Loading...
City Council Packet - 07/11/1983 TIGARD CITY COUNCIL PUBLIC NOTICE: Anyone wishing to speak on an ich:CULAR MEETING AGENDA agenda item needs to sign on the appropriate JULY 11, 1983, 7:30 P.M. sign-up sheet(s). If no sheet is available, FOWLER JUNIOR HIGH SCHOOL ask to be recognized by the Chair. Non-agenda LECTURE ROOM items are asked to be kept to 2 minutes or less and are heard at the discretion of the Chair. 1. REGULAR MEETING: 1.1 Call To Order and Roll Call 1.2 Pledge of Allegiance 1.3 Call To Staff, Council b Audience For Non-Agenda Items Under Open Agenda 2. CONSENT AGENDA: These items are considered to be routine and may be enacted in one motion without separate discussion. Anyone may request that an item be removed by motion for discussion and separate action. Motion to: 2.1 Receive Expenditures and Investments Report 2.2 Approve Street Dedication Paul & Barbara Amens Tigardville Heights - $785.00 2.3 Approve Subdivision Compliance Agreement 6 Performance Bond - London Square 2.4 Receive and File: o Memo re: Attorney Bill o TCYS Monthly Report 2.5 Approve Initiation of SW 66th Avenue Street Vacation Petition 2.6 Approve Board and Committee Appointments 2.7 Approve Council Meeting Minutes: June 13 S 20, 1983 3. ASH-PACIFIC LID #38 - Tabled from 5/23/83 meeting o City Adu_.nistrator 4. ORDINANCE NO. 83-34 AN ORDINANCE AMENDING ORDINANCE NO. 82-32, REGULATING THE USE OF ALARM SYSTEMS; DECLARING AN EMERGENCY AND FIXING AN .:FFECTIVE DATE. o Chief of Police 5. STORM DRAINAGE ORDINANCE AMENDMENT - ORDINANCE NO. 83- 0 Finance Director 6. SEWER ORDINANCE REVISION - ORDINANCE NO. 83- o Finance Director RECESS COUNCIL MEETING 7. T.U.R.A. MEETING 7.1 Call To Order and Roll Call 7.2 Presentation of TURA Consultant Report 7.3 Other Business 7.4 Adjourn TURA Meeting RECONVENE REGULAR COUNCIL MEETING S. PORTLAND CHAIN REQUEST FOR COMPREHENSIVE PLAN AMENDMENT & FEE WAIVER o Director of Planning & Development v i 9. OPEN AGENDA: Consideration of Non-Agenda Items identified to the Chair under 1.2 will be discussed at this time. All persons are encouraged to m contact the City Administrator prior to the meeting. 10 EXECUTIVE SESSION: Per ORS 192.660 (1)(f) b (1)(e) to consider issues relating to litigation and land acquisition. 11. ADJOURNMENT COUNCIL AGENDA - JULY 11, 1983 (lw/O316A) I TIGARD CITY COUNCIL REGULAR MEETING MINUTES - JULY 11, 1983 - 7:30 P.M. } E 1. ROLL CALL: Present: Mayor Wilbur Bishop; Councilors: Tom Brian (arriving at 7:45 P.M.) , John Cook, Kenneth Scheckla and Ima Scott; City Staff: Doris Hartig, City Recorder; Bob Jean, City Administrator (arriving at 8:30 P.M. ) ; Bill Monahan, Director of Planning & Development; Ed Sullivan, Legal Counsel and Jerri Widner, Finance Director. k 2. CALL TO STAFF, COUNCIL & AUDIENCE FOR NON-AGENDA ITEMS UNDER OPEN AGENDA COUNCILOR BRIAN ARRIVED: 7:45 P.M. z o City Recorder requested Council call special meetings for July 18 and August 15, 1983. She also noted additional material distributed for e consideration under the consent agenda. o Councilor Brian requested the Washington County Transportation R Committee be discussed under open agenda. o Mayor Bishop added Report of Selection Committee recommendation under open agenda. o Councilor Scott requested discussion of the vote by mail issue and Right to Vote Committee under open agenda. o Mrs. Geraldine Ball, representing herself and DJB Inc. of 11515 SW t 91st Avenue, Tigard, spoke to Council regarding consent agenda item of SW 66th Avenue Street Vacation petition and noted she objected to the survey map used as an exhibit. o Councilor Scott requested item 2.4 (a) Memo re Attorney Bill, be removed from the consent agenda for discussion. 3. RECEIVE EXPENDITURES AND INVESTMENTS REPORT (a) Motion by Councilor Cook, seconded by Councilor Brian to receive report. Motion approved by unanimous vote of Council. 4. APPROVE STREET DEDICATION PAUL. & BARBARA AMENS TIGARDVILLE HEIGHTS - $785. (a) Motion by Councilor Cook, seconded by Councilor Brian to approve. Approved by unanimous vote of Council. 5. APPROVE SUBDIVISION COMPLIANCE AGREEMENT & PERFORMANCE BOND - London Square. (a) Motion by Councilor Cook, seconded by Councilor Brian to approve. Approved by unanimous vote of Council. 6. RECEIVE AND FILE - TCYS Monthly Report (a) Motion by Councilor Cook, seconded by Councilor Brian to receive and file. Approved by unanimous vote of Council. 7. RESOLUTION NO. 83-61 A RESOLUTION CONCERNING VACATION OF A PORTION OF SW 66TH AVENUE A DEDICATED PUBLIC RIGHT-OF-WAY IN THE CITY OF TIGARD, WASHINGTON COUNTY, OREGON. (a) Motion by Councilor Cook, seconded by Councilor Brian to approve. Approved by unanimous vote of Council. 8. RESOLUTION NO. 83-62 [A,PRESOLUTIN OF POINTMENTO TO THE THE GARD LIBRARY TCOUNCIL MAKING BOARD. (a) Reappointment of Richard Bendixsen for term expiring 6/30/87. (b) Motion by Councilor Cook, seconded by Councilor Brian to approve. Approved by unanimous vote of Council. 9. RESOLUTION NO. 83-63 APOINTMEN SRESOLUTION OF H TO THE IGARD PLANNING COMMISSIONE TIGARD CITY COUNCIL . (a) Appointment of Deane Leverett for term expiring 7/1/87- (b) Appointment of John Butler for term expiring 7/1/87. (c) Motion by Councilor Cook, seconded by Councilor Brian to approve. Approved by unanimous vote of Council. 10. APPROVE COUNCIL MEETING MINUTES: June 13 and 20, 1983 (a) Motion by Councilor Cook, seconded by Councilor Brian to approve. Approved by unanimous vote of Council. 11. RECEIVE AND FILE -- CITY ATTORNEY BILL (a) Councilor Scott inquired as to specific items stated in the billing. City Attorney responded regarding their office procedures and charges. PAGE 2 - COUNCIL MINUTES - JULY 11, 1983 (b) Motion by Councilor Cook, seconded by Councilor Brian to accept City Attorney report. Approved by unanimous vote of Council. 12. ASH/PACIFIC LID #38 - Tabled from 5/23/83 meeting o Council discussed proper proceedings to remove item from the table. (a) Councilor Scott moved to terminate the proceedings on the Ash/Pacific LID as of this date, motion seconded by Councilor Scheckla. o City Attorney noted Council has the options of acting favorable, disapprove or to continue the hearing to a time certain. o Councilor Brian spoke to the issue of keeping the LID open so the City may recover some of the engineering costs. Mayor Bishop agreed with Councilor Brian's concerns. Councilor Cook was of the opinion the costs may still be recovered if the project comes up again. It was estimated $4000 had been spent on engineering to date. o J.B. Bishop, major property owner in the LID, requested Council continue the issue until after the L.I.D. policy discussion is heard and the filing of his reorganization plan. He also commented one document is missing from the information distributed previously by Councilor Scott. (b) RESOLUTION NO. 83-47 A RESOLUTION OF THE TIGARD CITY COUNCIL MAKING FINDINGS AND DECLINING TO PROCEED WITH LID #38. (c) Motion by Councilor Scott, seconded by Councilor Scheckla to amend motion to terminate the proceedings on the Ash/Pacific LID and adopt Resolution No. 83-47. Motion approved by 4-1 vote of Council with Councilor Brian voting NAY. o Mayor Bishop commented he voted for the Resolution but might ask for reconsideration if necessary. 13. WASHINGTON COUNTY COMMISSIONER LUCILLE WARREN (a) Mayor Bishop introduced Commissioner Warren who reported the new County Administrator started work today and asked if there were any questions by Council. No requests submitted by Council. 14. ORDINANCE NO. 83-34 AN ORDINANCE AMENDING ORDINANCE 83-32, REGULATING THE USE OF ALARM SYSTEMS; DECLARING AN EMERGENCY AND FIXING AN EFFECTIVE DATE. (a) Second reading of Ordinance. PAGE 3 - COUNCIL MINUTES - JULY 11, 1983 (b) Motion by Councilor Brian, seconded by Councilor Scheckla to adopt. r e Discussion by Council and Chief of Police regarding amendments to the Ordinance clarifying the interpretation of the language and increasing fees. o Mayor Bishop read a petition containing 10 names of members in the audience who oppose the passage of section one, subsection (e)3 regarding the increase of fees for the special user's permit and section 2 regarding the reduction of false alarms allowed between revoked user's permits. (c) Motion to adopt Ordinance 83-34 was approved by 3-2 vote of Council with Councilors Cook and Scott voting NAY. o Councilor Cook called attention to section 3 of Ordinance which requires Council review one year from date. CITY ADMINISTRATOR JEAN ARRIVED: 8:30 P.M. 15. ORDINANCE NO. 83-35 AN ORDINANCE AMENDING ORDINANCE NO. 82-71. (a) Motion to adopt, by Councilor Cook, seconded by Councilor Scott. o Finance Director noted this was a housekeeping item to correct the mis-identification of a fund. Motion approved by unanimous vote of Council. 16. ORDINANCE NO. 83-36 AN ORDINANCE PROVIDING PROCEDURES FOR COLLECTION OF SEWER USER CHARGES, IDENTIFYING THOSE RESPONSIBLE FOR PAYMENT AND DECLARING AN EMERGENCY. (a) Motion by Councilor Cook, seconded by Councilor Scott to adopt. o Finance Director referred to memo stating the Ordinance puts into formal policy past City practices. Motion approved by unanimous vote of Council. COUNCIL RECESSED 8:40 P.M. and RECONVENED AS TURA BOARD 17. ROLL CALL: Chairman Wilbur Bishop, Board Members Tom Brian, John Cook, Ken Scheckla and Ima Scott. o Lyle Stewart, Consultant, reviewed his working paper No. Seven with Council, noting the proposed TURA plan is not clear. Working paper No. 7 lists project public improvements, their costs at 1983 dollars and funding sources. He noted that $3,606,850 1983 tax increment dollars will be required to implement all project improvements listed on Table 25. Starting work in Fiscal Year 1984-85 and inflating the remaining work at 7% annually none of the growth/income scenarios will produce sufficient tax increment proceeds to complete the work before reaching the maximum $52680,000 tax increment sum allowed. PAGE 4 - COUNCIL MINUTES - JULY 11, 1983 { o Planning Director Bill Monahan referred to the TURA Advisory Committee recommendation of projects that should be included in the list of project activities. He noted modifications to the recommended projects by adding item 15. Off-street Parking: Total cost $1,075,000, Tax Increment proceeds $215,000, Other Sources $860,000. Item 3 Connector Street from Commercial to Burnham Total Figure $550,000, Tax Increment proceeds $275,000, Other Sources $275,000. He reported this was a modified figure from the consultant's report. Council and staff discussed the concern to connect Ash Street from Burnham to Commercial. Councilor Brian reviewed history and Council decision since they did not have the funds to proceed with the project. Council discussed other specific projects and elements of funding. o Ralph Appleman, member of TURA Advisory Board, reported to Council the Board was sticking to items on the original list. They had not completed an evaluation on items to be deleted. S o City Administrator commented staff was proceeding at Council request to bring the item for review before the September deadline. He suggested tabling the item to July 25 and allow staff, Council and Advisory Committee time to work on the recommended projects, listing them in priority order, based on two criteria: (1) those projects which dramatically enhance the tax increment thrust and (2) those on LID participation or other funding sources. (a) Motion by Councilor Brian to refer back to Advisory Committee with assistance of Consultant, staff and board members, for review of projects, prioritizing and report back on July 25, 1983 meeting. Motion seconded by Councilor Cook. o Councilor Brian added the Committee should consider the time frame and provide the information on the report. Motion approved by 4-1 vote of Council with Councilor Scott voting It NAY. I TURA ADJOURNED 9:37 P.M. and RECONVENED AS CITY COUNCIL 18. PORTLAND CHAIN REQUEST FOR COMPREHENSIVE PLAN AMENDMENT & FEE WAIVER t (a) Planning Director Monahan noted his memo summarizing the past history and developments on this property. He recommended no action at this time given the status of the comprehensive plan, and the number of applications now being processed. o Michael McKenna, representing Simm Co. Properties, referred to his letter and spoke to the zoning designation and the fact they had a € buyer for the property. Waiting until the October application submittal would cause harm to the sale. o Council, McKenna and staff discussed the issue. The City Administrator point out Council has 3 alternatives: (1) grant the request, waive the fee; (2) deny the request and allow the matter to proceed under normal process; (3) go ahead with the time line extension but not the fee waiver and try to handle the matter. PAGE 5 - COUNCIL MINUTES - JULY 11, 1983 (b) Motion by Councilor Cook, seconded by Councilor Brian to waive the time line but not the fee. Motion approved by unanimous vote of Council. 19. OPEN AGENDA: Consideration of Non-Agenda Items identified to the Chair under item 1.3 were discussed at this time. 19.1 CALL SPECIAL CITY COUNCIL MEETING: July 18 and August 15, 1983 (a) Council and staff discussed the purpose of the meeting with Councilor Scott requesting a tape be made of the sessions and the City Recorder be in attendance to take notes. Discussion centered around if the City Attorney should attend the session regarding the discussion of Council rules workshop. It was suggested Council members submit specific questions to Attorney ahead of time and then come back later and have him review their recommendations. Consensus of Council was that Attorney should not attend session regarding Council rules, and that City Recorder attend the session and record proceedings. 19.2 WASHINGTON COUNTY TRANSPORTATION COMMITTEE (a) Councilor Brian discussed the impact of des ioonating in the Metro Regional Transportation Plan the Murray Road, Durham Road and Norwood By-pass interchanges. He noted the Norwood interchange over to 99W was not included and suggested it be shown with the same status as the other alternatives. He suggested the Mayor write a letter to Metro requesting the transportation plan be amended to show a Norwood interchange on the 99W corridor study. Consensus of Council was to approve writing the letter. 19.3 APPOINTMENT OF PLANNING MEMBER (a) Mayor reported the Selection Committee recommended two parties for appointment for the term expiring July 1, 1984. Selection Committee is submitting names of Mark S. Zimel and Brent F. Bishop. Copies of the application will be submitted for Council review and recommendation to be considered at the July 18, 1983 meeting. 19.4 RIGHT TO VOTE - MAIL BALLOT (a) Councilor Scott spoke to the Washington County meeting regarding vote by mail issue for the September 20, 1983 election. She wished to set the record straight she was not a member of the Right to Vote Committee, however, she has attended their meeting. COUNCIL RECESSED 10:10 P.M. PAGE 6 - COUNCIL MINUTES - JULY 11, 1983 20. COUNCIL 14ENT INTO EXECUTIVE SESSION 10:25 P.M. under ORS ' 192.660(1)(f) and (1)(e) to consider issues relating to litigation and land acquisition. 21. MEETING ADJOURNED 12:15 A.M. City Recorder ATTEST: Mayor (0398A) PAGE 7 - COUNCIL MINUTES - JULY 11, 1983 TIMES PUBLISHING COMPANY Plat cle 7-6137 P.O.BOX 370 PHONE(503)684-036( BEAVERTON.OREGON 97075 1 Legal Notice Advertising e Q Tearsheet Notice w City of Tigard a 0 Duplicate Affidavit ep.O. Box 23397 Tigard, Oregon 97223 e AFFIDAVIT OF PUBLICATION STATE OF OREGON, ass COUNTY OF WASHINGTON, 1, Susan Pinkley being first duly sworn, depose and say that I am the Advertising Director, or his principal clerk, of the Tictar� n R a newspaper of general circ l4 i oras defined in ORS 193�Ohe and 193.020; published a aforesaid county and state; that the Lecfa1 Notice a printed copy of which is hereto annexed, was published the entire issue of said newspaper for i successive and consecutive in the following issues: july 7 1983 �r. Subscribed ands n to before me this U 3 1983 Notary Public for on my C_mmission Expire' 3/16/87 "_ '_LEGAL 'lClk ti flten;> ~ ed fbi'yoi r:uta AF�iDA�o-� 1`lae. etaaa�selctafl . ]Fk173k iatdsmatiaa and x111 d �3;1> �Sraul;t)ate f it$?`R� i E2T55 S .A ue,TlWd,fhe�97223,or'by Ca X38 I71� 7, CI' Y'Q;4�3ASt`8,.a. 00 R��GIJII�T�IN i&,1€183:'T:3i1P.Fl[:. }q [:.p�Qtt�S 3'��P�tB;V�FyII.Y�ii�€f'yT Td+L`afk tiItL�'"�O�t {j �' •AE3»;;PaCi•`1C.I,t� OWI. ObA 081k,Dv i Da to July 11, 1983 I . i i T wish to testify before the Tigard City Council on the following item: (Please print your name) _._ l.3,,ALL, TO AUDI�CE FOR `NON-AGEND3� t Name, Address & Affiliation Item Description e-rn o v z F -21 e S T, !'a VA WE, THE UNDERSIGNED , DO HEREBY OPPOSE THE PASSAGE OF SECTION ONE SUB- SECTION (e) , 3 REGARDING THE INCREASE OF FEES FOR THE SPECIAL USER' S PERMIT AND SECTION TWO REGARDING THE REDUCTION OF FALSE ALARMS ALLOWED BETWEEN REVOKED USER' S PERMITS . COMPANY NAME AND ADDRESS : NAME: vc U a S MEMORANDUM July 7, 1983 TO: Mayor and City Council FROM: Loreen Wilson, Office Manager SUBJECT: Agenda Item #2.1 Due to year-end closing, and attempting to avoid overtime costs in the Accounting Division, the Expenditures and Investments ReFort will be hand-carried to the Council on Monday evening. (lw/0333A) PAGE 1 — COUNCIL MINUTES — JUNE 20, 1983 { EXPENDITURE & INVESTMENTS REPORT June 302 1983 PROGRAM BUDGET Community Services 1. 1 Po l i c e 29,561 .41 4,526.---- 88 1.2 Finance & Records - 1.3 Municipal Court 328.77 1.4 Library 1 ,523.35 1.5 Social Services 1 ,370.00 37,310.41 Total Community Services Community Development 2.1 Public Works 25,076. 18 2.2 planning & Development 3,497.29 28,573.27 Total Community Development Policy & Administration 3.1 Mayor & Council 952.00 ,.2 Administration 1 ,222.03 Total Policy & Administration 2, 174.03 City Wide Support Functions 5,523.96 4.1 Non-departmental Misc. Account (refunds & payroll deductions, etc. ) 33,516.62 Investments DEBT SERVICE 12,677 .06 5. Bancroft Bond & LID Expenses UNIFIED SEWERAGE AGENCY 59 215.55 Contract TOTAL AMOUNT OF CHECKS WRITTEN 178,991 . 10 CITY OF TIGARD. OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: July 11, 1983 AGENDA ITEM 4: DATE SUBMITTED: July 6, 1983 PREVIOUS ACTION: None ISSUE/AGENDA TITLE: Right-of-Way REQUESTED BY: Frank Currie Acquisition Public Works Director CITY ADMINISTRATOR: DEPARTMENT HEAD OK: --=------------ INFORMATION SUMMARY Attached is a Street Dedication for a parcel of land on McDonald Avenue. The cost of this dedication is $785.00. saaaas:asa:azzz saacsaazazaasaaazsss¢zaaaaasza—aacaaaa= aaca sca=saa==a=sazc=sssssaas a ALTERNATIVES CONSIDERED Reject this dedication. z alas<a a<aa aa<a<a<s asza K:a s z s as az zszz====_ SUGGESTED ACTION ,1 Staff recommends Council accept the Street Dedication for recording and authorize the Mayor and City Recorder to sign the acceptance. STREET DEDICATION KNOW ALL MEN BY THESE PRESENTS, that Paul P.. & Barbara J. Amens hereinafter called grantor(s), for the sum of $ grant and dedicate to the Public a perpetual right-of-way for street, oad and utility purposes on, over, across, under, along and within the following described real property in Washington County, Oregon: See Attached Exhibit A To have and to hold the above-described and dedicated rights unto the Public for the uses and purposes hereinabove stated. The grantor(s) hereby covenants that he (she) (they) is (are) the owner(s) in fee simple and have good and legal right to grant his (her) (their) rights above-described. IN WITNESS WHEREOF, the grantor(s) has (have) hereunto set his (her) (their) hand(s) and (s) this 2-3 day of�JLL ri c— 11998. (SEAL) (SEAL) (SEAL) (SEAL) STATE OF OREGON ) ss. COUNTY OF WASHINGTON) BE IT REMEMBERED, that on this .23 day of 1gs-3, before me the undersigned No Public in and the State of Oregon personally appeared the within-named ,Tazwer r.Ai 5 Ct-z'eW ���'hQ'�g til A w%-<&'t 3 who is (are) known to me to be the identical individual(s) described in and who executed the within instrument and acknowledged to me that he (she) (they) executed the same freely and voluntarily. N TESTIMONY WHEREOF, I have hereunto set my hand and seal this a day of 19 fj . Mary ublic or My Commission expires: S/ Approved as to form this day of 19 By: City Attorney City of igar Approved as to legal description this �3 day of Approved this day of 19 CITY COUNCIL, CITY OF TIGARD, OREGON By: LEGAL DESCRIPTION FOR STREET RIGHT-OF-WAY DEDICATION PURPOSES "EXHIBIT A" A strip of land located in the N.W. 4 of Section 11 and the S.W. ; of Section 2,, T.2 S. , R. 1 W. , W.N. , City of Tigard, Washington County, Oregon, being more particularly described as follows: Beginning at the S,E. corner of the George Richardson Donation Land Claim No. 38, said corner being also the N.W. corner of Lot 26, TIGARDVILLE HEIGHTS, a recorded plat, thence, on the west line of said Lot 26 S 000 45' 11" W 30.01 feet; thence on a line parallel with and 30 feet from (when measured at right angles) the centerline of S.W. McDonald Street (County Road 430) S 88' 19' 11" E 80.00 feet, thence on a 20 foot radius curve to the right (the long chord of which bears S 430 51' 22" E 28.51 feet) 31.74 feet to its point of tangentry with the east line of that tract of land conveyed to Paul R. Amens and Barbara J. Amens, husband & wife, as recorded in document No. 78-049728, Washington County deed records; thence on said east line N 000 45" 11" E 50.01 feet to the centerline !` of S.W. McDonald Street; thence on said centerline N 880 19' 11" W 100.00 feet to the point of beginning. (Refer to C.S. 20,178) r AmsoS TRF.�T �tc�TlaF6� /Q��A, SEE MAP \\ S E. CORNER �.J 2 S I 2CD \)� GEO. RICH IROSON rr� ( X D.L.C. No. 30 J 1 \ SOUTH LINE GEORGE RICHAROS ON O.L C. No. 90 .DOHA ....•r/i%/. -:%///� / .: /./,;:Yi%iii-'. % / ✓��/�/.Y�v. %//1�ii Vii.vi�4<„i i/�.%i�:� . /�iQtY:•.,,./,.,./.v�i�;/v v...%fy%�ll�i�'�� — - 69.5430"E N • 116.29 1 94 94 I .90 C� B3.91 Boa 600 803 804 700 W 1 500 400 .36 4c. ; 33i c. _; 3S Ac. /.42 Ac. SO2' o I 1 .56zC. 56 Ac o .23 4 c. ^I ^ n m 0 C a oa o m � o - o $ N 09052'w 100 _ O I O 1 12 600 I I 0 O' N 090% 30-W 1 3.28 AC. 1 n, 110.34 94 94 306.94806 I N r� V 01 W W I N 09056,30`W �. 307.59 .�� 1 1 09.91 64 3' 80r Ivas I .73 a- 1000 6 I 1000 I �y c I 1 2.90 4c. 1 1 300.04 I N 090 *30 W I I 02 ; .73 4c. 1 4 901 1 24 i c Q 99 Ac N 310-09 01 80 p 71 S6Ac. m I t 57 Ac. k601 1 - 0 m 1 _ r1 b I b ow INITIAL POINT by I I 1 INGEOR AN0 HEIGHT 312.12 1 15604 2190 7 35 10.40 185 05}�E - 1 86.25 N 09053 W S 09 --- --� 1900 1903 11301 1800 900 _ 1.16 4c. W 8/ Ac. ; O `g 01 o ./ 3 02 4 O 10 N O Z l N ev053'w I .� --- �' CITY OF TIGARD, OREGON i COUNCIL AGENDA ITEM SUMMARY AGENDA OF: July 11, 1983 AGENDA ITEM N: ,�� DATE SUBMITTED: July 6, 1983 PREVIOUS ACTION: None ISSUE/AGENDA TITLE: Subdivision Compliance Agreement & Subdivision REQUESTED BY: Frank Currie Performance Bond for London Square II Public Works Director DEPARTMENT HEAD OK: CITY ADMINISTRATOR: INFORMATION SUMMARY Project plan check has been completed. Agreement and Bond have been signed. All fees have been paid. r i i i t t 2 ALTERNATIVES CONSIDERED Reject Agreement and Bond e F 5 SUGGESTED ACTION It is recommended that the Council accept the Agreement and Bond for London Square II SUBDIVISION COMPLIANCE AGREEMENT THIS AGREEMENT dated the _ day of 19 83 between the CITY OF TIGARD, a municipality of Oregon, hereinafter termed the "City", and Bill Page .Construction, Inc. hereinafter termed "Petitioner". W I T N E S S E T H WHEREAS, Petitioner has applied to the City for approval for filing in Washington County, a subdivision plat known as LONDON SQUARE II in Section Town-,hip lSe..KRannge /tuts T' Willamette Meridian, Washington County, Oregon; and WHEREAS, the City has approved and adopted the standard specifications for Public Works construction by APWA Oregon Chapter and the Unified Sewerage specifications for the sanitary sewers prepared by professional engineers for i subdivision development; and WHEREAS, the public improvements required to be constructed or placed in Petitioner's development are incomplete, but Petitioner has nonetheless requested the City to permit progressive occupancy and use of property in the subdivision, and the parties desire hereby to protect the public interest generally and prospective purchasers of lots in said subdivision by legally enforceable assurances that the public improvements will be installed as �. required and completed within the time hereinafter set forth. NOW, THEREFORE, in consideration of the foregoing premises and the covenants and agreements to be kept and performed by the Petitioner and its sureties, IT IS HEREBY AGREED AS FOLLOWS: (1) Petitioner shall proceed with the development, with the intent and purpose to complete all public improvements except sidewalks and street trees of said subdivision not later than two (2) years from the date of this agreement, and Petitioner is hereby bound to comply with all subdivision standards as set forth in said Subdivision Ordinance and the standard specification adopted by the City of Tigard, or as may be otherwise approved by the Public Works Department and to use only such material and to follow such designs as may be required to conform thereto. (2) To assure compliance with the City's requirements and the provisions hereof, Petitioner tenders herewith to the City a surety bond in form approved by the City, with liability in the amount of $ 61, 580-00 a copy whereof hereto attached and by this reference made a part hereof. (3) In the event that Petitioner shall fail, neglect or refuse to proceed with the work in an orderly and progressive manner to assure completion within the time limits, upon ten (10) days notice by the City to Petitioner and Petitioner's sureties, and such default and failure to proceed continuing ( thereafter, the City may at its option proceed to have the work completed and i charge the costs thereof against Petitioner and Petitioner's sureties and in the event same be not paid, to bring an action on the said bond to recover the amount thereof. In the evert such action be brought, Petitioner and r ( Petitioner's sureties promise and agree to pay, in addition to the amounts accruing and allowable, such sum as the court shall adjudge reasonable as nd attorney 's fees and costs incurred by the City, both tion n the Trial Court ato Appellate Court, if any, or the City may, at its op g proceedings enforce against the Petitioner and/or Petitioner's sureties specific the subdivision performance of the contract and compliance with sion standards and ordinances of the City of Tigard, and in such event, in like manner, the City shall be entitled to recover such sum as the court shall adjudge reasonable as and for the City's attorney's fees and costs, both in the Trial Court and Appellate Court, i any. (4) Petitioner, concurrent with the execution hereof, has deposited with the City an amount estimated to equal rental and maintenance fees with respect to the street lighting facilities within they �subdivision, .ac oa dfurtherng o Portland General Electric Schedule #91, Option Btogether sum equal to the estimated cost of providing electrical energy to energize the street lighting facilities for a period of two (2) years from the date of initial energizing of said lights. Said amount being $ 105.12 (5) The City agrees to make and provide periodic and final inspections o assure compliance which inthe City'sat on whereof ther rpetitioner has paid prescribed inspections� f est � in nteest are desirable * consider (6) The City agrees to install street identification and traffic signs within the said subdivision, in consideration of payment in the amount of $ 51.95 (7) At such time as all public improvements except sidewalks and street een completed in accordance with the City's trees within the subdivision have b requirements, Petitioner shall notify the City of the readiness for inspection and upon certification by the Department of Public Works that the requirements of the City have been met, the Petiticcer will submit to the City a good and sufficient maintenance bond if not already provided with the performance f $12�316.00 provide for form approved by the City, in the sum o correction of any defective work or maintenance becoming apparent or arising within one (1) year after tentative acceptance of the public improvements by the City. Upon receipt of certification by the Department of Public Works, that all requirements have been met, and a One Year Maintenance Bond, the City Council agrees to tentatively accept the public improvements subject to the requirements for correction of deficiencies and maintenance for a period of one year as hereinabove set forth. (8) That in addition to or supplementary of the requirements of the City's Subdivision Oprovisions hereof, self too co form to the followg requirements, schedulingandetitilimitations: itself *Project Fee 1902.20 Sewer Fee $ 330 00 -2- (a) None of the lots of Petitioner's subdivision as describes' may be occupied for residential purposes until an occupancy permit is issued under authority of the City and no occupancy permit shall be issued prior to the acceptance of the subdivision and to the time that the sidewalk paralleling the street for each developed lot proposed to be occupied, is installed as a part of the development; provided that all sidewalks as required by the plans and subdivision code shall be installed throughout said subdivision not later than 3 years from the date of this Subdivision Improvement Contract. (b) All landscaping trees on that portion of each lot between the public sidewalks and the curb (parking area) as required, shall be planted and in place prior to final inspection and issuance of occupancy permit for each such lot in the subdivision. Provided that final inspection and applicant for occupancy permit occurs within any calendar month from October to April of any year, such plantings may be deferred until the next following growing season. In any event, all landscaping and trees in all areas shall be planted and in place within the entire subdivision within three (3) years from the date of this subdivision improvement contract. (c) After tentative City acceptance of the public improvements, the Petitioner agrees to place a one (1) inch asphaltic concrete Class "C" overlay on all roads within the development; placement scheduling to be approved by the City. (d) Compliance with all terms and provisions specified theretofor said subdivision development by the Council and the Planning Commission of the City of Tigard, Oregon, in regard to variances allowed from the subdivision ordinance, conditions specified by the zone use classification and, also, on the approved plat(s) and plans(s). (e) Petitioner agrees to provide for correction of any defective work and/'or maintenance becoming apparent or arising during the guarantee period as hereinabove set forth. (9) At such time as all public improvements have been completed in accordance with the City's requirements, Petitioner shall notify the City of the readiness for final inspection and upon certification by the Department of Public Works that all requirements of the City have been met, the Council agrees to accept said improvements for operation and maintenance responsibility, thereinregard, and release the Petitioner's guarantee bond. (10) The parties hereto hereby adopt, the form of performance bond, copy whereof is hereto attached and by reference made a part hereof, and Petitioner agrees to cause to have said bond executed and files: with the City concurrently with the execution of this agreement at or prior to the time this agreement is executed on behalf of the City. (11) The specific requirements of Paragraph 9 hereof shall for all purposes be included as a part of the obligation secured by the aforesaid performance bond and the City shall be entitled to recourse thereto in the event of default on the part of the Petitioner with respect to any requirement thereof. -3- t IN WITNESS WHEREOF, Petitioner acting by and through its duly authorized undersigned officers pursuant to resolution of its Board of Directors has caused this agreement to be executed, and the City acting pursuant to resolution of its Council adopted at a meeting thereof fcausedand thisegularly agreemente ld 19 to on the day of be executed by its Mayor and Recorder. By: By: THE CITY OF TIGARD, OREGON By: Mayor t F i By: Recorder t i l e f t i -4- STATL: ()F URL.*GUN l ) ss . County of _ Yamhill ) On this 30th _ day of June , 1983 fore me appeared Jim Page and both to me personally known, w o eing duly sworn, aid say t at e, t o sai is the Vice President, and he, the said is the Secretary of BILL PAGE COti:i'PRUCTIOD'. INC. the within named Corporation, and that the seal affixed to said instrument is the corporate seal of said Corporation, and that the said instrument was signed and sealed in behalf of said Corporation by authority of its Board of -Directors, and and acknowledged said instrument to e —the free act and deed of said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal the day and yeo last abov written. Notary_ ub is �Or . MyCommission expires 9-25--86 STATE OF OREGON ) ss. County of ) On this day of _ _�: 19__, before me appeared and -- —' both to •ne personally known who, being duly sworn, slid say that he, the said, ___-__ -. is the Mayor, and she, the said is the Recorder of the CITY OF TIGARD, a municipal corporation and the said and acknowledged the said instru-ment to be the free act and deed of said municipal corporati, :.. I have hereunto set my hand and affixed my official seal , this day and year in this my certificate first written. Notary Public for Oregon My Commission FYl, res: t SUBDIVISION PERFORMANCE BOND Bond No. 360992 E KNOW ALL MEN BY THESE PRESENTS, that we ,Dill P.�e C.°ngtruction, Inc a5 no p8 , an SURETY INSURANCE COMPANY OF CALIFORNIA a corporation duly au or zs o conaruc3ointlyeand severallyra sheldness in the State of Oregon, as Surety, ali of the State bound unto the City of Tigard, Oregon a municipality { the Obligee, in the sum of $ 612580.00 of Oregon, hereinafter called lawful tes of America, for the paymen money of the United Sta we, — whic ty P joi sveral bindhourselvess, ourpsuccessors and eassignsnfirmlydbye these 1present. THE CONDITIONS OF THIS BOND AND OBLIGATION IS SUCH, that the Principals are platting LONDON .S I DARE II subdivision located in the C o gar , eg on, an en er ng into a subdivision compliance agree nt with the Obligee herein, and upon acceptance of said plat and compliance agreement, the Principals shall make all improvements required by the City of Tigard, Ordinances and Subdivision Compliance agreement documents as described in said compliance agreement all of which are, by reference, made a part hereof, NOW, THEREFORE, if the Principal herein shall faithfully and truly observe and comply with the terms of the agreement and shall well and truly perform all matters and things undertaken to be performed under said agreement and shall promptly make the pay 4 ments to all persons supplying labor or material for any lien or work provided by said agreement, and shall not permit any this claim to be filed or prosecutioned against the Obligee, obligation shall be void, otherwise to remain in full force and effect. In the event of suit or action be filed by the Obligee hereunder to enforce said contract or to recover under the terms of this bond, in addition to all other rights and remedies here- ven it nttle todrecoverCsuch sums ity, in hasethe tshall Courtmay prevail,� djudgereasonable easiandd for attorney's fees. IN WITNESS WHEREOF, the parties hereto have caused this bond to be executed this 301x day of ruNF ' 19-Ba'. (seal) BILL PAGE CONSTRUCTION INC. By: name o co or on By: (seal) By: es en By: By: ecre ary (Corporation acknowledgement of SURETY INSURANCE COMPANY OF CALIFORNIA corporate principal and a true copy -3f the Power of Attorney must be attached to the original 4LJet� of this bond.) Corney- n- a Form No. 1971 - 1 A STATE OF OREGON ) )ss. 8 County o£ -y1-umhill ) On this 30th day of June ,19 and before me appeared Jim Page both to me personally nown, who being duly sworn, uDl say t at e, t o sai Jim P„ge is the vice President, and he, the said is the Secretary of Bill Pa a construction Inc. the within named Corporation, and that the sea1 instrument is the corporate seal of said Corporation, and that the said instrument was signed and sealed in behalf of said Corporation by authority of its Board of and Directors, and acknowledged said instrument_ to e t e ree act ar_ ee o sax Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal the day and year last above written. Jt'- y Pub is or regon. My ommission expires -25 a6 ACCEPTANCE The City above named hereby accepts the foregoing grants and agrees to comply with each and every term and condition thereof. CITY OF TIGARD By: Mayor - By: City Recorder STATE OF OREGON ) )ss. County of ) On this day of , 196_, before me the appeared and ' both to me personally known w o'isethe Mayorsworn,and hdi tsayhe sthat e , said aid IS t e Recorder of the CITY OF TIGARD, a municipal corporation, and the said and the free act and acknowledged the said instrument to be deed of said municipal corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal, this the day and year in this my certificate first written. Notary Public for Oregon My Commission expires page 3 Easement surety Jassera ace Company 01 California "The Dollars and Sense Surety" HOME OFFICE IN LA IIADF-44 CALIFORNIA ]Box 2430 La Habra,Oallforssia 90831 CERTIFIED COPY OF POWER OF ATTORNEY 2931 ,// Nom................................. Meow ail"ten 8,y E4ese presentat That Surety Insurance Company of California, a California Corporation,hav- ing its principal Office in the City of La Habra,County of Orange, State of California, pursuant to the following Sy-Lawa which were adopted by the Directors of the eaid Company on the 9th day of April, 1969 and are now in effect, to-wit: Article rV, Section T(b). The President shall have power and authority to appoint Attorneys-In-Fact, and authorize them to execute on behalf of the Company, bonds and undertakings, recognizances, contracts of indemnity,and other writ- ings obligatory in the nature thereof, and he may at any time in his judgment remove any such appointees and revoke the authority given to them." Has made, constituted and appointed and by these presents does make, constitute and appoint Portland Ore on Corale...a -. ._Yates...................... of......_...-......-.._...-..... ......-..x_..........5...-...... ..... Its true and lawful agent and attorney-in-fact, to make, execute, seal and deliver for and on its behalf as surety, and as its act and deed. all of the following classes of documents, to wit: Indemnity. Surety and Undertakings that may be desired by contract, or may be given in any action or proceeding in any court of law or equity,• policies indemnifying employers against loss or damage caused by the misconduct of their employees, official, surety and fidelity bonds. THE AUTHORITY OF THIS POWER OF ATTORNEY IS LIMITED TO One. Hu ndred._E ghtten_.Thousand.,and no/100 Dollars ($118,000:00) •---....---nI . FOR ANY SINGLE ..D. THIS POWER OF ATTORNEY IS VALID ONLY FOR A BOND OR UNDERTAK- December 31, 1983 ING EXECUTED PRIOR TO................. ...cember .............--- ( And the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Company as fully and amply, ,e Company intents at Its officeIneLa Habra,Califohad rnia ineen uly executed and their own proper acknowledged by the regularly elected P Y Coto L Surety insurance Company of California has caused these presents to be aigned by its duly :clnJAN. fficer,a rporate seal to be hereunto affixed this ..--__12th.. ._.._..day of ...January 1 82 RPORATED r SURETY 13US.ANCE COMPANY OF CALIFQORNIA 31, 1969 a;;- By ohaPresident SS: COUNTY RANGNG On th1s:2 ttt y Januar _-- A-D. 19.8 2....... before the subscriber, a Notary Public of the State of California,in and for the County of Orange. duly commissioned and qualified,came John F.Merrill,President of SURETY INSURANCE COMPANY OF CALIFORNIA, to me personally known to be the individual and officer described in, and who executed the preceding instrument, and he acknowledged the execution of the same, and being by me duly sworn, deposed and said that he Ls the officer of the said Company aforesaid, and that the seal affixed to the preceding instru= meet is the Corporate Seal of &aid Company, and the said Corporate Seal and his signature as officer were duly affixed and o.:'-.--r!bed to she aald tngtrument by the authority and direction of the said Corporation, and that Article IV, Section i(b) of the By-Laws of said Company, referred to in the preceding instrument, is now in force. IN TESTIMONY WFMREOF, I have hereunto set my hand;and affixed my Official Seal at the City of La Habra, the day and year first above written. •••••••••••••••• e•• OFF1CiAL SCAL JILL WROBEL NOTARY PUBLIC-CALIFORNIA PRINCIPAL OFFICE IN -----0 ���brr �•"'�^ Notary Public '.....................................•... ORANGE COUNTY M • y Comm.Expires Aug.Aug.8,.l98v CERTIFICATION L the undersigned, certify that I am the Secretary of SURETY INSURANCE COMPANY OF CALIFORNIA and that the Power of Attdrney seriatim in full force and effect,and has not been revoked; and furthermore that Article IV,Section T(b) By-Laws o{said eotripany as set forth In said Power of Attorney, are now in full force and effect. IN TESTIMONY WHEREOF,I have hereunto subscribed my name d affixed the corporate meal of the said Company i this3.0 t hday Of.........._:?-u me.......--•.................. 19..8 3..... �,ar'.. ................................ (SEAL) / Secretary 560-05-02(Rev.X00) Phillip R. Gilbert r 0A y . i June 23, 1983 MEMORANDUM TO: Mayor and Council FROM: Bob Jean, City Administrator SUBJECT: Legal Services, Executive Session Per ORS 192.660 (1)(f) - Pending Litigation This month's legal services bill was within budget constraints. Direct Council requests of the City Attorney and the various lawsuits remain largely outside my control. For any lawsuit other than LTD's in FY 83-84, it will be necessary for Council to discuss the lawsuit status and estimated legal cost to pursue in FY 83-84. The FY 83-84 legal budget is just enough for routine operations and any lawsuits will require contingency appropriations. T.U.R.A. continues to operate within its own budget. BJ:lw C 4 I� I c L ❑'D©NNELL. SULLIVAN & RAM1S ewasr oFrlci ATTORNEYS AT LAW IBI N.GRANT.SUITE 202 _ MARK P.O'DONNELL CANBY.OREGON 97013 t EDWARD J.SULLIVAN BALLOW & WRIGHT BUILDING (503) 286.1149 TIMOTHY V.RAMIS 1727 N.W.HOYT STREET KENNETH M.ELLIOTTSALEM OFrICC j PORTLAND.OREGON 97209 EQUITABLE CENTER TOWER CORINNE C.SHERTON (503) 222-4402 530 CENTER ST.N.E.. SUITE 240 STEPHEN F.CREW i STEVEN L.PFEIFFER SALEM.OREGON 97301 SUSAN K.SCF{NEIDER PLEASE REPLY TO PORTLAND OFFICE (.503) 378-9191 KIRKLAND T.ROBERTS STATEMENT r City of Tigard C/o Jerri widner Closing Date: 6/8/83 p. O. Box 23397 EJS:mch r Tigard, Oregon 97223 x Re: City Council 5/11/83 (SKS) Memo to Councilor Scott an vacancies on Council due $ 70 . 00 to missed meetings (research & dictate) . 5/12/83 (PM) Assist in preparation of memorandum to Councilor 5.00 =. Scott. 292. 50 5/16/83 (EJS) Preparation & areerationaforocouncil50 il meeting. 7 . R (MCH) Assist EJS in p pa 5/19/83 (PM) Assist in preparation of Council resolution on 12. 50 ballot measures. 5/20/83 (SKS) OC w/Counciloallettt re measuresrt&rassisttineredrafting. 15 . 0 (PEG) Flesch test b s, & Sec. of State' s the same; TC w/D. Hartig; 21. 00 office. 39 . 00 5/21/83 (EJS) Review meeting packet. l meeting. 331 .50 5/23/83 (EJS) p cparation & attendance at Council 6 . 00 (PEG) Edit resolution on "B" ballot. 7 „50 (MCH) Assist EJS w/preparation for Council meeting. (DN) Assist in preparation of resolution re tax levy for 7 .50 police projects. 5/27/83 (TVR) Review deeds & advise re signature of personal representative of estate & effectiveness for accep- 13 . 00 tance of dedication. 12 . 00 6/1/83 (PEG) Prepare ballot title revision; TC w/Sec. of State 26 .00 6/2/83 (EJS) Revise competing resolution. 5`00 6j7/83 (PEG) Flesch test & edit measures 51 and 52 . $917 .00 Current Legal Services 59 . 60 Costs Advanced: Travel $976. 60 . TOTAL BALANCE DUE YOU MAY 8e Fffl_LgD LAS FO^ GL O'DONNELL. SULLIVAN & RAMIS ewN=r o►rlc¢ ATTORNEYS AT LAW ISI N.GRANT.SUITE 202 MARK P.O'DONNELL CANBY.OREGON 97013 EDWARD J.SULLIVAN BALLOW & WRIGHT BUILDING (503) 266-1149 TIMOTHY V.RAMIS 1727 N.W.HOYT STREET KENNET H M.ELLIOTT L CORINNE C.SHERTON PORT AND.OREGON 97209 swLiM o►•(503) 222-4402 EQUITABLECENTER TOWER STEPHEN F.CREW _ 530 CENTER ST.T.N.E..SUITE 240 STEVEN L.PFEIFFER SALEM.OREGON 97301 SUSAN K.SCHNEIDER PLEASE REPLY TO PORTLAND OFFICE (503) 378-9191 KIRKLAND T.ROBERTS STATEMENT City of Tigard c/o Jerry Widner, Finance Director Closing Date: 6/8/83 P. O. Box 23397 EJS:mch Tigard, Oregon 97223 ianll �Re: Ki 5/10/83 ( LP -� on fee vs. leasehold issues; review $ 19 . 50 status of Connie' s Market. (SLP) TC w/D. Hartig re .deposit receipt; letter to 25.00 Wilson, lessee' s attorney. 5/10/83 (SLP) Research question of need to compensate lessee; 50.00 T/C w/Ace Messenger Service. 5/11/83 (SLP) TC w/title company re update on policy; TC w/Met 20 .00 Wilson, lessee' s attorney. (MCH) Prepare letter to Wilson sending copy of title 5.00 report. 5/12/83 (SLP) Transmittal to Wash. County Clerk of proof of 15.00 service of immediate possession order. 5/13/83 (SLP) Review immediate possession limitation prior to demolition; review collateral issue re lessee. 22.50 00 5/13/83 (MCH) Transmit proofs of service to court. 15.00 5/16/83 (SLP) TC w/Currie; call to opposing attorney. 15.00 5/17/83 (SLP) TC w/city re property interests. 5/18/83 (SLP) TC w/Killian's attorney re possible other interests in property & status of immediate possession. 15.00 5/23/83 (SLP) Mail Fcoofs of service; TC w/circuit court. 15.00 5/24/83 (SLP) Prepaae affidavit of service & motion & order for immediate possession on three defendants; OC w/KME 75.00 re deposit of potential judgment. 5/25/83 (SLP) TC w/title insurance co. re supplemental title report due 5 days ago; send default order & other materials to court; TC fr. Marlin DeHaas re possible permit 55.00 of entry on Southern Pacific. (SLP) TC w/circuit court re date of i.-runediate possession hearing; OC w/SFC re judgment on nonappearing 35.00 defendants; TC w/DeHaas. (MCH) Prepare Motion for Order of Default, Affidavit, Order of Default & Cert. of Service; prepare letter 25.00 to court. 6/3/83 (EJS) Receive report from SLP on meeting w/DeHaas & Currie; 26.00 TC w/B. Jean. (SLP) TC w/DeHaas re 72nd Ave. project & need for immed- iate possession of Killian property; TC w/circuit court; meeting w/F. Currie & DeHaas re contractor 100.00 notice of claim. STATEMENT - Page 2 i City of Tigard/Killian 0/'6/83 (SLP) TC w/title company re supplemental title report.. $ 10.00 6/8/83 (SLP) TC w/David Weiner, Killian' s attorney; OC w/SFC 40.00 re hearing; TC w/title company. (SFC) Conf. w/SLP re hearing on motion for immediate 25.00 possession. $608.00 Current Legal Services 105.00 Costs Advanced: Service Fees $713. 00 TOTAL BALANCE DUE l YOU PRAY 8E MLLEO LATEM FOR ANY ADMONAL Coeft Advwi ed STATEMENT O'DONNELL, SULLIVAN & RAMIS ATTORNEYS AT LAW BALLOW Cit WRIGHT BUILDING AREA CODE 503 1727 N.W. HOYT STREET TELEPHONE 222.4402 PORTLAND.OREGON 97209 To City of Tigard c/o Jerri Widner, Finance Director P. O. Box 23397 O Tigard, Oregon 97223 CLOSING DATE 6/0O/03 � EJS:mch Re: MakZP) 5/13/83 Revise reply & review materials submitted re admissions from DeHaas; review final draft of reply. $35. 00 (MCH) Prepare revised plaintiff ' s reply to defendants ' counterclaim. 5 . 00 5/17/83 (SLP) TC w/DeHaas re status of Maksym reconstruction; review LID report. 20. 00 5/24/83 (KME) Analyze requirements for service on defaulting defendants. 10 . 00 i CURRENT LEGAL SERVICES & TOTAL BALANCE DUE $70 . 00 THIS STATEMENT MAY NOT INCLUDE EXPENSE ITEMS SUCH AS TELEPHONE. PHOTOCOPYING. DEPOSITIONS. ETC. FOR WHICH WE HAVE NOT YET BEEN BILLED. ®'DONNELL. SULLIVAN & RAMIS CANDY OFFICM _ MARK P.O'DONNELL ATTORNEYS AT LAW 1B7 N.GRANT,SUITE 202 1 f CANBY,OREGON H7013 EDWARD J.SULLIVAN BALLOW & WRIGHT BUILDING t (503) 266-1149 TIMOTHY V.RAMIS p 1727 N.W.HOYT STREET KENNETH MELLIOTTNNET .ELLIOTI PORTLAND.OREGON 97209 MALCM OPPICK CORINNE G.SHERTT F.CREW (503) 222-4402 EOUITABLE CENTER TOWER STEPHEN FER 530 CENTER ST.N.E..SUITE 240 STEVEN L. CRE97301 I SALEM.OREGON 9 SUSAN K.SCHNEIDER ' PLEASE REPLY TO PORTLAND OFFICE i (503) 378-91911 t KIRKLAND T.ROBERTS 4`3l STATEMENT City of Tigard c/o Jerri Widner, Finance Director Closing Date: 5/8/83 P. O. Box 23397 EJS:mch Tigard, Oregon 97223 Re: Tigardville Heiqhts / -Q 5/12/83 (SLP) Review file & maps as to number of building parcels & effect of condemnation of subdivision approval . $20.00 5/13/83 (SLP) TC w/F. Currie re status of agreement & potential 35.00 settlement; review file; TC to opposing attorney. 5/16/83 (SLP) TC w/John Thomas re status of negotiations & 15.00 proposed plat. 10.00 5/17/83 (SLP) TC w/Public Works re Thomas offer. 26.00 5/23/83 (EJS) Preparation for meeting w/Council w/SLP briefing. 15.00 ( 5/27/83 (SLP) OC w/EJS re Mawhirter offer. 5/26/83 (SLP) TC w/F. Currie re Mawhirter agreement; TC w/L. Newton ! on timeline for plat approval. 30.00 CURRENT LEGAL SERVICES & TOTAL BALANCE DUE $151. 00 i Y043 MAY BE B#LLED LATS FOR ANY ADM-IO4A,;. Oasts Advanoed 5 TATEm ENT l3'D0NNELL. SULLIVAN & RAMIS ATTORNEYS AT LAW BALLOW & WRIGHT BUILDING AREA CODE 1727 N.W. HOYT STREET TELEPHONE 2222-4-4 402 PORTLAND.OREGON 57209 To City of Tigard c/o Jerri Widner, Finance Director P. O. Box 23397 CLOSING DATE: 6/8/83 Tigard, Oregon 97223 EJS:mch Re: 72nd Avenue LID 5/26/83 (SKS) OC w/M. DeHaas re Columbia Excavating claim; make $15 . 00 copies for SLP. 6/1/83 (SLP) TC w/F. Currie re claim & SP right-of-way. 10 .00 CURRENT LEGAL SERVICES & TOTAL BALANCE DUE $25 .00 THIS STATEMENT MAY NOT INCLUDE EXPENSE ITEMS SUCH AS TELEPHONE. PHOTOCOPYING. DEPOSITIONS. ETC. FOR WHICH WE HAVE NOT YET BEEN BILLED. STATEMENT D'DONNELL, SULLIVAN & RAMIS ATTORNEYS AT LAW BALLOW 8c WRIGHT BUILDING AREA CODE 503 1727 N.W. HOYT STREET TELEPHONE 222-4402 PORTLAND. OREGON 97^.09 To City of Tigard c/o Jerri Widner, Finance Director P. O. Box 23397 6/8/83 Tigard, Oregon 97223 CLOSING DATE E EJSJS:memch Re: Ash/Pacific LID Beginning Balance $1 ,223 . 50 5/27/83 (SKS) TC w/Rebecca Marshall re billing & results of 5/23 Council meeting; TC w/R. Ball re Ima Scott' s question on bankruptcy; TC w/B. Jean. 30 . 00 Costs Advanced: Travel 52 . 00 TOTAL BALANCE DUE $1 ,305. 50 THIS STATEMENT MAY NOT INCLUDE EXPENSE ITEMS SUCH AS TELEPHONE. PHOTOCOPYING. DEPOSITIONS. ETC. FOR WHICH WE HAVE NOT YET BEEN BILLED. }ff i E STATEMENT O'DONNELL, SULLIVAN & RAMIS ATTORNEYS AT LAW BALLOW & WRIGHT BUILDING AREA CODE 503 1727 N.W. HOYT STREET TELEPHONE 222.4402 PORTLAND.OREGON 97209 To City of Tigard c/o Jerri Widner, Finance Director P. O. Box 23397 CLOSING DATE: 6/8/83 Tigard, Oregon 97223 EJS:mch Re: Stone LID 6/1/83 (SLP) Review file as to second notice & need for Council action on debt outstanding. $15 .00 6/6/83 (SLP) Review letter from attorney re foreclosure; TC to D. Hartig; review priority of lien on foreclosure. 30 . 00 6/8/83 (SLP) TC w/Jerri Widner re Bancroft issues. 15. 00 CURRENT LEGAL SERVICES & BALANCE DUE $60 . 00 THIS STATEMENT MAY NOT INCLUDE EXPENSE ITEMS SUCH AS TELEPHONE. PHOTOCOPYING. DEPOSITIONS. ETC. FOR WHICH WE HAVE NOT YET BEEN BILLED. ' r. D'DONNELL, SULLIVAN & RAMIS MARK P.O'DONNELL ATTORNEYS AT LAW CANNY OFFICE 181 N.GRANT.SUITE 202 EDWARD J.SULLIVAN SALLOW & WRIGHT BUILDING CANBY.OREGON 97013 TIMOTHY V. RAMIS (503) 266-1149 KENNETH M. ELLIOTT 1727 N.W.HOYT STREET CORINNI C.SHERTON PORTLAND.OREGON 97209 SALEM OFFICE STEPHEN F.CREW (503) 222-4402 EQUITABLE CENTER TOWER STEVEN L.PFEIFFER 530 CENTER ST.N.E..SUITE 240 SUSAN K.SCHNEIDER PLEASE REPLY TO PORTLAND OFFICE SALEM.OREGON 97301 KIRKLAND T. ROBERTS (503) 378-9191 STATEMENT City of Tigard c/o Jerri Widner P. O. Box 23397 Closing Date: 6/8/83 Tigard, Oregon 97223 EJS:mch Re: Northwest Underground 5/10/83 (SFC) Conf. w/DO re memo on bonding. $ 20. 00 (DHO) Continuing draft of memo on bond issues. 90 . 00 5/11/83 (SFC) Conf. w/EJS re status of case. 25.00 (DHO) Further work on memo. 126 . 00 5/12/83 (SFC) Dictate letter to Bob Jean & Frank Currie. 10 .00 (PM) Assist in preparation of letter & gather information necessary. 2. 50 5/13/83 (DHO) Travel to Multnomah County Law Library for further research. 33. 00 5/16/83 (DHO) Review & dictate memorandum of law for use in summary judgment. 72 .00 5/17/83 (DHO) Review & amend memorandum for summary judgment. 39 .00 (PM) Assist in preparation of Memorandum in Opposition to Summary Judgment. 25 .00 5/18/83 (DHO) Revise final draft of memorandum. 117 .00 5/19/83 (SKS) OC w/F. Currie re requirement of liability insurance 10.00 6/1/83 (SFC) TC w/F. Currie re problems & way to avoid future issues such as N. W. Underground. 20. 00 6/2/83 (SFC) TC w/opposing attorney re coverage tender and discovery on insurance issues. 20.00 6/8/83 (SFC) Send materials to opposing attorney & TC w/ opposing attorney. 35. 00 CURRENT LEGAL SERVICES & TOTAL BALANCE DUE $644.50 r YOU MAY BE 80 LED LATS'!) FOR ANY ADDITIONAL 00ft Advaroo&d t O'OONNELL, SULLIVAN & RAM15 CANSY OFFICE MARK P.O'DONNELL ATTORNEYS AT LAW 191 N.GRANT.SUITE 202 EDWARD J.SULLIVAN BALLOW 8c WRIGHT BUILDING CANBY.OREGON 97013 (503) 266-1149 TIMOTHY V.RAMIS KENNETH M.ELLIOTT 1727 N.W.HOYT STREET CORINNE C.SHERTON PORTLAND.OREGON 97209 SALEM OFF(CK STEPHEN F.CREW (503) 222.4402 EQUITABLE CENTER TOWER _ 530 CENTER ST.N.E..SUITE 240 STEVEN L.PFEIFFER SUSAN K.SCHNEIDER PLEASE REPLY TO PORTLAND OFFICE SALEM.OREGON 97301 (503) 378-9 19 1 KIRKLAND T.ROBERTS STATEMENT City of Tigard c/o Jerri Widner, Finance Director 8/83 P. O. Box 23397 Closing Date: 6/ Tigard, Oregon 97223 EJS:m:mch Re: TURA 5/10/83 (SKS) Preparation of memo On timelines . $ 25.00 5/11/83 (SKS) Call fr. D. Baker re initiative petition. 10.00 5/12/83 (SKS) Prepare memo for EJS on election timelines & 25.00 related issues. 5/13/83 (SKS) Call fr. D. Hartig on election memo; dictate same. 25.00 5/16/83 (DN) Memo to Mayor & members of Council re election on 7.50 initiative measure. 5/18/84 (EJS) Preparation & meeting with Oliver Norville re ballot measure validity & alternatives; research same; 123.50 memo to file. (SKS) TC w/Norville re proposed charter amendment; OC w/ EJS re same; preparation for meeting w/Norville & 120.00 meeting w/him; research. 5/19/83 (EJS) Review notes on Norville meeting; TC w/Councilor 26.00 Sc,:,tt. (SKS) OC w/B. Monahan on alternative measures; deliver 35.00 copies of plan & report to Norville. 10.00 (MCH) Memo to file re EJS & SKS meeting w/Norville. 5/23/83 (SKS) TC w/Dave Baker re limit on tax levy; TC w/Baker re initiative petition; research dates for EJS; OC w/ 40.00 D. Hartig re alternative resolution. 5/27/83 (EJS) TC w/B. Jean re competing measures; OC w/SKS re same.19 .50 (SKS) OC w/B. Jean re TURA alternative measure. 25.00 5/28/83 (EJS) TC w/Bob Nunn; review Charter provisions. 19 .50 5/30/83 (EJS) Preparation & meeting w/B. Jean, Nunn & Furrer; 266.50 draft resolution on alternative measure. 5/311/83 (MCH) Prepare draft resolution re charter amendments; 4 35.00 TCs w/Loreen; make copies of resolution. 6/1/83 (EJS) Do second resolution calling election only on 26.00 initiated measure. 6/2/83 (MCH) Prepare draft initiative resolution; calls to P. Furrer & B. Nunn; TC w/B. Jean re draft resolution (twice) ; TC w/EJS re B. Jean suggestions; OC w/PEG re contacting Sec. of State's office re form of 37. 50 ballot measure. 6/3/83 (EJS) Review ballot titles w/Sec. of State' s office. 13.00 STATEMENT - Page 2 r City of Tigard/TURA 6/6/83 (EJS) Preparation & attendance at TURA meeting. $136.50 (SKS) OC w/B. Monahan re alternative measure; OC w/MCH re same; proof title; TC w/B. Monahan re delivery of ballot measures. 50.00 6/6/83 (MCH) Revise resolutions referring charter amendments to voters. 25.00 6/7/83 (MCH) Work on changing TURA resolutions. 5.00 6/8/83 (MCH) Revise resolutions & exhibits; make copies & mail to Nunn, Furrer, Olsen & Norville w/letter. 35.00 Current Legal Services $1,140.50 Costs Advanced: Travel 10. 05 TOTAL BALANCE DUE $1, 150.55 4_. YOU MAY 13E BILLED LATER FOR ANY ADd3aT OVAL CoatB.AdvwK*o � y is 451GYN ,tigard community youth services 620-2621 proposed Budget, 1983-84 `Vaal. State Federal CO/Int. Fundr. Fees Total Director Carried on County payroll. Counselor 3,532 12,728 16,260 Employment Specialist 16,260 16,260 Enplayment Aide 3,585 3,585 3,090 3,090 Secretary 3,532 19,845 12,728 -0- 3,090 -0- 39,195 ]. Tota Health 1,371 734 357 2,462 Dental. 720 720 FICA 1,389 891 216 2,496 Unemployment 595 382 93 1,070 SAIF 40 30 10 80 1,371 2,758 1,660 1,039 3,090 -0- 6,828 TOTAL P�Nfg, 4,903 22,603 14,388 1;039 3.090 -0- 46,023 Rant 3,000 3,000 Repairs/Maintenance 100 100 Utilities 1,500 500 2,000 �^surance 200 200 400 _Leaae 500 1,200 200 1,900 500 1,500 Consultation 1, Staff Development 92 108 200 Licenses/Fees 400 400 Office Supplies 725 450 280 1,455 Postage 300 300 200 800 Phone 1,880 700 2,580 Professional Services 500 200 700 500 1,100 250 350 Printing Program P4at�eri.als 250 550 800 Contingency 500 781 1,281-0- 1,500 18,216 961 TOTAL MATERIALS AN, SERVICES 10,097 4,350 308 1, GRAND ISA, 15,000 26,953 14,696 3,000 3,090 1,500 64,239 11981 s.w. pacific highway 0 tigard, oregon 97223 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: 7/11/83 AGENDA ITEM #: 2.5 DATE SUBMITTED: 7/7/83 PREVIOUS ACTION: none ISSUE/AGENDA TITLE: SW 66th Avenue Street Vacation REQUESTED BY: Frederick C. Cooper (between SW Baylor & SW Clinton) DEPARTMENT HEAD OK: LIA CITY ADMINISTRATOR: INFORMATION ".:MMARY This is a request by the adjacent property owners to vacate a portion of SW 66th Avenue between SW Baylor and SW Clinton. The necessary property owners have signed the Petition for Vacation forms. The information concerning this vacation is attached. ALTERNATIVES CONSIDERED ---------------------------------- ------------- -------- ----- ------------------ SUGGESTED ACTION The suggested action for the City Council is to recommend the initiation of this street vacation. i t 3 TO ji.tE HONORABLE MAYOR ;.' I CITY COUNCIL City of Tigard County of Washington State of Oregon the Matter of the vacation ) of lands described as : PETITION FOR VACATION Petitioners hereby request that the hereinbelow described area be vacated, for the following described reason(s) : The right-of-way for the Interstate 5/Haines Road exit currently being built by the Oregon Depart. of Transportation bisects S.W. 66th Avenue north of S.W. Clinton Street creating a dead-end road which services property now under common ownership, therefore eliminating the Fee or public access o is por ion o Avenue. (1) That the undersigned is in fact the owner(s) or the contract purchaser(s) of the indicated property(s) . (2) That the undersigned represent tracts in or adjacent to the affected area as hereinbelow described. (3) That the cost of this vacation is to be borne by the benefited properties and in respect thereto respectfully show: That the area proposed hereby to be vacated by the aforementioned �.mers/purchasers comprises approximately 0.35 acres , and is legally .scribed hereinbelow (or on the attached s eet marked Exhibit "A" which by reference herein- is made a part hereof) and is illustrated on the attached drawing marked Exhibit "B" (which by reference herein is made a part hereof) : That portion of S.W. 66th Avenue extending from the southerly right-of-way of S.W. Baylor Street to the northerly right-of-way of S.W. Clinton other than that portion thereof taken by the State of Oregon Department of Transportation. WREREFORE, petitioners request that said lands be vacated as herein requested and described and that the City Council of the City of Tigard, Oregon, expedite proceedings to that end as provided byTlalawMAP # RECORDING S&GNATURE ADDRESS TAX LOT # NUMBER 116 a� 1S1 36DD 75 -W 66 Avpnup _ 1S1 36DD ' 04400 - 1S1 36DD 6th Avel3up cAPAAA 03100 i 8 Q 10 ct w 12 \T 13 1 14 15S.W. ATLANTA , STR ET ,� dc. 1910 - - - - —� 1 25 1 2a 224 223 n 16 323 W 322 22 4 21LD 3 17 6 1 20 Q 6 2 190 �. 4 m 7 19 7 i8 � W W E IB 8 IT Q > W A 9 10 I! IZ 13 14 13 16 !T s 9 1 11 12 13 14 15 Q Q 11iTCCC II cn m Q E •117 i 1 25 0.) S W e- 1568 BAYLOR q STREET I 14 COUNTY Mo1NTC 10 38 f 1 ■ If 37 - � Y GCC f�4)d'-1•L• 12 36 f _ 14 34 • N j 1 O 15 33 9 co 16 G - - - , 16 10 32 co 17 31 011 8 v t 8 .30 19 29 m 21 232 25 2 28 CLINTON `- ST r� . C.R. 15 2 2(40') 7 _ V O m i' 3 ` W 3 774 1 B vi I I cn cn 4"1 30 r m I c0 12 13 I 31 I Y 36 3 8 v ,sem'- �� .9� o 32 ��� ez%ce67 e, f CD \ 12,000- S.W. 2 OVQ--S•W I DARTM UTH ST. i fiCJC l2�jc ys , >~ L- EXHIBIT e1 i E; C2? lorlN SCALE: t"= 50 S W 67TH AVE. / a a a o 07 l _ t WORTH - � P.O.B. .4 c'p� Eili�'fr :u��a 6 6TH S's��,Sr,�< AREA - 0.3443 ACRES � � AVE. SOUTH PLAT TO ACCOMPANY LEGAL DESCRIPTION Proposed Vacation of SW 66th AVE. March 24 1983 Drawn by: .SF coopram L CA I �.„ 7" o® of EXHIBIT E Y ISCALE, 1` ="50` ; 7TH AVE. �- i cm I U7 l I I 4;jp � NONT'H - I P 0.9. -- AVE. a, AREA F 0.3443 ACRES to w sy-� 150.00, � SOUTH C ition of SW 66th AVE. Drawn by: M.9F C SER C®Ni.�LTA , eN "GINEEMYs41 ARCHITECTUAM l CONSTPUCTM UpMFC88 i,a:c c d�. vc wnor.rc.n nw asrr; EXHIBIT- "r-N � I S W 67TH AVE. 67' ON P /fJ f cab - I f y NOR 2a EXF �. �'H ��`�°moi Sp. � AREA g 0.3 PLAT TO ACCOMPANY LEGAL IrO AC, Proposed Vacation of SW 66th AVE. 'acacia MOrCh 24, 1983 Drawn by, JW.SF )63 iDJB INC. 11515 S.W. 91ST AVENUE PORTLAND,OREGON 971.23 U.S.A. o (503) 639-2900 �^ City Council Meeting July 11, 1883 7 C s� -�..> ,9�cY !/r7('r- My name is Geraldine Ball and I am representing DJB, Inc. and myself personally. As usual, we want to go on record as objecting to the � map; this time the survey map. The map we obSaomed frig the survey Dept. in February shows that Boundary Commission order 1666 covers 66th Avenue and Nx West 12 of I-5 right-of-way from Haines Rd. to Elmhurst (which is Vacated . This is in accordance with City of Tigard Ordinance No. 81-29. The copy we obtained from the Secretary of State's office also shows this information as per Final Order signed by the Portland Metropolitan Boundary on March 20, 1981. This matter came before the Boundary Commission on Feb-•-rxarf 12, 1981 - the same night a.s:t annexation 1668. Copy of Annexation No. 1666 as approved by the Boundary Commission, The City of Tigard Ordinance 81-29, certification by Doris Hartig, City Recorder, dated June a, 1981 and acknowledgment by the Secretary State, dated June , 1981 are submitted to you tonight. n1ormation We ask that this�alo with all attachments just re- ferred to be made part of the City of Tigard record. We would like t0 know under what document the annex- ation was changed so as to include only that portion of 66th North of Clinton. l S � \ i f i MEMORANDUM July 7, 1983 f TO: Mayor and City Council t r FROM: Loreen Wilson, Office Manager SUBJECT: Agenda Item #2.6 The Board Member Interview Committee (Mayor Bishop, Councilor Scheckla and Bob Jean) will meet Monday afternoon to interview individuals wishing to serve on the Planning Commission. Mayor Bishop will file the Committee recommendation Monday evening at the Council meeting. Interviews for Park Board and Library Board vacancies will be conducted at a later date. (lw/0333A) l f f E t r PAGE 1 - COUNCIL EiINUTES - JUNE 20, 1983 MEMORANDUM July 7, 1983 TO: Mayor and City Council FROM: Bob Jean, City Administrator L SUBJECT: Ash-Pacific LID #38 I would recommend this matter be scheduled for the September 9, 1983 regular meeting of the Council if Council is inclined to grant the applicant's request, per the attached letter, to extend the table motion. Also, please bring material which was distributed in the 6-27-83 Council packet from Councilor Scott dealing with this issue. (BJ:lw/0333A) I i E July 7, 1983 RECEIVE® ` JUL - 71983 Bob Jean CITY City Administrator OF ��GARp City of Tigard 12755 S.w. Ash Tigard, OR 97223 Dear Bob: As the major party of interest affected by the Council's continued review of would request that this matter continue to be tabled L.I.D. X38, I respectfully until after the recently re-scheduled L.I.D. policy discussion is heard at the upcoming August 22, 1983 Council meeting. Since previous Council concerns have centered around my Chapter 11 proceeding 4 and issues related to lease negotiations with major tenants for the "Main Street" project, I believe that a final consideration by Council in early September would provide for an informed decision to be rendered. This request also is . tied to the fact that the filing of my reorganization plan is scheduled by F August 31 , 1983. Please pass on this request to Council. I will plan to attend the Monday, k July 11 Council meeting to address this issue and specific issues raised by a Scott's distribution of material, relative to my Chapter 11 process, Councilor to her fellow Councilor's in the last cneeting packet. i Sincerely. i ABBishop President-Sole Stockholder Main Street Land Corporation CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM Date: June 1, 1983 Item No. : Description:No-Parkinq Ordinance; Agenda Of: to create no-parking alonq S.W. Previous Action none Landmark Lane. Action Required: Passage of attached ordinance. Dept. Head: city Adm. : SUMMARY In response to a request by property owners adjacent to Landmark Lane, for creation of a no-parking zone along the entire length thereof, city staff conducted an inves- tigation to determine if such request was reasonable and warrented. Staff does concur. RECOMMENDATION It is recommended that Council pass the attached ordinance to create a no-parking zone along Landmark Lane, from 72nd Avenue westerly to the terminus of Landmark Lane. ALTERNATIVES Take no action { 4 t E i F CITY OF TIGARD, OREGON i i COUNCIL AGENDA ITEM t Item No. : Date: May 25, 1983 Agenda Of: 6/13/83 i Description: No-Parking Zone Previous Action on S.W. 66th Avenue t i 4 Action Required: Council passage Dept. Head: of attached ordinance City Adm. : SUMMARY 1,) Staff conducted traffic study to determine if creation of no-parking zone on 66th Avenue (northerly of Hampton Street) is warrented, in response to citizen(s) request. g t 2.) Staff determined said zone is warrented. F / i L! RECOMMENDATION ass the attached ordinance to create a no- Recommend Council action to pnortherly of Hampton St. parking zone along a portion of S.W. 66th Avenue ALTERNATIVES Take no action. E CITY OF TIGARD, OREGON f COUNCIL AGENDA ITEM SUMMARY � � S AGENDA OF: JULY 11, 1983 AGENDA ITEM #: l PREVIOUS ACTION: Failed at first reading DATE SUBMITTED: June 28, 1983 ISSUE/AGENDA TITLE: Alarm 6-27-83 Council Meeting Ordinance Amendment REQUESTED BY: Chief Adams z i 1 DEPARTMENT HEAD OK: v� �1 CITY ADMINISTRATOR: s r k, INFORMATION SUMMARY 1. The proposed amendment will raise revoked alarm user permit fees to aid in recovering the cost of false alarm response time of the Police Department. 2. The language amendment in Section 2, subsection (b) (7) , clarifies the city's position on the administration of revoked user permits. There is an inter- pretation problem in this section of the existing ordinance, and this proposed language change will not affect the Police Department's existing administration system of the alarm ordinance. 3. Provides for City Council review one year from the effective date of-passage of the ordinance amendment as recommended by City Council on 6-27-83. (See attached memorandums and support documents) . ALTERNATIVES CONSIDERED N/A -------------- -- SUGGESTED ACTION Recommend approval of ordinance amendment as submitted. MEMORANDUM May 23, 1983 TO: City Administrator/City Council FROM: Chief of Police SUBJECT: Ordinance Amendment RE: City Council Meeting of June 27, 1983 Sir: The following ordinance amendment regulating the use of alarm systems is provided for your review and City Council consideration. The amendments are housekeeping in nature, relating to revoked user permit fees to cover response time costs, and to clarify the city's position on the administration of revoked user permits. 1. Ordinance Amendment: An ordinance regulating the use of alarm systems. This amendment will raise the revoked fees in Section 4: Alarm User Permits Required, Sub. Sec. (b) First revoked fee from $40 to $60 Second revoked fee from $100 to $120 The third and each additional revoked fee remains the same, at $180 Amends Sub. Sec. (e) (3) Special Alarm Users Permit, raises fee from $25 to $60 A language change is proposed in Section 7: False Alarms. Pormit Revocation Sub. Sec. (7) . The last sentence is amended as follows: Delete the words: four (4) false alarms in the permit year. Added new language to this sentence: a false alarm after issuance of a revoked user's permit has provided in this paragraph. The amended Sub. Sec. 7 will read as follows: (7) An alarm user whose permit has been revoked may apply for a permit as provided in Section 4 (b) . The Chief of Police shall not be required to issue a permit to one whose previous permit has been revoked unless he is satisfied that the user's system has been properly serviced and its deficiencies corrected. The Chief of Police may impose reasonable restrictions and conditions upon a permit issued to one whose previous permit has been revoked. Such restrictions and conditions shall be written on the permit and shall provide for summary revocation on the occurrence of a false alarm after issuance of a revoked user's permit as provided in this paragraph. This amendment is required to clarify an interpretation problem of the former language. The former language tended to infer that the alarm user was entitled to four (4) additional false alarms that were allowed on each stage of the revoked user's permit process, and there are three specific levels as identified in Section 4, Sub. Sec. (b) of this ordinance. If the former language is binding, it is my opinion that the ordinance will not solve the false alarm problem, nor will it be cost effective. As an example, the police department's hourly operational cost under the control budget is $121. It takes approximately one half hour of the department's time to clear an alarm call. If an alarm user went through the three levels of the revoked user's permit process in the permit year, we would have responded to 13 false alarms at a cost of $786. The fees generated would be $385 and loss of six and one-half hours (6-1/2 hours) of patrol time that may have been needed for other emergencies to Tigard citizens. The amendment to Sub. Sec. 7 would allow for 7 false alarms at the third stage of the revoked user's permit. Our response cost would be $425, and the fees generated would be $385. Therefore, the amendment would almost put us at a break even stage, and the alarm user should have their system in order and personnel trained to operate the system, or face termination of the permit. To clean up the language problem in this section is vital to the management of the alarm ordinance. Recommend that this amendment be approved. There may be people from the alarm industry to talk in opposition to this amendment. Respectfully, R.B. Adams Chief of Police 1 FALSE ALARM MANAGEMENT SYSTEM i Existing Management Interpretation Alarm Industry Interpretation I. Application Fee ($15/25) I. Application Fee ($15/25) (a) Permit Issued (a) Pernit Issued (1) First False Alarm (1) No Action (1) First False Alarm (1) No Action (2) Second False Alarm (2) Notice Letter (2) Second False Alarm (2) Notice Letter F (3) Third False Alarm (3) Notice Letter (3) Third False Alarm (3) Notice Letter !! (4) Fourth False Alarm (4) Notice Letter/ (4) Fourth False Alarm (4) Notice Letter/ requesting response to problem. requesting response to problem. I II. Fifth False Alarm (5) Summary Revoked II. Fifth False Alarm (5) Summary Revoked (a) lst Revoked Users Permit ($40) $60 (a) lst Revoked Users Permit ($40) $60 P (1) First False Alarm (6) No Action III. Sixth False Alarm (6) Summary Revoked (2) Second False Alarm (7) Notice Letter Notice Letter/requesting response to (3) Third False Alarm (8) Notice Letter problem (4) Fourth False Alarm (9) Notice Letter/ requesting response to problem. (a) 2nd Revoked Users Permit ($100) $120 E IV. Seventh False Alarm (7) Summary Revoked III. Fifth False Alarm (10) Summary Revoked Notice Letter/requesting response to (a) 2nd Revoked Users Permit ($100) $120 problem (1) First False Alarm (11) No Action (a) 3rd Revoked Users Permit $180 (2) Second False Alarm (12) Notice Letter (3) Third False Alarm (13) Notice Letter (4) Fourth False Alarm (14) Notice Letter/ requesting response to problem. k F e False Alarm Response Time IV. Fifth False Alarm (15) Summary Revoked! Cost = $425 (a) 3rd Revoked Users Permit $180 Fees. Generated = $385 False Alarm Response Time Cost = $907 s Fees Generated = $385 x E t 4 Ft i i F t�F¢jrjr E _� ki` City of Tualatin Current Fees 1st Revoked User's Permit $ 50 �- 2nd Revolved User's Permit $125 3rd Revoked User's Permit $225 Banks and Financial Institutions, 4th alarm $100, all alarms thereafter $25. Process of revising alarm ordinance. •----------------------------------------------- - . Washington County Sheriff's Office 1st Revoked User's Permit $ 40- 2nd Revoked User's Permit $125 3rd Revoked User's Permit $225 Banks and Financial Institutions, 4th alarm $125, all alarms thereafter $30 Currently updating (increasing fees). Multnomah County Sheriff's Office 1st Revoked User's Permit $ 40 2nd Revoked User's Permit $100 3rd Revoked User's Permit $180 . ` Banks and Financial Institutions, 4th alarm $100, all alarms thereafter $25 BURGLAR 8 FIRE ALARM PHIL IN � ELECTRONICS.INC. EST.1952 1110 N.W.FLANDERS STREET PORTLAND,OREGON 97209 (503)227-0571 Mayor Wilbur Bishop July 5, 1983 3_0590 S .W. Cook Lane Tigard, Oregon 97223 Re: Proposed amendment to the ordinance regulating the use of alarm systems . Ordinance no. 82-32. Dear Tigard City Council Member , There are several points we would like to have you evaluate before deciding whether to implement the proposed amendment. They are as follows : 1. Less than 5% of the alarm permit holders cause negligent excessive false alarms , yet section 2 of the proposed amendment would reduce the number of false alarms allowed before exor- binate fines of $120 .00 and $180 . 00 are issued; which would positively scare all potential permit holders from considering installation of an alarm system. 2. The Chief of Police already has punitive measures available via the present alarm ordinance for the 4 . 55 that are abusing the emergency services . He need not issue a revoked permit if it has not been sufficiently proven that the deficiencies causing the false alarms have been corrected . 3 . The existing ordinance allows for flexibility in the punitive measures imposed. Even with the highest quality of equipment, installation and customer conscientiousness , there will still be a few users with transient problems that can only be corrected thru the process of elimination which may take a period of time and cause false alarms number 6 and 7 in the process which would automatically trigger penalties of $120 . 00 and $180 .00 and further subject this conscientious customer to a $180. 00 penalty on any possible future false alarms during their remaining one year permit time, which could be 9 or 10 months. Conscientious citizens don' t need this kind of force legislated upon them all because of a negligent 4 . 5% of customers who could be penalized by the Chief' s proper use of his already ordained authority. The existing alarm ordinance has proven that is is effective and it is supported by Multnomah County, Washington County, the city of Portland and the alarm industry. We would like to recommend the passage of the increased fees for the revoked users permits outlined in section one of the alarm ordinance amendment but we strongly urge the elimination of the proposed change in section two of the alarm ordinance amendment. Fpetfully submit ed, Phillips President MEMORANDUM July 7, 1983 TO: City Administrator/City Council FROM: Chief of Police SUBJECT: Alarm Ordinance Amendment RE: Alarm Ordinance Management Sir: In response to the letter received from Phillips Electronics dated July 5, 1983 I wish to make the following comments. The letter infers that the city is changing its management system of revoked user permits, which is not the case. The language change proposed in Section 7: False Alarms, Sub. Section (b) (7) is intended to eliminate any ambiguity of interpretation in that section of the ordinance. The ordinance as it has been administered has not had a negative impact upon the conscientious user; nor has it scared any potential users, as the number of permits issued continue to increase_ We have and will continue to work with the users who are having problems with their systems. However, when we receive a letter indicating the prob- lem has been eliminated, repairs are made or people trained to operate the system, they are allowed to continue to operate on their permit or a revoked users permit is issued. If there is a "transient problem" as indicated in Mr. Phillips' letter, the system should be pulled off line until that problem is resolved. After all, the alarm vendors are experts and know what problems to look for in a specific alarm system. In conclusion, the amendments to the ordinance propose revoked user permit fee increases and clarifies a language problem relative to revoked user permits. The amendment does not infer an administrative change in the management of the ordinance. As the system is being managed, there has i been a 24% reduction in false alarms the first six months of 1983 as compared to the same time period of 1982. Respectfully, E r I R.B. Adams Chief of Police RBA:ac f CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA ITEM #: AGENDA OF: July 11� 19$3 DATE SUBMITTED: Ju 8 PREVIOUS ACTION: Adapt nn of ISSUE/AGENDA TITLE: Amend Storms_ -----e No 82-71 REQUESTED BY: �7erri Widnpr Sewer Qrdin-2ncP DEPARTMENT HEAD OK: CITY ADMINISTRATOR: INFORMATION SUMMARY Council adopted Ordinance No. 82-71 in 1982 which established the Storm Sewer Fund as a Special Revenue Fund. The resources for this original re from user fees and are known as Proprietary Funds, therefore, ordinance should be revised. ALTERNATIVES CONSIDERED N/A SUGGESTED ACTION Adopt Ordinance as submitted. CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: July 11 , 1983 AGENDA ITEM 4: DATE SUBMITTED: July 6, 1983 PREVIOUS ACTION: N/A ISSUE/AGENDA TITLE: Collection procedures of sewer users charges REQUESTED BY: Jerri Widner DEPARTMENT HEAD OK: -v CITY ADMINISTRATOR: INFORMATION SUMMARY Formalizing past collection practices into Council policy regarding sanitary sewer billing and including recommendations from Council meeting of June 27, 1983. ALTERNATIVES CONSIDERED N/A -------------- --------- ----------------- SUGGESTED ACTION Adopt ordinance. M E M O R A N D U M r DATE: June 28, 1983 TO: Mayor and City Council FROM: Jerri L. Widner, Finance Director SUBJECT: IMPLEMENTATION OF SEWER ORDINANCE The ordinance you have before you this evening is addressing the collection process for sewer user charges. In an effort to make this implementation as painless as possible for our current users, I suggest the following: 1. Notify the owners of property of the segments of the ordinance. 2. Tell them we will continue to bill as we have been doing, unless they would prefer a change. 3. Make it clear that all new users will be billed in accordance with the ordinance i.e. , the owner will be billed unless written notice is given to the City for an alternate. 4. If an account becomes delinquent that is being billed to an alternate from the owner, the City will notify the owner of the delinquency and if it has not been paid by June 30 of the current year, it will be placed as a lien on the property and billed as a tax by Washington County Tax Assessor. These steps should make the transition of the new ordinance less complicated. JLW:ms (0663A) t �r C11YOFTIVAMD WASHINGTON COUNTY,OREGON TO: Members of the City Council , yam FROM: William A. Monahan, Director of Planning and Development bVK DATE: July 5, 1983 RE: TURA Consultant Report Lyle Stewart will be present to discuss his progress in evaluating the TURA program and its need for changes. Attached is a copy of Working Paper No. Seven prepared by Lyle. Please bring this report as well as the six papers furnished you for discussion at the June 20, 1983, meeting to Monday's meeting. w 12755 SW. ASH P.O. BOX 23397 TIGARD,OREGON 97223 PH:639-4171 F� WORVING PAPER t 5Ei/EN oo TABLE-5 126Q 25 b P,OjEGT PUBLIC IMPROVEMENTS ••TNE11L COSTS 1983 Mb FUNDING 60012CE5 ® TABLES 2G, 27, 28, 2.9 WITH A MAXI MUM TAX 19CR6ME9'r ):X PEi 1p1TURE O1: $ 5,680,000, AM14UAL SUMS SPENT (AVAILABLE), IFOP. GROWN E5TIMATI:S"A 4 B" @ FOUR. fllF>:Ea.P�IT 7Ak QAT 1r5 GROWN TAX yp.. $5.6,81► AMOUNT 8EGUIP-60 To C®MPLSTS l"T" r- gPfi4�T WOlzK to cirrtn+ dollars CsSccI Yen A. 23.Co5 (997-98 1,750,740 in 1997 Dollars r A. 20.00 1998-99 $2,154,550 in 1998 Dollars N N A. 13.09 2002.03 $4,141,900 in 2O02.Dollars go p� 11.00 ZOO'6-04 ` `1,CoCo1,28O in 2003 Dollars �J 13 23.65 1994-95 4-1, 150 in 1994 Dollars 6 20.00 1995- 9Co 28,7,340 in 1995 Dollard {I 370 in 199-1 Dollars i 8 13.01 1997'98 �I,596,190 in 1991jDollars � g 11.00 1998-99 1 11o�e lhak $5,606,650 1983 Tax lnceemen4 Dollars will Ise re9uty •l•o imp li m en4 all Pro jecl• lcn�:rovee tin bs (Tab10 2-5). 5ka,4mg work in ;tscal 1984.85 and in;IcL•l•in rewtainikg work C� 7��s anhsally, NONE OF EIGHT (A80VFi GROIN I INCOMI: $G�UAQ i05 WILL PRODUCEC14(M6IET4E MAXIMUMS VS To$ %(090 000 A 1�C-P-P-WOTZV- EWT aa ,, �y 6E�OR�. REA LYLE A. 5TEWART TURA. 5UM ALLOWED 6.2x•83 TABLE 25 �i of7.) PUDLIC IMPROVEMENTS PROPOSED, TI Al2O URBAN COST ESTI MATES 6 .1985 DOLLAas , � RENEWAL AREA PUNDIWG SOURCES FOR SUCH IMPROVEMENTS FU14DING SouRces A gTIC I f ATE D PUBLIC i A&p rzOvf_m Ew T-s TOTAL. TAX INCREMENT OTNEQ SOU12CE5 COST Pao CCUs AS WOTEO (1Q83 % °% (1983) Soumcr. 1 BUMHAIA 5-r. 4r_0' l wC tont 2goovo +0 96,Ooo 40 961600 I-ID 15 36,000 5 0c S 12,oa O SD 4-- 12 4 I Cab 000 40 6-7 TOO 40 G7,700 1-10 15 115100 SDC 5 8 qOC) 5DF 3 ASH ST. ($Loins{b �owonvvaial �tLoNSTQlJGY1Un1 I'L0 DO �{O 4a d00 SFO 00 LID 15 ( 8,000 sdc 5 _ G,o00 50� 4 aFFtNS ST. Porlton Rt¢1ttSr¢vcTtont 9U,0Oo 40 3 ,000 ho 36000 L►o 15 l 3 500 S D C, 5 4 5c0 50 F S TiGAR T% Poc.tl.a .+- 6fa-'-AIS Recoulm'icrtaa 4AU,00a 60 20,600 -L C) 40,000 L1D ' 15 b0 U00 SDC 5 10,060 'S o F 6 (0h­1=r?-C+AL ST. Mu,, s4; +a'clVk 5T.) 224,oao 6o 134 460 SO 44,R00 W0 IS 3,6600 soc. S 11,100 , sca '1 Mhtr1 5-r. 'Pmoos 300,000 20 Coo 000 80 /L+d,000 S-wr& 8 ASN 5-r. Cctmmerctal 5i Nw, S—,(LMr Zu^%,aAce 5711,500 50 25C0250 50 2 6;25o LID 214NT of WAS( 50,00 O 5*0 1510050 25 000 t to t2.R. GtLVSSt�G 1 GG,000 SO 50 000 50 S OOO SDC GrEtc CROTJtryo 10(3,000 SO 50,006 SO 50,000 sDc i LID.- LOCAL IMPROVEMENT DIST2ICT� SYSCl:MS DaVGLUP/AFWT CHARCEi "zDF„s STORM DRAIN FtJND PUDLIC IMPR®VEmEN1"S PR®P®SEDo C0�T ESTIMATES *16 191985i,®Ll�..AfZSRENEWAL�T'IG�1I20 URBI�i� TABLE 2S � �20�1} FUNDlNG 0UPCES FOR SUCH Impwo�'emuTSAREA r-u>JD1NG souRc>rs ANTICIPATED PUBLIC I A&PROVS:MENT•S TOTAL TAX 1NCMEMENT OTHER eouQc-ES COST PRO Clt 1r0 S AS 1,1 OT E-O $ 1983 % (198' °% (1983) sOUMCE q SCAPFINS 5T (tNew seci,o.,}.a (4al), EWA) -- Naw S-rruke7- RF.INAf.E 50,000 50 25,000 SO 25,000 wo RicGtiT-UP-wA`f 100,0100 50 5c),0013 SO 50,00(3 LID 10 TIGAQD ST fiXTE,41109 '4o Asti St -- New ST La-r k DaAWArc 325,00d 80 260,000 20 65,000 L10 Q1(4k1'T OF WA`( 400,000 eo 31(),000 20 60,on0 1.10 RaLOrAT>= ?A% .ILQm) TArcxs 500,oaa 80 400,000 7-C) IOo,oaa 9A,LR0AO Lo. 1 1 ON-OFF RAWAS lb PAGFtL Fk%W @ Cam-eec,al 4 Ti c nl SArQo+s GOO,600 10 120(0130 1 $O 4rrh,oa0 STATE l2 5At-Arr^a-Y SeLoea (CoM.neecal S+.ac•ass RlL -+o Qu;m%,�, S+) 159, 000 O 100 159,600 5FYyy-r- ruHD 13 CIVIC. CE-,iTa(Z LANG 4 (3UIlAln(GS /1.,000,000 O 100 9.,600,0130 G.O.G10Na 14 1-ANt,� 0aEa1G 50,o0p O l00 5011600 5DF PAQ.r- 250,oda O 100 9.90,000 STAre 1 S OFP-Srv.-EY PA L%-j jC 1,07 5,ao0 1.0 '2115,000 60 860,000 L-1 D 1(13 MAIN STurEVT PEDESTQ.IAN Aw12NlTI9iS AN6Lr,'PARlGN4 530,000 80 +14,000 10 10(0,000 LID 11 PLANWt IG AOM(fAISTRA-rIGt�1 C)UQ-Iklry LcAPLIMENT IU Ell 85 00 100 650400 O - 1,�99 250 Ll ED '25G,300 SDC I O2, 100 SDF 7 C. Da S-rnTE. TO AL /1,000,00n G.0.13OND I oU,0Q0 RAILQ-OAD (p. 1 1 00 0 SAN.SEV&D fituO 8 T1 Soo 40-II Go 850 59.8 5 38i',c SO -ramm. • TA8L6 �� EXPENDITUTZE5 4o AtAWAL PROJECT IMPR®VIrMWATS 5ASED on TA-A OACMEMEMr INCOME. REESULTMG F24M sfaum TI G A R® U R'BAN DIPFEILENT TAX R.AT9s j GR®wT9 ESTIMATE A PL AREA USING CUT22GNT METAODS o JAXl1JG1 US11JG MDUCSO TAXING MSWOD (+3%tZ.dool�'.n) @ TAX RATE o£ '� T� VA G TAX 'RATE of 6 40.00 @ TAK SATE o-V 'ffi 13.01 @ TAX ZAT6 a P � 11.00 T.I.REVENUB 71.RsV51CUtd UD .t•RE.YSNUE Y.I.VZVEllUl- TI.Rf:VWlUE I•vrQrRUE- T•t.UhnNUr. T•I.REvriwL .I.QEWAUE TI 1104 lA T."WEROS Al/AILABCIc 5PQt1T t VAlLA6LE SPIT tjAlAtilCE AVAILABlB SPRNY QhUWCE AVA1f A[3t-6 SANT BAlAt1GPr 1=1$CgL Fi�R YEAR DURING VR. 1.10 FO(b YL'ASL Oull u; M. Cp YR.END f02 YGACL DU0.1N4 YR. 0 YR.-END FOR YEAR DURdtIG YR• C,YR.134310 YSAtt i. 3 1 2.1481 -82 NONE NINE Nome�1983-SM �` i # * + 1984-85 '2' 17,543086o T1440 43290 4,110 17920 , 2.,070 15,070 12,810 2,260 280 •49,310 41,g10 '7,400 37,130 32,070 5Woo 31,900 'I 110 A790 1986-87 116 000 48 X00400 96,710 82,210 14,520 03,810 54,'140 9,570 53,960 45,870 B4O90 Iq87-88 181,300 159 Zooloo 158,200 134 410 23,7 30 90,980. 77,330 13,(o5o 87,110 74 040 13,070 1988-89 263,800 24,230570 _V13,050 189,540 39 460 141,'S 10 I•L1,a10 '1.1,500 ra'700 10,},290 113,410 148 -10 342,690 292690 50,00o 289,600 24ti,33o 41,470 [4- 1994. 8,250 Holo 282+3 159.•400 135,490 2s'gfO 1490-91 30fl,510 318,510 50,0430 3(.7,820 3t7,82D 50,0003923o 203,350 35880 '101.'300 Ii1,950 30,550 1991-9l 444 TIO 344,710 50,000 450 160 400 I�0 50,000If Itlo 25► 750 4-+.+3o 250 40 212 870 37,570 1992-Q3 605 940 555,890 50,000 57fl too 470, too -5(3,00 050 q,7t) 300,230 501000 296 12th 251,1od 44 20 1993-9h Gr' Slo 61S„10 50,000 510,520 5Lo,520 50,000C 1,GOO 383 4130 50,000 33fc,28o 213628p So,OW 95 -717,410+ 6�7,RIG450,000 t14-,810 564,810 50,00017,410 361,410 50,000 360fn50 310,CayJ `AtOOp 1995-96 "788,310. '139,200074,270 624,210 50,000 45G,o O 4666'090 So,0oo 393 d803;830721770 079,770 50,04315 4-JZ I o A4L 150 50,0p0 41Z 870769,900SMIO 50,000 50 loo459 100 500430438 no 3$ 1701998-9 rv79c 591 );4110 475 750 50,000 461 7-50 qo2 2� 5o 43(10 19 -oo 5650 515,00 50,0043 4854'10 �}35a90 30,00° ,�-0! G 83 9 633,140 50100o 58rD00o 5u.000 50,000 213,84 213,840 0 650540 Goo 540, 50 Mt (G$,4lw7 4G5,�0 c COI,.1. INCLU013S ANNUAL ESTJMATP-Q T.I.141MAE (T-41. I9 PLUS DALAQC-F- FWM t'RE\IIOUS -r/z COL.2. po1ZT{C)l l o� THE 3,606,850 (Ta.6le '15 a.0--1NFLAT6D 91% PER Y2.•- 5PF-UT DUTZ1144'(EAR- ITOial exp>:nd1kure sl,a,It 11-t eswaad t5,6Ji0,000" C;OL.3• BALA.MCE at IMCOME @ KEAW5 END, AVAILA8CE. TO (iE ADDED TO FOL.La twr.YR..-- (5°w o� Income, nod �a aucved ' 50,OCX7 Co+aw� yx✓' -- - TAX IIJGIa-EMENC I'i2ZC1=1=G5 USE.0 TO TzE-nM SJioRT-TERM WJi'C 7 TA6LE 27 ANNUM. TAY. 1NCIZEMENT FUNDING FOR F90JE&c,T'�i .... TWO �TI G A R 0 UP-BAN iffipROVEMENTS ... GR�OWT l SST1�/!�T "A TAX RATE5 EACl-1 (9 TWO TAXINC.4 Idl R� ��. USING CUTZtZI;h1T M�Tt-10D� ;f TAX usiiIG �DUGEO TAXING M��G� ��g�R�°t� 1I,00 @ TAX RATE o 29.65 @TAX RATE of �20.00 @TAX FATE c 13.01 @TAX RATE a AuNBAL: C,UMULATlVE VALUE AN►JUAL CUMULATIVE v�t.ue.rwr�• ANNUM. CurKutq'crvfi. vAwt.Tw¢k Au►1uAt. cuMutArNt vgwt. Wouc. in cwrow4 $ UIL" uatlaxn.rl >:XPE1.tUIT^ 1�(pES1017^ 6a GOIAPL'TO URESDIT- UXRbS OlY- 1^6 +��¢ ¢UQS50{T^ S plT- to (reGoMPL1C EXp6�917- SXPtnID�T- 40 6e C010.Plso 'FISCAL •,V2E5 UIM6 tnN,r�•an{$ 1 1 3• - ` EAR i. noNk - Na Hb Nout NUN4 flout _ 1401 -$2 KOHE t1�HE _ NdNE NONO - I.lauF, NONE µakE - NUNt NONE 1982-83 µoNE NvHE 3 ,850 NONE NowE 3,Lo6,85o Nau� No�tti 3,(d� 50 1483-84• IloKE tyoNt 3(POG., Na"t 12,810 11,810 'r,94fo,520 1964-85 17 5 27 54o 3 S'SI "190 13 19 0 �5 Zoo. 4,�2 650 32,070 4l 220 4,081 200 Z7 Ilo 39r`a� 4,088,!070 1985.86 58,30G 85V 0 4 041 l 10 41 910 4�870 85,790 �,3Z9,olo ,gq.Zgp 101�q.6o a 312,4,50 1986-97 8 Goo 184 4'L2(.030 1 82270 147 47� 41244770 lh,o ISQ,830 4,558,000 4•,32,650 134 470 2 19 4 18 831 T,'S'S o I l8"1 q o A•,53'1 210 1987-83 IS9,700 343 6�W 121 810 $W,� 4ri33,do0 104,2 964,!20 4772,770 1988-89 224 230 5 7,$70 4,443 800 1 5 0 11 o 454'9160 ' 394,610 4,�11,170 198 -90 �4 Gvo 860,560 4, 7 186 14� 71 -0 9,(021380 IGo,UlO 4fd1,l010 4190-41300 Ili,ySo 57I,S�o 511471420 19Qp'9! 318 Slo I, ?9 070 44 to 0 317, 20 1,035,680 1027 050 203,350 6103,960 5, 1,5Z878o 4418230 4Q016o 1,435840 4 07 251,750 QlSrllo 5,Iµ5,600 2,870 784430 5,254,870 1491-9Z 3 7 0 05,940 '1.39 ,240 300,230 1,215,44 5,205,560 251,700 1,03Co,t30 5,4t'S 810 1442-93 55 8 0 '1.6 6 o 4 Ill 620 470 l0 1,9 19(o 350 286280 1,312,410 5,506,410 51A 520 2 x}2/0 '}6o Q,186 rD7o 3e3,600 1,599,540 19x3-94 61 Ip 2,700,t88 3,8x{8 17x0 I,RGG,950 5,181,`180 310,bSo Irfo33,o6o SIS81 L97 1994-9s 667,840 3,368,070 3,414 Geo 5(,4810 2 991 270 3 911 3671410 1 976,410 5,628,b4o 1495-96 7380 4106 270 2 452 8)0 �14,27U 3 (015 540 3,564 700 406,090 1,373,040 5,138 630 s� o 2,3So,28o 5,698 770 1996-14 833,830 4510 Igo -1,L5-SZ-710 fn7 770 4115 3 0 3,134 447 190 2,81S,13o 5,056,150 3 ��0 2,7a8,4so s,656,020 1497-98 761,560 56,80000 1 750.740 705 760 S 001,070 2 4 g Ito 475 750 3,744,9$0 A187.I,7QC 462250 3,140,700 5 649 6 1918-9 X78 30 5,680,000 215 550 6491(.0 435490 3,57196 5,bog68a 515 060 A 26 ,044 I9 -00 1.Id s 0 d ( 5(071 180 k 837„220 R 402•,180 979 550 4 21 , 5,$21,810 ,01 it, 536,000 4 5411,74.0 5,373,400 s ° G 3 3,940 5 4b6 160 4•,076.,390 O P W to5i l aq 000 'Loot-02 0 P 0 0° 2 P 213 840 5 680,000 4,147,900 600,540 5 192,140 _ o �Gs,4co 5,6-03 80, 0 Sulo Mum f) *•1002.03 TU Ca i-L Ts SUM NEE04D ­too,' YO OOMPLCt6 g0L6,4Rs ?-003' 4 ,,,2oos DOUJICS TAUG EXPE,NDITUQES Tao ANUAL PROJECT IMP(20VEME9T5 BASED ®n TAS( INCUMENT IWCOME IZESULTIMCm F74M FOUM TIGAR® UP AN IDIpFER°s r TAv P-ATF-s k GROWT9 ESTIMATF RENEWAL REA- U-51NG CUTZv-EjlT METHODS oI= TAXING USING 2SDUCV-0 TAXING METNaO @ TAX RATE o� 2x.65 G TAX R TE of 6110.00 @ TAX RATE o� ' 13.01 ® TAX SLAT 1: a 4, 11.00 T.{.REv T.I.REVEt(UE 9:I.R8VtHUE T.I.REVlHUE T.I.R.SVEHUE T.6REVGIIUE T.I.RfiVEHUE T I."VYHUE TI.REVt9►UJ6 T.I.REVEtJS T.I.iLt:v6N T•I.Rw6NUQ AVAILABLE SAEMT BALANCE AVA�lAR1.E SPE11T �ALANC6 ANAI AMIE Isp"T, WA►ACE AVAIIAOIE SP6i1T BA�IFKE FISCAL FORYGAR D>MIW.YR. (a YR.ENO FOR`!!AF- DUSUN4 `(U. @ YR•EtID FOIL.'(BAIL MMING M. Q Y2•GxD t 0¢YIAR OVRiKG`AL• P YR.6ri0 YEAR 1.. S 2. � 3. � �.. 2 � �. � 2. � �• �? 1. 2. � 3. 198! .82 DUNE NONE NONE NONE NONE NUut NONE NONE NOUP E u E C 1983 41 * + 1983-84 +� �c •� •w +M 1984-85 32,400 27,540 4,860 21,400 232 O 4,110 17,810 '15,150 2,(070 15,010 12,810 2,21n0 1985-U. 89,840 76,360 13,480 15,980 Co4,58UE3q, 1,400 49,420 471,0 10 7,FF10 41,190 35 520 6,110 1986-87 184,790 157,010 27,720 156170 132,8303,4.40 101,650 woo 15,250 85,950 73,060 12,890 1987-8A 312,550 265,6'70 46,880 2fc4310 Tli,6(00 650 111,940 1'}{6,150 251"190 145,310 1"L'5,560 21,810 1988-M ¢51,650 402650 50,000 3cg2790 332,790 50,000 249,000 111,650 37,350 210,54-0 178,960 31,580 198 -9a 594,410 534 610 50,000 sol too 452,100 50,000 331,440 281,720 44,120 280,ZA0 238,200 42,040 19Qa-91 14,100 50,000 742.,420 692,42o 50,Oo0 635 560 585,560 50,000 430900 380,`+005c),000 364,100 3 149!-92 924,21(3 874 210 F0 000 71s24o 739,2-1 50,000 530,910 4-ao,910 50,000 4 5 ,610 406,610 50,000 1942-93 Ir091 220 1041,220 $U•o16 930,530 88OS30 50,000 67,6180 57 7,7&1 50,000 534,290 484,290 00 0 50, 0 1943-94 1224,400 1,174•,400 co,0o0 1,043 150 993 150 50,000 (o9(0 040 646040 So,oco 596,L30 546,230 ---------:- 1994-95 433 85o 433,tNso 0 1,1 So 130 I,101,130 50,000 766,6430 116,ia8o So,aoo 655gso 605,950 S6,00(3 1995-96 1 4A46+ 149.490 0 8`2,2w 812 220 50,000 73 ,740 6e�,74o 50,000 1996-97 9 ScI 7.30 909 230 50,000 818 750 768,750 50,000 1497-98 37a, 1`0 b7g 160 0 872,470 822;470 501000 391,150 381,750 O 1995-9 19 -oo t.000-e I COLI. iNCLUDES ANNUAL ESTtMATF-o T.1.ltlaYAE (T.L1. '0) PLUS DALAQr-F- Fwm PRE"oUS `ttZ. COL.2. PM-rIOM a THE 3,606,850 (Tables 25 a.L) tNFLAT1:a @ T°�° PER Y2.•• •SPEI•IT DUR194,-(E&P- (7o�al expond.•l ee 5t,otl� e00 -4o4"m-80,000)0� COL.3. BALAUCE o� ItACome @`IEAW5 EUD, MIAIlA6LE To 13E ADDED To FOU.0IWIN4 �jeAjL•• I5% o•F Income, no•F +o el<caec4 4 50.000 r aN� yam-: _y-rAx INCR. PROCEEOS U5ED TU tZEtt2r. 5MOt2Y-T6RM tDTV- TABLE 29 ANNUAL TAX INCIZEMEWT FUNDING FOP- PROOUT IMPROVEMENTS -.. GROWTH p51"jMATF. %% TWO TIGARD URBAN TAX 112.p►TES EACH @ TWO TAXING METHODSPL R USING CURtz�t�7 MEt"MUDS USING QEDUOsU TAXING ME1110D (�s�•uad��}�o��1 @ TAX RATE o£ 5 G TAX SLATS of 6 2aw @ TAX RATE o C 413.01 (@ TAX R.AT5 a 11.00 ANIIUAL CUMULATIVE VALUE•f WRC ANNUAL GU.MULA-MIG VAIUl�SW�RK. ANtJUAL CUMWAT1�l6 VAUIE•;WRC. Aut1UAL GUMUguo IRTIY! YAWi WRk. EXPSNOI- UCPLcNDI-= TO8!NMPL TO upla►101-• expel D1 '- TO D1 C�MPL f0 ETURLS - TIUIciS PERDI- in Burr n}ffi STUU"s PTTURI I iONren}leu CURES TURGS in curry n}6 TUQ.C9 TUR05 Incurren{ 1. � I9at -az 1982-83 ►983-84 1984-85 27540 27 5 O '5,6 0(.,S 5 0 23,2ga 23,290 3(n000 850 IS,150 IS,I;o 3,600 ,850 12,514 12,8 O 3 850 1985-86 760360 103,90_03782 l0 64,580 871v7o 3:744750 42,U1a 57,160 3,817,320 35,Sto 48,3'30 3,823,810 ►996-87 157,014 2�U,410 3 89 U,710 132,830 'L20,'700 3,9'L1,55o 8G 400 143,5(00 3,998,130 73,0(44 t21,390 4,OItjA 1987-68 'L(o5,00 5210,(440 3,897,310 224660 4453100 9,911,62.0 146150 289,710 4,131,850 12.3,5(.0 ti94,950 a,I7rn,15o 1988-69 A-wL.65o 929,290 3,7107,SGo 332,790 778 150 3,923,480 21 l (�50 501,3100 4,209 430 1781yr.0 413,`114 51,2851,524 198 -90 134-/010 1,4-(43 900 1496,680 45-1,100 1,130250 30tra,010 IL 783,080 a,Z12,370 238,200 6/42,110 4•,3S1,Sato 111=1111119903-91 X91,470 215 ,310 3,049,020 5055 0 1,815,810 3,422,080 380,900 111103,980 4 131,0+0 314,1oo 97/01110 4,342,090 1991-9Z 87420 3,030,530 2,388 1�0 739 240 2 555 100 2 Q 1t 430 480 410 1,644,840 3 yµ5 724 406n,101p I,�Jf37 81A 4.239,430 1992-93 (,o4112p 4,011,750 1151i,1oo 880530 3,43 G 2,141,064 512,780 2,117,610 3,1049,140 48417-510 1,061,110 4,051,goo t943-44 I,17A 440 5 2460 150 445,794 493,150 h,428 780 I,41 1,200 6"040 1,8 3,110 3,258,540 54107.30 '1141 3'40 3,789,300 1994-95 4'15 1350 E-6 a 0000 4b 150 1,1 o 1,134 -1-5 30,510 408,150 71c0,(�80 3,580,390 2,76�,g6o &R i,el0, "o 3,014 210 3,448 600 1995-96 149,490 5(080,000 2.$1,3�',O 812,27.0 4,3511 G10 2,1s t,63o ,7uo 3,10(c,030 3,00--1,160 1996-97 409,230 51301,840 I,391,010 166,75° 4,474;780 1,444,744 199?-98 y 378 160 5,1480,000 1,112,370 2,470 5,197,150 1,793,400 S1(080,000 11536,190 } oz 19 -00 o-; tot iA00.O1 t3 0 d:wr o� O�o•Mao N a „ H �qqs7�s7 y,vl-O2 JQVf,p,j0 VVY1�N0 p'Sd o Z QJV viW��t Pu� vi ^c�ail 00co� $QP$+ +ADI-M-Z +f►tL 40=:z �Ya�iau° YPMaoo ... N�yy O'�pW N�PNPW �pW-.IAvZ 14 pla'IA�3 CITY®F TfG� WASHINGTON COUNTY,OREGON TO: Members of TURA FROM: William A. Monahan, Director of Planning and Development DATE: July 8, 1983 RE: TURA Advisory Committee Recommendation On Wednesday, July 6, 1983, the TURA Advisory Committee met and discussed Working Paper No. 7 prepared by Lyle Stewart. The committee evaluated the information and determined that some projects listed by city staff and the consultant should not be included in the list of project activities. Following is the Committee's modified list of proposed projects : TOTAL TAX INCREMENT OTHER SOURCES PROCEEDS 1. Burnham St. Reconstruction $240,000 $ 96,000 $ 144,000 2. Commercial St. Reconstruction 168,000 67,200 100,800 3. Ash St. Reconstruction 120,000 48,000 72,000 4. Scoffins St. Reconstruction 90,000 36,000 54,000 5. Tigard St. Reconstruction 200,000 120,000 80,000 6. Commercial St. Reconstruction. 224,000 134,400 89,600 7. Main St. Bridge �i300,000 60,000 240,000 S. Connector St. from d C- e-al to Burnham 9. Tigard St. Extension a. right of way 400,000 320,000 80,000 b. relocate RR tracts 500,000 400,000 100,000 10. Sanitory Sewer 159,000 0 159,000 11. Fanno Creek 300,000 0 300,000 12. Main St. Pedestrian Amenities 530,000 424,000 106,000 13. Planning and Administration 850,000 850,000 0 S. v{f S-/, k,h 5 /, o 7 S W�-, 2 / IThe Committee modified the list in Working Paper No. 7 by eliminating 9, 10 (a) and 13 while modifying item number 8. Members of the Committee will be present to discuss the proposed modification at the TURA Meeting. 0076P(dmj) 12755 S.W.ASH P.O. BOX 23397 T!GARD,OREGON 97223 PH:639-4171 ` CITY OF TIGARD, OREGON '! COUNCIL AGENDA ITEM SUMMARY AGENDA OF: 7/ 11/83 AGENDA ITEM #: 8 DATE SUBMITTED: 7/7/83 PREVIOUS ACTION: ISSUE/AGENDA TITLE: Portland Chain REQUESTED BY: Simm Co. Properties Inc. Michael McKenna f DEPARTMENT HEAD OK: CITY ADMINISTRATOR: INFORMATION SUMMARY Simm Co. Properties Inc. requests that the City Council consider changing the comprehensive plan designation and zoning for property at 9770 SW Scholls Ferry Road from manufacturing to commercial. The change took place upon adoption of the Comprehensive Plan Map and Interim Zoning Map by the Council in March of this year. Since adoption of the plan, the Council has allowed several property owners to receive a waiver of the appropriate fees for comprehensive plan amendments and zoning changes. Also, the Council has waived the restriction on application submittal which limits consideration of a comprehensive plan change to April and October, unless Council initiates action. A letter dated June 13, 1983, outlining the reasons why Simm Co. feels their request should be honored is attached. A June 16 letter is also attached which illustrates that the company delayed action in order to assess their situation. On June 23, I met with Mr. McKenna and his clients to discuss the matter. ALTERNATIVES CONSIDERED The Council may grant the applicant an opportunity to pursue the comprehensive plan and zoning change through the Planning Commission and City Council. This may be done with or without a fee waiver or Council may determine that the change of designation should remain in place without review at this time thus leaving it to the property owners to initiate a change in October or later. SUGGESTED ACTION Staff recommends that Council initiate no action at this time given the E status of the comprehensive plan. The Planning staff is now processing several applications with fee waivers which will be heard by the Planning t Commission into August. Council consideration of these applications will run through August. When the Council agreed to all but one of the fee waivers 3` at its aeeting May 9, the intent of Council was to limit the fee waiver. " �, First FanvcS1 Builciin}; si a a��i 1�''1 co 4()()SW tiixth,SLUIC IIC)6 i i 1 f PO Box 41(j2 ' PROPERTIES, INC, Portland. orcgon 97208 (503)222.059:5 �1 June 16, 1983 y ` Mr. William Monahan Director of Planning Sc Development City of Tigard P.O. Box 23397 Tigard, Oregon 97223 Re: Portland Chain Property Dear Bill: I received your letter of June 14th and want to inform you that we have taken ourselves off of the agenda for next week's meet- ing. i took this action because after having a day to mull over all of the ramifications I felt it would be better if I spent the next week or two gathering all of the facts and back- ground data before I make a presentation to the City Council . I want to thank you and your staff for the cooperation shown me in these last few hectic days. Undoubtedly, we will come back to you with some more questions before we make our presentation to the Council. Sincerely, r is ael McKenna MM/J g /'� first 1-;tr•,%c�i fit:jl(it,ig S i m m/ ® 4()()S\\'Six ltl.Skit i(' I I(ifi PRO PEEH IFS, INC. 1'tuti uui. cta tat�i72urt June 13, 1983 Y G� O Mr. William Monahan Director of Planning & Development City of Tigard P.O. Box 23397 Tigard, Oregon 97223 RE: PCM Associates Portland Chain Property, 9770 SW Scholls Ferry Rd. Tigard, Oregon Dear Mr. Monahan: This letter will recap our telephone conversation of last Friday regarding the unannounced rezoning of the Portland Chain Site to M-4 last March 16th. PCM Associates , the owner of the Portland Chain Site, spent a great deal of time and money to obtain a change in the zoning for this parcel to C-3 in 1980. The agreement to change the zoning was done as an ordinance by the City of Tigard as part and parcel of a consideration for approval of the City of Tigard 's request to annex the property into the city. PCM Associates sought the rezoning at that time to accomodate a better and more productive use of the property and subsequently sold approximately one half of the site to Toys 'R' Us which required the C-3 designation in order to legally establish their business on that site. PCM Associates has just entered into an earnest money agreement for the sale of the remaining parcel, which includes the Portland Chain Plant, to a major furniture retailer for a retail showroom/sales outlet. This sale is predicated upon a C-3 designation - a designation we understood was in force by agreement and ordinance with the City of Tigard. Now, we are informed by your office that the zoning designation for this parcel has been changed back to manufacturing. Unless immediate action is taken by your department and the City of Tigard, the sale of this land and buildings will be in jeopardy, and this would result in a substantial economic loss to PCM Associates . I trust that by prompt action of your department and the City of Tigard we can have the C-3 designation returned to this parcel within the next two weeks to accomodate this sale, and avoid a legal entanglement . City of Tigard - Pg. 2 The background of the initial zoning designation change from an M-4 to a C-3 may be helpful in your understanding of our adamant insistence that the designation of C-3 remain on this property. PCM Associates , through their attorney, Mr. Terry Hauck, and Dick Close of Frank and Associates, negotiated with Washington County and then with the City of Tigard to change the designation of the entire eight acre parcel to C-3. The City of Tigard recognized the need to change the zoning in light of the development of Washington Square as a major retail shopping center and the Portland Chain Site would better serve the needs of growth and comprehensive development to be designated retail. The City of Tigard was eager to annex this parcel and the adjoining parcel along southwest Cascade Drive into the city and thus an accomodation was made between the needs of PCM Associates and that of the city. The City of Tigard Planning Director and the commission itself approved of the rezoning on August 5, 1980 as evidenced by the letter to Mr. Close of August llth, which is included with this letter. The land was subsequently annexed into the city of Tigard and by city ordinance #81-58 the designation of C-3 was approved by the City Council on July 13, 1981. A copy of that ordinance is also included with this letter. The entire parcel was zoned for retail use and PCM Associates consumated its sale of one half of the parcel to Toys 'R' Us , a retail toy outlet. PCM Associates then placed the remaining parcel of property for sale this spring and was fortunate to arrive at an agreement with Levitz Furniture Corporation on May 25 of this year. The earnest money agreement signed between the parties anticipated a C-3 zoning which the sellers asserted to the buyers was in fact the zoning in place. No notice was given to PCM Associates , before our telephone conversation of last Friday, that the change had tom...... ..a,. a-.. the zcn-;r, Aoc-; or,flti nn_ The rnm_nrAhAnCi_ve elan can made a..v `...v uv�� ---- - - - a which established the redesignation was contrary to prior agreements and covenants between the City of Tigard and PCM Associates . It is not my purpose in this letter to attempt to establish legal basis for either side 's actions so I will avoid pointing fingers. The change has placed PCM Associates in a very difficult position from which we expect full support of the City of Tigard, its Council and Planning Department, to rectify immediately. The sale of the Portland Chain Site to Levitz Furniture requires a C-3 designation and the sale is zow in jeopardy unless we regain that designation. The use to which Levitz Furniture will put the site is exactly as the Planning Department of the City of Tigard envisioned back in 1980 as evidenced in the Staff Report of August 5, 1980 and the Conditions to the Approval by the Planning Department. Copies of both those dccuments are included. City of Tigard - Pg. 3 Please present this letter and our request, together with the accompanying background documents and your letter of recommendation, to the Council Members prior to tonight 's council meeting. The request should be made that they direct the zoning to be changed back to C-3 immediately. We will accomodate your needs in any reasonable manner to effect the change no later than June 27, 1983. I will be in attendance at the council meeting and will be prepared to speak on behalf of PCM Associates. If you have any questions between the receipt of this letter and the council meeting please contact me at 222-0595. Thank you. Sincerely, u� Michael McKenna, President SimmCo Properties , Inc. Managing Agents for PCM Associates WI/.7g Encr. C1 O TII WASHINGTON COUNTY,OREGON August Il, 1980 Mr. C. R. Close FRANK AND ASSOCIATES 6625. NE 82nd Avenue Portland, Oregon 97220 r REFERENCE: ZpNE CHANGE, ZC 16-80 (PCM Associates/Frank and Associates) LOCATION: 9770 SW Scholls Ferry Road Dear Mr. Close: r Please be advised that the Tigard Planning Commission at their regrlar 1980, approved your request for the above referenced meeting of Auj TCt 5, project.: This approval is subject to the following conditions: 1. No Final Action shall be taken on this request until this parcel is annexed to the City of Tigard, at which time it shall be zoned C-3 "General Commerclal . 2. if more than two (2) retail outlets ase contemplated the Planningor this pCommi ssion the. owner of the land shall apply for said use for approval. (This condition relates to the entire parcel including the present structure leased to Portland Chain) - 3. All development shall be subject to Site Design Review-. If we can be of any further assistance, please do not hesitate to contact OF this office at 639-4171. Sin re r die and pi . Ing Director i AHvmc i NOTE: This acknowledgement must be signed and returned to the City of Tigard, I Planning Department. Failure to return this acknowledgement will result in LXigact'r n this project_ ture (App Can Dat 12420 S.W. �M^!N P.O. 80X.23397 TIGARD, OREGON 97223 Pi f: 639-4171 FRANK & Associate STATE OF OREGON) )ss City of Tigard ) I , DORIS HARTIG, hereby certify that I am the duly appointed, er of the City of Tigard, Oregon. qualified, and acting Record I further certify that I have compared the herewith copy of ORDINANCE No. 81-58 of the City of Tigard with the original in my possession as custodian of the official records of the City of ffic Tigard, and that the herewith copy is a correct transcript of the whole of ORDINANCE No.81-58 i IN WITNESS WHEREOF I have hereunto set my hand and the seal of the City of Tigard this 14th day of July , 19 81P City Recor er 4 MIR all SE L e S i t t a t i 't l i CITY OF TIGARD, OREGON { ORDINANCE NO. 8l-___f'- AN 1- f'-AN ORDINANCE ADOPTING FINDINGS WITH RESPECT TO AN APPLICATION FOR A ZONE CHANGE TO THE 1975 NPO #2 PLAN MAP OF THE CITY OF TIGARD DECLARING AN EMERGENCY AND FIXING AN EFFECTIVE DATE. (Portland Chain/Toys "R" Us) PLANNING DEPARTMENT REFERENCE INFORMATION Tax Map 1S1 26C, Tax Lot 1802 , Project Address 9770 S .W. Scholls Ferry Road, File Number ZC 16-80 , Present zoning designation M-4, Zone changed to C-3, Applicant PCM Associates . THE CITY OF TIGARD ORDAINS AS FOLLOWS SECTION 1 : Finding that the lands hereinafter described are now classi- fied as 1�I-4, and further findings that pursuant to procedures , the above stated application for a zoning map amendment was presented at a public hearing held by the Tigard Planning Commission on August 5 , 1980 . All interested persons were afforded an opportunity to be heard at this public hearing. Therefore, the Council adopts the following substantive .findings : A. That this application is in conformance with the C-3 designation on the adopted NPO 7#2 Plan Map . E B . That the proposed zoning is compatible with the surround- ing neighborhood as determined by the Tigard Planning Commission. SECTION 2 : Therefore , pursuant to the requirements of Chapter 18 .88 of the Tigard Municipal Code , this request for a Zone Change to the NPO 1#2 Plan ylap of the City of Tigard is hereby approved subject to provisions of Chapter 18 . 28 of the Tigard Municipal Code as embodied in adopted Exhibits "A" , "B" , and "C" attached and made a part of this Ordinance . The zoning designation of the subject property is hereby changed to C-3 Commercial . Exhibit "A" : Legal Description - Exhibit "B" : Tax map - Exhibit "C" : Staff Report And further subject to the following conditions : , 1 . If more than two (2) retail outlets are contemplated for this parcel , the owner of the land shall apply for said use to the Planning Coin- mission for approval . (This condition relates to the entire parcel including the present structure leased to Portland Chain) . 2 . All development shall be subject to Site Design Review. SECTION 3 : Inasmuch as it is necessary to the peace , health, and safety ORDINANCE No . 81-_p of the public that the foregoing zone change in the City' s records become effective , an emergency is hereby declared to exist , and this ordinance shall be effective upon its passage by the Council and approval by the Mayor. PASSED: By jtj,!L �s vote of all Council members present this /3 day of July, 1981 , after being read two times by number and title only. Recorder - City of Vgard APPROVED: By the Mayor this _day of July, 1981 . Mayor - City of Tigardd ORDINANCE No. 81- Page 2 Title pofa­ y A Stcck Cornpony He--nc O,.:ce - Richmond.Vir8inia SCHEDULE A cont'd. EXHIBIT "A" P.A.R C E L I: Situate in the Souther_st cpuarter of Section 27, Southwest quarter of Seciton 26, 14 a: est quarter of Section 35 end the Northeast quarter of Section 34, Township I South, Ra,-tge I Fest of the :Sillamette Meridian, in the County of Wzshir,^ton and State of C;gon, and bounded on the West by the Southern Pacific Railroad, on the North.,est by S.W. Scholls Ferry Road, on the North and Est by S.W. Cascade Blvd., more particularly descrited as follows: jv BEGINNING at an iron rod with JSM Cap sat on the Easterly right-of:,ay of the Southern Pacific Railroad a-rid North 89'52'5011 West 227-80 feet along the North line of said Section 34, and North 19015130" West, alang*'the Esasterly 50 foot right-of-way line of said Railroad 130.52 feet fzom a stone monumLnt found at!the Northeast corner of said Section 34; and running thence North 19'15'30" West, along:said rilroad right-of-way 328.15 feet to an iron rod with JSM cap set on the Southeasterly spiral curve right-of-way of S.W. Scholls Ferry Road; thence on said spiral curve (chord beers North 33°35130" East 47.44 feet) 47.44 feet to an iron rod with State Highway cap found SFB 42+92.24 P.S_ (100) :nsr!dng the Southeasterly 100 feet from the center line right-of-way; thence continuing on said line North 33°33'5017 East 101.85 feet to an iron rod with JSM cap set at the intersection t with the South right-of-way of S.W. CPscade Blvd.; thence North 89°491 Erst on said right-of-way 269.95 feet to an iron rod with JS'111 cap set at the beginning of a t�­Igent 100 ic.Dt radius curve; thence Southeasterly on said carve (chord bears South 55°59130-7 East 112.39 feet) 1-19.35 feet to an iron rod with JSM cap set on the Westerly right-of-way of S.W. Cascade Blvd. 50 feet from and parallel to the Westerly right-of-way of Highway 217, as monumented; thence on said parallel right-of-way line, South 21L'481 East 87.05 feet to an iron rod with JSM cap set opposite an iron rod with State Highway cap found at SYS 329-00 (130) /JSM 327+99.48 (130); thence South 19° 55125" East 154.31 feet to an iron rod with JSM cap set; thence South 70'54' West 446.98 feet to the point of beginning. PARCEL II: Situate in the Southeast quarter of Section 27, Southwest quarter of Section 26, Northwest quarter of Section 35, and the Northeast quarter of Section 34, Township 1 South, Rarq-e 1 West of the WiL'pmette Meridian, in the County of Washington and State of Oregon, and bounded on the West by the Southern Pacific Railroad, on the Northwest by S.W. Scholl Ferry Road, on the North and East by S.W. Cascade Blvd., more particularly described as follows: BEGI*.'i:ING at an iron rod with JSerI cap set at the intersection of the Easterly right-of- V-1a�y of the Southern Pacific Railroad and the North line of said Section 34, North 39 52'50" West 221.80 feet from a stone monument found at the Northeast corner of said Section 34, and running thence North 19'15'3011 'West on the Easterly 50 foot right-af-way line of said Railroad 180.52 feet to an iron rod with JSM cap set; thence Nor th 700 54' East 446.93 feet to an iron rod with JS,IM cap set on the WesterIy right-of-way of S.W. Cascade Blvd., being 50 feet from the Westerly right-of-way of High-ay 217; thence South continued... r''i1e N0. r'200805 Schedute A page 2 NO. H 735-471 EXHIBIT "B" Is I • ��jJ _moi 1 co . iG51�ss3s4J Ii._ f r C o� $ e s r-n /` 7 i3t.i 79 PrlL�C 97 g. ,-z , r m - g s6. d O 9at 97F ., tn - f` s SEE r_:PIS I Z-4 AA - I:SEE '3a 3 : _ , . ' EXHIBIT "C" STA.=F REPORT AGE`DA 5 .5 T1G:LcZ.D PL-kNINING CO?'_'•LSSION August 5, 1980 - 7:30 p-m. TIG:k=J SC:iOJL DISTRICT ADMINT_ST:ATIO'i OFFICES - BOARD ROOM 13137 S'r7 Pacific Highway, Tigard No sa btission of material by applicant shall be made at the Public Hearing unless the applicant is requested to do so_ Should this occur, the item will be tabled until the following Hearing. DOCKET: ZONE CHANGE, ZC 16-80 (PO4 Associates/Frank & Associates) N-PO n7 APPLICA-MT: C_ R. close OWNc.R: PCM ASSOCIATES FRAMK AND ASSOCIATES 1200 Standard Plaza 6625 NE 82nd Avenue 1100 SW 6th Portland, Oregon 97220 Portland, Oregon 97204 APPLICATION DATE: June 16, 1980 SIZE. LOCATION: 9770 SW Scholls Ferry Road (Wash_ Co. Tax Map 1S1 26C, Tax Lot 1802) 8.23 acres REQUEST: For a Cosarehensive Plan Revision from Comprehensive tone m.ap Designation M-4 "Industrial Park" to C-3 "General Commercial"_ STAFF NAPDATIVE: The primary issue here is the addition of retail space in an Industrial Park Z:Dne_ The Applicant wishes to change the Comprehensive Plan on this parcel to a more desirable zone for retail use. Under the present Zone of M-4,` retail sales are allowed "in conjunction with any of the foregoing Conditional Uses", one of which is warehousing. The Applicant has mentioned to Staf-- that this section of the Code is not specific enough to insure retail develop:rent_ Staff agrees- Under the proposed C-3 "General Commercial" designation, there is no question, nor is there a conflict with the Conditional Use Section_ • Portland Chain may or may not remain on this site_ However, due to the pact that Koll Business Center is being constructed to the Westand Highway 217 is to the East with Scholls Ferry to the North, and Par Gas to the South, further development on this parcel will have very little effect to surrounding property if the number of retail outlets is limited to large warehouse operations with retail outlets_ The Applicant. mentions Washington Square and the "waiting list"_ Staff would not support a similar use on this property_ This re.Yuast seems reasonable because of the area and what is presently t-Ung i place on other parcels along Cascade. Power Rents is close to retail, the difference being that what is taken off the property is returned_ Par Gas has a small retail operation_ Franz Bakery has a retail outlet also. s a - E. Al STAFF REPORT pr-SNDA 5.5/ZC 16-80 TIGARD PTS-=,`^SI`.IG CO.'SS-�ISSLON AugUs t 5, 1980 Page 3 b_ If atore than two (2) retail outlets are- contemplated for this parcel th Te owner of the laid shall apply for said use to the Planning CO��ssion M1 for approval. (This condition relates to the entire pa, including the present structure leased to Portland Chain) _ ;,11 develop.:ant shall he subject to Site Design Review. t • p ' _ t f =// AA �fl.rard, Plar_ni-ig Director r f I w STAFF REPORT AGEN oA 5.5 TIGA-RD PLA KING Co,•t-lISSION August 5, 1980 - 7:30 p.m. TIGARD Sr-IOOL DISTRICT ADAIINISTRATIO�T OFFT_CES - BOARD RCOi: 13137 SW Pacific.Hignwa_v, Tigard No submission of material by applicant shall be made at the Public Hearing unless the applicant is requested to do so. Should this occur, the item will be tabled until the following Hearing. DOCKET: ZONE CHANGE, ZC 16-80 (PC.-%I Associates/Frank & Associates) NPO #r7 APPLICANT: C. R. Close OW`N-ER: PCM ASSOCIATES FRANK AND ASSOCIATES 1200 Standard Plaza 6625 NE 82nd Avenue 1100 SW 6th Portland, Oregon 97220 Portland, Oregon 97204 APPLICATION DATE: June 16, 1980 SITE LOCATION: 9770 SW Scholls Ferry Road (Wash. Co. Tax Map 1S1 26C, Tax Lot 1802) 8.23 acres REQUEST: For a Comprehensive Plan Revision from Comprehensive Zone Map Designation M-4 "Industrial Paris" to C-3 "General Commercial". STAFF NARRATIVE: The primary issue here is the addition of retail space in an Industrial Park Zone. The Applicant wishes to change the Comprehensive Plan on this parcel to a more desirable zone for retail use. Under the present Zone of M-4,retail sales are allowed "in conjunction with any of the foregoing Conditional Uses", one of which is warehousing. The Applicant has mentioned to Staff that this section of the Code is not specific enough to insure retail development_ Staff agrees. Under the proposed C-3 "General Commercial" designation, there is no question, nor is there a conflict with the Conditional Use Section. Portland Chain may or may not remain on this site. However, due to the fact that Koll Business Center is being constructed to the West and Highway 217 ° is to the East with Scholls Ferry to the North, and Par Gas to the South, further development on this parcel will have very little effect to surrounding property if the number of retail outlets is limited to large warehouse operations with retail outlets. The Applicant mentions Washington Square and the "waiting list". Staff would not support a similar use oma, this rros;eriy. This request seems reasonable because of the area and what is presently taking place on other parcels along Cascade. Power Rents is close to retail, the difference being that what is taken off the property is returned_ Par Gas has a small retail operation. Franz Bakery has a retail outlet also. STAFF REPORT AGENDA 5.5/ZC 16-80 i TIGARD PLANNING COM--ISSION August 5, 1980 Page 2 Will the entire Cascade Avenue area eventually go commercial? No. The area iswell established as an industrial zone_ One proposal for this site is. for a large furniture warehouse with a retail outlet. If this Applicant had proposed a greater number of retail outlets, Staff would not have made the reconms endation included herein_ It is further suggested that should this become the case, the Applicant'.should return to the Planning . Commission for approval of all future development. At the present time, Staff is working on a large annexation proposal in this area. We expect to be before the Council in September with the initial Resolution_' If this request is approved by the Planning Com;-ission, we would Zone the land C-3 at the time the Council approves the Annexation Ordinance following the Boundary Commission Final Order_ This process includes at least two more Public Hearings. The NPO #7 Chairman has been notified of this proposal and we have not received corrr.,ents. I. FINDINGS OF FACT: 1. This parcel has not been annexed to the City of Tigard. An annexation petition has been filed with the Planning Department and Staff expects Final Action soon_ 2. The current Comprehensive Plan Designation is 1,1-4. Applicant wishes to change the Comprehensive Plan Designation to C-3. 3. All public services are available to this site. Cascade Avenue at Scholls Ferry Road is a lighted traffic intersection_ II. CONCLUSIONARY FINDINGS: 1. Cascade Avenue is sub-standard. If development on this parcel occurs-, the necessary improvements will be made as a condition of development-- 2- evelopment:2. Site drainage issues will be addressed at development. A local i=rcve--nnt district may be formed following annexation of several parcels in this area. 3. All development will be subject to Site Design Review_ III. STAFF RECOMMENDATION: Staff recommends approval of this Comprehensive Plan Revision with the following Conditions: 1. No Final Action shall be taken on this request until this parcel is annexed to the City of Tigard, at which time it shall be Toned C-3 "General Commercial". STAFF REPORT AGENDA 5.5/ZC 16-80 TIGARD PLANNING COi•L*tISSION August 5, 1980 Page 3 f 2_ If more than two (2) retail outlets are contemplated for this parcel, i the owner of the land shall apply for said use to the Planning Commission E for approval. (This condition relates to the entire parcel including the present structure leased to Portland Chain) - 3. hain) _3. All development shall be subject to Site Design Review_ t E r i � t i i t ard, Planning Director - i • - i t - r r i i k i ' 1 • •- _ - '?• - .. _ 7 f- �. 8 �'.7•- � �'-4.231 C3L- � -. Is lbp .. - - .- - - �j acs ��,. ��-_ �`!9 =,� 1 �• .-r-s _.'_�__ � - - Say T!• 7t _ _ C3 1L,3 � l � = as 'f �' • / ._ Zi - _ / ci� - SLS L—, -.XD 1•+ Ira 4z 4 Z"4 its 341-1 ID iT 8 TT s 111\ ��Jt' :d �'s-3 •. r �. •- � SEE MAP - .. LS ! ZAAAD f a 34 •.35 SEE : - `f c' OF TIOA�'d WASHINGTON COUNTY.OREGON July 11, 1983 REPRESENTATIVE TOM THROOP, CHAIRMAN AND COMMITTEE MEMBERS HOUSE REVENUE COMMITTEE STATE OF OREGON SALEM, OREGON SUBJECT: SENATE BILL 78, PROPOSED SECTION 3 Honorable Persons: Attached is the letter from the Department of Revenue attesting to the State's part in the error on the City of Tigard levy. The voters approved this measure in May by a significant margin, but due to the error it would have to be invalidated. The ratification of this levy is essential to maintain the services desired by the voters. The City's share of the Senior Center program would otherwise be invalidated. Two-thirds of the levy was for police and layoffs will otherwise be necessary. We appreciate your consideration of this important matter to our community. Yours truly, CITY OF TIGARD Or`�`Z� �. Wilbur A. Bishop, Mayor WAB : dkr CC : State Representative Norm Smith City Attorney Ed Sullivan City Council Attachment 12755 S.W.ASH P.O.BOX 23397 TIGARD,OREGON 97223 PH:639-4171 Oregon Department of Revenue ^ YICTOA ATYE" REVENUE BUILDING 955 CENTER STREET N.E. SALEM, OREGON 97310 July 8, 1983 City of Tigard PO Box 23397 Tigard, OR 97223 In January 1983, I spoke by telephone with Doris Hartig. The purpose of the conversation was to go through the 1983-84 adjusted levy computation. In going through the computation, the 1982-83 adjusted levy figure was used for the base year operating levy rather than the actual 1979-80 base year operating levy. Neither Doris or I detected ( the error. This error resulted in an adjusted levy figure in excess of the city's tax base. On the basis of this computation, it appeared the city had some "A" levy authority. In fact, it does not. Because the tax levy approved by the voters stated that the taxes would be partially funded by the state, current statutes dictate that the levy cannot legally be extended onto the tax roll. The city must re-submit the ballot measure to the voters as a levv to be totally funded by local taxpayers without any partial state payment and gain approval of it if they wish to levy it for 1983-84. Vicki K. Kirkpatrick Budget Analyst Local Budget Unit 4 i t Legislative Counsel • SB 78A-2 7/9/83 (93) 1 PROPOSED AMENDMENTS TO A-ENGROSSED SENATE BILL 78 On age 1 of I�:ne 2, after the semicolon the printed A-engrossed bill, 2 p new provisions; and". 3 insert "creating 4 On page 3, after line 7, insert: "SECTION 3. (1) Except the requirements of ORS 310.395 that a measure t 5 6 submitted state the total amount of money to be raised by a proposed tax levy [6 P ents, nothing in ORS 310.395 invalidates or 7 in dollars and crenders 8 ineffective any city levy for a single year outside the tax base proposed an after April 1 , 1983, and prior 9 approved by the voters on or to June 1 , 1983, Y 10 if: with 11 "(a) The levy was submitted to and approved by the voters of a city 12 a population of 15,000 or less according to the 1980 federal decennial census; ( 13 and 14 "(b) The noncompliance with ORS 310.395 resulted from mistakes arising of 15 from information furnished or advice given by the Department ton Revenue.fotherwise 16 "(2) Any levy described under subsection (1) of this 17 lawfully made, is hereby ratified, confirmed and validated." . Oregon Department of Revenue VICTOR AnrEK REVENUE BUILDING 955 CENTER STREET N.E. SALEM, OREGON 973101 July 8, 1983 City of Tigard PO Box 23397 Tigard, OR 97223 In January 1983, I spoke by telephone with Doris Hartig. The purpose of the conversation was to go through the 1983-84 adjusted levy computation. In going through the computation, the 1982-83 adjusted levy figure was used for the base year operating levy rather than the actual 1979-80 base year operating levy. Neither Doris or I detected the error. This error resulted in an adjusted levy figure in excess of the city's tax base. On the basis of this computation, it appeared the city had some "A" levy authority. In fact, it does not. Because the tax levy approved by the voters stated that the taxes would be partially funded by the state, current statutes dictate that the levy cannot legally be extended onto the tax roll. The city must re-submit the ballot measure to the voters as a levy to be totally funded by local taxpayers without any partial state payment and gain approval of it if they wish to levy it for 1983-84. i Vicki K. Kirkpatrick Budget Analyst Local Budget Unit i E t E i � nik I- C 1 2 �.. 3 4 5 6 7 8 UNITED STATES BANKRUPTCY COURT 9 FOR THE DISTRICT OF OREGON 10 In re ) 11 ) WILBUR A. BISHOP, JR. , et ux, ) Case No. 382-03350 12 ) Debtors. ) 13 ) 14 In re ) Case No. 382-03906 15 MAIN STREET LAND CORPORATION, ) STIPULATED ORDER EXTENDING a Washington corporation, ) EXCLUSIVITY PERIOD UNTIL 16 ) AUGUST 31, 1983 Debtor . ) 17 18 Based upon debtors ' application to extend the 19 exclusivity period until August 31, 1983 , and the subscribed 20 stipulation of the Creditors ' Committee and the court being 21 fully advised in the premises, now, therefore, it is hereby 22 ORDERED that the period in which debtors have the 23 exclusive right to file plans of reorganization be and it 24 hereby is extended until August 31, 1983 , and the time in which 25 26 Page 1 - Stipulated Order I debtors have to obtain acceptance of the plans be and it hereby 2 is extended until October 31, 1983 . 3 DATED this 24 day of May 1983 . 4 ' 5 Donal D. Sullivan 6 United States Bankruptcy Judge 7 IT IS SO STIPULATED: 8 Don Cooper / 10 Chairman Credit rV ' Committee 11 12 in D. Padr ick ( Of Attorneys for Debtors 13 Present by: 14 15 Kevin D. ric . 16 Miller , Nash, Yerke , Wiener & Ha 900 S. W. Fifth Avenue 17 Portland, Oregon 97204 Telephone : (503) 224-5858 18 Attorneys for Debtors 19 20 cc : Kevin D. Padrick (card) 21 22 23 24 25 26 oa�c 2 _ Stipulated Order I Kevin D. Padrick J i Miller , Nash , Yerke , Wiener & Hager ( 2 900 S. W. Fifth Avenue C Portland, Oregon 97204 ��`-- 3 Telephone : ( 503) 224-5858 4 Attorneys for Debtors 5 6 7 3 UNITED STATES BANKRUPTCY COURT 9 FOR THE DISTRICT OF OREGON 10 In re ) 11 ) Case No. 382-03350 WILBUR A. BISHOP, JR. , et ux, ) 12 ) Debtors. ) 13LZ ) 14 In re ) Case No. 382-03906 15 MAIN STREET LAND CORPORATION, ) APPLICA`T'ION TO EXTEND a Washington corporation , ) EXCLUSIVITY PERIOD 16 ) UNTIL AUGUST 31, 1983 Debtor . ) 17 1S Debtors respectfully represent: 19 1. That they are debtors-in-possession in the 20 above-entitled cases as the result of petitions for relief 21 under Chapter 11 of the United States Bankruptcy Code filed on 22 October 21, 1982 , and December 3 , 1982 , respectively. 23 2. The period in which debtors have the exclusive 24 right to file plans of reorganizations will expire on June 1, 25 1983 . 26 Page 1 - Application 1 3 . At the time debtors submitted their application to 2 extend the exclusivity period to June 1 , 1983 , the Tigard City 3 Council was considering a proposal to establish a Local 4 Improvement District ( "LID") to aid debtors ' development of the 5 Main Street property. The LID will finance $611,000 in 6 improvements on Main Street, including roads , sewers, traffic 7 signals and regrading. (The council tentatively approved the 8 LID during February, 1983.) Although debtors were then prepared 9 to develop pro forma operating and cash flow statements 10 necessary for development of Main Street , the counc _1 voted to 11 delay final approval. Debtors ' attorneys ave engaged in many 12 meetings with the Tigard city attorneys, bond counsel and bond 13 consultants to explain the impact of the bankruptcy on the 14 LID. (The city council gave final approval to the LID on 15 May 16, 1983 ) However , there is insufficient time before 16 June 1, 1983 , in which to prepare the pro formas and finalize 17 the plans of reorganization. 18 4 . Debtors have entered into a tentative agreement 19 with Mercury Development, Ltd. ("Mercury") , that provides for 20 establishment of a joint venture, subject to the court 21 approval, for development of the Tigard East property.) Mercury 22 is a well-known and financially very strong developer , and its 23 participation will greatly increase the probability that Tigard 24 East will be successful. As part of the tentative agreement 25 between debtors and Mercury, Mercury has agreed to pay some of 26 Page 2 - Application I the unsecured claims connected with the Tigarr: East, which has 2 created potential problems of classification of creditors. 3 Debtors, Mercury and the Creditors ' Committee have recently 4 been engaged in negotiations to resolve these potential 5 problems. 6 5. Debtors have been meeting with potential lessors 7 of their property in an attempt to develop plans that would be 8 acceptable to all interested parties . Debtors have reached 9 tentative agreement with several potential lessors. Debtors 10 believe that they will have signed leases for their Tigard East 11 and Main Street developments on or before June 1, 1983 . 12 However , debtors will not be able to determine the projected 13 cash flows from their properties and prepare plans of 14 reorganization and disclosure statements before June 1 , 1983 . 15 6. Since they filed their first application for 16 extension of the exclusivity period, debtors ' attorneys have 17 had to spend much of their time defending four adversary 18 proceedings by secured creditors seeking relief from the . 19 Section 362 stay. Negotiations with the plaintiffs in those 20 proceedings have resulted in settlements in the Sherman E. Lee 21 (No. 83-0067) and Homemaker ' s Finance Services, Inc. 22 (No. 83-0227) , proceedings and postponements in the Paul Schatz 23 (No. 83-0269) and Arnold C. Grant (No. 83-0325 proceedings. 24 7. Debtors ' attorneys also represent the trustee in 25 the case of In re Alexander ' s Dispos-Haul System, Inc. , and 26 have been engaged in discovery in that case that has consumed Page 3 _ Application f e was anticipated when they accepted 1 considerably more time than 2 that case. 3 8 . Debtors believe that , if granted until August 31, 4 1983 , to file plans, acceptable plans will be filed. 5 9 . Debtors have contacted the chairman of the 6 Creditors ' Committee concerning this application. The chairman 7 has no objection to extension of the exclusivity period until 8 August 31, 1983 , and has signed a stipulated order so providing. 9 WHEREFORE, debtors pray for an order extending their 10 time to file plans of reorganization to August 31, 1983 , and 11 extending their time to obtain acceptance of the plans to 12 October 31, 1983 , and for such other and further relief as is 13 just . 14 15 MILLER, SH, Y WIENER & HAGER 16 17 �ICev in D. Padr ick 18 Attorneys for Debtors 19 20 21 22 23 24 25 26 Page 4 - Application r/ ( U.S. BANKRUPTCY COUR ` DISTRICT OF F11,ED MAR 14 i983 1 Kevin D. Padrick MARION H. CJ-1AtAZE,RLA;N, C:Z_::: David W. Hercher BY DIFUT-f 2 Miller, Nash, Yerke, Wiener & Hager 3 900 S. W. Fifth Avenue Portland, Oregon 97204-1266 4 Telephone: ( 503 ) 224-5858 5 Attorneys for Debtor-in-Possession 6 7 8 IN THE UNITED STATES BANKRUPTCY COURT 9 FOR THE DISTRICT OF OREGON 10 In re ) Case No. 382-03906 11 MAIN STREET LAND CORPORATION, ) A Washington Corporation, ) RULE 11-30 FINANCIAL REPORTS 12 ) Debtor-in-Possession. ) 13 14 Pursuant to Rule 11-30 of Rules of Bankruptcy 15 Procedure, debtor-in-possession submits the attached financial 16 statement and certification for the period February 1, 1983 , 17 through February 28, 1983 . 18 MILLER, NAS YERKE, WIENER & HAGER 19 20 in D. Padrick 21 22 23 David W. Hercher 24 Attorneys for Debtor-in-Possession 25 26 Page MILLER, NASH, YERKE, WIENER & HAGER Attorneys and Counselors of low 224.5859 900 S.W.Fifth Avenue Portland,Oregon 97204 Main Street Land Corporation February 1 through 28 , 1983 BALANCE SHEET (prepared on a cash basis) ASSETS: Main Street Land Development $4 ,063 ,047 (stated at market value) 93 ,000 Notes Receivable -t G • . tl& Pt<... ) Total Assets $4 ,156 ,047 LIABILITIES: Property Tax Payable $ 30 ,773 Note Payable - U. S. Bank 86 ,000 Note Payable - Bank of Oregon 4 ,300 Note Payable - Seafirst Mortgage 2,249 ,948 Note Payable - IPNW 554 ,000 Note Payable - Bisbee 94 ,531 Contract Payable - Leedy 191,000 Contract Payable - Buchholz 322,000 Contract Payable - Valenzuela 48 ,550 Contract Payable - Pipkin 43 ,000 Unsecured Liabilities 19 ,999 Other Secured Liabilities 67 ,735 Total Liabilities 31711,836 STOCKHOLDER' S EQUITY: Common Stock - 10 ,000 shares 10 ,000 Additional Paid-in Capital 181,448 Excess of Assets at Market Value over Liabilities and Capital 252,763 Total Stockholder 's Equity $ 444 , 211 Total Liabilities and Stockholder 's Equity t4 .1�56 ,047 e Main Street Land Corporation �n INCOME STATEMENT 28 � 1983 for the Month Ended February No income or expense was received or incurred during the month. x k k s f a t s F k E' This is to certify the following: 1. All tax deposits have been made, and all taxes have been paid, or adequate reserves are being kept for payment of such taxes. 2. No debts have been incurred after the filing of the petition herein that have been due, owing and unpaid [ . for a period of 30 days or more. 3. No salaries have been paid to officers of debtor-in-possession. °s Wilbur A. Bishop, Jr. President 3 f t—Y �.,v U .) ST;YEVS•I%ES4.tnd:eUBt1:HING CO. = f SCHEDULES OFASSETS r AND LIABILITIES FN 1979 District of Oregon United States Bankruptcy Court for the 1 it"t i,.,.1 H Cv, CL:„� In re MAIN STREET LAND CORPORATION ..--•-----.---_--_ CY_ G_P61`, a._k1a51} T►c31 An..coxPoza�xQn.. 382-03906 .......... Case No. ... --------- ••• -- NI � wgT 6RCII;CLUDE HERE ALL NAMES USED SY DEBTOR(S) Wrf - SCHEDULE A.—STATEMENT OF ALL LIABILITIES OF DEBTOR(S) Schedules A-1, A-2, and A-3 must include all the claims against the debtor(s) or debtor's property as of the date of the filing of the petition by or against debtor(s). SCHEDULE A-I.—CREDITORS—CREDITORS HAVING PRIORITY Specify when claim was incurred and the Indicate consideration therefor: when claim is ;f claim is - t contingent, unliquidated. disputed. or Amountgf Name of creditor ev'danced by a judit- contingent. claim tv subject to setoff, unliquidated and eomDlete mailing address ment. negotiable instrument. or other or disputed Nature o[claim including ziD code writing. or incurred as patine: or joint (if unknown.so state) contractor. so indicate: specify name of any Datner or joint contractor on any debt Y I None a.Wages. salary and commissions. including veca- i tion. severance and sick leave pay owing to t workmen. servants. clerks. or traveling owholcite salesmen on salary or commission basis. i or part time. whether or not selling exclusively for the debtor. not exceeding $2000 to each, earned within 90 days before filing of petition F or cessation of business. if eerier (specify date). None b.Contributions to empoyee benefit plans for serv- ices rendered within 180 days before filing of petition or cessation of business. if earlier (specify date). None e.Deposits by individuals. not exceeding 190o for each for purchase. Jesse. or rental of property or use services were rnot delivered aorflprovI provided.household 30,772.83 d.Taxes owing (itemise by type of tax and tax- See Exhibit A ing authority): ll) To the Sntafted States t2) To any -uthority (3) To any other .as...: Tota) L$ 3 0,722.83 3 EXHIBIT A TO SCHEDULE A-1 i Answer to Question d Note: Legal descriptions of the parcels of real property referred to in these schedules are attached hereto as Exhibit B 1. (a) Washington County, Oregon of the master (Note: Attached hereto is a copy address matrix, which contains the addresses of all creditors listed in these schedules) (b) Property taxes on Parcel 1 for 1981-82; on Parcel 2 for 1981-82 and 1982-83; and on Parcels 3 through 8 for 1982--83. (c) Amount: $30, 772. 83 NOTE: Debtors do not believe they owe taxes to any of the following agencies, but would like them notified as a precaution. 2. (a) Internal Revenue Service Special Procedure Section Post Office Box 4451 Portland, Oregon 97208 (b) Amount: Unknown 3. (a) Department of Revenue State Office Building Salem, Oregon 97310 (b) Amount: Unknown 4. (a) Department of Employment 815 Union Street Salem, Oregon 97310 (b) Amount: Unknown 5. (a) Tri-Met Taxes Department of Revenue Post Office Box 800 Salem, Oregon 97310 (b) Amount: Unknown TOTAL $ 30 ,772. 83 4 AMENDED ADDRESS MATRIX Main Street Land Corporation Bank of Oregon MacKenzie Engineering Suite 303 c/o Shawn Carroll Incorporated 10505 S. W. Barbur Blvd. 200 N. W. 2nd Avenue Attention: Tauri McIntosh Por•4a;;di Oregon 97219 Canby, Oregon 97013 0690 S. W. Bancroft Portland, Oregon 57201 Kevin D. Padrick Lawrence E. Bisbee Gordon Pipkin Miller, Nash, Yerke, 7377 Brooklake Road N.E. c/o Charles McClure, Attorney Wiener & Hager Salem, Oregon 97305 9250 S. W. Tigard Avenue 900 S. W. Fifth Avenue Tigard, Oregon 97223 Portland, Oregon 97204 f Lawrence E. Bisbee SeaFirst Mortgage Corp. c/o Calvin Luetjen, Attorney c/o G. Eric Pucher Room 1020 vP/Ass't Counsel 520 S. W. Yamhill 4th & Blanchard Bldg. Portland, Oregon 97204 Seattle, Washington 98121 W- Kington County, Oregon Brun, Moreland, Christopher SeaFirst Mortgage Corp. o Hall Baetz Ad_assment and Taxation Architects, P.C. c/o Post Office Box 3587 Attn: Grigsby Christopher Seattle First National Bldg. Portland, Oregon 97028 1020 S. W. Tenth Seattle, Washington 98154 Portland, Oregon 97208 Internal Revenue Service Franziska Buchholz SeaFirst Mortgage Corp. Special Procedure Section 12505 S. W. Brookside Ave. c/o Dean P. Gisvold Post Office Box 4451 Tigard, Oregon 97223 1408 Standard Plaza P 1100 S. W. Sixth Avenue Portland, Oregon 97208 Portland, Oregon 97204 Department of Revenue Franziska Buchholz United States National Bank State Office Building c/o Chuck Ruttan, Attorney Mortgage Loan Service Center Salem, Oregon 97310 1500 Pacific First Federal 309 Mrs.A6nn Ragsdale Center th Portland, Oregon 97204 Portland, Oregon 97208 Department of Employment Income Properties Northwest Michiye '7alenzuela 815 Union Street Corp. c/o Chuck Carnese, Attorney Salem, Oregon 9?310 505 Plaza 600 Building 200 S. W. Market Street Seattle, Washington 98101 Portland, Oregon 97201 Tri-Met Taxes Income Properties Northwest � D^nartment of Revenue Corp. t Office Box 800 c/o George Frasier Salem, Oregon 97310 4400 SeaFirst Building Seattle, Washington 98154 Robert A. Leedy CH2M Hill 13th Floor Attention: Mike DiLembo, 121 S. W. Salmon Street Transporation Dept- Portland- OrPQon 97204 2nd Floor, S. W. 4th Avenue a 1. Consumer Attitude Research c/o Roger Walker 12443 Bel—Red Road Suite F Bellevue, Washington 98005 Bob Martin Martin Engineering & Survey 4621 S. W. Kelly Portland, Oregon 97201 Leon Schelsky 7110 S. W. Fir Loop Tigard, Oregon 97223 Sinsheimer & Meltzer, Inc. lorneys at Law 1,30 Bank of California Tower Seattle, Washington 98164 Tigard Water District Attn: Bob Santee 8841 S. W. C—mercial Street Tigard, Oregon 97223 Tonkon, Torp, Galen, Marmuduke & Booth 1800 Orbanco Building 1001 S. W. Fifth Avenue Portland, Oregon 97201 i EXHIBIT B TO SCHEDULE A-1 PARCEL 1 Beginning at a point on the southeasterly line of that certain I tract of land conveyed by Deed to Timothy Casey and Jane Casey, and recorded in Book 126, Page 330, Deed Records of Washington County, Oregon, said point being the most easterly corner of that certain one acre tract conveyed by Deed to Harry E. Strehler and Martha G. Strehler and recorded in Book 232, Page 277, Deed Records of Washington County, Oregon; running thence from said beginning point, North 43' 47 ' West, 491.73 feet to an iron pipe at the most E northerly corner of said Strehler Tract; thence North 58' 39' East, following the southeasterly line of State Highway, 138.05 feet to the southwesterly line of that certain tract of land conveyed to F Sealy Mattress Co. by Deed recorded in Book 136, Page 143, Deed Records of Washington County, Oregon; thence South 43' 47' East ' 440.01 feet to the most southerly corner of said Sealy Mattress Co. Tract; thence South 4' 15' East 38 feet to the most easterly corner R of the Timothy Casey and Jane Casey Tract, as recorded in Book 126, Page 330, Deed Records of Washington County, Oregon; thence South 49' 45' West, 111.74 feet to the place of beginning. PARCEL 2 A tract of land in Section 2, Township 2 South, Range 1 West, Willamette Meridian, Washington County, Oregon, more particularly described as follows: Beginning at the most southerly corner of that certain tract of land conveyed by Deed from Leonard E. Munger and Julia E. Munger, husband and wife, to Timothy and Jane Casey, and recorded September 17, 1923 in Book 126, Page 330, Deed Records of Washington County, Oregon; running thence North 43' 47' West 505.6 feet to an iron pipe on the southerly right-of-way line of the State Highway de- scribed in the Deed recorded June 2, 1931, in Book 147, on Page r 3 PARCEL 2 - Continued 176, Deed Records of Washington County, Oregon; thence North 58' 39' East along said southerly right-of-way line 89.5 feet to an iron pipe; thence South 43' 47' East 491.73 feet to a stake in the southeasterly line of the above mentioned Casey Tract; thence South 49` 45' West along said south-easterly line 87.56 feet to the place of beginning. PARCEL 3 A tract of land in Section 2, Township 2 South, Range 1 West of the Willamette Meridian, in the County of Washington and State of Oregon, described as follows: Beginning at a point on the easterly line of that certain tract of land conveyed to Karl Buchholz, et ux, by Deed recorded May 2, 1944 in Book 230, Page 117, where the same is intersected by the southerly line of Taylor's Ferry Road; thence running westerly along the southerly line of Taylor's Ferry Road a distance of 50 feet; thence southeasterly and parallel with the easterly line of said Buchholz Tract a distance of 100 feet; thence northeasterly and parallel with Taylor's Ferry Road to a point on the easterly line of said Buchholz Tract; thence northwesterly along said easterly line of the Buchholz Tract to the place of beginning. PARCEL 4 That tract of land described in Deed Book 230, Page 117 and Deed Book 230, Page 119, Wazhington County Deed Records, excepting that tract of land described in Washington County Recorder's Fee No. 78 5 710 7. ALSO EXCEPTING that portion of said tract conveyed to Main Street Development LTD, an Oregon limited partnership by deed recorded August 22, 1979, Recorder's Fee No. 79034056, Washington County Records. PARCEL 5 Part of the George Richardson. Donation Land Claim No. 38, in j Section 2, Township 2 South, Range 1 West, Willamette Meridian more particularly described as follows: PARCEL 5 - Continued Beginning at the =st northerly corner of Lot 1, FREWING ORC[i4RD TRACTS; and running thence South 44' 10' East along the northeast- erly line of said Lot 1, a distance of 636.6 feet to an iron pipe at the most westerly corner of that tract conveyed to Lydia M. Bloecher, by deed recorded April 26, 1949, in Book 294, .Page 494, Records of Washington County, Oregon; thence North 49" 11' East along the northwesterly line of said Bloecher Tract, 145.00 feet to the most southerly corner of that tract described in Book 230, Page 119, said records, and the true point of beginning; thence North 44' 10' West 69.33 feet along the southwesterly line of said tract; thence North 49' 11' East 425.32 feet to the northeasterly line of that tract described in Book 230, Page 117, said Records; thence South 43° 47' East, 69.31 feet along said northeasterly line to the northwesterly line of said Bloecher Tract; thence North 49° 11' East, 199.54 feet to the most northerly corner of said Bloecher Tract, being a point on the west line of Lot 2, BURNHAM TRACT; thence South 4' 37' East, 323.9 feet along the west line of BURNHAM TRACT, to a stone at the most southerly corner of Lot 3, BURNHAM TRACT; thence South 49* 11' West 417.80 feet along the northerly line of Lot 9, BURNHAM TRACT; thence North 44° 10' West, 261.82 feet to the true point of beginning. PARCEL 6 A portion of the Southwest quarter of the Northeast quarter of Section 2, Town"ship 2 South, Range 1 West, of the Willamette Meridian, in the City of Tigard, Washington County, Oregon, described as follows: Beginning North 46* 27' East_ 144.7 feet from a stake in the middle of Darrow Ferry Road South 44° 25' East 30 feet from the northeast corner of the George Frewing land on the north line of George Richardson Donation Land Claim No. 55 in Section 2; thence South 43` 47' East 49 feet to the easterly right-of-way line of the present West Side Pacific Highway and the true point of beginning, said true point of beginning being the northwest corner of that certain tract of ?and described in Book 138, Page 556, Deed Records; thence South 44° 11' East along the north boundary line of said tract of land described in Book 138, Page 556, a distance of 200 feet; thence North 45° 49' East 100 feet; thence North 44' 11' West to a point on the southeasterly boundary line of the present i West Side Pacific Highway; thence on a 1830 foot radius curve left in a Southerly direction along the easterly right-of-way line of the West Side Pacific Highway, 100.8 feet to the true point of beginning. PARCEL 7 A portion of Lot 3, BURNHAM TRACT+ iu the City of Tigard, ticularly described as follows: Washington County, Oregon, more par Beginning at the southwesterly corner of said Lot 3 and running ce of 180 feet; thence North 44° thence North 45' 14' East a distan 46' West a distance of 240 feet, mor Southe orl4°s15' East to a oa- distance of . ce westerly line of said Lot 3, 300 feet to the point of beginning. PARCEL 8 A tract of land in Section 2, Township 2 South, Range 1 West, of Willamette Meridian, in Washington County, �regSaid traSaidcttofcland TRAland being a portion oLot 9, BURNHAM being more particulary described as follows: Beginning at the most northerly corner of Lot 9, BURNH&X TRACT, said point being on the southeasterly line of Lot 3, BURNHAM TRACT, said point being the most westerly corner of Lot 4, BURNHAM TRACT; thence from this point of beginning South 45°48' West along the Id Lot 3 and along the northwesterly line southeasterly Line of sa of said Lot 9, a distance of 177.0 feet to the most easterly Buchholz southeast corner of that conv dand wife, desceyeribedto KinlBook 482, and Franziska Buchholz, husband an page 439, Washington County Deed Records; thenceuththe°11+ West along the northwesterly line of said Lot 9, along southeasterly line of the said Buchholz tract a distanif6 feet to the most westerly corner of said thence SouthtTERRACEa point beingon the northeasterly line of Lot 16, 44°27' East along the southwesterly line lsaidanLo20 and along the northeasterly line of Lots 16, I7, a on the VIEWCREST TERRACE, a distance of 390.22 feet to an iron pip westerly right-of-way line of Southwest Ash Avenue, said point being 20 feet perpendicular from the centerline of said Southwest Ash Avenue; thence North 42°05' East along the said rightff-WaY line of Ash Avenue a distance of 110.00 feet to an iron pipe; thence leaving the right-of-way of said Ash Avenue Nortnceho 88243°55' West a distance of 224.36 feet to an iron pipe; iPe; thence South 44°27' East a distance of 104.99 feet to an iron pipe; thth the westerly East a distance of 221.60 feet to an iron pipe, right-of-way of said Ash AvineeoftAshcAvenueha4distance 2*12 ,ofa527.70st ng the westerly right-of-way 1 feet more or 'less to the most easterly corner of said Lot 9, I BURNHAM TRACT; thence leaving the right-of-way line of said Ash Avenue North 48058' West a distance of 310. 41 feet along the f ly line of said northeasterly line of said Lot 9 and the southwesterE Lot 4 to the point of beginning. a k s ST[Vir4s-NESS tAW PVStISHING CO. Pon;ond,•O•egon 97304 SCHEDULE A-2 — CREDITORS HOLDING SECURITY Specify .Then c atm was tneurr and the consideration therefor: Indicate when claim is contingent, un- If claim is Amount of Claim Tame of creditor Description of setoff. e,,l disputed. subject to contingent. Market without deduction and complete mailing address security and date when setoft. evidenced by a }ur men t. obtained by creditor negotiable instrument, or other unliquidated value of value of security iacly ding sip code writing, or Incurred as partner or disputed (if unknown, so state) or joint contractor, so indicate; specify name of any partner or int contractor on an debt 1. (a) Bank of Oregon ° 3,000 = 4 ,300.00 (b) Security interest proceeds of debtor ' s contract to sell a 1980 Chevrolet automobile (c) Claim was incurred in 1980. (d) Consideration for claim was loan. 2. (a) Lawrence E. Bisbee 4,060,000 94;531.00 (b) Mortgage on Parcel 8 dated August 26 , 1981. (c) Claim was incurred on or about August 26, 1981. (d) Consideration for claim was loan. (e) Claim to rents and profits is disputed . (f) Claim is evidenced by a note . 3, (a) Brun , Moreland , Christopher Architects , (see 65 ,810.09 note 2) P. C. (b) Constructon liens on Parcels 1-8 , recorded July 16, 1982, and October 8, 1982. (c) Claims were incurred on or about July 16 , 1982, and October 8, 1982. (d) Consideration for claims was architectural services. 4. (a) Franziska Buchholz (see 322,000 .00 (b) Vendor 's interest in contract for sale note 2) of Parcel 4, dated July 10, 1979. (c) Claim was incurred on or about July 10, 1979. (d) Consideration for claim was sale of Parcel 4. (e) Claim to rents and profits is disputed . (f) Claim is evidenced by a note. 1 Title to the automobile is held by debtor , and Bank cf Oregon is listed a security interest holder on the certificate of title. Debtor is selling the automobile on contract to Terry Douglas. See Exhibit B to Schedule B-2- Thus the automobile is not an asset of the estate . However , Bank of Oregon also has a security interest in the $3,000 balance due from Mr . Douglas to debtor as proceeds of the automobile. 2 The combined value of• Parcels 1 through 8 is $4,060,000. Debtor is unable to determine the separate value of each parcel. Total a STEVENS-NESS LAW M19LISMING CO. Ppnlond,0cegon -07204- SCHEDULE A-2 -- CREDITORS HOLDING SECURITY Specify when claim was ncurre and the consideration therefor; Name of creditor when claim is contingent, un- Indicate Deserip lion of liQuidated, disputed, subject to if claim is and Cornu rte trailing address security and date .when setoff, evidenced by a judgment, eontin ren t, Amount of claim including zip end.- obtained by creditor negotiable instrument, or other unliQuidated Market without deduction lif unknown, so state) writing, or incurred as value of vclue of security partner or disputed or joint contractor. so Indicate; LDecify name of any partner or joint eon tractor on an debt 5• (a) Income Properties Northwest Corp. ` (b) Mortgage on Parcels 1-8, dated (see x, 249 ,848 .00 October 8, 1981. note 2) (c) Claim was incurred on or about October 8, 1981. (d) Consideration for claim was loan. (e) Claim to rents and profits is disputed . (f) Claim is evidenced by a note . 6• (a) Robert A. Leedy and (see 191,000.00 Robert A. Leedy, Jr . note 2) (b) Vendors ' interest in contract for sale of Parcel 2, dated February 12, 1981. (c) Claim was incurred on or about February 12, 1981. (d) Consideration for claim was sale of Parcel 2. (e) Claim to rents and profits is disputed . (f) Claim is evidenced by a note. 7• (a) MacKenzie Engineering Incorporated (see 1, 924.70 (b) Construction, lien recorded June 4, 1982. note 2) 1982. (c) Claim was incurred on or about June 4, (d) Consideration for claim was engineering services. 8• (a) Gordon T. Pipkin and June Pipkin (see 43,000.00(b) Vendors ' interest in contract for sale note 2) of Parcel 6, dated March 21, 1973. 1 (c) Claim was incurred on or about I March 21, 1973, ! (d) Consideration for claim was sale of Parcel 6. (e) Claim to rents and profits is disputed , (f) Claim is evidenced by a note. Total l l PoEUo ds NFeS ANW�U 0SHING CO. SCHEDULE A-2 — CREDITORS HOLDING SECURITY f� yeettY When a aim was therefor: k and the aansideration therefor Indicate when claim is contingent, un- It claim is Amount of claim ii,uidated, disputed. subject to contingent. Market without deduction Name of creditor Description of value of value of security and eomplrte mai`:nc address security end date when setoff. evidenced by a Jo'g other unliquidated Including zip code obtained by creditor negotiable instrument, or disputed writing. or incurred aspartner (if unknown, so state) or joint contractor, so indicate: specitfy name of any partner or joincontractor on an debt ` (see 2 ,249 ,848 .00) - 9. (a) SeaFirst Mortgage Corporationnote 2) (b) Mortgage on Parcels 1-8 , dated October 8, 1981- (c) Claim was incurred on or about October 8, 1981- (d) Consideration for claim was loan . (e) Claim to rents and profits is disputed . (f) Claim is evidenced by a note . (see 86 ,000 .00 10. (a) United States National (b) Mortgage on Parcel 11 datedBank of Oregon note 2) Nov em:.)er 25, 1977. (c) Claim was incurred on or about November 25, 1977. (d) Consideration for claim was loan . (e) Claim to rents and profits is disputed . (f) Claim is evidenced by a note . (see 48 ,550 .00 (a) Michiye Valenzuela note 2) (b) Trust deed on Parcel 3, dated May 21� 1982 ; vendor ' s datedinterests October 12nt1976s ffor sale of Parcel 6, and December 4, 1979 . (c) Claims were incurred on or about October 12, 1976, December 4, 1979 , and May 21, 1982. (d) Consideration for trust deed was loan; consideration for contracts was sale of Parcel 6. (e) Claim to rents and profits is disputed. (f) Claim is evidenced by a note. I 3 SeaFirst Mortgage Corporation and Income Properties Northwest Corp. ( "IPNW") are joint lenders to debtor cf $2, 249 ,848. 00, which is specified above as the amount of IPNW` s claim. TOTALS: $4,063,000 $3, 106,963.79 l, Total 4 STEVENS-NEMS LAW PUBLISHING CO. .Ponland,Orsyon 97204 .fes. SCHEDULE A-3.—CREDITORS HAVING UNSECURED CLAIMS WITHOUT PRIORITY `. dame of creditor (including last known holder Specify when claim was incurred and the consideration therefor. when claim is eon_ of any negotiable instrument) and complete tangent. unliquidated, disputed, subject to setoff. evidenced by a judgment, neon- Amount of claim mailing address including sip code (if un. tiable instrument. or other writing, or incurred u partner or joint contractor, so known ao stat:) indicate: specify name or any partner or joint contractor or any debt i CH2M Hill Engineering services in 10 ,643. 14 1981 and 1992 Consumer Attitude Research Consulting services, 2,000 .00 spring, 1982 Martin Engineering Survey work in 1981 4 ,945. 72 Len Schelsky Surveying work 850 .00 Sinsheimer & Meltzer, Inc. Legal Fees, July, 1,023 .14 1982, to present Tigard Water District Water 21. 00 Tonkon, Torp, Galen, Legal Fees 515. 73 Marmaduke & Booth { Tota, $ 19 ,998. 73 s STEYENS.NESS LAW FOSLISHING CO. ronlond.Oregon 07204 SCHEDULE B.—STATEMENT OF ALL PROPERTY OF DEBTORS) (` Schedules B-1, B-2, B-3, and B-4 must include all property of the debtor(s) as of the date of the filing of the petition by or against debtor(s). SCHEDULE 8-1.—REAL PROPERTY Description and locationof all real Property in which debtor has an interest (iaclud- Nature of interest (specify all deeds Market value of debtor's interests withuut Inc epuitable and future interests, intern is in estates by the entirety. community and of instruments relating deduction for secured claims listed in Propery, life estates, leaseholds, and rights and powers exercisable for his own thereto) Schedule A-2 or exemptions claimed in benefit)tSchedule B-c 1. (a) Parcels 1, 3, S, 7 and 8. 4,060,000.001 (b) Title is vested in debtor. 2. (a) Parcel 2. (See Note 1) (b) Debtor is vendee under a land sale contract in which Robert A. Leedy and Robert A. Leedy, Jr. , are vendors. 3. (a) Parcel 4. (See Note 1) (b) Debtor is vendee under a land sale contract in which Franziska Buchholz is vendor. 4. (a) Parcel 6. (See Note 1) (b) Debtor is vendee under a land sale contract in which Gordon T. Pipkin and June Pipkin are vendors. 1 iThe combined value of all debtor's real property is $4,060,000. Debtor is unable to determine the separate value of each parcel. Total 4,060,000.00 e STEVENS-NM LAW PUBLISHING CO. .►oreldnd,01e9cn 972d4 SCHEDULE B-2—PERSONAL PROPERTY t Market value of debtor's in. Type of property Description and location term without deduction for secured claims listed in Schedule A-2 or eKemptiu. claimed in Schedule B-4 s a. Cash on hand b. Deposits of money with banking institutions, See Exhibit A 39.50 savings and loan associations, credit unions. Public utility companies, landlords and others c. Household goods.supplies and furnishings d. Books, pictures and other art objects; stamp, coin and other collections e. Wearing apparel, jewelry, firearms. sports equipment and other personal possessions f. Automobiles,trucks,trailers and other vehicles g. Boats,motors and their accessories h. Livestock,poultry and other animals I. Farming supplies and implements j. Office equipment, furnishings and supplies 1, Machinery. fixtures, equipment and supplies (other than those listed in items j and 1) used An business 1. Inventory m.Tangible personal property of any other de- scription n. Patents, copyrights, franchises and other gen- eral intangibles (specify all documents and writings relating thereto) o. C»vernment and corporate bonds and other ne- gotlable and non-negotiable instruments p. Other liquidated debts owing bankrupt or debtor See Exhibit B 93,000.00 Q. Contingent and unliquidated claims of every nature. including counterclaims of the bankrupt or debtor (give estimated value of each) r. Interests in insurance policies (itemize sur- render or refund values of each) s. Annuities L Stocks and interests in incorporated and un- incorporated companies (itemised separately) u. Interests in partnership v. Equitable and future interests, life estates and rights or powers exercisable for the benefit of the debtor (other than those listed In Schedule B-1) [Specify all written instruments relating thereto] Total 93,039.50 e EXHIBIT A TO SCHEDULE B-2 Answer to Question b Checking account at: Seattle First National Bank 714 slain Street Vancouver, Washington 98660 F i t s F {N 5 f }{k ! e a i t 3 's i F k F { i t i1 f t t R A' A EXHIBIT B TO SCHEDULE B-2 Answer to Question p 1. Terry Douglas owes debtor approximately $3 , 000 for the purchase from debtor of a 1980 Chevrolet automobile. Mr. Douglas is purchasing the automobile on contract, and his monthly r payments are $163. Mr. Douglas' address is: Terry Douglas 4 1000 S. W. Vista Avenue Portland, Oregon 97205 r 2. Wilbur A. Bishop, Jr. , owes debtor $90 ,000 for loans he ` received from debtor. Mr. Bishop' s address is the same as s i r debtor' s. 4 5 t 1 i f 3 I 1 E e .STEVENS•N6SS LAW PULISHING CO. ronland.O,ego- 97204 SCHEDULE B-3.—PROPERTY NOT OTHERWISE SCHEDULED t�ralue of debtor's in- -� without deduction Description and location ured claims listed in Type o[property le A-2or eemvtion in Schedule U-4 a. Property transferred under assignment for bene- fit of creditors. within 120 days prior to filing of petition (specify date of assignment. name and address of assignee, amount realized there- from by the assignee.and disposition of proceeds so far as known to debtor) ! t E b. Property of any kind not otherwise scheduled t 4 Total Qf f SCHEDULE B-4.—PROPERTY CLAIMED AS EXEMPT Debtor(s) selects the following property as exempt pursuant to 11 U.S.C. § 522(d) [or the laws of the State ..................••--•-... Value .. of --••^-• Specify statute Creat- --- -- -��-- ------ ------- and so Lr as relevant to the claim of ¢xem Dtion. ' Location, description. int: the exem Dtion claimed _ exemept Type of property present use of property f k s 4 4 i S 1 i r i} f Total k' 10 • STEVENS.t:ESS tAW P•JBLISHING CO. Portlond.Oregon 97204 SUMMARY OF DEBTS AND PROPERTY '~ (From the statements of the debtor(s) in Schedules A and B) Schedule - Total DEBTS f A-1/a.b...........Wages.etc_having Priority.................................................................................................................................................................................................... A-1/c..........—Deposits of money............................................................................................................................._....................................................................................... A.1/d(1)..........Taxes owing United States.................................................................................................................................................................................................... A-1/d(2)..........Taxes owing states................................................................................................................................................................................................................... 0 A-1/d(31..........Taxes owing other taxing authorities.....................................-'......................................................................................................................................... 30,7-72.83 A-2....................Secured claims........................................................................................................................................................................................................................... 3,106,963.79 A-3....................Unsecured claims without Priority.................................................................._................................................................................................'................... 19,998.73 $3,157,735.35 ScheduledA TOTAL........................................................................................................................................................................................... PROPERTY B-1....................Real property(total value).......................................""'.........'---......................................................................._. 4,060,000.00 ................................................................. B-2/a................Cash on hand........................"'............................."'.......................................................................................................-"........................................................ B-2/b................Deposits..................................................................................................................................................................................................................................... 39.50 B-2/c................Household goods........................................................................_............................................................................................................................................... 1 B-2/d...............Books,pictures and collections............................................................................................................................................................................................. 0 ?/e................Wearing apparel and personal Possessions........................................... ..0-2/f................Automobiles and other vehicles........................................................................................................................................................................................... B-2/g................Boats.motors and accessories.........._.................................................................................................................................................................................... 0 B-2/h................Livestock and other animals.................................................................................................................................................................................................. 10 B-2/i.................Farming supplies and implements......................................................................................................................................................................................•. B-2/i.................Office equipment and supplies................_.........................""................................................................................................................................................ B-2/k................Machinery.equipment and supplies used in business....................................................................................................................................................... B-2/1.................Inventory...................................................................................."'-....""..................................................""""'........................................................_................ 10 B-2/m..............Other tangible Personal property........................................................................................................."-"........""""'..................................._...................._ .0,�t{ B-2/n...............Patents and other general intangibles................................_................................................................................................................................................ J B-2/o...............Bonds and other instruments................................................................................................................................................................................................. B-2/p................Other liquidated debta............................................................................................................................................................................................................... 9F B-2/a...............Contingent and unliquidated claims...................................................................................................."'_.................."•'............................_........................ 93,000.00 B-2/r............_..Interests In ineurance policies................................................................._........................................................................._............................................_.... B-2/9...............Annuities..._......_..............._................................................................................................................................................................_............_..................... est 13-2/t_.............Interests in corporations and unincorporated companies.............................................................................................................................._................ nY(t B-2/u...............Interests in verterships..........................................................._......................................................................._..................................................................... lu B-2/v................Equitable and future interests.rights and powers in personalty.................................................................................................................................. 0,�t B-iia................Property aaaisned for benefit of creditors............................................................................................................................................._........................... Y B-3/b................Property not otherwise scheduled........................................................................................................................................................................................ $4,153,039.50 Scheduled8 TOTAL............................................_.......................................................................................................... ....................................... 11 STEVENS-NESS LAW PUBLISHING CO. Portland-O-q—97204 UNSWORN DECLARATION UNDER PENALTY OF PERJURY OF INDIVIDUAL TO SCHEDULES A AND B I/we. ............•.--.--_----.---.--------.--.----._-..---.--..----------.--•-_-•--,certify under penalty of purjury that I/we have read the foregoing schedules, consisting of ............................ sheets, and that they are true and correct to the best of my/our knowledge, information, and belief. Exeucted on ..- - -'--•'.....'-• •'- •'--••'---'... '-'---•...-'-•--'-•-•'_... ...'--•-•_...........'-'----•'•-'--...'-'....'---•--- --•--- • ............... E -•-'- " " " " " " " " . (DATE) (YTITIO2QER J '..__. •---......--'---'.................... [PETITIONER I UNSWORN DECLARATION UNDER PENALTY OF PERJURY ON BEHALF OF CORPORATION OR PARTNERSHIP TO SCHEDULES A AND B Wilbur A. Bishop, Jr.................................. [the president, or oticer-oJfieer;ter-srr�rtrtheri�ed'af, it of I• -------•---- '-•••------------- - t the corporation] [or-a mer lber o-r'-ate a tlaA�i�ecl ag�ut�f- 't � '�slaip] named as debtor in this case, certify under penalty of perjury that I have read the foregoing schedules, consisting of __-_-._._. S'-.._.____ sheets, and that they are true and correct to the best of my knowledge, information, and belief. A / _..._.. .. . . Executed on ...__ � �i�K.•--1•��•-»ALL•" ' •• G� Is1GNATUREl (DATE) *Debtor reserves the right to amend the foregoing schedules as additional information becomes available. 12 STEVENS-NM LAW PUBLISHING CO. Portland,p,pon 47204 STATEMENT OF AFFAIRS FOR DEBTOR ENGAGED IN BUSINESS Form No. S. 00ober 1, 1979 United States Bankruptcy Court for the District of Oregon MAIN STREET LAND CORPORATION, a Washington corporation•,••--_._•. ............. •. 382-03906 Case No. ................................ ....................................................•-•--•-----•-•-...----•-----------•-.....---•--. DEBTORitK(INCLUDE HERE ALL NAMES USED BY DEBTOR(S) WITHIN LAST 6 YEARS] [Each question should be answered or the failure to answer explained. If the answer is "none," this should be stated. If additional space is needed for the answer w any question, a separate sheet, properly identified and made a part hereof. should be used and attached. ered on behalf of, the partnership or IS the debtor is a partnership or a corporation, the questions shall be deemed to be addressed to, and shall be answ corporation: and the statement shall be certified by a member of the partnership or by a duly authorizd officer of the corporation. The term, "original petition;' as used in the following questions, shall mean the petition filed under Rule 1002. 1003•or 1004. 1. NATURE, LOCATION, AND NAME OF BUSINESS ,Main Street Land Corporation, Suite 303, a. Under what name and where do you carry on your business. ........................................................................................................•----•-----•_._._. 10505 5.-...W.....JSazbur...Soulevand....Portland....0reg-on...9J.219_9-721-9—.......................................................................................... ... b. In what business are you engaged? (If business operations have been terminated, give the date of such termination.) ................ Real estate investment_-and_..developmer;t-......_..................................................................---........_.......................................... ............................................ c. When did you commence such business? October....1981-.......................... •...................----•-..............•-•---.................................. ........... d. Where else, and under what other names, have you carried on business within the 6 years immediately preceding the filing of the original petition herein? (Give street addresses, the names of any partners, joint adventurers, or other associates, the nature of the business, and the periods for which it was carried on.) ..NQ.r).e............................................................................................. ........................................................................................................................................................................................................................................... ....................................................................................................................................................................................•••••................ e. What is your employer identification number? Your social security number? .Un__-nown. ....................... 2. BOOKS AND RECORDS a. By whom, or under whose supervision, have your books of account and records been kept during the 2 years immediately preceding the filing of the original petition herein? (Give names, addresses, and periods of time....Wilbur A.---Bishop..... , .e._.addr.eas...as...deb.tnr._........................................................................................................................................................................... b. By whom have your books of account and records been audited during the 2 years immediately preceding the filing of the original petition herein? (Give names, address, and dates of audits.) .....P.one.......................................................................................... { ..............•......................_...................._....._...._.._......._..........--............................................. c. In whose possession are your books of account and records? (Give names and addresses.). 'Wilbur A. ....... Bishop( Jr: ..............•---........... . sameaddress as debtor............................................................................................................................................................................. ....................................................... d. If any of these books or records are not available, explain....NLA-.............................................................................................................. ............................................................••-._....................._._......-_._.._.........................................._........_..............__...-•---........_...._.. e. Have any books of account or records relating to your affairs been destroyed, lost, or otherwise disposed of within the 2 years immediately preceding the filing of the original petition herein? (If so, give particulars, including date of destruction, loss, or disposition, and reason therefor.) ...N�' .....................•---....................................... .. .......................................................................................•---..................._.................................---......-••--•••....................................._....................... ...... ........................................................................................................................................................................ ... 3. FINANCIAL STATEMENTS Have you issued any written financial statements within the 2 years immediately preceding the filing of the original petition herein? (Give dates, and the names and addresses of the persons to whom issued, including mercantile and trade agencies.) No. ....................................... ........................................................................................................................ .................... ...................................................... ........................................................••'••-•----'•----•...._........................................................................................ 4. INVENTORIES , Se tember 1981.-.--- a. When was the last inventory of your property taken? P.. _ ... ....�..... .................................................................................. b. By whom, or under whose supervision, was this inventory taken? I`oscato-•-Qfne- ,••&__A�SQCi. ters••,In•�;.j„• q is 3.i1S1� of c. What was the amount, in dollars, of the inventory? (State whether the inventory was taken at cost, market, or otherwise.) $3,800,000; Market. approach.................................._.................._......................................................................................._................ ................................................................. d. When was the next prior inventory of your property taken?...None. e. By whom,or under whose supervision, was this inventory taken? ISI/.A....................................................................................................... f. What was the amount, in dollaez, of the inventory? (State whether the inventory was taken at cost, market, or otherwise.) 2N/,A,........................................................: .... i g. In whose possession are the records of the 2 inventories above referred to? (Give names and addresses.)...................................... WilburA. address....Ap..debtQ. _-.............................................................................................................. 5. INCOME OTHER THAN FROM OPERATION OF BUSINESS What amount of income, other than from operation of your business, have you received during each of the 2 years immediately preceding the filing of the original petition herein? (Give particulars, including each source,and the amount received therefrom.) None. ................................................................................................................................................................. ........................................................ ...............................................................................................................................................:...................................................................... ...... (Form No.9.Page 1) f STEVENS-NEES LAW PUBLISHING CO. Portland. O,spon 97204 6. TAX RETURNS AND REFUNDS a. In whose possession are copies of your federal and state income tax returns for the 3 years immediately preceding the filing of the original petition ItCrein? Wilbur A. Bishop...Jr........................................................................................................................ .............................. ........ ..... .. . .. . .......... .. ........... ...... . ...... ..................................................._................._.................................._........_...........__................ b. What tax refunds (income or other) have you received during the 2 years immediately preceding the filing of the original petitionherein? None............ ...........................................................----........................................................................................._..... c. To what tax refunds (income or other), if any, are you, or may you be, entitled? (Give particulars, including information as to any refund payable jointly to you and your spouse or any other person.) ...NQI.Ie.n.......................................................................... ..-•--•.............................•-..........-•-•--..._.............................._............ .- 7. BANK ACCOUNTS AND SAFE DEPOSIT BOXES a. What bank accounts have you maintained, alone or together with any other person, and in your own or any other me, within the 2 years immediately preceding the filing of the original petition herein? (Give the name and address of each bank, the name in which the deposit was maintained, and the name and address of every person authorized to make withdrawals from such account.) Seattle First National.•Bank-e....714--Ma,i -.Stre�t_o...VaQC�?Ll.V.e.X..._.FIr�S�17.11gtGzn••98•f�•6Q:•••- .................... .. Ua;La..SJ;Xeet...Land...Cnr-poration-;...Wilbur-..A....B.isho�.,...5�_.r...same..addrgss..as..dehtnr b. What safe deposit box or boxes or other depository or depositories have you kept or used for your securities, cash, or other valuables within the 2 vears immediately preceding the filing of the original petition herein? (Give the name and address of the bank or other depository, the name in which each box or other depository was kept, the name'and address of every person who had the right of access thereto, a description of the contents thereof, and, if the box has been surrendered, state whey surrendered or, if transferred, when transferred and the name and address of the transferee.)........................................... ..None. .........................._._.......................................................---•--...........---•--......................._..._........ ..................................................................................................... S. PROPERTY HELD FOR ANOTHER PERSON What property do you hold for any other person? (Give name and address of each person, and describe the property, the amount N . ...................•............ or value thereof and all writings relating thereto.) .......one..............................................................•--...._.........-.---...._..-.--•--..._..._. ..........................................................................•................._........_........ 9. PRIOR BANKRUPTCY PROCEEDINGS What cases under the Bankruptcy Act or title II, United States Code have previously been brought by or against you? (State the location of the bankruptcy court, the nature and number of the case, and whether a discharge was granted or refused, the case i was dismissed, or a composition, arrangement, or plan was confirmed.) .. Q.I[1Q.<•.-.-_•...-•_-•-•- ....................•-•-...._...._......----........--•---........_.................................. 10. RECEIVERSHIPS, GENERAL ASSIGNMENTS, AND OTHER MODES OF LIQUIDATION a. Was any of your property, at the time of the filing of the original petition herein, in the hands of a receiver, trustee, or other liquidating agent? (If so, give a brief description of the property and the name and address of the receiver, trustee, or other agent, and, if the agent was appointed in a court proceeding, the name and location of the court and the nature of the pro- ceeding.) None. ..................... ................................................................•............._.......------.......------•••-•...----.........................----.........••..............._............. ement b. Have you made any assignment of your property for the benefit of your creditors,oor any gen(If alsettl dates,ithyour credit- ors, ors, within the 2 years immediately preceding the filing of the original None address of the assignee, and a brief statement of the terms of asslgnmert or settlement. ----------------•--•--......................................... .............•--...............................................---.................................................. 1. PROPERTY hN HANDS OF THIRD PERSON Is any other person holding anything of value in which you to est (Give name an address,Schdule location and description of the property, and circumstances of the holding.) ...........................................................Fxh........................o ...--..........._ .................•-...............---............................................._........•............_........ ...... 12. SUITS, EXECUTIONS, AND Al-FACHMENTS a. Were you a party to any suit pending at the time of the filing of the original petition herein? (If so, give the name and loca- tion of the court and the title and nature of the proceeding.)..�'R............................................................................................. ...............................................................................................•----.........-............................................................----................................................-•_..... b. Were you a party to any suit terminated within the year immediately preceding the filing of the original petition herein? (If so, give the name and location of the court, the title and nature of the proceeding, and the result.).............................................. ( See_..Exhibit A. ..............................................................•--............••........................................... ....................ro...........................................................................................................---........---..........------......----.............................._......... or er or within the ear c. atel anthe flinty of thea original petitionherein?ein?seized (If so,ddesc describe legal t eI propequitable rty seized or sperson garnished, and and ALt Y preceding g whosesuit.) ........_. ................................................. .............................................................................................................-............... ................................... (Form No,S,Page 2) STEVENS-NESS LAW PUBLISMNG CO. po,,"•0-g—97404 13. PAYMENTS ON LOANS AND INSTALLMENT PURCHASES What repayments on loans in whole or in part, and what payments on installment purchases of goods and services, have you made during the year immediately preceding the filing of the original petition herein? (Give the names and addresses of the persons receiving payment, the amounts of the loans and of the purchase price of the goods and services, the dates of the origi- nal transactions, the amounts and dates of payments, and, if any of the payees are your relatives, or insiders, the relationship; if the debtor is a partnership and any of the payees is or was a partner or a relative of a partner, state the relationship; if the debtor is a corporation and any of the payees is or was an officer, director, or stockholder, or a relative of an officer, director, or stockholder, state the relatinship.) .None other than those in the..ordinary,.•course of business:............. ................................................................................................................................................ ..........................................................................•--•---.........-----••---.._..._..._..._......._....... ...........................................................................•--...................__.............._........_........ .. ................................................................. 14. TRANSFERS OF PROPERTY a. Have you made any gifts, other than ordinary and usual presents to family members and charitable donations, during the year immediately preceding the filing of the original petition herein? (If so, give names and addresses of donees and dates, description, and value of gifts.) None ............•..... ............................................................................................................._......•......._...._......._.. _..---•--•-•................................_......•-----.... _.................. ............... ......................................._..........................._.......... ................................. b. Have you made any other transfer, absolute or for the purpose of security, or any other disposition which was not in the ordinary course of business during the year immediately preceding the filing of the original ppetition herewith? (Give a descrip- tion of the property, the date of the transfer or disposition, to whom transferred or how Xi' Zed of, and state whether the transferee is a relative, partner, shareholder, officer, director, or insider, the consideration, if any, received for the property, and the disposition of such consideration.) .Iv0111e.-........................................................................................................................................... _....................................................................................................................................................................................................................................... ................................................................................................................... ... ......................................................................................................................................................................................................................................... .......................•..........._..................................._...................._.............._............... 15. ACCOUNTS AND OTHER RECEIVABLES Have you assigned, either absolutely or as security, any of your accounts, or other receivables during the year immediately pre- ceding the filing of the original petition herein? (If so, give names and addresses of assignees.) None............................................ .............................................................................................. ....... 16. REPOSSESSIONS AND RETURNS the seller or y a secured F arty during the year immediately preceding the Has any property been returned to, or repossessed by, filing of the original petition herein? !If so, give particulars, including the name and address of the party getting the property andits description and value.) .... one. ...........................................•--............................_.........................._.............. .•.......................................................................................•................ ................................................................................................. _ 17. BUSINESS LEASESyour rental, the date If you are a tenant of business property, what is the name and address of your landlord, the amount of to which rent had been paid at the time of the filing of the original petition herein, and the amount of security held by the landlord? ...Ncme_......................••---...................-•---•••--•-...............•---••---••--•----................._..........................•••-••••............................................._............._ .......................................................................•••....................... .... 18. LOSSES a. Have you suffered any losses from fire, theft, or gambling during the year immediately preceding the filing of the original petition herein? (If so, give particulars, including dates, names, and places, and the amounts of money or value and general description of property lost.) .None. .........................................................................•-._.........._............ ......................................................... ...............................•--..................................................._.............-•----.................-_................. b. Was the loss covered in whole or in part by insurance? (If so, give particulars.) .NSA------_................................... ------------------------- .................•---•--...-•--•--•--....................................---...............•-•..............._... 19. WITHDRAWALS a. If you are an individual proprietor of your business, what personal withdrawal;of NnyAkind have you made from the business during the year immediately preceding the filing of the original petition herein. ................................................................................. •-•--•......................................................................................................................... .................................................••---............_.....---...................................-•---•..........._...................................................... b. If the debtor is a partnership or corporation,what withdrawals, in any form (including compensation or loans),have been made lder of the or received by any member of the partnership, or by any officer, director, insider, managing executive, or ahareho corporation, during the year immediately preceding the filing of the original petition herein? (Give the name and designation or relationship to the debtor of each person, the dates and amounts , and the nature or purpose thereof.) of withdrawals Debtor loaned Wilbur A. Bishop, Jr. , $90,000 from Decetnbe,;.,•.._ .X81th.:r gtl..�T41 Y.:....z4$2=•-. ............................................................ .--•-•......... ........_.._..... ...•--- Mr. Bi hop...uses3-..thg...rnAll.y...to..xeduze..dehts...aw.iug..to...areditors..bQ1d ng...security......................... .......... interests in debtor's read..PX9.P.e ty........._...._... .....................................................................••----..............................._... _..........................................................._.........................................---.._...---.........-----........................................................_........................................_.._ 3 (Form No.S.Paxe i) r ( STEVE.IS-NESS LAW roAlo�d.0,.g..972046LI5NING COOL. 20. PAYMENTS OR TRANSFERS TO ATTORNEYS receding or since the filing of the original petition herein? a. Have you consulted an attorney duringthe Exhibit Biately preceding he (Give date, name. and address.) ..............................................._... b. Have you during the year immediately preceding or since the filing of the,original PvettlarticulersPnluding amountrpaidnor ferred any property to the attorney, or to any other person on his behalf ee Exhibit BP __•„•-_._.•.-.-..••............................................ value of property transferred and date of payment or transfer.) ............................................ .......................................................................................................................................................a c. Have you, either during the year immediately preceding or since the filing of the original ?etition herein, agreed to pay any money or transfer any property to an attorney at law. or to any other person on his behalf. (If so, give particulars, including See Attorney's Disclosure••Statement_,of___Compensation__Paid or amount and terms of obligation.) .............. .•••-••-••-- ...................................._..........................................................._......... tobe id............................................ ...........-...-........... •...................... additional questions should be answered.) (If the debtor is a partnership or corporation, the following 21. MEMBERS OF PARTNERSHIP OFFICERS, DIRECTORS, MANAGERS, AND PRINCIPAL STOCKHOLD_ . OF CORPORATION executive, and of each stockholder holding 20 ger cent or more of the issued and outstanding stock, of a. What is the name and address of each member of the partnership, or the name, title, and address of each officer, director, in- sider, and managing .......................................................... .........._................................................................. the corporation? ..See_Exhibit,_C.- ______,... ................................................................ .........................................................................................................member withdrawn from the part b. of the corporation terminated his relationship, or any sock- 3 b. During the year immediately preceding the filing of.the original petition herein, has any p g give nership, or any officer, director, insider, or managng yes. Stanley S�.ael� an holder holding 20 per cent or more of the issued stock disposed of more than 50 per cent of his hold' g ' (If`s� g . name r and address and reason for withdrawal, termination, or dis osition, if known.) .-:::-: ._......... ....................... ................... i Stan Ruble, 505 plaza 600 Building, Seattle, Washington 98101, resigned as directors . .... a and officers in December....1 '........................................................................... .............................. .................................I................. ...................•......... ......................................................................................................................................................................... • more of the stock of the corporation during the year immediately pre c. Has any person acquired or disposed of 20 per cent or . ceding the filing of the petition? (If t so, give name and address and particulars.) ..No................................................................... ............................................................................... ................................................... ........ ......................... ..............................................•-............................ certify under penalty / Wilbur..?:�:...��sho�,...,7x...................••-•-----••---•-----•--- --•_ ••---..............._.....---••---...., I , of perjury that I/atte have read the answers contained in the foregoing at the statement of affairs and Y are True and correct to the best of my/Amr knowledge,information,and belief. ( ...r...................... December 17, 1932 ..... -`-..... s... (SIGNATUREI Executed .......... ...................... to, , ......................... DATE ............... .............. (SIGNATUREI 'Personson r should indicataposition n ar relationship to debtor] (Form No.S.Pace 4) EXHIBIT A TO STATEMENT OF AFFAIRS Answer to Question 12b On December 22, 1981, judgment was entered in favor of Gordon T. Pipkin and against debtor and others in Washington County, Oregon, Case No. 43-768 . The action was brought to collect a debt and to foreclose plaintiff's contract of sale of Parcel 6 . Plaintiff had not caused the property to be sold at execution before debtor filed its petition herein.) ' EXHIBIT B TO STATEMENT OF AFFAIRS 1. Steve Janik c/o Ball, Janik & Novack 1400 One Main Place 101 S. W. Main Street Portland, Oregon 97204 Consultation throughout the past year. $1, 400 paid in September, 1982. 2. Kevin D. Padrick Miller, Nash, Yerke, Wiener & Hager 900 S. W. Fifth Avenue Portland, Oregon 97204-1266 s Consultation since October, 1982. See Attorneys ' Fees Disclosure Statement. 3. Bennett Goldstein, Bill McAllister and Marc Norby Stoel, Rives, Boley, Fraser & Wyse 900 S. W. Fifth Avenue Portland, Oregon 97204-1266 Consultation throughout the past year. Payments in 1981 and 1982 of approximately $2, 800 . 4. Joyle Dahl c/o Tonkin, Torp, Galen, Marmaduke & Booth 18th Floor 1001 S . W. Fifth Avenue E Portland, Oregon 97204 Consultation throughout the past year. Payments in 1981 and 1982 of approximately $800. 5. Sinsheimer & Meltzer, P.C. 1930 Bank of California Tower Seattle, Washington 98164 Consultation to present since July, 1982. Payment in August, 1982 , of approximately $200. 6. Chuck Carnese 200 S. W. Market Street Portland, Oregon 97201 Consultation throughout the past year. None. t INN IN t i i i t�t t: EXHIBIT C TO STATEMENT OF AFFAIRS Answer to Question 21a 1. Wilbur A. Bishop, Jr. , same address as debtor, is the sole stockholder, the sole officer and a director of debtor. 2. Kristen K. Bishop, same address as debtor, is a director of debtor. k• r" L Port orad,SfEVENS-NESS ego`97204PUBLISHING CO. UNITED STATES BANKRUPTCY COURT FOR THE -- DISTRICT OF Oregon In re 382-03906 MAIN STREET LAND CORPORATION,..................................... Case No. .11............................. .................. Debtor M ATTORNEY'S DISCLOSURE STATEMENT OF COMPENSATION PAID OR TO BE PAID (Pursuant to Rule 219(b)) Foran No. 71, 0d.b., 1, 1979 I state that I have no agreement to share compensation in connection with this case with any other person except a partner or regular associate of my law firm, other than as hereinafter disclosed. In compliance with Rule 219(b) of the Rules of Bankruptcy Procedure, I submit the following state- ment of compensation paid, or promised for services rendered or to be rendered in connection with this case, together with the source of the compensation so paid or promised: We have received $5,000 from debtor and Wilbur A. Bishop, Jr. , and Kathleen K. Bishop, debtors in Case No. 382-03350, as a retainer to be applied against fees billed to debtors in both cases at our standard hourly rates, which range from $60 to $120. If the retainer is insufficient, we will apply court for an allowance of fees from the estate. MILLER, NASH, YERKE, WIENER & HAGER Kevin D. Padrick t Attorney for he Deb g RNEY FOR Rule 219(b) : "DISCLOSURE OF COMPENSATION nheappli slforocompeen ation,DTO shall fiille wiitth he court onor B foother e — Every attorney for a debtor, whe set- the first date he compensation paid eor'ng of promised him for the servicesor at such erender d oreto betrendered in connection statement with ting for P •the case, the source of the compensation so paid or promised, and whether the attorney has shared such or agreed to share such compensation er other person. statement include ls of pa or agreemenosharbY hattoey, btthe detaIs ofnyagreement fothe sharing of his compensation th a member or regular associate of his law firm shall not be required." Note: It is recommended that this statement be filed at the time of filing the schedules.