03/08/1988 - Packet AGENDA
CITY CENTER PLAN TASK FORCE
TUESDAY, MARCH 8, 1988, 6:30 - 9:00 P.M.
CIVIC CENTER - POLICE SQUAD ROOM (SEE MAP ATTACHED)
13125 SW HALL BLVD. , TIGARD, OR
1. CALL TO ORDER
2. ROLL CALL: ASH COHEN DEFERDING JUAREZ
MARR MONAHAN MORLEY
3. APPROVE MINUTES
4. TIGARD WATER DISTRICT ADMINISTRATION BUILDING: BOB BLEDSOE,
DISTRICT BOARD OF COMMISSIONERS
5. FANNO CREEK CONFERENCE HIGHLIGHTS
6. JOINT MEETING WITH PARK BOARD RE FANNO PARK (AT 7:30PM)
7. PUBLIC RELATIONS BREAKFAST MEETINGS: SUBCOMMITTEE REPORT
8. REVIEW OF ECONOMIC IMPROVEMENT DISTRICTS: NEWTON
9. MARKET STUDY PROGRESS REPORT: ROBERTS
10. OTHER BUSINESS
11. ADJOURNMENT
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DRAFT
PRESS RELEAS E
The Tigard City Center Plan Task Force will be hosting a
breakfast Friday morning May 6th between 7:00 and 8:30 a.m.
in the Town Hall room of the Tigard Civic Center on SW Hall
Blvd. The purpose of the breakfast is to present the
marketing study of the Central Business District done by
Hobson and Associates this past Spring.
The Task Force woul d 1 i ke to encourage attendance from al l
business owners and citizens of Tigard. An R.S.V.P. is
requested to at 639-4171.
Additional information may be obtained by contacting Stuart
Cohen, Task Force Chairman, at 222-5510.
`wo*EC0N0MIC IMPROVEMENT DISTRICTS�
u Enables commercial and industrial properties to form a district and
fund the cost of certain revitalization efforts through self—imposed
property assessments ,
o House Bill 2443, 8 — Engrosed approved by State Legislature in June
1085.
o Legislation expires June 30, 1990, unless renewed by the State
Legislature before that time.
How . Work:
o Allows commercial or industrial zoned districts to organize,
establish a program and fund the program through a self imposed
assessment, after review and approval by the city.
o The boundaries, budget, program, and assessment formula are decided
on locally by an advisory group with approval by the City Council .
o The process of establishing an EID will take three to six months .
Fund:What EID'S CAN
u planning
u promotion including group advertising, decorations for eoento ,
o maintenance including landscaped areas, sidewalk sweeping, street
furniture.
o management
o recruitment
o parking system improvements or, parking enforcement such as better,
signs, enforcement, layout of spaces, security, maintenance.
Fund:What EID'S CANNOT
u street improvements
o sidewalks
o storm drainage improvements
u sewer improvements
Page 1 CR:3/88
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o assessments can be for up to three years .
o assessments are Lased on amount per thousand, per property, per,
square foot, etc. , must be fair and equitable.
o assessments are collected by the City in the same manner other
special assessments are collected.
u assessments cannot exceed one percent of the total assessed value of
property within the proposed dintriut,
o assessments cannot inolude property which is zoned residential . A
residence in also excluded if it is contained within a commercial or,
industrial building that pays an EID assessment. The assessment must
be prorated to exclude the portion used for residential purposes .
u The Bancroft Bonding Act (BPA) does not apply to the assessments .
.
House Bill 2443—B REQUIRES:
u That an advisory group prepare the initial economic improvement plans
and estimated assessments .
o That a formal city council public hearing be called to consider- the
plans, the program' the budget, the boundaries, and the proposed
assessment formula.
o That property owners who could be assessed be notified of the EID
proposal, and the assessment formula and method, 80 days prior to the
first formal city council hearing.
n That the city council take testimony and evaluate all aspects of the
proposal at a formal hearing. The council may change any part of the
EID proposal, continue consideration at a later date, or table it
entirely.
o That, if the council approves the plans, the affected property owners
be notified of their proposed assessment 30 days before a second
formal public hearing. Property owners may appeal their assessments,
in writing, during this period.
n That the council review the amount of the individual assessments and
consider all objections at the second formal public hearing, and may
adopt, correct, revise, or modify the proposed assessments .
w That written objections from owners representing more than
thirty—three percent of the total assessments levied within the EID
will stop the assessment program.
u That if objections are less than 33%, the council approve the
district. Thu council then finalizes the amount of the individual
assessments and establishes the payment procedure.
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House Bill 2443-8 REQUIRES:
That the assessment ordinance adopted by the City Council to enact the
assessment and approving the district:
(a) Describe the economic improvement project to be undertaken or,
constructed.
(b) Contain a preliminary estimate of the probable cont of the economic
improvement and the proposed formula for apportioning onot to
specially benefited property.
(o) Describe the boundaries of the district within which property will be
assessed.
(d) Specify the number of years, to a maximum to three, for which
assessments will be levied.
(e) Contain provision for notices to construct or undertake the economic
improvement project and to aoneoo benefited property for a part or
all of the cost. The notice shall state the time and place of the
public hearing required under paragraph (f) of this subsection.
(f) Provide for, a hearing not sooner* than 30 days after, the mailing or
delivery of notices to affected property owners at which the owners
may appear to support or, object to the proposed improvement and
assessment.
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CITY OF TIGARD, OREGON
CONTRACT FOR PERSONAL SERVICES
CONTRACT TITLE: TIGARD CITY CENTER STUDY AREA DEVELOPMENT STRATEGY
CONTRACT NO.
This Contract, made and entered into this 18 day of January 1988,
by and between the City of Tigard, a municipal corporation of the State of
Oregon, hereinafter called "City" and (full name and address of person or
firm) Hobson and Associates 813 Southwest Alder Street Suite 800
Portland, Oregon 97205 hereinafter
called "Contractor", duly authorized to perform such services in Oregon.
W I T N E S S E T H:
WHEREAS, the City requires services which Contractor is capable of providing,
under terms and conditions hereinafter described; and
WHEREAS, Contractor is able and prepared to provide such services as City does
hereinafter require, under those terms and conditions set forth; now,
therefore,
IN CONSIDERATION of those mutual promises and the terms and conditions set
forth hereafter, the parties agree as follows:
1. Project Description.
Contractor's services under this Agreement shall consist of the following:
A. Contractor shall perform personal services, as outlined in the
project proposal dated the 21st day of December, 1987, including
any amendments agreed to by the parties, a copy of which is
attached hereto and incorporated herein by reference. . In
addition, Contractor agrees to participate in four meetings with
the City Center Plan Task Force, one meeting with the Tigard
City Council, and one meeting with community representatives as
designated by the City. The project for which services are to
be provided is known as TIGARD CITY CENTER STUDY AREA
DEVELOPMENT STRATEGY
B. The project schedule shall be as follows:
1 . Final draft report to be submitted to the City by April 11,
1988.
2. Final report to be submitted to the City by May 9, 1988.
CONTRACT FOR PERSONAL SERVICES — PAGE 1
2. Compensation.
A. City agrees to pay Contractor not more than $2.4,960 for
performance of those services provided herein, which payment
shall be based upon the following applicable terms:
1 . Single billing to be submitted monthly by Contractor and
supported by statements of tasks performed and time
expended on each task.
2. City will withhold 5 percent of each monthly payment, with
the retained amounts to be paid to the Contractor upon
satisfactory completion of the project.
3. Payment by the City shall release the City from any further
obligation for payment to Contractor for service or
services performed or expenses incurred as of the date of
the statement of services. Payment shall not be considered
acceptance or approval of any work or waiver of any defect
therein.
3. The City certifies that sufficient funds are available and
authorized for expenditure to finance costs of this
contract.
B. All work performed by the Contractor under this Agreement shall
be the property of the City.
3. Contract Identification.
Contractor shall furnish to City its employer identification number,
as designated by the Internal Revenue Service, or Contractor's Social
Security number, as City deems applicable.
4. City's Representative.
For purposes hereof, the city's authorized representative will be
Elizabeth Newton, 13125 SW Hall Blvd. , P.O. Box 23397, Tigard, Oregon
97223; (503) 639-4171.
5. Contractor's Representative.
For purposes hereof, the Contractor's authorized representative will
be Wallace M. Hobson
813 Southwest Alder Street, Suite 800
Portland, Oregon 97205
6. Contractor Is Independent Contractor.
A. Contractor's services shall be provided under the general
supervision of City's project director or his or her designee,
but Contractor shall be an independent contractor for all
purposes and shall be entitled to no compensation other than the
compensation provided for under paragraph 2 of this Agreement.
CONTRACT FOR PERSONAL SERVICES — PAGE 2
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B. In the event Contractor is to perform the services described in
this Agreement without the assistance of others, Contractor
hereby ag^ees to file a joint declaration with City to the
effect thit Contractor' s services are those of an independent
contractor, as provided under Chapter• 864 Oregon Laws 1979.
C. Contractor acknowledges that for all purposes related to this
agreement, Contractor is and shall be deemed to be an
independent contractor and not an employee of City, shall not be
entitled to benefits of any kind to which an employee of the
City is entitled and shall be solely responsible for all
payments and taxes required by law; and furthermore in the event
that Contractor is found by a court of law or an administrative
agency to be an employee of the City for any purpose, City shall
be untitled to offset compensation due to demand repayment of
any amounts paid to Contractor under the terms of this
agreement, to the full extent of any benefits or other
renumeration Contractor receives (from City or third party) as a
result of said finding and to the full extent of any payments
that City is required to make (to Contractor or to a third
party) as a result of said finding.
D. The undersigned Contractor hereby represents that no employee of
the City of Tigard, or any partnership or corporation in which a
City employee has an interest, will or has received any
remuneration of any description from the Contractor, either
directly or indirectly, in connection with the letting or
performance of this contract, except as specifically declared in
writing.
E. Contractor shall insure, pursuant to ORS 249.316, that no
laborer shall be employed for more than eight hours in any one
day, or• forty hours in any one week, except in cases of
necessity, emergency, or where the public policy absolutely
requires it, and in such cases the laborer shall be paid at
least time and a half pay for all overtime in excess of eight
hours a day and for work performed on Saturday and on any legal
holiday specified in ORS 279.334.
7. Subcontractors — Assignment & Delegation
A. Contractor shall be fully responsible for the acts or omissions
of any subcontractors and of all persons employed by them, and
neither the approval by the City of any subcontractor nor
anything contained herein shall be deemed to create any
contractual relation between the subcontractor and City.
B. This agreement, and all of the covenants and conditions hereof,
shall inure to the benefit of and be binding upon the City and
the Contractor respectively and their legal representatives.
Contractor shall not assign any rights nor delegate any duties
incurred by this contract, or any part hereof without the
written consent of City, and any assignment or delegation in
violation hereof shall be void.
CONTRACT FOR PERSONAL SERVICES — PAGE 3
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C. Contractor shall make payment promptly as due, to all persons
supplying to such Contractor labor •or material for the
prosecution of the work provided for in this contract.
D. Contractor shall pay to the Oregon Department of Revenue all
sums withheld from Contractor' s employees pursuant; to ORS
316. 167.
E. If the Contractor fails, neglects, or refuses to make prompt
payment of any claim for labor or services furnished to the
contractor or a subcontractor by any person in connection with
this contract, the City may pay such claim and charge the amount
of the payment against funds due or to become due the Contractor.
8. Contractor's Employees Medical Payments
The Contractor agrees to pay promptly as due, to any person,
copartnership, association or corporation furnishing medical,
surgical, and hospital care or other needed care and attention
incident to sickness or injury to the Contractor's employees, all
sums which the Contractor agreed to pay for such services and all
monies and sums which the Contractor collected or deducted from
employees' wages pursuant to any law, contract or agreement for
providing or paying for such services.
9. Early Termination
A. This Agreement may be terminated without cause prior to the
expiration of the agreed upon term by mutual written consent of
the parties and for the following reasons authorized by ORS
279.326:
1. If work under the Contract is suspended by an order of a
public agency for any reason considered to be in the public
interest other than by a labor dispute or by reason of any
third party judicial proceeding relating to the work other
than suit or action filed in regard to a labor dispute; or
2. If the circumstances or conditions are such that it is
impracticable within a reasonable time to proceed with a
substantial portion of the Contract.
B. Payment of Contractor shall be as provided by ORS 279.330 and
shall be prorated to and include the day of termination and
shall be in full satisfaction of all claims by Contractor
against City under this Agreement.
C. Termination under any provision of this paragraph shall not
affect any right, obligation or liability of Contractor or City
which accrued prior to such termination.
CONTRACT FOR PERSONAL SERVICES — PAGE 4
10. Cancellation for Cause
City may cancel all or any part of this Contract if Contractor
breaches any of the ter-ins hereof or in the event of any of the
following: Insolvency of Contractor; voluntary or involuntary
petition in bankruptcy by or against Contractor; appointment of a
receiver or trustee for Contractor, or an assignment for benefit of
creditors of Contractor. Damages for breach shall be those allowed
by Oregon law, reasonable and necessary attorney's fees, and other
costs of litigation at trial and upon appeal.
11. Access to Records
City shall have access to such books, documents, papers and records
of Contractor as are directly pertinent to this Agreement for the
purpose of making audit, examination, excerpts and transcripts.
12. Force Majeure
Neither City nor Contractor shall be considered in default because of
any delays in completion of responsibilities hereunder due to causes
beyond the control and without the fault or negligence on the part of
the party so disenabled, including, but not restricted to, an act of
God or of a public enemy, volcano, earthquake, fire, flood, epidemic,
quarantine, restriction, area—wide strike, freight embargo, unusually
severe weather or delay of subcontractor or suppliers due to such
cause; provided that party so disenabled shall within ten .'(10) days
from the beginning of such delay notify the other party in writing of
the causes of delay and its probable extent. Such notification shall
not be the basis for a claim for additional compensation.
13 . Nonwaiver
The failure of the City to insist upon or enforce strict performance
by Contractor of any of the terms of this contract or to exercise any
rights hereunder shall not be construed as a waiver or relinquishment
to any extent of its right to assert or rely upon such terms or
rights on any future occasion.
14. Attorney's Fees
In case suit or action is instituted to enforce the provisions of-
this contract, the parties agree that the losing party shall pay such
sum as the Court may adjudge reasonable attorney's fees and court
costs including attorney' s fees and court costs on appeal to
appellate courts.
15. Applicable Law
This contract will be governed by the laws of the State of Oregon.
CONTRACT FOR PERSONAL SERVICES = PAGE 5
16. Conflict Between Terms
It is further expressly agreed by and between the pi.rties hereto that
should there be any conflict between the terms of this instrument and
the proposal of the contractor, this instrument shall control and
nothing herein shall be considered as an acceptance of the said ter-ins
of said proposal conflicting herewith.
17. Indemnification
Contractor agrees to indemnify and to hold-harmless the City, its
Officers, Employees and Agents against and from any and all loss,
claims, actions, suits, including costs and attorneys' fees, for or
on account of injury bodily or otherwise, te, or death of persons,
damage to or destruction of property belonging to City, Contractor or
others, resulting from, arising out of, or in any way connected with
Contractor's negligence.
18. Insurance
A. Contractor shall pay all contributions or- amounts due the State
Accident Insurance Fund from the Contractor or any subcontractor
incurred in the performance of the contract.
19. Complete Agreement
This contract and any referenced attachments constitute the complete
agreement between the City and Contractor and supersedes all prior
written or oral discussions or agreements.
IN WITNESS WHEREOF, the City has caused this agreement to be executed by its
duly authorized undersigned officers, acting pursuant to resolution of the
City Council, duly passed at the regular meeting held on the ff t4) day
of � , 19 88 and the contractor has executed this agreement on
the date hePeinabove first written.
CITY OF TIGARD
ByG�ZhJv mac,
By -
CONTRACTOR
By �XMu �
By
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CONTRACT FOR PERSONAL SERVICES - PAGE 6
Hobson & Associates
Urban Land Economics/Market& Development Analysis
MEMORANDUM
TO: Duane Roberts and Elizabeth Newton
City of Tigard FROM: John L. Hall, Associate and Project Coordinatorw�-
Hobson & Associates
DATE: January 15, 1988
780 . 1/M1
SUBJECT: ESTIMATED BREAKDOWN OF TIME BY WORK TASK; CITY
CENTER STUDY AREA DEVELOPMENT STRATEGY
Estimated Hours by Individual
Major Task WH JH ET KI SS NH
1) Orientation 7 5 -- -- 10 --
2) Workshop 10 8 -- -- 18 12
3) Market Analysis 12 20 48 50 13 6
4) Strategy Development 28 23 10 -- 14 10
5) Presentations/Meetings 13 10 -- -- 8 --
70 66 58 50 63 28
WH = Wallace M. Hobson (Hobson & Associates)
JH = John L. Hall (H&A)
ET = Eric Tinus (H&A)
KI = Kathleen Isham (H&A)
SS = Sumner Sharpe (Cogan Sharpe Cogan)
NH = Nels Hall (Yost Grube Hall)
Please note this breakdown is our "best estimate" as of this
date. As the project proceeds, we may find that certain
work tasks require more or less work depending on such items
as : research, analysis, meeting, or presentation time.
Please call if you have additional questions.
cc Sumner Sharpe, Cogan Sharpe Cogan
Nels Hall, Yost Grube Hall
813 Southwest Alder Street,Suite 800 Portland,Oregon 97205 (503)226-6616