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06/03/1992 - Packet AGENDA NPO #3 MEETING WEDNESDAY, JUNE 3, 1992 - 7:00 P.M. TIGARD CITY HALL 13125 SW HALL BLVD. TIGARD, OREGON 1. CALL TO ORDER 2. ROLL CALL: PORTER BISHOP FROUDE GARNER HANSEN HELM MORTENSEN 3. Approve Minutes from May 6, 1992 meeting (attached). 4. Discussion regarding memo from Randy Wooley pertaining to Bull Mountain Summit Estates. 5. NPO #7 input on New Community Commercial District. 6. Discussion regarding ORS 190. 7. Review Notices of Decision received. 8. Other Business. 9. Adjournment TO ENSURE A QUORUM TO CONDUCT BUSINESS, PLEASE CALL LIZ NEWTON AT 639-4171, EXTENSION 308 IF YOU ARE UNABLE TO ATTEND h:\1ogin\jo\npo3-a MHY-1t�-1�y� 20:12 F-RUM Ek-(- HWUUKHM MHNHIatI'ItN I I U 7C»zi rZy r r.UI NPO 13 MnF=S may 6 1992 1. Meeting called to order at 7:09 p.m. 2. Present: Porter, Bishop, Froude, Garner, Hansen, Helm, Mortensen. 3. Minutes from April 1, 1992 were discussed and approved. 4. XLP 92-0001 - €'os'm/Renaissance request for minor land partition. a. Bev rroude called and was told only one house would be built on the new lot. b. TOIL - It was moved and seconded that the request be accepted as presented. Passed unanimously. 5. SUB 92-0005 - Quaestor/Lev►in/Hatrix request for approval of development applications. a. !MoN - It was moved and seconded to approve the applica- tion with the following stipulations: * Half street improvements be made along the entire I - frontage of the property. * Widen and improve the intersection of 121 Ave. & Gaarde St. * Provide a minimum of 3 way stop at 121 Ave. & Gaarde, with reconsideration of more control as traffic impact takes hold. 3 * Provide school bus turnout on 121 Ave. Passed unanimously. 6. ZCA 92-0004 •- PAkaler Annexation. a. MMION -- It was moved and seconded to accept the request as presented. Passed unanimously. 7. Notice of decisions received. a. Letter front Jerry offer regarding the Aspen Ridge drainage plan was read. b. Bev Froude relayed information regarding a discussion of the Anderson property held by the Planning commission. 8. Other business. a. -MMION - It was moved and seconded to request a copy of ORS.190 be provided for our June meeting. Passed unanimously. 9. Meeting adjourned at 8:35 p.m. Respectfully submitted, X4,jm'x� Lila Garner rnrnl 0 ni MEMORANDUM CITY OF TIGARD TO: Pat Reilly May 13, 1992 FROM: Randy Wooley SUBJECT: - Bull Mountain Summit Estates A number of complaints have been received about the Bull Mountain Summit Estates subdivision projects, located between Fern Street and Bull Mountain Road. Currently, all work has stopped on the PP projects and the owner, Seiyu, is reportedly seeking a buyer for the property. The Engineering Department has sent a letter to Seiyu establishing deadlines for resolving various problems . Erosion control measures must be restored on the project immediately. Stockpiling of construction equipment and materials on the site must be curtailed by May 22nd, unless actual construction is resumed. A plan to restrict access to the .site, in order to reduce vandalism and other illegal activities, must be in place by June 12th. Completion of off-site improvements to SW 135th Avenue, between the site and Walnut Street, must be completed by July 31st or, alternatively, SW 135th must be repaired and restored to the standard that existed prior to Seiyu' s. construction activities . The City holds a bond which can be used, if necessary, to restore 135th Avenue and to address erosion control problems . The other items are code violations and can be pursued through the civil infraction process, if necessary. Prior to recording the plat, Seiyu or its successors will be required to complete all improvements or bond to assure their completion. Without a recorded plat, they cannot sell lots nor receive building permits . We chose July 31st as the deadline for work on 135th for two reasons'. First, it provides sufficient time for Seiyu to hire a contractor and complete the work. Second, it leaves sufficient time for the City to file against the bond and complete street restoration before winter, if necessary. Based on inquiries we have received, it appears that there are prospective buyers interested in finishing the subdivision. We would prefer to see the improvements completed by a new owner, but we are prepared to take action against the Seiyu bond to address problems if necessary. C . NPO #3 CPO 7#4-B rw/seiyu Cal Uoolery S NPO #7 Chairman 12356 SU 132nd Court Tigard, OR 97223 May 9, 1992 City Council City of Tigard PO Box 23397 Tigard, OR 97223 RE- NEU COMMUNITY COMMERCIRL DISTRICT Council Members, NPO 47 endorses the new Community Commercial district. Our previous written testimony to the Planning Commission on this new commercial district is our collective view on it and its city-eaide application. Ue submit our previous written testimony on .this new district to the Council at the invitation of planning staff. Our previous exhibit on possible shopping center build-outs in this new district warrants mention here. Our exhibit demonstrates the impact of grocery store and general retail store size on the variety of goods and services possible at one location. Ue note that the plan and ordinance language for this new district now excludes the conditional use process to enlarge grocery store size to more than 40,000 sq ft gfa or general retail store size to more than 10,000 sq ft gfa. Respectfully, �(�' Z� " Cal Uoolery Copy- Jerry Offer Encls= Planning Commission letter Matt Marcott exhibit Shopping Center Build-outs exhibit • • Cal Uoolery NPO 87 Chairman 12356 SU 132nd Court Tigard, OR 97223 February 26, 1992 CIO, Planning Commission City of Tigard PO Box 23397 Tigard. OR 97223 RE: NEU COMMUNITY COMMERCIAL DISTRICT Commissioners, NPO #7 endorses the new Community Commercial district. However, we advocate additional lints on scale. First, this district should include a lower 30,000 sq ft limit on single grocery store gross floor area. Second, this district should exclude the conditional use process to raise a limit on single store gross floor area. Third, this district should include a limit on total commercial gross floor area <versus civic gfa) equal to 25X of site gross acres. Ue now agree with Mssrs. Bewersdorff and Offer that this commercial district could be compatible with residential areas at major collector- major collector intersections. Ue now understand that this district would be smaller than 8 acres at sone sites to be compatible with surrounding residential areas. Ue concede that this district could better serve sone residential areas from sites at sone major collector- major collector intersections. Ue still argue that this commercial district should include loss limits for single grocery store gfa <30.000 sq ft) and single general retail store gfa (10,000 sq ft) to ensure that such stores would be compatible utth residential areas. Low limits on gross floor area for single stores would: 1 > Soften storefronts within residential areas; 3) Promote stores that provide convenience shopping for nearby residents (see Matt Marcott exhibit>; 3> Limit stores that provide comparison shopping for general consumers; and 1) Promote a variety of goods and services at one location <see Shopping Center Build-out exhibit). • Page 2 Ue also argue that this district should exclude the conditional use process to raise a limit on single store gross floor area. It is right of residents to set limits on single store gfa now (versus hearings officers later) to ensure stores would be compatibles their neighborhoods. 0 find we still argue that this district should include a limit on total commercial gross floor area to promote sone civic use (branch library) within residential areas. Ue suggest a limit on total commercial gfa equal to typical site coverage of one-story retail build-out. Respectfully. Cal Uoolery Enclosures Copy= Jerry Offer Marcott's THRIFTWAY Stores Headq=fers 14555 S.W.Ted Beaverton.Oregon 97007 (503)626-6463 ' RECEIVED PLANNING January 28, 1992 JAN 3-1 Jerry Offer Development Review Planner Community Development Department 13125 SW Hall Blvd. P.O. Box 23397 Tigard, Oregon 97223 Dear Jerry, I realize you and your staff have already developed your final proposal for the new Community Commercial District. However, I would appreciate it if you would consider the following points. I have developed on this matter. They may be of some assistance in developing future recommendations regarding the possible application of this new zone. ORIGINAL INTENT OF NEIGHBORHOOD COMMERCIAL In determining the requirements for a supermarket within the newly proposed Community Commercial District, you should consider the reasoning for including supermarkets as a permitted use within this zone. The current Neighborhood Commercial zoning, which has always allowed for neighborhood oriented grocery stores, is considered outdated as it relates to supermarkets, due to the size limitations imposed. Therefore, in order for the City of Tigard to allow for neighborhood oriented grocery stores, they have 3 options: 1) increase the, size of food stores allowed under Neighborhood Beaverton West S11 re - - Murrayhill Sandy 0 The economic feasibility of a 25,000 sq. ft. or smaller store can be demonstrated by the number of those in operation today or in various stages of development. The average Thriftway store is 27,800 sq. O ft.. The mean size, however, is only 24,150 sq. ft.. We are Curr in negotiation for sites to construct stores of 13,500 sq. ft Hollywood District ), 22-24,000 sq. ft. ( SW Miller and Barn 27,000 sq.ft. ( Sellwood ). We also build very large supermarkets where the location allows ( Bales Milltowner. 44,000 sq. ft., Wilsonville: 46,000 sq. ft. and are currently considering a 46,000 sq. ft. store in the Tualatin area ). Safeway currently operates many stores between the 22,000 sq. ft. and 30,000 sq. ft. ( Cedar Hills, Cedar Mill, 185th & TV HWY, 13th & SW Jefferson, Hall & Pacific HWY plus many others). Sentry Stores Inc. currently operates 67 stores in Oregon. All but 14 of these stores are less than 25,000 sq. ft. in size. They market themselves as being "Just Your Size" and target neighborhood areas. As for a 25,000 sq. ft. stores ability to satisfy the needs of today's consumers, I would again point to the number of these stores in operation today. It would be impossible for this many stores to be operating and not be satisfying consumers needs. There are approximately 2 supermarkets in Oregon under 25,000 sq. ft. for every one supermarket between 35,000 sq. ft. and 40,000 sq. ft.. I can, as a businessman, appreciate the desire to build larger supermarkets. They pull customers from a much greater distance and can be extremely profitable. However, that does not negate the fact that these super large stores are still best suited for General Commercial Districts where they have operated for years. POSSIBLE COURSE OF ACTION If there is any question what size supermarket to allow in Community Commercial, I would suggest initially allowing for a 25,000 sq. ft. store. If this limitation does not promote the development of supermarkets in a timeframe which corresponds Commercial 2) allow General Commercial zoning in residential areas 3) create a new commercial zone which would allow for today's neighborhood supermarkets. If a new zone is developed, the originO intent of Neighborhood Commercial, as it relates to grocery should be adopted. When NC was developed it was intended to allow for neighborhood grocery stores ( Ron's Metzger Grocery Store). At that time the grocery industry was building stores ranging in size from approximately 2,500 sq. ft. up to 25,000 sq.ft.,the lower end of the spectrum being allowed in "neighborhood areas". This protected neighborhoods from the development of unnecessarily large commercial operations. Times however, have changed. The g Pe g grocery industry is now building stores which range in size from 15,000 sq. ft. to 50,000 ( even larger for warehouse stores). Today,if the City of Tigard desires to have grocery stores built in neighborhood areas, they must allow for larger stores than are permitted under Neighborhood Commercial. The question is, how large. In determining this, the original intent of protecting the neighborhoods from large commercial developments should not be disregarded. The new Community Commercial should again allow for the lower end of the spectrum _of current supermarket sizes as did the original Neighborhood Commercial. This would suggest a store of no larger than 25,000 sq.ft.. ' If adopted, this limitation in size would protect our neighborhoods livability for future generations as the limitation in size established in Neighborhood Commercial has in the past. VIABILITY OF A 25,000 sq. ft. SUPERMARKET The new Community Commercial District should allow for a size limitation which would allow a neighborhood grocery store to be a viable ooperation while still protecting Tigard's residential areas. We should define viability as both economically feasible and having the ability to satisfy the needs of today's consumers. with the needs of residents ( not simply the needs of certain sectors of the grocery industry), then the limitation on square footage could be increased. This will not happen however. Prior to any need arising, you will see intense competition from our industry for with a 25,000 sq. ft. limitation. If, on the other hand, you be ' allowing a commercial development of 40,000 sq. ft. within (W neighborhood areas and it is determined, as I am sure it will be, that these large stores are still best suited for General Commercial areas, it will be too late to remedy the situation by reducing the allowable square footage. One or more of Tigard's neighborhoods will already have been burdened by unnecessarily large commercial operations. ' The development of a Community Commercial District is an extremely important issue which will have a lasting impact on many of Tigard's neighborhoods. The type of approach outlined above will insure the least impact on our neighborhoods livability to accomplish the goals of the Community Commercial District. Thank you for taking the time to consider these points. If you have any questions, please feel free to contact me at (503)626-6463. Please keep me informed. Sincerely, 0- CA--L-A-_,�, Matt Marcott Beaverton/Tigard Resident Marcott's Thriftway Stores, Inc. Thriftway Board of Directors • • PROPOSED COMMUNITY COMMERCIRL DISTRICT POSSIBLE SHOPPING CENTER BUILD-OUTS EIGHT RCRE SCRLE ESTABLISHMENTS 6FR RCRES TOTRL SQ FT REQ'D EST's (R) (B) Q THRIFTURY 25,000 2.30 CENTURY PHARMACY 4,000 0.37 HOMECOURT PIZZA 3,500 0.32 BRSKIN ROBBINS 1 ,000 0.09 US BRHK 3,000 0.50 PERFECT LOOK SRLON 2,000 0.18 STRTE FARM 1 ,500 0.14 7-11 2,500 0.23 CHEURON 2,500 0.50 ENCHANTED FLORIST 2,300 0.21 ONE HOUR PHOTO 1 ,000 0.09 SHARIS 4,600 0.42 ACE HARDUARE 10,000 0.92 MRIL BOX PLUS 1 ,500 0.14 SPROUSE REITZ 10,000 0. 92 ALPINE DRY CLERNERS 2,500 0.23 UIDEOLRNO 5,000 0.46 61 ,900 8.0`2 T71 ESTABLISHMENTS GFR ACRES TOTAL SQ FT REQ'D EST's <A) <B) RLBERTSONS 47,500 4.36 PRYLESS 30,000 2.75 CHEURON 2,500 0.50 SHARIS 4,600 0.42 84,600 8.04 4 (R) In general, retail gross floor area <6FR) is similar to existing build-outs in Tigard and Beaverton. (B) In general, retail GFR requires four times as much land as 6FR; and a small drive-through requires about 1/2 acre. NPO 7 EXHIBIT • PROPOSED COMMUNITY COMMERCIAL DISTRICT POSSIBLE SHOPPING CENTER BUILD-OUTS SIX ACRE SCALE ESTABLISHMENTS GFR ACRES TOTAL SQ FT REW O EST'S (R) (B) THRIFTUAY 25,000 2.30 CENTURY PHARMACY 4,000 0.37 O BASKIN ROBBINS 1 ,000 0.09 US BANK 3,000 0.50 PERFECT LOOK SALON 2,000 0.18 STATE FARM 1 ,500 0.14 CHEURON 2,500 0.50 ENCHANTED FLORIST 2,300 0.21 SHRRIS 4,600 0.42 ACE HRROURRE 10,000 0.92 ALPINE DRY CLEANERS 2,500 0.23 PARADISE UIDEO 2,100 0.19 60,500 6.05 12 ESTABLISHMENTS GFA ACRES TOTAL SQ FT REW D EST'S RLBERTSONS 47,500 4.36 ACE HRROURRE 10,000 0.92 CHEURON 2,500 0.50 PARADISE UIDEO 2,100 0. 19 62,1 00 5.97 4 (R) In general, retail gross floor area <GFA) is similar to existing build-outs in Tigard and Beaverton. <B) In general, retail 6FR requires four times as much land as GFR: and a small drive-through requires about 112 acre. •NPO 7 EXHIBIT 0 • PROPOSED COMMUNITY COMMERCIRL DISTRICT POSSIBLE SHOPPING CENTER BUILD-OUTS EIGHT ACRE SCALE ESTABLISHMENTS GFR ACRES TOTAL SO FT REW D EST'S (A) (B) O SENTRY 25,000 2.30 (DIV URLUE-RITE PHARMACY 3,700 0.34 GODFATHERS 5,000 0.46 BASKIN ROBBINS 1 .000 0.09 FIRST INT BANK 2,900 O.SO SHEAR IMAGES SALON 1 ,000 0.09 STATE FARM 1 ,500 0.14 GENTAL DENTAL 2,000 0.18 7-11 1 ,SOO 0.14 CHEURON 2,500 0.50 ENCHANTED FLORIST 2,300 0.21 ONE HOUR PHOTO 1 ,000 0.09 SUMMIT RESTAURANT 3,000 0.28 SCOTTY'S PUB 3.000 0.28 ACE HRROUARE 10,000 0.92 MAIL BOX PLUS 1 ,500 0.14 MAYTAG REPAIR 2,100 0.19 SUB SHOP 2,200 0.20 ELITE TAILORS 1 ,900 0.17 ALPINE DRY CLEANERS 2,500 0.23 EXPRESS SHOE REPAIR 1 ,000 0.09 UIDEOLRND 5,000 0.46 01 .600 8.00 22 ESTRBLISHMEHTS GFR ACRES TOTAL SO FT REW O EST'S <R) <B) RLBERTSONS 47,500 4.36 PAYLESS 30,000 2.75 GODFATHERS 5,000 0.46 CHEURON 2,500 0.50 85,000 8.08 4 <R) In general, retail gross floor area <GFR) is similar to existing build-outs in Tigard and Beaverton. -NPO 7 EXHIBIT PROPOSED COMMUNITY COMMERCIAL DISTRICT POSSIBLE SHOPPING CENTER BUILD-OUTS SIX ACRE SCALE ESTRBLISHMEHTS GFR ACRES TOTAL SQ FT REQ'O EST's <A) <B) Q SENTRY 25,000 2.30 URLUE-RITE PHARMACY 3,700 0.34 l\ ll BASKIN ROBBINS 1 ,000 0.09 FIRST INT BANK 2,900 0.50 SHEAR IMAGES SALON 1 ,000 0.09 STATE FARM 1 ,500 0.14 CHEURON 2,500 0.50 ENCHANTED FLORIST 2,300 0.21 ONE HOUR PHOTO 1 ,000 0.09 SUMMIT RESTAURANT 3,000 0.28 ACE HARDURRE 10,000 0.92 PRPR RLDOS 1 ,500 0.14 ALPINE DRY CLEANERS 1 ,500 0.14 PRRRDISE UIDEO 2,100 0.19 59,000 5.92 14 ESTABLISHMENTS GFR ACRES TOTAL SQ FT REW O EST'S <R) <B) RLBERTSONS 47,500 4.36 URLUE-RITE PHARMACY 3,700 0.34 FIRST INT BANK 2,900 0.50 CHEURON 2,500 0.50 ALPINE DRY CLEANERS 1 ,500 0.14 PRRRDISE UIDED 2,100 0. 19 60,200 6.03 6 <R) In general, retail gross floor area <GFR) is similar to existing build-outs in Tigard and Beaverton. <B) In general, retail GFA requires four times as much land as GFR; and a small drive-through requires about 1/2 acre. NPO 7 EXHIBIT GOVERNMENT COOPERATION; CENSUS; ARBITRATION 190.050 INTERGOVERNMENTAL (d) The transfer of possession of or title COOPERATION to real or personal property. 190.003 Definitions for ORS 190.003 to (e) The term or duration of the agree- 190.110. As used in ORS 190.003 to 190.110, ment, which may be perpetual. "unit of local government" includes a county, (f) The rights of the parties to terminate city, district or other public corporation, the agreement. commission, authority or entity organized and existing under statute or city or county (2) When the parties to an agreement are charter. (1967 c 550§21 unable, upon termination of the agreement, to agree on the transfer of personnel or the 190.007 Policy; construction. In the in- division of assets and liabilities between the terest of furthering economy and efficiency parties, the circuit court has ,jurisdiction to in local government, intergovernmental co- determine that transfer or division. (Amended operation is declared a matter of statewide by 1967 c.550 §51 concern. The provisions of ORS 190.003 to 190.030 Effect of agreement. (1) When 190.110 shall be liberally construed. (1%7 c.550 an a eement under Olga 1910.010 has been §31 190.010 Authority of local govern- entered into, the unit of local government, consolidated department, intergovernmental menta to make intergovernmental agree- ment. A unit of local government may enter entity or administrative officer designated into a written agreement with an other unit therein s perform specified functions or ac- into y tivities is vested with all powers, rights and or units of local government for the per- duties relating to those functions and activ- formance of any or all functions and activ- ities that are vested by law in each separate ities that a party to the agreement, its per, to the agreement, its officers and officers or agencies, have authority to per- agencies. form. The agreement may provide for the performance of a function or activity: (2) An officer designated in an agreement (1) By a consolidated department; to perform specified duties, functions or ac- tivities of two or more public officers shall By y providing be considered to be holding only one office. officers; (3) An elective office may not be termi- (3) ,By means of facilities or equipment nated by an agreement under ORS 190.010. jointly constructed, owned, leased or oper- (Amended by 1967 c.550§6; 1991 x583 §21 ated; MAO (Amended by 1953 x182 §2; 1957 x428 §l; (4) By one of the parties for any other repealed by 1963 c.189§31 party; 190.050 Fees for geographic data; uses. (5) By an intergovernmental entity ere- (1) An intergovernmental group may impose ated by the agreement and governed by a and collect reasonable fees based on market board or commission appointed by, responsi- prices or competitive bids for geographic ble to and acting on behalf of the units of data that have commercial value and are an local government that are parties to the entire formula, pattern, compilation, pro- agreement; or gram, device, method, technique, process, (6) By a combination of the methods de- data base or system developed with a signif- scribed in this section. (Amended by 1953 c.161 §2; icant expenditure of public funds. An inter- 1963 c.189§1; 1967 c.550§4; 1991 c.583 §11 governmental group may enter into 190.020 Contents of agreement. (1) An agreements with private persons or entities agreement under ORS 190.010 shall specify to assist with marketing such products. Not- the functions or activities to be performed withstanding any other provision of law, and by what means they shall be performed. intergovernmental group software product _ Where applicable, the agreement shall pro- programming source codes, object codes and vide for: geographic data bases or systems are confi- (a) The apportionment among the parties dential and exempt from public disclosure to the agreement of the responsibility for under ORS 192.502. Nothing in this section providing funds to pay for expenses incurred authorizes an intergovernmental group to re- in the performance of the functions or activ- strict access to public records through inclu- ities. sion of such records in a geographic data (b) The apportionment of fees or other base or system. revenue derived from the functions or activ- (2) Fees collected under subsection (1) of ities and the manner in which such revenue this section shall be used: shall be accounted for. (a) For maintenance of the formula, pat- (c) The transfer of personnel and the tern, compilation, program, device, method, preservation of their employment benefits. technique, process, data base or system; and 19-21 • MISCELLANEOUS MATTERS 190.070 (b) To provide services through the videsyotheunless rwise the agreement specifically pro- mula, pattern, compilation, program, device, method, technique, p d Y art to an intergovernmental process, ata base or s s- (4) A party, g tem to public bodies paying a service charge agreement creating an intergovernmental to the intergovernmental group. entity mayassume responsibility for specific 3 As used in this section, "intergovern- debts, liabilities entity.obligations of the inter- (3) mental group" means two or more units of governmentalw local government that have entered into a (5) Any moneys collected by or credited written agreement under ORS 190.010. [1991 to an intergovernmental entity shall not ac- c= §21 true to the benefit of private to all assets of 190.070 Agreement changing service dissolution of the entity, responsibilities requires changes in tax the intergovernmental entity shall vest in coordination resulting from change. (1) S the parties to the intergovernmental tcreating the entity an agreement entered into under ORS went. de aprocedure for: 190.010 to 190.030 or 190.110 between or shall p disposition, division and distrib- among units of local government includes (a) The changes m service responsibility, that agree- ution of any assets acquired by the integov- ment shall set forth any changes in tax co- ernmental entity; and ordination resulting from the change in (b) The assumption of any outstanding service responsibility. indebtedness or other liabilities of the entity (2) This section applies to agreements by the parties to the intergovernmental entered into after September 29, 1991, and agreement that created the entity. before January 1, 1994. [1991 c.M §91 (g) An intergovernmental entity created Note- 190.070 was enacted into law by the l,egisla-of by intergovernmental agreement under mORS tive Assembly but was not added to or made a plattive 190.010 may be terminated at any ORS chapter 190 or any series therein by legis action. See Preface to Oregon Revised statutes for fur- unanimous vote of all eor as providee Cher explanation intergovernmental agreement 190.080 Powers of intergovernmental by the terms of the agreement. [1991 c.583 §41 b intergovernmental 190.085 Ordinance ratifying intergov- entity created Y are agreement creating entity. (1) agreement; limits, debts of entity ernmental debts of partier to agreement; procedure prior to the effective date of an mtergovern- for distribution of assets. (1) An intergov- mental agreement creating an intergovern- ernmental entity created by an intergovern- mental entity, each of the parties to the mental agreement under ORS 190.010 may, intergovernmental agreewent shall enact an ation of the inter according to the terms of the agreement: ordinance ratifying theAncr ordinance enacted (a) Issue revenue bonds under ORS governmental entity. 288.805 to 288.945 to accomplish the public under this subsection shall: purposes of the parties to the agreement, if (a) Declare that it is the intent of the after a public hearing the governing body of governing body enacting the ordinance to each of the units of local government that create an intergovernmental entity by inter- are parties to the agreement approves, by governmental agreement; resolution or order, the issuance of the re- (b) Specify the effective date of the venue bonds; intergovernmental agreement; (b) Enter into agreements with vendors, (c) Set forth the public purposes for trustees or escrow agents for the installment which the intergovernmental entity is cre- ase or lease, with option to purchase' of ated; and of real or personal property ri the period B- ent under an agree- (d) Describe the powers, duties and func- time allowed for payor tions of the intergovernmental entity. merit does not exceed 20 years; and (c) Adopt all rules necessary to carry fective date(2) Notlof anaterd intergoan 30 vernmental s after tagree- its powers and duties under the intergo merit creating an intergovernmental entity mental agreement. under ORS 190.010, the parties to the inter- (2) An intergovernmental entity shall not governmental agreement shall file with the have the power to levy taxes or issue general Secretary of State copies of the ordinances obligation bonds. required under this section together with a (3) The debts, liabilities and obligations statement containing the name of the inter- of an intergovernmental entity shall be, governmental entity created, the parties to jointly and severally, the debts, liabilities the agreement, the purpose of the agreement agreement a rties that to theter- nd a §5,e effective date of the agreement. (1991 and obligations of the p governmental 19-22 GOVERNMENT COOPERATION• CENSUS; AR.BITRAT9N 190230 190.110 Authority of units of local of a work of improvement upon a district is government and stateagenvies to coop- binding upon the district until the project j erate. (1) In performing a duty imposed upon and the method of financing its-costs have t it or in exercising a power conferred upon it, been authorized in accordance with the laws a unit of local government or a state agency that apply to that district. ' of this state may cooperate, by agreement or (3) This section is intended to be supple- } otherwise, with a unit of local government mentary and in addition to and is not m- or a state agency of this or another state, or tended to repeal anlaw authorizing this with the United States, or with a United y States governmental agency, or with an state or any political subdivision or i American Indian tribe or an agency h an instrumentality thereof to make contracts with the United States or any agency or American Indian tribe. This power includes power to provide jointly for administrative c 50§2]t mentality thereof. (1959 c 113§$1,2,3; 1969 ; officers. (2) With reto an American Indian 190210 Executive Department to l maintain liaison with local governments tribe, the power described in subsection (1) providing services to state agencies. The of this section includes the power of the � Executive De artment to enter into a Legislative Assembly recognizes the need for i ments to insure that the state, a state a enc intergovernmental cooperation between the state governmental agencies located in the or unit of local government does not inter- various regions of the state and the local fere with or infringe on the.exercise of any governmental agencies which provide the right or privilege of an American Indian state agencies necessary services such as: (a) tribe or members of a tribe held or granted Fire and police protection; (b) sewage, water under any federal treaty, executive order, and storm drainage; (c) traffic and transpor- agreement, statute, policy or any other au- tation facilities; (d) refuse disposal; and (e) thority. Nothing in this subsection shall be schools, parks and zoning. In meeting this f. construed to modify the obligations of the need for intergovernmental cooperation, the United States to an American Indian tribe Executive Department shall maintain liaison or its members concerning real or personal with the various local governmental agencies property, title to which is held in trust by which provide services to the state agencies the United States. [Amended by 1963 c189§2-, 1%7 and may participate in the joint deliberations c.550 §7; 1985 c267 §11 of the local governments in developing dans 190.120 [1955 c.164 §l; 1959 c.662 §3; 1961 x108 §8; for services which are supported or utilized renumbered 2979101 by these state agencies. (1961 c.591 §11 190.150 Agreements under federal 190220 State to a share of cosi of Watershed Protection and Flood Pre- ventionpay Act. (1) Districts that may enter intergovernmental and planning studies; into agreements with the United States, or limitation. (1) The Executive Department is any agency or instrumentality thereof, under authorized to pay out of the General Fund, the Watershed Protection and Flood Pre- the extent that moneys are available vention Act, as amended (16 U.S.C. 1002), therefor, its proportionate share of the cost of development and coordination of intergov- are:(a) People's utility districts organized ernmental studies and plans prepared by tax P Y supported intergovernmental planning under ORS chapter 261. groups, except that the state's financial par- (b) Domestic water supply corporations ticspation shall be limited to the planiun9 i organized under ORS chapter 264. and coordinating of those activities and ser- 1 (c) Irrigation districts organized under vices which are supported or utilized by the ORS chapter 545 and ORS 548.005 to 548.120 state agencies located in the various regional and 548.305 to 548.715. areas. i g (d) Drainage districts organized under (2) The Executive Department is author- (� ORS chapter 547 and ORS 548.005 to 548.120 ized to pay, from moneys appropriated for �) and 548.305 to 548.715. such purposes, grants-in-aid to tax supported intergovernmental planning groups in sup- t (e) Diking districts organized under ORS port of planning activities conducted by such i chapter 551. groups. [1961 c.591 §2; 1969 c.136§51 (f) Water control districts organized un- 190.230 Public employment status of der ORS chapter 553. certain persons under various federal (g) Irrigation, drainage, water supply or programs. Persons who are recipients, ben- y flood control corporations organized under eficiaries or trainees in work training, work j ORS chapter 554. P study and work experience programs author- (2) uthor- �{ (2) No agreement under subsection (1) of ized, by the Economic Opportunity Act ofT. this section that imposes any part of the cost- 1964 (United States Public Law 88452), as 19-231; 190.240 MISCELLANEOUS MATTERS amended; persons who are volunteers under (4) In the case of the Department of section 603 of that Act; and persons partic- General Services, the cost of services fur- ipating in the Work Incentive Program, Title nished pursuant to subsection (1) of this sec- IV of the Social Security Act (United States tion may be advanced from the General Public Law 90-248), as amended; and persons Services Operating Account and reimbursed participating in programs of work experience to the fund from the charges paid to the de- and training during their participation in partment by the Federal Government, city, such programs: county, district or other municipal corpo- (1) Are not serving in positions in the ration or political subdivision for which the service of the state or any county or city for services are§43; 1969 performed. (1965 c,351 §2(2),(3); 1967 purposes of any merit system or civil service iti,rn;chin centralized ac- law or of any state, county or city retirement 190250 g system. counting and data processing services to (2) Are workers covered under the state federal and local governmental units. system of workers' compensation if the re- Upon request of the Federal Government or cipient, beneficiary or trainee is not other- a city, county, district or other municipal wise covered by a federal program . of corporation or political subdivision in insurance offering similar coverage. [1965 c.405 Oregon, the Executive Department may pro- §1; 1969 c.227 §1; 19W5 c.107 §1; 1977 c294 §1; 1985 c.565 vide centralized accounting, data processing, §231 data recording and storing and other similar 190240 Furnishin of services b 'state services for such Federal Government, city, g y county, district or other municipal corpo- agency to federal and local governmental ration or political subdivision. The cost of units. (1) Subject to rules prescribed by the the services provided under this section may Executive Department, any state agency as be advanced out of the Executive Depart- defined in ORS 291.002 may, upon request, ment Revolving Fund and the cost thereof furnish to the Federal Government or a city, shall be charged to the Federal Government, county, district or other municipal corpo- city, county, district or other municipal cor- ration or political subdivision in Oregon the poration or political subdivision for which same or similar services, other than materi- the services are performed. [1965 c.351 §2 (1); als, equipment and supplies, having a single 1967 G454§911 unit price of less than $500, furnished under L90 M [Formerly 297.920; repealed by 1967 c.454 the laws of this state to other state agencies. §119] Equipment does not include used goods; ma- terial and supplies' do not include goods INTERGOVERNMENTAL produced by the State of Oregon. The cost COORDINATION of the services provided under this sub- section shall be charged to the Federal Gov- 190.310 Definitions for ORS 190.310 to emment, city, county, district or other 190.340. As used in ORS 190.310 to 190.340, municipal corporation or political subdivision unless the context requires otherwise: for which the services are performed. (1) "Federal aid" includes all types of (2) Except as provided in subsections (3) federal grants, federal financial assistance, and (4) of this section, in the case of state federal loans and other types of federal as- agencies, the cost of services furnished pur- sistance, whether or not any state or local suant to subsection (1) of this section may funds are required to match or contribute be paid out of the miscellaneous receipts ac- toward the costs of the program for which count established pursuant to ORS 279.833 federal aid is available. for such agencies. All moneys received by an (2) "Local governments" means municipal agency in payment of such services shall be corporations as defined in ORS 294.311. paid into the State Treasury for deposit to the credit of the miscellaneous receipts ac- - (3) "State agency" means state agency as count established pursuant to ORS 279.833 defined in ORS 291.002. [1967 c.165 §11 for the agency furnishing the service. 190.320 Intergovernmental Coordi- (3) In the case of the Executive Depart- nation Division; administrator. The Office ment, the cost of services furnished pursuant of Intergovernmental Coordinator that has to subsection (1) of this section may be ad- heretofore operated under ORS 190.310 to vanced from the Executive Department Re- 190.340 is hereby transferred into the Inter- volving Fund and reimbursed to the fund governmental Coordination Division of the from the charges paid to the departmecit by Executive Department of the state. The ad- the Federal Government, city, county, dis- ministrative head of the division shall be trict or other municipal corporation or poli- known as the Administrator of the Intergov- tical subdivision for which the services are "emmental Coordination Division. [1967 c.165§2; performed. 1969 c.80 §271 X. 19-24 GOVILENT COOPERATION; CENSUS#BITRATION 190.480 190.330 Duties of division. The Inter- ner by the governing bodies of the governmental Coordination Division shall: participating public agencies. • (1) Compile and maintain current infor- (3) An agreement under subsection (2) of mation on available and pending federal aid this section must specify its duration, the programs and make this information avail- organization, composition and nature of any able to state agencies and to local govern- separate legal or administrative entity cre- ments in this state. ated to exercise the functions agreed upon, (2) Provide assistance, as requested, to the purpose of the agreement, the method of state agencies and local governments in this financing the joint or cooperative undertak- state in preparing applications for federal ing, the methods to be employed to terminate aid the agreement, and any other necessary and proper matters. (3) Compile and maintain current infor- (4) No agreement under subsection (2) of mation relating to the amounts of federal aid this section shall relieve any public agency being received and disbursed by state agen- ofan obligation or responsibility imposed cies and local governments in this state. on it by law. (19x9 c.390 §21 (4) Analyze the relations of federal aid 190.430 Attorney General to review programs with state and locally financed agreements.. Eve agreement na made under programs and make recommendations to ORAS 190.420 shall be submitted to the Attor- state agencies, local governments, the Direc- O General before Lakin effect. The Attor- tor of the Executive Department, the Gover- 3' g nor and the Legislative Assembly on means ney General shall determine whether the of avoiding duplication of activity and of in- agreement is in proper form and compatible creasing efficiency in programs financed by with the laws of this state. If the Attorney federal aid. (1967 c.165 §3; 1%9 c.80 §28; 1975 x605 General determines that the agreement is in §131 some instance improper, the Attorney Gen- eral Agencies All shall give written notice to the govern- 190.340 body of the public agency in this state agencies and officers of this state and all lo- concerning the specific respects in which the cal governments and officers thereof in this agreement fails to comply with law. Failure state are directed to assist the division in to give such notice within 30 days of sub- carrying out its functions under ORS 190.310 mission of the agreement to the Attorney to 190.340 by furnishing the division such General shall constitute approval of the information as the Administrator of the agreement. (1969 c.390§31 Intergovernmental Coordination Division re- aquests and is relevant to those functions. 190.440 Powers of public agency under • [1967 c.165 §4; 1969 c.80§291 agreement. Any public agency entering into an agreement under ORS 190.410 to 190.440 INTERSTATE COOPERATION may expend funds and may sell, lease, give or otherwise supply the administrative board 190.410 Definitions for ORS 190.410 to of other legal or administrative entity that 190.440. As used in ORS 190.410 to 190.440, operates the joint or cooperative undertaking "public agency" includes any county, city, by providing such personnel or services special district or other public corporation, therefor as may be within its legal power to commission, authority or entity organized furnish. (1969 c.390§41 and existing under laws of this state, or any 190.470 Council of State Governments other state, or under the city or county declared a joint governmental agency. charter of any county or city of this or any The Council of State Governments is a point other state. [1969 c.390§1] governmental agency of this state and of the 190.420 Authority of public agency to other states which cooperate through it. make a [Formerly P g y 189.100]agreements with public agencies in other states; content of agreement; li- ability of public agency. (1) Any power or INTERNATIONAL COOPERATION powers, privileges or authority exercised or o capable of exercise by a public agency in this 190.480 Definition for ORS to 190. to state may be exercised and enjoyed ,jointly 190.490. As used in ORS 190.480 t 190.490, with any public agency in another state to state agency or agency means every the extent that the laws of the other state state officer, board, commission, department, permit such joint exercise or enjoyment. institution, branch or agency of state gov- (2) Public agencies in this state and in ernment whose costs are paid wholly or in g art from funds held in the State Treasury. another state may enter into agreements 1991 c.137 §11 with one another for joint or Cooperative Note: 190.480 to 190.490 were enacted into law by action. Such action must be recorded by or- the Legislative Assembly but were not added to or made dinance, resolution or in other lawful man- a part of ORS chapter 190 or any series therein by leg- r 19-25 190.485 MISCELLANEOUS MATTERS islative action. See Preface to Oregon Revised Statutes (3) This section does not apply to the for further explanation. Legislative Assembly, the courts and their 190.455 Authority of state agency to officers and committees, the Secretary of exercise authority jointly with nation or State and the State Treasurer in the per- national agency of other than United formance of the duties of their constitutional States; content of agreements. (1) Any offices. 11991 c.137 §31 , power or powers, privileges or authority ex- Note: See note under 190.480. ercised or capable of exercise by a state agency in this state may be exercised and STATE CENSUS enjoyed jointly with a nation or a public agency in any nation other than the United 190.510 Definitions for ORS 190.510 to States, n the extent that the laws of the 190.610. As used in ORS 190.510 to 190.610, unless the context requires otherwise: United States and of the other nation do not prohibit such joint exercise or enjoyment. (1) "Board" means the State Board of (2) A state agency may enter into an Higher Education established under ORS agreement with another nation or public 351.010. agency of another nation for joint and coop- (2) "City" means any incorporated city erative action. or town. [Formerly 221.845; 1965 c.207§11 (3) An agreement described in subsection 190.520 Annual estimate of population (2) of this section must specify its duration, of cities and counties by State Board of the organization, composition and nature of Higher Education; actual count. The any separate legal or administrative entity board shall: created to exercise the functions agreed (1) Annually estimate the population as upon, the purpose of the agreement, the of July 1 of each city and county within the method of financing the joint orcooperative g year file with the Secretary state and no later than December 15 of each undertaking, the methods to be employed to of State a cer- terminate the agreement and other necessary tificate of population showing the board's es- and proper matters. timate of the population of each city and (4) No agreement described in subsection county within the state as of July 1. The (2) of this section shall relieve any state board's estimate may be based upon statis- agency of any obligation or responsibility tical or other pertinent data or upon an ac- imposed upon it by the laws of this state or tual count. The certificate shall also indicate of the United States. 11991 c.137 §21 the results of any enumeration of cities or Note: See note under 190.480. anne4ed areas made after July 1. 190.490 Approval of agreement by At- (2) Annually estimate the number of per- torney General; filing of agreement; ex- sons between the ages of 4 and 20 who re- ception. (1) Every agreement entered into sided in each county as of October 25. The under ORS 190.485 shall be submitted to the board shall certify such estimate to the Su- Attorney General before taking effect. The perintendent of Public Instruction and to the Attorney General shall determine whether executive officer of the administrative office the agreement is in proper form and compat- of each county, as defined in ORS 328.001, ible with the laws of this state. If the Attor- by January 1 of each year. ney General determines that the agreement (3) Upon an official request from a city, is improper in some respect, the Attorney county, political subdivision, public corpo- General shall give written notice to the state ration or state agency, cause to be conducted agency concerning the specific respects in at the expense of the requesting party an which the agreement fails to comply with actual count of the population of the area law. Failure of the Attorney General to give specified in the request and file with the such notice to the state agency within 30 Secretary of State a certificate of population days of submission of the agreement to the based upon such count. Attorney General's office shall constitute ap- (4) Upon the incorporation of a city, proval of the agreement. The Attorney Gen- cause to be conducted at the expense of the eral may exempt certain agreements, classes of agreements or form agreements from the city an actual count of the pcity. The board shall file population certificate e pulation of the requirement that the agreement be approved population with the Secretary of State based by the Attorney General before taking effect. upon such count. If the election of officers (2) The state agency shall file any agree- of the newly incorporated city is held 40 days ment made under ORS 190.485 with the or more before the end of the calendar quar- Executive Department within 30 days of the ter, the certificate shall be filed before the effective date of the agreement. The depart- end of the calendar quarter. If the election ment may adopt rules necessary for the ad- is held less than 40 days before the end of ministration of this subsection. the calendar quarter, the certificate shall be 19-26 • s GOVERNMENT COOPERATION; CENSUS; ARBITRATION =190.730 filed before the end of the calendar quarter 190.620 Effect of corrected certificate next following the election. (Formerly 221.850; on payments to cities or counties; ad- 1963 c.312§l; 1971 c294§111 justment of payments. (1) Whenever a cor- 190.530 Revision of certificate; effect. rected certificate of census is filed and the Upon petition from a city, county, political correction is such that payment of funds un- subdivision, public corporation or state der ORS 323.455, 366.785 to 366.820 or agency for reconsideration, or upon its own 471.810 was more or less than the city, motion, the board may revise its determi- county or other area would have been enti- nation of the population of a city, county or tled, the payment shall be corrected in the other area. Payment of funds to a city, distribution of funds next following the erro- neous distribution. In computing the cor- county or other area under ORS 323.455, 366.785 to 366.820 or 471.810 shall be affected rected distribution, the amount due any city by a subsequent filing of a corrected certif- or county or other area under the corrected icate under this section in the manner pro- certificate shall be distributed first, and the vided by ORS 190.620. [Formerly 221.855; 19x3 amounts payable that would otherwise be c.312§2; 1971 c.222§21 distributed shall be adjusted accordingly. 190.540 Effect of certificate of popu- (2) The provisions of subsection (1) of lation; use in computing shares of state this section shall apply to all distributions revenues. (1) The population shown in the made after December 31, 1970, if a corrected certificate of population of the board filed certificate has been filed prior to the distrib- pursuant to ORS 190.520 or 190.530 shall be ution next following the erroneous distrib- the official population of the city, county or ution. If e corrected certificate before the distribution next following sothe era other area covered by the certificate until a roneous distribution, no adjustments are re- later certificate covering such city, county quired and the corrected certificate shall or other area is filed by the board. affect only those distributions made after the (2) After a certificate of population is corrected certificate is filed. [1971 c.2m §11 filedppursuant to ORS 190.520 or 190.530, the - population of a city, county or other area as INTERGOVERNMENTAL shown in the certificate shall be the official ARBITRATION and exclusive basis for determining per capita allocation and payment of funds to 190.710 Definitions for ORS 190.710 to such city, county or other area under QRS 190.800.As used in ORS 190.710 to 190.800: 366.785 to 366.820 and 471.810 until the filing (1) "Association" means the American by the board of a later certificate for-such Arbitration Association. city, county or other area. (Formerly 221.860; government" means a city, 1961 c.259§l; 1963 c.312§3; 1967 c.577§61 (2) "Localg 190.550[Formerly 221.865;repealed by 1965 c.207§71 county, special district or other public cor- 190 560[Formerly 221.870;repealed by 1965 c.207§71 poration, commission, authority or entity or- ganized under state statute or city or county 190.570[Formerly 221.875;repealed by 1965 c.207§71 charter. 190.580 Rules and regulations. The (3) "State agency" means any state board, board may adopt such rules and regulations commission, department or division. [1981 c.857 as it considers desirable and expedient in the §11 conduct of its duties under ORS 190.510 to 190,720 Agreement to arbitrate; costs. 190.610. (Formerly 221.8801 (1) Disputes between a state age ncy or local 190.590 Reporting information to government and another state agency or lo- board. Any state agency, or officer thereof, cal government, including disputes relating and any city, or department, officer or em- to the title to real estate, may, if the parties ployee thereof, shall, upon request of the agree, be submitted to the award of an board, furnish such available information as arbitrator of the association. The agreement may be required by the board in securing may not be rescinded after the notice of in- accurate data and information upon which to tent to arbitrate has been mailed to the as- base its estimates. The board may prescribe sociation. in such information. 2 Costs of arbitration shall be assessed the form for reporting ( ) (Formerly 221.8851 to the parties as provided by the commercial 190.600(Formerly 221.890; repealed by 1963 c.115§21 arbitration rules of the association. (1981 c.857 §§2, 12] 190.610 Board to establish program at 190.730 Submission to regional office. state institution of higher education. The The parties shall submit to the northwest at one or board shall establish a program re ional office of the association: more of the institutions under its control, designed to perform the duties p p P imposed u (1) Duplicate copies of a notice of inten- on it by ORS 190.510 to 190.610. (1965 c.207 §61 tion to arbitrate; 19-27 ry 190.740 MISCELLANEOUS MATTERS (2) Duplicate copies of each party's subpoena requiring a person to appear and statement of the nature of the dispute, the be examined with reference to a matter amount of money involved, if an and the within the Y scope of the proceeding, remedysou P P g,.and to sought; and g � produce books, records or papers pertinent to (3) The administrative fee required by the the proceeding. In case of disobedience to the association. (1981 c.857§3) subpoena, the party requesting it may peti- 190.740 Arbitration rules. Except tion the circuit court of the county a which P the witness resides or the circuit court of the otherwise provided in ORS 190.710 to 190.800, county in which the inquiry is being held to an arbitration proceeding shall be conducted require compliance with the subpoena. The under the commercial arbitration rules of the circuit court, in case of refusal o a. a association as they existed on January 1, subpoena, may issue an order requiring the 1981. [1981 x857 §4) person to appear and to produce books, re- 190.750 Selection of arbitrators. (1) cords and papers and give evidence on the Arbitrator candidates shall be selected from matter in question. Failure to obey the order a list of candidates provided by the associ- of the court may be punished by the court ation. as contempt. [1981 c.857§7] (2) The association shall make an initial- 190.780 Depositions. On application of a screening for bias as may be appropriate and party to the arbitration, the arbitrator may shall require a candidate for a particular order the deposition of a witness to be taken case to complete a current personal disclo- for use as evidence and not for discovery if sure statement under oath. In addition to the witness cannot be compelled to attend other relevant information, the statement the hearing or if exceptional circumstances shall disclose the present residence and im- exist making it desirable. (1981 c.857 §8) mediate prior residence of the candidate, any 190. 790 Relief; prior association with any of the parties and briefs; opinion;arbitrator dam- any personal acquaintance with counsel for ages' filing of award. ed The arbitrator the parties. If the statement reveals facts may grant any relief deemed appropriate. which suggest the possibility of bias, the as- (2) The arbitrator may order submission so 'ation shall communicate those facts to of written briefs within 30 days after the the parties. The arbitrator shall then be ap- close of hearings. In addition to a brief, each pointed in accordance with the rules of the party may summarize the evidence and pro- a pose an ssoci award. ard. (1981 c.857§5] P 190.760 Procedure during arbitration. (3) The arbitrator shall issue a written (1) The arbitrator shall regulate the he t1? °pinion and award within 30 days after the g clos in accordance with the rules of a of the hearing or the receipt of beefs the associ- P , ation except that: if ordered. (a) The arbitrator shall take an oath of (4) Damages or other remedies shall be office. without limitation as to nature or amount unless otherwise provided by law. (b) Testimony shall be taken under oath. (5) The award shall be filed with a clerk (c) After the first witness is sworn,-an as provided by ORS 36.350. If the dispute in- arbitrator may not be disqualified for bias. volves real property, the award shall be filed (2) The arbitrator may call a neutral ex- in the county or counties in which the prop- pert on the arbitratoes own motion, which erty is located. [1981 c.857§§9, 10; 1985 c.496 §231 expert witness shall be subject to cross- 190.800 Exceptions to award and ap- examination by the parties. The cost of the peal. Exceptions to the award and appeal expert witness is part of the cost of the pro- from a judgment on the award shall be taken J ceeding. [1981 c.857§6) as provided by ORS 36.355 to 36.365. (1981 190.770 Subpoena procedure. The c.87§111 arbitrator may, and shall, upon application L90"[1985 c.595 §4;renumbered 658.630 in 19871 by a party to the proceeding, issue a 19-28 Y.