City Council Packet - 03/26/1962 HBO
IV
:MINUTES Or 111-ETING =ARCIP 26, 1.962_
Those present: Mayor Phillips, Councilmen Aitken, Hanneman and
Woodard, and 1\tiorney Anderson.
Mr Hall of Surety Realty Company, introduced the new owners of the
Torn Tavern, Mr and Mrs halter. Lawson, and presented their request
for license to sell packaged wine, packaged beer and beer by the
drink. They had made application at Kashincton County and paid
a'$10.00 fee, which it was suggested they have returned to them"
since the license fee would be charged by the City of Tigard. Dis-
cussion disclosed that this actually is e. continuation of the license
in force to the previous owners. Councilman Woodard I'OVEn that the
license 13e granted, 3ECOND by Councilman Hanneman and approved.
Mr and Mrs hawson paid the license fee of $15.00 and were given receir:t.
Mayor Phillips reported that Engineer Carter's study regardina the
Sanitary physical plant would not be nresenteC, until a later meeting.
Regarding the Prank Sanitary ?Service Franchise-:, meetin=g with
Mr Frank has been set ahead to Thursday, March 30, 1963,- at 11:30 .* 4.
at Attorney Anderson's office.
Councilman Woodard-reported that the 4 lic.ht^ recently arproved for
Lomita Terrace,are the_ 4 free lights available in the period 1962
1963, that any additional lights during this period would be at a
cost of $3.25 each per month, except if new poles are necessary.'
Complaint of Mr ,lames Tford regarding excessive ?Dncroft ^ond ses-
sment on his property nt 1=040 3, 5urnh,m was reported by Council-
man Woodard, but since thud dates bac', to March 1958, these i,
nothinq that can be done ?bout it. 7ny complaint of this nature.
"-- should have been followed thr_u,..h at the time.
Councilman Woodard brought up the question of whether or not ronme*-s
an a home would increase sewer service rites. ' Attorney Anderson --:<-
pressed'
nde son' ex-
pressed`that unless'roomers were sufficient in number to estajalish
the hone as a lodging house, in his ;inion there should be noin-
crease,in aewer service rate.
An inquiry re;arding sewer'connection fee had been received '-�v
Councilman Woodard regarding the moving of the Lone C ati; Ta vern,
but the, plumber had no plan sono ccst=could le esta,hlished. it
is Councilman 4''oodard's under Standin-i that the Tavern is to be
move because of the purchase of the property, on which it now
stands soy Mobil Oil, Station.
Councilman Woodard reported that the work on the iiunsi.ker are, ser::er
extension had :been delayed`due to c uiclr sand, >.nd i.l J. be -resumed as
soon as the weather drys up. The, complete figures on the Tiraard n1-+�7
sewer 'installations have been prepared .and ;riven ttarney` nclerercn,
q with the exception of the garbage disposal. in the rest�urart, which
is awaiting reply to our letter of March 22, 1962.
Councilman Hanneman has'now been advised that there is another
bridge ahead of the Fanno Creek Bridge,;but he.will 'attend a County
Roadd meeting on March 27, 1962, when he hones.to -_ret- some l ri-
cati.on" on this batter.
3=26-62
P,ttprney Anderson presented detailed >•'emer<ndum recar-di.nq c:,llec-
ti.on of delincsuent sewer service foes (sec: attached) - briefly from
*. Section 224-•220 0:ta6m:v be recovered .in an action =t 11W,
or m_ay_e certified to the tax assessor of he✓ County in o:hich the
municipality is situated and"he by him sessed ,ainst the oremises>
served" "I find no provision in the statutes with respect to
cities'vhereby the discon'4i-nuance of water'service as <:n aid to en-
forcement of sewer charges is authorized Tt is my opinion
that the above-cited Section'224.220 ORS, containing -alternate
methods of collection, is the sole and exclusive`authority in the
premises. Accordingly, I recommend that no further efforts be made
to collect sewer service,charges through the assistance of the
Tigard Water District."
Councilman Hanneman MOVED that Attorney Anderson draw up comnre-
hensive-ordinance,providing' that the 'clerk keep a complete docket
of all service obligations that become delinruent, including the
legal description of the premises served, and periodically, with
at least annual frequency, charges be prepared to'provide title
companies with information as to unpaid' sewer_service obligations
when requested in connection with pending real estate transactions,
so that vendees or grantees may be aware of the delinquency as a
prospective lien against the premises. SECOND by Councilman Woodard
and approved.
Mayor Phillips recommended that_ tha Ordinance when voted be published,
and that notice of the requirement'of:Citv' Building Permits also be
published.
Attorney Anderson discussed some of the problems regarding the
Johnson Frea Bond issue, and he onticipates :having the assessment
rolls ready to be brought up to date in the near future. The Or-
dinance regarding Sub-dividers will be studied by the Council at
the'meeting April 2, 1962.`
The Lease-option on the vacant United States National Bank Building
is to be readied by; Attorney Anderson this week, and would provide
for use of the building as of May 1, 1962, rent to be paid if pur-
chase 'arrangements not consumated by July 1,'1962. ;
Mayor Phillips and Attorney Anderson plan to attend a meeting of
the-Washington County Planning and Zoning Commission at :the Court
House in Hillsboro on Thursday, March 29, 1962, at 7:30 P. M. when
there will be further discussion of the Planning,Commission's role
in
assisting 'the City with this,operation.
Mayor Phillips reported-the budget will be considered at Council
meeting on April 2, 1962.
Councilman Woodard lill to adjourn. SECOND by Councilman Aitken,
and approved:
Meeting adjourned at 9:30:P. M. 1
Resp_ectfully s fitted,
Clerk:
326-62 - 2 -
i
i
ME MAYOR, TM COURCIL and CIT'1 MERE
Tigard, Oregon
You will recall tho several brief discussions at. Council
mmatings with respect to the wattex of enforcing collection of
unpaid sewer service chazgss wittn particular regard to t1u.- con-
tract existing between the fr sr Tigard .anitap, District and
the Tigard Water District, under the terms of rahich the latter
agreed to discontinua water service to delinquent: sewer subscrib-
ers as a collection aid.
I have now had an opportunity to consider this problem more
futllyy, particularly in the light of the statute relating to city
affairs.
Section 224.220 Oregon Revised Statutes provides:
"The governing body of a municipality may establish;just
and equitable rateta and charges to Toa paid for the use of
the (sewer) facilities by each person, fires or corporation
whaso premises are served thereby, or upon subsequent
service thereto. if the service charges so astablisated
are not paid when due, than amounts thereof together with
such gaew.lties, interest and costs as may be provided by
.he govaaraing body of the mmicipality, may be recovared
in an action at law, or may be certified to tax
assessor ot the caacusty isa whicta the municipality is simi.-
ated-a-M be bX hix assessed a aainst the emises'served.
These charges a reupon a ca ecce and pa over
in the same manner as other taxes are certified, collected
and paid ever." (Parentheses and underscoring supplied.)
I find no provision in the statutes with respect to cities
whereby the discontinuance of water nerva.ce as sin aid to enforce-
went of sewer charges is authorized.
Although the assets and liabilities of a pre-aaxisting dis-
t rict wholly encompassed by the'boundsxi.es or a city bead the:
I?roperty or obligation of the city, I %"nnot say that a pre-
exist-Zug contract betwaam tl-- T1V-rd 1-lo - Di
..,..._�.._.. .._,.,...,... ...�.. uu=: w.�`..i sastzs.c.t 3xn.[' tints i$ AY[x ;z-zt*:.—
itary District with reap ct�to enfarceaasat of sewer aha;rg0as by
discontinuing w:.tar sarvic5e remains available grid legally useful
after the incorporation of :'igard.
It is Bay opinion that the above cited Section 224.220 oRS,
contzainin$ alternate'assthads of collection, is the°sole and exclus-
ven atattaority in the premises. Accordingly,'I recommend that no
further efforts be made to collect sewer service chargers through
the assistance of the Turd Water District.
Irrespective of the method to be followed to enforce col
lection, and particularly if the assessment method is selacred, it
is fundamental that an accurate, complete docket be:maintained in
the airy office of all service obligations that become delinquent,
including the legal'description of the premises served thereby.
Periodically, with at least annual fregmmanneg' charges should be
certified to the County Assessor and In the Interim the City Clem
stuauld be pLlepera0 provide title companies WLCia xn Orton ss
mom
to tileick sower son-Lee obligations whan requested in commection
with tae real estate transactions, SO that vandean or grantees
may be awre of the delinquency as a prospective lien against the
p rte..
fid. A. Anderson - City Attorne
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MEMO
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