City Council Packet - 09/12/1983 TIGARD CITY COUNCIL PUBLIC NOTICE: Anyone wishing to speak on an
REGULAR MEETING AGENDA agenda item needs to sign on the appropriate
SEPTEMBER ' ?, 1983, 7:30 P.M. sign-up sheet(s). If no sheet is available,
FOWLER JUNIOR HIGH ask to be recognized by the Chair at the start
10865 SW WALNUT of that agenda item. Visitor's agenda items are
TIGARD, OREGON 97223 asked to be kept to 2 minutes or less; longer
matters can be set for a future Agenda by con-
tacting either the Mayer or City Administrator.
1. REGULAR MEETING:
1.1 Call To Order and Roll Call
1.2 Pledge of Allegiance
1.3 Call To Staff and Council For Non-Agenda Items
2. KEY TO CITY & RESOLUTION NO. 83-78 - Howard Williams
o Presentation by Mayor and Council
3. VISITOR'S AGENDA (2 Minutes or Less, Please)
RECESS COUNCIL MEETING
4. TURA MEETING
4.1 Call To Order and Roll Call
4.2 Business Meeting
4.3 Adjourn
RECONVENE COUNCIL MEETING
5. WCCLS LEVY DISCUSSION
o City Administrator
6. DELINQUENT SEWER CHARGE POLICY DISCUSSION
o Director of Public Works
7. SW 68TH AVENUE STREET LID #43 (Council Consideration continued from
8/22/83)
o Director of Public Works
o Consideration by Council
o Ordinance No. 83- Approving LID Formation ti
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8. SW 114TH STREET VACATION - (continued from 8/22/83)
o Public Hearing Reopened
o Summation by Public Works Director
o Public Testimony: Proponents, Opponents, Cross-Examination
o Staff Response
o Public Hearing Closed
o Consideration by Council
9. DEVELOPMENT CODE
o Summation by Planning Staff (continued from 8/22,/83)
o Consideration by Council
PAGE 1 - COUNCIL AGENDA - SEPTEMBER 12, 1983
10. 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:
o Approve Board and Committee Appointments
Park & Recreation Board Resolution No. 83-77
Tigard Planning Commission Resolution No. 83-79
Library Board Resolution No. 83-80
Transportation Committee Alternate Resolution No. 83-81
o Approve Legal Services Priority List
o Ratify S.P. Crossing Permit - Resolution No. 83-50
o Approve Council Calendar
o Approve Speed Zone Study Request:
SW Hampton - Resolution No. 83-82
SW 66th - Resolution No. 83-83
— o Approve SW 100th Sewer Line LID Bid Award
o Approve OLCC License - Tigard Beer & Wine, 12490 SW Main St.
(corner of Burham & Main) Package Application
o Accept Public Improvements:
Englewood I Resolution No. 83-84
Englewood II Resolution No. 83-85
Englewood III Resolution No. 83-86
o Approve & Authorize Signatures: Subdivision Performance Bond &
Compliance Agreement Copper Creek Phase III
o Approve Emergency Communications Study Report
o Receive and File
Attorney memo re: Mayor's Resignation
o Approve P.W. & Police Radio Maintenance Agreement
o Approve Council Minutes from August 9 & 15, 1983
o Approve Support For Solid Waste Transfer Station Resolution No.
83-87
11. NON-AGENDA ITEMS: From Council and Staff
12. ADJOURNMENT
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PAGE 2 - COUNCIL AGENDA - SEPTEMBER 12, 1983
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T I G A k D C I T Y C 0 U N C I L
REGULAR MEETING MINUTES - SEPTEMBER 12, 1983 - 7:30 P.M.
1. ROLL CALL: Present: Mayor Wilbur Bishop (arriving 9:00 PM) ; Councilors:
Tom Brian , John Cook (leaving 11:33 PM) , Kenneth Scheckla and
Ima Scott ; City Staff: Frank Currie, Director of Public
Works ; Doris Hartig, City Recorder; Bob Jean, City
Administrator; Bill Monahan, Director of Planning &
Development; and Ed Sullivan, Legal Counsel.
2. CALL TO STAFF, COUNCIL & AUDIENCE FOR NON-AGENDA ITEMS
City Administrator gave update on items distributed this evening for
Council consideration.
Councilor Scott requested a report from Public Works Director on 72nd
Street LID liability report.
3. KEY TO CITY AND RESOLUTION NO. 83-78 A RESOLUTION OF APPRECIATION FOR THE
FUND RAISING EFFORTS OF HOWARD
WILLIAMS AND HOWARD'S FAMOUS RIBS
Mayor Bishop presented Resolution and Key to City to Mr. Williams
recognizing his fund raising effort for the restoration of the windmill on
S.W. 121st Avenue.
�. City Recorder's note: It was by consensus of Council this resolution was
prepared. However, the resolution was not adopted by formal action of the
Council.
COUNCIL MEETING RECESSED AT 7:45 P.M. AND RECONVENED AS 'TURA BOARD
4. TURA MEETING
4.1 Roll Call: Present: Chairman Wiibur Bishop, Board members Tom
Brian, John Cook, Kenneth Scheckla and Ima Scott.
4.2 Business Meeting
o Senator Jeannette Hamby, Hillsboro, spoke on S.B. 385 noting changes
which take effect October 15, 1983. After summarizing the law, she
suggested the TURA Board recognize and act in full faith within the
law. Chairman Bishop responded the Board was aware of the changes
and were taking steps to be in compliance.
o Tom Dennehy, 16421 N.E. Holladay St. , Portland, wanted the Board to
be alert to the fact that in his opinion most of the property tax
money collected in future years will be used to pay for TURA bonds
and cautioned regarding falling into trap of un-ending payments.
PAGE 1 - COUNCIL MINUTES - SEPTEMBER 1.2, 1983
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o Board Member Scott questioned Attorney regarding use of public money {
( to promote TURA. Cicy Attorney stated information can be distributed F
but cannot advocate a "yes" or "no" vote. Board Member Scott
requested Attorney's opinion on information distributed in city
newsletter "All About Town".
4
MEETING ADJOURNED: 8:06 P.M.
COUNCIL RECONVENED
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5. WCCLS LEVY DISCUSSION
a. City Administrator summarized staff memo and synopsized history of
past levy. He reported the Library Board supported formula 3 for a
3-year levy in the amount of $2,210,555. The estimated share for the E
City of Tigard would be $153,750 per year. Council and City
Administrator discussed specifics of alternate three and Council's e
recommendation as to when election should be held. Councilor Scott
stated she would not support anything that will put more taxes on the
people until after the September 20th election. Consensus was to
recommend May primary. 4,
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b. Councilor Brian moved, seconded by Cou. _ilor Cook, to support the
WCCLS levy in the amount of $2,210,555.
Motion approved by 4-1 vote of Council with Councilor Scott voting
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6. DELINQUENT SEWER CHARGE-POLICY DISCUSSION
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a. Director of Public Works synopsized memo noting there was currently
no set policy in the City code. He recommended an ordinance be
prepared that would allow staff to collect from the present property
owners back three years. He commented going beyond the 3 years would
not be cost effective. t
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o Council and Director of Public Works discussed recommendation and
sewer billing process.
b. Motion by Councilor Cook, seconded by Councilor Brian, staff be
directed to prepare an ordinance that allows collection of delinquent
sewer service charges from present owners, not to exceed 3 years of
charges and allow for time payments for amounts in excess of $100.
Motion approved by unanimous vote of Council.
7. S.W. 68TH AVENUE STREET LID #43
a. Staff recommended item be continued to October 10, 1983 as Rep. Norm
Smith is working with the State of Oregon regarding financial
assistance for this area.
b. Motion by Councilor Cook, seconded by Councilor Brian, to continue to
October 10, 1983.
PAGE 2 -- COUNCIL MINUTES - SEPTEMBER 12, 1983
o Engineering Supt. John Hagman reported information was mailed to all
property owners regarding state deferred assessments. He gave a
status report regarding remonstrances stating 29.4% were against the
signed the petition for the project.
project and that 65%
Motion approved by unanimous vote of Council.
8. S.W. 114TH STREET VACATION
a. Public Hearing Reopened F
b. Motion by Councilor Brian, seconded by Councilor Scheckla, to
withdraw the petition.
Bull Mt. Road, Tigard, discussed with
o Fred Anderson, 11550 S.W. }
Council and City Attorney procedures followed and who sponsored the l
application. He requested Resolution 83-66 be cancelled.
o Councilor Brian, with approval of Councilor Scheckla, amended motion f
to add that Resolution 83-66 is withdrawn.
Motion as amended was approved by unanimous vote of Council. r
COUNCIL RECESSED AT 9:00 P.M. AND RECONVENED AT 9:30 P.M.
MAYOR BISHOP LEFT F
9. DEVELOPMENT CODE a
a. Consensus of Council was to take clarification testimony from members
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of audience.
o Marilyn Tarkiainen, 9475 S.W. Oak, Metzger, spoke regarding her z
property at 5935 S.W. Burnham, noting it borders on Airking site and
railroad is on one side. They are ready to develop property and
requested light manufacturing and office space. They would like an f
exception be made for their property.
o Staff recommendation is to allow a Conditional Use for light
manufacturing. Council and staff discussed other pieces of land
having limited use near the railroad tracks. Gary Ott, representing
NPO #1, commented they did not want light industry in area.
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o Jim Miller, 1218 S.W. 63rd P1. , Portland, reinterated his comments s
regarding limited parking in the triangle area. It feels it will be
an economic loss to the city and recommended parking spaces for
standard cars be 9' and 8'6" for compact cars. He had no objection
to length of spaces or the turning radius. He urged consideration be
given to small property owners.
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o Staff discussed issue stating they wanted to put a uniform standard
on the books and were comfortable with 9' x 18' for standard cars and
8'6" x 15' for compact cars.
PAGE 3 - COUNCIL MINUTES - SEPTEMBER 12, 1983
o Staff recommc-dation was approved by consensus of Council.
o Lee Davis, property owner next to Airking, testified against
commercial zoning on his property and requested Council take another
look at his zoning that will allow manufacturing along the railroad
tracks.
o Bill Cox, representing Randall Co. , 9500 S.W. Barbur Blvd. , Suite
300, Portland, OR 97219, referred to his letter of August 29, 1983
and spoke to his concerns in the CBD zone. He addressed the issue of
the large amount of setbacks for commercial and residential uses and
requested guidance regarding the mini warehouse problem. He
requested the 59 units that have always been used for light
manufacturing be grandfathered, noting they have been in operation
for almost 10 years. They were not asking for consideration of the
remaining units.
o Gary Ott, Chairman of NPO #1, stated the NPO has no opposition as to
the grandfathering but the question is as to what is "allowable
existing uses."
o Council and staff discussed how to work out the problem with
consensus of Council to allow the 59 units as grandfathered as long
as there is no change in the use. Mr. Cox is to work with staff.
o Bob Bledsoe, representing NPO #3, spoke from the homeowners viewpoint
and took exception to Cox's comments regarding setbacks. The NPO #3
feels the recommended setbacks are necessary.
o J.B. Bishop, Suite 303, 10505 S.W. Barbur Blvd. , Portland,
recommended the compact car parking space be 8'6" and that 30% of
space be allowed for compact parking. He also spoke to the
landscaping requirements feeling they were too high as well as the
setback requirements. He also urged flexibility of zoning be allowed
in the downtown area.
b. Director of Planning and Development then reviewed with Council the
Planning Commission Errata Sheet noting where the staff and Planning
Commission were in agreement and where there were changes. All pages
(1-A through 1-S) were approved as submitted except as follows.
o Page 1-L 1II-23 Staff recommendation is to retain 7,500 sq. feet.
Consensus of Council was to support 7,500 sq. feet.
o Page 1-M III-38 sideyard setbacks against residential district zone -
no consensus of Council; staff to come back with a recommendation.
o Page 1-0 IV-29 Planning Commission wants to hear sensitive land
issues in the floodplain. Consensus of Council to stay with the
hearing officer and retain existing code.
o Page 1-R V-16 Specifying the size of street trees. Consensus of
Council the size of trees should be 3" caliper at 4' above the ground.
PAGE 4 - COUNCIL MINUTES - SEPTEMBER 12, 1983
0 Page 1-S VII-40 Consensus of Council to discuss item when Mayor is
present.
C. Council then discussed remodeling of homes and garages as well as the
enforcement problems.
d. Motion by Councilor Cook, seconded by Councilor Scott to adopt the
Planning Commission recommendations except items as removed by th
Planning Director and continue consideration to September 19, 1.983.
Motion approved by unanimous vote of Council present.
J.0.1 RESOLUTION NO. 83-77 A RESOLUTION OF THE TIGARD CITY COUNCIL RATIFYING
APPOINTMENT TO THE TIGARD PARK AND RECREATION BOARD.
o Appointment of Myrna Pinkerton for term expiring 12/31/84.
a. Motion by Councilor Cook; seconded by Councilor Brian, to approve.
Approved by unanimous vote of Council present.
10.2 RESOLUTION NO. 83-79 A RESOLUTION OF THE TIGARD CITY COUNCIL RATIFYING
APPOINTMENT TO THE TIGARD PLANNING COMMISSION.
o Appointment of Milton F. Fyre for term expiring 7/1/84.
a. Motion by Councilor Cook, seconded by Councilor Brian, to approve.
Approved by unanimous vote of Council present.
10.3 RESOLUTION NO. 83-80 A RESOLUTION OF THE TIGARD CITY COUNCIL RATIFYING
APPOINTMENT TO THE TIGARD LIBRARY BOARD.
0 Appointment of Jane P. Miller for term expiring 6/30/85.
a. Motion by Councilor Cook, seconded by Councilor Brian, to approve.
Approved by unanimous vote of Council present.
10.4 RESOLUTION NO. 83-81 A RESOLUTION OF THE TIGARD CITY COUNCIL MAKING
APPOINTMENT TO THE WASHINGTON COUNTY" TRANSPORTATION
COMMITTEE.
o Appointment of Eunice Day for term expiring 9/30/84-
a. Motion by Councilor Cook, seconded by Councilor Brian, to approve.
Approved by unanimous vote of Council present.
10.5 APPROVE LEGAL SERVICES PRIORITY LIST
a. Motion by Councilor Cook, seconded by Councilor Brian, to approve.
Approved by unanimous vote of Council present.
PAGE 5 - COUNCIL MINUTES - SEPTEMBER 12, 1983
10.6 RESOLUTION NO. 83-50 RESOLUTION OF THE TIGARD CITY COUNCIL APPROVING
ENTERING INTO AN AGREEMENT WITH THE SOUTHERN
PACIFIC TRANSPORTATION COMPANY FOR THE 72ND AVENUE
MAINLINE CROSSING.
a. Motion by Councilor Cook, seconded by Councilor Brian to ratify
approval.
Approved by unanimous vote of Council present.
10.7 APPROVE COUNCIL CALENDAR
a. Motion by Councilor Cook, seconded by Councilor Brian, to approve.
Approved by unanimous vote of Council present.
10.8 RESOLUTION NO. 83-82 A RESOLUTION REQUESTING THE OREGON STATE SPEED
CONTROL BOARD TO INITIATE AN INVESTIGATION TO
ESTABLISH A POSTED SPEED ZONE(S) ON S.W. HAMPTON
STREET.
a. notion by Councilor Cook, seconded by Councilor Brian, to approve.
Approved by unanimous vote of Council present.
10.9 RESOLUTION NO. 83-83 A RESOLUTION REQUESTING THE OREGON STATE SPEED
CONTROL BOARD TO INITIATE AN INVESTIGATION TO
ESTABLISH A POSTED SPEED ZONE(S) ON S.W. 661H
AVENUE BETWEEN S.W. CLINTON AND S.W. 68TH PARKWAY.
a. Motion by Councilor Cook, seconded by Councilor Brian, to approve.
Approved by unanimous vote of Council present-.
10.10 APPROVE S.W. 100TH SEWER LINE LID BID AWARD
a. Staff reported that bid was under Engineer's estimate and recommended
accepting the low bid of Jim Smith Excavating in the amount of
$12,693.70. In accepting the low bid, the City will increase their
participation cost as each affected property owner had an
understanding his assessment would be fixed at $3,108.33.
The following bids were received:
Toby's Excavators $16,984.
Bones Construction Inc. $23,378.
Jim Smith Excavating $12,693.70
Cascade Ditching $18,267.17
Schmidt's Excavating $18,361.
Miller & Sons, Constr. $12,392.80 $12,813.80**
**Corrected Unit Price Extensions
PAGE 6 - COUNCIL MINUTES - SEPTEMBER 12, 1983
b. Motion by Councilor Cook, seconded by Councilor Brian to award
contract to Jim Smith Excavating in amount of $12,693.70, with City
bearing the increase.
Approved by unanimous vote of Council present.
10.11 APPROVE OLCC LICENSE - Tigard Beer & Wine, 12490 S.W. Main St.
(corner Burnham and Main) Package Application
a. Motion by Councilor Cook, seconded by Councilor Brian to approve.
Approved by unanimous vote of Council present.
10.12 RESOLUTION NO. 83-84 A RESOLUTION OF THE TIGARD CITY COUNCIL ACCEPTING
THE PUBLIC IMPROVEMENTS CONSTRUCTED WITHIN
ENGLEWOOD I SUBDIVISION.
a. Motion by Councilor Cook, seconded by Councilor Brian to approve.
Approved by unanimous vote of Council present.
10.13 RESOLUTION NO. 83-85 A RESOLUTION OF THE TIGARD CITY COUNCIL ACCEPTING
THE PUBLIC IMPROVEMENTS CONSTRUCTED WITHIN
ENGLEWOOD II SUBDIVISION.
a. Motion by Councilor Cook, seconded by Councilor Brian to approve.
_ Approved by unanimous vote of Council present.
10.14 RESOLUTION 110. 83-86 A RESOLUTION OF THE TIGARD CITY COUNCIL ACCEPTING
THE PUBLIC IMPROVEMENTS CONSTRUCTED WITHIN
ENGLEWOOD III SUBDIVISION.
a. Motion by Councilor Cook, seconded by Councilor Brian to approve.
Approved by unanimous vote of Council present.
10.15 APPROVE AND AUTHORIZE SIGNATURES: Subdivision Performance Bond &
Compliance Agreement - Copper Creek Phase III.
a. Motion by Councilor Cook, seconded by Councilor Brian to approve and
authorize signatures.
Approved by unanimous vote of Council present.
10.16 APPROVE EMERGENCY COMMUNICATIONS STUDY REPORT
a. Motion by Councilor Cook, seconded by Councilor Brian to approve
report.
Approved by unanimous vote of Council present.
PAGE 7 - COUNCIL MINUTES - SEPTEMBER 12, 1983
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10.17 RECEIVE AND FILE - Attorney Memo Re: Mayor's Resignation
a. Motion by Councilor Cook, seconded by Councilor Brian to receive and
file.
Approved by unanimous vote of Council present,
10.18 APPROVE PUBLIC WORKS AND POLICE RADIO MAINTENANCE AGREEMENT
a. Motion by Councilor Cook, seconded by Councilor Brian, to authorize
City Administrator to sign agreement with Communications Enterprises
of Ore. Inc.
Approved by unanimous vote of Council present.
10.19 APPROVE COUNCIL MINUTES FROM AUGUST 9 & 15, 1983.
a. Motion by Councilor Cook, seconded by Councilor Brian to approve.
Approved by unanimous vote of Council present.
10.20 RESOLUTION NO. 83-87 A RESOLUTION SUPPORTING THE LOCATION OF A FULL
SERVICE TRANSFER STATION IN WASHINGTON COUNTY.
a. Motion by Councilor Cook, seconded by Councilor Brian to approve.
Approved by unanimous vote of Council present.
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11. NON-AGENDA ITEMS
0 72ND AVE. LID LIABILITY REPORT S
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Director of Public Works reported 11 of the 22 nonconforming property
owners have signed agreements to hold City harmless and 3 have
expressed interest to sign. ;
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COUNCILOR COOK LEFT AT 11:33 P.M. [
o Councilor Scott requested that by October 17, 1983 all of the
property owners should be contacted and a report back to Council.
12. MEETING ADJOURNED AT 11:37 P.M. j
City Recorder - Ci y of.:-T,-rgard
ATTEST:
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Mayor - City of Tigard S
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PAGE 8 - COUNCIL MINUTES - SEPTEMBER 12, 1983
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MOEN= MEMO
TIM'S PUBLISHING COMPANY Legal 7-6208
.O. BOX 370 PHONE(503)684-0360 Notice
BEA`JERTON. OREGON 97075 RECEIVED
Legal Notice Advertising S EP 14 1983
•
City of Tigard ❑ Tearsheet Notice C'TY OF TIGARO
• P.O. Box 23397 • ❑ Duplicate Affidavit
Tigard, Oregon 97223
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AFFIDAVIT OF PUBLICATION
STATE OF OREGON, )
COUNTY OF WASHINGTON, )ss-
1, Susan Pinkley
being first duly sworn, depose and say that I am the Advertising
Director, or his principal clerk, of the Tigard Times
a newspaper of general circulation as defined in ORS 193.010
and 193.020; published at Tigard in the
aforesaid county and state; that the
Legal Notice
a printed copy of which is hereto annexed, was published in the
entire issue of said newspaper for—I successive and
consecutive in the following issues:
September 8, 1983
Sub.scribed and 'to befor me//this 983
Notary Public for Oregon
My Commisa3i-ai xpir 3/16/87 Gf�L
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AGUMA ITEM # 3 VISITOR'S AGENDA
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S.W. 114th STREET VACATION
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TIGANWLIBRARY
PUBLICPhons 639--9511
12566 SW Main-Tiigard. Or.97223 MEMORANDUM September 7, 1983
TO: City Council
City Administrator
FROM: City Librarian
—
SUBJECT: WCCLS Levy Budget
The Washington County Cooperative Library Services (WCCLS) current operating levy will
end June 30, 1984.
A working group of city managers, public librarians and WCCLS staff has been discussing
and constructing various budgets for a new 3-year serial levy to be voted on in March 1984.
An integral part of the discussions has been equitable distribution of serial levy funds as
well as a sufficient amount to support all services.
Attached are four budget proposals. The formulation is the same for all four and is out-
lined at the far right side of each nage. Budgets #1 and #2 have the same total amount,
but a different amount for circulation reimbursement (Columns 2 and 3 from the left).
Budgets #3 and #4 have larger total amounts and circulation reimbursements.
At a special meeting on September 6, 1983, the Tigard Library Board considered these
budget proposals. They recommend support for budget #3. This recommendation is based
on consideration for ^tigard's increasing needs, particularly in regard to occupying a
larger space with concomitant factors of service growth and rising operating costs.
The recommendation also takes note of the needs of the larger public libraries who have
borne the greatest share of service to unincorporated areas.
The Board also expressed a willingness to support any variation in the distribution
formula that will satisfy all public libraries needs so long as the total amount of
the levy does not exceed the total amount of budget #3.
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6-2
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
x
AGENDA OF: September 12, 1983
AGENDA ITEC!
DATE SUBMITTED: September 1, 1983 PREVIOUS ACTION: None
ISSUE./AGENDA TITLE:
De2:inquent Sewer Charges
REQUESTED BY: Public Works
DEPARTMENT
ADMINISTRATOR:
HEAD OK:
INFORMATION SUMMARY
In gathering information necessary to determine who to bill in the storm water
charges, several properties were 'discovered to be connected to sewer and not
paying sewer service charges. Some of the properties have been connected for
several years. The Tigard Municipal Code does not address this question. In
order to collect these delinquent charges, staff needs some policy direction
from Council. The City Attorney as concluded that:
1. We cannot hold owners or renters liable for debts of previous owners;
2. There is no statute of limitations, and
3. Any policy should show that equal treatment was considered.
c
' zzzzazsaes:::azzzzazazzzzaszaz==azs=azaa======a==
ALTERNATIVES CONSIDERED
Enact an ordinance that would authorize staff to:
1. Start billing from when the delinquency was discovered, OR
2. Collect total amount of debt incurred by present owner, no matter how
far back it goes, and include a conscience statement of equal treatment.
zoras::aczzzz=samzzzazazz=a==Y=_�=��=a====
SUGGESTED ACTION
l_ Staff recommends that an ordinance be drafted for Council consideration that allows
collection of sewer services charges from present owners not to exceed 3 years of
charges from the date of discovery of the delinquency, and that a determination be
made that collections dating
ntsfurther
for back
than
in exc years
ss are inequitable. The ordinance
should allow for time payor
O'DONNELL. DATE August 29 , 1983
-SULLIVAN & RAMIS
ATTORNEYS AT LAWTo Frank Currie, Tigard Public Works Director
1727 N.W. HOYT STREET
PORTLAND. OREGON 97209
15031222-4402 FROM Ed Sullivan & Adrianne Brockman
RE Nonpayment of Sewer Charges
You have asked if there are any underlying legal considerations
in establishing a policy regarding the collection of sewer
charges which have never been billed.
The underlying legal principle is that, when one accepts a benefit,
they are liable for the amount due. Attached you will find a
general discussion of the matter contained in the Local Government
CLE published by the Oregon State Bar.
The Oregon statutes do speak to the matter. A copy of ORS
454. 225 is attached. In summary, the statute provides:
1. The city may charge for services.
2. If the charges are not paid, the city may require the
i
back payment of amounts due together with penalities,
interest and costs.
3. The amount due may be recovered by an action at law
or by placing it on the -tax rolls.
There are other legal considerations:
1. You cannot hold a renter or owner liable for the debts
of a previous renter or owner.
2. There is no statute of limitations applicable to cities.
3. The Tigard Municipal Code does not address this question.
Therefore, it will require a council policy determination
and action. It is recommended that the action be
written in ordinance form and amended into the Tigard
Municipal Code.
There are a number of considerations in the formulation of a
policy:
1 . _How far back do you go in collecting the fee? The
following are the pros and cons of going back to when the current
owner purchased the dwelling or the current renter occupied the
dwelling.
a. Pro
(1) Such a policy would provide for equal appli-
cation of the fee to all persons.
r (2) When a benefit is provided and the benefit is
accepted, a debt has been incurred.
AB:mch
8/29/83 '
Page 1
O'DONNELL. DATE August 29 , 1983
•SULLIVAN & RAMIS
ATTORNEYS AT LAW
1727 N.W. HOYT STREET TO Frank Currie, Tigard Public Works Director
PORTLAND. OREGON 97209
15031 222-4402 FROM Ed Sullivan & Adrianne Brockman
RE Nonpayment of Sewer Charges
(3) The city has a duty to collect the fee and
failure to do so creates liability unless it can be
shown through a. statement that there are extenuating
circumstances.
b. Against
(1) It may be difficult to collect and require
extensive litigation. Therefore, the cost benefit to
the city would be a negative.
(2) It may be difficult to determine when there
was a change of ownership or a change of renters.
(3) Some people may find it difficult to pay a
large back assessment.
(4) The payment will be unequal since it will be
based on the length of occupancy.
2. Should the city charge a penalty and interest?
a. The city may wish to provide that the interest and
penalty not apply until after notice has been given. Therefore,
you would not be charging a penalty and interest in a situation
where no notice of the amount due had been given.
3. Which enforcement remedies does the city wish to pursue
and how do you collect from renters?
CONCLUSION
The bottomline is that:
i . You cannot hold a renter or owner liabile for the debts
of a previous renter or owner.
2 . There is no statute of limitations applicable to cities.
3 . There should be a statement showing that equal treatment
was consciously considered.
If you have any questions, please call. If you need any assistance
in outlining the process or preparing the necessary for council
action, we will be happy to assist you.
i
AB:mch
8/29/83
Page 2
§7.43/Utilities and Franchises
must have a reasonable relationship to the purpose for vfhich the classifica-
tion is made. Insofar as municipal utility rates are concerned, this means
that a difference in rates must find justification in differing conditions of ser-
vice." 216 Or at 178. The court found no such justification and therefore
held the classification unreasonable.
C. (§7.43) Rates as Taxes, Assessments or Liens
A fee charged for utility service is usually not considered a tax or an
assessment. Thus, the rules requiring all taxes to be uniform and
assessments to be apportioned in accordance with benefits do not ap-
ply. The charge for services rendered is more appropriately based upon
contract. "The transaction really amounts to an offer by the municipal
corporation and an acceptance by the party who takes the water, thus
forming a contract." City of Stanfield v. Burnett, 222 Or 427, 435,
353 Ptd 242 (1960).
The general rule and the rule in Oregon is that utility charges are not
a lien on the property served unless it is so provided by statute or by
charter authority. Oliver v. Hy/e, 14 Or App 302, 513 Ptd 806 (1 973)
(casenote in §7.16). There appears to be no statute in Oregon creating
a lien for such charges. However, ORS 225.350 does provide that un-
paid service charges for irrigation and fire protection may be certified to
the tax assessor for collection. Likewise, ORS 224.510 permits cities,
unless their charter provides otherwise, to impose on the users of
water a sewage charge. Pursuant to ORS 454.225 such charge may
also be certified to the tax assessor for collection if not paid.
QUERY: Does a "general grant of power" clause in a charter give
sufficient authority to establish by ordinance a lien on property for
delinquent utility charges? In the Oliver case, the rule of law
espoused by the court is that the charter itself must create the lien;
an ordinance purporting to create a lien is insufficient and invalid. r
Although the Portland City Charter provided for discontinuance of
water service to premises for which a bill remained unpaid, the
court held that this language did not create a lien. The court further t
stated that "absent a lien, a charter or ordinance which seeks to
hold a tenant liable for the water debts of a prior occupant is
unreasonable and void." 14 Or App at 312. Whether a city could
look to a "general grant of power" clause for its authority to pro-
vide by ordinance appropriate procedures to establish a lien on
property for nonpayment of a water bill was not directly answered
by the Oliver case. However, in view of the language in this case, it
7-34
t
)
F.
(
f
i
c
Utilities and Franchises/§7.44
is arguable that a charter itself must specifically provide for the
creation of the lien.
D. (§7.44) Miscellaneous Charges
There are many methods used by local governments to finance ac-
quisition, operation and maintenance of utility systems. These may in-
clude bonding, subdivision exactions and annexation conditions. A
discussion of these methods will be found in Chapter 9, infra. This sec-
Ore on
tion will address the innovative devices employed by many 9
cities to finance the expansion of their systems in response to urban
growth.
`a Connection fees are used by some cities to help finance the cost of
City ofany, 7 Or
sewer and water systems.d (1 971)n the asuch a charge was challenged. The
_-
App 277, 490 279):
ordinance in question provided (7 Or App
To establish appropriate provisions for the construction and ex-
To
a
pansion of the sanitary sewer system of the city, inclusive of
the treatment plant, and to provide for the necessary oversizing
of the sanitary sewer system, and to be assured that the cost of .
ti such construction and expansion is borne by those who receive
the benefits thereof, there is hereby established connection
charges for all connections made to the sanitary sewer system _
}
following amounts.
of the city in accordance with the
The charges imposed were upheld as being reasonably commensurate X51
.} d on the sewer system.
r � with the burden imp
ose
Another such device, commonly referred to as "systems develop- '}
i
:. ,
ment charges" or "equivalent assessments," is now being used by
several cities in Oregon. See Corvallis, Ore, Ordinance No 73-79,
r f §3(1). Corvallis, Ore, Ordinance No 72-4, §1 (effective January 3, y
_ w '
x 1972), expresses the purpose of this charge: "'that it is reasonable to
L _ enact and impose a systems development charge for the purpose of im-
' street, sewer and water facilities upon N
_ posing costs of extra-capacity
properties which create needs for those facilities." The validity of the
Bros. v. City of Cor-
Corvallis or was sustained in Montgomery '
vallis, 34 Oattack as being
r App 785, 580 P2d 190 (1978). Under an
in violation of the equal protection clause of the Fourteenth Amend- Z
by
ment, a systemcity Of Tigard
s develop ze Or. Stant te
Homebirriposeu7ders V. City of Tigard,
r
was held to be valid as a
43 Or App 791, 604 P2d 886 (1 979). f
7-35
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,�, •tH -*4,'�'.s a.a:4th `Dr y, -zK' -.r » ;:. si r:r`-Ue.y.. .c .=45rr 'F led
���:p�� � J�-.� a r..sz � F'-{ _ ^-^.aj4��tc`S"2a�x.-1Y� Z � .M„#�4'.��J+���•
���'�,- ,r,�'ti� �/,x•-",,,p��i.'�C�x" x�y�c,� --^..�c -� �,y,, Y5 "'` .., �Y� � ..� �� �`z�. � TTw.�,c'-��'�s�r�� -�.df.�-. ':.dc-,s.. �
rt
dr
tet •
Franchises
§7.43/Utilities and
yt y 454.215 PUBLIC HEALTH ANIS SAFETY
454.215 Authority over disposal sys- charter amendment or ordi
terns. (1) Any municipality may own, acquire, the question of acquiring an
construct, equip, operate and maintain, either disposal or water system, as
*t• f, y "y within or without its statutory or corporate 448.115, to a vote of its quali
limits, in whole or in part, disposal systems after approval thereof by a
with all appurtenances necessary, useful or electors, may authorize the
Y ? s convenient for the collection, treatment and cause to be issued bonds of
4 '^ disposal of sewage. The municipality may for such purposes. The bonds
41acquire by gift, grant, purchase or condemna- obligation, limited oblig
tion necessary lands and rights of way there- liquidating in character in
for, either within or without its statutory or than the amount authorized
corporate limits. For the pw-pose of acquiring and shall be subject to
i property for such uses, the municipality may 454.255. The bonds may pro
invoke and shall have the rights, powers and of principal and interest theer
1' privileges granted to public corporations un- charges to be imposed by th
- der the provisions of existing or future laws for services to be extended
pertaining to this subject. ment and use of the disposal
(2) The authority given by ORS 454.205 to If service charges are impos
E provided in ORS 454.225, su
454.255 shall be in addition to, and not in as may be deemed sufficient
derogation of any power existing in the mu- as a sinking fund for payor
nicipality under any constitutional, statutory the bond and the princi
or charter provisions now or hereafter exist- maturity.
ing. 11973 c.213 §31
(2)(a) When the Enviro
t 454.225 Rates and charges; collection. Commission or the Health D
j The governing body of the municipality may order pursuant to ORS 18
t establish just and equitable rates or charges that requires the acquisition o
to be paid for the use of the disposal system by a disposal system or a water
each person, firm or corporation whose prem- nicipality, respectively, the
ises are served thereby, or upon subsequent the municipality shall refer,
service thereto. If the service charges so estab- electors the question of a 1
lished are not paid when due, the amounts amount sufficient to financ_
thereof, together with such penalties, inter- acquisition or construction of
ests and costs as may be provided by the gov- water system. The election sl'
erning body of the municipality may be recov- in one year of the date the r
ered in an action at law, or may be certified mission or division is entered;
and presented after July 15 and on or before (b) If, within eight montl'_
the following July 15 to the tax assessor of the
of the commission or div isio=
f :kms county in which the municipality is situated body of the municipality
' and be by him assessed against the premises election in compliance with
serviced on the next assessment and tax roll this subsection, the commi
prepared after July 15. Once the service �shichever is appropriate, n
charges are certified and presented to the circuit court of the county in
assessor, the payment for the service charges
ipality is located, or to the
must be made to the tax collector pursuant to Marion County for an order
�- ORS 311.370. Such payment shall be made by
the person responsible for the delinquent holding of an election.
service charge or by the municipality who has (c) If the electors do not,'
posal system bond issue, sol;
received payment for the delinquent service
$ charge. These charges shall thereupon be to paragraph (a) or (b) of the
collected and paid over in the same manner as commission may apply to th.
other taxes are certified, assessed, collected the county in which the moi;
Yand paid over.(1973 c.213 §4; 1979 c.350§191 ed or to the Circuit Court o,"
for an order directing tha'
;,�0 454.235 Election; bonds; when elec- bonds of the municipality lx.
_ tion required; compelling elections; when pursuant to ORS 454 205
{ 0" bonds can be ordered sold. (1) The govern- directing that the proceeds
ing body of the municipality, by proposed acquisition or construction F
568
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CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
AGENDA OF: Sept. 12, 1983 AGENDA ITEM k:
DATE SUBMITTED: Sept. 7, 198.3 PREVIOUS ACTION: Public Hearing Held 8/22/83
ISSUE/AGENDA TITLE: S.W. 68th Ave
Street LID P43 REQUESTED BY: Public Works
DEPARTMENT BEAD OK: CITY ADMINISTRATOR:
INFORMATION SUMMARY
Council closed the public nearing 8/22/83 and continued discussion
to 9/12/83. Please brim your copy of ordinance that was
distributed 8/22/83.
46 2,rQVq7OI�.-✓`� O� �QrO/+f�o•e-T,OT.�os✓
ALTERNATIVES CONSIDERED
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SUGGESTED ACTION
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CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
AGENDA OF: Sept. 12, 1983 AGENDA ITEM fF: q
DATE SUBMITTED: Sept. 71 1983
PREVIOUS ACTION: Public hearing Held 8/22/83
ISSUE/AGENDA TITLE: S.W. 68th Ave
Street LID if43 REQUESTED BY: eublic Works
DEPARTMENT HEAD OK: CITY ADMINISTRATOR:
INFORMATION SUMMARY
Council closed the public nearing 8/22/83 and continued discussion
to 9/12/83. Please bring your copy of ordinance that was
distributed 8/22/83.
ALTERNATIVES CONSIDERED
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S: SUGGESTED ACTION
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
AGENDA OF: September 12, 1983 AGENDA ITEM h:
DATE SUBMITTED: September 2, 1983 PREVIOUS ACTION: Public Hearing
ISSUE/AGENDA TITLE: S-W. 68th Parkway
L.I.D. #43, Info request by Council REQUESTED BY: Council
----------------
DEPARTMENT HEAD OK: CITY ADMINISTRATOR:
INFORMATION SUMMARY
A copy of a bonded assessment deferral "informational notice" is attached for
Council reference.
This notice was mailed to each property owner within the proposed L.I.D. boundary,
per the Councils direction to furnish said owners with said information.
----------
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ALTERNATIVES CONSIDERED
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�, SUGGESTED ACTION
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August 30, 1983
Dear Property Owner:
Enclosed, please find an information circular relative to "Deferral of Bonded
Assessments."
We are sending this circular to all parties within the proposed S.W. 68th
Street Local Improvement District, to better inform each of this financing
alternative.
Very truly yours
ohn S. Hagman
Supt. Engineering Division
enclosure
JSH/dc
INFORMATION CIRCULAR
DEFERRAL OF
BONDED ASSESSMENTS
A city, county, sanitary district or domestic water district may levy special
assessments for improvements such as paving streets, building sewer lines or side-
walks. Usually, these assessments are quite large, so, upon owner request, bonds
are sold -and homeowners are permitted to pay the assessment over a period of years.
This procedure often is referred to as "Bancrofting."
1977 legislation now allows Oregon homeowners age 62 or over to defer payments on
bonded assessments on their property. The assessments must be paid, with interest,.
when you move to another home, die, or sell the property. Interest is charged on
the amount deferred at the rate of 6 per cent per year.
Under the new law, the State of Oregon will make the payments for you when they are
due and charge them to an account which establishes a lien against your property.
This will permit you to continue living on your property as long as you wish without
worrying about making these payments. All you must do is be sure to make application
each year by November 15 for the deferral of the payments due during the following
year. - Yon will be reminded by mail on or before September 1 of each year.
If, at the time of first application, you have past due assessments, you may also
defer these, and any interest and penalties.
WHAT ARE THE REQUIREMENTS FOR QUALIFICATION?
1. You mast be 62 years of age or older at the time you file the claim.
2. You, or yGj and your spouse, must own- the property or be purchasing it under
a recorded sales contract. You are not eligible for deferral if you have only
a life estate interest in the property.
3. You must live on the property.
4. If you are delinquent in the payment of the special assessments or any
installment, the. property must not have yet been sold at a foreclosure sale.
WHERE DO YOU FILE AN APPLICATION?
Application for deferral can be made at the office of the city, county or service
district where you would normally make your payments.
WHEN MUST THE APPLICATION BE FILED?
The first application may be filed at any time during the calendar year in which the
payments to be deferred come due. Application for deferral of payments due in the
next and following years must be filed before November 15 of the year preceding
the one in which they become due. It is advisable to apply in the first year for
the deferral of any past due payments, those not yet due in the current year, and
those that will become due during the next year. The application form permits you
to do this all at one time if you wish. Your first application must have attached
to it a certified copy of the agreement permitting payment of the special assessment
by installments.
If you fail to file by November 15, you will be notified by registered mail and
can then file no later than December 15 by paying a $5 late filing fee. If this
date is not met, the payments due in the next calendar year cannot be deferred
and will become delinquent unless paid; however, those due in a future year may
be deferred by filing a timely application.
WHAT HAPPENS TO THE APPLICATION?
The bonding office of the city, county or district will certify the application
and send it to -the Oregon Department of Revenue. If it is approved by the depart-
ment, the state will pay each installment included in the application when due.
CAN PAYMENTS BE MADE WHILE THE DEFERRAL CONTINUES?
i You or your spouse MmaX all or part of the deferred ,essments at any time with-
out disturbing your deferral of the unpaid portion or your ability to defer future .
installments. Certain other people may pay for you, but only if you do not object
after receiving notice from the bonding officer that payment has been offered.
All payments are made at the office of the bonding officer.
WHEN DO THE DEFERRED ASSESSMENTS BECOME DUE?
All deferred assessments, including interest, become due on August 15 of the
calendar year following the year any of these events occur:
1. The individual who claimed deferral dies.
2. The ownership of the property changes.
3. The individual who claimed the deferral no longer lives on the property
'.� (except when required to be" absent for health reasons).
CAN A SPOUSE CONTINUE THE DEFERRAL?
Yes. Should you die or become disqualified, your spouse may continue the deferral
if he or she is age 59 and one-half or more at the time, meets the other qualifica-
tions and makes application no later than August 15 of the next year.
IS THIS PROGRAM RELATED TO THE PROPERTY TAX DEFERRAL PROGRAM?
No. You may defer under either one or both programs, but you must make a separate
application for each. The deferral of one does not prevent foreclosure of the other
for nonpayment.
To apply for property Lax deferral, see the assessor of the county in which your
property is located.
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Whittack Edmund Gurney
% ManIbne Wishman 222 S.W. Harrison Apt 6D
8285 Moss Oak Ave., Portland, OR 97219
. Citrus Heights, CA 95610 !
Donald E. & Julia Gale Pollock
10211 S.W. Barbur Blvd 1202 I Thelma Lena Haneline
Portland, OR 97219 12710 S.W. 68th Avenue ;
Tigard, OR 97223
Dale C. & Wanda C. Trump Jake & Coena A. Cutshall
i; Stephen W & Lynn L. Pierce ! 12670 S.W. 68th Avenue
12525 S.W. 68th Avenue Tigard, OR 97223
Tigard, OR 97223
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Alfred Dianne indrick Lavon R. -Park`--
12560 S.W. 7 enue i 12630 S.W. 68th Avenue
Tigard, 0 223 Tigard, OR 57223
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Harold D. & Elvanah M. Maxwell
t.. 12580- S.W. 68th Avenue
Tigard, OR 97223
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James P. & Joyce J. Weist
% John J. & Jodee A. Weist
1543 C Street
Springfield, OR 97477
Wilbur D. & Nina Halferty
720.-N'.E. 91st Avenue
Portland, OR 97220
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M E M O R A N D U M
DATE: September 6, 1983
TO: Mayor and City Council
FROM: Jerri L. Widner, Finance Director
SUBJECT: DEFERRAL OF BONDED ASSESSMENTS
Attached are copies of information mailed to the properties in the proposed
S.W. 68th Street Local Improvement District.
In summary, the basic qualifications for deferral of bonded assessments are as
follows:
1. You must be 62 years of age or older at the time you file the claim.
2. You, or you and your spouse, must own the property or be purchasing it
under a recorded sales contract. You are not eligible for deferral if you
have only a life estate interest in the property.
3. You must live on the property.
If you need further information, please let me know.
JLW:ms (0077F)
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If you fail to file by November 15, you will be notified by registered mail and
can then file no later than December 15 by paying a $5 late filing fee. If this
date is not met, the payments due in the next calendar year cannot be deferred
3 and will become delinquent unless paid; however, those due in a future year may
be deferred by filing a timely application.
WHAT HAPPENS TO THE APPLICATION?
The bonding office of the city, county or district will certify the application
and send it to the Oregon Department of Revenue. If it is approved by the depart-
ment, the state will pay each installment included in the application when due.
CAN PAYMENTS BE MADE WHILE THE DEFERRAL CONTINUES?
You or your spouse may all or part of the deferred assessments at any time with-
out disturbing your deferral of the unpaid portion or your ability to defer future
installments. Certain other people may pay for you, but only if you do not object
after receiving notice from the bonding officer that payment has been offered.
All payments are made at the office of the bonding officer.
WHEN DO THE DEFERRED ASSESSMENTS BECOME DUE?
All deferred assessments, including interest, become due on August 15 of the
calendar year following the year any of these events occur:
1. The individual who claimed deferral dies.
2. The ownership of the property changes.
3. The individual who claimed the deferral no longer lives on the property
(except when required to be absent for health reasons).
CAN A SPOUSE CONTINUE THE DEFERRAL?
Yes. Should you die or become disqualified, your spouse may continue the deferral
if he or she is age 59 and one-half or more at the time, meets the other qualifica-
tions and makes application no later than. August 15 of the next year.
IS THIS PROGRAM RELATED TO THE PROPERTY TAX DEFERRAL PROGRAM?
No. You may defer under either one or both programs, but you must make a separate
application for each. The deferral of one does not prevent foreclosure of the other
for nonpayment.
To apply for property tax deferral, see the assessor of the county in which your
property is located.
I
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maim
INFORMATION CIRCULAR
DEFERRAL OF
BONDED ASSESSMENTS
A city, county, sanitary district or domestic water district may levy special
assessments for improvements such as paving streets, building sewer lines or side-
walks. Usually, these assessments are quite large, so, upon owner request, bonds
are sold and homeowners are permitted to pay the assessment over a period of years.
This procedure often is referred to as "Bancrofting."
1977 Legislation now allows Oregon homeowners age 62 or over to defer payments on
bonded assessments on their property. The assessments must be paid, with interest,-
when you move to another home, die, or sell the property. Interest is charged on
the amount deferred at the rate of 6 per cent per year.
Under the new law, the State of Oregon will make the payments for you when they are
due and charge them to an account which establishes a lien against your property.
This will permit you to continue living on your property as long as you wish without
worrying about making these payments. All you must do is be sure to make application
each year by November 15 for the deferral of the payments due during the following
year. You will be reminded by mail on or before September 1 of each year.
If, at the time,of first application, you have past due assessments, you may also
defer these, and any interest and penalties.
WHAT ARE THE REQUIREMENTS FOR QUALIFICATION?
1. You must be 62 years of age or older at the time you file the claim.
2. You, or you and your spouse, must own the property or be purchasing it under
a recorded sales contract. You are not eligible for deferral if you have only
REHM a life estate interest in the property.
3. You must live on the property.
4. If you are delinquent in the payment of the special assessments or any
installment, the property must not have yet been sold at a foreclosure sale.
WHERE DO YOU FILE AN APPLICATION?
Application for deferral can be made at the office of the city, county or service
district where you would normally make your payments.
WHEN MUST THE APPLICATION BE FILED?
The first application may be filed at any time during the calendar year in which the
payments to be deferred come due. Application for deferral of payments due in the
next and following years must be filed before November 15 of the year preceding
the one in which they become due. It is advisable to apply in the first year for
the deferral of any past due payments, those not yet due in the current year, and
those that will become due during the next year. The application form permits you
to do this all at one time if you wish. Your first application must have attached
to it a certified copy of the agreement permitting payment of the special assessment
by installments.
1
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CITY OF TIGARD, OREGON
t
l COUNCIL AGENDA ITEM SUMMARY
AGENDA OF: September 12, 1983 AGENDA ITEM #z
i
DATE SUBMITTED: September 7, 1983 PREVIOUS ACTION: Public Hearing E
held 5/22/83
ISSUE/AGENDA TITLE: S.W. 114th
Street Vacation Request REQUESTED BY: Christ The King
Lutheran. Church
DEPARTMENT HEAD OK: CITY ADMINISTRATOR:
INFORMATION SUMMARY
Council opened the public hearing 8/22/83 and continued it to 9/ 12/83.
Ed Wilbur, representing Christ the King Lutheran Church, contacted the
Planning Department on Wednesday, September 7, 1983, requesting a withdrawal
of the SW 114th Street vacation.
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ALTERNATIVES CONSIDERED
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SUGGESTED ACTION
L� Grant permission to Christ the King Lutheran Church to withdraw the petition.
CITY OF TIGARD, OREGON
i
ORDINANCE NO. 83-
AN ORDINANCE VACATING S.W. 114th STREET, A PUBLIC RIGHT-OF-WAY IN THE CITY OF
TIGARD, WASHINGTON COUNTY, OREGON.
THE CITY OF TIGARD ORDAINS AS FOLLOWS:
Section 1: The Council finds that Resolution No. 83-66 was adopted by this
Council pursuant to ORS 271.100 on July 18, 1983, and related to the vacation
of S.W. 114th Street, a public right-of-way in the City of Tigard, Washington
County, Oregon. Resolution No. 83-66 also called a public hearing to be held
on August 22, 1983, and directed that notice of said hearing be given as
required by ORS 271.130.
Section 2: The Council further finds that a public hearing as thereby
called to be held as duly and regularly held at the regular Council meeting on
August 22, 1983, at which time and place the Council afforded all interested
persons an opportunity to be heard for or against the proposed vacation of
said lands, and the Council further considered all objections thereto, in
accordance with ORS 271.080 to 271.130.
Section 3: The Council further finds that the City Recorder has certified
that all city liens and all taxes have been paid on the property proposed for
vacation and that a majority of the owners of the area affected by said
proposed vacation, computed on the basis provided in ORS 271.080, did not
object thereto in writing and that all owners affected thereby did, in fact,
favor the vacation of said area; and that Council finds that said vacation
will not substantially affect the market value of any abutting property.
Section 4: The Council further finds that the publl-_c interest will not be
prejudiced by the vacation of the hereinafter described S.W. 114th Street and
that the said land is not useful as part of the public street, utility or road
system of the City of Tigard and that it is in the public interest that said
vacation be approved.
Section 5: The following described land is hereby vacated:
A parcel of land in Section 10, Township 2 South, Range 1 West,
Washington County, Oregon, more particularly described as follows, to
wit:
Being a point on the West line of the Northeast quarter of said
Section, which point is North 00 05' West 1012.3 feet from an iron
pipe at the center of said Section, and in the center of Bull
Mountain Road; thence continuing North 00 05' West 333.6 feet to an
iron pipe; thence North 89° 41' East 305 feet to an iron pipe at the
ORDINANCE NO. 83-
Northeast corner of that certain tract conveyed to A.L. Roberts, et
ux, by deed recorded in Book 321, page 604, on June 19, 1951, and the
true point of beginning; being also the Southeast corner of lot 11,
Coles Acres, Washington County, Oregon, thence North 89° 41' East 50
feet to the southwest corner of lot 10 of said Coles Acres; thence
South 00 05' East to a point on the center line of Southwest Bull
Mountain Road; thence South 78* 18' West along said center line to an
iron pipe at the Southeast corner of said Roberts Tract; thence North
00 05' West along the East line thereof, to the true point of
beginning.
Section 6: That the City Recorder be, and she is hereby authorized and
directed to have a certified copy of this ordinance filed for record with the
following Washington County departments:
1. Department of Records and Elections
2. Department of Assessment & Taxation - Attn: County Assessor
3. Department of Public Works - Attn: County Surveyor
Section 7: This ordinance shall become effective after such time as a
public easement(s) shall be reserved therein to provide for existing utilities
or if the dedication of easement occurs before the 30th day after enactment by
the Council and approval by the Mayor, then the ordinance shall be effective
on and after the 30th day of said enactment and approval.
PASSED: By vote of all Council members present, after being
read by title only, this day of , 1983.
Recorder - City of Tigard
APPROVED: By the Mayor, this day of 1983.
Mayor - City of Tigard
APPROVED AS TO FORM
City Attorney
ORDNANCE NO. 83-
Page 2
(EAN:dj/0076P)
ell
The sketch below is made solely for the purpose of assisting in locating said premises and the Company assumes
no liability for variations, if any, in dimensions and location ascertained 6y actual survey.
Pioneer National Title Insurance Company
A TICOR COMPANY
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BEFORE THE CITY COUNCIL, CITY OF TIGARD, OREGON
Re: Proposed vacating of a Portion of )
S.W. 114th Street , Tigard, Oregon, ) OBJECTION OF AFFECTED
Pursuant to City Resolution 83-66 ) PERSONS
The undersigned, being two of three owners and fee title
holders of Tax Lot 1400, Assessor' s Tax Map 2S1 10 AC, hereby
object in writing, pursuant to QRS 271. 130, to the proposal to
vacate a portion of S.W. 114th Street as set forth in Resolution
83-66 of the City of Tigard, Oregon.
Dated September 1983.
i
Roger n erson
Esther Lee Anderson
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CMIST THE KING LUTHERAN CHURCH
11305 S. W. Bull Mountain Road
Tigard, Oregon 97223
i,
Phone: 639-2769 Jay D. Zimmerman
ta Pastor
e
September 8, 1983 SEP 9 1983
C4T' OF TIGARD
Planning Director
City Hall
Post Office Box 23397
Tigard, Oregon 97223
Dear Sir:
The Council of Christ the King Lutheran Church of
11305 S. W. Bull Mountain Road requests the with-
drawal of the petition for vacation of the
right-of-way of S. W. 114th through the church
property.
Yours truly,
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Ed Maggio
sident
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Jay Z erman
Pastor
1
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
AGENDA OF: September 12, 1983 AGENDA ITEM 6f:
DATE SUBMITTED: September 8, 1983 PREVIOUS ACTION: Three public
ISSUE/AGENDA TITLE: hearings have been held.
Development Code REQUESTED BY:
DEPARTMENT HEAD OK: CITY ADMINISTRATOR:
INFORMATION SUMMARY
Attached are the errata sheets and input summaries of information presented to
the City Council during public hearings on the Development Code. The Council
closed the public hearing on this item on August 29, 1983, and continued
consideration until this meeting.
Council must give staff direction on each item contained in the package. Letters
previously submitted to the Council have been incorporated into the input sheets.
a,aaaaszsaassazaasaaaasasassazaacaasaaaazasa==s=________________=_____—=__-_'�==cs==__-
ALTERNATIVES CONSIDERED
Council may accept or reject any of the individual issues raised. Council action
should guide staff toward the preparation of a final draft to be submitted for
ratification on Ocotober 10, 1983.
----
SUGGESTED ACTION
{� Staff recommends that Council go through each of the input documents as well as
the June draft of the Code and make final revisions.
MEMORANDUM
September 85 1983
TO: Members of the City Council
FROM: William A. Monahan, Director of Planning & Development
SUBJECT: Development Code
FDevelopment Code, the following are
For final deliberations on the s
y
enclosed:
ission
1. The errata sheet from the Planning ubls
pic
at p hearings on 8/8 and 8/9
2. Suggestions made to the Council
3. Council input from 8/29f
4. Staff errata sheets incorporating City Attorney Office comments
5. Letter from Allison Electric Company
6. Report of the CBD Development Policy Committee
7. Minority Report of the Committee
8. Staff input on Mobile Home Robert Randall Walls Company
9. Letter from Bill Cox,
issues raised
Staff believes that all other iona h bincorporated
The Council mustdirectt staff
r
errata sheets or are up for consideration.
which items are to be included in the final draft. Staff suggests that the ;
Council be prepared to cover each area page by page to speed the process along.
(WAM:lw/0155P)
SUGGESZED BY
PAGE aL�LETE
'table Revise 18.104 to read "Additional Yard Setback
of Requirements and Exceptions"
Contents
„p ,� John Gibbon
1-1 18.02 D 2nd Line "citizens" ersons
1-2 18.04 B - entire sentence
1-2 18.08 A "Land may be used and a structure" "Land and structures"
John Gibbon
1-2 18.08 B "Each development or use shall
comply with the City of Tigard
Comprehensive Plan"
�� the "the most restrictive or that imposing the John Gibbon
1-2 18.08 C 2nd Line . . .or Code provisions
provisions of this Code shall control" higher standard shall govern"
1-2 18.08 D 4th Line . .Ordinance. No fee. . . "Code
except as provided by Chapter 18.134
Requirements.
1-2 18.08 E 2nd Line ". . .ordinance" ". . .code"
1-2 18.08 E 5th Line ". . .in Section 18.08(A)" ". . .specifically by this Code to the contrary"
1-2 18.10 1st Line "Applications and other "Each development and use application and other
procedures
1-2 18.10 Line 3 After City of Tigard "as implemented Kevin Hanway
by this Code"
1-3 18.12 A Line 5 ". . .Council as provided by "Commission as provided by Section 18.32.060(c)
00.02.060 D"
1-3 18.12 B Line 1 After guideline "as provided in subsection
(A) above"
New 18.12C "The Director shall keep on file in the
1-3 Department of Planning and development a record
of all interpretations"
LM
SAGE �dLETE 1. 0 SUGGESTED BY
1-3 Line 2 make "subdivision" into "subdivisions"
1-3 18.16 B Entirely B. "All development proposals received by the
Director after the adoption of this Code shall
be subject to review for conformance with the
standards under this Code."
1-3 18.18 A Line 2 "premises" "structure or use"
1-3 18.18 B Line 3 "permit" "building permit application"
1-3 18.18 B Line 2 "premises" "structure"
1-4 18.20 B Line 2 "whether intentional "The equities of the situation will be evaluated
or otherwise" by the applicant and the Director"
1-5 18.22.010 A Entirely "The purpose of this chapter is to set forth
the standard and governing legislative and quasi
judicial amendments to this Code and the zoning
district map"
1-5 18.22.020 "chapter" "Chapter"
1-5 18.22.030 A(2) Entirely
1-5 18.22.040 A(1) Entirely
1-6 18.22.040 A(2) Entirely
1-6 18.22-040 A(2)(a) "Proof" "Evidence" John Gibbon
1-6 18.22.040 A(2)(b) Entirely
1-6 18.22.040 AM(b) Entirely Kevin Hanway
John Gibbon
1-6 18.22.050 After A "legislative or. . ." before quasi
judicial
i
PAGE udLETE AOD SUGGESTED BY
1-7 18.24.010(b) First three lines through New B "Where this Code imposes greater
"covenants" restrictions than those imposed or required
by other rules or regulations"
1-7 18.24.020 2nd Line after use ", divide"
1-8 18.24.050 1st Line after development "for use"
1-8 18.24.050 3rd Line "and a public nuisance" Kevin Hanway
1-9 18.26.030 After Abut or Abutting Lots "or Adjacent or
Adjoining"
1-10 18.26.030 ARpeal at end of 4th line "that was considered
by the Director"
1-10 18.26.030 "Building: See structure"
1-10 18.26.030 Under Building Arrangement - "Building Type Non-residential - Buildings
delete entirely 1. not designed for use as human living quarters
comprised of the following types."
1-11 2. Residential - delete entirely "Buildings designed for use as human living
quarters comprised of the following types."
1-11 2(a) After single - "family"
After 3rd line "see definitions for mobile home
and dwelling unit"
1-11 2(b) After single - "family"
1-11 2(b) 2nd line "structure" "dwelling --nit"
1-12 2(d) After single - "family"
1-12 2(d) 2nd line After side "on separate lots or
development sites"
1-12 2(e) Entirely
PAGE udLETE Auld SUGGESTED BY
1-12 2(f) "Kulti Dwelling" "Multiple Family Dwelling"
3rd line After "located on all "single"
1-12 3(a) 6th line - "gross" "net"
1-12 3(b) 3rd line - "government" "governed"
1-12 3(d) 3rd line After occupied "by"
1-13 After definition for Commission, new
definition "Complex - A structure or
group of structures developed on one
lot of record"
1-14 Family 3rd line "need" "be" "are"
1-14 Family 3rd line "living together in a
dwelling unit"
1-14 Fence 2nd line "as a barrier"
1-15 Definition for "Final Action, Final Decision, Final
order A determination reduced in writing, signed
and filed by the appropriate approval authority, and
1) With respect to the Planning Director,
1-15 A decision made under Sections 18.32.060(A) and
18.32.210 of this Code, appealable to a further
Approval Authority, and subject to Council review.
2) With respect to the initial hearing body, a
decision made under Sections 18.32.060(B) or (C) .
3) With respect to the Council, a decision made
under Section 18.32.060(D), and subject to a
Petition for Rehearing."
1-15 Findings - Delete "Findings. A written statement of the facts
determined by the Approval Authority as the basis
for making its decision. Approval Authority applies
the relevant approval criteria or standards to the
findings in order to reach its decision."
f - �
WAGE DELETE ADD SUGGESTLD BY
1-15 Floor Area - Entirely "Floor Area. The gross horizontal area, under
roof,of all floors of a building, measured
from the exterior walls, excluding vents,
shafts, courts, and space devoted to off-
street parking."
1-16 "Implementing ordinance. An ordinance adopted
to carry out the comprehensive plan, including,
but not limited to the provisions of this Code."
1-16 Legislative
(NEED DEFINITION)
1-16 Lot after subdivision add "or partition"
1-16 Lot Coverage lot line "development site" "lot" in place of
2nd line After "vertical" "and horizontal"
2nd line At end "and parking spaces"
1-16 Lot Line. Front, 3rd line after the delete Lot Line, Front, 3rd line after the "shortest
through lot on line 4, of the two property lines which abut the street"
1-17 Major Partition - Entirely "Major Partition - A partition of land which creates
3 lots or less within one calendar year and includes
the creation of a road or street."
1-18 Person at end of lst line add "Official Advisory
Committee of the City"
1-19 "Quasi-Judicial - An action which involves the
application of adopted policy to a specific
development application or amendments."
11-1 18.30.020(A) "An application" "A request"
(A)5. Entirely
11-1 18.30.030 PRE-Application Conference 1118.30.020(8) Any persons authorized by this Code
to submit a request for approval may be represented
by an agent authorized in writing to make the
application."
i
PAGE uELETE AuD SUGGESTED BY
11-2 18.30.040 Time period for Application Time period for Request submission
Submission
11-2 18.30.040(B) and (C) delete 60 "30"
11-2 18.30.050 "Application Submittal Requirements-
Refusal of an Application"
11-2 18.30.050(D) 2 Entirely
11-2 18.30.050(D)(3)(a) 2nd line 1190" "60"
11-3 18.30.050(D)(3)(b) 2nd line 1190" 1160"
(E) 2nd line 18.32.060 18.30.060
11-4 18.30.070 (A) and (B) Entirely
11-4 18.30.070 (C) Entirely "Within 60 days after a request for a
legislative change pursuant to Section
18.30.020(A)
11-9 18.30.140 A 1. 2nd line "and other. .."
11-10 18.30.150 C - 90 60
11-12 18.32.010 3rd line after plan "or Code," 4th line
after of "these"
11-12 18.32.020 A Eliminate 1,2,3,4 111. Order of Council;
2. Resolution of a majority of the Commission;
3. The Director;
4. T.U.R.A. , a neighborhood planning
organization or City of Tigard Advisory
Board or Commission; or
5. Application of a record owner of property
or contract purchasers"
PAGE DELETE ADD SUGGESTED BY
11-13 18.32.040(c) Entirely Kevin Runway
11-14 18.32.045 A 3 Line 1 1160" 1030"
End of line 2 - "except as provided by
Section 18.32.210;
a) 1st line "as provided by" "pursuant to"
2nd line after 18.32.090 "except as provided
by Section 18.32.200"
11-14 18.32.045 A 3 (b)(2) 1st line through
acknowledged
11-14 18.32.045 A 3(b) -
New "(5) Waiver of information or additional
information required by the Director"
11-16 18.32.055 B 1st line "or. . . standard" B.1 after provision "or section of this Code"
2nd line after waived "of found to be inapplicable;
or•'
11-17 18.32.060 B. 3 entirely
11-17 18.32.060 C. 2 At end "as provided by Section
18.32.260 B, the Commission shall receive proposed
legislative changes twice yearly not more than 75
days and not less than 45 days before the first
Commission meetings in April and October."
11-17 18.32.060 C New 3 "Quasi-judicial zoning map
amendments, applications pursuant to Chapter
18.130.,,
11-18 18.32.060 D. 3 last line - 18.32.320 (B)(1) and (2)
11-19 18.32.080 A (e) 2nd line "Director" "Council"
18.32.080 A f "The appellant and" before (A] 11
11-19 18.32.080 A (f) 1118.32.220" 1118.32.240"
I �
MINIMUM:111IlIii,ill�illill
f
PAGE DELETE ADD
SUGGESTED BY
11-19 18.32.090 Contents of the Notice "For
Public Hearings"
11-20 18.32.090 A. 6 2nd line "that" "of whether"
11-23 18.32'.140 A "person wishing" 18.32.140 A - After any "party to an appeal
who wishes"
11-24 18.32.170 Record of Proceeding "For Public Hearings"
11-25 18.32.170 C (2) at end "including in the case of
an appeal taken pursuant to Section 18.32.260(A)
the record of the Director's decision as provided
by Section 18.32.210(B);"
11-25 18.32.180 The Decision Process "of the Approval
Authority"
11-26 18.32.180 E. 1. a. after carryout "applicable
provisions of"
11-26 18.32.180 E. 1. c - Entirely
d. lst line "as a part of" "to"
11-26 18.32.180 E. 2
"a. Minimum lot sizes;
b. larger set backs;
c. preservation of significant natural
features; or
d. dedication of easements."
11-27 18.32.180 After 3. "The final decision may grant
the application with respect to less than all of the
parcel which is the subject of the application."
11-28 18.32.190 A 2 After "case of all add final
11-28 18.32,190 A 2. 3rd line "signed" 18.32.190 C 1 After 18.32.080 add "and
18.32.2001'
I �
PAGE wAETE A..J SUGGESTED BY
11-28 18.32.190 C 4 "that a", "appeal on" "of whether all
4(a) and (b) Entirely New a, b, c
"a. In the case of a final decision by the
Council, the statement shall explain briefly
how a Petition for Rehearing may be filed
pursuant to Section , the deadlines
and where information can be obtained."
"b. In the case of a final decision by
the Hearings Officer of Commission, the
statement shall explain briefly how a review
can be taken pursuant to Section B,
the deadlines and where information can be
obtained."
"c. In the case of a final decision by the
Director where no appeal has been field, a
statement of that fact and that the decision
is, therefore, unappealable".
11-28 18.32.200 After Notice of "Proposed"
11-28 18.32.200 A "An action", 1118.32.050(A) "The Director's proposed action", "18.32.060(A)
11-28 18.32.200 A. 1 1st line through "notice" "Within 3 days of signing the proposed decision" Kevin Hanway
(WA!!i:pm/01 P)
` SUGGESTED BY
PAGE ILETE
i'L-29 18.32.200 C - Move C to 'D New C
"The Director shall post a copy of each notice
of decision at City Hall; and each notice of
decision shall be published in a local news-
paper of general circulation."
11-29 Now D - Move 1 to 2 New *1
"The nature of the application in sufficient
detail to apprise persons entitled to notice
of the applicant's proposal."
11-29 New S - "A map showing the location of the
property."
11-29 18.32.210 A I - 3rd line after "prior to" Add "The appeal application to the Commission shall
delete "remaining" be treated as if it were filed under Section
18.32.060(C)
b. The appeal to the Commission shall be the only
appeal opportunity for decisions by the Director.
c. De Novo reviews of the Director's decision by
the Commission shall be completed within 60 days of
when the appeal is filed.
11-29 18.32.210 A 2 Line 6 delete 1118.32.060(B)" 1118.32.060(C)"
11-30 18.32.210(8) 1st line after "shall be made" add
"within 20 days after accepting an application and
shall be made".
11-30 18.32.210(0)(1) Line 3 - everything, after 1118.32.200(C)"
"to Section"
11-30 18.32.210(C)(2) - 18.32.090(H)(5)" 1118.32.200(C)"
11-30 18.32.210 D - Entirely "The Director shall give notice of the proposed
decision as provided by Section and
shall report to the Commission and Council the
Notices of Proposed Decision given under this
section on a regular basis before such decisions
become final. The Director shall give notices
of the final decision as provided by Section
- J
==moil Mai
SUGGESTED BY
PAGE SLETE
18.32.220 After "The Effective Date of the
11-31 Decision" add "of a Public Hearing". After "Any
decision made" add "as a result of a public
hearing action". Line 5 after 1118.32.260" add "B"
11-31 18.32.230 7th line, delete 11decision" "City action"
11-31 18.32.240 A (1) Delete entirely "In the case of the review of a decision made by
an Approval Authority other than the Director, the
person appeared before that Approval Authority
either orally or in writing."
18.32.240 New B
11-31 "Requests for party status may be accepted by the
Approval Authority up until the close of the
public hearing on the matter."
11-31 18.32.250
2nd line after "notice of the" - "proposed or"
2nd line after "decision" - "respectfully"
3rd line after "appeal" - or review"
11-32 18.32.270 2nd line - 1118.32.050(A) 1118.32.060(A)
18.32.270 B 3 Kevin Hanway
11_32 18,32.270 B(3) Line 1 - delete "only"
lst line after "written" - "and oral"
1st line after "such" - "written"
18.32.270 New B 4
11-32 "Reviews on the record by Council of Hearings
Officer or Commission decision shall be
completed within 40 days of when notice of
review is filed."
11-33 18.32.280
A 4 - Add "or in the case of a proposed
decision by the Director, the date the
proposed decision was filed, and the date
notice of the final or proposed decision
was given."
11-33 18.32.280 - Delete "C" entirely /
PAGE .1.N.TL `SUGGESTED BY
11-34 18.32.320 - Delete "B" and "C" entirely Kevin Hanway
111-1 18.40.010
Low Density Dwelling units Dwelling Units
Per Net Acre Per Net Acre
1.8 1
3.7 3.5
4.9 4.6
7.4/12 7/12
111-1 18.40.010 Minimum lot size in square feet 115,000/3, J"
for medium density - SF 115,000/3,000"
Minimum lot size in square feet for "none"
high density - 111,080"
111-4 18.42.020 A(3) "Two dwellings" "Dwelling"
711-5 18.42.020 (A)(6) After "disordered" add
"mentally retarded"
111-5 18.42.020 B(4) delete "Pubic" "Public"
111-U 18.42.020 C 19 "services" "sales"
111-23 NO CHANGE - Much discussion was held '®
concerning the pros and cons of changing
minimum lot size from 7,500 to 7,000. The
Commission voted 3-2 to retain 0.
111-23 18.50.030 18.50.040 Bob Bledsoe
C. Mobile Home Parks and subdivisions, Between C & Db
Chapter 18.94.
The Commission voted 3-2 to change the Mobile
Home Parks from a Permitted to Conditional Use.
111-23 The Planning Commission referred the issue of
minimum lot size for duplex lots to the City
Council. In a 7,500 SF minimum lot size area,
should the minimum for duplex lots be 7,500 SF
or 5,000 per unit, therefore 10,000 SF for a
duplex?
111-33 18.58.050 E Delete "60" 0180" Kevin Hanway
PAGE ��LP.TE
SUGGESTED BY
111-34 18.60.030 B between 2 and 3 add "Day Care Mark Baker
Facilities"
111-38 18.62.030 B between 6 and 7 add "Day Care Mark Baker
Facilities"
111-38 18.620.050 - C.1 1125" C.1 1*10" JB Bishop
In eddition, the Commission voted unanimously
to support a side yard and rear yard setback of
20 feet or over for 18.62.050 C 3 and 4
111-39 Also, Planning Commission notes that an issue
was raised concerning 18.62.050 E. JB Bishop
suggested 85% instead of 80%. Commission
expressed concern.
111-41 18.64.030 B between 6 and 7 add "Day Care Mark Baker
Facilities" John Gibbon
111-41 18.64.030 D Add to read "Transient Lodging/ Art Verharen
Restaurant (on the same parcel)
111-41 18.64.050 C(1) "25" "10" NOTE: Commission voted 3-2 Jim Miller
C 2 "25" "15"
111-44 18.66.030 C After "Residential Use Types"
Add "(See R-40 for development standards)"
111-44 18.66-040 H Delete "Center"
111-47 18.68.050 C 2 3rd line "chapter" "Chapter"
111-48 18.68.080 A thru F, "chapter" "Chapter"
111-50 18.70.030 B 9 before "Fuel Sales" add
"Vehicle"
111-51 18.70.060 A thru F, "chapter" "Chapter"
111-54 18.72.080 A thru F, "chapter: "Chapter"
IV-3 18.80.030 Line 3 "six" "twelve" Kevin Hanway
t
PAGE )--.LETE
—
SUGGESTED BY
IV-3 18.80,030 B 2 2nd line "six" "twelve"
IV-4 Kevin Hanway
18,80.060 A Add at end "See Section 18.88.030"
IV-5 18.80.060 C 1 delete "zone'
IV-5 18.80.080 A 2 - two places - "lot" "site"
Kevin Hanway
IV-6 18.80.100 3rd line delete 11:3" t'71#
IV-7 Kevin Hanway
18.80.120 B 3 After "ratio" add "attached or
detached, for example."
IV-7 18.80.120 B 9 2nd line "specified"
IV-3 18.80.120 9b Delete "or" move to after "C" 18.80.120 9 Add "D, area"
Kevin Hanway
IV-8 18.80.160 C 1-6 Delete "plan" in all places each place that plan was removed add "concept"
and in 6 "and proposed" Kevin Hanway
IV-9 18.80.220 A 2nd line 1115" 1#12"
Kevin Hanway
IV-9
18.80.230 A at end "for approval of a concept
plan".
IV-11 18.80.230 B 3 A Entirely
IV-11 18.80.230 4 A and 5 C 5 1160" 0148#1
O John Gibbon
IV-11
18.80.230 5 b 2nd line after "observable" add
"from adjacent units"
IV-12 18.80.230 9 A 1,2,3 Entirely "Location of all signs with the development site"
IV-13
IV-13
18.80.240 A 5 c - at end add "(See Soil
Conservation Maps)"
IV-14 18.80.240 A 5 e "week" "weak"
IV-14 18.80.250 A & B "18.32.050(A)" "18.32.055(A)"
IV-14 18.80.260 "Site" "Conceptual"
PACE ,'EuTE , . -
D
SUGGESTED BY
IV-15
18.80.250 (A)(C) At beginning '°athematic Kevin Hanway
drawings of"
IV-15 18.80.260 A 10 & 11 Entirely
Kevin Hanway
IV-16 18.80.270 A 2 Entirely "A statement from a registered engineer
supported by factual data that all drainage
facilities are designed in conformance
with the City's Master Drainage Plan. This
shall be reviewed by the City Engineer."
IV-16
18.80.280 A 1 After "The" add "Conceptual"
IV-16 18.80.280 3 "and proposed"
IV-16
18.80.280 New 4 (Change 4 to 5) "General
location and function of proposed plant
materials (Buffer, shading, cover, etc.)"
IV-16 18.80.290 Entirely "Specify location, size and how the sign
meets clearance requirements."
IV-19 18.80.340 line 3 - "Requires" "Request"
IV-28 Planning Commission expressed concern over "Riparian"
D. They believe in 1978 the
intent was to mention of "City should take
recognition of health, safety, and welfare."
Effort should be made to recreate the language
intended in 1978. Also, delete "Reparian"
IV-29 18.84.010 B 3a prior 18.84.010 B 3a before "on" add "as prepared by
CH2M Hill"
IV-29 18.84.015 D - The Planning Commission
requested that this language be clarified
at the Council level.
IV-29
18.84.020 New D
"The Planning Commission shall approve, Planning
approve conditions or deny an application Commission
for a Sensitive Lands Permit as set forth in
Section 18.84.015 (B)(1)
� - v
PAGE 1?[.RTE SUGGESTED BY
IV-29 18.84.020 Old D 3rd Ithe delete (1)
IV-30 18,84.020 F after "The Hearings Officer" add Planning Cocom
Planning Commission.'
IV-30 18.84.020 G After "The Hearings Officer" add Planning Coca
"Planning Commission.
18.84.020 G 1 2nd line after "Hearings Officer" Planning Com
add "Planning Commission"
IV-30 18.84.020 H 3rd line "Request a hearing "appeal the decision"
before the Commission"
IV-30 18.84.020 H 1 2nd line "approved" "acted upon"
IV-30 18.84.030 A 2 after is "not"
IV-30 18.84.030 B after "Hearings Officer" add
"Planning Commission"
IV-30 New 6 - "The Director shall deliver copies of Planning Comm
the final action of all sensitive lands to the
Planning Commission."
IV-31 18.84.040 A "Hearings officer" "Planning '.'omission" Planning Comm
IV-31 18.84.040 A 3 Entirely Comm. Moen
IV-31 18.84.040 2nd line after "is" "Allowed only in the area designated as
commercial or industrial on the Comprehensive
Plan Land Use Hap"
IV-33 18.84.040 D 3 at end add "as prepared by
CH2M Hill"
IV-35 18.84.080 A 7 after the "concept"
IV-37 Section 18.86 - 18.86.010,.020,and .030 the
Planning Commission suggested that the language
be reworded to relate better to the language of
the Plan.
� - P
— � D SUGGESTED BY
PAGE VI.FTE
"nine" uevin Rahway
V-1 18.90.030 3rd. line nine
Make 2nd sentence beginning with the words
V-2 "These regulations" into Part B. 3rd sentence
will be item A.
Add "floodlights" and after "areas" add "or Kevin Hanway
y_2 Reword 2nd sentence by deleting "flood-
lighting" "
construction equipment at the time of
construction or excavation work. ..
Renumber 18.92.020 - make item 4 into item 2 Bob Bledsoe
V-3
V-3 18.92.020 B last line entirely
Kevin Hanway
V-3 18.92.030 A 'Delete "unbuildable"
18.92.030 A 2 at end of first line before
V-4 the add 11125% of"
18.92.030 A 2 2nd line after "per" add Kevin Hanway
V-4 "gross site"
V-5 18.94.020 A - delete entirely
V-5 18.94.030 A delete entirely
18.94.030 J 1st line after park add "or
V-6 subdivision"
18.94.030 M after "home" add "in a mobile home
V-6 park or subdivision"
18.94.030 N after "home" add "in a mobile home
V-6 park or subdivision"
V-8 18.94.040 A 4th line - "18.32.040 D" "18.32.140 D"
18.104.020 B 2 h after "Pacific" add "Highway" Jim hiller
V-9
V-10 18.104.020 C - Delete sentence starting
with "Collector streets" - leave in the
street names
I - C,
PAGE � RLF.TE
;SUGGESTED BY
V-10 18.104.020 C 4 - delete' all from "Collector
Street" leaving in street names.
As a result all will have a setback for the
district plus 30 feet measured from the
center line of the street.
The entire liat of street names should be put
in alphabetical order.
V-10 18.104.020 B - delete "Street" 18.104.020 B j After "Grant" add "Avenue" Jim Biller
o After "Murdock" add "Street"
V-11 18.104.040 title after Kevin Hanway
"Between" add "Multiple Family"
V-14 18.105.020 delete "Church, School or
Government"
V-15 18.106.020 C 2 "good quality" "high grade"
V-16 18.106.030 Staff will add to this section by
specifying the size for street trees.
3 "
V-26 18.111.020 delete 19 18 Jim Miller
i
The Commission voted 4-2 to recommend the
following sts.ndards for 18.111.020 A
Regular spaces 9' x 18' (including stripe).4J�l c`
Compact spaces 9' x 15' (including stripe) ,&Y,))-
V-26
&Y,)'V-26 18.111.020 A 3 "Twelve feet wide and 19" "In accordance with the applicable State
and Federal standards at least twelve feet
wide and 18"
V-35 18.111.040 A 1 end 2nd line after "compact Sue Van Lom
spaces" delete remainder
V-36 18.111.050 B 1 and 2 stall width "9'0", "9'6`1
9'10""
V-42 No change to 18.112.080 A, however, NPO #3 would
like the standard # of dwelling units/lots to
read 113-6" instead of 113-5" and "7 and above"
instead of 1'6 and above".
-I
PAGE 7:LFTE � SUGGESTED BY
V-48 18.112.134 B 2 "show intent of initiating" "show positive steps have been taken to
initiate"
VI-4 18.120.060 A 1 1115096" °'10096" Kevin Haaway
VI-8 18.120.100 A 9 - delete "and" 18.120.100 A 9 at end "if requested by the
Director of Planning and Development"
VI-9 18.120.130 A 3 b entirely "That all problems will be mitigated and how
they will be mitigated"
VI-9 18.120.140 A 1 at beginning add "Typical"
VI-9 18.120.150 A 1 At end add "where applicable"
VI-13 18.120.180 A 6 "60" and "6" 1448" "4"
VI-16 The commission voted 4-2 to retain 18.120.180 13 C
20% landscaping standard. JB Bishop felt it was
too high.
VII-36 18.139.020 A Add "greenhouses"
VII-38 18.139.050 C 1 "barns shall not exceed 700"' After "except" add 59-"F for a garage and barns Bob Bledsoe
shall not exceed 1,000'
VII-40 18.139.060 B New 4 added between 3 and Old 4
"The location of any accessway to the proposed
structure"
VIII-22 18.156.030 E Minor Collector moving lanes 112" Herm Porter
was "2-3"
VIII-26 The Planning Commission expressed concern
over 18.156.030 2 4. Bob Bledsoe had
expressed concern that the final lift should
be placed within 3 years.
(SIAM:pm/0123P)
- S
S�SycS frons
COUNCIL
WAGE SUGGESTED BY AREA OF CONCERN STAFF OPINION ACTION
1-2 Bob Bledsoe 18.08 and 18.10 references to the Comprehensive Support Planning Commission
Plan recommendation
I-3 Councilor Brian "subdivisions" Correction noted
I-13 JB Bishop Clarification of 18.16A All approved applications which
have not expired will stand
III-21 JB Bishop Definition of "Public Support Facilities" Add definition on page III-5 to
definition section.
111-23 Kevin Hanway 7,000 Square foot lots in the R-4.5 zoning The 7,500 sq. ft. lot has been
Bob Bledsoe or 7,500 square foot lots. established in the R-4.5 zone and
Bill Cox should be retained.
III-25 Planning Staff lot sizes for attached units in the R-7 zone 5,000 sq. ft. as recommended by CCI
Bob Bledsoe
III-32 Kevin Hanway R-40 zone is not realistic. Retain R-40 designation.
III-34 bark Baker Allow daycare in commercial zones Allow daycare in C-N, C-G, and C-P
zones as a permitted use.
III-39 JB Bishop Front yard setback in C-G zone 10 feet Staff agrees
Bill Cox
III-39 JB Bishop 20% landscaping in C-G too high Retain 20% landscaping
III-39 JB Bishop side yard setbacks for commercial abutting Retain at least 20' .
Bill Cox residential should be 101 .
111-39 City Council Flexible sideyard setbacks in commercial zones Staff recognizes that flexible
Bill Cox to be determined in Site Development Review setbacks would require more clear
standards, need uniform adminis-
tration, possibility of challenges
to application of standards. It is
easier to administer uniform set-
backs.
I1I-44 Dick Sturgis SecLettion DevelopmentSReview determinebsetbacks Sectionetain A18.56.050.requirements outlined in
1�
COUNCIL
PAGE SUGGESTED BY AREA OF CONCERN STAFF OPINION ACTION
III-45 Carl Johnson NPO ` 4 issue of special setbacks for CP Retain 20' setbacks IV-30
abutting residential zones.
III-47 Tom Brian Allow daycare in industrial Park Zones Allow daycare in I-P ss 10% of the
total complex as a Conditional Use
IV-4 Kevin Hanway Distinction between developing areas and estab- Development as PD in developing
lished areas and allowing development as PD. areas is allowed, not required.
Supports allowing development in developing
areas without PD.
IV-30 Planning Comutission Planning Commission to hear Sensitive Lands Saves money to have P.C. hear
Sensitive Lands, However, H.O. has
been effective and this process
allows one individual to evaluate
proposal in an objective manner.
V-3 Kevin Hanway Clarify density transfer Support Planning Commission
recommendation, change numbering
clarify language.
V-5 Bob Bledsoe Mobile home parks and subdivisions should be Planning Commission and staff agree
Conditional Use in the R-4.5 zone.
Bob Bledsoe Mobile Home Parks should be a minimum of four Retain one acre minimum
acres.
Bob Bledsoe Retain the 10,000 sq ft minmum lot size for Staff agrees
duplexes in the R-4.5 zone.
Councilor Scott Require brick walls around mobile home parks Staff surveyed surrounding cities
Screening is considered under Site
Development Review. No specific
requirement for brick walls is
implemented in any city surveyed.
V-8 Bob Bledsoe 18.94.030 add new subsection R . . ."The maximum Staff agrees
number of manufactured/mobile homes in the park
shall not exceed the amount calculated in Section
18.92.
COUNCIL
PAGE SUGGESTED BY AREA OF CONCERN STAFF OPINION ACTION
V-26 Jim HIII'dr PiiAdhg Alii BiN - 411 19; Ngular, 816" x Mistake in errata sheet, 9'6" x
15 compact 18' - standard, 9' x 15' - compact
Jim Miller Double stripe parking stalls Not necessary, parking stalls are
wide enough if staff suggestion is
approved.
V-42 Bob Bledsoe Allow 24' wide paved private access for 3 - 6 Retain as staff proposed with input
dwellings. from Fire District.
V-43 Jim Hiller Clarification of 18.112.090 Refers to access drives
VI-13 Jim Miller Landscaping percentage requirement too high Retain 20% requirement
VI-13 JB Bishop Inconsistency of the 20% Requirement
1111-38 Jon Nelson Restriction that any accessory structure over Council should review information
3ft. in height not be allowed within 3ft. of on satellite dishes supplied by
buildings. staff from Universal Satellite Inc.
VII-38 Jon Nelson 10' height restriction on accessory uses Allow sattelite dishes only to be
12 ft. in height (including mount)
to allow for reception of signal.
VII 38-39 City Council Prohibit satellite dishes on roofs Staff agrees
II- Bob Bledsoe Approval standards for Home Occupations 18.138.040 6 drop °'. . .and no services
Harm Porter add to 7 The use shall not involve
direct sales or service
VIII-22 Bob Bledsoe Minimum Right of Way and street width Modify language proposed by staff
exceptions.
VIII-26 Bob Bledsoe Final lift of asphalt within 3 years Retain as recommended in Code.
VIII-29 Bob Bledsoe 5' Planter strip on collector and arterials Retain 5' requirement.
COUNCIL
PAGE SUGGESTED BY AREA OF CONCERN STAVY OPINION ACTION
Bill Cox CBD zone and affect on industrial users Recommendation of special committee
will be presented at 8/29 Council
meeting
Bob Bledsoe Density transfer Add A & B as proposed by NPO *3 to
18.92.030 and 18.40.040.
JB Bishop Parking spaces for compact cars should be Staff agrees.
labeled as "compact".
JB Bishop Allow 25% - 30% of parking spaces to be Retain 25%
compact spaces.
Bob Bledsoe A.2 add language The purpose of the Code is to
guide development to urban density
Vacant land does not meet criteria
or qualify as established areas
Bob Bledsoe 18.86.030 Add language Retain as proposed.
Bob Bledsoe Automatic waiver of application and transcript Require City appointed bodies to
fees for City appointed bodies. specifically request Council
initiate application. (Procedure
currently used for City Staff.)
Councilor Brian Provide a better index to the document Staff agrees - it will be provided
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PAGE DELETE ADD SUGGESTED BY
I-14 18.26.030 Definition of Dev. Site - A combination of lots Council
upon which one or more buildings are constructed
as elements of an approval.
I-14 18.26.030 Dwelling Unit after "A single unit" -
add "excluding mobile home". At end of definition
insert "See Mobile Home".
I-16 Definition - "Legislative - Land use decisions
initiated by the local governing body that apply
to a large number of individuals or properties."
I-17 18.26.030 minor Partition - 2nd line "that"
I-19 18.26.030 Insert - Residential Use - A structure
used for human habitation by one or more persons.
I-19 Definition - "Quasi Judicial - Land use decisions
affecting a few identifiable persons or specific
properties."
II-9 18.30.140 B(2) ent'.irely
II-16 18.32.055 B 1st lime "A" "submission of information for"
II-16 18.32.055 C 1st line ". . .waived, "found by the Director to be inapplicable,
the Director shall." he shall"
II-16 18.32.060 (B) after 18.84 add 11015 (B)(2) Planning
and (B)(3) Commission
II-18 18.32.060 (C) before (C)(7)
"Sensitive Land Permit applications pursuant
to Chapter 18.84.015 (B)(1)
y- I
PAGE DELETE ADD SUGGESTED BY
I1-16- Rearrange sections to clarify order of OLD BECOMES City Attorney's
I1-31 procedure as follows: .210 A Decision by the Director 18.32.080 Office
1) Decisions by the Director and Notice .200 Notice of Proposed Decisions
of Director's Decisions. by the Director 18.32.090
2) Proceedings and Decisions by the Hearings .080 Record of Proceeding 18.32.100
Officer, Commission and Council and through through
Notice of Same. .170 Record of Proceeding 18.32.190
3) Decision Process and Notice of Final .220 Effective Date of Decision 18.32.200
Decision by all Approval Authorities .180 The Decision Process 18.32.210
.190 The Final Decision and Notice
of Final Decision 18.32.220
I1-30 Delete 18.32.210(1;) First line "A proposed decision made by the Director shall
become final and effective 10 days after notice
of the proposed decision is given pursuant to
Sec. 18.32.200 unless:"
I1-30 18.32.210(F) 1118.30.090" 1118.32.190"
II-30 18.32.210(F) 3rd 'line after "notice be
given" delete remainder.
PAGE DELETE
ADu SUGGESTED BY
11-29 18.32.200 C.2. "The date the final decision "The date the Director's proposed decision City Attorney's
was filed; and" will become final; and" Office
II-19 18.32.090 A 5(a) and (b)
Delete entirely
II-25 18.32.180 1 (a) entirely
II-25 18.32.180 1 (c) entirely "k. The relevant approval standard found in the
applicable chapter(s) of this Code or other applicable
implementing ordinances."
II-27 Renumber 18.32.180 2 A-e making them "3,4,5,6,7"
II-28 18.32.190 A 3 "signing of the final"
y-3
PAGE DELETE ADD SUGGESTED BY
IV-4 18.80.030 F 2nd line 1118.32.250(B)" "18.32.260(B)" City Attorney's
Office
IV-4 18.80.060 (B) at end of 3rd line add "except, City Attorney's
the Commission may approve a PD where it finds;" Office
IV-4 18.80.060 (C) 1st two lines City Attorney's
Office
IV-5 18.80.060 (C)(3) 2nd line delete "18.92" Replace with proper notation City Attorney's
Office
IV-8 18.80.160 (C)(2) "7.8.80.120" 1118.80.26011 City Attorney's
Office
IV-21 18.82.020 E 1st line "appealed" "reviewed by the City Council" City Attorney's
Also, delete entirely sections 1 and 2 Office
IV-29 18.84.015 (B)(4) "The provisions in" "Application pursuant. to" City Attorney's
Office
VII-2 18.130.040 (A)(1)(6) 2nd line "any"
VII-2 18.130.040 (A)(3) entirely
�� _ y
PAGE ►..BETE A,_ _JGGESTED BY
18.80.020 - New "D", therefore, all subsequent City Attorney's
letters to be changed Office
°Applications for conceptual Planned Development
approval must be accompanied by the information
required by Section 18.80.160"
IV-1 & 18.80.020 D entirely "Notice of the Planned Development proceeding City Attorney's
IV-2 before the Commission will be given as required Office
by Section 18.32.080-090"
IV-2 18.80.020(6)(1) 4th line - Add a period after City Attorney's
"Commission". Capitalize the "o" in "otherwise" Office
IV-3 18.80.020(6)(2) end of first line and "or other City Attorney's
affected/approved parties" Office
,dellison Electric Cojnc.
� . CONTRACTING •
COMMERCIAL INDUSTRIAL § RESIDENTIAL
8445 N. E. Union Avenue Phone: (503)289-8894
Portland,Oregon 97211
August 26 , 1983
Planning Department
City of Tigard
City Hall + /�
Tigard, Oregon
c l�k �.f-
Gentlemen:
I would like permission to build six additionalP`AN�N(a �
'4kQ
two-bedroom apartment units on my property at EPj
9655 S . W. McKenzie Street, Tigard .
The lot I wish to build on is of sufficient area to
accomodate six two-bedroom units , and I will have the
required parking space. The sewer line and the water
are already extended into this area.
yIr_ talking to Mr . Monahan this morning, I was made aware
of the present zoning which could require a thirty foot
setback from a residential area. If I have my directions
correct , the Kings Choice Apartments would be immediately
to the south of this lot and the vacant property
belonging to J. B . Bishop on the north. I do not think
the thirty foot setback. should apply in my case since
I am not building any commercial buildings , only
apartments in addition to the 32 units I already have.
Please advise me what I can do to comply with the zoning
requirements and at the same time maintain an adequate
setback to protect my existing apartments from a
commercial development on the Bishop property.
Very truly yours,
K. V . Allison
F
f
CITY OF TIS"
IWASHINGTON COUNTY,OREGON
F
TO: Members of the City Council p
FROM: William A. Monahan, Director of Planning and Development
DATE: August 26, 1983
RE: Report of CBD Development Policy Committee 3
t
On Thursday, August 25, 1983, the CBD Development Policy Committee,
created by the City Council met to formulate recommendations to the Council.
The following members participated at the work session: J B Bishop,
representing NPO # 1; Van Camp, property owner; Bill Cox, representing
Property Owner Robert Randall Company; Deane Leverett, Planning Commissioner;
Gary Ott, NPO # 1; Jack Schwab, TURA Advisory Committee; and Bill Monahan,
Planning Director (non voting member).
The Committee discussed the proposed prohibition of industrial uses in the
CBD zone as created by the interim zoning passed in March. In addition, a
discussion of grandfather rights for non-conforming uses was held. Setbacks
for property adjoining a residential district were discussed in light of
economic development consideration.
The Committee reached the following consensus:
Page III-44 of the development Code, 18.66.040 (J) - Revise as i
follows:
"J. Wholesale, storage, assembly, distribution
1. mini warehouse
2. light manufacturing"
Actually, further analysis of the proposed code shows that on pages III-14
and III-15 the definition for Wholesale, Storage, and Distribution by type are
clearly defined. Therefore, if the Council chooses to allow light industrial
uses in the CBD it should reference: i.
Light Industrial ;F
a.) Manufacturing of Finished Products
b. ) Packaging and processing
Y
ILthose
the Council may wish to limit the light industrial uses further to
ses such as pharmaceutical, computer assembly, etc. If the Council
the Committee recommendation, light manufacturing would be a
nal use throughout the CBD,
k
12755 S.W.ASH P.O. BOX 23397 TIGARD,OREGON 97223 PH:639-4171 / t;
J - 1
The Committee then reached consensus that there should be a PD overlay on
any application under this section (the light manufacturing conditional use).
As a result, the decision for granting a conditional use under this section of
the article would be made by the Planning Commission rather than the Hearing
officer.
The final item approved by the Committee for recommendation to the Council
involves the area of pre-existing uses and grandfather rights. The particular
problem of Security Storage was presented by Bill Cox. To prevent
interpretation of the grandfather rights on a unit to unit basis rather than
by structure or parcel, Bill Cox recommended the following addition or. page
I-20:
Existing "Structure or Building. That which is build or
constructed, an edifice or building or any land, or any
piece of work artificially built up or composed of parts
joined together in some definite manner."
Proposed Addition: "This shall not be interpreted to include individual
parts, rooms, or units comprising a structure."
Council should be made aware that the Committee was not unanimous in its
recommendations. it is expected that members of the Committee as well as the
TURA Advisory Committee will be present at the August 29, 1983, meeting to
provide input.
C'.
GIM:d j(0143P)
Page 2
August 29, 1983
Mayor Bishop and Members of the City Council
City of Tigard
Burnham $ Ash Avenue
P.O. Box 23397
Tigard, Oregon 97223
RE: CBD Development Policy Committee, Minority Report
On Thursday, August 25, 1983, the CBD Development Policy Committee met to
develop recommendations to the council regarding the land use within the
CBD. I was in attendance at that meeting and voted against the language
and recommendations placed before you. I am submitting a minority state-
ment for your consideration.
The Minority Statement was written for the reasons developed below and is
presented for discussion as follows:
o The committee majority erred in its conclusions and recommendations to
the council.
o The committee majority did not meet the intent of the council's
direction.
o The committee majority did not represent the best interests of the
citizens of Tigard.
1. On page III-43 of the development code, 18.66.010 it states that: "The
purpose of the CBD zoning district is to provide for a concentrated,
central commercial office and retail area which also provides civic,
high density residential and mixed uses."
The majority recommendation to include Light Industrial uses is con-
trary to the stated purpose of the CBD.
Pat Furrerr, Chairman of the TURA Advisory Committee, has indicated
that the "TURA Advisory Committee has voted consistently and virtually
unanimously to restrict industrial uses in the CSD.
The CBD district has been presented to the NPO's, CCI, Planning
Commission, City Council, and citizens of Tigard as an commercial
professional district which would enhance downtown Tigard. Allowing
City of Tigard
August 29, 1983
Page 2
Light Industrial uses throughout the CBD would be contrary to those
representations.
2. Item number 4 on the CBD agenda states: "Discussion of policy for
transition from industrial to commercial uses."
The discussion of transition from industrial to commercial uses was
not actively pursued. The majority of the discussion centered on
preservation of industrial land.
Instead of addressing the issue of reducing the industrial area as a
goal of the CBD, the committee majority chose to increase the
industrial uses by recommending light manufacturing as a .conditional
use within the CBD.
3. The comprehensive planning process has developed over a long period of
time with considerable input from the Council, staff and Tigard
citizens.
To allow a radical change in the uses of an approximate 137-acre
parcel. of land (similar to a zone change) at the last minute in the
planning process, denies the.public access to the planning process and
defeats the intent of the planning process altogether.
To permit light industrial uses which: do not attract shoppers to the
CBD area; increases the cost for utilities; may discourage residential
and professional development; and does not enhance downtown Tigard as
is the Council's stated goal.
In order to address the conflict between existing Industrial uses and the
goal to revitalize the downtown Tigard area, the minority report suggests
that the Council allow existing Industrial uses to exist indefinitely
under a grandfather clause with the following provisions:
1. Limit the industrial use to that which is presently in place.
2. Prohibit any expansion to the existing uses or facilities.
3. Not allow expansion of the existing facilities for industrial use.
4. Any new use on the property would have to conform to the CBD uses.
Thank you for the opportunity to present the minority position.
;Sinc e1y06
t1 �ting Chairman, NPO #1
MEMORANDUM
TO: Bill Monahan, Planning Director
FROM: Steve Skorney, Assistant Planner A-4,-
DATE: September 1, 1983
SUBJECT: Mobile Home Park Walls
Every city that I contacted (Portland, Gresham, Beaverton, Forest Grove,
Tualitin, and Hillsboro) did not require a wall to be placed around a
mobile home park/subdivision.
Beaverton and Gresham, for example, may require (through their site and design
approval process) evergreen plantings to form a sight obscuring screen on
the periphery of the mobile home park/subdivision.
This screen may protect the mobile home park/subdivision from incompatible sur-
rounding uses or vice versa.
Also, no moats or gun turrets were required for mobile home parks either.
c'
8
G
theobert Y
a� 1l
company
Kristin Square • 9500 S.W. Barbur Blvd. • Suite 300• Portland, Oregon 97219• (503) 245-1131
Telex *360557
August 29, 1983
S
City Council
City of Tigard
12755 S .W. Ash
Tigard, Oregon 97223
RE: Adoption of Tigard City Code
(hand Delivered)
Dear Mayor and City Council Members :
f_ I am handing you this letter to summarize some of The Robert
Randall Company' s concerns about certain provisions of the
proposed city code. At the time I am writing this letter I
have not had the opportunity to review your Planning Staff' s
errata sheets arising out of the public hearings you held on
August 8th and August 9 , 1983 . With those considerations in
mind I will briefly address some of our concerns .
In general we oppose the set back standards which exist in
portions of your code. We find them to be impractical, un-
necessarily inconsistant with the demands of surrounding com-
munities and above all else, apparently in violation of Oregon
Statures and state-wide land use goals .
IMPRACTICALITY AND INCONSTSTANT WITH NEIGHBORING JURISDICTIONS
The set back requirements are impractical because they establish
standards which when applied to certain lots , may render those
l 6i'
=p_�7
x.
City Council
Page Two
lots unbuildable or subject to stringent variance requirements ,
For example, the side and rear yard set back standards in the
general commercial zone (18 . 62 - C-G Zone) and Neighborhood
Commercial zone (18 . 60 - C-N Zone) , where they abut a residential
zone, impose 20 feet set backs . This set back is twice as
large as Beaverton' s and four times that required by Portland.
On an 100' X 100 ' lot zoned CG or CN, surrounded by residential
zones on 3 sides the net buildable area is reduced (when added
to a 10 to 50 foot from yard set back) to only approximately
60-65% of its original size. This figure does not include an
additional reduction necessary to accomodate parking, land-
scaping, sidewalks , etc. Since many of the uses allowed in the
C-G and C-N zones will, consistant with economic realities ,
want to locate near residential zones (ie drive-in restaurants
and convenience stores) the use of the smaller lots for these
uses will. be prohibited. We suggest those set backs be revised.
The code also proposes set backs where apartment zones (R-12 &
R-20) abut a more restrictive zoning district , (ie single family
residential zones) which are, at a minimum, three times more
severe than those required by Beaverton and four-plus times the
requirements of Portland (both of whose plans have been acknow-
ledged by LCDC) . We see no practical reason for such large
differentiations . Without sound reasons behind the imposition
of such set backs it is questionable whether LCDC will acknow-
ledge Tigards comprehensive plan. Tigard must impose standards
in its plan which will enable it to shoulder its fair share of
regional housing needs (Seaman v. Durham) and aid in preventing
urban sprawl .
f
f
City Council
Page Three g
t
6
F
STATE LAWS INACTED BY 1983 LEGISLATURE AFFECTING COMMERCIAL ZONES 4
i
r
The 1983 Legislature, responding to the growing awareness that
LCDC was protecting housing (Goal 10) , farming (Goal 3), forest
to products (Goal 4) and tourism (Goal 5) at the expense of
industrial and commercial economic concerns , required a shifting
of planning emphasis to include protection of industrial and
commercial lands . This shift is enunciated in Section 17 of 4
6
House Bill 2295 which was recently signed into law by Govenor
Atiyeh. In pertinant part section 17 states :
"SECTION 17 . (1) In addition to the findings
and policies set forth in ORS 197 . 005 , 197 . 010
and 215 . 243 , the Legislative Assembly finds and
declares that, in carrying out state-wide comp-
rehensive land use planning, the provision of
adequate opportunities for a variety of economic
activities throughout the state is vital to the
health, welfare and prosperity of all the people
of the state. F
" (2) By the adoption of new goal-s or rules , or the
application, interpretation or amendment of exis-
ting goals or rules , the commission shall implement
all of the following:
**(a and b not shown)*-k
" (c) Comprehensive plans and land use regulations
shall provide for at least an adequate supply of €:
sites of suitable sizes , types , locations and ser-
vice levels for industrial and commercial uses con-
sistent with plan policies .
" (d) Comprehensive plans and land use regulations
shall provide for compatible uses on or near sites
zoned for specific industrial and commercial uses .
Relating this law to commercial zones shows that comprehensive
plans imposing set back requirements which have the effect of
rendering unusable, commercially zoned property, will not be
acknowledged by LCDC. We believe Tiga-r_•d' s proposed code does
exactly what the legislature has said should no longer be done. `
City Council
Page Four
at the last few hearings about the
Also, there was discussion
possibility of imposing flexible set back standards . We in-
itially thought that to be a possible alternative however ,
upon reflection and in light of the above quoted changes in ;
the law we have decided such an approach would be unacceptable .
This change in position is based on the appearance that the
law may be circumvented by not imposing excessive set back
standards in print but only in practice. In addition, as a
practical consideration, such "flexibility" does not give cit-
izens a warning of what is to be expected of them. In add-
ition it imposes more work on city resources .
PARKING
There appears in the code, parking "slot" size configuration
which are unnecessarily large given todays demands and realities .
INluch testimony was heard on this subject on August. 8 and 9 , 1983 ,
and we incorporate that testimony into this position paper
(letter) . The legal wisdom of such larger than necessary park-
ing requirements is *questionable considering the legislatures
desire to make commercial and industrial lands more available.
VARIANCES (18 . 134, 010 and 18 , 134. 050)
The criteria governing the granting of variances existing in
the proposed Tigard code may not give the City the power it
wishes to retain. It may not allow the city to correct , on
an individual request basis , hardships unintentionally imposed
by terms of its new code. The words "undue and unnecessary
hardship" in 18 . 134. 010 (Purpose) and "hardship" in 18 . 134. 050
(Criteria A-5) are terms of specific meaning which have been
w
City Council
� - Page Five
interpretted by the courts and LUBA as being extremely res-
trictive and nearly impossible to meet . See Faye Wright
Neighborhood v. Salem 1 OR LUBA 246 (1980) ; Faye Wright Neigh-
borhood v. Salem 3 OR LUBA 1-120 (1981) ; See also 3 Anderson
American Law of Zoning 2nd Edition, Section 185 . (1977) .
R-4..5 ZONE
Much testimony concerning this zone' s unorthadox requirement
of 7,500 square feet in what is by all other terms a 7 , 000
square foot zone has been heard by the planning commission and
City Council. We incorporate that testimony herein and stress
that such a requirement unnecessarily creates urban sprawl
which violates the concept of higher density living with urban
growth boundaries .
1,
CBD ZONE & DEFINITION OF STRUCTURE
At the August 25 , 1983 meeting of the CBD Development Policy
Committee the above subjects were dealt with in an attempt to
solve problems arising from application of the standards con-
tained in the proposed CBD zone. In general the issue before
the "committee" can be defined as :
"Are the permitted and conditional uses allowed
in the proposed CBD zone sufficient to recognize
existing resource and topographical restrictions
and protect ongoing business within_ the zone?"
The committee decided they were not and proposed that the words
assembly and/or light manufacturing be added to 18 . 66 . 040 (J) .
In addition it was decided that Planned Development Overlay
Zone treatment be imposed on uses requested under the revised
�_ 18. 66 . 040 (J) .
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City Council
Page Six
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Finally, the committee unanimously agreed that to protect uses
housed in multi unit structures from being faced with termin-
ation the definition of structure or building found in 18 . 26 .
030 (Pg I-20 proposed code) be modified to include the sentence:
"This definition shall not be interpreted to
include individual parts , rooms or units com-
posing the structure or building. "
i
This Company is in full agreement with the recommendations
of the committee and urges the City Council to adopt those
recommendations .
Very truly yours ,
THE ROBERT RANDALL COMPANY
E
eilliam C. Cox
General Counsel/Vice President
WCC/llt
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CITY OF TIGARD. OREGON
COUNCIL AGENDA ITEM SUMMARY
AGENDA OF: SEPTEMBER 12, 1983 AGENDA ITEM k: /O I
DATE SUBMITTED: AUGUST 31, 1983 PREVIOUS ACTION: APPOINTMENTS MADE
ISSUE/AGENDA TITLE: RATIFICATION OF AT 8/29/83 CITY COUNCIL MEETING
BOARD/COMMITTffi: APPOINTMENTS REQUESTED BY: BOB JEAN
CITY ADMINISTRATOR
DEPARTMENT HEAD OK: CITY ADMINISTRATOR:
INFORMATION SUMMARY '
s
At the August 29, 1983 meeting of the Tigard City Council the Council appointed
the following persons to the board/committee indicated: ;
k
o Milton F. Fyre to the Planning Commission. Term to expire 7/1/84.
o Myrna Pinkerton to the Park and Recreation Board. Term to
expire 12/31/84-
0 Jane P. Miller to the Library Board. Term to expire 6/30/85.
i
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It is now necessary to ratify these appointments by resolution (see attached) .
t
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--------------------------
ALTERNATIVES CONSIDERED }°
E,
FC
z4E
E
szvzc------s-------z:
- SUGGESTED ACTION
Staff recommends the passage of the resolution appointing Milton F. Fyre to the
Planning Commission for a term to expire 7/1/84; passage of the resolution
appointing Myrna Pinkerton to the Park and Recreation Board for a term to expire
12/31/84; and passage of the resolution appointing Jane P. Miller to the Library
Board for a term to expire 6/30/85.
along
M E M O R A N D U M
TO:
MAYOR AND CITY COUNCIL
e
FROM: BOB JEAN, CITY ADMINISTRATOR and €
ED SULLIVAN, CITY ATTORNEY
t
DATE: AUGUST 31, 1983
LEGAL SERVICES PROJECTS LIST
SUBJECT: t
f
is a list of the identified projects and requests for legal
The following per week within the retainer
services in priority order. Allowing 16 hours P per week net), the known
time (20 per week less 4 per week miscellaneous = 16
roe (2 and time estimates will take the next month and a half without
P else. General litigation costs are also not
allowing any time for anything ects) , but Ed Sullivan will brief
included (LID costs are charged to the proj
you in each such case as it may arise.
he last Council Rules meeting,
I suggest that the
Based on discussion at t
// Council may want to review this Legal Services list as it contacting theCity
l Any changes or additions to the list could be made by We will attempt
Administrator or by discussion/motion at a Council meeting.
to provide the Legal Services List along with the Legal Budget Progress Report
each month with Department Reports.
HOURS
PRIORITY PROJECT
(40)
Development Code/Comprehensive Pian Review ( 4)
1
1 Sewer Agreement on Rogers Machinery ( 2)
1 Anti—Trust Implications Briefing ( ?)
I Space Needs II/November Elections (MOD) (10)
Purchasing and Contracting Procedures Review ( 4)
2
2 Personnel Manual Review (16)
2 LID Policy Draft and Review ( ?)
2 Delinquent SB Conditions Enforcement (KME) ( 8)
3 TMC Penalties Conflicts ( �)
3 Codification Streamlining (As Needed)
RWJ dkr
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
AGENDA OF:
September 12, 1983 AGENDA ITEM 4: � 0
DATE SUBMITTED: September 1, 1983 -
PREVIOUS ACTION: Phone Survey -
ISSUE/AGENDA TITLE: Ratification of
REQUESTED BY: Public Works Director
Resolution No 83-50 approving 72nd/ S2
S P Railroad Crossing! ,
DEPARTMENT HEAD OK: _lz.s-�-� CITY ADMINISTRATOR:
INFORMATION SUMMARY
On June 10th, a majority of the City Council, by telephope survey, authorized the
Mayor and City Recorder to execute an agreement with Southern Pacific for the
s on S.W. 72nd Avenue. There was some urgency
construction of crossing facilitie
in that our contractor was claiming he needed the et_try permit to continue work;
failure would delay the project and perhaps result in a claim for damages. The
resolution was to be ratified June 13th by Council, however, Southern Pacific
had included the wrong descriptions. In order to secure the entry permit, the
Mayor and City Recorder signed the resolution contingent upon a letter of intent
signed by the railroad that the agreement was for the properly described land.
We have finally received the proper description from Southern Pacific.
caaaaz:azsa�sazzzcz s::zsa=sza===zs=ca=cam--
ALTERNATIVES CONSIDERED
NONE
maassaszasacaaazzsaazaffiazc=====s====r====xscz===c
( SUGGESTED ACTION
Staff recommends Council ratify the action of June 10, 1983, which authorizes
the Mayor and City Recorder to execute the agreement.
CITY OF TIGARD, OREGON
RESOLUTION No. 83 E1
A RESOLUTION OF THE TIGARD CITY COUNCIL APPROVING ENTERING
INTO AN AGREEMENT WITH THE SOUTHERN PACIFIC TRANSPORTATION
COMPANY FOR THE 72nd AVENUE MAINLINE CROSSING.
WHEREAS, this Council ' s desire is to cooperate in the
construction of the railroad crossing facilities in con-
junction with the 72nd Avenue Local Improvement_ District-
# 21 and enter into an agreement w i r h t h. • Scout h(,rn Par i f i
Transporta'(- ion Company .
NOW, THEREFORE, BE IT RESOLVED BY THE TIGARD CITY COUNCIL
that:
1. The Mayor and City Recorder are hereby authorized
to execute said agreement with the Southern
Pacific Transportation Company on behalf of the
City of Tigard.
2 . Said agreement covers the construction of the
crossing facilities and the right to do work on
the S.W. 72nd Avenue Local Improvement District
# 21 project as approved by PUC order 82-855 -
PASSED this /o day of 1983 .
Mayor - City of Tigard
RATIFIED THIS 12TH DAY OF SEPTEMBER 1983.
ATTEST:
�` critic_, c�ts-�-Cc2 ----
Recorder - 'City o,,,figard
v
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RESOLUTION NO. 83
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C® . i OF ®sem' RD
WASHINGTON COUNTY,OREGON
LETTER OF UNDERSTANDING
PURSUANT TO: 911766/321-4
It is expressly understood that the intent of this agreement is to
determine responsibility for payment of railroad crossing improvements
in the area where the operating right-of-way of the Southern Pacific
Transportation Company, (100 feet wide) , and S.W. 72nd Avenue right-of-
way, (60 feet wide) projections cross. It is understood that the agree-
ment includes the right for the city's contractor to do roadway and fi
related work as approved by P.U.C. Order # 1? `� g
Item 8 in this agreement applies only to the operating right-of-way of
the Southern Pacific Transportation Company.
City of Tigard
Sout n cific Transport io Co.
22 leec3-
Date i
12755 SW.ASH P.O. BOX 23397 TIGARD, OREGON 97223 PH:639-4171
D
OCUMENT ENT
� Form C.S.7345
i
Approved as to form by General Counsel on Sheet No. 1 of 2
May 1. 1973 - w
R Flo. '
CONTRACTOR 60� n
��ji �reee�t, dated , 19.$.3_ ,by and be
Sheaf}+®�-r+ p"�' f
a corporation, herein called"Railroad and
Inc.
s
.herein called "Contractor":
Tualatin, Oregon 97062
Witne00etb:
1. For the period not to extend beyond _
Railroad hereby permits Contractor to enter upon the property of Railroad in the vicinity of MJ I — t
as be f-2
in connection with work to be performed on Railroad premises by Contractor under agreement
and for no other purpose.
with
'_ Contractor agrees to
(a) Perform that portion of the work on Railroad premises in accordance with plans and specifications approved
ger or interfere with Railroad's operations and in ac-
tative.Contractor shall submit to Rail-
by Railroad in such manner and at such times as shall not endan
cordance with the regulations of Railroad and instructions of Railroad's represenfalsework and other incidentals not detailed in plans,insofar as they affect
road for approval all construction details,
Railroad.
(b) Maintain, at Contractor's expense_competent flagmen to protect and control movement of vehicles and equip
-
(b)
of Contractor while upon Railroad premises.
(c) Notify Railroad at least five (5) working days before commencing work on Railroad premises and within five
(5) working days after such work is completed
(d) Keep all equipment, tools and materials stored at least fifteen (1_5) feet from the center line of any operable
track. Explosives or other highly inflammable substances will not be stored on Railroad premises without the prior
approval of Railroad's representative.
(e) Remove all of Contractor's tools, equipment and materials from Railroad premises promptly upon completion
of work, restoring Railroad premises to the same state and condition as w'1«11 Contractor entered thereon.
(t) Reimburse Railroad for all cost and expense incurred by Railroad in connection with said work, including
without limitation the expense of furnishing such inspectors,watchmen and flagmen as Railroad deems necessary, the
installation and removal of falsework beneath tracks, and restoration of Railroad's property to the same condition as
when Contractor entered thereon,or to a condition satisfactory to Railroad's representative.
(g) Remove any lien against Railroad's property arising from performance of work hereunder by Contractor or
any subcontractor.
;. Contractor agrees to release, defend and indemnify Railroad from and against all loss, damage,claims,costs,
expenses and liability for bodily injury to or death of any persons and loss of or damage to any property and loss of
use thereof (including but not limited to employees, subcontractors, agents, invitees and the property of each party
hereto) arising out of or in any H•;._v connected with the work under said agreement upon or adjacent to Railroad pro-
perty. whether or not caused or contributed to by the presence or operation of Railroad trains,engines,cars or other
equipment, structures or facilities of Railroad or any other party, or by negligence or alleged negligence on the part of
t any of Railroad's agents, employees, contractors, subcontractors or invitees. In the event any part of the provisions of
this section are determined by any statutory enactment or judicial decision to b�void or unenforceable, then this section
shall not fail in its entirety but will be enforceable to the extent permitted by or the with u lr ses o consent and any
this section, the
term "Railroad" shall include any other railroad company using Railroad property
affiliate. subsidiary or lessor of Railroad.
C.S. 7345
Sheet No. 2 of 2
REV.6-81
4. Prior to the start of work or occupancy of premises under this agreement, Contractor agrees to procure and
maintain,at its sole cost and expense,the following kinds of insurance with an insurer or insurers and form satisfactory
to Railroad:
comprehensive general and automobile liability insurance with contractual liability endorsement and
products and completed operations hazards included,which shall provide coverage for limits of not less
than $2,000,000 bodily injury liability and property damage liability, combined single limits.
Contractor agrees to furnish Railroad with a certificate of insurance to which will be attached an
endorsement,the form of which is included as a separate part of this agreement,marked Exhibit"A".
.
Liability of Contractor under Section 3 hereof shall not be limited to coverage provided under said I
insurance policies.
5. Contractor shall deposit with Railroad the sum of TWO Thousatld
Dollars($2jDjDJD__ 'epresenting the estimated expense to be incurred by Railroad in connection with said work.
If there is no amount indicated in the blank space provided above for the deposit to be made by Contractor, in
lieu bf such deposit Contractor shall cause the attached surety bond to be executed by a reliable surety acceptable to Rail-
road, condition upon the faithful performance of the provisions of this agreement.
6. The permission herein given shall not be assigned by Contractor without the prior written consent of Railroad,
except in the case of subcontractors who shall be deemed agents of Contractor subject to the terms of this agreement.
7. No vehicular crossing over Railroad's track shall be installed or used by Contractor without prior written
�. permission of Railroad.
een the hours of 6:00 p.m. and 6:00 a.m., nor on Saturdays, Sundays or legal
8. No work shall be done betwt
holidays without prior written permission of Railroad.
9. At request of Railroad, Contractor shall remove from Railroad premises any employee of Contractor or any s
subcontractor who fails to conform to the instructions of Railroad's representative in connection with work on Railroad
premises,and any right of Contractor to enter upon Railroad premises shall be suspended until such request of Railroad
is met. Contractor shall indemnify Railroad against any claim arising from the removal of any such employee from
Railroad premises.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed in duplicate the day
and year first above written.
RAILROAD- PACI C TRANSPORTATION
It ANY
By
(TITLE)
(" CO LCTOR— CO AA EXCAVAT IdG,, IATCv
By '"e""""
(TITLE)
;11PPR0V rf.e.Jr9 fC T. LCOUNS DIE D C.5 362
15
RELIS: FD-749.17-X(N)
(N)
to i� 6as�
9 SI BEET OR HIGHWAY EASEMENT
AUDIT NO. ...I� � - ••
..........................
t$ ]jtT rniurr. made this �17 I day of 19 .by and bet een
SOUTHERN PACIFIC TRANSPORTATION COMPANY, herein called"Railroad".and
a Delaware corporation,
CITY OF TIGARD, a municipal corporation of the State of Oregon, address:
City Hall, Tigard, Oregon, herein called "Grantee":
i
MinP13SP1h:
1. That Railroad hereby grants to Grantee the right to construct, reconstruct, maintain and use a street or highway.
hereinafter termed"highway",upon and across the real property described on the attached Exhibit "A".
d. The rights herein granted are expressly limited vertically and shall not extend beyond a plane parallel with and
twenty (20)feet above the roadway surface of the highway as originally constructed, except that lighting fixtures and simi-
lar highway appurtenances may extend above said plane, provided that any such facilities will be removed or rearranged
within thirty (30) days after notification from Railroad that such facilities interfere with Railroad's intended use of the
space above said plane.
3. This grant is subject and subordinate to the prior right of Railroad, its successors and assigns, to use all the pro-
perty described in the performance of its duty as a common carrier. and there is reserved unto Railroad. its successors and
assigns. the right to construct. reconstruct, maintain. use and remove existing and future transportation, communication.
power and pipeline facilities in, upon, over. under. across or along said property. In the event Railroad trackage facilities
are removed from said property. Railroad shall not be obligated to make any change in the grade of said highway. not-
shall
orshall such removal affect Railroad's title to the underlying property.
This grant is subject to all licenses. leases. easements, restrictions. conditions, covenants, encumbrances. liens and
claims of title which may affect said property. and the word "grant" shall not; be construed as a covenant against the
existence thereof.
-1. The rights herein granted shall lapse and become void if the construction or reconstruction of said highway is not
commenced within two(2)years from the date first herein written.
5. This grant shall not be construed as conveying or otherwise vesting in Grantee the right to install or to authorize
the installation of any ditches, pipes. drains.sewer or underground structures, or the facilities of any telegraph. telephone
or electric irower lines in. upon. over, under, across or along said property. except as necessary for maintenance of said
highway.
6. Grantee shall obtain any necessary governmental authority to construct, reconstruct, maintain and use said highway.
Any contractor performing work on the property herein described shall execute Railroad's standard form of contractor's
agreement prior to commencing any work on Railroad's premises.
7. Except as herein otherwise provided.Grantee shall bear the entire expense of constructing, reconstructing and main-
taining said 'highway. The crossing of said highway ever any tracks of Railroad shall be constructed and maintained at the
grade of said tracks now or hereafter existing.After the construction or reconstruction of said highway has been completed.
Railroad shall maintain the surface of that portion of sa;d highway between lines two (2) feet outside the rails of each track
located thereon. Should Railroad abandon tracks leading to said highway. Railroad may abandon its rails, ties and appurte-
nant materials and leave same in place. In such event. Railroad shall not be liable for maintenance of the portion of said
highway specified above.
8. As part consideration herefor. Grantee agrees to pay Railroad an amount equal to all assessments levied by any
lawful body against the property of Railroad to defray an' hart of the expense incurred in connection with the construction
or reconstruction of said highway commenced within two(2 _ears from the date first herein written.
9. Should Grantee at any time abandon the use of said property or any part thereof, or fail to use the same for said
p purpose for a continuous period of one (1) year, the rights granted shall cease to the extent of the use so abandoned or
f liscontinued. and Railroad shall at once have the right, in addition to but not in qualification of the rights hereinabove re-
served. to resume exclusive possession of said property or the part thereof the use of which is so discontinued or abandoned.
Upon termination of the rights hereby granted, Grantee agrees to remove said highway, including the paving. from said
property of Railroad. to restore said property as nearly as practicable to the same state and condition in which it existed
prior to construction of said highway.and to bear the expense thereof. Should Grantee in such event fail, neglect or- refuse
to so remove said highway and restore said property, such removal and restoration may be performed by Railroad at the
expense of Grantee. which expense Grantee agrees to pay to Railroad upon demand.
10. This indenture shall inure to the benefit of and he binding upon the successors and assigns of the parties hereto.
11. Sections 12 to 15, inclusive, on the attached insext-, reby-srOdL—parts of this
indenture.
y7N wrTNESS WHEREOF.the parties hereto have caused these presents to be executed in duplicate as of the day and
year first herein written.
SOUTHERN PACIFIC TRANSPORTATION CITY OF TIGARD,
COMPANY,
By To _ D� ./f�2 a� By P
(Title) m-080,r Contract Dept, May
st: - By
ssistant Secretar,
STATE OF CALIFORNIA >
CITY AND COUNTY OF SAN FRANCISCO>
02--7 DAY OF 1983 , BEFORE ME. CHRISTOPHER
ON THIS LAZA), A OTA B IC AN FOR THE CITY AND COUNTY OF SAN
TO
M. LUNDIN (ON�
FRANCISCO, STATE OF CALIFORNIA, PERSONALLY APPEARED K. E. DIRKS, PERSONALLY KWH
NOWN
ME (OR PROVED TO ME ON THE BASIS AS MANAAGER, CONTRACT TISFAdTORY DDEPARTMENT ENCE) TO EONHBEHALF OOF THE
;' EXECUTED THE WITHIN INSTRUMENT,
CORPORATION THEREIN NAMED AND ACKNOWLEDGED TO ME THAT THE CORPORATION EXECUTED IT.
e
CHRISTOPHER M. LUtDPI jqLA�
i �"W/ — —
NOTARY PU51LIC•CALIFORNIA
PRINCIPAL PLACE Of BUSINESS IN
CITY AND COUNTY OF.
SAN FRANCISCO
MY Commission Expires April 3, 1987
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I N S E R T
Southwest 72nd Avenue Crossings FD-749 . 17 & FD-749 . 3-C t
City of Tigard
12. Railroad shall furnish all necessary labor, materials ,
tools and equipment to install and shall install two (2) flashing
light grade crossing signals equipped with automatic gate arms ,
together with necessary actuating and operating circuits and adequate
instrument housing, hereinafter collectively referred to as "signals , " '
at said highway crossings . Said signals shall be located approxi-
mately as shown on the print of Railroad' s Oregon Division Drawing
D-1930 dated July 3 , 1981, revised November 22 , 1982, attached and
made a part hereof. Installation of and all materials for said signals
shall be in accordance with Railroad's usual standards and in
compliance with the Oregon Public Utility Commissioner ' s Standard
Nos. 2 and 4 of Order No. 44783 .
13. Upon receipt by Railroad of a final order from the
Oregon Public Utility Commissioner, Railroad shall order necessary
materials and, upon receipt of such materials and availability of
labor, shall proceed with installation herein contemplated.
Grantee agrees to reimburse Railroad for one hundred
percent (100%) of the cost and expense incurred by Railroad in
connection with the furnishing of materials and performing work of
installing said signals . f
- t
14. Railroad, at its expense , shall remove the existing f
crossings, prepare track, including installation of engineering fabric,
and install AC paving through the existing crossing areas .
15. Railroad, at Grantee 's expen8e, shall install nn
paving through the Widened portion of the crossing areas . Grantee
agrees to reimburse Railroad for all cost and expense incurred by
Railroad in connection therewith.
16. The parties intend that the promises and obligations
of this indenture shall constitute covenants running with the land
so as to bind and benefit their respective successors and assigns .
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EXHIBIT ^A"
Casementfor S.W. 72nd
Ave
:V( nue .
.►, PARCEY, I City► of Tigard z.
A strip of land, 10 feet lode, situate, lying and being in the ti
southeast quarter of Section 12, Township 2- South, Range 1 West,
Willamette Base and Meridian, County of Washington, State of
Oregon, said 10 foot wide strip of lard lying Easterly of and
--
contiguous to the following described line:
Beginning at the point of intersection of the easterly line of
County Road 126 (40 feet wide) , known as S.W. 72nd Avenue, with
the northeasterly line of lana (100 feet wide) of the Southern
Pacific Transportation Company, said point being distant 50 feet
Northeasterly, measured at right angles, from the original located
center line of said company, at or near Engineer Station 335/42.4;
thence Sough 0°02'40'°- East, along said easterly line. of S.W.
72nd Avenue, a distance of 333. 6 feet to a point in the south-
westerly line of said land (100 feet wide) of said Company.
The side lines of the above described 10 foot wide strip of land
_ terminate in said northeasterly and southwesterly lines of said
land (100 feet wide) of the Southern Pacific Transportation
Company.
The above described, 10 foot wide, stripof lard
area of 3376 sq. ft.more or less. contains an
- �e
Es'sement for S.W. 72nd Ave. .
City of Tigard -
Parcel 2
A strip of land, 10 feet wide, situate, lying and being in
the southeast quarter of Section 12, Township 2 South,
Range 1 West, Willamette Base and Meridian, County of Washington, s
State of Oregon, said 10 foot wide strip of land lying westerly
of and contiguous to the following described line:
Beginning at the point of intersection of the westerly line of
County Road No. 126 (40 feet aide) , known as S.W. 72nd Avenue, ._ _
with the northeasterly line of land (100 feet wide) of the
Southern Pacific Transportation Company, said point being
distant 50 feet Northeasterly, measured at right angles, from
the original located center lire of the main track of said
company, at or near Engineer Station 334+06. 24; thence
South 0002'40" East, along said westerly line of S.W. 72nd
Avenue, a distance of 333.6 feet to a point in the southwesterly
line of said land (100 feet wide) of said Company.
The side lines of the above described 10 foot wide strip of
land terminate in said northeasterly and southwesterly lines
of said land (100 feet wide) of the Southern Pacific Transportation
Company. j
The above described 10 foot wide,
d strip ip of land contains an area
F
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C
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CITY OF TIGARD, OREGON
( RESOLUT10N No. 83
A RESOLUTION OF THE TIGARD CITY COUNCIL APPROVING ENTERING .
INTO AN AGREEMENT WITH THE SOUTHERN PACIFIC TRANSPORTATION
COMPANY FOR THE 72nd AVENUE MAINLINE CROSSING.
WHEREAS, this Council ' s desire is to cooperate in the
construction of the railroad crossing facilities in con-
junction with the 72nd Avenue Local Improvement District
# 21 and enter into an agreement with the Southern Pacific
Transportation Company.
NOW, THEREFORE, BE IT RESOLVED BY THE TIGARD CITY COUNCIL
that :
1. The Mayor and City Recorder are hereby authorized
to execute said agreement with the Southern
Pacific Transportation Company on behalf of the
City of Tigard.
2 . Said agreement covers the construction of the
crossing facilities and the right to do work on
the S.W. 72nd Avenue Local Improvement District
# 21 project as approved by PUC order 82-855 .
PASSED this /o day of J , 1983 .
Mayor City of Tigard
ATTEST:
Recorder - City o igard
RESOLUTION NO. 83
� o
M E M O R A N D U M
i .
TO: MAYOR AND CITY COUNCIL
FROM: BOB JEAN, CITY ADMINISTRATOR
DATE: SEPTEMBER 6, 1983
SUBJECT: COUNCIL CALENDAR
Consistent with what I understand to have been your intent, I have reset the
tentative Agendas (attached) and offer the following suggestions as to Council
Calendar for September and October:
Monday, 9/12 -- 7:30 p.m. Regular Meeting, Fowler
Monday, 9/19 -- 5:30 p.m. Park Board Workshop & Picnic
Monday, 9/19 -- 8:00 p.m. Special Meeting, Fowler
Monday, 9/26 -- 5:30 p.m. Regular Meeting (Council Rules
Workshop continued) , City Hall
Monday, 10/10 -- 7:30 p.m. Regular Meeting, Fowler
Monday, 10/17 -- 7:30 p.m. Special Meeting, Fowler
Monday, 10/24 -- 7:30 p.m. Study Session, Fowler
Monday, 10/27 -- 7:30 p.m. Study Session, Fowler
During November and December, to adjust around the holidays, I suggest meeting
the lst-3rd Mondays rather than 2nd-4th if the following meets with your
approval:
Monday, 11/7 -- 7:30 p.m. Special Meeting, Fowler
7:30 p.m. Regular Meet-ing, F-Owler
Monday, X1/14 -- g
Monday, 11/21 -- 7:30 p.m. Study Session (Annual Town Hall
Meeting), Fowler
Monday, 12/5 -- 7:30 p.m. Special Meeting, Fowler
Monday, 12/12 -- 7:30 p.m. Regular Meeting, Fowler
Monday, 12/19 -- 7:30 p.m. Special Meeting, Fowler
Monday, 1/9 -- 7:30 p.m. Regular Meeting, Fowler
Additionally, I would remind Council of the Annual League of Oregon Cities
Conference in Portland Sunday 11/13-1uesday 11/15. Most of the sessions of
interest to elected officials are scheduled for that Sunday. You might want
to mark your calendars now; registration materials will be sent to us later.
If this schedule meets with your approval it would be appropriate to adopt the
Council Calendar by motion.
RWJ : dkr
Attachment
DUE TO WP/SS 9/2/83 .
TENTATIVE AGENDAS
� f
Updated 9/6/83
CITY COUNCIL REGULAR MEETING
7:30 P.M. - Fowler Junior High
Monday, September 12, 1983
3
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Party Responsible
®
Comp. Plan/Development Code (continued)Council Consideration Bill
• C Council Calendar & Call To Hall for 11/21/83
Bob J.
Bill
s TURA Business Meetin Frank/Jerri
• Delinquent Sewer Charge Policy Irene/Bob J.
• WCCLS Levy Discussion
• C Resolution 83-50 - RatifyS.P. Crossin Permit Frank a
s C S.W. 100th Sewer Line LID Bid Awards
• C OLCC Approval - Tigard Beer & Wine AP.
• Fire Dist. #1 Code - Ordinance Adoption Frank
• C Speed Zone Study Request Frank
• C Accept Public Im rovements - Englewood I, - & III
® ank
C Acce t Performance Bond and Agreement for Co er Creek Phase IIIDori
s
Key to City & Resolution Howard Williams
Bill/Frank
• S.W. 114th St. Vacation - Public Hearin continued
c^. finued Frank/Bob
® 68th Avenue St. LID #43 - Council lAnsiu=La��or.
• C Ratif Board. & Committee A ointments - Resolutions
Doris
0
•
•
•
A -
TENTATIVE AGENDAS DUE TO WP/SS 9/9/83
Updated 9/6/83
CITY COUNCIL SPECIAL MEETING
8:00 P.M. - Fowler Junior High
Monday, September 19, 1983
Party Responsible
* PARKS TOUR & PICNIC (5:30 - 7:45) Park Board
* Park Board Workshop with Council Bill/Frank
* Park CIP Progress Report __ _ Thomas/Frank
c Purchasing Policy & TMC Revisions Doris/Frank T.
• Business Tax Revisions Report Jerri
• Dartmouth LID Report Frank
• ESEEElements to Comp Plan Bill
• Nov. Election Resolutions? Bob
• CP/DC Cont.? Bill
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DUE TO WP/SS 9/16/83
TENTATIVE AGENDAS
` Updated 9/6/83
CITY COUNCIL REGULAR MEETING
5:30 P.M. - Tigard City Hall
Monday, September 26, 1983
F
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9
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Party Responsible g
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Staff
Dept. Re orts/U date
o Council Rules (continued)
® Review Goals & Priorities
Review Tentative Agendas
Bob
e Deadline Nov. 'Election Res.
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DUE TO WP/SS 10/1/83
TENTATIVE AGENDAS
Updated 9/6/83
CITY COUNCIL REGULAR MEETING
7:30 P.M- - Fowler Junior High
Monday, October 10, 1983
Party Responsible
Frank
• Solid Waste Franchise Rates Review Bill
®
Annexation -policy Bill
o Economic Devela went Re ort Bill
• TURA Business Meeting Bill
® TURA Plan Amendment/Ado tion Bill
• Hwy. 217 Annexation Res.
Bill
•
Comp , Plan Ratification Ord. ? Bill
•
Comp. Plan Amendments (6) ?
•
Bill
Com Plan Amendments CPA 6-83 Dakota Greenwa
9 Camp Plan Amendments CPA 9/83 Gallo Vineyards/Herb Mori ssetteBBill
Bill
• 79th/S ruce St. Annexation Frank
e Park Board Rules TMC Revisions
Jerri
o
Budget Adjustments Resolution
Frank
• Dartmouth LID Feasibility Report
•
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DUE TO WP/SS 10/7/83
f— TENTATIVE AGENDAS t
E
Updated 9/6/83
CITY COUNCIL SPECIAL MEETING
7:30 P.M. — Fowler Junior High
Monday, October 17, 1983
Party Responsible
e Library Annual Report Irene
o ibrary Board Workshop Irene
s Disaster Plan Report Chief
s Employee/Volunteers Awards & Recognitions Irene/Doris
o LID Policy Discussion Joy
e Codes Enforcement Committee Report Bill
o Business Tax Revisions Ord. Jerri
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DUE TO WP/SS 10/14/83
TENTATIVE AGENDAS t
Updated 9/6/83 1
CITY COUNCIL STUDY SESSION !
7:30 P.M. - Fowler Junior High
Monday, October 24, 1983
Party Responsible
SFS
1.
o Bud et Committee Worksho
Frank '
0 CIP Discussion
Bob J.
0 5-Year Plan 13date & Tax Base (Manpower Plan, etc.) Staff
0 Dept. Reports & Update
0
0
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DUE TO WP/SS 10/17/83
TENTATIVE AGENDAS
Updated 7/22/83
CITY COUNCIL STUDY SESSION
Thursday, October 27_, 1983
Party Responsible
• CC/Budget Coad"
• Strategic Planning (Dr. Sheldon Edner,
PSU 229-4042)
s
Workshop
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TENTATIVE AGENDAS DUE TO WP/SS 10/28/83
Updated 9/6/83
CITY COUNCIL SPECIAL MEETING
7:30 P.M. - Fowler Junior High
Monday, November 7, 1983
Party Responsible
• Department Reports
• Nov. Business
• _TURA Meeting
• Personnel Rules Res. Doris
• Council Rules & TMC Ord. Bob
• LID Policy & Ord Joy
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LOC 11/13 - 11/15
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DUE TO WP/SS 11/4/83
TENTATIVE AGENDAS
Updated 9/6/83 E
CITY COUNCIL REGULAR MEETING �
7:30 P-M. - Fowler Junior High
Monda , November 149 1983
s
Party Responsible
Bill
• PlanningAnnual rt
John H./Bob W n
• Mana ement Incentives
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{� TENTATIVE AGENDAS DUE TO WP/SS 10/11/83
Updated 9/6/8.3
CITY COUNCIL STUDY SESSION
8-
7:30 P.M. - Fowler Junior High
Monday, November 21, 1983
Party Responsible
o Town Hall Meeting
Bob
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TENTATIVE AGENDAS DUE TO WP/SS 11/22/83 t
Updated 9/6/83 €
CITY COUNCIL SPECIAL MEETING
i
7:30 P.M. - Fowler Junior High
Monday, December 5, 1983
Party Responsible
h
• SDC Amendments/CIP Finance Bob
,
• CP-UPAA Bill
• Dept Reports & Update
o
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TENTATIVE AGENDAS DUE TO WP/SS 12/2/83
F
Updated 9/6/83
CITY COUNCIL REGULAR MEETING
7:30 P.M. - Fowler Junior High e
Monday, December 12, 1983
,
Party Responsible
• f
•
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TENTATIVE AGENDAS DUE TO WP/SS 12/9/83
Updated 9/6/83
CITY COUNCIL SPECIAL MEETING
7:30 P.M. - Fowler junior High
Monday, December 19, 1983
Party Responsible
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TENTATIVE AGENDAS
Updated 9/6/83
JANUARY AND BEYOND
Party Responsible
Frank
• 99W Highway /Park ROW Vacation
Doris
• TMC Revisions/Codifications (Sept. & B)
o Sidewalk Polic (Parker/Brookwell)
• (14a )r's Resi nation? 2/14 Mayo.-'s Birthday)
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TENTATIVE AGENDAS
Updated 6/22/83
BOARD & COMMITTEE DEPARTMENTAL
MONTHS COUNCIL WORKSHOPS REPORTS
July TURA 7/25
August Council Rules CA Review
September Park Board 9/19
October Library Board 10/17 Library 10/17
Budget Committee 10/24
November Town Hall 11/14 Planning & Dev. 11/21
LOC 11/13-11/15
/ December Finance & Serv. 12/19
January Annual Report 1/9
Public Works 1/16
February Budget Police 2/13
March Budget Executive 3/19
April
May
June
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CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
AGENDA OF: September 12., 1983 AGENDA ITEM h:
DATE SUBMITTED: August 29, 1983 PREVIOUS ACTION:
ISSUE/AGENDA TITLE: Request to
Establish Speed Zone on S.W. Hampton REQUESTED BY: Public Works ¢(
Street
DEPARTMENT HEAD OK: I�L�' CITY ADMINISTRATOR:
INFORMATION SUMMARY
The City Police Dept has requested that we have a speed zone established and
posted on S.W. Hampton Street. There is no speed zone established for this
street.
Speed Zones are established by the Oregon State Speed Control Board.
ALTERNATIVES CONSIDERED
Leave as is (with no posted speed zone) .
SUGGESTED ACTION
Staff recommends passage of this resolution asking Washington County to
request that the Oregon State Speed Control Board make an investigation to
establish a speed zone for S.W. Hampton Street.
® Cl .3 3 f r1 0
REQUEST FOR ACf f®N
CMOFTWARD
%M&SH NGMN CwM.OccGOW
LOCATION: GL1 l'� /-ttG�1 � U>X11
PROBLEM:
B�;__ 6� GL-«�k,n � Date: 4
FORWARD TO: Administrator Police
Building Public Works
� Library
Recorder
Planning Other
o®
Department Head Response:
ACTION TAKEN:
Forwarded to: County'P.W. State Hwy. Dept.
By: Date
WHITE: To Orcpnator CANARY: To Dept. Head (9/89)
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CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
AGENDA'OF: September 12, 1983 AGENDA ITEM k: ZQi
DATE SUBMITTED: August 29, 1983 PREVIOUS ACTION:
ISSUE/AGENDA TITLE: Request to
Establish Speed Zone on S.W. 66th REQUESTED BY: Public Works
Avenue.
DEPARTMENT HEAD OK: CITY ADMINISTRATOR:
INFORMATION SUMMARY
The City Police Dept. has requested that we have a speed zone established and
posted on S.W. 66th Avenue parallel to I-5. There is no speed zone established
for this street.
Speed Zones are established by the Oregon State Speed Control Board.
ALTERNATIVES CONSIDERED
Leave as is (with no posted speed zone) .
SUGGESTED ACTION
Pass a resolution asking Washington County to request that the Oregon State
Speed Control Board make an investigation to establish a speed zone for S.W. 66th
Avenue.
UL".JR
< .ST.
LOCUST
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REQUEST FOR ACTION
CRYOF TWARD
WASHW4GMN .
LOCATION:
PROBLEM: '
By; j 5., C .<..1 ;,�;� -F -, Date:
FORWARD TO: Administrator Police
Building Public Works
Library Recorder
Planning Other
Department Head Response:
ACTION TAKEN:
Forwarded to: County P.W. State Hwy. Dept.
By: Date
f
WHITE: To Orginator CANARY: To Dept. Head (9/81)
k
C
i
REQUEST FOR ACTION
C IYOFYWARD
g �COUIM.CMECION
_jCATION: G� '
PROBLEM:
By D .(�J'Y7Gl/Y7 Date:
FORWARD TO: Administrator Police
Building Public Works
Library Recorder
Planning Other
Department Head Response:
ACTION TAKEN:
Forwarded to: County P.W. State Hwy. De¢t. _
By: Date
WHITE: To Orginator CANARY: To Dept. Head
(x/819
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
AGENDA OF: September 12, 1983 AGENDA ITEM h: z o}
DATE SUBMITTED: September 2, 1983 PREVIOUS ACTION: Ord # 83-32 (6/27/83)
ISSUE/AGENDA TITLE: S.W. 100th Avenue Creating L.I.D. & Directing Bid Solicitation
Sanitary Sewer L.I.D. #41 Bid Opening & REQUESTED BY: Engr. Div. Public Works
Bid Award Recommendation
DEPARTMENT HEAD OK: ' CITY ADMINISTRATOR:
INFORMATION SUMMARY
Bids were opened for the installation of the L.I.D. 's sanitary sewer at 3:00 p. m-
on August 31, 1983. Six bids were received ranging from $12,693.70 to $23,378.00.
Staff_:' estimate was $9,325.00.
The low bid ($12,693.70) if awarded, would increase the total estimated cost of the
project by $3,368.70 and subsequently the City's participation cost, since the
Council created the district with the understanding of the affected property owners
that each of said owners assessments would be fixed at the estimated price of $3,108.33
(per assessment roll alternate #2) .
---- ------------------------------------
ALT£RNATIVES CONSIDERED
Reject bids and re-advertise.
aaaaam as----asaas:aascaaasasaaasassasesa=aa=e=======a==z=e====___
SUGGESTED ACTIOtJ
Staff recommends award to the low bidder, Jim Smith Excavating, in the amount of
$12,693. 70, with the City bearing the increase.
J
i
f
� 2
BID OPENING AUGUST 31, 1983, TIGARD CITY HALL
'Age.,
S. �W. O�OthVENUE ttITARY SEWER L.I.D. #41 BID OPENING
e
NAME PREQUALIFIED BID BOND AMOUNT '
t
f
Bill Page Construction
Toby's Excavators
Pacific Intn'l Pipe & Engr
Bones Construction Inc.
� n
e
By-Town Pipe
Jim Smith Excavating 490
Cascade Ditching
R
f
Schmidt's Excavating
Miller & Sons, Contr. P/3•
a
ENGINEER'S ESTIMATE: $9,325.00
a'
** Corrected Unit Price Extensions
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
AGENDA OF: September 12, 1983 AGENDA ITEM #:
DATE SUBMITTED: 9-7-83 PREVIOUS ACTION:
N/A
ISSUE/AGENDA TITLE: O.L.C.C.
Application REQUESTED BY: Arlie C. Woodward
DEPARTMENT HEAD OAC: CITY ADMINISTRATOR:
R.B. Adams, Chief of Police
INFORMATION SUMMARY
New Outlet: Tigard Beer & Wine
12490 S.W. Main Street
Tigard, Oregon 97223
A package sale (PS) outlet.
Owner: Arlie Charlene Woodward
Address: 10215 S.W. Walnut, Tigard, Oregon 97223
This business will be operated in conjunction with the Tigard Liquor Store
at this same location. I find no objection to the combined operation as
proposed.
ALTERNATIVES CONSIDERED
Other alternatives were not considered as the proposed business is compatible
to the pre-existing business.
---------------------------------------------
-------------- ---
-----------------
SUGGESTED ACTION
Recommend approval by City Council
MEMORANDUM
August 15, 1983
TO: Chief Adams
FROM: Penny Liebertz, Finance Dept.
SUBJECT: OLCC License Application
Please review and have recommendation to us by Wednesday, September 7th, so we
may include it in the packets for the September 12th Council meeting. Thanks.
PS Tigard Beer & Wine
12490 SW Main Street
Tigard, OR 97223
3
{ CITY OF TIGARD, OREGON
R COUNCIL AGENDA ITEM SUMMARY
Se tember 12, 1983 AGENDA ITEM #:
Consent / 0'
AGENDAOF: P
August 12, 1983 PREVIOUS ACTION: Englewood I & II
DATE SUBMITTED: g have been on Maintenance from 9/77
ISSUE/AGENDA TITLE: Acceptance of and III has been on Performance Bond
since 6/76.
VESTED BY: R L Thompson
Public Improvements within Englewood REQUESTED
I, II and III. Engineering Department
CITY ADMINISTRATOR:
DEPARTMENT HEAD OK:
INFORMATION SUMMARY
Englewood I, II & III have had some problems for several years.
The bonding company has completed the necessary repairs and has requested
acceptance by the City.
The engineering department has inspected this subdivision for conformance to
standards and finds it acceptable.
----------------
ALTERNATIVES CONSIDERED SUGGESTED ACTION
C
Staff recommends the City Council pass this resolution accepting the Public
Improvements within Englewood I, II & III.
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
AGENDA OF: September 12, 1983 AGENDA ITEM k: 4. 0 0
DATE SUBMITTED: August 30, 1983 PREVIOUS ACTION: N/A
ISSUE/AGENDA TITLE: Acceptance of
Subdivision Performance bond and REQUESTED BY: R_ i._ Thnmisnn,
Compliance Agreement for Copper Creek III Engineering Department
DEPARTMENT HEAD OK: ADMINISTRATOR:
INFORMATION SUMMARY
This is the third phase of Copper Creek Subdivision. All fees have been paid
and the attached bond for 100% of all public improvements has been submitted
to the City. Plans have been checked and issued with the understanding that
the City Council still needs to give its approval on the bond and agreement.
The bond and agreement, if accepted by the Council, will assure construction
of Phase III of Copper Creek Subdivision to city standards.
ALTERNATIVES CONSIDERED
Rejection of bond and agreement (terminate project) .
SUGGESTED ACTION
Staff recommends acceptance of the Subdivision Performance Bond and Compliance
Agreement, to facilitate development of said subdivision.
( CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
AGENDA OF: �1�2/RS AGENDA ITEM k: An
DATE SUBMITTED: �fR�Ri PREVIOUS ACTION:
ISSUE/AGENDA TITLE: Pergpnry
Communications Study pert REQUESTED BY:
DEPARTMENT HEAD OK: CITY ADMINISTRATOR:
INFORMATION SUMMARY
Attached is a request from Washington County for the City to participate
in a communication study. Chief Adams has been representing the City at
these meetings and his memo is attached.
ALTERNATIVES CONSIDERED
1. Participate now.
2. Don't participate
3. Participate later.
SUGGESTED ACTION
That the matter be considered in the budget process for a FY 84-85 study.
1
f
v
M E M O R A N D U M
i
i
E
TO: CITY ADMINISTRATOR i
t
FROM: CHIEF OF POLICE g
DATE: AUGUST 31, 1983
a
SUBJECT: PROPOSAL FOR AN EMERGENCY COMMUNICATIONS PLAN
RE: WASHINGTON COUNTY EMERGENCY COMMUNICATIONS STUDY
Sir:
The Washington County 911 Board and the RFP Subcommittee, which is composed of
representatives of police, fire, and emergency medical services within the
county, reviewed several proposals from various vendors to conduct the study.
The 911 board selected Compass Consulting Group on August 4, 1983, as the
vendor most capable of conducting the study. The focus of the study would
address four areas identifed by the 911 board. They are as follows :
1. Central Dispatch
2. Computerized Dispatch
3. Enhancement of 911
4. Cable Television/Dispatch
a
The cost of the study as proposed by Compass Consulting Group is $42,820. The
Tigard share is $2,952 which is based on 6.96 of the county population. fi
The 911 board also recommended that the study be funded from 911 monies.
However, the cities share of the 911 money is transferred to Tualatin Rural
Fire Protection District, therefore they are in control of that revenue
resource at this time. It is my understanding that the Fire District has
committed that revenue to the operation of their 911 center and that revenue
Y
is not available.
A second problem relative to funding the study occurred because the cost
Yi
factors were unknown at the time the police budget was adopted. Therefore,
there is no money in the police budget at this time to support the city's
share of the study.
It is my opinion that the study should be conducted, as it would aid all
emergency services providers in their future long-range communications .
planning. However, funding the study at this point in time is a problem and I
am reluctant to request contingency money this early in the fiscal year if the
Fire District cannot fund our share of the 911 money.
. . . Continued . . .
F
151
CITY ADMINISTRATOR
{ AUGUST 31, 1983
PAGE TWO
The Tualatin Xural Fire Protection District 911 Center is working very well at
this time. The planning that went into their communications system was
outstanding and it interfaces with other emergency services providers in an
acceptable manner at this time. The Fire District communications system will
allow the City to incorporate the police department's radio system with their
microwave component to enhance our system. Therefore, in the absence of a
county-wide system, the combined efforts of the City and Fire Department will
still provide a very efficient communications system for the citizens in the
community and fire district.
The Washington County Finance and Administration Director, Margret Post, needs
to know if the City will be participating in the funding of the study by
September 16, 1983.
In conclusion, and as stated above, the study should probably take place.
However, it may be desirable to recommend the study be placed on hold until
the next budget cycle. This would then allow for funding consideration at
that time.
Respectfully,
R. B. Adams,
Chief of Police
RBA dkr
Enclosures
MIRIN �
RURR HU PROTH110H
TURUH SSELL WASHBURN. CHIEF
P.O. BOX 127 S TUALATIN. OREGON 47062 s PHONE 652-2601 ® RU
I
August 25, 1983
Mayor & City Council a
City of Tigard
City Hall
Tigard, OR 97223
Re: Washington Co. Emergency CC municatlons Study
Dear Mayor & Council Members :
Attached is a copy of a letter from Washington County regarding the funding
of a coamunications study relating to Central Dispatch, cmputer aided dis-
patch, enhances 911 and cable systems. Washington County, through the com-
mittee process, has recc€rmended that funding for this ccranunications study be
funded by 911 monies.
The Tualatin Fire District, 911 Carmunications Center, currently provides the
911 service for your area arra has been operational since 1980. The Center is
the initial answering point for all police, fire, and medical calls. Funding
for the 911 Center was originally accanplished through a three Year serial
levy which terminated in July 1983. A state-wide funding for 911 was
provided for in HB 3178 in 1982. Currently, the Tualatin Fire District
receives the 911 funding (State excise telephone tax) from the areas in which
we provide service which was authorized by your city in 1982. 'These revenues
are utilized in the General Fund budget for the operation of the 911 Center.
There is not a budgeted amount allotted for participation in this ccmmuni.-
cations study. At the present time, Tualatin Fire District's staff is
concerned regarding the funding process, expenditure of these funds, and
the need of the study as it relates to the Tualatin 911 Center and its
users. Tualatin Fire is currently a 911 Center and a computerized dispatch
agency.
Your opinions regarding this communications study would sincerely rra be
appreciated aI or Chief Washburn are available to answer any questions
which you may have. We would sincerely appreciate your input prior to Sept.
2, 1983.
Sincerely,
Diane Brandt
camunications Officer
cc: D.C. John Schwartz
DB:dm
C3EEnclo:sureD/j^6l waj--
WA,SHINGTON COUNTY
Tao
3 T ADMINISTRATION BUILDING 150 N. FIRST AVENUE
HILLSBORO, OREGON 97123
REG%
l
BOARD OF COMMISSIONERS DEPT.OF FINANCE AND ADM.
ROOM 101 tr?
WES MYLLENBECK, Chairman (503)648-8811
BONNIE L. HAYS, Vice Chairman August 5, 1983
EVA M. KILLPACK
JOHN E. MEEK
LUCILLE WARREN
City of Tigard
Chief Adams
9020 S.W. Burnham
Tigard, Oregon 97223
Re: Washington County Emergency Communications Study
Dear Chief Adams:
As you are aware, proposals were sought for performing an Emergency
Communications Study within Washington County. Four proposals were received,
They were reviewed by the RFP subcommittee, which made a recommendation to the
full RFP committee and the vendor made an oral presentation to all users on
August 4, 1983. In addition, the RFP subcommittee met with the 911 Board on
August 4 1983. It was the unanimous decision of all of these committees that
the firm of Compass Consulting Corporation should be engaged to perform the
study and the appropriate funding mechanism was 911 monies.
( i A copy of the proposal is enclosed for your information as well as a cost
breakdown for all jurisdictions within Washington County. Since your 911 funds
are received and accounted for by the Tualatin Rural Fire District they will be
setting up a meeting with your City the week of August 15, 1983 to discuss the
proposal .
A letter stating your Board' s decision should be returned to me by September 16,
1983. We anticipate starting the project on October 1 , 1983 and completing it
within six months. The consulting firm will be making interim reports to the
RFP committee and we will keep you apprised of the status either through your
representative or directly.
Thank you for your consideration and interest in the project. If you have any
questions please contact me at 648-8661 .
Very truly yours ,~
Margaret)A. Post , Director
Finance and Administration
Enclosures
an equal oppr,rrunirl• cmployer
WASHINGTON COUNTY
Inter—Department Correspondence
Date August 3, 1983
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i To : Marge Post, Director, Finance and Administration
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From : Dick J. Slinger, Communications Division Superviso `1
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j Subject : Cost Estimates for all Agencies for Communications Study
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Listed below are the cost estimates, by jurisdictions to fund the Communications
Study using 11911 monies". These estimates are based on population with -
figures supplied by Portland State University Center for Population and
4 Research and Census dated 7/1/82.
%of County
Jurisdiction Population Population Cost
Banks 510 0.2 $ 83
Beaverton 33,640 13.0 5,564
Cornelius 4,880 1 .9 811 -
i Forest Grove 11 ,910 4.6 1 ,967
a Gaston 555 0.2 83
Hillsboro 29,240 11 .3 4,836
I North Plains 750 0.3 n6
Tualatin Rural F.D. 10,019 3.9 . 1 ,667
I Cities' 911.money
held by Tualatin Rural F.D.
!
Durham 700 0.3 126
King City 1 ,860 0.7 126
Sherwood 2,550 1 .0 426
Tigard 18,000 6.9 2,952
Tualatin City 9,400 3.6 1 ,539
Subtotal Tualatin R.F.D. 7,007
Forest Grove RFD 4,792 1 .8 768
Gaston RFD 1 ,452 0.6 254
Washington County 259,700
Less cities & RFD's pop. 129,442 49.8 21 ,321*
42,820
Includes monies for
�. Fire District Number One: $8,992
Fire District Number Two: $1 ,027
Tri-Cities Fire District: 347
Cornelius Rural Fire Dist. :$ 256
O'DONNELL. DATE August 31 , 1983
SULLIVAN & RAMIS / j
ATTORNEYS AT LAW TO Bob Jean, City Administrator
1727 N.W. HOYT STREET ?
PORTLAND. OREGON 97209
15031 222-4402 FROM Susan Schneider, Assistant City Attorney
\ RE City of Tigard• The Mayor'Aftg. a ion
rr/d
FACTS
The Mayor of Tigardhas
announces term,that he will resign early in
f hi
1984 before the exp
ISSUES
What are the implications of this resignation? See attached
memorandum from Bob Jean. These questions include how and when
d and will the council be able to
will a replacement be selecte
conduct its business in the interim.
4
CONCLUSION
hen the will
There will be a short time rwmembers isuncil sufficienthtoetoransactur
members. In any case, fou
the City' s business.
DISCUSSION
The provisions controlling the election, resignation and filling
f of vacancies for the offices of Mayor and City Councilor are
4 ter .and state election laws.
contained in the City Char
Council President
The Council President is elected for a two-year term in each odd-
numberedyear. Tigard Cit
yDecember,ofe1984nto8theCman fi.rsticouncil
Scheckla' s term is through
meeting of 1985. There is no provision in the Charter for the
filling of a vacancy in the Council President' s term. Presumably,
selection of an interim
president
iginallyUnexpired
selectedtwoulderm nnote s
same manner as the presidentwasor
run afoul of the Charter.
The Mayor
k
"The mayor shall be elected at each general election and hold
office for a period of two years. " Tigard City Charter, Section
7. Mayor Bishop was elected in November, 1982. His term expires
at the end of 1984. However, he has expressed his intent to
resign in the Spring of 1984 , before the expiration of his term. {
The Charter provides:
" [i]n the event the office of mayor. . .becomes vacant
before the normal expiration of its term, a special
election shall be held to fill the office for the
unexpired term. " id.
SKS:mch
8/31/83
Page 1
O'DONNELL. DATE August 31 , 1983
SULLIVAN & RAMIS
ATTORNEYS AT LAW TO Bob Jean Cit Administrator
1727 N.W. HOYT STREET y
PORTLAND. OREGON 97209
15031222-4402 FROM Susan Schneider, Assistant City Attorney
i
RE City of Tigard: The Mayor' s Resignation
State statute sets specific dates for special local elections.
ORS 221 . 230.
Another chapter of the statute requires the City Recorder to
give the County Clerk a statement of the offices and measures to
be considered "at least" 34 days before a special election and
61 days before a primary election. ORS 254.095 . Even though
this would be a special election for Mayor, if it is held in May
it will be construed as a primary, according to Bill Flynn of
the Secretary of State' s office. This was confirmed by Vicki
Erwin of Washington County. Reading the two statutes together
will determine when an election to fill the vacant office of
mayor (or a councilor) must be held.
If the resignation is effective on a day:
1) Between January 1, 1984 and February 21, 1984 ,
then the election would be March 27, 1984 , a
special election;
2) Between February 22 , 1984 and March 14 , 1984,
then the election would be May 15, 1984 , a
primary;
3) Between March 15, 1984 and May 22, 1984 , then the
election would be June 26, 1984, a special election.
Since the time provisions of election laws are strictly construed,
it would not be prudent to push the time limits of the provision
in either direction.
The position of mayor would be vacant from the effective date of
the resignation until the successful candidate was elected and
qualified. The person elected mayor at the special election
would serve for the unexpired term of Mayor Bishop. That is, he
or she would serve through the end of 1984 . The election in
November would determine who would serve for the new 1985-86
term. The interim mayor could, of course, run in November.
There is no provision in the City Charter for appointment of an
interim mayor during the period that the office is vacant. A
Charter amendment making such a provision can certainly be
submitted at any election. Of course, time constraints, 34 days
for a special election or 61 days for a primary or general
election, must be met.
SKS:mch
8/31/83
Page 2
O'DONNELL, DATE August 31, 1983
SULLIVAN & RAMIS
ATTORNEYS AT LAW TO Bob Jean, City Administrator
1727 N.W. HOYT STREET
PORTLAND. OREGON 97209
15031222-4402 FROM Susan Schneider, Assistant City Attorney
RE City of Tigard: The Mayor' s Resignation
Councilor Candidate
A current councilor may want to run for the Mayor' s unexpired
term. To do that, the councilor must express the intent to do
so and resign his or her current position, effective the day
before the new office would begin. Tigard City Charter, Section
7. This must be done in writing and may not be withdrawn. Id.
If this is done, then a special election would have to be held
to fill the councilor' s position. To calculate the election
dates, see the discussion above.
Since it is unlikely that any councilor would make their
resignation effective before the last day, it is unlikely the
council would be left with less than four members. However, in
the event the council were left without a quorum, then the state
law provides that the remaining members may still call a special
election "for the purpose of electing a sufficient number of
persons to fill all the vacancies then existing in the governing
body. " ORS 221.160 .
r
S
SKS:mch
8/31/83
Page 3
BID OPENING AUGUST 31, 1983, TIGARD CITY HALL
S. 47. '_ OOth AVENUE SANITARY SEWER L.I.G. #41 BID OPENING
NAME PREQUALIFIED BID BOND AMOUNT
Bill Page Construction
Toby's Excavators
G y . L� n
Pacific Intn'l Pipe & Engr
Bones Construction Inc.
n
By-Town Pipe
Jim Smith Excavating
cade Ditching
Schmidt's Excavating
Miller & Sons, Contr.
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CITY OF TIGARD, OREGON
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COUNCIL AGENDA ITEM SUMMARY
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AGENDA OF: September 12, 1983 AGENDA ITEM if:
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DATE SUBMITTED: 9-7-83 PREVIOUS ACTION: N/A
ISSUE/AGENDA TITLE: Police and Public
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Works Radio Maintenance Agreement REQUESTED BY: City Administrator
(
CITY ADMINISTRATOR:
DEPARTMENT HEAD OK: . %
R.B. Adams, Chief of Police
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- INFORMATION SUMMARY
The City contacted several radio maintenance vendors, requesting formal
proposals for the maintenance of existing city radio equipment. Four
were received; they are as follows:
Vendor Monthly Rate-
1.
ate1. Point to Point Communications, Hillsboro $610.50
' '
2. Motorola Communications and Electronics, $431.80
Beaverton
$494.15
3. Clackamas Communications, Estacada
$429•!0
4. Communications Enterprises of Oregon,
Portland
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ALTERNATIVES CONSIDERED
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All of the proposals were received, giving consideration to after hours rates,
and any exceptions to the request for proposals (R.F.P. ) . Vendor #4 above
did not include replacement protable radio batteries; however, they do not
charge for after hours service calls. All :�� the others charge for after hour
service calls. It is to the City's advantage to cover the after hours service
calls in the agreement, as this cost will be greater than replacement batteries.
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SUGGESTED ACTION
It is recommended that the City Administator be authorized to sign a radio maintenance
agreement with the low bidder, Communications Enterprieses of Oregon, Inc. The
term of the agreement shall be from October 1, 1983 to June 30, 1984.