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City Council Packet - 05/27/1997 i i y CITY OF TIGARD OREGON I TIGARD CITY COUNCIL MEETING MAY 27, 1997 F F E I i COUNCIL MEETING WILL NOT BE TELEVISED I:%ad n %ccp t1A$oc 13125 SW Hall Blvd„ Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772 i I I I Revised 5 i . i i i CITY OF TIGARD ® I IiiI1Z :fiZMPCTW-M MAY 27, 1997 6:34 PM PUBLIC NOTICE: Anyone wishing to speak on an agenda item should sign on 1512*s TIGARD C SW HALL L BLVD BLVD the appropriate sign-up sheet(s). If no TIGARD, OREGON 97223 sheet is available, ask to be recognized € by the Mayor at the beginning of that agenda item. Visitor's Agenda items are ` I asked to be two minutes or less. Longer matters can be set for a future Agenda by contacting either the Mayor or the City Manager. Times noted are estimated; it is recommended that persons interested in testifying be present by 7:15 p.m. to sign in on the testimony sign-in sheet. Business agenda - items can be heard in any order after 7.30 p.m. Assistive Listening Devices are available for persons with impaired hearing and j should be scheduled for Council meetings by noon on the Monday prior to the Council meeting. Please call 639-4171, Ext. 309 (voice) or 684-2772 (TDD - Telecommunications Devices for the Deaf). Upon request, the City will also endeavor to arrange for the following services: E i k Qualified sign language interpreters for persons with speech or hearing , - impairments; and j i I • Qualified bilingual interpreters. f Since these services must be scheduled with outside service providers, it is important to allow as much lead time ar nnssihle- Please notify the C.ifii of vn rnr need by 5:00 p.m. on the Thursday preceding the meeting date at the same phone numbers as listed above: 639-4171, x309 (voice) or 684-2772 (TDD - Telecommunications Devices for the Deaf). SEE ATTACHED AGENDA i i COUNCIL AGENDA - MAY 27, 1997 - PAGE 1 1 7 AGENDA 3 TIGARD CITY COUNCIL MEETING i May 27, 1997 6:30 p.m. • STUDY SESSION > 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. As you are aware, all discussions within this session are confidential; therefore nothing from this meeting may be disclosed by those present. Representatives of the news media are allowed to attend this session, but must not disclose any information discussed during this session. 7:30 p.m. h 1. BUSINESS MEETING 1.1 Call to Order - City Council & Local Contract Review Board 1.2 Roll Call 1.3 Pledge of Allegiance 1.4 Council Communications/Liaison Reports 1.5 Call to Council and Staff for Non-Agenda Items 7:35 p.m. 2. VISITOR'S AGENDA (Two Minutes or Less, Please) 7:45 p.m. ! 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 22 and May 5, 1997 3.2 Local Contract Review Board: { a. Authorize Advertising for Bid - Menlor Reservoir Project b. Approve Purchase of Property Adjacent to Menlor Reservoir Site (Clute) C. Approve Purchase of Property Adjacent to Cook Park . (Lamb/Gray) 3.3 Approve Library Board Appointments: Pat Harper, Sue Kasson and Nancy Irwin - Resolution No. 97- 3.4 Support Highway 99W/OR 18 Corridor Strategy - Resolution No. 97- COUNCIL AGENDA - MAY 27, 1997 - PAGE 2 I iI I , - I s • Consent Agenda - Items Removed for Separate Discussion: Any items requested to be removed from the Consent Agenda for separate discussion will be considered immediately after the Council has voted on those items which do not need discussion. 7:50 p.m. 4. TIGARD TRIANGLE - DESIGN STANDARDS DISCUSSION (CONTINUED FROM THE MAY 20, 1997 COUNCIL MEETING) • Community Development Director 8:50 p.m. 4. STAFF UPDATES: I • Measure 47150 - Finance Director • Visioning Program: Tigard Beyond Tomorrow-Asst to City Manager • Metro 2040 - Community Development Director - ii 9:05 P.M. 5. INTERGOVERNMENTAL AGREEMENT WITH USA FOR COLLECTION OF i CERTAIN SYSTEMS DEVELOPMENT CHARGES AND FEES • Staff Report: Community Development Department , • Council Consideration: Motion to Approve the Agreement j 9:30 p.m. 6. MEASURE 47 AND ANNEXATION PROCEDURES i;n • Staff Report: Community Development Department • Council Consideration: Motion to Approve Staff Recommendation to Obtain Waivers of Non-Remonstrance from Potential Annexees r 10:00 P.M. 7. NON-AGENDA ITEMS 10:10 P.M. 8. EXECUTIVE SESSION. The Tigard City Council will go into Executive I Session under the provisions of ORS 192.660 (1) (d), (e), & (h) to discuss labor relations, real property transactions, current and pending litigation issues. As you are aware, all discussions within this session are confidential; therefore nothing from this meeting may be disclosed by those present. Representatives or ine news media are aiiowed io aUt! Q~ii-a session, but must not disclose any information discussed during this session. 10:30 p.m. 9. ADJOURNMENT i Aadm\cathy\cca\470527.dac i COUNCIL AGENDA - MAY 27, 1997 - PAGE 3 ~J J 17 r Agenda Item No. TIGARD CITY COUNCIL Meeting of E' 1 MEETING MINUTES - MAY 27, 1997 i • STUDY SESSION > Meeting was called to order at 6:30 p.m. by Mayor Jim Nicoli > Council Present: Mayor Jim Nicoli, Councilors Paul Hunt, Brian Moore, Bob Rohlf, and Ken Scheckla. Staff Present: City Manager Bill Monahan; Legal Counsel Pam Beery; Community Development Director Jim Hendryx; Finance Director Wayne Lowry; Administrative Risk Analyst Loreen Mills; Senior Planner Nadine Smith; and City Recorder Catherine Wheatley. y • > Executive Session: The Tigard City Council went into Executive Session at 6:30 p.m. under _ the provisions of ORS 192.660 (1) (d), (e), & (h) to discuss labor relations, real property f transactions, current and pending litigation issues. > Executive Session adjourned at 7:35 p.m. 1{ > Agenda Review Jim Hendryx, Community Development Director, reported that the Triangle Task Force invited him to attend the meeting they were having with Metro. He mentioned that there was an issue of credibility for the City. He asked whether or not the Task Force work was completed. The Council agreed that the Task Force's work for the City was completed once the Council adopted the standards. Mr. Hendryx said that he would tell Metro of the Council's position on the matter. i The Council discussed whether or not to open up the Tigard Triangle agenda item to public comment. Pam Beery, Legal Counsel, advised the Council that if they were going to open up the discussion, they should advertise that fact so all interested parties could know to attend the meeting. The Council agreed by consensus not to open up the discussion to public comment. 1. BUSINESS MEETING i • Call to Order - City Council & Local Contract Review Board Mayor Nicoli called the business meeting to order at 7:35 p.m. • Council Communications/Liaison Reports: None • Call to Council and Staff for Non-Agenda Items Bill Monahan, City Manager, noted the deletion of the update on Measures 47 and 50. Mayor Nicoli asked to discuss the police department remodel. - CITY COUNCIL MEETING MINUTES - MAY 27, 1997 - PAGE I i j i i 2. VISITOR'S AGENDA 1 > Jack Polans, 16000 SW Queen Victoria Place, King City, expressed his concern that there has been a serious decline in newspaper reporters covering the Tigard City Council meetings. He mentioned his conversations with the editor of the Tigard Times and the bureau chief at the Oregonian. He asked the Council to take action to amend the situation.' > Carrie Gavett asked to speak to the issue of tree removal in a minor land partition that was e currently on appeal before the Planning Commission. Ms. Beery advised the Council not to receive testimony on the matter as the appeal could curve before the Council. iv`ir. Hendryx said that he and Ms. Beery would confer on the issue. If the property owner could not remove trees because his application was in the appeal process, staff would advise him of that. > Gordon Martin, 12265 SW 72"d, reported that the foundations of office building going up on the northeast corner of SW 72nd and Beveland were within the 92 foot right of way planned for 72nd Avenue. The development was approved under the old standard of a 60 foot right of way. Either the building constriction had to be stopped or the City had to move 72 Avenue to the j west 40 feet, making the "S" more pronounced. He commented that the Task Force went to great lengths to preserve the bike and pedestrian ways as well as the building scape and tree ways. This development could preclude a five lane facility through the Triangle. In addition moving the road to the west would further impact the residential areas who would have to give up more land to the right of way. Mr. Martin invited the Council and staff to attend the Task Force meeting with Metro. - j > Terry Smith asked to address a hypothetical situation regarding the tree ordinance and zoning. Ms. Beery reviewed his documents and recommended against allowing testimony at this time, r. as this issue was the same as raised by Ms. Gavett. She said that staff would deal with this issue " as quickly as possible, understanding the time sensitive nature of it. Once the trees were removed, they could not be equitably reinstated. Mayor Nicoli encouraged Mr. Smith to talk with staff. > Darlene Wozniak, 14200 SW Fir, stated that she had been on the Triangle Task Force. She said that they were supposed to come up with workable design standards. However the document they produced did need some clarification on the 330 standard. She contended that if the staff made the changes, then the public input was lost. She suggested drafting another document to clarify for the staff some of the confusing points in the standards. She asked that the Task Force be allowed to finish its job. > Mark Whitlow, Eagle Hardware, reported on the pre-app ronference he had with staff regarding his development. He referenced his memo detailing the problems they ran into. The conclusion at the conference was that they could not do large scale retail development in the Triangle. He commented that this was a real case application, such as staff had commented in March that it needed to see in order to interpret the standards. He contended that the problem was applying Mixed Use standards to commercial areas. Ms. Beery stated that because this application was not yet pending, the Council could technically receive the letter. However the most conservative approach would be to not receive v the letter because once the application was made; the matter could come before the Council on i CITY COUNCIL MEETING MINUTES - MAY 27, 1997 - PAGE 2 j r 7 i t appeal. The Council agreed by consensus not to receive the letter. i j j 3. CONSENT AGENDA Motion by Councilor Hunt, seconded by Councilor Rohlf, to adopt the Consent Agenda. Motion was approved by unanimous voice vote of Council present. (Mayor Nicoli, Councilors Hunt, Moore, Rohlf and Scheckla voted "yes.") 3.1 Approve City Council Minutes: April 22 and May 5, 1997 3.2 Authorization to advertise for bid a. Menlor Reservoir Project b. Purchase of Tax Map Lot 2S15DB/600 owned by Sandra F. Clute C. Purchase of Gray/Lamb property 3.3 Appointments to the Library Board, Resolution No. 97-22 ( . 3.4 Resolution supporting the Highway 99W/OR 18 Corridor Strategy, Resolution No. 97-23 Jack Polaris asked to pull Item 3.2c, the purchase of the Lamb/Gray property, for further discussion. Ms. Beery explained that Item 3.2c was simply the formal action confirming the decision already made by the Council at an earlier meeting. The Council decided not to pull the item. 4. TIGARD TRIANGLE DESIGN STANDARDS ti ` Mr. Hendryx reviewed the Council discussion on this subject at two previous meetings, 1 including reports from the consultants. He noted that the citizen comment centered on concerns with the 660/330 standard (a street intersection every 660 feet and a pedestrian access way every 330 feet). He referenced the Metro memo sent in reply to the staff question of whether or not private streets were allowed. Metro indicated that while private streets could be allowed, they needed to be designed to appear like public streets and not restrict the public access to them. Mr. Hendryx stated that the standards were adopted in December 1996 and March 1997. The question before Council was whether or not to modify them. One option was to direct staff to prepare a legislative amendment allowing private streets in the Triangle that met the design objectives. This could apply solely to the General Commercial (C-G) zone or throughout the Triangle. He mentioned that the overall objectives for the streets and circulation improvements had to be maintained if the original premises were to be achieved. M-, Hendrix. re iev.-zd the 330 pedestrian access _equirement. While the en*.:. to provide for non-vehicular access in the Triangle, the effect has been to limit the size of development in the C-G zones. Under the 330 standard, the largest building allowable was 108,000 square feet. In the Mixed Use Employment (MUE) zone, the largest building allowed was 40,000 square feet. (Metro allowed 60,000 square foot buildings in MUE zones). Mr. Hendryx pointed out that the basic issue was whether or not big box retail would be allowed in the Triangle. He said that he thought that the 330 provision implemented the Council direction to limit future big box development. Elimination of the standard would result in large scale development in the Triangle. CITY COUNCIL MEETING MINUTES - MAY 27, 1997 - PAGE 3 E i i i 1 e . 1 F Mr. Hendryx noted the issue on a freeway signage provision that could potentially affect I existing signs. The City has always recognized the importance of freeway signs, and had a provision in the sign code for them. The Council could direct staff to allow those signs along freeway frontages as were previously allowed. Mr. Hendryx said that Council could leave the standards the way they were, revisit the standards after a given time period, direct staff to modify the standards regarding freeway signage, private streets, and pedestrian access ways every 330 feet. Councilor Hunt asked if they would have to open up the entire document if they made modifications to one section of it. Mr. Hendryx said that the Council could direct staff to look at only specific standards or issues and not open up the entire document. Councilor Moore asked for clarification on the public road versus private road issue. Mr. t. i Hendryx explained that the standard for private streets allowed more flexibility for the developer in location of the street components. Instead of a 60 foot right of way with sidewalks, planter strips, and parking, a private street could have a 24 foot travel way with no on street parking, a meandering sidewalks, and interspersed landscaping. It allowed a more creative approach to the street and impacted the property less. Lloyd Lindley, consultant, reviewed how a private street impacted development calculations, such as landscaping, floor area ratio, setbacks, and building coverage. A private street allowed a developer to build more floor area. Building a private street to the public street standard allowed the possible future option of dedication as a public street without improvements. He I mentioned that the 330 standard included a number of tools to maximize flexibility in development of the site, including a 52 foot wide street with parking on one side. F Councilor Moore asked if staff was having difficulty interpreting the standards. Mr. Hendryx said that there were new standards and staff had a learning curve in interpreting and understanding them. He mentioned the staff training session scheduled with Mr. Lindley to review the standards. y Councilor Moore expressed concern about "handcuffing" development in the C-G areas. He ' said that he would agree with private streets if it would help relieve the difficulty that has arisen. f Councilor Hunt pointed out that the issue arose in the first place because some Councilors did not want big box development. The Council had been trying to decide how the City could get a more attractive looking area. Councilor Moore said that he understood what Councilor Hunt was saying but he contended that they could still get an attractive development, even with big box development. Councilor Rohlf said that he did not want the hillside covered with big boxes, asphalt, and concrete. He had envisioned a high quality development. He commented that he has heard no one disagree with the MUE standards, and he did not want to throw out the entire document. Most comments centered on tweaking the C-G standards. He expressed concerns about the effect the road dedication could have on Landmark Ford - an unfortunate and unintended side effect. He reiterated his concern for a quality development. V CITY COUNCIL MEETING MINUTES - MAY 27, 1997 - PAGE 4 i Councilor Rohlf suggested examining the 660/330 standard very closely. He expressed concern i about the freeway signage standard, especially if the standard only affected that area and nowhere else. He said that he was open to fixing the street access problem. He commented that he doubted that there would be much pedestrian movement in the Triangle because of its l location away from much of the town and the heavy traffic surrounding it. Therefore pedestrian access might not be that important within the Triangle as a whole. Councilor Rohlf said that he thought it was unfair to the Martins and the school district to set up a situation where they could not achieve goals which they have been waiting years to reach. He knew that the Martins intended to create a quality development. Councilor Scheckla asked about the Council options at this time. Mr. Hendryx reiterated that the standards were in place, including the 660/330 standard and the design standards. The Council could leave them in place, revisit them in the future, or direct staff to modify any one of the components discussed and take it back through the Planning Commission process. He reiterated that the fundamental issue in question was how big of development did Council want to allow in the Triangle. The key component impacting that was the 330 pedestrian access i standard which dictated how large a building could be. The issue of private/public streets in the 660 standard did not impact building size. Councilor Rohlf commented that ideally the view of trees on a hilltop would not change. However there was an issue of fundamental fairness involved. The Task Force that developed the standards seemed quite surprised at the results. He said that he has heard from Task Force - members that there were some side effects that they had not understood would occur. He pointed out that people who have waited a long time to develop could not do so under the current standards. i Councilor Scheckla mentioned the belief that there would not be any residential in the Triangle; } it would all go to commercial. Councilor Rohlf concurred that that was a strong probability. Councilor Scheckla asked why not plan for commercial only then. Councilor Rohlf noted the two zones in the Triangle: Mixed Use Employment and General Commercial. It was only the side effects of the C-G standards that appeared to be causing problems. Councilor Scheckla asked what effect the Task Force meeting with Metro would have on the . 660/330 standard. Mr. Hendryx said that discussions by any group, including Metro, would have no effect on standards already adopted in the Code. Councilor Hunt asked for clarification on whether or not a decision to modify the street standard would open up the whole document. Mr. Hendryx said that Ms. Beery's initial read on that issue was that modification would require a Code amendment to that particular section. Ms. Beery pointed out that the street standard was based on certain assumptions made about the level of connectivity in the Triangle. If the level of connectivity changed, then they would have to reexamine the original assumptions to make sure they were still sound. Nadine Smith, Senior Planner, explained that a text amendment had to go back through the entire process, including notification to DLCD. • 1 . CITY COUNCIL MEETING MINUTES - MAY 27, 1997 - PAGE 5 y I 1 1 ;l f 1 Councilor Rohlf asked if adding a definition that would increase the flexibility of the performance standards (such that some of the developments could occur) would require the full land use process. Councilor Hunt asked if the Council could craft implementing legislation similar to the state crafting implementing legislation for Measure 47/50. Mr. Hendryx said that Councilor Rohlf's suggestion was a possible way to include some adjustment provisions or performance options in certain sections of the Code. They would still have to go through the Planning Commission but the issue would be more defined. An example f would be requiring the pedestrian access every 330 feet but allowing it to be private, controlled by the property owner. Councilor Rohlf asked if staff could craft language for variances in the C-G area to allow applications to act more easily under the variance procedures. Ms. Smith commented that that sounded similar to the adjustment provisions mentioned by Mr. Hendryx. They would still have r. to make an assessment of the impact of the variances on the underlying assumptions but they had a better chance if they approached this as an adjustment or variance as opposed to dropping a standard. Councilor Hunt spoke against allowing the variance language. He contended that they would be getting rid of a problem today by creating more problems down the road. Councilor Moore 4 asked if the variance language could be restricted to the C-G zone. Mr. Hendryx said yes. Mayor Nicoli spoke for dealing with the C-G zone differently than the MUE zone because the x. issues were a bit different in each zone. He commented that the C-G zone was supposed to allow large scale development. He cited Mr. Martin's development approved by Council several years ago as an example of an attractive large scale development. He said that he was a comfortable with eliminating the 330 standard from the C-G zone and allowing a performance Gs; standard as an alternate in the 660 standard. He commented that he thought the 330/660 should stay put but he would also like to see an option for creativity and performance. Mayor Nicoli said that he would like to see the freeway signage issue corrected. The Council discussed procedure on how to handle this. Mr. Hendryx said that staff had enough' information to draw up the options discussed and bring them back for further Council " discussion. Councilor Moore commented that he did not want staff spending too much more time on this. Mr. Hendryx said that drawing up the options would provide staff with the opportunity to flesh out the different code issues involved and to understand the ramifications of the options. Councilor i<ohlf staled that iitey were not asking to change fire design standards, just the roadway systems to allow some developments in the C-G zone. He noted that the mayor wanted more flexibility with respect to pedestrian ways in the MUE zone. He and the Mayor both wanted the freeway signage issue corrected. Councilor Hunt reiterated his concern with allowing variances to change the written standards. Councilor Rohlf asked if any other agency required the 330 standard in the C-G zone. Mr. Hendryx said that DLCD had mentioned good pedestrian circulation, a housing component, and design principles but did not specifically reference the 330 standard. Ms. Smith mentioned that i based on the letters received from ODOT and Metro, the connectivity standards were a reason CITY COUNCIL MEETING MINUTES - MAY 27, 1997 - PAGE 6 A L. they supported the standards. t i ~ Mr. Hendryx said that staff would bring back the concepts to the June 17 workshop meeting. 4. VISIONING UPDATE Loreen Mills, Administrative Risk Analyst, reported that the Visioning Task Force was moving from the second phase of goal development to the third phase of Action Committees who would develop action plans to implement the goals. They would work from mid-June through mid-September. She mentioned the many positive comments she has received from Task Force members and citizens on the visioning process "as long as the plan did not sit on a shelf and gather dust." She invited the Council to the open house on Saturday, May 31, at which the public would view the Task Force work to date. Ms. Mills asked the Council for the names of people they knew might be interested in serving on Action Committees for any of the six categories within which the 28 goals were developed. 5 These categories included Public Safety, Urban & Public Services, Schools & Education (including private and home schooling), Growth & Growth Management, Transportation & Traffic, and Community Quality of Life. She said that Councilors were welcome to volunteer j also. i In response to a Council question, Ms. Mills said that participation has been very active at the Task Force meetings, with members feeling free to file minority opinions. Recently staff asked for feedback on the process; the Task Force overwhelmingly supported it. 5. METRO 2040 Mr. Hendryx reported that as part of the Code rewrite, staff was moving forward with incorporating into the Code rewrite the applicable provisions of the Functional Plan which the r Task Force felt comfortable with. He mentioned the intensive effort this Code rewrite took and. expressed his hope that they would only have to go through it once, although they might have to revisit a few issues subsequently. Mr. Hendryx reported that Metro has asked Tigard to take the lead in the grant application to do the implementation of the Regional Center plan for Washington Square, since it was in Tigard's jurisdiction. He commented that if they did not receive the grant (which they would not know until in July) they would have to find alternative funding sources. Mr. Hendryx mentioned that the Metro Council was looking at Title 3, Natural Resources. He cca t,,, said iuat City „la r,h- tpo rir„ , doing the cof Ida-rt~nr .vnrlr and rlid not want - - Stau aS w.. t n _ to do another edition in a couple of years. - - 5. INTERGOVERNMENTAL AGREEMENT WITH USA FOR COLLECTION OF CERTAIN SYSTEM DEVELOPMENT CHARGES AND FEES Mr. Hendryx explained that this was the second part of the IGA with Washington County to provide urban services to unincorporated Washington County in Tigard's sphere of interest. The concept was "one stop permitting." This agreement allowed Tigard to issue the USA permits and collect fees for USA from developers at the same time as the developers applied for CITY COUNCIL MEETING MINUTES - MAY 27, 1997 - PAGE 7 1 L~ i l their building permits. Since USA would not officially adopt this IGA until June 10 but Tigard h took over provision of services on June 2, Mr. Hendryx said that he has requested written ! confirmation of the verbal agreement with USA that Tigard could begin collecting fees on June 2. In response to Council questions, Mr. Hendryx said that this was essentially the same agreement that the County had with USA. It was revenue neutral. The provision for a late fee payment was included for consistency with the overall USA agreement. Ms. Beery said that David Scott, 3 the Program Administrator, did not think there would ever be an occasion when they would have to pay it. j Motion by Councilor Hunt, seconded by Councilor Scheckla, to authorize the Mayor to sign the agreement. Motion was approved by unanimous voice vote of Council present. (Mayor Nicoli, Councilors Hunt, Moore, Rohlf and Scheckla voted "yes.") 6. MEASURE 47 AND THE ANNEXATION PROCEDURE Mr. Hendryx reviewed the prior Council action regarding annexations in response to Measure 47: annexations were frozen until the issue was decided. Now that Measure 50 was decided, he asked for Council direction to revert to the old system for annexations. This included no sewer service in the Walnut Island without annexation, and no USA sewer service on Bull Mountain _ 1 without a waiver of remonstrance. Mr. Hendryx pointed out that the City had an opportunity to take a more proactive stance regarding collecting these waivers of remonstrance since they would now issue those permits. " He asked for Council direction to reinitiate annexations and process the applications currently on hold, to collect waivers of remonstrances per the old process, and to set up a program to review annexation waivers and annex land on a yearly basis instead of holding them for eventual ii annexation at some time. Councilor Hunt asked if the City would bring in the properties with waivers at any time the City choose. Ms. Beery said that the City could do that at any time during the life of the agreement. j ` Motion by Councilor Moore, seconded by Councilor Rohlf to approve the staff i recommendation. Motion was approved by unanimous voice vote of Council present. (114ayc-P:icoli, Councilors .,.y.,, Hunt, Moore, Rohlf and Scheckla voted "yes.") 7. NON AGENDA ITEMS > Police Remodel Mayor Nicoli noted that the funds for the police station addition were in the budget for next year. He asked Council to consider beginning the rebidding process now because it took 60 days to go through that process. CITY COUNCIL MEETING MINUTES - MAY 27, 1997 - PAGE 8 1 i~ 4 Councilor Hunt suggested that the City draw up a plan for all the capital improvements to the buildings - for library, police, and administration - as one unit. He pointed out that they would have to go out for a bond to pay for these buildings, and while citizens supported the library and police, it might be difficult to get a separate bond for administration. He noted that Mr. Monahan had said at the Budget Committee meeting that there was enough money in the budget for long range planning. Mayor Nicoli said that he did not oppose Councilor Hunt's suggestion. The Council agreed to put this item on the agenda for the June 10 study session. > Councilor Hunt asked when Interfaith would move out of the building. Mr. Monahan said that he did not know but he thought they would need a year. Councilor Hunt commented that perhaps the building could be used by the police for something. > Mr. Hendryx reported his intention to attend an open house in Beaverton on June 5 to hear the k report on the interurban rail system. This was the first time the report has gone public. 3 > Councilor Hunt asked when the Council goals would come back to the Council. Mr. Monahan said that staff would bring them back on June 17 for Council discussion. In addition, they would provide more information and detail on the critical goals. Councilor Hunt mentioned his suggestion to Mr. Monahan that staff develop a matrix listing the I goals down one side and the months across the other. He contended that prioritization best { occurred at the staff level. Mr. Monahan said that staff could recommend a priority order for the li goals for Council review. 8. EXECUTIVE SESSION: Canceled.. t 9. ADJOURNMENT: 9:24 p.m. Attest: Catherine Wheatley, City Recorder f I j r, City of Tigard _ . _ n n rte.. ~ ~ . ate: L C I - CITY COUNCIL MEETING MINUTES - MAY 27, 1997 - PAGE 9 t 3 t f R E C E I V E D COMMUNITY NEWSPAPERS, INC. Legal P.O. BOX 370 PHONE (503) 684.0360 Notice TT 8 8 2 8 MAY 2 7 1997 BEAVERTON, OREGON 97075 Legal Notice Advertising 1 CITY OF TIGARD *City of Tigard • ❑ Tearsheet Notice 13125 S11 Hall Blvd. •Tigard,Oregon 97223 • ❑ Duplicate Affidavit •Accounts Payable • AFFIDAVIT OF PUBLICATION - STATE OF OREGON, ) COUNTY OF WASHINGTON, )as' I, Kathy Snyder being first duly sworn, depose and say that I am the Advertising Director, or his principal clerk, of 1heTiga d-T ,al at; n Times a newspaper of general circulation as defined in ORS 193.010 and 193.020; published at Ti gard in the aforesaid county and state; that the City Cnnnnil Rusiness ?.Ipeting a printed copy of which is hereto annexed, was published in the entire issue of said newspaper for ONE successive and consecutive in the following issues: f4ay 22,1997 Subscribed and sworn t fore me this22nd day of t y _ 1997 .Ji py` OFFICIAL SEAL ROBIN A. BURGESS I NoAftr Public for Oregon NOTARY PUBLIC-OREGON My Commission Expires: *COMMISSION NO. 062071 MY COMMISSION EXPIRES MAY 16, 2001 AFFIDAVIT _ CITY COUNCIL BUSINESS MEETING TIGARD CITY HALL-TOWN HALL 13125 S.W. HALL BOULEVARD, TIGARD, OREGON - MAY 27, 1997 Study Meeting (Red Rock Creek Room) (6:30 P.M.) Executive Session Business Meeting (Town Hall) (7:30 P.M.) • Consider Library Board Appointments: Pat Harper, Sue Kasson and Nancy Irwin. • Consider a Resolution to Support the Highway 99W Corridor Strategy in Next Planning Effort by the Oregon Department of Transportation Discussion on Annexation Policy • Consider Intergovernmental Agreement with Unified Sewerage j Agency for Collecting Certain Systems Development Charges and v Fees • Update on Tigard Beyond Tomorrow Visioning Project Update on Measure 50 M828-Publish May 22, 1997. 1 L~ I AGENDA ITEM NO. 2 -VISITOR'S AGENDA DATE : May 27. 1997 ! ( (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. \ STAFF NAME, ADDRESS & PHONE q TOPIC CONTACTED 1 >;t'-+'ry CxtUeN ii435 st,_, Ga~'~ irc~ Cro(,.-,~ he ~ . UZI t4~ L' 1+1!00 -T-If-r- c~ r u i /y}oo Sw Fern ~ n- ~ ~ ~11 SSG (j G~F rl iii f.dcl~ ~V a r let., p [Allo t tz~ J !J i i i , t - I:IadmXjoW1s1t3ht.do - - j S LL i - 1 ® 1 1 I AGENDA ITEM FOR AGENDA OF CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY j ISSUE/AGENDA TITLE Authorization to advertise for bid - Menlo Reservoir Project I PREPARED BY: Ed Wegner DEPT HEAD OK CITY ADMIN OK ISSUE BEFORE THE COUNCIL Shall the Local ContractReview Board authorize bidding on the Menlor Reservoir Site Project. r STAFF RECOMMENDATION { It is the recommendation of the staff with concurrence from the Intergovernmental Water Board that the Local , Contract Review Board authorize the Department of Public Works along with it's Consulting Engineer, Murray, Smith and Associates to bid the Menlor Reservoir Site project. INFORMATION SUMMARY !nie anticipated work consists of construction of a 3.5 million gallon prestressed concrete reservoir, paved access Yoad approximately 1,200 feet long, water and storm lines in the following approximate lengths, 1,300 lineal feet I! of 16" Ductile Iron (DI) water lines, 700 lineal feet of 12" DI water line, 1,600' of 18" storm drain line with water quality facilities. Work also to include altitude control valve vault, a check valve unit, a small operations building, pipeline connections to existing systems, and miscellaneous appurtenances. OTHER ALTERNATIVES CONSIDERED • Start over with design and conditional use permit. • Abandon project. FISCAL NOTES The estimated cost of construction is $3.5 million. This will be paid from the Water Capital Projects Reserve and SDC funds. f • f a AGENDA ITEM # a 7 r FOR AGENDA OF 'V,-`V i rf~ CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Purchase of Tax Ma Lot 2S15DB/600 owned b Sandra F. Clute PREPARED BY: Ed Wegner DEPT HEAD OK CITY ADMIN OK v ISSUE BEFORE THE COUNCIL Shall the LCRB approve purchase of the above referenced tax lot (Clute property) adjacent to the Mentor Reservoir site. r STAFF RECOMMENDATION The staff, with concurrence from the Intergovernmental Water Board and the Consulting Engineer recommend the purchase of the Clute property for the required easement for the Menlor Reservoir site. INFORMATION SUMMARY j The City's Special Use Permit for the development of a 3.5 million gallon water reservoir required the City to - obtain an easement through the said property. During negotiation, it was determined that acquiring the entire parcel of land would be more appropriate for both the landowner and the City. i OTHER ALTERNATIVES CONSIDERED • Obtain an easement by purchase of above referenced parcel of land. • Stop design work on reservoir and look at alternate options for easement. This has been done and the Clute property is the most feasible option availahle. FISCAL NOTES The cost of the property is $350,000 to be paid from the Water funds. j f j F7 1 3.a c. ~q AGENDA ITEM 'V FOR AGENDA OF May 27. 1997 I CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Gray/Lamb Property Purchase PREPARED BY: W.A. Monahan DEPT HEAD OK CITY MGR OK bi1f1~ " ISSUE BEFORE THE COUNCIL Should Council ratify its discussion of May 13, 1997, to purchase the 21.13 acres of vacant land adjacent to Cook Park on SW 92nd Avenue to expand Cook Park? STAFF RECOMMENDATION Staff recommends that Council ratify its decision of May 13, 1997, when it directed the City Manager to proceed to exercise the option to purchase the land. j INFORMATION SUMMARY For the past year, staff has worked with Mr. and Mrs. Robert Gray and Mr. and Mrs. Charles Lamb to complete a real estate transaction to transfer 21.13 acres of land from the owners (Gray and Lamb) to the City. The City fishes to acquire the 21.13 acre parcel to expand Cook Park. The City will purchase the land using Parks Systems Development Charge funds. The Tigard Soccer Club and Tigard Little League formed as the Atfalati Recreation District, is finalizing an agreement with the City where the leagues will reimburse the City for one half of the acquisition price. Together, the leagues and the City will develop the site following the revised Cook Park Master Plan. On May 13, Council directed the City Manager to proceed to exercise the option to purchase the land. This has been completed and arrangements are underway to close the transaction by the end of May. Since the item was considered by Council as anon-agenda item, the matter was placed on the May 27 Agenda to allow Council to ratify its action. OTHER ALTERNATIVES CONSIDERED 1. Take no action. 2. Direct staff to discontinue efforts to purchase the land. FISCAL NOTES The acquisition cost is $300,000. Once the Atfalati agreement is signed, the leagues will begin contributing annual payments until the City receives $150,000 to offset the purchase price. dm\catliv\councii\c kpksum.dm - 9 FF- i q3 I A - PURCHASF S T.F. AGREEMENT AND.10INT ESCROW INSTRUCTIONS THIS PURCHASE AND SALE AGREeAENT AND JOINT ESCROW INSTRUCTIONS ("Agreement") is entered into as of May n-, 1997 (the "Effective Date"), between SANDRA F. CLUTE ("Seller") and the CITY OF TIGARD, an Oregon municipal corporation ("Purchaser"). RE.CITAT C A. Seller is the owner of the property located in the City of Tigard, Washington County, Oregon that is described in Exhibit "A" attached hereto and incorporated herein by reference (the "Property"). B. Purchaser desires to purchase from Seller, and Seller desires to sell to Purchaser, the Property. C. It is the intention of the parties to set forth in this Agreement the terms and conditions of the sale and purchase of the Property. D. These recitals am contractual in nature and shall be construed to give full effect to the provisions of this Agreement. AGBE)CiT In consideration of the mutual promises set forth in this Agreement, the parties agree as I follows: i 1. Purchase Prime. The purchase price (the "Purchase Price") to be paid by Purchaser to Seller for the Property is Three Hundred Fifty Thousand and No/100 Dollars ($350,000). The Purchase Price shall be payable in cash or other readily available funds through escrow at the L Closing (as defined below). 2. Escrow and Earnest Money Ra=ent. t~ 2.1 Escrow Agent. Upon execution of this Agreement, the parties shall deliver a copy of this fully executed Agreement to Transnation Title Insurance Co. 12360 E. Burnside, Portland, Oregon 97216 (the "Escrow Agent"). Seller and Purchaser hereby authorize Escrow Agent to take necessary steps for the closing of this transaction pursuant to the terms of this Agreement. Further, Seller and Purchaser hereby authorize their respective attorneys to execute and deliver into escrow any additional instructions consistent with this Agreement as may be necessary or convenient to implement the terms of this Agreement and to close this transaction. Page 1 - PURCHASE AND SALE AGREEMENT AND JOINT ESCROW I i INSTRUCTIONS 3 l 2.2 Earnest Money. Within five (5) days of the opening of escrow with Escrow Agent, Purchaser shall deposit with Escrow Agent $5,000.00 (the "Earnest Money") to j be applied to the Purchase Price if the transaction contemplated herein is completed, or if the transaction is not completed, to be disbursed by Escrow Agent in accordance with the terms of Section 2.3 of this Agreement. i i 2.3 Cancellation Fee and Expenses. In the event this escrow terminates I because of the non-satisfaction of any condition set forth in Section 3 any cancellation charges required to be paid to Escrow Agent shall be borne equally by Seller and Purchaser. In the event ' this escrow terminates because of Purchaser's default, the cancellation charges required to be paid to Escrow Agent shall be borne by Purchaser. In the event this escrow terminates because of Seller's default, the cancellation charges required to be paid to Escrow Agent shall be borne by Seller. 3. Conditions Precedent to Purchaser's Obligation to Close. Purchaser's obligation to close the transaction described in this Agreement is expressly contingent on satisfaction or waiver by Purchaser of all of the following conditions precedent: 3.1 Aproval of Title by Purchaser. 3.1.1 Preliminary Title R=rt. Within five (5) days of the effective date of this Agreement, Purchaser, at Purchaser's expense, shall obtain a Preliminary Title Report issued by the Escrow Agent, describing the Property, listing the Purchaser or the Purchaser's designee as the prospective named insured, and showing as the policy amount the total Purchase Price. The Escrow Agent shall also deliver to Purchaser copies of any financing j statements filed against the Property and true, correct and legible copies of all instruments referred ` to in such Preliminary Title Report as conditions or exceptions to title to the Property, including liens. f I 3.1.2 Tile O j ions t - I 3.1.2.1 Notice to Seller. In the event the Preliminary Title Report should show any exceptions other than the Permitted Exceptions (defined below), i Purchaser shall have until May 23, 1997 to disapprove the exception(s) in Purchaser's sole discretion by written notice of disapproval to Seller. Failure of Purchaser to disapprove of any exception within such time shall be deemed an approval. 3.1.2.2 Seller's Removal of x motions, In the event Purchaser shall disapprove any exceptions to title, Seller, within five (5) days of written notice of disapproval by Purchaser, notify Purchaser in writing of those disapproved exceptions that Seller agrees to remove, or will not remove, prior to the Closing. 3.1.2.3 Purr aser'c Remedies. In the event Purchaser does not approve the exceptions and Seller is unable or unwilling to remove the same with the exercise Page 2 - PURCHASE AND SALE AGREbAENT AND JOINT ESCROW INSTRUCTIONS ,m,,, lI I ' 3.3 Failure of Conditions Precedent, In the event of a failure of any i condition precedent to Purchaser's obligation, or if Purchaser has timely terminated this { a Agreement pursuant to Sections 3. 1, or 3.2, the escrow and the rights and obligations of Purchaser 1 and Seller under this Agreement shall terminate, and the Earnest Money deposit shall be returned j to Purchaser by Escrow Agent. 4. Seller's Warranties. ' I { 4.1 Marketable Ti 1 Seller warrants good and marketable title, good right to convey, quiet possession and further warrants that no work, labor or materials have been expended, bestowed or placed upon the Property, adjacent thereto or within any existing or proposed assessment district which will remain unpaid at close of escrow or upon which a lien may be filed at close of escrow. 4.2 Parties in Possession. Seller warrants that as of the close of escrow there r will be no parties or trespassers in possession of any of the Property, and there will be no rental agreements or leases affecting the Property. 4.3 Authority of Seller. Seller warrants that it has the authority to execute this Agreement, to enter into the escrow contemplated herein, to perform all of its obligations hereunder, and that the party executing this Agreement on behalf of Seller has been fully authorized by appropriate corporate resolution to bind Seller to the terms and provisions hereof. 4 4.4 Nation to Acquire Premises. Seller represents that no person or entity has any right of first refusal or option to acquire any interest in the property or any part thereof. 4.5 Environmental Warranty. Seller has no knowledge of any existing or pending claim or of any facts or circumstances that may give rise to any future civil, criminal or administrative proceedings against Seller relating to hazardous materials. To the best of Seller's knowledge, no hazardous materials have been discharged upon, brought upon or stored on the Property in violation of applicable law. As used herein "hazardous materials" means any substance the presence of which on the Property is regulated by any federal, state or local law relating to the protection of the environment or public health. 5. losin 5.1 losin-eDare, The closing (the "Closing") of the sale of the Property by Seller to Purchaser shall occur in escrow in the offices of the Escrow Agent on or before May 30, 1997 (the date of the Closing being the "Closing Date"). The transaction contemplated in this Agreement is "closed" when the Deed (as defined below) to be delivered by Seller is recorded, all other documents required by this Agreement are executed and delivered, and the Purchase Price is paid through escrow to Seller as provided in this Agreement. Page 4 - PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS t 5.2 Deliveries to Escrow Azennt. In connection with the Closing, the following shall occur, and the performance or tender of performance of all matters set forth in this Section 5.2 shall be mutually concurrent conditions: 5.2.1 seller's Deliveries. On or before the Closing Date, Seller, at Purchaser's cost and expense, shall deliver the following into escrow: (i) Statutory Warranty Deed ("Deed"), fully executed and acknowledged by Seller, conveying to Purchaser the Property free and clear of all encumbrances other than the Permitted Exceptions; (ii) At Closing, and at the expense of Purchaser, Purchaser shall cause to be issued to Purchaser an ALTA standard coverage owner's title policy in the amount of the total Purchase Price that shall insure fee simple, indefeasible title to the Property in Purchaser, subject only to the Permitted Exceptions; provided that Purchaser shall have the right to order an ALTA exta-tded coverage owner's policy. Purchaser shall be responsible for and pay the premium for the standard ALTA owner's policy and the ALTA extended coverage owner's policy, together with all related expenses. (iii) Certificate executed and sworn to by Seller (a) confirming Seller's United States taxpayer identification number and (b) stating that Seller is not a "foreign person" within the meaning of Section 1445 of the Internal Revenue Code of the United States of America of 1986 and otherwise in compliance with §1.1445-2T of the regulations promulgated thereunder. 5.2.2 Purchaser's Deliveries. On or before the Closing Date, Purchaser shall deliver the Purchase Price into escrow, receiving full credit for the Eamest j Money. 5.3 loci Costs- Prorations. Purchaser shall pay all escrow fees. Purchaser shall pay the cost of recording the Deed and the cost of an ALTA standard coverage owner's policy of title insurance. Purchaser shall pay the additional premium necessary for an ALTA extended coverage owner's policy of title insurance, if Purchaser shall desire such extended coverage, together with all other attendant costs for such extended coverage. Ad valorem and similar taxes and assessments relating to the Property shall be prorated between Seller and 7f.-«,1.~~ ..C. yn.. T..•.. c:.ti:: L L e.i .,...d c c L--. =e up .w ,....h ,7... ted and Purchaser being charged and credited for the same on and after such date. If the actual amounts to be prorated are not known at the Closing Date, the prorations shall be computed on the basis of the evidence then available; when actual figures are available a cash settlement shall be made between Seller and Purchaser. The provisions of this Section 5.3 shall survive the Closing. 5.4 Authority Documents. Purchaser and Seller shall, if requested by the other party or the Escrow Agent, furnish satisfactory evidence of their authority to consummate the sale and purchase contemplated by this Agreement. i Page 5 - PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS J 5.5 Possession. Seller shall deliver to Purchaser possession of the Property j on the first full day after completion of the Closing. 6. Rees. r i 6.1 Seller's Remedies. If Purchaser fails or refuses to perform any of its obligations under this Agreement for any reason other than failure of a condition precedent to occur or termination of this Agreement pursuant to Sections 3.1, 3.2, or 3.3, then Seller may terminate this Agreement by notifying Purchaser thereof, in which event neither panty shall have any further rights or obligations hereunder and Seller may retain the Earnest Money as liquidated damages and as Seller's exclusive remedy. 6.2 Purchaser's Remedies. If Seller fails or refuses to perform any of its obligations under this Agreement for any reason other than termination of this Agreement by Purchaser, then Purchaser may either. (i) terminate this Agreement by notifying Seller thereof and k thereafter neither party hereto shall have any further rights or obligations hereunder, or (ii) Purchaser may seek any other rights, resources or remedies (including, without limitation, specific performance) available to Purchaser, such rights, remedies and resources hereunder to be cumulative, and not in exclusion of any other. j 7. General Provisions. 7.1 Time. TIME IS OF THE ESSENCE of this Agreement. j 7.2 Full A uthori tr. Each of the signatories to this Agreement represents and warrants that he/she has the full right, power, legal capacity and authority to enter into and perform his obligations hereunder and no approval or consents of any other person are necessary in connection herewith. ' 7.3 hT=Lion of Agcmy and Partnership. Any agreement by either party to cooperate with the other in connection with any provision of this Agreement shall not be construed as making either party an agent or partner of the other party. 7.4 Applicable Law. This Agreement shall be governed by, and construed in accordance with, the laws of the State of Oregon. 7.5 Statutory Disc'aimer. TrtfE PRO1?EItTY DESC:kUBEU 1N wS t - INSTRUMENT MAY NOT BE WITHIN A FIRE PROTECTION DISTRICT PROTECTING STRUCTURES. THE PROPERTY IS SUBJECT TO LAND USE LAWS AND REGULATIONS, WHICH, IN FARM OR FOREST ZONES, MAY NOT AUTHORIZE i CONSTRUCTION OR SITING OF A RESIDENCE AND WHICH LIMITS LAWSUITS i AGAINST FARMING OR FOREST PRACTICES AS DEFINED IN ORS 30.930 IN ALL ZONES. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON I ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE J 4 E I Page 6 - PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS III 1 3 • APPROPRIATE MY OR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED USES AND EXISTENCE OF FIRE PROTECTION FOR STRUCTURES. i i 7.6 S v . hility. If any provision of this Agreement shall be held to be void or invalid, the same shall not affect the remainder hereof which shall be effective as though the void or invalid provision had not been contained herein. 7.7 Modification or Amendments. No amendment, change or modification of this Agreement shall be valid, unless in writing and signed by all the parties hereto. 7.8 Waiver. Except as otherwise provided in this Agreement, failure of either party at any time to require performance of any provision of this Agreement shall not limit the party's right to enforce the provision, nor shall any waiver of any breach of any provision be a waiver of any succeeding breach of the provision or a waiver of the provision itself or any other provision. 7.9 gssj,gnment. Seller shall not delegate its duties under this Agreement to any party without the written consent of Purchaser which may be granted or withheld in the sole and unfettered discretion of Purchaser. Seller acknowledges and agrees that the continuing obligation of Seller regarding remediation of hazardous materials which may be located on the Property and for indemnification as provided in this Agreement constitute a material portion of the consideration for entry into the Agreement by Purchaser. Purchaser shall not assign its right, title and interest under this Agreement without the prior written consent of Seller, which consent shall not be unreasonably withheld by Seller, provided, however that no such consent shall release Purchaser from its obligations hereunder. 7.10 Successors and ssiens. Subject to the provisions of Section 8.9, this Agreement shall inure to the benefit of, and shall be binding upon, the parties hereto and their respective heirs, legal representatives, successors and assigns. 7.11 lye. All notices required or provided under this Agreement shall be I in writing. If mailed, notice shall be deemed effective forty-eight (48) hours after mailing as i certified mail, postage prepaid, directed to the other party at the address set forth below or such other address as the party may indicate by written notice to the other as provided herein; notice given in any other manner shall be effective upon receipt by the addressee. For purposes of notice, the addresses of the parties shall be as follows: Page 7 - PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS a o d d ~,.,x, i l ii I If to Seller, to: Sandia F. Clute 11070 SW Errol Street i Tigard, OR 97223 If to Purchaser, to: City of Tigard Attn: Ed Wegner 13125 SW Hall Boulevard Tigard, OR 97223 With a Copy to: Pamela J. Beery O'Donnell Ramis Crew Corrigan & Bachrach k 1727 N.W. Hoyt Street Portland, Oregon 97209 7.12 intPmaThis Agreement may be executed in several counterparts, each of which shall be an original, but all of which shall constitute but one and the same agreement. 7.13 Captions and H a in s, The captions and headings of this Agreement are for convenience only and shall not be construed or referred to in resolving questions of interpretation or construction. 1 7.14 Calculation of Time. All periods of time referred to herein shall include Saturdays, Sundays and legal holidays in the State of Oregon, except that if the last day of any period falls on any Saturday, Sunday or such holiday, the period shall be extended to include the next day which is not a Saturday, Sunday or such hoLday. ! 7.15 Commissions. Each party warrants that it has not utilized the services of an agent, broker or finder with regard to the transaction contemplated by this Agreement. Seller hereby agrees to defend, indemnify and hold harmless Purchaser, and Purchaser hereby agrees to defend, indemnify and hold harmless Seller, from and against any claim by any third parties not named herein for brokerage, commission, finder's or other fees relative to this Agreement or the sale of the Property, and anv court coos s- cr ..thcr expenses arising therefrom, and alleged to be due by authorization of the indemnifying party. 7.16 Attorney Feee. If a suit, action, or other proceeding of any nature whatsoever ('including any proceeding under the U.S. Bankruptcy Code) is instituted in connection with any controversy arising out of this Aoreem_ent or to interpr a or enforce any rights hereunder, the prevailing party shall be entitled to recover its attorneys', paralegals', accountants', and other experts' fees and all other fees, costs, and expenses actually incurred and reasonably necessary in connection therewith, as determined by the court at trial or on any appeal or review, in addition to all other amounts provided by law. Page 8 - PURCHASE AND SALE AGR Mv[ENT AND JOINT ESCROW INSTRUCTIONS J 7.17 Entire A m n . This Agreement constitutes the entire agreement between and among the parties, integrates all of the terms and conditions mentioned herein or incidental hereto, and supersedes all negotiations or previous agreements between the parties or their predecessors in interest with respect to all or any part of the subject matter hereof. i EXECUTED as of the Effective Date. SELLER: PURCHASER: l !~/I City of Tigard, an Oregon municipal corporatiom Sandra F. Clute By: ame: a e NIKOU r m Duly Au orized Representative 4 t ACCEPTANCE BY TITLE COMPANY by its duly authorized signature below, agrees to accept this escrow on the terms and conditions of, and to comply with the instructions contained in, the foregoing Agreement. i.. By: i Its: 4 J: I I I j Page 9 - PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS ,o, s F-NHMrr "A" i A tract of land in Section 5, Township 2 South, Range 1 West, of the Willamette Meridian, in the County of Washington and State of Oregon, described as follows: Beginning at an iron pipe on the North and South centerline of Section 5, Township 2 South, Range 1 West, of the Willamette Meridian, in the County of Washington and State of Oregon, said iron pipe being North 00 48' East 1897.04 feet from the South one-quarter corner of said Section 5; running thence from j said beginning point South 890 12' East 337.1 feet to an iron pipe; thence North j 00 48' East 225 feet to a point; thence North 89° 12' West 312 feet, more or less, to a point 25 feet East of the North-South centerline of said Section 5; thence North 00 48' East parallel with said North-South centerline 764 feet, more or less, to a point 25 feet South of the South right of way line of Scholls Ferry Road (County Road No. 812); thence Northeasterly to a point on the South right of way line of Scholls Ferry Road which is 50 feet East of the North-South 4 centerline of Section 5; thence Westerly along said South right of way line 50 feet to the North-South centerline of Section 5; thence South 00 48' West 989 feet, more or less, to the point of beginning. EXCEPTING THEREFROM that portion conveyed to Tom Miller Builder, Inc., an Oregon corporation, by Bargain and Sale Deed recorded April 17, 1995 under Recorder's Fee No. 95026309. i • a AGENDA ITEM # FOR AGENDA OF May 27. 1997 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Appointments to the Library Board j' PREPARED BY: Liz Newton DEPT HEAD OK CITY ADMIN OK ISSUE BEFORE THE COUNCIL r Appointments to fill a vacancies on the Library Board. STAFF RECOMMENDATION i s Adopt the attached resolution making appointments to the Library Board. INFORMATION SUMMARY On April 29, 1997 the Mayor's Appointment Advisory Committee interviewed candidates for vacancies on the Library Board. Attached is a resolution which, if adopted, would approve the appointments recommended by e Mayor's Appointment Advisory Committee. 1 _ i ~ OTHER ALTERNATIVES CONSIDERED f 4. Delay action on the appointment. 4 jt FISCAL NOTES c i:kity%idcl-dot .,r-.wr...~n~ - - i . _J i j r t P .1 4-21.-1997 1:20PM FROM EASYSTREET. INC 503 646 1400 1 1 Post 1N bFax Note 767~1a 0"' y L 97 aa~" ~ 111' ~iCaMvN~'✓.rt~7F.~' Fora (Jati ro+,.n Col9ept ~ X' SQo ~ FGO~ F- (o W-7 Z-9 Fax e Co V( /%o - - - CITY ®F TIGA® CIZTZEN CONWrrEE INMER r APPLICATION OREGON 1 tP ' I Name: !V R ~t e J xr c3 i Date: /Z/ 777 Address (Iles.): 977- z3 M. Phone 59° -Goo Address (Bus.): - Bus. Ph== - Length of Readence in Tigard: _HT a rI SIMM d. br. Kama r Where did you five previously: S «P 1n Po rf 14., d. Edu lBad a: Occapad=2l St= and Badtgrotmd: _ G,.,-rx.►+17 ,ao T pa - NI v ; r Q cc j y EAx Sf/et"1 O,~ (r -'5'-v, CC S 8--,4- r n , f i How long have you been employed with this &m: 3 /w.d~f~ r Previous Community Activity: Y ` LQard L- to -r l>oar~ w .r c~a:rD. ce~.p~ ~ U yry QCTI V`t Iln S'f',{~n ~n•1 P4yi 31, QN~ Sol} fjoyj q..cl G,rlfr J4•~ Sc G1`c'~+~ I _ - Organizado S and Offices: Tr C4 S S^U~.oo I (artp l S ' lT3S o c i wil~a k r S.,vcd o f1~ iQ oa,d oY Di •~t1o S ter (,Jej~S, I,,- .L-- o Other Information General Remarks): QA* ~c••~: I~ s a e~ Boards or Committee Interested in: Any other pertinent information you want to share? ;1~~ < d s o w H-~ b ••.,,y /3~.~•-b - Please retina this form to Liz Newton, City of Tigard, 13125 SW Hall Blvd.. Turd, OR 47223 I - Vk 13125 SW HHcQ Stvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772 i L~ 1 1 I CITIZEN CO~1N[ITTEE INTEREST APPLICATION 41 LOREGON Nance: ~t lS S~ N (LL k4s"o r\j Date: S t l Address (Res.): A GS-5 0 S 01) 1 7J Res. Phone ~ q 7 ~ address (Bus.): U -1Z 5-10 W6151t&- 5Q P-6 l C Bus. Phone: l 0!2 Length of Residence in Tigard: t 3 S Suggested by: SULF Where did you live previousiv: Po tR Educational Background: tp. Ede utz.,k~1/gnu P S 5 PeZ &"-A t~CS Occupational Status and Background: A-z tw. m, A 4A N ~ I 21 to N ~ ~,S N P,5 ~ 6 t~tz_~ ~1•~64 L~[ZS I\} How long have you been employed with this firm: ~ '~S ~leT=~iW12 Previous Communitv Activity: N a MYV1 ~`G t: [~ivG~~,,tir:.)~ C-sES ~~Cg4~~36~_aob ~G~T- U,P Se; oo G y ot,c.~ --tom l tC9*tzz oiso ~j im::M( Or-anization-s and Offices: b CP_lD 4N S _ ~ ~ emu. CST LDs off- C2 ~ ' - V~~krv~a`~J @ eC~B-E ~t.c,t_wt. ~aa~t~ _ Oilier ituormadon (venerai Remarks): 1 V V -1 Ll'v v 1 C_ V 1 VA --J V " _ _ j Boards or Committee Interested in: i , ~I,L1 ~P(~ ECID ` Z L~~J~ ~ Any other pertinent information you want to share? I Plea •eturn this form to Liz Newton, City- of Tigard, 13125 SW Hall Blvd., Tigard, OR 97223 admjo,atcomm.doc 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772 3 a I 1 i r ~ CITY OF FIGARD CITI'ZEN'CO-.'%['L%[ITTEE INTEREST APPLICATION OREGON i 7 Name: J r cAo- c1 . \ lo~~( ae Y Date: -31(, J c17 Address (Res.): ir1fi7S S k Sun,n.e6 Vr:yL- Res. Phone: - 33 53 Address (Bus.): - Bus. Phone: a. Length of Residence in Tigard: Suggested by: Where did you live previously: GfL W n 11ee r ~1_ Educational Background: BA t-le►reA 1A I LS a Occupational Status and Background: Mlv'x r► a c'~c4 er S chcr ` rc~v~Gl~ C r- c;. r. o resin c L wcccr`' \mck i A• A 1 nc" 1 1 i {~C~ft ci c \ ~~ney11 \\e ~,JL /"1 `,.,o Y'-'L N,I - P,ererc L-: 0.r'.c,r~- - vouhoogy sanrhr r C7s~uec o Vic.\o1:c l:.~r<<Y 1 How• na --m l_ Previous Community Activity: C ? ~t~usUerr L-x-c.~v~~•.. R. .~c..~~~ fnSlr 1c,.rw?nrr ie::vsrG,~ ? I ' Organizations and Offices: ~c ~r : ~k 1~.c ~,.~ne r I Other Information (General Remarks): i Boards or Committee Interested in: LabNC. r ~i \?)rcN Yca { Any other pertinent information you want to share? Please• return this form to Liz NeNvton. City of Tigard, 13125 SW Hall Blvd., Tigard, OR 97223 i i:.adm jadimmin.dx 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772 I { AGENDA ITEM # 1 LI FOR AGENDA OF May 27. 1997 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE A resolution supporting the Highway 99W/OR 1$ Corridor Strategy PREPARED BY: Laurie Nicholson DEPT HEAD OK ITY ADMIN OK ISSUE BEFORE THE COUNCIL At the April 22 City Council meeting, staff from ODOT presented the Highway 99W/OR 18 corridor strategy. This resolution is to formally support the corridor strategy that was presented. STAFF RECOMMENDATION j Staff recommends that the City Council approve the resolution. i INFORMATION SUMMARY he resolution expresses the City's support for the corridor strategy and the City will continue to coordinate 9 iith ODOT in the next phase of the Highway 99 W/OR 18 corridor planning effort. In addition, the resolution supports further efforts between ODOT and Tigard to develop and implement an access management plan for Highway 99W through Tigard; and to study the feasibility of an additional access to Highway 217 from the Tigard Triangle; and to study the feasibility of a commuter line between Beaverton and Wilsonville. OTHER ALTERNADVES CONSIDERED The City Council could ask staff to make further changes to the resolution, or Council could vote to not approve the resolution. FISCAL NOTES No fiscal impacts involved. i.A ity,,i&99W -dm i i i -l AGENDA ITEM # For Agenda of Mgy 27, 1997 r CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY I ISSUE/AGENDA TITLE Intergovernmental Agreement between the Unified Sewerage Agency (USA) and the City of Tigard for the collection of certain systems development charges and fees. PREPARED BY: David Scott DEPT HEAD OK CITY ADMIN OK f _ ISSUE BEFORE THE COUNCIL Should the City enter into an intergovernmental agreement (IGA) with the USA to collect certain system development charges and fees for portions of unincorporated Washington County? STAFF RECOMMENDATION Staff recommends that Council approve entering into the intergovernmental agreement to collect certain systems development charges and fees for portions of unincorporated Washington County. INFORMATION SUMMARY The City and County have entered into an IGA for the provision of specific urban services for portions of unincorporated Washington County. This IGA supplements the other to allow the City to collect certain fees and charges for the USA. This will allow builders obtaining permits for building construction to pay all fees and F charges to and obtain all required permits from Tigard instead of having to deal with the USA. This I A does 1 ? not transfer USA responsibilities with respect to utility work in subdivisions. I I i I OTHER ALTERNATIVES CONSIDERED i I The City could choose to not enter into the intergovernmental agreement with the Unified Sewerage Agency. FISCAL NOTES The charges and fees collected by Tigard for the USA will be forwarded to the USA (essentially a "pass-through"). All services for which the charges and fees are collected will be provided by the USA, except for erosion control plan review. A portion of the erosion control plan review fee will be retained by Tigard to cover our costs. Also, a sewer connection inspection fee will be charged and retained by Tigard to cover costs for this inspection. ".CAYVIIDE~SUMVG~SOG FEE 7 - I i l i S J 1 URBAN SERVICES INTERGOVERNMENTAL AGREEMENT ! CITY OF TIGARD AND UNIFIED SEWERAGE AGENCY OF WASHINGTON COUNTY This agreement is entered into this _ day of 19_ by the UNIFIED SEWERAGE AGENCY OF WASHINGTON COUNTY, a municipal corporation and county service district of Washington County, Oregon, hereinafter referred to as the "AGENCY", and CITY OF TIGARD, an incorporated municipality of the State of Oregon, hereinafter referred to as the "CITY". WHEREAS, the parties have in place various intergovernmental agreements governing their relationship, this agreement supplements those by adding a new affected area; and WHEREAS, ORS 190.007 states a policy concerned with firrthering economy and efficiency in local government and states that intergovernmental cooperation is a matter of state-wide concern; A. and W' cFiEe;.S, ORS 190.010 provides that units of local government may enter into written agreements with other units of local government for the performance of any or all functions and activities that a parry to the agreement, its officers or agencies, have authority to perform; and WHEREAS, the AGENCY and the CITY believe it is in the best interest of efficiency and economy to transfer responsibility for certain services to the CITY consistent with the objectives of SB 122; NOW, THEREFORE, THE AGENCY AND THE CITY AGREE AS FOLLOWS: SECTION 1: AREA AFFECTED BY AGREEMENT The area affected by this intergovernmental agreement is defined by Ex.~uit "1~ to this .t agreement and is hereinafter referred to as the "Area." I i I SECTION 2: DELEGATION OF AUTHORITY I The AGENCY agrees to delegate to the CITY the following authority to provide services under this agreement: A- Tca,ance of 8.°..".it-.., c....wcr cor _ wwictittUn reItrnrS and COUeCt10n of Sanitary Sewer Systems Development Charges. B. Collection of Surface Water Systems Development Charges. C. Issuance of Erosion Control Permits and collection of related fees. .J ' URBAN SERVICES INTERGOVERNMENTAL AGREEMENT - Page 1 1 L~ r i SECTION 3: RESPONSIBQ.ITIES OF PARTIES A. The AGENCY agrees to perform the following activities as part of this intergovernmental agreement: 1. Transfer all documents, files, and computer data relevant to the particular services denoted in the agreement on or before the effective date of this agreement. 2. Provide, as needed, and as AGENCY staff is available, technical assistance to the CITY to assist in those services requiring AGENCY expertise. Such technical assistance shall be delivered to the CITY at no charge. B. The CITY agrees to perform the following activities as part of this intergovenji mental agreement: 1. Collect erosion control fees in accordance with the AGENCY's Schedule of Rates and Charges; perform the review of erosion control plans submitted as part of a permit for the construction of a building or for minor j grading work not part of a development; issue erosion control permits; and promptly forward approved plans and permits to the AGENCY. = j 2. Withhold approval of all "foundation" building inspections until receiving 4 - 1 AGENCY approval in writing of erosion control techniques being in place, and to cooperate with the AGENCY in its enforcement efforts. 3. Promptly inform the AGENCY of any erosion control violations of which i the CITY becomes aware. 4. Pay the AGENCY 100 percent of Erosion Control Inspection Fees and 50 percent of Erosion Control Plan Check Fees collected under this I i agreement. 5. Collect Sanitary Sewer Connection Fees according to the AGENCY's Schedule of Rates and Charger and issue Sanii*:ry cv :e: ~:W.C~.ivu = Permits. 6. Pay to the AGENCY 100 percent of Sanitary Sewer Systems Development Charges collected under this agreement. 7. Collect Surface Water Systems Development Charges (Water Quality and Water Quantity). 8. Pay to the AGENCY 100 percent of Surface Water Systems Development Charges collected under this agreement. URBAN SERVICES INTERGOVERNIMENTAL AGREEfENT - Page 2 L~ I ii I ~ 9. All payments to the AGENCY collected by the CITY under this agreement shall be due and payable to the AGENCY 30 days after receipt of the revenue by the CITY. AGENCY shall have the right to request interest on late payments at a rate of three-quarters of one percent (0.75%) per month on the unpaid balance. SECTION 4: OPERATING PROCEDURES AND RELATIONSHIPS A- DISPUTE RESOLUTION AGENCY and CITY staff will observe the rules, standards and regulations reference by this agreement. In the case of a dispute about the terms of this a agreement or how to effectuate this agreement, the AGENCY and CITY staff will immediately refer the dispute to the AGENCY General Manager and the CITY Community Development Director to resolve the dispute. If the parties have not resolved the dispute within 30 days, the dispute shall be forwarded to the City and ' the Agency for resolution. If the matter still cannot be resolved, the arbitration I provisions of ORS 190.710-190.800 shall apply. B. AMENDMENTS Amendments will be by mutual written agreement of the parties. SECTION 5: TERM OF AGREEMENT A- This agreement shall be effective upon execution by both parties and shall remain in effect for five (5) years, or until terminated by mutual written agreement of both parties. By mutual written agreement, this agreement may be extended for another , five (5) years. Either party may terminate this agreement between the dates of March 1 and July I of any year with 90 days written notice to the other party. I _ B. The CITY shall be responsible for processing all permits or applications for this Area which have not been completed at the time of the termination of this agreement. SECTION 6: HOLD HARMLESS A. Subject to the limitations of liability for public bodies set forth in the Oregon Tort Claims Act, ORS 30.260 to 30.300, CITY shall hold harmless and indemnify AGENCY, its Directors, employees and agents against any and all claims, damages, losses and expenses ('including all attorney(s) fees and costs), arising out of or resulting from CITY's performance of this agreement where the loss or claim is attributable to the negligent acts or omissions of the CITY. Ik URBAN SERVICES INTERGOVERNMENTAL AGREEMENT - Page 3 f i now B. Subject to the limitations of liability for public bodies sct forth in the Oregon Tort Claims Act, ORS 30.260 to 30.300, AGENCY shall hold harmless and indemnify CITY, its Councilors, employees and agents against all claims, damages, losses and expenses (including all attorney fees and costs) arising out of or resulting from AGENCY's performance of this agreement where the loss or claim is attributable to the negligent acts or omissions of AGENCY. In WITNESS WfiEREOF, the parties have executed this Urban Services Intergovernment Agreement on the date set opposite their signatures. UNIFIED SEWERAGE AGENCY CITY IGARD, O By By General Manager Mayor, City of Tigard Date Date 5f c7 Alf 7 Approved as to Form: Approved as to Form: Attorney for Agency City Attorney 9~ ~ X519 iS 1 1 1 I{} . URBAN SERVICES INTERGOVERNMENTAL. AGREEMENT - Page 4 `i I 9JY All 3ti1nINfnUn lna/EMq ~ 1~, ~5J rLrJ , ( r~ 1,~ J~ ~I I CY) CY) } r fI.. -,:I ~1 - ' n nvllen ~ ~ J ~ i l - I I 10 1-4 r W I Ut4tt~ III: rxii ~ ~ U . 1. . \ ~ j I I ) ~ ~ ' ~ I-( _ - _ - - Jet , ~ _ .,1~ ; ; 1 . J - - - r:. Q 1~~ ~ ~•'.~I .l'..': :I.') j.~~ ~ 11 I~ t t On 1171 I'll 1 ^ AGENDA ITEM FOR AGENDA OF May 27. 1997 r CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Measure 47 and Annexation Procedure PREPARED BY: Laurie Nicholson DEPT HEAD OK . / CITY ADMIN OK i ISSUE BEFORE, THE COUNCIL Shortly after Measure 47 went into effect, City Council voted to delay processing applications until there is more information. Enough time has passed so the City may need to reexamine the annexation issue. - t If Measure 50 passes, the City will be able to assess its tax rate, without an election, on newly annexed f properties which was the situation prior to Measure 47. Universal agreement does not exist on whether or not { all annexation procedures will revert to the pre-Measure 47 procedure. The state legislature may have to change annexation procedures should Measure 50 not pass, so local governments can assess their tax rates. i STAFF RECOMMENDATION i ' taff recommendation is to obtain waivers of non-remonstrance from potential annexees, allow them to have sewer services extended, and annex later. Staff will revise their procedures to ensure that properties are annexed ' after the fact. Staff will annually review the waivers and initiate the annexation procedures. Pending the outcome of the election, staff recommends that City Council request Tigard's state representatives seek an opinion from the State Attorney General's office on the legitimacy of our proposed annexation tax rate agreement. INFORMATION SUMMARY Staff has included a draft copy of the agreement that potential annexees could sign. The City Attorney's office drafted the proposed agreement. Under Measure 47, potential annexees are required to vote to accept the City's tax rate. Current annexation methods do not legally allow elections without the potential annexee waiving the right not to have an election. To ensure that potential annexees pay the City tax rate under Measure 47, the City Attornev'g office drafted an agreement that potential annt v - --il`i cian cn ihav nav the omit., tav rate ..,41--t election. This agreement needs the Attorney General's office to review it, however, they require that a state agency or state representative make the request to review the draft agreement. Without an Attorney General's opinion, it is doubtful whether or not the proposed agreement can be used. Staff has sent a draft copy of the agreement to Washington County Tax Assessor's office for review. They said that it would take several weeks before they will inform us that they will honor the agreement. Staff recommends that the agreement not be used until we receive an opinion from the Tax Assessor's office or the Attorney General's office. J 1 F. I E OTHER ALTERNATIVES CONSIDERED If City Council does not want to allow properties to sign waivers on non-remonstrance in lieu of annexation, the City could continue not processing annexation applications. The City could also begin processing annexation applications again, however, the City will not be able to assess its tax rate onto the newly annexed properties. FISCAL NOTES Fiscal impacts would be the potential loss of revenue should the City annex properties under Measure 47. f I %CRWJIDBSUM\MS47PRC.DOC i. I. - i i 6 i j ODONNEU. RAMIS ET AL 503-243-2944 Mar 31.97 15:34 No.018 P.05 `r ! n PROPERTY OWNER'S CONSENT TO INCREASED TAX ON PROPERTY ANNEXED TO CITY OF TIGARD AND PARTIAL WAIVER OF RIGHTS UNDER BALLOT MEASURE 47 CITY'S AGREEMENT NOT TO OPPOSE ANNEXATION am the owner of property (hereinafter, "the property") whose legal description is attached hereto as Exhibit A. The property has been proposed for annexation to the City of Tigard (hereinafter "City'). If annexed, the property would receive urban level services from the City and be placed In a different tax code area than it Is in now. The new tax code area will have a higher tax rate than the existing tax rate for the property. 4 k I understand that Article Xl, section 1 ig of the Oregon Constitution (audopted by Oregon's t voters In November, 1996 and commonly known as Measure 47), requires In relevant par: that: - 1. 1997-98 ad valorem property taxes on property that has been annexed to the City may not exceed the ad valorem property tax on the same property for the previous year, plus r throe per cent, excluding from that three per cent limitation any portion of the tax that is levied for payment of bonded indebtedness or Interest thereon; ' 2. Ad valorem tax on property annexed to the City may exceed the amount described in ! paragraph 1 above if the annexation has been approved by a majority of voters casting a E i hallot In a general election In an even-numbered year or other election in which not less than fifty per cent of the registered voters eligible to vole in the election cast a ballot; and 3. Ad valorem tax on the property will not exceed the average ad valorem tax paid on ~ similar property In the City. With my signature on this document, I agree that an ad valorem tax on the property may be imposed in an amount that exceeds the limitations described in paragraph 1 above without royal 0f th-- yowr dtsc b--A in nnravmn) 2 .hnve. 7 frccly and knowin91v waive my right to enforce those constitutional provisions. I do not waive the requirement that the ad valorem tax must not exceed the average ad valorem tax paid on similar property In the City. I agree to this waiver of my rights under Article XI, section I lg of the Oregon Constitution because I desire that the property e.scribcd in Exhibit A be annexed to the City and receive additional urban level services from the City. M r. Consent and Waiver - Page I s. b ODONNELL RAMIS ET nL 503-243-2944 Mar 31.97 15:35 No.018 P.06 { I certify that the legal description of the property attached as Exhibit A is a complete and accurate description of the pruperty proposed for annexation and that I am the owner of that property- I further certify that I have read this Consent and Waiver and have signed it knowingly and voluntarily. r Dated. { (signature) E (printed name) STATE OF OREGON ) ss. t County of Washington ) This instrument was acknowledged befom me on the _ day of by Notary Public for Oregon My commission expires on - i i Consent and Waiver - Page 2 E I' ODONNELL RRMIS ET AL 503-243-2944 Mar 31.97 15:35 No.018 P.07 f j As consideration for the foregoing Consent and Waiver, City agrees that it will process the application and that City staff will recommend approval of the annexation if it is consistent with adopted City plans and policies, and will forward it to the Portland Metropolitan Area Local Government Boundary Commission for approval. j City of Tigard stated: 1 j (signature) (printed name) STATB OF OREGON ) 68. County of Washington ) This instrument was acknowledged before me on the ` day of '19 , by , the . of the City of Tigard, who signed said document an behalf of the City. f Notary Pub1Ie for Oregon My commission expires on < . p~Mw'..NOC741~osuuti.frm(7AIHTj - 41 ~ 1 Consent and Waiver - Page 3 { i I - • 1 I AFTER RECORDING RETURN TO: City Hall Records Department City of Tigard 13125 SW Hall Blvd. Tigard, OR 97223 NO CHANGE IN TAX STATEMENT CONSENT TO NNEXATInN FOR PROVISION OF URBAN SERVICE WHEREAS, the undersigned warrant that they are the sole owners of real property in Washington County, Oregon, which is located outside the corporate limits of the City of Tigard, and is described: IN EXHIBIT "A", ATTACHED HERETO, AND INCORPORATED BY REFERENCE HEREIN and have applied for permission to connect to the sewer system owned and operated by the City of Tigard; and the undersigned understand that. 1. This agreement is a binding contract between the City of Tigard and all persons who presently have an interest in the property or who acquire an interest in the property in the future. I 2. The City has a right to refuse to extend services beyond its corporate limits and in consideration of this agreement will require the undersigned to agree to annexation and to waive the right to remonstrate and to vote on the annexation. 3. State law provides that annexation may take place iii a number of different ways. Some methods involve a written consent to annex and some methods include the right to remonstrate against the annexation and/or involve the right to vote on the annexation. Some methods require the City to file a Notice of Intent to Annex with the Boundary Commission. State law provides that a consent to annex is valid for a one-year period unless the time limit is expressly waived, f' J 4. Failure by any party having an interest in the property affected by this agreement to adhere to the terms of this agreement FF entitles the City to discontinue the service., 1 NOW, THEREFORE, in the event the City of Tigard, in its discretion, furnishes sewer service to the above described land, then in consideration and as a condition of such furnishing of sewer service the undersigned and each of them, for themselves and for their successors in interest, agree and covenant to the City of Tigard and to the present and future owners of any property affected by the furnishing of City sewer service to which this covenant and agreement relate that: I 1. The undersigned agrees to waive the requirement that a Notice of Intent to annex be filed with the Boundary Commission or any other prerequisite to annexation set forth in state law at the time of annexation. 2. Annexation of this property may take place by any means allowed M by state law at the time of annexation, and this agreement constitutes an agreement rn annexation by any method selected by , the City. 3. In the event the type of annexation used involves a written f consent to annexation, this agreement constitutes a consent to annexation. It shall be used as a consent for each required consent if the property owner satisfies the requirements set i forth by law. Further, the agreement constitutes an express waiver of the one year limitation on the consent form and the undersigned intends this consent to be valid in perpetuity. For administrative purposes, the undersigned agrees to sign the requisite consent forms and the waiver of the one-year period at i the time of executing this agreement. 4. In the event the type of annexation used involves the right to remonstrate, this agreement constitutes a waiver of the right to ! remonstrate and a remonstrance by anyone having an interest in the property affected by this agreement shall be void. 1 5. In the event that the type of annexation used involves a vote, this agreement constitutes a waiver of the right to vote on the annexation by a person in possession or ownership of the property who is qualified to vote on the annexation. Further, those persons shall be counted as a yes vote on the annexation. 6. Upon extension of the sewer service to the property, the property will be connected to the City's sewer service system and will pay the charges and fees imposed by the City for the connection and service. 7. The property owner hereby agrees to pay the City of Tigard Park Systems Development Charge prior to the issuance of a sewer permit for any new dwelling unit. 8. This covenant and agreement shall run with the land, shall be recorded in the Washington County deed records and shall be - i Partc 7 of 2 . L~ J i l~ 1 binding on the undersigned and all successors in interest of any property affected by the furnishing of domestic water to any property described by this agreement. 9. Should any portion of this agreement be declared void by a court of law, the remaining portions of this agreement shall remain in full force and effect. Dated 19 Signatures of owner(s): t Signature Signature Print Name Print Name Address Address STATE OF OREGON ) SS. COUNTY OF ) Personally appeared before me on the day of 1995, _ who acknowledged that the foregoing was his voluntary act and deed. f _ I Tl.~f "ubl for Oregon _ My Commission Expires: Accepted on behalf of the City of Tigard this day of 1995. Signature Title .1:\ENG\LRPln\Ray\Annexati.agr. I ~ I 0- '3 of II 11 1 INSTRUCTIONS FOR CONSENT TO ANNEXATION FORMS t 1. Purpose A. The purpose of this form is to allow property owners outside of the city in the area of interest to obtain urban services from the city in exchange for their consent to annex to the city. They must be eligible to do so. 2. Eligibility { A. A property owner is eligible to complete a contract if III he/she is contiguous to the city boundary and in the area of interest. With few exceptions, we require t. immediate annexation to obtain sewer service if the property is contiguous to the boundary and in the active planning area (see map). We cannot require annexation if the property is in the area of interest, however, we do try to encourage it depending on F . particular situation. See map showing the boundaries of these areas. Please call Ray if in doubt. 3. Procedure A. Have owner meet with our Engineering Division before i signing contract, in order to obtain all technical information about extending the sewer line. - B. Owner must fill out form and have it notarized. C. Owner then brings the form, along with "Exhibit A" which includes the legal description (owner's deed has description) and a clear, uncluttered map designating the property (ies), back to us for signature by Jim Hendryx. D. Owner takes signed form to Washington County for recording. Make a copy for our records and one for the owner as a courtesv until the recorded cony is returned to the city. E. Owner sends or brings us a copy of the document with Washington County recording number. F. After proof of recording, we issue a letter of approval to USA, if necessary, to extend the sewer line. G. After the document is recorded and we issue the approval letter (if needed), the owner obtains the j I tl street opening permit from the city. Confirm with Engineering Division. i' C I' iFFLL l ; r I I _ ' X11. i I i