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City Council Packet - 11/13/2001 D,216/AAA L I ®F TICS D OREGON TIG RD CITY COUNCIL MEETING NOVEMBER 13, 2001 COUNCIL MEETING WILL BE TELEVISED RUEANN ISDOCS\CCPif it 13125 SW Hail Blvd., Tigard, OR 97223 (503) 639-4171 TD© (503) 684-2772 '~a, ~~,~~a,YC~T~~l~►I~,D'~~'T~YfC~'. ®UNiY~~"~s, N~~~;1; h t r hY ~.w .,,,i,+jiy r. w+siW ~,v ,L+ r rr,i+^t ~YN t R ! )\Io~rember a001 r t a ; 6:30~p:xfi CITY OF T1~3AR® J~r a yip ;Y.: ~3; rt rf r ~2 ra e . c r,r Y/'f±.3,t r j: *fu. s f. 1 r"Se rm r. 7~ TIGARD+CI(NALL.;., r x t ri r r t 5 nx t^F ~s`S1R/H~4C(BLYi/® 7 ,~Yyyj .kCYF J 1i 31 2}~ } va jr<i"1IVllRD} t4J1V`'972.3.' l .ly' .L.6.w. ~n'7.'.1fNt.✓, tVF:x'!:rA h4 1. G.rv"n:I :rr~ G..a,~ 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 mm. 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 by calling: 503-639-4171, x309 (voice) or 503-684- 2772 (TDD - Telecommunications Devices for the Deaf). SEE ATTACHED AGENDA COUNCIL AGENDA - November 13, 2001 page 1 AGENDA TIGARD CITY COUNCIL MEETING NOVEMBER 13, 2001 6:30 PM EXECUTIVE SESSION: The Tigard City Council will go into Executive Session to discuss real property transactions under ORS 192.660(1) (e). All discussions are confidential and those present may disclose nothing from the Session. Representatives of the news media are allowed to attend Executive Sessions, as provided by ORS 192.660(3), but must not disclose any information discussed. No Executive Session may be held for the purpose of taking any final action or making any final decision. Executive Sessions are closed to the public. STUDY SESSION > POLICE CONSOLIDATION SURVEY RESULTS UPDATE • Staff Report: Police Department > BULL MOUNTAIN DRAFT STUDY COMMENTS • Staff Report: Community Development Department 7:30 PM 1. BUSINESS MEETING 1.1 Call to Order - City Council & Local Contract Review Board 1.2 Roll Call 1.3 Pledge of Allegiance 1.4 Council Communications & Liaison Reports 1.5 Call to Council and Staff for Non-Agenda Items 7:35 PM 2. VISITOR'S AGENDA (Two Minutes or Less, Please) O Tigard High School Student Envoy Nathan Leamy 7:40 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 for August 28 and September 18, 2001 COUNCIL AGENDA -November 13, 2001 page 2 3.2 Receive and File: a. Council Calendar b. Tentative Agenda 3.3 Appoint Bret A. Johnson as a Tree Board Member and Brooks Gaston as a Tree Board Alternate 3.4 Approve City Manager's Recommendations for Representation on the Cooperative Library Advisory Board 3.5 Local Contract Review Board a. Award Bid for the Construction of the SW Gaarde Street Pressure Reducing Valve Vault (CIP No. WO1-101) to W.G. Moe at Sons O 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. 7:45 PM 4. CONSIDER AMENDMENT TO CHAPTER 5.12 OF THE TIGARD MUNICIPAL CODE PERTAINING TO REGULATION AND ADMINISTRATION OF .THE CABLE SYSTEM a. Staff Report: Administration and Finance Departments b. Council Questions and Discussion C. Consideration of Ordinance No. 01- 7:55 PM 5. INTRODUCE BRET A. JOHNSON AS NEWLY APPOINTED TREE BOARD MEMBER AND BROOKS GASTON AS NEWLY APPOINTED TREE BOARD ALTERNATE a. Welcome to New Tree Board Members: Mayor Griffith 8:00 PM 6. CONSIDER AUTHORIZING A LOAN FROM THE SPECIAL PUBLIC WORKS FUND BY ENTERING INTO A LOAN CONTRACT WITH THE OREGON ECONOMIC AND COMMUNITY DEVELOPMENT DEPARTMENT a. Staff Report: Finance Department b. Council Questions and Discussion C. Consideration of Resolution No. 01- COUNCIL AGENDA -November 13, 2001 page 3 LM 71 8:10 PM 7. INFORMATIONAL PUBLIC HEARING - FINALIZE FORMATION OF SANITARY SEWER REIMBURSEMENT DISTRICT NO. 18 ESTABLISHED TO INSTALL SEWERS IN SW WALNUT STREET AND SW 121 sT AVENUE a. Open Public Hearing b. Staff Report: Engineering Staff C. Public Testimony d. Council Discussion, Questions, Comments e. Staff Recommendation f. Close Public Hearing g. Council Motion: Should Council approve the finalization of Sanitary Sewer Reimbursement District No. 18? 8:20 PM 8. REVIEW UPDATE ON FANNO CREEK TRAIL a. Staff Report: Community Development Department b. Council Questions and Discussion 8:45 PM 9. REVIEW REPORT ON MAINTENANCE OF MERESTONE POND (SW 121ST AVENUE) a. Staff Report: Engineering Department b. Council Questions and Discussion 8:55 PM 10. CONSIDER AMENDMENT TO CHAPTER 11.08 OF THE TIGARD MUNICIPAL CODE PERTAINING TO BURGLARY AND ROBBERY ALARM SYSTEMS a. Staff Report: Police Department b. Council Questions and Discussion C. Consideration of Ordinance No. 01- 9:05 PM 11. CONSIDER ELIMINATION OF CHAPTER 2.06 OF THE TIGARD MUNICIPAL CODE PERTAINING TO RESIDENCY REQUIREMENTS a. Staff Report: Administration Department b. Council Questions and Discussion C. Consideration of Ordinance No. 01- 9:15 PM 12. COUNCIL LIAISON REPORTS 9:20 PM 13. NON AGENDA ITEMS COUNCIL AGENDA - November 13, 2001 page 4 11101111 ~ 111i, 11111, 11111111 -1=~a -MEMINI~illiM-ili 9:25 PM 14. EXECUTIVE SESSION: The Tigard City Council may go Into Executive Session. If an Executive Session is called to order, the appropriate ORS citation will be announced identifying the applicable statue. All discussions are confidential and those present may disclose nothing from the Session. Representatives of the news media are allowed to attend Executive Sessions, as provided by ORS 192.660(3), but must not disclose any information discussed. No Executive Session may be held for the purpose of taking any final action or making any final decision. Executive Sessions are closed to the public. 9:35 PM 15. ADJOURNMENT \\TIG333\USR\DEPTS\ADM\CATHY\CCA\011113.D0CI: ADM\CATFMCCA\011113.1130C COUNCIL AGENDA - November 13, 2001 page 5 AGENDA TIGARD CITY COUNCIL ADMINISTRATIVE ITEMS FOR REVIEW NOVEMBER 13, 200l The Study Session is held in the Red Rock Creek Conference Room. Enter at the back of Town Haff. The Coundl encourages Interested dtizens to attend all or part of the meeting. If the number of attendees exceeds the capadty of the Conference Room, the Council may move the Study Session to the Town Hall > EXECUTIVE SESSION: The Tigard City Council will go Into Executive Session under ORS 192.660 (1) (e) to discuss a real property transaction. Representatives of the news media are allowed to attend Executive Sessions, as provided by ORS 192.660(3), but must not disclose any information discussed. No Executive Session may be held for the purpose of taking any final action or making any final decision. Executive Sessions are closed to the public. > POLICE CONSOLIDATION SURVEY RESULTS • Staff Report: Police Department > BULL MOUNTAIN DRAFT STUDY COMMENTS Staff' Report: Community Development Department > REQUEST FOR NON-AGENDA ITEMS (ITEM NO. 13) • League of Oregon Cities - City/County Insurance Services Safety Award. (Distributed to Council "Comments for the Mayor" regarding the Award.) • Resolution of Appreciation - Robert 1. Wheeler - 30 Years of Service to City of Tigard • Resolution of Appreciation - Robert L. Thompson - 30 Years of Service to City of Tigard > ADMINISTRATIVE ITEMS: 0 Select Council Goal-Setting Meeting Date: January 14 or 21, 2002. ® Distributed to Council a letter from Oregon Electric Group regarding a quote for providing electricity to tree in Liberty Park for the Holiday Tree Lighting. 0 Distributed to Council two memorandums from Clean Water Services dated November 9, 2001, regarding Regional Water Supply Issues O Discuss National League of Cities Conference • MARTA Pass • Information to know when registering In Atlanta 0 Distributed to Council request from Ed Sullivan for two wivers of conflict of interest. 0 Distributed to Council information on Metro Listening Posts - Comments oil Executive Session - The Public Meetings Law authorizes governing bodies to meet In executive session In certain limited situations (ORS 192.660). An "executive session" is defined as "any meeting or part of a meeting of a goveming body, which Is dosed to certain persons for deliberation on certain matters." Permissible Purposes for Executive Sessions: 192.660 (1) (a) - Employment of public officers, employees and agents, If the body has satisfied certain prerequisites. 192.660 (1) (b) - Discipline of public officers and employees (unless affected person requests to have an open hearing). 192.660 (1) (c) - To consider matters pertaining to medical staff of a public hospital. 192.660 (1) (d) - Labor negotiations. (News media can be excluded in this Instance.) 192.660(l) (e) - Real property transaction negotiations. 192.6600) (f) - Exempt public records - to consider records that are "exempt by faw from public Inspection." These records are specifically idendfled In the Oregon Revised Statutes. 192-660 (1) (g) - Trade negotiations - involving matters of trade or commerce In which the governing body Is competing with other goveming bodies. 192.660(l) (h) - Legal counsel - Executive session are appropriate for consultation with counsel concerning legal rights and duties regarding current litigation or litigation likely to be flied. 192.660(l) (1) - To review and evaluate, pursuant to standards, criteria, and policy directives adopted by the governing body, the employment-related performance of the chief executive officer, a public officer, employee or staff member unless the affected person requests an open hearing. The standards, criteria and policy directives to be used in evaluating chief executive officers shall be adopted by the governing body in meetings open to the public In which there has been an opportunity for public comment. 192.660 (1) - Public Investments - to carry on negotiations under ORS Chapter 293 with private persons or businesses regarding proposed acquisition, exchange or liquidation of public investments. 192.660 (1) (k)- Relates to health professional regulatory board. yi~ Agenda Item No. 3.1 Meeting of lanuary 8. 2002 MINUTES TIGARD CITY COUNCIL MEETING NOVEMBER 13, 2001 ® STUDY SESSION Present: Mayor Griffith; Councilors Dirksen, Moore, Patton, and Scheckla Mayor Griffith called the meeting to order at 6:42 p.m. > POLICE CONSOLIDATION SURVEY RESULTS UPDATE Chief of Police Ron Goodpaster briefed the City Council on this issue. He noted that information was given to the Council in June and October. Mr. Goodpaster reviewed the poll results of what is known as the "Hibbits" report. The Chief is concerned with consolidation at this time because of the following issues: • Cost factors have not been fleshed out. • Service levels have not been reviewed. • Community control issues have not been addressed. • Local identity issues should be considered. Mr. Goodpaster referred to a report called the "Cogan report" where six key areas of law enforcement were reviewed. Mr. Goodpaster noted that he is not convinced that consolidation is in the citizens' best interest. He advised that more information would likely be presented through the media soon. He reviewed several of the steps that Washington County jurisdictions have already put in place to share and make good use of resources (cooperation and partnerships). Examples include Washington County Consolidated Communications Agency (WCCCA), which is the regional dispatching agency, and also the Tactical Negotiations Team (TNT), which consists of shared personnel for major incidents. Mr. Goodpaster noted the efforts in the local community, which includes crime prevention, education, and community policing. He referred to administrative support through cooperative efforts among Washington County agencies, which includes a uniform hiring process, consistency in forms (paperwork), and the sharing of information. Mr. Goodpaster said interagency training is also offered. LMCOUNCIL MINUTES -NOVEMBER 13, 2001 Page 1 > BULL MOUNTAIN ANNEXATION STUDY COMMENTS Information about this matter was distributed to City Council. This item will be reviewed at the November 20 and 27 Council meetings. During these meetings, Council will be reviewing and eventually will need to have a policy discussion on whether to proceed with annexatier e::orts on Bull Mountain. > REQUEST FOR NON AGENDA ITEMS (ITEM NO. 13) The following items were noted for discussion during the Non-Agenda portion of the Council meeting: • The League of Oregon Cities and. City/County Insurance Safety Award. • Resolution of Appreciation to Robert J. Wheeler - 30 years of service to the City of Tigard. • Resolution of Appreciation to Robert L. Thompson - 30 years of service to the City of Tigard. > ADMINISTRATIVE iTEMS • Goal-Setting Meeting: City Manager Monahan asked the City Council if January 14 or 21, 2002, were available dates for the City Council to meet in a goal- setting session. At this time, both dates were available to the Council members. Oregon Electric Group Letter - This letter was distributed to the City Council regarding a quote for providing electricity to a tree in Liberty Park for the Holiday Tree Lighting. Meeting recessed: 7:24 p.m. 1. BUSINESS MEETING 1.1 Mayor Griffith called the City Council K Local Contract Review Board to order at 7:36 p.m. 1.2 Roll Call: Mayor Griffith and Councilors Dirksen, Moore, Patton, and Scheckla were present. 1.3 Pledge of Allegiance 1.4 Council Communications & Liaison Reports: None. 1.5 Call to Council and Staff for Non-Agenda Items City Manager Monahan reviewed the non-agenda items to be added to Item No. 13: The League of Oregon Cities and City/County Insurance Safety Award. Y Resolution of Appreciation to Robert Wheeler - 30 years of service Resolution of Appreciation to Robert L. Thompson - 30 years of service COUNCIL MINUTES - NOVEMBER 13, 2001 Page 2 f 2. VISITOR'S AGENDA (Two Minutes or Less, Please) • Tigard High School Student Envoy Nathan Leamy distributed a report to the City Council highlighting activities of students at Tigard High School. • lack Polans, 16000 SW Queen Victoria, King City, Oregon, noted concerns about terrorism. He asked the Mayor and Council to form a separate committee dealing with terrorists. • Tyler Ellenson, Tigard Central Business District Association announced that there will be a holiday tree lighting at Liberty Park from 7-8:30 p.m. on Friday, November 30. He invited the Mayor and Council to attend and say a few words during the program. He advised there is a need for permanent electrical power to the tree at Liberty Park, which will be used for the tree lighting event. Mr. Ellenson referred to a letter from Oregon Electric Group quoting the cost for the electrical work would be $4,949. There is approximately $26,600 remaining in the budget allocated to assist the Tigard downtown area. He requested that funds be authorized to be expended from this budget for the electrical power. Mr. Ellenson described some of the activities planned for the holiday tree lighting event. After brief discussion, consensus of the City Council was to proceed with the expenditure of funds for electrical power as requested. 3. CONSENT AGENDA: Motion by Councilor Scheckla, seconded by Councilor Dirksen, to approve the Consent Agenda as follows: 3.1 Approve Council Minutes for August 28 and September 18, 2001 3.2 Receive and File: a. Council Calendar b. Tentative Agenda 3.3 Appoint Bret A. Johnson as a Tree Board Member and Brooks Gaston as a Tree Board Alternate - Resolution No. 01-67 3.4 Approve City Manager's Recommendations for Representation on the Cooperative Library Advisory Board - Resolution No. 01-68 3.5 Local Contract Review Board a. Award Bid for the Construction of the SW Gaarde Street Pressure Reducing Valve Vault (CIP No. W01-101) to W.G. Moe at Sons COUNCIL MINUTES - NOVEMBER 13, 2001 Page 3 The motion was approved by a unanimous vote of Council present: Mayor Griffith - Yes Councilor Dirksen - Yes Councilor Moore - Yes Councilor Patton - Yes Councilor Scheckla - Yes 4. CONSIDER AMENDMENT TO CHAPTER 5.12 OF THE TIGARD MUNICIPAL CODE PERTAINING TO REGULATION AND ADMINISTRATION OF THE CABLE SYSTEM Assistant to the City Manager Liz Newton presented the staff report, which is on file in the City Recorder's office. The staff report summarized the proposed amendments that would delete details regarding cable franchise selection and administration and add some definitions. Motion by Councilor Moore, seconded by Councilor Patton, to adopt Ordinance No. 01-20. ORDINANCE NO. 01-20 - AN ORDINANCE AMENDING CHAPTER 5.12 OF THE TIGARD MUNICIPAL CODE PERTAINING TO REGULATION AND ADMINISTRATION OF THE CABLE SYSTEM. The motion was approved by a unanimous vote of Council present: Mayor Griffith - Yes Councilor Dirksen - Yes Councilor Moore - Yes Councilor Patton - Yes Councilor Scheckla - Yes 5. INTRODUCE BRET A. JOHNSON AS NEWLY APPOINTED TREE BOARD MEMBER AND BROOKS GASTON AS NEWLY APPOINTED TREE BOARD ALTERNATE Mayor Griffith welcomed Mr. Bret Johnson to the Tree Board. Mr. Brooks Gaston, Tree Board Alternate was unable to attend the meeting. COUNCIL MINUTES - NOVEMBER 13, 2001 Page 4 r y 6. PUBLIC HEARING - CONSIDER AUTHORIZING A LOAN FROM THE SPECIAL PUBLIC WORKS FUND BY ENTERING INTO A LOAN CONTRACT WITH THE OREGON ECONOMIC AND COMMUNITY DEVELOPMENT DEPARTMENT a. Mayor Griffith opened the public hearing. b. Finance Director Craig Prosser presented the staff report. A copy of the written report presented to the City Council is on file with the City Recorder. The issue before the Council was whether the City Council should authorize the City to take out a loan from the Oregon Economic and Community Development Department (OECDD) to finance the Cook Park improvement project over a ten-year period. C. Public Testimony: No one signed in to testify. d. Council Questions/Comments After presenting the Staff Report, Mr. Prosser clarified several items for Council members including the fact that money will be provided to the City of Tigard from this loan on a reimbursement basis. This means the City will need to "front" the costs of the improvements. Because of the loan, the City will be able to complete improvements to Cook Park in 2002. e. Mayor Griffith closed the public hearing. f. Motion by Councilor Moore, seconded by Councilor Scheckla, to adopt Resolution No. 01-68. RESOLUTION NO. 01-68 - A RESOLUTION AUTHORIZING A LOAN FROM THE SPECIAL PUBLIC WORKS FUND BY ENTERING INTO A LOAN CONTRACT WITH THE OREGON ECONOMIC AND COMMUNITY DEVELOPMENT DEPARTMENT. The motion was approved by a unanimous vote of City Council present: Mayor Griffith: Yes Councilor Dirksen: Yes Councilor Moore: Yes Councilor Patton: Yes Councilor Scheckla Yes COUNCIL MINUTES - NOVEMBER 13, 2001 Page 5 7. INFORMATIONAL PUBLIC HEARING - FINALIZE FORMATION OF SANITARY SEWER REIMBURSEMENT DISTRICT NO. 18 ESTABLISHED TO INSTALL SEWERS IN SW WALNUT STREET AND SW 121ST AVENUE a. Mayor Griffith opened the public hearing. b. Project Engineer Greg Berry presented the staff report, which is on file in the City Recorder's office. C. Public Testimony: None. d. Mayor Griffith closed the public hearing. e. Motion by Councilor Moore, seconded by Councilor Patton, to approve the finalization of Sanitary Sewer Reimbursement District No. 18. The motion was approved by a unanimous vote of City Council present: Mayor Griffith: Yes Councilor Dirksen: Yes Councilor Moore: Yes Councilor Patton: Yes Councilor Scheckla Yes Agenda Item No. 9 was heard at this time. 8. REVIEW UPDATE ON FANNO CREEK TRAIL Community Development Director Jim Hendryx introduced this agenda item. Also presenting information to the Council was Associate Planner Duane Roberts and Bob Bothman who is Chair of the Fanno Creek Trail Working Group. Mr. Bothman reviewed a PowerPoint presentation, a copy of which is on file in the City Recorder's office. This presentation illustrated the Fanno Greek Greenway Trail, which is an important in the regional trails and greenways network. After Mr. Bothman's comments, Mr. Roberts presented a PowerPoint presentation, which is on file in the City Recorder's office. 9. REVIEW REPORT ON MAINTENANCE OF MERESTONE POND (SW 121 sT AVENUE) Project Engineer Greg Berry presented the staff report, which is on file in the City Recorder's office. Mr. Berry reviewed the current maintenance program for Merestone Pond. The beaver dam has reached a stable level and is about 1-1/2 foot higher than what been agreed to by property owners; however, this appears to be acceptable to the COUNCIL MINUTES - NOVEMBER 13, 2001 Page 6 owners. The neighbors have been helping on an informal basis, although Public Works has not requested assistance from a neighborhood volunteer group because of safety concerns. It was noted that this dam blocks fish from traveling in the stream, but this is a "natural dam." 10. CONSIDER AMENDMENT TO CHAPTER 11.08 OF THE TIGARD MUNICIPAL CODE (TMC) PERTAINING TO BURGLARY AND ROBBERY ALARM SYSTEMS Police Chief Ron Goodpaster presented the staff report, which is on file in the City Recorder's office. Under consideration were several code amendments in TMC 11.08. Motion by Councilor Dirksen, seconded by Councilor Scheckla, to adopt Ordinance No. 01-21. ORDINANCE NO. 01-21 - AN ORDINANCE AMENDING SECTION 11.08 OF THE TIGARD MUNICIPAL CODE - BURGLARY AND ROBBERY ALARM SYSTEMS The motion was approved by a unanimous vote of City Council present: Mayor Griffith: Yes Councilor Dirksen: Yes Councilor Moore: Yes Councilor Patton: Yes Councilor Scheckla Yes 11. CONSIDER ELIMINATION OF CHAPTER 2.08 OF THE TIGARD MUNICIPAL CODE PERTAINING TO RESIDENCY REQUIREMENTS City Manager Monahan presented the staff report, which is on file in the City Recorder's office. Councilor Scheckla recalled that in 1978 he had sensed on the City Council and, at that time, the majority of Council established the residency requirements for department heads. He noted that he had not been in agreement with the proposal that was adopted in 1978. Consensus of City Council was that this language was antiquated. Motion by Councilor Scheckla, seconded by Councilor Dirksen, to adopt Ordinance No. 01-22. COUNCIL MINUTES - NOVEMBER 13, 2001 Page 7 ORDINANCE NO. 01-22 - AN ORDINANCE DELETING CHAPTER 2.06, RESIDENCY REQUIREMENTS, OF THE TIGARD MUNICIPAL CODE. The motion was approved by a unanimous vote of City Council present: Mayor Griffith: Yes Councilor Dirksen: Yes Councilor Moore: Yes Councilor Patton: Yes Councilor Scheckla Yes 12. COUNCIL LIAISON REPORTS: None. 13. NON AGENDA ITEMS: • League of Oregon Cities-City/County Insurance Services Safety Award. A page entitled "Comments for the Mayor" is on file in the City Recorder's office describing the award bestowed upon the City of Tigard. The City of Tigard was notified of this Gold Medal Safety when awarded at the 761 Annual League of Oregon Cities conference held in Eugene earlier this month. Award winners are determined by the lowest injury frequency rate. This rate is computed by the number of lost-time injuries per 200,000 person hours worked. Tigard's injury- frequency rate was 1.10 for the fiscal year 2000-2001. Over the previous two years, the City received the Silver Award. Congratulations are in order for each and every City employee and their outstanding achievement in maintaining a safe work place. • RESOLUTION NO. 01-69 - A RESOLUTION RECOGNIZING ROBERT (BOB) WHEELER FOR THIRTY YEARS OF SERVICE TO THE CITY OF TIGARD. Motion by Councilor Scheckla, seconded by Councilor Patton, to adopt Resolution No. 01-69. i The motion was approved by a unanimous vote of City Council present: Mayor Griffith: Yes Councilor Dirksen: Yes ' Councilor Moore: Yes Councilor Patton: Yes Councilor Scheckla Yes COUNCIL MINUTES - NOVEMBER 13, 2001 Page 8 Ell li~~li~ • RESOLUTION NO. 01-70 A RESOLUTION RECOGNIZING ROBERT (BOB) L. THOMPSON FOR THIRTY YEARS OF SERVICE TO THE CITY OF TIGARD. Motion by Councilor Patton, seconded by Councilor Dirksen, to adopt Resolution No. 01-70. The motion was approved by a unanimous vote of City Council present: Mayor Griffith: Yes Councilor Dirksen: Yes Councilor Moore: Yes Councilor Patton: Yes Councilor Scheckla Yes • Mayor Griffith announced that there would be a Skateboard Park Task Force meeting on Thursday, 7 p.m. Mayor announced that the Council at this time would be moving its meeting to the Red Rock Creek Conference Room to discuss the remaining Study Session Items and then the Council would be convening into an Executive Session. The Council meeting recessed at 9:10 p.m. Study Session reconvened at 9:15 p.m. STUDY SESSION (Continued) • Council received two memorandums from Clean Water Services dated November 9, 2001, regarding regional water supply issues. These letters are on file in the City Recorder's office. City Manager Monahan noted that Washington County Chair Tom Brian and County Commissioner Roy Rogers have expressed interest in providing water for eastern Washington County through assistance from Clean a Water Services. Mr. Monahan noted that the City of Tigard has a good relationship with the Joint Water Commission and would be cautious in doing anything that might harm the relationship. There is a meeting that will be held on November 27 that has been called by Chair Brian to discuss this matter. Mayor ? Griffith noted that he would be interested in reviewing this proposal only if it could 3 be shown that they (the County and Clean Water Services) would move forward a immediately. Mayor Griffith advised that he would not want any additional studies to be requested. COUNCIL MINUTES - NOVEMBER 13, 2001 Page 9 Pill i Councilor Patton referred to an elected officials meeting that she and Mayor Griffith would attend on November 16, where this matter would be discussed. The County has suggested that Scoggins dam could be raised more than what is currently planned plus they would want to coordinate federal funding. • Council briefly discussed the upcoming National League of Cities conference. Discussion topics included transportation once the conference attendees arrived in Atlanta, some of the conference workshops to be held at the conference, and transportation to the airport. • City Manager Monahan noted that Attorney Ed Sullivan forwarded an e-mail communication requesting two waivers of conflict of interest. A copy of the request is on file in the City Recorder's once. Mr. Monahan noted that Community Development Director Jim Hendryx said he had no concerns with this request. After discussion, Council member agreed the waiver would be granted for Mr. Sullivan to assist these clients through the administrative process. However, the waiver would not be granted if these issues were appealed. • Metro Listening Posts - Information was distributed to the City Council, which is on file with the City Recorder. Listening Posts for the Metro Green Ribbon Committee were scheduled for November 13 and 20 - both these dates are Tuesday nights. City Manager Monahan responded to Metro and informed them that these dates are at the same time the Tigard City Council meets. He requested that Metro make an effort to avoid such conflicts in the future with meetings that would be of interest to the City of Tigard. Mom 14. EXECUTIVE SESSION: The Tigard City Council went into Executive Session at 9:40 p.m. under ORS 192.660 (1) (e) to discuss a real property transaction. 15. ADJOURNMENT: 9:55 p.m. a i Catherine Wheatley, City Recorde Attest: 3 a yo r, City ate: ) I:\ADM\CATHY\CCM\011113. DQC COUNCIL MINUTES - NOVEMBER 13, 2001 Page 10 Page 1 of 1 Before I forget, here is who will have the original affidavit: Janet Hillock, Regional Coordinator, Northwest Team Oregon Economic and Community Development Department 121 SW Salmon, Suite 205 rtland, OR 97204 Heather Block Senior Finance Assistant/ Business Tax Specialist "Failure is the opportunity to begin again, more intelligently.' - Henry Ford G G4 file://C:\WINDOWS\TEMP\GW } 00031.HTM 12/31/01 MIN ~~t`~~SPAPERS a Ngal otice TT 9963_ commWIPHONE (503)684-0360 P.O. BOX 370 BEAVER3TON, OREGON 97075 Legal No4ice AdVef ising m ❑ Tearsheet Notice Tigard O ❑ Duplicate Affidavit ti_ty of Ball Blvd . 13125 Boregon 97223 q~icgard ► payable ACaounts w AFFIDAVIT OF PUBLiCA;IOH SS. St kjE OF OREGON, pUBLI otTtl a~ 443(3) that at 7:30 OF WP►SH1NGtON,) City ORS 285E of COUNN ven pursuant to l of the City the Advertising imes r 13, 2001 the City Counci 13125 SW .R adopt ose and say that 1 am Notice is hereby 8i and eider the 1. sworn, d®P of the " 193.010 p m on Navembe Ch Council Charnbei being first duly al clerk, to OFIS ' t at Tigard y ,iblie hearinS to barrow monies Elam or his princip in the will Tee 3 to hold a p' of Tigard contract Frith 'to Director, aneral circulation as defined Tigard, OR 9722 , in the City ii into a loan a newspaper of 9 F z.nance ct of a resolution aathanz gFund by envetop+?~ent DeP published at that the Special public Works Comm~ry and 193.020; and state; the Ecooormc and Park Expansion project' aforesaid county . was published in the the Oregon of theCookp2~1. successive and finance _e cos sh 3ctober 25. s printed copy of which is hereto annexed, entire issue of said newspaper for_-_0 consecutive in the following issues 25 2001 octobe of ortober.►2001 2 th da oFfICIAL eAt SS me this IN A SURGE Subscribed and sworn t bef TvOTARY~UGOREC•C1N Public for Oregon MISSION MY MAY to, M N ~ My Commission Expires: AFFIDAVIT A '"0, •a Of P°I ih~iCc~tiarl P TT100v:.... purnmell co~o=erac-4, P.U. Box 10127 / Portland, Oregon 97296-0127 / (503) 226-1311 FAX (503) 222-5358 STATE OF OREGON, COUNTY OF MULTNOMAH, ss. I, I.J. CAPLAN, being first duly sworn, depose and say that I am the Manager of the DAILY JOURNAL OF COMMERCE, a newspaper of general circulation in the counties of CLACKAMAS, MULTNOMAH and WASHINGTON as defined by ORS 193.010 and 193.020; published at Portland in the aforesaid County and State; that I know from my personal knowledge that the NOTICE CITY OF TIGARD CITY OF VGARD a printed copy of which is hereto annexed, 28Notice is hereby given pursuant to ORS bar 1 3(3) that at 7;3p PM on Novem- was published in the entire issue of said newspaper for of Tigard will e City Council of the City meet at Tigard City. _Coun- ONE time(s) ciI Cbainbem.,13125 SW Hall Blvd, Tigard, in the following issues: OR, 87223, to.hold a public hearing and consider the adoption of a resolution authorizln the City of Tigard to borrow OCT. 25, 2001 F na nyenteg p~,,edBaF Public ~ Works with the Oregon Economic and Cocontract. mmu- nity Development Department to finance the of the Cook Park Expansion Case NO. Published pot, 25, 2001.. PF8i341t Subscribed and sworn to befo a this 25TH DAY OF OCTOBER, 2001 ~T D CAPLAN Hv P rB,:(' • OHtGON uUMMISSION RE L-L MY COMMISSION EXPIRES SEPT. SEPT. 14, aoag i i i This portion may be detached. DAILY JOURNAL OF COMMERCE ~~T 0 CT 3 L 2Q01 P.O. Box 10127, Portland, Ore. 97296-0127 F CITY OF TIGARD AT_TNt HEATHER 8777 SW BURNHAM TIGARD, OR 97223 Ad. No. PF9134 L J Ilion 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 y: That I posted in the following public and conspicuous places, a copy of Ordinance Number (s) - L - t ` a~- which were adopted at the Council Meeting dated I 1 copy(s) of said ordinance(s) being h reto attache and by reference made a part hereof, on the _ CL day of 1 ?31 , 200- l 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 (~S-2;i ~ 1-x V ~J- ~ Subscribed and sworn to before me this I day of Alb VP m 6 , 2001 Notary Public for Oregon OFFiCAL SEAL GREER A GASTON My Commission Expires: 16 /1) -a3 ' NOTMY PUBUC MOON COMMISSION NO. 327= MY COUA4~~5l~~` EXPIRES OCT. 10, 2003 CITY OF TIGARD, OREGON ORDINANCE NO.01-jQ Q AN ORDINANCE AMENDING CHAPTER 5.12 OF THE TIGARD MUNICIPAL CODE PERTAINING TO REGULATION AND ADMINISTRATION OF THE CABLE SYSTEM WHEREAS, the Tigard City Council has determined that certain sections of the Tigard Municipal Code (TMC) are to be amended so that the TMC is internally consistent and reflects the intent of the Council; and WHEREAS, Chapter 5.12 Cable Communications has not been reviewed or revised since its' adoption in 1979; and WHEREAS, Chapter 5.12 needs revision to add definitions and clarify the city council's authority and powers; and WHEREAS, Chapter 5.12 contains unnecessary language related to the selection of franchise and administration of the sable system ordinance and franchise; NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: Tigard Municipal Code Chapter 5.12 shall be amended as shown attached as Exhibit "All SECTION 2: 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 Unumnnws vote of all Council members present after being read by number and title only, this /-41t, day of ItLDUv~,b~ , 2001. Catherine Wheatley, City Recorde APPROVED: By Tigard City Council this J344-4day of /lJ2yyl,lZfitr_, 2001. Af-jid es E. ' h M r Approved as to form: C Attorney Date ORDINANCE No. 01 ) -0 Page 1 TIGARD MUNICIPAL CODE f Deleted Text j Inserted Text 1 Chapter 5.12 CABLE SYSTEM u Franchisee. Any individual, natural person, sole proprietorship, partnership, Sections: association, or corporation or any other form of enti or orgartization granted a franchise. 5.12010 Short title. O PEG Access. Noncommercial use 5.12020 Definitions. of the system for use hy agencies, institutions, 5.12030 Declaration of powers. organizations, groups, and individuals in the 5.12040 Selection of franchise. community to acquire, create, receive, and 5.12.050 Administration of cable distribute services and signals including but not communications ordinance and limited to public, education, and government use. franchise. 5.12.060 Violation, penalties and remedies. 5.12.030 Declaration of powers. 5.12010 Short title. The city, by and through its council, This chapter shall be known and referred recognizes, declares and establishes its authority m to regulate the development and operation of a to as the Tigard cable syste cable system (hereina ordinance. (Ord. 79-84 §1,1979). (hereinafter "system") for the city and to exercise all powers necessary for that purpose, including, but not 5.12020 Definitions. limited to, the €er-egeing.-following: (a) Cable Ge tieatiens System. (1) To grant by resolution As used in this chapter, "cable communicatie nonexclusive, revocable franchises, licenses, system" or "system" means a system of antennas, contracts or similar agreements for the cables, amplifiers, closed transmission paths and development and operation of a system or associated signal generation, reception, and systems; control equipment, towers, microwave links, cablecasting studios, and any other conductor, (2) To contract, jointly agree or converters, equipment or facilities designed and otherwise provide with other local and regional constructed for the purpose of producing, governments, counties or special districts for the receiving, amplifying, storing, processing, or development, construction, operation, and distributing audio, video, digital or other forms of regulation of a system or systems or franchises electronic or electrical signals. It does not include therefore, notwithstanding the fact that the a facili that does not use public right of way or system extends beyond the boundaries of the city; public land or facilities to serve subscribers. (3) To create local improvement districts (b) Franchise. As used in this for the development or extension of a system, and chapter, the term "franchise" means the non- to provide for the undergrounding of the system exclusive revocable privilege conferred upon a as a local improvement, as that term is now or person, firm or corporation (fr-anr=hisee) by the hereafter defined by Oregon Revised Statutes, city to construct or operate a cable Chapter 223, or city ordinances; Eemmunieatiens system under the terms and provisions of this chapter, whether in the form of (4) To purchase, hire, construct, own, a franchise, license, or similar agreement. (Ord. maintain, and operate or lease a system and to 79-84 §2,1979). acquire property necessary for any such purpose; 5-12-1 Reformatted 1994 TIGARD MUNICIPAL CODE t-A Irent I j Inserted Text 1 (a) In the event that the council finds (5) To administer and regulate and it in the best interests of the city to grant a all facets-ef a system, including but not franchise for a system, the ~ eeedures set fer-t i super-yise limited to: this -e apter sh'ee- f llewed. n ti of the eouneil, the city adwinistr-ate manager or his (A) Consumer complaints, designate shall be directed to prepare a request for proposal (hereafter referred to as an "RFP")_ (B) Disputes among the city, ^ast the. 1100 i s franchisees, and consumers, "(1) -Ixf-ermat3en and- (C) Fair employment L nd4fling practices, ef bid gr-epesals; (D) The dDevelopment, Re egar-d0~b management and control of a government access the develepment, operation and r-egtdafiop-o" ineluding but met limited to the follewft-. channels as well as development of other access system, channels, or contracting for this service. (A) The length, } (E) Rates regulation and r-exew ' and transfer- °F h review of finances for rate adjustments, as €r-anehise, ' ding c^r-""'°""~^ and Y eeive 6W allowed hy federal and state laws and rules, previsierZS; (F) Construction timetables " dese of and standards, the-franchise - e r-i ary and the extension o (G) Modernization of - -(G) The stem technical aspects, design, including channel capaefty, _ ehamracel uses,- aeeess pregrawardng facilities, - - specialized (H) Ensuring adherence to xWes, point to peint , two wa~y federal and state regulations, systerns, and tmder-gfound and above Wound (I) Franchise transfer and installatien ts, transfer of or change of control of ownership, \ Teeh.,ieal Q) Franchise renewal an4f or franchise revocation, H `F`r--Reeerds - and (i) Enforcement of buy-back, r-epeFtina lease back sale or other options to purchase a provi&iHs; and (F) ind ~ eati ^ auger, - (L) Receivership and foreclosure procedures. (Ord. 79-54 §3,1979). (G) °""^sien 5.12040 Selection of franchise. ati expiration of the Fran':" 5-12-2 Rejomatted 1994 TIGARD MUNICIPAL CODE r Dell ed !Fe t j Inserted Text j (3) Qiteria to be used-in evaluating appliewit proposals. The city council shall have the power(s) to carry out any or all of the following functions: The - eil by r elutie m . 0.) Approve the-RF P as It to assist in the analysis of . atte prepesed, er modify or- ether;vise-make am d nt thereto it d (2) Act en a...u aav franchises; (2) Authorize the eitly a trater to ",,e bias for- a system r' nt _ (3) Aet on matters w~laclt-might te-the 1FF' (e) The city eeuneil may employ the assist in the analysis of any matter- relative to the franehisees and publie and pFivate users ef the RFn and t the alu tion of aRy bid. system; (bib) The city council manager or its --(5)--Aet as hearing bear' c°r- all designate shall prepare an evaluation of the bids requests fer rate settings or adjustm % proposals received, and shall submit the evaluation to the council together with any (6) eardinate the cr^nehise recommendations. The evaluation shall be made eens ant sen lees to available to the public for inspection. edueatie "l, ^ m nity group and individual use of the publie char "Is; (c) The council may award a franchise to an applicant only after a public Peter-mine genera pe icy-r-elating to hearing on the application and bid proposal, the service provided subsel-ibers and-tkie notice of which shall be published in a local newspaper of general circulation in the city at ` g the divers"" of pr gfam n least ten days prior to the date of the hearing. All ` b The use F aecess harm serve applicants shall be notified by mail of the public shall ' " ` d on a first first ' eeme, hearing; provided, however, that no defect in the basis, notice or failure to notify shall invalidate the system time, e(*, franchise awarded. (g) Encourage of ae hannels- (f) Ldj No franchise or award thereof amen the widest range ef , shall be deemed final until passage of a resolution and individuals wit`'in the city; containing the terms and conditions thereof. The franchisee shall bear the costs of all publications (9) Submit - annual ""per-` hieh and notices given in connection with the award of eentains, at _ -ter-'~er- of hears minim the franchise. (Ord. 79-84 §4,1979). ` utilization of aeeess Eha els a r-eyie of any plans submitted during the year by a-ffanelaisee 5.12.050 Administration of cable an hewl'_ eemmunieations system . ordinance and franchise. The al r-epeFt `he-fe l wng 5-12-3 Reformatted 1994 OMEN TIGARD MUNICIPAL CODE Deleted Text i Inserted Text j necessary to ensure provision of quality cable services to the citizens of Tigard. (A) Leeal- edueational uses including library, publie and private seheels; 5.12.060 Violation, penalties and remedies. A Public access €er-leeal (a) ":^'-a`:^^ and Penalties O erp ation Without Franchise. Any person €irin or corporation, whether as principal, agent, (E employee or otherwise, violating or causing the (such as fire, police, burglar alarms, and publie violation of any provision of this chapter or performing any of the acts and/or functions itemized under subsection (b) of Section 5.12.020, (D) Channel time use-€er which defines a cable eexmunic-adeas system, television, lease fer pay without having been awarded a franchise to perform said acts or functions pursuant to the 0E) Channel time use for. terms of this chapter shall be deemed to have lease r b midi, committed a class A misdemeanor. Each violation occurring on a separate day is considered a separate violation of this chapter. (F) infer-r-nation retrieval and professional eammundeatiew, (e) (fib Injunctive Relief. Upon authorization by the city council, the city attorney (10) n ct in inter-governmental afters may institute a suit in equity in the Circuit Court r-el ting to systems -•7e of the state or other appropriate court to enjoin and ^ter-^enneetien of systems; the continued violation of any provision of this super-vise chapter. budget . dace fer requested appropriation e (bi Qc Cumulative Remedies. The rights, remedies and penalties provided in this section are cumulative and not mutually exclusive (14411 Review all franchisee records and are in addition to any other rights, remedies required by the franchise and, in the city council's and penalties available to the city under any other discretion, require the preparation and filing of ordinance or law. (Ord. 79-84 §7,1979).® additional information; additional to that require by the fmnehise; ",(Q Conduct evaluations of the system at least every three years with the franchisee, and pursuant thereto, this chapter or the franchise agreement; "2) Pass regulations and procedures necessary to enforce franchises and to clarify terms thereof. (Ord. 79-84 §5,1979). Take any other actions it deems 5-124 Reformatted 1994 CITY OF TIGARD, OREGON ORDINANCE NO. 01- a AN ORDINANCE AMENDING SECTION 11.08 OF THE TIGARD MUNICIPAL CODE - BURGLARY AND ROBBERY ALARM SYSTEMS WHEREAS, Sub section 11.08.030 and 11.08.050 states that the City Recorder issues alarm permits, when in fact the permits are issued by the Alarm Coordinator, and WHEREAS, the length of time allowed for paying of fees assessed for excessive false alarms or for making a written appeal is 3 working days, and WHEREAS, it would be more workable if the length of time were changed to 10 working days for payment of fees assessed and written appeal, and WHEREAS, subsection 11.08.124 of the TMC states that upon the fourth false alarm certified letters will be mailed to the alarm user, the dispatcher and the contact persons named by the alarm user, and WHEREAS, the addresses of contact persons are not maintained in the alarm records, and WHEREAS, sub section 11.08.130 (b) requirement to maintain "statistics having the purpose of assisting alarm system evaluation for use by members of the public" is not feasible; NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: Sub section 11.08.030 and 11.08.050 is amended to change the words City Recorder to Alarm Coordinator. SECTION 2: Sub section 11.08.123 is amended to read " must be submitted to the Chief of Police within 10 working days of fee assessment." SECTION 3: Sub section 11.08.124 (b) (4) and 11.08.130 (b) are deleted. SECTION 4: 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 Uf)CLi'l)MOUS vote of all Council members present after being read by number and title only, this 134:~' day of..+Yt-►M.h~ , 2001. Qiti. Catherine Wheatley, City Recorder ORDINANCE No. 01-p Page 1 APPROVED: By Tigard City Council this /?)Lf) day of D 4 2001. kGri th, ay Approved as to form: Attorney r~//3 Date ORDINANCE No. 01-0? I Page 2 TIGARD MUNICIPAL CODE Chapter 11.08 BURGLARY AND ROBBERY repairing, altering, replacing, moving or installing ALARM SYSTEMS any alarm system or causing to be sold, leased, maintained, serviced, repaired, altered, replaced, Sections- moved or installed any alarm system in or on any building, structure or facility. 11.08.010 Purpose and scope. 11.08.020 Definitions. (b) "Alarm system" means any assembly of 11.08.030 Alarm user permits required. equipment, mechanical or electrical, arranged to 11.08.050 Senior citizens' exemption. signal the occurrence of an illegal entry or other 11.08.060 Charge for failure to obtain or activity requiring urgent attention and to which renew permit. police are expected to respond. 11.08.080 Exemption for governmental political unit. (c) "Alarm user" means the person, firm, 11.08.090 Emergency notification partnership, association, corporation, company or resources person. organization of any kind in control of any 11.08.100 User instructions. building, structure or facility in which an alarm 11.08.110 Automatic dialing device- system is maintained. Certain interconnections prohibited. (d) "Automatic dialing device" means a 11.08.121 Response to alarms. device which is connected to a telephone line and 11.08.123 Excessive false alarms and fee is programmed to select a predetermined assessment. telephone number and transmit by voice message 11.08.124 No response to excessive or code signal an emergency message indicating a alarms. need for emergency response. 11.08.125 Appeal of false alarm. 11.08.130 Confidentiality-Statistics. (e) "Burglary alarm system" means an 11.08.140 Allocation of revenues. alarm system signaling an entry or attempted 11.08.150 Enforcement and penalties. entry into the area protected by the system, inclusive of silent and audible alarm systems. 11.08.010 Purpose and scope. (f) "Coordinator" means the individual (a) The purpose of this chapter is to protect designated by the chief of police to manage and the emergency services of the city from misuse. enforce the provisions of this chapter. (b) This chapter governs burglary and (g) "Dispatch center" is the city facility robbery alarm systems, requires permits, used to receive emergency and general establishes fees, provides for revocation of information from the public. permits, and provides for punishment of violations. (Ord. 82-32 §2, 1982). (h) "False alarm" means an alarm signal eliciting a response by police when a situation 11.08.020 Definitions. requiring a response by the police does not in fact exist. It does not include an alarm signal caused (a) "Alarm business" means the business by by violent conditions or nature or other any individual, partnership, corporation, or other extraordinary circumstances not reasonably entity of selling, leasing, maintaining, servicing, subject to control by the alarm business operator 11-08-1 Reformatted 1994 TIGARD MUNICIPAL. CODE or alarm user. If a residential alarm user is over the age of sixty and/or is physically handicapped and is the (i) "Governmental political unit" means primary resident of the residence and if no any tax-supported public agency. business is conducted in the residence, a user's permit may be obtained from the ei-.y,-r-eeeFdeF's (j} "Interconnect" means to connect an alarm coordinator's office according to Section alarm system including an automatic dialing 11.08.030 without the payment of a fee. (Ord. 82- device to a telephone line, either directly or 32 §4(c), 1982). through a mechanical device that utilizes a telephone, for the purpose of using the telephone 11.08.060 Charge for failure to obtain or line to transmit a message upon the activation of renew permit. the alarm system. A twenty-five dollar charge will be charged (k) "Primary trunk line" means a telephone in addition to the fee provided in Section line serving the dispatch center that is designated 11.08.030 to a user who fails to obtain a permit to receive emergency calls. within sixty days after the effective date of the ordinance codified in this chapter or who is more (1) "Robbery alarm system" means an than sixty days delinquent in renewing a permit. alarm system signaling a robbery or attempted (Ord. 82-32 §4 (d), 1982). robbery. (Ord. 87-73 §2, 1987; Ord. 82-32 §3, 1982). 11.08.080 Exemption for governmental political unit. 11.08.030 Alarm user permits required. An alarm user which is a governmental Every alarm user shall obtain an alarm user political unit shall be subject to this chapter but a permit for each system from the eity r-eeer-der- permit shall be issued without payment of the fee I alarm coordinator from the effective date of the and shall not be subject to revocation or payment ordinance codified in this chapter or prior to use of additional fees or the imposition of any penalty of an alarm system. Users of systems having both provided herein. (Ord.. 82-32 §4(f), 1982). robbery and burglary alarm capabilities shall obtain separate permits for each function. 11.08.090 Emergency notification Application for a burglary or robbery alarm user's resources person. permit and a fifteen-dollar fee shall be filed with the city recorder each year. The fee for a The alarm permittee shall provide the police combination burglary-robbery user's permit shall department with a current updated emergency be twenty-five dollars. Each permit shall bear the notification resources person at all rimes. (Ord. signature of the chief of police, and be for a one- 82-32 §4(g), 1982). year period. The permit shall be kept physically upon the premises using the alarm system, and 11.08.100 User instructions. shall be available for inspection by the chief of police or his representative. (Ord. 82-32 §4(a), (a) Every alarm business selling, leasing or 1982). furnishing to any user an alarm system which is installed on premises located in the city shall 11.08.050 Senior citizens' exemption. furnish the user with instructions that provide information to enable the user to operate the alarm 11-08-2 Reformatted 1994 TIGARD MUNICIPAL CODE system properly and to obtain service for the city thereby requiring an emergency response to alarm system at any time. the location by the police department and the (b) Standard form instructions shall be department does respond, the police personnel on submitted by every alarm business to the chief of the scene of the activated alarm system shall police within sixty days after the effective date of inspect the area protected by the system and shall the ordinance codified in this chapter. If he finds determine whether the emergency response was in such instructions to be incomplete, unclear or fact required as indicated by the alarm system or inadequate, he may require the alarm business to whether the alarm signal was a false alarm. revise the instructions to comply with subsection (a) of this section and then to distribute the (b) If the police department personnel at the revised instructions to its alarm users. (Ord. 82-32 scene of the activated alarm system determine the §5, 1982). alarm to be false, said personnel shall make a report of the false alarm. 11.08.110 Automatic dialing device-- Certain interconnections (c) The chief of police or his designee shall prohibited. have the right to inspect any alarm system on the premises to which response has been made, and (a) It is unlawful for any person to program he may cause an inspection of such system to be an automatic dialing device to select a primary made at any reasonable time thereafter. (Ord. 87- trunk line or any 911 prefix requiring a police 73 §3(Exhibit A(part)), 1987). response; and it is unlawful for an alarm user to fail to disconnect or reprogram an automatic 11.08.123 Excessive false alarms and fee dialing device which is programmed to select a assessment. primary trunk line within twelve hours of receipt of written notice from the Tigard city police (a) If any alarm system produces four false department that it is so programmed. alarms in any calendar year, the chief of police shall provide by certified mail written notice of (b) Within sixty days after the effective date the fact asking the alarm user to take corrective of the ordinance codified in this chapter, all action in regard to false alarms and informing the existing automatic dialing devices programmed to alarm user of the false alarm fee schedule select a primary trunk line shall he reprogrammed provided herein. or disconnected. (b) Alarm users installing a new system or (c) It is unlawful for any person to program making substantial modifications to an existing an automatic dialing device to select any system shall be entitled to a grace period during telephone line assigned to the city; and it is which alarms generated by such system shall be unlawful for an alarm user to fail to disconnect or deemed nonfalse alarms. The grace period shall reprogram such device within twelve hours of cease thirty days after installation of or receipt of written notice from the Tigard police modification to an alarm system. department that an automatic dialing device is so programmed. (Ord. 82-32 §6,1982). (c) Upon any alarm system producing the fifth and sixth false alarm in a calendar year, a fee 11.08.121 Response to alarms. of fifty. dollars per false alarm shall be charged to the alarm user. The following fee schedule shall (a) Whenever an alarm is activated in the be used for each additional alarm: 11-08-3 Reformatted 1994 m-M ME TIGARD MUNICIPAL CODE (1) Seventh and eighth false alarms in (b) After the fourth false alarm within the a calendar year, a fee of seventy-five dollars per permit year there will be no police response to false alarm shall be assessed. subsequent alarms without reinstatement approval of the alarm user by the chief. The coordinator (2) Nine or more false alarms in a shall send a notice of suspension of police calendar year, a fee of one hundred fifty dollars response to: per false alarm shall be assessed. (1) The dispatch center; All fees assessed must be paid to the city finance division or a written appeal must be (2) The chief of police; submitted to the chief of police within three ten and working days of fee assessment. (Ord. 87-73 (3) The alarm user by certified mail;, §3(Exhibit A(part)), 1987). attd 11.08.124 No response to excessive (4) The per-sons listed en the alffm alarms. userls pemait-w: e are be - ntaetea in ease e ° emer-geney, by eet4ified mail. (a) After the second false alarm the coordinator shall send a notification to the alarm (c) The suspension of police response to an user by regular mail which will contain the alarm shall begin ten days after the date of following information: delivery of the notice of suspension of police response to the alarm user unless a written request (1) That the second .false alarm has for hearing has been made as required in Section occurred; 11.08.125. (Ord. 93-13 §1, 1993). (2) That if two more false alarms occur 11.08.125 Appeal of false alarm. within the permit year police officers will not respond to any subsequent alarms without the (a) Any alarm user who has been notified of reinstatement of the alarm user by the chief of a false alarm or assessed a false alarm fee may police; appeal to the chief of police by giving written notice and posting a bond equal to the amount of (3) That the reinstatement of the alarm the fee, if applicable, within three working days of user can only be obtained by the alarm user the invoice assessing such fee. Upon receipt of furnishing written proof of efforts taken to correct the appeal notice and bond, if applicable, a time the false alarms, a finding by the chief that a certain shall be set for a hearing. reasonable effort has been made to correct the false alarms, and payment of all fines assessed by (b) The appellant shall be given reasonable the city for false alarms; notice of such hearing, failure of the appellant to appear at such hearing shall, if applicable, result (4) That the alarm user may appeal the in forfeiture of the appeal bond, and application of validity of a false alarm determination to the chief said bond toward the false alarm fee assessed by of police by giving written notice and posting a the city. bond equal to the amount of the fee, if applicable, within ten days, according to Section 11.08.125. (c) The chief of police or his designee shall 11-08-4 Reformatted 1994 0 y , T'IGARD MUNICIPAL CODE serve as hearings officer. The burden of proof fund revenue of the city of Tigard. (Ord. 82-32 §9, shall be upon the appellant to show by a 1982). preponderance of the evidence that the alarm 11.08.150 Enforcement and penalties. signal in question was not a false alarm as defined in Section 1.1.08.020(h). (a) Violation of this chapter shall be punished upon conviction by a fine of not more (d) After receipt of all relevant evidence, than five hundred dollars. the hearings officer shall, within three working days, render a decision. If the hearings officer (b) The failure or omission to comply with determines that the appellant has met the burden any section of this chapter shall be deemed a of proof, then the hearings officer shall order the violation and may be so prosecuted, subject to the appeal bond released to the appellant and rescind penalty provided in subsection (a) of this section. the false alarm determination. If the hearings (Ord. 82-32 §10, 1982). officer determines that the appellant has not met the burden of proof, then the hearings officer shall order the appeal bond be forfeited and applied toward the alarm fee as assessed by the city and enter such alarm as a false alarm. (e) All decisions made pursuant to this section are final. (Ord. 87-73 §3(Exhibit A(part)), 1987). 11.08.130 Confidentiality--Statistics. (a) All information submitted in compliance with this chapter shall be held in the strictest confidence and shall be deemed a public record exempt from disclosure pursuant to state statute; and any violation of confidentiality shall be deemed a violation of this chapter. The police department shall be charged with the sole responsibility for the maintenance of all records of any kind whatsoever under this chapter. (b) Subjeet to the r-equirements -e went-sha11 deN,elep and maintain statisties having the purpese of a9gisting alafm system eyaltiatien for- use by members ef the publie. (Ord. 82 32 § 8, 19". 11.08.140 Allocation of revenues. All fees, fines and forfeitures of bail collected pursuant to this chapter shall be general 11-08-5 Reformatted 1994 CITY OF TIGARD, OREGON ORDINANCE NO.01- 0a AN ORDINANCE DELETING CHAPTER 2.06, RESIDENCY REQUIREMENTS, OF THE TIGARD MUNICIPAL CODE WHEREAS, Chapter 2.06 of the Tigard Municipal Code requires certain employees to establish residency within the boundaries of Clackamas, Multnomah, and Washington Counties of the state within one hundred twenty days following the end of the probationary period; and WHEREAS the Tigard City Council, upon review of these requirements, has determined there is no benefit to the community to require certain City employees to establish residency in a limited number of adjacent counties. NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: Chapter 2.06 of the Tigard Municipal Code (Exhibit A) is hereby deleted in its entirety. SECTION 2: 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 UllarlMMMS vote of all Council members present after being read by number and title only, this 1.36-1 day of 2001. (i~V-ZnA Catherine Wheatley, City Reco r APPROVED: By Tigard City Council this day of A1e)Lta+-h 1aRA ,e . 2001. f4.& #,I a-- A J es E. Gri th, A proved as to form: ity Attorney ` 11 / Date 0AMIPACKET12MI11131TMC RESIDENCY ORD ADOC ORDINANCE No. 01----Q Page 1 k= i Exhibit A TIGARD+ MUNICIPAL CODE Chapter 2.06 RESIDENCY 1983: Ord. 78-87 §2(part), 1978). REQUIREMENTS. 2.06.040 Sanction. Sections: Failure to establish residency within the 2.06.010 Residency required-Affected required area within the time allowed by this positions. ordinance shall result in immediate termination of 2.06.020 Persons employed as of January employment by the city of Tigard. (Ord. 78-87 17, 1978 not affected. §2(part), 1978).W 2.06.030 Extension of time to comply. 2.06.040 Sanction. I:WDM\PACKET12W11113\TMC RESIDENCY ORD A EXH 2.06.010 Residency required-Affected A.DOC.RTF positions. All persons employed full-time by the city of Tigard in the positions named in this chapter are required to establish permanent residency within the boundaries of Clackamas, Multnomah, and Washington Counties of the state within one hundred twenty days following the end of the probationary period. The affected positions are the following: city administrator, chief of police, community development director, head librarian, finance officer and city recorder. (Ord. 86-11 §4, 1986: Ord. 84-16 §1, 1984: Ord. 83-44 §1, 1983: Ord. 78-87 §2(part), 1978). 2.06.020 Persons employed as of January 17, 1978 not affected. Persons employed in the affected positions on the date this chapter takes effect (January 17, 1979) shall not be required by this chapter to establish residency within the urban growth boundary of the city of Tigard. (Ord. 78-87 §2(part), 1978). 2.06.030 Extension of time to comply. The city council may at its discretion extend the period for compliance with this chapter. Such an extension may be given to any affected employee if that employee has made a demonstrable effort to comply. (Ord. 83-44 §2, 2-06-1 Reformatted 1994 ner~~uw Agenda Item No. 5L-Lj c n Meeting of /:3 -D! MEMORANDUM TO: Honorable Mayor and City Council FROM: Ronald D. Goodpaster Chief of Police DATE: November 2, 2001 SUBJECT: Police Consolidation The purpose of the presentation on Tuesday is to present the results of the recently conducted telephone poll on the issue of consolidating all law enforcement in Washington County and to receive some direction from you regarding this issue. After reading and reviewing the poll results, I am not convinced it supports consolidation; and I look forward to our review and discussion. A copy of the poll results and the most recent news articles regarding this issue are attached for your review. I'm still not convinced that total consolidation is in the best interest of our citizens, the City of Tigard, or public safety. As I have previously advised, my main concerns remain: cost, service and local control. I do believe that it is in all of our best interests to pursue the "Cogan Report" and to do as much as we in law enforcement can in partnering, sharing, and communicating. We have already taken numerous steps towards these goals, and more is being done. I would like to ask the Council for direction on this issue. The telephone calls and media inquiries have begun. I want to make sure I am accurately reflecting your position. If you have any questions or concerns regarding this, please contact me at your convenience. My work number is (503) 639-6168, and my pager number is (503) 796-4899. October 'l8i00 0% 0 ® roe services. poll found ~ e Ttrrte3 ® @ 9 hat tau'gy ogi as and do cousauda-fed ears; eta 110 pt~t of psr agencies su p° molt than erntd thcv'n sil huge co uld hope that those the 0upty's po "'ton's police PO ® This they -l tint do a study +l as a local tawy' of tida- ® survtY tells Yat etgmSP°hce agtn' said "If they i think even » h0 Rap luiasstY, a raember the the ast~ law a tss°G to takt a scrtousla~ W,14 y t `N° i a ant toknow dose answers. fit: lids earn, said a the ast two Wou to s in head ready inion Pinferenct a, do g for the P clear the public oP On isle ballot agenry could be ran OPaa_ countyf whit Itescues ,Tvev 001tiecs moming~ during a press ~°~ValleY .V11th•4 supPflrllVe assOSlattOn Results Ida polled to funds ber of the floated two yarn ago what fire s~ saris COUat1o I 8rNn8alS released this Ci Lib Dole Swat1, a man was idea waS to imPiOVe law Tualso ncey all of the ed by an elected bowd o ill agl(IOCa 9py Beavtn0n s pcputy d the g< A sumlar s study °f ways duties and fu, ~ct is So`~ this, 0, Sal 'n 14 cc~soft directo. e dy 01 the plan police ~cers' s p °to fiord tha °hdati the county fttinded by sbatin8 son'des Cogs cad `fit to do @'e police a ~ so why donL wwill would ask local enforcement effict20W rep~by;V0 nded that a know Wan if o'd wi11m8 ~°t igtioa PL° o~t~ Swan old. Frog ' AMay ulting "tfWeY the pubGe it is a g idea t~ eals Set study to match that ghaiff Tim Sp mays Cogan cooP'~u during sthe U as uch a cent sna for a etndY should to' .'s pay to govcsnm puce chiefs nd Ppssib%VY of s or' Policeagalta a dozen Issues. riscners, worti<mg Massey' ~ aunty a°d ~~t g0 days. if lkyetal tht dined uaon survey says ~a2 po roposal to said thap would built th wotda hke touts woucvi_ ld °.,rd, system..,, g nneev+gtc bno~'sccoss the ~dRlaassml~ylof themk ~auldy,a lo'~. dzpsrl~ A tNashi°gt0°Cous>ri`~ewtdesP Pub sohdahon mC1$mg the police its, with Juv thetue year. Police a8 Cogan Uaoallcadcrs tn' • for a wuntY`M ens 'es ansalidsm epuldhs deuce that benefit county • ~lidation is Outing P the CAg~ . l~vc ban P° U mightbe ope a in avnq County save money and of awdym8 orm0° stave diseuss~ endahons tlonP d or chang into out nenta a the coneePt lots of iaf county a recornm he aai a a oral few of th htand tiativc, dbe a shame SA without the the washingt° out 56 »I think .'Nat's ve btm P t , is I 0*900- for °n found tw a1. » 16JuIY P° `l ~ »I Ud the mi l- valid, SP Police c offd~st dsa this is ar' put to P aa' p inion su Me~8 o ilaw~ °rcm 1tat iuwtr~ 045tas ASSOC edsupP° is $aId out > a study In the neent ublic op taikrA enf ve studY~ , the slice oft uvocy t of the resit` ut doing vis,l;ibbids idtnts from benefit of a comp lenders v nU t M a es t• Abolst39P tatintt bmtlY" efI)andG BuhePs sad a rest hfitm° ,ashtngt°n CA! tYofconsoudanog arnhopefulthatourlo sw iii coopeta . and ibis istrot" .a tbt idea Ua °gicas assn vetton Police n ptt3Po was a p curies to abut 400 ur the p~ibditY a dozen 9~' O az~ °f lysis of the subj » 06 Bea Vith most Pe°ple s1i 04Y funded ° 1t of the poU~ the °fficws to f!m on thought the consoU ~ t area P°h osc,u„es, - Ju1Y llag ciacs Re ohas ergetasked tnOaeY and has city andon couUty 'Plan. The assoa d a step, similar toy reams to handle ~d gsn8s PO 'i"a the P°uibtc a way 00 o wfU1 push oonsatuauY lead the miff s do an ~cg~tions, narc°ac Bishop said "CO"td fa oting eAnsolidatton as j "Ay the ovil wig evo and opts ec agtuoit' de Police boam8e rhat s all siuld, oi]tet arses' int I'm F' If 'f Of 12 P~l or cons°h~16n °f some co>mtY response we do mott4Yes,we c0 a easy, Sav- as W as save money and impron "But whl'aat a°e t u could fi®0 to t ~gashingto d lit V- 4 ~ ut not suit sat( P~ If facels %he co ..Ne PaL 0 > cy;nhavu>S mTtgard policee m~Go P nsot d ro a i t -to W4 Atli YW' fotyto ncemca bow and . ; OMW 03a vabte am ° t tllce aagC°ct once t0~reers wwwas ould cost+ ~ se" the agency would be g°v o ~ g+ i!4 ttd~ io-0 PO county It lie doh dt "tJotil Y we ht O ogle agency and how ow ~ ~ ~ ~ on lto fed cod, " pnatdatt ya, felt a for mr`e'1aw the UW µ7stK y~ fm 8°°41 ~N Yotj t AU• ~A MALLY FT tt ~!4 5TAND bOUP. N , cA. Of ,A ro~ strAIX a e fee- A5'i'~'1 6H t, Jg!►WS tra►DY-A KOLE ~le• erience tjfiONSiNSH twoWockws {itted4ootr+jQl j,et d his 30 jests °f exp Foo f nisi. 7~oelv¢+a foot pnin to txDp`rt'r MAU" se d Dose, a ct Sy hassle out of b µB g t s e~^ownruz~ ,ad cantaccs tAir dvantage of his y P;tOWYA5 . SALL .~.~~~~'j • D ' Us~ vehtS TS, to get you... o A'• on5 fOo .MAVt 1 V f'r ~e~1C.le~C ~re~rrias e ,PATN ierPgic ce. OPINION ® for ger led oace t idea ma)Or tomforcement services. observmg . could be used for Y r That money s or ation projects schools or trap co I was told that citizen rai'i'~`h,issueyo ;r~lor simply retumed to residents in ossi- agencies, y interest in the p and pollee officers liked thing en,,!aAn eicpeer of Wash- rsethe form of lower propertytayes cal leaders don't M ble merg law en- way theYwere. Case closed. Do Y°?'u fQetStr Y ° ex ress Y°li 7' I realm that lo ington County a itten:'douhtd+". encies ple x Submjss+ons shpuld be about 800 word; ortbree t>fp WI, • their sacred-cow ~alshoutdbewrittenexciusiyelytott77+e and messe'nti►ho rock the h fire agency an exam those forcement ag wa+tto.MYTvrn iron °pp~uh+ty' p te ss of spacesf Pa9 MY Turnma came from my involvement on the Hang messed the succe , fortunately, serve hoards for both merger that created Tualatin p(eQpnlanandssublel0ed~tfnq Allsubmfis+onsbecome1 elected and appointed leaders citizen advisory a aYtment the merg thought a 6 only pf 11 Oregon'+anandwillnott vbj used in ,-anY. s me'diilm maybe agencies. U other eay the Beaverton police o P Sher- Valley Fire & Rescue, I pr P ,yzt: Washington County merger might work for law edited and may ;be published o- The that dthe _ similar d a ;SouthwestBureau'7 0iegonxto5039b8 061 Piease thedcnizense nmbl otrthe that an superb agen enforcement I studie qrs office Both are sup age n an d r Parkwaypoft~and t)te:,~4,orsend2fa rifeda around. While I PP e fire cy y there could be obstacles to an L spent a couple of shifts +ne(ude where e cn reach you acr ties th uria reciate ass the board merger of police When 1 was apI knew with crews. agenc+es, the issue is vrorthy of fur pointed, I heard firsthand ac- ther study. .iothing about law erations, here ; rdwement. So I countof how merging law enforcement op I hope that our elected anap- ersuasive fiscal. pointed leaders will Put aside their time with three fire agencies im- mention editorial endorsement), ally proved public safety the county and city gov- are some equ P rovincial political argu- _p T officers, am asking provide the credible sheriff's deputies, and reduced costly fn- erriments to pay for a comprehen argtuneear the cities and county !menus and P on County res MY TARN efficiencies. The fire- slue, credible and impartial study This y end about $60 study that Washingt .9.1-1 operators fi hters, many Will Collectively sp aiid detectives Ronald Massey g had of law enforcement consolidation on for law enforcement serv!dents deserve to see. The taxPaY throughout the whom originally Unfortunately, many of the million officers deserve skeptical about merging, county. It was been a p leaders ices, not a oln mies the of scale, county jati• elimi- ers and police enormously educational to learn were passionate advocates for elected and P enthusiasm and Through en service consolidation. don't share my about police w0 from the people merg cY interest for merging our police nation of redundant services and operational refinements, Wasliuig- lives in Cedar Mill. who work on the e front lines every I polled Washington County's m agencies. could refinements, W conservatively Ronald Massey day, urn of 10 percent an. He can be reached at ronaldgmns- However, I soon learned of nu- police officers nine about the months, ideabut. It in Last week, I read about recent t ton a o minim , percent en sey@iuno.com. cauno.com. , g 12 sees ately fun open- took nearly percent of the closed-door a Qrs ans and among P county offi- nually, or $6 million merous atir•, 12 separately functioningpQ- the end nearly 90 P detectives lice county and said that they cials chiefs, may sod how they that busi- the patrol across o the officers lice bureaucracies. As Zed a , kill who discus nessperson, I reco were interested in merging and could the idea of a police merg- 1 independent Operational structure er before it had a chanceof gaini Igo of these 12 agencies created tie thought the idea deserved further support in the for comm merging Y Police ' mendous inefficiencies redand w study. the Washington County finds support on County, Oct ort cies, interagency conflicts in July, aid MetrolWashingt political machinations. Police Officers Association paid of our local , • o • o o • ' • ` toots Washington County pollster Tim Hibbitts to conduct a 19).Itseems that mmanYdiscrediting 6 • ' , , law enforcement was going Off in public ublic poll agency regarding a countywide leaders would ons with no merger . The results, the notion of a lawe time c study o rpla _ 12 different p lan. It was a ~released last month, indicate sig- merger to taking ' ~ , ~ , • ~ + shared changed shared vision or much in system that hadn t nificant public support for merging it organized more than 50 Waslvngton County's 12 police fiscal incentives i¢~r encies. support of po• Although the No. I reason froorVe ry L0O1 Excursion Lir~ years. When I questioned the police Armed with the olice merger would be to imp chiefs about these inefficiencies lice officers and taxpayers (not to p and the possibility of merging 3M SW THE GREG( • Me tmSouUnrest in AML CerleenQar *w h ft Fa Newspgw deffim Cludlied ads«. » On the wreb......... M.&e mild& IF'S 4pF*ort. r. vo c, :s sc ai:i 7ey tin lo they won't pay to explore'the idea Officers Association paid $10,000 In his arguments for consolida- talk about Massey's efforts . C.4y and county law until proponents of the plan make for the poll conducted in July by ' tion, Massey points to the num- separate year-old study of cc a more specific proposal. They said the Portland firm of Davis, Hibbitts bers; Portland has 529,121 people ation among police departure :enforcement Of flCiads Say county residents are pleased with and McCaig Ina The survey asked and one police bureau; Washing- "There was' absolute and they don't have time or the current structure of 11 city po- 14 questions. Seven were framed ton County has 445,342 people and agreement that no one at the lice departments and one county- with a positive argument for con- 12 police agencies. -had any interest -in studyin• money to study the proposal wide sheriff's office. solidation, five with a negative ar- Massey said he does not know lice' consolidation," Chief L Ron-Massey, 41, of Cedar MM gument and two with a neutral ap- how much money could be saved, Sherre Calouri of the Wash By RYAra FRANK the chief campaigner for Onsoh- proadL how many officers would be County Sheriff's Office wrot T OREGONIAN dation, said one countywide de- . After hearing arguments for and needed or even how consolidation post-meeting e-mail to the 'c BEAVEMN - A private'poll partment would rid taxpayers of against consolidation, 21 percent would take place. That would be administrators. released Thursday shows .tbat a redundant; ineffective and costly . of the 400 people polled said they part of the government study,'he In here-mail, Cal&d a sti 'majority of Washington County police service. strongly favored the idea, 35 per- said. \ a consultant would cost $5i residents favor merging the coun- At a•news conference Thursday cent somewhat favored it, 19 per- Massey, who sits on committees and "no one had the money qs 12 police agencies into one before about 20 police officers and . cent somewhat opposed it, and 20 that advise Beaverton Chief David' that" Portland-sized department news' reporters, Massey unveiled percent strongly opposed it Others. G. Bishop and Spinden, said he Tualatin Mayor Lou Ogde The county's four largest police the poll's results and asked city and refused or did not answer. feels as if he is "pushing water up a "lhere's got to be a reas officers' unions and Sheriff Jim county leaders to "team up to "It's a great idea.that needs to . hill" because city and county ofli- doing it, not just because so Spurdeti support further study of jointly fund a credible and impar- come to pass," said Senior Deputy gals won't listen to his ideas. demands it" the idea:'. 'tial study" bf the merger vAthin Todd Duncan, president of the ' In September, Beaverton Mayor . Drake* called Massey's r But many city and countylead, three months. ' ' ; Washington County Police Officers Rpb Drake organized a meeting of for a government-financed -ers and police chiefs said Thursday The Washington-County Police Association. police chiefs. and city managers to within three months "absurc 7 : t S -7 V, FOR IMMEDIATE RELEASE: WASHINGTON COUNTY RESIDENTS SUPPORT MERGING LAW ENFORCEMENT AGENCIES October 18, 2001 The Washington County Police Officers Association (WGPOA) today released the results of a public opinion poll concerning the issue of merging law enforcement agencies within Washington County. The poll, (conducted by the respected opinion research firm of Davis. Hibbitts, and McCaig) indicates that there is significant public support for the idea of consolidating the 12 different police departments currently operating in Washington County into a single county wide pollee agency. The telephone survey reflects the responses of 400 registered voters in Washington County. The poll was conducted July IIth - 15th and posed a series of questions regarding law enforcement within Oregon's second most populous county. According to pollster Tian Hibbitts, "We crafted the questions to get an accurate reaction from voters after they had heard the pro and con arguments related to the idea of a police merger". The survey reflects the attitudes and opinions of voters all across Oregon's fastest growing county. Nearly Wo-thirds of those surveyed have resided in Washington County for more than 10'years. T - ------0---_.-'~-----V------~- - - This public opinion poll follows on the heals of recent in-house surveys of patrol officers and detectives at the 12 different police agencies within Washington County. "The police offmrs throughout Washington County have known for years that thar&s an unbelievable amount of waste and redundancy In having a dozen different police agencies' says Todd Duncan, President WCPOA. Duncan went on to say that: "Until now, we haven't known for sure how the taxpayers felt about this issue--Ah€s survey tells us that they (the taxpayers) are more than ready to take a serious look at merging police agencies". According to recent In-house polls, nearly 90% of detectives and patrol officers at police agencies throughout Washington County support further study of merging together to create a single agency similar to Tualatin Valley Fire & Rescue (NF&R). Tualatin Valley Fire & Rescue was the result of a multi-agency merger that created what is today Oregon's second largest fire department serving Beaverton, Tigard, Tualatin, Sherwood, King City, Cedar Mill. Aloha, and most recently the cities of West Linn and Oregon City. The survey asked voters a series of questions regarding the issue of merging together Washington County's 12 different police agencies. Here are the final results of the survey- 2 OCT-10-01 THU 01:39 PM "There has been some discussion recently obout merging all of the police departments In Washington County Into one department. Have you heard or read anything about this" YES 21% NO 79°~a "1 would like to read some reasons people .have given for supporting the Idea of merging all of the police department§ In Washington County into one department For each reason I read. please tell me if you think it is a very good, good, poor, or very poor reason to support merging all police departments in Washington County into one police department" • Some 90% of the street polio officers and detectives in Washington County favor merging police departments in the county into one agency. Very good 20% Good 44% Poor 22% Very Poor 8% DKRWRefused 70/6 • This merger would be similar to the one that created Tualatin Valley Fire and Rescue. That merger has worked out very well for the citizens of the county- Very Good 20% Good 56% Poor 93% Very Poor 4% CK/NA/Refused .7% • As the merger takes effect, it will result in cost savings by eliminating duplication of police services. Very Good 30% Good 47% Poor 160/0 Very Poor 5% DK/NA/Refused 4% 3 milli Milo a ' Creating one police department in Washington County would mean that only one department would pay for equipment, training, and recruiting, something that 12 different police agencies are now doing separately- Very Good 34% Good 44°/a Poor 15% Very Poor 5% DWINIAJhefused 3% o A merger of all Washington County police departments into one would allow criminal records, evidence storage, traffic enforcement, and detectives to be placed under one agency, not twelve different agencies. Very Good 360/6 Good 41% Poor 15% Very Poor 6% DKINAfRefused 3% • Residents of cities in Washington County are paying twice for law enforcement for their oily and for the county. Merging police departments would end this practice. Very Good 34% Good 385/a Poor 17% Very Poor 6% DKINA/Refused 5% Merging all Washington County police departments into one should improve police response times in Washington County. Very Good 32% Goad 40% Poor 17% Very Poor 6% DK NA/Refused • pC 8-01 U 6I ' a0 PI dl ' "On the other side of the coin, here are some reasons to.appose merging all police departments in Washington County into one agency. For each reason, please tell me if you think it is a very good, good, per, or very poor reason to oppose merging all police agencies in Washington County into one police department" o Merging all Washington County police departments into one could mean a loss of local control for towns in Washington County Very Good 18°/O Good 33% Poor 3?% Very Door 8% DKINA/Refused 4% o Merging all Washington County police departments into one could create a police union that would be too powerful Very Good 18% Good 23% Poor 42% Very Poor 14% DK/NA/Refused 696 v Merging all police in Washington County could hurt smell cities like North Plains and Banks that might not be able to pay for the same level of polio service: at a higher cost-per-officer. Very Good 1936 Good 37% Poor 25% Very Poor 10% DK/hlA/Refused 10% 5 DCT-18-Oa• 1HU WA.-.4. • Each Police department in Washington County has a different approach to policing tailored to that community's needs. Consolidating all police departments into one agency would cause local communities to lose their local police identity. Very Good 19% Good 34% Poor 31% Very Poor 13% DK/NAIRefused 4% • Merging all police in Washington County into one department could wind sup creating a police department that Is too big and cumbersome to respond effectively to problems. Very Good 19% Good 26% Poor 36% Very Poor 13% DKINA/Refused 6% "Now that you have heard some arguments in favor of, and opposed to merging all police departments In Washington County, would you say that you strongly favor, somewhat favor, somewhat oppose, or strongly oppose the idea?" Strongly Favor 21% Somewhat Favor 36% Somewhat Oppose 19% Strongly Oppose 20% DKINAIRefused M 6 ___Emma OCT- 18-®1 THU 61:4L PM Based on the feedback from taxpayers and police officers across Washington County, The WCPOA W Calling upon the municipal and county governments to fund a credible, impartial, and comprehensive study of the benefits and potential obstacles to merging the 12 police agencies now operating in Washington County. This proposed study, which should begin in no more than 80 days, has already been endorsed by a recent: Oregonian editorial (7/13/01). The Washington County Police O t'icers Association feels that a comprehensive consolidation study would serve as a roadmap for improving Washington County's law enforcement infrastructure, and could also be used to identify areas of financial waste and operational redundancy. The WCPOA strongly believes that wasted taxpayer dollars would be better spent on important community needs (like our schools) or simply returned to county residents in the form of lower property taxes. For Further information contact Ron Massey at (5o3) 287.7473 or (503) 705-9497 7 OCT-13-01 THU 01:42 PM _ About the survey... The Telephone survey was conducted July 14th -15th by the public opinion firm of Davis. Hibbitts & McCaig in Portland. The 400 survey respondents (ail registered voters) were Washington County residents who were categorized as being "most likely" regular voters. Here is a profile of the survey respondents: AGE: 18-34 16% 35-54 45% 55+ 37% Refused 3% YEARS OF RESIDENCY IN WASHINTON COUNTY: Less than 5. years 19% 6-10 years 18% 11-20 years 18% 20 Years or more 46%. GENDER: male. 48`Y0 Female: 52% POLITICAL AFFILIATION: Democrat: 39% Republican 41% Ind J Other 20% AREA: Western VILA Co: 31% Eastern WA Co: 69% 8 pill i No. 13 01 03221p CITY OF TIGRRD PW 503 Gg` 8840 IB-qOV-Oi 02125?N CROU-OR RLEC SSWICE 5055352763 T-185 R.OI/0B "24 P Novunbc>r 9, 2001 ftchtr-RT01 Poat-it• Fax Note 7671 TvAer Tykes Automotive To S~' Jac ~.d A F`Om Tigud, OR COADeg coo. Fax: 503.6204483 Proom 9 rte, 0 Phan: 503=639-5588 Fax 0 i'✓ ix d Re: Cb stmas, Tr= Oregon Electric C3:,ot>m is pleased to submit for your oo*dcration our proposal far providing clectricul io you CFuisf nw Tree. Our propoad is based ou a site vaunt on Novmber 8, 2001. 'Included in this proposal: 1: Fuznish and. Install: a. One (1) now 200 atop 240 volt since phase panel. - , b. One (1) mm 12 pole lighting contactor with photo-cell control to control the ]i&S fi= dusk to dawn. c. Six (6) ciscztits at the prmel below the urns to plug the Cl:ri s lights into. ~{v d. Five (5) circWts on a seal-tight Sex 100 feet ]one to 2. Electrical inspectdons nmd fcvs. Total Quote: S3949 Almonate No.l innall Underground conduit, by boring method to get the power to the panel location using cxis6 ng exterior panel in Cleaner's pwlauga lot Total Add: 58587 1010 Sr- ,117H AVRNUE- PORMAND, OKGON 97214 • (5491234-99D0 a fA X (5031234.1001 . 12626 G A WAY DFM - SE4M, WASHNOTON 98168 • ;206) 835.' 515 a FAX 1206) 8331320 ' \IV Ma' "W ' uc.o. ~P06bYe0iC,ral qr "An Eoual Opportunity C ornpany PM Ki mm" Nov 13 131 03s21p CITY OF TIGARD PW 503 664 8840 P.2 ~3-NOV~O1 3i WO FROt6.OR E.EC SERVICE 5035352763 T-135 P.OZ/33 F°524 Tplacb Atat motive cbrLu acs lialm 21113101 tiOCbsr-It.1'O1 Paso 2 0173 Qualificatiow: a) Existing ovedmad feed is wbat will bo used. Mcc w assuming that the wire is rated at 200 mpa. if c:dsting wire is noc rated at 2d0 amm. now,%im would need to be iastslled. Pavrm"t Ptah: 1. Payment is required within 30 (thirty) days of invoice billing. A finance charge of 1.5 perk Per month may be a3sasscd on any balance owing (Us is an a=ual perceattage rate of 18 percent). 2. Costs for my clams and/or additiom to the origind job scope are due upon camgletioa of the vAut or upon receipt of the invoice billing. 3. All coUeMon rants atxl ar"Licy'a fcca rrquirod to collect monoy past due will be paid by the customer. Warranry Platt: 1. Oregon Elecitic Croup warrants the repair and replacement of equipment and mntctir&. including ttm cost of our labor for carrIxting defect, limited to manufacturer's warranty pfriod to a myalmnm of one year fmm dnrP ,nf ino.III lti em. Please review :his proposal, and pave me a call if you have any questions. Should you d-uose to proceed with the project, please sign the stata 1ent below and rem m m us. We will Thar be calling you to sched ge an electrician at the earliest couvmimco, Thank you for the opportunity of assisting you with this project. RaP y. 6Rob Teague Servke/Small Projects Dept. CCEW 203 11/09/01 17:19 FAX 5038463641 CLEAN WATER SERVICES [i]002 CGleanWater~ Services Our cuuunitment is clear. TO: Washington County Mayors FROM: Tom Brian, Chairman Clean Water Services Board of Directors and Washington County Board of Commissioners DATE: November 9, 2001 SUBJECT: Regional Water Supply Issues - - Meeting Set for Tuesday, November 27, 2001 As usual, I found our October 24 luncheon informative and enjoyable. It was a helpful and productive discussion on our comnturliity's future water needs. I am following up to check that I have correctly interpreted key elements of our discussion, to share some additional thoughts, and to schedule a date to discuss this issue further. The metropolitan region is clearly facing a long-term water supply challenge. As we discussed at our meeting, there are a number of efforts underway that influence the future of water resource management within the Tualatin Watershed and within this region. The future water needs of municipal, agricultural and in-stream uses within our watershed trust be integrated as we continue to look for new water supplies. The importance of integration is greatly magnified by new federal water quality and endangered species act regulations, as well as the water needs of our growing communities. How we meet these challenges will be critical to the continued economic and environmental health of Washington County and our region. As we move forward with this discussion, it is important to consider the following issues: • What is the best way to respond to the needs of our customers, and manage the resource? • How can the integration of water resources management help us balance future water demands and changing environmental regulation? • How do we ensure that our investments in water resource management pay long-term dividends for our eeonamY and our environment? Washington County leaders have a remarkable record of successful collaboration in meeting our community's needs. Whether it is transportation, public safety, environmental-protection or economic development, we have -net many challenges through strong partnerships, mutual trust and candid communication. As we work to meet future water demands, our relationships, as well as our partnerships throughout the regioxi, will be critical to maintaining the vitality of Washington County. We should also be prepared to approach regional issues with the same sense of collaboration that has been key to our successes within this watershed. 155 N First Avenue, Suite 270 a Hillsboro, oregon 97124 Phone: (503) 846-8621 • Fax: (503) 846-3525 • w Arw.cleanwaterservices.org 7-70 11/08/01 17:10 PAX 5056463041 cLEAN WA -Ek SERVICES ~lu03 Per your request, we have scheduled a meeting, as noted below, to further discuss this important issue with you, your City Managers and the Washington County Water Districts. Tuesday, November 27, 2001 7:30 a.mL to 10:30 a.m. (Buffet breakfast to be served) Tualatin Bills Nature Park Interpretive Center 15655 SW Millikan Blvd, Beaverton . Clean Water Services staff wil.1 send an agenda for this meeting and a map to The location prior to November 27. Please RSVP to Beth Regan at (503) 846-4468. 1 hope you can join us. I look fornard to seeing you. cc: Bill Gaffl, Clean Water Services Washington County Commission= Greg DiLoreto, Tualatin Valley Water District Joe Rutledge, Tualatin Valley Irrigation District Washington County City Managers Washington County Water Districts Mayor Judie Hammersta,d, City of Lake Oswego Mayor David Dodds, City of West Linn a 7 11/09/01 17:20 FAX 5038463641 CLEAN WATER SERVICES 0 004 CleanWater Services Ow cummitmrnt is clear. TO: Greg DiLoreto, TualatinValley Water District Joe Rutledge, Tualatin Valley Irrigation District Washington County City Managers Washington County Water Districts Mayor Judie Hammerstad, City of Lake Oswego Mayor David Dodds, City of West Linn FROM: Tom Brian, Chainnan Clean Water Services Board of Directors and Washington County Board of Commissioners DATE: November 9, 2001 SUBJECT: Regional Water Supply Issues Enclosed please find a copy of a memo I am sending to the Washington County Mayors as a follow up to a quarterly lunch meeting we held on October 24, 2001. As stated in the memo, the mayors requested that Clean Water Services organize another meeting for the purpose of continued discussion on regional water supply issues- The meeting is scheduled as follows: Tuesday, November 27, x;001 7:30 a.m. to 10:30 a.m. (Buffet breakfast to be served) Tualatin Hills Nature Park Interpretive Center 15655 SW Millikan Blvd, Beaverton I hope that you will be able to join us for this discussion.;,Please R'S*VP to Beth Regan at Clean + Water Services at (503) 846-4468. s cc: Bill GafTi, Clean Water Services Washington County Board of Commissioners 155 N First Avenue, Suite 270 • Hillsboro, oregor• 97124 Phone: (503) 846-8621 • Fax: (503) 846-3525 a wvrovcleanwaterservices.org MEMORANDUM TO: Honorable Mayor and City Council FROM: Bill Monahan, City Manag - RE: National League of Cities Conference DATE: November 1, 2001 The National League of Cities Conference is scheduled for December 4-8 in Atlanta. I went online to the NLC website and obtained some updated information that may be of interest to you. Following is the information that is now available online at www.nic.org/nlc: 1. MARTA Visitors Pass - It is possible to obtain a MARTA Visitors Pass prior to arrival in Atlanta. Police Chief Ron Goodpaster was in Atlanta a few years ago and recommends the MARTA system. The MARTA system offers a 7-day, 5•-day, or 3-day pass, which will be good during the time that we are in Atlanta. The 7-day pass is $13 and would cover transportation from and to the airport. During the Study Session portion of the November 13 meeting, we will determine which Council members are interested in obtaining a MARTA pass. The materials provided include a map of the system, however, I have not had an opportunity to check on which station is closest to the hotel. 2. Host City Mobile Workshops - A schedule of Mobile Workshops is attached. In prior conferences, the Mobile Workshops have proven to be very informative as they demonstrate successful applications of new technology or problem-solving techniques. Sign up for these workshops takes place during registration. Since Council members will be arriving in Atlanta for pre-conference sessions, there should be plenty of opportunity to sign up for those programs that are of interest. Sign up cannot occur prior to arrival in Atlanta. 3. Celebrate the Olympic Flame - A special event will be held at 8 a.m. on December 4 in the Centennial Olympic Park for the beginning of the 13,500-mile journey of the Olympic Flame. 4. Congress of Cities Concurrent Workshops - The latest revised schedule of workshops that will be held during the conference is attached. These programs are usually first come, first served for attendance. No sign up is Mayor & City Council - Memorandum NLC Conference November 1, 2001 Page 2 required, however, the room size will dictate how many can attend. Since there are several workshops held at one time, it is useful to plan in advance (once we receive the final schedule of workshops when we register on site) so that Tigard participants can cover as many of the interesting programs as possible. As additional information becomes available, i will provide it to you. Attachments I:WDUOILLWLC 11-01.DOC 1 i i i i f Ell Don't Leave Home Without Your sea we tv 'F'h TX A M V is Order by mail or fax and we will send your MARl',~ Visitors Pass . , to you!'I'ake MARTA to and from ~Iareld AirpM your hotel, and the Georgia World Congrem Center. Or er° I Your MARTA/ p. 1 C \.r C•' c r ~ : Order vour MARTA Pass by Mail or FAX to Already in Atlanta for the Make check or money order payable to MARTA.Mail to: MARTA Media Sales, show? You can purchase a Dept. 00083, P.O. Box 530103, Atlanta, GA 30353-0103. To make sure you a■ Visitors Pass at the following receive the Visitors Pass in time for your trip to Atlanta, orders must be received 51 no later than Nov 2, 2001. For more information call 404 848.4446 or 404 848-5501. RNAf3TA locations (Ono-way trip is $1.75)... a IN Airport Station (Cashier) 7-Day Pass Mon. 12/3--Sun. 12/9 $13.00. Per Pass $ 6:30 am-10:30 pm (Mon-Fri) 5-Day Pass 'Ilse. 12/4-,Sat. 1208 $11.00 Per Pass $ 7:30 am-10:30 pm (Sat & Sun) 1 3-Day Pass 'Thur. 12/6-Sat. 1218 $ 9.00 Per Pass $ ® Five Points Station (Cashier) l9 6:30 am 7:30 pm (Mon-Fri) el 7:00 am-5:00 pm (Sat) Order Tgtal S ® Lenox Station (Cashier) Mailing Address for MARTA Visitors Pass 7:00 am 7:00 pm (Mon-Fri) Name Phone Address cra slaw Zip IPAQt red) Charge by Mail (see above for address) or by Fax: 404 NO-4526 "Attn: Media Sales" Indicate charge type: Q VISA O MasterCard ❑ Discovery D American Express For MARTA inlonnation call Credit Card Number. Fxpuation Date: _ 4N 84844M or tflfmitSQmafla.COnl. Name on charge card if different from above (please print) A ym a. Signature (required): am M am ® 01, Its' is tilffill on am we I NJ THE METROPOLITAN ATLANTA Personal Safety RAPID TRANSIT AUTHORITY We take your SAFETY seriously. MARTA has received more than 17 awards by the American Public Transit Association as the 7 ' safest transit system in the NATIONI The MARTA system is a public facility, and like all public 1 ti 1 0 pm ~He of Citi di Uaag US places, patrons should always take the usual precautions. The system uses closed-circuit. 2-way television to monitor each station. AIRPORT DIRECTIONS 8 d~ MARIA police are amid and fully certified. Moro than 90 ® T @~® E E E'~~vv ~e percent of the officers patrol trains and stations. Hartsfield International j Caution The magnetic strip on the Visitors' Pass should be protected at all ; How To Use The RalllSus System p ad''" MARIA c3rpoourttta~on g t _ &I RP®~~ = iBx t j At rail stations, simply insert your Visitors' Pass into the slot in the top front of the fare gate and then Entraa STATION &Eatraace I retrieve it as you walk through the turnstile. i B - _ B ( When riding the bus. slide your Visitors' Pass through aggn~a ( the card readx by the door. No transfer is needed with the Visitor's Pass. i ~ Arrivals ~ MARTA fare is $1.75 without the Visitors' Pass. Fan; South North O gates at rail stations accept exact change, tokens, Terminal ......i Terminal passes, transfers and cash cards. Token machines, i located in each rail station accept $1, $5,$10 and $20 Fills. Change is not provided, but is returned in tokens. To Planes ! If you pay the $1.75 fare and plan to transfer to a bus TieB ® g i after your train ride, press the transfer button on top of the fare gate for a free transfer. Airport Services The MARTA Airport Station is located inside the main MUTA terminal building just a few feet from the baggage claim M MP LM areas. Arriving passengers should follow the signs to Mi°i1O""rp0 W"D.M.a. • rear "Ground Transportation." 010am e is .svr.,..o Baggage storage areas are available on all MARTA trains traveling to and from the Airport Station. AIARTA's Airport Station now has DELTA AIRLINES Ticket w r«i Counter (inside Airport Station) which handles ticketing and « ~0~ .~',.e~ b .64 w. eo. im dr baggage check. This allows you to avold tong lines in the aL n d m VJZVT ~ airport terminal on your return to the airport. aae.-M e 410 MARTA Phone Information . ~„AMft' . esoaa~,.ca Bus/Rail Schedule Info 4041848-4711 n a9e~mroo. Customer Service Center.......... 404/84914800 r... e,..n Elderly/Handicapped 404/848-3452 c...a•v..« . Parldn&7ravel Directions........ 404/848-4711 ft .co xxvet'v"afte«eraw. TTY Service 4o4J848 5665 LM Visitor Pass 404/8481446 Interriet Address http:/twww.itsmarta.com ®R.~... TN MK YOU FOR RING MAKTAI Ell ~MN The National League of Cities Pagel of 3 h 7 Y• Octol home leadership polit'ypegislation pmgtjmm membership [mm-ttw-',em ] newirooom Congress of Cities and Exposition lnsidel+IlU On-Line Registration • Strategic P - • Organizatic Preliminary Conference A Schedule • Staff Contz Conference Workshops ATLANTA r..n.~c..t ron,,,• • Emptoymet Mobile Workshops • Publication Leadership Training • CityNET Institute Seminars Host City Mobile Workshops Exhibitor Information Spouse-Guest Activities QUICkLin1C Program Committee City of Atlanta Wednesday. December 5 City Weekly Atlanta CVB 9:00 a.m. - Noon Celebrate the Olympic SiteSearch Flame Atlanta Community Technology Initiative MARTA Visitors Pass Search Youth and Youth Innovative program to bring "cyber centers" to provide underserved Chaperone Information communities access to technology training. NLCGToup Congressional City Conference Atlanta Development Authority APAMO Your City's Families Showcases several "New Urbanism; "Smart Growth" initiatives Conference comprised of mixed-use retail, commercial, and residential magnets StateLeayt 2002 Leadership Summit for intercity living and revitalization. Events Calendar ALABAMA Future Conferences Search Calendar Hartsfield International Airport Development Program Highlights the short-term and long-range planning, operations and [Calendar Home] management of world's busiest airport (80 million passengers per year) as well the airport's 10-year $5.4 billion expansion program. October, 2001 Sun Mon Tue Wed Thu Fd Sat Urban Design Historic Rehabilitation 1 2 3 4 5 6 Focuses on the creative and adept reuse of older and historic 7 8 9 10 11 12 13 structures in modem development. 14 15 16 17 18 1920 21 22 23 24 25 26 27 Afternoon 28 29 30 31 1:00 p.m. - 4:00 p.m. Atlanta Community Technology Initiative (Repeat) Innovative program to bring "cyber centers" to provide underserved communities access to technology training. ()Copyright 2001 The National League of Cities Atlanta Housing 1301 Pennsylvania Avenue NW g Authority (ANA) Suite 550 Once the lowest ranked housing authority in the nation, AHA Washington, DC 20004 rebounded within a four-year period to receive a perfect score of 100 and the title of best residential authority. ANA displays its NLC Privacy Policy model mixed-income development communities and demonstrates local, federal, public-private partnerships at their best. http://www.nlc.org/nlc-org/site/Conferences/congress-of cities/mobile.c&n 10/31/01 The National League of Cities Page 2 of 3 Combined Sewer Overflow System (Clear Creek Plant) To effectively manage an aging (built 1800's) sewer system and its challenges in an ever-growing region, Atlanta won approval from the U.S. Environmental Protection Agency to implement a $3.4 billion water improvement plan, including the $950 million CSO project. By creating the needed infrastructure to comply with future stormwater requirements, the CSO system will nearly eliminate overflows (from 60 to 4 per year), and ensure that any overflows meet federal standards. Resources Opportunity Center A state-of-the-art central intake service center for homeless persons that provides on-going case management and tracking with 16 government agencies. Thursday. December 6 1:00 p.m. - 4:00 p.m. Atlanta Development Authority (Repeat) Showcases several "New Urbanism," "Smart Growth" initiatives comprised of mixed-use retail, commercial, and residential magnets for intercity living and revitalization. City of Newnan Explores the creation of high-tech communication links in a small suburban town. Newnan provided fiber optic links to all of its residents and businesses. City of Smyrna Demonstrates the vitality of a small city without a central business district. Lindbergh Station/Atlantic Station Provides a look at the planning, development, and funding of the "smart growth" concept of working, living and playing in a walkable community linked by modern transit. Tertiary Waste Water Treatment (R.M. Clayton Plant) Atlanta boasts the largest ultraviolet disinfectant system in the world, which discharges into the Chattahoochee River, a major source of recreational and drinking water in the southeast. Four of Atlanta's plants won national performance awards in 2000. Flay. December 7 1:00 p.m. - 4:00 p.m. Streets and Highways Traffic Control Center Featuring the latest technology in digitaVelectronic mapping and geographical information systems for automobile traffic and emergency management. Water Privatization Explores the challenges and benefits of privatizing municipal service delivery. Hartsfield International Airport Development Program Highlights the short-term and long-range planning, operations and http://www.nlc.org/nlc_org/site/Conferences/congress_of cities/mobile.cfm 10/31/01 The National League of Cities Page 3 of 3 management of world's busiest airport (80 million passengers per year) as well the airport's 10-year $5.4 billion expansion program. City of Decatur Details a plan to develop a vibrant downtown business center in smaller cities. mom http://www.nlc.orgInIc org/site/conferences/congress of cities/mobile.cfm 10131/01 The National League of Cities Page I of 1 111 wstooses m" ® ® Octol 1Ri;;i71ti 1,-,lIditri17 iP PS4ire,t,t -gJi2..Iltif, n riMAJI'JFro Fils°iiI(iiri31111(~ [ ";i''1:~-=•:i• ~ fli`~rd3lC~tlf?i Celebrate the Olympic Flame Congress of Cities and 1tlsideNU Exposition • Strategic P On-Line Registration • Organi Preliminary Conference o t Schedule • Staff Cntc Conference Workshops `6~9 • Employmet SALT LAKE 2002 Mobile Workshops OLYMPIC TORCH RELAY • Publication Leadership Training • Members C Institute Seminars Exhibitor Information Spouse-Guest Activities QuickLink Program Committee On December 4, 2001, the Olympic Flame returns to the United City Weekly City of Atlanta States for the Salt Lake 2002 Olympic Torch Relay. The Salt Lake Atlanta CVB Organizing Committee for the 2002 Olympic Winter Games, Celebrate the Olympic Atlanta's Mayor Bill Campbell and Salt Lake City Mayor Rocky SiteSearch Flame Anderson invite you to experience the power of inspiration by MARTA Visitors Pass participating in a special ceremony in Atlanta, Georgia. Search Youth and Youth Chaperone Information NLCGroup Congressional City Please join us at 8:00 a.m. on December 4 in Centennial Olympic Conference Park, near the Georgia World Congress Center, site of the National APAMO Your City's Families League of Cities' Congress of Cities. A VIP tent and special Conference reserved seating will be available gfor you to enjoy the Torch Relay 2002 Leadership Summit launch. $tateLt':tgl Events Calendar ALABAMA Future Conferences Search Calendar After this historic ceremony at Centennial Olympic Park, the flame begins a 13,500-mile journey that will unite millions of people through the Olympic Movement. On February 8, 2002, the last (c)Copyright 2001 runner will light the Cauldron at Rice-Eccles Olympic Stadium, The National League of Cities beginning the Salt Lake 2002 Olympic Winter Games. 1301 Pennsylvania Avenue NW Suite 550 Washington, DC 20004 The Olympic Flame travels through 49 states on its 65-day journey. NLC Privacy Policy Along the way, the Torch Relay will visit 65 towns and cities where your community spirit will be shared by thousands celebrating the Olympic ideals of unity and peace. ♦ ~ r r r r r~ ►r r ♦ ♦ r http://www.nlc.org/nlc_org/site/conferences/congress_of cities/olympic_flame.cfm 10/30/01 The National League of Cities Page 1 of 8 ® Octol home leadership pOicypegiislation programs membership [ L'T~~iS iflY~ 5~t~?'~ ] r+ewsreom F_ Congress of Cities Congress of Cities and Concurrent Workshops (Revised 10/26) lnsideNI) Exposition On-Line Registration Strategic P Preliminary Conference - Organizati[ Schedule Thursday. December 6 • Staff Conte Conference Workshops 1:00 p.m. - 2:30 p.m. - Employmei Mobile Workshops - Publication Leadership Training Developing ASuccessful Stormwater Program, Part I - CityNEf Institute Seminars Exhibitor Information In March 2002, new federa! requirements to control pollutants in Spouse-Guest Activities runoff from municipal separate storm sewer systems will go into QuickUnk Program Committee effect. This two-part workshops will provide: Part 1: critical City Weekly City of Atlanta background information for establishing a Stormwater Phase 11 Atlanta CVB program including sample ordinances and actual cost information Celebrate the Olympic (developed from Phase I programs and the National Association of SiteSearch Flame Flood and Stormwater Management Agency's [NAFSMA] survey of MARTA Visitors Pass Phase II communities); and Part II: what needs to be done; when Search Youth and Youth does it need to be implemented; what is the best and most cost- Chaperone Information effective way to move forward. NLCGrou Congressional City y p Conference APAMO Your City's Families Developing Effective Relationships with the Media Conference A good relationship with the media is part of your success as a local Sta$etea 2002 Leadership summit leader. A panel of journalists will discuss tactics and ways to 9t Events Calendar facilitate a successful relationship with the media as well as proper ALABAMA Future Conferences preparation and good communication skills to get your message Search Calendar out. [Calendar Home] Helping Working Families: The Key Role of City-Led Outreach Campaigns October, 2001 Panelists will discuss how municipal officials can initiate city-led Sun Mon Tue Wed Thu Fri Sat outreach campaigns to help low-income working families receive 1 2 3 4 5 6 federal and state benefits, such as tax credits, food stamps or free i 7 s 9 10 11 12 13 and low-cost health insurance. 14 15 16 17 18 1920 21 22 23 24 25 26 27 Leadership in Education: A Link to Your City's Quality of Life a Zs 2s 30 31 This workshop will look at the roles city leaders can play in education and how city leaders are exercising political leadership to improve schools in their communities. 3 Successful Living Communities and Front-Porch Neighborhoods (c)Copyright 2001 What is The New Urbanism and how can a focus on "walkable" The National League of Cities 1301 Pennsylvania Avenue e NW , front-porch neighborhoods influence the shaping of a communitY? ` Suite 550 This workshop will provide examples of how some cities have Washington, Dc 20004 created well-designed living communities that have mixed-use NLC Privacy Policy buildings as well as access to social service support networks. Sustainable Development in Practice http://www.nic.orglnlc_org/site/Conferences/congress-of cities/conference_workshops.cfin 10/31/01 The National League of Cities Page ? of 8 Whether it's called sustainable development, livability, or smart growth, city officials get to grapple with the details. Learn about successful innovations in land use and explore the key roles of city officials. Technology Leadership: Not Just for "Techies" Anymore Cities are constantly searching for ways to improve services. Local governments feel the greatest pressure to improve responsiveness to citizen concerns, enhance services. and delivery, and streamline operations. This workshop explores how to develop strategies that leverage advances in technology to improve internal government operations and provide timely and efficient services that respond to the needs of constituents: The Future of Public Finance The workshop examines challenges to the future of public finance, including the mismatch between revenue systems and economic growth, and the demand for new municipal services. The Modern Rights Movement Atlanta is one of the first cities to have laws providing for domestic partnership insurance coverage and to include gender distinction in its contracting code. This workshop will address personnel, legal, and legislative developments, regarding new gender definition and discrimination issues. This workshop is co-sponsored by the City of Atlanta and Gay, Lesbian, and Bi-sexual Local Officials (GLBLO) constituency group. Town and Gown for Downtown: How Universities and Cities Cooperate for Downtown Renewal See what the city of Moscow has done in its effort to provide for both the university community and its constituents, and what you as a city official can do. Afternoon Workshops 3:00 p.m. - 4:30 p.m. Affirmative Action Backlash in Education Affirmative action in higher education is being eroded by a well- meaning attempt to achieve fairness in admissions. Learn about the unintended consequences of creating an "even" playing field in racial relations on campuses. Census: Understanding and Servicing Emerging Communities This workshop will offer innovative ideas to local elected officials who want to learn how to meet the needs of a changing population. Education, health care, and the needs of non-traditional families are just some of the challenges cities are facing as their constituents are growing in numbers. Community Policing: Best Practices AII This workshop will offer solutions and best practices to fighting crime in small, medium and large cites across America. This workshop will also explore altemative ways and programs to fight crime at the grassroots level. Developing A Successful Stormwater Program, Part 11 This workshop will provide a discourse on stormwater program http://www.nlc.org/nlc_org/site/Conferences/congress-of cities/conference workshops.cf n 10/31/01 The National League of Cities Page 3 of g elements - what needs to be done; when does it need to be implemented; what is the best and most cost-effective way to move forward. Please refer to Part I description on Thursday. E-Government Promises and Pitfalls: Understand the E- Government Revolution Constituents shop, plan their vacations, do their banking, and find jobs on the Internet. Constituents also want to interact with government agencies. The rise of e-government is officially underway, and local governments are engaged in a rapid process of understanding what it means to communicate and conduct business with constituencies online. Learn what e-government is and is not, and how it may provide your city with an opportunity to assume a new customer orientation in providing information, and services to citizens and businesses. Election Laws and Voting Rights - The Legacy of Bush v. Gore for America's Cities This workshop will address the potential impact of the Bush v. Gore election on locally controlled elections. Panelists will discuss the constitutional implications, as well as the administrative and pragmatic issues raised by the Bush v. Gore decision following the November 2000 elections. Innovations in Affordable Housing In many cities, teachers, municipal employees, police officers, and firefighters often cannot afford to live where they work. Local leaders will share strategies to foster home buying, and renting in our cities to benefit public employees and other working families. Investing in the Now Economy: Bringing Business and Opportunity to Your City Knowledge economy workers? High-tech hot spots? What can your city do to tap into the New Economy and attract investment? This workshop will provide recommendations to incubate technology businesses in partnership with local colleges and universities; establish one-stop capital shops to provide technical assistance and access to potential funding sources; and develop local economic development strategies that reflect your community's vision to attract employees and employers grounded in the New Knowledge Economy. Municipal Leadership to Support Early Childhood Development This workshop will cover a range of municipal strategies - from improving access to quality childcare to promoting parent education campaigns - to ensure that children enter school ready to learn. Taking Charge: Cities Investing in Their Energy Cities and towns across the country are facing emerging energy issues. Population growth, increase in workforce, and an overall increase in dependence on this utility are key factors forcing municipal officials to rethink their strategies for addressing these energy issues. "Municipalization" of energy can provide an opportunity for municipalities to make better use of conservation efforts and investment in the infrastructure necessary to deliver energy service to constituents. This workshop will offer options and alternatives to local governments and consumers. Responding to Terrorism and Disasters: Technology as a Public Safety Tool From the use of security cameras in public spaces to computers in http://www.nlc.org/nic_org/site/conferences/congress_of cities/conference workshops.cfin 10/31/01 The National League of Cities Page 4 of 8 patrol cars to community emergency notification systems, cities are using technological advancements for public safety purposes. This workshop will address the complexities of public safety technologies, applications, and the significant public benefits attainable through the use of these technologies to solve local public safety problems. Kiss, Sow or Shake Hands: Protocol for City Leaders 3:00 p.m. - 5:00 p.m. Elected officials are global ambassadors and the key figures in strengthening cultural, educational, and commercial relationships on the international stage. This workshop will explore the specific rules and the fundamental principles of protocol. Friday Morning. December 7 10:45 a.m. - Noon Faces of Discrimination Our nation's cities and towns are still faced with race-based discrimination despite the many efforts of citizens, organizations, and our leaders. Local elected officials will learn how they can enforce equal treatment and protect the rights of their citizens through legislation, education, and participation. Making Safe and Smart Decisions for Your Children: Supporting a City-wide After-school Program This workshop will help cities define a vision for launching their own efforts to improve the quality of after-school programs in their communities. Panelists will discuss tips on how to form collaborations to increase the numbers of after-school programs in your communities. Municipal Hiring: Marketing Your City to Potential Employees This workshop will give municipal officials practical advice on how to vie for sought-after employees, as well as provide examples of human resource policies that have proven effective in securing a first-rate workforce. Privacy and Security Policy Issues in the Digital Age A constituent a-mails you at home. Is that e-mail a public record? Your city can track how many times a resident visits your city's web site. What do you do with that information? Your city's web site has become an attractive target for hackers. How can you be sure that your web site is secure? How can you be sure your Internet transactions are safe? This non-technical workshop will explore some of the emerging privacy and security issues facing local governments and highlight the role of elected officials in developing Internet policy using "best practices" models. Technology Skills for a Competitive Workforce The high-technology information economy demands skills more sophisticated than the ability to point and click a computer mouse. This workshop will explore the public and private resources that are available to provide job training that leads to employment in high- tech companies. The ABC's of a Community-Wide School Safety Plan Any strategy to combat school violence must be a comprehensive and coordinated effort between schools, communities, businesses, and local elected officials. This workshop will identify strategies and http://www.nlc.org/nlc_org/site/Conferences/Congress-of cities/conference workshops.c&n 10/31/01 • The National League of Cities Page 5 of 8 resources related to combating school violence. Friday. Mid-Afternoon 1:30 p.m. - 3:00 p.m. Downtown Revitalization: Is It for Your Community? Downtowns are making a comeback across the countryl Learn about creative ideas and funding methods tried and tested in other communities. Financial Reporting and Public Accountability Being a public servant carries responsibilities not only to your local constituents, but to grantors and underwriters of municipal finance as well. New accounting standards established by the Governmental Accounting Standards Board (GASB) could affect your city's ability to obtain federal grants and other tax-exempt financing. Learn how cities are implementing this standard to improve financial reporting, creditworthiness, management, and public awareness of city fiscal conditions. How to Balance Your Political, Professional, and Personal Life This workshop will offer tips and strategies for balancing the competing priorities of the professional, personal, and political lives of municipal officials. Increasing Economic Opportunity for Low-Income Residents and What Cities Can Do As families across the country face the loss of welfare assistance and low-wage workers, cities continue to struggle with poverty, and municipal leaders are seeking new ways to increase economic opportunities for these residents. This workshop will provide practical information on overcoming implementation challenges and producing successful strategies for families and employers. Making the Most of E-Government: Assessing Your City's Readiness The growing desire of cities and towns to provide e-government services, coupled with the growth of technology companies in the e- government market, can lead to confusion as you explore your e- government options. Are you ready for e-government? Do you have an e-government strategy? What applications and services may be right for your city? This workshop will identify the policy and technology issues around e-govemment and offer practical suggestions on assessing your e-government "readiness." Managing the Cost of Employee Health Benefits Health benefits costs are out of control and there is no relief in sight. This workshop will help public officials understand why health benefits continue to increase in cost, and explain the latest strategies to help control the cost for employers and employees. Public/Private Partnerships: The Right Option for Providing Drinking Water and Wastewater Services Municipal officials bear the responsibility for providing their citizens with safe drinking water and effectively managing the city's wastewater discharges. This workshop will examine the options involved in "privatization" and "outsourcing." Panelists will provide viewpoints on the pros and cons of this issue. Racism: 'The Cause, The Effect, The Cure" Racism affects our social, economic, and educational systems. This http://www.nlc.orgInIc-org/site/conferencestcongress-of cities/conference workshops.ef n 10/31/01 The National League of Cities Page 6 of 8 . workshop will give local elected officials and youth an opportunity to gain a clearer understanding of racism-its cause, its effect, and its cure. Setting Leadership Priorities in State and Local Government Relations This workshop will explore the collaborative efforts of local leaders addressing issues of regional importance, such as transportation and economic development. Surviving an Attack: How American Cities' Can Develop a Terrorism Preparedness Plan Recent attacks on the World Trade Center and the Pentagon have forced local governments to reassess the effectiveness of their counter-terrorism strategies, overall disaster preparedness and emergency response plans. This workshop consists of panelists with varied background in law enforcement, victim recovery, and other expertise to assist local government leaders in implementing an effective counter-terrorism plan. The Costs of Borrowing: Municipal Bonds 101 Increased regulations and underwriting standards have placed new boundaries on the scope of municipal finance. What capital improvement projects are tax-exempt? What factors determine creditworthiness for cities? What new rules could be imposed by the Internal Revenue Service? This workshop will explore how to manage these issues. Late Afternoon 3:30 p.m. - 5:00 p.m. DNA: Privacy and Security Concerns Learn why DNA testing has become one of the most controversial ethical issues facing our communities today. Hear what is being done to address citizens' privacy and security concerns and to prevent the misuse of genetic fingerprinting. National Fire Protection Association: An Update The Standards Council of the National Fire Protection Association voted to proceed with the issuance of standards that would increase the staffing requirements for career fire and EMS departments, as well as for volunteer operations. How will these new standards impact municipal budgets and finances? What are the liability implications? Redistricting: Gaining and Retaining Political Clout in a Changing District Every ten years the country goes through the political mechanizations of redrawing the political districts. While the protection of incumbents is the paramount concern, there is some uneasiness as to how to redraw districts without running afoul of the Constitutional limits. This workshop will examine some of the key issues considered in the redistricting process and how they impact the quest for political clout and gains. Saturday. December 8 10:30 a.m. -12:15 p.m. Erasing Color Lines: Youth Perspectives on Race Relations http://www.nlc.org/nlc~_org/,site/conferences/congress-of cities/conference workshops.cfm 10/31/01 • The National League of Cities Page 7 of 8 A panel of youth will discuss race relations from their perspective and offer local elected officials insight into their daily racial pressures and how they can work together to address them. Topics include media influence, peer pressure, integration, and more. Health Care Delivery - Creative Ways to Increase Access Explore innovative ways to optimize health care delivery for your citizens through city programs or public/private partnerships. Initiatives will include programs to help people fill out insurance applications to mobile health screening facilities to setting up clinics in public buildings. Implications for the Growing Latino Population Education, health, employment, and law.enforcement are issues faced by every community. Are these issues more problematic in the Latino community? This workshop will focus on issues facing the Latino community. International Trade Agreements and the Impact on Cities How do international trade agreements impact municipalities? What are some of the implications of NAFTA, WTO and FTAA for local initiatives and sovereignty? This workshop will reveal some of the opportunities and threats that global negotiations and trade liberalization present for America's cities. AM, Making the Most of Your City's Web Page Does your city have a website? Is it all that you want or expect it to be? City officials will offer insights on their Websites, focus on the basics of developing an initial plan for the site, identifying the costs of managing and maintaining the site, evaluate its impact and make it a more interactive tool for providing access to government information and services. Learn how to "untangle" the web and achieve the.benefits and opportunities of having an effective and citizen-friendly Internet presence. Local 911 Systems: On Hold? In the wake of the recent terrorists attacks in New York, Pennsylvania, and Washington, local elected officials across the nation are examining the status and future of their cities' 911 emergency services. Come to this workshop session and learn about 911 issues such as wireless interoperability for first responders, leveraging finance dollars, and public-private partnerships. Amill Tracing Diversity from the Beginning This workshop will explore how communities of all sizes can i capitalize on their historical roots. This workshop will also examine ways municipalities can tap into the diverse background of the i people who were part of the history of the city to improve their tourism industry, their public relations, as well as their human relation services. Traffic Management In an Emergency This workshop will survey some of our cities transportation safety plans and explore new and inexpensive ways to improve the streets for America's drivers and pedestrians during emergency situations. Note: All workshops are subject to change. Please refer to your on- site conference program for current workshop information. http://www.nlc.org/nlc_org/site/conferences/congress_of cities/conference_workshops.cfin 10/31/01 The National League of Cities Page 8 of 8 designates workshops of particular interest to officials from small cities. http://www.nlc.org/nlc_org/site/conferences/congress-of cities/oonference workshops.cfin 10/31/01 Page 1 of 1 Bill: I am sending this request to both of your e-mail addresses to make sure the messages get to you in a timely way. I request waivers of conflicts on two matters. Andrews Management is our client and has plans to build 70 apartments homes located on Bull Mt. Rd. This is an addition to the 126 units already built on this site. Andrews' problem relates to the trees that have to be removed. Their mitigation cost is approx. $84,000. This is based on paying the city $125 per caliper inch to replace. The company has a property on Tigard Street, in the Tigard Industrial Park. There is a one acre piece of land that we have spoken to Duane Roberts at the city about. This land is in the flood plain. We would propose to either donate this land to the city in lieu of the mitigation, or to use the land to plant trees on for the mitigation. Andrews would like me to speak to the City about this possibility. The second issue is one involving our client, Principal Life Insurance Co., which is the lessee of property bounded by Scholls Ferry, Highway 217 and Nimbus Road. The Company is engaged in litigation with the Robinson family, which is the fee owner. I understand it has secured design review approval to remove some existing buildings and to replace them with two 6 story office buildings, although there is a problem with the way the height limit for this area (Washington Square Plan) was adopted. Principal may need more time to complete its work in this area and may need relief from existing height and time limits. I know very little about this case, as I have not seen any portions of the file. Please let me know if the City will waive the conflicts on these two matters. I propose, consistent with our practice with the City, to request a waiver only as far as a final City decision is concerned and, if any further legal participation were required, to request a further waiver at that time. Thank you for your consideration. Ed Sullivan file://C:\WINDOWS\TEMP\GW) 00003.HTM 11/13/01 Mr. Monahan, Thank you for your comments. We appreciate your efforts, and I will pass this email on to the Councilors and the communications professionals here at Metro. If you have any other concerns or questions regarding the Green Ribbon Committee and their recommendations, please feel free to contact me. Thank you. Kim Bardes Outreach Assistant Metro Council Office 503-797-1537 "Bill Monahan" <BILL@ci.tigard.or.us> 11/12/01 01:35PM Tiigard's city council meets at the time of both of your listening posts. Please pass on to Mr. Bragdon and the Metro council that for the past several years Tigard has expressed concern on numerous occasions that many opportunities for public participation at the Metro level seem to routinely fall on Tuesday evenings. Simply varying your schedule so that no more than one of your 2 or 3 meetings in a series are held on a Tuesday would be fairer to those who hold their meetings on Tuesdays. In addition, almost without fail, Metro meetings that affect east Washington County are scheduled on Tuesdays. Thus, when Metro has scheduled a series of meetings in the past, we have noticed that the Tigard or Beaverton based meetings usually conflict with Tigard council meetings. Please make an effort to avoid these conflicts in the future. Thank you. Bill Monahan City Manager (503) 639-4171, ext 306 bill @ ci_t iga rd. or. u s <bardes@metro.dst.or.us> 11/09/01 07:16AM Metro holds "listening post" meetings for future regional parks and trails In July, Metro Council formed a Green Ribbon Committee made up of 16 citizen representatives, local park providers and elected officials to help select the first Metro regional park and trail projects for public use. The selected properties are among nearly 7,500 acres of land recently acquired with funds from the Open Spaces Parks and Streams bond measure of 1995. The committee will deliver their final recommendation to Metro Council at the beginning of December. You're invited to attend a "listening post" meeting to learn more about the work of the Green Ribbon Committee and provide comments about the preliminary recommendations: Tuesday, Nov. 13 5:30 to 7p.m. Tualatin Hills Nature Center, 15655 SW Millikan Way, Beaverton Transit info: take Westside Max or Tri-Met bus #67 (Jenkins/158th) Tuesday, Nov. 20 5:30 to 7p.m. CREST Learning Center, 11495 SW Wilsonville Rd., Wilsonville Transit info: From Portland, take SMART Route No. 201 from the Barbur Transit Center to Wilsonville City Hall, transfer to the Route No. 204, west to the CREST Learning Center. Please see the attached document for more information about the committee's recommendations and a list of the recommended projects. For more information, call the Metro Council Outreach Office at (503) 797-1942, e-mail to donovanj@metro.dst.or.us or visit Metro's web site at www.metro-region.org. End of message file://C:\WINDOWS\TEMP\GW)00003.HTM 11/13/01 Agenda Item No. n Meeting of MEMORANDUM TO: Honorable Mayor and City Council FROM: Ronald D. Goodpaster Chief of Police DATE: November 2, 2001 SUBJECT: Police Consolidation The purpose of the presentation on Tuesday is to present the results of the recently conducted telephone poll on the issue of consolidating all law enforcement in Washington County and to receive some direction from you regarding this issue. After reading and reviewing the poll results, I am not convinced it supports consolidation; and I look forward to our review and discussion. A copy of the poll results and the most recent news articles regarding this issue are attached for your review. I'm still not convinced that total consolidation is in the best interest of our citizens, the City of Tigard, or public safety. As I have previously advised, my main concerns remain: cost, service and local control. do believe that it is in all of our best interests to pursue the "Cogan Report" and to do as much as we in law enforcement can in partnering, sharing, and communicating. We have already taken numerous steps towards these goals, and more is being done. I would like to ask the Council for direction on this issue. The telephone calls and media inquiries have begun. I want to make sure I am accurately reflecting your position. If you have any questions or concerns regarding this, please contact me at your convenience. My work number is (503) 639-6168, and my pager number is (503) 796-4899. r Mill f TT to The Times October 18, 2001 n A5 P 11 -a -a wi a c list e Polls U ® ce consolidation s me. of F With'a supportive survey in hand, a issue. This survey tells us that they are more than emed. improve services. countywide police officers association ready to take a serious look at merging police agen- "I think they're all huge concerns," Goodpaster That survey came after a similar poll found that ill ask focal governments to fund a cres ° said. "If they do a study, I would hope that those 90 percent of patrol officers and detectives in all of Results of the public opinion poll will be would be addressed. I think even as a local taxpay- the county's police agencies supported consolida- dy of the plan released this morning during a press conference at er, I'd want to know those answers." tion. Beaverton City Library. Ron Massey, a member of Beaverton's police Sheriff's Deputy Dale Swall, a member of the On the ballot advisory board who has spearheaded the consolida- N HARDEN police officers' association, said the group was tion effort for the past two years, said a single law the Times willing to put up S10,000 to fund the consolidation A similar idea was floated two years ago when enforcement agency could be run similar to the study. The association probably would ask local the county funded a study of ways to improve law Tudatin Valley Fire and Rescue, which operates A new opinion survey says that a proposal to governments to match that amount, Swall said. enforcement efficiency by sharing some duties and nearly all of the fire stations across the county. The Washington County's 12 police depart- Several Police chiefs and Sheriff Jim Spinden programs. A May 2000 report by Portland's Cogan fire district is governed by an elected board of into one agency could have widespread pub- said they would consider the possibility of a con- Owcns Cogan consulting firm recommended that directors. c support solidation study, but they would like to see evi- police agencies cooperate during the next five years "We know the police officers want to do this, A mid-July poll for the Washington County dence that merging the police departments would on more than a dozen issues, such as a central and the public wants to do this, so why don't we olice Officers Association found that about 56 save money and benefit county residents. records system, transporting prisoners, working pay for a study to see if it is a good idea that will of residents surveyed supported the consul- "I think the concept of studying consolidation is with juveniles and using new technology. work," Massey sail on idea About 39 percent of the residents said valid, Spinden said. "'there's lots of information During the past year, police agencies across the Massey said the county and the cities should out there now. The police chiefs and I have been county have discussed the Cogan Owens Cogan fund a study of the issue in the next 90 days. If opposed the idea. talking about do' a stud of that, so this is cer- As a result of the poll, the police officers' also- tai ~ Y plan, but few of the recommendations have been political leaders try to block the study, a consolida- y timely:' put in place. tion plan Wright be ripe for a countywide ballot ini- iation will push city and county officials to fund a Beaverton Police Chief David G. Bishop said he In the recent public opinion survey, the Portland tiative, he said. of the consolidation plan. The association thought the consolidation proposal was a positive research firm of Davis, Hibbitts and McCaig talked "It would be a shame to enact a major change in the study will eventually lead to either a step, similar to the work that area police agencies to about 400 Washington County residents from our law enforcement infiwouctune without the er of the 12 police agencies and the sheriff's do on combined teams to handle major crimes, July 11 to 15 about the possibility of consolidating benefit of a comprehensive study," Massey said. "I ffiee, or consolidation of some countywide police hostage negotiations, narcotics crimes and gangs. police agencies. Researchers asked a dozen ques- am hopeful that our local leaders will recognize the 'ons to save money and improve response "I think that's all positive," Bishop said. "Could tions about the possible merger, with most people significance of this issue and will cooperate in a we do more? Yes, we could, in other ar.,as. favoring consolidation as a way to save money and mutually funded analysis of the subject." 'the police officers throughout Washington "But to have one big agency, at this point I'm have known for years that th='s an unbe- not sure what the benefits could be as far as sav- eable amount of waste and redundancy in having ings " dozen different police agencies" said Todd Tigard Police Chi--f Ron Goodpaster said he Washington County Police Officers was concerned about how much the consolidation kuticiation president 'Until now, we haven't would cost, how services would improve under a ~ mown for sure how the taxpayers felt about this single agency and how the agency would be gov- 1 ®®T 15532 SW Pueifte Hwy ("w) IUTI 111100 IBS ~t°VJrq , of I R "NI • SQ Loo 0*w yarded fed goa4 Aa~s~-Essay 10-6 » you feel goon! Saturday 10--8 for that "Perfect used ve~•c~e? " X03) 624-L-400 STAND ON YOUR FEET ALL DAY? Let Syd Dom and his 30 years of experience FEEL AS THOU6H YOUR SHOES NEVER REALLY FIT? and contacts take the hassle out of buying a FOOT SOLUTIONS HAS FlllpED THOUSANDS OF PEOPLE ACROSS AMERICA_ used vehicle. Take advantage of his "Buyer's HeaHh Prafetskmals. Teacim s, Z nstr action Workers, Factory and Food servloe Wertz and many more !rave found relief from foot pain in properly fitted footwear. Let us help yaul Referral Service' to get you... 1>e~ The BEST' Vehicle . ARTI-PXaS . GERIATRIC PROBLEMS . NARROW/WIDE FEET * cam The BES'T' Price & . DIABETES ES • 0 ARCH FOOTTRBLE5 . FOOT TRAUMA HA . BALLO FOOT PAIN The BEST Buying Experience. aUPJIONS . CONGENITAL . PROLONGED , 'I can save you more with a few wick Phone HEEL PAIN DEFORMITIES STANDING TT1T.T.C I T.TrrTCrTTrl~rl SDA J~MQ ) Z®ca Bill NINE ® ledlo r merger ® ea. for maj - servMgy forcemeat services. . That money could be used for agencies, I was told that citizens i schools or transportation Projects y interest in the possi- the returne ble merger of d to residents in Wash- and police officers liked things or supply ble m County law en- wary theywere. Case closed. Do you have an issue you feel strongly about? An experience you the form of lower property taxes, ewritten, double,-_ I realize that local leaders don't forcemeat agencies fire agency an example Submissions should jbe abut Sao words.torthrree typ yourself. my Turn mater! should be written exclusively for,The. • , like outsiders who rock the oat e from my imioly rds f on the tressed the success of is those Having witnessed spaced pages. missions become the and mess ilia rs wh~ulaY~-cow came advisory boards for both oregonian and is s_ ubject toe 9. All sub o"hated leaders the Beaverton Police Department the merger that created Tualatin property on County Sher- Valley Fire & Rescue, I thought a of The Oregonian and will not be returned; submissions may be agencies, ih serve to they ill's the Waslunbn - similar merger might work for law edited and may be published or otherwise used in any medium elected and app r send a fax to 503-968-60 61. Mase., need t remember that e ties the fire agency Write to Southwe fe 97224 o, The oregartitan. 15495 S.W. Sequoia, . s office. Both are Superb agen enforcement. I studied the citizens, not the other way . number where we can reach you during theday around. e I appreciate that and Parkway, Pelephone ortland, Ore. ent a couple of shifts z , there could be obstacles to an When I was aP- sp include at pointed, I knew ' with crews. across-the-board merger of police lice nothing about law I heard firsthand ac- agencies, the issue is worthy P~uol counts re how merging operations, there ther study. enforcement So I time with three fie agencies IM- ersuasive fiscal I hope that our officers, elected and ap-endors proved public safety am mention asking the editorial ty and c g city gov- laze some equalllpointed leaders will put aside their county shen$s deputies, V and reduced costly in- emments to pay rovinci t a. political argu- 9.1-1 op MY TORN for a comprehen- arguments. largely P operators efficiencies. The ffie impartial study This year, the cities and county ments and provide the credible and detectives fighters, many of ofla credible and co stud that Washings Ronald Massey of law enforcement consolidation. will collectively spend about $60 Y on County res- county the whom originally had Of the million for law enforcement serv- ideals deserve to see. The taxpay- enrrmnorm ItouslY was educational to learn been skeptical about merging, Unfortunately, many nY appointed leaders ices, not including the county jail- ers and police officers deserve less. lice work from the people were passionate advocates for elected and about I service consolidation. don't share my enthusiasm and Through economies of scale, elirrii nothing s interest for merging our police nation of redundant services and day. who work on the front lures every I emergency polled polled on County' operational refinements, Washing- However, encies. could conservatively Ronald Massey lives in Cedar Mitt However, I soon leaded of er- truce officers about the idea. It ag o save a minimum of 10 percent an He can be reached at ronaldgmas- merou naws associated with open- took nearly nine me°cent oftthe closedt-door ~meeetings bamongcp- ton County uno.com. sting b ,12 separately functioning us - the end nearly 90 p lice chiefs, mayors and county offi- nually, or $6 million, on law en- sey@j lice bureaucracies. e a buss- patrol across o the fficers county nesspeison, I recognized that the and detectives said that they cials, who discussed how they independent operational structure were interested in merging and could kill the idea of a police merg- l t of these 12 agencies created tre- thought the idea deserved further er before ithad a chance of gaining support in the community ("Poll mendous inefficiencies. r and an- study. support for merging police," Gies, interagency conflicts and way in July, the Washington County finds County, Oct too manypohticalmactunauons• Police Officers Association paid MetroiWashington of ty, cal , • e • ' Basically, Washington County ollster Tim Hibbitts to conduct a 19). It seems that many of Ou doing ' going off in public poll regarding a countywide leaders would prefer tl . law enforcement was shared vision or ph results, the notion of a law orcement the time to study 12 different directors with is police agency merger. The • released last month, indicate sig- merger to taking ; , . an. It was a dis- • , ` ' ~ , o • ~ • ~ ~ organized system that hadr t nificant public support for merging it. changed much in more than 50 Washington County's 12 police Fiscal incentives ears a envies. ort of po- Although the No. I reason fora 2001 Excursion Lorn6 Armed with the supp olive merger would be to improve about and y -When the p I questioned the police g chiefs possibility offfimerging lice officers and taxpayers (not to police . I . tAEOREGONIAN yfig7048 aq 503 294 59&4 or 503-294-5984 lian.coni 8240 Soutbwest@°ewsoc 503 Ca1c°T 8000 Fax r»5° °1 today oo~omloce9° CION' ,b on t" i .f O ~,nttty Grove f0v ~j (%den, et°n+ @o test S asks efforts and (nudes Camp lCrdd+ and wo d about M of coo4e " Mayor . jt said they m. talk old study env t I"nGn~ details of a 4 tsfot censohda sepatate1, licedeV and total MaY°t0heatn'd lan h¢tote eu tl'e mm' ynongP° lute an need aadon P Ott m his atg"mp°ints to e ation '0 0 be ~ posed~m monEN f° ~a re d $]0,000 Massey 529121 peplO 'Theye rte poe tY'e WOW , no Lion Oat. by n°n ot0and u, wa leashing a eement etest in s Cku nrdymg u'Y May 2000, oriland0LR' c"a m 1 bbitts ~m p e p b2peop d had in Y et DeP In ttrep the COCOS (ts~° ce nduded _ Dace n an the idea the 'PI of Da` H' and nn has 445 rpnsoadaaon+ e wasltin9'°n leased stu llsbyCpgan to sh~$s ted ton exp le d lot a McCaw- n re W say 12P°a ag id hedoesabessaa`~, Shun S ez~ffsmAo offices t~elga e ut+tj~snla'B attd the + w0 tnen~o nlpmp° . V",ljhe3 with ons ent tot Maw money C°& d be eetinge ott'ce+ attmen 14 - w~ 00 ith p°s'h~Ye ~ n~ aal ap' n°w mtnanY °ffice~cons°adation 4°st natot ~o esan'a fotrenoUce a es teootomen -ty a un Ys en's of ] aSCd P° w City CAU 6p15 the,,ftent sm'ts~and one county soadep°andtw° with an n° ~ of e~~ mat w°u1d In he t w0,Ad cost So do a N~ a °f theme unplem to 5piin-eed the 'no fp1 2t ayg tttilC or h dedel sk s0ffigj °t Cedar pmac)S urnentiz f0t a nt w°~ of the g°vetnn'ent study+ jAe a no onehad den syd+ ~t'o dena pT soner th~, dori t the proposal `^tgon Ma ' inet fog de de ethce dado ll~ sat ~ said. who sits°n Wem'parid Aba'- at- jAv`J°t a ayo one Dla°ilewiabe tist'atots say o to St y he curet cam4 ceuntY ^n of apace Ple 4° . 35 pe ass* tton a of 1o som sai out Money said one ~ayets of the 460 PeO~ the tdea 19 Pet M dvise ~e den, said h u.rnete s g ustbecause den worla"g °n cat ~t the Head sY a Pyanent wow need a and costly Oont~`Imfd"o~at %Voted ~ and B G 'Bish p ~d pU llilu?"atet up doing it~t~ y s request ~~endauons TrtE _ to P° undanG cen t oPP° Cfth lsas and county deman Maw stadY A 4 t a red. Nice. rk". dent so'newha opP° tee because c'tY ideis Drake -bed ent hnan~ Year. Bea Ma pf (ot a SOV outhsIab BFAVO-5 shows pohcegerl, confeten- and ntstrondnota"sv7et to hill tus, tentO eased 1on County pt ace O%Cevs filed Pe otdi t needs swori ven°n 1e1. ntY of w the c°o a bdore a 1105 ab0ut0s4°Massell~ and re a B ~t~d Set D I T hiSepme o d?.~ to wtt)"n'ht • J~s {av°r mei@ages ittto news teP° tsar` up to me to Pa" te0ent . ft4b Dtak efs and cart ys12 ponce ddjo5oenec P°uCe rh l)o leads to ~d w ~ Todd i nc„ustl Poace O~ice ponce ~ and- tysituibm jim county tun a aedm tnetget w : . ASSW Yo~1e cemrio0 d and study of PWAY study" °f ~e ponce auolu officers f'u0' nnty The °nths Cpunty -ve $e dsuPPocdY and odath' wrington ceThty Butma &efssardr y hoe Ifi:OM ~sandP° w - ~aAAnt msss,, FOR IMMEDIATE RELEASE: WASHINGTON COUNTY RESIDENTS SUPPORT MERGING LAW ENFORCEMENT AGENCIES October 18, 2001 The Washington County Police Officers Association (WCPOA) today released the results of a public opinion poll conceming the issue of merging taw enforcement agencies within Washington County. The poll, (conducted by the respected opinion research firm of Davis, Hibbitts, and McCaig) indicates that there is significant public support for the idea of consolidating the 12 different police departments currently operating in Washington County into a single county-wide police agency. The telephone survey reflects the responses of 400 registered voters in Washington County. The poll was conducted July 11th - 15th and posed a series of questions regarding law enforcement within Oregon's second most populous county. According to pollster Tint Hibbitts, `We crafted the questions to get an accurate reaction from voters after they had heard the pro and con arguments related to the idea of a police mergee. The survey refleots the attitudes and opinions of voters all across Oregon's fastest growing county. Nearly two-thirds of those surveyed have resided in Washington County for more than 10 years. 7 _ -----v-----`~-- This public opinion poil follows on the heals of recent In-house surveys of patrol officers and detectives at the 12 different police agencies within Washington County. "The tiolice officers throughout Washington County have known for years that there's an unbelievable amount of waste and redundancy In having a dozen different police, agencice saga Todd Duncan, President WCPOA. Duncan went on to say that: "Until now, we haven't known for sure how the taxpayers felt about this issue this survey tells us that they (the taxpayers) are more than ready to take a serious look at merging police agencies". According to recent in-house polls, nearly 90% of detectives and patrol officers at police agencies throughout Washington County support further study of merging together to create a single agency similar to Tualatin Valley Fire & Rescue (TVF&R). Tualatin Valley Fire & Rescue was the result of a multi-agency merger that created what is today Oregon's second largest fire department serving Beaverton, Tigard, Tualatin, Sherwood, II City, Cedar Mill, Aloha, and most recently the cities of West Linn and Oregon City. The survey asked voters a series of questions regarding the issue of merging together Washington County's 12 different police agencies. Here are the final results of the survey: 2 ocT-is-ea THU 401:59 PM "There has been some discussion recently about merging all of the polio departments In Washington County Into one department. Have you heard or read anything about thie YI;S 21% NO 79% "I would like to read some reasons people have given for supporting the Idea of merging all of the police departments In Washington County into one department For each reason I read, please tell me if you think it Is a very good, good, poor, or very poor reason to support merging all police departments in Washington County into one police department" • Some 90% of the street polio officers and detectives in Washington County favor merging police departments in the county Into one agency. Very good 20% Good 44% Poor 22% Very Poor s% DKINAIRefused 70% • This merger would be similar to the one that created Tualatin Valley Fire and Rescue. That merger has work-ad out very well for the citizens of the county. Very Good 20% Good 56% Poor 13% Veer Poor 4% DK/NA/Refused .7% • As the merger takes effect, it will result in cost savings by eliminating duplication of police servioes. Very Good 30% Good 47% Poor 15% Very Poor 5%0 DK/NA/Refused 4% 3 • Creating one police department in Washington County would mean that only one department would pay for equipment, training, and recruiting, something that 12 different police agencies are now doing separately. Very Good 34% Good 44% Poor 15% Very Poor 5% DK/NA/Refused 3% • A merger of all Washington County police departments into one would allow criminal records, evidence storage, traffic enforcement, and detectives to be placed under one agency, not twelve different agencies. Very Good 360/1- Good 41% Poor 15% Very Poor 0% DKINA/Refused 30/0 • Residents of cities in Washington County are paying twice for law enforcement for their city and for the county. Merging police departments would end this practice. Very Good 34% Good 33% Poor 17% Very Poor 6% DK/NA/Refused 6% • Merging all Washington County police departments into one should improve pollee response times in Washington County. Very Good 32% Good 40% Poor 17% Very Poor 610 DK/NA/Refused 6% 4 "On the other side of the coin, here are some reasons to.oppose Merging 1311 police departments in Washington County into one agency. For each reason, please tell cute if you think it is a very good, good, poor, or very poor reason to oppose merging all police agencies in Washington County into one police department/ o McTging all Washington County police departments into one could mean a toss of local control for towns in Washington County Very Good 18% Good 33% Poor 37% Very Poor 6% DK/NAfRefused 4% • Merging all Washington County police departments into one could create a police union that would be too powerful Very Good 16% Good 23% Poor 42% Very Poor 14% DKINA/Refused 6% s Merging all police in Washington County could hurt small cities like North Plains and Banks that might not be able to pay for the same level of police service at a higher cost-per-officer. Very Good 19% Goad 37% Poor 25% Very Poor 10% DKINA/Refused 10% 5 -Each Police department In Washington County has a different approach to policing tailored to that community's needs. Consolidating all police departments into one agency would cause local oommunitles to lose their local police identity. Very Good 19% Good 3$% Poor 31% Very Poor 13% DK/NAIRefused 4% ® Merging all police in Washington County into one department could vAnd up creating a police department that is too big and cumbersome to respond effectively to problems. Very Good is% Good 26% Poor 36% Very Poor 13% DKINAIRefused 6% "Now that you have heard some arguments In favor of, and opposed to merging all police departments In Washington County, would you say that you strongly favor, somewhat favor, somewhat oppose, or strongly oppose tgte idea?„ Strongly (Favor 21% Somewhat Favor 35% Somewhat Oppose 19% Strongly Oppose 20% 13KNA/Refused T% 6 06Ti-188-01 THU 01:4L PM Based on the feedback from taxpayers and police officers across Washington County, The WCPOA is calling upon the municipal and oounty governments to fund a credible, imp"al, and comprehensive study of the benefits and potential obstacles to merging the 12 police agencies now operating in Washington County- This proposed study, which should begin in no more than 90 days, has already been endorsed by a recent Oregonian editorial (7113/01). The Washington County Police Offoers Association feels that a comprehensive consolidation study would serve as a roadrnap for improving Washington County's law enforcement infrastructure, and could also be used to identify areas of financial waste and operational redundancy. The WCPOA strongly believes that wasted taxpayer dollars would be better spent on important community needs (like our schools) or simply returned to county residents in the form of lower property taxes. For Farther inforrnatlon contact Ron Massey at (503) 297.7473 or (sw) 705-mT 7 ji~ ®('T-14-411 TH(U 01:42 PM About the SLUVOY... The Telephone survey was conducted July 7 Ith -15th by the public opinion firm of Davis. Hibbitts & McCaig in Portland. The 400 survey respondents (ail registered voters) were Washington County residents who were categorized as being "most likely" regular voters. Here is a profile of the survey respondents: AGE: 18-34 16% 35-54 45% 55+ 37% Refused 3% YEARS OF RESIDENCY IN WASHINTON COUNTY- Less than 5, years 19% 6-10 years 16% 11-20 years 18% 20 Years or more 46%. GENDER: Male. 48% Female: 52% POLITICAL, AFFILIATION: Democrat: 39% Republican 41% Ind / Other 20% AREA: Western WA Cc: 31 % Eastem WA Co: 69% 8 I 10 1111 S+ud Aoenda Item No Meeting of I I ~ 13~ 01 CITY OF TIGARD Community Development Shaping A Better Community MEMORANDUM CITY OF TIGARD TO: Honorable Mayor, City Council Members FROM: Barbara Shields, Long Range Planning Manager DATE: November 9, 2001 SUBJECT: Bull Mountain Annexation Project CC: Bill Monahan, City Manager Jim Hendryx, Community Development Director Enclosed please find two draft documents related to the Bull Mountain Annexation project: 1. "The Bull Mountain Annexation Study"; and 2. "The Bull Mountain Annexation Question and Answer Packet" The main objective of the "The Bull Mountain Annexation Study" is to provide a context for policy issues related to annexation of Bull Mountain in order to help Council evaluate policy recommendations. The main objective of the 'The Bull Mountain Annexation Information Packet' is to address the specific concerns of Bull Mountain residents related to annexation. The two documents, along with an overview of the major policy issues, will be discussed at the November 13, 2001 study session meeting. Council will have an opportunity to review the materials and provide staff with comments and questions at the November 20, 2001 work shop meeting. Council discussions at both meetings, on November 13 and November 20, will serve as the basis for policy development for Bull Mountain annexation. Staff will then come back to the Council meeting on November 27, 2001 with a final report and public presentation of the report, including a Bull Mountain annexation strategy plan and recommendations for public outreach. It should be noted that "The Bull Mountain Annexation Study" and "The Bull Mountain Annexation Question and Answer Packet" have not been reviewed by City Department Heads yet. The City Department Heads will have an opportunity to review both documents next week. lALRPLN\l3arbaMANNGXATI0N Final Reporkeniemonov9.doe DRAFT For Inter d Review T "W"W rIE LJLL MOUNTARV., A d-% ANNEXATION, °I' Y CITY OF TIGARD Community Development Shaping A Better Community COMMUNITY DEVELOPMENT DEPARTMENT LONG-RANGE PLANNING NOVEMBER, 2001 NOVEMBER 2001 THE BULL MOUN'T'AIN ANNEXATION STUDY PAGE 0 1:\LRPLN\Barbara\ANNEXATI0N Final Report\11 02 01 DraR.doc DRAFT' For Inge wd Review THE BULL MOUN'T'AIN ANNEXATION STUDY FOR SPECIFIC QUESTIONS, CONTACT THE FOLLOWING PEOPLE AT 503/639-4171: COMMUNITY DEVELOPMENT DEPARTMENT JAMEs N.P. HENDRYX, EXT. 405 jRvIH@CI.TIGARD.OR.US FINANCE DEPARTMENT CRAIG PROSSER, EXT. 345 CRAIG @CI.TIGARD.OR. US PUBLIC WORKS DEPARTMENT ED WEGNER, EXT. 396 ED@CI.TIGARD.OR.US POLICE DEPARTMENT - 503 /639-6168 RON GOODPASTER, EXT. 218 00859@ci.TiGARD.oR.us ENGINEERING DEPARTMENT Gus DuENAs, EXT. 378 GUS@CI.TIGARD.OR.US NOVEMBER 2001 CITY OF TIGARD 13125 SAX/ FALL BLVD. TIGARD, OR 97223 NOVEl1 BE1t 2001 '11-1E BULL. MOUNTAIN ANNEXATION STUDY PAGE 1 1:\LRPLN\8arbara\ANNEXATI0N Final Report\l 1 02 01 DraR.doc DRAM' For Internal Revkw THE BULL MOUNTAIN ANNEXATION STUD' 'T'ABLE OF CONTENTS EXECUTIVE SUMMARY INTRODUCTION . 1. STUDY AREA PROFILE 2. URBAN SERVICES IN THE STUDY AREA . 3. COSTS AND REVENUE OF ANNEXATION UNDER CURRENT CONDITIONS - SCENARIO 1 4. COSTS AND REVENUE OF ANNEXATION LONG TERM CONDITIONS - SCENARIOS 2 AND 3 5. ANNEXATION AND TAXATION 6. CONCLUSIONS A P P E N D I C E S APPENDIX A. COST AND REVENUE ANALYSIS BY SUBAREAS APPENDIX B. SUMMARY OF ESTIMATED CAPITAL IMPROVEMENT PROJECTS APPENDIX C. COST AND REVENUE ANALYSIS BY FUNDS APPENDIX D. ANNEXATION AND TAXATION APPENDIX E. METHODS OF ANNEXATION APPENDIX F. BULL MOUNTAIN ANNEXATION QUESTION AND ANSWER PACKET NovEMBER 2001 TH E BULL MOUNTAIN ANNEXATION STUDY PACE 2 lALRPLN\Barbara\ANNEXATION Final ReporN 1 02 01 DraR.doc DRAFT For Inte wd Review EXECUTIVE SUMMARY Since adoption of the City of Tigard's Comprehensive Plan in the mid-1980s, the Bull Mountain area has been identified as eventually being within the City limits of Tigard. In 1993, the State Legislature passed Senate Bill 122, which required the coordination and provision of urban services for lands within the Urban Growth Boundary. In 1997, Tigard and Washington County entered into an urban services agreement that transferred land development and building permit activity to the City. The Tigard City Council established a goal for 2001 to establish an annexation policy for non-island area., such as Bull Mountain, and directed staff to study the feasibility of annexing the Bull Mountain area. "The Bull Mountain Annexation Study" is an outcome of Council's direction. "The Bull Mountain Annexation Study" provides a context for policy issues related to annexation of Bull Mountain. Since the demand for services and generated revenue is dependent on the number of people living in the area, the study examines the costs and revenues of annexation based on growth scenarios. Three growth scenarios were developed for the purpose of this study: current conditions (Scenario 1), buildout (Scenario 2) and moderate development (Scenario 3). A comparative analysis of the three scenarios constitutes the quintessential portion of this study. Scenario 1 assumes that no future growth occurs in the area and is used as a starting point for a comparative analysis. Scenario 2 assumes that all buildable land will be developed and built out at the maximum densities under current land use regulations. Scenario 3 assumes that development will occur at lower density (50% of the "buildout" growth). While Scenario 1 and Scenario 2 reflect two extreme conditions for comparison purposes, Scenario 3 provides a conservative estimate of what could occur in the study area. A capital improvement funding strategy for roads and parks is the key policy issues in all three scenarios. The estimated need to provide an adequate level of service for parks and roads is the most critical aspect in evaluating the Bull Mountain annexation issues. Furthermore, the projected park and transportation improvement cost, exceed the projected revenues in the three scenarios. This report does not contain a fully developed strategy addressing the funding issues. However, it does identify the discussion parameters to provide a context for the decision making process. A possible strategy would consist of a variety of alternatives, as identified in Section 6 of the report: Use a portion of the General Fund to address capital improvements. • Assistance from Washington County to address some or all of the capital improvement needs. • Form Local Improvement Districts to address specific capital improvement needs, such as parks and roads. • Delay improvement of streets until funding sources are available. NOVEMBER 2001 THE BULL. MOUNTMN ANNEXATION STUDY PAGE 3 1:\LRPLN~BarbaraWNNGXATION Final Report\I 102 01 DraR.doc DRAFT For Int ?zd Review • Obtain grant fundings to address portions of capital improvements. • Identify the effective sequence of annexing specific sub-areas of Bull Mountain. The study identifies several alternatives and policy choices for Council's review and discussion over the next few months. Public outreach must follow. Ultimately, annexation of the Bull Mountain study area is a policy issue that deserves considerable discussion by the City and those people most affected. NOVEMBER 2001 THE BULL MOUNTAIN ANNEXATION STUDY PAGE 4 1ALRPLNTarbara\ANNEXATION Final Report\I 1 02 01 Draft.doc DRAFT For Internal Reviav INTR0DUCTI0N One of the Tigard City Council Goals is to provide urban services to all citizens within Tigard's urban growth boundary and that recipients of services pay their share. In March 2001, the Tigard City Council directed staff to conduct a study of the Bull Mountain area (see map on page 6) to help Council evaluate policy recommendations related to annexation of the Bull Mountain area. The purpose of this study is to determine if the City of Tigard should pursue annexation based on an analysis of annexation's costs and benefits to both the City and current Bull Mountain residents. In order to be assured this study addressed the concerns of Bull Mountain residents, the City and Washington County held a Focus Group meeting in July 2001. The Focus Group meeting gave residents an opportunity to ask questions related to the Bull Mountain area. The meeting was attended by over 100 people and provided a direct input to the scope of the study. As an outcome of this effort, two documents were initiated. The first is "The Bull Mountain Annexation Study" and the second document is the "Bull Mountain Annexation Question and Answer Packet.." The study report is divided into six main sections. Section 1 provides background and a current profile of the study area in terms of population, development and zoning. Section 2 provides information on the levels of urban services provided to study area residents. Sections 3 & 4 examine the costs and revenues of annexation based on three growth scenarios: current conditions, buildout, and moderate development. Section S provides information on how annexation will affect taxation rates for residents, and how it will affect expenditures and revenues for the City. Section 6 summarizes the findings and raises key policy issues for Council to consider. Appendices A through F provide detailed background information, which was used in preparing the report and the "Bull Mountain Annexation. Question and Answer Packet.." NOVENIBH 2001 Ti-ili BULL MOUNTAIN ANNEXATION STUDY PAGE 5 l:\LRPLN\9arbara\ANNEXATION Final Rcport\l 1 02 01 DraR.doc mom DEA 1' For Internal Raiew 1. Study Area Profile The Bull Mountain Study Area consists of approximately 1,440 acres of land located west of the City of Tigard (see Map below) in Washington County, within the Urban Growth Boundary (UGB) . The Study Area abuts Beaverton and Tigard on the north and east, respectively, King City to the southeast, and unincorporated County land outside the Urban Growth Boundary to the south and west. The land in the Study Area is sloped- steeply in some areas- allowing for views Bull, Mt Stucly,Elrea VBcinity--Mapi at higher elevations. Traditionally a farming area, the last decade brought Ploitland' r' additional home developments to the area. __.J', ti J Beaverto r Today, both farms and subdivisions co- - 1 " v 1 1 l ~ I exist here. Although the identified area is ` l now outside the City limits, the Tigard provides many urban services to J Tigard \`x residents. In 1997, the City of Tigard and j - 7 - Washington County entered into an Urban Services Agreement which transferred v I.. :Lake res onsibih for land use decisions, 'Oswego- P ty Bull Mt Study Area L---- building and development related engineering to the City of Tigard. The County adopted the City of Tigard , ~-Tualatin in _ •-r~i-• ,Lk Community Development Code for the c rm- Printed on Octob-3m, 200 'm orno~ - - Bull Mountain area, which applies standards to any new development in the area.' Currently, approximately 7,300 people live in the Study Area, according to 2000 Census data. There is no commercial or industrial zoned land in the Study Area. Most of the property is zoned R-7, a medium density residential zone requiring lots of a minimum of 5,000 square feet. The area consists of a combination of (1) a mix of larger undeveloped lots, (2) larger lots developed through the County under different standards, and (3) smaller lots that are built to the minimum density allowed under the current zoning regulations. Given the existing development pattern and topography, this study divides the Bull Mountain area into 4 subareas: North, South, East and West (see map, next page). i Section 2 of this report further discusses current and anticipated service provisions for the Study Area. NOVENIBI-ti 2001 'I'I-IE BLILL MOUNTAIN ANNEXATION STUDY PAGE C l:\LRPLN\Barbara\ANNEXATION Final Rcport\I 1 02 01 Dralt.doc BULL MOUNTAIN City of Tigard SE. b Areas Map tip!; ~oaa. i...... .....E . - ~ _ 9 t 8UCL MT w s.s~ \ South- East. 3 a l s t 800 0 800 Feet w E - BEEF Printed on November 8th, 2001 s la III !iliIIIIIIIlll~m DRA 1 For Inte wd Review Ngrth This subarea is located south of Barrows Road, north of Baker Lane and Roshak Road, east of the urban growth boundary and west of the Bonneville Power Administration (BPA) easement line. The North area consists of approximately 383 acres and a population of 2,813. This area has a combination of R-7, R-12 and R-25 zoning; however, all of the higher-density (R-25) residential lots were developed as single-family home subdivisions. While there are several larger lots, there are very few redevelopable or vacant lots in this area due to steep slopes. This area is largely built out with only about 10% of the area identified as vacant or redevelopable. Based on the household growth rate of 2.2% identified by Metro, it is estimated that this area will be built out in 4.5 years. West The western subarea is bordered on the south and west by the Urban Growth Boundary. It is bordered on the east by SW 150" and to the north by Roshak Road and Baker Lane. The western area consists of approximately 259 acres with 944 people. The majority of the area has been developed with large lot subdivisions, which are not expected to be divided further. However, 15.3% of the land in this area is identified as vacant or redevelopable. The zoning in this area is R-7 (medium density residential). Based on the 2.2% household growth rate identified by Metro, it is estimated that this area will be built out in 6.9 years. South This subarea is generally located west of SW Peachtree, east of SW 150`'', north of Beef Bend Road and south of High Tor Drive. The southern area consists of approximately 507 acres of land and 3,077 people. The zoning is primarily R-7 (medium density residential) with a small portion of R-25 (medium-high density residential) to the south between Foxglove #2 subdivision and Beef Bend Heights. Many of the subdivisions were developed withlarge lots that are not expected to be divided further; as a result, this area has larger lots with only limited infill potential. This area has about 10.6% vacant or redevelopable land. Based on the 2.2% household growth rate identified by Metro, it is estimated that this area will be built out in 4.8 years. East This area is generally located east of the Mountain Gate subdivision, south of Bull Mountain Road and north of Beef Bend Road. The eastern area consists of approximately 282 acres with 434 people. This area has most of the Study Area's growth potential, with almost 40 percent of the land identified as vacant or redevelopable. The zoning is R-7, which calls for a minimum lot size of 5,000 square feet. Based on the 2.2% household growth rate identified by Metro, it is estimated that this area will be built out in 18 years. NOVEMBI.R 2001 THE BULI. MOUNTAIN ANNEXATION STUDY PACE 8 1ALRALMBarbara\ANNEXATION Final Rcport\1102 01 Draft-doe ICI' For Internal Review Table 1, Bull Mountain Study Area Profile Bull Mountain Study Area Profile Study Area is 1,440 ac, or 2.25 sq miles, or 62,726,400 square feet' Total Assessed Acres is 1130 ac or 1.77 sq miles North West South East Total Total Acrea a 383.8 259 507. 282. 1432. Total Population 2000 Census 2813 944 307 434 72681 Median Average Household Size 2.85 3.00 3.0 1.8 2.921 Number of Housing Units 948 331 110 160 254 Total Assessed Value (Bldg and land)* 98 668 803.00 102 772 030.0 261 492 712.0 61 350 130.0 624 283 675.0 Median Assessed Value bld and land 174 440.00 215 960.0 239 550.0 283 760.0 227 755.0 % Remainin for Development 10.0% 15.3% 10.6°/ 39.9°/ n.a Pro'ected Rate of Population Growth 2.0% 2.0% 2.0°/ 2.0°/ 2.0°/ Projected Timeline to Reach Buildo t 4.5 years 6.9 years 4.8 years 18 years ' Data from Magic, Sept. 2001, which reflects Wash. Cty. Tax Assessor's records. Note: Subarea totals do not add up to the overall total due to scale; these are only approximations This total is less than the 2143 from the overall calcuation; this reflects rounding down Also, please note that GIs sq If was used, which is not as accurate as surveyor's measurements. All square footage is approximated. 1 From Metro's Data Resource Center. 2 Also from Metro. Based on household growth rate for the City of Tigard at 2.2 percent. The above table provides a general overview of the Bull Mountain area by four subareas. The following is a summary of the major assumptions and sources, which were utilized in preparing Table 1: • population, housing unit and household data were obtained from Census 2000 information; • land data and assessed value information were obtained from the City's MAGIC GIS system, which uses Washington County Tax Assessor data; • the growth projections utilize Metro's 2.2 percent growth rate for households or housing units, and 2.0 percent for population.; this rate could vary based on the economy and other factors;' • "Redevelopable land" refers to partially developed lots; these large lots are not built to minimum density, and could potentially be subdivided for "infill." ' The City has approved approximately eight subdivisions in this area with approximately 432 lots total. All lots and infrastructure in these subdivisions were built to City standards. It is not anticipated that growth will continue at this rate, however. Therefore, for this study, the Metro assumptions of 2% were used to develop future population forecasts and 2.2% for future housing units NOVEMBER 2001 THE BULL MOUNTAIN ANNEXA'T'ION STUDY PAGE 9 lALRPLN\Barbara\ANNEXATION Final Report\l 1 02 01 Dratt.doc DRAFT For Internal Raiew 2. URBAN SERVICES IN THE STUDY AREA As stated earlier, although the Study Area lies in unincorporated Washington County, the City of Tigard already provides some urban services to residents. In 1997, the City of Tigard and Washington County entered into an Urban Services Agreement, which transferred responsibility for land use decisions, building and development related engineering to the City of Tigard. The remainder of the Study Area's services are provided by either Washington County or regional service agencies, such as Clean Water Services, etc. Table 2, next page, identifies each service for the Study Area., the current provider, and compares the current level of services to the projected level of services under annexation. NOVEMBER 2001 THE BULL MOUNTAIN ANNEXATION STUDY PAGE 10 lALRPLN\Barbara\ANNEXATION Final Rcport\l 102 01 Draft.doc DRAFT For Internal .Ra ew Table 2: Service Provision in the Bull Mountain Study Area TAY. iy~ f _ Y+ . rk d. ' +Svi` . .i N il.~sll Police Washington County provides The City of Tigard would provide Yes 1.0 officers/ 1000 people 1.5 officers/1000 people There would be (.5 standard; .5 from Enhanced Patrol) an increase of approximately .5 officers/1000 people Fire/Rescue Tualatin Valley Fire & Rescue provides Tualatin Valley Fire & Rescue No services. continues to provide services. Parks Washington County does not provide Tigard's Parks standard is 7.65 acres Yes parks services. for every 1,000 residents. This The City includes Greenways, trails, open provides park space and improved parks. Until services. parks could be provided in Bull Mountain, the City ratio would be approximately 6.74/1000. General Road Washington County through the Urban The City's road maintenance Yes Maintenance Road Maintenance District. General performs maintenance on regular The City street maintenance by the County is schedules as well as on a complaint- provides primarily on a complaint-driven basis. driven basis. Typical maintenance additional road Typical maintenance activities include: activities include: maintenance services. • pothole patching • pothole patching • grading graveled roads • grading graveled roads • cleaning drainage facilities • cleaning drainage facilities • street sweeping • street sweeping • mowing roadside grass and brush • mowing roadside grass and (only the shoulder strip) brush (shoulder strip + ditch • maintaining traffic signals line) • replacing damaged signs • maintaining traffic signals • replacing damaged signs • installing and replacing street markings • crack sealing • vegetation removal for vision clearance • street light tree trimming for light clearance • dust abatement on graveled roads Sanitary Sewer Clean Water Services (CWS) The City of Tigard will meet the No same level of service as CWS. All service levels for CWS and surrounding jurisdictions must be uniform by July 2003. NO VE,tit BEE[ 2001 Ti l c Bt i. t- MOUNTAI N ANNEXATION STUDY PACE l l 1:\I_RI'LN\Barbara\ANNEXATION final Report\11 02 01 DraR.doc IS 11,111'111111 1 DRAFT For Inowdl Revi w Storm Sewer Clean Water Services (CWS) The City of Tigard will meet the No same level of service as CWS. All service levels for CWS and surrounding jurisdictions must be uniform by July 2003. Water Intergovernmental Water Board Service remains the same. Tigard No contracts with the Tigard Water District Water District will continue to to provide water. provide water but will bill directly. Street Light Washington County administers The City of Tigard will assume all Service remains Maintenance Service Districts for Lighting for PGE. street light operations and the same but Residents pay an annual operations and maintenance for existing lights. property owners maintenance assessment. Residents do not pay a separate are not assessed assessment. for the operation of the lights. Community The City of Tigard provides building The City of Tigard will continue to Only change in Development and services-including land use decisions, provide building services to this area. service is that Building Services building and engineering-under an the City reviews intergovernmental agreement with All land use decisions will continue legislative Washington County. to be reviewed under the City matters. standards and through the City's All land use decisions are reviewed hearing process. The City would be under the City standards and through the review authority for legislative the City's hearing process with the actions as well (zone changes, exception of legislative actions (zone comprehensive plan amendments, changes, Comprehensive Plan etc). amendments, etc.) Library Washington County Cooperative The City of Tigard, which receives No Library Services (WCCLS) approximately 62% of its funding Consortium, which provides funding through the WCCLS. Bull Mountain through the county tax to area libraries, residents would have influence on including Tigard. the library's services, and could advocate for the services they want. Schools Both the Beaverton School District and Annexation does not change school No the Tigard School District provide district boundaries. service based on district boundaries. NOVENIBEIt 2001 THE BULL MOUNTMN ANNEXATION STUDY PACE 12 1:\LRPLN\Barbara\ANNEXATI0N Final ReporAl 1 02 01 DraR.doc DRAFT For Internal Review 3. COSTS AND REVENUE OF ANNEXATION UNDER CURRENT CONDITIONS - SCENARIO 1 Introduction The previous section showed how annexation would affect services in the Bull Mountain area; however, there are additional considerations affecting the City's decision to annex. The City must also project the study area's demand for services and the cost and revenue of providing those services. The following section looks closely at the City's projected revenues and costs to serve the study area if it were annexed in the near future. For estimation purposes, this scenario (Scenario 1) assumes that all currently approved subdivision lots will be built with no future growth occurring. While it is highly unlikely that no further land development will occur, this scenario creates a starting point for evaluation. Service Demand The demand for services in the Study Area is dependent on the number of people living in the Study Area, and the number of housing units. The area has approximately 7,300 residents living in 2,545 housing units, according to Census 2000 data. As of this date, an additional 164 building lots have been approved. Assuming that all approved lots are built, it is expected that over 2,700 housing units and 7,680 people will live in the Study Area, under current conditions. The major objective of the report is to examine costs and revenues associated with the City services for the entire area. This provides a solid understanding of the key-parameters affecting the area which will ultimately help in the decision making process. It should be emphasized that the amount of services required for the study area will also vary by subareas due to differences in population and development densities. Appendix A provides details on all four subareas. This information could be used in examining specific strategies for different subareas. Based on the projected population and number of housing units, Table 3, next page, contains the City's expected revenues, operating costs, and capital improvement costs associated with each City fund for the entire Study Area. Nox,EMBER 2001 THE BULL MOUNTAIN ANNEXATION STUDY PAGE 13 1ALRPM13arbara\ANNEXATION Final Report\I 1 02 01 DraR.doc DRAFT" For Intel Review Table 3 Projected Revenues and Costs by Funds for Bull Mountain Area (Scenario 1) Ongoing Operating Costs Fund Revenue Operating Balance Cost General $2,161,822 1,298,469 $ 863,353 State Gas Tax $319,081 391,932 ($72,851) Sanitary Sewer $202,904 $85,597 $117,307 Storm Sewer $97,524 78,188 $19,336 Water $1,767,550 691,659 $1,075,891 One-time Capital Costs Fund Fund Balance/ Capital Improvements Balance Capital Revenues Traffic Impact Fee $370,640 0 $370,640 Parks SDC $268,960 $13,105,000 ($12,836,040) Water SDC $334,724 0 $334,724 Based on the above table, the following is a summary of issues that need to be addressed in considering annexation of the Bull Mountain area: • with the exception of the State Gas Tax Fund, the operating costs are significantly less than the respective revenues for all funds; • annexing the study area in the near future would create a significant need for land and park improvements to meet the City's current level of services for parks; the projected park improvement (CIP) costs (Appendix B), exceed the projected revenue (park SDCs) approximately 49 times; • there is a need for water system improvements that need to be addressed regardless of annexation. Sufficient revenue is projected to address capital needs. Summary: The estimated need to provide an adequate level of service for parks is the most critical aspect in evaluating the Bull Mountain area annexation in the near future. Capital costs for transportation are not assured with this assumption. However, transportation improvements ultimately will be needed. Scenarios 2 and 3 identify potential capital needs, however, a certain level of transportation improvements will also be needed with Scenario 1. Scenario 1 does not reflect capital improvements for transportation. Now-N113EIZ 2001 T lE Bu LL MOUNTAIN ANNEXATION STUDY PAGE 14 I:\LRPLN\Barbara\ANNEXATION Final Report\11 02 01 Draft.doc r DRAFT ' For Internal Ra iew 4. THE COSTS AND REVENUES 'OF ANNEXATION IN THE LONG TERM - SCENARIOS 2 AND 3 Introduction The previous section (Section 3) showed the Study Area's estimated demand for services based on current population and housing units. However, for purposes of calculation, Scenario 1 assumes no further growth. Bull Mountain will continue to grow in the long term and, therefore, this must be considered. This section examines two additional scenarios, Scenario 2 and Scenario 3. Both of these scenarios assume future growth in the Study Area will consist of 5,000-sq.ft. lots with single-family housing units. This assumption is based on the current R-7 medium density residential zoning, which requires a minimum lot size of 5,000 square feet. Both growth scenarios are based on the following assumptions: • Future growth projections are based on the amount of "net buildable land" in the Study Area. "Net buildable land" refers to available land that can accommodate housing units. This excludes land that is publicly owned, owned or under option by the Trust for Public Lands, reserved for right-of-way, wetlands, with a slope exceeding 25 percent, or already developed to its minimum development potential. This also excludes all lots in existing and approved subdivisions. • Buildable land consists of two categories: vacant and partially developed. Vacant lands are those without housing units. Partially developed lots are oversized lots that are not built to the minimum density, and have the potential to be divided. • Both scenarios are based on aerial photographs and tax assessor data in determining the net buildable land in the Study Area. Scenario 2: "Buildout" This scenario assumes that all buildable lands will be developed and "built-out" by the year 2019. Based on current average household sizes, it is projected that the Study Area would have 12,905 residents and 4,824 housing units. Based on the number of additional homes and residents projected in this scenario, service demand would increase. Table 4 details those changes by examining each of the City's expected revenues, operating costs, and capital improvement costs associated with each City fund at the buildout. Novi-:NIMG 2001 THE BULL. MOUNTAIN ANNEXATION STUDY PAGE 15 lALRPLN\Barbara\ANNFXATION Final Report\l 1 02 01 Dralt.doc DRAFT For Inte ml Review Table 4 Projected Costs and Revenues by Fund for Bull Mountain Area at Buildout (Scenario 2) Ongoing O eratin Costs Fund Revenue Operating Balance Cost General $3,806,006 $2,260,681 $1,545,325 State Gas Tax $535,816 $628,011 ($92,195) Sanitary Sewer $361,318 $143,739 $217,579 Storm Sewer $173,664 $131,300 $42,364 Water $1,767,550 691,659 $1,075,891 One-time Capital Costs Fund Fund Balance/ Capital Improvements Balance Capital Revenues Traffic Impact Fee $5,150,540 $12,718,600 ($7,568,060) Parks SDC $3,737,560 $22,033,000 (S I S,295,440) Water SDC $4,651,439 $816,400 $3,835,039 Based on the above table, the following is a summary of issues that need to be addressed in considering annexation of the Bull Mountain area: • with the exception of the State Gas Tax Fund, the operating costs are significantly less than the respective revenues for all funds; • as compared to scenario 1, the needed operating costs will more than double to serve the entire Bull Mountain area at buildout, which is proportional to the population and development increase; • the significant need for road improvements and parks (Appendix B) would be the major consideration in the development and annexation of the Bull Mountain area; • the projected park and transportation improvement (CIP) costs (Appendix B), exceed the projected revenue. Summaty: The estimated need to provide an adequate level of service for parks and roads is the most critical aspect in evaluating the Bull Mountain area annexation at buildout. Revenues for these improvements do not fully address capital costs. NOVEMBER 2001 '1 HE Bul.t. MOUNTAIN ANNEXATION STUDY PACE 16 1ALRI'M13arbarMANNEXATION Final ReporAl 1 02 01 Draft.doc 1J1~.1~.tr 1 V-% A For Inond Ra ew Scenario 3: Moderate Growth Introduction This scenario assumes that development will occur at a lower density, or 50% of the new growth in Scenario 2. Scenario 3 allows for current land-use patterns on Bull Mountain, which includes the following: some existing lots are larger than 5,000 sq ft.; some homes occupy more than one tax lot; some owners do not want to further develop their property. The Study Area would have 10,235 residents and 3,755 housing units approximately by the year 2010. Based on the number of additional homes and residents projected in this scenario, service demand would increase. Table 5 details those changes by examining each of the City's expected revenues, operating costs, and capital improvement costs associated with each City fund. Table 5 Projected Costs and Revenues by Fund for Bull Mountain Area, Moderate Growth (Scenario 3) Ongoing Operating Costs Fund Revenue Operating Balance Cost General $2,974,309 $1,843,752 $1,130,557 State Gas Tax $424,978 $509,303 ($84,325) Sanitary Sewer $281,324 $114,005 $167,319 Storm Sewer $135,216 $104,134 $31,082 Water $2,354,165 $921,240 $1,432,925 One-time Capital Costs Fund Fund Balance/ Capital Improvements Balance Ca ital Revenues Traffic Impact Fee $2,739,120 $12,718,600 ($9,979.480) i 2 a Parks SDC $1,987,680 $17,482,500 ($15,494,820 a Water SDC $2,473,692 $816,400 $1,657,292 5 Based on the above table, the following is a summary of issues that need to be addressed in considering annexation of the Bull Mountain area: NovE,vIBEIt 2001 THE BULL MOUNTAIN ANNEXATION STUDY PAGE 17 lALRPLN\Barbara\ANNEXATION Final Report\I 1 02 01 Draft.doc I DRA 1 For Ino?zd Reukw • with the exception of the State Gas Tax Fund, the operating costs are significantly less than the respective revenues for all funds; • the significant need for road improvements and parks (Appendix B) would be the major consideration in the annexation of the Bull Mountain area; • the projected park and transportation improvement (CIP) costs (Appendix B), exceed the projected revenue. Summary: The estimated need to provide an adequate level of service for parks and roads is the most critical aspect in evaluating the Bull Mountain area annexation in the Moderate Growth Scenario. Capital costs exceed projected revenues. NOVEMBL'ft 2001 THE BULL MOUNTAIN ANNEXATION STUDY PAGE 18 1:\LRPLN\Barbara\ANNEXATION Final Rcport\i 1 02 01 DraR.doc DRAFT For Int maiRevim 5. ANNEXATION AND TAXATION In all scenarios, this report focuses on service provision and its costs. This section provides a comparison of the tax rates for the study area. The following is a brief summary of the Bull Mountain area taxation (see Appendix D) for details). A Property owners in the Bull Mountain area are grouped into two tax districts: 51.78 and 23.78. The City of Tigard tax district is 23.74. ® Bull Mountain property owners (tax districts 51.78 and 23.78) now pay the following taxes for general government services and would continue to pay them under annexation: Washington County, Tualatin Valley Fire & Rescue, Port of Portland and Metro. • Bull Mountain property owners (tax districts 51.78 and 23.78) now pay the following taxes to support General Obligation bonds, and would continue to pay them under annexation: Washington County, Portland Community College, Tualatin Valley Fire & Rescue, Port of Portland, Metro and Tri-Met. O Bull Mountain property owners (tax districts 51.78 and 23.78) would cease paying the following taxes for general government services, as these services would be assumed by the City of Tigard: Washington County Enhanced Patrol, Washington County Road Maintenance, and Washington County Street Light Assessment. • A home with an assessed value of $227,755 would pay an additional $256.50 per year if annexed. Those taxes support the full government and operations of the City of Tigard, and the additional services provided to City versus County residents, as detailed in Table 2, in Section 2. It also includes one existing general obligation bond for the City of Tigard. The Federal government offers the Entitlement City Program to those cities with a population of at least 50,000. The program makes cities eligible for HUD grants. Under scenarios 2 and 3, the City's combined population is projected to be over 50,000. The City would become eligible for Entitlement City grants in the year it reaches 50,000 population, which is dependent upon the area's growth rate. NcwEMBEit 2001 THE BULL MOUNTAIN ANNEXATION STUDY PAGE' 19 1 ALRPLN\ 3arbara\ANN EXATION Finai Rcport\ 11 02 01 DraR.doc SRI 111 :111 DRAFT For Inte ml Ra iew 6e CONCLUSIONS AND KEY POLICY QUESTIONS Summary of Conclusions • With the exception of the East Subarea, the majority of the Bull Mountain area is built out. • Assuming buildout of approximately 12,905 residents and 4,824 housing units for the entire Study Area, each subarea could reach buildout at different times. • Annexation under scenarios 2 and 3 would make the City an Entitlement City in the future. Additional funding may become available to Tigard. • Revenue projections are mostly dependent upon growth. The rate and amount of growth determines revenue forecasts. • The Study Area has extensive capital needs, mostly road and park improvements. • Capital costs for road improvements and park improvements exceed revenue projections. Ivey Policy Based on the above conclusions, the key policy issue is a capital improvement funding strategy. Possible strategies: • Use a portion of the General Fund to address capital improvements. • Assistance from Washington County to address some or all of the capital improvement needs. • Form Local Improvement Districts to address specific capital improvement needs, such as parks and roads. • Delay improvement of streets until funding sources are available. • Obtain grant fundings to address portions of capital improvements. • Identify the effective sequence of annexing specific sub-areas of Bull Mountain. Appendix E identifies the various methods of annexation available to the City of Tigard. NOvi:mBER 2001 THE BULL MOUNTAIN ANNEXATION STUDY PAGE 20 lALRPLN\l3arbara\ANNEXATI0N Final Rcport\I 1 02 01 DrrR.doc LM Appendix A West Sub-Area Scenario 1 Ongoing Operating Costs Fund Revenue Operating Cost Balance General $319,504 137,066 $182,439 State Gas Tax $39,195 52,524 ($13,329) Sanitary Sewer $24,792 10,514 $14,278 Storm Sewer $11,916 9,604 $2,312 Water $217,120 84,960 $132,160 One-time Ca ital Costs Fund Fund Balance/Capital Capital Improvements Balance Revenues Traffic Impact Fee $0 $0 $0 Parks SDC $0 $1,675,000 ($1,675,000) Water SDC $0 $0 $0 \\TIG333\USR\DEPTS\LRPLN\Barbara\ANNEXATION Final Report\Appendix A.doc Pagel MEN= Appendix A West Sub-Area Scenario 2 Ongoing Operating Costs Fund Revenue Operating Cost Balance General $574,613 $364,571 $210,042 State Gas Tax $82,293 $98,183 ($15,890) Sanitary Sewer $50,707 $22,076 $28,631 Storm Sewer $24,372 $20,165 $4,207 Water $455,860 $178,380 $277,480 One-time Capital Costs Fund Fund Balance/Capital Capital Improvements Balance Revenues Traffic Impact Fee $781,960 $1,928,000 ($1,146,040) Parks SDC $567,440 $3,375,000 ($2,807,560) Water SDC $706,186 $195,700 $510,486 \\TIG333\USR\DEPTS\LRPLN\Barbara\ANNEXATION Final Report\Appendix A.doc Page 2 E Appendix A West Sub Area Scenario 3 Ongoing Operating Costs Fund Revenue Operating Cost Balance General $447,059 $261,864 $185,194 State Gas Tax $60,744 $76,404 ($15,660) Sanitary Sewer $37,750 $16,295 $21,455 Storm Sewer $18,144 $14,885 $3,259 Water $336,490 $131,670 $204,820 One-time Ca ital Costs Fund Fund Balance/Capital Capital Improvements Balance Revenues Traffic Impact Fee $390,980 $1,928,000 ($1,537,020) Parks SDC $283,720 $2,497,500 ($2,213,780) Water SDC $353,093 $195,700 $157,393 \\TIG333\USR\DEPTS\LRPLN\Barbara\ANNEXATION Final Report\Appendix A.doc Page 3 Appendix A South Sutra-Area Scenario 1 Ongoing Operating Costs Fund Revenue Operating Cost Balance General $887,928 $541,657 $346,271 State Gas Tax $132,698 $164,764 ($32,066) Sanitary Sewer $85,761 $35,598 $50,163 Storm Sewer $41,220 $32,517 $8,703 Water $735,080 $287,640 $447,440 One-time Capital Costs Fund Fund Balance/Capital Capital Improvements Balance Revenues Traffic Impact Fee $88,140 $0 $88,140 Parks SDC $63,960 $5,400,000 ($5,336,040) Water SDC $79,599 $0 $79,599 \\TIG333\USR\DEPTS\LRPLN\Barbara\ANNEXATION Final Report\Appendix A.doc Page 4 Appendix A South Sub-Area Scenario 2 Ongoing Operating Costs Fund Revenue Operating Cost Balance General $1,244,099 $778,549 $465,549 State Gas Tax $189,207 $256,469 ($67,262) Sanitary Sewer $119,091 $50,757 $68,334 Storm Sewer $57,240 $46,365 $10,875 Water $1,048,110 $410,130 $637,980 One-time Capital Costs Fund Fund Balance/Capital Capital Improvements Balance Revenues Traffic Impact Fee $1,093,840 $5,444,000 ($4,350,160) Parks SDC $793,760 $7,768,000 ($6,974,240) Water SDC $987,844 $365,600 $622,244 \\TIG333\USR\DEPTS\LRPLN\Barbara\ANNEXATION Final Report\Appendix A.doc Page 5 Appendix A South Sub-urea Scenario 3 Ongoin Operatin Costs Fund Revenue Operating Cost Balance General $1,057,617 $673,712 $383,905 State Gas Tax $159,624 $207,997 ($48,373) Sanitary Sewer $101,639 $42,821 $58,818 Storm Sewer $48,852 $39,110 $9,742 Water $884,235 $346,050 $538,185 One-time Capital Costs Fund Fund Balance/Capital Capital Improvements Balance Revenues Traffic Impact Fee $567,260 $5,444,000 ($4,876,740) Parks SDC $411,640 $6,570,000 ($6,158,360) Water SDC $512,291 $365,600 $146,691 i i 1 1 1 \\TIG333\USR\DEPTS\LRPLN\Barbara\ANNEXATION Final Report\Appendix A.doc Page 6 M Appendix A !North Sub Area Scenario 1 Ongoing Operating Costs Fund Revenue Operating Cost Balance General $722,853 $516,800 $206,053 State Gas Tax $124,602 $144,651 ($20,049) Sanitary Sewer $75,949 $33,426 $42,523 Storm Sewer $36,504 $30,533 $5,971 Water $690,230 $270,099 $420,131 One-time Capital Costs Fund Fund Balance/Capital Capital Improvements Balance Revenues Traffic Impact Fee $149,160 $0 $149,160 Parks SDC $108,240 $5,175,000 ($5,066,760) Water SDC $134,706 $0 $134,706 i i i 3 \\TIG333\USR\DEPTS\LRPLN\Barbara\ANNEXATION Final Report\Appendix A.doc Page 7 appendix A North Sub-Area Scenario 2 Ongoing Operating Costs Fund Revenue Operating Cost Balance General $936,587 $699,038 $237,550 State Gas Tax $165,167 $188,222 ($23,055) Sanitary Sewer $101,639 $44,308 $57,331 Storm Sewer $48,852 $40,474 $8,378 Water $914,940 $358,020 $556,920 One-time Capital Costs Fund Fund Balance/Capital Capital Improvements Balance Revenues Traffic Impact Fee $924,340 $2,846,600 ($1,922,260) Parks SDC $670,760 $6,795,000 ($6,124,240) Water SDC $834,769 $189,200 $645,569 \\TIG333\USR\DEPTS\LRPLN\Barbara\ANNEXATION Final Report44ppendix A.doc Page 8 Appendix A North Sub-Area Scenario 3 Ongoing Operatin Costs Fund Revenue Operating Cast Balance General $828,156 $621,312 $206,844 State Gas Tax $143,742 $165,637 ($21,895) Sanitary Sewer $88,794 $38,561 $50,233 Storm Sewer $42,678 $35,224 $7,454 Water $796,260 $311,580 $484,680 One-time Capital Costs Fund Fund Balance/Capital Capital Improvements Balance Revenues Traffic Impact Fee $537,880 $2,846,600 ($2,308,720) Parks SDC $390,320 $5,917,500 ($5,527,180) Water SDC $485,758 $189,200 $296,558 \\TIG333\USR\DEPTS\LRPLN\Barbara\ANNEXATION Final Report\Appendix A.doc Page 9 Appendix A East Sub-Area Scenario 1 Ongoing Operatin Costs Fund Revenue Operating Cost Balance General $231,537 $102,946 $128,591 State Gas Tax $22,587 $29,993 ($7,406) Sanitary Sewer $16,403 $6,059 $10,344 Storm Sewer $7,884 $5,534 $2,350 Water $125,120 $48,960 $76,160 One-time Capital Costs Fund Fund Balance/Capital Capital Improvements Balance Revenues Traffic Impact Fee $133,340 $0 $133,340 Parks SDC $96,760 $855,000 ($758,240) Water SDC $120,419 $0 $120,419 \\TIG333\USR\DEPTS\LRPLN\Barbara\ANNEXATION Final Report\Appendix A.doc Page 10 Appendix A East Sub Area Scenario 2 On oin Operatin Costs Fund Revenue Operating Cost Balance General $1,050,707 $418,523 $632,183 State Gas Tax $99,150 $85,137 $14,013 Sanitary Sewer $89,880 $26,598 $63,282 Storm Sewer $43,200 $24,296 $18,904 Water $549,240 $214,920 $334,320 One-time Capital Costs Fund Fund Balance/Capital Capital Improvements Balance Revenues Traffic Impact Fee $2,350,400 $2,500,000 ($149,600) Parks SDC $1,705,600 $4,095,000 ($2,389,400) Water SDC $2,122,640 $65,900 $2,056,740 \\TIG333\USR\DEPTS\LRPLN\Barbara\ANNEXATION Final Report\Appendix A.doc Page 11 Appendix A East Sub-Area Scenario 3 Ongoing Operatin Costs Fund Revenue Operating Cost Balance General $641,478 $286,864 $354,614 State Gas Tax $60,868 $59,265 $1,603 Sanitary Sewer $53,142 $16,328 $36,814 Storm Sewer $25,542 $14,915 $10,627 Water $337,180 $131,940 $205,240 One-time Capital Costs Fund Fund Balance/Capital Capital Improvements Balance Revenues Traffic Impact Fee $1,243,000 $2,500,000 ($1,257,000) Parks SDC $902,000 $2,497,500 ($1,595,500) Water SDC $1,122,550 $65,900 $1,056,650 \\TIG333\USR\DEPTS\LRPLN\Barbara\ANNEXATION Final Report\Appendix A.doc Page 12 Appendix B Assumptions Streetlight Operating Costs $7 per light per month for streetlights in local streets $10 per light per month for streetlights in major collectors Road Maintenance Assumptions Frequency of Maintenance Scenario 1 North Cycle every 5 years West 6 South 6 East 6 Scenario 2 North Cycle every 4 years West 4 South 4 East 4 Scenario 3 North Cycle every 4.5 years West 5 South 5 East 5 Source of information: City of Tigard Engineering Department IALRPLN\Barbara\ANNEXATION Final Report\Appendix B.doc Appendix B CIP Assumptions: Assumptions are that Bull Mountain Road, Beef Bend Road, 150`h Avenue, Menlor Street and Sunrise Lane will have to be reconstructed and widened to collector standards. These improvements will be sometime in the next 20 years and are included in Scenarios 2 and 3, but not Scenario 1. By Area: North Menlor Street - From existing pavement across ravine to Scholls Meadow #2 (2,500') Sunrise Lane - North to existing paved area (1000') 1501h Avenue - Bull Mountain Road to Sunrise Lane (1,150') West Bull Mountain Road -Beef Bend Road to 150`h Avenue (3,450 South Beef Bend Road - 1315' Avenue to 1501h Avenue (5,085') Bull Mountain Road - 150th Avenue to 133`d Avenue (4,122') 150 Avenue - Bull Mountain Road to Beef Bend Road (5,950') Source of information: City of Tigard Engineering Department IALRPLN\Barbara\ANNEXATION Final Report\Appendix B.doc row" Appendix B Assumptions Streetlight Operating Costs $7 per light per month for streetlights in local streets $10 per light per month for streetlights in major collectors Road Maintenance Assumptions Frequency of Maintenance Scenario I North Cycle every 5 years West 6 South 6 East 6 Scenario 2 North Cycle every 4 years West 4 South 4 East 4 Scenario 3 North Cycle every 4.5 years West 5 South 5 East 5 Source of information: City of Tigard Engineering Department L\LRPLN\Barbara\ANNEXATION Final Report\Appendix B.doc Appendix B CIP Assumptions: Assumptions are that Bull Mountain Road, Beef Bend Road, 150th Avenue, Menlor Street and Sunrise Lane will have to be reconstructed and widened to collector standards. These improvements will be sometime in the next 20 years and are included in Scenarios 2 and 3, but not Scenario 1. By Area: North Menlor Street - From existing pavement across ravine to Scholls Meadow #2 (2,500') Sunrise Lane - North to existing paved area (1000') 150`}' Avenue - Bull Mountain Road to Sunrise Lane (1,150') West Bull Mountain Road -Beef Bend Road to 150th Avenue (3,450 South Beef Bend Road - 131St Avenue to 150th Avenue (5,085') Bull Mountain Road - 150th Avenue to 133`d Avenue (4,122') 150 Avenue - Bull Mountain Road to Beef Bend Road (5,950') Source of information: City of Tigard Engineering Department I:\LRPLN\Barbara\ANNEXATION Final Report\Appendix B.doc Appendix B TOTAL EAST VdEST SaUTH 58.3 NOItTN 3.8 7.5 $10,190,000 SCEf4AR10 0 23 24 $665,000 (7:8 ACRES $4,200,000 30J1,000) $4,025,000 $1,300,000 $2,815,000 ACQUISITION $190,000 ($175,0001ac) PARK $375,000 $1,200,000 $12,870 $192,820 pEvrr.LOPED $1 1150,000 $79,200 COST` $24,750 MAINT. COSTS TOTAL $76,000 1.5 ,$3,3001tota1 ac.) 0.1 0.64 0.2 FIE'S 0137.5 0.6 aC -112 t0ta1 acres x 100,000 Works Department public gource'.of information T TTfTt~T~rt~ OWN torrxi--~ EAST 9s . SOH 18 2 WEST 34.6 $17,133440 ,~,~pRTH 15 $3,1a5404 ~CE~yAR10 (7.6 302 $6,038,000 625,040 4,900,OQ4 ES $2, cR x,000) $5,285,0p0 910040 $323,400 1?30,000 Aca$60,06Q ($175V,00~l®c.) 750,000 $114,1$0 pARK 10,000 9.504 0VEL®pED 1,5 99,660 $4 2.62 T * T~TpI. $ 0.49 COVAT. 0.97- WWI COSTac) 0,3,300 X tots 0.4 0 a1 FIVSy ~,cl (1137 *112 total acres x 100,004 ~1T T ~ = Z 7['R TOTAL- .•v EAST 77 8 S013TH 11.1 WEST SCENARIO #3 IAORTH 11.1 292 $1%59000 .ls 26.3 $1,942,500 ACRES $5,110,000 1000) $1,942,500 $3885,000 (y,6 ac. x $4,602,500 A.. i$1TIOt~ $555,000 ($175,400tac, $1,460,000 $256,410 $555,000 $36,630 DEELOPI~IENT $1.315,000 $96,360 COST` $36,630 TOTAL. $86,790 2.08 MAINT. COSTS 0.3 ($3,300% ac) 0.78 0.3 O7 FTE's (1137.5 ac-) *112 total acres x 100,000 Appendix C Total All Areas General Fund Ongoing Operating Costs Fund Revenue Operating Balance Cost Scenario 1 $2,161,822 $1,298,469 $863,353 Scenario 2 $3,806,006 $2,260,681 $1,545,325 Scenario 3 $2,974,309 $1,843,752 $1,130,557 One-time Capital-Costs Fund Fund Balance/ Capital Balance Capital Revenues Improvements Scenario 1 $863,353 $0 $863,353 Scenario 2 $1,545,325 $267,200 $1,278,125 Scenario 3 $1,130,557 $267,200 $863,357 i i 1 i i 1 \\TIG333\USR\DEPTS\LRPLN\Barbara\ANNEXATION Final Report\Appendix C.doc Page I Appendix C Total All Areas State Gas Tax Fund Ongoing Operating Costs Fund Revenue Operating Balance Cost Scenario 1 $319,081 $391,932 ($72,851) Scenario 2 $535,816 $628,011 ($92,195) Scenario 3 $424,978 $509,303 ($84,325) One-time Capital Costs Fund Fund Balance/ Capital Balance Ca ital Revenues Improvements Scenario 1 ($72,851) $0 ($72,851) Scenario 2 ($92,195) $252,500 ($344,695) Scenario 3 ($84,325) $333,900 ($418,225) \\TIG333\USR\DEPTS\LRPLN\Barbara\ANNEXATION Final ReporMppendix C.doc Page 2 Appendix C i otal All Areas Sanitary Sewer Fund On oin Operating Costs Fund Revenue Operating Balance Cost Scenario 1 $202,904 $85,597 $117,307 Scenario 2 $361,318 $143,739 $217,579 Scenario 3 $281,324 $114,005 $167,319 One-time Capital Costs Fund Fund Balance/ Capital Balance Capital Revenues Improvements Scenario 1 $394,830 $0 $394,830 Scenario 2 $5,486,693 $1,510,100 $3,976,593 Scenario 3 $2,917,890 $1,510,100 $1,407,790 \\TIG333\USR\DEPTS\LRPLN\Barbara\ANNEXATION Final Report\Appendix C,doc Page 3 Appendix C Total All Areas Storm Sewer Fund Ongoing Operating Costs Fund Revenue Operating Balance Cost Scenario 1 $97,524 $78,188 $19,336 Scenario 2 $173,664 $131,300 $42,364 Scenario 3 $135,216 $104,134 $31,082 One-time Capital Costs Fund Fund Balance/ Capital Balance Capital Revenues Improvements Scenario 1 $82,000 $0 $82,000 Scenario 2 $1,139,500 $0 $1,139,500 Scenario 3 $606,000 $0 $606,000 \\TIG333\USR\DEPTS\LRPLN\Barbara\ANNEXATION Final Report\Appendix C.doc Page 4 Appendix C Total All Areas Water Fund Ongoing Operating Costs Fund Revenue Operating Balance Cost Scenario 1 $1,767,550 $691,659 $1,075,891 Scenario 2 $2,968,150 $1,161,450 $1,806,700 Scenario 3 $2,354,165 $921,240 $1,432,925 One-time Ca p ital Costs Fund Fund Balance/ Capital Balance Capital Revenues Improvements Scenario 1 $1,075,891 $322,854 $753,037 Scenario 2 $1,806,700 $542,094 $1,264,606 Scenario 3 $1,432,925 $429,996 $1,002,929 \\TIG333\USR\DEPTS\LRPLN\Barbara\ANNEXATION Final Report\Appendix C.doc Page 5 Appendix C Total All Areas Traffic Impact Fee Fund One-time Capital Costs Fund Fund Balance/ Capital Balance Capital Revenues Improvements Scenario 1 $370,640 $0 $370,640 Scenario 2 $5,150,540 $12,718,600 ($7,568,060) Scenario 3 $2,739,120 $12,718,600 ($9,979,480) \\TIG333\USR\DEPTS\LRPLN\Barbara\ANNEXATION Final Report\Appendix C.doc Page 6 Appendix C Total All Areas Parks SDC Fund One-time Capital Costs Fund Fund Balance/ Capital Balance Ca ital Revenues Improvements Scenario 1 $268,960 $13,105,000 ($12,836,040) Scenario 2 $3,737,560 $22,033,000 ($18,295,440) Scenario 3 $1,987,680 $17,482,500 ($15,494,820) i i i \\TIG333\USR\DEPTS\LRPLN\Barbara\ANNEXATION Final Report\Appendix C.doc Page 7 Appendix C 't'otal All Areas Water SDC Fund One-time Capital Costs Fund Fund Balance/ Capital Balance Capital Revenues Improvements Scenario 1 $334,724 $0 $334,724 Scenario 2 $4,651,439 $816,400 $3,835,039 Scenario 3 $2,473,692 $816,400 $1,657,292 i \\TIG333\USR\DEPTS\LRPLN\Barbara\ANNEXATION Final Report\Appendix C.doc Page 8 Appendix E METHODS OF ANNEXATION PROVIDED BY ORS CHAPTER 222 Method: Prior Election Election consent requirement within requirement required? City? within territory to be annexed? City Initiated - By the legislative body of the City, on its NO NO (City charter does YES own motion [ORS 222.111(2)] (requires public hearing not require, but and Ordinance which will set election and effective date Council can send to upon passage) election if desired) Subject to referendum Owner Initiated - By petition to the legislative body of YES NO (City charter does YES (if prior the city by owners of real property in the territory to be not require, but consent of annexed. [ORS 222.111(2)] (requires public hearing and Council can send to electors and land Ordinance which will declare the territory annexed upon election if desired) owners is not condition that a majority of votes cast in the territory provided, as being annexed favor annexation or as described in a, b Subject to referendum described in or c below) subsection a, b or c below, prior to action) a. 100% Owner and Majority of Electors - by YES NO NO written consent to annexation by all the owners of land and not less than 50% of the electors, if Subject to referendum any, in the territory [ORS 222.125] b. Triple Majority - by written consent to annex YES NO NO of more than half of the owners of land in the territory who also own, more than half of the land Subject to referendum in the territory and of real property therein representing more than half of the assessed value of all real property in the territory [ORS 222.170] (Triple majority discouraged because it may not be constitutional) c. Double Majority - by written consent of a YES NO NO majority of the electors in the territory along with the written consent of property owners of more Subject to referendum than half the land area in the territory. [ORS 222.170(2)] Island annexation - When territory not within a city is NO NO (City charter does NO surrounded by the corporate boundaries of the city, or by not require, but the corporate boundaries of the city and the ocean shore Council can send to or a stream, bay, lake or other body of water, except election if desired) when the territory not within a city is surrounded entirely by water. [ORS 222.750] Subject to referendum OEM Appendix D July 1, 2001-June 30 2002 Estimated Property Tax fora House With an Assessed Value' of $227.755 City of Tigard Unincorporated Washington County -_n W! ;TD'" ) Unincorporated Washington County ;t!'; si inct eassoe'(DAOreasel l Tax Area 23.74 Tax Area 23.78 KAlt , Tax Area 51.78 ifli$Citbeidldori Taxing District Rate Amount Rate Amount P Ttale 1 -214 nTirit "%2: Rate Amount zP't?~ Raft".'' ii A1t1e0M ' Schools Ed. Service Dist - NW Regional 0.1538 $35.03 0.1538 $35.03 0.0000 $0.00 0.1638 $35.03 0.0000 $0.00 Portland Community College 0.2828 $64.41 0.282e $64.41 0.0000 $0.00 0.2826 $64.41 0.0000 $0.00 Tigard School District-23J' 5.9892 $1.364.07 5.9892 $1,364.07 0.0000 $0.00 0.0000 $0.00 0.0000 $0.00 Beaverton School District-46' 0.0000 $0.00 0.0000 $0.00 0.0000 $0.00 4.6930 $1,068.85 0.0000 $0.00 Total Education Taxes' 6.4258 $1,463.51 6.4258 $1,463.51 0.0000 $0.00 5.1296 $1,168.29 0.0000 $0.00 General Government Washington Counv 2.6957 $613.96 2.6957 $613.96 0.0000 $0.00 2.6957 $613.96 0.0000 $0.00 Tualatin Valley Fire d Rescues 1.7752 $404.31 1.7752 $404.31 0.0000 $0.00 1.7752 $404.31 0.0000 $0.00 Port of Portland' 0.0701 $15.97 0.0701 $15.97 0.0000 $0.00 0.0701 $15.97 0.0000 $0.00 City of Tigard' 2.5131 $572.37 0.0000 $0.00 2.5131 $572.37 0.0000 $0.00 2.5131 $572.37 Metros 0.0966 $22.00 0.0966 $22.00 0.0000 $0.00 0.0966 $22.00 0.0000 $0.00 Washington County Enhanced Patrol 0.0000 $0.00 1.0534 $239.92 (1.0534) ($239.92) 1.0534 $239.92 (1.0534) ($239.92) Washington County Road Maintenance 0.0000 $0.00 0.2456 $55.94 (0.2456) ($55.94) 0.2456 $55.94 (0.2456) ($55.94) Wash. County Street Light Assessments $0.00 $35.00 ($35.00) $35.00 ($35.00) Total General Government 7.1507 $1,628.61 5.9366 $1,387.09 1.2141 $241.52 5.9366 $1.387.09 1.2141 $241.52 General Obligation Bonds Washington County 0.2659 $60.56 0.2659 $60.56 0.0000 $0.00 0.2659 $60.56 0.0000 $0.00 Portland Community College 0.2683 $61.11 0.2683 $61.11 0.0000 $0.00 0.2683 $61.11 0.0000 $0.00 Tigard School District - 23J 1.0476 $238.60 1.0476 $238.60 0.0000 $0.00 0.0000 $0.00 0.0000 $0.00 Beaverton School District-4e 0.0000 $0.00 0.0000 $0.00 0.0000 $0.00 1.6736 $381.17 0.0000 $0.00 Tualatin Valley Fire & Rescue 0.0531 $12.09 0.0531 $12.09 0.0000 $0.00 0.0531 $12.09 0.0000 $0.00 Port of Portland 0.0006 $0.14 0.0006 $0.14 0.0000 $0.00 0.0006 $0.14 0.0000 $0.00 City of Tigard 0.0658 $14.99 0.0000 $0.00 0.0658 $14.99 0.0000 $0.00 0.0658 $14.99 Metro 0.2273 $51.77 0.2273 $51.77 0.0000 $0.00 0.2273 $51.77 0.0000 $0.00 Tri-Met 0.1372 $31.25 0.1372 $31.25 0.0000 $0.00 0.1372 $3125 0.0000 $0.00 Total General Obligation Bonds 2.0658 $470.50 2.0000 $455.51 0.0658 $14.99 2.6260 $598.08 0.0658 $14.99 Grand Total 15.6423 $3,562.61 14.3624 $3,306.11 12799 $256.50 13.6922 $3,153.47 12799 $266.50 Notes 1 Assessed Value no longer equals Market Value 2 Annexation to a dry does not change the school district that serves the area 3 Permanent rate set by Measure 50 4 Education Taxes ate limited by Measure 5 to no more than $6 per $1,000 of Real Market Value, but Measure 60 established permanent rates per $1,000 of Assessed Value. The dtata rpesented is from the Washington County Assessors Office which is resonsible for monitoring tax rates. 5 Those areas that are served by Street Lighting Districts pay for the cost of operating and maintaining the street lights. Washington County reports that the average annual assessment per household is $35. Actual assessments will vary by districL gill' Appendix E METHODS OF ANNEXATION PROVIDED BY ORS CHAPTER 222 Method: Prior Election Election consent requirement within requirement required? City? within territory to be annexed? City Initiated - By the legislative body of the City, on its NO NO (City charter does YES own motion [ORS 222.111(2)] (requires public hearing not require, but and Ordinance which will set election and effective date Council can send to upon passage) election if desired) Subject to referendum Owner Initiated - By petition to the legislative body of YES NO (City charter does YES (if prior the city by owners of real property in the territory to be not require, but consent of annexed. [ORS 222.111(2)] (requires public hearing and Council can send to electors and land Ordinance which will declare the territory annexed upon election if desired) owners is not condition that a majority of votes cast in the territory provided, as being annexed favor annexation or as described in a, b Subject to referendum described in or c below) subsection a, b or c below, prior to action) a. 100% Owner and Majority of Electors - by YES NO NO written consent to annexation by all the owners of land and not less than 50% of the electors, if Subject to referendum any, in the territory [ORS 222.1251 b. Triple Majority - by written consent to annex YES NO NO of more than half of the owners of land in the territory who also own more than half of the land Subject to referendum in the territory and of real property therein representing more than half of the assessed value of all real property in the territory [ORS 222.1701 (Triple majority discouraged because it may not be constitutional) c. Double Majority - by written consent of a YES NO NO majority of the electors in the territory along with n the written consent of property owners of more Subject to referendum „ than half the land area in the territory. [ORS 222.170(2)] Island annexation - When territory not within a city is NO NO (City charter does NO surrounded by the corporate boundaries of the city, or by not require, but the corporate boundaries of the city and the ocean shore Council can send to or a stream, bay, lake or other body of water, except election if desired) when the territory not within a city is surrounded entirely by water. [ORS 222.750] Subject to referendum DRAFT For Internal Review Appendix F BULL MOUNTAIN ANNEXATION Q"""UESTION AND ANSWER PACKET DRAFT ANSWERS TO THE JULY 2001 FOCUS GROUP QUESTIONS CITY OF TIGARD NOVEMBER 8, 2001 DRAFT For Internal Review BULL MOUNTAIN STUDY AREA: DRAFT ANSWERS TO THE FOCUS GROUP QUESTIONS A. WASHINGTON COUNTY 1. What is the County's long-term outlook on services to this area if Tigard does not annex Bull Mountain? (Answer provided by Washington County and the City of Tigard) Washington County has no plans to change existing levels of County service to the area. If the annexation does not occur, service delivery would continue as it is. The County would continue to provide a basic level of service as it does countywide. Municipal-type services would be provided on a fee-for-service basis (building permits, street lighting, etc.) or through special service districts (Urban Road Maintenance District, Enhanced Sheriffs Patrol District, a possible future Park and Recreation District if voters set one up, etc.). The City of Tigard is continuing to provide some services such as planning, engineering, and building services in accordance with an intergovernmental agreement between Washington County and the City. This agreement is in effect for 5 years from the date it was executed (May, 1997) and may be renewed for an additional 5 years by mutual agreement. In addition, the agreement may be terminated by mutual agreement or by either party between the months of March 1 and July 1 of any year with 90 days written notice. 2. What are the County's current responsibilities to Bull Mountain residents? What is the vision of the County (i.e., what the County sees as its main roles in the future, as it applies to its entire area of governance)? (Answer provided by Washington County and the City of Tigard) Washington County has indicated that it sees itself both as a provider and as a convener (one who convenes or brings together partners in a given situation) of services. The County covers 727 square miles, 85% of which is rural. The population is over 450,000 residents; 90% of them live within the Urban Growth Boundary (half in their 12 cities, half in the urban unincorporated areas). Services the County provides to everyone include public safety (the Sheriff's Department, the jail, parole and probation, Community Corrections, the court system, district attorneys, victims' services, etc.), the county-wide road system (including maintenance and new capital construction), Juvenile Services, Housing Services, Health and Human Services (health clinics, child and family welfare, public health, restaurant inspections, solid waste and recycling), Assessment and Taxation, marriage licenses, passports, animal shelter and adoption services, funding support for the county's 12 libraries (city-supported and otherwise. For example, Tigard receives 62% of its overall operating funds for the Tigard Library which serves a population of 53,519), Aging and Veterans Services, Consolidated Emergency Management and support for Citizen Participation Organizations. Washington County does all this with the second leanest per capita staff of any County in the State of Oregon. According to Washington County, it cannot meet many more needs with current resources. Thus, the County strives for efficiencies in government, and also engage in broad Page 2 Oil DRAFT For Internal Review partnerships with the private and non-profit sectors. Currently, Washington County is engaged in a broad outreach effort called Vision West, which is bringing together the best minds in the County in areas ranging from education to health care, transportation, safety and the environment. Their on-going charge is to make sure public and private agencies converse and collaborate to improve the communities' future. The specific services the County provides include: • Roads - as part of the Urban Road Maintenance District (URMD), Bull Mountain property owners pay for and receive both County and URMD levels of maintenance to County and public roads in the area. County policy allocates available road maintenance funding with priority given to the major system (arterials and major collectors) throughout the County. Neighborhood roads (minor collectors and local streets) are the lowest priority, and as a result, have deteriorated relative to the major system over the years. The URMD is a special district that does provide road-related maintenance and repair on these minor collector, local and public roads in the urban unincorporated areas of Washington County. It provides a paved surface to fair or better conditions. The URMD also provides $100,000 per year for the Neighborhood Streets Program. • Law enforcement - Bull Mountain is part of the Enhanced Sheriff's Patrol District; thus its property owners pay for and receive both County and ESPD levels of law enforcement service. The County service level is .5 officers per 1000 and the ESPD provides an additional .5 officers per 1000 residents for a total of 1 per 1,000 residents. • Building services and Planning - the County currently has an intergovernmental agreement with the City of Tigard, under which the City provides land development and building services to residents of Bull Mountain directly, saving them the trip to Hillsboro. The County adopted the City's Development Code for this area. This agreement is in effect for 5 years from the date it was executed (May, 1997) and may be renewed for an additional 5 years by mutual agreement. In addition, the agreement may be terminated by mutual agreement or by either party between the months of March 1 and July 1 of any year with 90 days written notice. Street lighting - not required, but usually built in by developers with payment organized under a Service District for Lighting. This annual fee is included on a property owner's property tax assessment. Assessment varies from $32 to $37 per year, on average. The assessment amount is determined by three factors: 1) the number of property owners in each district, 2) the number of lights in the district, and 3) the type of lights. The assessment covers the operation of the lights, and is provided by the County through a contract with PGE. PGE owns the lights and will continue to own them upon annexation. • Library services - supported through the Washington County Cooperative Library Services (WCCLS) consortium. This is funded partially by County tax. The City of Tigard receives 62% of its overall operating funds for the Tigard Library from the WCCLS. Funding levels are determined by circulation, open hours, collection expenditures, etc. Page 3 DRAFT For Internal Review • Park services - none. • Fire protection - Bull Mountain residents receive fire protection directly from Tualatin Valley Fire and Rescue, to whom they pay a separate tax or assessment as part of their property taxes. • Community organizations - the County provides basic support for the Citizen Participation Organizations. CPO 4B has represented Bull Mountain over the years; however, it is presently inactive. • Code Compliance - compliance with standards found in the City of Tigard Development Code are enforced by the City of Tigard Code Compliance Officer as part of the intergovernmental agreement between the City of Tigard and Washington County. The County continues to regulate standards that are not covered in the City's Development Code including: solid waste, animal control, noxious vegetation, junk/cars and noise. (To see the difference between the County level of service and the level of service the City will provide if annexed; see table 3 in this document.) 3. Why did the County decide to be a County and not an urban/rural County that provides City services? How was the County 2000 vision created? (Answer provided by Washington County and City of Tigard) With approximately 200,000 County residents now living in urban unincorporated neighborhoods (outside cities), the demand on the County for neighborhood services has been steadily increasing. Planning for growth at the neighborhood level, traffic management, enhanced police patrol, local street maintenance and zoning enforcement are a few examples. These are the types of services that a city normally provides. Related to this is the issue of equity. City property owners pay City taxes to receive these local services, as well as County taxes for countywide programs. For years, County taxes paid by City property owners subsidized a portion of local services the County provided to urban unincorporated neighborhoods. The subsidy issue was raised by Cities and this was corrected in 1986 when the Board of County Commissioners adopted County 2000, a long-term financial plan. Recognizing its financial limitations and the underlying theme that the County cannot be all things to all citizens, County 2000 makes a distinction regarding the financing of traditional services that are of countywide benefit versus municipal-type services that benefit specific geographic areas. Updated in 1994, County 2000 focuses general purpose tax dollars on services that benefit residents countywide, regardless of whether they live inside or outside cities or in the rural area. The current County 2000 plan is the result of a comprehensive public review process during which the County gathered extensive public feedback, suggestions and evaluations. Every Board since 1986, including the current one, has maintained a policy that cities will eventually provide neighborhood services to the entire urban unincorporated area, sometimes Page 4 DRAFT For Internal Review in partnership with special districts like Tualatin Hills Park and Recreation District and Tualatin Valley Fire and Rescue. The County has maintained a position of "aggressive neutrality" with regard to annexation, with practicality and resident interest driving the timeline. However, lack of annexation may significantly impact the infrastructure of affected communities, potentially resulting in a lesser quality of life. For this reason the County is also working closely with Metro, the cities and special districts in setting Urban Services boundaries, preparing for future annexations (Senate Bill 122). In 1997, the County entered into an intergovernmental agreement with the City of Tigard, turning over certain urban services including land development, building permits and some local road maintenance for the Bull Mountain area to the City. This agreement is in effect for 5 years from the date it was executed (May, 1997) and may be renewed for an additional 5 years by mutual agreement. In addition, the agreement may be terminated by mutual agreement or by either party between the months of March 1 and July 1 of any year with 90 days written notice. 4. Explain how Senate Bill (SB) 122 relates to the annexation process. (Answer provided by Washington County and City of Tigard) In 1993 the state legislature passed Senate Bill 122, which requires the coordination and provision of urban services for lands within the urban growth boundary. It requires the collaboration of counties, cities and special districts to determine which jurisdiction will be responsible for the long-term provision of urban services (such as sanitary sewers, water, fire protection, parks, open space, recreation, streets/roads, and mass transit) to residents of unincorporated areas. The County, the CPOs and SB 122 Citizen Involvement Advisory Committees have been working with the cities of Beaverton, Tigard and Hillsboro for the past few years helping settle urban services boundary lines. The City of Tigard and Washington County have had an Urban Services Agreement in effect since 1997 that transfers land development and building permit responsibility to the City of Tigard. This agreement is in effect for 5 years from the date it was executed (May, 1997) and may be renewed for an additional 5 years by mutual agreement. In addition, the agreement may be terminated by mutual agreement or by either party between the months of March 1 and July 1 of any year with 90 days written notice. 5. Who should residents talk to at the County about annexation and County service issues? (Answer provided by Washington County) If it is a question of policy, the appropriate contact is their County Commissioner Roy Rogers or County Chairman Tom Brian. Staff points of contact are Walt Peck, County } Communications Officer, 593-846-2013, or Anne Madden, Sr. Program Educator, Department of Land Use and Transportation, 503-846-4963. s 6. If there is no parks department at the County, how does the County deal with park issues? (Answer provided by Washington County) The County parks effort is focused on Hagg Lake and Metzger Park. Hagg Lake is supported entirely by user fees and Metzger Park is supported 2/3 through a Local Improvement Page 5 DRAFT For Internal Review District (LID) and 1/3 through user fees collected from the rental of Metzger Hall. The County owns other properties that are designated as parks but are not developed. The only park land that has been purchased in the Bull Mountain area is a portion of the Cache Creek site, however, there are no plans at this time for the County or City'to develop it. Otherwise, all other park services in the County are provided by local park providers such as Tigard, THPRD, and Hillsboro. The remaining unincorporated areas receive no park services if they are not in the THPRD territory. Individuals living outside the THPRD district can pay a non- resident price to use THPRD facilities. 7. What is the Washington County permanent tax rate? (Answer provided by Washington County) The County rate is $2.2484 per $1,000 of assessed valuation. It should be noted, however, that the permanent rate does not include special district assessments such as the URMD or ESPD. For a complete breakdown of assessments paid on property taxes, refer to Table 6 at the back of this document. 8. How much money is now available for infrastructure under Washington County? (Answer provided by Washington County) The County does not have a dedicated amount of resources available for infrastructure improvements. Most large projects (such as the new jail) are funded through voter-approved bond measures. Other projects, such as transportation improvements, are funded through the discretionary distribution of property tax resources. For sewer related capital improvement projects, Clean Water Services updates a five-year Capital Improvement Program (CIP) annually during the budget process. From this document, an annual construction program is developed and included in the annual budget. The Sanitary Sewer Construction Fund in the current FY 2002 budget includes more than $52 million. Proposed treatment facility projects account for $24 million; collection capital projects, $23 million; and planning and support projects, nearly $5 million. However, the CIP generally supports the major sewer projects; a transportation analogy might be the funding of the State or County road system. As with improvements to the local street system, the local sanitary sewer system is generally funded by the adjacent (or directly benefited) property owners. As a result, most of the local sewer system is funded by development or through local improvement districts (LIDs). The District's Board recently adopted a revised LID ordinance that does provide financial incentives, under certain conditions, for the sanitary sewer projects. Page 6 DRAFT For Internal Review 9. What local service levies (i.e., Washington County Enhanced Patrol) or LIDs do Bull Mountain residents pay for in addition to the current County tax rate? (Answer provided by Washington County) • The Urban Road Maintenance District (URMD); the URMD tax rate is $.25 per thousand assessed valuation. County policy allocates available road maintenance funding with priority given to the major system (arterials and major collectors). Neighborhood roads (minor collectors and local streets) are the lowest priority, and as a result had deteriorated relative to the major system over the years. The URMD is a special district that does provide road-related maintenance on these minor collector, local and public roads in the urban unincorporated areas of Washington County. District revenue is from a property tax that residents voted to assess themselves in 1994 and is unique to Washington County (as far as we know). Since formation of the URMD, neighborhood roads have improved. In 1997, Ballot Measure 50 passed, which made the URMD permanent. • Enhanced Sheriffs Patrol District (ESPD); the ESPD tax rate is $1.0534 per $1,000 assessed valuation The ESPD program began in 1988 and provides (approximately) an additional .5 officers per 1,000 residents. This is in addition to the County-wide provision of .5 officers per 1,000 residents. • Service District for Lighting (SDL) Property owners of urban unincorporated areas pay for their street lighting services (if they have street lights) through the SDL. The average charge is somewhere between $32 and $37 per year per property owner. The assessment amount is determined by three factors: 1) the number of property owners in each district, 2) the number of lights in the district, and 3) the type of lights. The assessment covers the operation of the lights, and it is provided by the County through a contract with PGE. (Source: Washington County) B. SEWER/WATER/STREETS i 1. Will residents be forced to hook up to sewer or City water? If so, how much will it cost per household? If not, how can residents get access to City sewer or water, and how much will it cost to do so? (Answer provided by City of Tigard) i Once sanitary sewer is available in proximity to a property, the property owner has the option to connect after paying the appropriate fees. There is no fee to be paid until property owners choose to connect to the sewer, and there is no obligation to connect to the sewer if property owners continue to use an existing septic system as it is now being used. Property owners may, however, be required to connect to sewer if there is a sewer reimbursement district and Page 7 URHIr' T For Internal Review they do work that requires a building or land use permit. For residential developments, any building permit for a new building or for an addition, modification, repair or alteration exceeding 25% of the value of the building will trigger the need to connect to sewer. They would also be required to connect to sewer if their septic system fails. If the City chose to provide sewer service to fully developed subdivisions on septic, it would most likely be accomplished through a reimbursement district under the existing City program. The City would not be likely to propose a project unless there was an expectation that one-half of the owners would connect within three years. The City engineering staff estimated the cost of providing sewer service based on an existing subdivision in the Bull Mountain area. Based on this scenario, it is estimated that the cost would be approximately $6,000 per household. Under current policy, property owners must connect to the sewer within three years from the time sewer becomes available to take advantage of any benefits of the Incentive Program. However, if a property owner is able to wait fifteen years after the district formation date to connect, there is no reimbursement fee (except for the connection fee that is currently $2,335 which all property owners have to pay regardless of when they connect. This fee may increase over time). In addition, the property owner is responsible for the cost to bring the sewer line from the main line to the residence. Existing property owners on wells would not be required to connect to municipal water. For new developments, or in instances where property owners wish to connect to water, the property owner or developer would be required to pay for a water meter (price depends on the size of the meter required/needed) and, if needed, extension of the water main across the frontage of the property. Construction of a new well or to replace an existing well is determined on a case by case basis depending on many factors. For information on well placement or construction, contact the State Water Resources Department at 503-378-3739. 2. Are any street improvements planned? (Answer provided by City of Tigard) The City of Tigard, in cooperation with Washington County has scheduled to make minor improvements to the Bull Mountain/Roshak Road intersection. Bull Mountain Road, Beef Bend Road, 1501h Avenue, Menlor Street and Sunrise Lane have been identified as needing improvements (widening, resurfacing, etc.) to be brought up to collector standards in the future (within the next 20 years), however, they have not been incorporated into the City's or County's Capital Improvement Plan. C. DEVELOPMENT TRENDS 1. Will development trends on Bull Mountain change if annexed? (Answer provided by City of Tigard) The County developed its comprehensive plan for Bull Mountain in 1983. It established development standards which guided development. Tigard and Washington County have an Urban Planning Agreement that has been in effect since 1997, which gives Tigard the authority to review and approve land use applications, building permits and engineering permits. The area has been reviewed under the City's regulations since that time, while maintaining consistency with the County Comprehensive Plan standards for the area. When Page 8 DRAFT For Internal Review the Urban Planning Agreement was developed, findings were made that indicate that "the City has functionally equivalent plan and zoning designations ...because of the historic coordination between the County and the City." It is not anticipated, therefore, that there will be any change in the current development patterns as a result of an annexation. Should a property owner seek a change of land use designation to develop property in a way not allowed under the present zoning, the application would be reviewed and decided by the Tigard City Council in accordance with the City's standards. 2. Will the residents have a say in the vision for the Bull Mountain area? Will they get to decide how Bull Mountain should look? (Answer provided by City of Tigard) Yes, residents will have a say in the vision for the Bull Mountain area. Residents will have a say in who their representatives are by participating in the election process. If the Bull Mountain area is annexed into the City of Tigard, residents would have an opportunity to participate in any public process that would change plans for the area. However, the current zoning and development code standards will continue to apply and there are no plans for changes in the near future. If standards or zoning were desired to be changed at some later date, there would be notification to all affected property owners within 500 feet of a subject site and opportunities for public involvement at public hearings prior to any changes taking effect. 3. Will they be forced to accept a more citified look, such as sidewalks and street lights? (Answer provided by City of Tigard) Existing developments would not be forced to "upgrade" to a more urban look. New developments, however, are required to provide infrastructure (streets, sidewalks, lights, street trees, etc.) improvements. In addition, there may be opportunity through the City's capital improvement program (CIP) process to make street improvements in areas needing them which would result in upgrades as well. The City's annual CIP formulation process provides opportunities for citizen input through a wide variety of means including Citizen Involvement Team meetings, internet email, written correspondence, Planning Commission public hearing, and City Council public hearing prior to adoption of the CIP projects for implementation. Major streets such as Bull Mountain Road and Beef Bend Road may be widened at some point in the future to provide additional capacity and to accommodate alternative modes of travel (additional lanes, sidewalk on both sides, and bike lanes). Potential funding sources could be the Washington County Major Streets Transportation Improvement Program, the Countywide Traffic Impact Fee, or a bond issue that requires voter approval. 4. Will adding Bull Mountain to the City of Tigard create a need for additional multi- family built-density areas on Bull Mountain or within the City of Tigard? (Metro 2040 Growth Plan) (Answer provided by City of Tigard) No. Both the City of Tigard and Washington County currently meet their target population goals by requiring development to build at no less than 80% of the maximum zoning allowed in that zone. The existing zoning, adopted by Washington County, in Bull Mountain will Page 9 T DRAFT For Internal Review continue to apply and new developments will continue to be required to build to minimum densities. 5. Will zoning be changed because of annexation? (Answer provided by City of Tigard) No. The Urban Planning Agreement between the City and Washington County, and the City's development code, requires the City to apply the equivalent County zoning to land annexed into the City and not make any changes for at least one year. If, however, it is mutually agreed upon by both County and City Planning Directors at the time of annexation that the County designation is outdated, an amendment may be initiated before the 1 year period is over. There are no plans to change the zoning in this area. If zoning were desired to be changed at some later date, there would be notification to all affected property owners and opportunities for public involvement at public hearings prior to any changes taking effect. Notice would be provided to all property owners within 500 feet of a site specific land use proposal. In addition, public notice would be published in the local newspaper (usually in the Tigard Times). D. PARKS 1. Will annexation change the mindset of the City towards purchasing green space on Bull Mountain? Will Bull Mountain buy land for parks if annexed? (Answer provided by City of Tigard) Tigard has allocated Metro green spaces money to purchase land in the unincorporated area, but has not spent parks System Development Charges (SDC) generated by development in Tigard. The City's primary funding source for park improvements is the park SDC on new development. The park SDC is collected at the time a building permit is issued and is used solely for park acquisition or development. At present, the park SDC imposed on a single family house inside the City is $1,600. Because the City lacks jurisdiction and Washington County doesn't charge a park SDC, a single family house constructed in the Bull Mountain area contributes no fees for parks. Tigard is designated as the area's future park provider, but currently has no funding source to improve parkland conditions outside the unincorporated area in Bull Mountain. Annexation would allow the City to begin collecting the park SDC on new development within the annexed area. From June 1997, when the City first began providing services in the Bull Mountain area, to August 2001, the City issued pen-nits for 776 permits for single family and 56 multi-family housing units inside the Urban Services Area (Bull Mountain). Based upon the current City fee structure, had the City had authority to collect park SDCs during this period, approximately $1.3 million in SDC revenues would have been collected and been available for park acquisition and development. Over the last 8 months (March to October 2001), 200 permits were issued with a potential $328,000 of parks SDC finds going uncollected. The longer the area waits to annex, the more funds are lost and the less vacant land is available to begin to meet the area's park needs. In addition, property values are continuing to rise, making land all the more difficult to obtain. The City's primary source of funding for park maintenance is the City General Fund. Property taxes paid by City property owners and businesses provide the revenue for the fund. The unincorporated area does not pay City property taxes. Page 10 DRAFT For internal Review Bull Mountain annexation would not necessarily provide immediate revenue for parks. As new development occurs over time, park SDCs would be collected which could be used for park acquisition and improvements within the area. Revenues collected from property taxes would be used for the on-going maintenance of park facilities throughout the City. At the time of annexation, the beginning SDC and maintenance fund balances would be zero, unless the City Council chooses to provide start up funding from City resources (the General Fund). 2. What are the chances of Bull Mountain getting a park if it isn't annexed? (Answer provided by City of Tigard) County policy is that it does not provide park services within the area it governs and it does not charge a parks SDC. To date, the City Council has chosen not to invest limited City park dollars in providing park services in the unincorporated area. The City has applied some of its Metro greenspaces dollars to the Cache Creek property in the Bull Mountain area, as has Washington County. There are approximately 12 acres, but no development of the site using general fund dollars has been planned. Without additional funds, the City would not purchase additional park lands in the unincorporated area. 3. Will the study select locations for parks on Bull Mountain? What 9s the likelihood of a park located on the spine of Bull Mountain? (Answerprovided by City of Tigard) No, the scope of the study does not include selecting parks. However, in 1999, Tigard adopted a park system master plan that covered both the incorporated and Urban Services Areas. The plan identified future park needs and priority improvements. In the Bull Mountain Area, it identified the need for three neighborhood parks and one community park. An exception is that the City and County jointly acquired a 12-acre site on Bull Mountain for a nature park. The park is not open to the public at this time because the City does not have funds for park improvements and maintenance outside the City. In general, buildable residentially zoned property is very expensive, particularly property with a view amenity, such as the spine of Bull Mountain. A portion of the powerline corridor is close to the Bull Mountain summit. The park master plan identifies the potential opportunity for a playfield and a regional pedestrian and bicycle trail within the powerline corridor, however there has been concern about developing within this corridor and no development would be planned until these concerns are addressed and development and maintenance funds secured. E. LAW ENFORCEMENT 1. How will Law Enforcement service differ between County and City? (Answerprovided by City of Tigard) The County currently provides .5 officers/1000 people county-wide and an additional .5 officers/1000 people in the ESPD (Enhanced Sheriff Patrol District); the City of Tigard provides 1.5 officers/1000 people. If the entire Bull Mountain area were annexed at its current population, the City would need 10 additional officers and 3 additional cars to serve Page 11 DRAFT For Internal Review this area at the City's current service level. The City's average response time for Priority 1 calls is 3.5 minutes, for Priority 2 calls the average response time is 3.5 minutes and for Priority 3 calls the average response time is 6.5 minutes. Priority 1 calls are defined as calls involving threat of physical injury to life or property, Priority 2 calls are urgent, but not life and death matters (still dispatched immediately), and Priority 3 calls are routine calls, which must be dispatched within 15 minutes. Tigard Police continues to work under a mutual aid agreement with other jurisdictions which allows for Tigard to provide officers in another jurisdiction with aid when necessary and vice versa, however, this is generally for large scale need situations. 2. How will the City provide service to the area, since annexing adds a lot more land and people to the police service district? (Answer provided by City of Tigard) The City's police department will respond to calls originating in the Bull Mountain area. The level of service will be provided at the City's standard ratio; see #1. If the entire Bull Mountain area is annexed, the City will most likely create a new patrol district for the area. The City police department has indicated that they would want to locate a kiosk in the Bull Mountain area, with the annexation. The Chief of Police envisions the kiosk to be a small substation which would be used by patrol to make telephone calls, write reports, meet people, make computer queries, receive and give out information and to create a high visibility of a police presence in the area. It would not be staffed full time and would be used daily on an as needed basis by the officers. In the future, when the level of activity warrants it, they would like to have it staffed part-time. 3. How will the proposed Washington County Police consolidation affect us: will it eliminate the benefit of annexing to the City in the Law Enforcement area? (Answer provided by City of Tigard) It is unknown at this time how such a consolidation would affect law enforcement services in Washington County, if it occurred. There are numerous questions about such a consolidation, which include cost, service levels, local control and local identity, that have not been addressed. At this point, there are more questions than answers. To date, the study of consolidation of police services in Washington County has been promoted by the Washington County Police Officer's Association and a private citizen. Cities and the County have not suggested consolidation. Page 12 DRAFT For Internal Review E. ANNEXATION PROCESS AND OPTIONS 1. What is the process of annexation, and who votes on it? (Answer provided by City of Tigard) The following table identifies the methods of annexation available: Table 1 - METHODS OF ANNEXATION PROVIDED BY ORS CHAPTER 222 Method: Prior consent Election Election required? requirement within requirement City? within territory to be annexed? City Initiated - By the legislative body of the City, on NO NO (City charter does YES its own motion [ORS 222.111(2)] (requires public not require, but hearing and Ordinance which will set election and Council can send to effective date upon passage) election if desired) Subject to referendum Owner Initiated - By petition to the legislative body of YES NO (City charter does YES (if prior the city by owners of real property in the territory to be not require, but consent of electors annexed. [ORS 222.111(2)] (requires public hearing Council can send to and land owners is and Ordinance which will declare the territory annexed election if desired) not provided, as upon condition that a majority of votes cast in the described in territory being annexed favor annexation or as Subject to referendum subsection a, b or c described in a, b or c below) below, prior to action) a. 100% Owner and Majority of Electors - by YES NO NO written consent to annexation by all the owners of land and not less than 50% of the electors, if Subject to referendum any, in the territory [ORS 222.1251 b. Triple Majority - by written consent to YES NO NO annex of more than half of the owners of land in the territory who also own more than half of Subject to referendum the land in the territory and of real property therein representing more than half of the assessed value of all real property in the territory [ORS 222.170] (Triple majority discouraged because it may not be constitutional) n c. Double Maiori - by written consent of a YES NO NO N ~-4 majority of the electors in the territory along ~4 with the written consent of property owners of Subject to referendum more than half the land area in the territory. [ORS 222.170(2)] Island annexation - When territory not within a city is NO NO (City charter does NO surrounded by the corporate boundaries of the city, or not require, but by the corporate boundaries of the city and the ocean Council can send to shore or a stream, bay, lake or other body of water, election if desired) except when the territory not within a city is surrounded entirely b water. ORS 222.750 Subject to referendum Page 13 V 0AcT For Internal Review 2. Can the City annex only part of Bull Mountain? (Answer provided by City of Tigard) Yes. A preliminary recommendation will be made by City Council on how best to approach a possible annexation. Among the options are full, partial, or no annexation. Whichever course is chosen will be further refined in an outreach plan if Council directs staff to pursue annexation. In addition, individual parcels meeting the established City standards (they must be adjacent to the City limits, they must be able to be accommodated by necessary services, etc. - see Comprehensive Plan policy 10.1.2), may submit an annexation application at any time. 3. Can the area become its own city? (Answer provided by City of Tigard) ORS 221.020 and 221.031 allow for property owners to petition for incorporation of a city in an unincorporated area and sets forth the process. However, ORS 221.031 (4) states that when the area proposed to be incorporated lies within an urbanized area, the petition must be accompanied by a resolution approving the proposed incorporation by the city or cities whose proximity would otherwise prohibit incorporation. The City Council has not considered this issue. 4. Is there the possibility of any other city annexing the area? (Answer provided by City of Tigard) No. The Bull Mountain area is in the Tigard's Urban Services Area, which means that this area has been identified by Washington County and the City of Tigard as being part of the City of Tigard in the future. The area was identified in an Urban Planning Agreement between the City of Tigard and Washington County which was signed in 1988. Both jurisdictions have adopted this as an Area of Interest in their comprehensive plans. The area south of Beef Bend, however, is in King City or its Urban Services Area. G. RIGHTS AND LAWS 1. How will property owner rights, laws, processes of law, and mediation differ between the current County standards and City standards? (Answer provided by City of Tigard) In general, land use regulations will be the same as now, since the City of Tigard administers land-use regulations in the area. Municipal code standards will replace County code requirements and enforcement will be ultimately in municipal court. While we can not H provide an analysis of all issues in this document, below is a list of some common issues which explains the difference between the City standards and County standards: 7 a Page 14 MEMO= DRAFT For Internal Review Table 2 - Com arison of standards for Washington Count and Tigard Topic County standards in Bull Mountain area City standards in Bull Mountain area Noise No specific decibel level restrictions. Very Specific - decibel levels may not exceed Construction may not occur between 7pm 50db between the hours of 7am and l Opm or and 7 am Monday-Saturday and not at all 40db between the hours of lOpm and 7am. on Sundays or holidays. Between 7pm and Construction activity is prohibited between the l Opm no excessive people noises such as hours of 9pm and 7am Monday through yelling, etc. After IOpm enforcement is at Friday, 9pm-8am Saturday, 9pm-9am on the sheriff officer's discretion. Sunda . Tall grass and Complaint based- letter issued telling Complaint based- letter issued telling property weeds property owner to cut if nuisance exists owner to cut if nuisance exists Livestock Covered in City of Tigard Title 18 so there "When an agricultural use is adjacent to a is no difference between City and County residential use, no poultry or livestock, other since the intergovernmental agreement than normal household pets, may be housed or between Washington County and the City provided use of a fenced run within 100 feet of of Tigard was signed in May, 1997. any nearby residence except a dwelling on the same lot." TDC table 18.510.1, foot note 6. Abandoned/ On-street is enforced by Sheriff. On-street is enforced by the Police. inoperable Private property - can not have more than 5 Private property - can not have any in- Vehicles vehicles stored unless they are in a structure operable vehicles stored (other than in a or are driven in a 48 hour period. structure), however there is no limit on the number of vehicles stored as long as they are operable. Home Covered in City of Tigard Title 18 so there Anyone doing business out of the home must Occupations is no difference between City and since the have a home occupation permit: intergovernmental agreement between Type I - no employees or customers - cost is Washington County and the City of Tigard $175 in the URB ($30 in the City), good for was signed in May, 1997. (Properties in the duration of business City are charged a lesser fee at this time Type II - up to 1 employee or volunteer and 6 because the URB fees represent 100% cost customers per day. Notice to property owners recovery whereas the City fees are partially within 500 feet prior to decision. Cost is $883 subsidized by general fund dollars.) in the URB ($545 in the City), good for duration of business. The Washington County standards are very similar to the City's except it must be Note: additional regulations apply, see 18.742. renewed annually, allows a few more customers (up to 10, versus 6 in the City), and does not have a limit on the hours of operation (so businesses such as bed and breakfasts were allowed in the County but no new ones will be allowed under current City standards). Business Tax None Required to be paid yearly for anyone engaging in any business within the City of Tigard. Tax is based on the number of employees and ranges between $55 per year for up to 10 employees to $220 per year for 51 or more employees. Accessory Covered in City of Tigard Title 18 so there Detached accessory structures may not exceed Structures is no difference between City and County 528 square feet on sites less than 2.5 acres or since the intergovernmental agreement 1,000 square feet on sites larger than 2.5 acres. between Washington County and the City May not exceed 15 feet in height, may not be of Tigard was signed in May, 1997. The located in the front yard setback. Side or rear Washington County standard however, is: and setbacks are 5 feet. Page 15 DRAFT For Internal Review Detached accessory structures may not exceed 600 square feet for lots up to 12,000 square feet, 5% of the total lot area for lots between 12,000 and 24,000 square feet and may not exceed 1,200 square feet for lots larger that 24,000 square feet. Special setbacks for structures for livestock or poultry. If greater than 120 square feet, setbacks of the underlying zone apply. If less than 120 square feet, side or rear yard setback is 3 feet. Tree Removal Covered in City of Tigard Title 18 so there Commercial forestry is prohibited. is no difference between City and County Commercial forestry is the removal of 10 or since the intergovernmental agreement more trees per acre per calendar year, not between Washington County and the City associated with a development. Removal of of Tigard was signed in May, 1997. In less than 10 trees per acre per calendar year is addition, in certain areas in Bull Mountain, permitted. If trees are removed as part of a based on the Bull Mountain community development, a mitigation plan must be plan, tree removal for development is reviewed and approved. limited to 50%. Storage of RV's May store 1 RV or boat on private property, Can not be located on the street for more than however, it may not be occupied. 10 days per calendar year. May be stored on private property as long as it is outside of vision clearance areas. May not be occupied. Animal Control Washington County Animal Control Washington County Animal Control regulates regulates licenses, nuisances, removal of licenses, nuisances, removal of dead animals, dead animals, etc etc The above table is a GENERAL summary only, and it is strongly recommended that all property owners contact the City of Tigard and/or Washington County if there is a specific issue they would like information about. In instances where the City standards are more restrictive than the County standards, uses that were in existence and legally created prior to the Urban Services Agreement would be considered pre-existing non-conforming. A pre- existing legal non-conforming use may remain but may not be enlarged or expanded and may not be discontinued for more than 6 months without losing its non-conforming status. 2. How will the City's Development Code and Municipal Code affect the daily life of a Bull Mountain resident? (Answer provided by City of Tigard) In most cases the answer is that it won't, since land-use issues are now reviewed under Tigard's land-use code standards. There are additional County code issues relative to home occupations, construction hours, and public rights-of-way, that will come into play when annexed, however, citizens will see little difference from what they see now. People are encouraged to evaluate individual differences between the two jurisdictions by reviewing the various standards themselves. Page 16 DRAFT For Internal Review 3. Will existing home businesses (specific example was a bed and breakfast) have to change the way they operate? Will they need to pay more for permits? How will annexation affect home businesses? (Answer provided by City of Tigard) The bed-and-breakfast operation will become a nonconforming use in Tigard. A pre-existing legal non-conforming use may remain but may not be enlarged or expanded and may not be discontinued for more than 6 months without losing its non-conforming status. The City will be considering regulations for bed-and-breakfasts in the future. Existing home businesses would be required pay an annual business tax. Land-use permits are currently based on County fees, which are more than City fees. The City of Tigard is studying its fees, and they may change. All City home occupation standards now apply within the Urban Services Area with the exception of the existing County regulations that the City adopted, including prohibiting outside storage, distribution of materials or sales outside the home, and parking of a commercial vehicle as part of a home occupation, which are all part of the County code. 4. Currently, residents of Bull Mountain enjoy life as a rural community. Will annexation affect the current standards involving livestock, farmland, and rural atmosphere? (Answerprovided by City of Tigard) The Tigard Development Code provisions related to livestock state that when an agricultural use is adjacent to a residential use, no poultry or livestock, other than normal household pets, may be housed or be provided use of a fenced run within 100' of any nearby residence, except a dwelling unit on the same lot. Existing conditions would remain nonconforming unless changed by development. Regarding farmland and the area's rural character: Those areas considered for annexation are zoned for urban development at 5,000 sq-ft. lots. That is no different from Washington County. There are, however, many larger undeveloped lots that probably would still consider themselves "rural". These areas are most likely to be found in the eastern sub-area and found throughout portions of the southern sub-area. Please refer to the comparison provided in Table 2 above, that shows how some identified issues differ between the City and County. For specific issues, you will need to contact the City and/or County. There is no requirement for properties to develop, however, if land develops, it is required to be developed to the minimum density. The minimum density is calculated at 80% of the maximum. Washington County recently adopted similar standards. H. OTHER QUESTIONS 1. (Some) Bull Mountain residents like the County because the County has pretty much left them alone. Will the City continue this laissez-faire attitude? (Answer provided by City of Tigard) It was not clear what exactly was meant by this question since there are rules and regulations in the County that every resident must follow and if they are found to be in violation of a standard, appropriate action would be taken to bring them into compliance. The City of Page 17 DRAFT For Internal Review Tigard does not go out "searching" for violators of land use and development standards, however, if a resident or property owner is found to be in violation of a standard (and is not a pre-existing non-conforming use) the City's code compliance officer would work with them to bring them into compliance. Washington County and the City of Tigard have a variety of standards and regulations. Table 2, above, illustrates some of these differences. Both jurisdictions are complaint driven with regards to enforcement of regulations and standards. 2. How will the City identify what the residents want before and after annexation? (Answer provided by City of Tigard) The City held a Focus Group meeting with Bull Mountain residents in July 2001; the questions in this document reflect residents' queries at that meeting. The issue of annexation is subject to Council direction. Based upon the direction Council decides on, public outreach will be determined. 3. Does annexation affect school boundaries? (Answer provided by City of Tigard) No, school district boundaries for elementary, middle and high schools are determined by the school districts. In addition, there are two school districts: the Tigard-Tualatin School District and the Beaverton School District. The City is not a decision maker in the district or school boundary lines, however we do provide data, as requested, on the number of lots approved which helps each district in their school boundary decision making. 4. What is the difference in service levels between the County and the City? The following table summarizes the level of service provided in the County and what will be provided by the City if the area were annexed. Table 3 - Service Provision in the Bull Mountain Stud Area r p~ dS,{^„~ 6Gl~Cf2R. ~,.o,~~~~~Q ~ .t 1 -1 Police Washington County provides The City of Tigard provides Yes 1.0 officers/1000 people 1.5 officers/1000 people (.5 standard; .5 from Enhanced Patrol) Fire/Rescue Tualatin Valley Fire & Rescue Tualatin Valley Fire & Rescue No provides services. continues to provide services. Parks Washington County does not Tigard's Parks standard is 7.65 Yes provide parks services. acres for every 1,000 residents. This includes Greenways, trails, open space and improved parks. Until parks could be provided in Bull Mountain, the City ratio would be approximately 6.74/1000. Page 18 mill DRAFT For Internal Review General Road Washington County through the The City's road maintenance Yeso Maintenance Urban Road Maintenance District. performs maintenance on regular General street maintenance by the schedules as well as on a complaint- County is primarily on a complaint- driven basis. Typical maintenance driven basis. Typical maintenance activities include: activities include: . pothole patching • pothole patching • grading graveled roads • grading graveled roads cleaning drainage facilities o cleaning drainage facilities • street sweeping Y street sweeping • mowing roadside grass and • mowing roadside grass and brush (only the shoulder strip) brush (shoulder strip + ditch line) e maintaining traffic signals • maintaining traffic signals • replacing damaged signs O replacing damaged signs • installing and replacing street markings i crack sealing vegetaticn removal for vision clearance • street light tree trimming for light clearance. • dust abatement on graveled roads Sanitary Sewer Clean Water Services (CWS) The City of Tigard will meet the No same level of service as CWS. All service levels for CWS and surrounding jurisdictions must be uniform b Jul 2003. Storm Sewer Clean Water Services (CWS) The City of Tigard will meet the No same level of service as CWS. All service levels for CWS and surrounding jurisdictions must be uniform b Jul 2003. Water Intergovernmental Water Board Service remains the same. Tigard No contracts with the Tigard Water Water District will continue to provide District to provide water. water but will bill directly. Street Light Washington County administers The City of Tigard will assume all Yes Maintenance Service Districts for Lighting for costs for street light operations and PGE. Residents pay an annual maintenance for existing lights. operations and maintenance Residents do not pay a separate assessment. assessment. Community The City of Tigard provides building The City of Tigard will continue to Yes + Development and services-including land use provide building services to this area. Building Services decisions, building and engineering-under an All land use decisions will continue to intergovernmental agreement with be reviewed under the City Washington County. standards and through the City's hearing process. The City would be All land use decisions are reviewed the review authority for legislative under the City standards and actions as well (zone changes, through the City's hearing process comprehensive plan amendments, Page 19 DRAFT For Internal Review with the exception of legislative etc). actions (zone changes, Comprehensive Plan amendments, etc.) Library Washington County Cooperative The City of Tigard, which receives Yes Library Services (WCCLS) approximately 62% of its funding Consortium, which provides funding through the WCCLS. Bull Mountain through the county tax to area residents would have influence on libraries, including Tigard. the library's services, and could advocate for the services the want. Schools Both the Beaverton School District Annexation does not change school No and the Tigard School District district boundaries. provide service based on district boundaries. 1. COSTIBENEFIT ANALYSIS (Answers provided by City of Tigard) 1. What is the difference between the Washington County permanent rate vs. City of Tigard permanent rate? The County rate is $2.2484 per $1,000 of assessed valuation. The City of Tigard's rate is $2.5131. The County permanent rate pays for countywide services such as juvenile justice, jails, courts, social services, etc. The City permanent rate pays for local services such as police, parks, library, and a portion of land use planning and street maintenance services. Following annexation, Bull Mountain property owners, like all City of Tigard property owners, will pay both permanent rates. It should be noted that the permanent rate does not include special district assessments such as the Urban Road Maintenance District or Enhanced Sheriff Patrol District. Upon annexation, Bull Mountain property owners will not pay the special district assessments anymore. For a home assessed at $227,775, this amounts to a difference of $256.50 per year. Refer to Table 6 for a complete breakdown of property tax assessments. 2. Ilona would annexation affect Tigard's "tax base" and tax rate? Since the passage of Measure 50, there are no longer any tax bases in the State of Oregon. Measure 50 eliminated tax bases in favor of permanent tax rates. Tigard's rate will not change as a result of annexation. Following annexation, the City permanent tax rate will be a applied to assessed values in the newly annexed area, producing additional property tax revenue for the City to help pay for City services provided to those areas. a 3. What would property taxes be if annexation happens? Property taxes will be based on Tigard's permanent rate and the total assessed value of your property. The tax rate is permanent. For a home assessed at $227,755, annexation would increase taxes by approximately $256.50 per year. See the attached Table 6 for a complete breakdown of all the assessments paid in the County and the City of Tigard. If the assessed Page 20 DRAFT For Internal Review value increases, the property tax paid will increase as well, however, it should be noted that a property's assessed value can only be raised a maximum of 3% per year. 4. Would there be any additional taxes beyond property taxes (such as existing local option taxes in Tigard)? Currently, the City of Tigard has one General Obligation Bond tax levy for construction of the Civic Center and transportation improvements. For a home assessed at $227,755, it equates to approximately $51.77 a year. The last year of this levy is FY 2002-03. Tigard does not have a Local Option Levy. Bull Mountain property owners now pay the following taxes for general government services, and would continue to pay them under annexation: Washington County, Tualatin Valley Fire & Rescue, Port of Portland and Metro. Bull Mountain property owners (like Tigard property owners) now pay the following taxes to support General Obligation bonds, and would continue to pay them under annexation: Washington County, Portland Community College, Tualatin Valley Fire & Rescue, Port of Portland, Metro and Tri-Met. However, Bull Mountain property owners would cease paying the following taxes for general government services, as these services would be assumed by the City of Tigard: Washington County Enhanced Patrol, Washington County Road Maintenance and Street Lighting districts. For a home assessed at $227,755, the net increase (after subtracting the special district assessments and adding in the City of Tigard permanent tax rate and one general obligation bond) in property taxes would be approximately $256.50 a year. 5. What potential local option taxes are on the horizon? (schools, roads, etc.) Tigard is considering placing a General Obligation i3ond levy on the ballot in 2002 to build a new library. The size of the bond is currently under development, so the tax impact is not yet known. This information will be developed well in advance of t!le election. The Tigard-Tualatin School District is also considering a General Obligation Bond levy to be referred to the voters in 2002. Annexation to the City does not affect school district boundaries, however, so annexation will not affect this levy. (Attendance boundaries for elementary, middle and high schools are set by the respective school district. Annexation has no impact on the attendance boundaries.) The Washington County Cooperative Library Services 'WCCLS) is considering going out for a local option levy in 2002 , however, if this bond were approved it would be paid regardless of whether annexation occurred. Other overlapping jurisdictions may also be considering bond levies or Local Option Levies, but the City has no information on these plans. It should be noted that any decision on proposed bonds rests solely with the voters in the district to be served. Page 21 DRAFT For Internal Review 6. How much additional revenue for Tigard would annexation generate? What would the additional revenue be at build-out? The following table shows the Projected Revenues and Costs by Funds for Bull Mountain Area upon annexation with the existing population. Numbers in parentheses represent balance shortfalls. Table 4-4 - Ongoing O eratin Costs Fund Revenue Operating Balance Cost General $2,161,822 1,298,469 $863,353 State Gas Tax $319,081 391,932 ($72,851) Sanitary Sewer $202,904 $85,597 $117,307 Storm Sewer $97,524 78,188 $19,336 Water $1,767,550 691,659 $1,075,891 Table 4-B - One-time Capital Costs Fund Fund Balance/ Fcapital Improvements Balance Ca vital Revenues Traffic Impact Fee $370,640 0 $370,640 Parks SDC $268,960 $13,105,000 ($12,836,040) Water SDC $334,724 0 $334,724 Page 22 DRAFT For Internal Review The next table shows the Projected Revenues and Costs by Funds for Bull Mountain Area at build-out which is 80% of the maximum buildable using vacant and re-developable land. Table 5-A - Ongoing- O eratin Costs Fund Revenue Operating Balance Cost General $3,806,006 $2,260,681 $1,545,325 State Gas Tax $535,816 $628,011 ($92.195) Sanitary Sewer $361,318 $143,739 $217,579 Storm Sewer $173,664 $131,300 $42,364 Water $1,767,550 691,659 $1,075,891 Table 5-B - One-time Capital Costs Fund Fund Balance/ Capital Improvements Balance Capital Revenues Traffic Impact Fee $5,150,540 $12,718,600 ($7,568,060) Parks SDC $3,737,560 $22,033,000 ($18,295,440) Water SDC $4,651,439 $816,400 $3,835,039 7. How is the annexation study being paid for? Funding for this study comes from the City's General Fund. 8. How much money will be available for infrastructure under Tigard versus under Washington County? The Bull Mountain Study, prepared by the City of Tigard, identifies infrastructure needs for the entire area. Transportation and park improvements exceed revenue projections. At this n point funding strategies have not been determined to address the infrastructure needs of the N area. a 9. If annexation happens, how much of the Bull Mountain revenue stream will stay in the Bull Mountain area? How much will stay in Tigard, and where will it go? The City does not segregate revenues by geographic area. Revenues are used to provide needed services to all citizens. As part of the annexation study, the City is in the process of identifying those services needed in the Bull Mountain area, and if annexed, the City will provide services. Page 23 I IN DRAFT For Internal Review 10. By annexing, would the additional revenue coming to Tigard actually outweigh any additional costs to the City? The tables (4A, 4B, 5A and 5B) above show that, in some funds the City would have increase in revenue whereas in other funds the City would see a shortfall in order to provide the level of service currently provided to City of Tigard residents. 11. Are there additional benefits (such as grants) that become available to the City of Tigard if they annex Bull Mountain that aren't available now? Are there any negative consequences to the City if they don't annex Bull Mountain? The Federal Government offers the Entitlement City Program to those cities with a population of at least 50,000. The program makes cities eligible for HUD grants. The 2000 Census shows Tigard's population as 41,223. If Bull Mountain is annexed, 7,268 current residents will be added, for a total of 48,491. If the Bull Mountain area is fully built out to the minimum density, the study projects an additional 5,637 residents. The City would be eligible for Entitlement City grants in the year it reaches 50,000 population, which depends on the area's rate of growth. In addition to grants, certain state shared revenues (such as cigarette tax, liquor tax, state revenue sharing, and state gas tax) that are shared with cities based on formulas that include (among other factors) population. The share of these revenues to Tigard will increase with annexations. The City currently provides some services to the Bull Mountain area under contract to Washington County. These services (such as land use permitting and building inspection) will probably continue to be provided as along as fees charged for these services continue to cover costs. However, Bull Mountain residents also use City of Tigard facilities for which they are not assessed; i.e., the library and parks. Growth in population in an un-annexed area, such as Bull Mountain, requires increasing levels of service from the City without a corresponding increase in funding. This can result in lower levels of service for all citizens, whether they live in un-annexed areas or within the City itself. I:lrplan/Julia/annexation/Drag answers to the questions.doc 11/7/01 3:24 PM f Page 24 K . e AGENDA ITEM NO.2 - VISITOR'S AGENDA DATE : November 13, 2001 (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 K F01, PC L~ S flo- P,Q.1 Z. VISITOR'S AGENDA Page 1 AGENDA ITEM NO.2 - VISITOR'S AGENDA DATE : November 13, 2001 (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 N VISITOR'S AGENDA Page 2 / ~G CC G n 0ea rr V l'Si b) (5 A& I1~13/DI _J a Tigard 6 Leadership 9000 SW Durham Road • Tigard • Oregon • 97224 (503) 431-5518 • FAX (503)431-5410- http://ths.ttsd.kl2.or.us/leadership/home.html thsarezQhotmai1.corn 7 dV Ed4i OCTOBER 31 ST: HALLOWEEN ROOMS ?dat#~a lebnay, a NOVEMBER NTH-5TH. OASC FALL LEADERSHIP CONFERENCE ' ~.I~reaidetot ® NOVEMBER 13TH-22ND: Ada.. CANNED FOOD DRIVE 1iu.Brow fey.,, NOVEMBER 15TH 1.atteereCANNED FOOD FESTIVAL C~S'•' a ~ T ~3o7+desTe~mmr NOVEMBER 15TH:®MATD 0 TEACHER-FORUM ~HuiisnIi~laLlaarB , ~'Itimd~tl Boi+prnan : NOVEMBER 17 T~: rry~ ry COMMUNITY CANNED FOOD DRIVE COLLECTION ® NOVEMBER 26TH-DECEMBER 2167: r r Ailt* THESPIAN TREE LOT Yt+ene: fLas~f~a NOVEMBER 30TH a"nw`13giey~e GUITAR CLUB SHOWCASE T~chnolcgy: o DECEMBER 8TH: ~Dai nt.s Pt!e~•llllan WINTER FORMAL "Together we can succeed... by connecting the dots. " THS Leadership '01- '02 Mission Statement Nov 13 01 03:21p CITY OF TIGRRD PW 503 684 8840 p.1 12-NCV-01 M25PU ROM EXEC SERVICE 5035352763 T•196 P.01/03 P•524 Mims X6vember 9, 2001 tizebtr-RTOI ! L 113 c~ 1 Post-it* Fax Note 7677 '~7tO ~I /,~f3 patio°® * To From ~.a T`'ylef S Automotive ~fi7~+i ~c.K.d a Tigard, OR. CoADept. Co. Fax: 503-620-4483 Owne x Mono # ]Phone: 503=639-5588 Fax 0 ax e Re: Cbrisanas Tree T mnit 1`t Ur . Oregon Electric G mvp is pleased to submit for your ooxls~dccation o~zr prlpoeal for p~vidi>7g elmtdicul io yosar Christmas Tree. Oux pmposal is based on a site visit on ItiZovcmber 8, 2001. Included in this proposal: 1. Flus igh ait~tl Install: e- One (1) now 200 amp 240 volt singlo phase pawl. • b. One (1)mew 12 pole lighting contactor with photo-cell control to control the lights two dusk to dawn. Vtl c. Six (6) ci>murs at the panel below the tree to plug 4hc Christmas lights into. ~ d. Five (5) circuits on a seal eight Aix 100 feet long (0 2. Electr',,ea1 mspectiOns 1Md fees. TOW Quote: S4949 A Uernde No.1 Ynttrall Undeigs"otmd couftit, by boring method to g,t the power to the pmel location using a&ling exrerior paiel in C'leaner's parking IaL i Total Add: SW87 101034, i l7H AVENUE m P0WnAND, ORQGON 97214 • (4031234.49IY~ • fPJS (5031234.1001 . 12026 CA WAY DWE • !'1CIM, WASHNq" 98140 • ;206( 635 ' S -5 a FA91206) 0351= ' I 00\10/71' dHV w.w. :o aa,ar~,r "An Equal Opponvniiy Gbmpany* a Nov 13 01 03s21p CITY OF TIGARD PW 503 664 6640 p.2 18-NOV-AC 12:25Pt1 11ROW-01t EAC SERVICE 5035952181 T-116 P.02/53 F-524 Tylrs's Automotive Orkanas lis ua 11143101 ftCb&-kT01 Paso 2 of 3 ~etlificahons: a) Existing ove&wd feed is whatwill be used. Price is assuming that the wire is rated at 200 amps. if erdsting wire is not rated at 200 amps, new wire would need to be ksuzllod. .PAVMAnt P12n: 1. PaywcW i8 required within 30 (thirty) days of invoice billing. A finance charge al 1.5 percent per month stay be asmsed or, any balance owing (fists is = alvaual percentage rate of 18 perlceat2. 2. Costs for nay changes and/or a"tions to the original job scope are due upon cs>npletioa of ft wank to upon receipt of the invoice billing. I All collecticm rariu aixl anruacyB fcea rrquimd to collect monoy past d= will be paid by d= customer. Wan=ry Plans: 1. Oregon Etectdc Group warrants the repair and replacement of oquipmcnt acid matwinls. including the cast of our bflmr for can=iog defects„ limited to manufactt='s warrsaty pftiod to a mixim1tM1 acne yrar form Tarr of in.qtsllx i nn. Pleaso rovdew :his proposal, and give me a call if you have any questions. Should you choose to proceed with the project: please sign the stamment below and rBtt= m us. We will than be, calling you to schedule an electrician at the earliest convect i=z. Tn=k you for the oppornmity of assisting you with this project. RespecabUy. Rob Teague ScivkcitSmalL Projects Dept. CCt3#203 4 AGENDA ITEM # 3.2 d . FOR AGENDA OF November 13. 2001 MEMORANDUM CITY OF TIGARD, OREGON TO: City Council FROM: Bill Monahan DATE: November 6, 2001 SUBJECT: COUNCIL CALENDAR, November 2001- January 2002 Regularly scheduled Council meetings are marked with an asterisk If generally O%, we can proceed and make specific adjustments in the Monthly Council Calendars. November 12 Mon Veteran's Day - City Offices Closed * 13 Tues Council Meeting - 6:30 p.m. Study Meeting - Business Meeting * 20 Tues Council Workshop Meeting - 6:30 p.m. 22 & 23 Thurs/Fri Thanksgiving Holiday - City Offices Closed * 27 Tues Council Meeting - 6:30 p.m. Study Meeting - Business Meeting December *11 Tues Council Meeting - 6:30 p.m. Study Meeting - Business Meeting *18 Tues Council Meeting - 6:30 p.m. Study Meeting - Business Meeting 25 Tues Christmas Day - City Offices Closed Januarv 1 Tues New Year's Day - City Offices Closed *8 Tues Council Meeting - 6:30 p.m. Study Meeting - Business Meeting *15 Tues Council Workshop Meeting - 6:30 p.m. 21 Mon Martin Luther Ding, Jr. Day - City Offices Closed * 22 Tues Council Meeting - 6:30 p.m. Study Meeting - Business Meeting i Axdm\cathy\council\cccal.doc 1 Council Calendar - Page 1 Tigard GWY Council enda Tentative A9 -Greeter ►V Business rooter 12N110i - ly RonlGuslBU1 11127101 W Noon Business Due 0 min 11127101- Study session Forrnat - Bill -2 Noon Manager Review shop Due- 11113101 @ City o 11120101 'Work on & Tent _ 20 min Noon Study Sessi LCRB -Torn Due. 1115101 TMC Update - to Transaction o cs tin Exec Session - Real Esta ou To pt 30 W0 shop Howard - m atk Maintenance ' Update on S[dew on - dmintswor lntroducU in enda rt. Cash d Consent A0 TMC U date Repo °A Web A Site -Paul - 20 m date -Jim s Web & File: C Updates - d Cxation Report Up ReCetve iew of TM pull Mountain Anne Agenda Strees\13 -on. R&F: Re It on Rev min Julia - 45 min Consent grim Ave Session - Cath et Pol[ . B[il TSP Adoption Work Julia -10 in lniriate padrnouth Craig rove intern rove et Actton Up date - Jul Balloon att - Res Li hfin Retrofit - reemsnts for 0 of , M 20 min gudoet Amendment - ose- Caih - Sponsorship A Festival, & Broadway R Business ppeetin9 a an eamY onal Lea ue of Its - a e - 'm " min Council Liaison Repo Business Nati Meeting 10 min u oun rn on nexa on P provement Qistricts ''es p afe ~en01 ep 1 Im - - TMC Update - Loca -J4.04 Greg imJ & Ga ORD - i0 Mtn Found, $etxed & -10 TO Aban MC Update -Building Code - Mtn _ hang Update - doned, on tm T TMC en rope Restrictions - 10 min Tree Ltg TidTra[ler Parking and Central Business District' TMC Update - mc 10 min Ti9 10 min Bond Ron - U date - Jim N - coon ComM ORD & RES - ConstN Res - 30 Mtn New Libra afet - PH - Measure - Marg or poss 1 on 12118... llStL Gus' prelim[na Evaluation of Wa.LD•' 15 min page 1 Wadmlgreeritentaty agItentative.xts 11612001 r~ f T T~TT~T Tigard City Council Tentative Agenda 1115102 -Workshop Greeter . U8102 - Business TV >ts ~Q~ off. 1y18101 - Business Tv (tapedirePla I~t;e;^ qo Workshop Topics Noon (Ed - Greeter) Study session Council Goa, Setting (Si) - Placeholder Due: 1214101 ~ be selected) Session (separate date may study City Attorney Review - 20 min consent Agenda Consent Agenda RES - Pianning commission Appointments - Susan Business Meeting a Business Meeting 10n App°intee introductions - State of the City (SI) Mayor -11,111,111,21,111,1110" min planning Comm~ss "SI) - gill - 2p min Susan - 5 min en Draft Proposal- Executive Summary ( Vi gon 2001 Report - Loreen - 15 min Regional Drinkin Water Ag at. - Margaret A5 min Ed - 20 min Library pd 69th MCUpda Street Tte "Public Assemblies (galloon Street Vacation PH - Dartmouth ORD & REs - Ron -10 min Avenue - Matt -10 min - ?N ORD Festival} New Libra Constructton Comm Bond Measure - Margaret - PH - Res - 30 min Wall St L. D. - roval of Prelimina Engineering Stud - Gus - 5 min Sl =standing item 1Jadmlgreeritentaty agltentatiVe'xts IJadmlgreerftentaty agitentative-As page 2 1'1/612001 TTy'r T Lti a T TIMITn 'TT v AGENDA ITEM # 3. 3 FOR AGENDA OF . November 13.2001 CITY OF TIG.ARD, OREGON COUNCIL AGENDA ITEM SLM04ARY ISSUE/AGENDA TITLE Appointment of Bret A. Johnson as a Tree Board Member and Brooks Gaston as a Tree Board Alternate. PREPARED BY: Susan Koepping lV`' l DEPT HEAD OK CITY MGR OK ('O~ ISSUE BEFORE THE COUNCIL Appointing a member and an alternate to the Tree Board. STAFF RECOMMENDATION Adopt the attached resolution appointing Bret A. Johnson as a Tree Board member, and appointing Brooks Gaston as a Tree Board alternate. INFORMATION SUMMARY Attached is a resolution that, if approved would appoint Bret A. Johnson as a member of the Tree Board to complete the tern initiated by John Butruille. That term expires on April 30, 2003. This resolution also appoints Brooks Gaston as an alternate to the Tree Board for a tern that expires June 30, 2003. These appointments will fill the seven-member Board and provide 1 alternate. OTHER ALTERNATIVES CONSIDERED Delay the appointments VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY 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. N ATTACHMENT LIST 1. Resolution appointing Bret A. Johnson as a Tree Board member and Brooks Gaston as Tree Board alternate. 2. Citizen Interest Applications of Bret A. Johnson and Brooks Gaston FISCAL NOTES none SRI I yn. L' RECEIVED C.®.T: SEP 0 5 2001 Administration Citizen Committee Interest Application CITY F TIGARD OREGON Date: Name:/ ~'e-+ E-mail: Address (Res.): _ ) '2-2-715 Sk, rSµ 11 11-1+t, Res. Phone: '5D3--G3q -1 aZ Address(Bus.): 5486-- Bus.Phone: Length of Residence in Tigard: Suggested by: Where did you live previously: ZJA-4b, Educational Background: r fl Occupational Status and Background: 6,ar'~k , How long have you been employed with this firm: ~r az c Previous Community Activity:. Organizations and Offices: a Other Information (General Remarks): ' Boards or Committees Interested in: j Any other pertinent information you want to share? ; Please return this form to Susan Koepping, City of Tigard, 13125 SW Hall Blvd., Tigard, OR 97223 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772 1 AONFURht=r/7FN INTEREST.DOC U131'1JU1 14:51 *'.%1 SUJUN472UI Llty bt lig6FQ pozW-'Fax Note 7672 Ra~ 0 1 t3~/ o~?e?7G ~.t¢en1 ilnj.. DOW ,~r• _ iD?PVm~. ~i ~r~j~0 nn1 MInIsIrat►on Administration -Citizen Committee Interest Applicatio (11' OF TIGARD OREGON Date: Arcb 2, 2001 rXX Name: C7fOOIGS lion 1rt:tail: c 5 any n acCc*rn Address(Res.' _ 102"72 SW SAM S 11k,"aA 97123 Res. Phone: 68'6011 Address (Bus.): q100 lsw "Ac& Lk. CSu1Eyo-+ Bus. Phone 534.2343 - Length of Residence in Tigard: Six 111tmi115 Suggested by: Where did you live previously: ('NA19.11. TX Educational Background: IA. ""2' 014T Co`Wt~ ~e2,cnsri Cef~,:(~ca~~ - ~I ivv5t a 0c9s 9ri• M ,,~iG'M Occupational Status and Background: T haVL buA 4 -}eachCr or E "IA rnaddle.. u4~•~ si~ac. Ki96• T_c~rrz,r+~l •e. a~ ~jl~ uK,d U~ l,- How long have you been employed with this firm: b t'nbA46 4 ^ _ Previous Community Activity: /~9014 9ES C.6+pAtA rn"ii Sett orq~ Spt mor' ~Bmw ~'9~ &IA OLQWS CU y C.1rj7ni2GA G41mmund clt U L-3 U14 V Organizations and Offices: f~i 4o 6c a ar ;ci `f Other Information (General Rem arksr T 4lovlct tae w~~ ~ ~ ~rtc bo3rcl ;n " Wa _ Board; or Co.nmitters Interested in: I;q 3rd TfttR ~C~Vd Any other pertinent itlEorrnation you want to shard '~S° ~nj~lt5r2q in 5 at tin 9 " (~itr.Xs of 4& 76w,:~ 7ralAs " nrq~ntza~~on . Please refw-n this form to Susan Koepping, City of r'igard, 13115 SW liall Blvd., Tigard, 0,R.97223 13125 SW Hal B!vd.. Tlgord. OR 97223 (603) 639-4171 TDD (583} 684-2772 - . eewower~m[w wrt. rtt rc u. 6m AGENDA ITEM # FOR AGENDA OF l l - 13 - 01 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSLT/AGENDA TITLE Nominations to the Washington County Cooperative Library Services Board PREPARED BY: William A. Monahan DEPT HEAD OK &&2e-CITY MGR OK ISSUE BEFORE THE COUNCIL Should the City Council forward the nomination of Margaret Barnes, primary representative, and Anne Braun, alternate representative, to the Washington County Cooperative Library Services Board? STAFF RECOMMENDATION Staff recommends that the City Council nominate Margaret Barnes as the city's primary representative and Anne Braun as the city's alternative representative to the Washington County Cooperative Library Services Board. INFORMATION SUMMARY Annually, the city has an opportunity to nominate its primary and alternate representatives to the Washington County Cooperative Library Services Board. In the past, the Library Director has served as primary representative with the City Manager serving as alternate. The City Manager has recommended that a member of the Library Board serve as the alternate representative. Anne Braun has agreed to serve in this capacity. OTHER AQ'ERNATIVES CONSIDERED Appoint someone from the City Council or the public-at-large to serve as the alternate. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY N/A ATTACHMENT LIST None needed. FISCAL NOTES None needed. MOB MEMORANDUM CITY OF TIGARD, OREGON TO: Honorable Mayor and ity Council Members FRONT: Bill Monahan DATE: November 5, 200 SUBJECT: Washington County Cooperative Library Services Appointments Annually, the city has an opportunity to appoint both a primary and an alternate representative to the Washington County Cooperative Library Services Board (WCCLS). For the past several years I have served as the alternate with our Library Director serving as primary. Last year council approved my recommendation that Margaret Barnes serve as primary representative while 1 served as alternate. It is my recommendation that the alternate position be filled by a member of the Library Board. As a result, Margaret has polled the Board and been advised that Anne Braun has agreed to serve as the alternate to the Board. With council approval, i will forward Tigard's nominations for CLAB representatives to the Washington County Board of Commissioners as follows: Primary Representative Margaret Barnes Alternate Representative ......................Anne Braun MADAM LVIMAOSMWYOR a CC MAZ tMINATK NS-MG1.0M N =t AGENDA ITEM # 3. FOR AGENDA OF Nov. 13, 2001 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Bid Award for the Construction of the SW Gaarde Street Pressure Reducing Valve Vault (CIP No.W01-101) PREPARED BY: Dennis Koellermeier DEPT HEAD OK CITY MGR OK ISSUE BEFORE THE COUNCIL Shall the Local Contract review Board authorize the award of bid to the lowest responsible and qualified bidder for the construction of the Gaarde Street Pressure Reducing Valve Vault. STAFF RECOMMENDATION Staff recommends that the Local Contract Review Board award the bid for the SW Gaarde Street Pressure Reducing Valve Vault construction project to the lowest responsible and qualified bidder, W.G. Moe & Sons in the amount of $128,750. INFORMATION SUMMARY Staff advertised for bid on September 25 and 27, 2001 in the Daily Journal of Commerce and September 27, 2001 in the Tigard Times for the construction of SW Gaarde Street Pressure Reducing Valve Vault. Bids were opened and read on October 18, 2001, at 2:OOPM. There were ten bids received ranging from $128,750.00 to $205,362.58 and are listed below: WG Moe & Sons 128,750.00 P.C.R., inc. 139,936.80 SunQuest Construction 129,146.72 Rotschy, Inc. 140.763.25 LLC 134,448.15 Kerr Contractors 153,836.00 Daneal Construction 137,101.50 Oregon Excavation, Inc. 158,020.50 Clackamas Construction 139,929.00 Schneider Equipment 205,362.58 After review and investigation, W.G. Moe & Son's bid is considered to be responsive and the firm is qualified to perform the work. i OTHER ALTERNATIVES CONSIDERED 1. Reject all bids. 3 2. Award the bid to the next lowest responsible and qualified bidder. 3. Give staff further direction VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY Action plan #3 of strategy #3 under the "Water and Stormwater" goal states that Tigard should develop ways to control access to water which would not allow growth to outgrow water supply. This project supports that action plan by developing the water infrastructure to allow improved delivery of water to those areas of Tigard most affected by growth. ATTACHMENT LIST N/A FISCAL NOTES There is $150,000 budgeted for this project in the Water CIP fund. AGENDA ITEM # 4- FOR AGENDA OF November 13, 2001 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TY VLE _ Consider an Ordinance Amending Chapter 5.12 of the Tigard Municipal Code Ls PREPARED BY: Liz Ne~1vton/Cra±g; osser. DEPT HEAD OK CITY MGR OK ISSUE BEFORE THE COUNCIL Consider an ordinance to amend Chapter 5.12 of the Tigard Municipal Code. STAFF RECOMMENDATION Approve the proposed ordinance. INFORMATION SUMMARY Chapter 5.12 of the Tigard Municipal Code is the ordinance that sets forth how the city regulates and administers the cable system. The ordinance was originally adopted in 1979 and, other than reformatting, has not been changed since. Staff reviewed the o. a :e and also had Sarah Hackett, Senior Communications Analyst with the Metropolitan Area Communications Commission (MACC) review the ordinance. The attached memo summarizes the proposed amendments. Essentially the amendments would delete details regarding cable franchise selection and administration and would add some definitions. OTHER ALTERNATIVES CONSIDERED Suggest additiona, ,mendments to the proposed ordinance. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY N/rte ATTACHMENT LIST 1. Memorandum from Liz Newton and Craig Prosser dated October 30, 2001. 2. Proposed Ordinance and Exhibit "A". FISCAL NOTES N/A MEMORANDUM TO: Honorable Mayor and Council FROM: Liz f~7~wvto ssistant to the City Manager Craig Prone, Finance Director DATE: October 30, 2001 RE: Revisions to Chapter 5.12 of the Tigard Municipal Code Chapter 5.12 of the Tigard Municipal Code sets forth how the city regulates and administers the cable system. The ordinance has not been revised since its' original adoption in 1979. We reviewed the ordinance and also asked Sarah Hackett, Senior Communications Analyst with the Metropolitan Area Communications Commission (MACC), to review the ordinance. Here is a summary of the changes shown in Exhibit "A" to the proposed ordinance: • Section 5.12.010 and throughout the chapter replace "communications" with "system." • Section 5.12.020 Definitions - - Delete "communications" from the term cable communications system. - Expand the definitions of cable system and franchise. - Add definitions for "franchise" and "PEG access." • Section 5.12.040 Selection of Franchise - Delete sections that are too specific regarding information required in request for proposals. The specific requirements do not need to be in the ordinance and in fact, if the city wanted to change requirements, the ordinance would have to be amended. • Section 5.12.050 Administration of Cable System Ordinance and Franchise - Delete specific powers that can be enumerated in a contract or agreement with a provider. - Add a section that grants council the authority to take any action it deems necessary to ensure quality service. • Section 5.12.060 Violations, Penalties and Remedies (a) change the title from "violations, and penalties" to "operation without a franchise" to reflect the violation the penalties address. AGENDA ITEM # S FOR AGENDA OF November 13.2001 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Introduction of Tree Board member and alternate PREPARED BY: Susan Koeppin %LIEPT HEAD OK CITY MGR OK ISSUE BEFORE THE COUNCIL Appointments to the Tree Board were made as part of the Consent Agenda of this meeting. The new Tree Board member and alternate will be acknowledged by the Council. STAFF RECOMMENDATION Introduce the new Tree Board member, Bret Johnson, and Brooks Gaston, the alternate. INFORMATION SUMMARY Bret Johnson will complete the remainder of John Butruille's term on the Tree Board. Brooks Gaston will be the alternate to the Tree Board. Tres, Board members and alternates serve as volunteers using their experience, knowledge and community insight for the benefit of the Tigard community. OTHER ALTERNATIVES CONSIDERED If action is delayed on the appointments, delay action on the introductions. 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. FISCAL NOTES None \\TI G333\US R\D FPTS\AD M\S USANK\TAS KFORC\BCS UMZ01.DOC Agenda Item No. 5 November 13, 2001 Board, Committee, & Task Force Member Sign-In Name Board/Committee/Task Force I:\ADM\GREER\CCSIGNUP\BRD 8 COMM SIGN IN.DOC it I AGENDA ITEM No. 6 Date: November 13, 2001 I TESTIMONY SIGN-UP SHEET Please sign on the following page(s) if you wish to testify before City Council on: CONSIDER AUTHORIZING A LOAN FROM THE SPECIAL PUBLIC WORKS FUND Y ENTERING INTO LOAN CONTRACT WITH THE. OREGON ECONOMIC D COMMUNITY DEVELOPMENT DE PA T MENT Due to Time Constraints City Council May Impose A Time Limit on Testimony 1:%ADKGREER1CCSIGNUP1PH TESTMNY UPDATED e-13.DOC HE -MM a M AGENDA ITEM No. 6 PLEASE PRINT Pro anent - S eakin In Favor Opponent - S eakin Against) Neutral Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. Name, Address & Phone No. AGENDA # a FOR AGENDA OF November 13, 2001 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE A RESOLUTION AUTHORIZING A LOAN FROM THE SPECIAL PUBLIC WORKS FUND BY ENTERING INTO A LOAN CONTRACT WITH THE OREGON ECONOMIC AND COMMUNITY DEVELOPMENT DEPARTMENT. PREPARED BY: Craig Prosser DEPT HEAD OK CITY MGR OK ISSUE BEFORE THE COUNCIL Should the City Council authorize the City to take out a loan from the Oregon Economic and Community Development Department (OECDD) to finance the Cook Park improvement project over a 10-year period? STAFF RECOMMENDATION Approve the loan. INFORMATION SUMMARY On June 26, 2001, the City Council authorized staff to apply for a loan from the Oregon Economic and Community Development Department to help pay for the Cook park project. On August 2, 2001, the OECDD authorized the loan. The City must now sign a Financial Assistance Award Contract and a Community Facility Loan Agreement with OECDD to finalize this loan. This resolution authorizes the Finance Director to sign these documents and any related documents and certifications on behalf of the City. The total loan amount is $2,290,248. This loan will be repaid over the next 10 years from Parks SDC revenues. In the event that the Parks SDC revenues are insufficient to repay the loan, the City agrees to use General Fund dollars, including property taxes received from the City's permanent property tax rate to make debt service payments. This "full faith and credit" pledge provides a high level of security which results in a love interest rate for this loan. OECDD obtains funds to make the loan to Tigard and other communities by selling tax-exempt bonds. OECDD expects the bond sale that will fund this loan to occur in January. The loan agreement allows the City to obtain funds prior to the bond sale by signing a promissory note. If the City chooses to request this "pre-funding", the amount pre-funded will carry an interest rate of 2.58% until the final interest rate on the loan is set following the January bond sale. 7 Under OECDD regulations, the City had to publish notice of the Council meeting at which this resolution was to be considered. That notice was published on October 26, 2001. At the meeting, the Council will have to conduct a public hearing to allow interested parties to testify on the proposed resolution. OTHER ALTERNATIVES CONSIDERED Do not approve the loan agreement. In that case, the City will need to pay for Cook Park improvements as funds become available over time. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY The Cook Park project supports several of the Vision Task Force Goals, including: 1. Community Character and Quality of Life - Community Events - Goal #1 Community Aesthetics - Goal #1 2. Growth and Growth management- Goal #1 3. Urban and Public Services - Parks & Recreation Goals This project also supports the Council Goals of implementing the City Park Master Plan and providing recreational opportunities to Tigard citizens. ATTACHMENT LIST Resolution with attachments FISCAL NOTES The City will receive $2,290,248 from this loan. The interim interest rate is 2.58%. The final interest rate will be assigned in January after the State sells bonds to fund the loan. The final interest rate is expected to be less than 4.5%. goo EXHIBIT A "m7 Award Contract Page 1 of 8 STATE OF OREGON SPECIAL PUBLIC WORKS FUND - COMMUNITY FACILITIES FINANCIAL ASSISTANCE AWARD CONTRACT This Contract is made and entered into as of by and between the STATE OF OREGON, ACTING BY AND THROUGH ITS ECONOMIC AND COMMUNITY DEVELOPMENT DEPARTMENT ("State") and the City of Tigard ("Borrower"). The reference number of this Contract is K02001. RECITALS WHEREAS, the award of financial assistance which is the subject of this Contract is authorized by ORS 28513.410 through 28513.482 (the "Act"); and WHEREAS, a reasonable estimate of the Costs of the Project, as hereinafter defined, is Two Million, Five Hundred and Forty Thousand, Two Hundred and Forty-eight Dollars ($2,540,248); and WHEREAS, the Borrower is authorized to enter into this contract with the State under ORS 285B.437(1); and WHEREAS, the State has reviewed the Borrower's application and determined the Project, as hereinafter defined, meets the eligibility requirements and merits funding; and WHEREAS, the State is willing to provide a Loan of $2,290,248 to the Borrower on the terms and conditions of this Contract. NOW, THEREFORE, the parties agree as follows: SECTION 1 CERTAIN DEFINITIONS As used in this Contract, the following terms shall have the following meanings: "Act" shall mean ORS 28513.410 through 28513.482, as amended. "Award" shall mean written notification from the State offering a Loan to the Borrower. i "Contract" means this contract between the State and the Borrower, including any exhibits, schedules and attachments thereto, as amended from time to time. "Costs of the Project" shall mean all eligible costs of acquiring and constructing the Project, including MIN RIM 1llllllllllZ 7 any financing costs properly allocable to the Project, as set out in the approved Project Budget in Exhibit B to the Loan Agreement. "Default" shall mean an event which with notice or lapse of time or both would become an Event of Default as set out in Section 7 hereof. Program Development%temp3453 Award Contract Page 2 of 8 "Event of Default" shall mean any of the events described in Sections 7(A) through 7(E) of this Contract. "Loan" shall have the meaning ascribed thereto in Section 2(A) of this Contract. "Loan Agreement" shall mean that certain loan agreement, substantially in the form of Exhibit 1 attached hereto and by this reference made a part hereof, entered into between the State and the Borrower, as such agreement may from time to time be amended and/or restated. "Loan Closing Date" shall have the meaning ascribed thereto in the Loan Agreement. "Loan Closing Deadline" shall have the meaning ascribed thereto in the Loan Agreement." "Maturity Schedule" shall mean the scheduled payments of principal and interest required to be made by the Borrower pursuant to the schedule set forth in Exhibit G, attached hereto and by this reference incorporated herein. "Note" shall mean that certain promissory note, substantially in the form of Exhibit F to the Loan Agreement, executed by the Borrower in favor of the State, as it may from time to time be amended, extended, renewed or restated. "Project" shall have the meaning ascribed thereto in the Loan Agreement and described in Exhibit A of the Loan Agreement. "Proiect Completion Date" shall mean the date on which the Borrower has in fact completed the construction of the Project, as described in Section 3.02(d) of the Loan Agreement. "Special Public Works Fund" shall mean the Special Public Works Fund created by ORS 285B.455(1). "State Bonds" shall mean the bonds or other obligations, if any, issued by the State of Oregon, acting by and through its State Treasurer, to fund, refund or refinance the Loan. SECTION 2 FINANCIAL AWARD A. Amount of Loan Subject to the terms and conditions of this Contract and the Loan Agreement, the State agrees to loan and disburse to Borrower, and Borrower agrees to borrow and accept from State, a loan in the principal amount of Two Million, Two Hundred and Ninety Thousand, Two Hundred and Forty-eight Dollars ($2,290,248) as further described herein and in the Loan Agreement (the "Loan"). The interest rate on the Loan shall be based on the interest rates of the serial maturities of the State Bonds. II; B. Availability of Funds The Loan set out in Section 2(A) above is subject to the availability of moneys in the Special Public Works Fund. C. Chance in the Act Program Developmentltemp3453 A -rrJ tr~Qn4rnr} Page 3 of 8 The State shall not be obligated to provide the Loan if, on or prior to the time th,~ `;orrower satisfies all conditions for disbursement of the Loan, there has been a change in the Act so that the Project is no longer eligible for the financial assistance authorized by this Contract. D. Drawdowns The Borrower must submit drawdown requests for the Loan on a State-approved cash request form. E. Participation Rate The Borrower shall finance no more than ninety and sixteen percent (90.16%) of the Costs of the Project from the Loan ("Participation Rate"), and the Borrower agrees that notwithstanding any other provision of this Contract, the aggregate drawdowns on the Loan shall not exceed the Participation Rate times the Costs of the Project. SECTION 3 USE OF AWARD A. Eligible Activities The use of the Loan is expressly limited to the Project activities described in Exhibit A of the Loan Agreement. The use of these funds is also expressly subject to the Special Conditions of Award set out in Exhibit D in the Loan Agreement, attached hereto and by this reference incorporated herein. B. Ineligible Activities No part of the Loan shall be used for: 1. Administrative costs; 2. Costs incurred prior to award of funds to the Borrower except in the case of preliminary and final engineering, surveying, architectural reports and other support activities necessary to the construction of the Project; 3. Assistance to facilities which are or will be privately owned; 4. Purchase of equipment, such as motor vehicles, not directly appurtenant to the Project; 5. Purchase of off-site property for project-related purposes such as wetland mitigation or other uses not directly related to the Project; 6. Operation and maintenance expenses; SECTION 4 [RESERVED] SECTION 5 REPRESENTATIONS OF THE BORROWER The Borrower represents and warrants to the State that: A. Costs of the Project A reasonable estimate of the Costs of the Project is $2, 540,248. Program Devolopmen0lemp3453 §1 1 Award C ontract Page 4 of 8 B. Binding Obligation This Contract has been duly authorized, executed and delivered by the Borrower and constitutes the legal, valid and binding obligation of the Borrower, enforceable in accordance with its terms. C. Proceeding with Project; Issuance of State Bonds The Borrower shall proceed expeditiously to complete the Project or any segment or phase ofthe Project in accordance with the plans and schedules approved by the State. SECTION 6 COVENANTS OF BORROWER The Borrower covenants as follows and understands that the requirements of the covenants may only be waived or amended by a written instrument executed by the State: A. Compliance with Laws The Borrower will comply with the requirements of all applicable laws, rules, regulations and orders of any governmental authority that relate to the construction of the Project and the operation of any utility system of which the Project is a component. In particular, but without limitation, the Borrower shall comply with: 1. State procurement regulations found in ORS Chapter 279. 2. State labor standards and wage rates found in ORS Chapter 279. 3. State municipal finance and audit regulations found in ORS Chapter 297. 4. State regulations regarding industrial accident protection found in ORS Chapter 656. 5. State conflict of interest requirements for public contracts. 6. State environmental laws or regulations enacted by agencies listed in Exhibit 2 hereto. 7. Oregon Administrative Rules, chapter 123, Division 43, as amended from time to time at the discretion of the State. , 8. State municipal bonding requirements found in the Act and in ORS Chapters 280, 284, 286, 287 and 288. , 9. Special Public Works Fund/Oregon Bond Bank Applicant's Handbook. r The State's performance under this Contract is conditioned upon the Borrower's compliance with the provisions of ORS 279.312, 279.314, 279.316, 279.320, and 279.555, as amended from time to time, which are incorporated by reference herein. B. Drawings Program Developmont\temp3453 Award Contract Page 5 of 8 The Borrower shall obtain as-built drawings for all facilities constructed with the proceeds of the Loan. The Borrower shall obtain certification of completion per the as-built drawings from the Project engineer. C. Operation and Maintenance of the Project By the Project Completion Date, the Borrower will have a program, documented to the satisfaction of the State, for the on-going maintenance, operation and replacement, at Borrower's sole expense, of the public works service system, if any, of which the Project is a part. This program should include a plan for generating revenues sufficient to assure the operation, maintenance and replacement of the public works system, if any, of which the Project is a part during the service life of the Project. D. Signs and Notifications The Borrower shall display a sign, provided by the State, near the Project construction site stating that the Project is being funded by Lottery proceeds. The Borrower shall include the following statement, prominently placed, on all plans, reports, bid documents and advertisements relating to the Project: "This Project was funded in part with a financial award from the Special Public Works Fund, funded by the Oregon State Lottery and administered by the State of Oregon, Economic and Community Development Department." E. Insurance Except as may be provided in the Special Conditions of Award, set out in Exhibit D of the Loan Agreement, attached hereto, in the event the Project, or any portion thereof, is destroyed and the Project is insured, any insurance proceeds shall be paid to the State and shall be applied to the outstanding balance of the Loan in such manner as the State in its sole discretion shall determine unless the State agrees in writing that the insurance proceeds shall be used to rebuild the Project. F. Indemnity To the extent permitted by Article XI, Section 10 of the Oregon Constitution, the Oregon Tort Claims Act, the Borrower's charter, and relevant Oregon statutes, the Borrower shall indemnify the State and its officers, employees and agents against any liability for damage to life or property arising from the actions of Borrower or its subcontractors, agents or employees. G. Sales Leases and Encumbrances Borrower may not sell, lease, exchange, transfer or otherwise dispose of any property constituting a part of the Project or any interest therein unless (1) it is worn out, obsolete or, in the reasonable business judgement of the Borrower, no longer useful in the operation of the Project, and (2) such transaction will not adversely affect the exclusion from gross income for federal income tax purposes of the interest on the Note pursuant to Section 103(a) of the Code as defined in the Loan Agreement. Except as may be provided in the Special Conditions of Award, proceeds of such sale, lease, exchange, transfer or other disposition which are not used to replace the property up to the amount of such proceeds times the Participation Rate shall be used to prepay the outstanding balance of the Loan. H. Condemnation Proceeds Except as may be provided in the Special Conditions of Award, set out in Exhibit D to the Loan Agreement, attached hereto, in the event the Project, or any portion thereof is condemned, any condemnation proceeds shall be used to prepay the outstanding balance of the Loan in accordance with Section 3.02(k) of the Loan Agreement. Program Developmenl\temp3453 Awaru Conitract Page 6 of 8 1. Registered Engineer/ Licensed Architect A registered professional engineer or a licensed architect in lieu of a registered professional engineer if use of a licensed architect has been approved by the Department will be responsible for design and construction of the Project. The Borrower will check with the Oregon Board of Engineering Examiners or the Oregon Board of Architect Examiners, as applicable, to verify an engineer's or architect's registration and complaint history prior to contracting with the engineer or architect. SECTION 7 DEFAULT If any of the following Events of Default occurs and is continuing, namely: A. The Borrower fails to proceed expeditiously with, or to complete, the Projector any segment or phase of the Project in accordance with the plans and schedules approved by the State; or B. Any representation with respect to current or historical information made to the State herein or in any other pertinent documents, certificates and reports relied upon by the State in gauging the progress of the Project, compliance with the requirements of the Act or compliance with the requirements of Section 103 and Sections 141 through 150 of the Code (as defined in the Loan Agreement) and performance of duties by the Borrower is untrue in any material respect; or C. The Borrower fails to perform or observe any of its covenants or agreements contained herein and fails to correct such deficiencies within thirty (30) days of notice from the State of such deficiencies, or such longer period as the State may authorize in its sole discretion; or D. If, within six (6) months from the date of this Contract, the Borrower has not entered into binding legal agreements with all private parties necessary to complete the Project; or E. The occurrence of an Event of Default under the Loan Agreement; thereupon, and in each such case, the State, may exu: cise any remedy described in Section 8. SECTION 8 REMEDIES Upon the occurrence of an Event of Default under this Contract, the State may pursue any or all of the remedies set forth herein or in the Loan Agreement or Note and any other remedies available at law or in equity. Such remedies include, but are not limited to, termination of the Contract and/or Loan Agreement, acceleration of the Loan, payment of costs associated with the defeasance of any State Bonds allocable to the Loan prior to the earliest optimal redemption date of such State Bonds, payment of amounts earned from the investment of the proceeds of the Loan, declaration of the Borrower's ineligibility to receive future lottery funded awards and the withholding pursuant to ORS 28513.449 of other State funds due the Borrower. SECTION 9 MISCELLANEOUS A. No Implied Waiver, Cumulative Remedies Program Developmenlllemp3453 [iwfaru l^..V11LracL Page 7 of 8 IBM No failure on the part of the State to exercise, and no delay in exercising, any right, power, or privilege under this Contract shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power, or privilege under this Contract preclude any other or further exercise thereof or the exercise of any other such right, power or privilege. The remedies provided herein are cumulative and not exclusive of any remedies provided by law. B. Notices All notices, requests, demands, and other communications to or upon the parties hereto shall be in writing and shall be deemed to have been duly given or made when deposited in the mails, postage prepaid, addressed to the party to which such notice, request, demand, or other communication is requested or permitted to be given or made at the addresses set forth below or at such other address of which such party shall have notified in writing the other party hereto. If to the State: Manager, Northwest Team Economic and Community Development Department One World Trade Center, Suite 205 121 SW Salmon Street Portland, OR 97204 If to the Borrower: Finance Director City of Tigard 13125 SW Hall Boulevard Tigard, OR 97223 C. Amendments The terms of this Contract, including timefrarnes for Project completion, will not be waived, altered, modified, supplemented, or amended in any manner except by written instrument signed by the parties. D. Execution in Counterparts This Contract may be executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. E. Severability If any term or condition of this Contract is declared by a court of competent jurisdiction to be illegal or in conflict with any law, the validity of the remaining terms and conditions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if the Contract did not contain the particular term or condition held to be invalid. F. Merger This Contract constitutes the entire agreement between the parties on the subject matter hereof. There are no understandings, agreements or representations, oral or written, not specified herein regarding this Contract. The Borrower, by the signature below of its authorized representative, hereby acknowledges that it has read this Contract, understands it, and agrees to be bound by its terms and conditions. Program Development%temp3453 Award Contract Page 8 of 8 IN WITNESS WHEREOF, the parties hereto have caused this Contract to be duly executed as of the last date set forth below the signatures of their respective representatives. STATE OF OREGON CITY OF TIGARD acting by and through its Economic and Community Development Department By: _ '4m, By: Joan P. Rutledge, Manager Craig Prosser Northwest Team Finance Director Date: /~Z ~Zcl~ ~ Date: APPROVED AS TO LEGAL. SUFFICIENCY IN ACCORDANCE WITH ORS 291.047: /s/Michelle M. Teed (per email dated October 19, 2001) Michelle M. Teed, Assistant Attorney General Date: Exhibit 1 - Loan Agreement Exhibit 2 - Environmental and Natural Resource Agencies i { { i { S Program Developmenhtemp3453 Loan Agreement-Exhibit 1 Page 1 of 26 Community Facility Loan Agreement BETWEEN STATE OF OREGON acting by and through its ECONOMIC AND COMMUNITY DEVELOPMENT DEPARTMENT AND CITY OF TIGARD n N mp3453 Program DevelopmentUe Loan Agreement-Exhibit 1 Page 2 of 26 TABLE OF CONTENTS Page ARTICLE I DEFINITIONS SECTION 1.01. Definitions ..........................................................................................................................4 SECTION 1.02. General Rules .....................................................................................................................7 SECTION 1.03. Loan Agreement Not Assigned to Trustee .........................................................................7 ARTICLE II LOAN TO BORROWER SECTION 2.01. Loan Amount; Loan Terms; Disbursements; Use of Proceeds ..........................................7 SECTION 2.02. Loan Payment .....................................................................................................................8 SECTION 2.03. Unconditional Obligations .................................................................................................8 SECTION 2.04. Loan Agreement to Survive Bond Indenture and State Bonds ...........................................9 SECTION 2.05. Loan Prepayments ..............................................................................................................9 SECTION 2.06. [Reserved] .........................................................................................................................10 SECTION 2.07. Sources of Payment of Borrower's Obligations ...............................................................10 SECTION 2.08. Disclaimer of Warranties; Limitation of Liability; Indemnification ................................1 I ARTICLE III REPRESENTATIONS, WARRANTIES AND COVENANTS OF BORROWER SECTION 3.01. Representations and Warranties of Borrower ..................................................................12 SECTION 3.02. Particular Covenants of the Borrower ..............................................................................16 ARTICLE IV CONDITIONS PRECEDENT SECTION 4.01. Loan Closing ....................................................................................................................22 SECTION 4.02. Conditions to Disbursements ...........................................................................................22 ARTICLE V ASSIGNMENT SECTION 5.01. Assignment and Transfer by the State ..............................................................................23 SECTION 5.02. Assignment by Borrower ..................................................................................................24 ARTICLE VI Program DevelopmentVemp3453 Loan Agreement-Exhibit 1 Page 3 of 26 DEFAULTS AND REMEDIES SECTION 6.01. Event of Default ...............................................................................................................24 SECTION 6.02. Notice of Default ..............................................................................................................25 SECTION 6.03. Remedies on Default ........................................................................................................25 SECTION 6.04. Attorney's Fees and Other Expenses ................................................................................26 SECTION 6.05. Application of Moneys .....................................................................................................26 SECTION 6.06. No Remedy Exclusive; Waiver; Notice ...........................................................................26 SECTION 6.07. Retention of State's Rights ...............................................................................................27 SECTION 6.08. Default by the State ..........................................................................................................27 ARTICLE VII MISCELLANEOUS SECTION 7.01. Notices ..............................................................................................................................27 SECTION 7.02. Binding Effect ..................................................................................................................28 SECTION 7.03. Severability .......................................................................................................................28 SECTION 7.04. Amendments, Supplements and Modifications ................................................................28 SECTION 7.05. Execution in Counterparts ................................................................................................28 SECTION 7.06. No Construction against Drafter ......................................................................................28 SECTION 7.07. Applicable Law ................................................................................................................28 SECTION 7.08. Consents and Approvals ...................................................................................................29 SECTION 7.09. Merger; No Waiver ..........................................................................................................29 EXHIBITS Exhibit A Project Description Exhibit B Project Budget Exhibit C Description of the Loan Exhibit D Special Conditions Exhibit E Form of Requisition Exhibit F Form of Promissory Note Exhibit G Maturity Schedule Program Development%temP3453 Loan Agreement-Exhibit 1 Page 4 of 26 THIS LOAN AGREEMENT, is made and entered into as of XXXXXXXXXXXXXX , XXXX , by and between the STATE OF OREGON, ACTING BY AND THROUGH ITS ECONOMIC AND COMMUNITY DEVELOPMENT DEPARTMENT (the "State"), and the Borrower (as defined below). Capitalized terms not otherwise defined herein shall have the meanings assigned to them in Section 1.01 hereof. WITNESSETH THAT: WHEREAS, the State, in accordance with the Act, the Contract and the Bond Indenture, will provide funds in the Special Public Works Fund, and/or will issue State Bonds for the purpose of making loans to Municipalities, including the Borrower, to finance a portion of the cost of Community Facility projects within the meaning of ORS 28513.410 and 285B.422; and WHEREAS, the Borrower has made timely application to the State for a Loan to finance all or a portion of the Costs of the Project, and the State has approved the Borrower's application for a Loan in the amount set forth in Exhibit C attached hereto and by this reference made a part hereof to finance a portion of the Costs of the Project; and WHEREAS, the Borrower agrees under this Loan Agreement to make payments sufficient to pay when due the principal of, premium, if any, and interest on the Loan from the State in accordance with the Note, set forth on Exhibit F, the Maturity Schedule as set forth in Exhibit G and the terms herein; and WHEREAS, the Borrower's obligations under this Loan Agreement and the other Loan Documents may be assigned to the Trustee under the Bond Indenture, to provide for the payment of and security for State Bonds issued by the State of Oregon; NOW, THEREFORE, for and in consideration of the award of the Loan by the State, the Borrower agrees to perform its obligation under this Loan Agreement in accordance with the conditions, covenants and procedures set forth herein. ARTICLE I DEFINITIONS SECTION 1.01. Definitions. The following terms as used in this Loan Agreement shall, unless the context clearly requires otherwise, have the meanings assigned to them below: "Act" means ORS 28513.410 through 28513.482, as amended. "Authorized Officer" means, in the case of the Borrower, the persons whose names are set forth in Exhibit C hereto or such other person or persons authorized pursuant to a resolution, ordinance or other official action of the governing body of the Borrower to act as an authorized officer of the Borrower to perform any act or execute any document relating to the Loan or this Loan Agreement and whose name is furnished in writing to the State. "Bond Closing Date" means the closing date of the sale of the State Bonds. "Bond Counsel" means a law firm having knowledge and expertise in the field of municipal law and whose opinions are generally accepted by purchasers of municipal bonds. Program DevelopmemUemp3453 Loan Agreement-Exhibit I Page 5 of 26 "Bond Indenture" means the Indenture of Trust dated as of July 1, 1993, between the State, the Issuer, and the Trustee, pursuant to which the State Bonds are issued, and all amendments and supplements thereto adopted in accordance with the provisions thereof. "Borrower" means the Municipality that is a party to this Loan Agreement and is described on Exhibit C hereto, and its successors and assigns. "Business Day" means any day other than (a) a Saturday, Sunday or legal holiday or a day on which banking institutions in Salem, Oregon or in the city in which the principal office of the Trustee is located are closed, or (b) a day on which the New York Stock Exchange is closed. "Code" means the Internal Revenue Code of 1986, as amended or supplemented from time to time, including any regulations promulgated thereunder and any administrative or judicial interpretations thereof. "Completion Date" means the earlier of (a) the date on which all of the proceeds of the Loan, including any investment earnings derived from the investment of such proceeds, have been spent by Borrower, or (b)' the second anniversary of the Loan Closing Date. "Contract" means the Financial Assistance Award Contract between the State and the Borrower, dated as of XXKXXXXXXXXXXXXXX, XXXX. "Costs of the Project" means those costs that are (a) reasonable, necessary and directly related to an "infrastructure project" within the meaning of ORS 285B.410(2), including any financing costs properly allocable to the Project and preliminary costs such as engineering and architectural reports, studies, surveys, soil tests, designs, plans, working drawings and specifications that are necessary for the construction of the Project, and (b) permitted by generally accepted accounting principles to be costs of such Project. The term "Costs of the Project" does not include (i) costs in excess of one-hundred percent (100%) of the total cost of the Project, (ii) the purchase of equipment and other property not directly related to the Project, (iii) construction or repair of facilities owned or operated by private parties, (iv) costs incurred prior to the date of the Contract, except as provided in Section 3.02(a) hereof, (v) administrative expenses of the Borrower or (vi) costs that do not comply with the requirements of the General Certificate executed by the Borrower in connection with the closing of the Loan. "Counsel" means an attorney at law or firm of attorneys at law (who may be, without limitation, of counsel to, or an employee of, the State, the Issuer, the Trustee or the Borrower) duly admitted to practice law before the highest court of any state. "Event of Default" means any occurrence or event specified in Section 6.01 hereof. "Issuer" means the State of Oregon acting by and through the State Treasurer of the State of Oregon. "Loan" means the loan made by the State to the Borrower to finance or refinance a portion of the Costs of the Project pursuant to this Loan Agreement. The Loan may be funded by proceeds of State Bonds or from other amounts held in the Special Public Works Fund. Program Developmenlltamp3453 Loan Agreement-Exhibit 1 Page 6 of 26 "Loan Agreement" means this loan agreement, including any exhibits, schedules or attachments hereto, as it may be supplemented, modified or amended from time to time in accordance with the terms hereof. "Loan Closing Date" means the date of the first disbursement of Loan proceeds in accordance with Section 2.01(c) hereof. "Loan Closing Deadline" means the date by which all conditions precedent Loan Closing must be satisfied, as set out in Exhibit C attached hereto. "Loan Documents" means the Loan Agreement, Note, and any agreements, instrument and certificates required to be executed and delivered hereunder. "Loan Prepayment" means any amounts paid by the Borrower that are in excess of the amount required to be paid as a Loan Repayment. "Loan Repayment" means the scheduled payments of principal and interest required to be made by the Borrower pursuant to the Note, including the Maturity Schedule. "Loan Term" means the term of the Loan as set forth in the Note. "Maturity Schedule" shall mean the scheduled payments of principal and interest required to be made by the Borrower pursuant to the schedule set forth in Exhibit G, attached hereto and by this reference incorporated herein. "Municipality" means any entity described in ORS 285B.410(1) that has entered into a Contract with the State pursuant to which such entity will borrow money from the Special Public Works Fund. "Note" means the promissory note of the Borrower substantially in the form of Exhibit F attached hereto and by this reference made a part hereof. "Optional Loan Prepayment Date" means the Optional Loan Prepayment Date described in Exhibit C hereto. "Project" means an "infrastructure project", within the meaning of ORS 2858.410(2), of the Borrower described in Exhibit A attached hereto and by this reference made a part hereof, all or a portion of the of which is financed or refinanced by the State pursuant to this Loan Agreement. "Project Completion Date" means the earlier of (a) the date on which all of the proceeds of the Loan, including any investment earnings derived from the investment of such proceeds, have been spent by Borrower; or (b) the date on which the Borrower completes construction of the Project. "Revenues" means the revenues, including all legally available funding, identified in Section 2.07 hereof or in Exhibit D to Borrower's Loan Agreement as a source of repayment for the Loan "Special Public Works Fund" means the fund created by ORS 2858.455(1). Program DevelopmentVemp3453 Loan Agreement-Exhibit 1 Page 7 of 26 "State" means the State of Oregon acting by and through its Economic and Community Development Department. "State Bonds" means the series of bonds, if any, authorized by the Bond Indenture and the Act, together with any refunding bonds authenticated and delivered pursuant to the Bond Indenture, in each case to finance or refinance the Project through the initial funding or refinancing of all the Loan. "System" means the utility system or systems, if any, of the Borrower which includes the Project or components of the Project, as such system or systems may be modified or expanded from time to time. References in this Loan Agreement to the Borrower's "System" shall be ignored to the extent that the Project is not a component of a utility system or systems. "Trustee" means the Trustee pursuant to the Bond Indenture, or its successor or successors, and any other corporation which may at any time be substituted in its place as Trustee pursuant to the Bond Indenture. "Underwriter" means the broker, dealer or municipal securities dealer acting as an underwriter in the primary offering of the State Bonds. SECTION 1.02. General Rules. Except where the context otherwise requires, words importing the singular number shall include the plural number and vice versa, and words importing persons shall include firms, associations, corporations, partnerships, agencies and districts. Words importing one gender shall include any other gender. SECTION 1.03. Loan Agreement Not Assigned to Trustee. DURING ANY PERIOD OF TIME IN WHICH THIS LOAN AGREEMENT HAS NOT BEEN ASSIGNEDTO THE TRUSTEE, ALL REFERENCES IN THIS LOAN AGREEMENT TO "TRUSTEE," "BOND INDENTURE," "STATE BONDS," "UNDERWRITER" AND "ISSUER" AND THE PROVISIONS OF THIS LOAN AGREEMENT PERTAINING THERETO SHALL BE VOID AND OF NO FORCE OR EFFECT EXCEPT FOR PURPOSES OF DETERMINING THE APPLICABLE REQUIREMENTS OF THE BOND INDENTURE OR DETERMINING ANY REQUIREMENTS OF THIS LOAN AGREEMENT THAT REFER TO PROVISIONS OF THE BOND INDENTURE. ARTICLE 11 LOAN TO BORROWER SECTION 2.01. Loan Amount; Loan Terms; Disbursements; Use of Proceeds. (a) Loan Amount. Subject to the terms and conditions hereof, in particular Sections 4.01 and 4.02 hereof, the State hereby agrees to loan and disburse to the Borrower, and the Borrower agrees to bon•ow and accept from the State, the Loan which, in the aggregate, shall not exceed the lesser of (i) the maximum principal amount of the Loan set out in Exhibit C hereof, or (ii) the Costs of the Project. (b) Loan Terms. The terms of the Loan are set forth in Exhibit F hereto. (c) Disbursements. Subject to Sections 4.01 and 4.02 hereof, the proceeds of the Loan shall be disbursed to the Borrower on an expense reimbursement or cost incurred basis upon receipt by the State of a requisition executed by the Borrower in substantially the form attached hereto as Exhibit E which is by this reference incorporated herein. Program Developmenlllemp3453 i• Loan Agreement-Exhibit 1 Page 8 of 26 (d) L,se of Proceeds. The Borrower shall use the proceeds of the Loan strictly in accordance with Section 3.02(a) hereof. SECTION 2.02. Loan Payment. (a) Payment. The Borrower hereby covenants and agrees to repay the Loan in accordance with the Contract (including but not limited to the terms of Exhibit D of the Loan Agreement thereto), the terms hereof and of the Note, including the Maturity Schedule. Borrower agrees to pay interest at the rate as adjusted after the sale of State Bonds, if any, as specified in the Note and other Loan Documents and acknowledges that this rate may be higher than the interest rate for direct loans through the Special Public Works Fund. (b) Payments if Assignment. In the event that the Borrower receives written notification from the State, the Issuer or the Trustee that payments made pursuant to this Loan Agreement and Note have been assigned by the State to the Trustee under the Bond Indenture, all payments pursuant to this Loan Agreement and the Note shall be made directly to the Trustee for the account of the State pursuant to such assignment. The Borrower acknowledges that payment or defeasance of the State Bonds by the State or the Issuer does not constitute payment of the amounts due under this Loan Agreement or the Note. SECTION 2.03. Unconditional Obligations. The provisions of the Loan Agreement shall constitute a contract with the State and shall be enforced by the State or the Trustee as assignee pursuant to Section 5.01 hereof. Loan Repayments and all other payments required under the Loan Documents are payable solely from the sources of repayment described in Section 2.07 hereof. The Loan shall be a full faith and credit obligation of Borrower, and the obligation of the Borrower to make the Loan Repayments and all other payments required under the Loan Documents and the obligation to perform and observe the other duties, covenants, obligations and agreements on its part to be performed or observed contained therein shall be absolute and unconditional. Payments hereunder and under any of the other Loan Documents shall not be abated, rebated, set-off, reduced, abrogated, terminated, waived, diminished, postponed or otherwise modified in any manner or to any extent whatsoever, or any payments under this Loan Agreement or Note remain unpaid, regardless of any contingency, act of God, event or cause whatsoever, including (without limitation) any acts or circumstances that may constitute failure of considerations, eviction or constructive eviction, the taking by eminent domain or destruction of or damage to the Project or the System, commercial frustration of the purpose, any change in the laws of the United States of America or of the State of Oregon or any political subdivision of either or in the rules or regulations of any governmental authority, any failure of the State, the Issuer or the Trustee to perform and observe any agreement, whether express or implied, or any duty, liability, or obligation arising out of or connected with the Project, this Loan Agreement or the Bond Indenture or any rights of set off, recoupment, abatement or counterclaim that the Borrower might otherwise have against the State, the Issuer, the Trustee or any other party or parties; provided, however, that payments hereunder shall not constitute a waiver of any such rights. The Borrower shall not be obligated to make any payments required to be made by any other Municipality under any separate loan agreement or the Bond Indenture. SECTION 2.04. Loan Agreement to Survive Bond Indenture and State Bonds. The Borrower acknowledges that its duties, covenants, obligations and agreements hereunder shall survive the discharge of the Bond Indenture applicable to the State Bonds and payment of the principal of, redemption premium, if any, and interest on the State Bonds. Program Deve1opmen1\1emp3453 LOdlt A g[GG/i1GI1L-Ex111b1t 1 Page 9 of 26 SECTION 2.05. Loan Prepayments. (a) Mandatory Prepayment. The Borrower shall prepay the outstanding balance of the Loan upon the destruction of all or a substantial portion of the Project. (b) Optional Prepayment on or after the Optional Loan Prepayment Date. Subject to the following terms and conditions, the Borrower may make Loan Prepayments upon not less than ninety (90) days prior written notice to the State and the Trustee; provided, however, that (i) no Loan Prepayment shall be made prior to the Optional Loan Prepayment Date or, if later, the date on which the State Bonds are first subject to optional redemption; (ii) each Loan Prepayment shall include (A) payment of the accrued interest on the amount prepaid and (B) the prepayment premium, if any, applicable to such Loan Prepayment as determined in accordance with Exhibit C hereof, and (C) the payment of any expenses of the Trustee, Counsel to the State or Bond Counsel associated with such prepayment; and (iii) no Loan Prepayment shall be made without the prior written approval of the State. (c) Optional Prepayment prior to the Optional Loan Prepayment Date. Loan Prepayments may be made prior to the Optional Loan Prepayment Date if (i) the Borrower obtains the prior written approval of the State, (ii) an opinion is obtained from the State's Bond Counsel to the effect that such a Loan Prepayment will not adversely affect the exclusion from gross income for federal and state income tax purposes of the interest on the State Bonds and the Loan, (iii) an escrow fund is established with the State or with an escrow agent acceptable to the State, and a deposit shall have been made to such escrow fund of cash and/or United States Treasury obligations which are not subject to redemption or prepayment and maturing as to principal and interest in such amounts and at such times as will, in the opinion of an independent certified public accountant delivered to the State, provide sufficient moneys, without reinvestment of any matured amounts, to make all payments of principal and interest on the Loan or portion to the Loan to be prepaid to and including the Optional Loan Prepayment Date together with any applicable prepayment premium, and (iv) the investment of amounts held in the escrow fund satisfies the requirements of Section 148 of the Code. (d) General. Loan Prepayments shall be applied first to any expenses of the Trustee, then to accrued interest on the portion of the Loan prepaid, and finally to principal payment(s) on the Loan (including t premium, if any). In the case of a Loan Prepayment that does not prepay all of the principal of the Loan, the State shall determine, in its sole discretion, the method by which such Loan Prepayment shall be applied to the outstanding principal payments. In the case of any Loan Prepayment prior to the Optional Loan Prepayment Date, Loan Prepayments shall be applied to the expenses of establishing an escrow fund and { paying any expenses of the Counsel to the State, Bond Counsel and any independent certified public accountant required in connection with the actions required pursuant to paragraph (c) above, before such Loan Prepayments are applied to the payment of interest, principal or any redemption premium on the Loan. s SECTION 2.06. Unexpended Loan Proceeds. Any proceeds of the Loan held by the State on the Project Completion Date shall be applied, together with any interest earnings thereon, on the Optional Loan Prepayment Date specified in Exhibit C hereof: First, to pay any arbitrage rebate due with respect to the Loan pursuant to Section 148(f) of the Code, Program Developmentltemp3453 C Loan Agreement-Exhibit 1 Page 10 of 26 Second, to pay unpaid interest accrued to the Optional Loan Prepayment Date, and Third, to prepay principal on the Loan and any prepayment premium specified on Exhibit C hereof associated with such prepayment. The State shall determine, in its sole discretion, the method by which any payments on the Loan pursuant to this Section 2.06 shall be applied to the outstanding balance of the Loan. If any proceeds of the Loan remain after the payment of the entire outstanding principal balance of the Loan and the prepayment premium specified in Exhibit C, such amounts shall be the property of the State, and the Borrower shall have no claim to such amounts. SECTION 2.07. Sources of Payment of Borrower's Obligations. (a) The State and the Borrower agree that the amounts payable by the Borrower under this Loan Agreement and any of the other Loan Documents, including, without limitation, the amounts payable by the Borrower pursuant to Sections 2.02, 2.05, 2.08 and 6.04 hereof, are payable from the sources of repayment described in paragraph (b) of this Section 2.07; provided however that nothing herein shall be deemed to prevent the Borrower from paying the amounts payable under this Loan Agreement and the other Loan Documents from any other legally available source. (b) The amounts payable by the Borrower under this Loan Agreement and the other Loan Documents are payable from the Revenues, including legally available funds in the Borrower's general fund, and other sources identified in the Special Conditions of Award set forth in Exhibit D to the Borrower's Loan Agreement. The pledges made by the Borrower in these Special Conditions of Award shall be valid and binding from the date of this Loan Agreement pursuant to ORS 288.594. The amounts so pledged and hereafter received by the Borrower shall immediately be subject to the lien of the pledge without physical delivery or further act except as may be stated in the Special Conditions of Award and shall be superior to all other claims and liens whatsoever to the fullest extent permitted by ORS 288.594. The Borrower expressly acknowledges that if the Borrower defaults on payments due under this Loan Agreement or any of the other Loan Documents, the State of Oregon, pursuant to ORS 28513.449, may withhold all or a portion of any amounts otherwise due to the Borrower and apply said amrnlnts to payments due under this Loan Agreement and the other Loan Documents to the fullest extent permitted by law; provided however that the provisions of the Loan Agreement and the Note are not to be construed in a way that would cause the obligations of the Borrower thereunder to constitute debt which violates Section 10, Article XI of the Oregon Constitution. SECTION 2.08. Disclaimer of Warranties; Limitation of Liability; Indemnification. The Borrower acknowledges and agrees that: (a) neither the Issuer, the State nor the Trustee makes any warranty or representation, either express or implied, as to the value, design, condition, merchantability or fitness for particular purpose or fitness for any use of the System or the Project or any portions thereof or any other warranty or representation with respect thereto; (b) in no event shall the State, the Issuer or the Trustee or their respective agents be liable or responsible for any direct, indirect, incidental, special or consequential damages in connection with or arising out of this Loan Agreement, any of the other Loan Documents or the Project or the existence, Program Development\temp3453 Loan Agreement-Exhibit 1 Page I I of 26 furnishing, functioning or use of the System or the Project or any item or products or services provided for in this Loan Agreement; and (c) to the extent authorized by law, the Borrower shall indemnify, save and hold harmless the Issuer and the State against any and all claims, damages, liability and court awards including costs, expenses, and attorney fees incurred as a result of any act or omission by the Borrower, or its employees, agents or subcontractors pursuant to the terms of this Loan Agreement or any of the other Loan Documents, provided, however, that the provisions of this paragraph (c) are not intended to and shall not be construed as a waiver of any defense or limitation on damages provided for under and pursuant to Chapter 30 of the Oregon Revised Statutes or under the laws of the United States or other laws of the State of Oregon. ARTICLE III REPRESENTATIONS, WARRANTIES AND COVENANTS OF BORROWER SECTION 3.01. Representations and Warranties of Borrower. The Borrower represents and warrants for the benefit of the State and the holders of the State Bonds, if any, as follows: (a) Organization and Authority. (i) The Borrower is a Municipality as defined in the Act. (ii) The Borrower has full legal right and authority and all necessary licenses and permits required as of the date hereof to own, operate and maintain the Project and its System, other than licenses and permits relating to the Project which the Borrower expects to receive in the ordinary course of business, to carry on its activities relating thereto, to execute and deliver this Loan Agreement, to undertake and complete the Project, and to carry out and consummate all transactions contemplated by this Loan Agreement and the other Loan Documents. (iii) The Project is a project which the Borrower may undertake pursuant to Oregon law and for which the Borrower is authorized by law to borrow money. (iv) The proceedings of the Borrower's governing members and voters, if necessary, approving this Loan Agreement and the other Loan Documents and authorizing the execution and delivery of this Loan Agreement and other Loan Documents on behalf of the Borrower, and authorizing the Borrower to undertake and complete the Project have been duly and lawfully adopted in accordance with the laws of Oregon, and the actions of such proceedings were duly approved and published, if necessary, in accordance with applicable Oregon law, at a meeting or meetings which were duly called pursuant to necessary public notice and held in accordance with applicable Oregon law, and at which quorums were present and acting throughout. (v) This Loan Agreement and all other Loan Documents required hereunder to be executed by Borrower have been duly authorized and executed and delivered by an Authorized Officer of the PAM Borrower; and, assuming that the State has all the requisite power and authority to authorize, execute and deliver, and has duly authorized, executed and delivered, this Loan Agreement and the Loan Documents required hereunder to be executed by the State, this Loan Agreement and other Loan Documents required hereunder to be executed by the Borrower constitute the legal, valid and binding Program Developmenl%lemp3453 Loan Agreement-Exhibit I Page 12 of 26 obligation of the Borrower in accordance with their terms, and the information contained in Exhibits A and B hereto and in Sections 3, 4, 9 and I 1 of Exhibit C hereto is true and accurate in all respects. (vi) Borrower's Contract and the Loan Agreement have been authorized by ORS 285B.437(1) and an ordinance of the Borrower which was adopted in accordance with ORS 285B.443(3) after proper publication at least fourteen (14) days prior notice published at least once in a newspaper of general circulation within the Borrower's jurisdiction and was adopted in accordance with applicable law and the Borrower's requirements for filing public notices and holding public meetings. (b) Full Disclosure. There is no fact that the Borrower has not disclosed to the State in writing on the Borrower's application for the Loan or otherwise that materially adversely affects the properties, activities, prospects or condition (financial or otherwise) of the Borrower, the Project or the Borrower's System, or the ability of the Borrower to make all Loan Repayments and otherwise observe and perform its duties, covenants, obligations and agreements under this Loan Agreement and the other Loan Documents. Neither the Borrower's application for the Loan or the Borrower's representations in this Loan Agreement or any of the other Loan Documents contain any untrue statement of a material fact or omits any statement or information which is necessary to make the statements therein, in light of the circumstances under which they were made, not misleading. (e) Pending Litigation. There are no proceedings pending, or, to the knowledge of the Borrower threatened, against or affecting the Borrower, in any court or before any governmental authority or arbitration board or tribunal that, if adversely determined, would materially adversely affect the Project, properties, activities, prospects or condition (financial or otherwise) of the Borrower or its System, or the ability of the Borrower to make all Loan Repayments and otherwise observe and perform its duties, covenants, obligations and agreements under this Loan Agreement and the other Loan Documents, that have not been disclosed in writing to the State in the Borrower's application for the Loan or otherwise. (d) Compliance with Existing Agreements, Etc. The authorization, execution and delivery of this Loan Agreement and the other Loan Documents by the Borrower, the observation and perfc a mance by the Borrower of its duties, covenants, obligations and agreements thereunder and the consummation of the transactions provided for in this Loan Agreement and the other Loan Documents, the compliance by the Borrower with the provisions of this Loan Agreement and the other Loan Documents and the undertaking and completion of the Project will not result in any breach of any of the terms, conditions or provisions of, or constitute a default under, or result in the creation or imposition of any lien, charge or encumbrance upon any property or asset of the Borrower pursuant to, any existing ordinance or resolution, trust agreement, indenture, mortgage, deed of trust, loan agreement or other instrument (other than any lien and charge of this Loan Agreement or any of the documents related hereto or to the Bond Indenture) to which the Borrower is a party or by which the Borrower, its System or any of its property or assets may be bound, nor will such action result in any violation of the provisions of the charter or other document pursuant to which the Borrower was established or any laws, ordinances, resolutions, governmental rules, regulations or court orders to which the Borrower, its System or its properties or operations is subject. (e) No Defaults. No event has occurred and no condition exists that, upon authorization, execution and delivery of this Loan Agreement or any of the Loan Documents or receipt of the amount of the Loan, would constitute an Program Developmenlltemp3453 a Loan Agreement-Exhibit 1 Page 13 of 26 Event of Default hereunder. The Borrower is not in violation of, and has not received notice of any claimed violation of, any term of any agreement or other instrument to which it is a party or by which it, its System or its property may be bound, which violation would materially adversely affect the Project, properties, activities, prospects or condition (financial or otherwise) of the Borrower or its System or the ability of the Borrower to make all Loan Repayments or otherwise observe and perform its duties, covenants, obligations and agreements under this Loan Agreement and the other Loan Documents. (f) Governmental Consent. The Borrower has obtained or will obtain all permits and approvals required to date by any governmental body or officer for the making, observance and performance by the Borrower of its duties, covenants, obligations and agreements under this Loan Agreement and the other Loan Documents or for the undertaking or completion of the Project and the financing or refinancing thereof; and the Borrower has complied or will comply with all applicable provisions of law requiring any notification, declaration, filing or registration with any governmental body or officer in connection with the making, observance and performance by the Borrower of its duties, covenants, obligations and agreements under this Loan Agreement and the other Loan Documents or with the undertaking or completion of the Project and the financing or refinancing thereof. No consent, approval or authorization of, or filing, registration or qualification with, any governmental body or officer that has not been obtained is required on the part of the Borrower as a condition to the authorization, execution and delivery of this Loan Agreement or any other Loan Document. (g) Compliance with Law. The Borrower: (i) is in compliance with all laws, ordinances, and governmental rules and regulations to which it is subject, the failure to comply with which would materially adversely affect the ability of the Borrower to conduct its activities or undertake or complete the Project or the condition (financial or otherwise) of the Borrower or its System; and (ii) has obtained or will obtain all licenses, permits, franchises or other governmental authorizations presently necessary for the ownership of its property or for the conduct of its activities which, if not obtained, would materially adversely affect the ability of the Borrower to conduct its activities or undertake or complete the Project or the condition (financial or otherwise) of the Borrc.,tver or its System. The State's performance under this Loan Agreement is conditioned upon the Borrower's compliance with the provisions of ORS 279.312, 279.314, 279.316, 279.320, and 279.555, which are incorporated by reference herein. (h) The Project. (i) The Project is feasible, and there will be adequate funds available to complete the Project and repay the Loan. (ii) The Borrower has been provided with a copy of the rules adopted by the State under ORS 285B.419(1). and the Project is in compliance with such rules. (iii) The Loan Term is not in excess of the useful life of the Project. (iv) The Borrower has adequate financial resources to ensure the project's success. Program Development\temp3453 Loan Agreement-Exhibit 1 Page 14 of 26 (v) The Project will benefit a broad cross-section of the community. (vi) The Project is situated in a city or county with a comprehensive land use plan that allows industrial and commercial development of a type and scale that is sufficient to produce revenues to repay the costs of the Project. (vii) To the extent shown in the Special Conditions of Award, the Borrower has provided as part of the security for repayment of the Loan, provisions for payments from any owners of property specially benefited by the Project which are sufficient when considered with other security to assure repayment of the Loan and the portion of any State Bonds that fund or refinance the Loan. (i) Costs of the Project. The Borrower certifies that the Costs of the Project, as listed in Exhibits B and C hereto, (i) are a reasonable and accurate estimation and based upon an engineer's feasibility report and engineer's estimate stamped by a registered professional engineer, or an architect's feasibility report and architect's estimate starnped by a licensed architect, as applicable, a copy of which shall be promptly provided to the State upon request, (ii) exceeds the principal amount of the Loan shown on Exhibit C, and *i) are not less than the sum of the proceeds of the Loan and the investment earnings projected to be derived from the investment of such proceeds. The Borrower further certifies that a registered professional engineer or licensed architect, in good standing in Oregon, will be responsible for design and construction of the Project. 0) Continuing Representations. The representations of the Borrower contained herein shall be true at the time of the Loan Closing Date and at all times during the term of this Loan Agreement. SECTION 3.02. Particular Covenants of the Borrower. (a) Use of Proceeds. The Borrower will apply the proceeds of the Loan and interest earnings thereon (i) to finance all or a portion of the Costs of the Project; and (ii) where applicable and with prior written approval of the State, to reimburse the Borrower for a portion of the Costs of the Project, which portion was paid or incurred in anticipation of reimbursement by the State; provided however that all such reimbursements shall satisfy the requirements of Section 1.150-2 of the tax regulations promulgated under the Code. None of the proceeds of the Loan shall be used for ineligible activities as specified in Section 3.B. of the Contract. (b) Source of Repayment. The Loan shall be paid from such sources of repayment described in Section 2.07 hereof and the Special Conditions of Award set forth in Exhibit D to the Loan Agreement. Funds from such sources shall be applied to the punctual payment of the principal of and the interest on the Loan and all other amounts due under this Loan Agreement and the other Loan Documents according to their respective terms. (c) Performance Under Loan Documents. The Borrower covenants and agrees (i) to maintain the Project and its System in good repair and operating condition; (ii) to cooperate with the State in the observance and performance of the respective duties, covenants, obligations and agreements of the Borrower and the State under this Loan Agreement and the other Loan Documents; and (iii) to comply with the covenants described in this Loan Agreement and the other Loan Documents. Program Dovelopmenlllomp3453 Loan Agreement-Exhibit 1 Page 15 of 26 (d) Completion of Project and Provision of Moneys Therefore. The Borrower covenants and agrees to provide the State with copies of all plans and specifications relating to the Project for review and approval by the State, but in any event no later than ten days prior to the date on which bids are advertised. The Borrower shall obtain as-built drawings for all facilities of the Project and obtain certification of completion per as-built drawings from the Project engineer or architect within ninety (90) days of the Project Completion Date. The Borrower shall supply a copy of such drawings and certification to the State upon request. The Borrower further covenants and agrees (i) to exercise its best efforts in accordance with prudent practice to complete the Project and to so accomplish such completion on or before the estimated Project Completion Date set forth in Exhibit C; (ii) to proceed expeditiously with, and complete, the Project in accordance with plans reviewed and approved by the State and (iii) to provide from its own fiscal resources all moneys, in excess of the total amount of Loan proceeds it receives pursuant to this Loan Agreement, required to complete the Project. For purposes of (ii) of the preceding sentence, if the State does not review the plans and specifications or suggests modifications thereto within thirty (30) days of the receipt by the State of the plans and specifications, they shall be deemed approved. The Borrower shall have a program, documented to the satisfaction of the State, for the on-going maintenance, operation and replacement, at its sole expense, of the Project. The program shall include a plan for generating revenues sufficient to assure the operation, maintenance and replacement of the Project during the useful life of the Project. Borrower shall provide such documentation to the State on or before the Project Completion Date. (e) Disposition of Project or System. Unless worn out, obsolete, or in the reasonable business judgement of the Borrower, no longer useful in the operation of the Project, the Borrower shall not sell, lease, exchange, abandon or otherwise dispose of all or substantially all or any substantial portion of the Project or its System or any other system which provides revenues for payment of amounts due under this Loan Agreement and the Loan Documents, except (i) if the State consents thereto in writing upon ninety (90) days' prior written notice to the State and (ii) either: (i) The Borrower assigns this Loan Agreement and the other Loan Documents pursuant to Section 5.02 hereof, (ii) The Borrower demonstrates to the satisfaction of the Trustee that such sale, lease, abandonment or other disposition will not adversely affect the rating of the State Bonds, (iii) A rating of the Loan is obtained which (a) addresses such sale, lease, exchange, abandonment or other disposition, (b) is no lower than the rating of the State Bonds and (c) shall be in one of the three highest rating categories (without regard to any refinement or gradation of rating category by numerical modifier or otherwise) by Moody's Investors Service or Fitch Investors Service, Inc., or (iv) The State certifies to the Borrower that this Loan Agreement has not been assigned to the Trustee and provides a copy of such certification to the Trustee. The State shall not consent to any such sale, lease, exchange, abandonment or other disposition unless the State shall have received an opinion of Bond Counsel to the effect that such sale, lease, exchange, abandonment or other disposition complies with the Act and will not adversely affect the Program Oevelopmenlttemp3453 Loan Agreement-Exhibit 1 Page 16 of 26 exclusion of interest on the Loan and on the State Bonds from gross income for purposes of federal income taxation under Section 103(a) of the Code (as defined in the Loan Agreement). Proceeds of any such transfer not used to replace property that is part of the Project shall be applied to the payment of the outstanding principal of and interest in the Loan as a Loan Prepayment subject to a prepayment premium, if any, as provided in Section 2.05 of this Agreement. (f) Exclusion of Interest from Federal Gross Income and Compliance with Code. (i) The Borrower covenants and agrees that it shall not take any action or omit to take any action which action or omission would result in the loss of the exclusion of the interest on the Loan from gross income for purposes of federal income taxation as that status is governed by Section 103(a) of the Code. (ii) The Borrower shall not take any action or omit to take any action, which action or omission would cause the Loan to be a "private activity bond" within the meaning of Section 141(a) of the Code. Accordingly, unless the Borrower receives the prior written approval of the State, the Borrower shall neither (A) permit in excess of 10 percent of either (1) the proceeds of the Loan or (2) the Project financed or refinanced with the proceeds of the Loan, to be used directly or indirectly in any manner that would constitute "private business use" within the meaning of Section 141(b)(6) of the Code, nor (B) use directly or indirectly any of the proceeds of the Loan, to make or finance loans to persons other than governmental units as such term is used in Section 141(c) of the Code; provided further, that at least one half of the private business use permitted by clause (A) shall be neither disproportionate related business use, nor private business use not related to the government use of such proceeds of the Loan. (iii) The Borrower shall not directly or indirectly use or permit the use of any of the "gross proceeds" (within the meaning of Section 148 of the Code) of the Loan or any other funds or take any action or omit to take any action, which use or action or omission would cause the Loan to be an "arbitrage bond" within the meaning of Section 148(a) of the Code. (iv) The Borrower shall not use directly or indirectly the proceeds of the Loan in any manner that would constitute an "advance refunding" within the meaning of Section 149(d)(5) of the Code and shall not prepay the Loan or any part of the Loan without the prior written approval of the State and as provided in this Loan Agreement. (v) The Borrower will not cause the Loan to be treated as a "federally guaranteed" obligation for purposes of Section 149(b) of the Code. For purposes of this paragraph, the Loan shall be treated as "federally guaranteed" if: (A) all or any portion of the principal or interest is or will be guaranteed directly or indirectly by the United States of America or any agency or instrumentality thereof, or (B) five percent (5%) or more of the proceeds of the Loan will be (1) used in making loans, the payment of principal or interest with respect to which is guaranteed in whole or in part by the United States of America or any agency or instrumentality thereof, or (2) invested directly or indirectly in federally insured deposits or accounts, and (C) none of the exceptions described in Section 149(b)(3) of the Code apply. (vi) The Borrower agrees to assist the State, the Issuer and the Trustee to ensure that all amounts required to be rebated to the United States of America pursuant to Section 148(f) of the Code are rebated to the United States of America. The Borrower agrees to provide all amounts necessary to Program Developmonl%lemp3453 Loan Agreement-Exhibit 1 Page 17 of 26 satisfy the requirements of Section 148(f) applicable to the Loan and, to pay to the State, the Issuer, or the Trustee such amounts as may be directed by the State, the Issuer, or the Trustee and at such times as the Borrower may be so directed to satisfy the requirements of Section 148(f) of the Code applicable to the portion of the proceeds of any State Bonds, including any proceeds or other amounts held in a reserve fund, applied to fund or refinance the Loan. The Borrower further agrees to reimburse the State, the Issuer or the Trustee for the portion of any expenses incurred by them that relate to the Loan and are necessary to satisfy the requirements of Section 148(f) of the Code. (vii) In furtherance of the foregoing, the Borrower covenants that it will comply with the provisions of this Loan Agreement and with the provisions of any certificate executed by the Borrower relating to compliance with the provisions of Sections 103 and 141 through 150 of the Code executed by the Borrower, the State or the Issuer with respect to the Loan and will furnish to the State, the Issuer, or the Trustee in writing, upon reasonable request, information regarding investments and use of proceeds of the Loan and of any facilities financed or refinanced therewith. (viii) The Borrower shall not enter into any management agreement for the operation of the Project that would cause the Loan to be or become a "private activity bond" within the meaning of Section 141(a) of the Code. (ix) Notwithstanding anything to the contrary, so long as is necessary to maintain the exclusion from gross income for purposes of federal income taxation of interest on the Loan, the covenants contained in this subsection (f) shall survive the payment of the Loan and the State Bonds, and the interest thereon, including any payment pursuant to Section 2.05 of this Loan Agreement. The Borrower acknowledges that the Loan may be funded with the proceeds of the State Bonds and that failure to comply with the requirements of this subsection (f) could adversely affect any exclusion of the interest on the State Bonds from gross income for federal income tax purposes. (x) Neither the Borrower nor any related party to the Borrower, within the meaning of Section 1.150-1(b) of the federal income tax regulations shall purchase State Bonds in an amount related to the amount of the Loan. (g) Operation and Maintenance of Project and System The Borrower covenants and agrees that it shall, in accordance with prudent ownership practice, (i) at all times operate the Community Facility Project so as to preserve the long term public benefits of the Project, (ii) maintain the Project and the System in good repair, working order and operating condition, including from time to time matting all necessary and proper repairs, renewals, replacements, additions, betterments and improvements as may be required. (h) Records; Accounts. The Borrower shal l keep accurate records and accounts for the revenues and funds that are the source of repayment of the Loan, including but not limited to the Revenues (the "Repayment Revenue Records"), separate and distinct from its other records and accounts (the "General Records"). Such Repayment Revenue Records shall be maintained in accordance with generally accepted accounting principles as established by the Government Accounting Standards Board as in effect from time to time and shall be audited annually by an independent accountant, which audit may be part of the annual audit of the General Records of the Borrower. Such Repayment Revenue Records and General Records shall be made available for inspection by the State, the Issuer or the Trustee at any reasonable time, and a copy of such annual audit(s) therefore, Program Devetopment\temp3453 Loan Agreement-Exhibit 1 Page 18 of 26 including all written comments and recommendations of such accountant, shall be furnished to the State within 210 days of the close of the fiscal year being so audited. The Borrower's financial management system must conform with the generally accepted accounting principles for state and municipal corporations established by the National Committee on Governmental Accounting as in effect from time to time. (i) Inspections, Information. The Borrower shall permit the State and the Trustee and any party designated by any of such parties to examine, visit and inspect, at any and all reasonable time, the property, if any, constituting the Project, and to inspect and make copies of any accounts, books and records, including, without limitation, its records regarding receipts, disbursements, contracts, investments and any other matters relating thereto and to its financial standing, and shall supply such reports and information as the State and the Trustee may reasonably require in connection therewith. In addition, the Borrower shall provide the State with copies of loan documents or other financing documents and any official statements or other forms of offering prospectus relating to any other bonds, notes or other indebtedness of the Borrower that are issued after the Loan Closing Date and are secured by the Revenues. 0) Insurance. The Borrower shall maintain or cause to be maintained, insurance policies with responsible insurers or self insurance programs providing against risk of direct physical loss, damage or destruction of the Project and System, at least to the extent that similar insurance is usually carrird by governmental units constructing, operating and maintaining similar facilities, including liability coverage, all to the extent available at reasonable cost. Nothing herein shall be deemed to preclude the Borrower from exerting against any party, other than the State, a defense which may be available to the Borrower, including without limitation a defense of immunity. In the event the Project or any portion thereof is destroyed, any insurance proceeds shall be paid to the State and shall be applied to the principal of and interest on the Loan, unless the State agrees in writing that the insurance proceeds shall be used to rebuild the Project. Any application of insurance proceeds to prepay the outstanding principal of the Loan shall not be subject to the prepayment premium, if any, as provided in Section 2.05(b). (k) Condemnation. In the event the Project or any portion thereof is condemned, any condemnation proceeds shall be used to prepay the outstanding balance on the Loan and shall not be subject to the prepayment premium, if any, as provided in Section 2.05(b). (1) Notice of Material Adverse Change. The Borrower shall promptly notify the State and the 'T'rustee of any material adverse change in the activities, prospects or condition (financial or otherwise) of the Borrower, the Project, or the Borrower's System, or in the ability of the Borrower to make all Loan Repayments and otherwise observe and perform its duties, covenants, obligations and agreements under this Loan Agreement and the other Loan Documents. (m) Continuing Disclosure Requirements. The Borrower shall provide the State with any information needed to comply with paragraph (b)(5) of the Securities and Exchange Commission Rule 15c2-12, 17 C.F.R, 240.15c2-12 (the "SEC Rule"), with respect to State Bonds. In addition, if the Borrower becomes an "obligated person" within the meaning of the SEC Rule or an "Obligated Borrower" (as such term is defined by the State or the State Treasurer of the State of Oregon) for the State Bonds, the Borrower shall, in addition to the requirements of paragraphs (h) and (i) of Section 3.02 of this Loan Agreement, provide the following to the State upon request: Program Developmentllemp3453 Loan Agreement-Exhibit 1 Page 19 of 26 (i) any and all financial information or operating data that may reasonably be requested by the State to comply with the SEC Rule, and (ii) audited financial statements, when and if prepared and available, prepared in accordance with generally accepted accounting principles as established by the Government Accounting Standards Board as in effect from time to time; provided, however, that if audited financial statements are not available, unaudited financial statements will be provided with audited financial statements to follow when and if available. (n) Financial Statements; Reports. The Borrower shall deliver to the State in form and details satisfactory to the State: (i) As soon as reasonably possible and in any event within ninety (90) days after the close of each fiscal year of the Borrower, unaudited statements of revenues, expenditures, cash flows, and changes in retained earnings for each of the funds constituting the Revenues for such period, all in comparative form and all in reasonable detail and certified by the chief financial officer of the Borrower, subject to year-end audit adjustments. (ii) Stich other statement or statements or reports as to the Borrower as the State may reasonably request. (o) Contract Covenants. The Borrower covenants and agrees to comply with the terms of the Contract including the covenants of the Borrower in Section 6 of the Contract. (p) Further Assurances. The Borrower shall, at the request of the State, authorize, execute, acknowledge and deliver such further resolutions, conveyances, transfers, assurances, financing statements and other instruments as may be necessary or desirable for better assuring, conveying, granting, assigning and confirming the rights, security interests and agreements granted or intended to be granted by this Loan Agreement. ARTICLE IV CONDITIONS PRECEDENT SECTION 4.01. Loan Closing The State's obligations hereunder are subject to satisfaction of the following conditions precedent on or prior to the Loan Closing Deadline or such later date as the State may authorize in writing in State's sole and absolute discretion. (a) the Borrower will cause to be duly executed and delivered to the State (regardless of whether the Loan Agreement is assigned to the Trustee) the following items, each in form and substance satisfactory to State, its Counsel and Bond Counsel: (i) this Loan Agreement duly executed and delivered by an Authorized Officer of the Borrower; (ii) the Note duly executed and delivered by an Authorized Officer of the Borrower; Program Development%temp3453 Loan Agreement-Exhibit 1 Page 20 of 26 (iii) the Contract duly executed and delivered by an Authorized Officer of the Borrower; (iv) copy of the ordinance or resolution of the governing body of the Borrower authorizing the execution and delivery of this Loan Agreement, the other Loan Documents, and the Borrower's Contract, certified by an Authorized Officer of the Borrower; (v) an opinion of the Borrower's Counsel, acceptable to the State, substantially in the form set forth in Section 63 (a) of the Bond Indenture (such opinion or portions of such opinion may be given by one or more Counsel); provided, however, that the State and its Counsel or Bond Counsel may permit variances in the form of such opinion, if such variances are not to the material detriment of the interests of the holders of the State Bonds; (vi) the documents required by Section 63 (a), (c), (d) and (f) (if applicable) of the Bond Indenture (regardless of whether the Loan Agreement is assigned to the Trustee) to the State; and (vii) such other certificates, documents, opinions and information as the State, the Issuer, the Trustee, the Bond Counsel, or the Underwriter may reasonably require. (b) There is money available in the Special Public Works Fund for the Project; provided, however, the State shall be under no obligation to make this Loan if there has been a change in the Act so that the Project is no longer eligible for financial assistance authorized by this Loan Agreement. SECTION 4.02. Conditions to Disbursements. Notwithstanding anything in this Loan Agreement or any of the Loan Documents to the contrary, the State shall have no obligation to make any disbursement to the Borrower hereunder if. (a) an Event of Default has occurred and is continuing under this Loan Agreement or any of the Loan Documents or the Bond Indenture or event, omission or failure of a condition which would constitute an Event of Default as defined in this Loan Agreement or any of the Loan Documents or the Bond Indenture after notice or lapse of time or both; (b) The representations and warranties of the Borrower made in this Loan Agreement are not true and correct on the date of disbursement with the same effect as if made on such date; (c) State has not received (i) a requisition executed by the Borrower in substantially the form of Exhibit E attached hereto and by this reference made a part hereof or has not received (ii) such other written evidence of materials and labor furnished to or performed upon the Project, itemized receipts or invoices for the payment of the same, and releases, satisfactions and other signed statements and forms as the State may require as a condition for making disbursement of the Loan. The State may, at its option, from time to time, either reimburse the Borrower for construction costs paid or may make direct payment for construction costs to suppliers, subcontractors and others for sums due them in connection with construction of the Project. Nothing herein contained shall require the State to pay any amounts for labor or materials unless satisfied that such claims are reasonable and that such labor and materials were actually expended and used in the construction of the Project. The State, at its option, from time to time, may also require that the Borrower Program Developmentltemp3453 Loan Agreement-Exhibit 1 Page 21 of 26 have a contractor or subcontractor execute and/or deliver a surety bond or indemnification in form and substance acceptable to the State for the faithful performance of the construction contract or subcontract and payment of all liens and lienable expenses in connection therewith in a sum equal to the contract or subcontract price. Disbursements for the Costs of the Project shall be subject to a retainage at the rate of five percent (5%) which will be released upon satisfactory completion of the Project; or (d) Money is not available in the Special Public Works Fund to fund the disbursement. Further, the State shall have no obligation to make any disbursement to the Borrower if, on or before the time for disbursement, there has been a change in the Act so that the Project is no longer eligible for financial assistance authorized by this Loan Agreement. ARTICLE V ASSIGNMENT SECTION 5.01. Assignment and Transfer by the State. (a) The Borrower expressly acknowledges that, other than the right, title and interest of the State under Sections 2.08 and 6.04, all right, title and interest of the State in, to and under this Loan Agreement and the other Loan Documents either has been or may, at the sole discretion of the State, be assigned to the Trustee as security for the State Bonds as provided in the Bond Indenture, and that if any Event of Default shall occur and if this Loan Agreement and other Loan Documents have been assigned to the Trustee, the Trustee, pursuant to the Bond Indenture, shall be entitled to act hereunder in the place and stead of the State. The Borrower hereby consents to assignment of this Loan Agreement and the other Loan Documents to the Trustee for the State Bonds. The State acknowledges that the Borrower is not a party to the Bond Indenture and has no obligation to perform any of the State's covenants, agreements or obligations under the Bond Indenture or the State Bonds, and that the Borrower is only required to observe and perform its covenants, agreements and obligations under this Loan Agreement, the other Loan Documents, and the Contract and, if and when requested by the State, to cooperate with the State in order to enable the State to comply with the State's covenants, agreements or obligations under the Bond Indenture. This Loan Agreement and the other Loan Documents, including, without limitation, the right to receive payments required to be made by the Borrower hereunder and under the other Loan Documents and to compel or otherwise enforce observance and performance by the Borrower of its other duties, covenants, obligations and agreements hereunder and under the other Loan Documents, may be sold by the State to a third party or may be further transferred, assigned and reassigned in whole or in part to one or more assignees or subassignees by the Trustee at any time without the necessity of obtaining the consent of, but after giving prior written notice to, the Borrower. i i a In the event of the assignment of this Loan Agreement and the other Loan Documents to the Trustee, the State shall retain the right to compel or otherwise enforce observance and performance by the Borrower of its duties, covenants, obligations and agreements under Sections 3.01(f) and 3.02(d); provided, however, that in no event shall the State have the right to accelerate the outstanding balance payable pursuant to this Loan Agreement in connection with the enforcement of Sections 3.01(f) and 3.02(d). s, (b) The Borrower hereby approves and consents to any assignment, sale or transfer of this Loan Agreement and the Loan Documents that the State deems to be necessary, including any assignment, sale or transfer in connection with any refunding of the State Bonds or the issuance of additional bonds under the Bond Indenture or otherwise in connection with any pooled loan program of the State. SECTION 5.02. Assignment by Borrower. Program DavetopmenhlemP3453 Loan Agreement-Exhibit I Page 22 of 26 This Loan Agreement and the other Loan Documents may not be assigned by the Borrower without the prior written consent of the State. The State may grant or withhold such consent in its sole discretion. In the event of an assignment of this Loan Agreement and the other Loan Documents by Borrower and assumption of the obligations hereunder, Borrower shall pay, or cause to be paid, to the State any fees or costs incurred by the State as the result of such assignment, including but not limited to, attorney fees of Bond Counsel or in-house Counsel. ARTICLE VI DEFAULTS AND REMEDIES SECTION 6.01. Event of Default. If any of the following events occurs, it is hereby defined as and declared to be and to constitute an "Event of Default:" (a) Failure by the Borrower to pay, or cause to be paid, on December 1 of any year any Loan Repayment required to be paid hereunder on such due date, except if the Borrower is a county and such failure is the result of nonappropriation of funds; or (b) Failure by the Borrower to make, or cause to be made, any required payments of principal, redemption premium, if any, and interest on any bonds, notes or other obligations of the Borrower for borrowed money (other than the Loan), after giving effect to the applicable grace period; or (c) Any representation made by or on behalf of the Borrower contained in this Loan Agreement or any other Loan Document, or in any agreement, instrument, certificate or document furnished in compliance with or with reference to this Loan Agreement, any other Loan Document or the Loan or in connection with the State Bonds, is false or misleading in any material respect; or (d) A petition is filed by or against the Bon•ower under any federal or state bankruptcy or insolvency law or other similar law in effect on the date of this Loan Agreement or thereafter enacted, unless in the case of any such petition filed against the Borrower, such petition shall be dismissed within twenty (20) calendar days after such filing, and such dismissal shall be final and not subject to appeal; or the Borrower shall become insolvent or bankrupt or make an assignment for the benefit of its creditor:; or a custodian (including, without limitation, a receiver, liquidator or trustee of the Borrower or any of its property) shall be appointed by court order or take possession of the Borrower or its property or assets if such order remains in effect or such possession continues for more than thirty (30) calendar days; or (e) Failure of the Borrower's governing body to appropriate sufficient funds to fully fund all of the Borrower's obligations to make Loan Repayments hereunder for any future fiscal period, except if the Borrower is a county and such failure is the result of nonappropriation of funds; or (f) The occurrence of any event of default under Section 7 of the Contract; or (g) Failure by the Borrower to observe and perform any duty, covenant, obligation or agreement (including that described in subsection (h) below) on its part to be observed or performed under this Loan Agreement or any other Loan Documents, other than as referred to in subsections (a) through (f) of this Section, which failure shall continue for a period of thirty (30) calendar days after written notice, specifying such failure and requesting that it be remedied, is given to the Borrower by the State or the Trustee, unless the State or the Trustee shall agree in writing to an extension of such time prior to its expiration; provided, Program Developmen!Vemp3453 ISO!, I Loan Agreement-Exhibit 1 Page 23 of 26 however, that if the failure stated in such notice is correctable but cannot be corrected within the applicable period, the State or the Trustee may not unreasonably withhold their consent to an extension of such time up to one hundred twenty (120) days from the delivery of the written notice referred to above if corrective action is instituted by the Borrower within the applicable period and diligently pursued until the Event of Default is corrected; or (h) The Borrower fails to proceed expeditiously with, or to complete, the Project or any segment or phase of the Project in accordance with the plans and schedules approved by the State. SECTION 6.02. Notice of Default. The Borrower shall give the State and the Trustee (if this Loan Agreement and the other Loan Documents have been assigned to the Trustee) prompt telephonic notice of the occurrence of any Event of Default referred to in Section 6.01(d) hereof, and of the occurrence of any other event or condition that constitutes an Event of Default at such time as any senior administrative or financial officer of the Borrower becomes aware of the existence thereof. Any telephone notice pursuant to this Section 6.02 shall be confirmed in writing as soon as practicable by the Borrower. SECTION 6.03. Remedies on Default. Whenever an Event of Default referred to in Section 6.01 hereof shall have occurred and be continuing, the State shall have the right to take, or to direct the Trustee to take, any action permitted or required pursuant to the Loan Agreement or any other Loan Document or the Bond Indenture and to take whatever other action at law or in equity may appear necessary or desirable to collect the amounts then due and thereafter to become due hereunder or to enforce the performance and observance of any duty, covenant, obligation or agreement of the Borrower hereunder, including without limitation, (a) declaring all Loan Repayments and all other amounts due hereunder and under the other Loan Documents (including, but not limited to the state's cost of defeasance of the portion of any State Bonds allocable to the Loan, if all or a portion of the principal of and interest on the Bonds has been accelerated pursuant to the Bond Indenture) to be immediately due and payable, and upon notice to the Borrower the same shall become due and payable without further notice or demand, (b) appointment of a receiver of the System, (c) refusal to disburse any Loan proceeds, (d) barring the Borrower from applying for future Special Public Works Fund assistance, or (e) withholding amounts otherwise due to the Borrower to apply to the payment of amounts due under this Loan Agreement as provided in ORS 28513.449. SECTION 6.04. Attorney's Fees If any suit or action arising out of or related to this Loan Agreement is brought by any party, the prevailing party or parties shall be entitled to recover the costs and fees (including without limitation reasonable attorney's fees, the fees and costs of experts and consultants, copying, courier, and telecommunication costs, and deposition costs and all other costs of discovery) incurred by such party or parties in such suit or action, including without limitation any post-trial or appellate proceeding, or in the collection or enforcement of any judgment or award entered or made in such suit or action; provided, however, that recovery from the State under this section is subject the limitations of the Oregon Constitution, Article XI, section 7, and other relevant statutes. SECTION 6.05. Application of Moneys. Any moneys collected by the State or the Trustee pursuant to Section 6.03 hereof shall be applied (a) first, to pay any attorney's fees, Trustee's fees, or other fees and expenses owed by the Borrower hereunder, (b) second, to pay interest due and payable on the Loan, (c) third, to pay principal due and payable on the Program Developmentitemp3453 Loan Agreement-Exhibit 1 Page 24 of 26 Loan, and (d) fourth, to pay any other amounts due and payable under this Loan Agreement or any of the Loan Documents. SECTION 6.06. No Remedy Exclusive, Waiver Notice. No remedy herein conferred upon or reserved to the State or the Trustee is intended to be exclusive, and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Loan Agreement or any of the Loan Documents or now or hereafter existing at law or in equity. No delay or omission to exercise any right, remedy or power accruing upon any Event of Default shall impair any such right, remedy or power or shall be construed to be a waiver thereof, but any such right, remedy or power may be exercised from time to time and as often as may be deemed expedient. To entitle the State or the Trustee to exercise any remedy reserved to it in this Article VI, it shall not be necessary to give any notice, other than such notice as may be required in this Article VI. SECTION 6.07. Retention of State's Rights. Notwithstanding any assignment or transfer of this Loan Agreement and the Loan Documents pursuant to the provisions hereof or of the Bond Indenture, or anything else to the contrary contained herein, the State shall have the right upon the occurrence of an Event of Default to take any action, including (without limitation) bringing an action against the Borrower at law or in equity, as the State may, in its discretion, deem necessary to enforce the obligations of the Borrower to the State pursuant to Sections 2.02, 2.08, and 6.04 hereof. SECTION 6.08. Default by the State. In the event of any default by the State under any covenant, agreement or obligation of this Loan Agreement, the Borrower's remedy for such default shall be limited to injunction, special action, action for specific performance or any other available equitable remedy designed to enforce the performance or observance of any duty, covenant, obligation or agreement of the State hereunder as may be necessary or appropriate. ARTICLE VII MISCELLANEOUS SECTION 7.01. Notices. All notices, certificates or other communications hereunder shall be sufficiently given and shall be deemed given when hand delivered or mailed by registered or certified mail, postage prepaid, to the Borrower at the address specified on Exhibit C hereof and to the State, the Issuer and the Trustee at the following addresses: (a) State: Economic and Community Development Department Attention: Manager, Northwest Team One World Trade Center, Suite 205 121 SW Salmon Street Portland, OR 97204 (b) Issuer: State Treasurer Attention: Manager, Debt Management Division 100 Labor & Industries Building Salem, OR 97301 Program I"., pmenlltemp3453 L51 I Loan Agreement-Exhibit 1 Page 25 of 26 (c) Trustee: BNY Western Trust Company Attention: Corporate Trust Department Two Union Square 601 Union Street, Suite 525 Seattle, WA 98101 Any of the foregoing parties may designate any further or different addresses to which subsequent notices, certificates or other communications shall be sent, by notice in writing given to the others. SECTION 7.02. Binding Effect. This Loan Agreement shall inure to the benefit of and shall be binding upon the State and the Borrower and their respective successors and assigns. In addition, the Trustee shall be considered as a beneficial party to this Loan Agreement, with all attendant rights to enforce the duties, obligations, covenants and agreements of the Borrower set forth herein, to the same extent as if the Trustee was a party hereto. SECTION 7.03. Severability. In the event any provision of this Loan Agreement shall be held illegal, invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate, render unenforceable or otherwise affect any other provision hereof. SECTION 7.04. Amendments, Supplements and Modifications. This Loan Agreement may not be amended, supplemented or modified without the prior written consent of the State and the Borrower. This Loan Agreement may not be amended, supplemented or modified in a manner that is not in compliance with the Act and the Bond Indenture or so as to adversely affect the interest of the owners of the State Bonds. SECTION 7.05. Execution in Counterparts. This Loan Agreement may be executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. SECTION 7.06. No Construction against Drafter. Both parties acknowledge that they are each represented by and have sought the advice of Counsel in connection with this Loan Agreement and the transactions contemplated hereby and have read and understand the terms of this Loan Agreement. The terms of this Loan Agreement shall not be construed against either party as the drafter hereof. SECTION 7.07. Applicable Law. This Loan Agreement shall be governed by and construed in accordance with the laws of the State of Oregon, including the Act. Any claim, action, suit or proceeding (collectively, "Claim") between the State (and/or any agency or department of the State of Oregon) and the Borrower that arises from or relates to this Loan Agreement shall be brought and conducted solely and exclusively within the Circuit Court of Marion County for the State of Oregon; provided, however, if a Claim must be brought in a federal forum, then it shall be brought and conducted solely and exclusively within the United States District Court for the District of Oregon. SECTION 7.08. Consents and Approvals. Program Dovelopment%temp3453 Loan Agreement-Exhibit 1 Page 26 of 26 Whenever the written consent or approval of the State shall be required under the provisions of this Loan Agreement, such consent or approval may only be given by the State unless otherwise provided by law or by rules, regulations or resolutions of the State or unless expressly delegated to the Trustee. SECTION 7.09. Merger, No Waiver. This Loan Agreement and attached exhibits constitute the entire agreement between the parties on the subject matter hereof. There are no understandings, agreements, or representations, oral or written, not specified herein regarding this Loan Agreement. No waiver of any provision of this Loan Agreement or consent shall bind either party unless in writing and signed by both parties and all necessary State approvals have been obtained. Such waiver or consent, if made, shall be effective only in the specific instance and for the specific purpose given. The failure of the State to enforce any provision of this Loan Agreement shall not constitute a waiver by the State of that or any other provision. IN WITNESS WHEREOF, the State and the Borrower have caused this Loan Agreement to be executed and delivered, effective as of the date first set forth above. STATE OF OREGON CITY OF TIGARD acting by and through its Economic and Community Development Department By: XXXXXXXXXXXXXXXXXXX By: XXXXXXXXXXXXXXXXXXXXXXX Joan P. Rutledge, Manager Craig Prosser Northwest Team Finance Director Date: XXXXXXXXXXXXXXXXXXX Date: XXXXXXXXXXXXXXXXXXXXXXX APPROVED AS TO LEGAL SUFFICIENCY IN ACCORDANCE WITH ORS 291.047: XXXXXXXXXXXXXXXXXXXXXXXXXXX Michelle M. Teed, Assistant Attorney General Date: XXXXXXXXXXXXXXXXXXXXXXXXXX Program Developmenftmp3453 Loan Agreement Exhibit A Page 1 of 1 Loan Agreement - Exhibit A PROJECT DESCRIPTION Borrower will implement the four phases of the Cook Park Master Plan, Cook Park Expansion. Borrower will construct facilities and infrastructure and complete improvements to existing trails, sports fields, sidewalks and roads on 28 acres of park property. Improvements are needed to improve the overall quality of life by helping alleviate the deficiency of open space affected by increasing growth pressures in the region. Borrower will complete the following: Phase 1 • Improvement to parking lot with 236 spaces (site improvements, storm drainage, landscaping and irrigation) • Infrastructure (sanitary sewer, reclaimed water, potable water and electrical) • Butterfly meadow (planting and irrigation) • 85t'Avenue emergency road connection (includes sidewalk) Phase 2 • Tot lot (playground) • Picnic shelter • Gazebo • Restroom Phase 3 • Improvement to parking lot with 59 spaces (site improvements, storm drainage, landscaping and irrigation) • Infrastructure (sanitary sewer and potable water) • Maintenance Building • Trails and regional connections Phase 4 (Sports) • Sports fields (grading, utilities, storm drainage, sanitary sewer, ball fields) • Restroom/concession stand Program DevelopmentUemp3453 M1 Loan Agreement Exhibit B Page 1 of 2 SPECIAL PUBLIC WORKS FUND Borrower: City of Tigard Project No. K02001 PROJECT BUDGET Project Name: Cook Park Development SPWF Oregon Activities Loan State Total Parks 1. Water System Improvements 5,720 19,390 $25,110 a. 1 1 1 0 b. 0 2. Sanitary Sewer Improvements 4,507 9,340 13,847 a. 1 1 1 0 b. 0 3. Storm Sewer Improvements 139,942 4,600 144,542 a. 1 I 1 0 b. 0 4. Road and Bridge Improvements 631,004 22,954 653,958 a. I I b. 0 5. Public Transportation & Railroad Facility 0 0 0 a. i 1 I 0 b. 0 6. Contractual Services 0 0 0 a. I 1 1 0 b. 0 7. a. Engineering/Architectural 0 b. Administration 1 xxxxxx 1 01 0 c. Contingencies 292,667 30,553 323,220 8. Other 0 a. Buildings 1 960,5181 88,3581 1,048,876 b. Park Facilities 1 255,8901 74,8051 330,695 C. 0 9. Total all Expenses $2,290,248 $250,000 $2,540,248.00 Program Davelopmenhtemp3453 MEN Loan Agreement Exhibit C Page I of I DESCRIPTION OF THE LOAN 1. Loan Closing Date: The date of the first disbursement of Loan proceeds in accordance with Section 2.01(c) 2. Bond Closing Date: The Closing Date of the Series of Oregon Bond Bank Bonds, if any, that is applied to fund the Loan 3. Name and Address of Borrower: City of Tigard 13125 SW Hall Boulevard Tigard, OR 97223 4. Cost of the Project: $2,540,248 5. Estimated Completion Date of Project: June 30, 2003 6. Principal Amount of Loan: $2,290,248 7. Interest Rate: The interest rate, including any adjustments to such rate, as described in the Note. 8. Optional Loan Prepayment Date: December 1, 2010 9. Prepayment Premium: Redemption Dates Redem 'ion Prices December 1, 2010 through November 30, 2011 102% December 1, 2011 through November 30, 2012 101% December 2012 and thereafter 100% 10. Authorized Officers of Borrower: Finance Director 11. Loan Term: Ten Years 12. Loan Closing Deadline: November 15, 2001 13. Unexpended Loan Proceeds Transfer Date: September 1, 2003 .r 3 Program Development\lomp3453 Loan Agreement Exhibit D Page 1 of 1 SPECIAL CONDITIONS 1. The Loan will be payable from the revenues of and amounts on deposit in the Parks SDC Fund (the "Fund"), and the Borrower shall not issue any obligation payable from the Fund unless such obligation is subordinate to the Borrower's obligation to repay the Loan. The Borrower hereby grants to the State a security interest in and irrevocably pledges its revenues of the Fund to pay all of the obligations owed by the Borrower to the State under the Loan Agreement. Pursuant to ORS 288.594, the pledge of the revenues of the Fund hereby made by the Borrower shall be valid and binding from the date of this Loan Agreement. 2. The Borrower shall not incur any obligations payable from or secured by a lien on and pledge of revenues of the Fund that is superior to or on a parity with the Loan without the Department's written consent. 3. Notwithstanding the requirement of paragraph 2 above, loans previously made and loans made in the future by the Department to the Borrower that are secured by the revenues of the Fund shall have a lien on such revenues on a parity with the Loan. 4. The revenues of the Fund pledged pursuant to paragraph 1 above and hereafter received by the Borrower shall immediately be subject to the lien of such pledge without physical delivery or further act, and the lien of the pledge shall be superior to all other claims and liens whatsoever, except as provided in paragraph 2 above, to the fullest extent permitted by ORS 288.594. The Borrower hereby represents and warrants that the pledge of revenues of the Fund hereby made by the Borrower complies with, and shall be valid and binding from the date hereof pursuant to ORS 288.594. 5. The Loan shall be payable from the general fund of the Borrower and shall be a full faith and credit obligation of the Borrower which is payable from any taxes which the Borrower may levy within the limitations of Article XI of the Oregon Constitution. Program UevelopmenMemp3453 t Department _ ansaw d Community peveloprnen SS on Activities Form a nest andPrngre program s Oregon Economic cash R q ,NaterM olving astewater Financing orics Fund, Loan Fund to SPeciai Public W NlaW Rev o w ,,.n.v a0 ,,r Safe cash Request Cash Request Development source On Econom ic .o.M" Request Is tor: 0 SDWR4F K. ly I APProvod Balance 0 SPWF 0 W~ Activities H Cash I' Rprior eQunsts Budget Request r_ G. GRep pendltur~t F ndltn9 to it cable Rnquasti Protect F, Total to Date rovements Total All tha prof E. 1. Water ImP D. C. a. f3. b. Sewer ImProvements A. loan Grant 2, Sanitary a. StormSewer ImProvefnents S a. e a Improvments b• Brdg 4. Road ad a. b' and R• R Fa CI es 5, Public l tans. a. b. g, Contractual Services a. b• Architecturat 7. 8.engineeflngl r' b, Administration O o Contingencies g, other > a. b. ro C. Page 1 of 2 g, Total M1Da9anmant ~y Cri S nvnbPnt kd minua told exM"at0fl and Commun>h1 D r mgvesrwn mds. l.~aNlhlsroomto: Ore9ME NE. sdem.oR 9T31 a ~urrM hand Oddaquast for addt 775 summa the 1 of land $UPl+°n Cash ~ H~~ y t1 ~ ~~at~ dtach tntam+a N s wad ' Loan Agreement Exhibit E Progress on Activities Page 2 of 2 Rocgire - VqW F1uw,ea to Pr.~ea /Mr R.PM p-e A. Project Goals (report for every cash request) List each project activity and describe progress on each activity since your last report. Also discuss any problems or delays encountered (change orders, schedule revisions. etc.). Attach additional sheets if necessary. Proposed Accomplishments Results Achieved 1. 2. 3. 4. S. B. Construction Employment (Special Public Works Fund only) In the space below, show the cumulative total number of hours construction employees worked on the Infrastructure project. Also show cumulative construction man hours worked on any private business projects served by the Infrastructure project Business Projects Infrastructure Projects 1. Firm Name Hours Worked Hours Worked 2. Finn Name Hours Worked Hours Worked C. Permanent Jobs (Special Public Works Fund only) In the space below, show the cumulative number of new or retained permanent jobs in private businesses served by the Infrastructure project. Show all jobs as full-time equivalents based on a standard 40-hour work week. Firm Name Ftrm Na" Firm Name .lobe N. Retatrlad Juba New Rat.4 Jobs New RNaFnad Certification: We certify that the data is correct and that the amount of any grant request Is not in excess of current needs. (TWO SIGNATURES REQUIRED) A&hoeaed SWmt..rrw Del. For State of Oregon Use TOW Mfd.e Approved + Artreorizd 5W.1-Me- l7eM 1 Projool Ceo d-w" Oue i 1 C-A-2 P~ Pbwe Nurtbw Amount Deaerlplba Fund Cost Center i S 4 Send Wire Transfers To: i $ Name of Payee: s Name of Receiving Bank: s 7 ; Location or Branch Name of Bank: 3 Bank Address: Fheal Cooranolor rlol. Bank Account Number. Bank ABA Routing Number. rarw« ouo F. Rr~vaarnwpe Pape 2 of 2 Loan Agreement - Exhibit F Page 1 of 2 Loan Agreement - Exhibit F PROMISSORY NOTE ECONOMIC AND COMMUNITY DEVELOPMENT DEPARTMENT STATE OF OREGON US $2,290,248 (Dated) xxxxxxxxxxxxx , xxxx Salem, OR FOR VALUE RECEIVED, the City of Tigard (hereinafter "Borrower"), promises to pay in lawful money of the United States of America to the order of the STATE OF OREGON, ACTING BY AND THROUGH ITS ECONOMIC AND COMMUNITY DEVELOPMENT DEPARTMENT, at its principal office at 775 Summer Street NE, Suite 200, Salem, OR 97301-1280 (hereinafter "State"), the principal sum of Two Million Two Hundred Ninety Thousand Two Hundred and Forty-eight Dollars ($2,290,248) or so much thereof as is disbursed pursuant to the Loan Agreement, plus interest on each disbursement at the rate of Two and Fifty-eight Percent (2.58%) per annum, from the disbursement date until paid; provided however that on the Bond Closing Date the interest rate shall be adjusted by the State to equal the lowest rate (in one basis point increments) that will be sufficient to ensure that the annual amounts paid by the Borrower pursuant to this Note shall be no less than the Borrower's pro-rata portion of the maximum annual debt service on the State Bonds. Interest shall be computed on the basis of a 360-day year, consisting of twelve (12) thirty-day (30) months. Capitalized terms not otherwise defined in this Note shall have the meanings assigned to them by the certain loan agreement dated XXXXXXXXXXXXX, XXXX, between the State and the Borrower (as amended from time to time the "Loan Agreement"). Unless earlier repayment is received hereunder or under the terms of the Loan Agreement, Principal and Interest shall be payable as follows: (a) The Borrower shall pay all interest accrued on disbursed loan funds on December 1 of each year beginning December 1, 2002 and continue until the earlier of December 1, 2011, or the first date that all Loan principal disbursed has been repaid, on which date all remaining unpaid accrued interest shall be due and payable. (b) The Borrower shall pay the principal of this Note at the times and in the amounts specified on the Maturity Schedule set forth in Exhibit G to the Loan Agreement. (c) This Note is payable prior to its maturity as provided for in Sections 2.05 and 2.06 of the Loan Agreement. Each payment made by the Borrower hereunder shall be applied first to unpaid accrued interest on the Loan, then to the principal of the Loan. This Note is given to avoid the execution by Borrower of an individual note for each disbursement of Loan proceeds by State to Borrower in accordance with Section 2.01 of the Loan Agreement. In consideration thereof, Borrower authorizes State to record in State's files the date and amount of each Program oavelopmenl%temp3453 Loan Agreement - Exhibit F Page 2 of 2 such disbursement, the date and amount of each payment and prepayment by Borrower hereunder and the amount of interest accrued and paid. Borrower further agrees that absent manifest error, such notations shall be conclusive evidence of borrowing, payments and interest under this Note; provided, however, that failure to make any such notations shalt not affect the obligations of Borrower hereunder or under any of the Loan Documents. If any Event of Default occurs, the outstanding balance of the Note, including principal, interest and other charges, if any, shall, at the option of the State, become immediately due and payable in accordance with Section 6.03 of the Loan Agreement. Failure or delay of the holder of this Note to exercise any option available to the State under the terms of this Note or the Loan Agreement shall not constitute a waiver of the right to exercise the option in the event of any continuing or subsequent default and shall not constitute a waiver of any subsequent breach of the same or of any other provision of this Note or the Loan Agreement. All parties to this Note hereby waive presentment, dishonor, notice of dishonor, and protest. All parties hereto hereby consent to, and the holder hereof is hereby expressly authorized to make, without notice, any and all renewals, extensions, modifications or waivers of the time for or the terms of payment of any sum of sums due hereunder, or under any documents or instruments relating to or securing this Note, or of the performance of any covenants, conditions or agreements hereof or thereof, or the taking or release of collateral securing this Note. The liability of all parties of this Note shall not be discharged by any action consented to above taken by any holder of this Note. This Note is made with reference to, and is to be construed in accordance with, the laws of the State of Oregon. This Note is subject to, and is secured pursuant to, the terns and conditions of the Loan Agreement. IN WITNESS WHEREOF, Borrower has caused this Note to be executed this XXXX day of XXXXXXXXXXXXXXXXXXX,XXXX. City of Tigard By: XXXXXXXXXXXXXXXXXXXX Title: XXXXXXXXXXX XXXXXXXXX NOTICE TO BORROWER DO NOT SIGN THIS NOTE BEFORE YOU READ IT Program Development\temp3453 Loan Agreement Exhibit G Page 1 of 1 Loan Maturity Schedule Tigard / Cook Park SPWF Loan Exhibit G File # K02001 PRINCIPAL AMOUNT: $2,290,248 INTEREST RATE: 3.75% LOAN TERM IN YEARS: 10 CLOSING DEADLINE 15-Nov-01 PAYMENT YEAR DATE PAYMENT 2002 O1-Dec-02 278,863.67 2003 01-Dec-03 278,863.67 2004 O1-Dec-04 278,863.67 2005 O1-Dec-05 278,863.67 2006 01-Dec-06 278,863.67 2007 01-Dec-07 278,863.67 2008 O1-Dec-08 278,863.67 2009 01-Dec-09 278,863.67 2010 O1-Dec-10 278,863.67 2011 01-Dec-11 278,863.67 Program DevelopmentVemp3453 Applicable Laws-Exhibit 2 Page I of 1 ENVIRONMENTAL AND NATURAL RESOURCE AGENCIES The following list is provided in compliance with ORS 279.318. The federal, state, and local agencies listed have enacted ordinances or regulations relating to environmental pollution or the preservation of natural resources that may affect the performance of construction contracts. FEDERAL AGENCIES Agriculture, Department of Forest Service Soil Conservation Service Army, Department of the Corps of Engineers Coast Guard Energy, Department of Environmental Protection Agency Health & Human Services, Department of Heritage Conservation and Recreation Service Interior, Department of Bureau of Indian Affairs Bureau of Land Management Fish and Wildlife Service Office of Surface Mining, Reclamation and Enforcement Bureau of Reclamation Labor, Department of Occupational Safety & Health Administration Mine Safety & Health Administration Transportation, Department of Federal Highway Administration STATE AGENCIES Agriculture, Department of Energy, Office of Environmental Qualitv, Department of Fish and Wildlife, Department of Forestry, Department of Geology and Mineral Industries, Department of Human Resources, Department of Land Conservation and Development Commission State Lands, Division of State Soil & Water Conservation Commission Transportation, Department of Water Resources Department LOCAL AGENCIES City Councils County Courts County Commissioners, Boards of Planning Commissions Special Districts: Ports, Water, Sewer, Roads Program Davelopmentltemp3453 EXHIBIT B Page 1 of 26 , Community Facility Loan Agreement BETWEEN STATE OF OREGON acting by and through its ECONOMIC AND COMMUNITY DEVELOPMENT DEPARTMENT AND CITY OF TIGARD t 1 1 i f ProgramDevzlopm tuenPMSS Page 2 of 26 TABLE OF CONTENTS Page ARTICLE I DEFINITIONS SECTION 1.01. Definitions ..........................................................................................................................4 SECTION 1.02. General Rules .....................................................................................................................7 SECTION 1.03. Loan Agreement Not Assigned to Trustee .........................................................................7 ARTICLE II LOAN TO BORROWER SECTION 2.01. Loan Amount; Loan Terms; Disbursements; Use of Proceeds ..........................................7 SECTION 2.02. Loan Payment .....................................................................................................................8 SECTION 2.03. Unconditional Obligations .................................................................................................8 SECTION 2.04. Loan Agreement to Survive Bond Indenture and State Bonds ...........................................9 SECTION 2.05. Loan Prepayments .......9 SECTION 2.06. [Reserved] ........................................................................................................................10 SECTION 2.07. Sources of Payment of Borrower's Obligations ...............................................................10 SECTION 2.08. Disclaimer of Warranties; Limitation of Liability; Indemnification ................................1 I ARTICLE III REPRESENTATIONS, WARRANTIES AND COVENANTS OF BORROWER SECTION 3.01. Representations and Warranties of Borrower ..................................................................12 SECTION 3.02. Particular Covenants of the Borrower ..............................................................................16 I ARTICLE IV CONDITIONS PRECEDENT i SECTION 4.01. Loan Closing ....................................................................................................................22 SECTION 4.02. Conditions to Disbursements ...........................................................................................22 ARTICLE V ASSIGNMENT SECTION 5.01. Assignment and Transfer by the State ..............................................................................23 SECTION 5.02. Assignment by Borrower ..................................................................................................24 ARTICLE VI Program DavelopmantUamp3455 Page 3 of 26 DEFAULTS AND REMEDIES SECTION 6.01. Event of Default ...........................................................:...................................................24 SECTION 6.02. Notice of Default ..............................................................................................................25 SECTION 6.03. Remedies on Default ........................................................................................................25 SECTION 6.04. Attorney's Fees and Other Expenses ................................................................................26 SECTION 6.05. Application of Moneys .....................................................................................................26 SECTION 6.06. No Remedy Exclusive; Waiver; Notice ...........................................................................26 SECTION 6.07. Retention of State's Rights ...............................................................................................27 SECTION 6.08. Default by the State ..........................................................................................................27 ARTICLE VII MISCELLANEOUS SECTION 7.01. Notices ..............................................................................................................................27 SECTION 7.02. Binding Effect ..................................................................................................................28 SECTION 7.03. Severability .......................................................................................................................28 SECTION 7.04. Amendments, Supplements and Modifications ................................................................28 SECTION 7.05. Execution in Counterparts ................................................................................................28 SECTION 7.06. No Construction against Drafter ......................................................................................28 SECTION 7.07. Applicable Law ................................................................................................................28 SECTION 7.08. Consents and Approvals ...................................................................................................29 SECTION 7.09. Merger; No Waiver ..........................................................................................................29 EXHIBITS Exhibit A Project Description Exhibit B Project Budget Exhibit C Description of the Loan Exhibit D Special Conditions Exhibit E Form of Requisition Exhibit F Form of Promissory Note Exhibit G Maturity Schedule Program Developmonftrrp3455 oil ON= li= llwwrlmwim~ n Page 4 of 26 THIS LOAN AGREEMENT, is made and entered into as of , by and between the STATE OF OREGON, ACTING BY AND THROUGH ITS ECONOMIC AND COMMUNITY DEVELOPMENT DEPARTMENT (the "State"), and the Borrower (as defined below). Capitalized terms not otherwise defined herein shall have the meanings assigned to them in Section 1.01 hereof. WITNESSETH THAT: WHEREAS, the State, in accordance with the Act, the Contract and the Bond Indenture, will provide funds in the Special Public Works Fund, and/or will issue State Bonds for the purpose of making loans to Municipalities, including the Borrower, to finance a portion of the cost of Community Facility projects within the meaning of ORS 28513.410 and 285B.422; and WHEREAS, the Borrower has made timely application to the State for a Loan to finance all or a portion of the Costs of the Project, and the State has approved the Borrower's application for a Loan in the amount set forth in Exhibit C attached hereto and by this reference made a part hereof to finance a portion of the Costs of the Project; and WHEREAS, the Borrower agrees under this Loan Agreement to make payments sufficient to pay when due the principal of, premium, if any, and interest on the Loan from the State in accordance with the Note, set forth on Exhibit F, the Maturity Schedule as set forth in Exhibit G and the terms herein; and WHEREAS, the Borrower's obligations under this Loan Agreement and the other Loan Documents may be assigned to the Trustee under the Bond Indenture, to provide for the payment of and security for State Bonds issued by the State of Oregon; NOW, THEREFORE, for and in consideration of the award of the Loan by the State, the Borrower agrees to perform its obligation under this Loan Agreement in accordance with the conditions, covenants and procedures set forth herein. ARTICLE I DEFINITIONS SECTION 1.01. Definitions. The following terms as used in this Loan Agreement shall, unless the context clearly requires otherwise, have the meanings assigned to them below: "Act" means ORS 285B.410 through 285B.482, as amended. "Authorized Officer" means, in the case of the Borrower, the persons whose names are set forth in Exhibit C hereto or such other person or persons authorized pursuant to a resolution, ordinance or other official action of the governing body of the Borrower to act as an authorized officer of the Borrower to perform any act or execute any document relating to the Loan or this Loan Agreement and whose name is furnished in writing to the State. "Bond Closing Date" means the closing date of the sale of the State Bonds. "Bond Counsel" means a law firm having knowledge and expertise in the field of municipal law and whose opinions are generally accepted by purchasers of municipal bonds. Program Developmenntemp3455 WIN 111,11 'Mm Page 5 of 26 "Bond Indenture" means the Indenture of Trust dated as of July 1, 1993, between the State, the Issuer, and the Trustee, pursuant to which the State Bonds are issued, and all amendments and supplements thereto adopted in accordance with the provisions thereof. "Borrower" means the Municipality that is a party to this Loan Agreement and is described on Exhibit C hereto, and its successors and assigns. "Business Day" means any day other than (a) a Saturday, Sunday or legal holiday or a day on which banking institutions in Salem, Oregon or in the city in which the principal office of the Trustee is located are closed, or (b) a day on which the New `Fork Stock Exchange is closed. "Code" means the Internal Revenue Code of 1986, as amended or supplemented from time to time, including any regulations promulgated thereunder and any administrative or judicial interpretations thereof. "Completion Date" means the earlier of (a) the date on which all of the proceeds of the Loan, including any investment earnings derived from the investment of such proceeds, have been spent by Borrower, or (b) the second anniversary of the Loan Closing Date. "Contract" means the Financial Assistance Award Contract between the State and the Borrower, dated as of , "Costs of the Project" means those costs that are (a) reasonable, necessary and directly related to an "infrastructure project" within the meaning of ORS 285B.410(2), including any financing costs properly allocable to the Project and preliminary costs such as engineering and architectural reports, studies, surveys, soil tests, designs, plans, working drawings and specifications that are necessary for the construction of the Project, and (b) permitted by generally accepted accounting principles to be costs of such Project. The term "Costs of the Project" does not include (i) costs in excess of one-hundred percent (100%) of the total cost of the Project, (ii) the purchase of equipment and other property not directly related to the Project, (iii) construction or repair of facilities owned or operated by private parties, (iv) costs incurred prior to the date of the Contract, except as provided in Section 3.02(a) hereof, (v) administrative expenses of the Borrower or (vi) costs that do not comply with the requirements of the General Certificate executed by the Borrower in connection with the closing of the Loan. "Counsel" means an attorney at law or firm of attorneys at law (who may be, without limitation, of counsel to, or an employee of, the State, the Issuer, the Trustee or the Borrower) duly admitted to practice law before the highest court of any state. "Event of Default" means any occurrence or event specified in Section 6.01 hereof. "Issuer" means the State of Oregon acting by and through the State Treasurer of the State of Oregon. "Load" means the loan made by the State to the Borrower to finance or refinance a portion of the Costs of the Project pursuant to this Loan Agreement. The Loan may be funded by proceeds of State Bonds or from other amounts held in the Special Public Works Fund. Program Deve1apmanNamp3455 Page 6 of 26 "Loan Agreement" means this loan agreement, including any exhibits, schedules or attachments hereto, as it may be supplemented, modified or amended from time to time in accordance with the terms hereof. "Loan Closing Date" means the date of the first disbursement of Loan proceeds in accordance with Section 2.01(c) hereof. "Loan Closing Deadline" means the date by which all conditions precedent Loan Closing must be satisfied, as set out in Exhibit C attached hereto. "Loan Documents" means the Loan Agreement, Note, and any agreements, instrument and certificates required to be executed and delivered hereunder. "Loan Prepayment" means any amounts paid by the Borrower that are in excess of the amount required to be paid as a Loan Repayment. "Loan Repayment" means the scheduled payments of principal and interest required to be made by the Borrower pursuant to the Note, including the Maturity Schedule. "Loan Term" means the term of the Loan as set forth in the Note. "Maturity Schedule" shall mean the scheduled payments of principal and interest required to be made by the Borrower pursuant to the schedule set forth in Exhibit G, attached hereto and by this reference incorporated herein. "Municipality" means any entity described in ORS 285B.410(1) that has entered into a Contract with the State pursuant to which such entity will borrow money from the Special Public Works Fund. "Note" means the promissory note of the Borrower substantially in the form of Exhibit F attached hereto and by this reference made a part hereof. "Optional Loan Prepayment Date" means the Optional Loan Prepayment Date described in F..;hibit C hereto. "Project" means an "infrastructure project", within the meaning of ORS 285B.410(2), of the Borrower described in Exhibit A attached hereto and by this reference made a part hereof, all or a portion of the of which is financed or refinanced by the State pursuant to this Loan Agreement. "Project Completion Date" means the earlier of (a) the date on which all of the proceeds of the Loan, including any investment earnings derived from the investment of such proceeds, have been spent by Borrower; or (b) the date on which the Borrower completes construction of the Project. "Revenues" means the revenues, including all legally available funding, identified in Section 2.07 hereof or in Exhibit D to Borrower's Loan Agreement as a source of repayment for the Loan "Special Public Works Fund" means the fund created by ORS 285B.455(1). Program DevelopmentUemp3455 Page 7 of 26 "State" means the State of Oregon acting by and through its Economic and Community Development Department. "State Bonds" means the series of bonds, if any, authorized by the Bond Indenture and the Act, together with any refunding bonds authenticated and delivered pursuant to the Bond Indenture, in each case to finance or refinance the Project through the initial funding or refinancing of all the Loan. "System" means the utility system or systems, if any, of the Borrower which includes the Project or components of the Project, as such system or systems may be modified or expanded from time to time. References in this Loan Agreement to the Borrower's "System" shall be ignored to the extent that the Project is not a component of a utility system or systems. "Trustee" means the Trustee pursuant to the Bond Indenture, or its successor or successors, and any other corporation which may at any time be substituted in its place as Trustee pursuant to the Bond Indenture. "Underwriter" means the broker, dealer or municipal securities dealer acting as an underwriter in the primary offering of the State Bonds. SECTION 1.02. General Rules. Except where the context otherwise requires, words importing the singular number shall include the plural number and vice versa, and words importing persons shall include firms, associations, corporations, partnerships, agencies and districts. Words importing one gender shall include any other gender. SECTION 1.03. Loan Agreement Not Assigned to Trustee. DURING ANY PERIOD OF TIME IN WHICH THIS LOAN AGREEMENT HAS NOT BEEN ASSIGNED TO THE TRUSTEE, ALL REFERENCES IN THIS LOAN AGREEMENT TO "TRUSTEE," "BOND INDENTURE," "STATE BONDS," "UNDERWRITER" AND "ISSUER" AND THE PROVISIONS OF THIS LOAN AGREEMENT PERTAINING THERETO SHALL BE VOID AND OF NO FORCE OR EFFECT EXCEPT FOR PURPOSES OF DETERMINING THE APPLICABLE REQUIREMENTS OF THE BOND INDENTURE OR DETERMINING ANY REQUIREMENTS OF THIS LOAN AGREEMENT THAT REFER TO PROVISIONS OF THE BOND INDENTURE. ARTICLE II LOAN TO BORROWER SECTION 2.01. Loan Amount; Loan Terms; Disbursements, Use of Proceeds. (a) Loan Amount. Subject to the terms and conditions hereof, in particular Sections 4.01 and 4.02 hereof, the State hereby agrees to loan and disburse to the Borrower, and the Borrower agrees to borrow and accept from the State, the Loan which, in the aggregate, shall not exceed the lesser of (i) the maximum principal amount of the Loan set out in Exhibit C hereof, or (ii) the Costs of the Project. (b) Loan Terms. The terms of the Loan are set forth in Exhibit F hereto. 3 (c) Disbursements. Subject to Sections 4.01 and 4.02 hereof, the proceeds of the Loan shall be disbursed to the Borrower on an expense reimbursement or cost incurred basis upon receipt by the State of a 1. requisition executed by the Borrower in substantially the form attached hereto as Exhibit E which is by this reference incorporated herein. Program Developmenlllemp3455 Page 8 of 26 (d) Use of Proceeds. The Borrower shall use the proceeds of the Loan strictly in accordance with Section 3.02(a) hereof. SECTION 2.02. Loan Payment. (a) Payment. The Borrower hereby covenants and agrees to repay the Loan in accordance with the Contract (including but not limited to the terms of Exhibit D of the Loan Agreement thereto), the terms hereof and of the Note, including the Maturity Schedule. Borrower agrees to pay interest at the rate as adjusted after the sale of State Bonds, if any, as specified in the Note and other Loan Documents and acknowledges that this rate may be higher than the interest rate for direct loans through the Special Public Works Fund. (b) Payments if Assignment. In the event that the Borrower receives written notification from the State, the Issuer or the Trustee that payments made pursuant to this Loan Agreement and Note have been assigned by the State to the Trustee under the Bond Indenture, all payments pursuant to this Loan Agreement and the Note shall be made directly to the Trustee for the account of the State pursuant to such assignment. The Borrower acknowledges that payment or defeasance of the State Bonds by the State or the Issuer does not constitute payment of the amounts due under this Loan Agreement or the Note. SECTION 2.03. Unconditional Obligations. The provisions of the Loan Agreement shall constitute a contract with the State and shall be enforced by the State or the Trustee as assignee pursuant to Section 5.01 hereof. Loan Repayments and all other payments required under the Loan Documents are payable solely from the sources of repayment described in Section 2.07 hereof. The Loan shall be a full faith and credit obligation of Borrower, and the obligation of the Borrower to make the Loan Repayments and all other payments required under the Loan Documents and the obligation to perform and observe the other duties, covenants, obligations and agreements on its part to be performed or observed contained therein shall be absolute and unconditional. Payments hereunder and under any of the other Loan Documents shall not be abated, rebated, set-off, reduced, abrogated, terminated, waived, diminished, postponed or otherwise modified in any manner or to any extent whatsoever, or any payments under this Loan Agreement or Note remain unpaid, regardless of any contingency, act of God, event or cause whatsoever, including (without limitation) any acts or circumstances that may constitute failure of considerations, eviction or constructive eviction, the taking by eminent domain or destruction of or damage to the Project or the System, commercial frustration of the purpose, any change in the laws of the United States of America or of the State of Oregon or any political subdivision of either or in the rules or regulations of any governmental authority, any failure of the State, the Issuer or the Trustee to perform and observe any agreement, whether express or implied, or any duty, liability, or obligation arising out of or connected with the Project, this Loan Agreement or the Bond Indenture or any rights of set off, recoupment, abatement or counterclaim that the Borrower might otherwise have against the State, the Issuer, the Trustee or any other party or parties; provided, however, that payments hereunder shall not constitute a waiver of any such rights. The Borrower shall not be obligated to make any payments required to be made by any other Municipality under any separate loan agreement or the Bond Indenture. 1 SECTION 2.04. Loan Agreement to Survive Bond Indenture and State Bonds. The Borrower acknowledges that its duties, covenants, obligations and agreements hereunder shall survive the discharge of the Bond Indenture applicable to the State Bonds and payment of the principal of, redemption premium, if any, and interest on the State Bonds. Program Developmenlllemp3455 f Page 9 of 26 SECTION 2.05. Loan Prepayments. (a) Mandatory Prepayment. The Borrower shall prepay the outstanding balance of the Loan upon the destruction of all or a substantial portion of the Project. (b) Optional Prepayment on or after the Optional Loan Prepayment Date. Subject to the following terms and conditions, the Borrower may make Loan Prepayments upon not less than ninety (90) days prior written notice to the State and the Trustee; provided, however, that (i) no Loan Prepayment shall be made prior to the Optional Loan Prepayment Date or, if later, the date on which the State Bonds are first subject to optional redemption; (ii) each Loan Prepayment shall include (A) payment of the accrued interest on the amount prepaid and (B) the prepayment premium, if any, applicable to such Loan Prepayment as determined in accordance with Exhibit C hereof, and (C) the payment of any expenses of the Trustee, Counsel to the State or Bond Counsel associated with such prepayment; and (iii) no Loan Prepayment shall be made without the prior written approval of the State. (c) Optional Prepayment prior to the Optional Loan Prepayment Date. Loan Prepayments may be made prior to the Optional Loan Prepayment Date if (i) the Borrower obtains the prior written approval of the State, (ii) an opinion is obtained from the State's Bond Counsel to the effect that such a Loan Prepayment will not adversely affect the exclusion from gross income for federal and state income tax purposes of the interest on the State Bonds and the Loan, (iii) an escrow fund is established with the State or with an escrow agent acceptable to the State, and a deposit shall have been made to such escrow fund of cash and/or United States Treasury obligations which are not subject to redemption or prepayment and maturing as to principal and interest in such amounts and at such times as will, in the opinion of an independent certified public accountant delivered to the State, provide sufficient moneys, without reinvestment of any matured amounts, to make all payments of principal and interest on the Loan or portion to the Loan to be prepaid to and including the Optional Loan Prepayment Date together with any applicable prepayment premium, and (iv) the investment of amounts held in the escrow fund satisfies the requirements of Section 148 of the Code. (d) General. Loan Prepayments shall be applied first to any expenses of the Trustee, then to accrued interest on the portion of the Loan prepaid, and finally to principal payment(s) on the Loan (including premium, if any). In the case of a Loan Prepayment that does not prepay all of the principal of the Loan, the State shall determine, in its sole discretion, the method by which such Loan Prepayment shall be applied to the outstanding principal payments. In the case of any Loan Prepayment prior to the Optional Loan Prepayment Date, Loan Prepayments shall be applied to the expenses of establishing an escrow fund and paying any expenses of the Counsel to the State, Bond Counsel and any independent certified. public accountant required in connection with the actions required pursuant to paragraph (c) above, before such Loan Prepayments are applied to the payment of interest, principal or any redemption premium on the Loan. SECTION 2.06. Unexpended Loan Proceeds. Any proceeds of the Loan held by the State on the Project Completion Date shall be applied, together with any interest earnings thereon, on the Optional Loan Prepayment Date specified in Exhibit C hereof. First, to pay any arbitrage rebate due with respect to the Loan pursuant to Section 148(f) of the Code, Program Developmenlllemp3455 Page 10 of 26 Second, to pay unpaid interest accrued to the Optional Loan Prepayment Date, and Third, to prepay principal on the Loan and any prepayment premium specified on Exhibit C hereof associated with such prepayment. The State shall determine, in its sole discretion, the method by which any payments on the Loan pursuant to this Section 2.06 shall be applied to the outstanding balance of the Loan. If any proceeds of the Loan remain after the payment of the entire outstanding principal balance of the Loan and the prepayment premium specified in Exhibit C, such amounts shall be the property of the State, and the Borrower shall have no claim to such amounts. SECTION 2.07. Sources of Payment of Borrower's Obligations. (a) The State and the Borrower agree that the amounts payable by the Borrower under this Loan Agreement and any of the other Loan Documents, including, without limitation, the amounts payable by the Borrower pursuant to Sections 2.02, 2.05, 2.08 and 6.04 hereof, are payable from the sources of repayment described in paragraph (b) of this Section 2.07; provided however that nothing herein shall be deemed to prevent the Borrower from paying the amounts payable under this Loan Agreement and the other Loan Documents from any other legally available source. (b) The amounts payable by the Borrower under this Loan Agreement and the other Loan Documents are payable from the Revenues, including legally available funds in the Borrower's general fund, and other sources identified in the Special Conditions of Award set forth in Exhibit D to the Borrower's Loan Agreement. The pledges made by the Borrower in these Special Conditions of Award shall be valid and binding from the date of this Loan Agreement pursuant to ORS 288.594. The amounts so pledged and hereafter received by the Borrower shall immediately be subject to the lien of the pledge without physical delivery or further act except as may be stated in the Special Conditions of Award and shall be superior to all other claims and liens whatsoever to the fullest extent permitted by ORS 288.594. The Borrower expressly acknowledges that if the Borrower defaults on payments due under this Loan Agreement or any of the other Loan Documents, the State of Oregon, pursuant to ORS 28513.449, may withhold all or a portion of any amounts otherwise due to the Borrower and apply said amounts to payments due under this Loan Agreement and the other Loan Documents to the fullest extent permitted by law; provided however that the provisions of the Loan Agreement and the Note are not to be construed in a way that would cause the obligations of the Borrower thereunder to constitute debt which violates Section 10, Article XI of the Oregon Constitution. SECTION 2.08. Disclaimer of Warranties; Limitation of Liability; Indemnification. The Borrower acknowledges and agrees that: (a) neither the Issuer, the State nor the Trustee makes any warranty or representation, either express or implied, as to the value, design, condition, merchantability or fitness for particular purpose or fitness for any use of the System or the Project or any portions thereof or any other warranty or representation with respect thereto; (b) in no event shall the State, the Issuer or the Trustee or their respective agents be liable or responsible for any direct, indirect, incidental, special or consequential damages in connection with or arising out of this Loan Agreement, any of the other Loan Documents or the Project or the existence, Program Devolopmentttemp3455 3: 1011111i"i Page II of 26 furnishing, functioning or use of the System or the Project or any item or products or services provided for in this Loan Agreement; and (c) to the extent authorized by law, the Borrower shall indemnify, save and hold harmless the Issuer and the State against any and all claims, damages, liability and court awards including costs, expenses, and attorney fees incurred as a result of any act or omission by the Borrower, or its employees, agents or subcontractors pursuant to the terms of this Loan Agreement or any of the other Loan Documents, provided, however, that the provisions of this paragraph (c) are not intended to and shall not be construed as a waiver of any defense or limitation on damages provided for under and pursuant to Chapter 30 of the Oregon Revised Statutes or under the laws of the United States or other laws of the State of Oregon. ARTICLE III REPRESENTATIONS, WARRANTIES AND COVENANTS OF BORROWER SECTION 3.01. Representations and Warranties of Borrower. The Borrower represents and warrants for the benefit of the State and the holders of the State Bonds, if any, as follows: (a) Organization and Authority. (i) The Borrower is a Municipality as defined in the Act. (ii) The Borrower has full legal right and authority and all necessary licenses and permits required as of the date hereof to own, operate and maintain the Project and its System, other than licenses and permits relating to the Project which the Borrower expects to receive in the ordinary course of business, to carry on its activities relating thereto, to execute and deliver this Loan Agreement, to undertake and complete the Project, and to carry out and consummate all transactions contemplated by this Loan Agreement and the other Loan Documents. (iii) The Project is a project which the Borrower may undertake pursuant to Oregon law and for which the Borrower is authorized by Inw to borrow money. (iv) The proceedings of the Borrower's governing members and voters, if necessary, approving this Loan Agreement and the other Loan Documents and authorizing the execution and delivery of this Loan Agreement and other Loan Documents on behalf of the Borrower, and authorizing the Borrower to undertake and complete the Project have been duly and lawfully adopted in accordance with the laws of Oregon, and the actions of such proceedings were duly approved and published, if necessary, in accordance with applicable Oregon law, at a meeting or meetings which were duly t called pursuant to necessary public notice and held in accordance with applicable Oregon law, and at which quorums were present and acting throughout. f (v) This Loan Agreement and all other Loan Documents required hereunder to be executed by a Borrower have been duly authorized and executed and delivered by an Authorized Officer of the Borrower; and, assuming that the State has all the requisite power and authority to authorize, execute and deliver, and has duly authorized, executed and delivered, this Loan Agreement and the Loan Documents required hereunder to be executed by the State, this Loan Agreement and other Loan Documents required hereunder to be executed by the Borrower constitute the legal, valid and binding Program DevetopmentvemP9455 Page 12 of 26 obligation of the Borrower in accordance with their terms, and the information contained in Exhibits A and B hereto and in Sections 3, 4, 9 and 1 I of Exhibit C hereto is true and accurate in all respects. (vi) Borrower's Contract and the Loan Agreement have been authorized by ORS 285B.437(1) and an ordinance of the Borrower which was adopted in accordance with ORS 285B.443(3) after proper publication at least fourteen (14) days prior notice published at least once in a newspaper of general circulation within the Borrower's jurisdiction and was adopted in accordance with applicable law and the Borrower's requirements for filing public notices and holding public meetings. (b) Full Disclosure. There is no fact that the Borrower has not disclosed to the State in writing on the Borrower's application for the Loan or otherwise that materially adversely affects the properties, activities, prospects or condition (financial or otherwise) of the Borrower, the Project or the Borrower's System, or the ability of the Borrower to make all Loan Repayments and otherwise observe and perform its duties, covenants, obligations and agreements under this Loan Agreement and the other Loan Documents. Neither the Borrower's application for the Loan or the Borrower's representations in this Loan Agreement or any of the other Loan Documents contain any untrue statement of a material fact or omits any statement or information which is necessary to make the statements therein, in light of the circumstances under which they were made, not misleading. (c) Pending Litigation. There are no proceedings pending, or, to the knowledge of the Borrower threatened, against or affecting the Borrower, in any court or before any governmental authority or arbitration board or tribunal that, if adversely determined, would materially adversely affect the Project, properties, activities, prospects or condition (financial or otherwise) of the Borrower or its System, or the ability of the Borrower to make all Loan Repayments and otherwise observe and perform its duties, covenants, obligations and agreements under this Loan Agreement and the other Loan Documents, that have not been disclosed in writing to the State in the Borrower's application for the Loan or otherwise. (d) Compliance with Existing Agreements, Etc. The authorization, execution and delivery of this Loan Agreement and the other Loan Documents by the Borrower, the observation and performance by the Borrower of its duties, covenants, obligations and agreements thereunder and the consummation of the transactions provided for in this Loan Agreement and the other Loan Documents, the compliance by the Borrower with the provisions of this Loan Agreement and the other Loan Documents and the undertaking and completion of the Project will not result in any breach of any of the terms, conditions or provisions of, or constitute a default under, or result in the creation or imposition of any lien, charge or encumbrance upon any property or asset of the Borrower pursuant to, any existing ordinance or resolution, trust agreement, indenture, mortgage, deed of trust, loan agreement or other instrument (other than any lien and charge of this Loan Agreement or any of the documents related hereto or to the Bond Indenture) to which the Borrower is a party or by which the Borrower, its System or any of its property or assets may be bound, nor will such action result in any violation of the provisions of the charter or other document pursuant to which the Borrower was established or any laws, ordinances, resolutions, governmental rules, regulations or court orders to which the Borrower, its System or its properties or operations is subject. (e) No Defaults. No event has occurred and no condition exists that, upon authorization, execution and delivery of this Loan Agreement or any of the Loan Documents or receipt of the amount of the Loan, would constitute an Program Development\lemp3455 Page 13 of 26 Event of Default hereunder. The Borrower is not in violation of, and has not received notice of any claimed violation of, any term of any agreement or other instrument to which it is a party or by which it, its System or its property may be bound, which violation would materially adversely affect the Project, properties, activities, prospects or condition (financial or otherwise) of the Borrower or its System or the ability of the Borrower to make all Loan Repayments or otherwise observe and perform its duties, covenants, obligations and agreements under this Loan Agreement and the other Loan Documents. (f) Governmental Consent. The Borrower has obtained or will obtain all permits and approvals required to date by any governmental body or officer for the making, observance and performance by the Borrower of its duties, covenants, obligations and agreements under this Loan Agreement and the other Loan Documents or for the undertaking or completion of the Project and the financing or refinancing thereof; and the Borrower has complied or will comply with all applicable provisions of law requiring any notification, declaration, filing or registration with any governmental body or officer in connection with the making, observance and performance by the Borrower of its duties, covenants, obligations and agreements under this Loan Agreement and the other Loan Documents or with the undertaking or completion of the Project and the financing or refinancing thereof. No consent, approval or authorization of, or filing, registration or qualification with, any governmental body or officer that has not been obtained is required on the part of the Borrower as a condition to the authorization, execution and delivery of this Loan Agreement or any other Loan Document. (g) Compliance with Law. The Borrower: (i) is in compliance with all laws, ordinances, and governmental rules and regulations to which it is subject, the failure to comply with which would materially adversely affect the ability of the Borrower to conduct its activities or undertake or complete the Project or the condition (financial or otherwise) of the Borrower or its System; and (ii) has obtained or will obtain all licenses, permits, franchises or other governmental authorizations presently necessary for the ownership of its property or for the conduct of its activities which, if not obtained, :would materially adversely affect the ability of the Borrower to conduct its activities or undertake or complete the Project or the condition (financial or othemise) of the Borrower or its System. The State's performance under this Loan Agreement is conditioned upon the Borrower's compliance with the provisions of ORS 279.312, 279.314, 279.316, 279.320, and 279.555, which are incorporated by reference herein. (h) The Project. (i) The Project is feasible, and there will be adequate funds available to complete the Project and repay the Loan. (ii) The Borrower has been provided with a copy of the rules adopted by the State under ORS 285B.419(1), and the Project is in compliance with such rules. (iii) The Loan Term is not in excess of the useful life of the Project. (iv) The Borrower has adequate financial resources to ensure the project's success. Program Developmentltemp3455 su Page 14 of 26 (v) The Project will benefit a broad cross-section of the community. (vi) The Project is situated in a city or county with a comprehensive land use plan that allows industrial and commercial development of a type and scale that is sufficient to produce revenues to repay the costs of the Project. (vii) To the extent shown in the Special Conditions of Award, the Borrower has provided as part of the security for repayment of the Loan, provisions for payments from any owners of property specially benefited by the Project which are sufficient when considered with other security to assure repayment of the Loan and the portion of any State Bonds that find or refinance the Loan. (i) Costs of the Project. The Borrower certifies that the Costs of the Project, as listed in Exhibits B and C hereto, (i) are a reasonable and accurate estimation and based upon an engineer's feasibility report and engineer's estimate stamped by a registered professional engineer, or an architect's feasibility report and architect's estimate stamped by a licensed architect, as applicable, a copy of which shall be promptly provided to the State upon request, (ii) exceeds the principal amount of the Loan shown on Exhibit C, and (iii) are not less than the sum of the proceeds of the Loan and the investment earnings projected to be derived from the investment of such proceeds. The Borrower further certifies that a registered professional engineer or licensed architect, in good standing in Oregon, will be responsible for design and construction of the Project. 0) Continuing Representations. The representations of the Borrower contained herein shall be true at the time of the Loan Closing Date and at all times during the term of this Loan Agreement. SECTION 3.02. Particular Covenants of the Borrower. (a) Use of Proceeds. The Borrower will apply the proceeds of the Loan and interest earnings thereon (i) to finance all or a portion of the Costs of the Project; and (ii) where applicable and with prior written approval of the State, to reimburse the Borrower for a portion of the Costs of the Project, which portion was paid or incurred in anticipation of reimbursement by the State; provided however that all such reimbursements shall satisfy the requirements of Section 1.150-2 of the tax regulations promulgated under the Code. None of the proceeds of the Loan shall be used for ineligible activities as specified in Section 3.B. of the Contract. (b) Source of Repayment. The Loan shall be paid from such sources of repayment described in Section 2.07 hereof and the Special Conditions of Award set forth in Exhibit D to the Loan Agreement. Funds from such sources shall be applied to the punctual payment of the principal of and the interest on the Loan and all other amounts due under this Loan Agreement and the other Loan Documents according to their respective terms. (c) Performance Under Loan Documents. The Borrower covenants and agrees (i) to maintain the Project and its System in good repair and operating condition; (ii) to cooperate with the State in the observance and performance of the respective duties, covenants, obligations and agreements of the Borrower and the State under this Loan Agreement and the other Loan Documents; and (iii) to comply with the covenants described in this Loan Agreement and the other Loan Documents. Program DevalopmenAlemp3455 Page 15 of 26 (d) Completion of Project and Provision of Moneys Therefore. The Borrower covenants and agrees to provide the State with copies of all plans and specifications relating to the Project for review and approval by the State, but in any event no later than ten days prior to the date on which bids are advertised. The Borrower shall obtain as-built drawings for all facilities of the Project and obtain certification of completion per as-built drawings from the Project engineer or architect within ninety (90) days of the Project Completion Date. The Borrower shall supply a copy of such drawings and certification to the State upon request. The Borrower further covenants and agrees (i) to exercise its best efforts in accordance with prudent practice to complete the Project and to so accomplish such completion on or before the estimated Project Completion Date set forth in Exhibit C; (ii) to proceed expeditiously with, and complete, the Project in accordance with plans reviewed and approved by the State and (iii) to provide from its own fiscal resources all moneys, in excess of the total amount of Loan proceeds it receives pursuant to this Loan Agreement, required to complete the Project. For purposes of (ii) of the preceding sentence, if the State does not review the plans and specifications or suggests modifications thereto within thirty (30) days of the receipt by the State of the plans and specifications, they shall be deemed approved. The Borrower shall have a program, documented to the satisfaction of the State, for the on-going maintenance, operation and replacement, at its sole expense, of the Project. The program shall include a plan for generating revenues sufficient to assure the operation, maintenance and replacement of the Project during the useful life of the Project. Borrower shall provide such documentation to the State on or before the Project Completion Date. (e) Disposition of Project or System. Unless worn out, obsolete, or in the reasonable business judgement of the Borrower, no longer useful in the operation of the Project, the Borrower shall not sell, lease, exchange, abandon or otherwise dispose of all or substantially all or any substantial portion of the Project or its System or any other system which provides revenues for payment of amounts due under this Loan Agreement and the Loan Documents, except (i) if the State consents thereto in writing upon ninety (90) days' prior written notice to the State and (ii) either: (i) The Borrower assigns this Loan Agreement and the other Loan Documents pursuant to Section 5.02 hereof, (ii) The Borrower demonstrates to the satisfaction of the Trustee that such sale, lease, abandonment or other disposition will not adversely affect the rating of the State Bonds, (iii) A rating of the Loan is obtained which (a) addresses such sale, lease, exchange, abandonment or other disposition, (b) is no lower than the rating of the State Bonds and (c) shall be in one of the three highest rating categories (without regard to any refinement or gradation of rating category by numerical modifier or otherwise) by Moody's Investors Service or Fitch Investors Service. Inc., or (iv) The State certifies to the Borrower that this Loan Agreement has not been assigned to the Trustee and provides a copy of such certification to the Trustee. The State shall not consent to any such sale, lease, exchange, abandonment or other disposition unless the State shall have received an opinion of Bond Counsel to the effect that such sale, lease, exchange, abandonment or other disposition complies with the Act and will not adversely affect the Program Developmenntemp1455 Page 16 of 26 exclusion of interest on the Loan and on the State Bonds from gross income for purposes of federal income taxation under Section 103(a) of the Code (as defined in the Loan Agreement). Proceeds of any such transfer not used to replace property that is part of the Project shall be applied to the payment of the outstanding principal of and interest in the Loan as a Loan Prepayment subject to a prepayment premium, if any, as provided in Section 2.05 of this Agreement. (f) Exclusion of Interest from Federal Gross Income and Compliance with Code. (i) The Borrower covenants and agrees that it shall not take any action or omit to take any action which action or omission would result in the loss of the exclusion of the interest on the Loan from gross income for purposes of federal income taxation as that status is governed by Section 103(x) of the Code. (ii) The Borrower shall not take any action or omit to take any action, which action or omission would cause the Loan to be a "private activity bond" within the meaning of Section 141(a) of the Code. Accordingly, unless the Borrower receives the prior written approval of the State, the Borrower shall neither (A) permit in excess of 10 percent of either (1) the proceeds of the Loan or (2) the Project financed or refinanced with the proceeds of the Loan, to be used directly or indirectly in any manner that would constitute "private business use" within the meaning of Section 141(b)(6) of the Code, nor (B) use directly or indirectly any of the proceeds of the Loan, to make or finance loans to persons other than governmental units as such term is used in Section 141(c) of the Code; provided further, that at least one half of the private business use permitted by clause (A) shall be neither disproportionate related business use, nor private business use not related to the government use of such proceeds of the Loan. (iii) The Borrower shall not directly or indirectly use or permit the use of any of the "gross proceeds" (within the meaning of Section 148 of the Code) of the Loan or any other funds or take any action or omit to take any action, which use or action or omission would cause the Loan to be an "arbitrage bond" within the meaning of Section 148(a) of the Code. (iv) The Borrower shall not use directly or indirectly the proceeds of the Loan in any manner that would constitute an "advance refunding" within the meaning of Section 149(d)(5) of the Code and shall not prepay the Loan or any part of the Loan without the prior written approval of the State and as provided in this Loan Agreement. i (v) The Borrower will not cause the Loan to be treated as a "federally guaranteed" obligation for purposes of Section 149(b) of the Code. For purposes of this paragraph, the Loan shall be treated as "federally guaranteed" if. (A) all or any portion of the principal or interest is or will be guaranteed directly or indirectly by the United States of America or any agency or instrumentality thereof, or (B) five percent (5%) or more of the proceeds of the Loan will be (1) used in making loans, the payment of principal or interest with respect to which is guaranteed in whole or in part by the United States of t America or any agency or instrumentality thereof, or (2) invested directly or indirectly in federally insured deposits or accounts, and (C) none of the exceptions described in Section 149(b)(3) of the Code apply. (vi) The Borrower agrees to assist the State, the Issuer and the Trustee to ensure that all amounts required to be rebated to the United States of America pursuant to Section 148(f) of the Code are rebated to the United States of America. The Borrower agrees to provide al l amounts necessary to Program DevelopmentMemp3455 Page 17 of 26 satisfy the requirements of Section 148(f) applicable to the Loan and, to pay to the State, the Issuer, or the Trustee such amounts as may be directed by the State, the Issuer, or the Trustee and at such times as the Borrower may be so directed to satisfy the requirements of Section 148(f) of the Code applicable to the portion of the proceeds of any State Bonds, including any proceeds or other amounts held in a reserve fund, applied to fund or refinance the Loan. The Borrower further agrees to reimburse the State, the Issuer or the Trustee for the portion of any expenses incurred by them that relate to the Loan and are necessary to satisfy the requirements of Section 148(f) of the Code. (vii) In furtherance of the foregoing, the Borrower covenants that it will comply with the provisions of this Loan Agreement and with the provisions of any certificate executed by the Borrower relating to compliance with the provisions of Sections 103 and 141 through 150 of the Code executed by the Borrower, the State or the Issuer with respect to the Loan and will furnish to the State, the Issuer, or the Trustee in writing, upon reasonable request, information regarding investments and use of proceeds of the Loan and of any facilities financed or refinanced therewith. (viii) The Borrower shall not enter into any management agreement for the operation of the Project that would cause the Loan to be or become a "private activity bond" within the meaning of Section 141(a) of the Code. (ix) Notwithstanding anything to the contrary, so long as is necessary to maintain the exclusion from gross income for purposes of federal income taxation of interest on the Loan, the covenants contained in this subsection (f) shall survive the payment of the Loan and the State Bonds, and the interest thereon, including any payment pursuant to Section 2.05 of this Loan Agreement. The Borrower acknowledges that the Loan may be funded with the proceeds of the State Bonds and that failure to comply with the requirements of this subsection (f) could adversely affect any exclusion of the interest on the State Bonds from gross income for federal income tax purposes. (x) Neither the Borrower nor any related party to the Borrower, within the meaning of Section 1.150-1(b) of the federal income tax regulations shall purchase State Bonds in an amount related to the amount of the Loan. (g) Operation and Maintenance of Project and System The Borrower covenants and agrees that it shall, in accordance with prudent ownership practice, (i) at all times operate the Community Facility Project so as to preserve the long term public benefits of the Project, (ii) maintain the Project and the System in good repair, working order and operating condition, including from time to time making all necessary and proper repairs, renewals, replacements, additions, betterments and improvements as may be required. (h) Records; Accounts. The Borrower shall keep accurate records and accounts for the revenues and funds that are the source of repayment of the Loan, including but not limited to the Revenues (the "Repayment Revenue Records"), separate and distinct from its other records and accounts (the "General Records"). Such Repayment Revenue Records shall be maintained in accordance with generally accepted accounting principles as established by the Government Accounting Standards Board as in effect from time to time and shall be audited annually by an independent accountant, which audit may be part of the annual audit of the General Records of the Borrower. Such Repayment Revenue Records and General Records shall be made available for inspection by the State, the Issuer or the Trustee at any reasonable time, and a copy of such annual audit(s) therefore, Program Development\lemp1455 Page 18 of 26 including all written comments and recommendations of such accountant, shall be furnished to the State within 210 days of the close of the fiscal year being so audited. The Borrower's financial management system must conform with the generally accepted accounting principles for state and municipal corporations established by the National Committee on Governmental Accounting as in effect from time to time. (i) Inspections; Information. The Borrower shall permit the State and the Trustee and any party designated by any of such parties to examine, visit and inspect, at any and all reasonable time, the property, if any, constituting the Project, and to inspect and make copies of any accounts, books and records, including, without limitation, its records regarding receipts, disbursements, contracts, investments and any other matters relating thereto and to its financial standing, and shall supply such reports and information as the State and the Trustee may reasonably require in connection therewith. In addition, the Borrower shall provide the State with copies of loan documents or other financing documents and any official statements or other forms of offering prospectus relating to any other bonds, notes or other indebtedness of the Borrower that are issued after the Loan Closing Date and are secured by the Revenues. 0) Insurance. The Borrower shall maintain or cause to be maintained, insurance policies with responsible insurers or self insurance programs providing against risk of direct physical loss, damage or destruction of the Project and System, at least to the extent that similar insurance is usually carried by governmental units constructing, operating and maintaining similar facilities, including liability coverage, all to the extent available at reasonable cost. Nothing herein shall be deemed to preclude the Borrower from exerting against any party, other than the State, a defense which may be available to the Borrower, including without limitation a defense of immunity. In the event the Project or any portion thereof is destroyed, any insurance proceeds shall be paid to the State and shall be applied to the principal of and interest on the Loan, unless the State agrees in writing that the insurance proceeds shall be used to rebuild the Project. Any application of insurance proceeds to prepay the outstanding principal of the Loan shall not be subject to the prepayment premium, if any, as provided in Section 2.05(b). (k) Condemnation. In the event the Proje-t or any portion thereof is condemned, any condemnation proceeds shall be t:sed to prepay the outstanding balance on the Loan and shall not be subject to the prepayment premium, if any, as provided in Section 2.05(b). (1) Notice of Material Adverse Change. The Borrower shall promptly notify the State and the Trustee of any material adverse change in the activities, prospects or condition (financial or otherwise) of the Borrower, the Project, or the Borrower's System, or in the ability of the Borrower to make all Loan Repayments and otherwise observe and perform its duties, covenants, obligations and agreements under this Loan Agreement and the other Loan Documents. (m) Continuing Disclosure Requirements. The Borrower shall provide the State with any information needed to comply with paragraph (b)(5) of the Securities and Exchange Commission Rule 15c2-12, 17 C.F.R, 240.15c2-12 (the "SEC Rule"), with respect to State Bonds. In addition, if the Borrower becomes an "obligated person" within the meaning of the SEC Rule or an "Obligated Borrower" (as such term is defined by the State or the State Treasurer of the State of Oregon) for the State Bonds, the Borrower shall, in addition to the requirements of paragraphs (h) and (i) of Section 3.02 of this Loan Agreement, provide the following to the State upon request: Program Developmenl\Iemp3455 e Page 19 of 26 (i) any and all financial information or operating data that may reasonably be requested by the State to comply with the SEC Rule, and (ii) audited financial statements, when and if prepared and available, prepared in accordance with generally accepted accounting principles as established by the Government Accounting Standards Board as in effect from time to time; provided, however, that if audited financial statements are not available, unaudited financial statements will be provided with audited financial statements to follow when and if available. (n) Financial Statements; Reports. The Borrower shall deliver to the State in form and details satisfactory to the State: (i) As soon as reasonably possible and in any event within ninety (90) days after the close of each fiscal year of the Borrower, unaudited statements of revenues, expenditures, cash flows, and changes in retained earnings for each of the funds constituting the Revenues for such period, all in comparative form and all in reasonable detail and certified by the chief financial officer of the Borrower, subject to year-end audit adjustments. (ii) Such other statement or statements or reports as to the Borrower as the State may reasonably request. (o) Contract Covenants. The Borrower covenants and agrees to comply with the terms of the Contract including the covenants of the Borrower in Section 6 of the Contract. (p) Further Assurances. The Borrower shall, at the request of the State, authorize, execute, acknowledge and deliver such further resolutions, conveyances, transfers, assurances, financing statements and other instruments as may be necessary or desirable for better assuring, conveying, granting, assigning and confirming the rights, security interests and agreements granted or intended to be granted by this Loan Agreement. ARTICLE IV CONDITIONS PRECEDENT SECTION 4.01. Loan Closing The State's obligations hereunder are subject to satisfaction of the following conditions precedent on or prior to the Loan Closing Deadline or such later date as the State may authorize in writing in State's sole and absolute discretion. (a) the Borrower will cause to be duly executed and delivered to the State (regardless of whether the Loan Agreement is assigned to the Trustee) the following items, each in form and substance satisfactory to State, its Counsel and Bond Counsel: (i) this Loan Agreement duly executed and delivered by an Authorized Officer of the Borrower; (ii) the Note duly executed and delivered by an Authorized Officer of the Borrower; Program Developmentttemp&I55 11is Mme rMMMM Page 20 of 26 (iii) the Contract duly executed and delivered by an Authorized Officer of the Borrower; (iv) copy of the ordinance or resolution of the governing body of the Borrower authorizing the execution and delivery of this Loan Agreement, the other Loan Documents, and the Borrower's Contract, certified by an Authorized Officer of the Borrower; (v) an opinion of the Borrower's Counsel, acceptable to the State, substantially in the form set forth in Section 63 (a) of the Bond Indenture (such opinion or portions of such opinion may be given by one or more Counsel); provided, however, that the State and its Counsel or Bond Counsel may permit variances in the form of such opinion, if such variances are not to the material detriment of the interests of the holders of the State Bonds; (vi) the documents required by Section 63 (a), (c), (d) and (f) (if applicable) of the Bond Indenture (regardless of whether the Loan Agreement is assigned to the Trustee) to the State; and (vii) such other certificates, documents, opinions and information as the State, the Issuer, the Trustee, the Bond Counsel, or the Underwriter may reasonably require. (b) There is money available in the Special Public Works Fund for the Project; provided, however, the State shall be under no obligation to make this Loan if there has been a change in the Act so that the Project is no longer eligible for financial assistance authorized by this Loan Agreement. SECTION 4.02. Conditions to Disbursements. Notwithstanding anything in this Loan Agreement or any of the Loan Documents to the contrary, the State shall have no obligation to make any disbursement to the Borrower hereunder if: (a) an Event of Default has occurred and is continuing under this Loan Agreement or any of the Loan Documents or the Bond Indenture or event, omission or failure of a condition which would constitute an Event of Default as defined in this Loan Agreement or any of the Loan Documents or the Bond Indenture after notice or lapse of time or both; (b) The representations and warranties of the Borrower made in this Loan Agreement are not true and correct on the date of disbursement with the same effect as if made on such date; (c) State has not received (i) a requisition executed by the Borrower in substantially the form of Exhibit E attached hereto and by this reference made a part hereof or has not received (ii) such other written evidence of materials and labor furnished to or performed upon the Project, itemized receipts or invoices for the payment of the same, and releases, satisfactions and other signed statements and forms as the State may require as a condition for making disbursement of the Loan. The State may, at its option, from time to time, either reimburse the Borrower for construction costs paid or may make direct payment for construction costs to suppliers, subcontractors and others for sums due them in connection with construction of the Project. Nothing herein contained shall require the State to pay any amounts for labor or materials unless satisfied that such claims are reasonable and that such labor and materials were actually expended and used in the construction of the Project. The State, at its option, from time to time, may also require that the Borrower Program OevalopmenBlerri I Page 21 of 26 have a contractor or subcontractor execute and/or deliver a surety bond or indemnification in form and substance acceptable to the State for the faithful performance of the construction contract or subcontract and payment of all liens and lienable expenses in connection therewith in a sum equal to the contract or subcontract price. Disbursements for the Costs of the Project shall be subject to a retainage at the rate of five percent (5%) which will be released upon satisfactory completion of the Project; or (d) Money is not available in the Special Public Works Fund to fund the disbursement. Further, the State shall have no obligation to make any disbursement to the Borrower if, on or before the time for disbursement, there has been a change in the Act so that the Project is no longer eligible for financial assistance authorized by this Loan Agreement. ARTICLE V ASSIGNMENT SECTION 5.01. Assignment and Transfer by the State. (a) The Borrower expressly acknowledges that, other than the right, title and interest of the State under Sections 2.08 and 6.04, all right, title and interest of the State in, to and under this Loan Agreement and the other Loan Documents either has been or may, at the sole discretion of the State, be assigned to the Trustee as security for the State Bonds as provided in the Bond Indenture, and that if any Event of Default shall occur and if this Loan Agreement and other Loan Documents have been assigned to the Trustee, the Trustee, pursuant to the Bond Indenture, shall be entitled to act hereunder in the place and stead of the State. The Borrower hereby consents to assignment of this Loan Agreement and the other Loan Documents to the Trustee for the State Bonds. The State acknowledges that the Borrower is not a party to the Bond Indenture and has no obligation to perform any of the State's covenants, agreements or obligations under the Bond Indenture or the State Bonds, and that the Borrower is only required to observe and perform its covenants, agreements and obligations under this Loan Agreement, the other Loan Documents, and the Contract and, if and when requested by the State, to cooperate with the State in order to enable the State to comply with the State's covenants, agreements or obligations under the Bond Indenture. This Loan Agreement and the other Loan Documents, including, without limitation, the right to receive payments required to be made by the Borrower hereunder and under the other Loan Documents and to compel or otherwise enforce observance and performance by the Borrower of its other duties, covenants, obligations and agreements hereunder ant' under the other Loan Documents, may be sold by the State to a third party or may be further transferred, assigned and reassigned in whole or in part to one or more assignees or subassignees by the Trustee at any time without the necessity of obtaining the consent of, but after giving prior written notice to, the Borrower. In the event of the assignment of this Loan Agreement and the other Loan Documents to the Trustee, the State shall retain the right to compel or otherwise enforce observance and performance by the Borrower of its duties, covenants, obligations and agreements under Sections 3.01(f) and 3.02(d); provided, however, that in no event shall the State have the right to accelerate the outstanding balance payable pursuant to this Loan Agreement in connection with the enforcement of Sections 3.01(f) and 3.02(d). (b) The Borrower hereby approves and consents to any assignment, sale or transfer of this Loan Agreement and the Loan Documents that the State deems to be necessary, including any assignment, sale or transfer in connection with any refunding of the State Bonds or the issuance of additional bonds under the Bond Indenture or otherwise in connection with any pooled loan program of the State. SECTION 5.02. Assignment by Borrower. Program Developmenmemp3455 Page 22 of 26 This Loan Agreement and the other Loan Documents may not be assigned by the Borrower without the prior written consent of the State. The State may grant or withhold such consent in its sole discretion. In the event of an assignment of this Loan Agreement and the other Loan Documents by Borrower and assumption of the obligations hereunder, Borrower shall pay, or cause to be paid, to the State any fees or costs incurred by the State as the result of such assignment, including but not limited to, attorney fees of Bond Counsel or in-house Counsel. ARTICLE VI DEFAULTS AND REMEDIES SECTION 6.01. Event of Default. If any of the following events occurs, it is hereby defined as and declared to be and to constitute an "Event of Default:" (a) Failure by the Borrower to pay, or cause to be paid, on December 1 of any year any Loan Repayment required to be paid hereunder on such due date, except if the Borrower is a county and such failure is the result of nonappropriation of funds; or (b) Failure by the Borrower to make, or cause to be made, any required payments of principal, redemption premium, if any, and interest on any bonds, notes or other obligations of the Borrower for borrowed money (other than the Loan), after giving effect to the applicable grace period; or (c) Any representation made by or on behalf of the Borrower contained in this Loan Agreement or any other Loan Document, or in any agreement, instrument, certificate or document furnished in compliance with or with reference to this Loan Agreement, any other Loan Document or the Loan or in connection with the State Bonds, is false or misleading in any material respect; or (d) A petition is filed by or against the Borrower under any federal or state bankruptcy or insolvency law or other similar law in effect on the date of this Loan Agreement or thereafter enacted, unless in the case of any such petition filed against the Borrower, such petition shall be dismissed within twenty (20) calendar days after such filing, and such dismissal shall be final and not subject to appeal; or the Borrower shall become insolvent or bankrupt or make an assignment for the benefit of its creditors; or a custodian (including, without limitation, a receiver, liquidator or trustee of the Borrower or any of its property) shall be appointed by court order or take possession of the Borrower or its property or assets if such order remains in effect or such possession continues for more than thirty (30) calendar days; or (e) Failure of the Borrower's governing body to appropriate sufficient funds to fully fund all of the b Borrower's obligations to make Loan Repayments hereunder for any future fiscal period, except if the Borrower is a county and such failure is the result of nonappropriation of funds; or (f) The occurrence of any event of default under Section 7 of the Contract; or (g) Failure by the Borrower to observe and perform any duty, covenant, obligation or agreement (including that described in subsection (h) below) on its part to be observed or performed under this Loan Agreement or any other Loan Documents, other than as referred to in subsections (a) through (f) of this Section, which failure shall continue for a period of thirty (30) calendar days after written notice, specifying such failure and requesting that it be remedied, is given to the Borrower by the State or the Trustee, unless the State or the Trustee shall agree in writing to an extension of such time prior to its expiration; provided, Program Developmendtemp3455 MUM Page 23 of 26 however, that if the failure stated in such notice is correctable but cannot be corrected within the applicable period, the State or the Trustee may not unreasonably withhold their consent to an extension of such time up to one hundred twenty (120) days from the delivery of the written notice referred to above if corrective action is instituted by the Borrower within the applicable period and diligently pursued until the Event of Default is corrected; or (h) The Borrower fails to proceed expeditiously with, or to complete, the Project or any segment or phase of the Project in accordance with the plans and schedules approved by the State. SECTION 6.02. Notice of Default. The Borrower shall give the State and the Trustee (if this Loan Agreement and the other Loan Documents have been assigned to the Trustee) prompt telephonic notice of the occurrence of any Event of Default referred to in Section 6.01(d) hereof, and of the occurrence of any other event or condition that constitutes an Event of Default at such time as any senior administrative or financial officer of the Borrower becomes aware of the existence thereof. Any telephone notice pursuant to this Section 6.02 shall be confirmed in writing as soon as practicable by the Borrower. SECTION 6.03. Remedies on Default. Whenever an Event of Default referred to in Section 6.01 hereof shall have occurred and be continuing, the State shall have the right to take, or to direct the Trustee to take, any action permitted or required pursuant to the Loan Agreement or any other Loan Document or the Bond Indenture and to take whatever other action at law or in equity may appear necessary or desirable to collect the amounts then due and thereafter to become due hereunder or to enforce the performance and observance of any duty, covenant, obligation or agreement of the Borrower hereunder, including without limitation, (a) declaring all Loan Repayments and all other amounts due hereunder and under the other Loan Documents (including, but not limited to the state's cost of defeasance of the portion of any State Bonds allocable to the Loan, if all or a portion of the principal of and interest on the Bonds has been accelerated pursuant to the Bond Indenture) to be immediately due and payable, and upon notice to the Borrower the same shall become due and payable without further notice or demand, (b) appointment of a receiver of the System, (c) refusal to disburse any Loan proceeds, (d) barring the Borrower from applying for future Special Public Works Fund assistance, or (e) withholding amounts otherwise due to the Born •wer to apply to the payment of amounts due under this Loan Agreement as provided in ORS 285B.449. SECTION 6.04. Attorney's Fees i If any suit or action arising out of or related to this Loan Agreement is brought by any party, the prevailing party or parties shall be entitled to recover the costs and fees (including without limitation reasonable attorney's fees, the fees and costs of experts and consultants, copying, courier, and { telecommunication costs, and deposition costs and all other costs of discovery) incurred by such party or parties in such suit or action, including without limitation any post-trial or appellate proceeding, or in the collection or enforcement of any judgment or award entered or made in such suit or action; provided, 3 however, that recovery from the State under this section is subject the limitations of the Oregon Constitution, Article XI, section 7, and other relevant statutes. SECTION 6.05. Application of Moneys. Any moneys collected by the State or the Trustee pursuant to Section 6.03 hereof shall be applied (a) first, to pay any attorney's fees, Trustee's fees, or other fees and expenses owed by the Borrower hereunder, (b) second, to pay interest due and payable on the Loan, (c) third, to pay principal due and payable on the Program DevelopmomUemP3455 Page 24 of 26 Loan, and (d) fourth, to pay any other amounts due and payable under this Loan Agreement or any of the Loan Documents. SECTION V1.06. No Remedy Exclusive, Waiver, Notice. No remedy herein conferred upon or reserved to the State or the Trustee is intended to be exclusive, and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Loan Agreement or any of the Loan Documents or now or hereafter existing at law or in equity. No delay or omission to exercise any right, remedy or power accruing upon any Event of Default shall impair any such right, remedy or power or shall be construed to be a waiver thereof, but any such right, remedy or power may be exercised from time to time and as often as may be deemed expedient. To entitle the State or the Trustee to exercise any remedy reserved to it in this Article VI, it shall not be necessary to give any notice, other than such notice as may be required in this Article VI. SECTION 6.07. Retention of State's Rights. Notwithstanding any assignment or transfer of this Loan Agreement and the Loan Documents pursuant to the provisions hereof or of the Bond Indenture, or anything else to the contrary contained herein, the State shall have the right upon the occurrence of an Event of Default to take any action, including (without limitation) bringing an action against the Borrower at law or in equity, as the State may, in its discretion, deem necessary to enforce the obligations of the Borrower to the State pursuant to Sections 2.02, 2.08, and 6.04 hereof. SECTION 6.08. Default by the State. In the event of any default by the State under any covenant, agreement or obligation of this Loan Agreement, the Borrower's remedy for such default shall be limited to injunction, special action, action for specific performance or any other available equitable remedy designed to enforce the performance or observance of any duty, covenant, obligation or agreement of the State hereunder as may be necessary or appropriate. ARTICLE VII MISCELLANEOUS SECTION 7.01. Notices. All notices, certificates or other communications hereunder shall be sufficiently given and shall be deemed given when hand delivered or mailed by registered or certified mail, postra_;e prepaid, to the Borrower at the address specified on Exhibit C hereof and to the State, the Issuer and the Trustee at the following addresses: (a) State: Economic and Community Development Department Attention: Manager, Northwest Team One World Trade Center, Suite 250 121 SW Salmon Street Portland, OR 97204 (b) Issuer: State Treasurer Attention: Manager, Debt Management Division 100 Labor & Industries Building Salem, OR 97301 Program DevelopmentUemp3455 Page 25 of 26 (c) Trustee: BNY Western Trust Company Attention: Corporate Trust Department Two Union Square 601 Union Street, Suite 525 Seattle, WA 98101 Any of the foregoing parties may designate any further or different addresses to which subsequent notices, certificates or other communications shall be sent, by notice in writing given to the others. SECTION 7.02. Binding Effect. This Loan Agreement shall inure to the benefit of and shall be binding upon the State and the Borrower and their respective successors and assigns. In addition, the Trustee shall be considered as a beneficial party to this Loan Agreement, with all attendant rights to enforce the duties, obligations, covenants and agreements of the Borrower set forth herein, to the same extent as if the Trustee was a party hereto. SECTION 7.03. Severability. In the event any provision of this Loan Agreement shall be held illegal, invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate, render unenforceable or otherwise affect any other provision hereof. SECTION 7.04. Amendments, Supplements and Modifications. This Loan Agreement may not be amended, supplemented or modified without the prior written consent of the State and the Borrower. This Loan Agreement may not be amended, supplemented or modified in a manner that is not in compliance with the Act and the Bond Indenture or so as to adversely affect the interest of the owners of the State Bonds. SECTION 7.05. Execution in Counterparts. This Loan Agreement may be executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. SECTION 7.06. No Construction against Drafter. Both parties acknowledge that they are each PH represented by and have sought the advice of Counsel in connection with this Loan Agreement and the transactions contemplated hereby and have read and understand the terms of this Loan Agreement. The H terms of this Loan Agreement shall not be construed against either party as the drafter hereof. SECTION 7.07. Applicable Law. H a This Loan Agreement shall be governed by and construed in accordance with the laws of the State of Oregon, including the Act. Any claim, action, suit or proceeding (collectively, "Claim") between the State c7 (and/or any agency or department of the State of Oregon) and the Borrower that arises from or relates to this Loan Agreement shall be brought and conducted solely and exclusively within the Circuit Court of Marion County for the State of Oregon; provided, however, if a Claim must be brought in a federal forum, then it shall be brought and conducted solely and exclusively within the United States District Court for the District of Oregon. SECTION 7.08. Consents and Approvals. program Development\temp3455 Page 26 of 26 Whenever the written consent or approval of the State shall be required under the provisions of this Loan Agreement, such consent or approval may only be given by the State unless otherwise provided by law or by rules, regulations or resolutions of the State or unless expressly delegated to the Trustee. SECTION 7.09. Merger, No Waiver. This Loan Agreement and attached exhibits constitute the entire agreement between the parties on the subject matter hereof. There are no understandings, agreements, or representations, oral or written, not specified herein regarding this Loan Agreement. No waiver of any provision of this Loah Agreement or consent shall bind either party unless in writing and signed by both parties and all necessary State approvals have been obtained. Such waiver or consent, if made, shall be effective only in the specific instance and for the specific purpose given. The failure of the State to enforce any provision of this Loan Agreement shall not constitute a waiver by the State of that or any other provision.. IN WITNESS WHEREOF, the State and the Borrower have caused this Loan Agreement to be executed and delivered, effective as of the date first set forth above. STATE OF OREGON CITY OF T IGARD acting by and through its Economic and Community Development Department By: By: Joan P. Rutledge, Manager Craig Prosser Northwest Team Finance Director Date: z -P~ Date: APPROVED AS TO LEGAL SUFFICIENCY IN ACCORDANCE WITH ORS 291.047: /s/Michelle M. Teed (per email dated October 19, 2001) Michelle M. Teed, Assistant Attorney General Date: Program DevolopmentVemp3455 ,r i AGENDA ITEM # FOR AGENDA OF November 13, 2001 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Finalize Formation of Sanitary Sewer Reimbursement District No. 18. Established to Install ewers in W Walnut Street and 121 sc Avenue. l A - PREPARED BY: G. Benv DEPT HEAD OK . Duenas CITY MGR OK W!'44b<n ISSUE BEFORE THE COUNCIL Finalize the formation of Sanitary Sewer Reimbursement District No. 18, established to install sewers in SW Walnut Street and 121" Avenue. STAFF RECOMMENDATION Approve, by motion, the formation of Reimbursement District No. 18 as modified by the final City Engineer's Report. INFORMATION SUMMARY Council approved the formation of the Reimbursement District by Resolution No. 00-39 on June 27, 2000. Since then, construction of the improvements has been completed and final costs have been determined. City Council has also approved Resolution No. 01-46, establishing a Revised and Enhanced Neighborhood Sewer Reimbursement District Incentive Program. The attached City Engineer's Report has been revised accordingly. OTHER ALTERNATIVES CONSIDERED None VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY Not applicable. ATTACHMENT LIST Resolution No. 00-39, Establishing Sanitary Sewer Reimbursement District No. 18 Exhibit A: Final City Engineer's Report Exhibit B: District Map Notice of Public Hearing with mailing list Resolution No. 01-46, Neighborhood Sewer Reimbursement District Incentive Program FISCAL ROTES Total final cost of improvements including administrative fee: $154,335.27. This is $53,014.73 (26%) less than the estimated cost of $207,350 reported in the preliminary City Engineer's Report. Each property owner's share of the public sewer line is $6,430.64. Each owner's fair share would be limited to $6,000 for connections completed within three years of City Council approval of the final City Engineer's Report in accordance with Resolution 01- 46 . I.W"ae4wnveLm dW 70 (walnut a 1212st) final sum.doc i i i 3 CITY OF TIGARD, OREGON RESOLUTION NO. 00- 3 A RESOLUTION ESTABLISHING SANITARY SEWER REIMBURSEMENT DISTRICT NO. 18 WHEREAS, on May 16, 1995, the voters of Washington County approved a Major Streets Transportation Improvement Program - Six Year Serial Levy for Roads (MSTIP3); and WHEREAS, improvements to SW Walnut Street at the intersection with SW 121# Avenue is included in the MSTIP3; and WHEREAS, the County is currently preparing to construct the improvements; and WHEREAS, the City Council of Tigard desires to include the construction of certain City improvements in this County project and has entered into an Intergovernmental Agreement with Washington County to include the City improvements in the County project; and WHEREAS, public sewers to serve residential lots along the project are among the proposed City improvements; and WHEREAS, the City has initiated the Neighborhood Sewer Extension Program to extend public sewers and recover costs through Reimbursement Districts in accordance with TMC Chapter 13.09; and WHEREAS, the sanitary sewer improvements for the proposed Reimbursement District are , included in a Street Capital Improvement Project; and WHEREAS, these property owners have been notified of a public hearing in accordance with TMC 13.09.060 and a public hearing was conducted in accordance with TMC 13.09.050; and WHEREAS, the City Engineer has submitted a report describing the improvements, the area to be included in the Reimbursement District, the estimated costs, a method for spreading the cost among the parcels within the District, and a recommendation for an annual fee adjustment; and WHEREAS, the City Council has determined that the formation of a Reimbursement District as recommended by the City Engineer is appropriate. s NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: SECTION 1: The City Engineer's report titled "Sanitary Sewer Reimbursement District No. 18", attached hereto as Exhibit A, is hereby approved. imp SECTION 2: A Reimbursement District is hereby established in accordance with TMC Chapter 13.09. The District shall be the area shown and described on Exhibit B. The District shall be known as "Sanitary Sewer Reimbursement District No. 18." SECTION 3 Payment of the reimbursement fee as shown in Exhibit A is a precondition of receiving City permits applicable to development of each parcel within the Reimbursement District as provided for in TMC 13.09.110. SECTION 4 An annual fee adjustment, at a rate recommended by the Finance Director, shall be applied to the Reimbursement Fee. SECTION 5 The City Recorder shall cause a copy of this resolution to be filed in the office of the County Recorder and shall mail a copy of this resolution to all affected property owners at their last known address, in accordance with TMC 13.09.090. PASSED: This day of eJ CL►Z_OJ 2000. 1 Brian J. Moore, Council President ATTEST: Greer A. Gaston, Depute City Recorder i i i I~ Exhibit A City Engineer's Report Sanitary Sewer Reimbursement District No. 18 Background This district was established by City Council on June 27, 2000, through Resolution No. 00-39. Improvements were constructed and funded under the City of Tigard Neighborhood Sewer Extension Program (NSEP). Under the program the City of Tigard installs public sewers to each lot within a project area. At the time the property owner connects to the sewer, the owner would pay a connection fee of $2,335.00 and reimburse the City for a fair share of the cost of the public sewer. There is no requirement to connect to the sewer or pay any fee until connection is made. In addition, property owners are responsible for disconnecting their existing septic system according to Washington County rules and for any other modifications necessary to connect to the public sewer. The district was initiated by the City for the purpose of installing sewers as part of a Washington County street improvement project funded through the Major Streets Transportation Improvement Program (MSTIP). The sewers were installed by the County, along with other City improvements, with the City reimbursing the County for the cost of the City improvements through an Intergovernmental Agreement approved by Council also on June 27, 2000 Project Area - Zone of Benefit Service was provided by connecting to existing sanitary sewer lines located in SW 1215` Avenue south of the intersection of SW Walnut Street and SW 121St Avenue, and to the east and west in SW Walnut Street as shown on Exhibit Map B. Lines were extended approximately 500 feet along SW 121St Avenue and approximately 500 feet along SW Walnut Street to serve twenty-four properties. Two properties in the area were not included in the district. 11770 SW Walnut Street was not included because the house is located in an area south of SW Walnut Street that that is too low to be served by the sewer. The other property is 12225 SW Walnut Street at the northwest corner of SW 122"d Avenue. This loo is without a house and does not meet the minimum lot size for the designated zoning. Cost The final cost for the sanitary sewer construction is $135,978.21. Engineering and inspection fees amount to $18,375.06 (13.5%) as defined in TMC 13.09.040(1). The total project cost including these fees is $154,335.27. This entire amount should be reimbursed to the NSEP fund as properties connect to the sewer and pay their fair share of the total amount. In addition to sharing the cost of the public sewer line, each property owner will be required to pay an additional $2,335 connection and inspection fee when connection to the public line is made, and will be responsible for all plumbing costs required for work done on private property. Reimbursement Rate All properties in this area are zoned R-4.5 and have dissimilar lot sizes as can be seen in Exhibit Map B. However, each property currently is improved with one house and further partitioning for additional houses is likely to require construction of additional sewers. Therefore, it is recommended that the total cost of the project be divided equally among the twenty-four properties included in the reimbursement district. Resolution 01-46 limits this fee to $6,000 to the extent that is does not exceed $15,000 per owner for connections completed within three years of final approval of the City Engineer's Report. Other reimbursement methods include basing the proportional share upon the square footage of each property or by the length of frontage of each property. These methods are not recommended because there is no correlation between these methods and the cost of providing service to each lot or the benefit to each lot. Each property owner's fair share of the public sewer line is $6,430.64. Each owner's fair share would be limited to $6,000 to the extent that it does not exceed $15,000, for connections completed within three years of City Council approval of the final City Engineer's Report following construction in accordance with resolution 01-46 (attached). In addition to paying for the first $6,000, owners will remain responsible for paying all actual costs that exceed $15,000. Annual Fee Adjustment TMC 13.09.115 states that an annual percentage rate shall be applied to each property owner's fair share of the sewer line costs on the anniversary date of the reimbursement agreement. The Finance Director has set the annual interest rate at 6.05% as stated in City of Tigard Resolution No. 98-22. Recommendation It is recommended that a reimbursement district be formed with an annual fee increase as indicated above and that the reimbursement district continue for fifteen years as provided in the Tigard Municipal Code (TMC) 13.09.110(5). Fifteen years after the formation of the reimbursement district, properties connecting to the sewer would no longer be required to pay the reimbursement fee. Submitted October 30, 2001 Aq sin P. Duenas PE City ngineer I:VilyYMeVnVehnle (walnut and 121st) lfnal.doc SECTION 3 T2S R1W W.M. CITY OF TIGARD, OREGON { 7 ¢ ~ E ad. - 111 r* A LJ O , ° KAiw.7e'4 1 Z ""+s"§:s ~ tom' , ry+~ i ~ T ~ J~wrf\., i V/r~r' Y. ~,.s i3•.r Vicinit ''5•;14' ~ ~ r ; K• ~r'r'i~ r S'. ~,F.` C>+`~' r `+~yMr+~ ro~ sn~c+ 11 s\ ` i i ; n,n„a:, rni -y(/1~)~ M a TIppITT PL Not 10 Scads i 1 4 C R N S7 TAX LOT 2S703BA00500 TAX LOT 251038000200 251038000300 S~.i..2 B 7AX LOT 2S1038A00600 TAX LOT TAX LOT 2S1038A00700 TAX LOT 251038000400 TAX LOT 2S103BA00B00 SAX LOT 251038000602 TAX LOT 251038000600 NOTE- ALL PROPERTIES IN THE REI TAX LOT 251038A01001 NBURSEI~ENT DISTRICT TAX LOT 2S03BA01003 TAX LOT 2S1O3BD007DO ARE ZONED R4.5 TAX LOT 2SI03BB070M TAX LOT 251038000800 ViST TAX LOT 251038000901 PROPERTIES INCLUDED IN WALNUT $ 0 TENSION TAX LOT 251038000100 ' y.~ MENT DISTRICT SANITARY SEWER EX TAX LOT 251038001001 REIMBURSE Ram oe~rnwT TAX LOT 2S103B00020 TAX LOT 2S103BD01200 4~~ p[o ^ TAX LOT 251038000300 SEWER OF PP TAX LOT 2SIO39D01300 TA 0~ 0.°r°D EXISTING SANITARY ^ _ TAY• LOT 2SIO38000400 SANITARY SEWER 'fAX LOT 251038000600 pROPOSEO TAX LOT 251038000700 STiTTCt T TT~TTQT]ClrifrT October 22, 2001 CITY F TIGARD OREGON Notice of Public Hearing Tuesday, November 13, 2001 - 7:30 PM Tigard Civic Center - Town Hall The Tigard City Council will consider the following on November 13, 2001, at 7:30 PM, at the Tigard Civic Center - Town Hall, 13125 SW Hall Blvd., Tigard, Oregon. Both public oral and written testimony is invited. The public hearing on this matter will be conducted as required by Section 13.09.105 of the Tigard Municipal Code. Further information may be obtained from the Engineering Department at 13125 SW Hall Blvd., Tigard, Oregon 97223, or by caking 639-4171. . INFORMATIONAL PUBLIC HEARING: FINALIZATION OF SANITARY SEWER REIMBURSEMENT DISTRICT NO. 18 (SW Walnut & SW 121 Avenue). The Tigard City Council will conduct a public hearing to hear testimony on the finalization of Sanitary Sewer Reimbursement District 18 formed to install a sewer along SW Walnut Street and SW 121" Avenue. Each property owner's recommended fair share of the public sewer line is $6,431. Each owner's fair share would be limited to $6,000 for connections completed within three years of City Council approval of the final City Engineer's Report following construction in accordance with Resolution 00-39. If you have questions, please call Greg Berry of the Engineering Department 503-639-4171 + extension 373. i i i y L%WQ 20002001 h CV-AU - 12191V9" &TW9 d11M pLic era" & W doc 3 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772 2S103BD40900 2S103BA-00700 ALLEN ELIZABETH A & STEVEN P GAARDE RICHARD J II AND 12540 SW 121ST AVE JUDITH O TIGARD, OR 97223 11825 SW WALNUT TIGARD, OR 97223 2S10313D-00901 2S103BD-01001 ALLEN STEVEN P & ELIZABETH A HUGHES JACK D TR & 12540 SW 121ST AVE HUGHES LEONE M TR TIGARD, OR 97223 12580 SW 121ST AVE TIGARD, OR 97223 2SI03BA-01001 2S1031313-00600 ANDERSON EDWARD L & JOHNSON DONALD R & CYNTHIA D ANDERSON MARY ANNE 11970 SW WALNUT ST PO BOX 1081 TIGARD, OR 97223 ST HELENS, OR 97051 2S103BD-01300 2S103SC-00700 BERGQUIST R KELLY MASON JON D & KART G MERRILL M 12220 SW WALNUT ST 12660 SW 121ST TIGARD, OR 97223 TIGARD, OR 97223 2o"03BB-07000 2S1038D-01200 BOLEN RICHARD L NIX LOY CARL MARSHA A 12185 SW WALNUT ST 12630 SW 121ST TIGARD, OR 97223 TIGARD, OR 97223 2S103BA-00800 2S103BD-00602 BOOTH DAVID & MARY P NORMAN JACK J JR AND 11865 SW WALNUT ST MARY J TIGARD, OR 97223 11930 SW WALNUT TIGARD, OR 97223 2S103BD4)0400 2S103BA-00500 BRAK EDITH A ROGERS KATHERN J TRUST 823 S JUNIPER DR BY KATHERN J & DAVID K ROGERS CO-T MOSES LAKE, WA 98637 11695 SW WALNUT ST TIGARD, OR 97223 2S103BD-002DO 2S103BD-00700 CAPPOEN RAYMOND J SCHIVLEY ROBERT L JR & SUZANNE JULIE A 11710 SW WALNUT ST 12020 SW WALNUT ST TIGARD, OR 97223 PORTLAND, OR 97223 2S103BC-00300 2S103BC-00600 FLEWELLYN WILLIAM D & SUANNE E STEVENS JAMES H AND LYNN N 12180 SW WALNUT ST 12605 SW 121ST TIGARD, OR 97223 TIGARD, OR 97223 2S103BA-00600 2S103BC-00200 GAARDE RICHARD J & DOROTHY A TR VRVILO WANDA 1 270 NW 88TH AVE 12565 SW 121ST PORTLAND, OR 97229 TIGARD, OR 97223 2S103BD-00603 WASHINGTON COUNTY DEPT OF LAND USE & TRANSPORTATION CPM DIV-RIGHT OF WAY SECTION 1400 SW WALNUT ST MS #18 HILLSBORO, OR 97123 2S103BA-01004 WASHINGTON COUNTY DEPT OF LAND USE & TRANSPORTATION CPM DIV-RIGHT OF WAY SECTION 1400 SW WALNUT ST MS 918 HILLSBORO, OR 97123 2S103BC-00100 WASHINGTON COUNTY BY LUT CPM DIVISION RIGHT-OF-WAY 1400 SW WALNUT ST MS18 HILLSBORO, OR 97123 2S103BA-01003 WASHINGTON COUNTY BY LUT CPM DIVISION RIGHT-OF-WAY 1400 SW WALNUT ST MS18 HILLSBORO.OR 97123 2S103BC-00400 WIGGINS HAL C & WIGGINS JOANNE A 12200 SW WALNUT ST TIGARD, OR 97223 2S103BD-008W WOOD ROLAND R 12070 SW WALNUT TIGARD, OR 97223 2S103B13-00300 WRIGHT LARRY A & MAUREEN L 11800 SW WALNUT ST TIGARD, OR 97223 CITY OF TIGARD, OREGON RESOLUTION NO. 01- 4/(P A RESOLUTION REPEALING RESOLUTION NO. 98-51 AND ESTABLISHING A REVISED AND ENHANCED NEIGHBORHOOD SEWER REIMBURSEMENT DISTRICT INCENTIVE PROGRAM WHEREAS, the City Council has initiated the Neighborhood Sewer Extension Program to extend public sewers through Reimbursement Districts in accordance with TMC Chapter 13.09; and WHEREAS, on October 13, 1998, the City Council established The Neighborhood Sewer Reimbursement District Incentive Program through Resolution No. 98-51 to encourage owners to connect to public sewer. The program was offered for a two-year period after which the program would be evaluated for continuation; and WHEREAS, on September 26, 2000, the City Council extended The Neighborhood Sewer Reimbursement District Incentive lProgram an additional two years through Resolution No. 00-60; and WHEREAS, City Council finds that residential areas that remain without sewer service should be provided with service within five years; and WHEREAS, Council has directed that additional incentives should be made available to encourage owners to promptly connect to sewers once service is available and that owners who have paid for service provided by previously established districts of the Neighborhood Sewer Extension Program should receive the benefits of the additional incentives. NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council thaat: SECTION 1: Resolution No. 98-51 establishing the Neighborhood) Sewer Reimbursement District Incentive Program is hereby repealed. SECTION 2: A revised incentive program is hereby established for the Neighborhood Sewer Extension Program. This incentive program shall apply to sower connections provided through the sewer reimbursement districts shown on the attached Table 1 or established thereafter. All connections qualifying under this program must be completed within three years after Council approval of the final City Engineer's Report following a public hearing conducted in accordance with TMC Section 13.09.105 or by two years a from the date this resolution is passed, which ever is later, as shown on the attached Table 1. SECTION 3: To the extent that the reimbursement fee determined in accordance with Section 13.09.040 does not exceed $15,000, the amount to be reimbursed by an owner of a lot zoned single family residential shall not exceed $6,000 per connection, provided that the 1 lot owner complies with the provisions of Section 2. Any amount over $15.000 shall be reimbursed by the owner. This applies only to the reimbursement fee for the sewer installation and not to the connection fee, which is still payable upon application for RESOLUTION NO.01 Page I sewer connection. SECT$ON 4: The City Engineer's Report required by TMC Chapter 13.09 shall apply the provisions of this incentive program. Residential lot owners who do not connect to sewer in accordance with Section 2 shall pay the full reimbursement amount as determined by the final City Engineer's Report. SECTION 5: Any person who has paid a reimbursement fee in excess of the fee required herein is entitled to reimbursement from the City. The amounts to be reimbursed and the persons to be paid shall be determined by the Finance Director and approved by the City Manager. There shall be a full explanation of any circumstances that require payment to any person who is not an original payer. The Finance Director shall make payment to all persons entitled to the refund no later than August 31, 2001. SEMON 6: The Sanitary Sewer Fund, which is the funding source for the Neighborhood Sewer Reimbursement District Program, shall provide the funding for the installation costs over $6,000 up to a maximum of $15,000 per connection. EFFECTIVE DATE: July 10, 2001 61k, PASSED: This day of 2001. ayor Ci of arri ATTEST: tjW-Recorder - City of and l: tCitywWARr:+\Reanfutioa Revising the Wghborhood Se= famfive Program RESOLUTION NO.01 YU Page 2 Appendix B The 1995 Update of the Sewer Master Plan recommends that the City immediately construct $851,000 of improvements with the amount increasing to $944,000 with build-out. However, following review of the plan, the following is recommended. Bonita Trunk (D-12) - The plan identified three lines between consecutive manholes that are without adequate capacity. However, following 0.12 inch of rainfall, inspection revealed that only a very small portion of the capacity of these lines was being used. Moreover, this is in a generally developed area so significantly greater flows in the future are not expected. Durham Rd. Lateral (D-15) - This line is only a concern if it is in an area with basements. Generally, there are no service connections this line so no fuuther action is recommended. East Tigard Trunk (D-11) - This is the line that runs along Redrock Creek serving the Triangle and recently improved at the railroad crossing. Again, the concern here is basements and there are none. Moreover, recent development in the Triangle has been of a type that is expected to generate only demands on the sewer. Katherine St. Lateral (D-9) - This 12-inch line was identified as one requiring further investigation. It serves a developing portion of the Walnut Island. USA installed a flow monitoring station from November 20, 1998 through December 22, 1998 to record wet weather flows. Peak rainfall of 2.18 inches occurred on November 25, 1998 resulting in less than 3 inches of peak flow in the pipe. Consequently, replacement of the line will not be further considered. Surnmerfield Trunk (D-14) - Following field inspection of the depth of flow following rainfall, USA staff was requested to reevaluate this line and found that this line was erroneously shown as a deficient line. No further action is proposed. I Sanitary Sewer Facility Plan Appendix C Residential Area Projects AREA LOTS EST. PRICE PERILOT EST. TOTAL FY-2001.2002 FERN STREET 7 $5,829 $40.800 CARMEN STREET a $8.000 $36.000 ASH AVENUE 11 $6.000 $66,000 HOWARD DRIVE 48 $6.513 5312,600 93RD AVENUE 33 $7.176 $238.800 WATKINS AVENUE 12 $9,800 $117,600 DERRY DELL 20 $7,200 S141Qm TOTAL: $1,085,800 FY•2002,=13 HOODVIEW DR • 27 $9,365 $253.400 OMARA ST / CHELSEA LOOP 7 $9,429 $66.000 DARMEL COURT 4 $2,850 $11.400 MURDOCK STREET 9 $5.600 $50.400 08TH AVE 27 $7,315 $197,500 ERROL / FONNER 33 $8.000 $264.000 ALDERTA / JAMES / MARION ST 29 $10,103 52%1= TOTAL: $1,135,700 FY,2003,2004 MARILYN COURT 6 $10,400 $62,400 FAIRHAVEN STREET 19 $10,421 $198,000 100TH AVE 21 $10,690 $224,500 CHERRY STREET' 25 $11,120 $278,000 97TH AVE / 100TH AVE 21 $11,676 $245,200 HILLVIEW STREET 6 $12,300 iZa= TOTAL: $1,081,900 FY-2004.2005 MURDOCK ST / 100TH AVE 33 $6.727 2222.000 121 ST AVENUE 73 $7.068 $516,000 112TH / WALNUT 34 $10,071 $342,400 OMARA STREET 14 $13,929 S125im TOTAL: $1,275.400 FY-2005.2006 117TH AVENUE 7 $7,543 $52.800 OMARA ST / MCDONALD ST 34 $7,647 $260.000 EDGEWOOD STREET 32 $8.063 $258,000 VARNS STREET' 27 $13,104 $353.800 ANN STREET 6 $74,000 $84.000 87TH AVE 6 $14,233 $85.400 110TH AVE 3 $14,800 $44.400 115TH AVE 3 $18,000 $54.000 MCDONALD ST. SWR 0 $67,200 Sfl7.2QQ TOTAL: $1,259,600 H GRAND TOTAL: 659 MIXED USE AREA TRIANGLE AREA 79 $9,268 $732,000 -pl • REQUIRES OMARA STREET GRAND TOTAL: $6.570,409 3 REQUIRES WATKINS AVE Project locations shown on Ma 2 5 AGENDA ITEM # S FOR AGENDA OF 11/13/01 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Fanno Creek Trail Update PREPARED BY: Duane Roberts DEPT HEAD OK CITY MGR OK ISSUE BEFORE THE COUNCIL This is an informational item. No Council action is requested. STAFF RECOMMENDATION Not applicable INFORMATION SUMMARY The purpose of this agenda item is to update Council on 1) the development status of the Fanno Creek Trail within Tigard and 2) provide an opportunity for the Fanno Creek Trail Working Group to share a vision, potential, and benefits of the Fanno Creek Trail (Attachment 1). The Fanno Creek Trail Working Group was established by Metro some two years ago and consists of representatives of approximately fourteen different organizations and jurisdictions, including Tigard. Bob Bothman, a former ODOT Director, is chair of the group. He will be present at the meeting to show and discuss a powerpoint presentation prepared by the Working Group and a consultant. An Oregionian story on Mr. Bothman and his involvement in promoting the Fanno Creek Trail is attached (Attachment 4). Following this big picture presentation, staff will show additional slides and provide an update on the status of the Tigard portion of the trail. A map and memo on the regional trail and the local section are attached. OTHER ALTERNATIVES CONSIDERED Not applicable VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY Comprehensive Plan Policy 3.5.3 states that "The City Shall Provide an Interconnected Pedestrian/Bikepath Thoughout the City." ATTACHMENT LIST # 1 Memo to City Council from Jim Hendryx, dated October 30, 2001 # 2 Map - Fanno Creek Greenway Trail, Metro # 3 Fanno Creek Trail Status, City of Tigard # 4 "Hike with Shaper of Fanno Creek Trail", Oregonian, Aug. 24, 2000 FISCAL NOTES The cost of completing the remaining Tigard pieces of the Fanno Creek Trail is estimated at $1.5 million, which is not currently budgeted. is\cdadm\jerree\agenda sum\fanno creek trail update.doc Attachment 1 A6. CITY OF TIGARD Community Development Shaping A Better Community MEMORANDUM CITY OF TIGARD TO: City Council FROM: Jim Hendryx DATE: 10/30/01 SUBJECT: Fanno Creek Trail Update Introduction This memo provides a progress report on the Fanno Creek Greenway Trail. It is intended as briefing material for the November 13th Council agenda item. The memo includes: A) highlights the regional efforts underway to promote and advance the regional trail; and B) a status report on the Tigard portion of the Fanno Creek Trail, along with a brief survey of the main issues and constraints related to its future completion. A) Summary of Regional Efforts to Promote the Fanno Creek Regional Trail The Fanno Creek Regional Trail is defined conceptually as linking Willamette Park on the Willamette River in downtown Portland with the confluence of the Tualatin River and Fanno Creek in Durham (Attachment 2). Metro has taken an active role in the promotion of the Fanno Creek Regional Trail: 1. Fanno Trail Working Group The purpose of the Working Group is to share information, raise public awareness, create a uniform identify for the trail, and find ways to fund and complete its design and construction. This group has been meeting for some two years. Its members include non-profit organizations and representatives of the multiple jurisdictions (Metro, Portland, Beaverton, THPRD, Tigard, and Durham) located along the length of Fanno Creek. Bob 1:\LRPLN\Barbara\OPENSPACEG\CCREPR7ltrails.update.1l.doc 1 Bothrnan, chairman of the THPRD Recreational Trails Advisory Committee and a former Director of the Oregon Department of Transportation, is chair. So far, the group has undertaken a number of projects: The Abassador Program is an outreach to community groups and includes a powerpoint presentation on the Fanno story put together by the Group and a consultant. ® The Fanno Creek brochure is proposed to include a vision statement, map, contact information for the various jurisdictions, a summary of all trail planning projects, and other pertinent information. o A feasibility study and action plan to complete the missing sections of the regional trail is another Group project. The study will address environmental requirements, final alignments, location of trailheads, determination of needed land, estimated costs of trail construction, and coordinated funding plans. The study also will look at design standards, standardized signage and bollards, and interpretive signs. In Tigard, an additional work task will include looking at both a rails-with-trails and a greenway corridor alignment within the Bonita-Durham and Durham-Tualatin River segments of the trail. The study RFP is scheduled to be finalized in November 2001. The start date of the study is early 2002. It should be noted that Tigard is a partner in the funding of this study, contributing a pro-rated amount of $5,000 toward the cost of hiring the consultant. This amount is included in the current-year park CIP budget. Metro is providing staff time as project manager for the study. 2. Metro Acquisition Activities In addition to creating the Fanno Creek Working Group, Metro also is committed to buying appropriate land and trail easements along the corridor. So far, Metro has purchased two such properties in Tigard, containing a combined 2,000 lineal feet of future trail right-of-way: • seven-acre Woodard Park Expansion; and • thirteen-acre Brown/McDonald properties. 3. Metro Green Ribbon Committee The Metro Green Ribbon Committee was formed by Metro Council in mid-2001 to identify eight to ten priority Greenspaces sites to be improved and opened to the general public. Another part of the Committee's assignment is to identify funding for the improvements. As of October 2001, the Fanno Creek Trail was on the short list of candidate projects being considered by the Committee. Before the first cut was made, Mayor Griffith submitted a letter in support of including the Fanno Creek Trail as a Green Ribbon project. The final list of eight to ten priority sites is scheduled to be completed in December, 2001. I:\LRPLN\Barbara\OPENSPACEG\CCREPRntrails.update.ll.doc 2 B) Tigard Portion of the Fanno Creek Trail 1. Historical Background o The idea of a Fanno stream front trail appears to have originated in the early 1970s with the adoption of the Tigard Area Comprehensive Pedestrian-Bicycle Pathway Plan. This plan shows a trail following the Fanno Creek Greenway and extending from Tigard's northern City limits to the confluence with the Tualatin River. ® In 1983, the greenway trail was incorporated into the Comprehensive Plan and defined conceptually as following Fanno Creek. ® Over the years, the City has been working steadily to make the concept of an uninterrupted trail a reality. Various links have been constructed by private development conditioned by the City and by the City itself. When these various links are tied together and the trail extended, an important high use trail system with high values for recreation will be in place. The 1998 Tigard Parks Master Plan survey found trails to be the number one facility improvement priority of local residents. o Greenways and trails were rated as the highest park improvement priorities in the "Tigard Beyond Tomorrow" opinion poll conducted in 2000. e The Washington Square Regional Center Loop Trail (Washington Square Greenbelt) is identified in the Washington Square Regional Center Plan. It is proposed to encircle the Regional Center. The Greenway Trail is mentioned here because the trail alignment is proposed to interconnect with and extend along the existing Fanno Creek Trail between North Dakota Street in Tigard and Cirrus Drive in Beaverton. According to the Washington Square Regional Center Plan, "a continuous trail system would provide access and links to residential, employment, and commercial districts and provide pedestrian and bicycle connectivity between destinations in the area". In March 2002, the Metro Council will consider adding the loop trail to the Regional Trail System. The attached map (Attachment 3) shows the development status of the trail corridor, by segment, between the northern and southern City limits. 2. Overview of Development Status of Tigard Portion of the Trial Approximately forty per cent of the Fanno Creek Greenway Trail within Tigard has been completed to date. The incomplete sections are primarily located in the southern portion of the trail alignment (Hall Boulevard to the Tualatin River). The overall cost of completing the remaining pieces of the trail is estimated at $1.5 million. H The following are the major obstacles and challenges in completing the Tigard portion of the Fanno Trail: Lack of Funding The main issue relating to the completion of the missing segments is lack of funding. Beyond the local Greenspaces monies designated for trail activities this year, little future City funding has been identified for advancing the trail. I:\LRPLN\Barbara\OPENSPACEG\CCREPR7ltrails.updatc.il.doc 3 llilj~i COMMON I m Private Ownership - Fragmented Other important issues include continued reliance on the willing seller policy to acquire privately owned right-of-way, the prioritization and phasing of trail segments, and the feasibility of alternative rails-with-trails routes (specifically between Bonita- Durham and Durham-Tualatin River) if stream-based routes are not capable of being built. ® Natural Constraints The Fanno Creek greenway corridor contains a broad range of vegetation, including brush, meadow, and forest. It also contains most of the City's high quality wetlands. This contributes to the trail's scenic values. At the same time, the wetlands create potential conflicts between the extension of the trail and policies and standards for wetland protection. Exhibit "A" provides a detailed description of development status of the Tigard portion of the Fanno Creek Trail. 1:\LRPLN\Barbara\OPENSPACEG\CCREPRntrails.updatc.1l.doc 4 PE Exhibit "A" The development status of the Tigard Fanno Creek Trail, by segment, is described below. The numbering system corresponds with assigned engineering project numbers. The trail segments located upstream of segment 1 were built in stages during the 1980's as developed occurred. TRAIL SEGMENTS Segment 7 Location: North Dakota to Tigard Street Completion level: Complete This section was constructed in two phases, one in 1989 and the other in 1998. Construction constraints: N/A Fowler School, Segment 2 Location: Tigard Street to Tiedeman Completion level: Complete Construction of the 1,800-foot Tigard to Tiedeman segment of the Fanno Creek Trail, which runs along the eastern edge of the Fowler School campus, was completed and opened to the public in early November 2000. The project included a pedestrian bridge over Summer Creek. The width of the trail was narrowed to 8 feet throughout its length, from the regional design standard of 10 feet, in order to reduce the trail's impact to wetlands and vegetation. A companion, on-site mitigation project, intended to compensate for the unavoidable impact of this segment on 0.35 acres of wetlands, was completed in late-November 2000. The mitigation plan consisted of planting trees and shrubs on 1.2 acres of land between the creek and path. Construction constraints: N/A Tiedeman/Woodard Park, Segment 3 Location: Tiedeman Ave. to downstream edge of Woodard Park Completion level: Complete This 1,500 lineal foot segment of ten-foot wide trail was completed in October of this year. It was partially financed by a $50,000 Recreational Trail Program grant. The RTP is a federal- aid program to help states provide and maintain recreational trails for both motorized and non- motorized trail use. Oregon Parks and Recreation Department administers the RTP in Oregon. Metro Local Share Greenspaces Funds were used to meet construction costs not covered by the grant award. The Engineering Department provided project design and construction management. Construction constraints: N/A Woodard Park/Grant Avenue, Segment 4 Location: Downstream edge of Woodard Park to Grant Avenue. Completion level: Not complete Construction constraints: Construction constrains include lack of right-of-way, fragmented ownership, wetlands, and the high cost of a pedestrian bridge crossing. No portion of the segment has been installed. 1:\I.RPLN\Barbara\OPENSPACEG\CCRFPRntrails.updatc.ll.doc 5 In December 2000, the Hearings Officer approved the development of an adult care facility on the second of the three parcels located within the proposed trail corridor. This parcel borders Fanno Creek's west bank and is located downstream of Tigard Industrial Park. The development approval conditions require the dedication of an easement for the creekside trail. The developer has up to 18 months to start the project. A building permit will not be issued until all approval conditions are met. The new owner of the third parcel located within the Woodard Park/Grant alignment is highly supportive of the trail project and is willing to sell the needed portion of his property at market value. Greenspaces local share funds are budgeted to complete the acquisition. However, this piece is landlocked and, under state law, cannot be sold until access via one of the two adjoining parcels is obtained. Segment 5 Location: Grant Avenue to Main Street Completion level: Partially complete Construction constraints: Construction constraints include completion of right-of-way acquisition. The mid or Morlan Plumbing section of the trail is completed. The City owns the proposed trail right-of-way between Grant Avenue and the Johnson Street Apartments. The estimated cost of constructing this segment from Grant to the downstream edge of this property is $85,000. Because it is less than one-third the cost and connects to the downtown area, this segment is seen as a much higher priority than the upstream Woodard Park-Grant segment. The completed Morlan Plumbing trail is located downstream of the Johnson Street Apartments. The Morlan company installed the trail through the streamfront portion of its property in 1990. This trail is 8-feet wide and is constructed of concrete. The section is fenced off at both ends by six-foot high chain link fence. The present plan for dealing with the fence is that the City, when the time comes, will send a letter to Morlan advising that the fence will be opened when the trail is constructed. The proposed construction of the remaining portion of Segment 5 would include the upgrading of the Pacific Highway undercrossing portion of the trail, with the installation of vandal resistant lighting, and include the improvement of the existing trail from the Morlan Plumbing south property line to Main Street. Segment 6 Location: Main Street to Ash Avenue Completion level: Complete This long-planned 600-foot segment, including a pedestrian bridge over Fanno Creek, was completed and open to the public in October 2000. It connects with the existing Fanno Creek Park trail, which extends to Hall Boulevard. The portion of the trail located on the east bank of the stream is constructed of boardwalk, with a middle section of asphalt. Construction constraints: N/A Hall to Bonita Segment, Segment 7 Location: The upstream terminus of this segment is Hall Boulevard. The downstream terminus is Bonita Road. L•\LRPLN\Barbara\OPENSPACEG\CCREPRTItrails.update. INoe 6 Completion level: Not complete. Construction constraints: The main construction constraints include lack of right-of-way and extensive wetlands and natural areas along the preferred route. This section is largely uncompleted, although a 1,600 foot sidewalk along Milton Court connecting to Bonita Road could serve as the route for the lower portion of the trail. Within this corridor, approximately 1,000 feet of continuous pedestrian trail is in place on the west side of Fanno Creek between the Fanno Creek Apartments and Fanno Creek Drive. However, according to a 1997 consultant study, which mapped the route of this and other undeveloped segments, because of significant wetland conflicts, the preferred route of the main stem trail runs along the western side of Fanno Creek througA undeveloped property. Exclusive of land acquisition and neighborhood connections, a partially updated cost estimate of this segment is $375,000. In May 2000, Metro transferred to Tigard management responsibility for the 13-acre Brown/McDonald property. Located along the downstream edge of the land referred to above, this property was acquired by Metro using regional Greenspaces funds. Fanno Creek flows through most of the 1,600-foot length of the property. Among other potential passive recreational uses, the land will provide right-of-way for the future extension of the Fanno Creek trail. The parcel connects with City-owned greenway that extends along the creek to Bonita Road. Segment 8 Location: Bonita Road to Durham Road Completion level: Not complete Construction constraints: Construction constraints include multiple ownerships and environmental constraints. No engineering design or construction work has occurred. According to the 1997 trail route study, the preferred route of this segment is located along the west side of Fanno Creek for a short distance before crossing over to the east side. The undeveloped 9reenway corridor on this side, located along the back of industrial properties fronting on 74 Avenue, is narrower here than anywhere else in the Fanno Creek corridor. The estimated cost of this segment, exclusive of right-of-way acquisition and neighborhood connections, is $460,000. According to a survey conducted four years ago, more than half of the owners of property within this corridor are not receptive to the idea of the dedication or sale of the needed right-of-way. If needed, the nearby rail corridor or a sidewalk along 76th could provide a feasible alternative route. Segment 9 Location: Durham Road to the Tualatin River Completion level: Not complete Construction constraints: No work of any kind, design, acquisition, or construction, has been done on this segment. Recently, the developer of commercial property bordering Fanno Creek was conditioned to provide a trail easement. CWS and the City of Durham own most of the remaining land located on either of the creek. 1:\LRP LN\Barbara\OPENS PAC EG\CCRE PRTltrai Is. update. IHoe 7 This segment has not been formally studied as yet. A preliminary engineering study of the feasibility of streamside and rails-with-trails routes will be included in the Metro study mentioned below. The USA treatment plant and the wetlands along the route appear to severely limit options for a creekside route. Another potential constraint is that, in the past, City of Durham residents have not been supportive of the regional trail. Should this segment not be buildable for one or more reasons, Durham Road and the recently completed 850 Avenue/Cook park trail would provide an alternate route for trail users wishing to reach the Tualatin River. 1:\LRPLN\Barbara\OPENSPACEG\CCREPR-Rtrails.update.1I.doc aim I:\LRPLN\Barbara\OPENSPACEG\CCREPRIAtraits.update.![.doe 8 -Fa n--Ino-,,,,,Lr*;I-e e---, ureenway I -Lail Connecting the Willamette and Tualatin rivers • 2 r. ~ ® ~ ve k I p ~ r - H d w' ~ y~ ° h • 9r ~kd$` t Y, f y 3 i ~ ~ ~ - ~ f : kk - -,d n• 3 t` Civ - L r 5} - Fawier x x. b jj u R S a~ / 1 6 Park \ t . l , ~r er o° 7 r ! Tifsrd n ,r Gteetf6ee ~ - ~T . C. ~ J l 0:l P n_ - 1V'1 J ,e} re 1 z ~j~ Q 2.5 10 II !1 _fJ4i_S Mips EUlll 7• ~ rt I o e Completed Trail Light Rail transit ~ Fanno Creek Watershed Scheduled for construction Q& Future Commuter Rail - Parks & open spaces eftft-o (to be completed by Dec. 2002) - (red indicates Metro bond measure aquisition to 11/01/01) Proposed Trail Railroad tracks Golf courses ® (alignments are conceptual) Transit Cener Schools Altitude Profile Tualatin River Hall Boulevard Scholls Ferry Road Denny Road Garden Home Hillsdale Willamette River 600 500 -n 400 l® - - 300 r~ - . - - - - - tD Est 200 00 15 14 13 12 11 10 9 8 7 6 5 a 4 3 2 1 0 Miles oa4AtiuN avs*Eyr 3E06aA4NIG INF Tel~ Pane G 1101 LLJ - P status o hyLy ~ Trail Se9m~~ 2~? G QPC`~`0 ~ DAKOT RFFMB~RG N ~ NOR'D"1 j.2, 3' ~ FFa D T C~ 5 DAEtTM U p~la ,4, 5 N TFaB other. d~stgnad or bUdgecsdl r 9 y~N2ik& y~'J-fir, - kVo ALN wpLR 3 w,q~N~ 0 T ro "Trills ~ ,a% IV Fanno Crtek a g ~ City Parks N V F TualaCn River qe CM of Ti9at' BONITA a~ _ d fed 190 plSRF1A~ ~Q2~ +y'°°°"~ DURHAM, `o . C'nYoETcp~ ~ U tom" a~ e ra ~~yyaypator9 macs SIN "two mod,: Nd°~ x.18 ~r?+r`er'i Attachment 4 HA e with shaper of Farn® Creek trail Bob Both ratan, a former z+ k state roads chief who spent 20 Years on the project, will '~1,.-Mal ~A,I~~N '•~,t.Y'' .1 I I guide the 5-mile ivalk • tint Y>••tQ: -IF.:. By TOM QUINN 1'I 1e, 710.1;0.'IAN BEAVBR'1'ON - The man who brought you the Banfieltl Freeway u and the Fremont Bridge is at work 'r • on something a little more r;, t pedestrian-friendly: a 12-mile, r K 1 multiuse trail snaking from South- west Portland through Washington County to thc'fualatin River. Civil engincer Hot) Bothman r '`+t} ' f played a large role in many of the projects that shaped Portland's landscape, from surveying the course of Interstate 5 to overseeing bridge construction on 1-205 to 4 widening the Sunset Highway. lie h tipped a distinguished 40-year ca• .eer by becoming director of die Oregon Department of Transpor- tation. Now retired, the 68-year-old na- tive Oregonian is volunteering die skills he developed during those cars to hen knit together Fanno Creek Greenway Trail, a verdant ::i~:;y h;;. , . band that will link parks, schools rZf,<.!.~'t, and businesses while providing r...} " a backyard recreation for thousands a:"'`I,';;':, .::'zi• of area residents. Bothman will lead a tour along > 1 +rovcT i,. +~ws~~yn d k <y the trafl's longest completed sec- g.. ' s:•e. t rc~• yr• Lion from 9 a.m. to noon Saturday. K r.: •r., Jned by Nadhalie Darcy, a fellow ! ki> ?lay - ` :.;a• ;;r ; yfv. oi traR advocate and birder, the five- tulle hike will start at historic Fan- 't i!' 3 jL: ` _ - _r. r"' At no Farm House in Beaverton and head north, taking time to explore ~~c- and explain the unique urban en- vironment while keeping an eye out for wildlife. ' c• . y~ i^ r•,: r Darcy said the creek has adiver-,~ : _ ~ ys v r: yam. su'ry of habitat. Hikers can catch !r^ f- ' a glimpses of songbirds among the . :.%)-~'v ' trees, lush wetlands, stands of will s ' w, ferns and wildflowers. Spring` ±<r ~kJZM me brings rookeries of great blue herons and egrets, and cutthroat trout ply the slow-moving waters. - Evidence of beaver and deer also can be seen. Bridges, roads; now greenways flothman admits to seeing some - •a irony that the mum responsible for • '3 ~ ' miles of concrete mads and steel MARV BONDAROWICUTHE OREGONIAN bridges would turn his attention to When completed, Fanno Creek Greenway Trall will run from the West Hills and through Beaverton and greemways. But the reality, lie says, Tigard to the Tualatin River. Advocates say it will be an Important corridor for transportation, is that he has been pron7oting such recreation and nature appreciation. efforts for vears, first as state trans- portation director and novas chairman of the Tualatin I fills Park its to enjoy nature nee- our home," Recreation trails advisory com• FANNO CREEK GREENWAY TRAIL Darcy said. "As our urban environ- ntee' What: A five-mile guided hike along the regional trail under ment becomes more and more "The idea is to gut people into construction compact, these ribbons of green the notion of walking:" Bothman when: 9 a.m. to noon Saturday will become all that much more said, explaining that Metro's 2040 Where: Meet at Fanno Farm House, 8405 S.W. Creekside Place, important to our quality of life." growth concept calls for increased Beaverton During the many years it has housing and business density. "If Cost: Free taken to create Fanno Creek we build sidewalks and trails, peo- information: Bob Bothman at 503.244.72116 Greenway Trail, Darcy and Bot- ple will be able to do some of their tunan say they have noticed a travels by foot and bike instead of unique phenomenon. by car. They'll have a way to walk to the grocery store." Fanno Creek rises on the west 10•foot-wide asphalt trail has been At first, residents along die trail side of the Tualatin Mountains and completed, were resistant, thinking the path Botfnnan says a regional trawl meanders 14 miles through parrs would bring criminals to their back such as F:umo Creek has other of Multnomah and Washington Trail starting to take shape B meritsasweil• counties and Beaverton, Tigard doors. Gradually licit opinions For Darcy, creating a regional have changed. 1 think it's a really good idea to 'Ind Durham before it meets the trail has been a 20-year game of give people recreational activities Tualatin River. connect the dots diet is only start- "An urban trail becomes an close to where they live," fie said. Since 1995, Metro has been ac. ing to take shape. The Garden amenity to the people living near- "That way, they don't have to get quiring land in the watershed, and Home resident echoes Bothman by," Darcy said. "They go from op- into their cars and drive to Mount a muldjurisdictional group nas about the. values of places such as posing the trail to taking owner- ifood. 'fliey can do it in their own been working to make the trail a Famic, Creek. ship, and that's a pretty neat pro` back yards." reality. Currently, about six miles of "They serve as opportunities for cess." loom" woo 11- F ANNO G~~E~ Y TIGA~D U- HT STATUS • Fanno Gre.ek: Is Tigard's highest priority trail system • Trails rank'high in citizen surveys Goal is an uninterrupted trail along Fanny Creek - Main stem trail is 40% cornpl~te - Northern portion is more advanced than southern portion - Newest segment is Tiedernan/Woodard Park completed this rnonth_ f~- ,yt;~ t . S , 3 '•,'t I ry 1.t~ d •~t : t ! ~ . ff f d:i'1 .+k 'S+~' µ ~ 777+ t Y q is t . 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'r~•1~~1 •1~i1 1 Iy• .a 4i''*C .,,r ..1 li," i. 1 sf i -f°a-1',~1~ J T •~.,t.f{,f• 1 4( JA C ct 44 "4 ,gip.' I , S!4'j;Z 1,. ~ . Grp • : l'f j !1: i 1 t / ~fl?,~ ~1 q i~ ~{r~ } , ~'~"7r' L..~7 - P,j u.'.•Y.~~ 7•.+~;-..rn~. va r _.u~ i`•`_.~ ' r;).~• •4s^ 1~1l, •f' ,Y~. ~,R,•, ~,''C1.. `~O,.~y (~,~`a '•'.c *4')~ •5, ~,+,[y'~, , r • i , l . h, t ~eT+ ~ ~ji . v a}s/\' 't. .21 .r•{.., ,,_.a*^ i , ~t~i.".• f .'h _ L5•=~ y/..F• _~•s r ~•~j ~'•f•1' ~t `h',1• ~ i ~~)~~'f~•d~'`J*,r tAr,. Q ':`.~~~-'i~4.,a•' '♦f}. 1f!`'~~t~~'i1f( ~~rr fr~l~t~~~•rS~.~~• ~ ~ r JAA) CHALLENGES TUAoff" UuMPLETING MISSING SEGMENTS • Overall challenge is retrofitting the trail within the developed stream corridor. 4Q, s V x r t ,l, I t r ~ / 1 f { ~{(j1 r't!••((((YYYYYY ` ~ ~ t 4 f ~ x ~•.i fy y Y. :s' r „ ~ ,~.f~E~ ~~11, j'`y "tip ,y • +•4 ~ x.14 ~ ~ *4 . ~ i jT a ql ti' ~ x f' 4 311 r. ~Y ~ Y K~}, 1j, ji~~~l ~ w' 4 Y 1~1, ~r •,i. 111. '1' x ~ 3~1 Specific challenges are; • F inancing • Wetlands-and natural areas within the corridor. MIN= lam ands Vim ff. a l cJ f lj J 9~~~44 a . ~ ~ PFAFFL~ $1 ~ DAK~TAST ZNg ~,~~yer~an ~ ~c ;tU rr ~~Q• = n 1.N~T ~ 3p h''~1Z Ufa ~ d J ~ G.p'pRDe 5T gfl{d1TA t ~o ~Q? NS N~tD• o guLL Cpl! 'N ~4 r- a D rp~RHAM tA G w gyp RQ o z p f` CD loom Sp c i f i'd challeng.es (continued): • Unwilling, unreasonable sellers -City follows willing. seller poi-icy -City offers fair market value for needed right-of-way - No alternative alignment in many cases e Parcels within alignment are "must buy" or essential properties • Alternatives to "must buy" route include: bridge crossing, on-street trail, rail-with-trail, waiting for a change in ownership. F e~ pathways Were ire 1994 decision t . before Dolan deVelopm~n mainly installed ditioned by athwa~s are mainly ion decision, p . After D°~an by the. city. me%AL n floodp a.►n rail for lard ► asphalt $ QO®~aore -foot-w►~ie ~40 Pe f for 10 oard~alk r lineal f0 _ °t_~ide - ~ . ~ r irneal f°®t for °f° s pe trim br►d9e s pilrn~ _vvned Land and need for • y $50.ro5,0 t~ based on span leng ►tigat►on d o er it®ring an per yea wetland red 5_1 ~ar . kn 0o p afire ; Year for requ . 3 report►~~` ALL COST TO o p COMPLtIsEGME14-1 at $1.5 million, exclusive of d destrian estimate p . Roughly e • Rive(estimated ei hborhood connen tions and (2) Tualati bridges over million) man NMI All A0%,, U bu b RC E T 'TIL FUN DIN U • Park SDC's • Grant programs - Recreational Trails Program - Land -and Water Conservation Fund - Local Government Grant Program - T-21 - Community Development Block Grant • Greenspaces local and regional share funds AWf&uvl Tlit4ofv14D`Ir PO I Committee short list Ribbon o{ 8 projects Green Trail is 11113101 ~rai1 Fan no Creek meefm9 listening post oKe in supp° staff ~ of Fanno cit►zens sp P W estside and . 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Ly,.f1 •»j• W ~r'+ S ' VVjM ,1t~~^7~~y4"l~ y~~ ~ M1Y~yP' 7 i.,~tY1~I ~ ♦ ttW ~ "J~iJ~I`~~ '*Y• E~ "r} ' .~Yy=& 9 'k'~• ~ •&fy j: t El; .t.~ i rj '^`.r^" t."'a• ~s ..o fi. ~ 14S.A! kfi a,jel t. .t - Sz{,4. ~}ee t o•s,~:•'+I'~"`w ~{rr ae t ,yEr et .,~•CZy'~ j tr. •e.~ Y3•L°.f "r..s ~`~..•i"i~d n za•~.vr l~-t ~iii•v tRat ~ W" '~t~TS.L 'irrry {~7~`~i~ 3~••'4~.. tc( •t~~.Na~1 :•N cT~1 ~,•✓~8>~ , 5a, t a F{~r~ t.fd>?r1~ ~ ~ ~ i~"=*t' ~ ~ ~ e ! amt x d~~'.d ¢ i r.~- ~s• 1 t`r . ft } v ~~t. -.4 yK c ~/j,.. t ^c}. k. r iLT ,.:5'~0 • S• 8' i r c tl t 4~!sY' .''4 3"~.A, •.tt', ,r': . yt •~.y: .r'•...~. l _ j _ .'}r, 'L187~:i j, `r .I I%Cr r b+5 t w r~~, S.+ ~ -eta c-Z ~ .ma:,'a.:.r :.e e,w~ti,.LJ w..i revv.s-_u~.~~r:tliY~•raui~,~.L:6L:tY`i~lL~.a`,~~,,.'~''„t.,~:F+eY31bS& ± ',i t f + 1 1~ t I: t •Fi s • i l~~.~ t ,y l.. d~ ' i t'r"12'f• l k t t it i " , • i ^ ~ fry, .r ~ ! ~~}R+"+,~,~1~ .i} ~'2- )y'•i ~.I'?•y;r',~'~kr•kf'"~:'~'1'`f JY~^~'~,'?~'~'~ y~'r',t'Y!~;i~~ 4 Ste' t y}~~,~ .r•~~y~ i r , , i~t 'i+ A .'C. .r.°`-"•" ~ r .61i U ; • • ~ ~ ; - i ~ t "r r ~ 1-w f t`ifp~`,r#• ~ i ~'~t~~,,v~,(~ ,Sy...t, ~ i. .t~ tll,•,~~A'+?i l~ .ayy1}~, ~•7~~.tt....,..~ •.ti-"'(~_.~.': } { M° t}j~ 1ry~s TV, i~ ,y J1~ l '~i ,r" Y'. •,~J s+ 7%I+~ n,., I, x~A 4 - 1±~F '~~;:,M.~~}.•t`sC ~`.~,Qy~ ll.I :`,t +t`pF~6i'}'~''^~~'.`f'Ayx ,1 4;A- Yyi 1 1 i:j y r t 01t , . !F S¢N ys Z Z rti •'1 1 + ti.i, ~i YtIM,, . t (y .1`I¢ { ~ i~ rt Tt y + ` ~ - q~ + ' ~~6~:tlstt~~` ~ .."ttff~~ ~ i~t , K . 1~#,f ••,••`~''fte;r~~~j~1~`~~~ r °Ii•. ~ ,c., i 1 „ r t Si ~ 1; ~ i rdtr ~r..~. rte. "t0'~ ~ y1 k~~~ t ,Iry ,tZ ~`~kf"t r ~ t 3~n ~3+ s 11~ y ~ { °c4,.~~ta tiri•xt ,r 4i it ark` ~.1 i41~ i'N/:•.tit ~1 ,.4 `l t i t~'tc .+f 5 j~ . 1~~ , yr..• ! t ' A l ..'tT~~~' ] Y. 7~1 ' ` e ~ i y _ 4 _ 1 ~ l~ ~ r• S',` ~ L T•' •~~-c!3 Si„ +~p:r••"rr~,f,F-+.` '71~ tiYr.,4-t~s.. •lly..~ •.,t;~„F:t.~l' ~ ~ }~rTT r,ty,n`•,~y ;{u.. .i_~ rV♦ n 'y Iyt17l:. •a~y t„'',y, fit. y'4~•-:,•b' ,,CCC*•• ! t TS-'~,-' f°.u: \j. •i !tit~~ `pT I PC _o~ s ~'..~~iiC~.+rb :fit -.1~ _ .•~t* ~t a Reasons for to riorit status: serves multiple objectives and provides the greatest grant funding potential • Extends regionally significant trail • Fills portion of gap between completed sections • Improves public safety (undercro'ssingupgrade) Promotes downtown revitalization • Includes no extraordinary. costs r v~ I (yam ~ . 'ly ibION, y• i' i try ~ 1 t; • Y~ y v y y~yr R~;onaf PatKs sna0 or~Pu2 ~e ~ ~p Mt: 6,mt~vs.NQ~tbfl0abtitd i ' ~fO1Mtr~ QtiM. v^ e3 ft ~ M[TAO c1031Tm• t ft 1~ 1 r it 1xT` ` 1 ~ X`A•+re• 1: 11 fpm l•``'S t ~ i `.r"%~.,~` tamp Ik'~ t ,ym ~ _ - ~ - ,:h~;~v.-:~"t~s„s, j i • > ' i A ' 1 >t de.ti woo? ~ y~p1® rM `1 t ia~0avj ~ ,Aetlo R,egloluu Trails and GreenwaYs f' :1 Ra910nalTtait ja is t£xistm9 ionalTtad ~ ~ ~ IA 3► Proposed' R°8 ~l ~ / .1 6 ReetTtail ianalTreil Cl8 ~ t A~ptopased'lntat-Ra9 Cotrida to `~ri r - cYav i ioposed• GcesnwaY r j m. t 1 j Metro gortd Maasuta Funded l._ .co+~ o } t CoantY6rawth poundatyt i ),ben t I 1 ' +Metro 8aundatY _ arks - ~~jU96SRadLm°s ~ C;reew Greffin~ay is two. envva)fs The J:nnno 710nnl tirails and 9'ro link in the 10 jlll~ .l g'y~ygT- I 'Portland.) t ® - - - LLt5 eadnaim 0 ~ Farm G•eei Beaverton t Lake = Osvvego,j l ~ Ciky Durha Tualatin - J man= T li,$ F. ^,~R {off ~.{tl ~j'•L i 'E .4+ r ~enr~~s H 77 MULTN~h r A n~ _ C 11` r 'l~a`~ ~r ! t~ f lNflb~ h101Ut_4N2 y sr rh as, ~ s to i a f"` 9 , C'j N r liK y v fy pp i.+n... h - '"e f f c y; ~ t A. bike/pesi ro 'w- ► B. esmm route a 1 (NCO FOM x' C. bike route y M .I r Completed Trail Pt%j Scheduled for construction" s' 1 y; s - Proposed Trail (alignmem are conceptwl) 4; Ole, Y This tour covers over 15 miles and is divided into 6 segments MEN= O Wimlmiarnette r=l- Lo M Ilisdale A. Pedestrian Route B. Bike Route Portland m Completed Trail ;i Scheduled for construction Proposed Trail - y (alignments are conceptual) ®ike/Ped Route { Oka MM sX + H 1®.. Pedestrian Route i s Pedestrian Route %^=w c~.-4 ,.fir w ~ F - a 'S4q~ f ~ Bike Route r~ Bike Route VOW- 43 Willamette Park to Hillsdale m A. Pedestrian Route (Z mi) ~~011111111111111111 MEW • aR 11 `1 i \ , f 1S ; a .c" _ _ !tyre, .I le,.•`~ .y-. Willamette River GreenWay Trail in Willamette Park (looking north) t, v J' '..fit I`.I+a`':~ t '•i f//// • A!F T1 4 ,'til ! V az n S Nebraska (at Macadam) looking east to Willamette Rive F gpil r•a i ,.."}rat rrY t i ` ) t 1 J M y, KY" s Si t 'Y7 r it CI ~,7 •l' ,s.--,e-r-~"~"'•' v~~{ k~nj.~e,:.ar `ti+'~' 1. ~1L y , ih , 1~ t' 1'*(tj i b t~i ~ „~'.~°.t~'~?~J's'rx~ 'l7? ~(~18 ~ 6• z'~° ~ ~ ....o'a....~.r.`.~'~" oN.~^-~-'--~-•+r+, w -R~1.~~~'~..5.~v~` i~~~k ~1 : ri, of r ~I r 1".:;.,, `~'~'2~''i`_`~- '~~FPk~ia =t: t~~~"wc'} ~'~~F'!~bi ti~ ~s~~,~''f^ti •t~~, -n ` :I t+~ 'i 1 tS,'~}17p@qSp a., } ` Cj t . Ynn1 ~ T- ~CR1 ~rs~.{~. ty~~ kr. - - n"V4II~} Y.t.....acrA,1. :;~yyy(((. c/q :@. ,q •~Y• i ®L}. ~ v •~f)))' ~ .iiiiT~.ta>ii}.,~}. ' (~','i l~tlyihEY ,tr ti'"~~ . 4, ~ F ~ 11'',• ~ 1. ± ytA~ ~y( _ s ~ 4J5 ~{,1~~ j` X i~`% ~.~.4y-~• ~ ~.~~=.^..."S.f+ a~G:l"1l YI IYY~ t~ l~?y1 ~i•\• "~'.ar y~( t. ~ ~iq ~ti - i tv, lady S Jd, ?"'i7( ~~T•a'j.S• a ` 'F ~ A R 1. a=e~^ec _ 1 _ ya 'M: 'S:t}Y w MQ 9 .-y~l s`ue`. - ' •~y _ ' Y°• ~r Looking west on SW Iowa (at SW Virginia) towards George ` hood Hames Park in the Corbett Terwilliger I Lair Hill Neighbor ,f ~.r, ,a~flwj .~^i.~f~.,4 4~/,~•.^ ~ ~.~'y x ,yw+~ ~"4:4 , T4 y~ I, i' ~ ~ ~l`><! f i4,~ r~~syhic}✓ L •t ~i,~i ;t+';r+'~ i' r y~~'ti +t6 A iM p~ 'i n t ~I 1~t, ~ t~ ~.•:1e-. r 7~. ~ "f~'~.y \'~4y~ t J,~; , ~t t~, a + • '„~1 1.r +'ijA~. .3- Zi• •`;~ty• iP:*i ~~;~~~5 ~ R'~ .+:'.i~1s7~}}.o4h}. .T i',•.y~.i(1,•riiV.. f,; • ^J f`' ))~fi: ~1 ri..`•° trf ~ a7 ~'~,;,CJ:'41>,rK,~fx~7` "j~''Ty ',F's •ry-`y. y ea v`• ~ i~'.'y ' S~r~ t~;~ +t tjg ~ A~, • ~~~z 't~: T! ~ i i ,r~ . ''J~~, ;~~4trr tq+~i. ii+t`r 'F(}+~ K. fa sqx) > t~~t ~f , f +e i >t ~j~t• -~~t~, T ~tr :F"~ ~ ~ ~ ! T ~ ~ r,~ A~~ q -k 1~ ~ ~`~~+~~A• ~',+^f.. ~~ilrf f •(,!,,•ly✓ r r~P r i! ~fl .}+y~~~~t k~Fr!.l/1 y~l r`.' 1t 4:.y V , +y tii~l., t .y :!k}.~i ` "e~';• X1f`i tf.t<.e:.,' 'S~ r" >'j i ~r., I,n~~~s~ j~~;~7G ~ k .i~}•^:'t:;~~'L`i`" til•~ , ~ 'I tt~ ~~~,r .A kJ y r tA•, ~ i+ .},~~'~th~ 4 Jv~f1i R~~tti~ t z,,~.>.Y.-,, (a»7 ,~*+,r*r r ~,cny~~yr K ~ •t • c . 3 J,~ 1' ~ ~ ty ;►.~c~~`:~;, • - .•'~„7.J" j? ~ :Sir'"=~S~t'' ~ t` t' 't ~ ,t ~ f of rte' ~i'P ,'t +1..;?'..4.:~`i•~'.,,;J:yr~ `Mty`„' . r\kRti • C`' :+;;,~~C~ "~t+.:i~• C r ~i :i~h-x"~,•,~` ,.u. ! ~ ' 1. A,,.y' 1 +s ~ t` Y.(4r' K~ 0.'i7•~. •4 ° ' ^ ■.f~p ;.S , [r ,Y ~ ~ , ,tom, ~ .*,~s rr z« s ./,~/!%✓r~YY, X'`/.. 'j, .t.,..F~t'o'C.C . ♦~.~y„ y}tp; Q~,•!Y~1' i~'^~i~~~ L:f~t<r ~ a~ 'l I~r_t~Vhia^:i~~ '1' ~~',I~•. ~i~ \~+~1"~.a~l.. r Q~~ saw '~?1;~~' .gr~ ay~. ? ''~TFx~•r4i-`~J• ~ < ~ a `}+'+"t{'t , ~ f'•r,ri V/I Z aT'{y +tr S'r tT n ,.,T• ~•i ,~_t~ 1r, ~Iygo- 'iL, T `a~ ~3;,.±,t" fr`'r~~*r~l ~,in.').~:r"''a ' ~'f 'Y~i, V S A Y.n „i? 1 t+ ~ ` J~ j....~ Std ~y •rt e4, `~'f t )?~1 '".W.~+'~~..5~y.~~•Y•t. G~~~''~~"°~'y~~."y ~~,•~.171e. ~ ' ~'.I H , n~I •~7~ i' ; l a L I- • )t ,IH , ~ ~ . 1•~• it ~ i'~.t 1 r9 low too try goo VMS Mz~ goo , rJ . ti r`~~•, ,F._..~J, Ali ~ tf ~ ~ • CD r rnt® tla " 2-0 low r tti two CID rt , tl'. ~+a. ~ ' nj ti: F+. hr a k, LL+' ULb L1'1 Y b•rtcl v . Via:: ..+y= J Wilson High School, heading west from Burlingame Ave. I { it I LEGIBILITY STRIP ,•--•,.,,..,R. -r- r.t"cc"" c; ',rp~ 4' a4r ,pr F=_z z :5 +l fi 3 V (il A +jdYp ? L. Y Hillsdale `T®wn Center heading west on sW Beaverton Hillsdale Highway to Red Electric Route IIlk" (IIli 111111'Y , M! 1 111 .1 12 F - 4 .r ,r~}u af.w y mow' ~ ~ . - - ~ - .,.r„ a ...,..v Jill 7777777~-_ '777 Olt" p~~ Ta rb.-Sr YA huh`§ak--- :ice f ._f . Creep Natural Area heading south on Bertha Boulevard At Stephens 1 ` C rsr 14 _ 'completebrad d r Scheduledfaf conoudlon osedT~a~l tUail ° Ptop ate cancep Oct) ' p ~ ~trIan °N t /P d°ute pedestfl" ° nrrceRo~~~ 57 d R 4~ . POute err 1 ~ ++iEtr hri'~4-~iarnr.'n u~"sn'~:.•G-sr ...~~3~..v S~ Fla ^a ~ 4 ~ 1 f ~C'arxl"' y _7 ` 44. q All ` s 4y Px! aj! )7 -p y .4. Ir s 4y~e yet r .'11l' E ~ } t k - • r. ~ ~x s ) ~ i. 1 Y'>Y r,a^M1Y t.r. ~ 4 ,r•sf ~y ; 's•a f •c.. , f t a iii ; r~ . ..;i; t4 r~:.r "Vb'rs~YFsa^•.~1~rr y-`,~i'~',,,.; ~S.O9w•a yy'~~~~ wat J ~_~`e~T , _ T - • l;.,b,.~j } >thA'Y`,..•• ✓w~...v' l ! k ':l ~~iL1~G. ' ~ R ~ _ £BeFda~' 9l 1~ • r 1, T...- 4 ~s•sf'-+' - {4G'S.~' .r ! y T 4-`K'1~2a { ~9 0'a,.. Y'S~.~.•S ~ 'S•Y ~ _ 3j ♦ y~ tttt+f. k'~4 .w ' '?ice f . Taa0' [x.pr F ♦L fl [ d MXf j I IS ` ~"}''1~; Y' t ,~(i .-i.,i L• ' k•a ~ ~'Fc 11. ~ ,y.~•~ -.'t ~D~ ~ C t y,'~R~ tit .aiCK r r ; ~k," ~yy Viz. Y it 44 .a. . ~ t . ~ : _ .:c ,qtr r.. . , _ Lftf r y -r w'•~.y,y Kr . ~ ird~~F'-t~cxf„y, ~,,~F ~ `"d t ~ ~ L «.n~, a;. "shys''xr.1• * o ,f ~rsiZ~. s+r^ A y.° a,~l ~ °z.. r; f~ M ~ _ ; - _ r(''~A y •.~r ' L. •~...,rE~~ N 4'~5~ ~.,w ~w~ [g~. 'Lt°C c q F ~ ra ✓.~.!~Sx - f. .~»s "...ai~y-S~~M~g~~. N-+L~a. .jj Heading south on Barbur Blvd, passing by Fulton Park mifflisdale to Garden Home A, Bike/Ped (Red Electric) Route B. Pedestrian Route C. Bike Route Portland to unincorporated Washington County .k Completed stheduted for construction a°~oo ProposedTtail tuaA ' s (alignments aye concep i V Aa ~ tr~~~ route o 1 Biwe Fl®IAte l P f, . z e t- P..Ute (4 VIO,lne A. Ited sWgisdale t® Gayge~ y uw~ Red Eledde . .4 + o t F 7 Tables ti• a dir. wi a.~.J ram ` ~ NY 4 ti ~ r i ZIP" act- - ~ ~ t"+~+`.~'S~Si»rY$'~ ~...K ' _ f~i.~ •+A6r A}' The historic Red Electric Line ."V, % . J, L the elect", t CIO" 0103 fit s- 4 , ` v "'~~v S ' i a f :.d : r Ji,~1 4~A ,I '1 y ' 1 y`t' 1 J} i i; ! Iril". ~ ~F. ~;i?~. - ry 66~ rJJfy ..j q~ .t:n I i ~y Y.i• tt~ ++~p Y ` ,Ap t yy Odf 7iZ ' 7r`'~5~~~~"'. ,,,gam ~•it ....s~fsL •~G"'~'f r3,~." r~ /1 I ~ r,~~ `.^^^4444 ~~;j sT^~e• ~~~t-: r.. ,.,.,~~~,r~~.,1-r l n ~y„~` t~~,?j~ri rtV ~Y ~ .'i.a ed.,, ~L~~►: i~~y ~l otl ,.14i .x X~~~,," ~ ~ }g!~ ' ifs: ltT/ I~a~' r, j~~` ~►}a.~q,f.,~7 ~ tY Jl: ~ ♦ ~ t7:'~ W 00000000 01 oogo5 lp~O iR I LL' ULD1.L11 t ollu.r , i., j~M 1 i S F y .j ji: to Nicol Marsh next to Oregon Episcopal School Vie 119 Completed Trail F\\j Scheduled for construction Proposed Trail (alignments are conceptual) Bike/Ped Route fr:, b Y ■ Pod~.st~~~n~ te d i nn rt Bike Route ~s Hillsdale to Garden Home - B. Pedestrian Route (3.5 i) n®~ ~ 7r~S _ 1 ref!! j • Y V 11 4 ~ ~ : r s 1~' + IIIS~C ~ a, r`^.r Y ~'.lr. ~t ~:~SCTj. C ~ ° "'hY. t'r. ~~,,,,•.~a ! = _ . ,:1 war' . ' IN y u ;t'~~»'-~ .S • '~1•'1~ j , ;t i~ t ~ a~~ ~ r ~ i7 'l~z~~' -~a . r = y f"i.c; 1 r Y' ,.1 ~wF~...,R - ¢ ekz y~b~-+f 4r J ~y .ssNlYy~~~ Nw- ~Rmlxi.t 2Y J r OWN nue Q 1 Ap r SVq 37th na west into ---MONO ri• 4 ~~.vti' S t". ~~'q~'F ~Ybf iy`..c + G rtl 7'x'11 a ' 4M ~ ~ `thy, tvt .r. t 3 ,r',.,-~]'t,~ •s ~ ~ Tot l~ 7~' ~ ! "~~t•"f'~1 " t ~ ` ~"_`4S'yh~~?+ ~~~'S~-/~~ >t ' nr' i~~'y''. ~ ~uk ~=S~L~i, 1 1! •r t L,1 ,.~r ,per .`M ~ p1 iY' ~7j t t r h ~ rv ~yS pY~ _ . n. r~ -.a ~ ~ a~~=.'b'~ir~,~' • ~ } ~ t 1 . ;.x` ~yw~f' P~qpq ~ ~ , ! .u'"»i~ ;'fi. t ~ 4' Ti~.~: l • "P ~1 y'ds Zb 1• ~,~y ~_r,'i~S+a 4 -.....m ~.++'Yl~te~+'t~'~6.it`t~',."'f•~',3Ar,•„`i~...r L..:S[~`s`+r 'r1. :^~'+yXz a... t:~ f 111 .q ~ rill completed Trail Scheduled for construction proposed Trail ° (alignments ate conceptual) =s R - Bikehed Route a n aped Pedestrian Route 9 r 4 s air f G _1_ke Roue s a iQ Hillsdale to Garden Horne C. Bike Route (3.7 MI) - - - - - _ is dike lanes on ~arbur Boulevard (arrow) head"ang west (moll t wK f 0 140me to G8fdell .~railh~ad enr%eY ~ Was6i~61O4Cov+aY ,uuncocpon BeavertOn Completed Trail: p Scheduled for construction Proposed Trail (alignments are conceptual) 3 e , 'M • 'ice + e z t ~ 9 Ord r - r ~ F J r i. ~ L ~ALZ Garden Home to Denney Road Trailhead (2.5 mi) o d. '.Solo peon rM ty. Stiff. uA'~... +1t f'. Q', '~p, ~~y -~7 ;t !0►a r+ L t ` q Y"` + k, 3't ` " U- . hit r - Y. w • y~~~~ ~3.'~de •RN g~~~' • 1/'t Y~~`! ,g}.N" • ~ i ,n~~.J -11TM •^.4 ~ - '~iR -x,~ I4j a r• .ti " ~M\ .r ,~s, r~-e ~.t '1 - t ` , ~1e' «a rte.. a ~ t`. ~S`4 ~~~:'.'%Y~'CO.^•~• ~ .~kw ~I l S •S.n t. wA ~ 't 'F` y ` s ,.y.. 8 A-A 4 ; 4 TIV, aert~ :1t y1L' L71 L,_LAj11 1 v l ,ts.i. t 4 :d{5' r ,kr E "ridge over Creek heading West to Vista Brook park 000 tuo'n w f i t Y . ` M Imo, ~Z-1 - 'l i ~ ~ . , a moon A. r IA. ! lY Y izl G ~ s , -r >r YY -ia. I ~ ,ter ' . ZyrJA I i.•:~l(I R n .tf ~ + .l. •I' yt.t. ~ ~ .{2 t 'r Y h ~ i~• ~'c~\t.~ 'tb 4 1 ~ Yb S Y r•~ r View from Vista Brook Park ~;(x,~$11,1:1 Y a'1'tC1Y i f fie,, rightmof®Way man .~GIgII,IT`~ STRV i .j 44 Y• i 140 V r n~Ing vvest with Paved at ending SW 92nd Avenue Boulevard sun UISSOAD wli i I~il I k 'p 4 t. f - ' t' y y4~.. r 6 y_~f r •q411'5.-cTf ..y7 ~a .L 4 C ~ y 7` u G t ~ - l Farr" y v. s _~„ac'~:"?c? '.ate ~ ~,,5a. Parking lot over trail at Beaverton !Maintenance Operations (Center L~G1~tLI`I Y a s r,. rl.~ , ~'a ~ - ~ , yt - .±M ~ {n. ; . de• 1 ~4 , ~ Yr -x. • ~~4f'C~ra 1 odo t 4 is kip .r^ Y y f 's' 4~'~7'~_ s~~ taaav Ah1 ° ~ae^„g'A. ' ~`!a/<l9'~.'ra1~R n°-.iS.iwi ]s~ww.•. YM/.f_v`..+. ,~f -frail at GlrlsenWood --low tf a Ir r r ~r. k. through Greenwood Inn parking lot Traci .t 7 ~L t r a ~ rte' ~~Y 7Jx3 4s i.:• `'i•r4ri '"FY F• z t o' "C e t Greenvv®od inn and 2V ce~ent between .1 a1ionient a' tray e enhan potent i.an~~~a~ view fr® _ s L~~} 4 yyr ~ _aN ~1a~ ,a;'• yob ~T ~ i. ~r y+y t ' Gpj of Gfeavtvvooi inn) low lh Ave (south vard and s 1 a®~~~ 0 South ~C. s Head Ing head-nq tovv~►~' 0.4 MOIA rouisso-AD eo 4 r v X+ ~„ar 'Y RK• oils RO F Beaverton jjmjll;~Illg~j Will Soso -1 - 11 CompletedjTrail A Scheduled for construction k f Proposed Trail r (alignments are conceptual); j Tra, de hi ord R. :..1 S R { t J rrr os a ; Q (odors } ~ = - i re o th id - K t c ! ~+r L 1 Denney Road to Schools Ferry Road (1 45 i) lei, 'r•5~ 4 ~ t~r ~ ~ ~ ~ ~ '.fir -J. T. . ' RR It ~ / =i r rL~ G' i I'I r bv` par Creek nno k 'rralli~~ad at Fa lig cuoll a~~31peo uo .18 0- ~a~~. ~.0 j,' 111P + t_ a,G~` caui.. ~i t;.+ s t r. KS's. •S:~'+... `L`\`~'~\5 `\1 , w ,~,w t' - ,"w..r , ~ ~ {T - \'~3. , t. i~ . yt ~ + s S * ~ a }'~r + r i tS~~ ~~~1~`~0. ~ .;d`ey;«pA~i~4C''W~' ~ 1 t :'t~`~1" j~ t~~\~~t~~~~~i~~[►~.j ♦ 1~4~I~e; \'t~ i~y ' t ! rt li 1~a#• + :1 } ~f ss 1~}}y 3``~ ~ i 1 { ~`iN;C1'~~ ~"t.~y••\ ~+~jr`P.t.a 111 i~~~" Y, tj t. ~ + ~i~t \ :t4 Yv •.i?~,~ . .1. r''~tf 1(~"~1'.~ i 'Z rK ;ti t t , tM r. ~ v,~ ,5+~'?.~~v l~ ~4. . *a'J+ •~a ~ ;iSS`~c~,11{t,,.l•,5,. 1 '~'i;>' 1' ~'t l'L+'%~~+.'1\.4 ~t•t(' lkti+` Ytr~,~ r~k~S~.1 r ;:k i X.,,.~ {rN~~ + tt r~,47 rs ~.Y.~~~~ ~ ~ A y` ~ ~ .~~~t +a~C~~~+~~p=~•,v~}~~:,'L~ i,t't , ~~A ~a~t t[.r• ~t ~Tj +t1'F1~~~3' y 1'~.' 7 y~.:+~~t..r,;. ~ 1 1•E} F. t t tr e~%i!~t ~.(~Q )"~~c..t +ati~ + I~t<~,~~~ ~5`ri 3•,~ ef-%'' . - ~f-_ l~~ rh. te+ ~ ~4 ~)ryir ~ ~,xt"ti t i ~ ji • ~i'~t w [ 9~ ~c"~ ..ti ` ~ ~S~{i{~~ t.~ ``~t ~ ~ i . ~ f PP} ii • : ~ k, rrr `,}?i -t f ,t' t 1 ,J/~'aJ } •3~ ~pq, r::qJ,~ +r ; t t. ~~j~\ i r+4~~' 'r.~, ~~a'~a } 1~•l~t' 1-3.~.~ ~~k T v~~.r~ r'; ~ Ic'•`' • f, ~ "4'1:~t'` +~\J: ~•i ~R, ''r~. ~ ,t... ;,'4 j' f ~ 4 # Y~, rr.. r • k ,t t<ti 1 r~ , ~ ♦ . J Y1~: f ~ A ~.G, ~ _ 'ci t~t,.g ~ - 'y. 'S G. .fi{yr "rt 1 •a, i '~'*'_t •:Y i€• 'cM1';`~"~t;~r~ '~.r:t`}, {r .t . 4~,} rt A2 t+ +F~, ~ S~ ~ ..r ''{~SY~,~ f' ~ !L i'~~~~ f •~i ;tl~ \i'k ' 1 -~-z. 1 ~t` t s tG+~'+:. `i `i a ~K' }ILt } ~J ,y~~"'Attt t ~~{~1. `~t~' +`TC,...,,"''" _ .r rr"` i%}+i ± ° .W' 'Wri}:,•.~~~} ,~~T ~ ~4 'r 4 + "1' i , j t J i ftF j irk t f. T.i'f t ''11~-ti_ .Y~ r •y„{ P.: r y:S r~:~;;~.•'': t!; t 7 y i • V ~4:.-Y4t,~"!'&'4 ~.'tr .1.. y • L ~ ~ ~ . / Yj'y i; -Pt y r- } ! _ ~ :n7- r,✓ > "t s~..Ly';J3q~~:~1•~• .3•t'.. ,=i', F"r,~xx~}..+..... + '~~,y "~11.. ti~~• t s ~ :ti yt. E Y,{~ 3;~"~ ~~C* t''~'M1y~Gr5_t'3rr ♦ 1 ri XYi "t+• ♦ `i~• i i. ~.y ~ ~ ~f-,t. ~(~t+rE~~ t(it ~r 1 ~ t" -:4 t' r ~ f ~ i ~ y ~ ~ ~ \ 1.:fi : f pry ^ r~ -j>'~.,. • Y ' ' .rt~~'^'Y ' • a. :2• ~~1~~` ~ `y tv~~ r , : ' •,t ~ , +.1 ~~i Sv 1 J;: L Y ~ : r~5.~ . 4u.;,+9~ :n • • i~±'~{'{t t [ Y ti { 1 ~ +r-`f ~ Y Yt. r , i • ` t ' ,Jrr ~ "•t ~ rt4'`•` • 1,~4 ` ~F. ~ ~ 't~~. - b ' 1 t < t + f~.,' ' ~ 'fir ~+'4l~''4 + T,i ITTC ll~i 1 I J 1 }ts.i yr tD u - r A ~ 1 • l t f S 1 •w.;q y i 1' y `r ~1 r MIA r A x ~ 1 t Y c k i tLY~ u t 1-' Y~ t' i i t S V+ '1Z:t ~ t• . ~ ~ . w° e t to cree Test t® 'ess from _ i ,u• e S ~ a _u g F'C it-{~,/1S.!d fy'r(t ti.: ~.i a f 'l i. .+p t:°i' •'~d':+'',I.' 'i~'~ t p~ •~r ii ~_.h `••t=r~7' ny {{~~'.•,+c•; '4; N f ~,lr •Yt~. t .1t. t4~ j ' t ~F •,f~?dt '4Ds7'tr"t3 • ~s4Y;"~ts~' .~S~y~~ r '~',+`~t a~l~~ !~~q~ °i'T?Yt'^~~~j ,~t•::r~ F; Vn'hS `'"d 4 ~ . ~a r' tl,y J r P + 'd+.+ d 'v r a Ra . .r ~ KY-. r ~ ~ Heading towards s Hall Boulevard from Fann® Creek Park t s _ A r ti° ' f t2 a 1 ty , ~ ;,y,s ii i 1 t ~ Y dab r.~' ~ Js ~ r ,k¢hYr~, Y in 'west at U00 T7~' ri ~"n• . Y ~ i -~`~~.af iTisl is n[''y~iy.r r•~1 t .,v4t 2,.„y,y-.~LSw'~Q~fi•?..:.$.v~.~l..J+R.frAa}*~4~~~ ~ ` .~r4 _°/'""'•+Ra".+e•.+. ~ .,1 '~~"}f•:t'f'~''~1{ .,ig;,yee.~.•,~ ~ _"E!~ •.':Y, A ir; ,~•.i'~1 ~ 4 j'` ,l' f t t •t ij l~Y,•c, = t~ =-d ~t_ i.+-:'~~'• b'r .v ~'r ' Z~~`~~;h~~it~~{'"'ti ~r~±'~'~-r~a~it.[{~~; ~~;,~~'1Sr'~t~a~n~~~t~+Y1"',n~ik~~~7•I j~,•,; y, i -r. it ♦ [.i,~l[ i..{j~.p~ :17. va '.yi_t.;.,a!'~C. .r rtv ~Ze.`.1 {t `flew of Kull Center Wetland Park from trail 717 ! ~ ry _ _,.,t{ S 'mil t 1 ,J E't t apt i'.' t , r, , , t.'?~:G~hlf"i. , F . _ . 'tell, .t :i f T , trr*p.«.aal 1 lF~yi, ~Illllllil ,y, II I~~ a;ii ~Ii' IIiI'~I~r:~ ili'iii ,I IIIIIIIII) Heading south past trailhead at THPRD's Fanno Farmhouse P sb®2~~~6n®at1l Magid f8Muaaa~ u® nos 6ulpeaH aOAO a6pIaq pu~) 'qua ; 4i` Ouue:i .'mar i.: l ,~L"•T. . r♦ 4 t t1q z'~ J,yeG t ~ •`wy~tt. `T t'. Jy. f• t •~?L 1 i +yY r ~ r 2 ~ ~ •t>%",'' t - t~ ~ ~ ~.7~S~r'!~f•'.aM`- K',.` " ~ * ~ t Q 4 F 4 R. r- y e t cq;y,w+,twn„y.,ya < 1r• i. Kt ♦rlt .1 ~ ' ~"sue < r~ FY~~ r`~r ..y ~ y' ~ t ' ~ ~ fi~ ,r#'.'+~"+ Tiff-7~a;:;.. " \ _ ',*L{ jJjj,: y'a)~ i ~191f t1t• t, t~yt, ~ a _ fTM {Iy~i', ~ •5` 4•`r' ;i3!e"SI'~~.A~-r. 3• t e1'"'~,~',~" . ~'tCK , wm 'rC~ f77YS' •t i Monk" 'f •ti + rn,`3'•'; Aj. 2 t t 8 tt g Fts S,J~~✓ r A'rt g~+) `tc .,t,~ lgl^lfk'e Ar Tf i~, .r p ?-1['<4 rat Nx"~ rt y`, : !y r\}g~'f! M.k` ~4 i_t ,f i\' " . `t~X - a. R;t• ~ 2. ~~"a.,,t 'e+4 ~ 4 1 ,J J•~'ri S l C ~••"i4l l . y ' s ; 3' a j""t' •L'-. ,d'j' i1,~,.j ~ ~ tk a<.~ v f i e~•~yr ~tt.-3 ~ f, y 1 'Ff ✓ t ' .t ~ gili L' tr T t' L:'.t t [ ~.'.4y ~.~{ri.R .Y~~bi•~~, ~r 4m, 5, r F.i J= ti- •t ~~~A ~eR lw r i f 5 y` ~l t3 "s x ~-l' 1 ~.t t r, fi , f f' r Jyr s t 3 J!~ -f tt Y~ t~11 <}t L . r - t s~ S {s ± q Vq.. { ~ I. b •S +f~v t~ tiE _ , ~ s lJlr •~r• 5i~, ts l 53~.~t tA'i ~ N •~ri~i!•'Y^ticy~{56J'(`.Cs, ,f ' i:..j # i ty~~t`l" .}~'"(.tyi~i~C~+~~+i~`~ ' t .h'j ~~,~`'i i.L' •y~l,tfii:~' aK 4r~y T.• ~ j~Q.ST~<•Q.yrC'17~t~. ~ 't Y ,t y I R5. t t. ~~Fa ~ Fr ~a'~ _ WwaF 1 ~~4't~ 1 a s -k_. t~~"i`: ! ,rK s1~S#. j `Y Z Yt j {rte L , rwl { t :~Y' y. 'F:• 9AY~+LiV MV! 5` .y Yi A r.a XS zTZ T f1 dA M .>K park ter®ug Ott South i 11 6 Y ti .1 •J' Imo, r N S i~ I 5 .4 t 1 1 1 t.~ 1• } ~ 4 r. ~ ~ j ~ t ' . ate- Tt ?ti s3~s - s9te~ - .rrl w r ,.n ~ J r t}- - i 3 ' ; ' i~~ t~F-, Y - Y k . } i t s ~ t z~r j ,lyi-,r,.,.*c r rM,7• ' ~~y t:, 1,1r 4T ti t +z pa ir% WSJ ~a®~ through l -Ali l~ ' 4 r i ' h {t 4 t. ^ 1 tt r + n~ ~ Y ~ t r 1.s1 11~.a-ti ~ ~rq~ • ~ ~`J y'r~[~t tfr_+).i ~,{~'1.K 1 .h.`{ 4T4 ~,/Sn{p.~F ~~Ca/~~ a1P•.t'•'t 'a 1 rS A 4 t s 'Y[ : W',r+••~e^"r e ~ ~ 7.•.r^• y„• ~ -4~n*s' L ~lW^uii_irt T~ ,.z„("~• R zt +G;v .3.y. rwA1V~ .s~w~+, 4 s -t- tt^Si+` D'~ ~ .`p `r~n+ > , ,r s .z"• a ,r i r y~yi .:Y`.`7t. Hp RD's Greenwa~ par-k- Trail through loom r ~ _ - >,F s~'. "h Est ,w`i. ,~j, 95irar 6 - • • ~ a„'~.~ ~ Dui , gatF.^yQ~,•7"raarr~,. r..'M.~'~•t ~rF^",_+7n,"-<~~ ~'i, 1l.w.*._. .t; -~:r-. .~d.r• "ite+' v~ `►•y 'y'.1.. Jl 'S. ..fr~.>+•S • .n ` 7.,,.57 fr ~ t~` &d o,i~t,3f 1"y°r-*.4`i.ri.-yAtt~CY ~,"rtx'eayv v -n. ~.++w-. .c ;,%`;rf•a ~ fµ • ya . ^ew ,F r.uif#r+{,r`~,~~:ld`" r - _ r~, Ts~~;f ~ ~ ~~-.a~~ ; _ y ~ { Ft~ft r~ T~`~' t y' . - .x.r• ~ .;r• .i.,;y . r.. ?.F;r pia .L. * r s r1r Y> • y .f~is ^lT 'L1„ 'f urY ' f ~..R+.:a. :r.t - a Heading south on trail to underpass at S Scholls Ferry Rd now Fer►~ Road %~cfo.-olls c~ l Boa1eVar to T&~ 'k xtFC <~..3 I . ~y ~ ~ 'kf ~ ~ kr K4 v completed &ion Scheduled for construeion mposedTrail menuare(onceplull} ~~;i't~~E"ILtDt? _ _.~f' . • ;Lake }park F-Olvier ID0 t F ems' J .r.. - . w 1, f^~ ♦ ~Gne_tt i . 4. tsar r -~1~' + ~ ' 3Y J r~ ~.d„ w . "t a.4 ~ r { V J vas to Hall Oils Ferry Road SW sch ----MOM low rr ~:J I S' • - l ^ z, r`' oa, S 49-. yfk~ i ~ l .i'41 1~T " a rk y 4, `i>a1r.~~i`~yrt'~,. r-lY. ri a7r t a r7). # .,r:. T~ F. h i~"M .~~.~„~i*t~3r~:Y~~,t~s SrY~~y r~~~e ~ h•f • ,a{STY~ Ita t 7 & RM -.0-Nam f t ~k Y , Road under SW Scho Trail and Fanne Creek lun R IN OOOOWW 0000000 or isoolf4l Maus goom Ase A-k L .4.f giv p , 1 •„bid •7/ 4 1~'iN+1 +6x >:e p¢ Y `3*, 111't: Sjtl1t r i t f fkr m r ♦ L S C.l+!'i 4~~•; ~;ty ./Y~lre`+. 'i: - , +.L N'M ~y. a 1~/ k 7 ,tc L"!YF t ~ •i .J ~ y• t yx j. ~y, ~ ~ _ • t' , r.. ,rte r, if , a r a., Sj;T'"5 1 44 f t t-~.: r K ,tea r Z.1 cu®l; to lip-All quo i comet ua let ti . a la 9 . ri tw! " itt t l~ ~jexit y '1.Y2f ? ~.M "i ~t qtr k r it ` .r=s1"ry t.sts'il+ ti ~t l/-..`~ r.f~l~t'2;{;.:t',~AF>< k,..,. ,P , 41 Lq ~ '~l+l tip' ~~i Y~ .A•L t~ 5..~tS1~~ g' . -L' S ' tjr A ~ x e'c ~`i~.c pit~~jL ~ ~ f~ ~ c ~ j TR1~ _ 't py., +i~;,~ cw ` )fir, } } T~tt y[~ ~ L'+k,r~✓ c'sa 44 .`,°.~Y,J{ i~i any'>' ~15~" s,?#k~~~~ + " r , Sttif,Y t . _ iRC' . Zak t ~ . t .lt+ S ~r~.s.~'r' ,i'? ~IL, - d { • +:t ~ n ~ r..: < 2 ryr .r~~ !+,,'~•yp"ZX'kF" .a. ~ u t'Y~- [ y:> %treet elrossi Est at U87 1 x a i jtir Von u u i ~ r r i } w y A, • Z .r,{Y~1 ~.s~ r r~` -'xt : h i `7'r1'r$.~I ~ v t xs% t C sxi 1 t f r f t t~ E 'i' XF~ fi 1~T vt;'~A bjj'° r 3~ ~ t.~ S' -ry~.r.. f~rr F c3sc '~},i'~~'',yc'~ •?y. c .r y"^ t-,fYrT!~`~.Yi• r ii mgr}~ 4, ,..n') i t ) r t t: - ~ 'i srr. ,j~i t ~ r E ~ >4_ *o ~ r t t 1 ~ {`t { :s:,r}; t~. r l!, i • ttt ~i `x~~ci s i ifi':~` t rI'~ ~ t w ~i., Ss',t~ w. ►t ! s 9 ~~i ~ •i t t ~ : ' L r ~ CS• v' ~®~~h i, -t , ~ i } YMat , . a~ . z ! t 1r! " k, s• 'A, ~+y~yyi rj~((',''~=~~.r.g` .S~~S+~;~~ s ~ ~`C'{ xzy~ ' r,,'~%~~; t- j$$~ f~~~~~' `9 J }j'~~~f~ y(~$j t ♦ `1kis1 N ~ t ~ 1 `t~~i' 6~ qr 1 t t ~ _ F~, fl's ..e.`4v Y;"t,` v'•i}.! ..i ~X.,t `2C ,'t t,.3~E 3, 5.'}3. rrt. 1 y _ 1; ,vY si t V ; fit, +v y t t ; e, t t ~ i i F"- # t tyt' K> ~ + r ~ Wr1t^1 }r ,ar~ ~t~ . rTl.j 'jt ~F #'v !1 ' -'Zi `r..xC ►v4f'FF yt ,1 Y r~ t,4(`. ~t t ~t~ t f 3 ~ ~j11 r<",l♦ 'tE. a }y i ~ 7- rr# p~ f r: '~r rt,' ~ iY}.r3j` r '"y'~ ~~s qp t ►j! 'j` 1 t•7 ?.~p L 1 ` ✓<b S~ 'y~ t j~` 7~'^~F1~ ~~r ,j"%~ ~ 1y. 1 t i t.,., P~ x e r i `F ♦t I\ Yr~jf' .u ,v~p t i ~ .L4 ! ~t i t ~ t~i~ i t~L+S~ ~ a~ Ta 4~~i Uts~~~~'- ¢'Vii'•, r~1 ~~iaR Mt`~1rs'f'~~ . ttt `1 "f e+rg~~ ~1e rt .f.r t~ Si 1..' t ` i ~u i, •'}r.. 1 s tds,{t t► ' y ~ ~i~~7 . n+ i~,S~~~~~att~`;'~ :`i'.4 +}Sr~ .lt~n~y~ t 1 ,e~ r:~ ,y.r6'T rrt S a ~ 3' ~ ~ i. +}A t;L. r. ' a ooda y u r t r, Or IF att"o at r~G MINE, r } 1 A. : kl 1 • t.:..~,'~- ~1# I! ~ 7 III i .mot. __„w:a"s>s.-.-.. w i I~ { ' ~ ~ ~ ~ ~ ~ ~ ~ I ~ • _~,.;-sue y~; -~s.`~ 'i4~ Trail and bridge over creek from SW Main Street in downtown Tigard ~J i• 1 t t t S ~ ti L Vet ~ Rx, r ;a 1 I 1 wd CRY C®rnplex - F1~11 '~®u~e~awd r~e~w Trga Trail crossing S~V 0 ~ousevara to Durham City Park Tigard to Durham Completed Trail Scheduled for construction 11 o °o,o Proposed Trail sg tty al (alignments are conceptual) ary. TIMM - - .47 T y rti 'G bT• ,u, r Ti arMi s-~ m Y ~ L }l7Y ~ ~ C t - ~ } Y ~~T it ~ / ~'S SW Hall Boulevard to Cook and Durham City Parr (2.5 mi) 1814u;a4®~ 04 4sca 6U131001 lo 4sy 1 _ s s 'y'x ~ A(f ~ fl w w F" i ri P ;i« 8 i al, -Is i d~ : OW, ~,.ywta►. x ~ t rye , .s.. t p ..,:~~.y.r.~ i Vet~tn.~.•}yjh~ ~,.~yh~t>f~ ~ t`[tj #B GRI, iq w,..rrrr.•r ter.. i. ..+$1. ~ / ~.~';^c Y4 A9 1 ~.p-t~ Le1 . f d€ j~ 4 5 tts s ' mmill SOJ ®UU8:J GUISS®JO pe®M B41UOg S u® 4saAR, BUIMOO-1 ;r k v BRtidd~ ■ r. ,r '7 ~d stela a tansa wua nM a i~lillll I'I Y t;'I'!i~l: r •F .X ~f : Y4Yf t..,if .r , ~'.~1- ~t i.r•? 1f d' T 1 ~ ~~i f r i. . r r .hr: k~' ~ ; c t :y 'sue: z r~.`'3"-y~`~ '•t, "i Y::'e n ~3r .`1 a t3~rF,r-i :),V S'-e .c ~ ! Y b ~~?x• f Potential trail alignment heading south along SIN 74th Ave to Durham Road r fli rf !a rt~ Potential trail alignment heading southq crossing Durham Road n F ~ r t ; ~Si T {`T a 7 IM, 'Ile Ott~~~~ k ~~t a r pit S S " tl .J~ ~ ttl 1 t 4 t ~i @# t t I F t e{ r ,e i i L f s ~ ~ d; ,.3 * st yz~1-Z''~• it'~,~,.~' ~ a .:ate ~ r ~g~4 5l tl * Y`-.xaL w- `•p r: . + W Entrance to Cook Park Completed Trail ~J Scheduled for construction fig, std • aI _ Proposed Trail ° (alignments are conceptual) an de nal St uali 'Ms ~99 1 t r. .Y - r 1 Y t Y 3 1 ! } si Ti and rr tt r ' f T~ r ; t w i I z ~ t _ > iY M ' z Rail with trail option to Durham City Park uatuasoe ~~p~~ . 41"0s r3u!pp-O'4 k I11 I I , Y ..k _ •Iv _ r} ~ _ ; 1. 'fie!" ~ ~ K at ~ r,,y° ~ ~ ' t'~s i' ) c~ ~~yy i $1. ~cf~rnl'S~'°R"'c~. ~ ~ i' r p4j Ciy `Y-~•y'ti~' LS*~F~•r~'f. ? i:f. ~i . _ ~~„yu4Fi t~ k ~.t I r'S'yM 'Yt'}'•'4 7 4 ~l~?i is JW~1't~ ~ j~j - ,.F:.l ~ ~r d ~~1 A1~S-' a ? F '~R~,1 c .h #r "Y Y4a..,,, ~ ~i'~s.... ~ _"r, ' Ty •1 r b~St"tiYay~r,,-,Fi ~ $ . ti Zg ~t r -%S.• r it terg 7i'T 4< +tTiY FF vYy~ r q1 b ' € 4 _ r r ~ ri 7~ ~~~~~~w ~ '~L ; ~^e. F ~Z. ` t s i xa '~i fR~~}~~ ~}~~'iYf~.,y X11 t 5 '~C"1• 1~ 1t~~~ r#'. .r., ' xa 9T' •~`t •'It -cY,~t - (F t i..t,, Via ~':R` sl yt . s ~'"'t+.t '•a~ ..13r' ~ ~~y~r` i.94 cY ~ ~ ~ , )F' S ~ s1P Yi1t! ~ . i : e t t y f~ a~,~•n~z U x ~v'sf ~ :it / 't r - ~ ~X+ s • ~ 4.y w. v? i k 1 ~ f '4' } Tx 4~~?,yrtr~•4~ F z'~C;,'~ ~ar1~`i F ~ - a`b~Y~`a ~t ` }S~pr4 h ,F~F `i""~ ~ Wri(ti t: i1s°"" • i - • p ~k~'F. :.yny;{ : ~#yr' ~+t- ~ k a ~ y a`~p""3+~ r..! k.r r t4?sy?: '4 .t• ` ~ d1 .tr%k•*'"-' •..~s ~ i ;,~d4 <.t ~-a~', s ~ i ais ~x c~j'~~Y~+~r ` ~"s~c + ~ - ~ ~ ~ s ~~~dj~ ^ i ,~•S' a~ 1 ~ ~ ~3~ y~§r~..' + Ff `ri+yH~~{'"fit t _ 1 i ~ }~~-it ~ ..m VR-t *iy^'k..u i y} i•.~. z„Tee. y; ~T j~'. fv. ~~.{ti. i T i ,yh sFk~~iy~ ti' f~" -.x ~ ~ ,r,+, t~p~,~~i~ l~ , t ~7~;F[+,,'~~ki~.7•f ~ r•y ~ ~ . ~*ti` _ 4 ~.it,sc Y 1• Ii r r• jS~'~ y,~ S Yid,: N rd h i. f.<'. 1 ~ i4 .i y. t-.Y"~~tt~.yZ~ 4 ^Wgg aa. Fij KR.'1r.J R._.+'{~t 1'C 1 t J1Y 1. mow'. 3 "94 h l+. AY t~i-`x'-i,€'j,F 4~,` Ci r,^~?i' tt~ i,a h iq, a+' ~ ~ ~ } ~ + ri``i~s7 i-y, •a~ it•,p~x va '+C +qy~, ~ , t t y ~ ~ ~ 'M } Art ; # ' 1~K'~ i•~~'Yr}(~tL ~ r ~ ~J p~#t YS SF~~~y * ,t;~^{Y+Yt ,r°- 7~~ -Y y~~'r i. S'. ea r , a , r V~ Ji _ x _ fnb 4694 lucid luoullse.13. see" ' 1 k0w . a„ 7 III ci,*u Park View of enhancement Plantings IK.°"r4~','~~ / . ~ ~ ' 3'*~"a ~ . >q~h ~ l~~t 1' ~ ! w {R! S R 1x { , t ~'~S„ Y~~ - ~ Bx 'h f~.. , •t;`' ! i ,i~i, + k' "fit: • ,r f. ,,,,t wtee two > "i t `^•4 ~A~ ,.r'r• r iV - ' ~"t gr `iii :~ty~ } ~ t, 11 r y r 1 lk ti`" ~.C~"'~6i/'ii.'lt'r ~il~~~P.. Y.~`s r~'~°"u' ~E*+,~) t~i~{'. T4 ~t .C i.{films ~-~~^~~2 1 •J' ~ .4<g~,.S,. - \ S; Fi ~ :'~f, k. t`Y 4*_ ~ .e1~'lj1 {i' #~l t ~ 1C.~-~, [~~i'1RN ~~~`7'y'k~~ f L l~~ M ,ptw{ ~~)yS ~ j ~ F~ ~ Q i r./, y u firyyyry} fp: 1cF } r` ikyye r.', #,1 'ily~`,4 r { e : two ~+'T ~w sr + ~ a* > ;~jI~~S _ ti ~Lj,?~r` ~~1y- ~1 ~ ~YZy>~S "..ti , ~kSYir 'k=1ft?~~ a r~4 y1~~r.{~ { Fif,''tk. f d i F Fi r..r;. woo too r ~ t F t.: lS+ ,;•'7 5 +,5 `~yt• • ~A'a i'J'~ "~'k~ '~r'~ ,'y.}ys ~1' .e~ 4""}'tR, .'4 F" R'?`izr `~..1+1 'k /',y y, • ~L;'`i1 A/ ,5''. `.L i I. ` b~ ego' w 1 i y, + r t }(it' 1• r4 k+~ uljr (1 ~~11i 1;,, 1't } la + s i L~@r~ 1$ { ~ ~ M~ /gym It •l~,i'f~`~..yy~ ~:i•~.}~tN,l~d4~ ~~aF' ~ ~ 4 r ~ •t Y` Y" ..,..Sf: ~ 1 2 r iii 11y lr~,~ ` . • a { too 1 ,ry 'f i^~~~tM1 t A'.•r+.,.r~ a i~Y`4~ t #f))•~} 4k~! '1 !*'yg, \ 60 ~Ajrl y 20 , v~}"~~~ttt p~ ,„".i v' G.4~` jr N"~: '+µ~l4J'r+~+~~ . i ~ ~;S.,t~ j17 Z"1~ ` ~ . 1. ~SAi=~ ~''a;`R~+{',.~~ s3.Y~~,,,s„~~'lr+~ ' .3 . ~~_~~I RR~R~t~'!~~~.~~t~yy~~;••~r•~ * • iY t ` 1 ,.y'S .r. .v j,~ r•..E'?n I;~.~Mr;_• ~ .~''i: ~.i.f'r{~ ti' •l~~~ , t t l "'l; '7'f' G ;kkk ,~.w S Y~_ ~'t~~+ ~ `3'~ i".•' ~ e.r ~ 1 •j~ i! ~'t 4 y f f r l F"`Ur 4"" ~ y"s`4 , ']e-r~••a; ~ { r:: t ` R ; i , alt} `i~, ~ ~ nw'+ 3.~ ~ 4,}; s'''l. ""t•'%± . 4 r''• ~~i-,1",g. n ~ ~.~t 1.~, `t` .11 :tR. i t ' ~ F . F ~'•nt.^~2 ~'r~,~ 1+• ~ ~ ~ } ~ - ~ x 5'.: ~ ~ • .,y ; ,r-1M Y`' a y it , ~~'',,•'~,L~ i'~zt+h '--ice 1 MINE LUOJ& *400 ' ' : ;f '~----•-,.i acs:' ~j J~~. t. ~ •xa r Y ~ r ~ c ~oi t a a ~ ~l ti ,s^ ? s ~ ~ ~ . ~.5 , i'Cr~► w Y t 'TK ~3.r„.* q •yt.~ ~ ~ s ~ iii ~ , ~f~~~~~~ ~ ~ ti~ i~`{_'~R~.~. n i y r kVr ref r: y y \i5 vy 3s C W~-~. - ~ 5'' ~y, a 9 ~,.Fit,~ap~ ty'~•? c ~ s .~a S_,,ur°~+e. .1 .yf, g t I i •.r~ ~~'j W oll c. .~i • y t, 4.3 ~•~.~~'v~~!. 1 ~+'x '~.C~+''f'r' .3 ti °'.k'aYn 'Ss}~ ~ r- ~ ltt -t . ~ '3 # +34 .c b t~'+r fir, ~O^ . ~ ~ ~ ~i ~ fiF~fv ••.,r•'{ x~ 47'4~` f t~i f:_ ~y. t ' r' ~-~^~'d f. ' >„3- : •Y T ~ t' r F r `s+E' .t ~ •~s.'•r ~ t ~ "5v 5 ti ,K $ ~ f ~}\-rte`°4`•. ~ - i "~"~+a+'~ tom: 3° ` r The Fann® creek reenway frail • partnership project Of many public is a and primate organizations: R Y ►o ` 4 iT CKa•~.' . r j r let d r ll.. . Bill _h ~ 1~~ J fix= • •`J ty tai ) . •r J t ; „j. ~ r •1 ' . ` Y::.{ J' r a'16M +y~4*s t ~ ~ ~ i ~~c + ?t -l~ 1 .t zi ~rryryn~,~,, t y q r.~ ~2' t; i,~rSt'yf~'"',.;. ~1 Y t. Y"." rS .`F J 1 s ~ 'tYrY, r,.. YY ,r rsS~; _ { l R1i , it t Y r~-sneer ~ ; 151 fi All r s^~~ 1a~,{~~d F f t i- - e uw r5^~g~`~ it 1I AGENDA ITEM 9 FOR AGENDA OF November 13, 2001 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Report on Maintenance of Merresttonne Pond (SW 121st Ave. PREPARED BY: G. N. B ny DEPT HEAD OK A.P Duenas~~~ CITY MGR OK W. an ISSUE BEFORE THE COUNCIL City staff will report on the current maintenance program for the Merestone Pond. STAFF RECOMMENDATION The report is for information only and no Council action is requested. INFORMATION SUMMARY On November 21, 2000, staff reported to Council the plan for maintaining the pond following consensus reached at a September 20, 2000 neighborhood meeting. The beaver dam would be allowed to remain but would not be maintained. The current water level would not be allowed to increase; a pond leveling devise would be installed if required. A neighborhood volunteer group would be formed to assist with debris removal. Over the past year, the plan has been successfully implemented and is expected to continue. The beaver dam has remained and is being actively maintained by the beavers. Public Works, at a cost of $2,915, has performed thirteen maintenance activities including removing debris from the top of the beaver dam to maintain the water level and removing trash and woody debris. The cost is mostly the result of the manual labor required to rake debris from the top of the dam, and load the debris for disposal. Public Works has not requested assistance from the neighborhood volunteer group because of safety concerns although several volunteers have assisted at their own initiative. The beaver dam has reached a stable height that results in a water level about one foot higher than that agreed upon with the surrounding owners. This level is well below the level of the pond eighteen months ago that caused the complaints from the surrounding owners. Furthermore, the existing pond is aesthetically pleasing, the current level appears to be acceptable to the owners and the pond is expected to require minimal maintenance henceforth. Public Works anticipates that bimonthly maintenance would be needed to maintain this level and plans to continue that maintenance. If the frequency of required maintenance increases substantially, installation of a pond leveling devise may be considered. OTHER ALTERNATIVES CONSIDERED Not applicable VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY Not applicable ATTACHMENT LIST Not applicable FISCAL NOTES Maintenance of pond is funded through the drainage maintenance program. I:%QIY-da'SUMW estona pond nov 19.01tom.dw AGENDA ITEM # FOR AGENDA OF November 13, 2001 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE TMC - Burglary and Robbery Alarm Systems PREPARED BY: Ronald D. Goodpaster DEPT HEAD OK_ CITY MGR OK ISSUE BEFORE THE COUNCIL Should Tigard Municipal Code 11.08 be amended to (1) state that the Alarm Coordinator, and not the City Recorder, issues alarm permits; (2) change the length of time for payment of fee assessment and written appeal from three to ten working days; (3) delete section 11.08.124 (b) (4); and (4) delete section 11.08.130 (b). STAFF RECOMMENDATION Staff recommends that the changes be made. INFORMATION SUMMARY Currently subsections 11.08.030 and 11.08.050 state that the City Recorder issues security alarm permits; however, the Alarm Coordinator actually issues these permits, and the language should be changed. Subsection 11.08.123, which governs fee assessment for excessive false alarms, states "All fees assessed must be paid to the city finance division or a written appeal must be submitted to the Chief of Police within three (3) working days of the fee assessment." It would be more reasonable to have the fees due within ten (10) working days. Subsection 11.08.124 states that following the fourth false alarm, notice of suspension will be sent to the dispatch center, the Chief, the alarm user, and the persons listed on the permit to be contacted in the event of an emergency. It is not workable to send notification to the emergency contact names, as the alarm permit information records do not include addresses for the contact people, only their phone numbers. So this section should be deleted. Subsection 11.08.125 (b) states that the Police Department shall maintain statistics evaluating alarm systems for use by the public. There are many large and small alarm companies and new types of systems being developed all the time. The huge amount of time required for this type of data collection and maintenance is very costly. Therefore, this subsection should be deleted. OTHER ALTERNATIVES CONSIDERED No other alternatives considered. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY ATTACHMENTS TMC 11.08. Copy of TMC showing suggested revisions Ordinance. FISCAL NOTES There are no additional costs attached to this change. iAcirywide\sumdot AGENDA ITEM # II FOR AGENDA OF November 13, 2001 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Consider Elimination of Chapter 2.06, Residency Requirements of the Tigard Municipal Code PREPARED BY: Bill Monahan DEPT HEAD OK CITY MGR OK ISSUE BEFORE THE COUNCIL Should the Tigard City Council eliminate Chapter 2.06, Residency Requirements of the Tigard Municipal Code STAFF RECOMMENDATION As part of the City's review of the Tigard Municipal Code in 2001, Chapter 2.06, Residency Requirements has been reviewed. Residency requirements have been challenged in some jurisdictions over the past several years. Tigard's residency requirements originated in 1978 and were last modified in 1986. Presently, certain Department Head and Executive Staff positions identified in the Code are required to establish permanent residency within the boundari,s of Clackamas, Multnomah, and Washington Counties within 120 days following the end of the probationary period after appointment. After consideration of the benefit of residency requirements and the potential challenge to them, staff recommends that the City Council eliminate Chapter 2.06, Residency Requirements. If Council feels that a residency requirement is needed, the attached memo proposes modifications to eliminate unnecessary language and correct the list of affected positions to include all department heads. INFORMATION SUMMARY The Tigard Municipal Code, since 1978, has included residency requirements for certain positions. Among the positions are the city administrator (manager), chief of police, community development director, head librarian, finance officer, and city recorder. These employees are required to establish pennanent residency within the boundaries of Clackamas, Multnomah, and Washington Counties within 120 days following the successful completion following the probationary period for the position. Council has the discretion to extend the period for compliance if, in the Council's opinion, the employee had made a demonstrable effort to comply. Failure to established residency within the required time period would result in immediate termination of employment. Since adoption of the Code provision, no affected employee has been terminated because of failure to establish residency. In the mid-1980's the Code was modified to allow persons holding an affected position to live in Clackamas or Multnomah Counties as well Washington County. Presently employees serving in each of the affected positions live within one of the three counties. There may be several reasons for establishment of residency requirements; however, the Code does not state why the City has such requirements. The issue of requiring residency for employees has been discussed and subjected to legal challenge in other jurisdictions. No one has challenged the residency requirement in Tigard, however, if the City Council finds that there is no justification to continue the requirement, it would be prudent to eliminate the requirement rather than maintaining the Code provision until a challenge is lodged. City Council can either take no action and leave the Code provision as it reads or Chapter 2.06 of the TMC can be eliminated or the Code can be updated to include a full listing of affected positions. The attached memorandum provides language that could modified, added, and eliminated to update the Code should City Council choose to do so. OTHER ALTERNATIVES CONSIDERED 1. Take no action, leave the Code as is. 2. Modify the Code language as recommended. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY N/A ATTACHMENT LIST 1. Memorandum dated November 2, 2001, from Bill Monahan. 2. Present language of TMC Chapter 2.06 Residency Requirements. 3. Draft ordinance changing the Code as recommended - Option A. 4. Draft ordinance retaining Chapter 2.06 with modifications - Option B. FISCAL NOTES N/A \\TIG333\USR\DEPTS\ADM\PACKET\20011113iTMC RESIDENCY AIS.DOC IMONEMORANDUM ,I. TO: Honorable Mayor & City Council FROM: Bill Monahan. City Manager ' RE: Chapter 2.06 - Residency Requirements DATE: November 2, 2009 As part of our effort to review and recommend modifications to the Tigard Municipal Code, I have reviewed Chapter 2.06, Residency Requirements. This Chapter provides that named employees employed full-time by the City and certain Department Head positions, including the city administrator (manager) establish permanent residency within the boundaries of Clackamas, Multnomah, and Washington Counties. During the 1980's this code provision was modified, broadening the residency area to include Clackamas and Multnomah Counties. It is my recommendation that the City Council consider eliminating all residency requirements. Over the last several years, the question of legality of residency requirements has been raised on occasion. In addition, I question whether the residency requirement, which we presently have, benefits the community. In fact, missing from the acceptable list of acceptable counties is Yamhill County. There are areas in Yamhill County that are less driving distance from Tigard than some areas of the three acceptable counties. I recommend that the City Council eliminate Chapter 2.06 from the Tigard Municipal Code. If, however, Council feels the need to continue to have residency requirements, I recommend the following: 1. 2.06.010 -Residency required -Affected positions. recommend that the title "city administrator' be changed to "city manager' and I recommend that the positions of public works director and city engineer be added to the list and the position of finance officer be changed to finance director. 2. 2.06.020 - Persons employed as of January 17, 1978 not affected. I recommend that this section be eliminated entirely as it has no present application. 1AADM\BILL\MEM0S\RESIDENCY MEMO.DOC Option B CITY OF TIGARD, OREGON ORDINANCE NO. 01- AI`I ORDINANCE AMENDING CHAPTER 2.06, RESIDENCY REQUIREMENTS, OF THE TIGARD X,7UNICIPAL CODE WHEREAS, Chapter 2.06 of the Tigard Municipal Code (TMC) requires certain employees to establish residency within the boundaries of Clackamas, Multnomah, and Washington Counties of the state within one hundred twenty days following the end of the probationary period; and WHEREAS, the Tigard City Council has reviewed the sections contained in TMC Chapter 2.06 and determined that selected wording should be updated. NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: Tigard Municipal Code Chapter 2.06 is amended as reflected in the attached Exhibit A. In Exhibit A, language that is underlined shall be added and language to be deleted has been stmekdimugh. SECTION 2: 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 , 2001. Catherine Wheatley, City Recorder APPROVED: By Tigard City Council this day of , 2001. James E. Griffith, Mayor Approved as to form: City Attorney Date I:WDMTACKETT20011113UMC RESIDENCY ORD B.DOC ORDINANCE No. 01-_ Page 1 Exhibit A TIGARD MUNICIPAL, CODE Chapter 2.06 RESIDENCY demonstrable effort to comply. (Ord. 83-44 §2, REQUIREMENTS. 1983: Ord. 78-87 §2(part), 1978). Sections: 2.06.048030 Sanction. 2.06.010 Residency required-Affected Failure to establish residency within the positions. required area within the time allowed by this 2.06.020 Per-sons employed as of 11--i-ary ordinance shall result in immediate termination of 17 1070 not °"eted employment by the city of Tigard. (Ord. 78-87 2.06.0320 Extension of time to comply. §2(part), 1978).® 2.06.0430 Sanction. 2.06.010 Residency required-Affected positions. 1:A D M\CAT HY\C O U N C I L\2.08. D OC All persons employed full-time by the city of Tigard in the positions named in this chapter are required to establish permanent residency within the boundaries of Clackamas, Multnomah, and Washington Counties of the state within one hundred twenty days following the end of the probationary period. The affected positions are the following: city administratef manager, chief of police, community development director, head librarian, finance offteer- director, public works director, city engineer, and city recorder. (Ord. 86-11 §4, 1986: Ord. 84-16 §1, 1984: Ord. 83-44 §1, 1983: Ord. 78-87 §2(part), 1978). 2.06.020 Per-song employed as of ja%unry 171978 not ........a en !be date this ehapteF takes e t_fTmuafy 17' 19:79) shall not be required by this ehapter- to establish es within the urban gFewth 2.06.0.30020 Extension of time to comply. The city council may at its discretion extend the period for compliance with this chapter. Such an extension may be given to any affected employee if that employee has made a 2-06-1 Reformatted 1994 Nom - /-4v ~r~rn 0.13 League of Oregon Cities - City/County Insurance Services Safety Aware! Comments for the Mayor- 11/13/01 Council Meeting Safety is a high priority for the City of Tigard employees. This protects not only the employees themselves, but the property entrusted to them by the Tigard citizens. Each year the League of Oregon Cities and the City/County Insurance Services Pool sponsor an annual safety awards program. The purpose of the annual safety program is to encourage Oregon cities to participate in loss-prevention programs by recognizing those cities that demonstrate outstanding achievement in the area of safety. All Oregon cities that employ regular full-time employees are eligible to participate in this safety award program. Tigard, with 253 employees, competed in the category of cities with 150 employees and more this year. The City of Tigard was awarded a GOLD MEDAL SAFETY AWARD at the 76th annual League of Oregon Cities Conference held in Eugene over this last weekend. Award winners are determined by the lowest injury-frequency rate. This rate is computed by the number of lost-time injuries per 200,000 person hours worked. Tigard's injury- frequency rate was 1.10 for the fiscal year 2000-2001. Over the previous two years, the City received the Silver Award. Congratulations are in order for each and every City employee and their outstanding achievement in maintaining a safe work place!