through the City's Neighborhood Sewer Extension Program, the City would install public sewers to each lot within the Reimbursement District and the owners would reimburse the City for a fair share of the cost of the public sewer at the time of connection to the sewer. In addition, each owner would be required to pay a connection fee of $2,335 ($2,435 after June 30, 2003) before connecting to the line and would be responsible for disconnecting the existing septic system according to County rules and any other plumbing modifications necessary to connect to the public line. On June 10, 2003, City Council conducted an informational hearing and considered establishing the reimbursement district. The submitted City Engineer's Report reported an estimated project cost of $535,030 that resulted in a cost to each owner of $0.71 per square foot of the owner's lot. This amount included an estimated construction cost of $409,900, a 15% contingency added to the estimated construction cost, plus a 13.5% engineering and administration fee. On June 3, 2003, bids for the construction of the project were opened. The apparent low bid contained errors, was considered non-responsive, and rejection of the bid is recommended. The second lowest bid is $485,894.50 submitted by Dunn Construction. Staff has reviewed the bid documents and concludes that this bid is responsive and that Dunn Construction is a responsible bidder. The bid amount is 18.5% higher than the Engineer's Estimate of $409,906. However, the range of bid amounts received on this project indicates that the true project construction cost is probably around $500,000. Re-bidding the project would most likely not result in lower bids because as summer work begins in earnest, contractors become fully engaged in construction and tend to bid higher on projects advertised at that time. The bid by Dunn Construction has to be either awarded or rejected no later than 45 calendar days after the bid opening (i.e. July 16, 2003), unless the City and Dunn Construction mutually agree in writing to extend that period. Based on the low responsive bid of $485,894, the expected project cost is $579,060 or $0.76 per square foot of lot served. The project cost is arrived at as before by adding a construction contingency and an engineering and administration fee. However, the construction contingency can now be reduced from 15% to 5% since there is less uncertainty in basing a project cost on the construction cost as bid rather than as estimated. Despite the reduction in construction contingency, the estimated costs based on the actual bid do increase the cost to each of the property owners in comparison to the previous estimate. Reimbursement District No. 28 is in the same situation as No. 29. In addition, there is an upcoming reimbursement district formation proposed for the vicinity of Murdock Street and 100a' Avenue. We intend to conduct a neighborhood meeting for District Nos. 28 and 29 on July 9, 2003. Attached is a letter that will be sent to each resident in the two districts with meeting notice, estimated costs, and an explanation of the Citywide Sewer Extension Program enclosed. The meeting for the proposed district on Murdock Street will be conducted on July 10, 2003. At the meeting, the rationale for the Citywide Sewer Extension Program to provide sewer service to all developed but unserved lots within the City will be discussed. Each of the affected property owners will be provided an opportunity to review the estimated costs and ask questions regarding their proposed districts. For proposed districts 28 and 29, the estimated costs will be based on the bid results received. The proposed district for the Murdock Street area will be based on estimated costs using typical prices on bids received to date. Because of the need to discuss the districts with the affected lot owners, the formation of Reimbursement District No. 29 does not seem advisable at this time. The best course of action appears to be for Council to close the public hearing and decline to form the district. Any action to resubmit the district for formation would be taken only after the neighborhood meeting is conducted and the feedback from the residents is carefully considered prior to any decisions regarding the proposed project. The decision on whether or not to award the current low bid or request a time extension on the bid amount will be made after the neighborhood meeting has been conducted and a decision has been made regarding formation of the district. OTHER ALTERNATIVES CONSIDERED Continue the public hearing and delay the formation of the district until after the neighborhood meeting is conducted and the results are discussed with Council. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY Not applicable. ATTACHMENT LIST Letter to each resident in proposed Reimbursement District No. 29 with attachments: ♦ Notice of Neighborhood Meeting (July 9, 2003) Citywide Sewer Extension Program summary ♦ Estimated Cost to Owners based on bid results FISCAL NOTES Funding is by unrestricted sanitary sewer funds. 1:~ENGIGuskCouncil AgeoJa SumnuriesXNM.,irn of Sonitury Sewer Reimbursement District No. 29Auc Property Owners Proposed Sanitary Sewer Reimbursement Districts No. 28 (SW O'Mara, McDonald Streets) No. 29 (Park Street, Derry Dell Court) The City of Tigard is conducting a Neighborhood Meeting to discuss and answer questions regarding proposed Sanitary Sewer Reimbursement District Nos. 28 and 29. Attached are the following: • Notice of Neighborhood Meeting (July 9, 2003) • Citywide Sewer Extension Program Summary Estimated Cost to Owners based on bid results. At this neighborhood meeting, City staff will be available to answer questions and receive comments on these two proposed sewer reimbursement districts to provide your neighborhood with sewer service. The proposed projects are part of the Citywide Sewer Extension Program that is intended to extend service throughout the City by 2006. Attendees will be presented with several options and asked which project option is preferred for their neighborhood. The options are as follows: The first option is to form the proposed district and award the contract to construct the project to the current low bidder. This would permit construction this summer. The estimated cost to each owner under this option is shown in the attached table. The costs shown include the amount the contractor bid, a 5% construction contingency, and 13.5% for an engineering and administrative fee. The second option is to not form the district and not award the contract for construction and rebid the project next spring. The final option is to delay the entire project until 2006, the final year of the Citywide Sewer Extension Program. The amount each property owner will be required to pay will be limited to $6,000 for connections completed within three years of City Council approval of the final City Engineer's Report following construction, in accordance with Resolution 01-46. This resolution also requires the owner to pay any fair share amounts that exceed $15,000. Consequently, if the final fair share for an owner exceeds $15,000, the owner would be required to pay $6,000 plus the amount the fair share exceeds $15,000. Each owner would be required to pay a connection fee of $2,435 at the time of connection to the sewer. In addition, property owners are responsible for disconnecting their existing septic system according to Washington County rules and for any other modifications necessary to connect to the public sewer. There is no requirement to connect to the sewer or to pay any fees until the owner chooses to connect to the sewer. AGUSTIN P. DUENAS, P.E. City Engineer ! \ENG12002.2003 FY CIP%0'Mara-McDOna1d Reitnbueennent Dist No 28\City Council Agenda o(6-24.310W to owners June 16 03 doe June 17, 2003 NOTICE Neighborhood Meeting Wednesday, July 9, 2003 AT 6:30 PM IN THE AUDITORIUM OF THE TIGARD WATER BUILDING 8777 SW BURNHAM STREET (Northwest corner Burnham St. and Hall Blvd.) TIGARD OR 97223 Proposed Sanitary Sewer Reimbursement District No. 28. (SW O'Mara and lAcDonald Streets) and Proposed Sanitary Sewer Reimbursement District No. 29 (SW Park Street and Derry Dell Court Agenda 6:30 P.M. City staff will be available to answer questions 7:00 P.M. Presentation on the Citywide Sewer Extension Program Options to be discussed: Form Districts and award current low bid for construction this summer. Delay formation and rebid spring 2004. Delay entire project until 2006. 7:30 P.M. Staff will answer questions and receive comments on the proposed options. 1AENG\31REWeimbursemenl Dist iclsWoUce July 9 03 meeling.doc Citywide Sewer Extension Program Background The Citywide Sewer Extension Program is a Council-directed program to systematically extend sewer service throughout the City. The mechanism to extend the sewer lines and provide service is through the formation of reimbursement districts. Reimbursement districts are formed to install public sewers to the lots within the districts and the owners would reimburse the City for a fair share of the cost of the public sewer at the time of connection. The program is now entering its third year and is intended to provide public sewers to all developed but unserved areas in the City. At the beginning of this program approximately two years ago, there were over 680 residential lots throughout the City, plus about 80 commercial lots in the Tigard Triangle Area, without sewer service. These lots were typically on septic systems 30 years old or more. Failed septic systems create health hazards to the community. It is extremely difficult to react to failed deal solution wou be to e septic systems that occur at random areas throughout uch that City sewerlwould be ava 1 ble as thesextend sewers to all unsewered residential systems fail. The previous program prior to 2001 initiated projects contingent upon sufficient interest shown within a project area. To be considered for the program at that time, a neighborhood was required to submit evidence of resident support of a project. Consequently, reimbursement districts were established as requested by the residents rather than by a schedule set by the City. Unfortunately, this resulted in sewers being areas installed to serve those lots with failing septic systems. It was an extremely extended through other inefficient and expensive way to provide sewer service. y for that systematically eexten 12, 2001 sewers Council therefore directed the establishment of a 5-year progra Citywide in accordance with a sewer master plan developed Council adopted the current plan to install sewers throughout the City by 2006 on a schedule set by the City rather than in response to requests for service from owners. The intention was to systematically extend sewer service throughout the City so that as aging septic systems failed, sewers would be available for the owner to connect to without delay and at the least possible expense. To encourage early sewer hookups under the previous program, City Council established the Neighborhood Sewer Reimbursement District Incentive Program on October 13, 1998. This program limited the amount any residential owner was required to pay for a share of the public sewer to $8,000 up to a maximum of $15,000 if the connection was completed within one year from when it was first available. To encourage even more connections, Council modified the Incentive Program in 2001 so that the maximum amount an owner is required to pay for a share of the public line was reduced from $8,000 to $6,000 up to a maximum of $15,000. The time allowed for an owner to take advantage of this reduced cost was increased from one to three years from when the service first became available. Citywide Sewer Extension Program Summary Page t of 2 The Current Program Under the current program, the City forms reimbursement districts to construct the sewer improvements. At the time the property owner connects to the sewer, the owner would reimburse the City for a fair share of the total project cost. The amount an owner reimburses the City to connect to the sewer includes the actual amount the contactor is paid to construct the project plus 13.5% for engineering and administrative costs. For those owners that connect within the first three years after sewer becomes available, the City offers an incentive program that caps the owner's share at $6,000 for the fair share that falls between $6,000 and $15, 000. The owner would pay for any costs that exceed $15,000. This, in effect, is a maximum $9,000 subsidy from the City. Costs that exceed $15,000 for any particular lot typically indicate that the lot is large in size and is capable of being subdivided into two or more lots upon development. In addition to the fair share of the project cost, each owner would be required to pay a connection fee of $2,435 before connecting to the line and would be responsible for disconnecting the existing septic system according to County rules and for any other plumbing modifications necessary to connect to the public line. Because the costs for plumbing modifications and closure of the existing septic systems vary widely for each lot and structure, each owner would need to consult a plumbing contractor to provide an estimate for what that cost would be. The costs involved are therefore: • Fair Share of the Project Cost (Each lot's share of the actual cost of the project plus 13.5% for engineering and administrative costs) • Connection Fee (currently $2,435.00) • Plumbing modifications to connect to the sewer lateral provided (Owner's Responsibility-Costs vary dependent upon situation)) • Closure of the existing septic system (Owner's Responsibility-Costs vary dependent upon situation) There is no requirement to connect to the sewer or to pay any fees until the owner chooses to connect to the sewer. Property owners that connect to the sewer fifteen (15) years or more after the district is formed do not have to pay the reimbursement fee. The connection charges at the time of connection would apply. For those that do not choose to connect during the first three years after the sewer is made available, the reimbursement fee would be the full share of the project cost plus an annual increase as established by the City's Finance Director. The current rate (simple interest) is 6.05%. The program is expected to conclude in 2006. Once the program is concluded, the remaining lots would be served based on interest shown by the residents and would be dependent upon availability of funding at that time. I: Eng\Gw Cdywide Sewer Eztcn ion PmgrvnA Citywide Sewn Eaiennn Pwp m Sw mvy b IGOI Citywide Sewer Extension Program Summary Page 2 of 2 Reimbursement District No. 29 Estimated Cost to Property Owners Based on Bid Results ESTIMATED COST TO TAX LOT SITE ADDRESS AREA (AC) AREA (S.F.) PROPERTY OWNER OWNER 1 MILLER ALLAN S DOREEN J 2S103DA01300 0 10665 SW DERRY DELL COURT 10695 SW DERRY DELL CT 0.353 0.353 15365.72783 15366.95090 $11,742 $11,743 2 & NANCY A JOHN C ER MOELL MOELL 2S103DA0140 2S103DA01500 10725 SW DERRY DELL CT 0.353 15366.98757 $11,743 3 ABIGAIL J & A BRIAN FRAINEY 2S103DA01600 10755 SW DERRY DELL CT 0.353 15367.02424 $11,743 4 STEVEN B EAU 2S103DA02800 10700 SW DERRY DELL CT 0.449 19537.74845 $14,930 5 5 HEINT2 BARRY E R AND GROENLUND DAVID HEINTZ AR 2S103DA02700 10730 SW DERRY DELL E 0.448 319 0 19533.50173 13916.56716 $14,926 $10,634 7 GARY D TSON 2S103DA00300 2S103DA00400 13120 SW WATKINS AV 13150 SW WATKINS AVE . 0.320 13926.64909 $10,642 8 HARLEM E BA 2S103DA04400 10630 SW PARK ST 0.337 14667.82779 $11,208 9 NOLES DAVID R AND 2S103DA05100 10635 SW COOK LN 0.332 14467.42728 $11,055 10 WILLIAMS DAVID S YOUNG 2S103DA00100 13060 SW WATKINS AVE 0.326 14195.40658 1 $10,847 743 $11 11 LEPPER CHAD & MI 2S103DA01700 10785 SW DERRY DELL CT 0.353 15367.0609 , 12 TIPTON TROY P & MICHELLE J 2S103DA01800 10815 SW DERRY DELL CT 0.385 16763.55464 $12,810 13 SAWKINS DOUGLAS S 2S103DA00200 13090 SW WATKINS AVE 0.319 13905.98901 49969 471 $10,626 058 $11 14 15 MENDEZ JUDITH A HAMMES ALFRED J HELEN L 2S103DA01000 13115 SW WATKINS AVE 0.332 413 0 14 . 17986.13480 , $13,744 16 HANSEN HARRIS H SARA J 2S103DA03100 2S103DA03000 10610 SW DERRY DELL 10640 SW DERRY DELL CT . 0.449 19538.24056 $14,930 17 PHAM SIMON C & REBECCA T 2S103DA02900 10670 SW DERRY DELL CT 0.449 19537.91667 $14,930 18 GUSTIN RONALD L & TAMMY G 2S103DA02600 10760 SW DERRY DELL CT 0.449 19537.06360 $14,929 19 STOUDER CHARLES H TR 2S103DA02500 10790 SW DERRY DELL CT 0.513 22358.89852 $17,085 20 BORCHERS VELLA M 2S103DA02400 10820 SW DERRY DELL CT 0.384 16724.83997 $12,780 21 BROWN BROWN H HUBERT BERT A 2S103DA02000 10865 SW DERRY DELL CT 0.372 16199.23647 $12,379 22 TESSMA H 2S103DA00900 13145 SW WATKINS AVE 0.331 14429.56599 $11,026 23 KATIE HARMONHAN ALBERT 2S103DA02300 10880 SW DERRY DELL 0.347 372 0 15118.21956 93421 16201 $11,553 $12,381 24 25 KOOL SCOTT D & CELIA C 2S103DA02100 10885 SW DERRY DELL CT 10625 SW PARK ST . 0.337 . 14687.80616 $11,224 26 WINTERS GERRY L (Existing) 2S103DA03201 2S103DA03201 10625 SW PARK ST 0.337 14687.80616 $11,22 27 WINTERS GERRY L (Back Lot) 2S103DA00800 13175 SW WATKINS 0.331 14429.44431 $11,026 28 BRADEN ROBERT W & KATHLEEN J 0 2S103DA03 10655 SW PARK ST 0.479 20861.07951 $15,941 29 KRAGER ROBERT WARREN 2S103DA0330 0 10685 SW PARK ST 0.454 19762.54608 $15,101 30 FURRIER ROSMARIE 2S103DA03400 10735 SW PARK ST 0.441 19211.32816 $14,680 31 MCGRIFF JAMES E/SHEILA M 13180 SW WATKINS AVE 0.320 13936.73103 $10,650 32 MIGUES RONALD P & DEBORAH R 2S103DA00700 13205 SW WATKINS AVE 0.329 14347.22665 $10,963 33 HATCH JAMES S/MARCIEL J 2S103DA00600 13210 SW WATKINS AVE 0.320 13934.27425 $10,648 34 MEYER DUANE FRANCIS 2S103DA04300 10660 SW PARK ST 0.335 14573.06828 $11,136 35 GRAY GAYLE R 2S103DA04500 10600 SW PARK ST 0.339 14764.34445 $11,282 36 WEESE TERRY & DORI 2S103DA04600 10570 SW PARK ST 0.339 14778.43789 $11,293 37 PUGSLEY CLAYTON A 2S103DA05200 10665 SW COOK LN 0.332 14468.20714 $11,056 38 PONIATOWSKI-D'ERMENGARD 2S103DA05000 10605 SW COOK LN 0.332 14465.75477 $11,054 39 ROSSBERG STEPHEN A 2S103DA04900 13365 SW WATKINS 0.330 14375.98869 $10,985 40 MURFINSIMMONS MATTHEW T 2S103DA05603 10676 SW COOK LN 0.229 9993.93370 $7,637 41 PHILLIPS RICHARD F 2S103DA05700 10634 SW COOK LN 0.449 19572.73686 $14,956 42 SHOLES LANCE M RESLER MICHAEL D & BARBARA S 2S103DA05800 10620 SW COOK LN 0.449 0 336 19574.84873 14646 50836 $14,958 192 $11 43 44 BISHOP WILBUR A AND MARTHA E 2S103DA05900 10590 SW COOK LN 13485 SW WATKINS ST . 0.338 . 14726.18773 , $11,253 45 HOLCOMBE GERALD A 2S103DA06000 2S102BC03500 13000 SW WATKINS AVE 0.476 8 8 46 RONALD M GROAT JENSEN R RONON ALL S & CAROLYN J 2S102BC03400 13010 SW WATKINS 0.354 .0247 15404 $11,77 47 17.40 757793.21232 $579,064.77