ODOT - HWY 217 & 72nd Interchange F
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...9 Department of Transportation
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6ENlOR TRANSPORTATION BUILDING, SALEM, OREGON 97310
October 7, 1981
city of Tigard �a CITY GF T;E V p IN REPLY REFER TO
y I allS FILE NO.:
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Tigard, OR 97223 IC�0�� L�. AGR
Attention: Doris Hartig
City Recorder
OCT 1981
Gentlemen:
Attached for your records is a fully executed copy
of an agreement covering the S.W. 72nd Avenue Interchange
Section of the Beaverton--Tigard Highway.
We have retained a fully executed copy of this
agreement for the Transportation Commission' s files .
SiRely,
"q�—SAAA_
Go sen
COMMISSI N S RVICES
fkn
Att.
191-alae
Approved: Hunter & Versteeg
MCH:pf
5/29/81
Misc. Contracts & Agreements
No. 7512
THROUGHWAY AGREEMENT
THIS AGREEMENT is made and entered into by and between the STATE OF
OREGON, acting by and through its Department of Transportation, Highway
Division, hereinafter referred to as "State"; and the CITY OF TIGARD, a
municipal corporation of the State of Oregon, acting by and through its
City Officials, hereinafter referred to as "City".
�`- W I T N E S S E T H
RECITALS
1 . For the purpose of furthering the development of a highway system
adapted in all particulars to the needs of the people of the State of
Oregon and for the safe and expeditious flow of traffic, State and City
plan and propose to construct the 72nd Avenue Interchange Section of the
Beaverton-Tigard Highway, State Secondary Highway No. 144, as a "throughway",
as that tern is defined in ORS 374.010, hereinafter referred to as "project".
The location of said project is approximately as shown on the sketch map
attached hereto, marked Exhibit A, and by this reference made a part hereof.
2. By the authority granted in ORS 374.015, State may lay out, locate,
relocate, adopt, establish, construct, designate, maintain, and supervise
the use and operation of new highways known as throughways, including state
highways within the corporate limits of the cities.
3. By the authority granted in ORS 366.075, and 374.080, State and
City may enter into agreements and do all things necessary for the laying
out, acquisition, construction, reconstruction, improvement, repair, and
maintenance of throughways within the limits of the City.
4. By the authority granted in ORS 374.060, State may, with the
official approval of City, close any street, highway, or road of City at
or near its point of intersection with a throughway, or make provisions
for carrying the street or road over or under the throughway, or provide
a connection with a throughway by means of a utility or service road to a
suitable point of connection, and do any and all work on the street, high
way, or road as is necessary therefore.
5. By the authority granted in ORS 374.070, no street shall , after
establishment of any throughway in or through a municipality, be con-
structed turning into or intersecting the throughway unless the plans and
specifications therefore have first been submitted to and approved in
writing by the Oregon Transportation Commission and made a matter of
official record.
1
6. By the authority granted in ORS 373.030, State may not change
the grade of any street or road within the limits of City over which State
highway traffic is routed without the consent of City.
7. By the authority granted in ORS 27I .330(I ) State, or any political
subdivision within the State, has the express power to relinquish the title
to any of its property to any other governmental body or political sub-
division 'within the State, provided such property shall continue to be used
for public purposes.
NOW, THEREFORE, the premises being in general as stated in the foregoing
RECITALS, it is agreed by and between the parties hereto as follows:
STATE OBLIGATIONS
1 . State shall conduct the necessary field surveys and traffic investi-
gations, identify and obtain all right-of-way, easements and permits, perform
all preliminary engineering and design work required to prepare the plans,
specifications and estimates, advertise for bid proposals, award all contracts ,
furnish all construction engineering, material testing, technical inspection
and resident engineer services for administration of the contract and, upon
completion of construction; thereafter perform the necessary maintenance
operations along the throughway, approximately as shown on the attached Exhibit
A.
2. State shall reconstruct portions of S.W. 72nd Avenue, S.W. Hampton
Street, Hunziker Road and S.W. Varns Street and, upon completion of construction,
shall dispose of all State' s right, title and interest, for public purposes
only, in those portions of streets lying outside the access control boundaries
of the throughway, with all jurisdiction, maintenance and control thereupon
passing to City to be performed at its sole expense. Said portions of streets
are approximately as shown cross-hatched on the attached Exhibit A.
3. State shall close certain existing roads, streets or ways within
the limits of the project, portions of which may be under the jurisdiction of
City. Said closures shall be accomplished by erection of a barrier or oblite-
ration of the existing roadway and include warning signs, where applicable.
Said closures are approximately as shown on the attached Exhibit A.
4. State shall , without cost to City, relocate or cause to be relocated
all existing privately-owned utility conduits, lines, poles, mains, pipes ,
and other such facilities that are located on private property where such
relocation is necessary to conform said utilities or facilities to the plans
for the project.
5. State shall , upon receipt from City of an itemized statement 1-n tripli-
cate of such expense, reimburse City for the reasonable expenses incurred by
City in relocating or extending any City-owned utility conduits, lines, poles,
mains, pipes and other such facilities located within a public right-of--way,
upon City-owned property, or on private property under city easement, where
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such relocation or extension is necessary to conform said facilities to the
plans for the project; except that in the event such facilities are located
within or upon the right-of-way of a state highway under a permit issued by
the Oregon Transportation Commission under condition that the permittee will
bear the cost of any relocation, the expense of relocating or extending such
facilities shall be borne by the City. Only those utility relocations which
are eligible for federal aid participation under Federal Aid Highway Program
Manual , Volume 1, Chapter 4, Section 4, shall be included in the total project
costs and participation; all other utility relocations shall be at the sole
cost of State, City or others.
CITY OBLIGATIONS
1 . City shall , upon completion- of the project, assume at its sole
expense and for public purposes only, all jurisdiction, maintenance and con-
trol of those portions of S.W. 72nd Avenue, S.W. Hampton Street, Hunziker
Road and S.W. Varns Street referred to in paragraph 2 under STATE OBLIGATIONS,
with all State s 'right, title and interest therein or thereupon passing to
City. Said portions of streets and roads lie outside the access control
boundaries of the throughway, and are approximately as shown cross-hatched
on the attached Exhibit A.
2. City shall , at its own initial cost and upon request by State, relo-
cate or extend those City-owned utility facilities described in Paragraph 5
under STATE OBLIGATIONS subject to reimbursement as therein provided. City
shall comply with the Regulations of the Department of Transportation rela-
tive to nondiscrimination in Federally-assisted programs of the Department
of Transportation, Title 49, Code of Federal Regulations, Part 21 , as they
may be amended from time to time (-hereinafter referred to as Regulations) ,
which are herein incorporated by reference and made a part of this agreement.
Civil Rights Assurances must be included in all utility relocation contracts
where Federal funds are involved and the City does not perform the relocation
work with its own forces. This would usually occur when the City enters into
a contract portion of the work.
3. City shall , upon request by State and without cost to State, relo-
cate or cause to be relocation, all City-owned utility conduits, lines, poles ,
mains , pipes, and other such facilities not located within a public right-of-
way, upon City-owned property, or on private property under City easement,
where such relocation is necessary to conform said facilities to the plans
for the project.
4. City shall , without cost to the State, relocate or cause to be relo-
cated, all CITY-OWNED utility conduits, lines, poles, mains, pipes , and'
other such FACILITIES LOCATED WITHIN OR UPON THE RIGHT-OF-WAY OF A STATE
HIGHWAY under a permit issued by the Oregon Transportation Commission upon
condition that the permittee will bear the cost of any relocation.
5. City shall , upon request by State and without cost to State, relo-
cate or cause to be relocated all PRIVATELY-OWNED UTILITY conduits, lines ,
poles , mains , pipes and other such FACILITIES LOCATED WITHIN THE LIMITS OF
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CITY ON PUBLIC STREETS OR WAYS where such relocation is necessary to conform
said utilities or facilities to the plans for the project. To this end City
shall exercise all its municipal powers, including the Legislative power,
to require relocation of such utilities or facilities.
6. After State has requested City to move ANY OF THE ABOVE-MENTIONED
CITY-OWNED UTILITIES OR FACILITIES, City shall notify the engineer prior to
commencing the relocation work on such utilities or facilities so that the
relocation work can be properly coordinated with the other work of the pro-
ject.
7. City shall allow state engineers and/or inspectors to inspect ANY
RELOCATION OF UTILITY conduits, lines, poles, mains, pipes, and other such
FACILITIES AS DESCRIBED IN PARAGRAPHS 3 and 4 in order to determine whether
said utilities or facilities have been relocated in accordance with the plans
for the project.
8. City agrees that no city street shall be construct
ed ninto
or intersecting the throughway unless the plans and specifications 7therefore
have first been submitted to and approved in writing by State and made a
matter of official record. f
9. City consents to the closure of those streets described in paragraph
3 under STATE OBLIGATIONS.
r
10. City, by execution of this agreement, does hereby give its consent
as required by ORS 373.030(2) , to any and all changes of grade, if any there f
be, in connection with or arising out of the construction of the project
within the city limits. City shall have final approval of any changes of
grade prior to advertisement for construction bid proposals.
11 . City shall adopt a resolution authorizing its City Officials to enter
into and execute this agreement, and the same shall be attached hereto and
become a part hereof.
I
GENERAL 'PROVISIONS
1 . The parties hereto agree and understand that they will comply with
all applicable Federal and State statutes and regulations, including but not
limited to: Title 6, U.S.C. , Civil Rights Act; Title 18, U.S.C. , Anti- I
Kickback Act; Title 23, U.S.C. , Federal Aid Highway Act; Titles 2 and 3
of the Uniform Relocation Assistance and Real Property Acquisition Policies
Act of 1970; Federal Management Circular 74-4; and Office Management and
Budget Circular A-102, Attachments G and P.
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2. Signing, lighting, or traffic protection devices that are necessary
to protect the motoring public will be included as a part of the project with
the costs of maintenance and power to be shared by State and City in accord
with the "Policy Statement for Cooperative Traffic Control Projects" approved
by the Oregon State Highway Commission and the League of Oregon Cities bearing
the date of September 8, 1971 .
IN WITNESS WHEREOF, the parties hereto have set their hands and affixed
their seals as of the day and year hereinafter written. City Officials have
acted in this matter pursuant to Resolution No. __g/_i 6 3 adopted
by its City Council on the day of _ �G U 1981 .
This project was approved by the Oregon Transportation Commission on May
20, 1980 as a part of the Six Year Highway Improvement Program (page 16) .
The Oregon Transportation Commission, by a duly adopted delegation order,
authorized the State Highway Engineer to sign this agreement for and on behalf
of the Commission. Said authority is set forth in the Minutes of the Oregon
_..__ Transportation Commission.
SVAyWMMEt!D STATE OF OREGON, by and through
its epartment of Transportation,
High ay Division
Metropolitan Administrator
Sta e Highway Engineer
Date z_
CITY OF TIGARD, by and through
its City Officials
By
Mayor
. . By
ity Recorder
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CITY OF TIGARD, OREGON;
RESOLUTION No.
A RESOLUTION OF THE TIGARD CITY COUNCIL APPROVING ENTERING INTO Ail AGREE'rfENT ..
WITH THE OREGON DEPART2FENT OF TRA`:SPORTATION FOR THE 72ND AVENUE INTERCHAyGE.
UHEREAS , this Council's desire is to cooperate in the construction,
maintenance, operation and jurisdiction of the 72nd Avenue Interchange project
on the Beaverton Tigard Highway, and enter into an agreement with the State of Oregon.
NOW, THEREFORE,
BE IT RESOLVED by the Tigard City Council that:
1. The 'Mayor, and City Recorder are hereby authorized to execute said
agreement with the Oregon Department of Transportation on behalf of
the City of Tigard.
2 . Said agreement covers the construction, maintenance, operation and jurisdiction
of the 72nd Avenue Interchange project on the Beaverton7Tigard Highway.
PASSED this /�^ day of S 1931.
Mayor
ATTEST:
Recorder
RESOLUTIO:; 1i'0. 81- /00
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CITY OF TIGARD, OREGON
RESOLUTION No. 81-
A RESOLUTION OF THE TIGARD CITY COUNCIL APPROVING ENTERTNG INTO AN ACRE. E. T.
WITH THE OREGON UEYAKT IENT OF TRAINSPORTATION FOR THIS 72ND AVEidUE IXTERCHANGE.
WHEREAS, this Council's desire is to cooperate in the construction,
maintenance, operation and jurisdiction of the 72nd Avenue Interchange project
on the Beaverton Tigard Highway, and enter into an agreement with the State of Oregon.
NOW, THEREFORE,
BE IT RESOLVFD by the Tigard City Council that:
1. The 14ayor and City Recorder are hereby authorized to execute said
agreement with the Oregon Department of Transportation on behalf of
} the City of Tigard.
2. Said agreement covers the construction, maintenance, operation and jurisdiction
of the 72nd Avenue Interchange project on the Beaverton-Tigard Highway.
_ PASSEL) this T-�--- day of _.e� 193I.
hfayor
ATTEST:
i
i
Recorder
RESOLUTION No. 8I-
t ,
AGENDA ITEM SUIR-JARY
September 14, 1981 Item. ire 4
TITLE: 72nd/217 Interchange Agreement
TYPE OF ACTION: Approval for Mayor to sign agreement.
SUMMARY:
As is customary on State Highway projects, which cross local streets, an .
agreement concerning the -conduct of the mark is necessary. These are standard
agreements.
In this case, several comm~nts were made in the margin of the work copy by
the Engineering Staff as to the extent and responsibility of certain items in the
agreement.
Subsequent discussion among the Public Works Staff resolved most concerns as
they specifically related to this particular project.
Some unresolved concerns relating to how much cost might be incurred were
L considered to be minimal and well with the normal bounds of our responsibility.
RE CO101ENTATION:
The Public Works Director recommends Council -approval' and authorization for the
Mayor to sign the agreement.
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. (a) Motion by C xncilman Brian, seconded bj . Councilwoman Stimler
ato remove from the consent agenda as Council received no copies
' of items to be considered .
Approved by unanimous vote of Council .
10 . RESOLUTION No . 81-95 A RESOLUTION AMENDING THE PERSONNEL POLICIES
AND PROCEDURES MANUAL FOR THE CITY QF 'TIGARD
OREGON.
(a) Motion by Councilman Cook, seconded by Councilwoman Stimler to
approve .
(b) Finance Director recommended approval noting- the change would
simply bring the personnel manual in line with the TRIC
Approved by unanimous vote of Council .
11 . RESOLUTION No. 81-96 A RESOLUTION OF THE TIGARD CITY COUNCIL REQUEST—
ING AN ANNEXATION PETITION BE FORWARDED TO THE
BOUNDARY REVIEW COMMISSION (Short Title
McIntosh) .
(a) Motion by Councilwoman Stimler, seconded. by Councilman Brian
to adopt.
(b) Planning Director explained that the parcels are under the triple
majority annexation plan and that the proposal creates a one lot
island.
(c) Mayor Bishop stated that he could not support the annexation
because it creates an island.
Motion to approve passed by 3 to 2 majority vote of Council ,
Councilman Scheckla and Mayor Bishop voting nay.
12 . RESOLUTION No. 81-97 A RESOLUTION OF THE TIGARD CITY COUNCIL APPROVING
ENTERING INTO AN AGREEMENT WITH THE OREGON DEPART-
MENT OF TRANSPORTATION FOR THE 72ND AVENUE
INTERCHANGE .
(a) Council quest-coned whether engineering staff ' s concerns were .met
regarding the wordage of the contract . Finance Director reported
that the Director of Public Works would have to speak to that,
(b) Motion by Councilwoman Stimler to remove from the agenda and
consider at another time when the Director of Public Works can
be present. Motion' seconded by Councilman Brian.
Approved by unanimous vote of Council .
13 . LIBRARY PER CAPITA. STATE AID GRANT - Authorize execution
(a) Finance Director requested Council approve the document for
PAGE 3 - COUNCIL REGULAR MEETING MINUTES - August 24 1951
i
21 . OTHER
4
(a) Planning Director asked Council for a vote as to whether they
wish to stay with Metropolitan Area Communications Commission. .
ti (Cable TV)
r
k Motion by Councilwoman Stimler, seconded by Councilman Cool:
to stay with the Metropolitan Area Commications Commission.
I Approved by unanimous vote of Council. .
(b) Planning Director informed Council that NPO #5 has became active.
(c) Planning Director announced that there will be a Downtown
Committee meeting January 25th, 7 :30 P.M. , Durham Treatment
Plant .
(d) Mayor Bishop informed Council that the School District has
selected Art Haas to represent them at the Park Board meetings .
(e) Mayor Bishop brought Metropolitan Service District 's letter
to the attention of Council regarding a request for. a represen--
ative from Tigard Council to attend the tri-county local
officials advisory committee . Mayor Bishop offered to attend
these meetings .
�1(f) Mayor Bishop said that due to lack of funds the 72nd overpass
will be held up. The overpass is third on the list and he will
attend a meeting to see if it can be moved up.
(g) Finance Director requested payment of $5548 . 50 be paid to
Northwest Under Ground for Tigard Senior Citizen Sewer Line .
Motion made by Councilman Cook, seconded by Councilwoman Stimler
to authorize Finance Director to pay $5548 . 50 to Northwest Under
Ground for Tigard Senior Citizen Sewer' Line .
Approved by unanimous vote of Council .
(h) City Administration gave a progress report on the vacant
Lieutenant ' s position. Letters have been sent out to the
top two candidates one of which recently called the Chief
indicating he has another offer- and withdrew application. The
one candidate left will be interviewed Thursday.
(i) Councilman Cook requested a Study Session be held February 17th
to help keep the agendas small and cut down on the late meetings .
He also suggested that the Park Board be invited to join Council
for combined meeting.
(j ) Councilwoman Stimler asked that Resolutions of Appreciation
be given to reserve officers .
RECESS 10 :45 P .M':
it
PAGE 5 -- REGULAR COUNCIL MEETING, JANUARY 26 , 1951
iREGON STATE HIGHWAY QIVISION G a 1-a 7 �, 19
REQUEST FOR WARRANT
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Payable To: e - !'r c.��71 Project [�a. :
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1 � 4?r' �? 3� Hwy. Agr. No. :
Contract No. �'/�'
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Project: Estimate No. :
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Period Covered: Work Order No. :
Imvoice ar Total Amount Previous Present
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Totals . . . . . . . . . . . . . . . . .
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Approved by:
Form 81-734--1359 (9-78)
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CITY OF TIGARD—12420 S.W.MAIN—TIGARD,OREGON 97223 w r z (i, �;
RECEIPT > z
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DATE: � ��� AMOUNT; $
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ADDRESS: CFC °C a?
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FOR: ACCT. PERMITS SURCHARGE AMOUNT Q; :.
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SEWER BILLINGS 40-364 $ 'o =
BUSINESS LICENSE 05-331 z
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PLUMBING PERMIT 05-332 $
MECHANICAL PERMIT 05-332
BUILDING PERMIT 05-333 >-
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SEWER CONNECTION 40-363
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SEWER INSPECTION .40-365 O
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SYSTEM DEV,CHARGE 25-366 a
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PARK DEV. CHARGE #1 30-367 <
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PARK DEV. CHARGE #2 30-368 z n ...]
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