Washington County - Urban Planning Area Agreement (2006) WASHh v..jTON COUNTY
OREGON
October 16, 2006
TO: Craig Prosser, City of Tigard d,
Dennis Kollermeier, Tigard Water District Q.
Greg Dil-oreto, Tualatin Valley Water District
Bob Cruz, Clean Water Services
Alec Jensen, Tualatin Valley Fire and Rescue
Jillian Detweiler, TriMet
Keith Hobson, Tualatin Hills Park & Recreation District
Ray Valone, Metro
FROM: Paul Schaefer, Senior Planner
RE: Tigard Urban Service Agreement
Enclosed is a copy of the fully executed Tigard Urban Service Agreement, amended in July
2006, for your records. The original agreement has been filed with the Washington County
Records Department. It has been filed under Minute Order#06-285 of the Washington County
Board of Commissioners.
Thank you for your assistance in completing this agreement. If you have any questions, please
call me at 503-846-8817.
Enclosure
c: Sheriff Robert Gordon
Department of Land Use&Transportation • Planning Division
155 N.First Avenue,Suite 350-14,Hillsboro,OR 97124-3072
phone:(503)846-3519 9 fax:(503)846-4412
TIGARD URBAN SERVICE AGREEMENT
July 2006
This AGREEMENT is made and entered into by and between Washington County, a municipal
corporation of the State of Oregon,hereinafter"COUNTY,"the City of Tigard, a municipal
corporation of the State of Oregon,hereinafter"CITY,"Metro,a metropolitan service district of
the State of Oregon,hereinafter"METRO,"and the following Special Districts of the State of
Oregon,hereinafter"DISTRICT(S),"
Clean Water Services;
Tigard Water District;
Tri-Met;
Tualatin Hills Park and Recreation District;
Tualatin Valley Fire and Rescue District;and
Tualatin Valley Water District
RECITALS
WHEREAS, ORS 195.025(1)requires METRO,through its regional coordination
responsibilities,to review urban service agreements affecting land use, including planning
activities of the counties,cities,special districts,state agencies; and
WHEREAS,ORS 195.020(4)(e)requires cooperative agreements to specify the units of local
government which shall be parties to an urban service agreement under ORS 195.065; and
WHEREAS,ORS 195.065(1)requires units of local government that provide an urban service
within an urban growth boundary to enter into an urban service agreement that specifies the unit
of government that: will deliver the services,sets forth the functional role of each service
provider,determines the future service area, and assigns responsibilities for planning and
coordination of services; and
WHEREAS,ORS 195.065(1)and(2)require that the COUNTY shall be responsible for:
1. Convening representatives of all cities and special districts that provide or declare an interest
in providing an urban service inside an urban growth boundary within the county that has a
population greater than 2,500 persons for the purpose of negotiating an urban service
agreement;
2. Consulting with recognized community planning organizations within the area affected by
the urban service agreement;and
3. Notifying Metro in advance of meetings to negotiate an urban service agreement to enable
Metro's review; and
Tigard Urban Service Agreement
July 2006
Page 1
WHEREAS, ORS 195.075(1)requires urban service agreements to provide for the continuation
of an adequate level of urban services to the entire area that each provider serves and to specify if
there is a significant reduction in the territory of a special service district; and
WHEREAS, ORS 195.075(1)requires that if there is a significant reduction in territory,the
agreement shall specify how the remaining portion of the district is to receive services in an
affordable manner; and
WHEREAS, ORS 195.205 TO 195.235 grant authority to cities and districts(as defined by ORS
198.010)to annex lands within an urban growth boundary, subject to voter approval, if the city
or district enacts an annexation plan adopted pursuant to ORS 195.020, 195.060 to 195.085,
195.145 to 195.235, 197.005, 197.319, 197.320, 197.335, and 223.304, and if the city or district
has entered into urban service agreements with the county, cities and special districts which
provide urban services within the affected area; and
WHEREAS, ORS 197.175 requires cities and counties to prepare, adopt, amend, and revise their
comprehensive plans in compliance with statewide planning goals, and enact land use regulations
to implement their comprehensive plans; and
WHEREAS, Statewide Planning Goals 2, 11, and 14 require cities and counties to plan, in
cooperation with all affected agencies and special districts, for the urbanization of lands within
an urban growth boundary, and ensure the timely, orderly, and efficient extension of public
facilities and urban services.
NOW, THEREFORE,the premises being in general as stated in the foregoing recitals, it is
agreed by and between the parties hereto as follows:
I. ROLES AND RESPONSIBILITIES
A. Parties to this AGREEMENT shall provide land use planning notice to each other in
accordance with the provision of the"Cooperative Agreements,"developed per ORS
195.020(4)(e).
B. The parties to this AGREEMENT are designated as the appropriate provider of services
to the citizens residing within their boundaries as specified in this AGREEMENT.
C. The CITY is designated as the appropriate provider of services to citizens residing within
its boundaries and to adjacent unincorporated areas subject to this AGREEMENT as
shown on Map A, except for those services that are to be provided by another party as
specified in this AGREEMENT.
D. The CITY and COUNTY will be supportive of annexations to the CITY over time. The
CITY shall endeavor to annex the unincorporated areas shown on Map A, in keeping
with the following schedule:
1. Near to mid-term(3 to 5 years): Bull Mountain area and unincorporated lands north
of the Tualatin River and south of Durham Road and
Tigard Urban Service Agreement
July 2006
Page 2
1-0
2. Far-term(10 years or later): Metzger area.
E. Pursuant to ORS 195.205, the CITY and DISTRICTS reserve the right and may,
subsequent to the enactment of this AGREEMENT,develop an annexation plan or plans
in reliance upon this AGREEMENT in accordance with ORS 195.205 to 220.
F. In keeping with the County 2000 Strategic Plan or its successor,the COUNTY will
focus its energies on those services that provide county-wide benefit and transition out of
providing municipal services that may benefit specific geographic areas or districts. The
COUNTY recognizes cities and special service districts as the ultimate municipal service
providers as specified in this AGREEMENT. The COUNTY also recognizes cities as
the ultimate local governance provider to the urban area.
G. Within twelve months of the effective date of this AGREEMENT and prior to any
consolidation or transfer of duties or any single or multiple annexations totaling twenty
acres,the parties shall identify any duties performed by the parties that will or may be
assumed or transferred from one party to another party by annexation,consolidation or
agreement. The affected parties shall identify how the duties will be transferred or
assumed,including the transfer of employees and equipment. The process to transfer
duties,employees and equipment shall account for the cumulative effects of annexation,
consolidation and transfer by agreement. This process shall also address large scale
annexations and the large scale transfer of duties by consolidation or agreement. In the
event the affected parties cannot agree upon the processes to transfer duties,employees
and equipment,the provisions of Section VII of this AGREEMENT shall be used to
resolve the dispute.
H. The COUNTY shall have the responsibility for convening representatives for the purpose
of amending this AGREEMENT,pursuant to ORS 195.065(2)(a).
I. Notwithstanding the roles and responsibilities provided herein for designated service
providers,METRO,the COUNTY,the CITY and the DISTRICTS agree that this
AGREEMENT does not prohibit incorporation of a city that is otherwise allowed by law.
II. AGREEMENT COORDINATION
A. Existing intergovernmental agreements that are consistent with this AGREEMENT
shall remain in force. This AGREEMENT shall control provisions of existing
intergovernmental agreements that are inconsistent with the terms of this
AGREEMENT. This AGREEMENT does not preclude any party from amending an
existing inter-governmental agreement or entering into a new inter-governmental
agreement with one or more parties for a service addressed in this AGREEMENT,
provided such an agreement is consistent with the provisions of this AGREEMENT.
B. The CITY and COUNTY have entered into an intergovernmental agreement for the
CITY provision of building, land development and specific road services on behalf
of the COUNTY to the unincorporated lands in the Bull Mountain area.
Tigard Urban Service Agreement
July 2006
Page 3
C. CITY and COUNTY shall endeavor to take all action necessary to cause their
comprehensive plans to be amended to be consistent with this AGREEMENT within
twelve months of execution of this AGREEMENT,but no later than sixteen months
from the date of execution.
III. AREA AFFECTED BY AGREEMENT
This AGREEMENT applies to the Tigard Urban Service Area(TUSA) as shown on Map
A and properties added to the Regional Urban Growth Boundary(UGB)that are to be
annexed to the CITY in the future as described below in Section VIII.
IV. URBAN SERVICE PROVIDERS
A. The service provisions of this AGREEMENT, as described in Exhibits A through G,
establish the providers and elements of urban services for the geographic area
covered in this AGREEMENT; and
B. The following urban services are addressed in this AGREEMENT:
1. Fire Protection and Emergency Services(Exhibit A);
2. Public Transit(Exhibit B);
3. Law Enforcement(Exhibit C);
4. Parks,Recreation, and Open Space (Exhibit D);
5. Roads and Streets (Exhibit E);
6. Sanitary Sewer and Storm Water(Exhibit F); and
7. Water Service(Exhibit G).
V. ASSIGNABILITY
No assignment of any party's rights or obligations under this AGREEMENT to a
different,new or consolidated or merged entity shall be effective without the prior
consent of the other parties affected thereby. Any party to this AGREEMENT who
proposes a formation,merger, consolidation, dissolution, or other major boundary
change shall notify all other parties of the availability of the reports or studies required
by Oregon State Statutes to be prepared as part of the proposal.
VI. EFFECTIVE DATE OF AGREEMENT
This AGREEMENT shall become effective upon full execution by all parties.
Tigard Urban Service Agreement
July 2006
Page 4
VII. TERM OF THE AGREEMENT
This AGREEMENT shall continue to be in effect as long as required under state law.
The COUNTY shall be responsible for convening the parties to this AGREEMENT for
the review or modification of this AGREEMENT,pursuant to Section VIII.
VIII. PROCESS FOR REVIEW AND MODIFICATION OF THE AGREEMENT
A. Parties shall periodically review the provisions of this AGREEMENT in order to
evaluate the effectiveness of the processes set forth herein and to propose any
.necessary or beneficial amendments to address considerations of ORS 195.070 and
ORS 195.075.
B. Any party may propose modifications to this agreement to address concerns or
changes in circumstances.
C. The body of this AGREEMENT(Recitals and Sections I through IX)may only be
changed by written consent of all affected parties. Amendments to the exhibits of
this AGREEMENT may be made upon written consent of the parties identified in
each exhibit.
D. The periodic review of this AGREEMENT and all proposed modifications to this
AGREEMENT shall be coordinated by the COUNTY. All requests for the periodic
review of this AGREEMENT and all proposed modifications shall be considered in a
timely manner and all parties shall receive notice of any proposed amendment. Only
those parties affected by an amendment shall sign the amended agreement. All
amendments that include boundary changes shall comply with Chapter 3.09 of the
METRO Code or its successor.
E. Lands added to the Regional Urban Growth Boundary that are determined to be
annexed to the CITY in the future by separate process, such an Urban Reserve Plan,
shall be subject to this AGREEMENT. The appropriate service providers to new
urban lands for the services addressed in this AGREEMENT shall be determined
through the provisions of this Section unless those determinations are made through
the development of an Urban Reserve Plan and all affected parties agree to the
service determinations. This AGREEMENT shall be amended to address new urban
lands and reflect the service provider determinations consistent with the provisions
of this Section.
F. In the event a new city is formed,the parties to this AGREEMENT shall consider
any modifications or amendments to this AGREEMENT as may be necessary to
assure ongoing compliance with ORS 195 and any other applicable laws.
IX. DISPUTE RESOLUTION
If a dispute arises between or among the parties regarding breach of this AGREEMENT
or interpretation of any term thereof,those parties shall first attempt to resolve the
dispute by negotiation prior to any other contested case process. If negotiation fails to
Tigard Urban Service Agreement
July 2006
Page 5
resolve the dispute, the parties agree to submit the matter to non-binding mediation.
Only after these steps have been exhausted will the matter be submitted to arbitration.
Step 1 —Negotiation. The managers or other persons designated by each of the disputing
parties will negotiate on behalf of the entities they represent. The issues of the dispute
shall be reduced to writing and each manager shall then meet and attempt to resolve the
issue. If the dispute is resolved with this step,there shall be a written determination of
such resolution signed by each manager,which shall be binding upon the parties.
Step 2—Mediation. If the dispute cannot be resolved within 30 days of initiation of Step
1, a party shall request in writing that the matter be submitted to non-binding mediation.
The parties shall use good-faith efforts to agree on a mediator. If they cannot agree, the
parties shall request a list of five mediators from an entity or firm providing mediation
services. The parties will attempt to mutually agree on a mediator from the list provided,
but if they cannot agree, each party shall select one name and the two mediators shall
jointly select a third mediator. The dispute shall be heard by the third mediator and any
common costs of mediation shall be borne equally by the parties, who shall each bear
their own costs and fees therefore. If the issue is resolved at this Step, then a written
determination of such resolution shall be signed by each manager and shall be binding
upon the parties.
Step 3 —Arbitration. After exhaustion of Steps 1 and 2 above,the matter shall be settled
by binding arbitration in Washington County, Oregon, in accordance with the
Commercial Arbitration Rules of the American Arbitration Association, the rules of the
Arbitration Service of Portland, or any other rules mutually agreed to,pursuant to ORS
190.710-790. The arbitration shall be before a single arbitrator; nothing shall prevent the
parties from mutually selecting an arbitrator or panel thereof who is not part of the AAA
panel and agreeing upon arbitration rules and procedures. The cost of arbitration shall be
shared equally. The arbitration shall be held within 60 days of selection of the arbitrator
unless otherwise agreed to by the parties. The decision shall be issued within 60 days of
arbitration.
X. SEVERABILITY CLAUSE
If any portion of this AGREEMENT is declared invalid, or unconstitutional by a court of
competent jurisdiction, such portion shall be deemed a separate, distinct, and
independent provision and such holding shall not affect the validity of the remaining
portions of this AGREEMENT.
XI. SIGNATURES OF PARTIES TO AGREEMENT
In witness whereof, this AGREEMENT is executed by the authorized representatives of
the COUNTY,CITY, DISTRICTS, and METRO. The parties, by their representative's
signatures to this AGREEMENT, signify that each has read the AGREEMENT,
understands its terms, and agrees to be bound thereby.
Tigard Urban Service Agreement
July 2006
Page 6
CITY OF TIGARD
R
By: ` S!
Craig Dir en, Mayor Date
Approved as to Form:
By:
City Aotney
Tigard Urban Service Agreement
July 2006
Page 7
TUALATIN VALLEY FIRE AND RESCUE DISTRICT
By:
Chairman,Board of Dir tors Da
Approved as to Form:
By: -'
District Counsel
Tigard Urban Service Agreement
July 2006
Page 8
TRI-MET
By:,._�lX2-Lj o
General anager Date
App rov t o
By:
DiMct ounse
Tigard Urban Service Agreement
July 2006
Page 10
TUALATIN HELLS PARK AND RECREATION DISTRICT
6 -lox
B
P * ent, Board of D rs Date
pproved as to Form:
B ci
District Co nsel
Tigard Urban Service Agreement
July 2006
Page 9
CLEAN WATER SERVICES /
By: Date
To Brian,Chair
Bo rd of Directors
Approved as to Form:orm:
1iI/II/II l
By:
y r E1t�.Sf�L OF i�.i�s,C�n iss�a
District Counsel -NTH U-M uUI
DME..............................g.'. ."......(fl...............
..............
CLERKOF T; A CY
Tigard Urban Service Agreement
July 2006
Page 11
TIGARD WATER DISTRICT
By:
Chairman, Board of Directors Date
Approved as to Form:
By:
District Counsel
Tigard Urban Service Agreement
July 2006
Page 12
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MAP A
Tigard Urban Service Area Boundary
November 2002 0
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City of Tigard
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TUALATIN VALLEY WATER DISTRICT
By:—
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Chaff an,Boar of Directors Date
ames Doane
Approved as to Fo
By:
District Counsel CZ4. Balfour
Tigard Urban Service Agreement
July 2006
Page 13
WASHINGTON COUNTY
By: fzkz(o
T m Brian,Chair Date
oard of Commissioners
Approved as to Form:
By:
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CoCou
APPROVED WASHINGTON COUNTY
BOARD OF COMMISSIONERS
MINUTE ORDER # ...OWI.....p..�.5�..........
DATE..R..............................�....�?....�.......
CLERK OF THE OARD
Tigard Urban Service Agreement
July 2006
Page 14
METRO
.• I �� 2DO
By: "p `� , ✓ t
Presidi f r to
r rG� ti
Approve4,as to Form:
Legal Counsel
Tigard Urban Service Agreement
July 2006
Page 15
EXHIBIT A
PROVISIONS OF AGREEMENT FOR FIRE PROTECTION
AND PUBLIC EMERGENCY SERVICES
TUALATIN VALLEY FIRE AND RESCUE DISTRICT,CITY and COUNTY agree:
1. That the TUALATIN VALLEY FIRE AND RESCUE DISTRICT(TVFR)is and shall
continue to be the sole provider of fire protection services to the Tigard Urban Service Area
(TUSA) shown on Map A.
2. That TVFR,CITY and COUNTY are and shall continue to provide emergency management
response services to the TUSA.
3. That TVFR is and shall continue to be the sole provider of all other public emergency
services to the TUSA,excluding law enforcement services.
Tigard Urban Service Agreement
July 2006
Page 16
1011
EXHIBIT B
PROVISIONS OF AGREEMENT FOR PUBLIC TRANSIT SERVICE
TRI-MET,CITY,COUNTY and METRO agree:
1. That TRI-MET,pursuant to ORS Chapter 267,is currently the sole provider of public mass
transit to the Tigard Urban Service Area(TUSA)shown on Map A. Future options for
public mass transit services to the TUSA may include public/private partnerships to provide
rail or other transit service, CITY operated transit service, and transit service by one or more
public agency to all or part of the area.
2. That TRI-MET shall work with the COUNTY,CITY,and METRO to provide efficient and
effective public mass transit services to the TUSA.
Tigard Urban Service Agreement
July 2006
Page 17
EXHIBIT C
PROVISIONS OF AGREEMENT FOR LAW ENFORCEMENT
COUNTY and CITY agree:
1. That as annexations occur within the Tigard Urban Service Area shown on Map A,the CITY
will assume law enforcement services and the area will be withdrawn from the Enhanced
Sheriff's Patrol District. The Sheriff's Office will continue to provide law enforcement
services identified through the Cogan Law Enforcement Project and those services mandated
by state law. Eventually,the Enhanced Sheriff's Patrol District,consistent with its
conditions of formation,will be eliminated when annexations on a county-wide basis reach a
point where the function of the District is no longer economically feasible.
2. That over time as annexations occur within the urban unincorporated area,the primary focus
of the Sheriff's office will be to provide programs that are county-wide in nature or serve the
rural areas of the COUNTY. The Sheriff's office will continue to maintain needed service
levels and programs to ensure the proper functioning of the justice system in the COUNTY.
The Sheriff's Office will also continue to provide available aid to smaller cities(e.g.,Banks
and North Plains)for services specified in the COUNTY'S mutual aid agreement with those
cities upon their request. The Sheriff's Office will also consider requests to provide law
enforcement services to cities on a contractual basis consistent with the COUNTY's law
enforcement contracting policy.
3. That the COUNTY and CITY and other Washington County cities, through the Cogan Law
Enforcement Project, shall determine the ultimate functions of the Sheriff s Office that are
not mandated by state law.
4. That the COUNTY and CITY shall utilize comparable measures of staffing that accurately
depict the level of service being provided to residents of all local jurisdictions in the
COUNTY.
Tigard Urban Service Agreement
July 2006
Page 18
EXHIBIT D
PROVISIONS OF AGREEMENT FOR PARKS,RECREATION AND OPEN SPACE
CITY,TUALATIN HILLS PARK AND RECREATION DISTRICT(THPRD), COUNTY, and
METRO agree:
1. That the CITY shall be the designated provider of park,recreation and open spaces services
to the Tigard Urban Service Area(TUSA)shown on Map A. Actual provision of these
services by the CITY to lands within the TUSA is dependent upon lands being annexed to
the CITY. Within the Metzger Park Local Improvement District(LID),the CITY will be a
joint provider of services. The CITY and THPRD,however,may also enter into inter-
governmental agreements for the provision of park,recreation and open space services to
residents within each other' boundaries, such as the joint use of facilities or programs. This
provision does not preclude future amendments to this AGREEMENT concerning how park,
recreation and open space services may be provided within the TUSA.
2. That the CITY and the COUNTY should further examine the feasibility of creating a park
and recreation district for the TUSA.
3. That standards for park,recreation, and open space services within the TUSA will be as
described in the CITY'S park master plan.
4. That the CITY and COUNTY are supportive of the concept of a parks systems development
charge as a method for the future acquisition and development of parks lands in the TUSA
that are outside of the CITY. The CITY and COUNTY agree to study the feasibility of
adopting such a systems development charge for lands outside of the CITY.
5. That at the next update of its parks master plan,the CITY shall address all the lands within
the TUSA.
6. That the Metzger Park LID shall remain as a special purpose park provider for as long as a
majority of property owners within the LID wish to continue to pay annual levies for the
operation and maintenance of Metzger Park. The CITY and COUNTY also agree to the
continuation of the Metzger Park Advisory Board. However, the COUNTY as administrator
of the LID,may consider contracting operation and maintenance services to another provider
if that option proves to be more efficient and cost-effective. This option would be presented
and discussed with the Park Advisory Board before the COUNTY makes a decision.
7. That continuation of the Metzger Park LID shall not impede provision of parks, and
eventually recreation services,to the Metzger Park neighborhood by the CITY. Continuation
of the Metzger Park LID will be considered as providing an additional level of service to the
neighborhood above and beyond that provided by the CITY.
Tigard Urban Service Agreement
July 2006
Page 19
8. That the CITY and COUNTY will coordinate with Metro to investigate funding sources for
acquisition and management of parks which serve a regional function.
9. That Metro may own and be the provider of region-wide parks,recreation and open space
facilities within the TUSA. Metro Greenspace and Parks facilities typically are to serve a
broader population base than services provided to residents of the TUSA by the CITY.
Where applicable, the CITY, COUNTY, and METRO will aspire to coordinate facility
development, management and services.
Tigard Urban Service Agreement
July 2006
Page 20
EXHIBIT E
PROVISIONS OF AGREEMENT FOR ROADS AND STREETS
CITY and COUNTY agree:
1. Existing Conditions and Agreements
A. The COUNTY shall continue to retain jurisdiction over the network of arterials and
collectors within the Tigard Urban Service Area(TUSA)that are specified on the
COUNTY-wide roadway system in the Washington County Transportation Plan. The
CITY shall accept responsibility for public streets, local streets,neighborhood routes and
collectors and other streets and roads that are not part of the COUNTY-wide road system
within its boundaries upon annexation if the street or road meets the agreed upon
standards described in Section 2.C.(2)below.
B. The COUNTY and CITY agree to continue sharing equipment and services with
renewed emphasis on tracking of traded services and sharing of equipment without
resorting to a billing system, and improved scheduling of services. Additionally, the
COUNTY and CITY shall work to improve coordination between the jurisdictions so
that the sharing of equipment and services is not dependent on specific individuals
within each jurisdiction. The COUNTY and CITY shall also work to establish a more
uniform accounting system to track the sharing and provision of services.
C. Upon annexation to the CITY, the annexed area shall be automatically withdrawn from
the Urban Road Maintenance District(URMD).
D. Upon annexation to the CITY, an annexed area that is part of the Washington County
Service District For Street Lighting No. 1 shall be automatically withdrawn from the
District. The CITY shall assume responsibility for street lighting on the effective date of
annexation of public streets and COUNTY streets and roads that will be transferred to
the CITY. The COUNTY shall inform PGE when there is a change in road jurisdiction
or when annexation occurs and the annexed area is no longer a part of the street lighting
district.
2. Road Transfers
Transfer of jurisdiction may be initiated by a request from the CITY or the COUNTY.
A. Road transfers shall include the entire right-of-way(e.g.,a boundary cannot be set down
the middle of a road)and proceed in a logical manner that prevents the creation of
segments of COUNTY roads within the CITY'S boundaries.
Tigard Urban Service Agreement
July 2006
Page 21
B. Within thirty days of annexation, the CITY will initiate the process to transfer
jurisdiction of COUNTY and public streets and roads within the annexed area, including
local streets,neighborhood routes, collectors and other roads that are not of county-wide
significance. The transfer of roads should take no more than one year from the effective
date of annexation.
C. The COUNTY:
(1) To facilitate the road transfer process,the COUNTY will prepare the exhibits that
document the location and condition of streets to be transferred upon receipt of a
transfer request from the CITY.
(2) Prior to final transfer, the COUNTY:
(a) Shall complete any maintenance or improvement projects that have been planned
for the current fiscal year or transfer funds for same to the CITY.
(b) Shall provide the CITY with any information it may have about any
neighborhood or other concerns about streets or other traffic issues within the
annexed area. This may be done by providing copies of COUNTY project files
or other documents or through joint meetings of CITY and COUNTY staff
members.
(c) Shall make needed roadway improvements so that all individual roads or streets
within the area to be annexed have a pavement condition index(PCI) of more
than 40 and so that the average PCI of streets and roads in the annexed area is 75
or higher. As an alternative to COUNTY-made improvements,the COUNTY
may pay the CITY'S costs to make the necessary improvements.
(d) Shall inform the CITY of existing maintenance agreements, Local Improvement
Districts established for road maintenance purposes, and of plans for
maintenance of transferred roads. The COUNTY shall withdraw the affected
territory from any road maintenance LIDS formed by the COUNTY.
D. The CITY:
(1) Agrees to accept all COUNTY roads and streets as defined by ORS 368.001(1)and
all public roads within the annexed area that are not of county-wide significance or
are not identified in the COUNTY'S Transportation Plan as part of the county-wide
road system provided the average PCI of all COUNTY and public roads and streets
that the CITY is to accept in the annexed area is 75 or higher as defined by the
COUNTY'S pavement management system. If any individual COUNTY or public
street or road that the CITY is to accept within the area has an average PCI of 40 or
less at the time of annexation, the CITY shall assume jurisdiction of the road or
street only after the COUNTY has complied with Section 2.C.(2)of this exhibit.
(2) Shall, in the event the transfer of roads does not occur soon after annexation, inform
the newly annexed residents of this fact and describe when and under what
Tigard Urban Service Agreement
July 2006
Page 22
conditions the transfer will occur and how maintenance will be provided until the
transfer is complete.
E. The CITY shall be responsible for the operation,maintenance and construction of roads
and streets transferred to the CITY as well as public streets annexed into the CITY.
CITY road standards shall be applicable to transferred and annexed streets. The CITY
shall also be responsible for the issuance of access permits and other permits to work
within the right-of-way of those streets.
3. Road Design Standards and Review Procedures and Storm Drainage
The CITY and COUNTY shall agree on:
A. The CITY and COUNTY urban road standards and Clean Water Service standards that
will be applicable to the construction of new streets and roads and for improvements to
existing streets and roads that eventually are to be transferred to the CITY,and streets
and roads to be transferred from the CITY to the COUNTY;
B. The development review process and development review standards for COUNTY and
public streets and roads within the TUSA, including COUNTY streets and roads and
public streets that will become CITY streets,and streets and roads that are or will
become part of the COUNTY-wide road system; and
C. Maintenance responsibility for the storm drainage on COUNTY streets and roads within
the TUSA in cooperation with Clean Water Services.
4. Review of Development Applications and Plan Amendments
A. The COUNTY and CITY, in conjunction with other Washington County cities and the
Oregon Department of Transportation(ODOT), shall agree on a process(es)and review
criteria(e.g.,types and levels of analysis)to analyze and condition development
applications and plan amendments for impacts to COUNTY and state roads.
B. The review process(es),review criteria,and criteria to condition development and plan
amendment applications shall be consistent with the Oregon Highway Plan,the Regional
Transportation System Plan, COUNTY and CITY Transportation Plans and Title 6 of
METRO'S Urban Growth Management Functional Plan.
5. Maintenance Cooperation
A. The COUNTY and CITY,in conjunction with ODOT, shall consider developing an
Urban Road Maintenance Agreement within the TUSA area for the maintenance of
COUNTY, CITY,and state facilities, such as separately owned sections of arterial
streets and to supplement the 1984 League of Oregon Cities Policy regarding traffic
lights.
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July 2006
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A. The COUNTY and CITY,in conjunction with other Washington County cities, shall
develop a set of minimum right-of-way maintenance standards and levels of activity to be
used in performance of services provided under the exchange of services agreement
described above in 5. a.
C. The COUNTY may contract with the CITY for the maintenance of COUNTY streets and
roads within the TUSA utilizing an agreed upon billing system.
D. The COUNTY,CITY and ODOT, in conjunction with other Washington County cities,
will study opportunities for co-locating maintenance facilities.
6. Implementation
Within one year of the effective date of this AGREEMENT, the CITY and COUNTY agree
to develop a schedule that describes when the provisions of this exhibit shall be
implemented.
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July 2006
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EXHIBIT F
PROVISIONS OF AGREEMENT FOR SANITARY SEWER
AND STORM WATER MANAGEMENT
CLEAN WATER SERVICES, (CWS),CITY and COUNTY agree:
1. As a county service district organized under ORS 451,CWS has the legal authority for the
sanitary sewage and storm water(surface water)management within the CITY and the urban
unincorporated area. CWS develops standards and work programs, is the permit holder,and
operates the sanitary sewage treatment plants.
2. The CITY performs a portion of the local sanitary sewer and storm water management
programs as defined in the operating agreement between the CITY and CWS. This
agreement shall be modified on an as-needed basis by entities to the agreement.
3. At the time of this AGREEMENT,the following are specific issues that the parties have
addressed as part of this process and agree to resolve through changes to current
intergovernmental agreements.
A. Rehabilitation of Sewer Lines with Basins Identified with High Levels of Infiltration and
Inflow(I&I).
B. For lines that are cost-effective to do rehabilitation,CWS and the CITY will consider
cost-sharing regardless of line size under a formula and using fund sources to be agreed
on between CITY and CWS. The cost-share is to be determined through specific project
intergovernmental agreements. Following the evaluation of program funding methods,
CWS, in cooperation with the CITY,will determine the long-term funding for I&I and
other rehabilitation projects.
C. CWS, with assistance from the CITY and other Washington County cities, shall
undertake periodic rate studies of monthly service charges to determine whether they are
adequate to cover costs, including costs of maintenance and rehabilitation of sewer lines.
The rate study shall consider sewer line deterioration and related maintenance and repair
issues.
4. Master and Watershed,Planning:
A. Primary responsibility for master and watershed planning will remain with CWS,but the
CITY will be permitted to conduct such planning as long as these plans meet CWS
standards. CWS and the CITY shall use uniform standards,such as computer modeling,
to conduct these studies. CWS and the CITY shall determine their respective cost-
sharing responsibility for conducting these studies.
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July 2006
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B. CWS and the CITY, in conjunction with other Washington County cities using the
City/District Committee established by CWS, shall develop uniform procedures for the
coordination and participation between CWS, the CITY and other cities when doing
master and watershed planning.
5. Sanitary Sewer Systems Development Charges
CWS and the CITY, in conjunction with other Washington County cities, shall use the
results of the CWS Conveyance System Management Study, or updates, for options for
collection and expenditure of SDC funds to address current disparities between where funds
are collected and where needs are for projects based on an agreed upon CITY/CWS master
plan.
6. Storm Water Management System Development Charges
A. CWS and the CITY shall use the results of the CWS Surface Water Management Plan
Update Project to address all aspects of storm water management and to provide more
direction to CWS and the CITY.
B. Watershed plans being prepared by CWS for storm water management shall address the
major collection system as well as the open-channel system to identify projects for
funding.
7. Maintenance
CWS, in cooperation with the CITY and other Washington County cities, shall use the
results of the CWS Conveyance System Management Study for guidance to resolve issues
related to roles of the DISTRICT and the cities in order to provide more cost effective
maintenance of the collection systems.
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July 2006
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EXHIBIT G
PROVISIONS OF AGREEMENT FOR WATER SERVICE
TUALATIN VALLEY WATER DISTRICT(TVWD),TIGARD WATER DISTRICT(TWD),
CITY and COUNTY agree:
1. Supply:
A. Supply generally will not impact service boundaries, given that a limited number of
sources provide all the water in the study area and the number of interconnections
between providers are increasing and are encouraged to continue in the future.
B. Future supply and conservation issues may be addressed through the Regional Water
Consortium to the extent reasonable and practicable for water providers in Washington
County. Service providers in the TUSA shall continue to participate in the Consortium
and use it as the forum for raising,discussing and addressing supply issues.
C. The Consortium may also serve as a forum to discuss and resolve water political issues
to the extent reasonable and practicable for water providers in Washington County. The
Consortium is an appropriate forum to bring elected officials together and for promoting
more efficient working relationships on water supply and conservation issues.
D. Intergovernmental agreements shall address ownership of interconnections between
CITY and Districts' sources,whether for the purpose of wholesale provision of water
from one entity to the other or for emergency use, in the case of a boundary change that
involves the site of the interconnection.
2. Maintenance/Distribution:
A. TVWD, TWD and the CITY do not anticipate any events in the foreseeable future that
would necessitate maintenance,rehabilitation or replacement beyond the financial reach
of any of the water providers in the TUSA. Each provider will continue to be
responsible for providing the financial revenue stream through rates and charges and to
accrue adequate reserves to meet foreseeable major maintenance needs.
B. TVWD,TWD,CITY,and COUNTY agree to maintain and participate in the
Cooperative Public Agencies of Washington County in order to efficiently share and
exchange equipment and services.
C. To the extent reasonable and practicable,TVWD,TWD and the CITY shall coordinate
mandated(under Oregon law)underground utility locating services to efficiently provide
service within the urban service areas.
D. TVWD,TWD and CITY agree to provide to one another copies of as-builts of existing
and new facilities and other types of water system maps for the purposes of facilitating
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July 2006
Page 27
planning, engineering and design of other utilities or structures that may connect,
intersect or be built in proximity to CITY facilities. The CITY agrees to incorporate
such mapping into its GIS mapping system of utilities and other facilities. TVWD, TWD
and CITY agree to develop and maintain a common,on-going, up to date GIS mapping
system showing facilities of each water provider within the TUSA.
3. Customer Service/Water Rates:
A. Price of supply and bonded indebtedness will most likely have the greatest impact on
rates.
B. TVWD, TWD, and the CITY believe that rates are equitable within the TUSA.
C. Given adequate water pressure,level and quality of service should not vary significantly
among different water providers in the TUSA and does not appear to be an issue for most
customers.
4. Withdrawal/Annexation/Merger:
A. Notwithstanding Section I of this AGREEMENT-Roles and Responsibilities,or
existing agreements between the providers, future annexations may lead to changes in
service provision arrangements. Modifications to any service area boundary shall
comply with METRO Code Chapter 3.09 and provisions identified under Section W. If
necessary,the Metro Boundary Appeals process shall be employed to resolve conflicts
between parties as they arise. TVWD, TWD, and the CITY shall continue to work
together to adjust boundaries as appropriate to improve the cost-effectiveness and
efficiency of providing service.
B. In the event that the entire service area of any DISTRICT is annexed in the future, that
district shall be dissolved. No attempt shall be made to maintain the district by delaying
annexation of a token portion of the district(e.g.,the district office).
C. The area of TVWD known as the Metzger service area shall remain in TVWD, except
those portions agreed to by both TVWD and CITY that may be withdrawn from TVWD
upon annexation to the CITY. In exchange,TVWD will support the CITY joining as a
partner of the Joint Water Commission.
D. Providers that propose a merger, major annexation or dissolution shall give all providers
in the study area an opportunity to influence the decision as well as plan for the
consequences. None of the parties waives its right to contest a major or minor boundary
change by any of the other parties on the issue of the appropriate service provider for the
area encompassed by the boundary change except when the party has expressly waived
that right as to a described service area in an agreement executed subsequent to this
agreement.
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