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City Council Packet - 05/04/1981 TIGARD CITY COUNCIL C,. STUDY SESSION AGENDA 14AY 4, 1981, 7:30 P.M. FOWLER JUNIOR HIGH SCHOOL LECTURE ROOM I. ROLL CALL 2. REQUEST OF WASHINGTON COUNTY HOUSING AUTHORITY - City Administrator 3. ANNEXATION- STATUS - Planning Director, 4. ORDINANCE - REGULATING SOUND TRUCKS - Chief of Police 5. ORDINANCE - PUBLIC INDECENCY (AMIEND 7.32.110) - Chief of Police 6. ORDINANCE - AMEND 7.40.070 - PORTABLE AMPLIFYING EQUIPMENT - Chief of Police 7. ORDINANCE - SALE OF PERSONAL PROPERTY - Chief of Police 8. ORDINANCE - ALARM SYSTEMS - Chief of Police 9. PRELIMINARY ENGINEERING REPORT - TIEDEMAN SE14ER LID PROPOSAL - Director of Public Works 10. SUffl4ERLAKE PARK - Discussion - City Administrator 11. STATUS PINEBROOK PROPERTY - City Administrator 12. DISCUSSION - CITY ATTORNEY SELECTION - Council 13. COMPREHENSIVE STREET PLAN - Council Input - Public Works Director 14. OTHER - Schedule 5/18/81 special/study cAccinn 15. ADJOURNMENT 4 T I G A R D C I T Y C 0 U N C I L STUDY SESSION MINUTES - MAY 4, 1981 - 7 : 30 P.M. 1 . ROLL CALL: Present : Mayor Wilbur Bishop; Councilmen Tom Brian John Cook, Kenneth Scheckla ; Councilwoman Nancie Stimler ; Chief of Police, Robert Adams ; Legal Counsel , Joe Bailey ( left at 10 :04 P.M. ) ; City Administrator ; Raeldon R . Barker; Director of Public Works , Frank Currie ; Finance Director/ City Recorder, Doris Hartig; Planning Director , Aldie Howard (left at 8 : 55 P.M. ) ; Administrative Secretary, Loreen Wilson. 2 . REQUEST OF WASHINGTON COUNTY HOUSING AUTHORITY (a) City Administrator stated the Housing Authority was requesting an agreement with the City to allow a proposed 44 units of low income housing to be located within the City Limits of Tigard . He advised Council that in 1978 the City entered into an agree- ment for 10 homes which were new construction and in 1980 for b homes which were rehabilitations of existing structures . The 44 units proposed would be 34 new structures and 10 units rehabilitations of existing structures . The City Administrator questioned Mr. Dayton Page , Acting Executive Director of the Washington County Housing Authority, as to the number of assisted units planned for the City. (b) Mr. Dayton Page gave an overview of the funding request pro- cedures and stated that if the agreement would be signed he would be in a better position to file when funding becomes available for the Portland Metropolitan area . (c) Lengthy discussion followed between Council , staff and Mr. Page regarding the restrictive language in the agreement . Of special concern to the Council was section 5 of the agreement which required the City to nrn,T;rla T.lat-r, a streeL improvements for the project and the fact that 1the�Housing Authority is going to be owning the homes . (d) Mr. Page requested that a final decision be made soon so that he could meet his May 30th deadline. (e) After considerable discussion, consensus of Council was to con- sider the agreement at the May 11th regular meeting with an amendincat to the number of units to be developed from 44 to 12 units . 3 . ANNEXATION STATUS (a) Planning Director advised Council therewere nine (9) more island areas in the City and requested Council give a time frame for when they wished to consider each area . (b) Consensus of Council was to consider the following areas at the time shown. (1) Robinson Property on Scholls Ferry Road. Notification letter to be sent to property owners July 27 , 1981 City Council Regular Meeting August 10 , 1981 . (2) Highway 217 Area Island . Notiticati.on letter to be sent to property owners July 27 , 1981 . City Council Study Session August 3, 1981 City Council Regular Meeting August 10 , 1981 (3) Pfaffle Ri ht-of-Wa . (entire street) City Council Study Session June 1 81 City Council Regular Meeting June 8 , 1981 Small island created by annexation to be considered by Council after final action by Boundary Review Committee. (4) Bennett Property on Durham Road. City Council regular meeting June 8 , 1981 (5) Durham "Island" Notification letter to be sent to property owners June 5 , 1981 City Council Study Session August 3 , 1981 City Council Regular Meeting August 10 , 1981 (6) McDonald Islands Notification etter to be sent to property owners June 5 , 1981 City Council Study Session August 3, 1981 City Council Regular Meeting August 10 , 1981 (7) Bull Mountain Road Right-of-Way (entire street) City Council Study Session June 1 , 198 City Council Regular Meeting June 8 , 1981 (8) Walnut Annexation (Bechtold Annexation - 135th) C!Ly Council Study Session Juice t , 17251 City Council Regular Meeting June 22, 1981- *providing the City and developer have made comprehen- sive sewer plan by the date for the area . Notice to the pote-itial "island" residents to be sent June 5, 1981 Walnut Street - Large Island Created by Bechtold Annexation Notification letter to be sent to property owners July 3 , 1.981 . City Council Study Session August 3 , 1981 City Council Regular Meeting August 10 , 1981 (9) Hall Blvd. (single lot - Haglund) City Council Study Session June -1 , 1981 City Council Regular Meeting June 8, 1981 (Planning Director to request confirmation of Washington County, Metzger Citizens and Metro feelings regarding this proposal) . PAGE 2 STUDY SESSION COUNCIL MINUTES , May 4, 1981 ..y ( c) Mayor Bishop stated he could not support the annexation of Pfaffle Street and Bull Mountain Road right-of-way proposals . Consensus of Council was to set these items for consideration. Mayor Bishop advised Council he would oppose any annexation requests initiated by the City or Council of the single lot islands created by the annexation of the rights-of-way on Pfaffle and Bull Mountain. (d) Mayor requested Council consider waiving fee for the Hillview Annexation which was received by the City last week. When staff and Council met with citizens in the area , there was no discussion regarding the fee which must accompany any petition for annexation . Consensus of Council- was to Day the filing fee since the Hillview Annexation has been pursued and partially initiated by Council . Planning Director left 8 : 55 P.M. 4. ORDINANCE - REGULATING SOUND TRUCKS (a) Chief of Police advised Council that this ordinance arises out of several requests received for the last year for permits to use sound trucks . This would serve as a companion ordinance to the existing sound ordinance . It would limit the hours of use, the streets which sound trucks will not be allowed to travel , and the dba levels which will be enforced. (b) Councilwoman Stimler requested staff consider amending the draft ordinance to allow for a permit to be issued for special events , i . e . Town and Country Days Parade . (c) After discussion of the point, Legal Counsel suggested the following amendment be included in the proposed ordinance . Section 5( i) "This Ordinance shall not apply to a sound truck being used as part of a parade authorized pursuant to section lo . 32 .070 of the Tigai-u mLui-Licipal Coi (d) Consensus of Council was to consider amended ordinance at the May 11 , 1981 meeting. 5 . ORDINANCE - PUBLIC INDECENCY (AMEND 7 . 32 . 110) (a) Chief of Police recommended Council approve the ordinance noting that subsection b and d are the new portions of the code . (b) Discussion followed as to whether there was a need to change the sections referring to "he" with the words "he/she" . Legal Counsel advised that this would not seem necessary since state law is always written in the masculine but means masculine or feminine . PAGE 3 - STUDY SESSION COUNCIL MINUTES , May 4, 1981 (c) Consensus of Council was to consider this item at the May Ilth meeting . 6 . ORDINANCE - AMEND 7 . 40 .070 - PORTABLE AMPLIFYING EQUIPMENT (a) Chief of Police asked Council consider an ordinance to set dba levels for the use of portable amplfying equipment . (b) Considerable discussion was heard regarding the dba level requirements and time constraints for the use of the equipment . (c) Consensus of Council was to consider at the May 11th meeting with an amendment to allow for open air performances or auctions sanctioned by the City. 7 . ORDINANCE - SALE OF PERSONAL PROPERTY (a) Chief of Police requested Council approve the ordinance to allow the City to legally dispose of the abandoned and found property which the Police Department has turned over to it . (b) Legal Counsel spoke to the history of the issue and recommended Council approve the ordinance . (c) Consensus of Council was to consider the ordinance at the May 11 , 1981 . -. 8 . ORDINANCE - ALARM SYSTEMS (a) Chief of Police stated that this ordinance is necessary due to the increased use of alarm systems and increased frequency of false alarms in the City. The format for the ordinance was taken from the Washington County and Multnomah County orders with some modification for the City in the fee schedule . Chief of Police advised Council this would be before them at the June 8 , 1981 meeting as he wanted to send it out to the users and vendors of alarm systems . (b) Consensus of Council was to consider this ordinance at the June 8th meeting. Councilman Cook requested a copy of the fee schedule used by Washington County be given to Council at the �r May 11 , 1981 meeting. (c) Discussion followed as to the impact this would have on private and business alarms . Legal Counsel noted that this would affect the private residential alarm system by requiring a permit . Discussion then followed regarding the permits and how they would be sold. Chief of Police suggested amending the ordinance section 4 (e) to read "Alarm user permits shall be issued July 1 through June 30, the followin, year. PAGE 4 - STUDY SESSION COUNCIL MINUTES, May 4, 1981 µ� Ti Ai' Consensus of Council was to prorate the fee for the permit on a six month basis 9 . DISCUSSION - CITY ATTORNEY SELECTION (a) Mayor reported that he and Councilman Scheckla held a special meeting Tuesday, April 28 , 1981 with Mr . Ed Sullivan and Mr. Mark O 'Donnell to discuss the possible appointment of Mr . Sullivan as the City Attorney with the firm of O 'Donnell , Rhoades , Gerber, Sullivan, Ramis . (b) Council discussed with Legal Counsel some of the pending litigation matters and asked when would be an appropriate time for the City to hire Mr. Sullivan. Legal Counsel stated that he had approximately 15 hours of work left in pending matters and had the Leron Heights litigation in the process . He stated that Council would have to decide whether they wished him to proceed with that litigation. (c) Mr. Stan Bunn, Attorney, 408 E. First, Newberg, Oregon, presented a packet explaining his firms strengths and desire to be con- sidered for the vacancy. (d) Councilman Brian expressed his appreciation to Mr. Bunn for his application, however, stated that Council has had an opportunity to interview Mr. Sullivan and has conducted back- ground checks and feels prepared to make an appointment at this time . (e) Motion by Councilman Brian, seconded by Councilman Scheckla to appoint Edward J . Sullivan and the firm of O 'Donnell , Rhoades , Gerber, Sullivan, Ramis , as the City' s Legal Counsel to be effective June 1 , 1981 subject to the completion of their pending litigation with the City of Tigard. Approved by unanimous vote of Council . (f) Councilwoman Stimler requested the City Attorney attend the Planning Commission meeting of May 5, 1981 , for the consider- ation of Main Street Development . Consensus of Council was to have attorney present at the Planning Commission meeting. Legal Counsel left : 10 :04 P.M. RECESS : 10 :04 P.M. RECONVENE: 10: 15 P.M. 10 . PRELIMINARY ENGINEERING REPORT - TIEDEMAN SEWER LID PROPOSAL (a) Director of Public Works discussed the preliminary engineer- ing report for the Tiedeman Sewer LID with Council . A petition PAGE 5 - STUDY SESSION COUNCIL MINUTES , May 4, 1981 with 75% of the property owners ias been received requesting the LID. Two alternatives for the sewer line were suggesed , with the strengths and weaknesses of each discussed. Though Alternative No. 1 is a little more expensive , the Director of Public Works recommended Council consider it because it can better serve the properties involved . He noted that this alternative would require a creek crossing which accounts for part of the higher cost . Director of Public Works recommended Council consider advertis- ing for the bid in this project soon so as to take advantage of the favorable bidding climate and perhaps lower the cost to the lots . (b) Councilwoman Stimler requested Director of Public Works inves- tigate the type of waste Great Western Chemical Corp. will be putting into the sewer system and check out what line require- ments will be needed to service them. (c) Consensus of Council was to consider a resolution of intent at the May 11 , 1981 , meeting. (d) Finance Director advised Council that , at this particular time, the City is unable to obtain warrants under 10% for LID develop- ments . 11 . SUMMERLAKE PARK - Discussion (a) City Administrator advised Council of problems such as vandal- ism, illegal fishing and bikers in Summerlake Park area . With children swimming in the lake , the City could be facing some liability problems . He recommended Council consider passing an ordinance to post the property with "no trespassing" signs . (b) Consensus of Council was to consider ordinance at the May 11th meeting. 12 STATUS YINEBROOK PROPERTY (a) City Administrator advised Council that the Pinebrook property sale agreement was no longer in effect since the potential buyer could not get financing for the project . (b) J .B. Bishop, member of the audience, suggested the City con- sider a reappraisal of the property since it now has a con- ditional use permit granted for duplexes . He felt this would substantially increase the value of the property. (c) Consensus of Council was to multiple list with Sam Gotter Realtors again and ask them to price the property based on their market knowledge. PAGE 6 - STUDY SESSION COUNCIL MINUTES, May 4, 1981 u`t 13 . COMPREHENSIVE STREET PLAN - Council Input (a) Director of Public Works discussed with Council the requests from previous meetings to come up with a different balance of financing the improvements with LTD ' s being at 25% and the street priority list being addressed with respect to Council concerns . Director of Public Works stated he would like to discuss these items at a study session with Council and then proceed showing the plan to all the active NPO' s and the Planning Commission. (b) Consensus of Council was to consider this at the June 1 , 1981 , meeting . 14. OTHER (a) Finance Director advised Council that Monday, May 25th, was a holiday and requested how Council would like to hold their meeting of May 18th. Consensus of Council was to have a special meeting held on the 18th . (b) City Administrator invited interested Council members to 3oin him and staff in looking at the old Tigard Times office building Wednesday morning at 10 :00 A. M. This could be a possible loca- tion for expansion of City Hall and meet some of the office space needs currently being experienced by the City. (c) Councilman Scheckla stated there have been meetings regarding the City Administrator' s possible dismissal and requested this item be considered at this meeting . Councilman Brian stated that the Council had advised the citizens that this would be held on May 11 , 1981 , and felt the Council had an obligation to give proper notice . Councilwoman Stimler stated she supported this item being considered at the May 11th meeting. mayor Bishop responded to questions of the audience and stated that no public testimony would be allowed in the meeLing Of May 11th. However, if they wished to submit written testimony, Council would consider it in their packets but would not read it into the record . It was noted that Council packets are delivered late Thursday afternoon . Consensus of Council was to support the Mayor ' s statements regarding testimony. Councilman Scheckla stated that he only wanted to check and see where this item stood at the time and did not intend to have a vote at this meeting. (d) Director of Public Works advised Council that the City of Tualatin has sold bonds for a water system which will run through City of Tigard on 72nd Avenue to allow them to use the right-of-wav for their improvement. PAGE 7 - STUDY SESSION COUNCIL MINUTES , May 4, 1981 Consensus of Council was to treat this development like any other public improvement and require proper bonds and agree- ments to be signed. Director of Public Works is to draw up an agreement for the project. (e) Director of Public Works stated his department is reviewing plans now for the Hampton Street LID proposal . (f) Director of Public Works stated that the property owner south of the senior center has requested a trade of an easement for right-of-way for a sewer connection since the septic system is failing at the owners residence. After discussion of the needs and purpose of the easement, consensus of Council was to stay with the original proposal made with the property owner which would require dedication to the public of a section of the property for overflow park- ing at the Senior Center. 15 . ADJOURNMENT: 17 :Q8 P.M. � r�u-ti0 ity Recorder ATTEST Mayor ,- PAGE 8 - STUDY SESSION COUNCIL MINUTES, May 4, 1981 - 1 THE HOUSING AUTHORITY OF WASHINGTON COUNTY 560 S.E. Third St. Hillsboro, Oregon 97123 Phone: (503) M-851 COMMISSIONERS: o.K.0--a-cna..—March 30, 1981(': T.J.E—e,i L.R.Fe—.9 . L.0.1.Wallace 1 F••-n.:rrfk Mayor Wilbur Bishop P.O. Box 23397 Tigard, OR 97223 Dear Mayor Bishop: We are in the process of working through the regulation regarding applications for subsidized housing with HUD. -There are two areas of concern within the new process that involve you directly. The first is that they want us to make individual application for new projects for each city and for the unincorporated area. These will be placed in a production pipeline and HUD will provide funding Y. on a fair share basis to Washington County. In the past we have had the flexibility of making a general application and then apply the assistance where most needed. Authority now for making application comes from the Housing Assistance Plan (HAP). The HAP defines for each jurisdiction, including yours, a three year goal . This goal represents five percent (5%) of your estimated need. Following the HAP the Housing Authority is responsible for providing housing in your area through three methods- One ; our existing Section 8 Rental Assistance program. Two is a Moderate Rehabiii.tation program which provides upgrading of rental housing along with a Section 8 subsidy. The third is conventional public housing in which we buy, build or rehabilitate rental housing. We wish to submit for your jurisdiction at one time applications adequate enough to provide the housing as defined for the three year period. By showing this good faith effort your jurisdiction also meets this portion of its requirements under the HAP plan. (Unfortunately, we know there will not be enough money to supply the total need.) Attached for your information i s of the 1 -l a = copy ��'�' e•vc Y�tl 1 1 attempt to meet along with the method approved by the HAP. The second part .of our conflict with HUD is their form of Cooperation Agreement. We feel that this is an agreement between your jursidic-- tion and the Housing Authority. HUD, however, feels that since they provide the funding they should also see their form, without changes, used to safeguard that funding. Attached for your approval through resolution is a Cooperation Agreement which will cover the applications for 44 unit for Tigard. Please return two copies of the Executed Cooperation Agreement, a certified copy of your resolution and a c�rtlfic;-:ite of incumbency of your Board effective as of the date of the pas!>inq of the resolution. Attached for your use also is an example of an app:-oving resolution, an example of the Certification and an examz�!e of a Certificate of Incumbency. HUD's time line would dictate that applications be received prior to May ?0, 1981 along with all supporting documents. I would also like to be notified of the Board meeting when this comes up for approval so that I may be present to answer questions that may arise. If you have any questions, please call me. Sincerely, H SIG TITY SHINGTON COUNTY Dayt Page c^� Acti g Executive Director DP/BP/am encls. HOUSING ASSISTANCE PLAN Three Year Goal and Acheivement Jurisdiction: TIGARD Type of Housing Goal Actual Method New Construction 34 Acq. W/0 Sub. Rehab. Acq. With Sub. Rehab. 10 Sect. 8 Existing 70 Sect. 8 Mod. Re`iab. 10 TOTAL 124 COOPERATION AGREEMENT This Agreement entered into this day of by and between the Housing Authority of Washington County herein called the "Local Authority") and 1/1[herein called the "Municipality") , witnesseth: In consideration of the mutual covenants hereinafter set forth, the parties hereto do agree as follows: 1 . Whenever used in this Agreement: (a) The term "Project" shall mean any low-rent housing hereafter developed or acquired by the Local Authority with financial assistance of the United States of America acting through the Secretary of Housing and Urban Development (herein called the 'Government") ; excluding however, any low-rent housing project covered by any contract for loans and annual contributions entered into between the Local Authority and the Government, or its predecessor agencies, prior to the date or this Agreement. (b) The term "Taxing Body" shall mean the State or any political subdivision or taxing unit thereof in which a Project is situated and which would have authority to assess or levy real or personal property taxes or to certify such taxes to a taxing body or public officer to be levied for its use and benefit with respect to a Project if it were not exempt from taxation. (c) The term "Shelter RentII1 shall mean the total of all charges to all tenants of a Project for dwelling rents and nondwelling rents (excluding all other income of such Project) , less the cost to the Local Authority of all dwelling and nondwelling utilities. 2. The Local Authority shall endeavor (a) to secure a contract or contracts with the Government for loans and annual contributions covering one or more Projects comprising approximately 2/ units of low-rent housing and (b) to develop or acquire and administer such Project or Projects, each of which shall be located within the corporate limits of the Municipality. The obligations of the parties hereto shall apply to each such Project. 3. (a) Under the constitution and statutues of the of , 3/ all projects are exempt from all real and personal property taxes and special assessments levied or imposed by any Taxing Body. With respect to any Project, so long as either (i) such Project is owner ' by a public body or governmental agency and is used for low-rent housing purposes, or (ii) any contract between the Local Authority and the Government for loans or annual contributions, or both, in connection with such Project remains in force and effect, or (iii) any bonds issued in connection with such Project or any monies due to the Government in connection with such Project remain unpaid, whichever period is the longest, the Municipality agrees that it will not levy or impose any real or personal property taxes or special assessments upon such Project or upon the Local Authority with respect thereto. During such period, the Local Authority shalt make annual payments (herein called "Payments in Lieu of Taxes") in lieu of such taxes and special assessments and in payment for the public services and facilities furnished from time to time without other cost or charge for or with respect to such Project. (b) Each such annual Payment in Lieu of Taxes shall be made after the end of the fiscal year established for such Project, and shall be in an amount equal to either (i) ten percent (10%) of the Shelter Rent charged by the Local Authority In respect to such Project during such fiscal year or (ii) the amount permitted to be paid by applicable state law in effect on the date such payment is made, which- ever amount is the lower. (c) The Municipality shall distribute the Payments in Lieu of Taxes among the Taxing Bodies in the proportion which the real property taxes which would have been paid to each Taxing Body for such year if the Project were not exempt from taxation ears to the total real property taxes which would have been paid to all of the Taxing Bodies for such year if the Project were not exempt from taxation; Provided, however, That no payment for any year shall be made to any Taxing Body in excess of the amount of the real property taxes which would have been' paid to such Taxing Body for such year if the Project were not exempt from taxation. (d) Upon failure of the Local Authority to make any Payment in Lieu of Taxes, no lien against any Project or assets of the Local Authority shall attach, nor shall any interest or penalties accrue or attach on account thereof. 4. During the period commencing with the date of the acquisition of any part of the site or sites of any Project and continuing so long as either (i) such Project is owned by a public body or governmental agency and is used for low-rent housing purposes, or (ii) any contract between the Local Authority and the Government for loans or annual contributions, or both, in connection with such Project remains in force and effect, or (iii) any bonds issued in connection with such Project or any monies due to the Government in connection with such Project remain unpaid, whichever period is the longest, the Municipality without cost or charge to the Local Authority or the tenants of such Project (other than the Payments In Lieu of Taxes) shall : (a) Furnish or cause to b_p furnished to the Local Authority and the tenants of such Project public services and facilities of the same character and to the same extent as are furnished from time to time without cost or charge to other dwellings and inhabitants in the Municipality; (b) Vacate such streets, roads, and alleys within the area of such Project as may be necessary in the development thereof, and convey without charge to the Local Authority such interest as the Municipality may have in such vacated areas; and, in so far as it is lawfully able to do so without cost or expense to the Local Authority or to the Municipality, cause to be removed from such vacated areas, in so far as it may be necessary, all public or private utility lines and equipment; (c) in so far as the Municipality may lawfully do so, (i) grant such deviations from the building code of the Municipality as are reasonable and necessary to promote economy and efficiency in the development and administration of such Project, and at the same time safeguard health and safety, and (ii) make such changes in any zoning of the site and surrounding territory of such Project as are reasonable and necessary for the development and protection of such Project and the surrounding territory; (d) Accept grants of easements necessary for the development of such Projects; and (e) Cooperate with the Local Authority by such other lawful action or ways as the Municipality and the Local :authority may find necessary in connection with the development and administration of such Project. 5. In respect to any Project the Municipality further agrees that within a reasonable time after receipt of a written request therefor from the Local Authority: (a) It will accept the dedication of all interior streets, roads, alleys, and adjacent sidewalks within the area of such Project, together with all storm and sanitary sewer mains in such dedicated areas, after the Local Authority, at its own expense, has completed the grading, improvement, paving, and installation thereof in accordance with specifications acceptable to the Municipality; (b) it will accept necessary dedications of land for, and will grade, improve, pave and provide sidewalks for, all streets bounding such Project or necessary to provide adequate access thereto (in consideration whereof the Local Authority shall pay to the Municipality such amount as would be assessed against the Project site for such work site were privately owned) ; and (c) It will provide, or cause to be provided, water mains, and storm and sanitary sewer mains, leading to such Project and serving the bounding streets thereof (in consideration whereof the Local Authority shall pay to the Municipality such amount as would be assessed against the Project site for such work is such site were privately owned) . 6. If by reason of the Municipality's failure or refusal to furnish or cause to be furnished any public services or facilities which it has agreed hereunder to furnish or to cause to be furnished to the Local Authority or to the tenants of any Project, the Local Authority incurs any expense to obtain such services or facilities then the Local Authority may deduct the amount of such expense from any Payments in Lieu of Taxes due or to become due to the Municipality in respect to any Project or any other low-rent housing projects owned or operated by the Local Authority. 7. No Cooperation Agreement heretofore entered into between the Municipality and the Local Authority shall be construed to apply to any Project covered by this Agreement. 8. No member of the governing body of the Municipality or any other public official of the Municipality who exercises any responsibilities or functions with respect to any Project during his tenure or for one year thereafter shall have any interest, direct or indirect, in any Project or any property included or planned to be included in any Project, or any contracts in connection with such Projects or property. If any such governing body member or such other public official of the Municipality involuntarily acquires or had acquired prior to the beginning of his tenure any such interest, he shall immediately disclose such interest to the Local Authority. k' 9. So long as any contract between the Local Authority and the Government for loans (including preliminary loans) or annual Contributions, or both, in connection with any project remains in force and effect, or so long as any bonds issued in connection wLth an'y Project or any monies due to the Government in connection with any Project remain unpaid, this Agreement shall not be abrogated, changed, or modified without the consent of the Government. The privileges and obligations of the Municipality hereunder shall remain in full force and effect :_ with respect to each Project so long as the beneficial title to such Project is held by the Local Authority or by any other public body or governmental agency, including the Government, authorized by law to engage in the development or administration of low-rent housing projects. If at any time the beneficial title to, or possession of, any Project is held by such other public body or governmental agency, including the Gover....... the hereof shall inure to the benefit of and may be enforced b provisions or governmental agency, including the Government_, y. such other public body IN WITNESS WHEREOF the Municipality and the Local Authority have respectively signed this Agreement and caused their seals to be affixed and attested as of the day and year first above written. (SEAL) Corporate Name of Municipality) ATTEST: By By --------------- Type Name and T6tle Type Name and Title (SEAL) Housing Authority of Washington County ATTEST: By By Chairman TYp, Name and Title jf G t vtQeS-7%,4 pa:a.z�et.:er+ervas ,.,.-..[ _.T_OD.'--. ..OMPE 50878 /l T1(rys Oregon,�t.....4p THIS IS A LEGALLYt31NDING CONTRACT,IF NOT UNDERSTOOD,SEEK COMPETENT ADVICE LH CA1JilON Read impo"ant additignal terms on ravel side of sate agreement d receipt for earnest money before signing.These additional terms regarding Title Insurance, REALi G� Forfeiture p;�`inions dnd aMorney foes ere included in this egrvomaM. --- hereinafter called"parcho-.• 1.Received of ,1oL ftf]�•FP� 9 •� as carnes)money and port payment for 2. Thseum of s 1 .0 ID ffl in the form of ❑check, ❑cash.N note payable aeh-t Qt ri 3. rh*purchase of the following described real estate situated in the City of , 'r/ State of Oregon,to wit: TAS 17l riP�1^CtC 1�C TP7"1"fC`(� - - _ - hlegot,escnpno>•e ecmmonly known as: S. which we hove this day sold to the said purchaser,subject to the approval of the seller, 6" career +so ------Dortara s x0.500.00 7. for the purchase price of $ 000 00 S. o[n the following terms,to wit The somal1 money above receipted for• •••••' ••'''''•'' 9. C on _-- 19 ! as additional earnest money.the sum of.........•..••......'.... s. 51000-00 t an Owner's acceproil ._.••,••,, •• • to. Upon acceptance of title and delivery of 01 Deed ❑ Contra t the sura of ''''' Dollars s-3 11. The balance of fine amount of $35x500 bearing Merest 12. payable as follows: r7�7er to give seller a pKgpjSSQrV of 5,500. earl but no ,3. at the rate of 12% per annum Note due & payable upCUMn be Jjuunq - 14. 3 a� thanril 15 1931. Sao d note will be secured by a mart a e on sub act roomer_ y. 16. 17. 18 The purchaser shall pay required assumption nista and reimburse the setlw for sums held in the reserve amount of any indebtedness assumed in t is 19. transaction, in addition to the purchase price. If this transaction is subject to purchaser securing a new loan, purchaser agrees to make upon varl:ance apgratral,19 complete necessary papers, and exert his best efforts to 'P'r`ocure such 20. arriftan opplitation not Toler than e diuoantr uiredb lender;not to escetd$ �,(� 21. financing: and if transaction is to be financed through FHA o Federal VA, seller agrees to pay the prevailingbuilding di use t requi7ons, reservations ledin Federal patents, terse fsdcl 22. The property is to be conveyed from and clear of all fiens and Incumbrances to date except zoning orc inen,li 9 23. utility easements of record,and: 24. bT0 other. 23. All light fixtures and bulbs,fluorescent lamps,Venetian blinds,window and door screens, storm windows and doors, s,ached floor coverings, eattached ti television O{on entennes. call 26, towel and drapery rods, s.flu and trees, and irrigation, plublinds, kin d cooking and heating equipment,including oil tonics,except fireplace equipment tho7 is not attached in any manner 27. to the structure,and oil fixtures except 28. N/A 29. art to be left upon the premises as part of the prordwsed, the following personal property u also includedas pars of the property purchased perty pu 36. for said purchase price. - 31. 32, The seller repro I :II)that the above dwelling is connected to la)❑public sewer system;Ibt❑cesspool or septic tank;121 that he knows of no material yr errs to defects; 737 that ns 33. electrical wiringg heating,coaling,and plumbing systoms will be{n working order of the time purchaser hs entitled to possession;{41 that he has no notice of any Gens to be o;sensed agoinz7 34. tho prop�y;IS)He will maintain the Property and yard in Present condition;16)that he has no notice from any governmental agency of any violation of lows relating to the subject prop- 35. arty' %c 19 37, Seller endpurchaserpurchaser ogre*to prorate the taxes far the current lox Year,rents,in7<resl, and otht items as the of:_ for _ 39.33. mbr Premiums for to be diinsurance scharged by seller may be paid al e i opt on ioutof purat chase money at date oftclos closing.Dae of cees to losing on to before el, hf any, m mwagr ,..�k at date of peursswr.. All The undersigned Sellers and Purchasers direct the selling REALTORo to❑dePesif the earnest money and additional earnest money in hold the earnest money and additional earnest 41 escrow, the cost of which shall be shared equally between seller and Purchaser, oclients Ysi 42. mon.y such =fires nts collected funds and then promptly forward it to the)fisting REALTOR W to be held in his nli soon rust a Runt. P li glows the r 43. describad premises is to be deliverosses an of ed fo the purchaser on a before 44. will permit removal of tenonis,if any.Time is of the essence of this contact. This agreement is binding upon the heirs,ea elle s�'mhH therein nrec otatsignable withouthw nmhcon- 43. and seller.However,if under the terms of this agreamtt�purc)saser is being extended credit after Closing by the seller, pu 9 46, sent of the seller. YYff . 47. FOR 5PEClAL CONDITIONS SEE ATTACHED EXHIBIT - 45. Adder.=: 12995 S.W. Pacific 49. Listing gEALT OTto: SOLI Gflttf�e Realtors Phdne: 639-1111 Sam Dotter, Realtors 639-1111 � '' "1Adaress: Tigard, Oregon 97223 50 Selling REALTORm Phony sl. AGREEMENT TO PURCHASE Dae ��' �© 19-�-``-�-A�'I P.M. 32 1 hereby ogres to purchase the above described property in its present condition at the price and on the terms and conditions set arch above,and grant said GEALTOR�d 53. period of days hereafter to secure sellnr's acceptance hereof,during which period my offer shell no7 be subjM 7a revo:atiart. Decd or contract is to be Frit:-red in the 54. name of 55. 1 acknowledge receipt of a copy of the foreg / oing offer to hay and gamest money receipt blaring my signature and that of the REALTOR 56. PURCHASER HEREBY ACKNOWLEDGES RECEIPT OF A COPY HEREOF AND ACKNOWLEDGES THAT HE HAS NOT RECEIVED,OR RELIED UPON k�NY5�RITE)�LT MADE BY THE SELLER OR 57. HIS AGENT WHICH ARE NOT HEREIN EXPRESSED. / A �c �r`_ rf Sia. Address purchase. 1 V 59. Phone 638-3402 Pnrthaser. 60. AGREEMENT TO SELL Date 19 A.M. P.ie reement and agree to furnish o title insuranc 61_ 1 hereby approve and accept The sale of the above described property and the price and conditions os set forth ir. above ag 62. poed or contact. licy continued to date as aforesaid showing goad and marketable File, also the said de SELLER: 63. Address SEVER: 64. Phone 65. DELIVERY TO PURCHASER Dare T9 66. The undersigned purchaser acknowlecil receipt of the foregoing earnest money receipt bearing his signature and that of the$eller showing occeptome. PURCHASER: 67. PURCHASER :LLERS CLOSING INSTRUCTIONS 8h FEE AGREEME t7 q Dale /j Icor servio rseendered in this tramoction. 69. 1 agree fa pay to the above named REALTORS®a fee otncuntin,p 1e Lel yO, I authorize said REALTOROto order title Insurance of my expense d further authorize him to Fell out of the cash proceeds of sole the expenses of described t title insurance.,and r.t 71. carding fees,{f any,as well as any entumbrenees ors said premises PPayable by me at or before clos{n9. 1 instruct REALTORM to place the above described earnest money deposit 72. and selected additional earnest money in the depos{lory on lin N�vided: Ltstin REALTORO acknowledge receipt%Sellinof a gyREALTOR®Of this can" bearing my Xgna"u-re and in the everthof_of for- 73. purchaser named above,and of REAL ORM.If coop transaction 9 74. feature of the earnest money and additional earnest moray lass deductions as provided on reverse side hereof,the forfeited earnest money shall bodisbursed:Seller % 75, REALTOR'H s14fo the extent al REALTOR'S D 1e101 fee with res)doe to sailer. 76. RFJLLTOR® SELLER: 77. By SELLER: I _.. OREGON ASSOCIATION OF REALTORS`- ADDENDUM TO EARNEST MONEY CONTRACT aeacroa• EXHIBIT NO. A I.D. NO. IN REFERENCE TO THE FOREGOING AND ATTACHED EARNEST MONEY CONTRACT BETWEEN Bill Hoffee BUYER(S),AND City of Tigard SELLER(S), DATED October 9, 1980 FOR THE REAL PROPERTY KNOWN AS Lot #1 Pinebrook Terrace + THE BELOW SIGNED BUYER(S)AND SELLER(S) HEREBY AGREE TO THE FOLLOWING: Sale subject to City of Tigard allowing a variance for buyer to build 4 townhouse ty units on subject property, and issuance of building permits for said units. Sale subject to buyer cbta;n;ncr financing for which he alreadv has verbal approval Closing to be as soon as contingencies are removed Prope corners to be staked by seller. THIS AGREEMENT, WHEN SIGNED BY BOTH PARTIES, IS HEREBY MADE A PART OF THE FOREGOING EARNEST MONEY CONTRACT. DATE `� �� ! 9W nn DATE BUYER _. ER BUYER SEL'_ REALTOR'S COPY OFFICE REPRESENTATIVE DATE -• s •. Tan own T GN N D Upr, A WEEKLY NEWSLETTER VOLUME III ISSUE 3 APIRL 30, 1981 CLERK II JOINS STAFF Ann Gaylord has been selected out of 27 applicants to fill the Clerk !I- (Planning Department Secretary) position vacated by Viola Christensen. Ann has worked at Southeast Uplift and holds a B.S. in Sociology and certificates *in Social Work and Urban Planning. OPERATION S.W.E.A.T. About 15 high school students from the Tigard area will participate in OPERATION SWEAT (Student Work Effort Around Town) on Saturday, May 2. The City will provide a work station at Cook Park. The students will be removing tree limbs and trimmings recently cut from Cook Park. The students are members of Son City, 330 SW Murray Blvd. , Beaverton._ Students of Beaverton, Aloha, Sunset, Hillsboro, and Tigard High Schools are participating in work projects to raise money for camp scholarships and equipment. Sponsoring a student for a work day by pledging an hourly wage provides a needed service to our community. POLICE OFFICER CANDIDATES BEING SCREENED Background checks are being run on the top 10 applicants for the position of police officer. Of the 10 finalists, 2 applicants are women. 79 applications were received of which 44 passed the written examination. These applicants were then invited to the physical capability test and 35 passed this exam.. An oral board consisting of Sgt. Martin, Sgt. Branstetter, and Officer Gus Lehto of the Vancouver, Washington Police Department passed 20 applicants. Upon completion of the background checks, appointments will be made by Chief Adams. Two hires are anticipated by June 15. 2 APPEALS FILED ON DALE'S GLEN SUBDIVISION Appeals have been filed by Mrs. Mary Doll and Robbie Winsom regarding the Dale's Glen Subdivision on SW 94th. The issue will be considered at the June 2 meeting of the Planning Commission at 7:30 P.M. in Fowler Junior High. RECRUITMENT FOR LIBRARY POSITIONS Upon the resignation of Kathy Tremaine from her position as Library Assistant in the Children's Program, recruitment has started for a part-time Library Assistant- Children's Program and a part-time Assistant Librarian-Reference. Applications are being screene, nd an oral board will interview the top 5 candidates on Monday, May 11. Final selection will be made by City Librarian, Irene Ertell.