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08/12/1987 - Packet CITY OF TIGARD UTILITIES AND FRANCHISE COMMIrTrC MEETING AGENDA WEDNESDAY — AUGUST 12_s 1987 - 7:00 P.M. Tigard City Hall — Town Hall Conference Room Members: BENZ JACOBS .._......� McREYNOLDS ...__.._.— GE:ORGL_ _ a MISOVETZ IRWIN BARRETT �........___ 1 . Call to Order and Roll Call 2. Minutes of July 8, 1987 Meeting 3 . Rate Review Procedure 4. Telephone Franchise 5. Other Business TF 6. 6. Adjourn sb/0385D Calendar of regional forums This calendar is tentative and subject to change. For final details and registration information, call JJud1987 — J 1988 Mel Huie, local government coordinator, uly June at Metro, (503)220-1186. Open house and briefing on Metro's local government planning services Information will,be provider to cities and counties Review of the 1487 Oregon Legislature Therole and duties of We newly elected about translon planning,travel forecasts, official:procedures,policy development,bud- and its impact on local jurisdictions population and employment projections,economic p , P Topics to be covered include revenue issues, development and land use. gets,Roberts Rules of Order,ethics,etc. regional economic development strategies, convention center,transportation,boundary February Updating the regional solid waste commission,system development charges management plan and solid waste. The 1989 federal budget and Congressional intitiatives:' impact on state and local Vacant commercial and industrial lands 1 ' . governments inventories in the region: can they University services available to local be coordinated? jurisdictions,and Metro's intern assistance Program Land-use training seminar for planning com missioners and update on the Land Conser- Economic development and creating jobs' Water Resources Policy Alternatives vativn and Development Commission's p m small cities Annual committee meeting to review and (LCDC)periodic review requirements update the Regional Waste TreatmentResource recovery options as part of Metro's Regional growth Forum: a project to revise Management"208"Plan. solid waste management system � gr P 1 Metros 20-year population and employment Grantwriting workshop on tate new anti-drug- forecast abuse grants and Bureau of Justice Assistance block grants Update and progress report on Metro's P eriodic review of its urban growth boundary Housing in the region: two views The role of the planning commissioner Briefing on homeless issues and a site visit to (UGB)findings Northwest Portland's Beaver Hotel,which provides A new landfill for the region: where are we? shelter and social services. Also,a tour of the 1987 Street of Dreams in Washington County, December A parks and recreation resource inventory for the region Annual update on foundation and corporate Metro's 8th annual conference: giving in Oregon Staff from foundations and corporations will brief Regional growth allocation workshops: Regional Economic Development Iocal,�urisdictions and nonprofit organizations g g Sessions will cover regional strategies,marketing, a project to determine the distribution of industrial lands, infrastructure,recreation/culture/ about their programs and funding priorities. Metro's 20-year population and employment tourism,convention center and international trade. forecast O METRO aN c� O 7 A 00 Local government and regional issues Metro serves the urban areas of Clackamas, Calendar Multnomah and Washington counties and works cooperatively with 24 cities,three counties,Tri- 1' Met,Port of Portland,and state and federal agencies of re lona on, jonwide issues and projects. Transportation PLg,solid waste management,land-use planning,air and water quality,economic f Oram s development,public facilities planning,convention center,data services and criminal justice funding are programs which Metro coordinates at the regional level. An areawide parks inventory is currently being undertaken by Metro in concert with the state Parks and Recreation Division and local jurisdictions. Regional forums of interest to local jurisdictions Regional forum?-vide planning and grant information,and opportunities for local officials and July 1987—June 1988 staff to participate in the regional decision-making procczs. Speakers come from varied backgrounds- including ackgroundsincluding government,business,universities, foundations and nonprofit organizations.Topics wf lected based on Metro's work program and a SIL, s of cities and counties. All forums,except the annual conference,are free and held at Metro Center,2000 S.W.First Ave., Portland. Forum agendas will be mailed to local jurisdictions each month. Transportation planning Local transportation planners and elected officials meet monthly to deal with regional transportation matters. They will be holding a series of special meetings in the coming months to review transportation priorities in depth. 87205 V1-7 N W O O 4 "a M METRO �o Local government and regional issues Metro serves the urban areas of Clackamas, Calendar Multnomah and Washington counties and works cooperatively with 24 cities,three counties,Tri- • Met,Port of Portland,and state and federal agencies of regional on regionwide issues and projects. Transportation g planning,solid waste management, land-use f �g,air and water quality,economic O�l 1'Y1 C W &opment,public facilities planning,convention 1 a, m V center,data services and criminal justice funding are programs which Metro coordinates at the regional level. An areawide parks inventory is currently being undertaken by Metro in concert with the state Parks and Recreation Division and local jurisdictions. Regional forums of interest to local jurisdictions Regional forums provide planning and grant information,and opportunities for local officials and July 1987—June 1988 staff to participate in the regional decision-making process. Speakers come from varied backgrounds including government,business,universities, foundations and nonprofit organizations.Topics were selected based on Metro's work program and a survey of cities and counties. forums,except the annual conference,are free and held at Metro Center,2000 S.W.First Ave., Portland. Forum agendas will be mailed to local jurisdictions each month. Transportation planning Local transportation planners and elected officials meet monthly to deal with regional transportation matters. They will be holding a series of special meetings in the coming months to review transportation priorities in depth. 87205 Calendar of regional forums This calendar is tentative and subject to change. For final details and registration information,call Mel Huie, local government coordinator, July 1987 - June 1988 at Metro, (503)220-1186. Open houft arid-iriefing Metro's-sisal grner�taterit m�services lnfom tion W III be p vided to cities and co itties T-te rti-e and d of the new- a Ctet- evis w a�Y the 1.a.Oregon]begls-ature r and its impact t)ti taeai jarisdietiaas rariSpK)rtaticin Panning,travel forecastsa atl�s.ia-:p�caces- policy devekipins at,bud- population einplQyment llrojections,€=om Robert's Ruled,pf tl der,etbril et+c ,,,, Tics to be tesed inela�rsrusa issttes, develsgtnezit aril land use. ' rtgi€inal esrononc c��l€aptnenc strateges4 snvexitiaii cetitcr,transpr�rtatiitt,boundtiry Updating the Tana-said waste s�inm SW%system tlevelra-xneait sr nnanageritentt,p-ati slid waste. ...... Tlxe fs era-btid and tiu na- intititives: haat sin state and Yash amutersdal alit-imutr�ia--an�cls 1 gsirernmerit invent+ fes m the ren:grit they e eaaidinatt- � , rrti'sste asstaiice P! nsei ��eininar far p-shun-ng ni- }),� > itic *e-apm+ tit mid creatga niusnei# -ii-it-ati�a#n file Laaid unser= TT'tn`11� . ii 1�7yz k�'�tadve, + '. itaiti3iteik111� 3 Annual omit-t€e zau g to r teW and to ere +e iir pp+eats It ptlate tt Regi nal Waste Trs stent Resau t;ice r ecq a mttisius as part `l Tetrsi's iia- -i fs ritui: prsijet tflr revise 1V-anagetaeat" "P-ari. sv-id waste maim t s geeu Metra }- ear puiii-ati a emplaynt Gitwriting tears-moi an November t-te new assts-drug -arWas t -3ti5e grouts nit- urs'au ti-' tiee Assistance bttick tents Ups-ate stud re-tarp ta4e �S perladic + its arban€prawth bauadary H,ptismg ui"t-te tau: two v 'p"m r the p-sten-a etnissi�r riefiiig on Homeless WOO and a site Visit to ( fiudiii s ITorthu+est Portli's Bever I31,wbutcliid ne --atinx- far the�regls>n: where atre tee? shelter and social services. ,a tout of the -" 7 t�+ f lreas ashntPC ot i, -tar- auk ir+eat%r uieeiity Eli fur the regivu September Aunu uipt-ate on�itu66 b i aii rpai ate Men 's t-i annual s anfereitee -� ` tf fxccaxxi�dataoi anti etlaiis will brief , Rs, na-P�an�mic-�Yel+npana�eiit Reg%ita- r�nwt-i al�ac�atiai�r�narltsha Ssiortsswills11 1 catrs regisrial trategies,n�arltetig, jurisdtctons Arid nsinpr+oSt orgariitions p a rti eel to determine the thstributlan of industrial larids� srfrastruetttre,areczeatictti/cuitutf about girt P', gr and funding pricatities. 14etr *s t--year pair-atm and Hemp-aytut tourism,convention center grid nteritaticrEaa-trade. forst CITY OF TIGARD, OREGON ORDINANCE No. 82-JIL AN ORDINANCE RENEWING THE FRANCHISE OF GENERAL TELEPHONE COMPANY OF THE NORTHWEST, A WASHINGTON CORPORATION, ITS SUCCESSORS AND ASSIGNS THE RIGHT TO PLACE, ERECT AND MAINTAIN POLES, WIRES AND OTHER APPLIANCES AND CONDUC- TORS AND TO LAY UNDERGROUND WIRES FOR THE TRANSMISSION OF ELECTRICITY FOR COMMUNICATION PURPOSES IN, UPON, UNDER AND OVER THE STREETS, ALLEYS, AVENUES, THOROUGHFARES AND PUBLIC HIGHWAYS OF THE CITY OF 'TIGARD, OREGON, AND TO CONDUCT A GENERAL COMMUNICATION BUSINESS WITHIN THE CITY OF TIGARD; AUTHORIZING THE MAYOR TO ENTER INTO SUCH AGREEMENT; AND DECLARING AN EMERGENCY. The ten year franchise for the communication facilities and services provided by the General Telephone Company of the Northwest, described in the title of this ordinance is now before the City Council for renewal_, The Council believes that the franchise should be renewed under the terms and conditions set forth in Exhibit A, attached hereto, and by this reer_en.ce made a part hereof. NOW, THEREFORE, THE CITY OF TIGARD CITY COUNCIL ORDAINS AS FOLLOWS: Section 1. The terms and conditions of the attached franchise agreement, Exhibit A, are hereby approved and adopted as part of this ordinance as if specifically set forth. Section 2. The Mayor is authorized and directed to sign the attached agreement on behalf of the Council. Section 3. Because of the need to have stable telephone communication. and the need to have a stable revenue flow to the City from franchise fees, an emergency is declared and this ordinance shall take effect upon its passage. PASSED: By the Council, by unanimous vote of all Council members present: after being read two times by number and title only, this - day of , rc� 1982. Recorder - City of Tigard. APPROVED: By the Mayor, this day of �� fti , 1982. v Mayor - City of Tigard I + A FRANCHISE AGREEMENT GRANTING TO GENERAL TELEPHONE COMPANY OF THE NORTHWEST, INC. , A WASHINGTON CORP ODATIO-N, IT,S SUCCESSORS AND ASSIwJS 2 THE RIGHT TO PLACE, ERECT AND MAIMTAIN POLES, WIRES AND OTHER APPLI- ANCES AND CONDUCTORS AND TO LAY UNDERGROUND 4IIRES FOR THE TRANSMISSION 3 OF ELECTRICITY FOR COMMUNICATION PURPOSES IN, UPON, UNDER AND OVER THE STREETS, ALLEYS, AVENUES, .THOROUGHFARES AND PUBLIC HIGHWAYS OF 4 THE CITY OF TIGARD, OREGON AND TO CONDUCT A GENERAL COMMUNICATION BUSINESS WITHIN THE SAID CITY OF TIGARD, OREGON. 5 6 SECTION 1. Subject to the other terms and conditions set forth in 7 this document there is hereby granted by the City of Tigard to the General 8 Telephone Company of the Northwest, Inc. , a Washington Corporation, its successors and assigns; subject to the development ordinances and regulation 9 of the City, the right and privilege to conduct a general communication bus- 10 iness within the said City, or such other public property as may come within 11 the jurisdiction of the City during the term of this agreement. This for th 12 purpose of furnishing, as a public utility the products and services utilize 13 in providing telephone, telegraph, and other communication products and 14 services. This grant includes the right to erect, construct, place, replace 15 reconstruct, lay, maintain, and operate poles, wires, switching equipment, amplifying equipment, fixtures, facilities , appliances, structures and 16 other devices including, but not limited to , electronic, optical and 17 mechanical devices customarily associated with Grantee's function, and 18 purpose of serving as a common carrier of information for communication 19 purposes. 20 SECTION 2. It shall be lawful for Grantee to make all needful and. 21 necessary excavations in any of said streets, alleys , avenues, thoroughfares 22 and public highways. All work shall be in compliance with applicable rules, 23 regulations, ordinances or laws of the City or State, 24 25 Page One I SECTION 3. Prior to the commencement of any ordinary construction, 2 extension or relocation of any of Grantee's facilities upon, over, under, 3 or across any of the streets, highways , or other public property within the jurisdiction of the City, the Grantee shall advise the City's Department of 4 Public Works of the location of such proposed construction, extension, or 5 relocation and shall obtain from the City Engineer approval prior to 6 commencement of such work. Not less than 3 working days prior to commence- 7 ment of any work which might affect City utilities, Grantee shall give notic 8 to City's Maintenance Department for purposes of utility location. The 9 location of all such facilities shall be at places approved by the City. 10 SECTION 4. Whenever Grantee shall disturb any of the streets, alleys, 11 avenues , thoroughfares and public highways for the purposes aforesaid, it shall restore the same to good order and condition as soon as practicable 12 without unnecessary delay and failing to do so , City shall have the right 13 to fix a reasonable time within which such repairs and restoration shall be 14 completed and upon failure of such repairs and restoration being made by 15 Grantee, City shall cause such repairs to be made at the expense of Grantee. 16 The Grantee hereby agrees and covenants to indemnify and save harmless the 17 City and the officers, thereof against all damages, costs and expenses what- 18 soever to which it or they may be subjected in consequence of negligence of the Grantee, or its agents or servants, in any manner arising from the right 19 and privileges hereby granted. 20 SECTION 5. The City, by its properly constituted authorities, shall 21 have the right to cause the Grantee to move the location of any pole, under- 22 ground conduit or equipment belonging to Grantee whenever the relocation 23 thereof shall be for public necessity, and the expense thereof shall be paid 24 by the Grantee. Whenever it shall be necessary for public necessity to 25 remove any pole, underground conduit or equipment belonging to Grantee or Page Two I 1 on which any wire or circuit of the Grantee shall be stretched or fastened, 2 the Grantee, shall , upon written notice from the City, or its properly con- 3 stituted authorities, meet with City'-representatives and agree in writing to 4 a plan and date certain to remove such poles , underground conduit, equipment wire or circuit, at Grantee's expense, and if the Grantee fails, neglects 5 or refuses to do so, the City, by its properly constituted authorities, may 6 remove the same at the expense of the Grantee. 7 SECTION 6. Whenever it becomes necessary to temporarily rearrange, 8 remove, lower or raise the wires, cables or other plant of Grantee for the g passage of buildings, machinery or other objects, Grantee shall temporarily 10 rearrange, remove, lower or raise, its wires, cables or other plant as the 11 necessities of the case require; provided, however, that the person or 12 persons desiring to move any such buildings, machinery or other objects, shall pay the entire actual cost to Grantee of changing, altering, moving, 13 removing or replacing its wires, cables or other plant 'so as. to permit such 14 passage, and shall deposit in advance with Grantee a sum equal to such cost 15 as estimated by Grantee and shall pay all damages and claims of any kind 16 whatsoever, direct or consequential , caused directly or indirectly by 17 changing, altering, moving, removing or replacing of said wires, cables or 18 other plant, except as may be occasioned through the sole negligence of Grantee Grantee shall be 19 given not less than ninety-six (96) hours written 20 notice b th o y e party desiring to move such building or other objects . Said notice shall detail the route of movement of such building or other objects 21 over and along the streets , alleys , avenues , thoroughfares and public high- 22 ways and shall bear the approval of the City. Such moving shall be with as 23 much haste as possible and shall not be unnecessarily delayed or cause 24 Grantee unnecessary expense or waste of time. 25 Page Three I SECTION 7. In consideration of the rights and privileges hereby 2 granted, City shall have, and Grantee hereby grants to it, the right and 3 privilege to suspend and maintain wires and necessary control boxes on 4 poles placed by the Grantee in the streets, and other places aforesaid, or if such wires are placed underground, to place/maintain in the pipes or 5 conduits of Grantee, if space therein is available, wires which City may 6 require for fire and police purposes. All such wires shall be placed on 7 the poles or in conduits so as not to interfere with communication service 8 and shall not carry currents or voltage dangerous to telephone plant or 9 telephone users and all installation, maintenance and repairs shall be 10 subject to the rules, regulations and supervision of the Grantee. City 11 agrees in consideration of the establishment of this service and the furnishing of such facilities to hold Grantee entirely free and harmless 12 from all claims or liability for damage which may arise out of the operation 13 of these special services. 14 As further consideration Grantee agrees to g pay to City 3% (three 15 percent) of the gross annual revenue for local exchange service rendered 16 subscriber within the city limits, such revenue to be determined in accord- i7 ance with the lawful rates and rate groupings applicable to the exchange, 18 exclusive of extended area service. Such payments shall be made by Grantee 19 on or before March 15 of each year for the calendar year preceeding and the first and last payments shall be for the fractional part of the calendar 2.0 year, during which this franchise is in effect. 21 SECTION 8. It is understood and agreed that the percentage to be 22 paid to the City by Grantee under the terms and provisions of Section 7, 23 above, is the standard franchise fee paid by the Grantee to other cities it 24 serves for the rights, privileges and franchises of the nature contemplated 25 herein, and in the event that during the term hereof the Grantee shall agree Page Four I in a negotiated franchise to pay any city in Oregon a percentage rate of 2 compensation exceeding that provided for herein, said increased rate of 3 compensation shall thereafter be payable to the City and this ordinance and franchise shall be amended accordingly. 4 SECTION 9. The rights, privileges and franchise hereby granted 5 shall continue to be in full force for a period of ten (10) years from the 6 date of its passage. However, this franchise shall be inoperative unless 7 it is accepted in writing by the Grantee within sixty (60) days after the 8 date of its passage. 9 . 10 11 12 13 14 INTRODUCED AND ADOPTED this - day of „e� 1982 15 16 CITY OF TIGARD, OREGON 17 18 Mayor 19 ATTEST: 20 21 22 . Al 23 City Recorder 24 25 Page Five I General Telephone Company of the Northwest, Inc. , a corporation, 2 hereby unconditionally accepts Ordinance No. 82-12 of the City of Tigard 3 and all of the terms, provisions and' onditions thereof, saiO Ordinance 4 No. 82-12 being entitled: 5 An Ordinance granting a non-exclusive telephone utility franchise to General Telephone Company of the Northwest, 6 Inc. , fixing terms, conditions and compensation of such franchise. 7 Which said Ordinance No. 82-12was passed and adopted by the Council 8 and approved by the Mayor of said City of Tigard on the 8th day of 9 March , 1982. 10 11 IN WITNESS WHEREOF said General Telephone Company of the Northwest, 12 Inc. , has caused this acceptance of said Ordinance to be signed by its Vice 13 President, and its corporate seal to be affixed hereto and attested by its 14 Secretary, this 29th day of March 1982. 15 16 GENERAL TELEPHONE COMPANY OF THE NORTHWEST, INC. 17 18 I B Vice President 19 20 ATTEST: 21 22 23eretary;- / 24 25 Page Six y � .. �J,'.•9..ter Schmidt' s Sanitary Service. Inc. x'41, 8325 S.W. Ross Road t`` 1 Tigard, Oregon 97224 639-5655 39-2378 198, Dear Customer, Please be advised that your account is pa$4t due. We will continue your service only through- this month. Am (o ws-r Please send full payment or call to arrange payment plan. If you have any questions, . don' t hesitate to call. Mary Schmidt, bookkeeper Schmidt' s Sanitary 61 lid N l to l Q� 54 7�nol 614 )133 31e� cv .1. J U L ~ 1987 Pacific Northwest Bell Susan M.Corey CITY OF TIGARO 421 S.W.Oak St. Community Affairs Manager Portland.OR 97204 (503)242-4619 June 26, 1987 Loreen Wilson City Recorder P.O. Box 23397 Tigard, OR 97223 Dear Ms. Wilson: Pacific Northwest Bell operates in your city under the terms of Franchise Ordinance No. 73-23. That Ordinance was effective July 23, 1973, and runs for a term of twenty years. Section 13 of Ordinance No. 73-23 provides that ' the Company shall have the right to cancel this franchise by written notice to the City given at any time within sixty (60) days and such cancellation shall then become effective thirty (30) days after receipt of said notice by the City." Pacific Northwest Bell hereby provides written notice that it wishes to cancel Ordinance 73-23, or more precisely that it wants to renegotiate the terms of Section 10(b) of Ordinance 73-23 to remove from the franchise fee base, revenues received from competitive services. This change will better reflect the growing competitive nature of our business. Section 10. (b) In consideration of the rights, privileges, and franchise hereby granted, said Grantee, Pacific Northwest Bell Telephone Company, its successors and assigns, shall pay to the City of Tigard from and after the effective date of the amendment to this franchise, and until the franchise's expiration, annually, three percent (3%) per annum of its gross local service revenues derived from services other than competitive services within the corporate limits of the City of Tigard less net uncollectibles and revenue paid directly to the Grantee by the United States of America or any of its agencies. Services that are competitive for purposes of this franchise include Grantee's Centrex and Centrex type services such as Corecom, Private Line and Private Line type services such as Digicom, Radio type services such as Mobil Communications and Bellboy, the provision of inside wiring and any PNB service that is now or hereafter the subject of detariffing, x e Loreen Wilson City Recorder June 26, 1987 Page 2 regulatory forbearance or deregualtion by the Oregon Public Utility Commission. Revenues derived from competitive services shall be excluded from the franchise fee base under this franchise. The reasonable value of any utility service or the use of any Grantee facilities used or reserved for use by the City without Grantee's prescribed charges shall be credited toward any payment due the City under this provision. Payment of said three percent (3%) shall be made on or before the fifteenth day of March of each and every year for the calendar year preceding, with the exception that in the year 1987, payment shall be made under the terms of the amendment only for the period commencing on the date the amendment to this ordinance becomes effective and ending December 31, 1987. Such three percent (3%) made by the Grantee will be accepted by the City of Tigard from the Grantee, also in payment of any license, privilege or occupation tax or fee for revenue or regulation, or any permit or inspection fees or similar charges for street openings, installations, construction or for any other purpose now or hereafter to be imposed by the City of Tigard upon the Grantee during the term of this franchise. I will be contacting you in a few days regarding this request. Sincerely, an OF TIQUO am= a ORDIMANO 1100 AN ORDINANCE O ANTrN TO PACIFIC VORTMWEST BILL TELVRONE COMPANY, AN OREGON CORPORATION, ITS SUCCESSORS AMD ASSIGNiS, THE RIGHT TO PLACE, ERECT AND MAINTAIN POLES, WXJ= AND OTHER APPLIANCE8 AND CONDUCTORS AND TO LAY UNDERGROUND WIRES FOR COMi WCATION PURPOUES, IN, UPON, UNDER, OVER AND ACROSS THE STREETS, ALLEYS, ROADS AND OTBER PUBLIC MAYS AND PLACES. WITHIN THE CORPORATE LIMITS OF SAID CITY, AND TO COMDUCT A GMMRAL TELEPHONE BUSINESS WITHIN SAID CITY OF TIGARD, PRBSCRISING TERM AND CONDITIONS, REPEALING Ordinance No. 72-57, FIXUG EF7=74 .DATE,rMDECL-A G AN ZHERGBNCi. THE CITY OF TIGARD ORDAINS AS F'OLLO'WS: Section 1: That Pacific Northwest Sell Telephone Company, an Oregon corporation, hereinafter saistimas referred to as the "Company" or the "Grantee", is hereby granted, subject to the term and conditions hereof, the franchise right and privilege to erect, construct, maintain and operate a general casnnication system and business within the corporate limits of the City of Tigard, herein sowtines referred to as the "City", as the same now exist or may be hereafter constituted, and the franchise right and privilege to erect, construct, maintain and operate poles, wires, fixtures, equipment, underground circuits and other property necessary or convenient to supply the City and the inhabitants thereof and other persons and territory with telephone service, upon, over, along, under and across the streets, alleys, roads and other public ways and places within the corporate limits of the City as the same now are or nay be hereafter constituted. All poles, wires, fixtures, equipment, underground circuits and other property owned or in possession of the Company now located within the corporate limits of the City shall be deemed to be covered by the terms of this ordinance and to be located in accordance therewith, and the location and placement thereof is hereby approved. The City reserves the right to vacate, alter, or close any street, bridge or public place, but in so doing will give due regard to the presence of Company's facilities and the continued rendition by Company of service to the public. The city shall not require the Company to remove or relocate its facilities or vacate any street, alley or other public way incidental to any public housing or renewal project under ORS Chapters 456 or 457 without reserving Company's right therein or without requiring Company to be compensated for the costs thereof. Section 2: This franchise is granted for a period of 20 years from the effective date of this ordinance unless sooner terminated as provided in this ordinance, but the Council of the City of Tigard may terminate this franchise at any time after 10 years from the effective date hereof upon 6 months' notice in writing to the Company. Section 3: That the Company shall file with the City Engineer, or other City official designated by the City, maps or sketches showing any proposed line construction work to be done by the Company in any street, alley, road or other public way or place prior to undertaking such work, and such construction work shall be done in a reasonably safe manner subject to the approval of the official designated by the Council of the City and in accordance with requirements of applicable State laws and City ordinances. Section 4: It shall be lawful for Pacific Northwest Bell Telephone Company, its successors and assigns, to make all needful excavations in any of such streets, alleys, avenues, thoroughfares and public highways, places and grounds in said City for the purpose of placing, erecting, laying and maintaining poles or other supports or conduits for said wires and appliances and auxiliary apparatus or repairing, renewing or replacing the same. Said work shall be done in compliance with the necessary rules, regulations, ordinances or orders, which may during the continuance of this franchise be adopted from time to time by the City of Tigard. Section 5: That when any excavation shall be made pursuant to the provisions of this ordinance, the Company shall restore the portion of the street, alley, road or public way or place to the same condition to which ;; ..•� ..:,�ae�.t:fi:'..,,. .... 0000 .. .. ., ,..�,.G�"�#+�ar'"�a - 2 - it was prior to the excavation thereof; and all work shall be done in strict compliance with the rules, regulations, ordinances or orders which may be adopted from time to time during the continuance of this franchise by the Council of the City or as may be otherwise provided by law. Section 6: That the City, by its properly constituted authorities, shall have the right to cause the Company to move the location of any pole whenever the relocation thereof shall be for public necessity or convenience, and the expense thereof shall be paid by the Company except as provided in Section 1. Section 7 : That nothing in this ordinance shall be construed as in any way to prevent the City from severing, grading, paving, planking, repairing, widening, altering or doing any work that may be desirable on any of the streets, alleys, roads or public ways or places; but all such work shall be done, if possible, in such manner as not to obstruct, injure or prevent free use and operation of the said telephone system of the Company. Section 8: That whenever it shall be necessary in severing, grading, or in making any other improvement in any street, alley, road or other public way or place, to remove any pole, underground conduit or equipment belonging to the Company or on which any wire or circuit of the Company shall be stretched or fastened, the Company shall, upon twenty (20) days' written notice from the City, or its properly constituted authorities, remove such pole, underground conduit, equipment, wire or circuit; and if it fails, neglects or refuses so to do, the City, by its properly constituted authorities, may remove the same at the expense of the Company, except that in the event such removal would require a major rearrangement of underground conduit the City will give the Company sufficient time to perform such rearrangements. Section 9: Whenever it becomes necessary to temporarily rearrange, remove, lower or raise the aerial cables or wires or other apparatus of the Company to permit the passage of any building, machinery or other object moved over the roads, streets, alleys, avenues, thoroughfares and public highways within the City, the Company will perform such a rearrangement within a reasonable period after written notice from the owner or contractor- mover desiring to move said building, machinery or other objects. Said notice shall bear the approval of the Engineer for the ,City, shall detail the route of movement of the building, machinery or other object, shall provide that the costs incurred by the Company in making such a rearrangement of its aerial facilities will be borne by the contractor-mover and shall further provide that the contractor-mover will indemnify and save the Company harmless of and from any and all damages or claims of whatsoever kind or nature caused directly or indirectly from such temporary rearrangement of the aerial facilities of the Company, and if required by the Company, shall be accompanied by a cash deposit or a good and sufficient bond to pay any and all such costs as estimated by the Company. Section 10: That the rights and privileges granted by this ordinance are granted upon the conditions herein contained and also upon the following considerations and conditions, to-wit: (a) That Pacific Northwest Bell shall, within thirty (30) days after the effective date 'of this ordinance, file with the City Recorder its written acceptance of this ordinance, subject to all the terms, obligations, restrictions and provisions of this ordinance; and upon the expiration of the allotted time for the acceptance of this ordinance, the same not having been accepted unconditionally, then this ordinance shall become wholly void, inoperative and of no effect. (b) In consideration of the rights, privileges and franchise hereby granted, said Grantee, Pacific Northwest Bell Telephone Company, its successors and assigns, shall pay to the City of Tigard, from and after the date of acceptance of this franchise, and until its expiration, annually, three per cent (3x) per annum of its gross local service revenues derived from services within the corporate limits of the City, less net uncollectibles and revenue paid directly by the United States of America or any of its agencies. The reasonable value of any utility service or the use of any Company facilities used or reserved for use by the City without charge shall be credited toward any payment due the City under this provision. .. 3 - Payment of said 3% shall be made on-or before the 15th day of March of each and every year for the calendar year preceding, with the exception that in the year 1974 payment shall be made only for the period commencing on the date this franchise becomes effective and ending December 31, 1973; and such 3% payment will be accepted by the City from the Company also in payment of any license, privilege or occupation tax or fee for revenue or regulation, or any permit fees or similar charges for street openings, installations, construction or for any other purpose now or hereafter to be imposed by the City upon the Company during the term of this franchise. (c) Acceptance by the City of any payment due under this section shall not be deemed to be a waiver by the City of any breach of this franchise occurring prior thereto, nor shall the acceptance by the City of any such payments preclude the City from later establishing that a larger amount was actually due, or from 'collecting any balance due to the City. (d) That in consideration of the agreement of the Company to - make such payments, the City agrees that no license, tax or charge on the business, occupation or franchise of the Company shall be imposed upon, exacted from or required of the Company by the City during the term of this ordinance, but this provision shall not exempt the property of the Company from lawful ad valorem taxes or from any local improvement assessment. Section llt That the Company hereby agrees and covenants to indemnify and save harmless the City and the officers thereof against all damages, costs and expenses whatsoever to which it or they may be subjected in consequence of negligence of the Company or its agents or servants, in any manner arising from the rights and privileges hereby granted. Section 12: That the franchise hereby granted shall not be exclusive and shall not be construed as any limitation on the City to grant rights, privileges and authority to other persons or corporations similar to or different, from those herein set forth. Section 13: All rights are reserved to the City, and the provisions of the city charter and State statutes applicable hereto shall be deemed incorporated by reference and made a part of this franchise; provided that the Company shall have the right to cancel this franchise by written notice to the City given at any time within sixty (60) days and such cancellation shall then become effective thirty (30) days after receipt of said notice by the City. Section 14: Inasmuch as Ordinance No. 72-57 enacted by the Council on October 9, 1972 and Ordinance No. 73-20 enacted on July 9, 1973, are hereby superseded, said Ordinances Nos. 72-57 and 73-20 be, and the same are, hereby repealed. Section 15: Inasmuch as it is necessary for the peace, health and safety of the people of the City of Tigard that the sources and rates of revenue from public utilities within the City be maintained on a current basis, an emergency is hereby declared to exist, and this ordinance shall be effective upon its passage by the Council and approval of the Mayor. PASSED: By unanimous vote of all Council members present, after being read three times by number and title only, this 2 3 day of 1973. Recorder - City of Tigard APPROVED: By the Mayor, this day of. 1973. s o 4one Mayor - City of Tigard By.. A,tnm-ey firPa fic horthvF,t Geil Tel�p WRITTEN ACCEPTANCE OF ORDINANCE NO. 73-23 CITY OF TIGARD, OREGON TO THE MAYOR AND COUNCIL OF THE CITY OF TIGARD: WHEREAS, on the 23rd day of July, 1973 the Council of the City of Tigard, Oregon passed Ordinance No. 73-23 entitled: AN ORDINANCE GRANTING TO PACIFIC NORTHWEST BELL TELEPHONE COMPANY, AN OREGON CORP ORATION, ITS SUCCESSORS AND ASSIGNS, THE RIGHT TO PLACE, ERECT AND MAINTAIN POLES, WIRES AND OTHER APPLIANCES AND CONDUCTORS AND TO LAY UNDERGROUND WIRES FOR COMMUNICATION PURPOSES, IN, UPON, UNDER, OVER AND ACROSS THE STREETS, ALLEYS, ROADS AND OTHER PUBLIC WAYS AND PLACES WITHIN THE CORPORATE LIMITS OF SAID CITY, AND TO CONDUCT A GENERAL TELEPHONE BUSINESS WITHIN SAID CITY OF TIGARD, PRESCRIBING TERMS AND CONDITIONS, REPEALING Ordinance No. 72-57, FIXING EFFECTIVE DATE AND DECLARING AN EMERGENCY. WHEREAS, said ordinance was duly signed on the 23rd day of July, 1973, by the Mayor of said City, and attested by the City Recorder; WHEREAS, said ordinance was granted upon the condition that the said grantee shall, within thirty (30) days of the passage and approval of said ordinance, file with the Recorder of the City of Tigard its. written acceptance of all the terms and conditions of said ordinance; WHEREAS, there is a clerical error in said Ordinance in that in the title thereof and in Section 1 thereof the grantee is referred to as "an Oregon corporation", although the fact is that said grantee, Pacific Northwest Bell Telephone Company is a corporation organized and existing under the laws of the State of Washington, duly authorized to do business, and doing business, in the State of Oregon and is the only corporation doing business in Oregon under that name; NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS, that Pacific Northwest Bell Telephone Company does hereby accept Ordinance No. 73-23 and all the terms and conditions of said ordinance. IN WITNESS WHEREOF, Pacific Northwest Bell Telephone Company has caused this acceptance to be duly executed this / j�k day of August, 1973. A pprove ,as to Form PACIFIC NORTHWEST BELL TELEPHONE COMPANY ''Vice .!'resident and General Crnrnsel By Vice Pre.i,djh t Attest: !� ,Assistant S cretary Reccipt of the original of the duly executed acceptance by Pacific Northwest Bell Telephone Company of all the terms and conditions of that certain Ordinance No. 73-23 Of the City of Tigard, Oregon, is hereby admitted this (r day of 11ur 1973. Recorder of the Ci y of T 1 rd -- ' COUNCIL AnPMRA TTEM SUMMARY ISSUE/AGENDA TITLE: __,mend *'**-- PREVIOUS ACTION: __RRi2lution OT 6g___ POLICY ISSUE In order to correct errors in an exhi6it referenced by a resolution, the resolution must be amended . Resolution 87-62 dated 5/4/87 was passed by Council to pano through to citizens of Tigard the increase in Metro' s Dump Fees effective 4/1/87. Exhibit # of this resolution outo forth the per can and per container- rates that may be charged ' We have determined that Exhibit A does not accurately reflect y refleot the rates to be charged for the pickup of container's of loose and compacted material. In order to reflect the correct rates in Exhibit A' Resolution 87-62 must be amended. This action does not alter the rate increase as set forth in Section 1 of Resolution 87-62. This action only corrects Exhibit A in the translation of the approved rates into the loose and compacted container rate schedule. 1 . Approve the attached Resolution to amend Resolution 87-02. 2. Disapprove. FISCAL IMPYCT None SUGGESTED ACT!jON Staff and the Utility and Franchise Committee recommend approval of the attached Resolution. RESOLUTION NO. 87-______ Page 1 CITY OF TIGARD, OREGON RESOLUTION NO. 87—_.._ A Resolution of the Tigard City Council to amend Resolution 87-62 dated 5/4/87. WHEREAS, The City Council approved Resolution 87-62 dated 5/4/87 to increase solid waste rates by $. 15 per can per month, $.23 per cubic yard of .loose materials and $.52 per cubic yard of compacted material to pass through to citizens increased dumping fees effective 4/1/87. WHEREAS, Exhibit A referred to in Section 1 of that Resolution has been found to be in error in the application of the increased rates for containers or loose and compacted material. WHEREAS, in order to correct an exhibit referenced by an approved resolution, the resolution must be amended to incorporate the revised exhibit. NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: Section 1: -Resolution No. 8762 Exhibit "A" be amended as shown in the attached Exhibit "A" . PASSED: This. _ day of 1987. Mayor — City of Tigard Al"'TEST: City Recorder — City of Tigard RESOLUTION NO. 87— Page 3 EXHIBIT "A" (Cont. ) AMENDED CITY OF TIGARD CONTAINER SERVICE - LOOSE (Monthly Rates) Container Size Stops Per Week One Two Three Four Five One Yard 49.20 91 .09 130.99 Each Additional One and 1/4 Yards 57.44 105.69 151.64 196.28 235.03 Each Additional 51 . 14 94. 19 135.44 175.28 210.03 One and 1/2 Yards 65.49 126.39 181 .09 230.18 278.48 Each Additional 60.09 111.39 163 .09 205.98 248. 18 Two Yard 86.39 163 .89 234.08 297. 17 358.77 Each Additional 78.29 143 .89 201.08 252.97 303 .87 Three Yard 111.79 209.98 297.07 373 .87 457.45 Each Additional 102.79 194.98 279.17 361.86 442.45 Four yard 137.08 256.68 374.86 479.04 575.44 Each Additional 129.08 248.68 362.86 470.94 564.54 Five Yard 159.48 307.99 449.55 583 .83 701 .62 Each Additional 154.28 292.67 427.05 555.93 676.62 Six Yard 176.78 340.36 497.94 645.32 789. 10 Each Additional 170.68 328.36 479.84 615.72 751 . 10 Eight Yard 214.57 411 .45 598 . 12 776.99 944.47 Each Additional 206.30 395.45 574.32 745.09 904.47 CONTAINER SERVICE - COMPACTED (Monthly Rates) Stops Per Week Container Size One Two Three Four Five One Yard 113 .55 209.01 299.76 388. 11 464.47 Two Yard 173 .30 328.82 469.72 596.42 720.24 Three Yard 224.25 421 .43 596.58 750.63 918.91 cs/0322D RESOLUTION NO. 87-,__....... i Page 3 METRO 2000 S.W.First Avenue Portland,OR 97201-5398 503/221-1646 Aug. 3, 1987 Dear VIP, I'm pleased to advise you that Metro's new solid waste director, Rich Owings, is now on board and hard at work. We're extremely lucky to have found someone as capable as he. Not only does he have an extensive background in all aspects of solid waste management, but he is familiar with the Northwest and the Portland Metro Council area. Rich was director of facilities and operations for the city of Seattle's Richard Waker solid waste utility, where he was responsible for the closure of two landfills Presidingii2 Officer and managed a $21-million budget with a staff of 115. Jim Gardner Deputy Presiding Previously, he was director of the solid waste division of DDtrict3 Snohomish County in Everett, Wash., where he initiated programs to site Mike Ragsdale a new landfill and transfer station; director of environmental management District 1 for Lane County in Eugene, where he developed a plan for resource DistrictKirkpatrickrecovery and implemented a curbside recycling program; and a planner TomDeJardin with the Port of Portland, where he managed several waste reduction District 5 George Van Bergen programs. District Rich has a master of science degree in physical chemistry from the Sharron Kelley District 7 University of Portland and a bachelor of science degree from Pacific Mike Bonner Lutheran. District Our solid waste system is on the verge of great change; Rich District Collier Owings has the kind of experience and know-how to see those changes Larry Cooper through. District 10 g David Knowles You're invited to meet him and share your views at a reception from District 11 5 to 6:30 p.m. Monday, Aug. 24, at Rian's Atrium, 100 SW Market St., DstriHansen Portland. Parking is free after 5 p.m. Executive Officer Rena Cusma Si ncer ly, f Rena Cusma Executive Officer i Metro's message: • f Recycling is easygpw 45,0 �� t4L � "Relievelass pain. Recycle." • g P Y "The show attracts many people looking for their first home," she said. "We want to "Recycle tin. Seconds flat." remind them that recycling is an investment � in the future. It saves energy, natural "Trashy paper back. Recycle." resources and makes the world a better place for our children." 1 � s s r r With that play-on-words approach, Metro isT r711 fire f�a `' FLi> r �' }��. launching this summer's recycling Metro's display will be located in House 13, campaign. n y s �E n "Recycling doesn't take much time,requires next door to the KGW giveaway house. � ��< 1 little storage space and reduces the amount of Herb Morrisette is the builder. "The campaign adds a touch of humor to g P za recycling," said Vickie Rocker, director of refuse going into the landfill,"Rocker said. Y g>" The Street of Affordable Homes is located in Metro's Public Affairs Department. Cotswald Meadows 3 subdivision(near Metro will be offering a crash course on Southwest Scholls Ferry Road and The message is that it is easy to separate and recycling at the Street of Affordable Homes Southwest 135th Avenue). Hours for the � store Y recyclable items at home—as easy as in Tigard June 19-28. 5 �� Y show, sponsored by Northwest Natural GasE placing items in a brown paper bag. Company, are 11 a.m. to 8 p.m. "0 The Street of Affordable Homes is a perfect The campaign, designed by Coates P Advertising, continues the"Save the earth place to promote recycling, according to r with a brown paper bag"theme. Rocker. 1 errs r y Bulk rate n yrF r U.S. Postage � PAID s ? R .2rs.w.First�lgenu Portland, OR T �� Pbrtland,OR 97 11539$ Permit No. 1912 �L 503/24-1W r r trarlitaun Service District was ne ANT d vats is 1° 7 to handle r s in the "arm',L1 Clack S,l ultroTrlalh and W gton nts., Me#rct isslsunsille ft>r solid a�;clis�l;rtt _owof the NahingbonPark,lZm. UW aton.` e . tccl mal•services to head 8 vrntraents.and 'Oregon C€ oft ie' FINANCE DIRECTOR � Gctttaci�by district are. CITY OF T I GAR Ii PO BOX 23397 � Djst l' Mike RaksW,e. T I GARD OR 97223 Det 2 Riebard Waker District 3, Jim Gari District 4 Corky Kifigmtrick, District 5 TOM District 6 Gep Vain Bergen District 7 Sharron Kelley District 8 Mike Bonner District 9 Tanya Collier District 10 Lary Cooper { District 11 David Knowles District 12 Gary Hansen �� Ipl�ll ��Dli Executive officer Rena Cusma Time dated material KY Partnershi ormin Resource recovery pf g to plan regionwide moves closer to solid waste system recommendation A regional partnership is being formed to The leadership group helping to form the Steve Larrance, a Washington County management . • entnt tai effApril '6 Plan a solid waste mana ement s stem for partnership consists of Cusma and Metro commissioners oke in favor of the bypass , podd ��on a�the Portland metropolitan area. Councilor Richard Waker; Lloyd Anderson, at the Ma 28 meeting, "We're read to Port of Portland; Bonnie Hays,Washington started,"he said. The bypass has been in the f i ° r men ted The group will advise the Metro Council County;Bob Koch,city of Portland;Dale county's comprehensive plan since 1983 evioN on planning and siting solid waste facilities Harlan, Clackamas County; and Gladys and the county has set aside funds from its abexerts regionwide through a forum of local McCoy, Multnomah County. serial levy for preliminary engineering of �� r � to�ticgst: governments,refuse haulers, citizens and the bypass. � � other interested parties. Meetings in May and June included a June 5 � A a A, 9 dn �d kick-off meeting for representatives from The bypass is estimated to cost$150 �� ' g ntcltzied The partnership concept is patterned after local governments. Once the full million and can be divided into as many as Metro's successful Joint Policy Advisory partnership is formed and begins meeting seven stages to be built during an extended �f,_7 AJ s t dt ding ®; Committee on Transportation(JPACT). regularly, task forces will study technical period as the different stages are needed andww JPACT meets monthly to reach consensus issues such as facilities,land use and siting. as limited resources become available. The ' �wt� � _ ad.a`scl 1 on federal funding for transit and highway first section of the bypass,from I-5 torefuit "� � Fttivezty improvements in the region. Priorities are The formation of the solid waste partnership 99W,could stand alone if the remainder is ;w �' �'ice . utr t were forwarded as recommendations to the Metro is supported by many local jurisdictions. not built. . Council—which makes the final decision. "It's been my observation that land-use � g a complications have delayed Metro's progress In addition to the bypass concept,the study IF0 °perove The solid waste partnership will operate in in siting solid waste facilities,"said Harlan, also deals with a number of other proposed _ e rY 1 a similar manner to develop a comprehensive a Clackamas County commissioner. "We improvements not affected by the bypass ®_ s u*W iew � ,.�,. held public solid waste plan for the region. "We need need to recognize this as an area-wide which need to be implemented under any � � t ri y00 ins,Clackmm to build wider cooperation in the decision- problem and that all jurisdictions will need circumstance. - S� gass and tall making process for siting solid waste to contribute their part in planning for + �t facilities,"said Rena Cusma, Metro necessary facilities where they best serve the Proposals include road widenings, �- ° -anfir int : eon xecutive executive officer. "The reason we have a region."0 interchange improvements and solid waste problem is the lack of a transportation system management �� Cio* part comprehensive regional plan." improvements (signals,turn lanes, etc.). a � + � ., .y.� The study also recommends widening Y Sunset Highway and Highway 217. E �fn �, � pte .to Approve a Solid waste management plan project organizational chart g Y g Y tiainrmire vendors . �' The overall program will be done in stages Metra Council—Adoption.and as financing becomes available with Metro Council implementation of plan, at priority placed on those improvements that correct the most immediate problems. mri Key leaders Consensus buMpg .,: partnership.Policy recomm datit � The total cost to meet the 20-year highway to council. , Ke leaders improvement needs on the Westside is $524 y Technical task force million Technical � =�Ter�ax grtaup. Broad membership of engine,public " � works representatives,land tie�ar�iters, haulers and citizens. n �€ iw Technical task forces` Advisory team—Provides periodic advice to staff regarding process and plant contennt.' �. Staff Advisory team fi r a. tnftl 7 Metro Council approves Basic design and 11nancing Southwest Corridor Study; of Oregon Convention Center western bypass top priority moved ahead this spring The Metro Council has given its stamp of a t saw The Oregon Convention Center is taking approval to the Southwest Corridor Study, shape with approval of a basic design . paving the way for Washington County to ""�"""'� conce t. Ci and state financing took IM . ,fi P City g begin preliminary engineering on the =n : several steps forward, a marketing study P county's top priority from the study—the was launched and an art advisory western bypass linking Interstate 5 with .- committee convened. Sunset Highway. At three p design Design update — public A resolution adopting the study wasforums in April p and May,Y � f citizens discussedt approved by the council on May 28. ' design ideas with the architects, Amendments called for in the study will now ; the local firm of Zimmer Gunsul Frasca be included in the Regional Transportation �5 Partnership. Design preferences were Plan, the area's priority list of highway and �' incorporated into a basic concept. transit improvement projects. i y In the conceptual plan,the convention center Metro, the Oregon Department of �` faces a large plaza. Across the street is the Transportation and affected local jurisdictions ' light rail line and a possible future MAX undertook the study two years ago to address station. The entrance from the plaza features unresolved transportation problems in the I-5 a curved lobby serving a ballroom for and Highway 217 corridors. special events. Two main lobbies lead to Andy Cotugno right answers questions about western bypass at inler�iorial three adjoining exhibit areas. The exhibit Twin towers are under consideration for the $85-million Oregon Convention Center. Three major components of improvements area space totals 150,000 square feet that can Conceptual design features three flexible exhibit areas and a ballroom for special session prior to April 15 public hearing on Southwest Corridor Study. in the corridor are recommended as the most be divided for flexible use and multiple events. Center will be built on 17-block site between Union Avenue and I-5 cost-effective way to address the problem and events. Behind the exhibit area is a service near the Willamette River. serve the increased growth in Washington bay for truck loading and unloading. County. In addition, affected jurisdictions have being adopted is essentially the principle that parking for approximately 1,000 cars is adopted the study recommendations for there be a bypass. Most of the people who Committee members include Metro on July 8. It is anticipated that the provided to the south of the building. • expanded transit service throughout the inclusion in their respective comprehensive had comments and concerns at the hearing Councilor David Knowles, chair; property in the proposed district will benefit plans. had detailed questions that we can't answer Robert Frasca,project architect; Tuck economically from proximity to the region The concept was accepted in May by the P J • improvements to major parts of the now. Advisory Committee on Design and Wilson, Metro's project manager for the convention center. A JPACT-sponsored public hearing in mid- convention center; L Kirkland, artist; highway system Construction and by the Metro Council azTY • improvements to the rest of the arterial April drew more than 160 people,most "We're establishing a corridor, so there's Convention Center Committee. The next and Carol Edelman, interior designer. Ongoing marketing and operations will be testifying in favor of the bypass. Support room to assure that the impacts are financed by a Multnomah County system. step is schematic design, which will came from a number of citizens and minimized within that corridor,"he said. "It Funding Last November, tri-count hotel/motel tax approved in mid-1986. representatives from Washington County, will be much later in the process, several develop the concept into an architectural g— Y Metro, in its responsibility as the regional P g Y P design. Public forums in July will review voters approved a$65-million bond issue transportation planning agency,comes into Hillsboro,Tigard,Tualatin, Sherwood, years down the line,that we know the the schematic design. to cover the majorityof the $85-million Marketing update—Once the convention the picture at two points: to incorporate the Wilsonville,North Plains, Durham,I-5 specifics of which actual properties are going construction costs. To complete the funding center is completed, intensive marketing Corridor Association,Tigard Chamber of to be impacted." funds are being requested from the will be needed to maximize its use. The study recommendations into the plan and to One percent for art—Anew public art package, g act on funding. Commerce, Tualatin Valley Economic advisory committee will select artists and state. A bill commiting $15 million from consulting firm of Laventhol and Horwath Development Corporation and the Lower Following the hearing and another review by lottery funds is moving through the is reviewing convention center marketing in award art commissions totalling$475,000. rY g g The study has also been approved by the Tualatin Valley Homeowners Association. JPACT,the study was amended to define the This is in line with Metro's recently legislature with support from the governor. other areas of the country to set guidelines Joint Policy Advisory Committee on land-use planning and decision-making approved One Percent for Art program, for local efforts. The Convention Center Transportation, Transportation Policy Some who testified complained of inadequate process in order to insure compliance of the which directs 1 percent of the facility's At the local level,the Portland City Master Plan, adopted by the Metro Council Alternatives Committee and the Southwest notification about the bypass and had bypass with local comprehensive plans. construction cost to be used for art. The Council initiated the formation of a local last spring, allocates approximately$1 Corridor Technical, Citizen and Policy concerns about possible impacts on their committee plans a two-day brainstorming improvement district to raise $5 million million annually to marketing. homes,businesses and environmentally The resolution adopting the study calls for session in late June. Several artists will toward construction of the facility. Advisory committees. sensitive areas. These impacts will be an intergovernmental agreement between the P g � collaborate with the architects in identifying Commercial property owners in the central considered during preliminary engineering. county and Metro to resolve land-use issues sites for art and suggesting possible artists. city area will be notified of their estimated because a portion of the bypass would pass assessments. The council will vote on According to Andy Cotugno, director of through rural lands outside the urban growth creation of the district after a public hearing Metro's transportation department, "What's boundary. 3 6 'Centennial he zoo'sfirst 100 ears: jazz, blue rass g Weekend' From a druggist's donation concerts begin June 20, 21 to a mayor tourist attraction summer schedule In observance of the Washington Park Zoo's The Portland Zoological Society assumed 100 years,the weekend of June 20 and 21 full management of the zoo in 1971, z 's` � NA �> °z � '�m " has been designated as"Centennial and �I � zoo 8n although the zoo continued to be funded by ' � Weekend,"with special exhibits,activities, the city of Portland. nnler entertainment and cake,all free with zoo ' admission. ` When the burden became too great for either ° agency, the state Legislature passed laws Zoo history will be illustrated in activities which placed the zoo under the jurisdiction and displays. Visitors will be able to obtain of the Metropolitan Service District(MSD). " an activity book, which they can take to In 1976 voters in the region approved the k different stations around the zoo and receive first serial levy for operating and capital �': J 3 " t1 Lit a stamp and hear something about zoo b expenses. �;wtt Adt arm Kttrud€ _ tom." history at each station they visit. ==WW7 Mop s� T _ On Oct. 1, 1976, the zoo became 25n� Music and entertainment will go on all day , Washington Park Zoo, after a contest was at the band shell. •_ �,` held to find a new name. "" Wd� t €° 2 Att est gym, -� Centennial memorabilia will include a • � � fd Friesen(� e """ �with°Stevb " a � The society was restructured m 1979 to Ece° reresicm and wr�e my " poster by Lake Oswego artist Ann Munson, 3` better reflect its advisory role and became a special bottling of Zoo Salut! by Oak 1927 Rose Festival court visits bears at the old city zoo by the reservoir Friends of the Washington Park Zoo. MSD l s �*s t p my 9„� � .r�� h* " Knoll Winery and a special cachet envelope in Washington Park. also changed somewhat in merging with the SttiGt mtn and postmark available at the zoo railway Columbia Region Association of 3ttly,16= cowgirl Pats. post office. The wine and poster will be on One hundred years ago Portland's "first zoo" —a bear grotto that housed the grizzly and Governments and became known as Metro. tt1y M��""H sky Band,,big y C by Vit-and"b ash Ott sale at the Elephant's Trunk gift shop. consisted of a collection of animals acquired brown bears. ism wt a ruvdertt twist by a seaman-turned-druggist. Currently, fu""ng for the zoo comes from a July, rn�c 'Menem The goal of the centennial activities is to From 1905 until after World War 11, the zoo serial tax levy,enterprise revenues, J y t _ ray's r e *^Vi m. d"fie� �a�" have visitors go away with additional pride Today the zoo is a major cultural, went through a period of decline, mainly due donations, special promotions and grants. (*0,with"s %a��ue5t �rol�end in the zoo, with a sense of the zoo's educational and recreational facility, to lack of interest after the zoo was moved to teles say Jt#ly ., stnex: 'e � r k6 pioneer spirit and history, with more of attracting visitors from throughout Oregon, a higher, more remote part of Washington During the past eight years, major ob player Jeriy a � an understanding of zoo philosophy and the Northwest and the world. It's the oldest Park. improvements have included the award- July Ron Steen Trio with specaai championir, Ron- an awareness of the conservation message zoological park west of the Ohio Valley and winning Cascades Stream and Pond exhibit, guest iQddie-;Cris� Los j being emphasized this year.• the only urban zoo between Washington When Jack Marks became zoo director in the Alaska Tundra exhibit, a renovated polar P Aub ►- ley mon Qtcit�er, state and San Francisco. 1947, greater attention and effort were given and sun bear exhibit,renovated w jazz w €r ciitierslaal blue slim Virginia to zoo facilities and animals. penguinarium, remodeling of the primate s� xitnwita" lt„ f Richard Knight started collecting animals house and construction of the world's first Riyb a fore( oc and"° � � from his seafaring friends in the mid-1880s. In 1951, a Portland City Club study elephant museum. � , C s) Rob *rix s ng i In 1887, when the collection had outgrown recommended construction of a zoo at a new its quarters at Third and Morrison, Knight site and that a$3.85-million bond issue be Construction of the $6.5-million Africa s�►° donated the animals to the city and they were placed on the ballot to finance the facility. exhibit began in April. The exhibit,due to Atx `F�;�Y k City Steve . t�u•,,,,,,;.� lil;i�k`V�q li��yi�'�i ��irl�i+t`+� �3u �l ;`'' moved to City Park (the site of the water open in 1989, will provide a natural o meter, ilgan bSs" #' ° "+� „ # YEARS AT THEP, reservoir at Washington Park). The ballot measure passed in 1954, after environment for African hoof stock. The * ° mil l Fier��s), .. failing the first time. AfriCafe, which will be open for business By 1894, the collection of animals had next spring, will overlook an aviary. Aug. l Newton,the Noo grown to some 300 specimens. The animals The new zoo, renamed the Portland �oy er 11 the lit Down were mostly from North America, but Zoological Gardens, opened July 3, 1959,on More than 1.7 million people have visited was included a few monkeys, foreign birds and a the 40-acre site of the West Hills Golf the zoo since February 1985. More than kangaroo. The next year, the zoo obtained its Course. 25,000 visitors came to the zoo during the Tbiikdatu�tttal Gtand Wazoo first reptiles—alligators—and in 1905 paid last five days a pair of golden monkeys were Sotur3ay,'Au . g*fz p.rn. $1,000 for a leopard, African lion and polar On April 14, 1962,Packy became the first on exhibit during the summer of 1986. The Tom Grant,a benefit sponsored by bear which had been exhibited at the Lewis elephant born in the western hemisphere in zoo was the location of the first birth of a the Friends of the Washington Park Zoo and Clark World's Fair in Portland. 44 years. The zoo had acquired Rosy, its first golden monkey outside their native China Asian elephant, in 1953 and now claims the during the monkeys' three-month stay. . Charles Meyers, the first park keeper, largest breeding herd of Asian elephants in constructed what is thought to be the first any zoo in the world. The 24th elephant calf, 4 sunken,barless cage anywhere in the world Chong Dee, was born May 24. 5 C TYOF TIGARD OREGON July 15, 1987 To: Utility & Franchise Committee and Franchisees Enclosed please find a copy of the signed Resolution which was approved by the City Council on May 4, 1987 for increased garbage rates due to disposal site fee increase. This is being sent to you at the request of Mike Misovetz on this date. Cathy Wheatley Deputy Recorder cc: Billie Rawlings, Community ,,/ Development Administration 13125 S.W.HALL BLVD. P.O.BOX 23397 TIGARD,OREGON 97223 PH:6394171 I r-� �_�~ � , " �^ CITY OF TIGARD..,...OREGON COUNCIL AGENDA ITEM SUMMARY GE DATE SUBMITTED: __April 10, 1987 Ioovc,nuEmuA /I/LE' solid Waste PREVIOUS ACTION: METRO Rate Increase Pas.s Through PREPARED BY: Wayne Lowr DEPT HEAD OK CITY ADMIN OK REQUESTED BY: Uti.l.ity & Fra hise Com. POLICY ISSUE Shall garbage collection rates be increased by $. 16 per can to pass through to garbage consumers for the Metropolitan Service Dintrct increase of $2.32 per ton effective April 1^ 1987. (Pursuant to Council Policy as set forth in the Tigard Municipal Code, 8actlmo 11 .04.090/o\. \ INFORMATION SUMMARY The Metropolitan Service District announced a $2.32 per ton increase in dump fees effective April 1^ 1087. Section 11.04.000 (c) of the Tigard Municipal Code provides for the increase of garbage collection rates by resolution for increases in charges to the franchises for solid waste disposal site fees imposed by a governmental agency. ALTERNATIVES CONSIDERED 1 . Approve requested increase to allow franchise haulers to pass through increase of dumping fees. 2. Disapprove requested increase. FISCAL IMPACT Minimal increase in franchise fees collected from franchise garbage haulers. SUGGESTED ACTION The Utility and Franchise Committee and staff recommend that the Council approve a resolution to increase the solid waste disposal rate schedule by $. 15 per can to pass through the METRO dumping feu increase to garbage customers. LW:ow/4009A/1 MEMORANDUM CITY OF TIGARD, OREGON TO: Honorable Mayor & City Council April 27, 1987 FROM: Wayne Lowry, Finance Director J SUBJECT: Metro Solid Waste Disposal Fee Increase The Metropolitan Service District announced a $2.32 per ton increase in dump fees effective April 1, 1987, The Garbage Haulers submitted a proposal that was considered by the Utility and Franchise Committee at their March 18, 1987 meeting. The Tigard Municipal Code, Section 11 .04.090(c) was amended by Ordinance No. 86-66 to read as follows: "Rates to be charged by the franchises under this Chapter shall be. set by the City Council by resolution as deemed necessary by the Council. Except, increases in charges to the franchises for solid waste disposal site fees imposed by a governmental agency may be included in the rates by Council. resolution, provided such increases are evenly distributed among the rates . . " The Utility and Franchise Committee, in accordance with Council policy as set forth in the Tigard Municipal Code, Section 11 .04.090(c) voted unanimously to recommend to Council an increase in garbage rates of $. 15 per can, $.23 per cubic yard of loose material, or $.52 per cubic yard of compacted material to pass--through the Metro dump fee increase. WL:cw/4623A/1 CITY OF TI:GARD, OREGON RESOLUTION NO. 87—_(� A RESOLUTION OF' -1-14E. TIGARD CITY COUNCIL INCREASING GARBAGE RATES DUE TO DISPOSAL SITE FEE INCREASE WHEREAS, Metropolitan Service District (METRO) has announced solid waste disposal increases at dump sites of $2.32 per ton effective April 1, 1987, and WHEREAS, increases in charges to the solid waste disposal franchises for disposal site fees imposed by a governmental agency may be included in consumer rates established by the Council by resolution provided they are evenly distributed among the rates, and WHEREAS, the Utility and Franchise Committee met on March 18, 1987 and reviewed the proposal of the solid waste disposal companies and recommended unanimously that the Council approve an emergency measure to pass a temporary rate increase to cover disposal site fee increases imposed by the Metropolitan Service District, and WHEREAS, the increase proposed will result in a $. 15 per can per month cost to consumers, or $.23 per cubic yard of .loose material or $.52 per cubic yard of compacted material, and WHEREAS, the City Council recognizes the need for prompt action to ensure a timely pass through of this government agency imposed operating cost increase; and NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: Section 1 : The Tigard City Council wishes to increase current garbage franchise collection rates to reflect a complete pass through of increased METRO garbage disposal site fees, to be effective April 1, 1987. Said increases are reflected in the attached Exhibit "A. " PASSED: This day of � 1987. Mayor - City of Tigard ATTEST: City Recorder — City of "n �-- RESOLUTION N0, Page 1 EXHIBIT "A" SOLID WASTE DISPOSAL TIGARD SCHEDULE OF RATES — APRIL 1, 1987 RESIDENTIAL RATES One Can $ 8.25 On Call Service $ 4.10 Two Cans $15.60 Each Additional $ 8.35 COMMERCIAL RATES Number of Cans One Two Three Four Five One $ 8.75 $16.80 $25.05 $33 .30 $41.75 Two $16.30 $31.20 $46.60 $62.20 $77.60 Each Additional $ 6.55 $13 . 10 $19.45 $25.90 $32.35 br3088P RESOLUTION NO. 87— Page 2 EXHIBIT "A" (Cont. ) 1 CITY OF TIGARD CONTAINER SERVICE - LOOSE Container Sire Stops Per Week One Two Three Four Five One Yard 48.43 89.56 128.69 Each Additional One and 1/4 yards 56.49 103.78 148.77 192.46 230.25 Each Additional 50. 19 92.28 132.57 171.46 205.25 One and 1/2 yards 64.35 124.10 177.65 225.60 272.75 Each Additional 58.95 109. 10 159.65 201 .40 242.45 Two Yard 84.86 160.82 229.48 291.04 351. 10 Each Additional 76.76 140.82 196.48 246. 84 296.20 Three Yard 109.49 205.38 290. 17 364.66 445.95 Each Additional 100.49 190.38 272.27 352.66 430.95 Four Yard 134.02 250.54 365.66 466.78 560.10 Each Additional 126.02 242.54 353.66 458.68 549.20 Five Yard 155.65 300.30 438.05 568.50 682.45 Each Additional 150.45 285.00 415.55 540.60 657.45 Six Yard 172. 18 331.16 484.14 626.92 766.10 Each Additional 165.08 319. 16 466.04 597.32 728.10 Eight Yard 208.44 399.18 579.72 752.46 913 .80 Each Additional 200. 14 383. 18 555.92 720.56 873 .80 CONTAINER SERVICE - COMPACTED Stops Per Week Container Size One Two Three Four Five One Yard 111.82 205.54 294.56 381 . 18 455.80 Two Yard 169.84 321.88 459.32 582.56 702.90 Three Yard 219.06 411.02 580.98 729.84 892.90 RESOLUTION NO. 87- Page 3 EXHIBIT "A" (Cont. ) I DROP BOX SERVICE Drop Box Size Regular Service Occasional Service Twenty Yard Box 116.80 127.40 51.10 Rental 4.70/day after 48 hr. Thirty Yard Box 150.70 161.80 68.20 Rental 6.20/day after 48 hr. MISCELLANEOUS RATES A) Court apartments E) Return for pickup of five or more units inaccessible can 7.80 1 stop per week $ 6.55 F) Extra distance —if 2 stop per week $ 13. 10 per foot after the first 100 feet B) Extra garbage per can $ 2.75 C) Call Backs $ 7.80 D) Bundles, boxed refuse, the first 100 ft or bags equivalent amount of one can $ 2.75 WAM:br/3088P l RESOLUTION NO. 87— Page 4