City Council Packet - 07/30/1984 4
TIGARD CITY COUNCIL PUBLIC NOTICE: Anyone wishing to speak on an
m SPECIAL MEETING AGENDA agenda item needs to sign on the appropriate
JULY 30, `1984, `7:30 P.M. sign-up sheet(s). If no sheet is available,
m 6 FOWLER JUNIOR HIGH ask to be recognized by the Chair at the start
10865 SW WALNUT of that agenda item. Visitor's agenda items
N v' TIGARRD, OREGON 97223 are asked to be kept to 2,minutes or less; longer
matters can be set for a-future Agenda by con-
tacting either the Mayor or City Administrator.
7:30 1. SPECIAL MEETING:
1.1 Call To Order and Roll Call
1..2 Pledge of Allegiance
1.3 Call To Staff and Council For Noxa-Agenda Items
7:35 2. VISITOR'S AGENDA (2 Minutes or Less, Please)
7:40 3. ORDINANCE NO. 84-46 CPA 14-84 - GOAL #10 DENSITY
o Second reading of ordinance from 7-23-84 meeting
7:45 4. CODES ENFORCEMENT DISCUSSION
o Director of .Planning;& Development
8:30 5. SIGN CODE/POLITICAL 'SIGNS DISCUSSION
o Director of Planning` & Development
5 6. LID POLICY DISCUSSION
o Finance Director
e
9:45 BREAK
10:00 7. AGENDAS AND WORK PROGRAM DISCUSSION
o City Administrator
10:15 8. 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:
8.1 Approve and Authorize Signatures:
Slope Easement SW 113th Avenue - Leonard Scheckla
Non-Remonstrance Agreement —11225 SW Greenburg Rd. - Lilly/Hogan
Non-Remonstrance Agreement - 8485 SW Hunziker Levear/Start
Right Day Care Center
10:20 9. NON-AGENDA ITEMS: From Council and Staff
10:30 10. ADJOURNMENT
1822A
COUNCIL AGENDA - JULY 30, 1984 - PAGE 1
TIGARD CITY COUNCIL
SPECIAL MEETING MINUTES- JULY 30, 1934, -.7.30 P.R.
Ima
1. ROLL CALL: Present-
Mayoty Joh Cook-
k-Cufruncilo s: To�or ofrPubiich4�rksil s(arrived at nneth 9221P.Ra)�; Bob
Jean, Cittyy Administrator; Bill Monahan, Director:of Planning b Development (arriving_at
7-37'P.M.); Mark O'Doamell (arriving at 7:.43 P.M.), Legal Counsel; grad Roast, Building
Inspector (left at 8 5 P.M.) Jerri Widner, Finance Director (arrived at 9:22 P.R-
Inspector
at 9:55 P.M.); and Loreen Wilson, Deputy city Recorder.
2. CALL TO STAFF AtDl COUNCIL FOR ITEMS- No ore appeared to speak.
YVE`PLAN' MRP - LAND
USE, THE BUILDABLE
3. ORDINANCE RD. 84=46 AN O3di1NANCE f'MEN i1W- IIE FdIILL li+4l r TLRY CONTAINED IN URBABI2ATI 3
W LAWS IWMTORV MAP,.
VOLUME I RE564(dtCE CW
TER 18.56 OF THE CCd4fUIidTY 4ALLY ADOPT_—CODE 8 t.
AM CHAPTER 18.40 OF THE COWj"ITY DEVELOPMENT CODE AS ORIGIRBALLfr 723-844
'.. hlNdi4 £ 83-52 AND DECLARING AN EMERGENCY. Second reading
meeting. _
a. Lotion by Councilor Brian, secanced by Councilor'Edin to adopt.
ordinance passes by 4-1 majority vote of Council Present. Councilor Scott voting nay-
4. CODS Ei.`EORCERENT DISCUSSION
DIRECTOR OF PLANNING&DEVELOi EtiT ARRIVED: 7:37 P.R.
LEGAL COUNSEL ARRIVED: 7:43 P.M.-
a. Build' Inspector Roast presented Codes Enfarco=nt CommitteeReport. Lengthy discussion
folla
b. Mayor Cook requested Council yrs,prioritize code ei sues aandinformati�show andreturn tohat eClevel those
codil s should be perform. at. He will then coy'
results. possibly as early as 840-84.
C. Councilor Edin suggested some priority should be given to the code revisions needed too. €€
BUILDING INSPECTOR LEFT 8:55 P.R.
S. SIGN cW-/POLITICAL SIMS DISCUSSION was to keep the current g
a. S l Phlannlic s ion, am aslettCo utolpnlitiwl candidates advis�ingtithe cal sofncode and
tee code
reqUiramants.
RECESS COUNCIL'MEETING: 9:05 P.R.
RECMVEHE Chu IL MEETING: 9:22 P.R-
DIRECTOR OF PUBLIC wDRKs AND FINALE DIRECTOR ARRIVED: 9:22 P.R-
6. LID POLICY DISCUSSION
a. Director of Public ltvrks, Finance Director, and Council discussed the 'Finance and Closure' #
chapter of the Policy Manual. E
b. City Ad2inistrator stated staff will take Council comments and review with citizen groups.
Final approval of the manual will be in november with code amendvents following.
FINANCE DIRECTOR LEFT: 9:5.5 P.H.
7. AGEWAS AhiD 1 !P6 A'DISCUSSION p a
a. City Administrator discussed the agenda setting Process noting the Mayor approves the agendas.
lin stated that.Council always has the right to move agenda items to another Meting or another �
location an the agenda in the saw Ming.
in
motion
0. CMENT AG:7DA- These item are considered
o be rutine n and a motion for�discus�sion and sseparatwithoue..y be en
separate discussion. Anyone request
action. Motion to: -
6.1 A#4�rove
Sf 1 apeR aErsusAuthor%Siwtures.
ent- 11re
- Leonard checkla
trancc ghAvenue
Agreemot-.11225 SW Gr�eenhu.9 Rd. - Lilly/ib9an
N ni-Rennonstrance Agreement-8485 STt hkunziker- Levear/Start Right Day Care Center
a. notion by Councilor Brian, seconded by Councilor Scott to approve.
Approved by unanimous vote of Council present.
9. ADJOU0PIENT, 1O:Of+P.R. '
e
W
pu r i g ecorTer= r Y
offiga
ATTEST:
i �
P'
Page l -COUNCIL R44RtiTES-J•eiLY 30, 1984
TIMES PUBLISHING COMPANY Lrgal 7-6071
P.O.BOX 370 PHONE(503)684-0360 Notice
BEAVERTON,OREGON 97075ECIUIMl1
Legal Notice Advertising
JUL 0 1984
*CITY OF TIGARD ® ® Tearsheet Notic
b`IY OF TIGARD
P.O . ;BOX 23397
� ® ® Duplicate Affidavit
TIGARD, OR 97223
e
AFFIDAVIT OF PUBLICATION
STATE OF OREGON,
COUNTY OF WASHINGTON, ?ss.
'Susan Pinkley
being first duly sworn, depose and sa that I a�n ® Advertising
Director,or his principal clerk, of the Ig Imes
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
_ Y. rti01171C1Z�iIppni a1 Meeting
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:
July 26, 1984 .
Subscribed an®rneforem 1994
Notary Public for Oregon
My Commission 7Expis,: 3-16-87
AFFIDAVIT
Y. 7 3xT FST . i L
�;1?�5�4'-.�ltAv�csue,y�Tq€��VZi`a�`f��3yys�esgor[�t9�2��Vp'�;}.�Yf�ox'hy,Y@.�yswgtlya�rpa��3l�i
' } �iw��dtliJ..yyRryrydl SBggliSLa+ry
� �+Cpd1~�4s�Tcettt�t#`�6t#s�Ed��i a
` e $�,,�`; �e/ eFI�#4sf�1Si�,tI3zt5' [ifa
AGENDA ITEM #k VISITOR'S AGENDA DATE —
(Limited to 2 minutes or less, please)
Please sign on the appropriate sheet for listed agenda items. The Council
swishes to hear from you .on other issues not on the agenda, but gime may
require that we schedule your items for a future agenda. Please contact the
City Administrator as to agenda scheduling. Thank you.
NAME, ADDRESS AFFILIATION ITEM DESCRIPTION
MEMORANDUM
CITY OF TIGARD, OREGON
TO: Mayor and City Council July, 26, 1984
FROM: Lor®en"Wilson, Deputy Recorder
SUBJECT: Ordinance No. 84-46
please bring your material from the 7-23-$4 Council meeting for this item.
lw/1822A
4
Norm
F
l '
i
CITY OF-TIG ARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
i
AGENDA OF: July 30, 1984 AGENDA ITEM #: °
i
i,
DATE SUBMITTED: July 26, 1984 PREVIOUS ACTION: C
i -
ISSUE/AGENDA TITLE: Codes
REQUESTED BY: Codes Enforcement
Enforcement Q
Committee
DEPARTMENT HEAD OK- r+ CITY ADMINISTRATOR:
INFORMATION SUMMARY
The Codes Enforcement Committee has prepared a report on the City's codes
enforcement program. A discussion should be held with the Building Division
to give direction as to what priority each code has and how the code should be g'
enforced. The staff is also looking for direction on which codes need
modification or elimination.
P
J
k,
ALTERNATIVES CONSIDERED
e
k
°
SUGGESTED ACTION
Conduct a discussion with the Building Division and choose the level of codes
enforcement which the Building Division should comply with.
lw/1822A
F. .
�yy
f
p
MEMORANDUM
CITY OF TIGrSRD, OREGON
r
TO: Members of the City Council July 26, 1984
FROM: William A. Monahan, Director of Planning & Development
SUBJECT: Codes Enforcement Report
In July, 1983, a codes enforcement committee was established to discuss
problems in .,codes enforcement and recommend any changes that are necessary.
The Committee was originally comprised of a cross section of employees
representing the Building Division, Engineering, Finance and Records,-, Police,
and Planning. First the Committee identified the various areas of codes
enforcement. It then identified the areas of responsibility associated with
enforcement, problems, costs,, and ;priority. The Committee then broke the
areas down :to identify what procedures must be followed under each of the
possible levels of service.
The Committee report, which is attached, raises °a number of questions.
However, the main issue is given limited resources, how should the Building
Division personnel allocate time to the code enforcement with the knowledge
that sufficient time to fully enforce all existing codes is not available.
Following the introduction and worksheets, you will find a table (Table A)
showing the Committee estimates of time needed to perform the codes ~
enforcement functions at the three possible levels of service. The Council
should compare this table to Table B which shows the present allocation of
Building Division time.
_ Finally, ,the summary raises questions concerning the report, perceptions on
priorities, and need for further action. Both the Building Official and
Building Inspector will be present at the meeting to discuss the codes
enforcement problems of the City and get direction from you as to how to
proceed and which level of codes enforcement to attain.
WAM:lw/1822A
3
CODE ENFORCEMENT COMMITTEE REPORT
CONTENTS:
Introduction
Section 1. identification of Code Enforcement
a. 'Assigned Responsibility
b. Enforcement Problems
C. Priority
Section 2. Enforcement Procedures
a. ' Levels of Enforcement
b. Personnel Involved
Section '3. Estimated Time (Man Hours/Year)
Summary
�T
MEMBERS:
Brad Roast - Chairman
Bill Monahan
Billie Rawlings
Loreen Wilson
MEMO
,x
INTRODUCTION
The issue of "Municipal Code Enforcement" is a problem that continues to
plague the City.
Is there need for 'Code Enforcement? At what priority do the citizens view
it? What value is it to the City? Many other unanswered' questions arise in
' addressing this problem.
This report . does not contain answers to the ;problems, but offers the City
Management information to decide the necessary approach to a viable solution.
The term "Code Enforcement" covers a broad spectrum. In preparing this report
the committee has _attempted to identify' a majority of the items that fall
within this area. The datum contained herein are estimates of time,
responsibility, etc..., involved in enforcement.
i
j
s
u:
ti.
W O
O d 0
p .h.O. G.O G 4
N
QrJ >T a
cl; Q.
~ tv . t+1 of
0
P7 a
in
C9 pp
S3
W w �, f
w {
�.
c+
14
0 O a^Jm
rm+
W �w0 N w r3 d Ns ri w..ai rd w.O m Y
ua ?
rJ a as
en
_ p 's
rn y w
�� t
o
a G
O
L.
bi G
O w
� n
v r+ N rJ
ra g
14
N
O "
r+ Qa '
Gki Ntv
U
A Q G m
O O O ,4. p ca O O N 1
1
co V P. V a U a a V $
Pppf
Ski] C N cn
C! O O
fA
ta
y N FJ o'
� � s
x
S.
{S
p
D�j1
¢2 Q @ M @
p W H
ig
rA
f
5
U
v
Cl)
S b NI
MW tm W W W M W. M S
V
U t
®� 5
a
_ a
c
G
iy
m m u y
eq
9j m
C a
i oo
.moi Rf N is a R tl G O t
i m do ou -0a « c+ oav o
41
F ae°Pi c:3a'4a�"a ms.�°i Aiwawa° �vo`�
im
c v; w
1 a m o14 14 4
to
~
NI
ca �- -
Nto
P
a Q �
' N
o a � �
v N N r
t,-
BUSINESS TAX — 5.04
4
Services At Level #1 (Core Level)
PROCESS C.E.O. CLERICAL
T. RenewalNotices X
(a) Process& Mail X
(b) Late Notices (After 1 mo.)
(c) Warning Notice X
X � .
(d) Citation j
z
2. New Businesses ;
(a) Locate as notice
1. Driving regular building inspect. X _
2 Through publications X
(b) Notify ` X
(c) Warning Notice X
X
HI° (d) Citation .
NOTES: No increase in staffing levels/limit other services.
BUSINESS TAX — 5.04
Services At Level #2 (Limited Services)
PROCESS C.E.O. CLERICAL
1. Renewal Notices X
(a) Process & Mail
(b) Late Notices (After 1 mo.) X
(c) Warning Notice X
X
(d) Citation
2. New Businesses
(a) Locate
1. Periodic canvass of City X t
2. Through publications X
(b) Notify X
(c) Warning Notice %
(d) Citation X
t
s
i"
NOTES: No increase in staffing levels/limit other services.
f
1
i
BUSINESS TAX - 5.04
i
Services At Level #3 (Full Service)
PROCESS C.E.O. - CLERICAL
1. Renewal Notices
(a) Process & Mail X
(b) Late Notices X
(c) 'Warning Notice X'
(d) `;-Citation R
2. New Businesses
(a) -Locate
1. Regular 'Field Trips %
2. Through publications X
(b) Notify X'
(c) Warning Notice X
(d) ,Citation X
3. Contractors (Subs and General)
(a) Contractor list X<
(b) Field trip or regular basis X
(c) Notify X'
(d) Warning X
(e) Citation or'Stop`Work Order
(as ordinance permits) X
NOTES: Additional Staffing
NOXIOUS VEGATION
Services At Level Cpl (Core Level)`
PROCESS C.E.O. CLERICAL
1. 'Traffic View Obstruction X
(a) Verify (FIELD INV.) X X
(b) Locate (ADDRESS, OWNER,'ETC.) X
(c) Mail NoticeX
(d) Cite
2. Extreme Fire HazardsX X
(a) Refer to Fire Department
NOTES:
NOXIOUS VEGATION
Services At Level #2 (Limited,Services)
PROCESS C.E.O. CLERICAL
1. Traffic View Obstruction R
(a) Verify (FIELD INV.) X
X
« : (b) Locate (ADDRESS, OWNER, ETC.) X
(c) Notify (LETTER) X
(d) Warn X
(e) Cite
2. Fire Hazard or Asthetics (Complaints Only) X
(a) Verify (FIELD INV.) X X
(b) Locate (ADDRESS, OWNER, ETC.) X
(c) Notify X X
(d) Notify Fire Department
in extreme cases.
NOTES:
C
}
NOXIOUS VEGATION
Services At Level #3 (Full Service)
PROCESS - C.E.O. CLERICAL
1. Traffic View Obstruction
(a) Locate During Regular Field Investigations X
(b) Locate (ADDRESS, OWNER, ETC.) X X
(c) Notify r X
(d) 'Warn X
(e) Cite X
2. 'Fire Hazard or Asthetics (Complaints Only)
(a) 'Locate During Regular Field Investigations X
(b) Locate (ADDRESS, OWNER, ETC.) X ` X
(c) `Notify X
(d) Warn X'
(e) Cite X
NOTES:
s
HAZARDS
Services At Level #1 (Core Level) Y
PROCESS C.E.O. CLERICAL'
1. Extreme Hazards
(a); Verify X
(b) Locate X X
(c) Notfy 'X
(d)` Warn X k
(e)' Cite
NOTES:
HAZARDS
Services At Level #2 (Limited Services)
k
PROCESS C.E.O. CLERICAL
1. Hazards (Serious but not extreme)
(a) Verify X
(b) Locate X X
CC
(c) Notify X a,X
(d) Warn q
(e) Cite X t,
NOTES: E
6`
HAZARDS
Services At Level #3 (Full Service)
PROCESS C.E.O. CLERICAL
6
1. General Hazards
(a) Locate During Regular Field Investigation X
(b) Locate (OWNER, ADDRESS, ETC.) X X
(c) Notify X i
(d) Warn X f
(e) Cite X ('
�ff
I
NOTES
s
OPEN STORAGE OF JUNK'
Services At Level #1 (Core Level),
PROCESS C.E.O. CLERICAL
1. `Extreme Hazards
(a) VerifyX
(b) Locate X X
(c) Notify X
(d) Warn X
(e) Cite X
NOTES:
OPEN STORAGE OF JUNK
Services At Level #2 (limited Services)
PROCESS C.E.O. CLERICAL
1. Response to Complaints '(*)
(a) >Verify' X
(b) Locate X X
(c) Notify X
(d) Warn X
(e) Cite X
* Hazards, not esthetics
NOTES:
OPEN STORAGE OF JUNK
Services At Level #3 (Full Service)
PROCESS C.E.O. CLERICAL
1. Response to Conditions
(a) Locate During Regular Field Investigation X
(b) Locate (OWNER, ADDRESS, ETC.) X X
(c) Notify X
(d) Warn X
(e) Cite X
NOTES:Gi ,
r
k
E
t
s.
NOISE
' Services At Level #1 (Core Level)
PROCESS C.E.O. CLERICAL
1, ,Eliminate Service.
NOTES:
NOISE
Services At Level #2 (Limited Services)
PROCESS C.E.O. CLERICAL
1. Warning Letter Only X X
no further action.
NOTES:
NOISE
Services At Level #3 (Full Service)
PROCESS C.E.Q. CLERICAL
1. Complaints
(a) Verify R
(b) Locate (OWNER, ADDRESS) X X
(c) Notify X
(d) Warn R
(e) Cite %
Provide proper equipment & training.
Re-write Code.
NOTES:
Ogg
DOG CONTROL
(BARKING)
b Services At Level #1 (Core Level)
PROCESS C.E.O. CLERICAL
1. Complaints to be filed with 'Court Clerk X
NOTES:
* DOG CONTROL
(BARKING)
Services At Level #2 (Limited, Services)
PROCESSC.E.O. CLERICAL'
1. Complaints to be filed with Court Clerk K
a
NOTES:
* DOG CONTROL
(BARKING)
Services At Level #3 (Full Services)
PROCESS C.E.O. CLERICAL
1. Complaints
(a) Locate x
(b) Warn (LETTER) % X
(c) Complaint to be filed with Court Clerk X
by Complainant
j * All other problem to Washington County Animal Control.
NOTES:
3, 3
SIGNS
a
(CURRENT)'
Services At Level #1 (Core Level)
PROCESS C.E.O. CLERICAL
1. As Violations Become Apparent X`
(a) Locate
(b)` Notify X X
(c) Warn X X
(d) Cite R
NOTES:
SIGNS
(CURRENT)
Services At Level #2 (Limited Services)
PROCESS C.E.O. CLERICAL
1. As Violations Become Apparent x
(a) Locate % %
(b) Notify % %
(c) Warn X
_ (d) Cite
NOTES:
SIGNS
(CURRENT)
Services At Level #3 (Full Service)
PROCESS C.E.O. CLERICAL
1. Violations
(a) Locate During Regular Field Investigation R X
(b) Notify
(c) Warn X R
(d) Cite R
NOTES
F 111
SIGNS
(NON-CONFORMING)
Services AtLevel #1 (Core Level)
PROCESS C.E.O. CLERICAL
1. Eliminate
NOTES:
SIGNS
(NON-CONFORMING)
Services At Level #2 (Limited Services)
PROCESS C.E.O. CLERICAL
2. Eliminate
NOTES:
SIGNS
(NON-CONFORMING)
Services At Level #3 (Full Services)
PROCESS C.E.O. CLERICAL
3. (A) Verify
*(1) Size, Heights, Location X X
(2) Date of Construction X X
(3) Date of Annexation X X
(B) Locate (OWNER, ADDRESS) X X
(C) Notify X X
(D) Warn X
(E) Cite
* Will require assistance from other departments, ie, (survey).
NOTES:
SENSITIVE LANDS
Services At Level #1 (Core Level)
PROCESS C.E.O. CLERICAL
1. Action As SituationsArise
(a) Locate %
(b) Notify X X
(c) Warn X
(d) 'Cite R
NOTES:
SENSITIVE LANDS
Services At 'Level #2 (Limited Services)
PROCESS . C.E.O. CLERICAL
2. Action as Situations Arise
(a) Locate X
(b) Notify X X
(c) Warn R
(d) Cite %
NOTES:
SENSITIVE LANDS
Services At Level #3 (Full Service)
PROCESS C.E.O. CLERICAL
1. Action From Regular Field Investigations
(a) Locate R
(b) Notify X %
(e) Warn X
( (d) Cite
NOTES
TEMPORARY USES
Services At: Level #1 (Gore Level)
i
PROCESS C.E.O. CLERICAL
1. Action As Become Aware R
(a) Locate X
(b) Notify X
(c) Warn R
(d) Cite
I
NOTES:
TEMPORARY 'USES
Services At Level #1 (Core Level)
PROCESS C.E.O. CLERICAL
2. As Become Aware X
(a) Locate %
(b) Notify X
(c) Warn %
(d) Cite
NOTES:
TEMPORARY USES
Services At Level #1 (Core Level)
PROCESS C.E.O. CLERICAL
3. As Become Aware R
(a) Locate R
(b) Notify %
(c) Warn X
(d) Cite
NOTES:"
NON-CONFORMING USES
z
Services At Level #1 (Core Level)
PROCESS C.E.O. CLERICAL
1,
C.E.O.C.E,O. for Cite Only
s
5
NOTES:
w�
NON-CONFORMING USES
Services At Level #2 (Limited Services)
PROCESSC.E.O. CLERICAL
1. C.E.O. for Cite Only
X
NOTES:
NON-CONFORMING USES
Services At Level #1 (Full Services)
PROCESS C.E.O. CLERICAL
1. C.E.O. X
(a) Locate X
(b) Notify X
(c) Warn X
(d) Cite
NOTES:
Fg
Table A
Man Hours/Year
Level 2 Level 3
Service Level 1 f- `
CODE C.E.O.' CLERICAL C.E.O. CLERICAL C.E.O. CLERICAL
€:
5 700 1040
20 i
40 60 358
Business Tax
265 150
Noxious Veg. *15 12 *15 12 g
(0) (0)
Hazards
gp 20 80 20 180 20
Junk *20 3
40 3 180 18 i
Noise
15 2 15 2 15 4
(0)
6
2 20 4
Dog Control 6
Z .
9
120 12 378 40
Sign(Current) 120 6
kj
® 0 1400 240
Sign(Non—Conform•) 0 0
Sens. Land
- 46 5
s 20 4 20 4
c
Temp. Uses 16
4 16 4 46 5 -
6 2 20 4
Non Conform. Uses 6
2 f
5 40 5 80 10
Home Occupancy 40
Misc. 40
54 60 75 300 105
418 614 478 841 3288 1305
TOTALS (465) (492) (1158)
.-j' * Eliminate or mail only notification to owner.
,- Table B
a
Man Hours/Year
(Building Inspector)
Building Code Enforcement (Level 2)
C.E.O. B.O. CLERICAL
Field Inspector 900 325
Plan'Reveiws 125 775
Telephone Contact 200 275 600
Public Contact 100 150 300
Permit Issuance 50 100
Correspondence 100 75 15
Filing 250
Records 100 75 250
Typing 250
Code Research 125 125
Misc. (Building Code Related) 250 -250 250
Total 1950 1950 1915
F,_
}
SUMMARY
It is evident there is a -need for Code Enforcement. Dependingupon' the
situation and/or person(s) involved dictates the level of importance, listed
below` are the priorities as believed to be perceived by, City' Council,
Citizens, and Committee.
City Council
1. Sign Code (Current) _
2. Sensitive Lands
3. Hazards, Junk, Noxious Vegetation
4. Business Tax
5. Noise, Dog Control, Temporary Uses t
6. Signs (Non-Conforming)
5 �
Citizens
3
o
1. Noxious Vegetation, Hazards, Junk
2. Home Occupation
3. Noise, Dog Control t
4. Business Tax
5. Temporary Uses, _ Sensitive Lands, Signs (Current), Sign
M (Non-Conforming)
Committee
s
1. Noxious Vegetation, Hazards, Junk
2. Business Tax
3. Sensitive Lands
4. Signs (Current)
5. Temporary Uses, Non Conforming Uses
6. Noise, Dog Control
7. Signs (Non-Conforming)
t
I
In order for there to be some form of organized procedures in dealing with the !'
problem, there must be a S.O.P. to follow. In closing, the committee is
looking for direction by the Council by posing the following questions.
i
1. What Code Enforcement issues have top priority? @
2., At what service level will Code Enforcement be performed?
3. Will the personnel be provided for the ,level determined? €
4. What complaints are to take priority? (Citizens?, Council?,
Management?)
5. Can the Ordinance be rewritten to allow for enforcement?
6. Are Some Ordinancestobe eliminated to allow for time to enforce
others?
CITY OF TIGARD, 'OREGON
w,
COUNCIL AGENDA ITEM SUMMARY
AGENDA OF: July 30, 1984 AGENDA ITEM #:
DATE SUBMITTED: July 26, 1984 PREVIOUS ACTION:
ISSUE/AGENDA TITLE: Political
Sign Discussion REQUESTED BY: Councilor Scott
DEPARTMENT HEAD OK: CITY ADMINISTRATOR:
INFORMATION SUMMARY
During the May election season, some concern was raised by the Council
concerning the adequacy of our Sign Code as it relates to Political Signs. We
presently require no deposit when a candidate places signs throughout the.
community. We rely on the provisions of the code which are spelled out in
d Section 18.114.060 °B and C of the Community Development Code which require:
(1) that the sign is on private property, not in the right-of-way; (2) that no
" parcel has more than 6 square feet of such signs; (3) that signs on a_parcel
be at least fifty feet apart; and (4) such signs shall be removed within ten
days of the election.
Your discussion will follow our review of code enforcement in general.
Enforcement of this portion of the code within existing resources should be
discussed in relation to the Council's codes enforcement priorities.
ALTERNATIVES CONSIDERED
SUGGESTED ACTION
The Council should discuss the adequacy of the existing code provisions and
determine if staff should prepare language modifying the code.
lw/1822A
MEMORANDUM
CITY OF TIGARD, OREGON
TO: Members of the City Council July 26, 1984
FROM: William A. Monahan, Director of Planning & Development
SUBJECT: Political SignDiscussion
During the recent election some issues were raised concerning the adequacy of
our sign code as it relates to political signs. The Council suggested that a
discussion be held prior to future elections. Attached is a copy of the code
provisions which relates to political signs for your review.
Political signs as defined by the code are any signs which promote or oppose a
candidate or measure in a specific election. Such signs are exempt from sign
permits, however, they must comply with regulations of Chapter 18.114 ,of the
code. The signs must comply with the following ;as described in 18.114.060 B
and C.
"l. The sign shall be erected on private property with the
consent of the lawful possessor of the property and shall not be
placed on utility poles or in the public right-of-way.
"2. The total area of signage per parcel shall not exceed 6
square feet in single family residential, 12 square feet in
multifamily zones, 15 square feet in C-N zoning districts, and 70
square feet in other zoning districts, regardless of the number of
signs.
"3. At least one sign shall be permitted per parcel of land;
additional signs on such parcel shall be spaced at least 50 feet
apart in residential zoning ' districts and 30 feet apart in
nonresidential zoning districts.
"C. Signs exempt from permit requirements under Subsection (A)(1)
and (3-5) shall be removed within 10 days from the end of the
event displayed."
These code provisions, adopted in November, 1983, are identical to those found
in TMC Section 16.12.050, adopted in April, 1983. The 1983 TMC provisions,
and an earlier 1982 revision, modified a 1971 section of the Code which
provided in section 401 for a bond to cover removal of the signs. There was
some discussion in the spring about adopting new language to reinstate a
deposit feet. . Should you wish to do this, we can use the prior language as a
model. It reads:
Page 2
Political Signs Memo
July 26, 1984
i
"(2) Political Signs. Signs relating to the nomination or !
election af'any individual for a political office or advocacy of any measure r
to be'voted upon at any special or general election shall be allowed under the
following conditions:
(a) Such signs shall a temporary in nature and shall be removed
within ten (10) days after the election. t.
(b) Any such sign to be placed in a residential zone shall not F
exceed an area of twelve (12) square feet. $
(c) Except for outdoor advertising signs, any such sign to be ¢
placed in a non-residential zone shall not exceed as area of
thirty-two (32) square feet.
(d) Any person ;placing such signs shall file a map, showing the ;
locations of such signs, with the City Recorder prior to the
erection z maintenance of such signs, shall sign a removal h
agreement covering these provisions and shall file a one hundred
dollar ($100) band or one hundred dollars ($100) in cash with an
agreement acceptable to the City Attorney, refund conditioned upon
guaranteeing removal of the signs within the time specified. Such IFI
agreement and bond shall further provide that all such signs shall
be properly maintained as required by Section 409 of this
ordinance."
R.
WAM:lw/1822A
m
F
fi
MEMORANDUM
CITY OF TIGARD OREGON
TO: Mayor & City Council July 26, 1984
FROM: Loreen Wilson, Deputy Recorder
SUBJECT: LID Policy Discussion
Please bring your material for this agenda item from your packet of 7-16-84. '
lw/1822A
RECEIVED 2-Z3
FEB 2 4
CITY OF TIGARD011
0
alp—
e
KME
t d ,
FEB 24 1964 John A. Butler
TIG481) 97-S0 S .-AT. amara
T-igard, OR 97223
Tigard City Council 17 February 1984
Tigard City Staff
Tigard City Hall
Tigard, OR 97223
Regard n;: January 15. 1984 Local improvement District Policy
and Procedure _Renort
?ear Council and Staff,
As you know I have "been involved in trying to modify Tigard 's
Local I,mproment ' istrict(LIT,,) code since 1981<. I was happy to
see the above draft come out of city hall. 'that follows are some
comments and suggested changes to the proposed policy.
KEY ADMINISTRATIVE ACTIONS(p2)
( 0.3,3 „emergency situations" g y
.•gnat are these emer.�enc� sit-
ua.tions, who determines them, and what are their specific
criteria. Specifics are necessary to deter any arbitrary
judgements,
FINDINGS(P7)
1. 1.3 change, "The petition to "The initiatinF, petition" .
This term will differenciate between a general interest and
f
a positive interest,
KEY ADIVIINISTRATIVE ACTIORTS(p8)
1.3.2 change to read, "The initial interest petition shall
indicate only an interest in possibly forming an LI7,; however, ;
the petitioner will be responsible For obtaining names, ad- x
dresses, and legals of those intended to be included in the
LIP_ . " At present, developers provide this information to E
the city to save time and expense. Also, a preapplication {
conferance would be in order before a petition is circula-
ted to ensure logical LID boundries.
E
L
1.3.3 change to read., "An LI-. inforrriational meeting with all
affected: property owners shall be held with staff. At this
me e t ingapproximate- costs, procedures, etc. for similar LIDs
✓
will' be discussed. The initial interest -petition will be
updated with those etpressin;�; a,_Posit ve_interest. "
1.3.4 add , "After staff meets with the Property owners and
sufficient positive interest is Filed," This wording; is
changed to reflect Initiation Policy 1. 2. 1 where property
owners holding more than fifty percent of the property must
be interested in proceeding before committing more city time
and money. Alternatives can be available here in cast all
propertyowners can not be present at the informal meeting.
1�o:rmal letters could be used to property owners with a
response card enclosed to be returned; however, some means
should be used to ensure that more -than fifty percent want
the LID to continue. t,
1.3. 5 add (f)fynot enough positive interest
I14PLEMENTA`PIONTRATE"JE'S(pB)
Add two new strategies;
Person(s) _im lementiTj an LI'-' interest Petition shall es-
tablish locical prelimena,ir boundries after counsel with
city staff. Petitioners__will obtain names: addresses, and
leals once titions.`i
4A neva or updatedpetition will be obtained
ae
showing the actual positive interest in continuing the 1jD
;p -
4iEY AI)PUNISTRATIVE ACTIONS(p12)
2.3.3 add (-)OPassible Bancroft debt load of. this LID and
its affect on the cites calculated limit in (a) .�
2.3.4 'she percentage of owners and property who are proponents"
FORMATION POLICY(P15)
3.2.2 add "Property owners shall have at least 10 days
written notice prior to the public hearings--- Plot all
people read a local newspaper. It is only fair to let them
know of a public hearing.
4 T
G
}
3.2.3 change to` read, "If `remonstrances are received total
l ., ing more than two thirds of the area, council shall be
barred from continuing the ?STD for_six months unless a
verifiable 'eT( r&enc _ situation exists. '"
INTPLEMIENTATI_ON STRATEGIES(P15)
3.4.2 add "Staff will prepare a form letter to be used if �
, rolaert owners want
'to waive or submit their remonstrance,
thereby saving time in the process. " €
3.4.3 I have looked through all the city documents at my
disposal and I cannot find a written policy on non-remon-
strance. Is it legal to ask a; property owner and; anyone 5
that ohms his land after him to sign away remonstrance
rights?????? =a
r
TABLES 1 AND 2(p5 and o)
F..
I left these for last for an overview. .
I. INITIATION(ADD TO EACH SECTION)
Citizens/Pro ert Owners-Positive interest indication
Key Administrative Actions-Staff's Preliminary Evaluation rt
of positive interest
Documents-Updated LID positive interest petition
R
In closing, I wish to express my appreciation for this
opportunity to comment on Tigard's future LID policy. PA=Y
greatest desire is to make it fair to both the city and
property owner without causing a financial burden on either.
Please, enter this letter into the public record on this
issue and ensure that it continues with this record if this
policy is reviewed by any other public bodies(CCI etc. ) . Thank
you.
t
RESPECTFULLY, �.
N TO: Honorable Mayor and City Council ,
City of Tigard
County; of Washington
State of Oregon
In the Matter of the Improvement )
of Lands Described as: } PETITION
)
(1) Petitioners hereby request that the City Council of the City of
Tigard, Oregon, investigate the feasibility of creation of a
Local Improvement District (an assessment district)for the pur-
pose of installation of:
I
(2) Generally, the area proposige'reby to be improved is identified
as:
i
(3) _ The uridersigned is the owner(s) or the contract purchaser(s) of
the indicated property(s):
Map & Tax Lot # Deed Book
Signature Address Phone of a ec a propertyage
t
!`f
k
NOTE: L.I.D. Procedure is outlined on the reverse side hereof.
U4 $11
41
U. 94u a ua m &A
a. •-+
0 o
^Ae O ..O�a 0
�o o
092
`a si
u
® tf e.4 .F4 a p 43 f'•4
o _ � ora � � a 092 sai � � o'o
,0
4e W
43 to 93 0 4D IS
94
pwAe^ao d to
w a ca
a A � ® ® 9 �.a+ ®-4 94 0 � rA1� 40<
Po a Gat 4m N to_`O od 4b4 Gi d 5, t+ Om
a
V
a �
J4 .4_ 14r4 to
� 4a
94
-0 -4.0 ® 94 o 4g
a .� p
AJ 93 a M u 0-4
v a
-4 Le &moi
GS hie CL tie M 4w G3 gw P!A
Aelo
O ® y3 O 39 4d
o
Aj
0@ 0
4ui oP. ,a
p v-4 A. r1 te4r4 si .0, �et
-
42
°q w . .� 0 m® W Ra
m o : A +s
-
o os4 wa mo a4 to -4 104 t
06-4 -4 0 � A o a a ti
w a3 m + O o ua od ro '7 a � dO. 43
0 0 PA CIO
`A
63, _Qd • a .03 40 0 �
® k a a o A .o
xt... S• v a d t3o b a _®d me..a ®
� ® m . D
-v- O � �
N pa a .'` W� Lie a94W A tdtwo44A. i � : ® ae4
t+ t3 W.4A
•49 4+
O to0 0 4<i O O O .0 r4 4Z�A. .04 'O
. - L. o a A< 43 �, to o 4t4.a 0 A �, of o d o 0• Ad
a+
OV O O .4 � .4.-0' r%
t
f-4 M O d_ra. ® CA A P4 R < tU0y' 93.1 R3
43 W
a s O tae
a 0 .4 A 0 q.+ 0 04 Of .w O
' to g V � Ao o e1010 OJ., 4w
v
m o ora to $3 6h W � A 45a .£9 4a 4d 4 :4 44 rm W•43 �a O on � o0 44
m o Li...a a4 t3 d d to so 44 ALI is .43 RAY
ti .r_ -4 At.93 ao G1e 43 A 4ea 93 a 60 Q O t» W o® o .0 rt 47..+_60 V.-C O
.re A 604S 4'+.Pei Q C. 94 d 44-0-tx a •14
W .� .ac-4� -44 r4 4 os2 o0 0-4 0 a M ..4 � 0A'�a.-4 «e U
.++ SA 83 CS w+ Si •.4 i°. -4 O 4.f 69 A w 10 S3 to g3 O 0 0
V-4
� twn..f d -4'A -4 r4..4 r4 4fl 0 f0 p ..4 0 d .w �«� a.7 49 � t•f
O A d RD 03 'Sf M Ae .y, VS d d d 0 Oe A a N a > to r4 r4_. O O Ar 0
L� a 0 da..a..a3 y 4D d: 0 O � as a V (a � al M to O e-t 0r4 -a am rA Ig r4
40 IA
N W Pe .�-ai 444 ow,0 o•8 �a q dC a i2a ..� a -P ® 48 f& 6e
e9 �3 a d A to .to d .0 0 V cA .O 0 d
� ss s✓ rs �.. � o•e a.s� ae•.o..o ae. +w w so ai v v r v
N94
j 3 3D® .tea CS 92 �
A
..e f-4 O d
y, 0 O
A � a C CS?
8 47
-4 TA..e CD
.0
O d 6°]e
r4 Aj
\ N4H e!i
to
Du d rel
Q
F4 taa
8
r
POLICY STAGES
0 GENERAL POLICY-INTENT
1. INITIATION
2. FEASIBILITY
3. FORMATION
4. IMPROVEMENT
5. ASSESSMENT
6. - FINANCE AND CLOSURE
STAGE OUTLINE
4. IMPLEMENTATION STRATEGIES
3. ADM. ACTION
2. POLICY
1. FINDINGS
0 POLICY INTENT
t, .
t
LOCAL IMPROVEMENT DISTRICT
POLICY AND PROCEDURE REPORT
JANUARY 16, 1984
ORA FT FOR DISCUSSION CIIYOFT1
PURPOSES ONLY
ovc (sl Yd 1)
mt tL, n Lai
AnprdC,
-
i rlr°f��°i►[°t+l+i+[°lr,ra��r`r rtr[egr rlrtrrr °!+[rT�rTrPTP (i'3"1 113 i+ t s� 11° lir t!1 oi+ + n.l I f I r - - -_ — — - -
NOT16
IHIS MICROFILMED --- .._.._ .i 2 I 3 � 1 ' � �. S� �. �.__6 [ � I►� � t ( i. 111[r11�1!°[111 +13i!13�riz�rlr�rir[rir rla�rirlrir[rlrJrirtrlr[yr[Hil , _.. _..,. :; .'
DRAWING IS -- _ _ _ 7 8 9 Q .!! _..-... 12
LESS CLEAR THAN
THIS NOTICE. IT IS DUE TO
TFE QUALITY OF TIE ORIGINAL
DRAWING.
OrE 6Z 8Z LZ 9Z SZ 4Z EZ ZZ iZ OZ Bi 91 Li 91 51' 41 E1 ZI -rl 01 6 8 L g- sb.-__e_ __Z Ind"' F
iNiilllllNN61r1[�H�t�HItEIN�NN�I1l1( f! 1....�o1f -
YMARCH 17 1990
..l
I. INITIATION II. FEASIBILITY III. FORMATION IV. IMPROVEMENT V. ASSESSMENT VI. FINANCE AND CLDSURE
Citizgemmone trances co ens/ Indication of May have to Opportunity to file Remain in contact Opportunity to Pay a.sea.ment to
pay fee for the with Staff object to the
Property Interest sash or arrange to
Owners Informal MeetingPreliminary Begin to arrange sprecding of..eeec-
Engineer's Report the Districts of financing menta in writingPay in ...enlmen[e
with Scoff the District .Pay aesea.ment
as billed
1
1 °
. Prepare the Pre- Prepare Final Plan Prepare notices
Publish sad mail Prepare bond
Staff . Informal Meeting 1lmrnary Eaglaeer'a a.ti... and Specs for the spreading prospectus
Re ort .Sid Process of aasosamenta p
with property --!'— . Finalize the Bond Sale
.Send status letter Manse the Publlah and
owners Preliminary R LSea Docket
. LID Interest to property owera construction sand aotEcea
Petition and appropriate NPO Engineer's Report
when necessary Prepare the Final
Report
'Admini¢tretiv Preliminary treleasing
Contract
.ons Evaluation • Priority Ranking Arrange for Resolution by Board
Report by by Staff the Local Preparing the
�_ y notification the Contract Review proposed assess- s bids
S[aFf and for the nds by
Public Hearing Board to Award �OCB tion
the Contract '
Resolution g
14y Decision Resolution Ordinance
of Intent and Re¢olution
Directing Staff i to Form [M1e s and
setting the date Accepting Ordinance spreading
Prepare the District ng liens
Praliminar for the Public the the assessments
y Nearing Final Report benefitedFaglneer's Report p ies
Document.
L
ID
Interest Preliminary .Notices na ane Pecs
ltfoa Engineer•.Report pinallze the - Baa. Award• Contrac Notices
Bondctus
Draft Coasts.Contract Ordinance Spreading Resp utionProspAccepting
liminary Preliminary 6esolutfom Acce [in Report Status Letter Engineer's Report �Flnalort the Assessments Bid¢for bondsp g
olution Reaolutlon of .Ordinance Porming n Aeeeptln Lien Docket
Intent ae pay he
_ .-n.. K ..........�. —..._ ,.�:..,;,.,..,...... aa ! E m fit 7 Ft
I ,111fi4P1111�fill 1.111°1°11��1i41 d'i4�1111�111111il11 l,Ifr�Y �1 1��°f}.1't 1-p rip�I.4�IIf lti�ll!If1,q RI {I9'Ig Ii'14i 14ill�i I17-171f I hf°il IIIIal°-i1 f�11° Ifl 111 111 ail ajr F91 i. s
`T 1 f' ) I I I f t
NOTE: IF THIS MICROFILMED �.._._ _._... ..I 2 _ 3 4 _.- _ $ -
DRAWING IS LESS CLEAR THAN '
THIS NOTICE, IT IS DUE TO
THE QUALITY OF TFE ORIGINAL
DRAWING.
OFFE 6Z 82 LZ 9Z SZ OZ EZ ZZ IZ OZ 61 81
rNiDllllfllil�llllfllll�a111f11H1NUfill�Iflt�. i) _MARUM 7' '
....1_...tt1S
_ Ii091W11
19V
r
-
y�
x
30-028MMYROMM81OEM RISE=
i
TABLEOFCONTENTS
Executive Summary
introduction '
p. General Policy Intent
W.
a
1. Initiation
2. Feasibility
3. Formation
i
4. Improvement
4 ,
5. Assessment ..
E
6. Finance and Closure E
Appendix
LIST OF TABLES �}
Pa e
Table 1
Table 2 6
20
Table 3
3
LOCAL IMPROVEMENT ; DISTRICT
POLICY ` AND PROCEDURE REPORT
The city;should efficiently and effectively process proposed and established
LID projects by adopting standardized procedures and guidelines, keeping in
mind the needs and interests of current and future users of the service system.
INTRODUCTION
and has 'allowed Local Improvement Districts (LlDtal
alt the City of Tig constructing localized cap
In the ,p purposes of (1) to the owners of
to form for the multiple ,s standards, (2) providing
the costs through ; special
improvement_,projects to the city is better able
the benefited property a method for financing
controlling the construction so theuirements and process
assessments, and (3) system* The mandated req
to operate and maintain theethe city for the entire process are listed below:
guidelines currently used by
o QRS 223
,005-223.020: ' Condemnation for City improvements; Special
Procedureal Condemnation Proceedings Bancroft
o ORS 223.105: Hunicip Improvements in Cities
o ORS
223.205-223.295: Financing
Bonding Act) Improvements
® ORS 223.387-223
Reassessment°r Local Imp Liens and Collecting
a ORS 2223.50 223 Methods of Enforcing
o ORS 223.505-223.650: Rebonding;
Assessments Financing of City Improvements;
223.705: Cit Liens;
o ORS Type of Bonds Accepted is Payment of Y
Reinstatement;
Assessment of Public Property Discount; Terms of
Borrowing and Bonds of Local Government
o ORS 287• Bonds; Interest;
-o ,:ORS 288°520: .;Public Body Issuing
Redemption; Maximum interest Rate €or State Bonds
o Tmc Chapter 13: Local Improvements
{ o Local Contract Review Board Rules requirements The
are basic minimum req and in
illation hies,
Some of these sections of leg of differences across
state statutes provide for a wide range differ across LID°s withina city-
state
the application of policies may or may not be present
many due to the many variables which may
This is partially and partly due to vague policies which allow flexibility
any proposed project,
in the process-
osition where some policies can and should become cash
The city is now in a pproject control,design.
specific.
Problems in the areas of project a study of these policies and
flow, and citizen involvement have led to promote desired
The goal of this effort is to estawhich swill i p ve and efficient
procedures- procedures for the city 's future fiscal
LID policies and p protection
of the city
development and also ensure the
resources. Policy, the €irst
organized into seven sections specifor ic to anyoneas Of stage of the
This report is org issues which are not process
covering basic policy
sections are for the six "stages" o€ the folic area,
process. The remaining within the P Y Next
area and current practices.
Each section is introduced with the intent
olicyf the city
followed by a brief narrative an the P facts and statements on what sometimes
is a listing of "Findings , includingsimilar
gard or in other cities with
ministrative Actions"•
occurs either in Ti
"Policy" statements are then given along with "Rey
which complete the section, further define the
*,Implementation Strategies", proposed.
the policy as
policy and give a plan or direction for administering
PAGE 1
LID POLICY AND PROCEDURES -- DRAFT (1/11/84)
�i
s
i
t
a
i_
Y _
0. 'LID GENERA: POLICY INTENT
0.0 LID GENERAL POLICY INTENTthe city should efficiently and
effectively process proposed •and established LID projects by adopting
` standardized procedures and guidelines, keeping in mind the needs and
interests of current and future users of the service system.
The LID process begins with a need for a 'local capital improvement. If a
project is constructed the process does not end until ten or more years later
when all ;finances are cleared. The efficient administration of the process
depends upon the timely coordination of many activities and people.
Effectiveness includes both the quality and "smoothness" of the process and is
provided,by a just and reasonable review of proposed projects, by constructing
the improvement according to previously accepted standards, by carefully
documenting the process, and by insuring the protection of both the city's'
future fiscal resources and future citizens. Effectiveness is more concerned
with minimizing the long-term costs for operating, maintaining, and, replacing
the system, and the involvement of the various people. The successful
completion of a'project depends upon the cooperation of the current and future
owners of the benefited property. The city intends to maximize citizen input
at the right times in the decision making process, balancing it with the
long-term needs of the community.
0.1 FINDINGS
0.1.1 it is to the city's advantage to facilitate the process by
controlling<the ,types and quality of the improvements.
fi
0.1.2 In the past, public use of private facilities has been a problem
for the city. Similar problems exist with private reimbursement
contracts for private construction of public-facilities°
0.1.3 The timing of both construction and bond sales is critical,
therefore control by minimizing delays is needed in addition to
minimizing decision points and requirements.
0.1.4 Decisions are sometimes delayed due to the lack bf some required
information, thereby causing inefficiencies in the use of
Council's time and inconveniences by delaying actual
construction into the late fall and winter months.
0.1.5 Inconsistencies due to delayed decisions or misunderstandings
have tended to increase conflicts in a process which needs
consensus building.
0.1.6 Policy indecision at any one point in the process, leads to the
development of dual or multiple policy proposals, creating
inefficiencies due to increased staff time, increased
vulnerability for Council, and confusion for the citizens
involved.
0.1.7 It is very important that the city keep the files and documents
current at each step in the process.
LID POLICY AND PROCEDURES -- DRAFT (1/11/84) PAGE 2
G
0.1.8 The ORS requires at least one public 'hearing with notices during
the normal process and two opportunities to object; the first is
on the 'formation of the district, ; and the second is on the
spreading of the assessments.
c
0.1.9 Informal meetings with property owners at various times during
the process have been beneficial. e
0.2 LID GENERAL POLICY
0.2.1 THE CITY SHALL ADOPT A SET OF POLICIES WHICH CLEARLY REQUIRE �
CERTAIN KEY DECISIONS BY COUNCIL AT .SPECIFIC POINTS IN THE < ;
PROCESS, 'THEREBY INCREASING THE EFFICIENCY OF THE PROCESS.
0.2.2 THE CITY SMALL REQUIRE CERTAIN DOCUMENTS DURING EACH STAGE IN &
PREPARATION OF THE KEY DECISION, THE MINIMIUM BEING THAT MANDATED
IN THE QRS.
0.2.3 THE CITY'S POLICIES SHALL CONSIDER THE LONG TERM INTERESTS OF �
THE COMMUNITY, AND DECISIONS CONTRARY TO ADOPTED POLICY SHALL q
DEPEND UPON COUNCIL CHANGING ADOPTED POLICIES AND STANDARDS.
0.3 KEY ADMINISTRATIVE ACTIONS
0.3.1 For each stage of the process a single person will be
responsible for coordinating activities and monitoring ; the :
{ process.
0.3.2 If conditions in a specific proposed project or district are
unusual, staff shall advise Council of the circt;mstances, the
potential impacts and how these relate to policies and past
practices. a
0.3.3 Except in emergency situations, staff will attempt to increase
the common understanding of the process by disseminating
materials and letters, and by attending informal meetings.
�r
0.4 IMPLEMENTATION STRATEGIES
0.4.1 The LID process will be outlined as consisting of a series of
stages, each of which requires a key decision which must be made
before proceeding to the next stage. The stages and the key
decisions are shown in Table 1.
0.4.2 An outline of the normal process showing the required actions
and reports for each stage shall be a guide for monitoring the
process of each LID. The major requirements for each stage as
proposed in this report are shown in Table 2. This same
information in the form of a flow chart is given on each of the
remaining divider pages.
LID POLICY AND 'PROCEDURES -- DRAFT (1/11/84) PAGE 3
w
- � t
-C,
t* 0.4.3 One person will be designated as' having lead resPordinatRng the
for
coo
f or
each stage which includes responsiTocess, and preparing status
various activities, monitoring the p
reports. The department which will have the lead responsibility � -
�
is "shown ®n Table 1.
s_
PAGE 4
LID POLICY AND PROCEDURES -- DRAFT (1111/84)
s.
f
}
f
20
61 Re
92 04
t*....4� eid
d � 0 .d G d
e+ gt
44
W ms 0.04 94 G ® 4 W -
k ,
@ 'L9 0a ® ffi G4 c" &-' W Mtp 93 to
U rd
E O 4 O 0
13
wWe @ r A •4^«S : �.� «4i p 404 a $
4 41 OR to �. C9 e14 C, � e9 $r Ria �
d
Aq
f
@o' 4 O .. V 4 4 ,.44
r4 r4 r4 r4
95
°� Os SM Os �4 to Y
O CA 0
t
IA
is co 44
r4 ® W 4J 4 4 Co ta W 1D r4
a O _.B4.0
-4 0
O &4 4 a .83 03 csO 95 y � ems+ � O 44 cj
O 4 r
6®i R4 en O 4=e °� 4e3 .s1 p 0®a 6ma 40
.p. A 64 W �- �. ..__ �.0.� 4- Rk 04 W CB O. 4 � � �b
_ 614 dS W to B+ d.1 07 W 0 63 93 e:
. ® W .O eg 4 O
.1a• •,tit em
63 ®. w_.is p d�1. 62 O 'O 0
14
44 9j R14..-.5.0r4 a a as R 4
eo w4+ eta 4d d e d] d 44 00 O .'1'_ O O W Qt
W 4-� W �. d1 4A4 B+ 4 434.® �.1 4
Aj PS O .04 9 Go R04 �W UW a4945 4D
4 R91a W R$ 4 4 0 4 4 81 43A Sit 4. N. _
@ aOS wA -01W i4 P3 4 m.r4 '89 P4 O 43 Oe q R3 04 R14 O`v wa O
mo 's! -93_� m .4w ® 0 . O ..10 O 0 .0 -a 4" 4
w ® IA
to G@4 9 e1 ea 9 93 w s .4 ® X 44 4Q4 as U Q44 40 0 0 .0 60 44
- 4 04 m4 d1 R9 m 4o 4 4) -
..4.. =-0 aes R1. d' 4 60 93 W 40.4 O.�_� : sa d c'.4a 43 92 0 -4
g0 ". mma -4-4.4 �d .p4e � 63 � @A.4.4 o 63 W ..4a 4 CO' -4 .ai 4 ) 0.4)qqo ..4 �' Q
O0 Ay� a ..4+ 'o w44 r4-4 4� W V � .� �� w�a �.404 ei � •W 49
- .. 0 - w�4 .4�2 0 ��.
0 ccbn 420 id ej4 R �1 :d V 0 9 4�-a 'if w 4S G---—
e g ..a A 4 4D 4 :� W W R14 64 O ® A O 63 4 m O -
g,,, woeta d Ds+. O o.� ad R64 td c3 R'a4 +► W .41 ce m O e9 68 84
6.3C)
4� A U .0 4 4 Ss gA
�. .ee w e✓ v a.s +s..s v w.o,o e✓�.' ..r w oe as v v v o„o
4294 91
4 4
.ra O V 4�
93 ri
O
M
04
N N N
LSD POLICY AND PROCEDURES -- DRAFT (1/11,/84) PAGE 5
d
m ;y
V y
@@ p0. n.N e•i V R G 2@
as a.ad @ ®G0 O Q
i O (bq�.R
Q b n R b Y a O tl y Oa O N a
$ yHR.;eRe ffi!0A'1..�ee a.brop! .OGp NRRe1l.Oad Ny ° G
el G
p . @ ?
OO3 b 0 4ntl9
A
_
93 0
s
Na:@N n ytlG'1s v1.r RRRrO
a 6s y y $
61 W {19- o V ea&la M F.m b
?
1
an O
� b 0 00 .
ea RO
cs
NO a 9 p _� w
V
R �d n N n
a 0 to
.a
.On ,Wy d w M O Ms W N Ee C&
a d ®W a aa �a oma' ® y Z L
0
M ° « .aoi,�w a° vim$ aro
n Cp..roy a ? 0A R69 19 cu
C.N d aro wro : O ®
a o O 0 a O
0-0 9. 10.0 to. :. CV .3 ea
W
60
n
n a G r
a d wP yeeboo 0
r
.ero w y id ® tl y.qse M 6S O d a,e O
�p4 M
o R
A0 Oaa ma•V b RAW rN
� n RoRo +R.N.G. nroac , 0.0 mem J -0Rtla
0.
y n 0 N�p�p O m d 0.0 all Ep G 4d4 0A idi b 0 4 w ® O f0+ C 0 O..Ri M R G ® O ® �
•. a 1 b
W O H b - M w 0
�.tlY b .sai dd -. A ..Oe sof and ® C-_W 0Q G
G pp y 10 ROAW @b N 0 Y ® dR Q rPQ �G6 NO
r. W O W PC•ss B+ •.e p�Wy +' ..R. p� ? y..• d3 00"a Q P r O P
C4 W,.Ri 0 0 Be bas a W y Cro G N Q op. .0.5-
.0
®y p p O y b r
" po {� g u
... - 9ak01 •.L.su9M. W Rba.0a0 bb00r
$7 r a ® G O O O P d2 ® ® O
0 n w R FC OJ A w c p b www 0 AC«^ y
W y N ® O y bo
L.
y Sa U d y•9 G R-'—' 0 y G
® dee o+Cb W b '0 ai W 0 P d ® A
.0 b Caq�fC � ®® G R a b n O W® 9. y 64 0.01 0 W N$ ® �C b
O M +y.r. R R:� G 00.R M a Os ®. Ws 0 V.-C
N eal al Cls y r V
® W W 0 W.W R app 03 W Pp w d R G o 0 W G
N M S r�4P9 Ob.sa C��G$.OM .. i 0. R Oe 0No 0.64 P. d
F
• $ 0 a 60 e-i a�
J2 63
Cq a b7y •a P r b y o Ry u
0� Ps►1 rRe y 0 b a-` M S, go. b O JA
b r b
O b ♦i y.e. 0.w ism S N. W a ®® W Fy R Ce O a m
b O. 0 w N 64 JL is G V
V�b ew a a Q P..yse
.. ywVe QR NeqOy yam0i Ned@a kem$i deOW�7 Py�Oiro b�e9 aOg'rOu0+Nap� v qiC�>ro etb+. O.Na dWA P'Ce°Oei bWQQ 600
•G
W iu 11
w0
d o a0. u n R®u ® Qwd or byCs
1r
6.
@Z Tj
P 46
6lmG
W�M V 0 b as O es
.d0f3
� H �
H .�g H in
/ E e;
1.4
M v
H H
i4. PAGE 6
LID POLICY AND PROCEDURES -- DRAFTIl/11/94)
14,
all
1. INITIATION
Citizens/ F. lndirmca.---
Property Owners ---
Staff ---------------------------- Inform
Key Administrative staff's
---- Preliminary
Actions Evaluation
Key Decision ---------------------- Resolution
i
FEASIBILITY
Documents ---------------------- FLI Int. ---
4
1.0 INITIATION POLICY INTENT the city should have a set of eligibility'
requirements for prospective projects and guidelines ,for setting the
parameters.
The key decision for the Initiation Stage is a resolution to --Prepare,
directing staff to prepare the-Preliminary Engineer's Report. For efficiency,;
the information required in this stage must be sufficient for this decision
and also provide adequate guidance for the next stage. For effectiveness, the
process must consider the expectations of the current property ;owners. The
information shared at this point is a foundation for the entire process.--
Currently interest is usually expressed by a petition (a copy is provided in
the; Appendix).. The basic plan is discussed with• staff who then advises the
property owner(s) of city policies and procedures. Staff then meets
informally with the property owners to answer questions on LIOs and on their
proposal. Once there is genera: consensus among staff and property owners to
proceed, the petition is presented to Council by staff for a decision of
whether or not to farther study the proposal.
1.1 FINDINGS
1.1.1 The OPS allows a snide ,range of improvements, providing the city
the authority to decide on eligibility requirements. Section If
of ORS 223.387 states ".any other local improvement for which an
assessment may be made on the property specially benefited".
t 1.1.2 The successful completion of projects depends upon physical,
economic, and political,factors. Some proposals are immediately
known to not be feasible at this point in time.
1.1.3 The petition serves as an indication of general interest to
further study the proposed project, however the language on the
petition may appear to some as being a greater commitment on the
part of the property owner.
1.1. 5 Sometimes the petition is misinterpreted to mean those signing
will support the formation of the district, which is difficult e "
to assume before the district is better defined.
1.1.5 Often the only information a property owner receives is that
given by neighbors which may not be accurate. This sets false
expectations which may later create problems.
1.1.6 The boundaries- of the proposed project follow only general
guidelines, with variations often made depending upon citizen-
interest and political factors. This sometimes slows or stops
the process, and is therefore inefficient.
1.1.7 The NPO or the general citizenry is unaware of the potential
- change. _
IIID PO�.IC1tD PRQCEDt3S -- RIFT (1/11880 PacE 7
110
1.2INITIATION POLICY
1.2.1 THE CITY SH.&LL NOT PROCEED TO THE FEASIBILITY STAGE AND THE
PREPARATION OF THE PRELIMINARY ENGINEER'S REPORT UNTIL PROPERTY;
OWNERS ARE ADVISED` OF POLICIES AND PROCEDURES, P 0 XRTY ® e Sre �
FOLDING MORE
FIFTY PERCENT OF THE PROPERTY S ED
-IN PROCEEDING® 'STAFF PREPARES A PRELIMINARY EVALUATION OF THE
PROPOSAL' AND COUNCIL PASSES A RESOLUTION DIRECTING STAFF TO
PREPARE THE PRELIMINARY'ENGINEER'S REPORT-
1.3
EPORTa1.3 KEY ADMINISTRATIVE ACTIONS
1.3.1 A person from Public Works is designated as having lead
responsibility.
1.3.2 The interest petition: shall indicate only an interest in
possibly forming and LID.
1.3.3 An LID information meeting shall be held with stiff where the
interest petition can be updated.
1.3.4 After staff meets with the property owners and sufficient
interest Is filed, staff will prepare a Preliminary Evaluation
outlining the general 'scope ; of the project and the interest
expressed. Staff then forwards the LID 'proposal to Council. A
decision not to forward is based upon city standards.
1.3.5 Staff will determine, and_.report to Council in their Preliminary
Evaluation, whether to forward the petition to Council using the
following guidelines for when it should not be forwaideda
(a) improper design
(b) unreasonable operating costs
(c) _ unreasonable maintenance costs r
(d) inappropriate boundaries---
(e)
oundaries --(e) not in the best interests of the city at this time
1.4 IMPLEMENTATION STRATEGIES
1.4.1 To improve effectiveness at this stage, staff will prepare
general information materials on LIDS to distribute to
interested citizens and will meet informally with property
owners to discuss this information and its relationship to the
proposed project.
1.4.2 To avoid confusion on the intent and purpose of the petition, it
will be revised. The new version will be standardized, to be
used in all proposed projects.
1.4.3 More extensive research, and-therefore costs, are necessary to
make a determination on the feasibility or eligibility of the
project. Therefore more specific eligibility guidelines are
given in the next stage, Feasibility.
LID POLICY AND PROCEDURES -- DRAFT (1111/84) PAGE 8
1.4.4 When the proposal is forwarded to Council, staff will send a
copy of the proposal to the appropriate NPO.
cy
PACE 9
LID POLICY AND PROCEDURES - DRAFT (1/11/84)
off"
}
Y E �
1
}
}
}
k
t
}
f
Z. FEASIBILITY
i
f
t
't
y<
F
i
7
6
a k
2.0 FEASIBILITY POLICY INTENTthe city should gather the information
necessary in order to determine the priority of the proposed project and
to'def ine the city's tentative description of the entire project.
The key, decision for the Feasibility Stage is a resolution of intent to form
the dietrict and to set a date -for aa;public hearing. Again, the processing of
information•.As the primary factor rs fosffciency. Effectivnecan- be
increased if staff is sensitive to the interests of :the property owners, yet
not swayed from the accepted city policies, standards, and practices.
Currently the Preliminary Engineer's Report is either prepared in-house or
staff 'supervises as consultant. Staff presents' and defends the report. All
engineering costs are currently covered by city'-funds until the ,spreading of
assessments. The costs :for the engineering .study are then included in the
total cost of the project. Typically the engineering steady concentrates on
the physical aspects of the proposed project.
:Decisions on the eligibility of the project have been guided.:,,by the general
practice, of discouraging proposed:,projects formed for as developer of rams or
undeveloped °land. Highest priority is for, improvements in an :'established
residential area 'where the improvements are to upgrade to standards for
Increased capacity or to replace services which are no longer satisfactory.
2.1 Findings
2.1.1 Staff requires direction from Council 'reaffirming the existing
standards.
2.1.2 Slow economic times have increased the chances for defaults by
individual property owners, creating a possible' cash flocs
problem for the city. The risk increases if the future payments
rely upon future sales of newly developed land. (see
Springfield article in the Appendix)
2.1.3 The potential economic return-_.to the commmmuniTy from, an LID
requires as certain amount of risk.
2.1.4 More information is needed in the Preliminary Engineer's Report-,,p
on the financial feasibility in terms of the city's finances.`"
The city needs to callow for future debt capacity chile remaining
fiscally secure. -
2.1.5 The costs for this stage are paid from the city's _operating
funds until-the spreading of assessments. This impacts only__the
city's cash flog, however if the district never forms, it is"a
financial loss in; the operating fund.
2.1..6 The Preliminary Engineer's Reports, done by consultants, do not
use the seise format, creating problems and added expense later
In the project.
LID POLICY AND PROCEDURES -s DST (1111/84) PACE 10
_�. QMaeX!
94=g.
t
2.1.7 When consultants are used by staff, the consultants are k
indirectly accountable to Council through intervention, by staff;
c
staff is therefore more vulnerable.
2.1.5 The limit on city indebtedness set by the state in ORS
223.295(l) is "A city may incur indebtedness in the form of
bonds and other obligations by virtue of the Bancroft Bonding.
Acs to an amount which, exclusive of indebtedness for municipal
utilities but inclusive of all other indebtedness of the city,
shall not exceed .09 (9%) of the latest true cash valuation of
tn�pity. Regardless of the above limitation, a city may issue
bonds under said Act in an amount not exceeding .03 (3X) of the
latest true cash.- uation of the city.
2.2 FEASIBILITY POLICY
2.2.1 THE CITY SH L NOT PROCEED TO THE FORMATION STAGE 'AND TRE PUBLICHEARI "
NG UNTIL ACCEPTING THE PRELIMINARY ENGINEER'S REPORT AND
AND
PASSING_ THE -RESOLU^aION OF . INTENT TO FORM �ISTEICT.
- SETTING THE DATE FOR THE PUBLIC MERING.
2.2.2 ELIGIBILITY REQUIREMENTS FOR LIDS SHALL DEPEND UPON THE USE OF
THE LAND:
(a) IF THE PROPOSED DISTRICT IS IN A DEVELOPED AREA WITH LESS
I
THAN
FULL To STANDARD SYSTEMS, ELIGIBLE PUBLIC ;IMPROVEMENTS
SHALL BE FOR THE PURPOSE OF UPGRADIN THE SERVICE(S) -TO THE
PROPERTY OR SURROUNDING AREA AND SHALL INCLUDE®
(1) THE .CONSTRUCTION OR RECONSTRUCTION OF SEWERS, STREETS,
STORM DRAINS, SIDEWALKS, AND/OR ANY M'STREET MOTOR
VEHICLE PARKING FACILITY;
(2) THE INSTALLATION OF STREET LIGHTS;
(3) THE UNDER,GROUNDING OF OVERHEAD UTILITIES;
(4) THE MAINTENANCE OF NEIGHBORHOOD PARKS..
(b) IF THE PROPOSED DISTRICT IS IN AN UNDEVELOPED COMMERCIAL
AND/OR INDUSTRIAL AREA, ELIGIBLE PROJECTS SHALL BE:
(1) FOR THE PURPOSE OF COMPLETING ELEMENTS OF AN ADOPTED�e
CITY PLAN, OR
(2) TO ENCOURAGE ECONOMIC DEVELOPMENT AND SHALL INCLUDE
fHE CONSTRUCTION TO COMPLETE THE SEWERS, STREETS,
SIDEWALKS, AND STORM DRAINS.
(3) OTHER IMPROVEMENTS MAY BE CONSIDERED ONLY IF THEY _
SUPPLEMENT THE LID PROJECT.
(c) IF THE PROPOSED DISTRICT IS IN AN UNDEVELOPED RESIDENTIAL__
AREA ELIGIBLE-PROJECTS SHALL INCLUDE THE FOLLOWING:
(1) THE CONSTRUCTION OF SEWERS;
(2) THE CONSTRUCTION OF STREETS, SIDEWALKS, STORK DRAINS-2.
(3) OTHER IMPROVEMENTS MAY BE CONSIDERED ONLY IF, THEY
SUPPLEMENT THE LID PROJECT.
LID POLICY AND PROCEDURES -- DRAFT (1/11/84) PAGE'' 11
!�L 4
2.2.3 PROJECTS ARE PRIORITIZED ACCORDING TO THE ELIGIBILITY CATEGORIES
AND FEASIBILITY INFORMATION. FIRST PRIORITY IS PROJECTS IN
DEVELOPED AREAS (AS DESCRIBED IN 2.2.2(s)). SECOND PRIORITY IS ,
PROJECTS IN UNDEVELOPED COMMERCIAL/OR INDUSTRIAL AREAS' (AS
DESCRIBED IN 2.2.2(b))• THIRD PRIORITY IS PROJECTS IN
UNDEVELOPED RESIDENTIAL AREAS.
2.2.4 THE CITY SHALL MANAGE IT'S ANNUAL ;INDEBTEDNESS SO THAT IF THE �
INDEBTEDNESS IN ANY YEAR GOES OVER THE LIMIT, THE CITY (BILL
ADJUST THE FOLLOWING YEAR. THE FORMULAS ARE:
AVAILABLE ADDITIONAL DEBT ® STATE DEBT LIMITATION - EXISTING DEBT
(debt Includes principal and interest)
AMOUNT AVAILABLE FOR 10% x AVAILABLE ADDITIONAL DEBT
PROJECTCONSTRUCTION s ' Z'
COSTS PER YEAR
2.2.5 PROPERTY OWNERS MAY BE REQUIRED.;TO.PAY A FEE AT '1HE BEGINNING OF
THE 'FEASIBILITY STAGE IF THE PROPOSED IMPROVEMENT IS IN AN
UNDEVELOPED AREA. ;
2.2.6 LID PROJECTS ARE TO BE DESIGNED IN ACCORDANCE WITH ADOPTED CITY
STANDARDS.
2.3 KEY ADMINISTRATIVE ACTIONS
2.3.1 Public Works has lead responsibility during this stage.
2.3.2 Staff decides who is to prepare the Preliminary Engineer's
report given staff workloads and expertise required.
2.3.3 The Preliminary Engineer's report shall include the following
financial data: _.
(a) The city's calculated limit for Bancroft indebtedness;
(b) Cash available;
(c) Type of interim financing to be used;
(d) Special concerns for the timing of the project for
financing;
(e) The assessment histories of the current property owners -for
outstanding assessments;
(f) city participation or other funding.
2.3.4 The Preliminary Engineer's report shall include the following:
(a) The.-benefits to the city the project serves, i.e.
completing a system, economic development, or health and
safety;
(b) The percentage of owners who are proponents;
(c) The boundaries, the general design of the project, and the
facilities approximate location;-
(d) Estimated total cost;
(e) The list of property owners, addresses, property
descriptions (tax lot) and proposed assessments.
-" LID POLICY AND PROCEDURES DRAFT (1/11/84) PAGE 12
" 2.3.5 Staff shall project the priority ranking of m proposed project
according to Council's guidelines.
2.3.5 If consultants prepare the report, they will also present the
report.
s
2.3.7 Staff may "batch" the proposals at this stage B® it is more
efficient and easier to prioritize the projectsfor the
available funds.
`t
2.4 IMPLEMENTATION STRATEGIES k
2.4.1 , Standard re the requirements for the Preliminary Engineer's �
Report. 1.
2.4.2 Keep current the list of consultants eligible to do the
Preliminary Engineer's Report. `
2.4.3' The city°s fiscal condition shall routinely ;be provided to "
Council
2.4.4' Deterazine the basic service cost for the Preliminary Engineer's
Report. `
2.4.5 At the 'beginning of the; stage, staff shall send a' letter to
property owners within the district and to the NPO(s) whichare
involved stating the status of the project, the next steps ire
the process and a tentative timeline.
LID POLICY AND PROCEDURES -- DRAFT (1/11/84) PAGE 13
� r.
S f
E
f
f {�
{F E
F.
�FF a
t
'i
3. FORMATION
r
3.0 FORK&TION POLICY INTENT . • . ' the city should provide to citizens the
opportunity ,,toquestion and make statements in a public meeting with
regards to the proposed project and whether it meets established policies
and procedures.
The key decision for the Formation Stage is an ordinance forming the
district. This.-follows °a public hearing on the project as proposed. The
state ;has clear requirements assuring the citizens the opportunity to object
which is reflected in the city's current code and practices.
Currently the city publishes the notice at least twice in the local newspaper
and sends the notice to all property owners. Property owners have at leant -
r ten days from the first publication of the notice to file a remonstrance to
the formation of the district If 'owners of sixty-six and two-thirds percent
or more in area of the property within the assessment district ,make and file
with the city' clerk a written objection or remonstrance against the proposed
Imp rovement, such objections- or remonstrances shall be a bar to any further
:proceeding in the making of ;such improvement' for a period ,=®f six months,
T` unless than owners of one--half or more of the 'property,.:a£fected shall
subsequently petition therefor (THC 13.04.050).
3.1 FINDINGS
3.1.1 ORS 223.353 states, "Provision shall be made for at 'least 10
days' notice to owners of property within the proposed district
in which the local improvement is contemplated, which notice may
be made by posting, by newspaper publication or by mail, or by
any combination of such methods. Such notice shall specify the
time and place where the_ council will hear and_ consider
objections or remonstrances to the proposed improvement by any
parties aggrieved thereby."
3.1.2 Sometimes the city does not have the correct names and addresses
of the current owners because the listing in the.county taxation
and ,assessment department is only periodically u§dated.
3.1.3 More accurate names and addresses can be obtained through title
searches, which are more time consuming and costly ($50 or more. .."
per property or tax lot).
3.1.4 Currently, if the public hearing is continued to a later
meeting, new notices are sent to the property..Awners, an extra
cost of time and money.
3.1.5 Sometimes during the process of the public hearing the
recommendations change, thereby changing some of the
remonstrances. The. remonstrances however are still counted in
determining whether or not to proceed.
3.1.6 Sometimes certain weather conditions or political issues require
rapid processing and notice require waste precious time-
LID POLICY AND PROCSD US -- DRAFT (1/11/84) PAGE 14
x
3.1.7 There is no policy on future resubmittal of a proposal once
Yrejected by Council for reasons other than filed remonstrances.
3.2 FORMATION POLICY h
T STAGE AND
3.2.1 THE CITY SHALL NO FINAALCEED PLANSQTHE AND SPECSRUN LN COUNCIL RECEIVES F
PREPAION OF THE ,
OBJECTIONS AND` RF.�iOIdSTR�NCES TO THE FORMATION OF THE DISTRICT a
ANI? PASSES ANORDINANCE TO FORMTHE DISTRICT.HAVE AT LEAST 10
�
3.2.2 PROPERTY OWNERS SHALL WRITTEN BJEGTIONS�OR NOTICE
REASONS�LdCES WITH
PUBLIC HEARINGS
THE CITY RECORDER. REMONSTRANCES CANLATER BE REVERSED ONLY EY
THE PROPERTY OWNER IN THE PUBLIC MEETING.
t.
3.2.3 IF REL40NSTRANCES ARE RECEIVED TOTALING MORE THAN TWO THIRDS OF
THE AREA Ili TETE DISTRICT COUNCIL MAY DECIDE NOT TO PROCEED.
3.2.4 IF ALL PARTIES AGREE IN WRITING TO WAIVE THEIR REMONSTRANCE THE 4
COUNCIL MAY WAIVE THE TIMELINE AND M= A DECISION ON THE
ORDINANCE FOAMING THE DISTRICT.
GENERAL
NEWSPAPER OF
3.2.5 THE CITY SHALL gOTICE FOR HE L PUS I HEARING TO RECEIVE F
CIRCULATION THE
OBJECTIONS AND Rg,�gONSTRANCES AT LEAST 10 DF►YS PRIOR TO THE
MEETING. THE DATE, TIME AND PLACE' OF THE PUBLIC TICSMEETSH SHALL,,
BE GIVEN. IF THE HEARING IS CONTINUED, AN
NOTICE SHALL BE i
` PUBLISHED.
3.2.6 IF COUNCIL DECIDES NOT TO FORM THE DISTRICT, COUNC911- WILL STATE
WHETHER PROPER 0WNFPROPOSAL RS BY MEETREG MI TAIN�OTHER CONDITIONER BY
GAINING MORE SUPPORT
3.3 --- ADMINISTRATIVE ACTIONS
3.3.1 Public Works has lead responsibility during this stage.
3.3.2 Staff will follow the state requirements for the public hearing.
ll be prepared to respond to known
3.3.3 At the public hearing staff wi
problems either by recommending revisions to the Preliminary
s
Engineer's Report or by reporting the relevant policies and past
decisions.
3.4 ItYPLEtdEl3TATION STRATEGIES
the notice and be ready to publish when the
3.4.1 Staff will prepare
resolution of intent is passed.
3.4.2 Staff- will prepare- a form letter to be.. used if property o wnthe
want to waive their remonstrance, thereby saving per
process-
3.4.3 Staff will review the language on the non-remonstrauce agreement
so it will conform to the City's intent.
PAGE 15
LID POLICY AND PROCEDURES -- DRAFT (1l11/84)
4= IMPROVEMENT
3
5
g.
3
3
�7
M.
E
4,0 INPROVEnNT POLICY INTENT the city should proceed with the
construction and financing of the improvements, controlling the project
so that it is completed to the specifications as close to the `estimated
cost as possible.
The key decision for the Improvement Stage is a resolution accepting`the final +,
report. This stage also includes an intermediate decision for Council acting
as -the Local Contract Review Board and that decision is a resolution awarding k
the contract.
s
The efficiency of both the construction and financing processes can be
enhanced if the project can take advantage of favorable feather and market
conditions Both the efficiency and effectiveness can be facilitated at ;this
stage, of the process by managing the construction, which includes coordinating
with the finance department. This is done by staff clearly stating
expectations and requirements to the contractor, and by staff providing
frequent statusreportsto Council. If changes occur, previous documentations F,
are needed in order to:recognixe the change and handle it effectively.
Currently, after Council passes the ordinance forming the district, staff G
which then go out to bide If any of the
prepares the Final Plans and Specs
construction is not to be done by;staff, the lowest qualifying bid is awarded
the contract. Staff manages the construction by frequent inspections; and
through the use of monetary penalties when necessary. Council receives
upon the level of activity and the presence
periodic stators reports dependent
of potential problems.
' 4.1 FINDINGS
4.1.1 The purchasing system addresses how a list,,;6f eligible
contractors is made and used, how the contractor is selected and
the termsandconditions for performance and payment.
4.1.2 Staff has no guidelines on the issuance and approval of change
orders.
" 4.1.3 Waiting for approval of change orders, not having clear
communication and documentation of communications, and -not G.
having obtained all the rights-of-way, all waste time and cause`
inefficiencies.
4.1.4 Interim financing must be secured, and the type of financing �
depends upon many factors. P.
4.1.5- If the project is funded by pre-assessments, the people forget
or fail -to understand that they may have to start payments
before the construction is completed and they have a finished
�r
product.
4.1.6 Unless there is a preassessment, the owners forget their--options
for, financing, with the next stage becoming more of a shock.
4.1.7 Final payment to the contractor depends upon the staff q
tentatively accepting the improvements. ,
LID POLICY AND PROCEDURES -- DRAFT (1./11084) PAGE 16 5~
j
ML .. A. ..
y
mwP+.sdn .
4.1.8 At the end of the construction, a final report on what has
occurred and of the information needed for the next stage needs
to be produced.
4.2 IMPROVEMENT POLICY
4.2.1 THE CITY SHALL NOT PROCEED TO THE ASSESSMENT STAGE UNTIL PASSING
A RESOLUTION ACCEPTING THE FINAL REPORT ON THE PROTECT.
4.2.2 COUNCIL SHALL PROCEED ACCORDING TO THE POLICIES AND PROCEDURES
OF THE LOCAL CONTRACT REVIEW BOA IF ALL OR ANY PART OF THE
IMPROVEMENT IS TO BE DONE BY PRIVATE CONTRACTORS.
4.3 KEY ADMINISTRATIVE ACTIONS
f 4.3.1 Public Works will have lead responsibility during this stage.
4.3.2 Staff 'shall prepare the final;plans and specs. -
4.3.3 The designated projectmanager has the authority to approve
change orders consistent with the Local Contract Review Board
rules and adopted city purchasing and contracting procedures.
4.3.4 The designated project manager has the authority to tentatively
accept theimprovements, thereby releasing the final payment to
the contractor.
.: 4.3.5 Staff shall prepare the final report at the conclusion of the
construction which will include sections on the improvement,
finance, and legal summaries.
4.4 I14PLEMENTATION STRATEGIES_
4.4.1 The city will record with the county "lien intents" on the
properties, increasing the likelihood that titl6 companies will
be aware of a possible lien if owners of property change.
4.4.2 Once the contractor is. selected and the timetable is agreed.
upon, staff will send a letter to property owners advising them'`
of these things and of who to contact if they observe any
problems. If the contractor uses subcontractors, these names
will also-be given.
4.4.3 In order to keep property owners informed of the special
assessments and to allow them sufficient time to decide how they
will pay their portion,--staff will send a letter stating their
estimated assessment, options available to make payment, and the
anticipated timetable. An installment application will be
included which will have to be completed at the Assessment Stage
_ with the bancroft application if the property owner decides to
pay by installments.
4.4.4 A set of form letters will be developed and used to aid in
managing the project, making it easier to document the
improvement for future reference.
LID POLICY AND PROCEDURES -- DRAFT (1/11/84) PAGE 17
rM
MM I I
4.4.5 To facilitate the transfer of responsibility for the next stage
the Final. Report will include the following information:
(a) mases and mailing addresses of owners
(b) property descriptions (tax map and lot numbers)', the
_ assessed values and size of the property
(c) area of benefited property
(d) the assessment method and the computed assessments
t
LID POLICY AND PROCEDURES -- DINT (1/11/84) PAGE 18
S
k
t'
ff {
„4
g
5
S4.
F
S ASSESSMENT
E
t
c
S
t
5.0 ASSESSMENT POLICY INTENT the city spreads the assessments across
the properties according to the benefit the property ,derives from the
improvement.
The key decision for the Assessment Stage is the ordinance spreading the
assessments. This stage is similar to the formation stage in that the
property owners have an opportunity to submit, objections about.,this ,part of
the process.
Currently" the city mails to the property owners a notice of their estimated
assessment and the date by which time objections shall be filed, which are to
"state the grounds 'thereof!* (THC 13.04.080). City Council is to consider
objections and staff's estimates and may "adopt, correct, modify or revise the
proposed _assessments". Total costs include the "cost of right-of-way and
expenses of condemning the land, all -costs of engineering, superintendence,,
advertising and legal expenses and also any and all other necessary and proper
expenses" (THC 13.04.080). The assessments' are entered into the city's lien
docket, thereupon becoming a lieu, upon the property assessed. .r
The 'assessment 'process as outlined in this section may occur after formation
and before or during ;the initial period of the improvement If the city decides
to have an "initial assessment" (pre-assessment). The amount to be spread is
based upon the engineer's estimate of total cost. If this is the case the
process at this time is either to do a final assessment, adjusting to the
actual final costs, or to ;issue refunds. The different types of assessments
allowed by state statutes and--how each fits into the structure in this report
are shown on Table 3.
Efficiency can be greatly enhanced by standardizing the process, letters and
forms which will also improve effectiveness by stregtilin'ing the
documentation. The quality of the city's LID process is also dependent upon
_ Council matting decisions which are consistent with the current or revised
policy. Special interests can sway decisions and set precedents that may not
be beneficial in future decisions with other LIDs.
5.1 FINDINGS
5.1.1 ORS 223.389, "notice of such proposed assessment shall be mailed
or personally delivered to the owner of each lot proposed to be
assessed, which notice shall state the amounts of assessment
proposed on that property and shall fix a date by which time
objections shall be filed with the recorder. Any such objection
shall state the grounds thereof. The council shall consider
such objections and may adopt, correct, modify or revise the
proposed assessments and shall determine the amount of
assessment to be charged against each lot within the district,
according to the special and peculiar benefits accruing thereto
from the improvement, and shall by ordinance spread the
assessments."
5.1.2 Property sold during this time isnot noted in the County's tax
lot records until later, making the identification of the
current owner difficult during the next stage. Also, the new
owner often is unaware they must soon pay the special
assessments.
LID POLICY AND PROCEDURES -- DRAFT (1/11/84) PAGE 19
co I
C � w.0 �t ,C 1
. 0
10a
a �t 94 0 94
94
O � O 61 V G
. � FS O � .ba O
t�
41
4 41
r4 v ®
m V 0 0 U 0 1
Q 1
O q r8 ® � ® 1
m � 10 O ® G Re
41 Aj ta.Oa r 63B 1 � to —4 1
40a � CD' tit 1a 0
t7 eso'O wa.� O
„gym ® '0 0
44 a cm 4)
.43 O /3 .5 4!
.
'C9 .
d -4
i ) O
d� 4!
r4 C2 g a
R7 V G70 ,4
�
O
� ..a41 O
41 43 3 o >
41 0 O
A -4 6 . u z9 O - 1U+ w r4
a1 a .* co ca -a
to in 93 c cJ s cn
m p u �� � � � � cq43 r
r+ 0 02
w v ea a
ffi m a...+
�a
r4 41
as
au v,
� w H ca W
V2
CQ
93
00
41
m
m
07 ca
r�
14 V2 CA
W40w
NFAA61 all � � � :
LID POLICY AND PROCEDURES -- DRAFT (1/12/$41 PAGE 20
^J ci
p! -
r .
5.1.3 The problem of unknown mailing addresses of owners is addressed
in ORS 223®391, "Whenever a notice is required to be sent to the E
owner of a lot ...if the address of the owner or of the owner's
agent is unknown to the recorder, he shall mail the notice
addressed to the owner or his agent at the city where such
property is located. Any mistake, error, omission or failure
with respect to such mailing shall not be jurisdictional or
invalidatethe assessment proceedingssessment) has"•
n made on the
5.1.4 "If the initial ,assessment
andpupon$the completion of the work. the
baeis of estimated cost,
cost is found to be,greater than the estimated cost, the council
may 'make a deficit assessment for the additional cost" according
to the standards stated above, with a'notice and opportunity to
object. (ORS 223.395) been made on the;
is of esti ,
ted
5.1.5 "If assessmomts have
letion the cost is fours sato be less a than ®ttae
and upon completion
estimated cost, provision shall be made for refund of the excess z
or'overplus" (ORS 223,395)-
sts are
5.1.6 If at the end of the stage it is rovisionmustabeumadeal ofor the
less than the amount collected, p
excess.
5.1.7 The costs of determining who should receive a refund and how
` much may exceed the refund.
5.1.8 In the past there has been no clear distinction between
objections and remonstrances.
5.2 ASSESSMENT POLICY
5.2.1 THE CITY SHALL NOT PROCEED TO THE FINANCE AND CLOSURE STAGE
UNTIL PASSING AN ORDINANCE SPREADING THE ASSESSMENTS.
5.2.2 THE CITY SHALL PROVIDE NOTICE TO PROPERTY OWNERS OF THEIR
PROPOSED ASSESSMENTS AND THAT COUNCIL WILL BE CONSIDERING WRITEN
pECIFIED
OBJECTIONS AT MEETORDINANCE ACGORDINGING T THE PRIOR
SPECIFICATZONS SPECIFICATIONS THE
ADING THE'
ASSESSMENTS 'BYa
ORS.
5.3. KEY ADMINISTRATIVE ACTIONS
t
5.3.1 The Finance Department has lead-responsibility for this stage.
5.3.2 Staff will follow mandated requirements for the notices.
5.4 II -&ffENTATION STRATEGIES
5.4.1 Send a copy of the installment contract early in the previous
stage which clearly outlines the terms and conditions of payment
C by installments.
LID POLICY AND PROCEDURES DRAFT (1/11/84)
PAGE 23
M ME
MM-
5.4.2 At the ;time Council considers objections to the proposed
assessments staff will review for Council the. proposed
• assessments, ;and the rationale and policies supporting the
proposals.
5.4.3 The problem of keeping a current and accurate address list is
minimized if the city makes more frequent ,personal and mail
contacts.
5.4.4 Staff will have a record of actual personnel 'costs for each
L.I.D. which will be used in calculating the total cost.
LID POLICY AND PROCEDURES DRAFT (1/11/84) PACE 22
60 FINANCE AND CLOSURE
#f`_... 6.0 FINANCE AND CLOSURE POLICY INTENT the city should arrange
financing, should enforce payments so the project' does not 'impact other'
operating 'funds, and 'maintain the 'improvements 'according to agreements
and city policy. The Finance and Closure Stage is not completed "until
all assessments are paid and the bonds are_'retired. it is primarily a
stage of 'staff activity unless more extreme enforcement procedures become
necessary. s
The key decision for the Finance and Closure Stage is actually an intermediate
decision and does not mark the end to the stage and the project. The "key
decision" is the resolution accepting 'bids for bonds and to pay—off warrants,
thereby recovering the city's costs for long—term financing along with the
total amount property owners agree to Bancroft. The final decision for this
stage is an action closing accounts and releasing' liens on properties as they:
are paid. The LID is not actually ended until all accounts are closed and the
bond: is retired.
Currently,, once'assessments are spread, staff receives cash or applications to
bancroft, within some specified time period. Staff then proceeds with bond
counsel through the 'bond selling process 'according to Local Contract Review
Board rules.
Once this: initial activity is completed, there are three major activities,:
first with collections, second' with changes which occur to the property
ownership, and third with maintaining the nein system. Bills` for those
bancrofting are sent twice a year. Billing costs are estimated and become
part of the total amount bancrofted. No penalties are charged. To date the
city has not foreclosed on property. If owners of property sell any part of
the property which has a special assessment, the city in the past has had a
"due—on—sale" policy.
6.1 FINDINGS
6.1.1 Whenever there has been a special assessment placed upon a
property for a local improvement, if the owner is assessed in
the sum of $25 or more, at any time within 10 days after notice
of such assessment is first published, may file a written _
application to pay part or all of the assessment in
installments. (ORS 223.210) A property owner cannot apply to
pay in installments if the amount remaining unpaid upon such
assessment together with the unpaid balance of any previous
assessment for improvements against the same property equals or
exceeds double the assessed valuation of the property as shown
by the last county tax roll. (ORS 223.220)
6.1.2 On the computation of installments, "with interest at such rate
as the governing body of the city may provide on all unpaid
assessments, together with an amount sufficient to pay a
proportionate part of the cost of administering the bond
assessment program and issuing the bonds ... including,_-but not
limited to, legal, printing and consultant's fees, such amount
to be determined by the governing body" (ORS 223.215).
LID POLICY AND PkOCEDURES -- DRAFT (1/11./84) PAGE 23
12
6.1.3 The maximum effective rate of interest which general obligation
bonds, shallbear, is 13 'percent per annum, unless the agency is:
unable to sell the bonds after a reasonable marketing effort,
then the interest may be increased but shall not exceed 14
percent per annum (ORS288.520(2)).
6.1.4 "The actual rates of interest paid are determined by a`
combination of the general market levels, the security behind a
given issue,; the pattern of the maturity of the debt, and the
credit standing of the pity. The city can do something about
each of these, except the general interest level prevailing in
the market." (from Moak and Hillhouse," Concepts in Finance,
cited in the Guide for.Local Government in Oregon)
6.1..5 Technically interest begins to accrue when the assessment is
spread.: This happens if the property owner pays after 30 days
or if the owner bancrofts, however if a property owner pays
within 30 days, no interest is charged.
6.1.6 "Whenever all or part of any assessment :for improvement was or
is declared void or set aside for any reason or its enforcement
refused by any court by reason of jurisdictional or other M
defects in procedure, whether directly or by virtue of any court
decision or 'when' the council is in doubt as to the validity of
all or,part of any such assessment by reason of such defects in
procedure, the council may by ordinance make a new assessment or
reassessment..." (ORS 223.410)
6.1.7 The time involved in gathering bancroft applications is
sometimes extensive either due to efforts to ,find correct
addresses, or because people do not respect the time limits for
filing,_ often creating problems in preparing documents for the
bond sale.
6.1.8 The total amount to be bancrofted is the- total of the
assessments which have valid bancroft applications filed plus
the interest for the bonds, plus administrative costs for the
bond sale and costs which are part of all assessments, such as
recording and removing liens from the county docket.
6.1.9 Occassionally if the property owner is late completing their
_bancroft application, Council will accept it, even though-it can
not be included in the bond sale, with the condition that
payments will equal what they would have been if part of the
bond sale.
6.1.10 In the past the city has decided not to proceed with foreclosure
if the property owner makes any token payment towards their
assessment, therefore possibly creating a future deficit in the
fund,
6.1.11 Fast practices by the city has created very lax expectations on
4 the part of property owners to the point where paying the
assessment has a very low priority for some
LID POLICY AND PROCEDURES DRAFT (1/11/84) PAGE 24
6.1.12 Legally, if property is segregated, the assessment can be
reapportioned if the property isnot part of a new subdivision.
6.1.13 If the improvement is a new subdivision, the lot cannot be
segregated and the assessments cannot be reapportioned. All
assessments must be paid-in-full before the final plat is
approved (ORS 924095).
j 6.1.14 If'property is segregated,' the city must be careful to make sure
that the segregation is not to 'separate out less desirable land
which the owners may have no intention of developing, or of
paying the assessment.
6.1.15 The process for the collection of payments is the same for all
property owners within any level of "collection, i.e. the initial
billing ;is the same for everyone and the reminders are the
sage. However, costs may differ from year.-to-year for personnel'
and materials.
6.2 FINANCE AND CLOSURE POLICY
6.2.1 THE LID IS NOT "COMPLETED" UNTIL ALL ASSESSMENTS ARE PAID AND
THE BONDS HAVE MATURED.
6.2.2 THE CITY SHALL BE REIMBURSED FOR ADMINISTRATIVE COSTS= FOR
COLLECTIONS BY HAVING A SERVICE CHARGE. THE RATE(s) SHALL BE
( REVIEWED ANNUALLY.
6.2.3 THE INTEREST TO BE CHARGED TO THE PROPERTY OWNERS SHALL BE SET
AT THE RATE ALLOWED IN THE ORS IN ORDER TO MINIMIZE
MISUNDERSTANDINGS AND TO STATE CLEAR AND ACCURATE EkPECTATIONS.
6.2. 5 INTEREST ON THE ASSESSMENT SHALL BEGIN TO ACCRUE TEN DAYS AFTER
THE PASSING OF THE ORDINANCE SPREADING THE ASSESSMENTS FOR ALL
PROPERTY OWNERS, WHETHER 'BANCROFTING OR PAYING Ilt CASH.
6.2.5 IF THE CITY DOES NOT RECEIVE A BANCROFT APPLICATION AND AN
INSTALLMENT CONTRACT BY THE SPECIFIC DATE, AND THE APPLICANT
WANTS TO PAY IN INSTALLMENTS, THE APPLICANT MUST PLEAD THEIR
CASE TO COUNCIL. IF APPROVED, PAYMENTS ARE SET AT ACTUAL COSTS
TO THE CITY WITH STAFF CALCULATING THE PAYMENT SCHEDULE.
6.2.6 IF A PROPERTY OWNER HAS FAILED TO PAY SPECIAL .ASSESSMENTS ON
OTHER LIDS OR HAS UNPAID BACK TAXES ON THE PROPERTY, THE CITY
SHALL LIMIT THE AMOUNT THEY CAN BANCROFT.
6.2.7 IF THE IMPROVF14ENT IS IN THE FIRST PRIORITY (A DEVELOPED
RESIDENTIAL AREA), THE PROPERTY OWNER CAN BANCROFT 100%
ALLOWABLE BY THE ORS. IF THE LID IS IN THE SECOND PRIORITY
..CATEGORY (UNDEVELOPED COMMERCIAL AND/OR INDUSTRIAL) THE PROPERTY
OWNER CAN BANCROFT 75% ALLOWABLE BY THE ORS. IF THE LID IS IN
THE THIRD POSITION (UNDEVELOPED RESIDENTIAL) THE PROPERTY OWNER
.. CAN BANCROFT 50% ALLOWABLE BY THE ORS.
LID POLICY AND PROCEDURES DRAFT (1/11/84) PAGE 25
b
o,
6.2.8 IF THE INITIAL ASSESSMENT (PRE-ASSESSMENT) HAS BEEN MADE ON THE
BASIS `OF ESTIMATED COST, AND UPON COMPLETION OF THE WORK THE
4
ASSESSED COST IS LESS THAN THE FINAL COST, COUNCIL-SHALL MAKE A
DEFICIT ASSESSMENT.
Hip SHALL BE
b.2.9 SPECIAL COSTS ASSOCIATED WITH CHANGES IN OgyyIEWED ANNUALLY PAID
WNERS
FOR AS A SERVICE'CHARGE, WITH THE RATE(S)
NT OVERAGES
b,�.10 THE CITY SHALL PLACE ANY APPAREIN A SPECIAL
FUND UNTIL THE BONDS ARE MATUREAT WHICH TIME THE
,
" RE14AINING AMOUNT IS TRANSFERRED INTO THE GENERAL FUND.
DIVIDE AND
5.2.11 AN OWNER Te1H0 IS FAXING IN
NLMENTS dHENNTS CAN THERE IS SPLIT
DIVISION OF
CONTINUE PAYING IN INSTAL
OWNERSHIP HAVINTHETSEN® N � BDLVISI N ON THE
H IS�DONE BY
PROPERTIES PROVIDED
RESOLUTION OF COUNCIL: .
A PENALTY AS A PERCENTAGE OF THE
6.2.12 IF A PAYMENT IS DELINQ rHE-AMOUNT TO RECOVER COSTS`.
AMOUNT DUE SHALL BE CHARG ED, T
6.2.13 THE CITY SHALL CHARGE INTEREST AND PENALTY FEES IF A PAYMENT IS
OVERDUE BY 30 DAYS OR MORES WITH INTEREST STARTING THE 30TH DAY.
OF IMPROVEKEN'�:3 By
6.2.14 THE COUNCIL SHALL DOA FINAL
BLEMSTANCE WITH THE IMPROVEMENT ARE
RESOLUTION AFTER ALL PENDING
( RESOLVED AND THE MAINTENANCE BOND IS RELEASED.
\ s
6.3 KEY ADMINISTRF.TIVE ACTIONS
t
6.3.1 The Finance Department has lead responsibility
in this stage•
ly following the passage of the ordinance spreading the
Immediate
6.3.2 ublish in the local newspaper the list
assessments, staff will P special assessments and mail the
of property owners and their sp with a Bancroft application-
he
to each property owner along
but
6.3.3 Staff shall enter the assessments on the county sot titlecompanies lien docket,
are
shall also record them in property i�sold.
aware of the assessment if p P
the
6.3.4 The terms established for the bonds on etc. are dependent upon the he date ocondition of
pattern of maturity, the
the bond market at o specific make oimmediatel�decisions®rin
staff needs the authority
response to the market.
acts for unbonded
6.3.x+ Interest to be charged on installment
tertrthan the interest
assessments is to be two percent
charged in the most recent bond sale o e c nther same LID,
IDI,
whet is charged the other property owners
whichever is greater.
PAGE 26
DRAFT (1/11/84)
LID POLICY AND PROCEDURES --
6.3.6 Prior to the expiration of the maintenance bond, staff will do a
final inspection, arrange to clear everything pending with the
contractor, and when cleared, inform the finance department who
in turn, '"informs the bonding company ,to release the maintenance
bond.
6.4 IMPLEMENTATION STRATEGIES
6.4.1 The costs of issuing the bonds are estimated and added to the {.
total costs for those applying to Bancroft.
6.4.2 Determine service charges for the successive Billings, and
review the rate annually. r
6.4.3 Determine service charges for covering costs to update the
county's lien docket and other costs, and review the rate
annually.
x.
6.4.4 Develop and adopt a process for reviewing applications to
reapportion a Bancroft account.
i
5
e
LID POLICY AND PROCEDURES ---DRAFT (1/11/84) PAGE 27
''e s
i
t
E
l
i
i
i
A P P E N D I X
q
6
>: 4
i
c g
TO: T11E HONORABLE MAYOk AND CITY COUNCIL
9
�nm
City, of Tigard
County of Washington
State of Oregon r
in the Matter of the Improvement )
of lands described as: )
) PETITION FOR AND CONSENT
TO CREATE A
LOCAL IMPROVEMENT DISTRICT $-
petitioners hereby request that the hereinbelow described area be improved by
creation of an assessment district for the express purpose of
(1) That the undersigned is in fact the owner(s) or the contract purchaser(s) of
the indicated property(s).
(2) That the undersigned represent one-half or more of the affected area as here-
inbelow described.
(3) That the cost of this improvement to be borne by the benefited properties and
in respect thereto respectfully show:
That the area proposed hereby to be improved by creation of an assessment
"'strict comprises approximately acres, and is legally described hereinbelow
c in the attached sheet marked Exhibit "A" which by reference herein is made a part
hereof) .
WHEREFORE, petitioners pray that said lands be improved by creation of an dite
assessment district and that the City Council of the Cit of Tigard, Oregon, expe i
creation of the same as provided by law.
Signature
Address Map # Book #
Tax Lot # Page #
i
1
F
r
W .
Eugene,OR
Reg-ster•Guard
(Cir.D.66,030)
(Cir.Sat.72,321)
Iro (Cir.Sure.72,174)
131983
P.C.a Far. 1888
ld gets a, Bancroft cure
"
A status® force-has given the Springfield But the councils,swayed by developer pleas to
City Council sayer-!dozen pages of good advice on keep a good thing going, took only half-way pre
how t6 get the city out of NLBancroft bond hole-– preventative measures.And the city staff didn't do a
and tin how.to-:avoid 'digging fu ure esca! pits. good job of administering or policing the program.
Happily,the,touncll seems disposed to accept it. There's nothing half-way about the cure rec-
louid hat posit cflunciis had.only Jlstened to ornmended by the task force`
nd acted ctaax strorigiy oft.':®slbrillar advice .
.. f blew`13anrraft loans would be limited to a
slnCe•1980. Iff.:ft !had, the qty's Bancroft,lioie. mli r4geable'total-of 0million a•year,with'subdi
P
4uld Aat be nearly so deep.
_a visions:at the.bottom'of-the loan priority List No
Bancroft borids were or iginaliy,concelved as a new Subdivision would get Bancroft loans_until the
way for f►omed" ers to.use city credit to•pay for .Cl(y.s�Its at least 75 percent of the 350 plus proper-
` street,:sldewalkta►ad scwer•im rovements�around
P Ides lt'wag.st Ck with'.through Bancroft foreclo-
thir t'04'. :`pities sold:iow-interest bonds to. fi-
esures;,'
naace•the improvements and gave the homeown- �veloperss would'be required to`put up 25
ers 10-to-20 years to pay them..-off. percent of their project.costs in advance. They'd
But developers.-dlscovered that Bancrofting no.longer.pre able to useaBancroft financing for so
wa
was also.a cheap y:to subsidize•many of theirnsuctrot'thelr costs:.And staff procedures would be
costs in developIng new sUbdrvislons:•They per vastly(.)mproved.
suaded Spztngfieldtto follow an•;ax)tra fliberale virtu
allyno-lima;Bancroft.polley that altowed:ttiein to." . gveu if all_the policy clianges are adopted,the
borrow for more of thelr'eosts,--anis in a,greater city vill be along time climbing out of its Bancroft
total amount;-than in any other•oregon city. hole -But, with luck; it should be able to, avold
Great d6ai;while it lasted. But when the•bot- having to levy a spe.cial-citywide tax to finance the
limb:
tom fell out..of the housing industry,.developers c .
couldn't sell...their lots and couldn't make their. The council .seemed in'agreement on the
Bancroft'payments. Many of them left:Springfield dhanges at a wt�ek session'tast Monday. All that
holding the;financial bag. remains is a public hearing this'Monday and for-
Ail'this happened in just three years. During ,mal council adoption.
that period;Springfield councils were warned sev- It might be a good idea to add to the new
eral times by city officials and, editorially, by policies a written warning to future Councils:When
the Springfield Mews and Register-Guard — that dealing with the city's credit, listen carefully and
ttie city was getting in over its head. • act conservatively.
1^
CITY OF TIGARD, OREGON
t
COUNCIL AGENDA ITEM SUMMARY
AGENDA OF: July 30, :1984 AGENDA ITEM #:
DATE SUBMITTED: July 26, '1984 PREVIOUS ACTION:
ISSUE/AGENDA TITLE: Agendas & Work
REQUESTED BY: Bob Jean
Program Discussion Q
DEPARTMENT HEAD OK: CITY ADMINISTRATOR:
INFORMATION SUMMARY
Attached 3s a draft of the Policy Calendar of Council's goals .and priorities'
and other .related issues. Also attached is a copy of the tentative agendas.`
The,purpose of the discussion is to review the agenda setting process.
6�
ALTERNATIVES CONSIDERED
SUGGESTED ACTION
Discuss process for setting agendas.
1822A
I(ft
4-
F
{R
F
i
i
t;
{{{;
E
i
t
Stg
9
C
s
E
� d a
M' C 6 rt{
N N
0 0
M
m w
y a of L O
ua a N O
a h I a «cs «
a � 7 � i1iII � 1IIIfIIII1IIII
c
-1AI11I1xl ! 1I I II I II1I I
ion � ol1IIiIIIIIIIIIIIIIIioo
M L
� � � � o �I11IIII $IIIIIII11i1i � a�
I I S
� �! III � 11IlIIIILIIIII �aIn
r
I I i I 1 I ! x1 I IXI I I I I � I I I Iia
� �1IIIIIIIIIIIlIIIII1Im� ,
W 'a-, 1I '1IIII1IfIIiIIIIIII ��
co A., Ilxllfilllllllllmeq
1111 II11I I IIXII I IiI Ilmm
�l 1 �I �I i I I I �I i I I I I xl XI �I xl Xi XI
h A I f I I I I I 1 -1 -i x1 d x1 -1 1 1 1 1 1 1 N A
3 c) N� Sil w� Jl �I �I 1 �I roil .-7I fLf Jal I h) tsI �) h) Pael. �I i(
1
N [
L X
6 U i
fd
W o a a a
a rx m
n n fdGo Aj • y O C O
O
aaQ1 yyHG.7. B MQ,dd io6s-1 .y E
JC \ O.� CrB • u Ua9 du MiuC CB „ LN@i 0
7
>i-
W
E tu �
•b 11
; LN 641 . 2 0V CL
U d .p • d�a•C 7E .O 0:
y gr
O Y 4, L O{-•
I.
Aj W
an .� d x n E \ C a B Q
0 4j M M d d 6 L •.V+ p O N C H Z1 a J L• w W
to u s+ a .-. a L o a 9 a d N w
w cc¢ .a n. u pd 4- <r T W c a n o
d ++ ++ ¢ a= m •� a V e04 OC 0 w c ¢ N 0 0
V p� a �ro u u " 9 a o c d c ¢ i ° 4, ss.+ to w w
Go �•�• }¢- .. d O U x J d d' w as .+ >
••ppb H E ® in 4 W O X V U .1 N V C.1 J 6 b O G O
N M pai
.•� a} W A w O� .+ ti .�•1 .�-e ti ff N .si N '.
a
U a
a,
4j O D m
er
C U Y O » IY+
1
d1
` tD w d CL U
� .� C aIIIIIIIIIIIiIIIIIIII
co
dlco
� IIIIIIIIIIIIiIIIIIiI
•� L �- � In
O I I I I I I I I I I I I I I I I l p
Ch
° � % � oIIIIIIilIIIIIIIIIIoI �� �,
� XIIIiIIIIIIIIIIIC,
uj
IIIIIIIIIIIIIIIIIIIIC-4 }
IIIII
IIIIIIIIiIIIIII ��
IIIIIIIIIIIIIC�C,
ywC,cc
ILIIIII
N IiIIIIIIII1iiIIiII ®�
cc
04
\ II
y m I I I I I I I I I I I xl Xi xl xi XI �I UI �I �I �m
e x x a a U al xl xl �I xl VI I I I I I i i I i m
mIIII. I
g h IIIIIIIIIIIIIiII ��
y illi
gp 106 A •L L ..� y I LL� 611 L''YI 61 OI ~I
mI OI OI OI
A 6 m CO 67 m m
C fA
.0. Y t
w n N n
w al
00
ap
U Y O
a
Y LL C J G Y S LL
.� 6 00,
J O a 1 N L Cri
� Y .+ ,.� �7 •O N y �8 N V iy. .�V O U' wK
.E :; E m \ a m U O w r6 U 3 n L L H
•*" @ a x d
0F-
m L7 u U d K i A Y Y O d d a~
O Z a O 4
sas a q A: is 7N V sOi G L tS L '� ~ N W
9 ,O U Y G U O 1 to -' 0
�n E C eb
aO •.moi
L. Y fi h F"
PI ua yC a s w y
co Y u w w
¢
a
.-e - — til --i h. m --. N O -
•�
U U I
c
c {{
Z .0 o i.
Z
' I � .e ¢ I I I I I I I I I I xl xl �I xi XI xl xl I i i
d •L7 sy J
� � � � � IIIIIIIIIIIIIIIIIIIIoo 1
� � � � IIIIIIIIIIIiIIIIIIII
� � sa � IIIlIIIIIIIIIIIIIIlI ��
�� � � � a llIlIIIlxl �lIIIIIIiIII �a
a IIllixlxlxlll IIIII �IlIIa
IIIXI #IilIII IiIIII IIII �a
IIXI I IIIIIiIIIiII IIlI
�:�: amlxlllllilllllllilllllmm
N ® �Illllllllf. 11llllliil �® a
m lllllllill � lllll llllom � -
^ i1IIIIIIIIIIIIIIIIIINh
8
w C Lpp Y
3 �
N
X N lL 4
J W Co C. N C W L O
r 13 b 3 o o a 7 m
Yal
3 d n C d L fJ
Q r'•1 •& 4 n U O O Ol Y 6. H
2 L S C fS .N d L a•
II C d d fd 3
y d L L tl K 2 U U x •� 0. O F 222 I
O d •H n N •N C d N I h
a J h fi; id+ 2 B f5 W C C d Y Jd d O ¢ t
U � O
•.�+ n .7i G \ C O U s� L ve 1C,a 3 �'8 CA W 4
ay O: O C 0. pO 0. n w O E V M C cGo c 11 i
•n .+ ? Q U V O �j W L .. C fiS Q.O [
m
,y a d 1{ H
�' N O g N a ! ¢ m C d 3 n J J O O
P .a
V Lb! t 6 h B0. C,7 x i. O �C�g •d0 L C C
,d. X d U W N O U c F N F T N a P P O O 6
N M 4 1I1 W P W 91 M .•� N r1 � ti N Q �,
ti N .q
i
C O
O d U
d \i !• 4
t ;,: .� � IIIIlIl1III ! lIII ..III !
IIIIiiIIIIIIIIIIIIII It
L N IIiIIIIiIiIIIIIIIIII2
CP
c co
0 cc
IlIIIIIIIIIiIIIIIII � k
� e � � 1 ! 11111 IIIIIIIIIIIIIaa
IIIIIIIIIIiI { l1IIlI �
IIII1l1liIIIIlIIiIIIma
w � wc � IliIIiIIIIlI1IlII IC,
.ea e=t N
N
�, xx' tx. � ® IIIIIilllli � I11111II
W m
\ e
as �
�sfa xtf
a
p n
oIII .I � IIIi1IiiII1IEII
La
N
x
a
d
LL
r -
.J a
N W
\ Qp
al
v oo a
o
ti Q ® .. -
_ I
IIIII ! IIlIIIIIIIIII
� � �� 1lIII1IIIIIIIIIII { II
• � ¢I iIIIIII { IlIIIIIIIIII
WR
2�1 IIiIXIIIIIII ! lIII1III
hI IIl� I { IIlIi { IiIIIIII
n� IiI� IIIIIIIIIIIIIIII
�I ' �I I I N I I I I I I { I I I I I I i l �,� .:.=a, .:,[ a •..-e
�� I1IIIIIiiIIiIIIIIIII
U ~~
W
a O U
M M •C 6
& 10 r0
}Jy� U •.+
C C ~p > A
-pE O W
1!f 6 'O•C M
D U co O Z
a
1 i d y i G O
1 1i
41
L° N,E, N W
0, not eLIU
ti C Epq
N •(cU 3 3J
ca o CL
.•+�.•+*�.-+-��-'+-Nth!- W P N O d4
SIN of?.[f.O Pal a� .� N Ou
I
n ; I
zi
3 � '
_
t
,
z =_- _ I
t
µ4.7 ?'el
r all
g
oil
�ty�J.C��
1
r
CITY OF TIGARD. OREGON
COUNCIL AGENDA ITEM SUMMARY
` AGENDA OF:
?; AGENDA ITEM
DATE SUBMITTED: July 11, 1984 PREVIOUS ACTION: Nnna Takan
ISSUE/AGENDA TITLE: Acceptance of
Slope Easement along SW 113th Ave. REQUESTED BY: D. v, zFr and j-P.Q-ozing
in Gallos Vineyards.
DEPARTMENT HEAD OK: CITY ADMINISTRATOR:
------------------
INFORMATION SUMMARY
This easement is on the West side of SW 113th Avenue, at the north end, which will
be 'built when Gallos Vineyards is constructed. This easement is needed so that
the street may be installed correctly.`
ALTERNATIVES CONSIDERED
i
��68CCA13S S19.�=@C53==ffi6C=i-=R_^..Q�'=R=�===__�-.�-------.�--���--'--'��•--
SUGGESTED ACTION
The En neeri.ng Division recommends that this easement be accepted by Council in
order for the street may be built according to approved plans.
PERMANENT SLOPE EASEMENT
KNOW ALL MEN BY THESE PRESENTS THAT Leonard Scheckla
Hereinafter called the Grantors, in cons erF::' or t e sumo no o ars an of er
good and valuable consideration by the City of Tigard, hereinafter called Grantee,
have granted and conveyed and by these presents do grant and convey unto the City
of Tigard, a perpetual easement for the construction, maintenance and repair, with
necessary access thereto,of a slope, 'cut or fill, occasioned by the construction,
operation and maintenance of a'public road and appurtenances within the following
described parcel of land, situated in the City of Tigard, Washington County, State
of Oregon, and being more particularly described as follows; The Easterly 10.00
feet of the Westerly 65.05 feet of the Northerly 150.00 feet of Lot 10, Cherry Hill'
Acre Tracts.
IT IS EXPRESSLY UNDERSTOOD that this easement does not convey any right, title
or interest to the surface of`the soil, nor any other rights except those expressly
stated in this easement, nor,pi°event Grantors from the full use and dominion thereover,
provided, however, that such use shall not be permitted to damage or destroy lateral
support to the highway, and provided'further<that nothing herein contained shall
grant to the City of;Tigard the right,to excavate beneath existing buildings or
deposit fill materials;against existing buildings above the top of the foundations
a thereof, but it is understood and agreed the City of Tigard shall;never be required
to remove the 'dirt or other materials placed by it upon said property, nor shall
said City be subject to any damages to the Grantors, their heirs and assigns, by
reason thereof, or by reason of the slopes constructed thereon.,or;by reason of change
of grade atthestreet or highway abutting on said property.
IN CONSIDERATION of the premises, Grantee agrees that if said Grantee, its
successors or assigns should cause said road to be vacated, the rights of the
T• Grantee in the above-described easement will be forfeited and shall immediately
revert to the Grantors, their successors and assigns in the case of any such event.
TO HAVE AND TO HOLD the above-described and granted premises'unto said Grantee,
its successors and assigns forever.;
IN WITNESS WHEREOF, the grantor(s) has`(have)`hereunto set his (her) (their)
hand(s) and sea ls) thisp 2 day of �,,Q 11 _
\� F
SEAL (SEAL)(SEAL)
(SEAL) (SEAL)
(SEAL) (SEAL)
STATE OF OREGON ) ss.
COUNTY OF WASHINGTON)
BE IT REMEMBERED, that on this day of KA 19
before me the undersigned Notary Pubii in and or a ate of Oregon personally
appeared the within-named
w o is areknown tome—to be t e i en ica ,n iviau—a escribed in and who
executed the within instrument and acknowledged to me that he (she) (they) executed
the same freely and voluntarily.
psIN TEST-IMONY WHEREOF, d have hereunto set my hand and seal this� day of
'lotary u i 0r regon ---
My Commis ion expires:�L,� _
Approved as to form this 23 day of 19
By:
Y ttorney - 7ty o rgard
Approved as to legal description this day of
t Approved this S day Of' g.
CITY G UNCII_ 'CITY OF IGARD, OREGON
S
j o (C.S. No.6747 Di s 4-
(CS. No. 53051
w
-
'tL80 E as- 31'E. 19090 ♦ 1 95.36 t EAST !
(C.S::No. 13,079) ♦ CO Rd. No. 916 :.
si 45 C Z52.04
9304 . 75.09 7. 4 19J 72 •72 .., 72 72.
118 •` , 889,9 °
QS 4g'q'yt - S 09 '43 3/4°E
4600 5O 4900 1 2900
2400 V 1 / � 47Ac- 2800 j = p/Ac; s 3000
17 0:.0 i g (� - 50 Ac 0 2901 /6.55Ac.
8 ss'
z 1 0 5./7AC.
103 91.15
tt,5 i4 1
26 ` i-' - J � -
coo 4700 4901 ' H
2e 08 I
"111.13 IIt2 125.80 SCHOOL Gt5'RtCT 02 _
4GOD 5000 N 742 1-777
n
i R 3 �' & 25 J a
}
Ila D3 120
4500 0, 51005 9 g
? Y
4 ,�ss �zo 24 10 1l&J 9 6 7 6 5 4g
y. 118.03 e 8)
52017 \� °' ' of a a i
D ,`Q 4400 v 8 M1 ^ Ni
m23 >
II
3 ... 5.�� 120
745300
1 4300 �, $
e �'• 22
1 6 `�20' f
r
94.39 ae.03 o -5400
aa°41 E 4200 �'.- 1 ' a 21 $.
7 f 120
9I _ 5500
l I18Z3' $ �"
q 20
.41�
BBTIQL p I 6 s 120
INITIAL POINT R• .'
�. �IDAWN'Z INLET I'. 560077 7A72 --0-_72
7
�
30
711 a 570 ? "d
3502::.^ a0QO.v w 1 Ig t7 -
5f/ Ar
19 .. 22
P • 1�'*.40 137.8 8.
33�i0 F��r� ' .5900 (� r ♦ .
t13.. a an 280.
651.09 k 1 653.24
of 6000.E
3600 113th PLAC 15
.42 At:. �. IfLQ4 92 .
R` 101196
3600 .
H I i � 6100
®4 2� 11 8 14 21
r'p °ra•.. '
FZLE n: < '1 3 h '/1N�i'/laNGG V
Pt�OJECIV NAME- r n o r- r& r< ' 1 TAX IAT: 7O c��
ADDRESS: o f di r N ili'�
CO\SENT COVEN_1%NT (NONRE:•;O`TSTRA�TCE AGREEiWNT)
EECEtiv�r
4Street Improvements JUL 24 ;1984
ers (including purchasers) of the real property described
The undersigned ocrnbe3,g1�P
local improvement district the Cc.
reets upon which
record 'their consent to the formation of a the described property
ublic street or st -th
for the, purposes of improving the p ' rights to
abuts. The undersigned expl calyimprovementwaive all pdistrictt forresdnt and uthe 2improvement 000fothe abutting
against the formation of a
street or streets, reserving only the right to contest the inclusion of particular cast items
d any right they may have under the laws of the
in the improvement district proceeding an
state of Oregon to contest the proposed assessment formula`
edescribed
binding
This consent and waiver shall run ith tlefti lepto odoffift Y en (15) and e arsfrom the ups
the undersigned and all successor
date of the last signature below.
The real arooerty that is the subject of this consent covenant is described as follows:
SEE ATTACHED EXHIBIT "A"
PARTNER(S) ACKNO.-TEDGEMENT
STATE OF OREGON ) ss.
COUNTY OF WASHINGTON )
t 'ehis 24th day of July , 1984 , before me personally came
Edward B. Lilly to me known, and stated that he is a
partner in the firm of China Cloud Traders ,
a partnership, and acknowledged that he executed the foregoing instrument as the free
act and deed of said firm.
IN TFSTIM Y VIVER=OF, I have hereunto set,4 hand and
affixed my offical seal the day and year last above written_
2t
Notary Pubrid for Oregon -- -
My Commission Expires 11/3/84
MMUM
PAGE 2 FOR FILE NO. J D�
Approved as to form this day of 19e , 19—dy—.
BY: it�c--
C ty Attorney r City of Tigard
Approved as to legal description this aS day o , 1924
BYc�``\ "Gd`
City Engineer C ty'of' Tigard
Accepted by the City Council this '307I`day of 19 .
CITY C CITY-0F TIGARD, OREGON _
e
BY:
City Recorder - City.,of"Tigard
0540P
r
t
r
�.
a
_W-71PV NO
\
The sketch below is made solely fort he purpose of assisting in locating said premises and the Company assumes
no liability for variations. it any, in dimensions and location ascertained by actual survey.
TICOR TITLE INSURANCE
of California.
Fool 01
f� �1 0 -
0 0a
ti�poi h
54p 6
APPP.Ox.'.290'EAST OF. —
S:M'. COR.:GRAHAM
D.L.C.NO.52 T£RFG / 0 61.
a' CR NO 452 �.,,�y,�,S.y...• ^i
v i
INITIAL POINT/ t
�.... �P� /\ r.,id✓''o. `.34— GREEN9URG
\� 700 1202
.O9AC,
I.62Ae.
Q \
®� C.S. NO.6163
1 1m
6p 5 7qw 2Q9,a y _
2 4 67
800 .A / `% N.®9° 34'E _3106— —
FEE MAP ICS td0 11'Q'1 I �e n 125.3: s
is 1 35G 1201 0409'Sivi
6 1200
_ o _ a 42Ac
900 / 'may b
j .55Ac. o
' ` s
1001 �a ,
/7Ac.' a
rA\ 1 101 is
t .�� � .O4A: a
DESCRIPTION SHEET
See Page l for vesting and encumbrances, if any.
Description of the tract of land which is the subject of this
report:
PARCEL I:
Beginning at an iron at the Northwest corner of GREENBURG HEIGHTS, a '
plat ofrecord in Section 35, Township 1 South, Range '1 West,
Willamette Meridian, Washington County, Oregon; and running thence
South 01 03' east, 20 feet to a 2 inch iron pipe; running thence
South 890 34 ' West, 168.9 feet; running thence South 691 36' West,
199. 7 feet to a 'point 'on the East line of that certain tract of land
conveyed to Wade F. and Hazel M. McKenney, by Deed recorded on page
621, Book 235 , Washington County, Oregon, Deed Records, and which
point is the true point of beginning of the hereafter described
tract of land; running thence from said true point of beginning,
North 171 46' West along the Easterly line of the above noted
McKenney tract, and the same extended for a distance of 186 feet,
more or less, to a point on the Northerly line of"'the abandoned,
right of way of the Oregon'Electric _Railroad; thence following the
right of way of said railroad along the arc of a curve to the left
(the long chord bearing and distance being South 531 29' West, 151.7
i feet) for a distance of 151 . 8 feet to an iron rod at the terminus of
County Road No. 452; running thence South 220 29' East, 166.3 feet
to an iron rod; running thence North 74" 20' East, 130 feet to a
point on the East line of the above noted McKenney tract from which
an iron rod bears South 741 20' West, 30.0 feet; running thence
North 17° 46' West, 33. 2 feet to the true point of beginning.
PARCEL II:
Beginning at an iron at the Northwest corner of GREENBURG HEIGHTS, a
plat of record in Section 35, Township 1 South, Range 1 West,
Willamette Meridian, Washington County, Oregon; and running thence I
South 0° 03' East, 20 feet to a 2 inch iron pipe; running thence
South 890 34' West, 168.9 feet; running thence South 690 36' West,
199.7 feet to a point on the East line of that certain tract of land f
conveyed to Wade F. and Hazel M. McKenney by Deed recorded on page
621, Book 235, Washington County, Oregon, Deed Records; running
thence North 170 46' West along the Easterly line of the above noted
McKenney tract, and the same extended, for a distance of 186 feet,
more or less, to a point on the Northerly line of the abandoned
right of way of the Oregon Electric Railroad; thence following the
Northerly right of way line of said railroad along a curve to the
left (the long chord bearing and distance being South 530 29' West,
151.7 feet) for a distance of 151. 8 feet to an iron rod at the
terminus of County Road No. 452, and which iron rod is the true 4 _
Report No. 34-122971 CAB/bja Cont Preliminary Report Only
JUN3 ( 1 84)
f point of beginning of 'the hereafter described tract of land; running
thence from said 'true point.of; beginning, south 22� 29' East, 166.3
feet to an iron rod; thence running south 74', 20' West, 168.4 feet
to a point on the West line of that certain tract of lanconi,eyed
Bok
to Wade 'F. `and Hazel M. McKenney by Deed recorded ;on page
' 277, said Deed Records; running thence North ;along the West line of
the MciCenney: tract last above noted for a distance of 98 feet to an
iron rod at the Northwest corner thereof', a point on the Northerly
line of the abandoned right of way of the Oregon Electric Railroad;
running thence along said right of way line on a curve to the right
(the long chord bearing and distance being North 44° 15' East,
141.22 feet) fora distance of 141.,3 feet to the true point of
beginning
Report No. 34-122971 CAB/b7a
Cont Preliminary Report Only
JUN3 (1 84)
ROAD RIGHT-OF-WAY DEED - STATUTORY FORM
Individual Grantor
f-
Arvilla M. O'Farrell Grantor,
A Munici al Cor oration
conveys and warrants to the Cit of Ti ard, property free of
Grantee, the following described real
encumbranees except as specifically set forth herein situated in Cit_Y of'Tigard
Washington County, Oregon, to-gait:
"Exhibit A" -_
atter of Section 2, Township
A portion of that certain tract of land in the southeast
Qu aunty, Oregon, Described in
2 Sourh, Range a West, will City,
Oze on, said portion being more particularly described as
that'certain-:deed to Ar nulla M. O'Farrell and -Recorded in Book 1136 Page .116 Deed
Records of Washington
County, $
follows:
Beginning at the intersection of the Southerly Line of County Road No. 567 (S.W.
O'Mara Street) with the Easterly Line of County Road Na. 567, said intersection
point being South 410 52° 38" East 27.88 feet from Angle Point3 of said County
k
Road No. 567; thence on the Easterly Line of said,County Road No. 567 :South 03
57' 31" West 29.14 feet; thence Soutoncaveh 860 02' 29" East utheastthe a No to the beginning
of a 25.00 foot radius tcurve hrough a central angleto the d of 880•19'ie43" (the long Northeasterly38.54
•of
feet along s. to its point of tan enc with {
which_bears North 480 07' '22" East 34.84 feet)
8 Y
line 25.00 feet from and parallel to the centerline' (when measured a Right Angles)
O
uth
of said County Road No. 567; thence hence
don said 171 4" East
a tLineNorth 870 h42,o46"
Zine of said County Road No. 567;
West 29.14 feet to the point;of beginning- Containing 392.36 square feet.
Reference Survey: County Survey No. 20,339
The said property is free from all encumbrances except None
nveyance is $' 2 300
(Here comply with the
The true consideration for this co
requirements of ORS 93.030)
Y
Dated this 26t h_day of Jul 19 84 _
THIS INSTRUMENT DOES NOT GUARANTEE THAT ANY
PARTICULAR USE MAY BE MADE OF.THE PROPERTY
DESCRIBED IN THIS INSTRUMENT. A BUYER SHOULD
CHECK WITH THE APPROPRIATE CITY OR COUNTY
PLANNING DEPARTMENT TO VERIFY APPROVED USES.
STATE OF OREGON, County of Washington _)ss. -
Personally appeared the above named Arvilla M. O'Farrell
and acknowledged the foregoing instrument to
be 94c _voluntary set and deed.j
Before me: /�/Nr�ne of —cam _y/7 �
(official Seal) Notary Pub it for Oregon, Hy commias expires
9
Approved as to form this ��day of �' � -^-'�) _y__1_�
City Attorney - City of Tigard
Approved as to legal description this i�,/_
day of ' 19 -
BYE /'.✓
City Engineer - CS y o£ Tigard
of , 19 F1
Accepted by the City Council this a
--day
*4 Ty,tNCILj CITY OF TIGARD,•OREGON
By:
City Recorder - City of Tigard
1704A
(7-84)
MAP TO ACCOMPANY DESCRtPTION
SCALE: 3C"
TIGARD SENIOR TIGARD CHRISTIAN
CENTER CHURCH
ANGLE POINT #3 S870 42' 46"E
7
STREET
29.14 N020 17' 14"E 0
5.00
CURVE DATA
A =88" 19' 43"
R -25.00
L -38.54
S.860 02' 29"E
5.00
0 Arvilla M. O'Farrell
- TL 1501 MAP 2SI-2DD
0
Bk. 1136 Pg. 116
20 20
ANGLE POINT 42 OF
COUNTY ROAD #567
S. W.
13
c
uj
cf)
20 20
r
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
AGENDA OF: 7-30-84 AGENDA ITEM
DATE SUBMITTED: 7-26-84 PREVIOUS ACTION:
ISSUE/AGENDA TITLE: . Street Improvements
Nonremons trance Agreement (CU 1-84) REQUESTED BY: Development Services
and Joyce Levear (Start Right Day Care)
DEPARTMENT HEAD OK: CITY ADMINISTRATOR:
INFORMATION SUMMARY
This 'street improvement nonremonstrance agreement was a condition placed upon
Start-Right" Day Care in allowing 'their conditional.use.
Ar-
ALTERNATIVES CONSIDERED
SUGGESTED ACTION
Development Services recommends acceptance of this street Improvement nonremonstrance
Agreement
PROJECT NAM .CS
E: e1' FILE
AD6RESS: S. �.e
TAX MAP: �$/ Iles TAX LOT: 00 $ I o00
CONSENT COVENANT (NONREMONSTRANCE AGREEMENT)
Street Improvements
The undersigned owners (including purchasers) of the real property described below do hereby
record their consent to the formation of a local improvement district by the City,of Tigard
'for the purposes of improving the public street or streets upon which the described property
abuts. The undersigned expressly waive all present and future rights to oppose or remonstrate
against the formation of a local improvement district for the improvement of the abutting
street or streets, reserving only the right to contest the inclusion of particular cost items
in the improvement district proceeding and any right they may have under the laws of the
State of Oregon to contest the proposed assessment formula.`
This consent and waiver shall run with the title to the described land and be binding upon
the undersigned and all successor owners, for a period of fifteen (15)` years from the
date of the last signature below.
The real property that is the subject of this consent covenant is described as follows:
Lot 3 and Lot 5. Knoll Acres,;` situated in the northeast 1 /4 of
Section '2 T-2S R-1W.M. City; of -Tigard, Washington County Oregon.
IN WITNESS WHEREOF, the grantor(s) have hereunto set his (their) hand(s) and seal(s)
this 7->nc day of .aycy 19,1. _
(SEAL) (SEAL)
�7ie (SEAL) (SEAL)
(SEAL) (SEAL)
(SEAL)• (SEAL)
STATE OF OREGON ) SS_
Countyo£ d �3G "' D
T
on this a` day of �}.t�X,�q, 19 personally appeared the above named
LLL' �-�-Vt-�.� Ir-s�K/J 1`,�� �G''ut'�4••e-- ...
and acknowledged the foregoing instrument to be their voluntary act and deed_
Before me:
Notary Public for tregon
My Commission expire /G- tr--)y"
PAGE 2 FOR FILE NO
da of - , 19 •
Approved an to form this Y
City Attorney - City of Tigard
v
Approved as to legal description this ,_x day of / , -19 -
City Engineer - City of Tigard
Accepted by the City Council this day of
CITE[ C NCI CITY
�-OF TIGARD, OREGON
BY
ty Recorder - City of Tigard
0540P
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 locationascertained by actual survey.
TICOR TITLE INSURANCE
as WASH)
1 oo+zs•v 8>#3BT'A-L POMT
+ge fe OchOLL ACRES
600 " -�' .�, $4**241
1
500 X0001 /
301
o
w
700
b e
F O T/A
$ — s
_'F 14927 $1 5� �'°R
® c g..•;q•�r u.
3ZZ/372 IC S d6aLic'fl2�)
Ir .� 118 6)0�'• ���� �� ..: /)'O.
Boo
1400 /
)ort, a
�1 90A _ 130 ;1W
o`{ 0 4 SC.SNo12033) pS s,ro j o?
C'
i4s a / IN1T1A' `t a
o y p; �r 1 t_ F
0 w
1000 1100 TtG:,RCIa Yc 1
1700
as r
5 1200
34 i. "
r
C
Mol
t
SAN d @0"9 1 \
1900
{ 9 9. �._o�?� m '•,,�;-tee 9 410 �.• ZolP
' 2200 ��`.. SIN
3 22.c
Q
STREET
39
p r
i t
1.
f
L _
I
qr co co Ln H I
rte.
V
to
S
I M
cq
C
H �
A C9 W
H r N -..z.
tr]
tp
CA
CEJ H .moi 6[3 N .K
,�.. tM cl nY go CA.
PQ
m a v
g 64
Oft en
1 91
,. .. .. ..
1 C? I
tz
pq SpA �°i w aC x eta w cr .w
6''
va c®n ai chi .4j C.1�.0
H ^ a N co
cn
J'•
Sn 67 r'1 �a
0 ad cb
14 C2.
H M 19 C .H. C7. P
r� 4c
ap Mrl
C� cn �a w7 CV N V3 N H 64 (WO r �
�.. 0U V V
bo
0. �...
1 V0p V O V)
QC.
4.e a. d W 6+ � -
O 6+ A r4 O r! co cn sale x U 6a
® � t3Cn
.# N n r- t@w n.ou 4( CL,i M �o U ^ gu 93i � m 4
04 47
Ln C14 41 rA
04 V. tPi
:. CSA
4( # N
h
gt,