City Council Packet - 11/14/2000OREGON
TIGARD CITY COUNCIL
MEETING
NOVEMBER 14, 2000
COUNCIL MEETING WILL BE TELEVISED
RUEANNIEIDOMCUKTI
13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772
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 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 o.m.
Assistive Listening Devices are available for persons with impaired hearing and should be
scheduled for Council meetings by noon on the Monday prior to the Council meeting. Please
call 503-639-4171, Ext. 309 (voice) or 503-684-2772 (TDD - Telecommunications
Devices for the Deaf).
Upon request, the City will also endeavor to arrange for the following services:
Qualified sign language interpreters for persons with speech or hearing impairments;
and
• Qualified bilingual interpreters.
Since these services must be scheduled with outside service providers, it is important to allow
as much lead time as possible. Please notify the City of your need by 5:00 p.m. on the
Thursday preceding the meeting date at the same phone numbers as listed above: 503-639-
4171, x309 (voice) or 503-684-2772 (TDD - Telecommunications Devices for the Deaf).
SEE ATTACHED AGENDA
COUNCIL AGENDA - NOVEMBER 14, 2000 - PACE 1
AGENDA
TIGARD CITY COUNCIL BUSINESS MEETING
NOVEMBER 14, 2000
6:30 PM
STUDY SESSION
> EXECUTIVE SESSivi is The Tigard City Council will' go Into Executive Session
under the provisions of ORS 192.660 (1) (d), (e), (f) 8t (h) to discuss labor
relations, reai property transactions, exempt public records, and 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.
> Discussion of City Sponsorship of Events with the City Attorney
7:30 PM
1. BUSINESS MEETING
1.1 Call to Order - City Council 81 Local Contract Review Board
1.2 Roll Call
1.3 Pledge of Allegiance
1.4 Council Communications
1.5 Call to Council and Staff for Non-Agenda Items
7:35 PM
2. VISITOR'S AGENDA (Two Minutes or Less, Please)
C Russ Rutledge - Tigard High School Student Envoy
7:45 PM
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: October 17 and 24, 2000
3.2 Receive and File:
a. Council Calendar
b. Tentative Agenda
3.3 Approve Budget Amendment #3 to the Fiscal Year 2000-2001 Adopted
Budget to Provide $ 5,000 Additional Funding to the Good Neighbor Center
-Resolution No. 00 - b a
3.4 Adopt the Conceptual Long-term Water Supply Financial Plan
COUNCIL AGENDA - NOVEMBER 14, 2000 - PAGE 2
3.5 Appoint Sue Carver, Brian Douglas, Jim Funk, Elaine Heras, Lonn Hoklin and
Kathy Sleeger to the New Library Construction Committee -
Resolution No. 00 -6
3.6 Local Contract Review Board
a. Award the Contract for the Construction of Embedded Crosswalk
Lighting Systems on Walnut Street and on Main Street to Highlight
Construction, Inc.
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 PM
4. INTRODUCTION OF SUE CARVER, BRIAN DOUGLAS, JIM FUNK, ELAINE
HERAS, LONN HOKLIN AND KATHY SLEEGER AS NEW LIBRARY
CONSTRUCTION COMMITTEE MEMBERS
Mayor Griffith
7:55 PM
5. UPDATE ON THE NEW LIBRARY CONSTRUCTION COMMITTEE
a. Staff Report: Library Staff
8:00 PM
6. UPDATE ON THE TIGARD CENTRAL BUSINESS DISTRICT ASSOCIATION
(TCBDA)
a. Staff Report: Community Development Staff
b. Update by TCBDA Representatives
8:20 PM CICkrlCele4i
7. PUBLIC HEARING (LEGISLATIVE) - ZONE ORDINANCE AMENDMENT
(ZOA2000-00002) REQUIRING WARRANTY AND INDEMNITY FOR
HILLSIDE DEVELOPMENTS IN EXCESS OF 10 PERCENT SLOPE
The City of Tigard is requesting approval of a Zone Ordinance Amendment to
require applicants to warranty and indemnify all design of engineering and
construction related to subdivisions and site developments and to require reports
from licensed engineering geologists and licensed geotechnical engineers for all
slopes in excess of ten percent (10%). This change will also amend the Tigard
Municipal Code relating to the Uniform Building Code. The proposal will amend
The Tigard Community Development Code in Sections 18.360.040.E,
18.360.070.B.7, 18.360.090.A.167 18.430.070.0, 18.430.090,
18.430.090.F, and 18.775.090.A.3.(5); and Tigard Municipal Code Section
14.04.030(2). LOCATION: Citywide. ZONE: N/A. APPLICABLE REVIEW
COUNCIL AGENDA - NOVEMBER 14, 2000 - PAGE 3
CRITERIA: Community Development Code Sections 18.380.020 and
18.390.060.G; Comprehensive Plan Policies 1.1.1.a, 2.1.1, 2.1.3, and 3.1.1.c.;
and Statewide Planning Goals 1, 2, and 7.
a. Open Public Hearing
b. Staff Report: Community Development Staff
C. Public Testimony (Proponents, Opponents)
Staff A KL'C, t'01.1
d. JtaiGiiii~icii auvu
e. Council Discussion, Questions, Comments
f. Close Public Hearing
g. Council Consideration: Ordinance No. -
8:50 PM
8. BRIEFING ON TRANSPORTATION BOND ELECTION RESULTS
a. Staff Report: Engineering Staff
b. Council Discussion, Questions, Comments
9:00 PM
9. UPDATE ON THE WALNUT ANNEXATION AREA SEWER SERVICE
a. Staff Report: Engineering Staff
b. Council Discussion, Questions, Comments
9:10 PM
10. CONSIDER AN ORDINANCE GRANTING RCN TELECOM SERVICES A
FRANCHISE TO CONDUCT A TELECOMMUNICATIONS BUSINESS IN THE
CITY OF TIGARD AND DECLARING AN EMERGENCY
a. Staff Report: Finance Staff
b. Council Discussion, Questions, Comments
C. Council Consideration: Ordinance No. - 3)
9:20 PM
11. CONSIDER A RESOLUTION APPOINTING A HOME OCCUPATION TASK
ilir FORCE
a. Staff Report: Community Development Staff
b. Council Discussion, Questions, Comments
C. Council Consideration: Resolution No. - co-l _
9:30 PM
12. COUNCIL LIAISON REPORTS
9:40 PM
13. NON AGENDA ITEMS
COUNCIL AGENDA - NOVEMBER 14, 2000 - PAGE 4
9:45 PM
14. EXECUTIVE SESSION: The Tigard City Council will go into Executive Session under
the provisions of ORS 192.660 (1) (d), (e), (f) 8z (h) to discuss labor relations, real
property transactions, exempt public records, and 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.
10:00 PM
15. ADJOURNMENT
I:\AD M\C AT HY\C CA\001114. D 0C
COUNCIL AGENDA - NOVEMBER 14, 2000 - PAGE 5
Agenda item No. '
Meeting of 1/ 25 00
TIGARD CITY COUNCIL
MEETING MINUTES - NOVEMBER 14, 2000
STUDY SESSION
Mayor Griffith called the Study Session to order at 6:31 p.m.
➢ EXECUTIVE SESSION: Canceled.
➢ ADMINISTRATIVE ITEMS
Tigard Central Business District - Tree Lighting Event
City Manager Monahan advised that the Tigard Central Business District
Association (TCBDA) is sponsoring a downtown tree lighting event the day
after Thanksgiving, Friday, November 24, 2000. Community Development
Director said the TCBDA would like Council members to attend. Mayor
Griffith and Councilor Moore advised they would attend.
Agenda Item Nos 7 and 11 Removed from Agenda
Under advice of City Attorney Ramis, the public hearing on the zone
ordinance amendment on hillside developments (Agenda Item No. 7) and
consideration of a resolution to appoint a Home Occupation Task Force
(Agenda Item No. 11), were removed from the agenda pending more
information about the effects of recently approved Ballot Measure No. 7. This
Ballot Measure pertains to compensating property owners if land use
regulations devalue property. City Attorney Ramis said land use planning
issues should be stopped until he can see "where things fall out" with regard to
this measure. In addition, the City Attorney's office will be preparing process
and procedures to deal with requests as a result of the ballot measure. The
State Attorney General will be writing a legal opinion on the measure as well.
Discussion followed about the potential ramifications of the ballot measure.
The Department of Land Development and Conservation has asked the
Attorney General to address the retroactivity component mentioned in the
ballot measure. City Attorney Ramis advised there are three actions that could
affect the measure: litigation over the measure, submission of a competing
measure to voters, or a legislative interpretation.
COUNCIL MEETING MINUTES - NOVEMBER 14, 2000. PAGE 1
Discussion of City Sponsorship of Events with the City Attorney
City Attorney Ramis reviewed information submitted to the City Council
concerning sponsorship of events. He noted that when the City sponsors
events, there is a potential for liability. The material prepared by the City
Attorney is intended to clarify control over City resources, tracking and
accounting of City monies, and identifying City liability.
City Attorney Ramis reviewed the different areas of liability (i.e., contractual,
tort, and direct liability). He said a key tool in limiting this liability would be
through a sponsorship agreement that would delineate the City's role and
define where event organizers would need to assume responsibility.
There was discussion about political and/or free-speech requests at events such
as the Balloon Festival. City Attorney Ramis advised there is no direct way for
the City of Tigard to control this kind of activity. City Manager noted that
during the review of this matter, it became evident that rules and regulations
that apply to City parks need examination. He suggested that the Planning
Commission could do this review.
After discussion, City Manager Monahan advised that this matter would come
back to the Council for consideration of the proposed resolutions and
sponsorship agreement by the end of the year or in January.
Use of City (IWB) Facilities for Church Parkin
City Manager Monahan reviewed with the City Council a memorandum
prepared by Councilor Hunt asking for the City to consider allowing Calvin
Presbyterian Church to use property for overflow parking (Canterbury site)
controlled by the Intergovernmental Water Board (IWB). Since this property
is also under the responsibility of the Intergovernmental Water Board, if the
City Council agreed with Councilor Hunt to let the church use the site for
parking, then the IWB would need to give its approval to the request.
City Manager Monahan and Public Works Director Wegner had advised
Councilor Hunt of concerns of opening up V& <rea to the public because of
water storage and City property located at tare site. Discussion followed.
Public Works Director Wegner advised that his staff is taking a closer look at
the site to determine what would be needed to properly secure IWB and City
assets to accommodate the request. Staff ;mould also calculate the number of
possible parking spaces. City Attorney Ramis said that if the City/IWB decided
to allow the church to park on the site, then an agreement should be drawn up
that would include hold harmless and insurance requirement language.
COUNCIL MEETING MINUTES - NOVEMBER 14, 2000 - PAGE 2
Councilor Patton noted that the church has expanded but did not provide for
extra parking. Staff will review the requirements for parking when uses, such as
a church, applies for an expansion.
A.fter discussion. it was determined that this matter would be presented to the
Council for consideration on November 28, 2000.
Council Goal Setting
City Manager discussed the upcoming Council Goal setting session. Council
tentatively scheduled the session for January 16.
Study Session recessed at 7:35 p.m.
1. BUSINESS MEETING
1.1 Call to Order - Mayor Griffith called the City Council 8E Local Contract
Review Board to order at 7:40 p.m.
1.2 Roll Call: Mayor Griffith, Councilors Hunt, Moore, Patton, and Scheckla were
present.
2. VISITOR'S AGENDA (Two Minutes or Less, Please)
• Russ Rutledge - Tigard High School Student Envoy
Mr. Rutledge advised Council of activities at Tigard High School including
Academic Letter Awards, an upcoming canned food drive, and the success of a
candidates forum sponsored by students in October.
Roger Potthoff, 11710 SW Ann Street, Tigard, OR 97223, requested to speak
on Agenda Item No. 9 reference the Walnut area sewer service. Mayor Griffith
advised Mr. Potthoff that he would be given an opportunity to speak when the
Council considered that agenda item.
3. CONSENT AGENDA
Motion by Councilor Scheckla, seconded by Councilor Patton, to approve the
Consent Agenda:
3.1 Approve Council Minutes: October 17
3.2 Receive and File:
a. Council Calendar
b. Tentative Agenda
3.3 Approve Budget Amendment #3 to
Budget to Provide $5,000 Additional
- Resolution No. 00 - 62
and 24, 2000
the Fiscal Year 2000-2001 Adopted
Funding to the Good Neighbor Center
COUNCIL MEETING MINUTES - NOVEMBER 14, 2000 - PAGE 3
3.4 Adopt the Conceptual Long-term Water Supply Financial Plan
3.5 Appoint Sue Carver, Brian Douglas, Jim Funk, Elaine Heras, Lonn Hoklin and
Kathy Sleeger to the New Library Construction Committee -
Resolution No. 00 - 63
3.6 Local Contract Review Board
a. Award the Contract for the Construction of Embedded Crosswalk
Lighting Systems on Walnut Street and on Main Street to Highlight
Construction, Inc.
The motion was approved by a unanimous vote of Council:
Mayor Griffith
Yes
Councilor Hunt
Yes
Councilor Moore
Yes
Councilor Patton
Yes
Councilor Scheckla
Yes
4. INTRODUCTION OF SUE CARVER, BRIAN DOUGLAS, ]IM FUNK, ELAINE
HERAS, LONN HOKLIN AND KATHY SLEEGER AS NEW LIBRARY
CONSTRUCTION COMMITTEE MEMBERS
No Library committee members were present.
5. UPDATE ON THE NEW LIBRARY CONSTRUCTION COMMITTEE
Library Director Barnes updated the City Council on the status of the New Library
Construction Committee. She noted with the recent appointment of the six new
Committee members, there is now a "full" Committee. A needs analysis report, as
the first phase in the planning process, was recently completed and is available for
review in the Library. The second phase will be to consider programming and to
conduct a site analysis. It is anticipated the site analysis will be ready for Council
review in the spring. The current timeline sets out seeking voter approval in May or
November 2002 to request funding for a new Library. Councilor Hunt cautioned
that the previous request for voter support for a Library expansion needed more and
earlier public relations efforts. Councilor Patton advised that the Committee, plans to
promote public awareness; the needs analysis will be a good first step in preparation.
COUNCIL MEETING MINUTES - NOVEMBER 94, 2000 - PACE 4
6. UPDATE ON THE TIGARD CENTRAL BUSINESS DISTRICT ASSOCIATION
(TCBDA)
Community Development Director Hendryx introduced this agenda item. The
TCBDA has contracted with dhe Or cgon Downtown Development Association
(ODDA) to help secure an alternative source of long-term funding for the downtown.
They have also hired Bill Wadman as the part-time Downtown Manager. Mr.
Wadman will be responsible for coordinating all project activities locally and help
guide the organization as it grows.
Mr. Tyler Ellenson, President of TCBDA, updated the City Council on current
TCBDA activities and introduced Mr. Wadman to the Council. Mr. Ellenson
presented photographs showing recently purchased banners and people participating
in events in the downtown area. Since last talking with the City Council, TCBDA has
sponsored a sidewalk sale and a Halloween event, which were both successful. He
referred to the TCBDA's review of what kind of funding might be possible noting that
the Association has been assisted by the City but intends to find ways to fund from
within its membership and to also look to the community. These funding options are
being developed with the assistance of the ODDA. Mr. Ellenson noted that there is a
need to communicate with the community to determine if there are any objections to
some of the funding ideas, such as an Economic Improvement District.
Upcoming events include a tree/street lighting celebration. Mayor Griffith and
Councilor Moore advised that they planned to attend this event.
7. PUBLIC HEARING (LEGISLATIVE) - ZONE ORDINANCE AMENDMENT
(ZOA2000-00002) REQUIRING WARRANTY AND INDEMNITY FOR
HILLSIDE DEVELOPMENTS IN EXCESS OF 10 PERCENT SLOPE
Hearing canceled.
City Attorney Ramis explained that the cancellation of this agenda item as well as
Agenda Item No. 11 (appointment of a Home Occupation Task Force) was
necessary due to uncertainties created by Measure 7, regarding compensation to
property owners if land is devalued because of government regulation. City Attorney
Ramis advised that he recommends that the City wait until there is more information
on how the effects of the measure are sorted out. He described the elements of the
measure and noted that a process and procedure for claims will be presented to
Council in the next two to three weeks. How this will affect future land use decisions
will be revisited with the City Council in about one month.
COUNCIL MEETING MINUTES - NOVEMBER 14, 2000 a PAGE 5
City Attorney advised that potential retroactivity is a question. The effective date of
Measure 7 is December 7, 2000.
With regard to a question about how this would affect the 120-day response time
required of local governments on requests for land use approvals, City Attorney Ramis
advised that Measure 7 appears to apply to legislative land use matters. in Jividuai
land use requests may continue to be processed.
Motion by Councilor Moore, seconded by Councilor Patton, to table Agenda Item
Nos. 7 and 11.
The motion was approved by a unanimous vote of Council present:
Mayor Griffith
Yes
Councilor Hunt
Yes
Councilor Moore
Yes
Councilor Patton
Yes
Councilor Scheckia
Yes
8.
9.
BRIEFING ON TRANSPORTATION BOND ELECTION RESULTS
F
what had been proposed to the voters.
City Engineer Gus Duenas reviewed with Council that the Transportation Bond was
turned down by the voters: 64% no; 36% yes. He advised there was no organized
efforts by proponents or opponents. He suggested the City make due with current
trans ortation resources and try again in the future after modifications are made to
There was discussion about urging Tigard's State legislative representatives to support
the commitment of resources to State of Oregon roads in Tigard, especially Highway
99W and Hall Boulevard.
After discussion about the election results for this matter, Council consensus was to
ask the Transportation Bond Task Force to reconvene to review how to proceed. The
names for the Task Force will be presented to the Council at an upcoming meeting.
UPDATE ON THE WALNUT ANNEXATION AREA SEWER SERVICE
Project Engineer Berry presented the staff report. He noted
district projects in progress, Sewer Reimbursement District
reimbursement district proposed to serve 15 lots along SW Rose
two reimbursement
#18, and a sewer
Vista Drive.
CGl~~C11 AA"TIK1r- MIMI ITFS - NOVEMBER 14, 2000 - PAGE 6
Project Engineer Berry noted a questionnaire had been sent to property owners in the
Walnut area. (Areas were shown on maps that were included in the Council meeting
packet material.) To proceed with the sewer reimbursement district, staff determines
whether 50% or more of the property owners plan to participate. Based on the
questionnaire results, three initial areas were selected for staff to focus their efforts.
Council discussed the survey results and the large number of "no responses."
Consensus of Council was that the "no response" property owners should be
personally contacted.
City Engineer Duenas explained the questionnaire responses helped staff to prioritize
areas of focus. He agreed that staff should pursue personal-contact research as well.
Mayor Griffith called on members from the audience who wanted to speak on this
issue:
e Roger Potthoff, 11710 SW Ann Street, Tigard, read from a letter he prepared.
He addressed issues of cost and the fact that some property owners would have to
pay significantly more than others to receive sewer service. He also referenced
health and environmental threats. (A copy of Mr. Potthoff's letter is on file with
the City Recorder.)
• Marilyn Parsons, 1 1 170 SW Ann Street, Tigard, said the homes in this area were
30-40 years old. Homeowners may be experiencing costly repairs. Ms. Parsons
said homeowners may choose to wait until their drain fields fail before committing
to hook up to the sewer.
Councilor Moore said he suspected that cost concerns were most likely the reason for
the large number of "no responses" to the staff questionnaire. He suggested the City
investigate other options.
City Manager Monahan advised staff could explore what other options may be
available. As examples, options may include extension of repayment periods or
additional City contributions. He concurred that staff should talk to citizens.
Councilor Hunt said Walnut area and other Tigard residents should be treated the
same. Councilor Patton agreed all Tigard residents should be dealt with equitably.
Councilor Hunt also suggested that recently formed sewer reimbursement districts be
reviewed with regard to equitable treatment if additional options are offered.
SAI►11ITCC+ KIMICIIADCD ol A )nnn - Dare 7
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INUL MEETING
10. CONSIDER AN ORDINANCE GRANTING RCN TELECOM SERVICES A
FRANCHISE TO CONDUCT A TELECOMMUNICATIONS BUSINESS IN THE
CITY OF TIGARD AND DECLARING AN EMERGENCY
Finance Director Prosser presented the staff report. This is the second of two
franchises to be granted to RCN Telecom Services, Inc., allowing RCN to provide
"bundled" cable and telecommunications services to Tigard.
Motion by Councilor Patton, seconded by Councilor Moore, to adopt Ordinance No.
00-31.
The City Recorder read the following:
ORDINANCE NO. 00-31 - AN ORDINANCE GRANTING TO RCN TELECOM
SERVICES INC. A FRANCHISE TO CONDUCT A TELECOMMUNICATIONS
BUSINESS IN THE CITY OF TIGARD, OREGON, INCLUDING THE RIGHT TO
PLACE POLES, WIRES, AND OTHER APPLIANCES FOR
TELECOMMUNICATION PURPOSES IN THE PUBLIC RIGHTS OF WAY;
AUTHORIZING THE MAYOR TO SIGN THIS AGREEMENT; AND DECLARING
AN EMERGENCY.
The motion was approved by a unanimous vote of Council present:
Mayor Griffith
Yes
Councilor Hunt
Yes
Councilor Moore
Yes
Councilor Patton
Yes
Councilor Scheckla
Yes
11. CONSIDER A RESOLUTION APPOINTING A HOME OCCUPATION TASK
FORCE
This item was tabled. (See discussion and Council motion for Agenda Item No. 7.)
12. COUNCIL LIAISON REPORTS: None.
13. NON AGENDA ITEMS:
Russ Rutledge, Tigard High School Student Envoy, presented a PowerPoint
presentation to the City Council outlining his proposal to increase street-parking
adjacent to the Tigard High School on 92"d Avenue. His proposal would replace
Ir VU1r\rIL. IvI" 1 11G 1~~,,IA,IVT1CV - iav~ev`1eAu~® i-Ary 2diiiii - PAGE 8
some parallel parking spaces with head-in parking spaces. At this time, there are 95
head-in parking spaces. If Mr. Rutledge's recommendations are implemented, he said
that 20 additional spaces would be gained. Mr. Rutledge noted issues with his
proposal and offered solutions relating to a fire hydrant, the bike lane, the turning
lane; and the sidewalk. Mr. Rutledge said if the City would supply paint/materials, he
could supply the labor.
Council members thanked Mr. Rutledge for his presentation. After discussion, it was
determined that staff would review whether Mr. Rutledge's proposal would be
consistent with current City standards and examine other potential issues. City
Manager Monahan noted that it is possible the current head in parking spots were
created earlier, but would not meet City standards now.
14. EXECUTIVE SESSION: Canceled.
15. ADJOURNMENT: 9:27 p.m.
Attest:
yor, it y o 1
ate:
I:\ADM\CATHY\CCM\001114. DOC
at erine eat ey, ity ecor e
COUNCIL MEETING MINUTES - NOVEMBER 14, 2000 - PAGE 9
COMMUNITY NEWSPAPERS, INC. Legal
P.O. BOX 370 PHONE (503) 684-0360 Notice TT 9747
BEAVERTON. OREGON 97075 RECEIVED CAT
Legal Notice Advertising
N O V 02 2000
City of Tigard • ❑ Tearsheet Notice
13125 SW Hall Blvd. Administration
• Tigard , Oregon 9 7 2 2 3 • ❑ Duplicate Affidavit
*Accounts Payable
AFFIDAVIT OF PUBLICATION
STATE OF OREGON, )
COUNTY OF WASHINGTON, )ss-
1, Kathy Sn3rler
being first duly sworn, depose and say that I am the Advertising
Director, or his principal clerk, of the_TigarA-Tna 1 at i n Times
a newspaper of general circulation as defined in ORS 193.010
and 193.020; published at Ti cqa rr3 in the
aforesaid county and state; that the
a printed copy of which is hereto annexed, was published in the
entire issue of said newspaper for OP]E -successive and
consecutive in the following issues:
Subscribed and sworn to b re me this / tYL d of October, 2000
OFFKJAL E AL
ROBIN A. BURGESS
Notary P is for Oregon LIMY NOTARY PUBLIC-OREGON
COMMISSION NO. 062071
My Commission Expires: COMMISSION EXPIRES MAY 16, 2001
AFFIDAVIT -
The following will be considered by the Tigard City Council on
Tuesday, November 14, 2000, at 9:30 P.M., at the Tigard Civic Center -
Town Hall, 13125 SW Hall Blvd., Tigard, Oregon 97223. The Council
will receive a recommendation from the Planning Commission.
Public oral or written testimony is invited. The public hearings on this
matter will be conducted in accordance with Chapter 18.390 of the Tigard
Municipal Code and the rules of procedure adopted by the Council and
available at City Hall or the rules of procedure set forth in Section
18.390.060E.
Further information may be obtained from the City of Tigard Planning
Division at 13125 SW Hall Blvd., Tigard, Oregon 97223, or by calling
503-639-4171.
PUBLIC HEARING ITEM:
ZONE ORDINANCE AMENDMENT [ZOA] 2000-00002
> CODE AMENDMENT
REQUIRING WARRANTY AND INDEMNITY FOR
HILLSIDE DEVELOPMENTS IN EXCESS OF TEN PERCENT <
The City of Tigard is requesting approval of a,Zone Ordinance
Amendment to require applicants to warranty and indemnify all design of
engineering and construction related to subdivisions and site
developments and to require reports from licensed engineering geologists
and licensed geotechnical engineers for all slopes in excess of ten percent
(10%). This change will also amend the Tigard Municipal Code relating
to the Uniform Building Code. The proposal will amend the Tigard
Community Development Code in Sections 18,360.040.13,
18.360.070.8.7, 18.360.090.A.16, 18.430.070.C, 18.430.090,
18.430 090F, and 18.775.090.A.3.(5); and Tigard Municipal Code Section
14.04.030(2). LOCATION: Citywide. ZONE: N/A. APPLICABLE
REVIEW CRITERIA: Community Development Code Sections
18.380.020 and 18.390.060.G; Comprehensive Plan Policies 1.1. La, 2.1.1,
2.1.3, and 3.1.l.c; and Statewide Planning Goals 1, 2 and 7.
TT9747 - Publish October 26, 2000.
CITY OF TIGARD, OREGON
AFFIDAVIT OF POSTING
In the Matter of the Proposed
STATE OF OREGON )
County of Washington ) ss.
City of Tigard )
I~ begin first duly sworn, on oath,
depose and ay:
That I posted in the following public and conspicuous places, a copy of Ordinance
Number (s) b - 3 l
which were adopted at the Council Meeting dated Q(500 copy(s)
of said ordinance(s) being hereto attached and by reference made a part hereof, on the _
2 3- day of 1-~ ]U' , 2000
1. Tigard City Hall, 13125 SW Hall Blvd., Tigard, Oregon
2. Tigard Library, 13125 SW Hall Blvd., Tigard, Oregon
3. Tigard Water Department, 8777 SW Burnham, Tigard, Oregon
Subscribed and sworn to before me this 'day of , 20 C
LO-L~
OFFICIAL SEAL Notary Public for Oregon
D L WISE
NOTARY PUBLIC-OREGON
COMMISSION NO. 3206M My Commission Expires: J4L.T
MY COMMISSION EXPIRES FEB. tt, 200A
CITY OF TIGARD, OREGON
ORDINANCE NO. 00- 31
AN ORDINANCE GRANTING TO RCN TELECOM SERVICES INC. A FRANCHISE TO
CONDUCT A TELECOMMUNICATIONS BUSINESS IN THE CITY OF TIGARD, OREGON,
INCLUDING THE RIGHT TO PLACE POLES, WIRES, AND OTHER APPLIANCES FOR
TELECOMMUNICATION PURPOSES IN THE PUBLIC RIGHTS-OF-WAY; AUTHORIZING
THE MAYOR TO SIGN THIS AGREEMENT; AND DECLARING AN EMERGENCY.
WHEREAS, The fourteen-year franchise for the communication facilities and services provided by
RCN Telecom Services Inc., described in the title of this ordinance, is now before the City Council
for approval. The Council believes that the franchise should be approved under the terms and
conditions set forth in Exhibit A, attached hereto, and by this reference made a part hereof.
THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1. The terms and conditions of the attached franchise agreement, Exhibit A, are hereby
approved and adopted as part of this ordinance as if specifically set forth.
SECTION 2. The Mayor is authorized and directed to sign the attached agreement on behalf of
the Council.
SECTION 3. The City Council determines that the fee imposed by this franchise is not a tax.
subject to the property tax limitations of Article XI, Section 11 (b) of the Oregon
Constitution.
SECTION 4. This franchise is the second half of a franchise that allows RCN Telecom Services
Inc. to provide "bundled" cable, broadband, and telecommunications services over a
single line. The first half of the franchise was approved by ordinance #00-30, which
took effect on October 24, 2000. This ordinance needs to take effect immediately to
coordinate with ordinance #00-30. Therefore, the City Council declares an
emergency and this ordinance takes effect upon passage.
ORDINANCE No. 00--51
Page 1
PASSED: By U()OL q M%vote of all Council members present after being read by number
and title only, this ILit-' day of Dw , 2000.
Cat erine Wheatley, City Recorde
APPROVED: This L4-day of A&P.w~/12000.
es Griffi tI4 Mayor
A proved as to form:
ity Attorney
--r
Date
ORDINANCE No. 00-J 11
Page 2
EXHIBIT "A"
A franchise agreement between the City of.Tigard and RCN Telecom Services Inc.
SECTION 1. Subject to the other terms and conditions set forth in this document there is hereby
granted by the City of Tigard to RCN Telecom Services Inc., (herein referred to as
"Grantee"); its successors and assigns; subject to the development ordinances
and regulations of the City, the right and privilege to conduct a telecommunications
business within said City, or such other public property as may come within the
jurisdiction of the City during the term of this agreement for the purpose of
furnishing telecommunications services as defined in State and Federal Law. This
grant includes the right to erect, construct, place, replace, reconstruct, lay,
maintain, and operate poles, wires, switching equipment, amplifying equipment,
fixtures, facilities, appliances, structures and other devices including, but not limited
to, electronic, optical and mechanical devices customarily associated with
Grantee's function, and purpose of serving as a telecommunications utility.
This franchise is granted solely for the privilege of providing telecommunications
services as defined by State and Federal Law. This franchise does not include the
right to conduct the business of providing a "cable system" as defined in applicable
law. The Grantee and the City acknowledge that Grantee holds a separate
franchise (approved by ordinance #00-30) to provide cable and broadband
services within the City of Tigard.
SECTION 2. It shall be lawful for Grantee to make all needful and necessary excavations in any
of said streets, alleys, avenues, thoroughfares and public highways.
SECTION 3. The Grantee shall file with the City Engineer or designee maps and materials
showing all proposed underground construction work to include the installation of
additional facilities or relocation or extension of existing facilities within any street,
alley, road or other public way or place within the corporate limits of the City. The
City will review the materials submitted and notify the Grantee of any City
requirements. For repair work or other work not considered underground
construction as stated above, the Grantee shall, if possible, notify the City of the
location and general description of the work before beginning work.
All work shall be done in a reasonably safe manner taking into account City
standard traffic control procedures and in accordance with requirements of
applicable federal laws, state laws, or City ordinances. In emergencies, such
filings shall be submitted within thirt$ (30) days of completion of emergency
construction work.
ORDINANCE No. 00-31
Exhibit A, Page 1
SECTION 4.' When any excavation shall be made pursuant to the provisions of this ordinance,
the Grantee shall restore the portion of the street, alley, road, or public way or
place to the same condition to which it was prior to the excavation. All such work
shall be done in strict compliance with the rules, regulations, ordinances or orders
which may be adopted from time to time during the continuance of this franchise
by the City Council or City Engineer or as may be otherwise provided by law. The
City shall have the right to fix a reasonable time within which such repairs and
restoration shall be completed and upon failure of such repairs and restoration
being made by Grantee, City shall cause such repairs to be made at the expense
of Grantee.
SECTION 5. The Grantee hereby agrees and covenants to indemnify, save harmless and
defend the City and its officers, agents and employees from any and all damages,
costs and expenses or claims of any kind whatsoever, or nature, arising from any
injury to persons or property by reason of the negligent act or omission of the
Grantee, its agents or employees in exercising the rights and privileges granted
hereunder and by this franchise.
SECTION 6. The Grantee shall provideend keep in force public liability insurance, with a
thirty-day cancellation clause, with a combined single limit of one million dollars,
relating to a single occurrence, which shall be evidenced by a certificate of
insurance filed with the City Recorder. The City shall be named as an additional
insured on the policy. The insurance shall indemnify and save the City harmless
against liability or damage which may arise or occur from any claim resulting from
the franchisee's operation under this chapter. In addition, the policy shall provide
for the defense of the City for any such claims.
Since Grantee will provide cable services pursuant to a Cable and Broadband
Access Franchise approved by the City (ordinance #00-30) over the same facilities
as it provides or will provide telecommunications services pursuant to this
franchise, Grantee may rely on the insurance certificates and surety bonds posted
pursuant to the Cable franchise.
SECTION 7. The City, by its properly constituted authorities, shall have the right to cause the
Grantee to move the location of any pole, underground conduit or equipment
belonging to Grantee whenever the relocation thereof shall be for public necessity,
and the expense thereof shall be paid by the Grantee. Such charges shall comply
with state statutes and administrative rules. Whenever it shall be necessary for
public necessity to remove any pole, underground conduit or equipment belonging
to Grantee or on which any wire or circuit of the Grantee shall be stretched or
fastened, the Grantee, shall, upon written notice from the City, or its properly
constituted authorities, meet with the City Engineer and agree in writing to a plan
and date certain to remove such poles, underground conduit, equipment, wire or
circuit, at Grantee's expense, and if the Grantee fails, neglects or refuses to do so,
the City, by its properly constituted authorities, may remove the same at the
expense of the Grantee. The costs associated with the removal, relocation or
ORDINANCE No. 00-31
Exhibit A, Page 2
extension of Grantee's facilities at the request of a private developer or
development shall be bome by such private developer or development.
SECTION 8. At such time that Grantee intends to discontinue using or to remove (including
actions pursuant to a City termination order) any telecommunications network
facility or facilities within the City, Grantee shall submit a specific plan for such
discontinuance or removal to the City Engineer and shall gain the City Engineer's
approval. The City Engineer may allow Grantee to abandon in place any facility or
facilities, may require the Grantee to remove or modify the facility or facilities within
the public rights-of-way or other public place or property, may cause the facility or
facilities to be removed at the Grantee's expense, or may take any combination of
these actions. Grantee shall complete such removal or modifications in
accordance with a schedule set by the City Engineer. Until such time that
Grantee's property is completely removed and all restorations to the public rights-
of-way or other public places or property have been completed, Grantee shall be
responsible for all necessary repairs, relocations, and maintenance of the facility or
facilities in the same manner and degree as if the facility or facilities were in active
use, and the Grantee shall retain all liability for such facility or facilities.
SECTION 9. All notices and approvals required under this Agreement shall be in writing. The
Grantee shall provide the City with the name, position and phone number of
Grantee staff that can be contacted for administration of this Agreement and for
contact with construction-related questions and comments.
Such notices and approval shall be directed to the City as follows:
City Engineer, City of Tigard
13125 SW Hall Blvd.. Tigard, Oregon 97223
(503) 639-4171
SECTION 10. Upon request of the City, the Grantee shall provide available plans and locate any
underground conduit or equipment belonging to Grantee, as required for the
preparation of construction drawings.
SECTION 11. Whenever it becomes necessary to temporarily rearrange, remove, lower or raise
the wires, cables or other plant of Grantee for the passage of buildings, machinery
or other objects, Grantee shall temporarily rearrange, remove, lower or raise, its
wires, cables or other plant as the necessities of the case require; provided,
however, that the person or persons desiring to move any such buildings,
machinery or other objects, shall pay the entire actual cost to Grantee of changing,
altering, moving, removing or replacing its wires, cables or other plan so as to
permit such passage, and shall deposit in advance with Grantee a sum equal to
such cost as estimated by Grantee and shall pay all damages and claims of any
ORDINANCE No. 00-31
Exhibit A, Page 3
kind whatsoever, direct or consequential, caused directly or indirectly by changing,
altering, moving, removing or replacing of said wires, cables or other plant, except
as may be occasioned through the sole negligence of Grantee, Grantee shall be
given not less than ninety-six (96) hours written notice by the party desiring to
move such building or other objects. Said notice shall detail the route of
movement of such building or other objects over and along the streets, alleys,
avenues, thoroughfares and public highways and shall bear the approval of the
City. Such moving shall be with as much haste as possible and shall not be
unnecessarily delayed or cause Grantee unnecessary expense or waste of time.
SECTION 12. In consideration of the rights and privileges hereby granted, Grantee agrees to pay
to the City the greater of $7,500 per year or five percent (5%) of the gross
revenues derived from exchange access services, as defined in ORS 401.710, and
lease revenues to the extent that lease revenues are separate from and in addition
to revenues derived from exchange access services within the city limits less net
uncollectibles. Any portion of such revenue that is subject to the franchise fee
pursuant to the Cable television and broadband Access Franchise approved by
ordinance #00-30 shall be excluded from the computation of the franchise fee
payable under this separate grant of franchise for telecommunications services.
Such payments shall be made to the City every six months for the life of this
agreement on or before March 15 for the six month period ended December 31,
and September 15 for the six month period ended June 30. Grantee may make
such payments quarterly if Grantee so chooses.
Such franchise payment will be accepted by the City from the Grantee also in
payment of any license, privilege or occupation tax charged for regulatory or
revenue purposes. The franchise payment is not accepted in satisfaction of
payments due to City for the failure of Grantee to perform any of Grantee's
obligations pursuant to this franchise agreement including but not limited to
Grantees' obligations to bear the cost of repairs under Section 4 and the cost of
relocation under Section 7.
The City shall have the right to change the percentage of gross revenues set forth
above at any time during the life of this agreement provided it has made such
notice in writing at least 180 days prior to the effective date of any change.
The City shall have the right to conduct, or cause to be conducted, an audit of
franchise payments as defined herein. The City shall conduct the audit at its own
expense. Any difference of payment due either the City or Grantee through error
or otherwise as agreed upon by both the City and Grantee, shall be payable within
sixty (60) days after discovery of such error.
SECTION 13. The rights, privileges and franchise hereby granted shall continue to be in full force
for a period of fourteen (14) years from the date this ordinance becomes effective.
This ordinance shall be subject to any and all State or Federal laws and
regulations. It is understood and agreed that either party may request termination
or renegotiation of the terms of this agreement after 60 days notice in writing.
ORDINANCE No. 00-31
Exhibit A, Page 4
Upon such request, the other party agrees to negotiate in good faith for a period of
not less than 60 days, or such longer period as mutually agreed to by both parties.
If the parties fail to reach agreement on the requested termination or renegotiation
of terms, either party may avail itself of any legal remedies available to it.
SECTION 14. The Grantee shall, within thirty (30) days of the effective date of this ordinance, file
with the Recorder of the City its written acceptance of all the terms and conditions
of the ordinance and if not so accepted by the Grantee, this ordinance shall be
void.
DATED this 14th day of November, 2000.
CITY OF TIGARD
OREGON, a Municipal Corporation
By:
Mayor Jam Gri fit
ATTEST: -rLP-
Catherine Wheatley
City Recorder
ORDINANCE No. 00-31
Exhibit A, Page 5
ACCEPTANCE OF FRANCHISE
WHEREAS, the CITY OF TIGARD, OREGON, under date of November 14; 2000 passed
ORDINANCE NO. 00-31, entitled as follows, to wit:
AN ORDINANCE GRANTING TO RCN TELECOM SERVICES INC. A FRANCHISE TO CONDUCT A
TELECOMMUNICATIONS BUSINESS IN THE CITY OF TIGARD, OREGON, INCLUDING THE RIGHT
TO PLACE POLES, WIRES, AND OTHER APPLIANCES FOR TELECOMMUNICATION PURPOSES IN
THE PUBLIC RIGHTS-OF-WAY; AUTHORIZING THE MAYOR TO SIGN THIS AGREEMENT; AND
DECLARING AN EMERGENCY.
NOW, THEREFORE, the undersigned, RCN Telecom Services Inc., the Grantee named in said
Ordinance, does for itself and its successors and assigns accept the terms, conditions and
provisions of Ordinance No. 00-31 and agrees to be bound thereby and comply therewith.
IN WITNESS WHEREOF, RCN Telecom Services Inc. has caused this instrument to be
executed by its officers as below subscribed this day of , 2000.
By
Received by the City of Tigard
this day of 12000.
ORDINANCE No. 00-31
Exhibit A, Page 6
\a
LL 5fu.d~, ~QS► ~ nn
f~i 54'Y'i 9 u4-~d Council I I.14 ue
Monday November 13,2000 C1 Ln6 ( rn u*. n9
To: Tigard City Council Members
From: Council Member Paul Hunt
Subject: Use of city facilities for church parking
I am writing this memo to ask support of the council members in a proposal I made to Ed
Wegner and Bill Monahan and am receiving some resistance. They have not said yes or no
to the proposal but Ed has voiced some opposition. I have not gone into the matter
enough to know exactly what his opposition is. I felt it might be better to get the reaction
of the council before a definite answer was received than to risk a no answer and then go
to the council and ask them to over rule a staff decision.
Calvin Presbyterian has grown to the extent that they no longer have safe and adequate
room for parking for their Sunday services. The church is located on the corner of
Canterbury Ln. and 103 Ave. Members are parking on both streets. 103rd. Ave. is
narrow with no sidewalks and is dangerous for pedestrians. Directly acros.%from the
entrance to the church is the Canterberry water facilities. There is a large paved parking
area there that appears to have very little use. I have requested that this be made available
to the church for Sunday parking.
One area that would have to be considered is security. The complete area is fenced with at
least two gates. Only one gate is used and it can be padlocked. Currently when the city
uses this facility they unlock the gate and leave it open, even when there are no employees
on the grounds. It would appear to me if the church was allowed to use the facilities there
would be no more or less chance of vandalism or other damage than when the city uses it.
They would only want to use it on specified hours on Sundays.
This request appears to me to be much the same as we have granted for others and have set
a precedence.
1. The city has reached and agreement with Tigard Christian Church where they use the
parking at the senior center and also hold some classes in the senior center building. I
believe this is without charge.
2. The city allowed the Chamber of Commerce to use the facilities at the water building
on Burnham for their Saturday market.
3. The city purchased land, paved parking, and allowed the Chamber of Commerce to
assume control of part of these lots.
4. The buildings at the water facilities are used by a number of organizations for meetings.
It appears to me this is following a precedence that is well established with little
inconvenience to the city. It should also be pointed out that with the expansion of the
Tigard House in the near future use of this parking area will surely be considered.
Bill also mentioned that we would have to receive permission of the Tigard Water District
to use the facilities. I am not sure why he restricted it to the Tigard Water District. If we
need their permission I would assume the same applies to King City and Durham. Did we
get permission from the other three entities when the Chamber of Commerce used the
Burnham facilities. Did we get their permission to allow use of the building for meetings?
Even if we did need their permission I would like to point out that there is a very large
membership in the church from ]King City and a number of people from Bull Mountain that
belong to this church. I would be surprised, if approached in the proper manner, if we
would get any resistance from the IWB members.
In my opinion there would be a minimum of inconvenience to the city. The church would
be happy to pay any expense to make the facilities secure and safe such as any additional
fencn;g and stripping of the parking lot. We will soon be going out for a bond issue for the
library. Anything we can do for good will without imposing additional costs or
inconvenience to the city should be considered. Most of the users of this parking are the
ones who are paying the taxes and water fees that support this facility. Why should it set
unused on week ends when there is such a pressing need for it?
I would request that the city council recommend to the staff that an agreement be drawn up
with the church allowing the church, under conditions agreed on by both parties, to use this
parking on Sundays and possibly on other occasions when permission is requested and
granted by the staff.
Item No. `5-h!(J! S 5s /6Y~
ni, ftounell Newsletter dated ~i 6-~ ► &j/
MORANDUM
ME
CITY OF TIGARD, OREGON
TO: Honorable Mayor & City Council
FROM: Bill Monahan
DATE: November 9, 2000
SUBJECT: City Sponsorship of Cultural Events
Earlier this year the City passed Ordinance 00-01 adopting a policy for City Sponsorship of
Cultural Events. A copy is attached. The initial events are the Tigard Festival of Balloons,
4t' of July event, and the Broadway Rose Theatre Company. Although the initial year of
sponsorship has been successful, staff identified a number of additional questions which
should be addressed in order that the City's liability arising from sponsorship may be
limited.
Over the last couple of months, City staff has met with City Attorney TinRamis and
discussed a number of concerns. Tim prepared the attached memo of August 30, 2000,
where he initially responded to the issues discussed with staff. I met with Tim last month to
discuss his memo. At that time we needed further changes which resulted in Tim
preparing a series of documents for review by Council.
During the study session meeting of November 14, Tim will discuss the implications of the
City sponsorship of events and how we might limit the City's liability. Please review Tim's
August 30 memo as a starting point. Following our discussion last month, Tim reworked
some draft resolutions and agreements which would implement the suggestions contained
in his memo as modified by our discussion. Tim will also discuss the latest drafts of these
materials which are as follows:
1. A resolution establishing a procedure to grant City sponsorship to community events
(along with Attachment A, City Sponsorship of Cultural Events).
2. A resolution acknowledging that an event is a City of Tigard sponsored event and
establishing the initial funding level by the City of Tigard.
3. A Sponsorship Agreement. (This is the third draft prepared by Tim's office, dated
November 3, 2000.)
4. An ordinance amending Title 7 of the Tigard Municipal Code regarding use of public
property (parks).
Copies of the resolutions, ordinance, and draft agreement have been circulated to staff
members involved in sponsored events. As a result, by the time of the study session on
Tuesday, Ron Goodpaster, Ed Wegner,•Craig Prosser, Cathy Wheatley, and Loreen Mills
may have comments and suggestions which Tim will be in a position to address.
Initially, we planned to have Bruce Ellis of the Tigard Festival of Balloons present at the
study session to report on the year 2000 event, however, additional information is being
prepared so the discussion has been postponed to November 28, 2000.
att
i.W MIBIU V&MOSCRY SPONSORSHIP OF EVEN 5.000
CITY OF TIGARD, OREGON
RESOLUTION NO. 00-0)
A RESOLUTION ESTABLISHING A PROCEDURE TO GRANT CITY SPONSORSHIP TO
COMMUNITY EVENTS.
WHEREAS, various groups organize and put on community and cultural events for the benefit of the
citizens of Tigard, and
WHEREAS, the City of Tigard from time to time offers support for some events in the form of direct cash
grants, in-kind services, and/or access to City facilities or insurance, and
WHEREAS, it would be appropriate for the City to join certain events as an official sponsor due to the
number of Tigard citizens participating or volunteering for the event; the role of the event in creating a
greater sense of community in Tigard; and the economic, artistic, and cultural benefits of the event to
Tigard residents and businesses, and
WHEREAS, official City sponsorship, with a commitment for long term participation, improves the ability
of event organizers to plan for the long term and to obtain other sponsors and financial support,
NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that the procedure for City
Sponsorship of Cultural Events, included in this Resolution and Attachment A, is hereby adopted.
PASSED: This C~e- day o 2000.
0-
-M-ayeF-Q"1-T4gaE:d
Council President, City of Tigard
ATTEST:
~ ~'au~'- loll
City Recorder - City of Tigard oL)
RESOLUTION NO. 00--Q]
Page 1
Attachment A
City Sponsorship of Cultural Events
1. The City of Tigard will formally recognize by Council resolution those community and cultural
events that it wishes to sponsor. Sponsorship will continue until terminated by Council
resolution, which will provide one year notice of termination.
2. City sponsorship will include City support (direct cash grants, in-kind services, access to
facilities or insurance coverage, or a combination of the above) as identified in the sponsoring
resolution. If City sponsorship includes direct cash grants, the sponsoring resolution will
identify a target funding amount. A target amount may be adjusted, however, during the City's
annual budget process.
3. In identifying events for City sponsorship, the City will consider the following factors:
a. The number ofC-ity residents participating in the event
b. The number of City residents volunteering for the event
c. The role of the event in creating a greater sense of community and Tigard identity
d. Economic, artistic, and cultural benefits of the event to Tigard residents and businesses
e. The level of support for the event raised from other sources
4. Events sponsored by the City will be required to list the City as an official sponsor in all
publicity and promotional materials.
Non-sponsored events may be considered for funding during the City's annual budget process on
a year-to-year basis.
RESOLUTION NO. 000-
Page 2
RAMIS
CREW
CORRIGAN &
BACHRACH, LLP
ATTORNEYS AT LAW
1727 N.W. Hoyt Street
Portland, Oregon 97209
(S03) 222-4402
Fax: (503) 243-2944
MEMORANDUM
TO: Bill Monahan, City Manager
City of Tigard
FROM: Timothy V. Ran-is, City Attorney
DATE: August 30, 2000
RE: City Sponsorship of Events and Programs
BACKGROUND
The City Council recently passed Resolution No. 00-01, which adopted a policy for City Sponsorship
of Cultural Events. The policy provides that sponsorship is to be ongoing unless terminated and may
include direct cash grants, in-kind services, and/or access to facilities or insurance coverage. The
policy provides factors for the City to consider in determining whether to sponsor an event and
requires that the City be listed as an official sponsor in all publicity and promotional materials. The
policy also allows the City to fund non-sponsored events on a year-to-year basis through the budget
process. '
The City has adopted resolutions to sponsor three events: Tigard Festival of Balloons; Tigard Fourth
of July, and Broadway Rose Theatre Company.' The resolutions state that the City is sponsoring the
event and state the initial amount of funding but do not otherwise specify what the sponsorship will
involve.
'The Tigard Festival of Balloons and Tigard Fourth of July events are clearly "events" as
that term is commonly used. Tigard has also sponsored the Broadway Rose Theatre Company,
which does not appear to be an "event."
Memorandum re: City Sponsorship of Events and Programs
August 30, 2000
Page 2
ISSUES
Does the sponsorship of events create a risk for the City? What actions or activities increase the
potential for City liability? What actions if any can be taken to reduce the risk associated with
sponsorship of an event?
SHORT ANSWER
In the abstract, sponsorship by itself should not create liability for the City. However, certain actions
by the City in connection with sponsorship may result in City liability. The City can reduce its
potential liability by:
Having all sponsored entities sign an agreement with the City that (1) clarifies the scope of the
sponsorship and relationship between the City and the sponsored entity, (2) requires the
organizer to provide insurance, and (3) requires the organizer to indemnify the City;
2. Deleting the provision in Resolution 00-01 that includes possible insurance through the City as
a means of assistance that the City can provide;
Ensuring that the City continues to act in conformance with its status as a governmental entity
in connection with sponsored events.
ANALYSIS
The City is concerned with its potential liability. Two kinds of potential liability are possible. First,
the City is liable for its own acts. The City cannot normally avoid liability for its own acts. Second,
the City may be vicariously liable for acts of others. This memorandum primarily addresses vicarious
liability but also contains some discussion of direct liability for the City's own acts.
The events sponsored by the City are put on by private entities. The private entities are primarily
responsible for the organization of the events and associated activities. Two separate sets of rules
govern when one person or entity can be responsible for the acts of another person or entity. One set
of rules applies to contracts, the other set of rules applies to torts. A person is responsible for
contracts entered into by the person's agents. Although actual authority is usually required to bind
the principal to a contract entered into by an agent, the principal can be found liable on a contract if
the principal leads others to believe that the agent is the principal's agent. Jones v Nunley, 274 Or
591, 547 P2d 616 (1976); Kantor v Boise Cascade Corp., 75 Or App 698, 708 P2d 356 (1985).
Memorandum re: City Sponsorship of Events and Programs
August 30, 2000
Page 3
The basic rule for tort liability is that a principal is not liable for the torts of an agent unless the agent
is an employee acting within the course and scope of the employment and under the control of the
employer. Wilken v. Van Sickle, 265 Or 42, 507 P2d 1150 (1973). However, Oregon governmental
entities are subject to potential vicarious liability of their agents under the Oregon Tort Claims Act.
ORS 30.265. For a local government to be liable for an act of an agent, the agent must be acting
within the course of their employment or duties.
Contractual Liability
The entities that organize the events sponsored by the City may enter into various contracts, including
contracts with food service providers, private security companies, landlords, concession operators,
service providers, and others. These entities do not act as the agent of the City, but act on their own
behalf. However, if any of the sponsored organizations default on their contracts, some possibility
exists that their creditors would go looking for an entity with ability to pay and may rely on City
sponsorship to claim that the event organizers had apparent authority to act for the City.
The City should avoid actions or statements that would create the appearance that any sponsored
event is put on by the City or that the organizers are acting for the City in organizing the sponsored
event. Resolution 00-01 and its attached policy refers to the City as an "official sponsor." Some
could interpret this to mean that the event is an official City event, which may create some appearance
that the event organizers are acting for the City. We recommend that all references be simply to
"sponsorship" and that the term "official" not be used.
The risk of contractual liability can be kept minimal by clearly describing the sponsorship relationship.
The City can substantially reduce the risk of vicarious contractual liability by requiring sponsored
entities to enter into a sponsorship agreement that clearly establishes the relationship between the City
and the event. The City should also add an explicit statement to Resolution 00-01 and all resolutions
creating sponsorship that provides that the sponsored organizations are not agents of the City.
Tort Liability
At common law, a principal is not liable for the torts of an agent (or any other third party) unless the
agent is an employee acting within the course and scope of the employment and'under the control of
the principal. Wilken v. Van Sickle, 265 Or 42, 507 P2d 1150 (1973). However, the Oregon Tort
Claims Act has somewhat expanded the vicarious liability of local governments by making them liable
for acts of their agents, even if the agents are not employees. ORS 30.265. The event organizers are
neither agents or employees of the City. The City should therefore not be liable for the torts of the
event organizers. Again, the City should be careful that it does not transform the sponsored events
Memorandum re: City Sponsorship of Events and Programs
August 30, 2000
Page 4
into official City events. If the events are considered official City events, an argument could be made
that the organizers are acting as the City's agents. The relationship between the organizer and the
City and the status of the event should be clarified in a sponsorship agreement and in the sponsorship
resolutions.
One provision of Resolution 00-01 does create the possibility of, at a minimum, increased costs for
the City. Resolution 00-01 provides that one of the sponsorship benefits that the City can provide is
to allow the event access to City insurance. While the City may not create any risk of direct liability,
allowing others to be covered by City insurance may result in increased insurance rates, particularly if
any claims are made. We'recommend that the City require event organizers to provide insurance
rather than allowing the event to be covered by City insurance.
The City Should Enter Into Sponsorship Agreements With Event Organizers
Although sponsorship by itself should not result in vicarious liability, further clarification of the
relationship should reduce any potential for City liability for acts of the organizing entities. Currently,
the City provides a resolution, a cover letter, and a copy of Resolution No. 00-01 to each sponsor,
but does not have a written agreement with the event organizer. To clarify the relationship and
provide appropriate safeguards for the City's interests, we recommend that each sponsored
organization be required to enter into a sponsorship agreement with the City. Each sponsorship
agreement should include the following:
A provision making the event organizer responsible and providing that the City is not
responsible for actions relating to the event. The provisions should be tailored to each event.
For example, the agreement relating to the Tigard Festival of Balloons should include
references to personal injury or property damage resulting from the operation of hot-air
balloons (whether on or off City property), from the operation of rides or from food or drink
sold at the event.
2. For events to be held on City facilities, including the Balloon Festival, a provision that the
event organizer has chosen the site and accepts any hazards or imperfections associated with
the site.
3. A provision requiring the event organizer to defend, hold harmless, and indemnify the City for
any and all claims arising out of the event, other than claims that are based solely on the
actions of the City. The agreement could also provide that any contracts that organizer enters
into with third parties to provide goods or services on-site also include a provision requiring
that the third party hold harmless, defend, and indemnify the City. The City may want the
Memorandum re: City Sponsorship of Events and Programs
August 30, 2000
Page 5-
organizer of the Balloon Festival to require similar provisions in any contract with any balloon
owner or operator.
4. A provision requiring the event organizer to obtain and maintain insurance and to provide the
City with a certificate of insurance. The agreement could also provide that the organizer must
require insurance of those it contracts with to provide goods or services on-site. For the
balloon festival, the City may require the organizer to require balloon owners and operators to
have a specified amount of insurance.
5. A provision clearly stating the City is only a sponsor, that the event organizer is not an agent
of the City and is independent of City control.
6. A list of all support that the City will provide as a sponsor. If the sponsorship includes use of
City property, the agreement should state that the applicant must apply for a permit under the
same standards (with the exception of a fee waiver) as any other user of City property and
must comply with the permit.
7. A provision specifying how and to what extent the City is to be identified as a sponsor.
A provision requiring the event organizer to maintain records and provide financial
information to the City.
Direct Liability
Some potential exists for direct liability by the City. In particular, if City facilities are used, the City
may be liable for injury or damage arising from the condition of those facilities. However, such
liability is inherent in the ownership and operation of public facilities and little can be done to limit the
liability beyond the limits that are imposed by the Tort Claims Act.
The City may also be directly liable for actions of City employees in connection with any of the
sponsored events. For example, if a police officer makes an arrest or takes other action during the
Balloon Festival, the City is responsible for those actions and may be liable if the officer acts
improperly. We understand that the response by City police and other personnel in the past has been
appropriate that they have acted solely in their official role. The City needs to continue to ensure
that all City employees remain mindful of the limitations on government authority and that the fact
that a City-sponsored event is occurring does not change the rules.
Memorandum re: City Sponsorship of Events and Programs
August 30, 2000
Page 6
Identified Concerns
Security
For an event such as the balloon festival, some police presence is inevitable. The City cannot avoid
liability for the on-duty actions of its police officers. The City relies on the professionalism and
training of its officers to limit potential claims. The event organizers may also hire their own security.
As discussed above, the City should not be liable for the actions of private security unless the City is
itself negligent. However, because claims are possible even when the City has a good legal defense,
the City should reduce its exposure by requiring appropriate provisions in the sponsorship agreement
providing for defense and indemnity by the event organizers.
w
Contracts Between Event Organizers and Others
The event organizers may in some situations contract with others to provide goods and services. As
discussed above, the City should require that written contracts by the event organizers with third
parties clearly state that the City is not a party to the agreement and that the event organizer is not the
City's agent.
Carnival Operations
The Balloon Festival may include a carnival. The City should not be liable for the actions of carnival
operators that are in no way controlled by the City. To insulate the City from possible claims, the
City should insist on strong provisions in its agreements requiring the event organizer to defend, hold
harmless, and indemnify the City from all potential claims, including claims arising from actions of
those contracting with the event organizer, as well as substantial insurance requirements. The City
can also require that the event organizer require certain levels of insurance from contractors and
could require that agreements between the organizer and the contractor require the contractor to hold
harmless, defend, and indemnify the City.
Balloon Operations
Some possibility exists that the balloon operations will result in personal injury or property damage.
As discussed above, appropriate provisions in a sponsorship agreement should limit the City's
potential liability and should limit the costs to be incurred by the City if any claims are made.
Memorandum re: City Sponsorship of Events and Programs
August 30, 2000
Page 7
Lack ojReporting
City sponsorship is intended to promote cultural, social and artistic events that provide positive
benefits to the City. The City does not intend that its sponsorship be used simply to provide
additional profit to a conunercial entity or to provide an entity with an unfair commercial advantage.
Appropriate financial record keeping and reporting requirements in the sponsorship agreement would
assist the City in ensuring that the sponsorship program is being appropriately used.
GW&cn%(M24/sponsorsWp.me i
CITY OF TIGARD, OREGON
RESOLUTION NO. 00-
A RESOLUTION ESTABLISHING A PROCEDURE TO GRANT CITY SPONSORSHIP TO
COMMUNITY EVENTS.
WHEREAS, various groups organize and put on community and cultural events for the benefit
of the citizens of Tigard; and
WHEREAS, the City of Tigard from time to time offers support for some privately organized
and operated events in the form of cash payments, in-kind services, fee waivers, and/or access to
City facilities or insurance; and
WHEREAS, it would be appropriate for the City to support certain privately organized and
operated events a sponsor due to the number of Tigard citizens participating or volunteering for
the event; the role of the event in creating a greater sense of community in Tigard; and the
economic, artistic, and cultural benefits of the event to Tigard residents and businesses; and
WHEREAS, City sponsorship, with a commitment for long term participation, improves the
ability of event organizers to plan for the long term and to obtain other sponsors and financial
support;
NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that:
Section 1: The procedure for City Sponsorship of Cultural Events, included in this
Resolution as Attachment A, is hereby adopted.
Section 2: Resolution No. 00-01 is hereby repealed.
PASSED: This day of , 2000.
Mayor, City of Tigard
ATTEST:
City Recorder - City of Tigard
hADM\CITY COUNCIUCOUNCIL AGENDA ITEM SUMMARIESXEVENT SPONSORSHIP DOCUMENTS.DOC
ATTACHMENT A
CITY SPONSORSHIP OF CULTURAL EVENTS
1. The City of Tigard will formally recognize by Council resolution those community and
cultural events that it wishes to sponsor. Sponsorship will continue until terminated by
Council resolution, which will provide one year notice of termination. All sponsored
events shall remain the responsibility of the event organizer and are not official City
events.
2. City sponsorship will include City support (cash payments, in-kind services, fee waivers,
and/or access to City facilities or insurance), as identified in the sponsoring resolution. If
City sponsorship includes cash payments, the sponsoring resolution will identify a target
funding amount. A target amount may be adjusted, however, during the City's annual
budget process.
3. In identifying events for City sponsorship, the City will consider the following factors:
a. The number of City residents participating in the event.
b. The number of City residents volunteering for the event.
C. The role of the event in creating a greater sense of community and Tigard
identity.
d. Economic, artistic, and cultural benefits of the event to Tigard residents and
businesses.
e. The level of support for the event raised from other sources.
4. Events sponsored by the City will be required to list the City as a sponsor in all publicity
and promotional materials.
5. Non-sponsored events may be considered for funding during the City's annual budget
process on a year-to-year basis.
6. The organizer of a sponsored event shall be required to enter into a sponsorship
agreement with the City.
7. The sponsored event and the organizer of the sponsored event are independent of City
control and have no authority to act for the City. The sponsored event and organization
are not agents, employees or officers of the City for any purpose.
OADM\CITY COUNCILICOUNCIL AGENDA ITEM SUMMARIESWVENT SPONSORSHIP DOCUMENTS.DOC
I
CITY OF TIGARD, OREGON
RESOLUTION NO. 00-
A RESOLUTION ACKNOWLEDGING THAT THE
IS A CITY OF TIGARD SPONSORED EVENT AND ESTABLISHING THE INITIAL
FUNDING LEVEL BY THE CITY OF TIGARD.
WHEREAS, the City of Tigard Vision Task Force and Action Planning Committee Strategy for
Community Character and Quality of Life calls for development of an overall approach for .
sponsoring privately owned and operated community events, including long-standing events and
new events, and development of a philosophy for event sponsorship; and
WHEREAS, City of Tigard Resolution No. (Exhibit 1), established procedures and
policies for City Sponsorship of Community Events; and
WHEREAS, on April 25, 2000, the Tigard City Council approved the designation of the
as a City of Tigard Sponsored Event.
NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that:
Section 1: The is a City of Tigard sponsored
event with the length of sponsorship to be automatically renewed from yeas-to-year, with
a one-year notice to the event organizers should the City decide not to renew funding.
Section 2: The amount of funding for the shall
not exceed $ for Fiscal Year 2000/2001. This amount shall be the target
amount for future years, but the funding for future years shall be.determined by the City
Council in its sole discretion based on an annual review.
Section 3: The funding shall be to reimburse the organizers of the for costs
incurred to put on the . No payments shall be made by the city without
proof of the expenditures in a form acceptable to the Finance Director.
Section 4: The sponsorship of
does not give
any authority to act for the City.
is an independent entity and not an employee, officer
or agent of the City of Tigard for any purpose.
Section 4: This resolution shall be effective upon execution of a Sponsorship Agreement in
the form of the attached Exhibit 2 by the organizer of
Section 5: Resolution No. is hereby repealed.
PASSED: This day of , 2000.
Mayor, City of Tigard
ATTEST:
City Recorder - City of Tigard
LIA M\CITY COUNCIUCOUNCIL AGENDA ITEM SUMMARIES\EVENT SPONSORSHIP DOCUMENTS.DOC
08
SPONSORSHIP AGREEMENT
This sponsorship agreement is between the City of Tigard, an Oregon municipal
a ("Organizer").
corporation ("City") and
RECITALS
a. Organizer is the organizer of the (the "Event") and has
asked the City to be a sponsor of the Event. Although open to the public, the
Event put on by Organizer is a private event and not an official City event.
b. City has passed Resolution No. , which provides procedures and policies
for City sponsorship of events.
C. City has passed Resolution No. , which authorized City sponsorship of the
Event, subject to execution of this Sponsorship Agreement.
d. City and Organizer have agreed to the scope of the City sponsorship and the
relationship between the City and Organizer as set forth below.
AGREEMENT
1. (OPTIONAL) This agreement shall be effective when Organizer provides certificates of
insurance as required by Section _ below. This agreement shall remain in effect until
terminated as provided in Section below.
2. (OPTIONAL) City shall reimburse Organizer up to for fiscal year ,
for costs incurred to put on the Event, as provided for in Resolution
Payment shall be made only after Organizer provides proof that the costs have been
incurred and paid by the Organizer and were costs of the Event. The amount of funds, if
any, that the City will provide for future fiscal years shall be detennined by the Tigard
City Council in its sole discretion.
3. (OPTIONAL) City shall make the following City facilities available for use by
Organizer:
The dates and times of use of the City facilities shall be specified in a permit that must be
applied for at least days before the Event. All fees for the permit shall be waived.
(OPTIONAL) As authorized by TMC §7.52.075, Organizer shall post a bond in the
amount of $ to cover any potential damage to the City's facility resulting from
the event.
4. (OPTIONAL - PROBABLY FOR BALLOON FESTIVAL ONLY) Organizer shall have
the exclusive right to use the following areas of Cook Park for the duration of the Event:
(may refer to map)
During the period that Organizer has exclusive right to use these areas, Organizer may
determine who may engage in commercial activities within these areas. However, all
vendors and persons offering services for sale shall obtain permits as required by TMC
§7.52.080.
For all other areas Organizer shall have no right to exclude persons or prevent them from
engaging in commercial activity.
To provide security for equipment, goods and other property of Organizer during the
Event, camping within the exclusive area is permitted. This section constitutes the
camping permit authorized by TMC §7.80.020.
(OPTIONAL) City shall provide the following in-kind services to the Organizer:
(FOR BALLOON FESTIVAL) City shall police Cook Park during the Event and
shall provide litter clean up for the Evert. Organizer shall have no right to control
or direct City police officers and other employees. Nothing in this section
relieves Organizer from responsibility for damage to City property or other
property resulting from the Event.
6. (FOR 4TH OF JULY FIREWORKS ONLY) The City agrees to include the Event as an
insured activity under its existing liability insurance policies.
7. If the Event does not take place because of weather or other reason outside the control of
the Organizer, the City may reimburse Organizer for expenses incurred by Organizer
prior to the cancellation. If the Event is canceled by Organizer for reasons within
Organizer's control, the City shall not pay any funds to Organizer and Organizer shall
return to the City all funds paid by the City to Organizer in connection with the canceled
Event.
If the Event is canceled for any reason, the City shall not provide any in-kind services
after the date of cancellation. If the Event is canceled for any reason, the City's facilities
shall be available to the Organizer on the same basis that they are available to any other
person or entity.
If the main location of the Event moves outside the City limits of the City of Tigard, the
City may terminate or reduce payments and the provision of services as it determines
appropriate. The termination or reduction shall be decided by the City Council in its sole
discretion.
Organizer shall identify City as a sponsor of the Event and Organizer shall provide the
following rights to City:
(Include as appropriate)
A. The right to have a booth at the Event.
B. The right to have banners at the following locations: (list)
such banners to be provided by Organizer and to be of a size and design chosen
by City and placed in accordance with City's directions.
C. The right to have (number) additional signs at locations specified by
City and at a distance of at least (number) feet from other signage, such
signs to be provided by Organizer.
D. The right to signage on all courtesy vehicles, if any, used by Organizer in
connection with the Event.
E. The right to credit as follows in all print advertising of a size larger than _
(number) square inches placed by Organizer in connection with the Event:
inclusion of City as listed sponsor.
F. The right to be named in all press releases issued by Organizer.
G. The right to (number) pages of advertising in the official program
produced by Organizer.
H. The right to use photographs and film clips (not to exceed (number)
minutes in length) of this Event for purposes of advertising City's involvement
with the Event, for a period of (number) months following the
conclusion of the Event, subject to Organizer's prior approval:
I. The right to erect a courtesy tent or host a similar area at the Event at a location
designated by Organizer.
J. The right to (number) public address announcements during the Event,
each of a duration of no less than (number) seconds and to contain copy
provided by City, provided Organizer makes other public address announcements.
Nothing in the identification of the City as a sponsor shall state or imply that the
Organizer is an agent of the City or that the City is responsible in any way for the Event.
9. Organizer shall provide sufficient means by which the public may obtain information
about the Event, including but not limited to adequate phone lines to handle inquiries
about the Event. The information phone lines shall be answered by a person or by a
message that includes Event location, schedule and pricing information. Organizer shall
provide City a written public information and communication plan at least 90 days before
the Event. The City may require revisions to the plan. If Organizer fails to provide a
plan or to comply with the plan, the City may terminate this Agreement, suspend or
reduce payments, or deny Organizer the use of City facilities or services. City's only
obligation to provide information about the Event shall be to provide the Event's
information telephone number.
10. Food and Beverage Service.
A. Warranty. Organizer represents and warrants that it will cause all food and
beverage vendors to represent and warrant, as a condition of their participation in
the Event, that they will comply with all food service, sanitation and other
regulations applicable to their services at the Event. Each will be required to
show Organizer evidence of adequate comprehensive liability insurance, with
limits acceptable to City, governing their preparation, distribution and sale of food
and beverage products.
B. Alcohol. If alcohol is served at the Event, Organizer will use its best efforts, or
will cause its concessionaires to use their best efforts, to comply with all
applicable laws and regulations, including City regulations, regarding the service
of alcohol to intoxicated or underage persons, and to encourage the safe use of
alcohol.
C. Music. Organizer represents and warrants that all music played at the Event,
whether live, recorded or publicly broadcast, will be duly licensed for public
performance by ASCAP, BMI, SESAC or such other performing rights societies
or copyright owners as may be required by law, or else-in the public domain.
Organizer will indemnify and hold City harmless from and against any liability
arising out of the performance of music at the Event.
11. The City and Organizer enter into this agreement at arms-length and their only
relationship is contractual. Neither party is an employee, agent, partner, or co-venturer in
relationship to the other. Organizer is and remains an independent entity and has no
authority whatsoever to act for the City. Organizer is not an officer, employee or agent
of City as those terms are used in ORS 30.265. Organizer's officers, employees and
agents are not the officers, employees, or agents of City those terms are used in ORS
30.265. Organizer, its employees and officers shall not hold themselves out either
explicitly or implicitly as officers, employees or agents of City for any purpose
whatsoever, nor are they authorized to do so. Organizer shall include a provision that it is
not an agent of the City in all contracts it enters into with third parties.
12. Organizer is solely responsible for the organization of the Event and accepts
responsibility and liability for all personal injury, property damage, and other damages
arising from or related to the Event. The City has no responsibility for the organization
or operation of the Event. To the fullest extent permitted by law, Organizer agrees to
fully indemnify, hold harmless and defend the City, its elected and appointed officials,
employees and volunteers from and against all claims, damages, losses and expenses
incidental to the investigation and defense thereof, based upon or arising out of or
incidental to damages or injuries to persons or property, in any way related to the Event,
except for claims, damages, losses and expenses that are solely attributable to the actions
of the City. Organizer's agreement to indemnify, hold harmless and defend the City
extends to all claims damages, losses and expenses caused by or alleged to be caused by
the fault or negligence in whole or in part of Organizer's agents, contractors,
sub-contractors, employees or any third-parties that are in any way related to the Event.
This provision is essential to the City's agreement to sponsor the Event and may not be
severed from this agreement. [OPTIONAL This indemnity extends to all claims,
damages, losses and expenses relating to operation of hot-air balloons, the operation of
any carnival rides or games, and the sale or consumption of food or drink in connection
withthe Event.]
13. Organizer shall include in all Event-related contracts with third parties a proWsion
requiring the third party to defend, hold harmless, and indemnify the City as to any claim
arising from the actions or negligence of the third party.
14. (If applicable). Organizer has chosen to use City property and facilities for the Event
based on Organizer's inspection of the property and facilities and determination that the
property and facilities are appropriate for the Event. Organizer accepts that the City is
not responsible for any defects, imperfections, or lack of suitability of the City property
and facilities.
15. During the term of this sponsorship agreement, Organizer shall purchase and maintain
insurance of the types and in the amounts specified in this section. Organizer shall
furnish acceptable certificates of insurance to City within ten (10) days after execution of
this agreement and prior to any payment or furnishing of facilities or services by City.
Organizer shall indemnify City for any liability or damages that City may incur due to
Organizer's failure to purchase or maintain any required insurance. Organizer shall be
responsible for the payment of all premiums and deductibles. Organizer shall maintain
insurance of the types and in the amounts described below.
A. Commercial General Liability Insurance
Organizer shall maintain commercial general liability (CGL) with a limit of not
less than $1,000,000 each occurrence.
B. Business Auto Liability Insurance
Organizer shall maintain business auto liability insurance with a limit of not less
that $1,000,000 each accident. Such insurance shall cover liability arising out of
the use of any auto (including owned, hired, and non-owned autos).
C. Workers Compensation Insurance
Organizer shall maintain workers compensation and employers liability insurance
as required by ORS 656. The employers liability limit shall not be less than
$1,000,000 each accident for bodily injury by an accident and $1,000,000 each
employ-ee for bodily injury by disease.
Organizer shall fiunish City with a certificate(s) of insurance, executed by a duly
authorized representative of each insurer showing compliance with the insurance
requirements set forth above. Failure of City to demand such certificate or other
evidence of full compliance with these insurance requirements or failure of City to
identify a deficiency from evidence that is provided shall not be construed as a waiver of
Organizer's obligation to maintain such insurance.
The insurance required under this Paragraph shall require the insurer to give City not less
than thirty (30) days notice prior to termination or cancellation of coverage. Organizer
shall require all entities it contracts with to provide service at the Event to provide
comparable levels of insurance.
16. [FOR BALLOON FESTIVAL Organizer shall require all owners or operators of
hot-air balloons to provide certificates of insurance to the City showing CGL liability
with a limit of $1,000,000 each occurrence.)
17. Organizer shall adhere to all applicable federal, state, and local laws, regulations,
executive orders and ordinances and obtain all required permits. Required permits may
include:
Park Reservation Permit
Parade Permit
Noise Limit Permits
The fees for all permits for the Event shall be waived. Organizer shall comply with the
clauses required in every public contract entered into in the State of Oiegon as set forth in
ORS 279.312, 279.314, 279.316 and 279.320, which are hereby incorporated by
reference.
18. Notices. All notices required or permitted to be made under this Agreement shall be in
writing and shall be deemed to have been duly given when delivered or sent by prepaid
certified or registered mail or fax:
If to Organizer, to:
(Address)
If to City, to:
(Address)
or such other address as either party may designate in writing to the other party for this
purpose.
19. Other Warranties. Organizer represents and warrants that:
A. Organizer has'the full right and legal authority to enter into and fully perform this
Agreement in accordance with its terms without violating the rights of any other
person;
B. Organizer's trademarks do not infringe the trademarks or trade names or other
rights of any other person;
C. Organizer has all government licenses, permits or other authorizations necessary
to conduct the Event as contemplated under this Agreement; and
D. Organizer will comply with all applicable laws, regulations and ordinances
pertaining to the promotion and conduct of the Event.
20. Records and Reporting
A. Organizer shall maintain a complete set of records relating to the Event, in
accordance with generally accepted accounting procedures. The records must be
maintained for at least three years from the date they are generated. Organizer
shall permit the authorized representatives of the City to inspect and audit all
work, materials, payrolls, books, accounts, and other data and records of
Organizer relating to the Event while this Agreement is in effect and for three
years after termination of this Agreement. The obligations imposed by this
section shall survive termination of this Agreement.
B. Organizer shall request funding on an annual basis for future years no later than
120 days before the Event is scheduled. The request for funding shall include:
i. Financial statements from the previous year's Event.
ii. The budget for the Event to the year for which funding is requested.
iii. An Event schedule.
iv. A list of events associated with the Event.
V. The amount of funds requested and the purpose for which the funds will
be used.
vi. A list of all other services, facilities, or other benefits, that Organizer is
requesting from City.
C. Failure'to comply with subsections A or B of this section shall constitute cause for
termination of this Agreement by the City.
21. Governing Law and Consent to Jurisdiction. This Agreement is subject to and shall be
construed in accordance with the laws of the State of Oregon, except for choice of law
provisions. City and Organizer both consent to jurisdiction in the state and federal courts
located in Oregon.
22. Non-Assignment. Neither party shall assign this Agreement without the prior written
approval of the other party, except that City may assign this Agreement to any entity
which acquires substantially of its assets.
23. Complete Agreement. This Agreement represents the entire agreement between the
parties and supersedes all other agreements, if any, express or implied, whether written or
oral. Organizer has made and makes no representations of any kind except those
specifically set forth herein.
22. Binding Agreement. This Agreement shall be binding upon the parties, their successors
and assigns.
25. This agreement may be terminated by mutual agreement of the parties. Either party may
terminate this agreement for no reason by providing notice of termination one year prior
to termination. Either party may terminate this agreement for default by providing 30
days' notice. If the other party may cure the default and does so within 30 days, the
agreement shall not terminate. City may terminate this agreement without notice by vote
of the City Council if the City Council determines that it is in the public interest to do so.
Any breach of this agreement shall be considered a default. The indemnification
provisions shall survive termination.
ORGANIZER
[Name]
[Signature]
[Date]
SPONSOR
City of Tigard
[Signature]
[Date]
1:1ADM\CITY COUNCIUCOUNCIL AGENDA ITEM SUMMARIES\EVENT SPONSORSHIP DOCUMENTS.OOC
TIGARD, OREGON
ORDINANCE NO. -
AN ORDINANCE OF THE CITY OF TIGARD, OREGON, AMENDING TITLE 7 OF THE
TIGARD MUNICIPAL CODE BY AMENDING CHAPTER 7.52, PUBLIC PROPERTY USE.
WHEREAS, the City Council finds it is in the City's best interest to have cultural and other like
events in the City; and
WHEREAS, the City sponsors some of these events; and
WHEREAS, revisions to the Tigard Municipal Code are necessary to allow the events and to
allow sponsorship of the events;
NOW, THEREFORE; the City of Tigard ordains as follows:
Section 1: The second paragraph of Section 7.52.010 of the Tigard Municipal Code is
amended to read as follows:
All public areas as herein designated for general public use shall be kept and maintained
for the use and benefit of the public, provided, however, that the City may grant by
permit the right to a person or entity to exclusive use of a public area or a portion of a
public area for a limited period of time. Use of public areas shall be subject to such
reasonable and necessary rules and regulations as herein prescribed or as may be from
time to time adopted to protect and preserve the enjoyment, convenience and safety of the
general public in the use thereof.
Section 2: Chapter 7.52 of the Tigard Municipal Code is amended by adding a new section
7.52.075 to read as follows:
7.52.075 Bond May Be Required
The City Manager may require, as a condition for issuance of a permit for use of a public
area, that the permittee provide a bond in a form acceptable to the City Attorney in an
amount sufficient to cover the cost of any damage that may result tc City property from
the permitted use.
Section 3: Section 7.52.080(a) of the Tigard Municipal Code is amended to read as follows:
(a) It is unlawful for any person to sell or offer for sale any article or perform or offer
to perform any service for hire in any of the parks without a written permit for
such concession properly and regularly granted by the City Manager or designee.
If the City has issued a permit or entered into an agreement giving a person or
entity exclusive use of any park area, the granting by the City of a permit for a
concession under this section does not give the concession permit holder the right
to enter or engage in commercial activity in the exclusive use area. -
PASSED: By vote of all Council members present after being read by
number and title only, this day of , 2000.
Catherine Wheatley, City Recorder
APPROVED: By Tigard City Council this day of .2000.
Mayor
Approved as to form:
City Attorney
Date
L: ADMICITY COUNCIUCOUNCIL AGENDA ITEM SUMMARIESXEVENT SPONSORSHIP DOCUMENTS.DOC
Wheatley - Special Events Sponsorship Comments Page 1
From: Loreen Mills
To: Cathy Wheatley
Date: 11/13/00 2:25PM
Subject: Special Events Sponsorship Comments
Cathy: I am unable to open the attachments from Tim's office, so I'll make my comments in this email. If
you have questions, please let me knowl
Attachment A to Resolution for procedure
Item #2 - I believe there should be a process for my allowing use of City's insurance by event organizers.
I will bring a list to Council meeting of the events we currently allow to use our coverage.
Sponsorship Agreement
Section #6 - I would suggest this be included under the Insurance Section as an option and not a stand
alone section. Also, if this section is put in the agreement, I believe other language adjustments
throughout the agreement should be considered (insurance & indemnity sections especially).
Section #9 - I would suggest including the words "and/or web site" at the end of the paragraph. I believe
we should encourage this type of service by event organizers in the future.
Section #10 - This section is not strong enough as it is written. I would suggest both food & alcohol
service be required to name the City as an additional insured on their policies or that the organizer
indemnify and hold the City harmless from and against any liability arising out of the serving of food and
alcohol. This is addressed in Section 13, however, not well addressed here.
Section #12 - We will want to also name fire works, or any other liability exposure issue in this section if it
is not covered under City's insurance policy.
Section #13 - I would recommend the City be an "additional insured" on all insurance policies of third
parties involved in an event and thus the event-related contracts with third parties should be required to
reflect this.
Section #15 - Any reference to a specific dollar amount of coverage should be left blank. This will be
determined by Risk Manager (sometimes our Insurance Agent of Record) based on the exposure the
event has.
There may be other insurance coverage needed by event organizer - depending on the type of event & its
liability exposures. Perhaps a note in the boiler plate contract that rotes this may happen.
Section #16 - I would suggest that this be added under Section 15 (insurance) rather than a separate
section.
Section #17 - Do we also list permits which are not issued by the City, but may be required - i.e., liquor,
food handlers, etc.?
Title 7 Amendment Ordinance
Section 1 - 3rd line - I would suggest changing the word "to" between the words entity and exclusive to the
word "for".
Section 2 - 7.52.075 - who determines the amount of the bond? Does this need to be spelled out in the
ordinance?
Cathy - thanks for the opportunity to review. Again, I will be at the Council meeting though I might arrive
late depending on the timing of the meeting in Forest Grove tomorrow.
Loreen
Tigard High Leadership
9000 SW Durham Road - Tigard - Oregon - 97224
(503) 431-5518 - FAX (503) 431-5410 - http://ths.ttsd.kl2.or.usAeadership/home.html
Student Envoy
OLD BUSINESS
OCTOBER 25 - ACADEMIC LETTER AWARDS
OCTOBER 31 - COMMUNITY TRICK-OR-TREAT
NEW BUSINESS
NOVEMBER 13-22 - CANNED FOOD DRIVE
NOVEMBER 18 - COMMUNITY CAN COLLECTION
Report
NOVEMBER 14 - STUDENT COUNCIL ELECTIONS
NOVEMBER 17 - CLASS MEETINGS
NOVEMBER 30 - STUDENT COUNCIL MEETING
NOVEMBER 17, 18, 30 - FALL PLAY, `THE BEST CHRISTMAS PAGEANT EVER"
DECEMBER 1, 2
WINTER FORMAL THEME - SNOWED IN"
NOVEMBER 21
- WINTER FORMAL COURT NOMINATIONS
NOVEMBER 28
- WINTER FORMAL COURT VOTING
NOVEMBER 30
- WINTER FORMAL COURT SERVICE PROJECT
DECEMBER 5
- WINTER FORMAL QUEEN VOTING
DECEMBER 9
- WINTER FORMAL DANCE
December 16 - January 1 - Winter Break! No School!
"Striving For the Best Inspires Excellence"
THS Leadership '00 -'01 Mission Statement
AGENDA ITEM # 3.2 a. .
FOR AGENDA OF November 14, 2000
MEMORANDUM
CITY OF TIGARD, OREGON
TO:
City Council
FROM:
Bill Monahan
DATE:
November 7, 2000
SUBJECT:
COUNCIL CALENDAR, November 2000 - January 2001
Regularly scheduled Council meetings are marked with an asterisk If generally OK, we can
proceed and make specific adjustments in the Monthly Council Calendars.
November
10
Fri
Veteran's Day - City Offices Closed
* 14
Tues
Council Meeting - 6:30 p.m.
Study Session - Business Meeting
* 21
Tues
Council Workshop Meeting - 6:30 p.m.
23
Thurs
Thanksgiving Holiday - City Offices Closed
24
Fri
Thanksgiving Holiday - City Offices Closed
* 28
Tues
Council Meeting - 6:30 p.m.
Study Session - Business Meeting
December
1
Fri
Tree Lighting Ceremony - 6:00 p.m.
* 12
Tues
Council Meeting - 6:30 p.m.
Study Session - Business Meeting
* 19
Tues
Council Meeting - 6:30 p.m.
Study Session - Business Meeting
25
Mon
Christmas Holiday - City Offices Closed
* 26
Tues
Council Meeting - Canceled
January
1
Mon
New Years Holiday - City Offices Closed
* 9
Tues
Council Meeting - 6:30 p.m.
Study Session - Business Meeting
15
Mon
Martin Luther King Jr. Holiday - City Offices Closed
* 16
Tues
Council Workshop Meeting - 6:30 p.m.
* 23
Tues
Council Meeting - 6:30 p.m.
Study Session - Business Meeting
iAadm\cathy\counc11\ccca1.doc
AGENDA ITEM NO.2 - VISITOR'S AGENDA DATE : November 14, 2000
(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 Manager
prior to the start of the meeting. Thank you.
NAME, ADDRESS & PHONE
TOPIC
STAFF CONTACTED
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AGENDA ITEM # .3. 3
FOR AGENDA OF November 14, 2000
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
ISSUE/AGENDA TITLE A Resolution approving-budget amendment # 3 to the FY 2000-01 Adopted Budget
to provide $5,000 additional funding for the Good Neighbor Center.
PREPARED BY: Craig Prosser DEPT HEAD OK CA2- CITY MGR OK
ISSUE BEFORE THE COUNCIL
Should the City of Tigard increase its contribution to the Good Neighbor Center by $5,000?
STAFF RECOMMENDATION
Approve Budget Amendment #3 increasing funding for the Good Neighbor Center by $5,000.
INFORMATION SUMMARY
The FY 2000-01 City of Tigard Budget includes an appropriation of $15,000 to help support the programs of
the Good Neighbor Center. The Good Neighbor Center is located in Tigard and provides temporary shelter and
support to homeless families and individuals in eastern Washington County and western Clackamas County.
The Good Neighbor Center receives funding from a variety of sources, including communities throughout this
two county region.
The Good Neighbor Center has recently identified a funding shortfall in FY 2000-01, and has asked
contributors for additional funding. The Tigard Budget Committee considered this request on October 10,
2000, and the Committee voted unanimously to recommend to the City Council that Tigard's contribution be
increased by $5,000.
This resolution implements the Budget Committee's recommendation by transferring $5,000 from the General
Fund Contingency to the Social Services Budget for an increased contribution to the Good Neighbor Center.
OTHER ALTERNATIVES CONSIDERED
Do not increase funding.
VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY
NA
FISCAL NOTES
The Resolution transfers $5,000 from the General Fund Contingency to the Social Services Budget for the Good
Neighbor Center.
f:kirywide\sum.aot
AGENDA ITEM # 0, +
FOR AGENDA OF November 14, 2000
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
ISSUE/AGENDA TITLE Adoption of Long Term Water Supply Financial Plan
PREPARED BY: Mike Miller INq DEPT HEAD OK i~~ CITY MGR OK
ISSUE BEFORE THE COUNCIL
Shall the City Council adopt a conceptual financial plan for a long-term water supply plan.
STAFF RECOMMENDATION
City Council adopt the proposed conceptual long-term water supply financial plan.
INFORMATION SUMMARY
In September 1999, CH2M Hill was awarded a contract to perform an update to our water rate model. The
update included changes in the City's customer base and water demands due to growth, anticipated changes in
the City's source of water supply, and updated distribution system capital improvement plans.
As a result of the voter approved City Charter amendment in the fall of 1999, the City has been re-evaluating
long-term water supply options and has not made a final decision. However, to anticipate a project with such
large financial impact, City Staff, Council and the Intergovernmental Water Board have considered several
scenarios that will allow the City to pay current expenses and accumulate capital reserves. As part of the water
rate update, CH2M Hill prepared a number of financial planning scenarios for presentation to the
Intergovernmental Water Board. These financial planning scenarios incorporated various water supply project
costs, capital reserve accumulation rates, purchased water costs (from Portland, Lake Oswego and other
sources), system growth rates and planning periods. Based on prior evaluations and studies of long term water
supply alternatives, selecting any one of the three current long-term water supply options (Joint Water
Commission, Clackamas River and City of Portland) would cost a minimum of $40,000,000. These estimates
have recently been analyzed and updated by our consultant and they have indicated that the capital costs are still
valid for planning purposes.
In May 2000, the Intergovernmental Water Board unanimously approved a financial plan that identified using a
$40,000,000 water supply project placeholder. This water supply project would provide an estimated 20.0
million gallons per day of water on a maximum day basis to the Tigard Water Service Area. This $40,000,000
placeholder figure was incorporated into both the water rate analysis and the water System Development
Charges (SDC's).
It is important to note that as the City progresses towards a decision on the ultimate long term water supply
option, additional information and valuation of capital costs associated with a long term supply option will
further refine the costs. At the time when a decision is made on the final long-term water supply option, it may
be necessary to adjust the $40,000,000 placeholder to a larger amount.
The adoption of the $40,000,000 financial plan allows the City to begin collecting SDC's for the purpose of
raising funds that will be allocated towards the development of a long-term water supply source.
OTHER ALTERNATIVES CONSIDERED
Do not approve the long-term water supply financial plan and postpone public hearing on the proposed SDC
increase.
VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY
The adoption of the $40,000,000 financial plan and the use of that figure to develop the proposed SDC's will
provide an innovative funding mechanism to develop a long-term water supply source.
FISCAL NOTES
By utilizing the $40,000,000 financial plan to develop and implement SDC's (after the public hearing on
November 28, 2000) will allow Tigard to begin depositing SDC revenue into a dedicated account for the
purpose of funding a long-term water supply source.
i:kitywide\sum.dot
NOV-01-2000 10:25AM FROM-MURRAY SMITH ASSOC +5032259022 T-636 P 002/003 F-093
hlutra~milh & ~csoc~tes, U1c.
~II~fI1PetS~31111ei5
94-0310.410
November 1, 2000
Mr. Mike Miller
public works Utility Manager
City of Tigard
13125 SW Hall Blvd.
Tigard, OR 97223
1?IS.IT.i~Ima~ Sue10?0 o Podtrd.Ortlon 97201. PHONT 50i-22i~010 . FAX i42!5_90?!
Re: Potential Cost of Future City of Tigard Water Supply System
Dear Mike:
Per your request, we have prepared this letter regarding the potential future cost of a
permanent water supply source for the City of Tigard. We understand that this
information is to be used as one element in estabieshing the City's water system
development charge.
The City is presently considering three alternatives for a permanent, long-term water
supply source. These alternatives are: a) the Joint Water Commission (the Cities of
Hillsboro, Forest Grove, and Beaverton and the Tualatin Valley Water District), b)
the Clackamas River (through a proposed water supply system consortium consisting
of the South Fork Water Board, the North Clackamas County Water Commission, the
City of Lake Oswego and possibly others), and c) the City of Portland.
The City is participating in activities regarding all three alternatives with the intent of
eventually selecting one alternative as being the preferred alternative for
implementation. At the present time, there is not sufficient information regarding the
three alternatives for the City to make such a decision. It is known, however, that the
City will need to make major investments of capital to implement any one of the
alternatives. Prior evaluations and studies of water supply alternatives have indicated
that the City could expect to invest $40,000,00 or more to develop a water supply
system. Conceptual level estimates indicate that the capital costs to develop any one
of the three water supply sources currently being considered could also equal or
exceed $40,000,000. It is recommended that, at this time, the City utilize this value as
the best estimate of the potential cost to develop a long-term water supply. As
additional information becomes available and as the City proceeds to screen the
alternatives and to select an alternative for implementation, this value can be further
refined.
NOV-01-2000 10:25AM FROM-UURRAY SMITH ASSOC +5032250022
Mr. Mike Miller
November 1, 2000
Page 2
If you have any questions or need any further information, please do not hesitate to
contact us.
Sincerely,
MURRAY, SMITH & ASSOCIATES, INC.
Philip H. Smith, P.E.
President
PHS:grs
AGENDA ITEM # 31
FOR AGENDA OF Nov. 14.
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
ISSUE/AGENDA TITLE -Appointments to the New Library Construction Committee
PREPARED BY: Susan Koeppingr DEPT HEAD OK CITY MGR OK
Six appointments to the New Library Construction Committee to complete the composition of that committee.
Adopt the attached resolution appointing Sue Carver, Brian Douglas, Jim Funk, Elaine Heras, Lonn Hoklin and
Kathy Sleeger to the New Library Construction Committee.
The Mayor's Appointment Advisory Committee interviewed candidates for 6 positions on the New Library
Construction Committee. Attached is a resolution which, if adopted, would approve the appointments
recommended by the Mayor's Appointment Advisory Committee. This new committee was established by
resolution number 00-49 on August 8, 2000 by City Council. Previously, Curtis Tigard, George Burgess and
David Chapman who served on the Library Expansion Committee were appointed members of the New Library
Construction Committee.
OTHER ALTERNATIVES CONSIDERED
Delay action on the appointments.
VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY
Goal: City will maximize the effectiveness of the volunteer spirit to accomplish the greatest good for our
community.
None
AGENDA ITEM # 56
FOR AGENDA OF November 14, 2000
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
ISSUE/AGENDA TITLE Award of Contract for the Construction of tmbeddea 7osswa[K U nnn stems
PREPARED BY: Vannie NguyelS~^_DEPT HEAD OK Gus Duenas CITY MGR OK Bill Monahan
ISSUE BEFORE THE COUNCIL
Shall the Local Contract Review Board approve the contract award for the construction of Embedded
Crosswalk Lighting Systems on Walnut Street (at Grant Avenue) and on Main Street (at bridge).
STAFF RECOMMENDATION
The staff recommends that the Local Contract Review Board, by motion, approve the contract award to
Highlight Construction, Inc. in the amount of $72,084.01.
INFORMATION SUMMARY
In FY 1999-2000, the Capital Improvement Program proposed a pilot program to install embedded crosswalk
lighting systems at three locations: Walnut Street (at Grant Avenue), 121St Avenue (at Katherine/Lynn Street)
and 1215[ (at Springwood Drive). However, only one crosswalk lighting system on 12151 Avenue (at
Katherine/Lynn Street) was constructed.
The crosswalk lighting system at this location has been widely used by students as well as local community. So
far the system has proved effective in protecting pedestrians from oncoming two-way traffic while they are
crossing at the intersection. Similar systems have been installed in over 50 sites in two dozen cities nationwide,
including two locations by the City of Portland and several locations by the City of Vancouver. One embedded
crosswalk in the intersection is approximately 25 to 30% the cost of a traffic walk signal which is approximately
$100,000 to $130,000 to install.
This year's project proposes to install lighted crosswalks at two locations: Walnut Street (at Grant Avenue) and
Main Street (at bridge). The lighting system emulates the same kind of powerful, inground lighting systems
used on airport runways. Prior to a pedestrian stepping into the street, he/she will activate the system by
pushing a button causing the embedded flashing lights to illuminate the walkway. These lights are visible to
drivers more then 300 yards away. The system stands on its own and is not augmented by a traffic walk signal.
The bid opening was conducted on October 24, 2000. The bid results are:
Highlight Construction, Inc. Brush Prairie, WA $72,084.01
Electrical Construction, Inc. Albany, OR $92,794.00
Engineer's Estimate $69,500
This project is funded in the amount of $60,000. This amount was calculated with the assumption that one
embedded crosswalk would cost approximately $30,000 to $35,000. A second embedded crosswalk, if constructed
at the same time, would cost less than the first one due to additional bid item quantities. However, due to heavy
traffic volume that needs to be handled during construction, and additional signage that needs to be installed on
Main Street, the project cost is higher than the originally budgeted amount.
We feel that award of the contract is justified at this time. The pilot program that installed embedded crosswalk on
1215` Avenue (at Katherine/Lynn Street) awarded a contract of $33,380 to Electric Construction Company in May
2000. This cost and the bid submitted by Highlight Construction, Inc. of $72,084 for two embedded crosswalks, or
approximately $35,000 per crosswalk, are comparable. We believe that construction timing doesn't affect the
project bid price since the scope of work doesn't include extensive roadway excavation that needs to be performed
during the dry season. We therefore recommend award of the contract to Highlight Construction, Inc.
OTHER ALTERNATIVES CONSIDERED
N/A
VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY
N/A
FISCAL NOTES
This project is funded from the State Gas Tax fund in the amount of $60,000 in the FY 2000-01 CIP. The low
bid exceeds the budgeted amount by $12,084.01. This amount will be funded from the State Gas Tax fund that
is remained from other projects that had lower bid prices.
iAcitywidel5umlagenda summary for emb crosswalks-walnut & main.doc
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AGENDA ITEM #
FOR AGENDA OF November 14, 2000_
ISSUE/AGENDA TITLE
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
PREPARED BY: Jim Hendrvx DEPT HEAD OK
MGR OK
The Tigard Central Business District Association (TCBDA) contracted with the Oregon Downtown
Development Association (ODDA) to develop an Action Plan, complete a Resource Report on the downtown,
and develop a long term financial mechanism. TCBDA will provide an update on its activities at the November
14th Council meeting.
STAFF RECOMMENDATION
No action is necessary.
INFORMATION SUMMARY
Since the last update with Council, the TCBDA has contracted with ODDA to help secure an alternative source of
long term funding for the downtown. They also have hired William Wadman III as the part-time Downtown
Manager. He will be responsible for coordinating all project activities locally and help guide the organization as
it grows. He will also help to implement an Economic Improvement District or Business Improvement District
for the downtown.
These items will be discussed at the November 101 meeting.
N/A
OTHER ALTERNATIVES CONSIDERED
VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY
Community Character and Quality of Life/Downtown, Goal #I - Provide opportunities to work proactively
with Central Business District (CBD) businesses and property owners and citizens of Tigard to set the course
for the future of the central downtown area; Strategy #1 - Tigard's CBD: Be Proactive; Action Plans - Explore
options: Outside expertise (i.e., Economic Dev. Dir., Livable Oregon).
i
FISCAL NOTES
Community Development has $50,000 approved in the 2000/01 budget for consultant services to assist in
preparation of downtown planning. Funding for the part-time Downtown Manager and contracting with ODDA
are included in this amount. Out of the $50,000 budgeted, Council has authorized $35,860 for the part time
Downtown Manager and incidental office expenses, contracting with ODDA, and banners for Main Street. To
date, $13,200 has been spent for purchase of the banners, contracting with ODDA, and expenses for the
Downtown Manager.
is\cdadm\tcbda 11-14-00 sum.doc
f
AGENDA ITEM
FOR AGENDA OF November 14, 2000
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
ISSUE/AGENDA TITLE: Public Hearing for a Zoning Ordinance Amendment (ZOA2000-00002 to require
warrant and indemnit for hillside developments in excess of ten erce to e.
PREPARED BY: Dick B DEPT HEAD OK A ITY MGR OIL
Should the City Council adopt the attached ordinance to require warranty and indemnity for hillside
developments in excess of ten percent slope?
STAFF RECOMMENDATION
Adopt the attached ordinance to amend the Tigard Community Development Code and the Municipal Code.
INFORMATION SUMMARY
As the City Council may remember, members of the Engineering Department, Building Division and Planning
Division met with the City Council over a year ago to discuss issues relating to building on steep slopes in the
City. The staff presented a Power Point presentation that included recommendations to provide more inter-staff
coordination, as well as, procedural changes. Some of the recommendations require new code language. The
City Attorney's office prepared the language of the attached amendments. Staff is now returning with the
ordinance adopting the new language. It affects the Building Code Chapter 33 and the Development Code
Sections 18.360, 18.430 and 18.775. The ordinance should help in reducing lawsuits and threatened lawsuits
relating to development approvals, as well as, improve the City's position in the event that disputes arise.
The Planning Commission held a public hearing on the amendments on October 2, 2000. The Planning
Commission recommended that the draft ordinance be changed to allow spoils on slopes greater than 20% if on
engineered fill. This is consistent with the Building Code and engineering recommendations, so staff has
revised the language that an exception to no spoils on slopes greater than 20% would be allowed if they are
placed as engineered fill with geotech certification. The Commission also had reservations about the
requirement for a geotechnical report of slopes in excess of 10%. It was the Commission's opinion that a higher
percentage figure such as 15% might be more appropriate. The Engineering Department and Building Division
recommended 10% because they require flagging and grading inspections on slopes greater than 10%. The
draft ordinance retains the 10% figure. Unless the Council determines a higher figure is appropriate, staff will
leave 10% in the ordinance.
OTHER ALTERNATIVES CONSIDERED
Not Applicable
VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY
Not Applicable.
FISCAL NOTES
No budgetary impact. Engineering fees will cover the cost of review which is included in the normal
engineering deposit.
iAcivjMde\sum\hi IIside.sum
4-Oct-00/12:23 PM
CITY OF TIGARD, OREGON
ORDINANCE NO.00-
A ZONE ORDINANCE AMENDMENT (ZOA2000-00002), AMENDING CHAPTER 14.04 OF
THE TIGARD MUNICIPAL CODE AND CHAPTERS 18.360, 18.430 AND 18.775 THE TIGARD
COMMUNITY DEVELOPMENT CODE TO ADD REQUIREMENTS FOR GEOTECHNICAL
REPORTS AND WARRANTY AND INDEMNITY OF DEVELOPERS.
WHEREAS, the developers should be responsible to ensure that all development is conducted in a safe and
responsible manner, and
WHEREAS, additional information is needed to ensure safe construction on slopes;
NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: Section 14.04.030(2) of the Tigard Municipal Code is amended to read as follows:
(2) Appendix Chapter 33 of the 1997 Uniform Building Code, as published by the
International Conference of Building Officials, regarding Excavation and Grading,
including the recognized standards for Appendix Chapter 33 listed in Part IV of
Chapter 35 of the 1997 Uniform Building Code, is amended as follows:
i. The first paragraph of Section 3309.4 of the Uniform Building Code adopted
in subsection (2) of this section is amended to read as follows:
Application for a grading permit shall be accompanied by two sets of plans
and specifications, and supporting data consisting of a soils engineering
report and engineering geology report. The plans shall contain the
information required by this section and still be in the form required by the
City Engineer. The plans and specifications shall be prepared and signed by
an individual licensed by the state to prepare such plans or specifications.
ii. Section 3310 of the Uniform Building Code adopted in subsection (2) of this
section is amended to read as follows:
Fees and charges may be adopted by resolution of the City Council. Such
fees may require that a deposit be provided for the cost of any necessary
review by a geotechnical engineer retained by the City.
iii. In addition to the standards imposed by Appendix Chapter 33, no spoils shall
be deposited downhill of any construction located on a slope of greater than
20%. The only exception would be if the spoils are placed as engineering fill
with a geotechnical certification.
GRi IrdA>`:CE No. 00--
-0
Page 1
SECTION 2: Section 18.360.040 of the Tigard Community Development Code is amended by adding
a subsection E to read as follows:
E. Warranty and Indemnity
The applicant is responsible for the design, engineering and construction
of the development. Review and inspection by the City shall not transfer
responsibility from the applicant to the developer, who shall remain
responsible and liable to the City and others for any defects or omissions
in design, engineering or construction.
2. The applicant shall warrant that all design, engineering and construction
work on all development projects shall conform to all applicable
governmental and professional standards and that all work shall be
performed in a workmanlike manner. The applicant shall agree to
indemnify the City against any claims relating to the development,
including but not limited to claims relating to the design, engineering and
construction of the development.
3. All engineers and contractors working on hillside development projects
shall warrant their work and agree to indemnify the City for defects and
omissions in their work.
4. Compliance agreements shall contain warranty and indemnity provisions
making the applicant responsible for all design, engineering and
construction that may be associated with the subdivision. Applicants for
development projects shall also be required to provide proof of insurance
in an amount acceptable to the Director. The City may require applicants
to provide personal or corporate guarantees as the Director determines to
be appropriate to protect the public interest.
5. All warranties and indemnity provisions required by this section shall be
in the form prescribed by the Director and may be incorporated into
application forms.
SECTION 3: Section 18.360.070B of the Tigard Community Development Code is amended by
adding a new subsection 7 to read as follows:
7. For any property with slopes in excess of 10%, a geotechnical report prepared
by a licensed engineering geologist and licensed geotechnical engineer.
SECTION 4: Section 18.360.090A of the Tigard Community Development Code is amended by
adding subsection 16 to read as follows:
16. Approval of a project by the City does not constitute independent verification
by the City of engineering work performed by or for the applicant.
ORDINANCE No. 00--
Page 2
SECTION 5: Section 18.430.070 of the Tigard Community Development Code is amended by
adding a new subsection C to read as follows:
C. Annroval does not constitute verification.
Approval of a plat by the City does not constitute independent verification by
the City of engineering work performed by or for the applicant.
SECTION C: The title of Section 18.430.090 of the Tigard Community Development Code is
amended to read "Bond, Warranty and Indemnity".
SECTION 7: Section 18.430.090 of the Tigard Community Development Code is amended by
adding a subsection F to read as follows:
F. Warranty and Indemnity
The applicant is responsible for the design, engineering and construction
of the development. Review and inspection by the City shall not transfer
responsibility from the applicant to the developer, who shall remain
responsible and liable to the City and others for any defects or omissions
in design, engineering or construction.
2. The applicant shall warrant that all design, engineering and construction
work on all development projects shall conform to all applicable
governmental and professional standards and that all work shall be
performed in a workmanlike manner. The applicant shall agree to
indemnify the City against any claims relating to the development,
including but not limited to claims relating to the design, engineering and
construction of the development.
3. All engineers and contractors working on hillside development projects
shall warrant their work and agree to indemnify the City for defects and
omissions in their work.
4. Subdivision agreements shall contain warranty and indemnity provisions
making the applicant responsible for all design, engineering and
construction that may be associated with the subdivision. Applicants for
subdivisions shall also be required to provide proof of insurance in an
amount acceptable to the Director. The City may require applicants to
provide personal or corporate guarantees as the Director determines to be
appropriate to protect the public interest.
5. All warranties and indemnity provisions required by this section shall be
in the form prescribed by the Director and may be incorporated into
application forms.
nm T1Tr\TANr'V M . nn-
T-%1 \.L l~v vv
Page 3
SECTION S: Section 18.775.090A.3 of the Tigard Community Development Code is amended by
adding a new subsection 5 to read as follows:
For any property with slopes in excess of 10%, a geotechnical report prepared by a
licensed engineering geologist and licensed geotechnical engineer.
SECTION 9: This ordinance shall be effective 30 days after its passage by the Council, signature by
the Mayor, and posting by the City Recorder.
PASSED: By vote of all Council members present after being read by number and
title only, this day of , 2000.
Catherine Wheatley, City Recorder
APPROVED: By Tigard City Council this day of , 2000.
Mayor - City of Tigard
Approved as to form:
City Attorney
Date
1:\curp1n\dick\c0unci1 items\zoa2000-00002.Ord.doc
4-Oct-00/12:11 PM
Vac~iilAP1..,~ rvv. vv
Page 4
AGENDA ITEM # 8
FOR AGENDA OF November 14, 2000
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
ISSUE/AGENDA TITLE Transportation no ~tccsiui,
` s DEPT HEAD OK < CITY MGR OK
PREPARED BY: A.P. Duenas -
ISSUE REFORE THE COUNCIL
Briefing on the results of the Transportation Bond Measure. No Council action required.
STAFF RECOMMENDATION
Staff is prepared to answer any questions that Council may have on the results of the Transportation Bond
Measure.
INFORMATION SUM ARY
The Transportation Bond Measure on the November 7th election ballot, as Measure No. 34-20, includes
transportation system improvements for:
■ Gaarde Street - 99W to 12151 Avenue
■ 121St Avenue - Walnut Street to North Dakota Street
■ Walnut Street - Tiedeman Avenue to 121St Avenue
■ 121St Avenue - Gaarde Street to Walnut Street
■ 98th Avenue - Signalization at Durham Road
■ Fonner Street - Walnut Street to 115th Avenue
If, after the above-listed projects have been completed, there are bond funds remaining, the alternative projects
listed below will be funded in order of priority shown:
■ Commercial Street - North side, Main Street to Lincoln Street
■ Burnham Street - Main Street to Hall Boulevard
■ Tigard Street - South side, Main Street to Tiedeman Avenue
■ Tiedeman Avenue - Greenburg Road to Tigard Street
The total estimated cost for the recommended projects is $16 million. The bond issue is for a 10-year period
,000 of assessed value, beginning in
with the first year tax rate for repayment estimated first to be 650 year on a per $1,000
home.
the
2000/2001, or approximately $97.50 during
Staff will report to the Council the results of the Transportation Bond Measure that was placed on the November 7,
2000 election ballot.
OTHER ALTERNATIVES CONSIDERED
N/A
VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY
The Transportation Bond projects, when completed, meet the Tigard Beyond Tomorrow goals of Improve
Traffic Safety and Improve Traffic Flow.
FISCAL NOTES
The Transportation Bond Measure, if approved, will provide funding for the design and construction of the
projects listed. Any projects that are currently under design, but not yet, completed, will be completed and will
use bond proceeds for the land acquisition and construction work.
I.\Citywide\.Sum\Agenda for the Transportation Bond Election Resells-11-14-o0.doc
AGENDA ITEM
FOR AGENDA OF
CITY OF TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
9
November 14, 2000
ISSUE/AGENDA TITLE Progress Report on Providing Sewer Service to the Walnut Annexation Area
PREPARED BY: G. BerryAl" DEPT HEAD OK D~ CITY MGR OK OWN-
ISSUE BEFORE THE COUNCIL
Report of progress and plan to provide sewer service to the Walnut Area Annexation
STAFF RECOMMENDATION
Report to City Council; no action requested.
INFORMATION SUMMARY
During May of 2000, the annexation of the Walnut Island became effective. This area is generally developed with
residences but without sewers. With annexation, owners in this area became eligible to establish reimbursement
districts through the City's Neighborhood Sewer Extension Program. Through this program, the City would install
public sewers to each lot within the Reimbursement District and the owners would reimburse the City for a fair
share of the cost of the public sewer at the time of connection to the sewer. In addition, each owner would be
required to pay a connection fee of $2,335 before connecting to the line and would be responsible for
disconnecting the existing septic system according to County rules and any other plumbing modifications
necessary to connect to the public line.
Two projects are in progress. On June 27, 2000, Council approved the formation of Sewer Reimbursement District
No. 18 to provide service to twenty-four lots located near SW Walnut Street and SW 1215` Avenue. The sewer is
being constructed as part of a Washington County street improvement project funded through the Major Streets
Transportation Improvement Program (MSTIP). Construction is expected this summer. An additional
reimbursement district is being proposed to serve fifteen lots along SW Rose Vista Drive. Staff expects to request
Council to establish this district by this January.
The sewer line extensions required to serve the remaining 263 lots are shown on the attached maps. The map also
shows project areas: areas that could be served by the construction of a particular line. To focus efforts on project
areas with the greatest interest from owners, the owners within each area were mailed a questionnaire asking
whether or not they supported a project that would extend sewers in their area. The questionnaire included a
preliminary estimate of the cost of the project and a post card for property owners to enter their response and return
to the City. The results of this interest survey are shown on the attached table.
Based on the survey of interest, and estimated costs, staff intends to focus its initial efforts on Areas H (twenty-nine
lots at the west end of Alberta, James and Marion Streets) and Area I (forty-seven lots along Howard Drive and
James Court). Although the current level of interest in both of these areas is not high, sudden increases could
occur. Both of these proposed projects require acquisition of easements that could substantially delay the design
and construction of the project. Staff intends to begin working on the easements to be better prepared for sudden
increases in interest. Depending on the progress in acquiring the required easements, staff will also proceed with
the design of the project.
In addition, approval of the Street Bond measure before the voters of the November 2000 general election would
require installation of a sewer in Area D as part of proposed improvement to SW 1215[ Avenue. The schedule for
the construction of this sewer would depend upon the schedule set for the Street Bond projects.
OTHER ALTERNATIVES CONSIDERED
None
VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY
None
FISCAL NOTES
Funding is by unrestricted sanitary sewer funds.
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RECEIVED C.O.T.
OCT 12 2000
Mr. Monahan, pp,,..~1
We the following signers are residents of the Leron Heights neighborhood[ Altwm}EA #ion
street is being looked at for sewer service at an approximate cost of $15,000 to $16,000 per
household. This sum is over the economic heads of almost all of the affected households. Three of
the 8 houses affected have paid $10,000 to 512,000 for new drain fields in the last 4 years. The
houses in this neighborhood are also all almost 40 years old. We are all facing major maintenance
items like n rev roofs, carpet, vinyl, furnaces, windows, insulation, fencing and driveway,
replacements. Many of us have started or already completed these types of repairs and have a
home equity loan to show for it.
The projected cost to us for sewer service is too large an amount for most personal loans, and
too small an amount to pay for people to re-finance. Most people, that had a mortgage, refinanced
at the good "interest rates of a couple of years ago. Those people are not going to refinance an
entire mortgage to the now 2 point or more higher interest rates and pay again fees and points. The
average cost for an unsecured personal loan is at 14.5 or higher, a secured loan is at i 1 percent.
We imagine we are just one small segment of people that are being multiplied across the city
as you look at extending sewers, but our costs are extraordinary due to the number of people to
share the costs. The city must look at some financing options to extend to us . A low interest loan
through the water or sewer department spread out over 20 years, payable in full if a house is sold
would cause almost all of us to sign up! l imagine this would be true all over fire city.
We all are tired of the constant stream of water down our street 9montls of the year, and
worrying about heavy rain and sewage pumps going out. The ahernative we have been given
however translates into 3`a mortgages, financial hardships and detriment to our neighborhood
through undone maintenance repairs.
Please allow us to work with the city to stop poisoning the ground, but in a way we can al l
live with.
//770
5 LJ . /-D lulu .5 ~
f
i o 5CAJ
//.gfd S 4"P ~
/;k 471o S~J 19wA1 - i
l Cpl d ~1,~ k1JA) ST
~V-Sew';e
November 2, 2000
((Owner))
((Address))
((City)) ((State)) ((Zipcode))
Subject: Neighborhood Sewer Extension Program
Thank you for your letter asking about the availability of installment payments for sewer service. In the
past, we have offered installment payments through Local Improvement Districts. However, because this
requires the sale of a municipal bond, Local Improvement Districts have proven to be too costly for
projects of the size required to provide sewer service to your neighborhood. In addition, Local
Improvement Districts require the consent of owners within the proposed district and owners must
immediately begin paying installments on the sewer even if there is no current need to connect to the
sewer.
To avoid these objections, City Council established the Neighborhood Sewer Extension Program. The
program minimizes the cost to owners and allows owners to choose when, if at all, they would pay the
fee in exchange for service. The trade off is that this program does rot provide for installment payments;
all fees are due at the time service is provided. For your neighborhood, this would require payment of
the reimbursement fee for a share of the cost of the public line currently estimated at $17,700. (Please
note that this estimated fee has been revised since we have determined that two additional lots may be
included in the project). Payment of the connection fee, currently $2,235, would also be required.
To encourage owners to promptly connect to the line once it is available, Council established the
Neighborhood Sewer Extension Incentive Program on October 13, 1998. This program limits the amount
any owner is required to pay for a share of the public sewer to $8,000 up to a maximum of $15,000 if the
connection was completed within one year from when it was first available. This would reduce the
estimated reimbursement fee for your neighborhood from $17,700 to $10,700. Please note that if you
were to pay installment payments on the full $17,700 at 11 percent for 20 years as suggested in your
letter, payment of about $2,220 per year would be required. These payments would total to the reduced
fee of $10,700 in less than five years.
The Neighborhood Sewer Extension Program without provisions for installment payments, is the
expressed policy of City Council. City Council will be receiving a staff report on providing sewer service
to your neighborhood and other areas within the Walnut Island Annexation at its November 14' meeting
in Town Hall beginning at 6:30 PM. Council has been provided with the results of the interest survey you
responded to as well as a copy of your letter. Council may discuss your letter at this meeting so you may
wish to attend.
Currently there is insufficient interest in your neighborhood to initiate a project. Should interest increase,
please let the Engineering Department know so that a project for your neighborhood may be
reconsidered. In the meantime, please call if you have questions.
Sincerely,
AGUS'TIN P. DUENAS, P.E.
City Engineer
"Tax id"
"Owner"
"Address"
"City"
"St
ate
n
"Zipcode"
2S103BA00109
RENEE LYNETTE LEE
11590 SW ANN ST
TIGARD
OR
97223
2S103BA00108
D PATRICIA SPRAGUE
11650 SW ANN ST
TIGARD
OR
97223
2SI03BA00107
ROGER & MARY POTTHOFF
11710 SW ANN ST
TIGARD
OR
97223
2S103BA00106
JOE & MARLYNN PARSONS
11770 SW ANN ST
TIGARD
OR
97223
2SI03BA00105
LOIS DIMM
11830 SW ANN ST
TIGARD
OR
97223
2SI03BA00104
PERRY C HUTCHISON
11890 SW ANN ST
TIGARD
OR
97223
2S103BA00103
THOMAS & L LEIST
11950 SW ANN ST
TIGARD
OR
97223
2SI03BA00102
JAMES AND DONA ZARR
12010 SW ANN ST
TIGARD
OR
97223
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Roger & Mary Potthoff
11710 SW Ann Street
Tigard, OR 97223
~ ~~J 503-524-2499
/U rhpotthoff@aol.com
Honorable Members
Tigard City Council
13125 SW Hall Blvd.
Tigard, OR 97223
Re: Neighborhood Sewer Extension Program
The purpose of this letter is to bring forward for your consideration our position, I and my
wife, as residents of the City of Tigard whose home is located in .Area C of the subject
sewer extension program.
First allow me to make clear that I respectfully address my comments to each of you in
your role as citizen representatives as opposed to you being elected agents of the City of
Tigard. If you will hear me as a fellow citizen, I believe you may be more inclined to look
for the reasonableness of my arguments and the common ground that you can share with
us in championing our cause in this important matter. I make this distinction, because I
think there can be a profound difference in the result depending on how you view your
role. So, I am hoping that you sit tonight as individual citizen representatives, one of us,
rather than your other entitled role as fully empowered agents of the government. In this
set of circumstances the institution that is the City of Tigard does not need you'rhelp we
do!
I will try and be brief in my comments although this is a very complicated matter with a
fair amount of history to it. The area that my comments are focused on is the area
bounded by Walnut, 12151 Street, Ann Street and 116`h Street. The sewer extension issue
is not new to this area, or so I have been told by my neighbors. There have been previous
calls for the 18 homes in this area to be connected to city sewer. I believe the last was
approximately 2 years ago. In all of those earlier instances the sewer extension
improvements were proposed, considered and voted upon by the homeowners of the
entire area in the context of a Local Improvement District. The vote failed for lack of a
majority. The important point here, that I will come back to, is that the proposal to extend
the city sewer lines was presented to all of the residents of this area en masse. The
importance of this, lies in the fact that the costs of providing sewer service to this area was
to be quantified and spread amongst the entire area. I am told that the core of the
opposition to approving the sewer extension was to be found amongst the homeowners
along Walnut for whatever reasons. So be it. However, where this matter becomes
grossly unfair, in light of this history, is that under the current proposal to extend sewer
service to this entire area the area has been divided-up not based upon the equities of the
matter but upon engineering and construction costing resulting in a significant cost
differential depending upon what side of this 18 lot rectangle one is located. Not fair nor
reasonable.
Tigard City Council
November 14, 2000
But what would be fair in this matter? Certainly, we can do better than what is on the
table right now. This should not come down to pitting neighbor against neighbor as we
try and push the costs to and fro of providing so basic a service as sanitary sewer service
to this area. While I do believe that I and my neighbors along Ann Street should pay no
more for extending the sewer lines to this area than any other homeowners in this non-
served block of homes, I believe there is another more fair approach.
w►a
The fact is that this area, along with other areas of the former unincorporated Tigard, pose
a potential health threat to other city residents zmd as well as an environmental threat to
the Fanno Creek watershed. The City of Tigard knew full well that significant portions of
Walnut Island lacked sanitary sewer connections, and yet they went ahead and annexed
these areas bringing the problem or as I prefer to see it the solution~under their domain.
Because of the long history of this issue and the time bomb like threat that it poses to
residents and the environment beyond the specific area at issue~the City ought to pay for
the sewer extension leaving the connection costs and septic removal costs to the
homeowners. If the cost cannot be absorbed or financed through the City's budget or
bonding authority, then the state legislature should be lobbied with respect to this
embarrassing relic of governmental gerrymandering and its ongoing mismanagement.
Thank you for your time and consideration.
AGENDA ITEM # /O
FOR AGENDA OF Nov. 14.2000
CITY O TIGARD, OREGON
COUNCIL AGENDA ITEM SUMMARY
ISSUE/AGENDA TITLE: An ordinance granting to RCN Telecom Services Inc. a franchise to
conduct a telecommunications business in the city of Tigard, Oregon, including the right to place poles,
wires, and other appliances for telecommunication purposes in the public rights-of-way; authorizing the
Mayor to sign this agreement; and declaring an emergency.
PREPARED BY: C. Prosser DEPT HEAD OK_ CITY MGR OK
ISSUE BEFORE THE COUNCIL
Shall the Council approve an ordinance to establish a new franchise agreement for
telecommunications services provided by RCN Telecom Services Inc.?
STAFF RECOMMENDATION
Staff recommends approval of the franchise agreement.
INFORMATION SUMMARY
This is the second of two franchises to be granted to RCN telecom Services Inc., allowing RCN to
provide "bundled" cable and telecommunications services in Tigard. Bundled franchises will provide
cable and telecommunications (data and voice) services over a common line. On October 24, 2000,
Council approved ordinance #00-30 which authorized a cable and broadband franchise. The
ordinance before the Council at this time is the companion to that franchise and addresses
telecommunications services.
This ordinance uses the City of Tigard's standard franchise agreement with the following
modifications:
1. This is an emergency ordinance. Council agreed to add the emergency clause to ordinance #00-
30 to better coordinate with the approvals of other jurisdictions within the MACC service area.
Because this ordinance is a companion to ordinance #00-30 and because the two franchises will
be administered together, staff added the emergency clause to this ordinance to better coordinate
the effective dates.
2. The term is set for 14 years (rather than the standard 10 years) to coordinate with the cable
franchise.
3. Section 1 of the agreement includes an acknowledgement of the cable franchise held by RCN.
4. Section 6 references the insurance requirements of the cable franchise and allows RCN to rely
upon the insurance certificates and surety bonds posted under that franchise.
5. Section 12 excludes the revenues attributable to the cable portion of RCN's business from the
calculation of gross revenues for purposed of calculating the telecommunications franchise fee
due. RCN pays franchise fees on cable revenues under the cable franchise. This provision
avoids double counting those revenues. Language was also added to this section to allow RCN
the option of paying franchise fees on a quarterly basis rather than a semi-annual basis.
6. A reference to other City fees was removed from the second paragraph of Section 12. Most City
franchisees are exempted from most other City construction-related and inspection fees because
their franchise grants them the right to place their equipment in the rights-of-way. The cable
franchise granted to RCN, however, specifically requires RCN to pay those fees. The change in
the telecommunications franchise is intended to remove any confusion about this issue.
7. Section 13 was modified at RCN's request to make the procedure to terminate or renegotiate the
franchise more explicit.
OTHER ALTERNATIVES CONSIDERED
Do not approve the cable franchise agreement.
VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY
N/A
FISCAL NOTES
Telecommunications franchise agreements generate General Fund revenue based on 5% of the
franchisee's revenues generated within the City of Tigard or $7,500 per year, whichever is greater.
AGENDA ITEM # / I
FOR AGENDA OF 11,14.2000
CITY OF TIGARD, OREGON
COUNCIL. AGENDA ITEM SUMMARY
ISSUE/AGENDA TITLE
PREPARED BY: Dick R. DEPT HEAD OK TY MGR OK
Should the City Council appoint the following persons to a Home Occupation Task Force?
STAFF RECOMMENDATION
Adopt the attached Resolution appointing a Task Force to study Home Occupations.
INFORMATION Si1M1VIARY
On September 12, 2000, the City Council reviewed a staff report and heard public comment on the City's Home
Occupation requirements. The main issue was whether to exempt music, piano or instruction from the existing
ordinance standards. The Council chose to create a Task Force to study the Home Occupation requirements and
will be convened-
to provide a recommendation to the serve on the Task Force. It is expected that meetings of the Task Force persons volunteered to o
sometime after the first of the year, 2001.
OTHER ALTERNATIVES ('ONSIDERED
NA
VISION TASK FORCE GOAT AND ACTION COMMITTEE ~TRATE~Y_
Not directly applicable.
FISCAL NOTES
Staff time to be scheduled as part of existing workload.
is\curplnWickkouncil itemsUtoptf00.sum
CITY OF TIGARD
Community Development
Shaping A Better Community
MEMORANDUM
CITY OF TIGARD
TO: City Council
FROM: Dick Bewersdorff
DATE: November 3, 2000
SUBJECT: Home Occupation Task Force
For your information, the following is a list of those who have volunteered to serve on the Home
Occupation Task Force.
Joyce Patton
City Councilor
Steven Topp
Planning Commissioner
Judith Anderson
Planning Commissioner
John Cook
small business owner and member of the Chamber of Commerce
Bev Froude
concerned citizen
Sherrene Walker
home-based music instructor
Brian McVicker
concerned resident
CITY OF TIGARD, OREGON
RESOLUTION NO. 00-
A RESOLUTION APPOINTING MEMBERS TO A TASK FORCE TO REVIEW HOME
OCCUPATIONS.
WHEREAS, the City of Tigard has existing regulations and standards for home occupations,
WHEREAS, the City Council was approached by citizens concerned about the impact of the regulations
related to music and piano instruction,
WHEREAS, the City Council decided to form a task force to review the issues, and
WHEREAS, the citizens have volunteered to serve on such a task force.
NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that:
SECTION 1: The following persons are hereby appointed to serve on a task force to study the City's
Home Occupation standards and provide recommendations to the City Council:
1. Joyce Patton, City Council
2. Steven Topp, Planning Commission
3. Judith Anderson, Planning Commission
4. John Cook, Chamber of Commerce
5. Bev Froude, Citizen
6. Sherrene Walker, Citizen
7. Brian McVicker, Citizen
PASSED: This day of 2000.
Mayor - City of Tigard
ATTEST:
City Recorder - City of Tigard
is cuiplnklick\council items\HoP Task Force Resolution.doc 16-Oct-00
RESOLUTION NO.00-_
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