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City Council Packet - 05/21/1990 CITY OF TIGARD . ` OREGON TIGARD CITY COUNCIL STUDY MEETING MAY 21,1990 6:30 PM A G E N D A TIGARD CIVIC.CENTER 13125'`SW HALL BLVD TIGARD, OREGON 97223 PUBLIC NOTICE: Anyone wishing to speak on an agenda item should sign on the appropriate sign-up sheet(s). If no sheet is available, ask to be recognized by the Mayor at the beginning of that agenda item. Visitor's Agenda items are asked to be two minutes or less. Longer matters can be set for a future Agenda by contacting either the Mayor or the City Administrator. • STUDY SESSION (6:30 p.m.) Chris Bowles of Unified Sewerage Agency (Discussion on proposed Surface Water Management Agreement) 1. BUSINESS MEETING (7:30 p.m.) 1.1 Call to Order - Tigard City Council and Local Contract Review Board 1.2 Roll Call 1.3 Pledge of Allegiance 1.4 Call to Council and Staff for Non-Agenda Items 2. VISITOR'S AGENDA (Two Minutes or Less, Please) 3. 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: 3.1 Approve Council Minutes: April 23 and 30, 1990 3.2 Approve Surface Water Management Agreement with Unified Sewerage Agency and Authorize Mayor and City Recorder to Sign 3.3 Local Contract Review Board: Award Bid for Video Inspection Unit to Telespector Corporation 3.4 Support Proposed Modifications to the Tualatin 9-1-1 System and Initiate Appropriate Planning Documents - Resolution No. 90- 2(~ 4. TELECOMMUNICATIONS FRANCHISE ORDINANCE AMENDMENT -ORDINANCE NO. 90- / 5. REVISE TIGARD MUNICIPAL CODE TITLE 14, BUILDINGS AND CONSTRUCTION (MOVING OF BUILDINGS) -ORDINANCE NO. 90-!= 6. REVISE TIGARD MUNICIPAL CODE TITLE 10, VEHICLES AND TRAFFIC (OVERSIZE LOADS) -ORDINANCE NO. 90-rte? COUNCIL AGENDA -MAY 21, 1990 -PAGE 1 7. NON-AGENDA ITEMS: From Council and Staff 8. EXECUTIVE SESSION: The Tigard City Council will go into Executive Session under the provisions of ORS 192.660 (1) (d), (e), & (h) to discuss labor relations, real property transactions, current and pending litigation issues. 9. ADJOURNMENT cca521 COUNCIL AGENDA -MAY 21, 1990 -PAGE 2 F E T I G A R D C I T Y C O U N C I L MEETING MINUTES - MAY 21, 1990 - 6:30 PM 1. ROLL CALL: Present: Mayor Jerry Edwards; Councilors: Carolyn Eadon, Valerie Johnson (arrived at 8:35 p.m.) Joe Kasten, and John Schwartz. Staff Present: Patrick Reilly, City Administrator; Wayne Lowry, Finance Director; Ed Murphy, ' Community Development Director; Liz Newton, Community Relations Coordinator; Tim Ramis, City Attorney; Catherine 1 Wheatley, City Recorder; and Randy Wooley, City Engineer. i 2. STUDY SESSION Discussion on Surface Water Management Agreement s Mr. Chris Bowles of Unified Sewerage Agency (USA) reviewed two proposed Surface Water Management (SWM) agreements presented for Council consideration (Consent Agenda Item t` No. 2). In response to the mandated requirements to clean up the Tualatin River, the City of Tigard has engaged in discussions with USA to develop a County-wide SWM Program. s i One agreement provides for the surface water management as a shared responsibility between USA and the City of Tigard. The agreement also combines the sanitary sewer and surface water management functions. The second agreement establishes a "City Committee" comprised of the cities of Tigard, Beaverton, Cornelius, Forest Grove, Hillsboro, North Plains, Sherwood and Tualatin. The purpose of the agreement is to establish a process to review matters of common concern to the parties. It shall have the authority to review and advise the Agency on the standards, regulations and specifications, work programs, capital improvement programs, rates and charges, long range planning, and other matters covered by the Agreements for Sanitary Sewer and Storm and Surface Water Management (Operating Agreements) with the member cities. There was Council discussion on revenue distribution. Mr. Bowles explained cities would receive funds based on the size of the city; i.e., the larger the city the more catch basins the city would be required to maintain. He explained USA's responsibility is to assure that mandated standards are met County wide; therefore, they will work with cities to achieve success with their individual programs. Mr. Bowles also advised that the agreements could be amended to accommodate concerns and resolve issues as the program is implemented. CITY COUNCIL MEETING MINUTES - MAY 21, 1990 - PAGE 1 Mr. Bowles advised that the City of Beaverton recently submitted language changes. City Administrator and City Attorney also advised the City of Tigard would need additional time to review the agreement. Staff recommended Council pull the item for the Consent Agenda and reschedule it for the June 11, 1990 Council meeting. In response to a question from Mr. Carl Johnson, Mr. Bowles advised that USA would be involved in the approval process for floodplain permits. USA would review for water quality and quantity standards. Aaenda Review a. Council discussed Consent Agenda Item .4 which was the request for Council support of proposed modifications to the Tualatin 9-1-1 system. Councilor Schwartz requested that this item be considered separately in order for him declare that he would not be voting on the issue. He advised that his wife was employed by the agency involved. b. Finance Director reviewed Agenda Item No. 4 the telecommunications franchise ordinance amendment. He advised that the Utility and Franchise Committee recommended an increase in franchise fees to 5% for US West Direct and GTE. Finance Director reviewed that this change was as a result of House Bill 3000. He updated Council on the efforts of the League of Oregon Cities which was currently holding hearings to have 3% of the charge embedded in the rate. Estimated increase to residents for the change effected by this ordinance was $.48 a year. Many of the surrounding cities were charging 7%. Finance Director noted the Franchise Agreements for both companies would expire by 1993; the Agreements would be renegotiated at that time. C. Community Development Director reviewed Agenda Item Nos. 5 and 6. He noted that a $10 permit fee would be required for issuance of a permit for moving of oversized loads. SW North Dakota Traffic Update City Engineer updated on efforts to resolve problems for S.W. North Dakota Street in the Anton Park neighborhood; efforts included: children being asked to wait for arrival of school bus in order to cross the street safely; continued police patrols of the area; review of possibility of installing buttons, striping travel lanes, and designating turn lanes to slow traffic speed. (Engineer noted volume of traffic would not be reduced until improvements to Schools Ferry Road were completed.) There was discussion on installation of stop signs at intersections. Also discussed was a memorandum submitted by a CITY COUNCIL MEETING MINUTES - MAY 21, 1990 - PAGE 2 t f t r f E resident outlining suggestions by a traffic engineer. Council consensus was that this issue merited separate study session discussion and will be scheduled on an agenda in the near future. E Request for Reimbursement of Sewer Costs (Note: Councilor Schwartz was not present during the Study Session discussion on this topic.) Community Development Director reviewed this issue with Council (please see memorandum dated 5/11/90 from Patrick J. Reilly, City Administrator to Mayor and City Council). This issue concerned a citizen request to the City for reimbursement of costs incurred in extending the public sanitary sewer and requiring another property owner to pay a sewer surcharge for not participating in the cost of extending a public sewer. Staff attempted to resolve the issue between the two owners involved with no success. Staff has no i authority to affect any refund for sewer extensions. i After review of the issue, council consensus was to not require payment of any fees. This decision was based on the fact that this situation occurred several years ago, and it would be inappropriate to attempt to and collect fees at this time. 3 Senior Center Contract j Councilor Eadon and City Administrator reviewed proposed changes to the Senior Center Agreement. Major revisions included the City assuming responsibility for maintenance and utility (excluding } telephone) costs. In return, the facility would be available for City-wide use for meetings with the understanding that from 8 a.m. to 5 p.m. the senior citizens would have priority. There was lengthy discussion on costs associated with the Center and the fact that seniors from areas outside the City utilize its services. It was suggested that monitoring of users be done over the next year to determine if a user fee could be established for those persons who lived outside the city limits. Council consensus was for approval of the agreement as outlined. Council Calendar Items a. Council Study Meeting (Goal Setting) - June 8 (6:30 - 10:00 p.m.) and June 9 (8 a.m. - 12:00 p.m.) b. Traffic issues study session to be set. Council consensus was to add the Tigard/Burnham connection. C. Bond Park residents' park issue set for Council on June 11, 1990. CITY COUNCIL MEETING MINUTES - MAY 21, 1990 - PAGE 3 (Business Meeting was called to order at 7:37 p.m.) 3. NON-AGENDA ITEMS a. Presidents Parkway Mayor Edwards announced that the Comprehensive Plan Amendment for the area designated in the proposed Presidents Parkway urban renewal area was scheduled for a public hearing on August 13, 1990. Repeal of the Presidents Parkway Council action concerning the Development Plan was scheduled for the June 11, 1990, City Council meeting. 4. VISITOR'S AGENDA a. Debbie Johnson, 11100 SW Tony Court, Tigard, OR, of the Anton Park neighborhood signed in to testify on traffic problems on S.W. North Dakota. Mayor advised Ms. Johnson of the Council's decision to study this issue at a work session. Staff was directed to notify Ms. Johnson of the meeting when the date and time were established. b. Jane Hunt, 11105 SW 103rd Place, Tigard, OR, also of the Anton Park neighborhood, advised she had heard of a recent Planning Commission decision to close a street on 109th and Naeve. She noted here interest in this situation as it closely resembled the problems in her neighborhood. Mayor advised this decision was called up for council review (public hearing) at their June 25, 1990 meeting. Staff was directed to send notification to Anton Park representatives of this meeting. C. Cal Woolery, 12356 SW 132nd Court, Tigard, OR, proposed that with recent developments on 135th/Walnut and on Bull Mountain, portions of S.W. 135th would be improved as conditions of development. He advised that once these developments were in place that about 175 feet of 135th would remain unimproved. He suggested Council review this situation to avoid having a small section of unimproved roadway. After reviewing Mr. Woolery's testimony, Council asked staff to research the issue and report their findings to council. d. John Blomgren, 9460 SW Oak Street, Tigard, OR 97223, advised that he was a member of the Keep Tigard Livable Political Action Committee. He asked when the Comprehensive Plan Amendment (approved by Council in conjunction with the Presidents Parkway urban renewal proposal) would be reviewed. Mayor advised that a public hearing on the CPA action for this area would be held CITY COUNCIL MEETING MINUTES - MAY 21, 1990 - PAGE 4 e~ t August 13, 1990. Yr. Blomgren expressed concern that development might -.:ake place before this issue was heard and asked why it would take that long to schedule the hearing. City Attorney explained the provisions set forth in the CPA state that a hearing was to be held within 90 days of the date of the decision disapproving the development Plan; therefore, when voters "disapproved" the Development Plan on May 15, 1990, the 90-day time period for setting a public hearing starts from the election date. With regard to Mr. Blomgren's concern that development could start in the area prior to the hearing, city Administrator advised that no development could take place without approval of the Master Plan for the area. (Note: Sylvia Clark and Anthony Bonforte signed in to testify; however, they declined to speak at this time.) 5. CONSENT AGENDA: 5.1 Approve Council Minutes: April 23 and 30, 1990 5.2 SET OVER TO 6/11/90 - Approve Surface Water Management Agreement with Unified Sewerage Agency and Authorize Mayor and City Recorder to Sign 5.3 Local Contract Review Board: Award Bid for Video Inspection Unit to Telespector Corporation 5.4 Support Proposed Modifications to the Tualatin 9-1-1 System and Initiate Appropriate Planning Documents - Resolution No. 90-26. Motion by Councilor Eadon, seconded by Councilor Kasten, to approve Consent Agenda Item Nos .1 and .3. The motion was approved by unanimous vote of Council present. Motion by Councilor Kasten, seconded by Councilor Eadon, to approve Item .4. The motion was approved by a vote of 3-0-1; Councilor Schwartz abstained from voting, noting that his wife was employed by the agency involved in this issue. 6. TELECOMMUNICATIONS FRANCHISE ORDINANCE AMENDMENT a. Finance Director reviewed this item with Council. Chapter 484 of Oregon law enacted in June 1989 redefines "gross revenues" upon which the City's franchise fee is computed. This, in effect, lowers the base upon which the telephone franchise is computed and therefore, lowers the revenue the City receives from telecommunications franchises. The Council must amend the franchise CITY COUNCIL MEETING MINUTES - MAY 21, 1990 - PAGE 5 agreement to incorporate this definition and the Council must determine the rate that will apply to the newly defined "gross revenues." The rate may not exceed seven percent of gross revenues. b. The Utility and Franchise committee recommended that all franchise rates be raised to five percent from their current levels. In addition to the rate and the definition of gross revenues, utility companies are now allowed to show the franchise fee as a separate item on a customer's bill. Mr. Dave Overstreet from GTE advised Council that a bill insert will accompany their customers' statements explaining these changes. C. Staff recommended approval of both ordinances as proposed. d. ORDINANCE NO. 90-15, AN ORDINANCE AMENDING ORDINANCE 73- 23 WHICH GRANTED TO PACIFIC NORTHWEST BELL TELEPHONE COMPANY, A FRANCHISE SUBJECT TO CERTAIN TERMS AND CONDITIONS, TO CONDUCT A GENERAL TELEPHONE BUSINESS WITHIN THE CITY OF TIGARD. ORDINANCE NO. 90-16, AN ORDINANCE AMENDING ORDINANCE 82- 12 WHICH GRANTED TO GENERAL TELEPHONE COMPANY OF THE NORTHWEST, A FRANCHISE SUBJECT TO CERTAIN TERMS AND CONDITIONS, TO CONDUCT A GENERAL TELEPHONE BUSINESS WITHIN THE CITY OF TIGARD. Motion by Councilor Schwartz, seconded by Councilor Kasten, to approve Ordinance Nos. 90-15 and 90-16. The motion was approved by unanimous vote of Council present. (Note: The following two agenda items were combined for Council consideration.) 7. REVISED TIGARD MUNICIPAL CODE TITLE 14. BUILDINGS AND CONSTRUCTION (MOVING OF BUILDING). REVISED TIGARD MUNICIPAL CODE TITLE 10. VEHICLES AND TRAFFIC (OVERSIZE LOADS). a. Community Development Director and Building Inspector reviewed this information with Council. The present Title 14, Chapter 14.20, Moving of Buildings, was cumbersome, inefficient, and did not provide for all the necessary safeguards in regulations to protect the public and City. The proposed revised Title 14, Chapter 14.20, provides for efficient service, protection, and safety to the public and City. The staff recommended the CITY COUNCIL MEETING MINUTES - MAY 21, 1990 - PAGE 6 approval of the proposed ordinance adopting Chapter 14.20, Moving of Buildings, as part of TMC Title 14, Building Codes Ordinance. b. The City does not presently have an ordinance that regulates the moving of oversize loads (buildings, tanks, and structures in excess of eight feet wide or 14 feet in height or 50 feet in length, pursuant to ORS 818.080) upon or across City roads. The proposed Title 10, Chapter 10.50 provides regulations for the safety and welfare of the public and City. Staff recommended approval of the proposed ordinance adopting Chapter 10.50, "moving of oversize loads" as part of Title 10. c. The following two ordinances were read by number and title for Council consideration: ORDINANCE NO. 90-17, AN ORDINANCE REPEALING CERTAIN SECTIONS OF TITLE 14 OF THE TIGARD MUNICIPAL CODE AND REPLACING THEM BY ADOPTING RULES FOR THE MOVING OF BUILDING ORDINANCE NO. 90-18, AN ORDINANCE AMENDING TITLE 10 OF THE TIGARD MUNICIPAL CODE ADOPTING RULES FOR THE MOVING OF OVERSIZE LOADS d. Motion by Councilor Eadon, seconded by Councilor Kasten, to approve Ordinance Nos. 90-17 and 90-18. The motion was approved by unanimous vote of Council present. 8. NON-AGENDA ITEMS a. City Engineer reviewed the following with Council: Improvements to S.W. Walnut Street are authorized under the Major Streets Traffic Safety Improvement Bond. Negotiations were in progress for the right-of-way and easements needed for the project. In the event that legal action may be required to acquire this right-of- way, a formal resolution was necessary. Staff recommended council pass the attached resolution authorizing the staff and City Attorney to acquire necessary right-of-way. b. City Engineer further advised that improvements to S.W. Durham were authorized under the Major Streets Traffic Safety Improvement Bond. Negotiations were in progress for the right-of-way and easements needed for the project. In the event that legal action may be required to acquire this right-of-way, a formal resolution was necessary. Staff recommended council pass the proposed C, CITY COUNCIL MEETING MINUTES - MAY 21, 1990 - PAGE 7 T resolution authorizing the staff and City Attorney to acquire necessary right-of-way. C. Mayor called for the reading of both resolutions: RESOLUTION NO. 90-27, A RESOLUTION DECLARING THE NECESSITY AND PURPOSE FOR THE ACQUISITION OF CERTAIN REAL PROPERTY FOR THE CONSTRUCTION OF STREET IMPROVEMENTS ON S.W. WALNUT STREET AND THE FULL USE AND ENJOYMENT BY THE PUBLIC OF SUCH IMPROVEMENTS, AND AUTHORIZING THE CONDEMNATION OF SAID REAL PROPERTY. RESOLUTION NO. 90-28, A RESOLUTION DECLARING THE NECESSITY AND PURPOSE FOR THE ACQUISITION OF CERTAIN REAL PROPERTY FOR THE CONSTRUCTION OF STREET IMPROVEMENTS ON S.W. DURHAM STREET AND THE FULL USE AND ENJOYMENT BY THE PUBLIC OF SUCH IMPROVEMENTS, AND AUTHORIZING THE CONDEMNATION OF SAID REAL PROPERTY. Motion by Councilor Kasten, seconded by Councilor Eadon, to approve Resolution Nos. 90-27 and 90-28. The motion was approved by unanimous vote of Council present. 9. EXECUTIVE SESSION The Tigard City Council went into Executive Session at 8:40 p.m. under the provisions of ORS 192.660 (1) (d), (e), & (h) to discuss labor relations, real property transactions, current and pending litigation issues. 10. ADJOURNMENT: 8:58 p.m. Catherine Wheatley, City Recorddr ATTES rald R. Edwards, Mayor _ Date • CCM521 CITY COUNCIL MEETING MINUTES - MAY 21, 1990 - PAGE 8 RECEIVED TIMES PUBLISHING COMPANY . Legal 7569 P.O. BOX 370 PHONE (503) 684-0360 Notice MAY 2'41990 BEAVERTON, OREGON 97075 e~A~ CITY OF nsulo Legal Notice Advertising a City of Tigard • ❑ Tearsheet Notice • PO Box 23397 • ❑ Duplicate Affidavit Tigard, Or 97223 t ti, f AFFIDAVIT OF PUBLICATION N~ -Az STATE OF OREGON, ) z T a . ~w COUNTY OF WASHINGTON, )ss. Judith Koehler ,q oq Fr o: rx being first duly sworn, depose and say that I am the Advertising a-`, ~e %a< t Director, or his principal clerk, of the Ti 9and Times f 7' t p~ h' Fn; CL ins a newspaper of general circulation as defined in ORS 193.010 I-• ° g and 193.020; published at Tigard in the aforesaid county and state; that the Notice of Cty Council Meeting o loo o' a printed copy of which is hereto annexed, was published in the °qy entire issue of said newspaper for One successive an d consecutive in the following issues: yy~ Alio,.yy fey , May 17, 1990 N c~ "W tic 0" Subscribed and sworn t before me this 17th day of Ma 1996 Notary Public for Oregon My Commission xpires: 6/9/93 AFFIDAVIT CITY OF TIGARD, ORUGON AOL- AFFIDAVIT OF POSTING In the Matter of the Proposed ~/L~i i2CcnGe /Vos. STATE OF OREGON ) County of Washington ) ss City of Tigard ) begin first duly sworn, on oath, depos4V and say: That I posted in the following public and conspicuous places, a copy of Ordinance Ntunber(s) FO-1,5. Clo-17 a.nd Qo- /8 which were adopted at the council Meeting dated -M a copy(s) of said ordinance(s) being hereto attached and ] reference made a part hereof, on the Q55 date of~ ( 1990. 1. Tigard Civic Center, 13125 SW Hall Blvd., Tigard, Oregon 2. US National'•Bank, Corner of Main and Scoffins, Tigard, Oregon 3. Safeway Store, Tigard Plaza, SW Hall Blvd., Tigard, Oregon 4. A3bertson's Store, Corner of Pacific Hwy. ( State Hwy. 99) and SW Durham Road, Tigard, Oregon Subscribed and sworn to before me this date of , 19. w„ n t.L Notary Public for Oregon ryr , y rsf My Commission Expires: . ke~~WPOST ~INN" CITY OF TIGARD, ORBI ORDINANCE NO. 90-ILL AN ORDINANCE AMENDING ORDINANCE 73-23 MUCH GRANTED TO PACIFIC NORJHWEST BELL TELEPHONE COMPANY A FRANCHISE SUBJECT' TO CERTAIN TERMS AND CONDITIONS TO CONDUCT A GENERAL TELEPHONE BUSINESS WITHIN' THE CITY OF TIGARD. WHEREAS, the City of Tigard entered into a franchise agreement with pacific Northwest Bell with Ordinance 73-23 dated July 23, 1973, which set forth certain terms and conditions which were agreed to by both parties, and WHEREAS, Chapter 484 of the Oregon Revised Statutes which becomes effective July 1, 1990 affects certain terms and conditions of the aforementioned franchise agreement, and WHEREAS, the City Council desires to comply with the Oregon Revised statutes in its franchise agreements, NOW, THEREFORE be it resolved by the Tigard City Council: Section The.' following sections of Ordinance 73-23 . are hereby, amended .as-. followse Section 10• [(b) In consideration of the rights, privileges and franchise hereby granted, said Grantee, Pacific Northwest Bell Telephone Company, its successors and assigns, shall pay to the City of Tigard, from and after the date of acceptance of this franchise, and until its expiration, annually, three percent (3%) per annum of its gross local service revenues derived from services within the corporate limits of the city, less net uncollectible and revenue paid directly by the United States of America or any of its agencies. The reasonable value of any utility service or the use of any Company facilities used or reserved for use by the City without charge shall be credited toward any payment due the City under this provision. Payment of said 3% shall be made on or before the 15th day of March of each and every year for the calendar year preceding, with the exception that in the year 1974 payment shall be made only for the period earn encing on the date this franchise becomes effective and ending December 31, 1973; and such 3% payment will be accepted by the City from the Company also in payment of any license, privilege or occupation tax or fee for revenue or regulation, or any permit fees or similar charges for street opening, installations, construction or for any other purpose now or hereafter to be imposed by the City upon the Company during the term of this franchise.] Ordinance No. 90- 1J Page 1 s (b) in consideration of the rights, privileges, and franchise hereby granted said Grantee Pacific Northwest Bell Telephone many its successors and assigns, shall pay to the City of Tigard from and after the effective date of the amerbimt to this franchise and until June 30, 1990, annually, three percent (U) per annum of its cross local service revenues derived from services within the corporate limits of the City of Tigard less net uncollectible and revenue paid directly to the Grantee by the f United States of America or any of its agencies. Effective July 1, 1990, and until the franchise's expiration said Grantee shall pay to the City of Tigard annually five percent (5%) of its gross revenues derived from exdbange access services as defined in ORS 401.73-0. within the corporate limits of the City of Tigard less net uncollectible The reasonable value of any utilitv service or the use of any Grantee facilities used or reserved for use by the City without Grantee's prescribed charges shall be credited toward any payment due the City under this provision. Payment of this fraTrhi~ fee shall be made semiannually on or before the fifteenth day of March and September of each and every year for the one half calendar year ending December 31, and June 30 respectively. For the year 1990 payment of said three percent (3%) shall be made only for the period January 1 1990 to June 30, 1990 and payment of said five percent (5%) shall be made for the period July 1, 1990 to December 31, 1990. Passed: By the council, by unanimous vote of all Councij members present after being read by number and title only, this day of -MILI. 1990. F~ecorder - City of Tigard the Mayor, thday ofr~ 1990 Mayor City of Tigard APPROVED AS TO r~Jt/~~^~► GUy Attorney of/WLAM END N: \WORD\F IMNCE C I Ordinance No. 90- Page 2 WN" CITY OF TIGARD, OREGON ' ORDINANCE NO. 90_ V. AN ORDINANCE AMENDING ORDINANCE 82-12 WHICH GRANTED TO GENERAL TELEPHONE COMPANY OF THE NORMCST, A FRANCHISE SUWECr TO CERTAIN TERMS AND CONDITIONS, TO CONDUCT A GENERAL TEIMIONE BUSINESS WITHIN THE CITY OF TIGARD. WHEREAS, the City of Tigard entered into a franchise agreement with General Telephone Coanpany of the Northwest with Ordinance 82-12 dated March 8, 1982, which set forth in Exhibit "A" the terms and conditions of the aforementioned franchise agreement, and WHEREAS, Chapter 484 of the Oregon Revised Statutes which becomes effective July 1, 1990 affects certain terms and conditions of the aforementioned franchise agreement, and WBEREAS, the City Council desires to comply with the Oregon Revised Statutes in its franchise agreements, NOW, ZMORE be it'resolved by•the.Tigard City Council: Section 1: Section 7, paragraph 2 of Ordinance 82-12 Exhibit "A" is hereby . amended as follows: As further consideration Grantee agrees to pay to City [3% (three percent) of the gross annual revenue for local exchange service rendered subscriber within the city limits, such revenue to be determined in accordance with the lawful rates and rate groupings applicable to the exchange, exclusive of extended area service] 5% (five percent) of the aross revenues derived from exchange access services as . defined in ORS 401.710 within the City limits being on July 1 1990. Such payments shall be made by Grantee on or before March 15 or each year for the calendar year preceding and the first and last payments shall be for the fractional part of the calendar year, during which this franchise is in effect. Passed: By the Council, by unanimous vote of all Council members present after being read by number and title only, this, / day of 1990. Recorder - City of Tighrd / by t1e Mayor, j day of 1990 Ma - ity of Tigard i APPROVED AS TO FORM 1'%~^^' `,V' t; t CCi~ty Attorney of/WLAMEND\N:\WORD\/FINANCE . ORDINANCE NO. 90- 1CG Page 1 x e- CITY OF TIGARD, OREGON C ORDINANCE NO. 90-__L2_ AN ORDINANCE REPEALING CERTAIN SECTIONS OF TITLE 14 OF THE TIGARD MUNICIPAL CODE AND REPLACING THEM BY ADOPTING RULES FOR THE MOVING OF BUILDINGS. WHEREAS, Tigard Municipal Code Title 14, "Buildings and Construction", provides regulations for the moving of buildings; WHEREAS, Tigard Municipal Code Title 14, is in certain respects incomplete and unduly burdensome; E' WHEREAS, the City Council desires to provide for the enforcement of its F ordinances regulating moving of buildings; THE CITY OF TIGARD ORDAINS AS FOLLOWS: Section 1. Title 14, Chapter 14.20 is repealed and replaced with the attached Exhibit "A". i Section 2. This ordinance shall be effective 30 days after its passage by the Council,.. approval, by ;the.Mayor; and posting by- the•.City .Recorder. PASSED: BY (M0A iMOUS vote of all Council members present after being read by number and title only, this _28-f• . day of 1990. Cathy Wheatley, Bepcty City Recor er APPROVED: This~day of ,199 erald . Edwards, Mayor Approved as to form: , Date City Attorney ORDINANCE NO. . Chanter 14.20 MOVING OF BUILDINGS Sections: 14.20.010 Title 14.20.020 Definitions 14.20.030 Permit Required 14.20.040 Permit Application Fee 14.20.050 Plans Required for Permit 14.20.060 Protection of Public or Private Property and Utilities 14.20.070 Performance Bond 14.20.080 Permit Issuance Conditions 24.20.090 Permit Revocation 14.20.100 Liability 14.20.110 Cleanup 14.20.120 Violation Penalty 14.20.010 Title A. - This chapter shall. be known as the "moving of buildings ordinance" and may.also - be' referred. to herein as-"this chapter. (Ord: 86-53. S.6(Exhibit E S.1), 1986). 14.20.020 Definitions t` A. For the purposes of this chapter, the following mean: 1. Building. "Building" means a building that exceeds 8 feet in width, or as loaded for moving, extends upward more than 14 feet from the ground, or exceeds 50 feet in length pursuant to ORS 818.080 ; 2. Building Official. "Building official" means the designee or designees appointed by the director of community development who is responsible for the building inspections and enforcement of the building code; 3. City Engineer. "City Engineer" means the city engineer or the city engineer's designee responsible for enforcing this chapter; 4. Street. "Street" means any highway, road, street, or alley as defined in ORS 487.005(1) and (8). (Ord. 86-53 S.6(Exhibit E S.2), 1986). 14.20.030 Permit Required A. No person shall move any building within or into the city, to be placed on a lot, without first applying for and obtaining a permit under this chapter. B. No person shall move a building across or along a public street or way without first obtaining a permit to move an oversize load as ( regulated in Chapter 10.50. 1 PROPOSED REVISION TO CHAPTER 14.20 Page 1 14.20.040 Permit Application--Fee A. Application for a permit to move a building on or onto a lot shall be made to the building official on forms provided by the building official and shall include the following information: 1. The name and address of a person who owns the building; 2. The name and address of a person engaged to move the building; 3. The location from which the building is proposed to be moved; 4. The proposed new site of the building and its zoning classification; 5. The dimensions, type of construction, and approximate age of the building; 6. The use or purpose for which the building was designed; 7. The use or purpose to be made of the building at its new location; 8. The proposed moving date and hours of moving; 9. Any additional information the building official considers necessary for a fair determination of whether the permit should be issued. B. In situations where the city's design review standards apply, the applicant shall also make application and submit all necessary information for design review approval. C. An application shall be signed by the owner of the building to be moved or by the person engaged to move the building. D. The permit shall not be issued until the applicant pays a permit fee to defray the costs of issuing the permit. The amount of the fee shall be set pursuant to the State Building Code fee schedule. (Ord. 86-53 S.6(Exhibit E S.4), 1986). E. All other applicable development fees and charges shall be paid prior to issuance of the permit. 14.20.050 Plans Reauired for Permit A. A minimum of two sets of plans shall be submitted with each application for a building permit. The plans shall be drawn to scale and shall indicate the location, nature, and extent of the work proposed and show in detail that it will conform to the provision of the building code and other relevant laws, ordinances, and regulations. f PROPOSED REVISION TO CHAPTER 14.20 Page 2 MOO _14.20.060 Protection of Public and Private Property and Utilities A. The issuance of a permit to move a building is not an approval to remove, alter, interfere, or endanger any public or private property or utility without first having obtained in writing, the permission of the property owner(s), utility, or public entity to do so. B. The applicant shall have made arrangements to the satisfaction of the owner(s), utility, or public entity for protecting the installations or property, paying for whatever damage the moving causes them, and for reimbursing the owner(s), utility, or public entity for any costs of removal and reinstallation of the property that the move necessitates. 14.20.070 Performance Assurance A. Performance assurance shall be furnished to the City in the form of a bond executed by the applicant with a surety company authorized to do business in this State and approved as to form and amount by the building official, or a cash deposit with the City in an amount approved by the building official. The performance assurance shall guarantee that the applicant shall: 1. Within three -months ' after the building has been moved onto the property, have it placed and anchored on a permanent foundation system, and within six months of moving the building onto the property, have all construction on the building completed and ready for occupancy in accordance with building and zoning regulations. B. Failure to comply with subsection (A) of this section will result in forfeiture of the bond or cash deposit, and the City will use said funds to complete whatever work is necessary to bring the building into conformance with applicable codes. Should there be insufficient funds to complete the work necessary, to bring the building into conformance with applicable codes, and the building official determines the building is a dangerous building as described in Chapter 14.16, the building official may choose to demolish the building to abate the violation. C. The building official may extend the completion date up to an additional six months, where the applicant has requested an extension in writing, and the building official determines there is due cause for granting the request, and no hazard exists. D. No building shall be moved on or onto a lot in the city for the purpose of storage of the building. 14.20.080 Permit Issuance Conditions A. The building official shall issue the permit subject to any necessary conditions if: 's f\ t x PROPOSED REVISION TO CHAPTER 14.20 Page 3 f 'r' 1. The application complies with the requirements of this chapter; 2. The moving can be accomplished without damage to property or, in case of damage to the property, it is consented to by the owner of the property or is to be paid for to the owner's satisfaction; 3. The building at its new site, will conform to the requirements of the community development code; 4. All requirements of the building code ordinance (chapter 14.04 of this code) have been complied with. (Ord. 86-53 S.6(Exhibit E S.8), 1986). 14.20.090 Permit Revocation A. The building official may refuse to issue a permit or may revoke a permit issued under this chapter if: 1. The permittee violates or cannot meet a requirement of the permit or a section of this chapter; or 2... Grounds, such. as a misstatement of fact exist for revocation, suspbnsion;.or refusal to issue the-permit. 14.20.100 Lability A. The permit shall not constitute an authorization for damaging property. The permit shall not constitute a defense against any liability the permittee incurs for personal injury or property damage caused by the moving. (Ord. 86-53 S.6(Exhibit E S.10), 1986). 14.20.110 Cleanup A. A person moving a building under a permit authorized by this chapter shall promptly remove from the public streets and private property all litter produced by the moving. (Ord. 86-53 S.6(Exhibit E S.13), 1986). 14.20.120 Violation--Penalty A. - Violation of this chapter shall constitute a Class I civil infraction and shall be processed in accordance with the civil infractions ordinance, codified in chapter 1.16 of this code. (Ord. 86-53 S.6(Exhibit E S.16), 1986). br/9904D.WPF PROPOSED REVISION TO CHAPTER 14.20 Page 4 14.16.070 14.16.070 Violation--Abatement--Penalty. (a) Abate- ment. A dangerous building may be abated in the manner provided by the civil infractions ordinance, codified in Chapter 1.16 of this code. (b) Penalty. (1) Each violation of a separate provision of this chapter shall constitute a separate Class 1 infraction, and each day that a violation of this chapter is committed or permitted to continue shall constitute a separate Class 1 infraction. (2) A finding of a violation of this chapter and imposition of a civil penalty pursuant to the civil infractions ordinance (Chapter 1.16 of this code) shall not relieve the responsible party of the duty to abate the violation. A civil penalty imposed pursuant to this section is in addition to and not in lieu of any other remedies available to the city. (3) If a provision of this chapter is violated by a firm or corporation, the officer or officers, or person or persons responsible for the violation shall be subject to' the penalties imposed by *this section.-• (Ord. 86=53 §5(Exhibit D §7), 1986) Chapter 14.20 MOVING OF BUILDINGS Sections; 14.20.010 Title. 14.20.020 Definitions. 14.20.030 Permit required. 14.20.040 Permit application--Fee. 14.20.050 Permit application--Distribution and inspections. 14.20.060 Utility installation protection. 14.20.070 Performance bond. 14.20.080 Permit issuance conditions. 14.20.090 Permit contents. 14.20.100 Permit revocation. 14.20.110 Liability. 14.20.120 Protection of streets and property. 14.20.130 Project to continue uninterrupted. 14.20.140 Cleanup. 14.20.150 State highway use. 14.20.160 Violation--Penalty. b" 1:. 180 (Tigard 11/15/86) j. t ~v 14.20.010--14.20.040 A-) 14.20.010 Title. This chapter shall be known as the "moving of buildings ordinance" and may also be referred to herein as "this chapter." (Ord. 86-53 §6(Exhibit E §1), 1986) 14.20.020 Definitions. For the purposes of this chapter, the following mean: (1) Building. "Building" means a building that ex- ceeds eight feet in width, or as loaded for moving, extends upward more than 13.5 feet from the ground. (2) Building Official. "Building official" means the designee or designees appointed by the director of community development who is responsible for the building inspections and enforcement of the building code. (3) City Engineer. "City engineer" means the city engineer or the city engineer's designee responsible for enforcing this chapter. (4) Street. "Street" means any highway, road, street or alley as defined in ORS 487.005(1) and (8). (Ord. 86-53 56-(Exhibit E §2) 1986) 14.20.030 Permit required- (a) No person shall move a building across or along a street without first applying for and obtaining a permit under this chapter. (b) No person shall move a building across or along a street in violation of a provision of this chapter or of the provisions of the permit issued under this chapter. (Ord. 86-53 §6 (Exhibit E §3), 1986) 14.20.040 Permit application--Fee. (a) Application for a permit to move a building shall be made to the building official on forms provided by the building official and shall include the following information: (1) The name and address of a person who owns the building; (2) The name and address of a person engaged to move the building; (3) The location from which the building is proposed to be moved and its zoning classification; (4) The proposed new site of the building and its zoning classification; (5) The proposed route for moving the building; (6) The dimensions, type of construction and approximate age of the building; (7) The use or purpose for which the building was designed; (8) The use or purpose to be made of the building at its new location; (9) The proposed moving date and hours of moving; (10) Any additional information the building official considers necessary for a fair determination of whether the permit should issue. 1 ` 181 (Tigard 11/15/86) r Jill 14.20.050--14.20.070 (b) In situations where the city's design review standards apply, the applicant shall also make application and submit all necessay information for design review approval. (c) An application shall be signed by the owner of the building to be moved or by the person engaged to move the building. (d) The permit shall not be issued until the applicant pays a permit fee to defray the costs of issuing the permit. The amount of the fee shall be set pursuant to the State Building Code fee schedule. (Ord. 86-53 §6(Exhibit E §4), 1986) 14.20.050 Permit application--Distribution and inspections. After receiving the application, the building official shall: (1) Inspect the building, the new site proposed for it, if it is to be relocated within the city, and the route proposed for moving it; .(2) Submit. a copy of the application to the.. chief, of police'-and city engineer and-request the chief..of -police and city engineer to review the application -for approval. (Ord. 86-53 §6(Exhibit E §5), 1986) 14.20.060 Utility installation protection. The permit shall not be issued unles- the applicant submits signed statements from the owners of the overhead electric wires and poles and other overhead utility installations along the route on which the building is to be moved that: (1) The moving will not interfere with or endanger the installations; or (2) The applicant has made arrangements to the satisfaction of the owners for protecting the installations, paying for whatever damage the moving causes them, and for reimbursing the owners for any costs of removal and reinstallation of the installations that the moving necessitates. (Ord. 86-53 §6(Exhibit E §6), 1986) 14.20.070 Performance bond. The permit shall not be issued until the applicant furnishes the city a performance bond executed by the applicant with a surety company authorized to do business in this state and approved as to form and amount by the city engineer. The bond shall guarantee that the applicant will: (1) Conform to all requirements imposed by the city relating to the moving of the building; (2) Promptly repair to the satisfaction of the city any damage to pavement, sidewalks, hydrants, sewers, water lines, streets, alleys, or other public or private property done or caused by the applicant, the applicant's servants or employees in moving the building; and ;l 182 (Tigard 11/15/86) 14.20.080--14.20.110 AffP i. (3) Within three months after the permit is granted, if the relocated building will be relocated within the city limits, have the relocated building ready for occupancy and use in accordance with the building and zoning regulations of the city in effect at the time the permit is issued. (Ord. 86-53 §6(Exhibit E 97), 1986) 14.20.080 Permit issuance conditions. The building official shall issue the permit subject to any necessary conditions if: (1) The application complies with the requirements of this chapter; (2) The moving can be accomplished without damage to property or, in case of damage to the property, it is consented to by the owner of the property or is to be paid for to the owner's satisfaction; (3) The building at its new site, if within the city, will conform to the requirements of the community develop- ment code; (4) All requirements of the building code ordinance (Chapter 14•.04 of this--code). have' •been: complied. with.: --(Ord: .86-53 56(Exhibit E §8), 1986) 14.20.090 Permit contents. The permit shall specify: r C (1) The route for moving the building; CC (2) The dates and times within which the moving is to be completed; and (3) Whatever additional.conditions the city engineer, building official, or chief of police considers necessary to satisfy ordinance requirements, to minimize the obstruction of traffic to protect property, and to protect the public safety and welfare. (Ord. 86-53 56(Exhibit E §9), 1986) 14.20.100 Permit revocation. (a)' The building official may refuse to issue a permit or may revoke a permit issued under this chapter if: (1) The permittee violates or cannot meet a requirement of the permit or a section of this chapter; or (2) Grounds, such as a misstatement of fact exist for revocation, suspension or refusal to issue the permit. (b) An appeal of a refusal by the building official to issue a permit shall be processed in the same fashion as provided in Section 14.04.080 of this code. (Ord. 86-53 §6(Exhibit E §15), 1986) 14.20.110 Liability. The permit shall not consitute an authorization for damaging property. The permit shall not constitute a defense against any liability the permittee incurs for personal injury or property damage caused by the moving. (Ord. 86-53 §6(Exhibit E §10), 1986) 183 (Tigard 11/15/86) 14.20.120--14.20.160. ' 14.20_120 Protection of streets and property. Equip- ment used to move buildings along or across the public streets of the city shall be equipped with pneumatic tires, which shall be the only part of the equipment to come in i contact with the surfaces of the streets, except planking as required by the city engineer. The city engineer may re- quire the permittee to proceed on planking of specified di- mensions when the city engineer considers the planking nec- essary to prevent damage to a public street or other proper- ty. (Ord. 86-53 56(Exhibit E §11), 1986) 14.20.130 Project to continue uninterrupted. Once a building has been moved onto-a public street under a permit authorized by this chapter, the person moving the building shall continue with the moving project without interruption until it is completed, except as the permit for the moving or the building official specifically allows to the con- trary. (Ord. 86-53 §6(Exhibit E §12), 1986) i 14..20.140 Cleanup. A-person moving a building under a permit authorized by • this 'chapter shall • .promptly'' remove : from • the public streets and private property all litter produced by the moving. (Ord. 86-53 §6(Exhibit E §13), 1986) 14.20.150 State highway use. The building offical may t ( waive any of the requirements of this chapter regarding `j- buildings to be moved through the city upon a state highway from and to points outside the city limits if: (1) Movement will be made pursuant to a permit issued by the appropriate state agency; (2) Notice of the proposed movement and a copy of the permit is submitted to the building official before the movement; and (3) The building official is satisfied that adequate precautions have been taken to protect the public safety and welfare. (Ord. 86-53 §6(Exhibit E §14), 1986) 14.20.160 Violation--Penalty. Violation of this chapter shall constitute a Class 1 civil infraction and shall be processed in accordance with the civil infractions ordinance, Chapter 1.16 of this code. (Ord. 86-53 §6(Exhibit E §16), 1986) 184 (Tigard 11/15186) w • i ~ 5 3- CITY OF TIGARD, OREGON ORDINANCE NO. 90-~_ AN ORDINANCE AMENDING TITLE 10 OF THE TIGARD MUNICIPAL CODE ADOPTING RULES FOR THE MOVING OF OVERSIZE LOADS. WHEREAS, Tigard Municipal Code Title 10, "Vehicles and Traffic", provides regulations for the use of City streets; WHEREAS, Tigard Municipal Code Title 10 is in certain respects, incomplete with regard to moving of oversize loads upon and across city streets; WHEREAS, the City Council desires to provide regulations for the moving of oversize loads; THE CITY OF TIGARD ORDAINS AS FOLLOWS: Section 1. The attached Exhibit "A" Chapter 10.50, is adopted and made part of the Tigard Municipal Code Title 10. Section 2. This ordinance shall be-effective 30 days-after its passage by the. Council, approval. by the--Mayor, and- posting by. the. City Recorder. PASSED% BY V11(trlIML)L vote of all Council members present after being read by number and title only, this /S day of `--M , 1990. Gt Cat y Whe tley, -Bepni ity Reco der APPROVED: This,::?,/5/ day of V Gt ",1990 Ge ald R.- ards, Mayor Approved as to form: Date !City Attorrfey ORDINANCE NO. / C> L-x ? Exhibit "A" Chapter 10.50 MOVING OF OVERSIZE LOADS Sections: 10.50.010 Title 10.50.020 Definitions 10.50.030 Permit Required 10.50.040 Permit Application - Fee 10.50.050 Permit for Moving or Relocating a Building Onto a Lot 10.50.060 Protection of Public or Private Property and Utilities 10.50.070 Certificate of insurance 10.50.080 Permit Issuance Conditions 10.50.090 Permit Contents 10.50.100 Permit Revocation 10.50.110 Liability 10.50.120 Protection of Streets and Property 10.50.130 Project to Continue Uninterrupted 10.50.140 Cleanup 10.50.150 State Highway/County Road Use 10.50.160 Moving Oversize Loads on Same Property ..,10.50.170 Violation- Penalty 10.50.010 Title ; t A. This chapter shall be known a the "moving of oversize loads ordinance" and may also be referred to herein as "this chapter." f 10.50.020 Definitions i A. For the purposes of this chapter, the following mean: t 1. Building. "Building" means any structure used or intended for sheltering any use or occupancy; 2. Building Official. "Building Official" means the designee or designees appointed by the Director of Community Development who is responsible for the building inspections and enforcement of the building code; 3. City Engineer. "City Engineer" means the City Engineer or the City Engineer's designee; 4. Street. "Street" means any highway, road, street or alley as defined in ORS 487.005 (1) and (8); 5. Structure. "Structure" means that which is built or constructed, an edifice or building of any kind, or piece of work artificially built up or composed of parts joined together in some definite manner; 6. Chief of Police. "Chief of Police" means the designee appointed by the City Administrator who is responsible for the PROPOSED REVISIONS TO CHAPTER 10.50 Page 1 administration of the Police Department and may also be referred to herein as "Chief"; 7. Oversize Load. "Oversize load" shall mean any building, structure; or commodity which is to be moved along any city street upon a flatbed truck, trailer, dollies, or similar vehicles, which has a loaded width exceeding 8 feet, and/or a load(ad length exceeding 50 feet total, and/or a loaded height exceeding 14 feet pursuant to ORS 818.080; 10.50.030 Permit Required A. No person shall move an oversize load across or along a street without first applying for and obtaining a permit under this chapter. B. No person shall move an oversize load across or along a street in violation of a provision of this chapter or of the provisions of the permit issued under this chapter. 10.50.040 Permit Application - Fee A. Application for a•permit to move an oversize load shall be made to the Building_.off•icial• on forms. provided -by. the Building Official•.and shall include the following information: 1. The name and address of a person who owns the oversize load; 2. The name and address of a person engaged to move the oversize. load; 3. The location from which the oversize load is proposed to be moved; 4. The proposed new site of the oversize load and its zoning classification; (if in the city) 5. The proposed route for moving the oversize load; 6. The dimensions, type of construction and approximate age of the oversize load; 7. The use or purpose for which the oversize load was designed; 8. The use or purpose to be made of the oversize load at its new location; (if in the city) 9. The proposed moving date and hours of moving; 10. Any additional information the Building official considers necessary for a fair determination of whether the permit should be issued. PROPOSED REVISIONS TO CHAPTER 10.50 Page 2 1 B. In situations where the city's design review standards apply, the applicant shall also make application and submit all necessary information for design review approval. C. An application shall be signed by the owner of the oversize load to be moved or by the person engaged to move the building. D. A fee of $10 shall be paid prior to the issuance of a permit. Should it be necessary for the City to provide any assistance in the moving of an oversize load, the applicant shall pay an amount equal to the cost of labor and/or materials, or any other cost incurred by the City. These fees, pursuant to this section may be amended by the city council by resolution. 10.50.050 Permit for Moving or Relocation of Buildings - Fee A. The movement or relocation of any building or structure (which would otherwise require the issuance of a building permit), within or into the City, to be placed on a lot within the City, shall in addition to the provisions of this chapter, comply with Chapter 14.20. 10.50.060 Protection of Public and Private Property and Utilities A. The issuance of an oversize load•permit is not: an approval to remove, alter, interfere, or endanger any public or private property, or utility without first having obtained in writing, the permission of the property owner(s), utility, or public entity to do so. B. The applicant shall have made arrangements to the satisfaction of the owner(s), utility, or public entity for protecting the installations or property, paying for whatever damage the moving causes them, and for reimbursing the owner(sj, utility,- or public entity for any costs of removal and reinstallation of the property that the move necessitates. 10.50.070 Certificate of Insurance A. A permit shall not be issued until the applicant furnishes proof of liability insurance with a surety company authorized to do business in this state, for the purpose of moving oversize loads, in an amount and form approved by the Building official. 10.50.080 Permit Issuance Conditions A. The Building official shall issue the permit subject to any necessary conditions if: 1. The application complies with the requirements of this chapter; 2. The moving can be accomplished without damage to property or, in case of damage to the property, it is consented to by the owner of the property or is to be paid for to the owner's satisfaction; PROPOSED REVISIONS TO CHAPTER 10.50 Page 3 3. The building at its new site, if within the city, will conform to the requirements of the Community Development Code; 4. All requirements of the building code ordinance (Chapter 14.04) have been complied with; 5. The applicant shall be responsible for notifying the Police Department, Fire Department, and all other affected agencies not less than that required by the agency, but not less than 48 hours prior to commencement of the move. 6. No move shall take place during the periods of 7am-9am, or 4pm- 6pm, without approval of the Chief of Police. 10.50.090 Permit Contents A. The permit shall specify: 1. The route for moving the oversize load; 2.. The dates and times within which the moving is to be completed; and 3. Whatever additional conditions the Building Official considers necessary to satisfy ordinance requirements, to minimize the obstruction of traffic to protect property, and to protect the public safety and welfare. 10.50.100 Permit Revocation A. The Building Official may refuse to issue a permit or may revoke a permit issued under this chapter if: 1. The permittee violates or cannot meet a requirement of the permit or a section of this chapter; or 2. Grounds, such as a misstatement of fact exist for revocation, suspension, or refusal to issue the permit. 10.50.110 Liability A. The permit shall not constitute an authorization for damaging property. The permit shall not constitute a defense against any liability the permittee incurs for personal injury or property damage caused by the moving. 10.50.120 Protection of Streets and Property A. Equipment used to move oversize loads along or across the public streets of the City shall be equipped with pneumatic tires, which shall be the only part of the equipment to come in contact with the surfaces of the streets, except planking as required by the City Engineer. The City Engineer may require the permittee to proceed on planking of specified dimensions when the City Engineer considers the PROPOSED REVISIONS TO CHAPTER 10.50 Page 4 planking necessary to prevent damage to a public street or other property. 10.150.130 Project to Continue Uninterrupted A. once an oversize load has been moved onto a public street under a permit authorized by this chapter, the person moving the oversize load shall continue with the moving project without interruption until it is completed, except as the permit for the moving of the oversize load specifically allows to the contrary. 10.50.140 Cleanup A. A person moving an oversize load under a permit authorized by this chapter shall promptly remove from the public streets and private property all litter produced by the moving. 10.50.150 State Highway/County road Use A. The- Building official may waive any of the requirements of this tchapter regarding oversize. loads to. be moved through the City upon a county road or state highway from and -to points outside the City limits if: 1. Movement will be made pursuant to a permit issued by the appropriate state agency; 2. Notice of the proposed movement and a copy of the permit is submitted to the Building Official before the movement; and 3. The Building Official is satisfied that adequate precautions have been taken to protect the public safety and welfare. 10.50.160 Moving Oversize Loads on Same Property A. Subsection 10.50.030 shall not apply when an oversize load is moved on the same or private property, or along a private street not controlled or maintained by the City, except that Section 10.50.050 shall apply in all cases. 10.50.170 Violation - Penalty A. Violation of this chapter (except for Section 10.50.050) shall constitute a Class 1 infraction and shall be processed in accordance with the Civil Infractions Ordinance, codified in chapter 1.16 of this code. br/Moving.bcr PROPOSED REVISIONS TO CHAPTER 10.50 Page 5 AGENDA UEM U 2 - VISITOR'S AGENDA DATE 5/21/90 (Limited to 2 minutes or less, please) Please sign on the appropriate sheet for listed agenda items. The Council wishes to hear from you on other issues not on the agenda, but asks that you first try to resolve your concerns through staff. Please contact the City Administrator prior to the start of the meeting. Thank you. NAME 6 ADDRESS TOPIC STAFF CONTACTED PLEASE PEUNT - G c D34.~ 0j z ct u Cv~t2c T~ DALE C. DEHARPPORT RONALD D. TRAVER P.O. BOX 1577 BEAVERTON, OREGON 97075 plfl t March 27, 1990 Sfuc! y City of Tigard j~/~ P.O. Box 23397 Tigard, Oregon 97223 cJ. Subject: Case # CPA 89-06- Burnham/Tigard Realignment Sc t7p G`k"~ `'"l Dear Mr. Murphy: We own property known as Tax Lot 5300 and 5301, 1S12AB. This property is on the north side of Burnham St. The new transportation ----SJ comprehensive plan map slices diagonally through our property. Last fall, when we attended the public hearing regarding this project, everyone was hopeful that the Tax Increment Funding Program would be approved. Since this tax measure failed, we are uncertain about what the city's intentions are regarding the realignment of Burnham St. We want to sell our property. The value can not be determined until the street issues are resolved. Can you tell us what the time frame will be, if and when this road will be built? Can you tell us if the city will buy all or part of our property and at what price? Can you tell us what alternatives are available to us to use our property until the new road is built? We are extremely upset and frustrated by the city's actions. As long as this "cloud of uncertainty" hangs over our property we don't know what to do. Whenever we tell a prospective purchaser that a road may go-through the property someday, we never hear from them again. We would like to discuss this issue with the staff and then get i on the first available City Council agenda. I Yours truly, I Dale C. DeHarpport 9845 S. W. Walnut Place Tigard, Oregon 97223 (503) 639-3181 May 9, 1990 Tigard City Council The Honorable Gerald Edwards, Mayor Tigard City Hall Tigard, OR 97223 To the City Council: In 1989, the City Council amended the Comprehensive Trans- portation Plan to include a street connecting Ash Street with the intersection of Pacific Highway and Walnut Street. While funding for this street did not pass the voters, the proposal for the street remains. Since no specific routing has been es- tablished, the proposal creates a cloud over the titles to all properties along the route. Therefore, the Administrative Council of Tigard United Methodist Church, at its regular meeting on May 8, 1990 unan- imously passed the following statement: "We request that the City of Tigard remove the pro- posed Walnut-Ash Connector from the Comprehensive Transportation Plan." Thank you for all your work on behalf of the citizens of our community. We appreciate your many hours of dedicated service. Sincerely yours, TIGARD UNITED METHODIST CHURCH Mid a inley, Chai Ad inistrative Council Vernon A. Grove Pastor RA-B:wm Serving at the center of the community since 1911 11830 S. W. Wildwood St. Tigard, Oregon 97224 May 10, 1990 City Council City of Tigard 13125 S. W. Hall Street Tigard, Oregon 97223-0397 I have a prospective buyer for my property at 9655 S. W. McKenzie Street, a thirty-six unit apartment complex. In order to negotiate a sale. I have been informed that it is necessary to disclose the City-of Tigard's intention to build a road connecting Walnut Street with Ash Street which could involve the removal of one of my buildings. The proposed street connection is indicated very roughly on.the city's master plan,.but no specifics are given as to what properties would be destroyed to build it. I first became aware in July. 1989, of the city.'s intention of building this road. At the last City Council meeting we attended last year concerning this matter, it was pointed out there were three or four possible routes for the proposed road which could involve my property, the Methodist Church property, the Davidson Restaurant and Car Wash property, and the Kings Choice Apartments, and this was supposed to be resolved by deciding on a definite route for this connection. I have been informed that as of,:this date nothing has been done in this regard. This is an unreasonable situation and the City Council should immediately proceed to clear this cloud on the properties involved. Please advise what the intentions of the Council are. Your answer is urgently needed as to whether my property will be affected. Very truly yours, Kenneth V. Allison -77 F`77i May 10, 1990 City Council and C~ City Manager P.O. Box 23397 Tigard, OR 97223 RE: Ash-Burnham Extension This letter is to request that the titles on our properties located on the corner of Walnut Place and Pacific Highway be cleared of any obstacles that have resulted from planning of the Ash-Burnham extension. Pledse advise us of any progress made on this matter. We will follow-up in about thirty days. Sincerely, William G. & Dixie L. Davidson 12830 S. W. Pacific Hwy. Tigard, OR 97223 639-5111 C .l~ ~I PMSI . 7;^ May 1, 19 9 0 MAY 16 1990 'ii City Manager Pat Rielley~^~; ;:t?. s May and City Council City of Tigard P. O. Box 23397 Tigard, Oregon 97223 RE: ASH AVENUE, BURNHAM/TIGARD REALIGNMENT Dear City Manager, Mayor and City Council: The following comments are offered on behalf of Property Management Services, Inc. (PMSI), managing agents of the Kings Choice apartment complex off of Highway 99W and SW Walnut Place in Tigard. PMSI testified at public hearings on the amendment to the Comprehensive Plan Transportation Map (CPA 89-06) which were conducted in June and July of 1989 regarding the Ash Avenue extension and Burnham/Tigard realignment. PMSI went on record in opposition to the amendment to the Transportation Map for the following reasons: 1. Loss of any units will impact the viability of the entire Kings Choice complex 2. Negative impact of roadway project on existing stock of affordable house (70 units rented at below market rates) 3. Uncertainty regarding timing of project and funding mechanism for road construction The Planning Commission and City Council also received extensive opposition to the amendment from other affected property owners and residents. However, the City Council did proceed to amend the Transportation Map to reflect the Ash Avenue extension and Burnham/Tigard realignment. At the time the amendment was approved, the city anticipated that the Downtown Urban Renewal district and plan would be approved by the voters and a detailed alignment for the Ash Avenue extension would be funded as a first renewal project. Given the lack of voter support for the Downtown Urban ( Renewal District, the whole issue of the Ash Avenue extension is drifting and the city has not proceeded with detailed alignment and cost/funding studies. Property Management Services, Inc. ~ q 1104 Main Street. Suite 500. Vancouver. Washington 98660.2980 Accredited ;.f ~Sg~ Vancouver (206) 696.9000 or Portland (503) 227.3000 Management Mailing Address: P.O. Box 7. Vancouver. Washington 98666-0007 Orgoti~ation` ! e.YS r City Manager, Mayor and City Council May 1, 1990 Page 2 Designation of the "proposed" roadway on the Transportation Plan places a cloud of uncertainty over the Kings Choice complex and other properties in the area. It is our position that the City Council needs to bring closure to this issue and provide certainty needed by property owners in the downtown area. If the City cannot move forward with detailed alignment studies and implementation, then the designation of the "proposed" roadway places an unfair and unnecessary burden on property owners and residents of Tigard. We request that the City Council schedule discussion of the status of the Ash Avenue extension and Burnham/Tigard realignment at a City Council meeting. Notice of the meeting should be provided to all parties who participated in the public hearing process on this issue. We look forward to hearing from you on this item. Sincerely, r Ron Snedden, CPM Property Management Services, Inc. Managing Agent CARL H. JOHNSON` r go 8965 S. W. Burnham Street 17 Mar. 1990 Tigard, Oregon 97223 (503) 684-5263 Tigard Planning Commission Re: Public Hearin; 3/20/90 13125 S. W. Hall Blvd. Periodic Review Tigard, Oregon 97223 Comprehensive Plea Land Use Regulations There is an inherent unfairness in the Sensitive Landa Section of the Tigard Community Development Code and Comprehensive Plan that needs correction. Lot me illustrate. My property on Fanno Creek is, except for one small parcel, the last one south in the city. It is not wetland. It has one sere within the 100 year flood plain. Under the Plan and Regulations it appears I am expected to absorb the increasing runoff of all the new develop- meirts upstream. To my personal knowledge dating back to 1947 areas bordering Fanno Creek and on tributaries have been filled to bring then above flood levels. Note the flat A-Boy yard, the Puget Co. yard on Bonita Read and the creek sides of various lots between Bonita and Durham Roads. This filling makes sense. It is totally wrong to expect property owners of the loner Fanno Creek area--Wain Street to Durham City to absorb- hold the exesss water caused by developments of Beaverton, Tigard and take Oewege. To correct this unjustioe and some others the comprehensive Plats and Land Use Regulations need revision. Owners should be allowed to protect their properties from high waters. Isn't that what is done along the Mississippi River fill and dike; and the City of Tualatin having required 4 to 5 foot fill downtown?. .In isy ease there is a bridge on Durham Road abutting the property. I should in fairness be allowed to fill at least up to the road level. This would still allow the maximum flow that can go under the bridge to pass downstream. Also, in this context, requiring the donation of land to the city is clearly unlawful. I refer you to the Nollan decision of the U. S. Supreme Court. Further elaborations on these and other related parts of the Plan and Regulations dealing with land alteration, land donation, land subdivision, eta. will have to await the public hearing and if I cannot be present I request to be allowed to mail them in later. lespeetfully submitted, ~Q ~a~) QFCEii W PUIgNNo Carl H. .fo nsoa MAR 211990 MEMORANDUM CITY OF TIGARD To: Mayor and City Council May 11, 1990 From: Patrick J. Reilly, City Administrator Subject: Request for reimbursement of sewer costs. Issue: A citizen has made a request to the City for reimbursement of. costs incurred in extending the public sanitary sewer, and requiring another Property owner to pay a sewer surcharge for not participating in the cost of extending the public sewer. The staff has attempted to resolve the issue between the two owners involved, with no success. The staff has no authority to effect any refund for sewer extensions. The questions before the Council are: 1. Should the City reimburse a citizen for part of the cost incurred in extending a public sewer, were no previous agreement for payback has been made? 2. Should the City force payment of a sewer surcharge on a citizen who was inadvertently-not charged at time of issuance of a permit? History: Mr. Steve Knebel (14535 SW 97th Ave) has requested that he be reimbursed for one-third the cost of a public sewer he was required to build in 1984. Please see his attached letter. In May of 1984, Mr. Steve Knebel made a request for a minor land partition to create two residential lots. One lot was contained an existing house, the other was for construction of a new residence. A condition of approval of the partition, was that Mr. Knebel extend the public sanitary sewer 80 feet to serve the new and existing residences. Mr Knebel complied with the condition, divided the lots and constructed the new residence. Mr. Knebel eventually sold the property with the existing house (14525 SW 97th Ave) to Mr. Jim Corliss (9750 Sw Inez St). Along with the sale of the existing house went the rights of sewer participation for the property. In February of 1988, Mr. Corliss made application to connect his property at 9750 SW Inez St to the public sewer. Because he owned the property at 14525 SW 97th Ave, he granted himself an easement to through that property to connect to the available sewer lateral (and transferred participation to the sewer extension from that property to his 9750 SW Inez St). The property at 14525 SW 97th Ave was to pay the $3000.00 "In Lieu of Assessment" fee when it connected to the sewer at a later date. During the course of excavation to connect his home to the sewer, Mr. Corliss found that the property at 14525 SW 97th Ave had already been connected to the sewer, there was however, no records of a permit issued to connect the house. Mr. Corliss requested that the city allow him to connect both houses to the same sewer lateral, along with him paying for the permit for 14525 SW 97th Ave. The City approved the connection and Mr. Corliss paid the permit fees for connection of both houses (however the "In Lieu of Assessment " fee was inadvertently not charged). It would seem that Mr. Rnebel would have recovered some of his costs when he sold the property at 14525 SW 97th Ave, because the property would have had a greater value with sewer available to it. His being required to extend the public sewer did however, result in the benefit to Mr. Corliss's property at 19750 SW Inez). i Alternative "A": f 1. Deny Mr. Rnebel's a request. 2. Approve Mr. Rnebel's request, refunding to him 1/3 the cost of construction. 3. Refund to Mr. Rnebel 1/6 the cost of the sewer. Mr. Rnebel should be entitled to recover a maximum of 2/3 the cost of the sewer. Since Mr. Rnebel sold the lot with the existing house (14525 SW 97th Ave) he would presumably would have included in the selling price 1/2 of his cost for the sewer, thus he - has recovered 1/2 of the cost _as of this date. The 1/6 refund would therefore provide Mr. Rnebel with a total recovery of 2/3 the cost. Alternative "S": 1. Take no action to require Mr. Corliss to pay any' further sewer surcharge fees. 2. Require Mr. Corliss to pay the $3000 "In Lieu of Assessment" fee, as prescribed by City Ordinance. 3. Require Mr. Corliss to pay an "In Lieu of Assessment" fee equal-to 1/6 the cost of the sewer. Each property would then have been assessed an equal share of the cost. Mr. Knebel has submitted copies of bills for the work. The total of the appropriate charges to be considered is $8,922.00. A 1/3 refund would total $2,974.00 A 1/6 refund would total $1,478.00 t ~n a. e,SSlDl1 r war~_~_~ _ ~_.~_~~...~..w _ ~~;'I'I'71ty1!I Illlil~ III ilk I I I I I I I I i i I i I _ I I I 111 III 1.1 1 1 DTI !'n I I I I i I I r I I I I I I~~i I I I. I-.~. 1.1~ ~..I 1 1 1 I, I I I ~I I I i f1'I 1 1 1 1 1 1 I i I i i i i i i i l i i i I l i i I i i i i i I ~ I I__1. L~J__ I_ I _tl.. J_!_I I I! I I-J I I!_J I I I I LI I I! 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WwpIpWIII1IUlWD1WUIIIIIIIWIWIIIIN ARY.I, , - __--T ,w _ _ i - 5-21-98 11:26a EverFax Carl Springer I Page 1 of 3 Y ~5i tv~s .Q ~ C ~ MEMORANDUM S I/ 7 I CD To: Deborah Johnson From: Carl Springer Subject: Review of Traffic Issues on North Dakota Street, Tigard OR Job No.: DBO Date: May 21, 1998 STREET CLASSIFICATION North Dakota Street is designated as a minor collector in the City's Comprehensive Plan Transportation Map. Reference is made in a City staff report of a possible misinterpretation of that plan when the street was connected to Sorrento Road which is an arterial street in the City of Beaverton. After reviewing the local circulation plans, it appears that the core of the circulation problem has to do with the discontinuity of the regional arterial street systems at the border of the Cities of Tigard and Beaverton. If 121st Avenue were aligned with an arterial street in Beaverton, the present problem on North Dakota Street would likely be minimal. Because of this discontinuity, North Dakota Street functions more like a major collector street despite its minor collector designation. A true minor collector street should serve neighborhood residents and businesses with connections to the City's arterial street system. In general, they are not intended to carry "through" traffic (i.e. motorists that neither live or work in the neighborhood). Typical daily volumes on these minor collector streets are 1,999 to 2,099 vehicles per day. EXISTING TRAFFIC CONDITION The most recent volume count (February 1990) was 3,800 vehicle per day which is roughly two to three times the typical volume cited above. It is estimated, given the surrounding low density residential development, that at least half of that volume could be "through" traffic. The reported concerns by neighborhood residents identify traffic speeds, volumes, and their related safety issues for pedestrians. • The traffic speed data on North Dakota Street appeared to be quite typical for a 25 MPH posted street. About two-thirds of the vehicles were observed at 30 MPH or less, and only 6 percent exceeded the speed limit by 10 MPH or more. This is actually fairly good speed limit compliance, and, by itself, should not pose a safety problem. • The central issue for North Dakota Street should be to reduce "through" traffic since it accounts for about half of the total traffic volume. ALTERNATIUES TO REDUCE "THROUGH" TRAFFIC ON NORTH DAHOTA STREET Many alternatives have been discussed and evaluated by City staff and f local residents to reduce speeds and "through" traffic. As mentioned above, traffic speed by itself does not appear to be a safety issue although it is a common concern by residents. Comments are made below on the alternatives that will reduce through traffic. 5-21-90 11:26a EverFax Carl Springer rage 2 or 5 1. Prohibit Through Truck Traffic. Through truck traffic should be restricted to the arterial street system, and be required to use only City designated truck routes. However, truck traffic typically accounts for less than 5 percent of the total vehicle volume, and its removal would still leave a large "through" traffic volume. 2. Prohibit All Through Traffic. As mentioned in the staff report, this measure is ineffective because it is unenforceable, with the exception of trucks. 3. Cul-de-sac North Dakota Street north of Anton Drive. This would eliminate "through" traffic on North Dakota Street. The estimated 1,500 to 2,000 vehicles per day of "through" traffic would be diverted to 121st Avenue and Scholls Ferry Road which are designated as a major collector and arterial street, respectively. If planned capacity improvements are made at the 121st Avenue/Scholls Ferry intersection, the impact of this diversion should be minor since a four-lane major street is designed to carry up to 25,000 vehicles per day. If the road closure were made just north of Springwood Drive instead of at Anton Drive, an additional outlet to Scholls Ferry Road would be possible via Springwood Drive and Summer Lake Drive, and it would be a much less desireable route for "through" traffic. This modification to the original closure plan should ameliorate the reported concerns from police and fire officials regarding response time since the travel distance from all directions would be roughly the same as exists now. 4. Create new east-west Collector Street between 121st Avenue and North Dakota Street. Augmenting the street closure with an additional collector street parallel to Anton Drive would lessen the impact to Scholls Ferry Road and 121st Avenue (which will be minor anyway), and still eliminate "through" traffic on North Dakota Street west of 121st Avenue. However, it may not be very attractive since it is offset from the North Dakota Street east of 121st Avenue. In addition, it would significantly increase traffic turning movements to and from 121st Avenue at an unsignalized location which would add to delays and safety problems for through traffic on 121st Avenue. 5. Install Disincentives. The existing circulation pattern could be maintained and "through" traffic diverted by placing negative incentives on North Dakota Street west of 121st Avenue to discourage non-residents from using this route. A variety of options are available: Install 4-way stop signs at every other intersection. This could be permitted by City ordinance as a traffic circulation measure to forego the requirements in the "Manual on Uniform Traffic Control Device". Install street "chokers" at the intersections with Anton Drive and Summer Crest Drive to narrow the wide street, and to re- enforce the residential character of the street. These "chokers" usually are added to the intersection corner with large radius raised islands that include planters and interlocking pavement blocks. The clear distance between opposite chokers should be no more than 30 feet. i Install "pavement undulations" at 1000 foot intervals. A t a z 5-21-90 11:26a EverFax Carl Springer "pavement undulation" is an elongated speed bump that gives the benefit of discouraging unsafe speeds without the abruptness of a typical speed bump found in private parking lots. Pavement undulations usually span across the width of the street, are 12 feet long and gradually rise to a height of 4 inches at its peak. These are constructed by an asphalt overlay. 5. Extend 121st Avenue as a Major Collector Street into the City of Beaverton. The above alternatives attempt to reduce the cons- equences of the basic street system discontinuity between the two cities. Joint planning efforts should be made at the regional level to resolve this circulation conflict. RECOMMENDATIONS Based on the foregoing discussion and review of the applicable correspon- dence, the following recommendations are made in order of preference. A. Extend 121st Avenue as a major collector street into Beaverton. B. Close North Dakota Street north of Springwood Drive. C. Inotall disincentives on North Dakota Street to discourage "through" traffic. Stop signs are by far the least expensive and most effective. , t CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: May 21, 1990 DATE SUBMIT=: May 14, 1990 ISSUE/AGENDA TITLE: Approval of /PREVIOUS ACTION: Council Decision Surface Water Management Agreements; to Participate in SWM Program with Unified Sewera a Agency USA PREPARED BY: Patrick J. Reilly DEPT HEAD OK CITY ADMIN OK REQUESTED BY: PO CY ISSUE Shall the City of Tigard participate in the Surface Water Management (SWM) Program as outlined in the attached agreement? INFORMATION SUMMARY In response to the mandated requirements to clean up the Tualatin River, the f City of Tigard has engaged in discussions with USA to develop a County wide SWM Program. ; YThe attached agreement provides for the surface water management as a shared responsibility between USA and the City of Tigard. The attached agreement combines the sanitary sewer and surface water management functions. Two agreements are attached for Council consideration: the basic agreement for SWM, and the City Committee agreement. It is essential for the City Council to adopt the agreement by the end of May in order for the effective date to be July 1, 1990. i. ALTERNATIVES CONSIDERED FISCAL IMPACT Initially, there will be a $3/month charge of which the City will receive $2 to support our local SWM function. Operating expenditures will not exceed revenue. Details of program implementation are not yet finalized. The local $1.50 fee will be eliminated. SUGGESTED ACTION Staff recommends approval of the attached two agreements and authorization granted to the Mayor and City Recorder to sign. cw usaswm.ccsum fi ( AGREEMENT THIS AGREEMENT is made and entered into as of the day of 1990, between the City of Tigard, a municipal corporation of the State of Oregon, hereinafter referred to as "City," and the Unified Sewerage Agency of Washington County, a municipal corporation and county service district, hereinafter referred to as the "Agency." WHEREAS, the Agency was duly formed and organized under ORS Chapter 451, has the authority to provide sanitary sewerage treatment facilities, and to provide for storm and surface water management within its boundaries; and City is within the Agency by action of its Council and pursuant to an election duly conducted within the boundaries of the Agency; and WHEREAS, City and Agency have the authority to enter into contracts for the cooperative operation of service facilities under ORS 451.560 and ORS Chapter 190; and WHEREAS, Agency has developed a master plan and a•master plan update-for sewerage facilities, and a surface water management plan, and is in a position to coordinate and unify treatment facilities and storm and surface water, and regulation of waste water quality and quantity into an integrated system for the areas within the Agency; and C WHEREAS,. City and Agency previously entered into an Agreement for the cooperative operation of sanitary sewer service facilities, and said Agreement is in need of amendment to address surface water management functions and other issues; and it would-be in the best interest of the Agency and City to consolidate provisions of the original agreement, previous amendments, and additional amendments into a single document. NOW, THEREFORE, in consideration of the covenants and agreements to be kept and performed by the parties hereto, it is agreed as follows: Section 1. Definition of Terms Wherever the following terms are used in this agreement they shall have the following. meaning unless otherwise .specifically indicated by the context in which they appear: A. Board shall mean the Board of Directors of the Agency, its governing body. B. Connection Charge means the amount charged for connection to the sanitary or storm and surface water system. C. Council shall mean the City Council, governing body of the City. ti i a D. Dwelling Unit (DU) means a separate living unit with kitchen facilities including those in multiple dwellings, apartments, mobile homes and trailers. For nonresidential properties, a DU or Dwelling Unit Equivalent (DUE) shall be determined by Agency Ordinance, and Agency resolutions adopted thereunder. E. Equivalent Service Unit (ESU) is the unit of impervious surface area which generates the storm and surface water runoff equal to a single family residential property, as determined by Agency Ordinance, and Agency resolutions adopted thereunder. F. Impervious Surface Area includes all areas that have been altered from their natural state such that they do not allow the infiltration and retention equivalent to that of undisturbed soil. This shall include, but is not limited to pavement, buildings, decks, parking areas, and compacted gravel areas. G. Industrial Waste means any liquid, gaseous, radioactive or solid waste substance or a combination thereof resulting from any process of industrial or manufacturing business, or from the development or recovery .of.natural resources.. For the purposes of this agreement, Industrial Waste shall also include any substance regulated under 33 USC Sec 1317, together with regulations adopted thereunder. H. Operation and Maintenance means the regular performance of work required to assure continued functioning of the storm and surface water'system and the sanitary sewerage system and corrective measures taken to repair facilities to keep them in operating condition. I. Order means Resolutions, Orders and Directives of the Agency prescribing standards and conditions for construction or use of the storm and surface water facilities and the sanitary sewerage facilities, and rates and charges therefor. J. Permit Application and Inspection Fee means fees charged- an applicant for permits and related inspections for connections to the storm and surface water system and the sanitary sewerage system. K. Person means the state of Oregon, any individual, public or private corporation, political subdivision, governmental agency, municipality, industry, copartnership, association, firm, trust, estate or any other legal entity whatsoever. L. Sanitary Sewerage System means any combination of sewer treatment plant, pumping, or lift facilities, sewer pipe, force mains, laterals, manholes, side sewers, laboratory facilities and equipment, and any other facilities for the collection, conveyance, treatment and disposal of sanitary sewage comprising the total publicly-owned sanitary sewerage system within Agency jurisdiction, C~ to which storm, surface and ground waters are not intentionally admitted. Page 2 M. Sanitary Sewer Service Charge means a regular charge to a property owner or occupant of designated premises for the use of the sanitary sewerage system. N. Sewage Treatment Facility means any facility designed for the purpose of the appropriate treating, holding, disposal, and discharge or reuse of sanitary sewage, including byproducts of such treatment processes. 0. Sewage Collection System means any system of pipes, and pumping facilities designed for the collection of sanitary sewage for the purpose of transporting such material to a sewage treatment facility. P. Standards means the standards and conditions of use of the storm and surface water system and the sanitary sewer system as specified and adopted by the Agency. Standards also shall mean applicable statutes and rules of the United States and the State of Oregon. Q. Storm and Surface Water Service Charge means a regular charge to a property owner or occupant of designated premises for the contribution of runoff or pollution, (as defined in ORS 468.700), or both to the storm and surface water system. R. Storm and Surface Water-System means any combination of publicly owned storm and surface water quality treatment facilities, pumping, or lift facilities, storm drain pipes and culverts, open channels, creeks and rivers, force mains, laterals, manholes,.catch basins and inlets, detention and retention facilities, laboratory facilities and equipment, and any other publicly owned facilities for the collection, conveyance, treatment and disposal of storm and surface water comprising the total publicly owned storm and surface water system within Agency jurisdiction, to which sanitary sewage- flows are not intentionally admitted. S. Storm and Surface Water System Development Fee is a charge for construction or other activity that causes or is likely to cause, an increase from the natural state of storm water runoff quantity or pollution, (as defined in ORS 468.700), or both, to the storm and surface water system. Such fee is for capital improvements associated with such construction or other activity, and may be a reimbursement fee or a fee for improvements to be constructed. a Page 3 Section 2. Operating Procedures and Relationships A. The City agrees to: 1. Follow and enforce the orders promulgated by the Agency, and to notify Agency of apparent violations thereof which may require Agency legal action. The Agency, in cooperation with the Cities and the Committee formed in Section 5-A-3, shall adopt policies, standards, specifications, and performance criteria necessary for the proper and effective operation of the Agency and to comply with State and Federal permits, laws and regulations. 2. Refer persons who may require an industrial waste discharge permit to the Agency. City shall not issue any sanitary sewer permit to non-residential customers without verification that the Agency has issued an industrial waste permit, or the Agency-has determined that none is required. 3. Provide notice to and obtain Agency review and approval of plans and specifications as the Agency may require for any addition, modification or reconstruction (other than repairs) of the publicly-owned sanitary sewerage system prior to undertaking work thereon. 4. trovide notice to and obtain Agency review and approval of plans and specifications as the Agency may require prior to allowing any addition or construction (other than repairs) of the publicly-owned storm and surface water system to insure conformance to adopted Agency standards, orders, and master plans. 5. Obtain Agency review and approval prior to entering into any agreement for the use of the storm and surface water system or the sanitary sewerage system, other than for issuance of connection permits. 6. Inform the Agency in writing not less than 30 days prior to initiating or entering into any agreement for the financing or incurring of indebtedness relating to the storm and surface water system or the sanitary sewerage system. City shall not obligate any Agency revenues of the sewer fund or storm and surface water fund, nor shall facilities of the sanitary or storm and surface water system be obligated for any debt. 7. Establish in its record a separate account for the storm and surface water program and one for the sanitary sewerage program for the purpose of / accounting for connection and user fees collected and received by the City pursuant to this agreement. Page 4 8. Allow the Agency access at any reasonable time upon reasonable notice to inspect and test storm and surface water facilities and sewerage facilities within the City. i F f 9. Grant the Agency permits from time to time as may be necessary for the installation of storm and surface water facilities and sewerage facilities in the public streets and ways of the City without imposing permit issuance fees, provided that the Agency shall adhere to any conditions required pursuant to ORS 451.550(6). #i 10. Take such curative or remedial action as and when necessary to maintain that portion of the publicly-owned sanitary sewerage system under the jurisdiction of the City in accordance with prescribed Agency standards, subject, however, to budgetary limitations and to the extent that the City may be lawfully authorized to act. 11. Follow and accomplish the work program developed. by the Agency for the storm and surface water program-for that portion of the publicly-owned storm and-surface water system under the jurisdiction of the City as. defined in Section 3-A in accordance with prescribed Agency standards, subject, however, to budgetary limitations and to the extent that the City may be lawfully authorized to act. 12. To issue no new permit for the construction. within, or modification to a wetland, floodway, or floodplain without first receiving the written approval by the Agency to do so. This paragraph shall not apply to permits issued by City pursuant to a current permit under 33 USC Section 1344(e), (a section 404 general permit), and within the scope of such permit. 13. To pursue when feasible and appropriate the conversion of storm and surface water facilities from private to public ownership, through the acquisition of easements and other property rights as necessary, for those privately owned storm and surface water facilities which are identified as being necessary or appropriately apart of the public system. Page 5 Section 3. Ownership and Responsibilities t, A. The City shall be responsible for the installation, construction, operation, maintenance, repair, replacement, and financing; processing of non-industrial and erosion control permit applications; inspection of connections; billing, collection, accounting and recording connection fees, inspection fees, and monthly service charges; within its corporate limits and within the purview of this agreement for the following facilities and functions: 1. Sanitary sewer lines and facilities having a diameter of less than 24 inches, unless otherwise agreed to by the Agency and City. 2. Storm and surface water facilities within the City, and the portions of the total work program, to be the responsibility of the City are identified and described in the Program Summary and Map, hereby incorporated as Exhibit A. This Program Summary and Map may be modified from time to time by mutual written agreement of the City and Agency. B. The Agency shall be responsible for the installation, construction; operation, maintenance, repair, replacement, and the financing thereof, of all publicly owned storm and C surface water facilities, and sanitary sewerage facilities within the City not identified in Section A above. In addition, the Agency shall have exclusive jurisdiction over industrial waste discharges with regard to permits, service fees, billings, collection, regulations and enforcement. Upon receipt of any application for an industrial waste discharge permit within a City territory, the Agency shall so inform City and shall coordinate with any other applicable development or construction permits of City. C. The City previously transferred to Agency certain real and personal property of the sanitary sewerage system. The City hereby transfers, assigns and set over to the Agency all of the City's ownership interests in and to the storm and surface water facilities of the City listed in Exhibit A and described in Section B above, as being the responsibility of the Agency. City further transfers to Agency all easements, rights-of-way and permits held by the City with respect to the foregoing but subject to the terms and provisions thereof, to all of which the Agency shall be bound and conform and shall save, hold harmless and indemnify the City from any failure to conform thereof, to the extent allowed by law. City and Agency shall execute all documents necessary to transfer title to any real property interests by December 31, 1990. Page 6 With respect to all.transfers of fee title to real property, each party shall have the right, at its expense, to perform an environmental assessment prior to accepting title to property. Any terms and conditions prescribing cleanup of the property shall be subject to negotiation of the parties and included in the instrument of transfer of the property. D. The City hereby excepts and reserves to itself all interests in real property not expressly to be transferred by this agreement, including all such property utilized in connection with treatment facilities; provided, however, that the City does hereby grant to the Agency consent for the nonexclusive use of such lands as may be necessary to enable the Agency to own, operate and maintain such facilities. E. Agency will not establish local assessment districts within the City, without first obtaining City approval. F. Agency will process applications from City pursuant to Section 2-A-12 for Wetland, Floodplain, and Floodway modifications. Upon review and approval by USA, and upon request by City, the Agency shall act as a facilitator and liaison for State and Federal review and permit processes. Section 4. Administration, Operation and Maintenance of Sewerage Facilities A. City and Agency agree that: 1. City and Agency agree to divide revenues collected pursuant to-this agreement as follows: a. To remit payments on a monthly basis, with a report on Agency-designated forms. b. Payments shall be due upon 30 days of receipt of the revenue by the billing party, unless the payment has been appealed by the billing party. If the payment has been appealed by the billing party under the dispute resolution process of Section 6, the amount in dispute may be withheld or paid without prejudice to either party. CC. Page 7 C. The Agency Board shall determine and certify annually for the sanitary sewerage program, and \ for the storm and surface water program, the portion of the monthly service charge, and the portion of the connection charge allocated for each of the following: i. Retirement of revenue bonds ii. The portion required for the City system as defined in Section 3-A iii. The portion required for the Agency responsibilities d. City shall remit to the Agency the portion of sanitary sewer service charges and connection fees collected, and storm and surface water service charges and connection fees collected, as identified in Sections 4-A-1-c-i and iii, and shall retain the service charge and connection fee revenue identified in-.Section 4-A-1-c-ii. e. City may charge and collect a service charge or connection fee at.a higher rate per EDU than that set by the Agency when the City determines it is needed for the local City system. The City-shall retain 100% of these additional revenues • collected. Such additional charge shall be consistent with applicable federal rules in order to preserve eligibility for grants and other funding programs. f. For connection fees paid by "Bancroft" financing, the billing party shall remit the portion. of each payment collected, including interest on the Bancroft payment, as determined in Section 4-A-1-c. g. For permit and inspection fees for private development construction of public storm and surface water facilities and sanitary sewer facilities, and for erosion control permit fees, the City shall remit to the Agency a fee to compensate the Agency for its costs for services performed relative to these fees, as prescribed by Agency Order. h. For Industrial Waste fees, Agency shall remit to City twenty percent (20%) of connection, volume, and monthly service charges collected. Agency shall retain one-hundred percent (100%) of the annual permit fee, and any penalty fees, COD, SS and other fees that may be assessed. Page 8 ( 2. City will institute administrative procedures within a reasonable time to diligently maintain regular billings and collection of fees, adjust complaints thereto, and pursue delinquency follow-ups and take reasonable steps for collection thereof. 3. Agency or City may at any reasonable time upon reasonable notice inspect and audit the books and records of the other with respect to matters within the purview of this agreement. Additionally, the City shall prepare and submit to the Agency a performance report of the storm and surface water functions, and the sanitary sewer functions for which the City is responsible. The performance report shall be prepared every 6 months, and shall be provided to the Agency no later than September 1 and March 1 of each year. The performance report, for each function, shall address the performance in those areas necessary for permit compliance. 4. The.City and the Agency may each need extra help ,from time to time that might be supplied by the other. In such a case, either City or the Agency in utilizing the services of an employee of the other shall pay the lending government the employee's salary rate plus. direct salary overhead currently in effect for the time worked. 5. Interest shall accrue on late payments at a rate of three-quarters of one percent (0.75$) per month on the unpaid balance. 6. The Agency may, at its cost, install permanent and temporary volume and quality monitoring stations to determine the effectiveness of City and Agency programs. 7. The performance reports from each City will be reviewed by the Committee established in Section 5-A-3, following the procedure defined in a oeparate agreement between the Agency and member Cities. Section 5. Other Provisions A. The City and the Agency further agree that: 1. The Agency will not extend sewer service to areas outside the City except with prior approval of the City where such areas are included in the Urban Planning Area Agreement between the City and the appropriate county or counties. Page 9 2. The City and,the Agency will each obtain such ( insurance contracts as necessary to cover the liabilities of the City and the Agency respectively for the risks and liabilities arising from activities and operations under this agreement. Each party hereto shall cause the other to be named as an additional insured on its policy or policies as to the obligations under the terms of this agreement. In the event that either party chooses to be self insured, that party shall furnish proof of separately identified and unencumbered reserves of at least $1,000,000, 3. Establish a Committee made up of one representative from Washington County and one representative from each member City within the Agency, which will meet quarterly, or more frequently if needed, to review and advise the Agency on the standards, regulations and specifications, work programs, capital improvement programs, rates and charges, long range planning, and other matters covered by the Agreements with the member Cities. 4. At such time as the Agency shall discontinue operation or use of any facilities on City-owned premises, the.. Agency shall remove such equipment, facilities or fixtures therefrom within a period of six months after C such discontinuance unless otherwise determined by the parties. The Agency shall demolish or remove facilities, the sites thereof shall be left free and clear-of all demolition waste and debris. Any environmental clean-up necessitated by Agency operation shall be the sole responsibility of Agency. 5. City and Agency shall each be responsible for the negligent or-wrongful acts of its officers, employees, agents, and volunteers, while performing work related to this agreement. Each party shall be solely responsible for defense, costs or payments arising from legal challenge alleging improper use by that party of funds derived from this agreement, or otherwise held by that party. Each party shall be responsible for any liability arising out of its ownership of real property and interests therein, activities governed by an NPDES permit or other air or water discharge permit issued by competent authority to that party, and any conduct of that party subject to direct regulation by state or federal authority. Page 10 6. Nothing in this agreement shall be construed as a limitation upon or delegation of the statutory and home rule powers of the City, nor as a delegation or limitation of the statutory powers of the Agency. This Agreement shall not limit any right or remedy available to City or Agency against third parties arising from illegal acts of such third parties. 7. Where this Agreement calls for review or approval of a fee or charge, Agency shall perform such review in a timely manner, shall not unreasonably withhold approval, and shall provide its decision to the City in writing. If, within 30 days of written request by City for approval by Agency, the Agency has failed to provide a written response, the request shall be deemed approved. Section 6 Dispute Resolution; Remedies A. In the event of a dispute between the parties regarding their respective rights and obligations pursuant to this Agreement, the parties shall first attempt to resolve the dispute by negotiation. If a dispute is not resolved by negotiation, the exclusive dispute resolution process to be utilized by the parties shall be as follows: 1. Step 1. Upon failure of those individuals designated C by each party to negotiate on its behalf to reach an agreement or resolve a dispute, the nature of the dispute shall be rendered to writing and shall be presented to the City Manager and Agency General Manager, who shall meet and attempt to resolve the issue. If the issue in the dispute is resolved at this step, there shall be a written determination of such resolution, signed by the City Manager and Agency. General Manager, which determination shall be binding on the parties. Resolution of an issue at this step requires concurrence of both parties' representatives. 2. Step 2. In the event a dispute cannot be resolved at Step 1, the matters remaining in dispute after Step 1 shall be reduced to writing and forwarded to the Mayor and the Chairman of the Board of Directors. Upon receipt of the written issue statement, the Mayor and Chairman shall meet and attempt to resolve the issue. If the issue is resolved at this step, a written determination of such resolution shall be signed by the Mayor and Chairman. Resolution of an issue at this step requires concurrence of both the Mayor and the Chairman. 4~ - Page 11 3. Step 3. In the event a dispute cannot be resolved at Step 2, the parties shall submit the matter to /.d mediation. The parties shall attempt to agree on a mediator. In `.he event they cannot agree, the parties shall request list of five (5) mediators from the American Arbitration Association, or such other entity or firm providing mediation services to which the parties may further agree. Unless the parties can mutually agree to a mediator from the list provided, each party shall strike a name in turn, until only one name remains. The order of striking names shall be determined by lot. Any common costs of mediation shall be borne equally by the parties, who shall each bear their own costs and fees therefor. If the issue is resolved at this step, a written determination of such resolution shall be signed by both parties. Resolution of an issue at this step requires concurrence of by both parties. In the event a dispute is not resolved by mediation, the aggrieved party may pursue any remedy available to it under applicable law. B. Neither party may bring a legal action against the other party to interpret or enforce any term of this Agreement in any court unless the party has first attempted to resolve the matter by means of the dispute resolution of subsection A above. This shall not apply to disputes arising from a cause other than interpretation or enfgrcement of this Agreement. Section 7 Effect of this Agreement This Agreement shall supersede all prior agreements and amendments between the parties with respect to sanitary sewerage and service, storm and surface water management; provided that, except as expressly modified herein, all rights, liabilities, and obligations of such prior agreements shall continue. This agreement shall be effective upon its execution by both parties hereto, and shall continue in effect for a term of thirty (30) years from and after the date hereof. This agreement may be modified only by written amendment. Section 8 Severability In the event a court of competent jurisdiction shall deem any portion or part of this Agreement to be unlawful or invalid, only that portion or part of the Agreement shall be considered unenforceable. The remainder of this Agreement shall continue to be valid. i Page 12 IN WITNESS WHEREOF, this instrument has been executed in duplicate by authority of lawful actions by the City Council and Agency Board of Directors. UNIFIED SEWERAGE AGENCY CITY OF TIGARD, OREGON OF WASHINGTON COUNTY, OREGON By By Chairman, Board of Directors Mayor Attest: Approved as to Form: City Recorder Attorney for Agency City Attorney C \l Page 13 AGREEMENT THIS AGREEMENT is made and entered into as of the day of , 1990, between the Cities of Beaverton, Cornelius, Forest Grove, Hillsboro, North Plains, Sherwood, Tigard, and Tualatin, all municipal corporations of the State of Oregon, hereinafter referred to as "Cities," and the Unified Sewerage Agency of Washington County, a municipal corporation and county service district, hereinafter referred to as the "Agency." WHEREAS, the Agency provides sanitary sewerage and storm and surface water management, and Cities are within the Agency; and WHEREAS, City and Agency have the authority to enter into contracts under ORS 451.560 and ORS Chapter 190; and WHEREAS, Agency has entered into agreements with each of the Cities within its boundary which specify the duties and- responsibilities of each party; and WHEREAS, Agency and Cities desire to establish a process.to: review matters of common concern to the parties, including.but.not limited to the performance of each City and the Agency relative to the requirements of the agreements, matters addressed in Section 5-A-5 of the agreements , by means of a review-Committee made.up of representatives of each City. NOW, THEREFORE, in consideration of the covenants and agreements to be kept and performed by the parties hereto, it is agreed as follows: Section 1. City committee A. The parties hereby establish a Committee made up of one representative from each City within the Agency that is a party to this Agreement. The Committee shall meet quarterly, or more frequently if needed. It shall have authority to review and advise the Agency on the standards, regulations and specifications, work programs, capital improvement programs, rates and charges, long range planning, and other matters covered by the Agreements for Sanitary Sewer and Storm and Surface Water Management (Operating Agreements) with the member Cities. B. The Committee shall also have the authority to review the performance of the Cities as to the work programs and standards of the Operating Agreements. Each City hereby agrees to be bound by the decisions of the Committee, subject to the procedures of Section 2. C~ C. The agency shall staff the Committee and provide written notice to each City no less than 14 days prior to each meeting. A quorum shall be necessary to transact business, and vote of a majority of the members present is required to act on any matter. All meetings of the Committee shall be open to the public. Section 2. Procedures A. Each City shall prepare and submit to the Agency September 1 and March 1 of each year a performance report of the storm and surface water functions, and the sanitary sewer functions for which the City is responsible under the Operating Agreement. The performance report, for each function, shall address the performance in those areas identified by the Agency as related to NPDES and other permit compliance. B. The performance reports from each City will be reviewed by the Committee. If the Committee determines that .a City is not meeting the standards, regulations,.or work programs adopted by the Agency, then the affected City shall be notified in writing of- the deficiencies. The City shall have 60 days to. develop and submit to the Agency aplan and schedule to bring the City into compliance with applicable standards. At the next semi-annual review, the -Committee will determine whether or not the City is in compliance. C. If, within 180 days of the Notice of Deficiency, the Committee determines the City has not-remedied the identified deficiencies, written notice thereof shall -be. sent to the Mayor and City Manager. The City shall have 60 days to develop and submit to the Agency a revised plan and schedule to bring the City into compliance. At the next semi-annual review, the Committee will determine whether or not the City is in compliance. D. If., within 180 days of the second Notice of Deficiency, the Committee determines the City has not remedied the identified deficiencies, the Agency shall assume the responsibility for any portion of the program the Agency determines is necessary to bring the City into compliance. The Agency shall make appropriate adjustments to the division of revenue to reflect the change in responsibility. A decision to transfer program responsibility under this section shall constitute an amendment to the Agreement between the Agency and that City. Page 2 z'z z' E. The Committee, upon making a finding that a City is out of compliance to the extent that immediate action is necessary, may accelerate the process of Sections 2-B, C, and D. F. In the event the Agency assumes all or a portion of t the responsibilities of the City, the Agency shall at a later date, after receiving appropriate evidence y that the City is or will be able to remain in compliance, negotiate with the City to return the program responsibilities to the City. The Agency may require payment of funds to reimburse the Agency for system improvements made to bring the City into r compliance. G. Nothing in this agreement shall be construed as a limitation upon or delegation of the statutory and home rule powers of the City, nor as a delegation or limitation of the statutory powers of the Agency. Section 3. 'Dispute Resolution; Remedies t In the event a dispute under this Agreement.is not resolved by' negotiation the aggrieved party may pursue any remedy available to it under applicable law. F Section 4. Effect of this Agreement This agreement shall be effective upon its execution by all parties hereto, and shall continue in effect for a term of thirty (30) years from and after the date hereof. This agreement may be modified only by written amendment of all the parties. This agreement shall continue upon the legal reorganization or consolidation of any party. Section 5. Severability In the event a court of competent jurisdiction shall deem any portion or part of this Agreement to be unlawful or invalid, only j that portion or part of the Agreement shall be considered unenforceable. The remainder of this Agreement shall continue to be valid. Page 3 IN WITNESS WHEREOF, this instrument has been executed in r duplicate by authority of lawful actions by the City Councils and Agency Board of Directors. UNIFIED SEWERAGE AGENCY CITY OF BEAVERTON, OREGON OF WASHINGTON COUNTY, OREGON By By Chairman, Board of Directors Mayor Attest: Approved as to Form: City Recorder Attorney for Agency City Attorney CITY OF CORNELIUS, OREGON CITY OF FOREST GROVE, OREGON V By Mayor Mayor Attest: Attest: City Recorder City Recorder City Attorney City Attorney CITY OF HILLSBORO, OREGON CITY OF NORTH PLAINS, OREGON By By Mayor Mayor Attest: Attest: City Recorder City Recorder jity Attorney City Attorney Page 4 i,1TY OF SH.ERWOOD, OREGON CITY OF TIGARD, OREGON By BY Mayor Mayor Attest: Attest: City Recorder City Recorder City Attorney City Attorney CITY OF TUALATIN, OREGON By Mayor C test: City Recorder City Attorney i C~ Page 5 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: May 21, 1990 DATE SUBMITTED: May 10, 1990 ISSUE/AGENDA TITLE: PREVIOUS ACTION: Eld Award for Video I ion Uni PREPARED BY: Field Operations DEPT HFAD OK CTTY ADMIN OK REQUESTED BY: John Roy ISSUE Should the Local Contract Review Board award the bid for a new video inspection unit to be used in the T.V. Inspection Program of sanitary and storm sewer lines? The new unit will increase both efficiency and production of existing programs and enhance our maintenance capability in the new Surface Water Management Program. INFORMATION SUMMARY Bids were opened for the Video Inspection Unit on April 5, 1990, at 3:00 p.m. Five bids were received as follows: 1. Cue's Inc. (20 exceptions to bid specs. of which 9 have a direct effect on operation and efficiency of this equipment.) $78,900 2. Flexible Video Systems (10 exceptions to bid specs. of which 6 have a direct effect on operation and efficiency of this equipment.) $83,895 3. Telespector Corporation (2 minor exceptions to bid specs. no impact on operation or efficiency of this equipment.) $84,862 4. Buchen S.I.S. Inc. (7 exceptions to bid specs. of which 3 have a direct effect on operation and efficiency of this equipment.) $87,650 5. E.P.M. Marketing $111,650 (Because bid was too much over budget, it was not considered.) ALTERNATIVES CONSIDERED 1. Award bid to Telespector Corporation in the amount of $84,862. They have two minor exceptions to bid which will not impact the overall efficiency or quality of the unit. 2. Award the bid to Cue's Inc., which was the lowest bid received at $5,962 less than Telespector Corp. Of their 20 exceptions, 9 are considered major and will affect the efficiency and quality of the unit and cost considerably more to upgrade. 3. Readvertise for bids. FISCAL IMPACT' The 1989/90 budgeted amount for the video inspection equipment is $75,000. There is an additional $3,057.28 available from capital equipment purchase savings and the old video inspection unit has been sold to Lincoln City for $8,000, allowing $86,057.28 for purchase of a new inspection unit. SUGGES'T'ED ACTION Staff recamends Council award the bid to Telespector Corp. in the amount of $84,862. The difference between the exceptions on Cue's bid is considered significant enough to warrant the bid award to Telespector. dc/Video E}Cf~F'~`rCt1S TO BIOD Cm OF TICAM ~ ICMICt1S CUE'S TXCEPT`rCNS 1. 2 speed washer & intermittent 2 speed washer 2. 10,500 lb. vehicle rating * 10,000 lb vehicle rating 3. Rear doors w/glass windows no glass on rear doors 4. Head plate center aisle flat aluminum floor covering 5. 42 gal water tank in equip. room * no water tank 6. Control console w/overhead storage no overhead storage over console 7. Desk w/sliding drawers no desk w/sliding drawers 8. Bench seat w/vinyl cushion no bench seat 9. storage cabinet over bench seat no storage cabinet over bench seat 10. 1 ext. rear weatherproof receptacle no rear weatherproof rear receptacle 11. 4 fluorescent lamps in equip. room no fluorescent lamps in equip. room 12. 110 degree camera viewing angle * 70 degree angle 13. 13" video monitor 12" video monitor 14. 6600# video cable breaking strength * 5600 # breaking strength 15. ± 1 ft w\in 1000' counter accuracy * not capable of 1 ft in 1000 accuracy 16. Winch designed for manhole access * not capable of manhole access 17. Foot activated winch control no foot activated winch control 18. Mini-camera adapter for van monitor * no adaptor provided 19. Rear door cable roller guide * no rear door cable roller guide 20. 2 year warranty * no warranty 'PF.L OR EXCF.P TICNS 1. 2 speed wiper/electric washer 2 speed wiper/electric washer intermittent delay. 2. Aluminum power cord reel steel power cord reel Fria? EXCEPPIC[~LS 1. 2 speed wiper/electric washer 2 speed wiper/electric washer intermittent delay no intermittent delay 2. Hardened aluminum fiberglass reinforced panel 3. QKC 5.7 350 CID * Ford cab & chassis-460 CID 7.5 4. ABS plastic sheeting on 1/4" fiberglass sidewalls in equip. room plywood subsurface in equip. rm. 5. 3 year camerra warranty * 2 year camera warranty 6. 110 degree camera angle * 70 degree camera viewing angle 7. 3 yr warranty on power cont. unit * 2 year warranty 8. Electronic, variable rewind camera * hydraulically powered cable reel 9. Electric power winch for camera no electric power winch is offered 10. 42 gal. water tank * no water tank BIJC HEN EXCEPTICNS 1. 3 year warranty * 1 year warranty 2. Generator access to outside of van * mounted w/access in equipment area 3. 360 horizontal camera lines 280 lines 4. 110 degree lens viewing angle * 90 degree lens viewing angle 5. 30-35 degree operation angle laptop data view 6. 156 pre-defined comments ? 7. 2 speed wiper & intermittent delay 2 speed wiper/washer * Considered major exceptions to bid L! CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SCARY AGENDA OF: May 21, 1990 DATE SUBMITTED: May 14, 1990 ISSUE/AGENDA TITLE: Support of Proposed PREVIOUS ACTION: Modifications to Tualatin 9-1-1 Svstem & Initiation of Planninq Doc=ents/ PREPARED BY: Cathy Wheatley DEPT HEAD OK CITY ADMIN OKRBQUES M BY: Pat Reilly V POLTCY ISSUE Should the City of Tigard support the relocation and upgrade of the Tualatin 9-1-1 System? INFORMATION SUMMARY The attached resolution was prepared in response to support expressed at the May 2, 1990 User meeting regarding the 9-1-1 relocation and upgrade. ALTERNATIVES CONSIDERED 1. Approve the attached resolution. 2. Approve the attached resolution with amerx ants. FISCAL IMPACT No additional funds needed; in fact, the 9-1-1 system may be less expensive to operate. SUGGESTED ACTION Staff reams approval of the attached resolution. res911 f E 1. CITY OF TIGARD, OREGON 1 21 COUNCIL AGENDA ITEM SUMMARY AGENDA OF: May.14, 1990 DATE SURUTPED: April 20, 1990 ISSUE/AGENDA TITLE: Telecommmications PREVIOUS ACTION: Franchise Ordinance Amerximent PREPAR) BY: Wayne Lowry, Finance Director DEPT HEAD OK ADMIN OK / RBQIWM BY: POLL 'Y ISSUE Chapter 484 of Oregon law enacted in June of 1989 redefines "gross revenues" upon which the city's franchise fee is cued to mean revenues derived from exchange access services as defined by ORS 401.710. Mus in affect lowers the base upon which the telephone franchise fee is computed and therefore lowers the revenue the City receives from telecommunications franchises. The council must amend the franchise agreement to incorporate this definition and the Council must determine the rate that will apply to the newly defined "gross revenues." Chapter 484 Section 5(1) states that the rate may not exceed seven percent of gross revenues. INFORMATION SUMMARY The City of Tigard currently has franchise agreements with U.S. West and with GTE Northwest as follows: 1989/90 COMPANY ORDINANCE PERIOD EXPIRATION RATE REVENUE US West 73-23 20 yrs 1993 3% 20,970.45 GTE NW 82-12 10 yrs 1992 3% 183,092.88 TOTAL 204,063.33 The affect of this legislation is to significantly reduce the revenue base upon which the franchise rate is applied. The legislation affects the two phone companies differently in that their reportable gross revenues are reduced by different amounts. Shown below are revenue estimates for several rates based on 1989 actual gross revenues and gross revenues that would have been reported under the new definition. U. S. West 1989 - Base under franchise $699,015 1989 - Base with new Legislation $601,152 Old Base New Base 3% 20,970 18,034 3.5% 24,465 21,040 4% 27,960 24,046 5% 34,950 30,057 6% 41,940 36,069 J ~ 1 in order to maintain the same revenue stream from U.S. West, the franchise fee would have to be increased to 3.5% from the current 3%. GTE Northwest 1989 - Base under franchise $6,103,066 1989 - Base with new legislation $4,455,238 Old Base New Base 3% 183,092 133,657 4.14% 252,666 184,446 5% 305,154 222,761 6% 366,185 267,314 In order to maintain the same revenue stream from GTE Northwest, the franchise fee would have to be increased to 4.14% from the current 3%. The Utility and Franchise Committee has reccamended to the City Council that all franchise rates be raised to 5% fran their current levels. In addition, the Budget Caunittee has discussed the increase in franchise fees as a method to reduce future tax base increases, while improving the diversity and stability of General Fund funding sources. In addition to the rate and the definition of gross revenues, the new i legislation also allows the utility company to charge pro rata to the users of i the utility the rate set by the City. Each ratepayer's telephone bill will therefore show in total, the portion of their charge attributed to the City's franchise fee. Before this legislation, only the portion of the charge over 3% was shown on the bills. F i ALTERNATIVES CONSIDERID 1. Amend ordinances, leave rate at 3% 2. Amend ordinances, raise rate to 3.5% for U.S. West and 4.14% for GTE to maintain current revenue level 3. Amend ordinances, raise rate to 5% for both franchises to increase revenue FTSCAL IMPACT 1. Reduces franchise revenue by estimated $52,371 per year 2. Maintains current level of franchise revenue 3. Increases franchise revenue by estimated $48,756 over current level SUGGESTED ACTION 1. Staff recmm ends amending ordinances and raising rate to 5%. ~ A CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY Agenda of:Mav 21, 1990 Date Submitted:Mav 7, 1990 Issue/Agenda Title: Revise TMC Previous Action:None Title 14, Buildings and Construc ions, spared By:Brad Roas Dept. Head OTC City Admin O, i equested By: " '71 ' P(OIACY ISSUE Should the City amend the Building Code Ordinance to adopt clearer and safer regulations for the moving of buildings onto lots within the City? INFORMATION SUMMARY The present Title 14, Chapter 14.20, Moving of Buildings is cumbersome, inefficient and does not provide for all the necessary safeguards and regulations to protect the public and City. The attached revised Title 14, Chapter 14.20 provides for efficient service, protection and safety to the public and City. ALTERNATIVES CONSIDERED 1. Approve the attached ordinance adopting Chapter 14.20, Moving of Buildings as part of TMC Title 14, Building Code Ordinance. 2. Deny the attached ordinance. FISCAL IMPACT None. No change in the fee structure would occur as a result of this action. SUGGESTED ACTION Approve the attached ordinance adopting Chapter 14.20, Moving of Buildings as part of TMC Title 14, Building Code Ordinance. J f'r MEMORANDUM CITY OF TIGARD To: Pat Reilly, City Administrator From: Ed Murphy, Director of Community Developmen Date: 5-7-90 Re:Summa=y cf ~jroposed revisions to Title 14, "Moving of Buildings". The chapter has been revised to regulate the moving of buildings on or onto lots within the city. Reason: The moving of a building across city streets will be regulated under proposed Title 10, chapter 10.50, "Moving of Oversize Loads". The revised Title 14 will regulate the structural and fire safety aspects of moving buildings from one location to another within the city. 14.20.030 Permits required. A section has been added requiring a building permit for moving of a building on or onto a lot, and refers to Title 10 for moving a building across city streets. Reason: There is no requirement under the present Title 14 for a building permit to be obtained for the moving of a building onto a lot. Proposed Title 10.50 requires a permit to move any oversize load across a city street. 14.20.040 Permit application--Fee. This section was changed to identify the information needed for an application to move a building onto a lot, and prescribed the fees needed to cover the cost of permit issuance, plan review and inspections. 14 20 050 Permit application--Distribution and inspections. This present section was eliminated and replaced with "Plans Required for Permit". Reason: The existing section requires that any application to move a building across a city street must be reviewed and approved by the Chief of Police and City Engineer. This has proved to be very cumbersome and time consuming. The Chief of police and City Engineer have their interests protected under the proposed Title 10.50. The existing section does not fit in the "Moving of Buildings" chapter. The new section prescribes plans required for the location and extent of work proposed for the moved building. 14.20.060 Utility installation protection. r` This section was altered to require protection for private property from damage, in addition to public utilities. Reason: Private property owners have a right to be protected from loss or damage. 14.20.070 Performance bond. This section was changed to eliminate the need for a bond to protect the public right of way when moving an oversize load across city streets (this protection is provided under proposed Title 10.50). The revision requires that a per- formance assurance bond, or deposit be provided to guarantee that the structure will be safely placed on an adequate foundation within three months of moving the building onto the lot. It also places a restriction on storing buildings on property within the city. 14.20.090 Permit contents. Eliminated. Reason: Covered under proposed Title 10.50. 14.20.120 Protection of streets and property. Eliminated. Reason: Covered under proposed title 10.50. 14.20.130 Proiect to continue uninterrupted. Eliminated Reason: Covered under proposed title 10.50 14.20.150 State highway use. Eliminated Reason: Covered under proposed Title 10.50 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY Agenda of: May 21, 1990 Date Submitted: May 5, 1990 Issue/Agenda Title:Revise Previous Action:None TMC Title 10. Vehicles and Traffic r- tepared By:Brad Roast Dept. Head OgZL, City Admin OR-;';? By: POLICY ISSUE Should the City adopt an ordinance regulating the moving of oversize loads ` i upon or across City streets? i INFORMATION SUMMARY The City does not presently have an ordinance that regulates the moving of oversize loads (buildings, tanks, and structures in excess of 8 feet wide or 14 feet height or 50 feet in length, pursuant to ORS 818.080) upon or across City roads. The attached Title 10, Chapter 10.50 provides regulations for the safety and welfare of the public and City. i ALTERNATIVES CONSIDERED 1. Approve the attached ordinance adopting Chapter 10.50, "Moving of Oversize Loads" as part of Title 10. 2. Deny the attached ordinance. FISCAL IMPACT None. No change in the fee structure would occur. The $10.00 fee will recover all costs incurred in the preparation and issuance of permits. SUGGESTED ACTION Approve the attached ordinance adopting Chapter 10.50, "Moving of Oversize Loads" as part of Title 10. r; ~y J , CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY r AGENDA OF: May 21, 1990 DATE SUBMITTED: ISSUE/AGENDA TITLE: Resolution of PREVIOUS ACTION: i Public Neceesit for Walnut Stre / g Improvements PREPARED BY: City En ineer DEPT HEAD OK CITY ADMIN OR REQUESTED BY: } acaa==aaacaaa==caaaaa=aa===aa~~ =a..aa=c=caaaa=aaa=====-a==v=aaacaa=a=c==a=a i t POLICY ISSUE Should the Council authorize the City Attorney and staff to acquire the right- of-way necessary for improvements to S.W. Walnut Street? 4 f S' INFORMATION SUMMARY E' I, Improvements to S.W. Walnut Street are authorized under the Major Streets a i Traffic Safety Improvement Bond. Negotiations are in progress for the right- of-way and easements needed for the project. In the event that legal action may be required to acquire this right-of-way, a formal resolution is necessary. G. f ALTERNATIVES CONSIDERED s. C t 1. Adopt the attached resolution declaring a public necessity to acquire certain property for right of way purposes. z t. 2. Delay adoption of the resolution. E 3. Do not adopt the resolution. f i FISCAL IMPACT " All costs of right-of-way acquisition are funded under the Streets Bond. i SUGGESTED ACTION Staff recommends Council pass the attached resolution authorizing the staff and City Attorney to acquire necessary right-of-way. dj/ss-ws.RW i 4 i g 1 ~a CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY AGENDA OF: MaV 21, 1990 DATE SUBMITTED: PREVIOUS ACTION: ISSUE/AGENDA TITLE: ResolutiJRoa/ Public Necessity for Durham Im rovem ents PREPARED BY: Cit En sneer DEPT HEAD OR CITY ADMIN REQUESTED BY: POLICY ISSUE Should the Council authorize the City Attorney and staff to acquire the right- of-way necessary for improvements to S.W. Durham Road? INFORMATION SUMMARY Improvements to S.W. Durham Road are authorized under the Major Streets Traffic Safety Improvement Bond. Negotiations are in progress for the right-of-way and easements needed for the project. In the event that legal action may be required to acquire this right-of-way, a formal resolution is necessary. ALTERNATIVES CONSIDERED 1. Adopt the attached resolution declaring a public necessity to acquire certain property for right of way purposes. 2. Delay adoption of the resolution. 3. Do not adopt the resolution. FISCAL IMPACT All costs of right-of-way acquisition are funded under the Streets Bond. SUGGESTED ACTION Staff recommends Council pass the attached resolution authorizing the staff and City Attorney to acquire necessary right-of-way. dj/ss-dr.RW c