Resolution No. 09-71 CITY OF TIGARD, OREGON
TIGARD CITY COUNCIL
SOLUTION NO. 09-1/
A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AN AMENDMENT TO
THE TIGARD► URBAN SERVICE AGREEMENT (as amended)
WHEREAS, on September 15, 2009, the Tigard City Council approved Resolution No. 09-62 approving
circulation of a petition proposing the formation of a special aquatic district to fund existing aquatic centers
at Tigard High School and Tualatin High School, and allowing the petition forming the Tigard=l'ualatin
Aquatic District to be placed on the May 10, 2010 Primary Election Ballot;and
WHEREAS, on August 11, 2009 the Washington County Board of Commissioners authorized County staff
to file a land use ordinance to create a parks and recreation special service district within the boundary of
die Tigard-Tualatin School District for the purposes of providing aquatic services within the
Tigard/Tualatin School District Area;and
WHEREAS,on December 10, 2002 the Tigard City Council approved Resolution No. 02-77 approving the
Tigard Urban Services Agreement (TUBA) with Washington County and the following Special Districts of
the State of Oregon: Clean Water. Services,Tigard Water District,Tri-Met, Tualatin Hills Park and
Recreation District,Tualatin Valley Tire and Rescue District,and Tualatin Valley Water District;and
WHEREAS,certain amendments must be made to the TUSA to allow and recognize the formation of a
new district to fund and deliver aquatic services within the Tigard Urban Service Area;and
WHEREAS,Section VIII of the TUSA sets forth a process for review and modification of the Agreement
to allow for necessary or beneficial amendments to address concerns or changes in circumstances, subject to
the written consent of all affected parties; and.
WHEREAS, die TUSA was last amended effective May 15, 2006 by mutual consent of Waslvngton County
and die City of Tigard for the purposes of providing a smooth transition of service provision to the
unincorporated Tigard Urban Services Area;and
WHEREAS, on October 27,2009, the County Board of Commissioners passed Ordinance No. 726,which
amended the Washington County Comprehensive Framework Plan for the Urban Area Element relating to
formation of Park and Recreation Districts, allowing die creation of a new parks and recreation district to
provide aquatic services within dae Tigard/Tualatin School District Boundaries,with an option to service
additional residentswithin adjacent unincorporated areas such as'Bull Mountain and Metzger,and.
WHEREAS, the County has provided the City with a proposed amendment to the TUSA which authorizes
the creation of a new park and:recreation district to provide aquatic facilities and services but this proposed
language appears to contain provisions that conflict witli County Ordinance #726.;and
WHEREAS, the City of Tigard finds the formation of a Park and Recreation District an unnecessarily broad
and inappropriately expansive action to address the immediate delivery of aquatic services at existing
facilities, and has repeatedly expressed those concerns to Washington County Staff and Board of
Commissioners; and
RESOLUTION NO. 09 -77
Page 1
WHEREAS, the City of Tigard finds a special district,rachet than a parks and recreation district, to be a
more appropriate governance tool to support aquatic centers at Tigard High School and Tualatin High
School;and
WHEREAS,the City of Tigard finds tl-ds an opportune time for periodic review of the TUSA as substantial
changes in regional governance have occurred since its adoption,with more changes anticipated as key
decisions are made in 2009 and 2010,such changes include: regional agreements made as a result of the
Washington County Urbanization Forum, die adoption of the 2035 regional Transportation Plan,the
designation of urban and rural reserves, and the conclusions of the Urban Growth Report.
NOW,THEREFORE,BE IT RESOLVED by the Tigard City Council that;
Via, . - " 4xmendments to Exhibit D of the
Tigard Urban Service Agreement (T USA) as contained in Exhibit A of this resolution are
hereby approved. (G'i Recordler's note: Tigard GO Council approved this language alizendivent
dwirr its emsidleration of Resolution No. 09-7I. Conncil approved substztzrtita,g tlae Carrtafy's prrrposerl
version of Exhibit 1?, anis the Exhibit D in t)e attadjed TUSA is the C'ougy s proposed version.)
SECTION 2: The document will be forwarded to Washington County,Tualatin Hills Parr.and
Recreation District,and Metro for'their consideration. If consent to the changes is
provided by these parties, the Mayor is authorized to sign an Amended Urban Services
Agreement on behalf of the City.
SECTION 3: This resolution is effective immediately upon passage.
Pt—
PASSED: This , day of � a ?'; 2009.
Mayor-City of Tigard.
ATTEST:
City Recorder-City of Tigard
is\Citywide\Council Packets\Packrt'09\091134\11-24-09 Att 1 TUSA Amendment sh rev,docx
RESOLUTION NO, 09 -
Page 2
EXHIBIT A
TIG ARD URBAN SERVICE AGREEMENT
July 2006
This AGREEMENT is made and entered into by and between Washington County,a municipal
corporation of the State of Oregon,hereinafter"COUNTY,"the City of Tigard, a municipal
corporation of the State of Oregon,hereinafter"CITY,"Metro,a metropolitan service district of
the State of Oregon,hereinafter"METRO,"and the following Special Districts of tile State of
Oregon, hereinafter"DISTRICT(S),"
Clean Water Services;
Tigard Water District;
Tri-Met;
Tualatin Hills Park and Recreation District;
Tualatin Valley Fire and Rescue District;and
Tualatin Valley Water District
RECITALS
WHEREAS,ORS 195.025(1)requires METRO,through its regional coordination
responsibilities,to review urban service agreements affecting land use, including planning
activities of the counties, cities, special districts, state agencies;and
WHERE AS,ORS, 195.020(4)(e)requires cooperative agreements to specify the units of local
government which shall be parties to an urban service agreement Linder ORS 195.065;and
WHEREAS,ORS, 195.065(1)requires units of local government that provide an urban service
within an urban growth boundary to enter into an urban service agreement that specifies the unit
of government that: will deliver the services, sets forth the functional role of each service
provider,determines the future service area,, and assigns responsibilities for planning and
coordination of services; and
WHEREAS,ORS 195.065(l)and(2) require that the COUNTY shall be responsible for:
1. Convening representatives of all cities and special districts that provide or declare an interest
in providing an urban service inside an urban growth boundary within the county that has a
population greater than 2,500 persons for the purpose of negotiating an urban service
agreement;
2. Consulting with recognized community planning organizations within the area affected by
the urban service agreement; and
3. Notifying Metro in advance of meetings to negotiate an urban service agreement to enable
Metro's review; and
Tigard Urban Service Agreement
July 2006
Page I
WHEREAS,URS 195.075(1)requires urban service agreements to provide for the continuation
of an adequate level of urban services to the entire area that each provider serves and to specify if
there is a significant reduction in the territory of a special service district;and
WHEREAS, ORS 195.075(1) requires that if there is a significant redaction in territory, the
agreement shall specify how the remaining portion of the district is to receive services in an
affordable manner;and
WHEREAS,URS 195.205 TO 195.235 grant authority to cities and districts(as defined by URS
198+010)to annex lands within an urban growth boundary, subject to voter approval, if the city
or district enacts,an annexation plan adopted pursuant to URS 195.020, 195,060 to 195:085,
195.145 to 195.235, 197.005, 197.3 19, 197.320, 197.335, and 223.304,and if tile city or district
has entered into urban service agreements with the comity,cities and special districts which
provide urban services within the affected area;and
WHEREAS, URS 197.175 requires cities and counties to prepare, adopt, amend, and revise their
comprehensive plans in compliance with statewide planning goals, and enact land use regulations
to implement their comprehensive plans;and
WHEREAS, Statewide Planning Goals 2, 11, and 14 require cities and counties to plan, in
cooperation with all affected agencies and special districts, for the urbanization of lands within
an urban growth boundary,and ensure the timely,orderly, and efficient extension of public
facilities and urban services.
NOW,THEREFORE,the prernises being in general as stated in tine foregoing recitals, it is
agreed by and between the'parties hereto as follows:
I.ROLES AND RESPONSIBILITIES
A. Parties to this AGREEMENT shall provide land use planning, notice to each other in
accordance with the provision of the "Cooperative Agreements," developed per URS
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 unincorporatedareassubject to this AGREEMENT as
shown oil Map A,except for those services that are to be provided by another party as
specified in this AGREEMENT.
D. The CITY and COUNTY will be supportive of annexations to tine CITY over time:The
CITY shall endeavor to annex the unincorporated areas shown on Map A, in keeping
with the following schedule:
1.Near to raid-terra (3 to 5 years): Bull Mountain area and unincorporated lands north
of the Tualatin River and south of Durham Road and
2. Far-term (10 years or later):Metzger area.
Tigard Urban Service Agreement
July 2006
Page 2
E. Pursuant to ORS 195,205, the CITY and DISTRICTS reserve the right and may,
subsequent to the enactment of this AGREEMENT;develop an annexation plan or plans
in reliance upon this AGREEMENT in accordance with ORS 195.205 to 220;
F. In keeping with the Counly,2000 S'h-ateg c Platz or its successor;the COUNTY will
focus its energies on those services that provide county-wide benefit and transition out of
providing municipal services that may benefit specific geographic areas or districts.The
COUNTY recognizes cities and special service districts as tile ultimate municipal set-vice
providers as specified in this AGREEMENT, The COUNTY also recognizes cities as
the ultimate local governance provider to the urban area.
G. Within twelve months of the effective date of this AGREEMENT and prier 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 low 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,tileprovisions of Section VII of this AGREEMENT shall be used to
resolve the dispute.
H. The COUNTY shall have the responsibility for convening representatives for the purpose
of amending this AGREEMENT, pursuant to ORS 195.065(2)(a), No later than July 1,
2010.the COUNTY shall convene the representatives in a meeting,or series of meeting
that result in an agreement on the issues to be addressed and a work: tan and schedule for
the completion of a major review and revisions to this Agreement: The review and
revision of this Agreement shall be completed no later than January 1.2011.
I. Notwithstanding the roles and responsibilities provided herein for designated service
providers,METRO,the COUNTY,the CITY and the DISTRICTS agree that this
AGREEMENT does not prohibit incorporation of city that is otherwise allowed by law.
II. AGREEMENT COORDINATION
A. Existing intergovernmental agreements that are consistent with this AGREEMENT
shall remain in force.This AGREEMENT shall control provisions of existing
intergovernmental agreements that are inconsistent with the terms of this
AGREEMENT.This AGREEMENT does not preclude any party from amending an
existing inter-governmental agreement or entering into a.new inter-governmental
agreement with one or more parties for a service addressed in this AGREEMENT,
provided such an agreement is consistent with the provisions of this AGREEMENT.
B. The CITY and COUNTY have entered into an intergovernmental agreement for the
CITY provision of building, land development and specific road services oil behalf
of tile COUNTY to the unincorporated lands in the Bull Mountain area.
Tigard Urban Service Agreement
July 2006
Amended('insert date)
Page 3
C.CITY and COUNTY shall endeavor to talo all action necessary to cause their
comprehensive plans to be amended to be consistent with this AGREEMENT within
twelve months of execution of this AGREEMENT,but no later than sixteen months
from the date of execution.
III. AREA, AFFECTED BY AGREEMENT
This AGREEMENT applies to the Tigard Urban Service Area(TUSA)as shown on Map
A and properties added to the Regional Urban Growth Boundary(UGB)that are to be
annexed to the CITY in the future as described below in Section VIII.
IV. URBAN SERVICE PROVIDERS
A.The service provisions of this AGREEMENT,as described in Exhibits A through G,
establish the providers and elements of urban services for the geographic area
covered in this AGREEMENT; and
B.The following urban services are addressed in this AGREEMENT:
1. Fire Protection and Emergency Services (Exhibit A),
2. Public Transit (Exhibit B);
3. Law Enforcement (Exhibit C)
4. Parks, Recreation, and Open Space (Exhibit D);
5. Roads and Streets (Exhibit E)
6. Sanitary Sewer and Storm Water(Exhibit F); and
7. Water Service (Exhibit G);.
V. ASSIGNABILITY
No assignment of any panty's rights or obligations under this AGREEMENT to a
different new or consolidated or merged entity shall be effective without the prier
consent of the other parties affected thereby.Any party to this AGREEMENT who
proposes a formation, merger, consolidation.; dissolution, or other major boundary
change shall notify all other parties of the availability of the reports or studies required
by Oregon State Statutes to be prepared as part of the proposal,
VI. EFFECTIVE DATE OF AGREEMENT
This AGREEMENT shall become effective upon full execution by all pat-ties.
Tigard Urban Service Agreement
July 2006
Page 4
VII. TERM OF THE AGREEMENT
This AGREEMENT shall continue to be in effect as long as required under state law.
The COUNTY shalt be responsible for convening the parties to this AGREEMENT for
the review or modification of this AGREEMENT, pursuant to Section VIII, No later
than July 1 2010.the COUNTY shall convene the representatives ina meeting or
series of meetings that result in an agreement on the issues to be addressed and a work
olan an&schedule for the completion of a major review and revisions to this
Agreement. The review and revision of this Agreement shall be completed no later
than January 1,2011.
VIII.PROCESS FOR REVIEW AND MODIFICATION OF THE AGREEMENT
A. Parties shall periodically review the provisions of this AGREEMENT in order to
evaluate the effectivenessof the processes set forth herein and to propose any
necessary or beneficial amendments to address considerations of ORS 195.070 and
ORS 195.075.
B. Any party nlay'propose modifications to this agreement to address concerns or
changes in circumstances.
C. Tile body of this AGREEMENT (Recitals and Sections l through IX) may only b
changed by written consent of all affected parties. Amendments to the exhibits of
this AGREEMENT may be made upon written consent of the parties identified in
each exhibit.
D. The periodic review of this AGREEMENT and all proposed modifications to this
AGREEMENT shall be coordinated by the COUNTY:All requests for the periodic
review of this AGREEMENT and all proposed modifications shall be considered in a
timely manner and all parties shall receive notice of any proposed amendment. Only
those parties affected by an amendment shall sign the amended agreement.All
amendments that include boundary changes shall comply with Chapter 3.09 of tile
METRO Code or its successor.
E. Lands added to the Regional Urban Growth Boundary that are determined to be
annexed to the CITY in the future by separate process, such an Urban Reserve Plan,
shall be subject to this AGREEMENT.Tile appropriate service providers to new
urban lands for the services addressed in this AGREEMENT shall be determined
through the provisions of this Section unless those determinations are made through
the development of an Urban Reserve Plan and all affected parties agree to the
service determinations.This AGREEMENT shall be amended to address new urban
lands and reflect the service provider determinations consistent with the provisions
of this Section,
F. In the event a new city is formed,the parties to this AGREEMENT shall consider
any modifications or amendments to this AGREEMENT as may necessary to
assure ongoing compliance with ORS 195 and any other applicable laws.
IX. DISPUTE RESOLUTION
Tigard Urban Service Agreement
July 2006
Page 5
If a dispute arises between or among the parties regarding breach of this AGREEMENT
or interpretation of any term thereof,those parties shall first attempt to resolve the
dispute by negotiation prior to any other contested case process. If negotiation fails to
Tigard Urban Service Agreernent
July 2006
Page 6
resolve the dispute, the parties agree to submit the matter.to non-binding mediation.
Only alter these steps have been exhausted will the matter be submitted to arbitration.
Step I —Negotiation. The managers or other persons designated by each of the disputing
parties will negotiate on behalf of the entities they represent. The issues of the dispute
shall be reduced to writing and each manager shall then meet and attempt to resolve the
issue. If the dispute is resolved with this step, there shall be a written determination of
such resolution signed by each manager,which shall be binding upon the parties.
Step 2—Mediation. If the dispute cannot be resolved within 30 days of initiation of Step
1,a party shall request in writing that the matter be submitted to non-binding mediation.
The parties shall use good-faith efforts to agree on a mediator. If they cannot agree,file
parties shall request a list of five mediators from an entity or firm providing mediation
services.The parties will attempt to mutually agree on a mediator from the list provided,
but if they cannot agree,each party shall select one name and the two mediators shall
jointly select a third mediator.The dispute shall be heard by the third mediator and any
r common costs of mediation shall be borne equally by the parties, who shall each bear
their own casts 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 of the
Arbitration Service of Portland,or any other rules mutually agreed to,pursuant to ORS
190.710.790.The arbitration shall be before a single arbitrator•,nothing shall prevent the
parties from mutually selecting an arbitrator or panel thereof who is not part of the AAA
panel and agreeing upon arbitration rules and procedures.Tile cost of arbitration shall be
shared equally.The arbitration shall be held within 60 days of selection of the arbitrator
unless otherwise agreed to by the parties.The decision shall be issued within 60 days of
arbitration.
X. SEVERABILITY CLAUSE
If any portion of this AGREEMENT is declared invalid,or unconstitutional by a court of
competent jurisdiction, such portion shall be deemed a separate, distinct, and
independent provision and such holding shall not affect the validity of the remaining
portions of this AGREEMENT.
XI. SIGNATURES OF PARTIES TO AGREEMENT
In witness whereof,this AGREEMENT is executed by the authorized representatives of
the COUNTY, CITY, DISTRICTS, and METRO.The parties,by their representative's
signatures to this AGREEMENT,signify that each has read the AGREEMENT,
understands its terms, and agrees to be bound thereby.
Tigard Urban Service Agreement
July 2006
Page 7
CITY OF TIGARD
By:
Craig Dirksen,Mayor Date
Approved as to Form:
By:
City Attorney
Tigard Urban Service Agreement
July 2006
Page 8
TUALATIN VALLEY FIRE AND RESCUE DISTRICT
By
Chairman,Board of Directors Late
Approved as to Farm:
By
District Counsel
Tigard Urban Service Agreement
July 20106
Page 9
TUALATIN HILLS PARK AND RECREATION DISTRICT
By:
President, Board of Directors Date
Approved as to Form:
By:
District Counsel
Tigard Urban Service Agreement
July 2006
Page 10
TRI-MET
By•
General Manager Date
Approved as to Form:
By:
District Counsel
Tigard Urban Service Agreement
July 2006
Page 1 t
CLEAN WATER SERVICES
By:
Tom Brian,Chair Date
Approved as to Form:
By:
Distri,t—Counsel
Tigard Urban Service Agreement
JUly 2006
Page 12
TIGARD WATER.DISTRICT
By:
Chairman, Board of Directors Date
Approved as to Form:
By:
DistrtClCOiinSel
Tigar€I Urban Service Agreement
July 2006
Page 13
TUALATIN VALLEY WATER DISTRICT
By:
Chairman,Board of Directors Date
Approved as to Form-
By:
District CoutlseT
Tigard Urban Service Agreement
July 2006
Page 14
WASHINGTON COUNTY'
By
Torn Brun,Chair Date
Board of Commissioners
Approved as to.Form
By:
District Counsel
Tigard Urban Service Agreement
July 2006
Page 15
METRO
By:
Presiding Officer Date
Approved as to Farm:
By:
Legal Counsel
Tigard Urban Service Agreement
July 2006
Page 16
EXHIBIT A
PROVISIONS OF AGREEMENT FOR FIRE PROTECTION
AND PUBLIC EME RGENCY SERVICES
TUALATIN VALLEY FIRE AND RESCUE DISTRICT, CITY and COUNTY agree:
1. That the TUALATIN VALLEY FIRE AND RESCUE DISTRICT(TVFR) is and shall
continue to be the sole provider of fire protection services to the Tigard Urban Service Area
(TUSA) shown on Map A.
2. That TVFR,CITY and COUNTY are and shall continue to provide emergency management
response services to the TUSA.
3. That TVFR is and shall continue to be the sole provider of all other public emergency
services to the TUSA,excluding law enforcement services.
Tigard Urban Service Agreement
July 2006
Page 17
EXHIBIT B
PROVISIONS OF AGREEMENT FOR PUBLIC TRANSIT SERVICE
TRI-MET,CITY, COUNTY and METRO agree:
I. That TRI-MET,pursuant to ORS Chapter 267,is currently the sole provider of public mass
transit to the Tigard Urban Service Area(TUBA} shown on Map A. Future options for
public mass transit services to the TUSA may include public/private partnerships to provide
rail or other transit service,CITY operated transit service,and transit service by one or more
public agency to all or part of the area.
2. That TRI-MET shall work with the COUNTY,CITY,and METRO to provide efficient and
effective public mass transit services to the TUBA.
Tigard Urban Service Agreement
July 2006
Page 18
EXHIBIT C
PROVISIONS OF AGREEMENT FOR LAW ENFORCEMENT
COUNTY and CITY agree:
I. That as annexations occur within the Tigard Urban Service Area shown on Map A,the CITY
will assume law enforcement services and the area will be withdrawn from the Enhanced
Sheriff s Patrol District.Tile 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 Sheriffs Patrol District, consistent with its
conditions of formation,will be eliminated when annexations on a county-widc basis reach a
point where the function of the District is no longer economically feasible.
2. That over time as annexations occur within the urban unincorporated area,the primary focus
of the Sheriffs office will be to provide prograrris that are county-wide in nature or serve the
rural areas of the COUNTY. The Sheriffs office will continue to maintain needed service
levels and programs to ensure the proper functioning of the justice system in the COUNTY.
The Sheriffs Office will also continue to provide available aid to smaller cities(e.g., Batiks
and North Plains)for services specified in the COUNTY'S mutual aid agreement with those
cities upon their request.The Sheriff's Office will also consider requests to provide law
enforcement services to cities on a contractual basis consistent with the COUNTY's law
enforcement contracting policy.
I That the COUNTY and CITY and other Washington County cities, through the Cogan Law
Enforcement Project, shall determine the ultimate finictionsof the Sherifrs Office that are
not mandated by state law.
4. That the COUNTY and CITY shall utilize comparable measures of staffing that accurately
depict the level of service being provided to residents of all local jurisdictions in the
COUNTY.
Tigard Urban Service Agreement
July 2006
Page 19
Washington County's version of Exhibit D (from;
County Principal Planner Joanne Rice), which was
approved by Tigard City Council during its consideration of
Resolution No. 09-71 on November 24, 2009
EXHIBIT D
PROVISIONS OF AGREEMENT FOR PARKS,RECREATION AND OPEN SPACE
CITY,TUALATIN HILLS PARK AND RECREATION DISTRICT(THPRD),COUNTY,and
METRO agree:
1. That tite CITY shall be the designated provider of park,recreation and open spaces services
to the Tigard Urban Service Area(TUSA)shown on Map A, Actual provision of these
services by the CITY to lands within the TUSA is dependent upon lands being annexed to
the CITY. Within the Metzger Park Local Improvement District(LID),the CITY will be a
joint provider of services. The CITY and THPD,however,may also enter into inter-
governmental agreements for the provision of park,recreation and open space services to
residents within each other'boundaries,such as the joint use of facilities or programs. This
provision does not preclude future amendments to this AGREEMENT concerning how park,
recreation and open space services may 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.c - Deleted:
I CITY and COUNTY are sunportive of t petition to lorm`a special district for the CXCIusive
,dose or Providing aquatic services within the Tigard/Tualatin School District boundaries
beine placed on the,Mav 2010 ballot. This clause shall automatically expire ifthe ctp ition
does not eain votcr a:5nroval.
That standards for parksrecreation and,Apert space services within the TUSA.will be as_ _ _ -- Deleted:s
described in the CITY'S park master plan.
. Tltat the CITY and COUNTY are supportive of the concept ofa�?arks sysi rns ggyclopmerat __- Deleted:4
____-__
charge as a method for the future acquisition and development ofparkslands in the TUBA
that are outside of the CITY. The CITYand COUNTY agree to study the,feasibility of
adopting such a systems development charge for lands outside of the CITY.
[ , . That at the next uadate of its parEcs tttasterplan,the CITY shall address all the lands within _- Deleted:s
the TUBA.
7 I"ltat tit:Metzger I rl:LID slLall remain as a special purp9se park provider fur as Iongvas a _ _- Deleted:�;
,.-.s». +
majority of property owners within the LIp7 wish to continue to pay annual levies for the
operation and maintenance of Metzger Park. The CITY and COUNTY also agree to the
continuation of the Metzger Park Advisory Board. However,the COUNTY as administrator
of the LID,may consider contracting operation and maintenance services to another provider
if that option proves to be more efficient and cost-effective. This option would be presented
and discussed with the Park Advisory Board before the COUNTY makes a decision.
Thatcontinuation of the Metz_g�r Park LiD shall not injedS InTyision ofparks,and ____ _-- Deleted:7
eventually recreation services,to the Metzger Park neighborhood'by the CITY. Continuation
Tigard Urban Service Agreement
July 20016
(\mended November 2009
Page 19
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.
7
_That the CITY and COLNTY will coordinate with Metro to investigate fundin_g_sourecs for - _--(Deleted:s.
----------------------------
acquisition and management of parks which serve a regional'Function.
U0 'I'hat Metro may of an and be tl e provider of region-tivi4q Earles;recreatiion and s een mace _n deleted:9.
_________�_
facilities within the TUBA. Metro Greenspace and Parks facilities typically are to serve a
broader population base than services provided to residents of the TUSA by the CITY.
Where applicable,the CITY,COL NTY,and METRO will aspire to coordinate facility
development,management and services.
Tigard Urban Service Agreement
July 2006
Lk ended t Lpvemher 2001)
Page 20
EXHIBIT E
PROVISIONS OF AGREEMENT FOR ROADS AND STREETS'
CITY and COUNTY agree:
1. Existing Conditions and Agreements
A. The COUNTY shall continue to retain jurisdiction over the network of arterials and
collectors within the Tigard Urban Service Area(TUSA) that are specified on the
COUNT'-wide roadway system in the Washington County Transportation Flan.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 ifthe=street or road meets the agreed upon
standards described in Section 2.C.(2) below.
B. The COUNTY and CITY"agree to continue sharing equipment and services with
renewed emphasis on tracking of traded services and sharing of equipment without
resorting to a billing system,and improved scheduling of services.Additionally,the
COUNTY and CITY shall work to improve coordination between the jurisdictions so
that the sharing of equipment and services is not dependent on specific individuals
within each jurisdiction.The COUNTY and CITY shall also work to establish a more
uniform accounting system to track the sharing and provision of services.
C. Upon annexation to the CITY,the annexed area shall be automatically withdrawn from
the Urban Road Maintenance District(URMD).
D. Upon annexation to the CITY, an annexed area that is part of the Washington County
Service District For Street Lighting No. I shall be automatically withdrawn from the
District.The CITY shall assumeresponsibility for street lighting on the effective date of
annexation of public streets and COUNTY streets and roads that will be transferred to
the CITY.The COUNTY shall inform.PGE when there is a-change in road jurisdiction
or when annexation occurs and the annexed area is no longer a part of street lighting
district.
2. Road Transfers
Transfer of jurisdiction may be initiated by a request from the CITY or the COUNTY.
A. Road transfers shall include the entire right-of-way (e.g.,a boundary cannot be set down
the middle of a road)and proceed in a logical manner that prevents the creation of
segments of COUNTY roads within the CITY'S boundaries;
Tigard Urban Service Agreen ent
July 2006
Page 22:
B. Within thirty days of annexation, the CITY will initiate the process to transfer
jurisdiction of COUNTY and public streets and reads within the annexed area, including
local streets,neighborhood routes,collectors and other roads that are not of county-wide
significance.The transfer of roads should take no more than one year from the effective
date of annexation.
C. The COUNTY:
('1) To facilitate the road transfer process,the COUNTY will prepare the exhibits that
document the location and condition of streets to be transferred upon receipt of a
transfer request from the CITY.
(2) Prior to final transfer, the COUNTY:
(a) Shall complete any maintenance or improvement projects that have been planned
for the current fiscal year or transfer funds for same to the CITY.
(b) Shall provide the CITY with any information it may have about any
neighborhood or other concerns about streets or other traffic issues within the
annexed area.This may be done by providing copies of COUNTY project files
or other documents or through joint meetings of CITY and COUNTY staff
members.
(c) Shall make needed roadway improvements so that all individual roads or streets
within the area to be annexed have a pavement condition index(PCI) of more
than 40 and so that the average PCI of streets and roads in the annexed area is 75
or higher.As an alternative to COUNTY-made improvements, the COUNTY
may pay the CITY'S costs to make the necessary improvements.
(d) Shall inform the CITY of existing maintenance agreements,Local Improvement
Districts established for road maintenance purposes, and of plans for
maintenance of transferred roads.The COUNTY shall withdraw the affected
territory from any road maintenance LIDS formed by the COUNTY.
D. The CITY:
(1) Agrees to accept all COUNTY roads and streets as defined by OILS 368.001(1)and
all public roads within the annexed area that are not of county-wide significance or
are not identified in the COUNTY'S Transportation Plan as part of county-wide
road system provided the average PCI of all COUNTY and public roads and streets
that the CITY is to accept in the annexed area..is 75 or higher as defined by the
COUNTY'S pavement management system.If any individual COUNTY or public
street or road that the CITY is to accept within the area has an average PCI of 40 or
less at the time of annexation, the CITY shall assume jurisdiction of tile road or
street only after the COUNTY has complied with Section 2.C.(2) of'this exhibit.
( ) Shall, in the event the transfer of roadsdoes not occur soon after annexation, inform
the newly annexed residents of this fact and describe when and under what
Tigard Urban service Agreement
July 2006
Page 23
conditions the transfer will occur and how maintenance will be provided until the
transfer is complete.
E. The CITY shall be responsible for the operation, maintenance and construction of roads
and streets transferred to the CITY as well as public streets annexed into the CITY.
CITY road standards shall be applicable to transferred and annexed streets, The CITY
shall also be responsible for the issuance of access permits and other permits to work
within the right-of-way of those streets.
3. Road Design Standards and Review Procedures and Storm Drainage
The CITY and COUNTY shall agree on:
A. Tile 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 TUBA, including COUNTY streets and roads and
public streets that will become CITY streets, and streets and roads that are or will
become part of the COUNTY-wide road system; and
C> Maintenance responsibility for the storm drainage on COUNTY streets and roads within
tile TUSA in cooperation with Clean Water Services.
4. Review of Development Applications and Plan Amendments
A. The COUNTY and CITY, in conjunction with other Washington County cities and tile
Oregon Department of Transportation(ODOT),shall agree on a process(es)and review
criteria(e.g.,types and levels of analysis) to analyze and condition development
applications and plan amendments for impacts to COUNTY and state roads.
B. The review process(es),review criteria,and criteria to condition development and plan
amendment applications shall be consistent with the Oi-egon Higlmwy Plan,the Regional
Transpoi-tation System Plan,COUNTY and CITY Transportation Plans and Title 6 of
METRO'S Urban Gi-owth Management Functional Plan.
5. Maintenance Cooperation
A, The COUNTY and CITY, in conjunction with ODOT, shall consider developing an
Urban Road Maintenance Agreement within the TUSA area for the maintenance of
COUNTY, CITY, and state facilities, such as separately owned sections of arterial
streets and to supplement the 1984 League of Oregon Cities Policy regarding traffic-
1 iglus.
rafficlights.
Tigard Urban Service Agreernent
July 2006
Page 24
A. The COUNTY and CITY, in conjunction with other Washington County cities,shall
develop a set of minimum right-of-way maintenance standards and levels of activity to be
used in performance of services provided under the exchange of services agreement
described above in 5.a.
C. The COUNTY may contract with the CITY for the maintenance of COUNTY streets and
roads within the TUBA utilizing an agreed upon billing system.
D. The COUNTY,CITY and ODOT, in conjunction with other Washington County cities,
will study opportunities for co-locating maintenance facilities.
6. Implementation
Within one year of the effective date of this AGREEMENT,the CITY and COUNTY agree
to develop a schedule that describes when the provisions of this exhibit shall be
implemented.
Tigard Urban Service Agreement
July 2006
Page 25
EXHIBIT F
PROVISIONS OF AGREEMENT FOR SANITARY SEWED
AND STORM WATER MANAGEMENT
CLEAN WATER SERVICES,(CWS),CITY and COUNTY agree:
1. As a county service district organized under ORS 45'1, CWS has the legal authority for the
sanitary sewage and storm water(surface water)management within the CITY and the urban
unincorporated area.CWS develops standards and work programs, is the permit holder,and
operates the sanitary sewage treatment plants.
2.The CITY performs a portion of the local sanitary sewer and storm water management
programs as defined in the operating agreement between the CITY and CWS. This
agreement shall be modified on an as-needed basis by entities to the agreement.
3.At the time of this AGREEMENT,the following are specific issues that the parties have
addressed as part of this process and agree to resolve through changes to current
intergovernmental agreements.
A. Rehabilitation of Sewer Lines with Basins Identified with I-ligh Levels of Infiltration and
Inflow(I& I).
B. For lines that are cost-effective to do rehabilitation,CWS and the CITY will consider
cost-sharing regardless of line size under a formula and using hand sources to be agreed
on between CITY and CWS.The cost-share is to be determined through specific project
intergovernrnental agreements.Following the evaluation of program funding methods,
CWS, in cooperation with the CITY;will determine the long-term funding for I& I and
other rehabilitation projects.
C. CWS, with assistance from the CITY and other Washington County cities;shall
undertake periodic rate studies of monthly service charges to determine whether they are
adequate to cover costs, including costs of maintenance and rehabilitation of sewer lines.
The rate study shall consider sewer line deterioration and related maintenance and repair
issues.
4. Master and Watershed Planning:
A. Primary responsibility for master and watershed planning will remain with CWS, but the
CITY will be permitted to conduct such planning as long as these plans meet CWS
standards.CWS and the CITY shall use uniform standards,such as computer modeling,
to conduct these studies. CWS and the CITY shall determine their respective cost-
sharing responsibility for conducting these studies.
Tigard Urban Service Agreement
July 2006
Page 26
B.CWS and the CITY, in conjunction with other Washington County cities using the
Cit /District Committee established by CWS, shall develop uniform procedures for the
coordination and participation between CWS,the CITY and other cities when doing
master and watershed planning.
5. Sanitary Sewer Systems Development Charges
CWS and the CITY, in conjunction with ether Washington County cities, shall use tite
results of the CWS Conveyance System Management Study,or updates, for options for
collection and expenditure of SDC funds to address current disparities between where funds
are collected and where needs are for projects based on an agreed upon ITYICWS master
plan.
6. Storm Water Management System Development Charges
A. CWS and the CITY shall use the results of the CWS Surface Water Management Plan
Update Project to address all aspects of storm water management and to provide more
direction to CWS and the CITY.
B. Watershed plans being prepared by CWS for storm water management shall address the
major collection system as well as the open-channel system to identify projects for
funding;
7. Maintenance
CWS, in cooperation with the CITY and other Washington County cities, shall use the
results of tile CWS Conveyance System Management Study for guidance to resolve issues
related to roles of the DISTRICT and the cities in order to provide more cost effective
maintenance of the collection systems.
Tigard Urban Service Agreement
July 2006
Page 27
EXHIBIT G
PROVISIONS OF AGREEMENT FOR WATER SERVICE
TUALATIN VALLEY WATER DISTRICT(TVWD),TIGARD WATER DISTRICT(TWD),
CITY and COUNTY agree:
1. Supply:
A. Supply generally will not impact service boundaries,given that a limited number of
sources provide all the water in the Study area and the number of interconnections
between providers are increasing and are encouraged to continue in the future.
B. Future supply and conservation issues may be addressed through the Regional Water
Consortium to the extent reasonable and practicable for water providers in Washington
County. Service providers in the TUBA shall continue to participate in the Consortium
and use it as the forum for raising, discussing and addressing supply issues.
C. The Consortium may also serve as a forum to discuss and resolve water political issues
to the extent reasonable and practicable for water providers in Washington County. The
Consortium is an appropriate forum to bring elected officials together and for promoting
more efficient working relationships on water supply and conservation issues.
D. Intergovernmental agreements shall address ownership of interconnections between
CITY and Districts' sources,whether for the purpose of wholesale provision of water
from one entity to the other or for emergency use,in the ease of a boundary change that
involves the site of the interconnection.
2. Maintenance/Distribution
A. TVD,TWD and the CITY do not anticipate any events in the foreseeable future that
would necessitate maintenance,rehabilitation or replacement beyond the financial reach
of any of the water providers in the TUBA. 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 D,TWD, CITY, and COUNTY agree to maintain and participate in the
Cooperative Public Agencies of Washington County in order to efficiently share and
exchange equipment and set-vices.
C. To the extent reasonable and practicable,TV WD,TWD and the CITY shall coordinate
mandated(under Oregon law) underground utility locating services to efficiently provide
C�
service within the urban service areas.
D. TV WD,TWD and CITY agree to provide to one another copies of as-builts of existing
and new facilities and other types of water system maps for the purposes of facilitating
Tigard Urban Service Agreement
July 2006
Page 28
planning, engineering and design of other utilities or structures that may connect,
intersect or be built in proximity to CITY facilities. The CITY agrees to incorporate
such mapping into its GIS mapping system of utilities and other facilities.TVWD,TWD
and CITY agree to develop and maintain a common,on-going, up to date GIS mapping
system showing facilities of each water provider within the TUSA.
3. Customer Service/Water Rates:
A. Price of supply and bonded indebtedness will most likely have the greatest impact on
rates.
B. TVWD, TWD, and the CITY believe that rates are equitable within the TUBA.
C. Given adequate water pressure; level and quality of service should not vary significantly
among different water providers in the TUBA and does not appear to be an issue for most
customers.
4. Withdrawal/Annexation/Merger.
A. Notwithstanding Section I of this AGREEMENT Roles and Responsibilities,or
existing agreements between the providers,future annexations may lead to changes in
service provision arrangements. Modifications to any service area boundary shall
comply with METRO Cade Chapter 3.09 and provisions identified under Section IV.If
necessary,the Metro Boundary Appeals process shall be employed to resolve conflicts
between parties as they arise.TVWD,TWD; and the CITY shall continue to work
together to adjust boundaries as appropriate to improve the cost-effectiveness.and
efficiency of providing service.
B. In the event that the entire service area of any DISTRICT is annexed in the future,that
district shall be dissolved.No attempt shall be made to maintain the district by delaying
annexation of`a token portion of the district(e.g.,the district office).
C. Tile area of TVWD known as the Metzger service area shall remain in TVWD;except
those portions agreed to by both TVWD and CITY that may be withdrawn from TVWD
upon annexation to the CITY.In exchange,TVWD will support the CITY joining as a
partner of the Joint Water Commission.
D. Providers that propose a merger, major annexation or dissolution shall give all providers
in the study area an opportunity to influence the decision as well as plan for the
consequences.Nene of the parties waives its right to contest a major or minor boundary
change by any of the other parties on the issue of the appropriate service provider for the
area encompassed by the boundary change except when the party has expressly waived
that right as to a described service area in an agreement executed subsequent to this
agreement.
Tigard Urban Service Agreement
July 2006
Page 29