Resolution No. 04-47 Attachment 1
CITY OF TIGARD,OREGON
RESOLUTION NO.04- 4
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TIGARD
ACKNOWLEDGING THE WHITE PAPERS RELATED TO THE PROVISION OF URBAN
SERVICES IN THE BULL MOUNTAIN AREA.
WHEREAS,a proposed annexation plan for the Bull Mountain area was previously presented to the
City Council;and
WHEREAS,the Council decided to seek more information before making its decision on the proposed
annexation plan;and
WHEREAS,Citizens,both of the City and the area proposed to be annexed,have worked together to
produce White Papers discussing the provision of urban services;and
WHEREAS,the White Papers(Exhibits A,B,C,and D)are intended to provide information and
recommendations to the Council.
NOW,THEREFORE,BE IT RESOLVED by the Tigard City Council that:
SECTION 1: The Council acknowledges and appreciates the efforts of citizen volunteers in developing
the White Papers. The Council recognizes and appreciates the time spent the White
Papers by both staff and citizens.
SECTION 2: The Council accepts the White Papers(Exhibits A,B,C,and D)as providing information
that will assist the Council.
SECTION 3: The Council notes that the White Papers provide information that will assist the public in
evaluating issues and participating in public City prcccsscs.
SECTION 4: The City Council is not acting on any of the recommendations in the White Papers at this
time. Any actions or decisions will occur in future decisions by the Council relating to
the proposed annexation. The Council is not making any decision at this time.
SECTION 5: This resolution is effective immediately upon passage.
/
PASSED: This 2Z day of -J6l.lL — 2004.
I
i Mayor-Citf of Tigard
ATTEST:
rfy'Raearder----Ty- -hard Greer A.Gaston,Deputy City Recorder
RESOLUTION NO.04-47
Page 1
EXHIBIT"A"
Bull Mountain Annexation
White Paper on Parks and Open Spaces
The purpose of Bull Mountain Subcommittees is to provide additional time for public
discussion and review of key benefits of the Bull Mountain Annexation Plan.The
objectives of the task forces are:
Develop an approach for transition of key urban services that occurs through
annexation
• Provide additional review for public involvement and discussion
• Develop a strategy for implementation of the Annexation Plan,e.g.funding,
planning,etc.
Section One-Summary of public involvement and discussion
• Task Force membership:
Carl Switzer,Jerry Hanford,Julie Russell,Mike Freudenthal, Kathy Najdek, &
staff: Dennis Koellermeier-Acting Public Works Director, Dan Plaza-Parks
Manager,and Chris Wayland-Washington County Support Services(could
not attend meetings)
■ Meeting dates: March 1, March 10, March 19,April 14,April 28
• Summary of issues raised:
1. What financial alternatives are there to secure parks on Bull Mountain?
(see attachment#1)
2. What is the availability of SDC funding during the first five-years after
the date of annexation?(see attachment#1)
3. What impact does the Tualatin Basin's Goal 5 process have on Bull
Mountain?
4. Can a viable Parks Concept Plan be developed after all the residential
development that has taken place on Bull Mountain?(see attachment
#1)
5. Can SDC revenue,generated on Bull Mountain during the first 5-years
after annexation, be dedicated to securing parks on Bull Mountain?
6. Can a Moratorium,or Public Facilities Strategy to temporarily stop
+ development until SDCs be imposed?(See attachment#5)
7. What park property does the City currently own on Bull Mountain?(see
attachment#2) Are there potential park sites of one-acre or more on
Bull Mountain or surrounding area(UGB area or beyond)available for
' neighborhood and/or community parks?(see attachment#3)
Section Two-Summary of key impacts of annexation on Bull Mountain
residents and Tigard residents:
With or without annexation,the number of people using existing and proposed parks
in the City of Tigard area will continue to grow.With annexation,and the
implementation of the Bull Mountain Parks Concept Plan,45-acres of park land
could be developed. Without annexation, the need for park land will continue to
grow and will only be able to be solved by current City of Tigard residents paying for
growth related development.The City of Tigard's Park System Master Plan identifies
a standard of 11-acres of park space per 1,000 residents.The City of Tigard
currently has 7.8 acres of parks space per 1,000 residents. Bull Mountain currently
has 1.8 acres per thousand residents.The ratio of park space acreage to residents
will continue to decrease as the population increases and the amount of park space
stays the same(see Table 2.1).To rectify this situation the Task Force has
.developed a Parks Concept Plan (see attachment#1)for the Bull Mountain area.
Funding, planning,and timing are discussed in Section Four of this White Paper. If
annexation does not occur,an estimated $2M in potential SDC fees would not be
collected over the next 5-years which, if collected,would enable the City to begin
implementation of the Parks Concept Plan.The Task Force recommends that SDCs
collected on Bull Mountain be spent on Bull Mountain projects. It should be noted
that the City has already promised, in the annexation handouts,to use Bull Mountain
SDCs on Bull Mountain.The subsequent impact of earmarking SDCs generated on
Bull Mountain to Bull Mountain projects could possibly be a slowdown in the
completion of park projects scheduled to be constructed within the current City of
Tigard(e.g.,Jack Park,Northview Park, Summerlake Park).
■ Summary of costs: $9-11M(see attachment#1)
• Summary of benefits: The Bull Mountain Parks Concept Plan, if and when
approved and carried out,will provide not only the current City of Tigard
residents,but also the Bull Mountain area residents with the following:
1. 2+miles of trails where possible and approved by BPA/PGE,with
several"nodal"park sites(see attachments 8,9, 10), not under
BPA/PGE powerlines, but adjacent to the powerlines,totalling
's approximately 2.5-acres, possibly containing features such as
playgrounds, picnic shelters, benches,basketball courts,exercise
stations,drinking fountains, rock climbing equipment,wall ball
structure,etc.,
2. A trail system will be installed at the existing 12-acre Cach Creek
Nature Park,
i 3. Possibly 2 to 3 neighborhood parks each totalling 2-to 3-acres(see
attachment 7)
4. One 20+acre community/regional park(possibly located in the UGB or
beyond).
TABLE 2.1 —NUMBER OF PARK ACRES TO 1,000 POPULATION
Population Number of Acres Ratio of Acres to
1,000 Population
Current City 45,130 351 7.8
City at build-out 54,850 400 7.3
Bull Mtn.current 7,622 14 1.4
Bull Mtn. at build-out 9,850 49 5.0
Section Three-Transition of services
• Options considered: N/A-Washington County does not provide park and
recreation services to the unincorporated Bull Mountain area nor do they
charge a parks SDC. It should be noted that since the City of Tigard and
Washington County entered into an IGA to provide urban services in the Bull
Mountain area,over$1,000,000 in potential park SDCs have been lost
because the County does not charge a parks SDC.
• Evaluation criteria: See Section 4-Implementation of the Annexation Plan
■ Recommended approach: See Section 4-Timing
Section Four-Implementation of the Annexation Plan
■ Recommended strategy for implementation: The Task Force created the
Bull Mountain Parks Concept Plan. Upon annexation the following updates
should be completed: Bull Mountain Parks Concept Plan,and the Park
System Master Plan, along with the City's Comprehensive Plan.
o Funding: Current projected revenues to be collected on Bull Mountain, if
annexed,over the next 5-years are approximately$2M(see attachment
#1). The Bull Mountain Parks Concept Plan projects that land acquisition
and park development costs range from$9M to$11 M.Obviously, projects
exceed the amount of available revenue needed to secure adequate
parks. One solution is for the City to seek grants to acquire and develop
park property. Further,as with Cook Park, a State of Oregon loan can be
sought to"jump start"land acquisition and park development on Bull
i Mountain. It should be noted however,that SDC revenues,along with
grants and loans will not totally fund the Bull Mountain Parks Concept
i
Plan.Additional revenues,derived from bond measures and/or tax levies,
will need to be considered.If not, it may be necessary to delay and/or cut
projects until adequate revenues are found.
o Planning: The Task Force created the Bull Mountain Parks Concept
Plan. Upon annexation,it is recommended that the Park System Master
Plan should be updated within one-year(this would incorporate the Bull
Mountain Parks Concept Plan into the Park System Master Plan).
Subsequently,update the City's Comprehensive Plan.Julia Hajduk, an
Associate Planner for the City of Tigard, discussed the Tualatin Basin's
Goal 5 process with the Task Force. Currently,there are open space and
natural area resources on Bull Mountain that are being recommended to
be classified as strictly limited and/or moderately limited for development.
In other words,there are open space and natural areas on Bull Mountain
that can be the focus of protection efforts and may be able to be protected
by the program that is developed to implement Goal 5.
o Timing: Year One's Theme is, "Get Pertinent Plans In Order"
1. Update the following:SDC Methodology, Park System Master Pian,
Bull Mountain Parks Concept Plan, City Comprehensive Plan;
2. Conduct neighborhood meetings to discuss and finalize plans;
3. Arrange for trail easements,where possible,with BPA/PGE;and,
4. Perhaps purchase property early-on to take advantage of availability
and cost.
I
RECOMMENDATIONS:
1) The City Council should accept and adopt this"white paper"as developed
by the Bull Mountain Parks and Open Spaces Task Force.
2) The Task Force recognizes that the park acres to population ratio in the
Bull Mountain study area is substantially below the existing ratio in the City
of Tigard.Because of that,the Task Force recommends that futue park
SDCs,generated by construction in the Bull Mountain study area, be
dedicated to the purchase and development of park lands located in,or
near,the study area. It should be noted that it may be wise to purchase
property early-on, in years one,two or three,to take advantage of
i availability and cost. The Task Force also recommends and encourages
the City to work closely with METRO to ensure that open spaces and park
land are acquired and developed on Bull Mountain.
3) Within one-year of annexation,the city should conduct a public process to
review and update the attached Bull Mountain Parks Concept Plan and
incorporate it into the Park System Master Pian.
4)Further explore the moratorium/Public Facilities Strategy methodologies.
5)The Task Force highly recommends that the County immediately begin
collecting SDCs.
BULL MOUNTAIN PARKS AND OPEN SPACE TASK FORCE
Michael Freudenthnl r nford' Ka e N .c
M9 �
ile Russe ti Switze nnis oellermeier
Dan Plaza DATE Cl
b
7
Attachments:
1. Bull Mountain Park Concept Plan&5-year CIP Rev/Erp Projections
2. Publicly/Utility Owned Land on Buil Mountain
3. Privately Owned Land on Bull Mountain
4. Potential BPA Powerline Trail Segments
5. Public Facilities Strategy and Moratorium Memo did.4/8104
S. Bull Mountain Proposed Park Concept Plan Map
7. Landscape Architect Illustrative Park Plan for 2 or 3-Acre Site
8,9,10. Artist Sketches of Isiodal"Pa,K Concepts
ATTACMVffiN T 1
Bull Mountain Parks Concept Plan
5-Year CIP Revenue/Expenditure Projection
Revenues FY 2004-'05 FY 2005-'06 FY 2006--'07 FY 2007-'08 PY 2008-'09 Total
Permits(SDCs) 270 275 262 254 242 1,303
Revenue $412,750 $420,643 $400,458 $388,166 $369,728 $1,991,745
+grants(est.) 50,000 50,000 50,000 50,000 $945,000 $1,145,000 +or-
+possible loans
TOTAL $462,750 $470,643 $450,458 $438,166 $1,314,728 $3,136,745+or-
]Expenditures Projects To Be Determined(TBD)During Update of Bull Mountain Parks Concept Plan and
Park System Master Plan, When this plan is completed it will require an additional Parks Maintenance FTE.
PARKS&FACILITIES CIP PROJECTS(prioritization TBD)
1) BPA Hard Surface Asphalt Trail(10K feet/8'wide) $1,050,000
Beef Bend Road to Barrows Road.This project will be very chal-
lenging as the terrain varies greatly and there are existing easements
that would have to be dealt with.A possible$945K in MTII'funds may
be available in FY`08-'09.$105K is SDCs for design and engineering.
Construction estimate made by City of Tigard.
2) BPA Contiguous Small"Nodal"Parks(see attachment)
-Acquisition 2.5 acres Q$300K per acre $750,000
-Development @$150K per acre $375,000
3) Potential Playground at Alberta Rider School $60,000
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4) Potential Menlor Water Reservoir Site
-Acquisition 1.5 acres $450,000
-Developmerit $225,000
5) Potential Pr RgM North of Alberta Rider School
-Acquisition 2 acres(possibly 3) $600,000
-Development $300,000
i
-6) Develop Cach Creek Nature Park(per PSMP) $640,000
i 7) Link un to THPRD Progress Ridge Park TBD
? SUB-TOTAL $4,000,000
f
8) Property in VGB or Beyond-20 acres
-Acquisition tai$100,000 per acre $2,000,000*
-Acquisition @$200,000 per acre $4,000,000**
-DevelopmentX3.000.000
�nTAT
$2,009 000*to $11.000.000**
ATTACHMENT 2
PUBLICLY/UTILrrY OWNED LAND(estimated)
Organization Acres
City of Tigard 13.90(12-acre Nature Park&
water reservoirs)
TTSD 10.71(building Alberta Rider
School on this site)
CWSfIWD 22.69(13 sites under 1-acre)
PGE 3.01(linear under power lines)
BPA 14.7 alinear under power lines)
TOTAL 65.01
0
6
11 ,
M ID TAXLOTID ACRES OWNER OWNERADDRESS CITY STATE ZIPCODE
Z1 2S104W015W 16.96 TIGARD,CITY OF 13125 SW HALL TIGARD OR 97223
z 2 2S1048BO7100 3.56 PORTLAND OR 97229
Ill
-3 2S1048CO1000 1.89 PORTLAND GENERAL ELECTRIC PORTLAND OR 97204
= 4 2S104CB07200 0.29 00000
Q5 2S104CO07700 1.55 4248 GALEWOOD ST LAKE OSWEGO OR 97035
6 2S1D4CCO2900 0.64 13995 SW HILLSHIRE DR PORTLAND OR 197223.
7 2S104CC03100 0.85 13998 SW HILLSHIRE DR TIGARD OR 97223
Q 8 2S104CCO6100 0.56 14464 SW MISTLETOE DR TIGARD OR 97224 i
9 2S705AD03100 1.35 PC BOX 1754 LAKE OSWEGO OR 97035
10 2810BAD03300 0.64 PO BOX 1754 LAKE OSWEGO OR 97035
11 2S105DA18000 1.30 4386 SW MACADAM AVE#102 PORTLAND. OR 97239.
12 2S1050DO2101 1.14 PO BOX 230943 TIGARD OR 97281
13 2S105OW2200 2.00 13620 SW BEEF BEND RD SP 21 TIGARD OR 97224
14 2S105DO07200 0.22 4386 SW MACADAM AVE#1C2 PORTLAND OR 97239
15 2S108AA01700 1.17 PO BOX 981 SHERWOOD OR 97140
16 2S109BB02NI 3.01 PORTLAND GENERAL ELEQTRIC 121 SW SALMON ST PORTLAND OR 97204
17 2S109BC04600 0.55 14400 SW BULL MOUNTAIN RD TIGARD OR 97224
18 2S1098CO4602 0.64 14515 SW 144TH TIGARD OR 97224
19 2S109BC04700 0.71 14555 SW 144TH AVE PORTLAND OR 97224
20 251098C04800 0.70 14595 SW 144TH TIGARD OR 91224
21 2S1098CO4900 0,70 14635 SW 144TH AVE TIGARD OR 97224
22 2S109BC05000 0.70 14675 SW 144TH ST TIGARD OR 97223
23 2S109BC05100 0.70 14715 SW 144TH TIGARD OR 97224
24 2S1098CO6200 0.70 14755 SW 144TH TIGARD OR 97224
25 2S1098C05300 0.69 14795 SW 144TH TIGARD OR 197223
26 2S1098C05400 0.96 14855 SW 144TH TIGARD OR 197224
27 2S109BC05600 0.71 14880 SW 144TH TIGARD OR 197223
28 12SI09BC07WO 8.93 BONNEVILLE POWER ADMINISTRATION PORTLAND OR 197232
29 12SI09BC07000 0.43 BONNEVILLE POWER ADMINISTRATION PORTLAND OR 1972N
30 23109BC07000 3.60 BONNEVILLE POWER ADMINISTRATION PORTLANDMOR97232
31 231098007000 2.63 BONNEVILLE POWER ADMINISTRATION PORTLAND97232
32 251098007000 3.59 BONNEVILLEPOWER ADMINISTRATION PORTLAND97232
33 2S109BC070M 0.88 BONNEVILLE POWER ADMINISTRATION PORTLAND97232
34 2S709C800200 2.98 14950 SW 144TH AVE PORTLAND97224
35 2S109C802900 3.88 BONNEVILLE POWER ADMINISTRATION PORTLAND97232
36 2S109CB03000 0.74 14880 SW 144TH TIGARD97223
NOTE:This information reflects the conditions on March 4th 2004
37 2S109CS03100 1.42 14860 SW 144TH AVE TIGARD OR 97224
38 2S109CB03200 3.74 14840 SW 144TH TIGARD OR 97224
39 2SI09CBIUW 0.43 4230 GALEWOOD LAKE OSWEGO OR 97035
40 2S709CB18300 2.09 4230GALEWOOD LAKE OSWEGO OR 97035
41 2S109COOM 0.96 15734 SE 44TH PL BELLEVUE WA 98008
42 12S109C1303100 1 123 4380 SW MACADAM,SUITE 380 PORTLAND OR 97239
43 12SI09CDM200 1 1.711 14380 SW MACADAM,SUITE 380 1PORTLAND JOR 97239
44 2S109CD10100 0.76 9375 SW COMMERCE CIR#7 WILSONVILLE OR 97070
45 12SI16B=102 29.811 19500 SW BARBUR BLVD#220 1PORTLAND JOR 197219
NOTE:This Information reflects the conditions on March 4th 2004
L
ATTACHIMENT 4
POTENTIAL BPA POWERLINE TRAIL SEGMENTS
From North to South
1) Barrows to Birkshire=Go To Existing Northview Park
2) Mistletoe Dr.to Bull Mountain Road(#'s 6,7,8).5 acre
3) Bull Mountain Road to 144 Avenue(#'s 17-26)1 acre
4) 144 Avenue to Woodhue(#'s 36,37) .5 acre
5) Woodhue to Beef Bend Road(#'s 39,41).5 acre
TOTAL ACRES 2.5 ACRES
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ATTACHMENT 5
MEMORANDUM
TO: Dennis Koellermeier
FROM: Dan Plaza
RE: "Public Facilities Strategy"&"Moratoriums"
DATE:* April 8,2004
On March 10 the Buil Mountain Parks and Open Space Task Force raised a question as to"the
City Council adopting a'Public Facilities Strategy'(ala Wilsonville)that would freeze growth until
the election could take place and SDC's would be collected". Staff was asked to research the
matter and report back to the Task Force on April 14.
The"Public Facilities Strategy"and"Moratorium"processes are lengthy and complex. It is
anticipated that the Task Force will recommend to the Council via the"white paper"how to
proceed. The following information was collected on this matter.
The City of Wilsonville, Oregon,went through this process a few years ago and input was
requested from them. The following was received on March 24-
'if you are aware of Oregon's moratorium laws regarding limiting development due to the
lack of infrastructure,the Public Facility Strategy"is the vehicle by which the needed
infrastructure can be provided while suspending additional demands on the system.
This suspension has a limitation of(2)years. Take our situation here In Wilsonville a
few years back with our water supply. We placed a temporary limit on new building
permits until we had the ability to supply additional wafer through the construction of the
new treatment plant. This particular strategy was in place for about(2)years. We have
used a similar sirafe-�-"0 vid ng trans n.+atinn improvements. In fact we will be
yr�-pry a p....___..
employing a new one for transportation in the next few months."
Further information on this matter was requested from Barbara Shields,who commented as
follows.
`This is my response to your question. This is not a legal opinion,just a general
description of the issues. Moratoriums are complex processes and are controlled by a
speck set of state statutes that must be strictly followed,as required by ORS 19Z 520.
i /f needed,we can consider a legal opinion from our city attorney to clarify some the
recent moratorium cases before you get back to the subcommittee.
i
%n general,the following factors need to be considered in the context of the Bull
i Mountain situation:
i
1. i€has to be a sufficient reason for a moratorium.The involved local government must
show'irrevocable public harm."In Wilsonville's case,they could demonstrate this by
showing that they were out of water. The irrevocable public harm"criterion would
have to be applied to the Bull Mountain situation. Also, as indicated in the statute,
regardless the"irrevocable public harm"criterion,the local government would have to
develop a number of other legal findings,which are very specific and try to strike a
balance between the needed housing and capacity of existing facilities,and a
moratorium as a means to accomplish this balance.
2. 7rmeltne to process a moratorium. The process requires a 45-day notice to the
Department of Land Conservation and Development./t can be appealed to LUBA
(Land Use Board of Appeals),which would further impact the timeline.
3.Jurisdiction. The Board of Commissioners would have to act and follow the
formalized state law process.'
This issue was discussed with the City Attorney,Gary Firestone,and he has concluded the
following:
As far as moratoria are concerned,public facilities"is defined as those public facilities
for which a public facilities plan is requires by ORS 997.792,ORS 197.712 requires
public facilities plans for sewer,water,and transportations,but not other services.
Therefore,parks aren'T public facilities"for the purposes of the moratorium statute,and
a moratorium cannot be declared because of an insufficiency of parks.
it is less clear whether a park is a public facility for the purposes of the public facilitates
statute.That statute(ORS 197.768)does not expressly state what constitutes a public
facility.However,a public facilities strategy may justify a denial of permits for lack of
public facilities under ORS 197.524.As used in ORS 197.524,public facilities"is limited
to streets,water,and sewer.It is possible that a court could conclude that a public
facilities strategy cannot justify a denial unless the public facilities strategy is directed at
water,sewer,or streets.It is also possible that LUBA or a court could find that a lack of
parks is not a sufficient reason to deny or delay development"
In my conversation with the City Attorney we did concluded that if this strategy were to be
applied:
• the County should do it in the unincorporated area
it is a multi-month process to implement,at best
• we should anticipate considerable challenge to the approach,which would marc than
likely delay any implementation date to far past the proposed.election date
We have also requested information on this issue from the land Conservation and
Development Commission(LCDC). When that material arrives,we will amend this memo if
needed.
i Attachments:
ORS 197.520—Manner of Declaring Moratorium
OPS 197.768—Public Facilities Strategy
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i -
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197.520 Manner of declaring moratorium
MORATORIUM ON CONSTRUCTION OR LAND DEVELOPMENT
197.520 Manner of declaring moratorium.(1)No city,county or special district
may adopt a moratorium on construction or land development unless it fust:
(a)Provides written notice to the Department of Land Conservation and Development
at least 45 days prior to the fiasi public hearing to be held to consider the adoption of the
moratorium;
(b)Makes written.findings justifying the need for the moratorium in the manner
provided for in this section;and
(c)Holds a public hearing on the adoption of the moratorium and the findings which
support the moratorium.
(2)For urban or urbanizable land,a moratorium may be justified by demonstration of
a need to prevent a shortage of public facilities which would otherwise occur during the
effective period of the moratorium.Such a demonstration shall be based upon reasonably
available information,and shall include,but need not be limited to,findings:
(a)Showing the extent of need beyond the estimated capacity of existing public
facilities expected to result from new land development,including identification of any
public facilities currently operating beyond capacity,and the portion of such capacity
already committed to development;
(b)That the moratorium is reasonably limited to those areas of the city,county or
special district where a shortage of key public facilities would otherwise occur;and
(c)That the housing and economic development needs of the area affected have been
accommodated as much as possible in any program for allocating anyremaining public
facility capacity.
(3)A moratorium not based on a shortage of public facilities under subsection(2)of
this section maybe justified only by a demonstration of compelling need.Such a
...,o,,ter:.,,shall be based upon reasonably available information and shall include,but
need not be limited to,findings:
(a)For urban or urbanizable land:
(A)That application of existing development ordinances or regulations and other
applicable law is inadequate to prevent irrevocable public harm from development in
affected geographical areas;
(B)That the moratorium is sufficiently limited to ensure that a needed supply of
affected housing types and the supply of commercial and industrial facilities within or in
proximity to the city,county or special district are not unreasonably restricted by the
adoption of the moratorium;
(C)Stating the reasons alternative methods of achieving the objectives of the
i moratorium are unsatisfactory;
i (D)That the city,county or special district has determined that the public harm which
would be caused by failure to impose a moratorium outweighs the adverse effects on
other affected local governments,including shifts in demand for housing or economic
development,public facilities and services and buildable lands,and the overall impact of
the moratorium on population distribution;and
ORS 197.520
(E)That the city,county or special district proposing the moratorium has determined
that sufficient resources are available to complete the development of needed interim or
permanent changes in plans,regulations or procedures within the period of effectiveness
of the moratorium.
(b)For rural land:
(A)That application of existing development ordinances or regulations and other
applicable law is inadequate to prevent irrevocable public harm from development in
affected geographical areas;
(B)Stating the reasons alternative methods of achieving the objectives of the
moratorium are unsatisfactory;
(C)That the moratorium is sufficiently limited to ensure that lots or parcels outside
the affected geographical areas are not unreasonably restricted by the adoption of the
moratorium;and
(D)That the city,county or special district proposing the moratorium has developed a
work plan and time schedule for achieving the objectives of the moratorium.
(4)No moratorium adopted under subsection(3)(a)of this section shall be effective
for a period longer than 120 days,but such a moratorium may be extended provided the
city,county or special district adopting the moratorium holds a public hearing on the
proposed extension and adopts written findings that:
(a)Verify the problem giving rise to the need for a moratorium still exists;
(b)Demonstrate that reasonable progress is being made to alleviate the problem
giving rise to the moratorium;and
(c)Set a specific duration for the renewal ofthe moratorium.No extension may be for
a period longer than six months.
(5)Any city,county or special district considering an extension of a moratorium shall
give the department at least 14 days'notice ofthe time and date ofthe public hearing on
the extension[1980 c.2§3;1991 c.839§3;1995 c.463 §31
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1
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ORS 197.520
ORS 197.769 Public Facilities Strategy
Relating to public facilities strategy;creating new provisions;and amending ORS
197.768,221.035 and 454.655.
Be It Enacted by the People of the State of Oregon:
SECTION 1.ORS 197.768 is amended to read:
197.768.(1)As used in this section,"special district"has the meaning given that term in
ORS 197.505.
[(I)](2)(a)A local government or special district may adopt apublic facilities strategy[as
described in subsection(2)of this section.A public facilities strategy may be implemented if it]if
the public facilities strategy:
[(a)(A)](A)(i)Is acknowledged under ORS 197.251;or
[(B)](11)Is approved by the Land Conservation and Development Commission under ORS
197.628 to 197.650;and
[(b)] (B)Meets the requirements of[subsection(2)of]this section.
(b)If a special district seeks to implement a public facilities strategy,that special district is
considered a local government for the purposes of ORS 197.251 and 197.628 to 197.650.
[(2)] (3)A local government or special district may adopt a public facilities strategy[adopted
under subsection(1)of this section shall]only if the local government or special district:
[(a)Include a statement ofpurpose that limits the public facilities strategy to situations in which
dcar and abiective atanda-rdc demonstrate that.-]
[(A)There is a rapid increase in land development in a specific geographical area;and]
[(B)The total land development would exceed the planned or existing capacity ofpublic
facilities;]
[(b)Include a detailed description of actions and practices a local government may engage in to
control the time and sequence of development approvals in response to the identified deficiencies
in public facilities;and]
i
i [(c)Set forth the procedures,notice and findings that allow the local government to proceed
under this section.]
i
(a)Makes written findings justifying the need for the public facilities strategy;
(b)Holds a public hearing on the adoption of a public facilities strategy and the findings
that support the adoption of the public facilities strategy;and
ORS 197.768
(c)Provides written notice to the Department of Land Conservation and Development at
least 45 days prior to the final public hearing that is held to consider the adoption of the
public facilities strategy.
r
(4)At a minimum,the findings under subsection(3)of this section must demonstrate that:
(a)There is a rapid increase in the rate or intensity of laud development in a specific
geographic area that was unanticipated at the time the original planning for that area was
adopted or there has been a natural disaster or other catastrophic event in a specific
geographic area;
(b)The total land development expected within the specific geographic area will exceed the
planned or existing capacity of public facilities;and
(c)The public facilities strategy is structured to ensure that the necessary supply of housing
and commercial and industrial facilities that will be impacted within the relevant
geographic area is not unreasonably restricted by the adoption of the public facilities
strategy.
(5)A public facilities strategy shall include a clear,objective and detailed description of
actions and practices a local government or special district may engage in to control the
time and sequence of development approvals in response to the identified deficiencies in
public facilities.
(6)A public facilities strategy shall be effective for no more than 24 months after the date
on which it is adopted,but may be extended,subject to subsection(7)of this section,
provided the local government or special district adopting the public facilities strategy
holds a public hearing on the proposed extension and adopts written findings that:
(a)Verify that the problem giving rise to the need for a public facilities strategy still exists;
(b)Demonstrate that reasonable progress is being made to alleviate the problem giving rise
to the need for a public facilities strategy;and
(c)Set a specific duration for the extension of the public facilities strategy.
(7)(a)A local government or special district considering an extension of a public facilities
strategy shall give the department notice at least 14 days prior to the date of the public
hearing on the extension.
(b)A si=ngle extension may not exceed one year,and a public facilities strategy may not be
extended more than three times.
i
SECTION 2.The amendments to ORS 197.768 by section 1 of this 2001 Act apply to public
facilities strategies adopted before,on or after the effective date of this 2001 Act.
ORS 197.768
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ILLUSTRATIVE PLAN FOR"NODAL"PARK
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ILLUSTRATIVE PLAN FOR"NODAL"PP.RK
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EXHIBIT"B"
Bull Mountain Annexation
White Paper on Plannin¢
The purpose of the Bull Mountain Subcommittees is to provide additional time for public
discussion and review of key benefits of the Bull Mountain Annexation Plan.
The objectives of the subcommittees are:
➢ Develop an approach for transition of key urban services that occurs through
annexation
➢ Provide additional review for public involvement and discussion
➢ Develop a strategy for implementation of the Annexation Plan,e.g.funding,
planning,etc.
The Planning Subcommittee met 6 times in meetings that were open to the public. Notice
was provided on the City web page indicating the time and location of the meetings.
Meeting minutes were also posted on the web page. All meetings were held in the Ash
Creek Conference Room at City Hall. The draft white paper was reviewed at the meeting
on May 12,2004. The revised draft was reviewed and finalized on May 26,2004.
Section One
Summary of public involvement and discussion
Subcommittee membersbin:
Gretchen Buehner,City of Tigard resident,Planning Commissioner
Kathy Meads,City of Tigard resident,Planning Commissioner
Rebecca Vonada,City of Tigard resident
Ellen Beilstein,Unincorporated Washington County resident
Stuart Byron,Unincorporated Washington County resident
Teddi Duling,Unincorporated Washington County resident
Staff.
Jim Hendryx,City of Tigard Director of Community Development
Barbara Shields,City of Tigard Planning Manager
Joanne Rice,Washington County DLUT
Subcommittee members worked cooperatively in developing the White Paper.
Recommendations were developed by consensus. Recommendations came
from the citizens on the committee with input on wordage and process from
the staff representatives.
■ Meeting dates:
i March 10;March 31;April 21;April 28;May 12;May 26,2004
j
i Summary of issues raised:
■ The Washington:County Bull Mountain Community Plan is out of date and
needs to be updated. The County has no plans to update their Comprehensive
Revised 5/28104 Page 7
i
Plan,including the Bull Mountain Community Plan. The County will
continue to make periodic changes to elements of the Comprehensive Plan to
comply with mandatory Federal,State,and Regional requirements.
■ The City of Tigard's Comprehensive Plan is out of date and needs to be
updated. The Planning Commission is currently working on a schedule for
updating the City's Comprehensive Plan. Once begun,this process may take
up to 3 years to complete. Recommend budgeting additional resources to
expedite the process.
■ With annexation,Bull Mountain would be included with the update of the
Tigard Comprehensive Plan. Areas 63 and 64 should be included with this
process.
■ The Comprehensive Plan update,including Bull Mountain and areas 63 and
64,must be through an open and public process led by the City of Tigard.
■ The subcommittee recommends development and implementation of a design
review process,possibly including design standards,to assure compatibility of
new development with the unique characteristics of existing neighborhoods.
Time is of the essence and the implementation of this process could be
completed prior to,or in conjunction with,the Comprehensive Plan update.
• The subcommittee recommends that Tigard pursue a public facility
strategy/moratorium or other measures to slow or stop growth until the
Comprehensive Plan is updated.
■ Prior to the Comprehensive Plan update,the subcommittee recommends that
Tigard amend its development standards to prohibit density transfers for
properties,including natural resources,as'one way to address citizen concerns
about density. Tigard has appointed a review committee to look at the
Planned Development process which will consider density transfers. The
committee is reviewing and will recommend changes to the Planned
Development section of the Community Development Code to the Planning
Commission and City Council.
• The subcommittee recognizes that the issues facing Bull Mountain are similar
to those facing the rest of the community. To that end,the subcommittee
developed a list of likes,dislikes,and the future that they would like to see
with development(Attachment A). This list further identifies issues raised by
the subcommittee.
r
Section Two
Summary of key impacts of annexation on Bull Mountain residents and Tigard
residents:
Revised W26/04 Page 2
0
Subcommittee members recognize that some growth is inevitable and will
continue throughout the community and in particular on Bull Mountain. Current
growth is causing change in neighborhood character and the sense of community.
Subcommittee members are concerned about the type of development that is
occurring throughout the community,particularly dense,small lot,residential
development that is not consistent with the character of existing neighborhoods.
The Comprehensive Plans for Washington County and Tigard were completed in
the mid-80's. The subcommittee is unanimous about the need to update the
Comprehensive Plans for the City and Unincorporated Bull Mountain. While
both plans meet State and regional planning requirements,they need to be
updated to reflect current values and concerns of the community.
Washington County does not have the resources to update the Bull Mountain
Community Plan. Tigard recognizes that their Comprehensive Plan should be
updated and has started discussions with the Planning Commission on a potential
schedule. It is recognized that any update to Tigard's efforts should include the
entire community,including all of Bull Mountain,if annexed. Consideration
should also be given to include any areas included in the Urban Growth Boundary
Expansion immediately adjacent to Bull Mountain(Areas 63&64). however,
there is concern about the amount of time it will take to update the plan and the
resulting growth that will occur before the update is complete. Subcommittee
members expressed a need to slow development until the plan is updated or focus
resources to shorten the amount of time it takes to complete the plan update.
The subcommittee agreed to the following policy statements that will go forward
in the White Paper.
• The City of Tigard's Comprehensive Plan is out of date and needs to be updated.
The Planning Commission is currently working on a schedule for updating the
City's Comprehensive Plan. Once begun,this process may take up to 3 years to
complete. Recommend budgeting additional resources to expedite the process.
• The Washington County Bull Mountain Community Plan is also out of date and
needs to be updated. The County has no plans to update the Comprehensive Plan,
including the Bull Mountain Community Plan.
With annexation,Bull Mountain would be included with the update of the Tigard
Comprehensive Plan. Areas 63 and 64 should be included with this process.
a The subcommittee recommends that Tigard pursue a public facility
• strategy/moratorium or other measures to slow or stop growth until the
j Comprehensive Plan is updated
i The subcommittee recommends that Tigard adopt interim steps to not allow
density transfers for properties,including natural resources. Tigard has appointed
i a review committee to look at the Planned Development process which will
consider density transfers. The committee will review and recommend changes to
the Planned Development section of the Community Development Code.
Revised 5/28/04 Page 3
The subcommittee recognizes that the issues facing Bull Mountain are similar to
those facing the rest of the community. To that end,the subcommittee developed a
list of likes,dislikes,and the future that they would like to see with development
(Attachment A). This list should be used as a starting point for updating the City's
Comprehensive Plan and in engaging the entire community on how the community
should continue to grow.
Subcommittee members enjoy their community and feel connected with their
neighbors. However,the pace and type of development,with higher densities and
incompatible building design,is changing the character of established neighborhoods.
The Comprehensive Plan update,if completed in a timely manner,provides an
opportunity to shape a future for Bull Mountain and the rest of the communty that is
different from what is developing under current land use standards.
There is a need for an updated plan for Bull Mountain,regardless of whether
annexation occurs. Annexation affords the opportunity to plan for the entire
community. Without annexation,Tigard lacks the authority and need to plan for
unincorporated Bull Mountain and/or the Urban Growth Boundary expansion areas
(areas 63&64).
Summary of costs:
No effort has been made to establish what the additional costs will be to provide
comprehenisve planning services to unincorporated Bull Mountain. The area totals
1400—1900 acres,depending on inclusion of the Urban Growth Boundary expansion
areas(areas 63&64). This represents approximately 20%-25%of the existing City
limits. It would be reasonable to assume that costs associated with the
Comprehensive Plan update would increase by a proportionate amount.
When property is developed,within areas 63 and 64,the property owner/developer
could be assessed a fee to.offset the City's costs associated with developing a
Comprehensive Plan for those areas because it directly benefits those areas. The City
should be responsible for the cost to update the Comprehensive Plan for City
properties and urban,unincorporated properties in Bull Mountain because these areas
are mostly developed.
Summary of benefits:
w
Annexation provides the opportunity to include the Bull Mountain area with the
i update of the Tigard Comprehensive Plan;otherwise,it will not be done by the City
i and the County has no plans to do so. Including adjacent Urban Growth Boundary
areas(areas 63&64)provides more opportunities to consider the needs of densities,
+ housing,open spaces,etc.,throughout the entire community.
Section Three
Transition of services
Revised 526!04 Page 4
■ OOSions considered: The City would assume long range planning
responsibilities with annexation. Timing of the November election,budgeting
decisions,and actual annexation occurring the following July,would allow
consideration of the Bull Mountain area and areas 63&64 in the work
program for the Comprehensive Plan update. Other options were not
considered. The City lacks authority to provide for long range planning
services to unincorporated Bull Mountain and/or areas 63&64. Annexation
of portions of Bull Mountain to King City was not considered by this
subcommittee.
■ Evaluation criteria: Atter receiving a detailed background on Oregon's Land
Use Planning program and an overview of Washington County and Tigard's
Comprehensive Plans,the subcommittee developed a list of their likes,
dislikes,and the future development trends. From this list,the subcommittee
evaluated what was the best approach to address this list of concerns and
desires. Tigard has started discussions to update the Comprehensive Plan.
Annexation provides the opportunity to address the planning needs for
unincorporated Bull Mountain,areas 63&64,and the rest of the City.
■ Recommended approach:
■ With annexation,initiate the Comprehensive Plan update and include
unincorporated Bull Mountain.
■ Finalize an Intergovernmental Agreement between Tigard and Washington
County to transfer Comprehensive Plan authority for areas 63&64.
Section Four
Implementation of the Annexation Plan
• Recommended strategy for implementation:
The City of Tigard needs to commit to updating the Comprehensive Plan
as soon as possible. Recommend Council approve a work program for
updating the Comprehensive Plan by July 2005,including Bull Mountain
and areas 63&64 to begin implementation in 2005-06. The Plan update
should be through an open and public process.
• Annexation of unincorporated Bull Mountain provides the opportunity to
plan for the entire community with the update of Tigard's Comprehensive
Plan. Areas 63&64 should also be included in this effort. An IGA
between Washington County and Tigard is necessary to transfer
comprehensive planning authority.
j - Recommend Council pursue a public facility strategy/moratorium or other
i measures to slow or stop growth until the Comprehensive Plan is updated.
- Tigard has appointed a review committee to look at the Planned
Development process which will consider density transfers. Once the
Planned Development Review Committee completes its review,
recommend the Planning Commission and City Council adopt interim
Revised 528!04 Page 5
steps to not allow density transfers for properties,including natural
resources.
• The subcommittee recommends development and implementation of a
design review process,possibly including design standards,to assure
compatibility of new development with the unique characteristics of
existing neighborhoods. Time is of the essence and the implementation of
this process could be completed prior to,or in conjunction with,the
Comprehensive Plan update.
• Consider the list of likes,dislikes,and the future that the committee
would like to see with development(Attachment A). This should be
considered in conjunction with the Comprehensive Plan update.
• Funding:
• Long range planning is funded through the general fund- City should
pursue grant funding for this effort. Funding separately should also be
considered for areas 63&64,including property owner participation.
• Planning:
• The City of Tigard needs to commit to updating the Comprehensive Plan
as soon as possible. Recommend Council approve a work program for
updating the Comprehensive Plan by July 2005,including Bull Mountain
and areas 63&64 to begin implementation in 2005-06. The Plan update
should be through an open and public process.
• When property is developed,within areas 63 and 64,the property
owner/developer could be assessed a fee to offset the City's costs
associated with developing a Comprehensive Plan for those areas because
it directly benefits those areas. The City should be responsible for the cost
to update the Comprehensive Plan for City properties and urban,
unincorporated properties in Bull Mountain because these areas are mostly
developed.
Timing:
Council to approve a work program for updating the Comprehensive Plan
by July 2005,including Bull Mountain and areas 63&64 to begin
implementation in 2005-06.
• Tigard City Council should pursue a public facility strategy/moratorium or
other measures to slow or stop growth until the Comprehensive Plan is
updated.
Tigard has appointed a review committee to Iook at the Planned
Development process which will consider density transfers. The
committee will review and recommend changes to the Planned
i Development section of the Community Development Code. Once the
Planned Development Review Committee completes its review,the
Planning Commission and City Council should adopt interim steps to not
allow density transfers for properties,including natural resources.
Revised 5/26/04 Page 6
Signatures:
J�Ifz"Vd
Cmetchen Buchner
Kathy
Rebecca vonada
en Beilstein
NOTE: Mr. Byron attended one subcommittee
StuartB n meeting; he was excused from the other five
Byron. meetings. Be was out of town on June 1,
2004 and unable to sign the White Paper
o
document.
Teddi Duffing
I
I n
aures N-P.Heridryx
i
Barbara Shields
Jo a Rice
Page 7
Bull Mountain Planning Subcommittee
ittee
Attachment A
Ikea
Under Likes,the main thrust is that the residents enjoy a high quality of life based on the
services they receive and the overall feel of the area.As such,they desire to keep the status quo.
Housing
• Well maintained homes
• Good property values
• High percentage of owner occupants
• Safe neighborhood
• Aesthetically appealing,views,attractive physical setting
• Various size properties
• Good home stock
• Views
• Reasonably good mix of residents-young to old,family atmosphere
Services
• Good services:police,trash,water,sewer,fire
• Good local grade school
• Good quality of life
• Low tax rate
• Support of local service expansion(library) .
• Quiet
• Low crime rate
• No heavy industry or distasteful areas nearby
• Trees
• Dedicated greenways in neighborhoods built in city
Miscellaneous
• Active neighborhood watch and HOAs
• Close to farm/agricultural area
• Centrally located to Beaverton,Tigard,Tualatin and Sherwood
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Planning White Paper
Attachment A Page 1 of 6
Bull Mountain Planning Subcommittee
Attachment A
Dislikes
As to Dislikes,it is apparent that the prospect of overdeveloping the Bull Mountain area goes
against the above qualities that the current residents strongly support.A common thread under
Dislikes seems to be the rising cost of land,housing and infrastructure(including roads,parks
and sewers).What the City of Tigard must do is reassure the present homeowners that what the
City can offer is substantially better that what the Bull Mountain residents have now or can
anticipate receiving in the near future.
Identity
• No sense of neighborhood
a Lack of master plan for development of area
• Lacks community feel-"no center,"no character or identity
• Houses too close together
• Lack of neighborhood feel
• Lack of community planning
• Planning/Development
• Unsightly development
Development:Increased services
• Development: Increasing prices
• Developers building high density homes on too small lots
• Some of the new developments are too homogenous-not enough design variety
• Residents may feel left out of the development process on Bull Mountain
• Lack of affordability in housing
• Developers cutting down too many trees and not being required to leave green spaces or
walling paths
• Over-widening of streets
• Do not stick to zoning-density transfer
• Lack of infrastructure(sewer,storm,quality roads)
• Lack of trees in new developments
• Over-widening of streets
Commercial
a Lack of commercial area
• Tack of commitment to area by County Government
i • Commercial development right up to streets(require Iandscape barriers)
• No local conveniences-e.g.,small market,bakery,coffee shop,small restaurant
1
F
Planning White Paper
Attachment A Page 2 of 6
Bull Mountain Planning Subcommittee
Attachment A
Parks
• None to date .
• Price of land increasing
• No money for maintenance
• No close-in neighborhood amenities such as parks,walking paths,bike paths
• Street"parks"that are unusable public space
• Lack of parks and trails
• Location of parks
Trq,Q4clPublic Transit
• Increasing
• No connectivity
• Have to travel on congested Hwy.99 to get anywhere. No freeway close,poor commute to
downtown Portland.
• Speeding through residential neighborhoods
• Lack of public transit
• Beef Bend Road and Bull Mountain Road can be dangerous for walkers and bicyclists. Need
more pedestrian-friendly areas.
• Lack of connectivity
• No nearby public transit
• Lack of connected street grids to relieve traffic burden
• Local roads becoming too crowded due to over-development
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Planning White Paper
Attachment A Page 3 of 6
Bull Mountain Planning Subcommittee
Attachment A
Future
Planning
a Protection of existing views
a Home delivery of mail(not centralized boxes in a development)
a Underground utilities(esp.on Bull Mountain.Road)
a Incentives and disincentives for maintaining property
a Small commercial center on top of Bull Mountain
a Incentives not to subdivide
a Commercial area for local residences
a Coordinated planning
a Most undeveloped areas seem to have a limitless density potential. Can this be capped?
a No multi-family units(except perhaps by proposed commercial center on top of Bull
Mountain)
a No"forced"affordable housing
a A minimum of 20-foot setbacks between homes and lot lines(side of house)
e More continuity in types of housing(more master planned,less piecemeal development)
a Developers pay for the privilege to develop on Bull Mountain
a Home styles that follow the land contours and setting
a Increase setbacks from street to 30-40 feet
e Don't accept"adequate"-set a higher standard
a No lots in new developments less than 10,000 square feet
e Strengthen and direct development to existing communities
a Reduced density,especially on slopes
a Citizen involvement and approval of planned developments
a Preserve open space and critical environmental areas
e Foster distinctive communities with a strong sense of place
a More thoughtful development
a Reduce density
e MUA-Clusters of homes and shops
a Adaptation of Bull Mountain Community Plan
a Eliminate the one-size fits all approach to development-be responsive to existing
community/neighborhood
1 a Greater variety in home styles in developments
• Transition between urban and rural areas with less density
a Mix of single and multi-story homes in a single development
a The entire community needs to come to a consensus on the distribution of density including
Areas 63 and 64.
a Concerning the special character of Bull Mountain,recent and current developments in the
BM area appear to ignore the basic characteristics of the established homes. More thought
needs to be given to future developments to avoid continuing this trend away from the
original openness of the mountain.
Planning White Paper
Attachment A Page 4 of 6
BuR Mountain Planning Subcommittee
Attachment A
• Prohibit density transfers.
• Establish a Design Review Board for all development(residential,commercial,and
industrial). `
• Have all developments be subject to the public hearing process
• Concerning lack of commercial development-whereas there are no commercial facilities on
Bull Mountain,area residents need to come to a consensus on how much land should be
dedicated for the possible addition of any businesses in the future.
• Concerning citizen awareness-to maintain the desirable character of the Bull Mountain area,
significant involvement of the current residents is needed in future planning,
Parks
• Tree planting requirements
• Stricter penalties for cutting trees. NrEake developers pay fines.
• More off-road bicycle and pedestrian paths
• Green space between dense housing areas
• Low density housing
• Protection of natural spaces and resources
• Create walkable communities
• Provide parks and trails
• Require parks and walking pathways(away from streets).
Tra�4c
• Traffic calming structures
• Make developers pay for more street improvements and provide green space and trees.
• Provide traffic calming for existing streets
• Narrower roads with planting strips(through residential neighborhoods)
• No speed bumps
• Privatize roads where possible(e.g.cul-de-sacs)
• Less of a focus on connectivity of streets,especially in neighborhoods.
• Increase in TIFs and SDCs to reflect actual cost to community
• Green Streets(see Metro handbooks)applied to all new developments and Bull Mountain
and Beef Bend Roads
• Give back street space to property owners with reduction in road width
a • Transportation facilities need to keep pace with development. Minimal service standards
should be maintained.
• Design roadways to meet needs and not be overly wide(keep the land in the property owner's
1
yard).
Miscellaneous
• Encourage community and stakeholder collaboration
• Push back on Metro
Planning White Paper
Attachment A Page 5 of 6
Bull Mountain Planning Subcommittee
Attachment A
• Regular five-year reviews of Bull Mountain comprehensive plan
• Design review of developments
• Police: County will lose four officers As population grows,more needed. Will City of
Tigard get the ones laid off from Washington County?
Have residents(both Tigard and Bull Mountain)involved in the Comp Plan update.
• Include the new areas inside the UGB(#63 and#64)in the Comp Plan update.
• Have the Comp Plan recognize the unique quality of Bull Mountain(specifically the
topography).
Additional Comments
• I don'tthink this pattern of soliciting information is very effective because it gogs from
"Areas of Concern"directly to"Solutions"without any intermediary provision for input
toward the planning process.
• I would find it helpful to have the subcommittee consider selecting one of the more pertinent
"Likes"or"Dislikes"from the list and devoting one session to searching for a consensus
which might indicate a possible productive outcome("Solution").
Planning White Paper
Attachment A Page 6 of 6
EXHIBIT"C"
Bull Mountain Annexation
I Police Services Subcommittee
White Paper
Section 1—Summary of Public Involvement and Discussion
The purpose of the Police Services Subcommittee is to provide additional time for public
discussion and review of key benefits of the Bull Mountain Annexation Plan.
The objectives of the task force are:
a Develop an approach for transition of key urban services that occurs through
annexation
a Provide additional opportunity for public involvement and discussion
a Develop a strategy for implementation of the Annexation Plan,e.g.funding,
planning,etc.
Subcommittee membership:
a Jerry Edwards,Tigard Citizen
a Steve Tuttle,Unincorporated Area Citizen
a Wynne Wakkila,Unincorporated Area Citizen
a Charlie Cameron,Washington County Administrator
a Rob Gordon,Washington County Sheriff
a Bill Monahan,Tigard City Manager
a Bill Dickinson,Tigard Police Chief
Meeting Dates:
a February 23,2004
a March 15,2004
a March 29,2004
a April 12,2004
a May 10,2004
Summary of issues and findings:
I
i Comparison of cost and services provided by the Washington County
Sheriffs Office(WCSO)and the Tigard Police Department was done.
WCSO is the larger provider of police services,providing the same patrol and
emergency response services as Tigard. WCSO is the county-wide service
provider and/or coordinator for joint task forces. In this respect,they have a
greater number of officers and specialty teams,and are spread over a very
large service area. The comparison showed that both agencies deliver
comparable services at comparable costs.
■ Tigard participates in most of the country-wide teaa3s that are managed by the
Sheriff's Office,thereby enjoying a higher level of expertise available for
Tigard citizens.
■ There are some services such as jail,prisoner transport,civil process,and
forensic services which are unique to the Sheriff's Office and are provided to
all citizens of Washington County regardless of incorporation status.
Section 2—Summary of Key Impacts of Annexation on Bull Mountain residents and
Tigard Residents
Summary of Cost comparisons:
• Budget personnel from the City and the County were consulted to identify cost
models and how they apply in this circumstance. The Sheriffs Office provides
three main areas of service to Washington County.
■ First are the county-wide services,which are paid for and enjoyed by all
Washington County residents,both in the cities and in the unincorporated
area. Examples of such services include the jail,prisoner transport,
forensics support,etc.
■ The second area of service provided by the Sheriff is law enforcement
services that are provided mainly to unincorporated residents,with the
exception of special units and intermittent back-up services that are
provided on a county-wide basis. Examples of such services include
patrol and investigations.
■ The third area of service is known as the Enhanced Sheriffs Patrol
District(ESPD),which is a special taxing district approved by voters in
the urban unincorporated areas. The District provides an enhanee—level
of law enforcement services that augments the traditional level of county
services. The ESPD is an alternative that allows the District to receive
municipal level of patrol service at a level that is closer to that provided by
cities. The residents who receive ESPD services are taxed directly for this
enhanced service level,making the service and tax revenue source very
identifiable. Unincorporated Bull Mountain residents would cease paying
tax for the ESPD following incorporation.
• The study of costs revealed that the Sheriff's budget identifies budgets for ESPD
and jail services;howeve,the budgets for law enforcement do not clearly
identify/quantify those county-wide services that are delivered to cities versus the
unincorporated areas exclusively. Planning efforts are now underway to address
this issue.
• Because all County residents(city residents and unincorporated residents),
pay the same tax rats for Sheriff's services,it is the subcommittee's
recommendation that the County identify which county property tax funds
are providing county-wide services versus those that provide services to
the unincorporated ares(ser Above plan for addressing this issue).
■ By clarifying where funds are applied,the Sheriff would be able to
appropriately budget for the three areas of service identified above.
i ■ Finally,it was recognized that the Sheriff's Office must continue to
receive those county wide revenues in order to maintain the long
established service levels agreed upon by the County and cities in a mid-
1980s urban services study and ultimately memorialized in the County
2000 Strategic Plan approved by the Board of Commissioners in 1987.
• Overall,it was the consensus of the subcommittee that services to Bull
Mountain would remain at least at the same level as currently provided.
Section 3—Transition of Services
• It was determined that the transition would be a cooperative effort.
• The Sheriffs Office will continue to provide the county-wide services they have
always provided. Tigard Police will hire additional officers to meet service level
standards set by the Tigard City Council and that the current service level would
not be diluted by the expanded service area and population.
■ It is expected that Tigard would hire sufficient additional staff to accommodate
the annexation area's impact on the City. The additional staff will enhance
response and investigative capacity for the entire City,so the benefit of additional
officers is equally shared by the existing city residents as well as the residents of
Bull Mountain.
• It was recommended that the City of Tigard begin hiring and training immediately
following an affirmative annexation vote. This would allow the Tigard Police to
be fully staffed and ready to assume all patrol services by July of 2005
I+ Section 4—Implementation of the Annexation Plan
• Ia order to implement this transition plan,the City Council would need to authorize a
supplemental budget which would allow the hiring and training to begin in advance
of the transition date.
■ While there is a provision in State Law which allows Sheriff's Deputies to
i transfer to a new or annexing city,Sheriff Gordon has stated that this will not be
necessary as growth in other parts of the County more than accommodates the
i area that would be annexed by Tigard.
! ■ Since lateral transfers are not likely,Tigard Police would need to ramp up its
staffing level. It takes approximately 6 months from the time of hire,to the time
that an Officer is fully trained and operational in the field. The Police Department
maintains a current hiring list at all times,so hiring could begin immediately upon
gaining the City Council's budget authorization.
j
■ The planning for this concept has already been conducted by the Tigard Police
Department,and can be implemented on demand. The timing is such that there is
nearly 8 months from the time of the annexation vote,until the City would
assume responsibility for delivering law enforcement responses. This is only
marginally longer than the 6 months it takes to hire and train the new staff,so
while it would require prompt action on the part of the City,there is adequate time
to allow for a smooth and seamless transition. In the event of hiring delays,the
Chief and the Sheriff will work cooperatively to assure the maintenance of police
services.
Submitted by the membe a Bull Mountain Annexation Police Subcommittee:
1
We teve Tuttle
U co ed Ci' n U ' c o Area Citizen
eny Edwar Charlie Cameron
I Tigard Citizen Washington County Representative
I
Rob Gordon BillMonahan
Washington County Sheriff Tigard Representative
Bill Dickinson
Tigard Police Chief
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05-14-04
EXHIBIT"D"
Bun Mountain Annexation
Streets Subcommittee
White Paper
Section 1 -Summary of Public Involvement and Discussion
The Streets Subcommittee met five times in meetings open to the public.The members were
presented with available information at the first meeting.Additional information was presented
in subsequent meetings in response to questions from the members.The draft white paper was
reviewed at the meeting on April 15,2004.The revised draft paper was reviewed at the meeting
on April 29,2004.The final draft was reviewed on May 20,2004 at which time the members
signed off on the final version of the paper.
Subcommittee membership:
• Gus Duenas: City Engineer
• Brian Rager: Public Works Engineering Manager
• Victoria Saager: Washington County Representative
• Joe Schweitz: Tigard Citizen Representative
• Cam Gilmour. Tigard Citizen Representative
• Paul Giroux: Bull Mountain Citizen Representative
• Keshmira McVey: Bull Mountain Citizen Representative
Meeting Dates:
• March 3,2004
• March 18,2004
• April 15,2004
• April 29,2004
• May 20,2004
Summary of issues raised and findings:
• Street Improvement Capital Project costs over the long term in the Annexation Area
■ Collector street improvements needed over the long term(6 to 20 years)in the
Bull Mountain annexation area are estimated at$19,380,000.This represents
about 6.4%of approximately$300 million in long-term capital project needs
(during the next 20 or more years)in the City of Tigard.Some of the capital needs
in the City are for high-cost overpasses and connectors that would eventually be
j constructed over the long term.The improvements needed in the annexation area
are for widening of existing collectors,which most likely would be constructed
earlier than those longer-term improvements.
■ Local streets and neighborhood routes could be improved to ultimate width with
sidewalks,underground drainage,and sheet lights through formation of Local
Bull Mountain Annexation Streets Subcommittee
White Paper
Page 1 of 10
improvement Districts(LIDs).The cost of these improvements would be assessed
to the benefited properties.The formation of these districts to perform these
improvements would be subject to approval by the benefited property owners.
• Status of non-remonstrance agreements required of developers by Washington County
Non-remonstrance Agreements signed by residents in the annexation area are for
the formation of Maintenance Local Improvement Districts(NMIDs).These
ML Ds are not to be used for street improvements,but were implemented as a
backup plan should Urban Road Maintenance District(URNM)be discontinued.
The City of Tigard does not use MLIDs,does not obtain them from developers,
and has no use for these agreements after annexation.
• What revenue would be transferred to Tigard from the Urban Road Maintenance District
(URMD)and Road Fund at the time of annexation?
■ No revenue would be transferred to Tigard from URMD funds or Road Fund at
time of annexation.Collections from the residents in the annexed area for the
URMD would cease upon annexation.
• What improvements are planned by Washington County prior to the effective date of
annexation(July 1,2005)?
■ None,except for maintenance work to bring the streets into compliance with the
requirements established by the Urban Service Agreement(attached),which
requires that all streets to be transferred have a Pavement Condition Index(PCI)
of greater than 40,and that the average PCI of all the streets is 75 or greater.
• What improvements will the County make to roads after the effective date of annexation?
■ None
• What commitments will the County make regarding street improvements in the
annexation area?
■ County staff cannot make any commitments regarding street improvements in the
annexation area.Any commitments would have to be obtained from the County
Board of Commissioners.The commitment from the Board could be by resolution
or Intergovernmental Agreement and should be executed prior to the effective
i
date of annexation.
i • Transfer of streets upon annexation.What is the process for transfer of streets from the
County to the City?What streets transfer automatically?What streets need to be
transferred separately?
Bull Mountain Annexation Streets Subcommittee
White Paper
Page 2 of 10
■ Except for Beef Bend Road and Barrows Road,all the streets in the annexation
area will be transferred from County to City jurisdiction.This includes Bull
Mountain Road,Roshak Road,and 150`b Avenue.Beef Bend Road(County
arterial)and Barrows Road will remain under Countyjurisdiction.
■ Approximately half of the streets(local streets and neighborhood routes)in the
annexation area would transfer automatically.The remainder,which include local
streets,neighborhood routes and collectors,are identified by County Road
Number and would have to be transferred by separate action.The process is for
the City to request and the County Board of Commissioners to agree by formal
action to the transfer of those County Roads.
■ Washington County and the City already have an Urban Service Agreement dated
November 26,2002 that provides the basis for transfer of jurisdiction for streets.
Washington County will ensure prior to transfer that all streets to be transferred
have a Pavement Condition Index(PCI)of greater than 40,and that the average
PCI of all the streets is 75 or greater.The current PCI average of all the streets in
the annexation area is 81.The streets in the annexation area are generally in good
to excellent condition.
■ The transfer of the streets in the annexation area will be executed at no additional
cost to the residents in the annexation area.
■ Bull Mountain Road is a collector street that connects Highway 99W with Roy
Rogers Road(a County arterial).I S&Avenue is also a collector street that
provides a direct connection between Beef Bend Road(a County arterial)and
Bull Mountain Road.Both these streets accommodate regional traffic and would
most likely need to be widened during the next 5 to 10 years.A commitment from
the County Board of Commissioners to recognize improvements to those streets
as high priority would enhance the chances of those projects receiving strong
consideration for funding in a future MSTIP or other funding opportunities.
• What happens to maintenance on those streets that do not transfer immediately upon
annexation?Would there be a period where no maintenance is performed until the streets
are officially transferred?
■ The URMD collections from the annexed area cease upon annexation.The
County would not perform maintenance once the funding is no longer available.
The City would not have jurisdiction over the streets until transfer occurs.Until
the transfer occurs,there would most likely be a period during which no
maintenance is performed on the streets.
■ One way to avoid a period of no maintenance is to initiate transfer prior to the
effective date of annexation and have the transfer effective on the annexation
i date.A 6 or 7-month period should be sufficient time to initiate and complete the
process.Should the jurisdictional transfer process take much longer than
i expected,the City and County could execute an Intergovernmental Agreement
(TGA)for the City to perform street maintenance on those streets from the
effective date of annexation until jurisdictional transfer occurs.This assumes that
Bull Mountain Annexation Streets Subcommittee
White Paper
Page 3 of 10
the streets are at the level of compliance indicated in the Urban Service
Agreement.
Section 2—Summary of Key Impacts of Annexation on Bull Mountain residents and
Tigard Residents
Summary of Costs(street maintenance,street lights,and capital improvements):
• The City funds street maintenance through gas tax revenue and through the newly
established Street Maintenance Fee.The Street Maintenance Fee revenues would be used
strictly for reconstruction,pavement overlays and slurry seals on existing streets.This fee
is collected through the City's utility billing.The County funds street maintenance
through URMD collections for all urban streets below major collector status.The URMD
assessments appear on the property tax bill and are collected with the property taxes.
Collector and arterial street maintenance are funded through the Road Fund,which is
primarily the gas tax.
• The City pays for street light energy and maintenance through the gas tax revenues.The
County creates Street Light Districts and charges the residents in the district for the
installation,maintenance and energy costs of the street lights in each district.Like:the
URMD assessments,the street light charges appear on and are collected through'thv.
property tax bills.
• The City currently funds its major street improvement projects through the Traffic Impact
Fee(TIF)revenues.The County also uses the TIF revenues,gas tax revenues and the
Major Streets Transportation Improvement Program for street improvements.
Annual Costs
The cost comparisons are as follows:
Street Maintenance
• City of Tigard Street Maintenance Fee: $2.18 per month per dwelling unit=$26.16
per year
■ Washington County URMD charges: $61.40 per year(based on$0.25 per$1,000 of
assessed value using a$250,000 house)
Net reduction in cost upon annexation_ $61.40-$26.16=$35.24 per dwelling unit per
year
Street Lights
■ City of Tigard Street Lights: Absorbed in the City's Operating Budget.City assumes
responsibility for energy and maintenance costs and residents do not pay charges
directly.
Bull Mountain Annexation Streets Subcommittee
White Paper
Page 4 of 10
■ Washington County forms Street Light Districts and assesses charges to cover the
long-term maintenance and energy costs for the street lights: $35.00 per year average
charge.
Street Light Districts in the annexed area would be terminated and the street lights
would become part of the City's street light system.
Net reduction in cost upon annexation: $35 per dwelling unit per year
Capital Project Costs(Streets only)
Total Street Improvement Costs(based on improvements to County collectors that are not
yet built to ultimate width): $19,380,000
■ Bull Mountain Road Only: $8,050,000
■ 150''Avenue Only: $3,425,000
Analysis of.Annexation Impacts(Pros and Cons):
The following are the pros and cons of annexation from five different perspectives: Annexation
Area Residents,City of Tigard Residents,City of Tigard,Washington County,Oregon
Department of Transportation(ODOT).
Annexation..Area Residents
Lower annual street maintenance costs: $35.24 Concern whether or not the monthly$2.18
less(see cost comparison above) Street Maintenance Fee is sufficient to provide
a satisfactory level of maintenance,as
compared to the level the County now achieves,
with the URMD funds.
Elimination of street light maintenance and
energy charges: $35 average charge per
residence in a Street Light District
Current road conditions preserved with routine
street maintenance at City service level,which
is performed at a frequency at least double that
of the County
i
Capital Improvements more likely with City
support and emphasis.City would begin the
process for planning the widening of Buil
Mountain Road and 150'h Avenue soon after
annexation.
Bull Mountain Annexation Streets Subcommittee
White Paper
Page 5of10
Ci of Ti and Residents
With the County ensuring that the streets are in The transition phase during the transfer of
at least good condition prior to transfer,lower jurisdiction has the potential for reduced
annual maintenance costs are anticipated for customer service initially as the City adjusts to
the next five years the increased workload.
Additional mileage added to the City's total
mileage could improve bid prices through
economies of scale(more lineal footage in the
annual pavement overlay and slurry seal
projects)
C!LX of Tigard
Increased gas tax and Street Maintenance Fee City would have to pay for street light energy
revenue and maintenance costs for that area in adIdition
to street maintenance as needed
Potential for higher priority through City Except for the newer streets,streets are
support on improvements to Bull Mountain typically narrow,do not meet City standards,
]toad and 150 Avenue from future MSTIP or and do not have underground drainage_The
other funding opportunities City would be accepting a capital improvement
liability because of major streets that need to
be expanded to ultimate width at some point
during the next 20 years.There are no
guarantees that the future MSTIPs would
include Bull Mountain Road and 15e Avenue.
Lower initial maintenance requirements for Increase in scope of work for maintenance of
streets ditches and underground drainage systems.
Additional personnel and equipment do need to
be added to adequately maintain the drainage
ditches and underground drainage systems in
the annexation area Potential for lag in
customer service as the City adjusts to the
i increase in seo a of work.
i
Control over the streets in the annexation area
Would allow City to perform traffic studies as
needed,place appropriate traffic control
devices,determine the approLnate level of
Bull Mountain Annexation Streets Subcommittee
White Paper
Page 6 of 10
maintenance and apply the City standards for
develo meet of streets within that area.
Washine4ton County
s
Would be a significant step towards reduction Loss of URUD revenue from area with low
of urban services Countywide current maintenance requirements(many new
streets
Ore on Delpartment of Trans I
ortation
Acceleration of improvements to Bull Improvements to Bull Mountain Road could
Mountain Road could result in improvements result in increased traffic volumes entering
to the signal system at the Highway 99W/Bull highway 99W.This could Iead to increased
Mountain Road intersection. congestion on Highway 99W from Durham
Road to Hall Boulevard.
Section 3-Transition of Services
Options Considered:
Transfer of Streets:
• Streets that automatically transfer would be transferred upon annexation under the
conditions specified in the Urban Service Agreement dated November 26,2002.
■ Accept street maintenance and street-related storm drainage on all streets
■ Accept responsibility for traffic control and traffic calming on all streets
transferred by annexation
• Streets that have to be transferred by separate action should go through the transfer
process established by that same agreement.Begin the transfer process 6 or 7 months
prior to the effective date and ensure the streets are officially transferred upon
annexation.
N Accept street maintenance and street-related storm drainage on all streets
j . transferred by jurisdictional transfer process
■ Accept responsibility for traffic control and traffic calming on all streets
transferred by jurisdictional transfer process
Bull Mountain Annexation Streets Subcommittee
White Paper
Page 7 of 10
Evaluation Criteria
• Impact on the City's resources
• Time needed to accommodate additional responsibility
• City's ability to absorb additional scope and long-term street capital needs
• County's responsibility for regional traffic
Evaluation Automatically Transfer Transfer by Separate Action
Criteria
Street and TYac Street and Traffic Capital
Drainage control and Drainage control and Improvement
Maintenance calming Maintenance calming Needs
Impact on Will need Will not Will need Will not Exceeds City's
City's additional need additional need existing resources
resources resources additional resources additional
(labor and resources (labor and resources
equipment) equipment)
Time needed Can be done Can be done Can be done Can be done Needs to be,=
prior to immediately prior to immediately planned and
effective effective date implemented over
date the long term(up
to 20 ears
City's ability Need labor, Can be Need labor, Can be Would be
to absorb and accommo- and accommo- prioritized along
scope and equipment dated with equipment dated with with other City
capital needs and time to existing and time to existing projects
et them resources get them resources
County's N/A N/A N/A N/A Commitment
responsibility needed from
for regional County Board to
traffic make Bull
Mountain Road
and 150th Avenue
high priority for
tY
i
future funding
1
i Recommended Approach
• Accept automatic street transfer with annexation in accordance with Urban Service
Agreement
Bull Mountain Annexation Streets Subcommittee
albite Paper
Page 8of10
• Execute street transfers for those streets that need separate action to allow an effective
transfer date of July 1,2005
• Obtain a commitment from the Washington County Board that Bull Mountain Road and
1500'Avenue would be considered as high priority projects for MSTIP 4,or other
funding opportunities
• Ensure adequate time for the City to acquire necessary manpower and equipment to
perform routine maintenance on transferred streets.The 6-month period January through
June 2005 should be sufficient time for recruitment and equipment purchase.
Section 4-Implementation of the Annexation Plan
The current plan for annexation calls for a vote in November(Citywide and Bull Mountain
Annexation Area)of 2004.The effective date of annexation would be July 1,2005. Streets that
would transfer automatically upon annexation would become the City's responsibility on that
date.Streets that need to be transferred by separate action should be transferred at the same time
to avoid any lag in service.If the annexation vote succeeds,the seven-month time period from
December 2004 through June 2005 will allow the City to mobilize whatever resources it needs to
begin street maintenance in the annexation area on July 1,2005.This time period should also be
sufficient for the transfer process to occur with an effective transfer date of July 1,2005.,
Additional personnel will need to be hired(at least two utility workers)and one or possibly two
additional utility trucks would have to be purchased.The maintenance and control of traffic
control devices could be assumed immediately upon annexation.Neighborhood traffic
management would likewise be assumed upon.annexation.
Recommended Strategy for Implementation:
Funding
• Begin gas tax collection for the annexation area effective July 1,2005
• Begin Street Maintenance Fee billing effective July 1,2005
• Include as part of the Supplemental Budget(which would be necessary to address the
annexation)funding to hire additional street maintenance personnel and equipment
needed to provide routine maintenance on the streets transferred
• Request and obtain commitment from Washington County Board of Commissioners to
consider Bull Mountain Road and 150P Avenue Improvements as high priority projects
for incorporation in future MSTIP or other funding opportunities
i Planning
• Identify any streets that need preventative or corrective maintenance prior to transfer,
ensure that they are included in the County's list for resurfacing,and that they are
brought up to standard prior to transfer to the City
• Mobilization during the seven-month period from December 2004 through June 2005 to
have resources available by July 1,2005.This includes approval of a Supplemental
Budget to provide the funding necessary for these resources.
Bull Mountain Annexation Streets Subcommittee
White Paper
Page 9 of 10
• Incorporate the streets transferred into the City's Capital Improvement Program
formulation process for any future improvement needs
• Provide notice well in advance of the effective date to all residents in the Annexation
Area that the City is assuming responsibility for the streets and street maintenance
• Prepare for the transition of services from Washington County to the City
• Identify and prepare for the transfer of the street lights that need to be absorbed into the
City's street light system
Timing .
• Accept the streets that automatically transfer on July 1,2005
• Begin and complete the process of identifying and describing the streets for transfer by
separate action at least 6 or 7 months prior to annexation.Have the approval process
completed prior to annexation with an effective transfer date of July 1,2005,same as the
other streets.
• Execute a Supplemental Budget to provide the resources for street maintenance no later
than the end of March 2005
• Obtain a commitment in writing(possibly through resolution or Intergovernmental
Agreement)from the County prior to the annexation date to elevate Bull Mountain Road
and 150th Avenue to high priority for future funding
• Ensure all streets are brought up to the standards described in the Urban Service
Agreement prior to transfer dates
• Dispense with the MLIDs executed in the annexation area upon annexation
• Begin planning for improvements to Bull Mountain Road and 1506'Avenue shortly after
annexation to ensure that they would be in contention for any available funding through
Federal,State,County or City sources
Attachment: Urban Service Agreement dated November 26,2002
I
14
Bull Mountain Annexation Streets Subcommittee
White Paper
Page 10 of 10
Bull Mountain Annexation
Streets Subcommittee
White Paper
Submitted by:
Joe Schweitz,City of Tigard fitizen Representative Date'
_..2606t,— �.l-� .L ;lO ,Oq
Cam Gilmour,City of Tigard Citizen Representative Date
pai-I ( 5-lZo10,f
Paul Giroux,Bull Mountain Citizen Representative Date
tc-k w-1 3..,---f%*•y5.,9ta�
Ke�sh�S.g ..Wgton
mia McVey,Bull Mountain Citizen Representative Date
iCounty Representative ))ate
ri I 2.0 Jt
BnAa-V.RaMP.E.;Vlu.blic Work Engineering Manager, bate
City of Tigard
Q P L.A ..a._ S�2ea/off
Agu P.Duenas,P.E.,City Engineer, Date �—
City o Tigard
i
i
r"
i
TIGARD URBAN SERVICE AGREEMENT
November 26,2002
This AGREEMENT'is made and entered into by and between Washington County,a municipal
corporation of the State of Oregary 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 Bills Park and Recreation District;
Tualatin Valley Fire and Rescue District and
Tualatm Valley Water District
RECITALS
WHISREAS,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 1oca1
government which shall be parties to an urban service agreement under ORS 195.065;and
VAJEEREA.S,ORS 195.065(1)requires units of local government that provide an urban service
within an urban gro-yth boundaryto enter into an urban service agreement that specifies the unit of
government that win deliver the services,sets forth the functional role of each service provider,
dctermines the fvture servicearea,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 ail 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
i population greater than 2,500 persons for the purpose of negotiating an urban service
agreement;
i
2. Consulting with recognized corffimnfty Planning organizations within the area affected by the
i - urban service agreement;and
i
i
3. Notifying Metro in advance of meetings to negotiate an urban service agreement to enable
Metro's review;and
TigardUrban Service Agreement
November 26,2002
Page 1
VgHEREAS,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 sigiiiticant 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 eaaets an anamration plan adopted pursuant to ORS 195.020,195.060 to 195.085,
195.145 to 195.235,297.005,197.319,197.320,197.335,and 223.304,and if the city or district
has entered into urban service agreements with the county,cities and special districts v frich
provide urban services within the affected area,and
VJHMEAS,ORS 197.175 requires cities and counties to prepare,adopt,amend,and revise their
comprehensive plans in compliance with statewide planting goals,and enact land use regulations
to implement their comprehensive plans;and
Vi OMEAS,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:
1. ROLES AND RESPONSIBILTTlES
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 uuineorporated areas subject to this AGREEMENT as
sbown on Map A,except for those services that are to be provided by another party as
specified in this AGREEMENT.
i
j D. The CTI'Y and COUNTY will be supportive of annexations to the CITY over time. The
1 CITY shall endeavor to annex the unincorporated areas shown on Map A,in keeping with
t
the following schedule:
1. Near to mid-tom(3 to 5 years): Bull Mountain area and muncorporatxl lands north
of the Tualatin River and south of Durham Road and
Tigard Urban Service Agreement
November 26,2002
Page 2
• f
2. Far-Wm(10 years or l4ter):Metzger area
E. pursuant to ORS 195.205,the CITY and DISTRICTS resew the right and may,
subsequent to the enactment ofthis 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 oar those services that provide oomrty-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 ofthe effective date ofthis 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 ofthis 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).
If. AGREEMENT COORDINATION
A Existing intergovernmental agreements that are consistent with this AGREEMENT
shall remain in force. 'Iris AGREEMENT shall control provisions of existing
intergovernmental agreements that are inconsistent with the terms of flus
AGREEmE NT. This AGREEMENT does not preclude any ply A ame-ling an
existing inter-govcmmeatal agreemeo2 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 ofthis AGREEMENT.
i
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
j the COUNTY to the unincorporated lands in the Boll Mountain area.
j
C. CITY and COUNTY shall endeavor to take all action necessary to cause their
comprehensive plans to be waded to be consistent with this AGREEMENT within
twelve months of execution ofthis AGREEMENT,but no later than sixteen months
from the date of executie; .
Tigard Urban Service Agreement
November 26,2402
Page 3
M. AREA AFFECTED BY AGRFNXMNT
This AGREBAIENT 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 ofihis AGREEMENT,as described in Exbibits A through G,
establish the providers and elements of urban services for the geographic area covered
-irk this AGREEMENT;and
B. The following urban services are addressed in this AGREEMENT:
1. Fm Protection and Emergency Services(Exhibit A);
2. Public Transit(Exhibit B);
3. Law Enforcement(Exhibit C);
4. Parks.Recreation,and Open Space(Exhibit ID),
5. Roads and Streets(Exhibit E);
6. Sanitary Sewer and Stone Water(Exhibit F);and
7. Water Service(Exhrbrt G).
V. ASSIGNABILITY
No assignment of auy party's rights or obligations under this AGREEMENT to a
different,new or consolidated or merged entity shall be ethEcrive without the prior consent
of the other parties affected thereby.Any party to this AGREEMENT who proposes a
formatioq 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 bo prepared as part of the proposal.
VI. EFFECTIVE DATE OF AGREEMENT
Ibis AGREEMENT shall become effwtive upon full execation by all parties.
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VII. TERM OF TBE 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 ofthis AGREEMENT,pursuant to Section VIII.
Tigard Urban Service Agreement
November 2002
Page 4
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 die 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 ply may propose modifications to this agreement to address concerns or
changes in circumstances.
C. The body ofthis AGREEMENT(Recitals and Sections I through UX)may only be
changed by written consent of all affected parties. Amendments to the exluibits ofthis
AGREEPAENT may be made upon written consent of the parties identified in each
exhibit.
D. The periodic review of ibis AGREEMENT and all proposed modifications to this
AGREEMENT shall be coordinated by the COUNTY. All requests for the periodic
review ofthis AGREEME1*PT 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. A11
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 firture 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 ofthis Section unless those determinations are made through
I! 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 he service provider deterni mations cmtsistent with the provisions ofthis
Section.
IX. DISPUTE RESOLUTION
Ifa.dispute arises between or among the parties regarding breach ofthis AGREEAdENT
or interpreMon of any term therecd�those parties shall first attempt to resolve the dispute
by negotiation prior to any other contested case process. If negotiation tails to 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 eauties 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 resohgm signed by each manager,winch shall be,binding upon the parties.
Tigard Urban Service Agreement
November 26,2002
Page 5
Step 2—Mediatiou. If the dispute carrot be resolved within 30 days of initiation of Step
1,a party sball 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 off"mediators from an entity or fun 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 sball
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 panties,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 I 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 o£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
mutuaIIy selecting an arbitrator or panel thereof who isnot 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 ofthe arbitrator unless
otherwise agreed to by the parties. The decision shall be issued within 60 days of
arbitration.
X. SEVERABILITY CLAUSE
If any portion ofthis AGREEMENT is declared invalid,or unconstkutional by a court of
competentjurisdiction,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.
XL SIGNATURES OF PARTIES TO AGRF M[ENT
In witness whereof this AGREEMENT is executed by the authorized representatives of
the COUNTY,CITY,DISTRICTS,and MITMO. 'Ile parties,by their representative's
sigoatutzs to this AGREEMENT,signify that each has read the AGREEMENT,
understands its 1:em14,and agrees to be bound thereby.
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'regard Uxbaa Service Agreement
November 26,2002
Page 6
crIY OF 77GARD
J s E. Date
W AU
Approved as to Farm \r
By: - "'
i Attorney
Tigard Urban Service Agmeal-t
November26.1002
Page 7
TUALATIN VALL"FIRE AND RESCUE DISTRICT
L.,-h-7 A a
Cbairmmtk,Board ofWnctors Date
Approved as to Form:
istrict Counsel
a -
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79gard IIrban Service Ap=meM
November 26,2002
Page 8
TUALATIN BUIS PARK AND RECREATION DISTRICT
FeA v uxa,r
President. ofDireetolA Date-�
App to Force
Di.w.t
Tigard Ud m Service Agreement.
November 26,2002
Page 9
TRII-NMr 1 `
General Manaser Date
Approved as to Form:
D' d Ca
Mgard Urban Service Agn=m nt
November 26,2002
Page 10
CLEAN WATER SERVICES
Toot Brian,Chair Date
Board of Diredors
Approved as to Form: s�",c,'a CLFFV VtAM SERvrcEs
PP nn HOAIM of WXr-70RS
District Cound DATE-....................
..Il�.
C-L"�'RYOF fh?' ENCY
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MWd Urban Servlet Ag teemma
November 26,2002
Page 11
TIQAItDWATERDISIWCT
Chairman,Board ofXH=ctcrs Date
�.e+erMS`3aM�'.f
Approved as to Form:
DistrictCounsel
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Tiprd Urban Service Ageemeat
November 26,2002
Page 12
TUAI.ATIN VALLt3Y WATER ISTRICT
Chairman.Board of Date
Richard P': Burke
Approved as to Form:
E,
District Counsel
Clark Balfour
C
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ngudUxbon SeavxeAgreement
November 26.2002
•Page� '
WAgx NaMN COUNTY
By* ?��� 12-l7—Gz
Tom Brian,Chair Date
Board of Commissioners
APPROVED WASHINGTON COUNTY
Approved as to Form. BOARD OF COMMISSIONERS
By.
� G 2 MINUTE ORDER 9. .Q!Z _4117
COUnty COrlaSei DATEqq__.._�. � ':l_ .1 _._....rte.
CLERZ OF TV§OARD
'njpid Urban SenicE Agent
November 26,2002
Pap 14
Presiding O err Date
Approved as to
FF�onn:
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-ngard Viban Service Agreement
November 26,2002
Page is
EXIHBIT A
PROVISIONS OF AGREEMENT FOR FIRE PROTECTION
AND PUBLIC EMERGENCY SERVICES
TUALATIN VALLEY FIRE AND RESCUE DISTRICT,CITY and COUNTY agree:
I. That the TUALATIN VALLEY ME AND RESCUE DISTRICT is and shall
continue to be the sole provider of fire protection services to the Tigard Urban Service Area
(TUBA)sbovm on Map A.
2. That TV FR,MY 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 otber public emergency services
to the TUSA,excluding law enforcement services.
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Tigazd Urban.$=Ww Agr"=znt
November 26,2002
Page 16
EXHIBIT B
PROVISIONS OF AGREFAAIENT FOR PUBLIC TRANSIT SERVICE
TRI-MET,CTTY,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 traasit service by One or more public
agency to all or part of the area.
2. That TRI-MET shall work with the COUNTY,CrI Y,and METRO to provide efficient and
effective public mass transit services to the TUSA.
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regard Urban Service Agreement
November 26,2002
page 17
FOXIDBIT C
PROVISIONS OF AGREEMENT FOR LAW ENFORCFAWNT
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 Enbanced
Sheriffs 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
affirmation,will be eliminated when.annexations on a county-wide basis reach a point where
the function ofthe District is no Ionger economically feasible.
2. That over time as annexations occur within the urban unincorporated area,the prhnary focus
ofthe Sheriff's office will be to provide programs that are county wide in nature or serve the
rural areas oftho COUNTY. The Sheriff's office Will contme to maintain needed service
levels and programs to eosum the proper functioning of the justice system in the COUNTY.
The Sheriff's Office well 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
enfiorcemeat services to cities on a contractual basis consistent with the COUNTY's law
enforcement contracting policy.
3. 'Drat the COUNTY and CITY and other Wasbingtom County cities,through the Cogan Law
Euforcetmemt project shall determine the ultimate functions ofthe Sheriff s Office that are not
mandated by state law.
4. That the COUNTY and CITY strati„ri:izc cc=.P�-6r1—m m—".t„res of staffm9 that accurately
depict the level of service being provided to residents of all local jurisdictions in the COUN'PY.
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'ngard Urban Service Agreement
November 26,2002
Page 18
EXfUBIT D
PROVISIONS OF AGREEMENT FOR PARKS,RECREATION AND OPEN SPACE
CITY,TUALATTN HILIS PARK AND RECREATION DISTRICT(TWRD),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 Arca(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 ofpark,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 paries master plan,the C—It gia:I ad—dress— rd!the,lands within
the TUSH.
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 ofthe Metzger Park Advisory Board. Howeve,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.
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7. That continuation of the Metzger Park LID shall not impede provision of parks,and eventually
j 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 lunar.Service Agreement
November 26,2002
Page 19
S. That the CITY and COUNTY will 000rdinate with Metro to investigate funning 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 C*reenspace 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.
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Tigard Urban Service Agreement
November26,2002
Page 20
EXHIBIT'E
PROVISIONS OF AGREEMENT FOR ROADS AND STREETS
CITY a"A COUNTY a--:
1. Existing Conditions and Agreements
A. The COUNTY shalt continue to retain jurisdiction over the network of arterials and
collectors wiibin 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 strea 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 hacking oftraded services and sharing of equipment without resorting to a
billing system,and improved scheduling of services. Additionally,the COUNTY and
CM shall work to improve coordination between the jurisdictions so that the sharing of
equipment and services is not dependent on speoiSc individuals within each jurisdiction.
The COUNTY and CITY shall also work to establish a more uniform accounting system
to rack 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 CTTY,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 CM 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 COUN'T'Y shall infwm PGE wbem there is-a change in road jurisdiction or
when annexation occurs and the annexed area is no longer a part of the street lighimg.
district.
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2. Road Transfers
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1 Transfer of jurisdiction may be initiated by a request from the CITY or the COUNTY.
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A. Road transL-rs shall include the entire rigbt-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
November 26,2002
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 anneved arra,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 przpare the wt ibits th--
dominent 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 sam 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 dome by providing copies of COUNTY project files or other
documents or through joint meetings of CITY and COUNTY staffmembers.
(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 maintenanr.,agreements,Local Improvement
Districts established for road maiatrnance purposes,and of plans for maintenance
of transferred roars.i„B COUM? shall withdraw the affected territory from any
road maintenance LIDS formed by the COUNTY.
D. The CITY:
(1)Agrees w 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-widesignificance or are
not identified in the COUNTY'S Transportation Plan as part of the county wide road
system provided the average PCI of aU COUNTY and public roads and streets that the
CM is to accept in the annexed area is 75 or higher as defined by the COUNTY'S
pavement nranagemeat system. If any individual COUNTY or public street or road
r 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
iCOUNTY has complied with Section 2.C.(2)ofthis exhibit
(2) Shall,m the event the transfer of roads does not occur soon after annexation,inform
the newly amrexed residents of this fad and d-mcn'be when and under what conditions
Tigard Urban Service Agreement
November 26,2002
Page 22
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 MY 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 o£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,includmg COUNTY streets and roads and
public streets that will become CTTY streets,and streets and roads that are or will became
part ofthe COUNTY-wide road system;and
C. Maintmance 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 Amendmeu is
A. The COUNTY and CITY,in c®junction with cil-Wasbingtou County cities and the
Oregon Department of Transportation(ODOT),shall agree on a process(es)and review
criteria(e.g,types and levels ofA.^�t.�g,el to analyze and amdition development
applications and plan amendments for impacts to COUNTY and state roads.
B. The review procass(es),review criteria,and critenia to condition development and plan
amendment applications shall be consistent with the'Oregon Highway Plan,the Regional
Transportodon System Plan,COUNTY and CITY Transportation Plans and I-rue 6 of
METRO'S Urban Growth Management Functional Plan.
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S. Maintenance Cooperation
! A. The COUNTY and CITY,in cmjumctxm 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
supt)lement the 1984 League of Oregon Cities Policy regarding traffic lights.
Tigard Urban Service Agreement
November 26,2002
Page 23
A. Tho COUNTY and MY,w cumjunc-don with other Washington County cities,shall
develop a set of minimum siert-0f-way maintenance standards and levels of activity to be
used 3m performance of services provided under the exchange of services agreement
desenW above in 5.a.
C. Tho COUNTY may contract with the CITY for the-mainteoance of COUNTY streets and
roads within the TUSA utilizing an agreed upon billing system.
D. The COUNTY,CITY and ODOT,'in comjunetion with other Washington County cities,
will study opporhmities for co-locating maintenance facilities.
6. Implementation
Wgbn one year ofthe effective date ofthis 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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Tigard Urban Service Agecment
November 26,2002
Page 24
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F-KEUDIT 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 C17Y 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. Atthe time of this AGREEMENT,the following are specific issues that the parries 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
Irrtlow(I&I).
B. For lines dhat are cost-efi`ective to do rehabilitation,CWS and the CITY will consider cost:-
sharing regardless of line size under a formula and using fiord sources to be agreed on
between C1TY and CWS.The cost-sbare is to be determined through specific project
mtergovez agreements. Following the evaluation of program.funding methods,
CWS,in cooperation with the CITY,will determine the long-term fiwding for I&I and
ca#,rr Jmbihtation proiects.
C. CWS,with assistance from the CITY and other Washington County cities,shall undertake
periodic rate studies of monthly service charges to determine whe#her they are adequate to
cover costs,including costs of maintenance and rehabilitation of sewer Imes. The rate
study shall consider sewer line.deterioration and related maintenance and repair issues.
4. Master and Watershed Planning:
A. Primary mVondIrty for master and watershed planning wu11 remain with CWS,but the
CITY will be permitted to conduct such planning as long as these plans meet CWS
standards. CWS and the CTI'Y 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.
Tigard Urban Service Agreement
Navember 26,2002
Page 25
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13. CWS and the CITY,m conjunction with other Washingtmh Cowry cities using the
City/District Committee establisher]by CWS,shall develop uniform procedures for the
coordination and participation between CWS,the CITY mud 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
ofthc CWS Conveyance System Management Study,or updates,for options for collection and
expenditure of SDC funds to address mm-cut disparities between wbcre 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 SurSce 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
oftbe CWS Conveyance System Management Study for guidance to resolve issues related to
roles ofthe DISTRICT and the cities m order to provide more cost effective maintenance of
the colleetioa systems.
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Tigard urban Service Agreement
November 26,2002
Page 26
EXHIBIT G
PROVISIONS OF AGREEMENT FOR WAT'VR SERVICE
TUAI ATIN VALLEY WATER DISTRICT(TV WD),TIGARD WATER DISTRICT MVD),
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 fixture.
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 vvater 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 worldng relationships on water supply and conservation issues.
D. Intergovernmental agreements shalt address ownership ofinterconnections 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.
?, )v�WDistribution:
A TV WD,TWD and the CITY do not anticipate ash events in the foreseeable fuhae that
would necessitate maintenance,rehabilitation or replacement beyond the financial reach of
aay ofthe water providers is the T USA 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. TV WD,TWD,CITY,and COUNTY agree to maintain and participate in the Cooperative
Public Agencies of Washington Comity in order to efficiently share and excbange
equipment and services.
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i 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.
Tigard Urban Service Agreement
November 26,2002
Page 27
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 ptfrposes of facilitating
planning,engineering and design of other utilities or structures that may connect,intersect
or be built in proximity to CITY facilities. The CITY agrem to inwrporafe such mapping
into its GIS mapping system of utilities and other facilities. TV WD,TWD and CITY
agree to develop and maintain a common,on-going,up to date GIS mapping system
showing facuities of each water provider within the TUSA.
3. Customer ServicelWaterRates:
A. Price of supply and bonded indebtedness will most likely have the greatest impact on rates.
B. TV WD,TWI),and the CITY believe that rates are equitable within the TUSH
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. WithdrawaVAmnexation/Merger.
A. Notwithstanding Section I ofthis 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 TV. If necessary,the
Metro Boundary Appeals process shall be employed to resolve conflicts between parties as
they arise.TV WD,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 arra 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 ofthe district(e.g.,the district office).
C. The area ofTV WD known as the Mdzget service area shall remam in TV WD,except
those portions agreed to by both TV WD and CITY that may be withdrawn from TV WD
I upon annexation to the CITY. In exchange TVWD will support the Crl Y joining as a
partmw of the Joint Water Commission-
D. providers that propose a merger,major annexation or dissolution shall give all providers is
s the study area an opportunity to influence the decision as well as plan for the
consequences. Now ofthe parties waives its right to contest a major or minor boundary
d change by any ofthe other parties on the issue ofthe appropriate service provider for the
area encompassed by the boundary change except whey the party has expressly waived
j ': that right as to a described service area in an agreement executed subsequent to this
i
j wpyce�t+tzaTsv*aysn�n.tarr u-os.aoo
II Tigard Urban Service Agreement
November 26,2002
Page 28
V
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