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City Council Packet - 12/11/2001'uo ~ c-1 TIGRD CITY COUNCIL MEETING DECEMBER 11, 2001 COUNCIL MEETING ILL BE TELEVISED HMEANNIEWOMCUM 13125 SW Hail Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772 II AGENDA TIGARD CITY COUNCIL ADMINISTRATIVE ITEMS FOR REVIEW DE(:,EMBI .1 1, 2U01 The Study Session Is held in the Red Rock Creek Conference Room. Enter at the back of Town Hall. The Council encourages Interested citizens to attend all or part of the meeting. If the number of attendees exceeds the capacity of the Conference Room, the Coundl 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 estate transaction. 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 • City Manager Review • Update on the Street Ma!rtenance Fees Study • Update on Potential New Library Bond Measure > ADMINISTRATIVE ITEMS • Correction to October 9, City Council Minutes (Correct Page 5 to indicate that Richard Kidd is from Forest Grove, not Hillsboro). • Item 3.5 - Beaverton Intergovernmental Agreement has been rescheduled to the December 18, 2001, City Council meeting. Executive Session - The Public Meetings Law authorizes governing bodies to meet in executive session in certain fined as "any meeting or part of d " i " e s executive session limited situations (ORS 192.660). An a meeting of a governing body, which is closed to certain persons for deliberation on certain matters." Permissible Purposes for Executive Sessions: 192.660(l) (a) - Employment of public officers, employees and agents, 192.660(l) (b) - if the body has satisfied certain prerequisites. Discipline of public officers and employees (unless affected person requests 192.660 (1) (c) - to have an open hearing). To consider matters pertaining to medical staff of a public hospital. media can be excluded in this instance.) N 192.660(l) (d) - 192.660(l) (e) - ews Labor negotiations. ( Real property transaction negotiations. records - to consider records that are "exempt by law from bli 192.660(l) (f) - c Exempt pu public Inspection." These records are specifically Identified in the Oregon 192-660(l) (g) - Revised Statutes. Trade negotiations - involving matters of trade or commerce in which the governing body Is competing with other governing bodies. tive session are appropriate for consultation with E 192.660(l) (h) - xecu Legal counsel - counsel concerning legal rights and duties regarding current litigation or 192.660(l) (1) - litigation likely to be filed. To review and evaluate, pursuant to standards, criteria, and policy the governing body, the employment-related d b t d y e op directives a performance of the chief executive officer, a public officer, employee or staff member unless the affected person requests an open hearing. The olicy directives to be used in evaluating chief d i i p a an ter standards, cr 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. - to cant' on negotiations under ORS Chapter 293 with t 192.660 (1) s Public investmen private persons or businesses regarding proposed acquisition, exchange or 192.660 (1) (k)- liquidation of public investments. Relates to health professional regulatory board. Agenda Item No. n Meeting of 12--11-01 CITY OF TIGARD Engineering Department Shaping A Better Community MEMORANDUM CITY OF TIGARD 13125 SW Hall Blvd. Tigard, OR 97223 Phone 503-639-4171 Fax: 503-624-0752 TO: Mayor and City Councilors Bill Monahan, City Manager FROM: Gus Duenas City Engineer DATE: November 30, 2001 SUBJECT: Street Maintenance Fee Study Update Background City Council, through Resolution No. 01-06, formed a Transportation Financing Strategies Task Force to evaluate and recommend to Council feasible alternative funding sources for street maintenance and street expansion needs. The Task Force has evaluated, and will continue to examine, a wide variety of funding sources for both corrective and preventative maintenance of City streets, and expansion of major collectors to accommodate current and future traffic. One funding source that appears feasible and could potentially be a funding source for future street maintenance is a transportation user fee (also called a Street Utility Fee or Street Maintenance Fee). At the City Council meeting on August 28, 2001, the Task Force made its initial report to City Council. The Task Force recommended initiation of a Street Maintenance Fee study to be brought back to Council for discussion and consideration. The Need for Timely Maintenance Much of the street infrastructure in the City is old and was not designed for heavy trucks and buses, which accelerate deterioration and greatly increase maintenance requirements. Pavement condition is typically quantified by the Pavement Condition Index (PCI) which rates the pavement according to the extent and severity of distress types present (cracking, rutting, shoving, etc.). Our Pavement Management System reports a preventative and corrective pavement maintenance backlog of approximately $2 million dollars. About half of this amount is for slurry seals while the remainder is for pavement overlays. Some of the pavement overlays required are on major streets (such as Gaarde Street), which are already scheduled for reconstruction and widening as part of a major street expansion project. However, the streets that require overlays and slurry seals, but are not programmed as part of a major expansion project, will still need this treatment soon. Studies have shown that pavement condition worsens at an increasing rate as the pavement gets older. The reason for this is that deterioration begins mostly at the surface, then progresses down into the underlying layers as surface cracks develop. A typical pavement without rehabilitation will experience a 40% drop in PCI during the first 75% of its life and an additional 40% drop during the following 12% of its life. Restoration of pavement near the end of its service life will typically cost 4 to 5 times more than the rejuvenation performed in a timely manner. The State Gas Tax Dilemma As operating costs rise each year, the amount available from the State Gas Tax (which has not been increased in over a decade) for corrective and preventative maintenance has drastically decreased. In FY 2001-02, the amount available for the Street System Program from the gas tax is $207,000. This is dramatic drop from the $500,000 to $600,000 available just a few years ago. Within a year or two, the State Gas Tax would cease to be a viable source of funding for pavement overlays and slurry seals. The Street Maintenance Fee The Street Maintenance Fee is an alternative source of funds that can be implemented to help protect the City's investment in the street infrastructure. This is a monthly fee based on use of the transportation system, and is typically based on trip generation rates. The fee is charged to each household and business in the City. Other cities in Oregon have successfully implemented this fee and are using the proceeds in their annual street maintenance programs. Status Update: Street Maintenance Fee Study The Street Maintenance Fee study directed by Council is currently ongoing and a draft report should be completed by February 2002. This report will be submitted to the Task Force for review, discussion and comment. The report to Council would be scheduled after the Task Force is satisfied that the report is complete and includes the Task Force comments and recommendations. The elements of the report would include: justification for implementation of the fee, legal authority for implementation, the basis for the charges to be established, the proposed charge to each household and business, the annual amount that would become available from the fee, the work that would be performed from the revenues collected, timing for implementation, and the recommended public process to obtain input from the public prior to adoption of the fee. The Task Force has asked that the study include rights-of-way and sidewalk maintenance itemized as separate elements with charges for those. In addition, streetlight maintenance and power consumption will be included in the study. The study will provide these as separate items with corresponding charges for Council discussion and direction. The elements of the study that are in progress are: a Compilation of the inventory of businesses, multifamily residential structures, and single family residences s Establishment of the general categories under which the various users would be grouped Street Maintenance Fee Update Page 2 of 3 • Documentation of the City's maintenance needs • Determination of the amount sufficient to eliminate the maintenance backlog within a few years and continue an adequate level of maintenance henceforth • Determination of the amounts needed for rights-of-way maintenance, sidewalk maintenance of collector streets Citywide, and streetlight power consumption and maintenance • Calculation of the monthly charges for the categories of users The most time consuming part of the work is the inventory of businesses, multifamily structures, and single family residences within the City. The public outreach to obtain input from businesses and the general public would probably be best formulated in detail after the Task Force has made its recommendations and Council has had the opportunity to discuss the study and provide direction for further action. The Task Force will continue meeting to evaluate other sources of funding. A high priority is determining sources that could be used to provide additional capacity within the existing collector network. Craig Prosser, Finance Director Tom Imdieke, Financial Operations Manager Brian Rager, Development Review Engineer Vannie Nguyen, CIP Division Manager I:\Eng\Gus\Memorandums\Street Maintenance Fee Update 11-29-01.doc Street Maintenance Fee Update Page 3 of 3 kl MEMORANDUM TO: Honorable Mayor and Members of the City Council C: Bill Monahan, City Manager ~J~ FROM: Margaret Barnes, Library Director~~/ RE: Proposed New Library DATE: December 7, 2001 For the past year, the New Library Construction Committee has investigated the need for a new library for the community. The City contracted with BML Architects in early 2000 to conduct a needs analysis, develop a building program and assist with site recommendations. During the past year, the Committee has presented frequent updates and made recommendations to Council on this project. Based on the analysis of current and future needs for library service for Tigard, the Committee has recommended a new two-story library of 47,000 sq. ft. on the recommended site at Hall and O'Mara. The Committee also has developed a total financial package, which includes the estimated cost of the project and potential deductions that could lower the overall amount of this project to be funded through a bond measure. The total project estimate is $13,677,582, of which $8,033,955 is direct construction costs. As you may recall, the City received two generous bequests from the Neva Root and the Grace T. Houghton estates for the new library. These combined bequests plus interest earned equal approximately $1,000,000 and would be used to defray the overall costs of the project. Council action is requested in the following areas: (Relevant information is attached.) • Consider the bond options. Exhibits A & B: Bond options and general obligation bond analysis Exhibit C: Background material for possible deductions that could significantly lower the proposed bond if approved. a Comment on the ballot title. Exhibit D: Draft of Ballot Title • Provide direction on proposed text amendments to the Development Code. Exhibit E: Memo from Jim Hendryx. The New Library Construction Committee will make a formal recommendation to the City Council for the bond measure at the December 18 meeting. Based on the Council's discussion, action will be taken on the bond options and incorporated into the bond title. When direction is provided on the proposed text amendments, staff will proceed. Attachments m x w V+ ~ CL 0 0 d eJl 0 DRAFT C O 0 O p O O O C O O O O O O 0 m 0 0 0 O O In O Lo LO C E O O rn oD 00 1n N N Q ,t - m - N N N N ~ ` 69 ` 69 6 t9 ~ E9 6R ~ C to W (0D 000 r-- Im if t c W OD OO N O W z r_ co Oo 0 M Oo 0H N to C 6 4 6 Q' In U) 04 Lf) 04 r O `p LO Lf) O Lo LO O C *4 fD 0 C W CM r- M In N to ~ to cr to N ~ N 69 (Ak k& V% to 60 16 a N N N Op O O N co N 0 O M ti M M A O O M A A (D M Q) O O M a) to O O LD O 0 v C) O O d: 0 ~ CD n ti to r- co I O N O O N N O M N O U 0) p- fD O (D 66f> co v Uy 699 t N fin, z y M N N N N W V) V) 69 64 69 6r> (D a ~ CO U aa)) C co c C C v U a ~ C cu c (j S 0 o N ~ IL v 'O ~ IL v ~ LL. v v y LL v - n LL v ~ LL v 0 . - o 0 o v i o U o ~ 0 x j c c U c 'o c l c W c ~ co r cc O) Z O N ~j _ CD =3 a' 0 (D a) 7 v v m !F= co W fA O) CA N U U O J N J to CL J U J J N Fp J M LO (0 a 0 EXHIBIT B DRAFT City of Tigard Proposed Library General Obligation Bond Analysis Tax Impact Analysis Summary Assumed Assessed Value of Average Home = $200,000 OPTION 1 OPTION 4 OPTION 5 OPTION 6 1 20 Year Term 15 Year Term 10 Year Term Estimated Project Amount $12,677,582 o Estimated Annual Debt Service $1,070,000 $1,255,000 $1,625,000 °o_ Estimated Interest Rate on Bonds 5.25% 5.00% 4.25% 0 C3 o rt stimated Maximum Tax Rate per $1,000 0.3083 0.3616 0.4682 Estimated Tax impact on Average Home $62 $72 $94 Estimated Total Taxes Paid Over Life of Bonds $861 $834 $795 Estimated Project Amount $12,482,493 o Estimated Annual Debt Service $1,050,000 $1,235,000 $1,600,000 °o_ Estimated Interest Rate on Bonds 5.25% 5.00% 4.25% 0 0 co Estimated Maximum Tax Rate per $1,000 $0.3025 $0.3558 $0.4610 V-► Estimated Tax Impact on Average Home $61 $71 $92 Estimated Total Taxes Paid Over Life of Bonds $845 $821 $783 o Estimated Annual Debt Service $1,030,000 c Estimated Interest Rate on Bonds 5.25% 0 an cm Estimated Maximum Tax Rate per $1,000 $0.2968 Estimated Tax Impact on Average Home $59 Estimated Total Taxes Paid Over Life of Bonds $829 12,282,493 $1,210,000 5.00% $0.3486 $70 $804 $1,570,000 4.25% $0.4524 $90 $768 Estimated Project Amount $11,982,493 o Estimated Annual Debt Service $1,005,000 $1,185,000 $1,530,000 °o_ Estimated Interest Rate on Bonds 5.25% 5.00% 4.25% 0 0 N Estimated Maximum Tax Rate per $1,000 $0.2896 $0.3414 $0.4408 Estimated Tax Impact on Average Home $58 $68 $88 Estimated Total Taxes Paid Over Life of Bonds $809 $787 $748 IWIEMORANDIUM CITY OF TIGARD TO: Margaret Barnes FROM: Sherman Casper DATE: December 6, 2001 SUBJECT: Library Fees A review of potential fee waivers resulted in some revisions to the amounts as listed in "CONCEPT COMPARISON PROJECT BUDGET ESTIMATE". The attached spread sheet Includes up-dated amounts for the following items and information relative to waiver of these fees. Site Fire & Life Safety Review Site Permit Review Fee Site Permits Building Permit" Building Permit Review Fee Building Fire & Life Safety Review Fee Plumbing Permit (Included in Building permit) Mechanical Permit (Included in Building permit) Electrical Permit (Included in Building permit) State Surcharge - 8% combined permit fees If I can be of future assistance please don't hesitate to call. 44 O Z 4.0 c N d ce) O N 0) V Cl O> M O N N (O O r- Q T- M T- N N En P7 1 1 1 1 C = to CD LO C) cq ~ > 0 • 0 L O M r M M ) co U d0 O M ~ E Q c4 E~? 64 O O M E9 r v). O O O O - Ef3 N Ef! 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A ~n x . _ ~n 'cn u= d d v v a E E U U a) CL m 0 ❑ . m m a3) w ° ° ~ ~ Q= ' '5 'S a) 2 a) a) I- a. o- O ~ cn cn a w w cn cn v) m m m ❑ a- 2 w cn co w cc N aD co ti 4] ~ CL N U 2 c = L U > U cn r.. °6 4) Ca E to C-) (D d) 5 O 2) - a) CL OC N W E U N L Ca C U :3 3 a iF 2 E c ooccc0 cn ? to rn cc a) 'o c3.~C7m cco_❑N t a m c No a) ° 0 a) _ U) a) 75 ac•?.~.o E a) = ai ^Xa m E W a -0 co N CD cc O C Q a 0 -0 a) cc ~My~~ M.A ) r N l'7 10 MEMORANDUM CITY OF TIGARD, OREGON DATE: November 19, 2001 TO: Gus Duenas, City Engineer FROM: Brian Rager, Development Review Engineer RE: Library Project: Traffic Impact Fee Credits You asked me to estimate the potential value of Traffic Impact Fee (TIF)-credits the library project might achieve after they complete improvements to both SW Hall Boulevard and SW Wall Street. In order to do this, I reviewed previous projects where a half-street improvement had been constructed on SW Hall Boulevard, in order to make a reasonable comparison to what the library project may experience. The project I chose for comparison was the Applewood Park subdivision To compare to SW Wall Street, I had to.find a project that constructed a collector street from scratch; the project I chose was Quail Hollow - West, where the developer constructed SW Gaarde Street. For SW Hall Boulevard, the Applewood project achieved a TIF credit of approximately 46% of the construction cost of the roadway. Bear in mind, that the construction cost includes such things as underground utilities, sidewalk, streetlights, street trees and retaining walls, none of which are creditable. For SW Gaarde Street, the Quail Hollow-West project achieved a TIF credit of approximately 39% of the construction cost. This makes sense because a large portion of the construction cost of a new street is underground utilities. If we apply the above percentages to the library project, potential TIF credits would be as follows: • SW Hall Boulevard, at 46% of $78,680.00 (estimated costs) = $36,192.00 credit. • SW Wall Street, at 39% of $95,794.00 (estimated costs) = $37,359.00 credit. If you have any other questions, please let me know. 1sbnplbUre4w6SP 48M8Vibrary11119014brwyailyus.doc DRAFT EXI1IBI D Draft - Proposed Ballot Title New Library Construction - May 21, 2002 CAPTION Tigard Public Library General Obligation Bond Authorization QUESTION Shall City issue $12,550,000 of general obligation bonds to finance property acquisition, design, construction and furnishing of new library? If the bonds are approved, they will be payable from taxes on property ownership that are not subject to the limits of sections 11 and 11 b, Article XI of the Oregon Constitution. SUMMARY ~A This measure may be passed only at n election with at least a 50 percent voter turnout. This measure uthorize%the City to sell up to $12,550,000 in general obligation bonds to acquire property, to design, build and furnish a new library, and to provide parking and necessary street improvements for the new library. Bond proceeds would pay incidental costs. Located near SW Hall and O'Mara, the new library would include a community meeting room, more space for books, computer stations, seating, and study areas and better handicapped • u as than the existing library on Hall Boulevard that it would replace. The bons l be repaid over 20 years or less from property taxes. The estimated initial annual property tax rate is $0.29 per thousand and is ted to decrease over the life of the bonds as assessed valu=nd new properties are added to the City. At $0.29 per $1,000, a $200,000 home would pay Xs approximately $60 per year or $5 per month. The City and the Library Foundation plan to seek additional funds from foundation grants and donations to augment the funds raised through this bond measure. Vg's1 CY) M Ck.1 QA J(:D COV nu ( -(D Y) I L%DWATHYIELECTIOMLIBRARY BOND MEASURE DRAFT 12-7-01-ZDOC EXHIBIT E CITY OF TIGARD Community Development Shaping A Better Community TO: City Council FROM: Jim Hendryx //1, DATE: November 28, 2001 SUBJECT: Library Site If there is to be a library built on the proposed Field's property site on Hall Boulevard, there are Development Code issues to consider. First the Code does not permit libraries in the R-12 zone which includes the Field's property. Libraries are listed under the land use class for cultural institutions. Presently, libraries are a conditional use in the R 3.5, 4.5, and 7 zones. They are not permitted in the R-1, 2, 12, 25 and 40 zones. Libraries are a permitted use in all commercial zones and not permitted in industrial zones. To allow the library to be built on the Field's property, it will be necessary to amend the Development Code. Amending the Code requires legislative public hearings by the Planning Commission and City Council with notice to LCDC and Metro. The time frame for code amendments is from three to four months depending on meeting availability. There is an additional 30 day period prior to the ordinance going into effect. To be consistent with other residential zones, an amendment to allow libraries in the R-12 zone should be made a conditional use. If there is no concern about cultural institutions locating in the R-25 and 40 zones, an amendment could include those zones also. Cultural institutions include public or non profit museums and galleries as well as libraries. The Development Code also does not permit the filling of flood plains -in residential zones. This has been a City requirement since the original code was adopted in the early 1980's. This standard has been applied consistently to all development in residential zones over the years. If the City wanted to allow parking in the flood plain, a code amendment would be necessary also. Flood plain restrictions are developed to avoid the costs of damage and emergencies as well as reduce insurance costs. If parking in the flood plain is desired at the Field's site, it should be limited to parking and not building improvements. If this code amendment was implemented, it would obviously apply to all residential properties in the City in the future. Council direction is needed before proceeding with the two code amendments. 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 - December 11, 2001 page 1 AGENDA TIGARD CITY COUNCIL MEETING DECEMBER 11, 2001 6:30 PM STUDY SESSION > CITY MANAGER REVIEW FORMAT > UPDATE ON THE STREET MAINTENANCE FEE STUDY > UPDATE ON POTENTIAL NEW LIBRARY BOND MEASURE 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. 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) e 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 September 25, October 9 and 16, 2001 COUNCIL AGENDA - December 11, 2001 page 2 3.2 Receive and File: a. Council Calendar b. Tentative Agenda 3.3 Approve a Resolution Declaring Tigard's Intent to ]oin the Oregon Public Employees' Retirement System State 8t Local Government Rate Pool - Resolution No. 01- 3.4 Approve a Resolution Authorizing the Mayor to Execute and Endorse an Amendment to the Agreement with the League of Oregon Cities Governing the League Status as a Unit of Local Government - Resolution No. 01- 3.5 Approve an Intergovernmental Agreement with the City of Beaverton for the Construction of a Water System Intertie, and Authorize the City Manager to Sign the Agreement 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. CO ISIDER AN ORDINANCE AMENDING CHAPTER 14.04 OF THE TIGARD MUNICIPAL CODE PERTAINING TO THE BUILDING CODE a. Staff Report: Community Development Staff b. Council Discussion C. Consideration of Ordinance No. 01- 7:55 PM 5. CONSIDER AN ORDINANCE AMENDING CHAPTER 13.09 OF THE TIGARD MUNICIPAL CODE PERTAINING TO REIMBURSEMENT DISTRICTS a. Staff Report: Engineering Staff b. Council Discussion C. Consideration of Ordinance No. 01- 8:05 PM 6. COUNCIL LIAISON REPORTS a. National League of Cities Conference 8:15 PM 7. NON AGENDA ITEMS COUNCIL AGENDA - December 11, 2001 page 3 8:25 PM 8. 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. 8:35 PM 9. ADJOURNMENT \\TI G333\US R\DEPTS\ADMCATHY\CCA\011211. DOC COUNCIL AGENDA -December 11, 2001 page 4 Agenda Item No. 9. / Meeting of 2-2C~-02 • STUDY SESSION MINUTES TIGARD CITY COUNCIL MEETING DECEMBER 11, 2001 Mayor Griffith opened the meeting at 6:30 p.m. Council Present: Mayor Griffith, Councilors Moore, Patton, and Scheckla (arrived at 6:36 p.m.). > CITY MANAGER REVIEW FORMAT City Manager Monahan referred to information that had been previously distributed to the City Council regarding the City Manager's review next May. The Council will discuss this further at its goal-setting meeting of January 14. Note: Councilor Scheckla arrived at 6:36 p.m. > UPDATE ON THE STREET MAINTENANCE FEE STUDY A memorandum was distributed to the City Council from City Engineer Gus Duenas with regard to an update on the street maintenance fee study. A draft study will be delivered to the Transportation Financing Strategies Task Force in February with a report to the City Council in March. > UPDATE ON POTENTIAL NEW LIBRARY BOND MEASURE City Manager Monahan noted that the next steps call for a meeting with property owners adjacent to the proposed library site. Additional information will be available for the City Council next week. General discussion will be needed with regard to property value. EXECUTIVE SESSION: p.m. under 192.660 1 and pending litigation. The Tigard City Council went into Executive Session at 6:50 (e) and (h) to discuss real property transaction negotiations Executive Session Adjourned: 7:20 p.m. CITY COUNCIL MINUTES- December 11, 2001 page 1 > CONTINUED DISCUSSION ON NEW LIBRARY BOND MEASURE Council discussed the amount $12.5 - 13 million that would be cited within the ballot measure for general obligation bonds. This amount of funding would provided sufficient means to carry out plans for the proposed new library in the "mid-range." The amount proposed for the ballot measure would not be the full cost for the library building, improvements, site development and acquisition. Already "in hand" is $1 million from bequests. In addition there are funds available in a general fund public facilities account. Council will be asked to give direction next week on the general fund dollars that have been set aside. There was brief discussion on elements of the proposed ballot measure, including the funding amount that would be requested. It is anticipated the ballot title will be for a "not-to-exceed $13 million" amount for a 20-year term. Study Session adjourned at 7:35 p.m. 1. BUSINESS MEETING 1.1 Call to Order - City Council 8T Local Contract Review Board Mayor Griffith called the meeting to order at 7:38 p.m. 1.2 Roll Call: Mayor Griffith, Councilors, Moore, Patton, and Scheckla. 1.3 Pledge of Allegiance 1.4 Council Communications 81 Liaison Reports: None 1.5 Call to Council and Staff for Non-Agenda Items: It was noted that Consent Agenda Item No. 3.5, Beaverton Intergovernmental Agreement, was rescheduled to December 18, 2001. City Manager Monahan reminded Council that the December 18 meeting would be a reguiar business meeting; however, the cable television coverage would not be live (replays only). 2. VISITOR'S AGENDA ® Tigard High School Studer!t Envoy Nathan Leamy presented a brief presentation to the City Council regarding activities of Tigard High Leadership. An outline of events was distributed to the City Council. CITY COUNCIL MINUTES- December 11, 2001 pace 2 ® Mr. Jack Polans, 16000 SW Queen Victoria Place, King City, Oregon 97224, distributed several items to the City Council. These items included the following: A letter from Mr. Polaris dated December 4, 2001 An article regarding "]!had in America." A letter from Mr. Polans dated December 11, 2001 All the above items are on file in the City Recorder's office. Mr. Polaris commented that he did not think the Police Department should receive fees for burglar alarm permits. 3. CONSENT AGENDA: Motion by Councilor by Councilor Scheckla, seconded by Councilor Patton to approve the Consent Agenda, with Item 3.5 removed. 3.1 Approve Council Minutes for September 25, October 9 and 16, 2001 3.2 Receive and File: a. Council Calendar b. Tentative Agenda 3.3 Approve a Resolution Declaring Tigard's Intent to join the Oregon Public Employees' Retirement System State U Local Government Rate Pool - Resolution No. 01- 72 3.4 Approve a Resolution Authorizing the Mayor to Execute and Endorse an Amendment to the Agreement with the League of Oregon Cities Governing the League Status as a Unit of Local Government - Resolution No. 01- 73 3T.5 Approve W " t tal Agreement • ith the City ofBeavnrte feF the 'GensCI"Ralen"of-iTYYateF SySt-M Iwt.,..tl., and A utl ei:ize t4.., f l ManageF t-9 Sign the AgFeement-Set over to the December 18, 2001 meeting. The Consent Agenda was approved by a unanimous vote of Council present: Mayor Griffith - Yes Councilor Moore - Yes Councilor Patton - Yes Councilor Scheckla - Yes CITY COUNCIL MINUTES- December 11, 2001 page 3 4. CONSIDER AN ORDINANCE AMENDING CHAPTER 14.04 OF THE TIGARD MUNICIPAL CODE PERTAINING TO THE BUILDING CODE Building Official Gary Lampella presented a summary of the staff report. The staff report is on file in the City Recorder's office. Mr. Lampella advised that the proposed ordinance would renumber sections of the Tigard Municipal Code to reflect renumbering of various Oregon Revised Statutes and Oregon Administrative Rules. Other amendments proposed in the ordinance were the result of past Building Code changes and unnecessary language in the Tigard Municipal Code. Motion by Councilor Patton, seconded by Councilor Scheckla, to adopt Ordinance No. 01-25. ORDINANCE NO. 01-25 - AN ORDINANCE AMENDING CHAPTER 14.04 OF THE TIGARD MUNICIPAL CODE. The motion was approved by a unanimous vote of Council present: Mayor Griffith - Yes Councilor Moore - Yes Councilor Patton - Yes Councilor Scheckla - Yes 5. CONSIDER AN ORDINANCE AMENDING CHAPTER 13.09 OF THE TIGARD MUNICIPAL CODE PERTAINING TO REIMBURSEMENT DISTRICTS Project Engineer Greg Berry summarized the staff report. The staff report is on file in the City Recorder's office. The proposed ordinance offers language to clarify that a reimbursement fee is not a systems development charge. Motion by Councilor Patton, seconded by Councilor Scheckla, to adopt Ordinance No. 01-26. ORDINANCE NO 01-26 - AN ORDINANCE AMENDING CHAPTER 13.09, REIMBURSEMENT DISTRICTS, OF THE TIGARD MUNICIPAL CODE. The motion was approved by a unanimous vote of Council present: Mayor Griffith - Yes Councilor Moore - Yes Councilor Patton - Yes Councilor Scheckla - Yes CITY COUNCIL MINUTES- December 11, 2001 page 4 6. COUNCIL LIAISON REPORTS a. National League of Cities Conference There was brief discussion by the Council members on the National League of Cities Conference the Mayor and Councilors Dirksen, Patton, and Scheckla, attended earlier this month. Mayor Griffith referred to a session he attended on leadership and noted that he discovered, during discussion on "visioning," that the City of Tigard is "head and shoulders" above.many of the other cities in setting a vision for the community. Councilor Patton noted several items she found of Interest during the conference that will be helpful during the goal- setting discussion. Councilor Scheckla referred to a youth session he attended, which offered some ideas for after-school programming. 7. 8. 9. NON AGENDA ITEMS: None EXECUTIVE SESSION: None ADJOURNMENT: 8:07 p.m. Attest: ayo a r ate: I:\ADM\CATHYICCWA011211.D0C Catherine Wheatley, City Recorde CITY COUNCIL MINUTES- December 11, 2001 page 5 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 ands : That I posted in the following public and conspicuous places, a copy of Ordinance Number (s) i O ` -QAfi which were adopted at the Council Meeting dated copy(s) of said ordinance(s) being hereto attached and by reference made a part hereof, on the _ ea day of U 9. , 20M 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 "day of 1l~o h,r 20 01_. Subscribed and sworn to before me this o?42 Gzkj",- OFFICIAL SEAL Notary Public for Oregon D L WISE NOTMY ISSlor~a NO. 320M My Commission Expires: ~ : ~ MY COMMISSION EXPIRES FEB. 11, 2003 CITY OF TIGARD, OREGON ORDINANCE NO. 01-'Q5 AN ORDINANCE AMENDING CHAPTER 14.04 OF THE TIGARD MUNICIPAL CODE WHEREAS, VARIOUS OREGON REVISED STATUTES AND OREGON ADMINISTRATIVE RULES HAVE BEEN AMENDED AND RE-NUMBERED, AND; WHEREAS, SECTION 14.04.030 (A) (4) AND (5) OF THE TMC HAVE BEEN DELETED DUE TO THE ADOPTION OF HAZARDOUS PROCESS PIPING IN THE MECHANICAL CODE BY THE STATE OF OREGON, AND; WHEREAS, SECTION 14.04.030 (B) HAS BEEN AMENDED TO OMIT THE REQUIREMENT FOR THE CITY RECORDER TO MAINTAIN COPIES OF ALL THE STATE ADOPTED SPECIALTY CODES, AND; WHEREAS, SECTION 14.04.060 OF THE TMC IS BEING DELETED IN ITS ENTIRETY. NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: CHAPTER 14.04 BUILDING CODE OF THE TMC IS BEING AMENDED AS SHOWN ON EXHIBIT A. SECTION : 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 u r10 ,J1 i MD L5 vote of all Council members present after being read by number and title only, this)/-"-' day of :#DPcevn12eti , 2001. k Catherine Wheatley, Cit Record APPROVED: By Tigard City Council this day of e embLw , 2001. wa, J es E. Griffith, r ORDINANCE No. 01-Z6 Page 1 Date TIGARD MUNICIPAL CODE Strikeeuts are deleted language and bold underline is new language. Chapter 14.04 BUILDING CODE Sections: 14.04.010 Title. 14.04.020 Definitions. 14.04.030 State codes adopted. 14.04.040 Administration. 14.04.050 Uniform Building Code- Appendix 11 adopted-- Agricultural buildings. (Repealed by Ord. 96-10). 14.04.60 Structural Specialty Code- Section 308 amended- Occupancy. (Repealed by Ord. 01- 14.04.065 Electrical Program Administration. 14.04.070 Occupancy restriction recordation. 14.04.090 Violation--Penalty--Remedies. 14.04.010 Title. This chapter shall be known as the building code ordinance and may also be referred to as "this chapter," or the "building code." (Ord. 86-53 §2(Exhibit A § 1), 1986) 14.04.020 Definitions. For the purpose of Sections 14.04.010 through 14.04.090, the following terns shall mean: (1) Building Official. "Building official" means the designee or designees appointed by the director of community development who is responsible for building inspections and enforcement of the building code. (2) State Building Code. "State 14-04-1 EXFaBIT j OR D771v q NCB ot.a5 building code" means the combined specialty codes as listed in Section 14.04.030. (Ord. 86-53 §2(Exhibit A §2), 1986) 14.04.030 State codes adopted. (a) Except as otherwise provided in this chapter, the following codes, standards and rules are adopted and shall be in force and effect as part of this municipal code: (l) Under the authority of ORS ^-;.153 ORS 455.150 (effective 9/5/95), Tigard administers those specialty codes and building requirements adopted by the state which Tigard is granted authority to administer, including: the Structural, Mechanical, Plumbing, Electrical and One and Two Family Dwelling Specialty Codes; mobile or manufactured dwelling parks requirements; temporary parks requirements; manufactured dwelling installation, support and tiedown requirements and park or camp requirements (as listed in ORS 455.153). (2) Appendix Chapter A33 of the 1997 Uniform Building Code, as published by the International Conference of Building Officials, regarding Excavation and Grading, including the recognized standards for Appendix Chapter 33 listed in Part IV of Chapter 35 of the 1997 Uniform Building Code; (3) Section 104.2.6 of the 1997 Uniform Building Code, as published by the International Conference of Building Officials, regarding Liability; 4 A dix Cha teF 14 of ( t 1994 1 T • f - pp - 1\A h p en Y ublished 1 Cede by--th,oInter„Rt ienal Con , p ferenceef Buildi g ' ' c 3& T ~d-in rrrvma~-lE itle 111, 14-.040,0 , paragraph (a), su bparagraph (5); Code Update: 03199 TIGARD MUNICIPAL CODE as - i h C d mblished by --the i e, e en Mee e _F f 1 i - ° ildi ff' Offie4al& C Fnafi- rn , (b) At least one copy of each of these specialty codes shall kept by the building official the eity-r-eeeF and the Tigard Public Library, and shall be available for inspection upon request. (Ord. 99-04; Ord. 96-10; Ord. 93-04 §1, 1993: Ord. 90-14 §1, 1990). 14.04.040 Administration. (a) The city shall provide a program of building code administration, including plan review, permit issuing and inspection for structural, electrical, mechanical and plumbing work. The program shall be administered by the building official, under the supervision of the community development director. The program shall operate pursuant to the state specialty codes listed in Section 14.04.030 and the remainder of this chapter. (b) Administration and enforcement of Appendix Chapter 33, Excavation and Grading, as adopted by Section 14.04.030 (a) (2), shall be by the building official and city engineer. Where the term Building Official" is used in Appendix Chapter 33, it shall mean either the building official or city engineer. (c) Fees for permits and other related services pursuant to the building code administration program shall be established by resolution of the City Council. (Ord. 99-08; Ord. 96-10; Ord. 95-16; Ord. 93-04 §2, 1993: Ord. 86- 53 §2(Exhibit A §4),1986). 14.04.050 Uniform Building Code- Appendix 11 adopted-- Agricultural buildings. (Repealed by Ord. 96-10). "EXCEPTION: Greup R, Di v is n 3 T-he- remainder of Seetien 109.1 is 1993 , adopted in ffill. (Ord..-96 10; Ord. 93 04 § 14.04.065 Electrical Program Administration. (a) Permit Required - Except as permitted by OAR 918 260 190(9 OAR 918- 261-0000 through 0035 - electrical work exempt from permit, subsection (o) of this section for minor installations, subsection (p) of this section for temporary electrical permits and subsection (q) of this section for industrial plant electrical permits, no electrical work shall be performed unless a separate electrical permit for each separate building or structure has first been obtained from the building official. (b) Expiration of Permits - Permits shall expire pursuant to OAR 918 260 270(9) OAR 918-309-0000 (6). (c) Validity of Permit - The issuance of a permit or approval of plans, specifications and computations shall not be construed to be a permit for, or an approval of, any violation of any of the provisions of this code or of other ordinances of the jurisdiction. Permits presuming 14-04-2 Code Update: 03199 ,r TIGARD MUNICIPAL CODE to give authority to violate or cancel the City Council. provisions of this code or of other ordinances of (h) Investigation Fees: Work without the jurisdiction shall not be valid. a Permit. The issuance of a permit based upon plans, specifications, computations and other data shall not prevent the building official from thereafter requiring the correction of errors in said plans, specifications, and other data or from preventing building operations being carried on thereunder when in violation of this code or of other ordinances of this jurisdiction. (d) Revocation of Permits - The building official may, in writing, suspend or revoke a permit issued under the provisions of this chapter whenever the permit is issued in error or on the basis of incorrect information supplied or in violation of other ordinances or regulation of the jurisdiction. 1. Investigation. Whenever any work for which a permit is required by this code has been commenced without first obtaining said permit, a special investigation shall be made before a permit may be issued for such work. 2. Fee. An investigation fee, in addition to the permit fee, shall be collected whether or not a permit is then or subsequently issued. The investigation fee shall be equal to the amount of the permit fee that would be required by this code if a permit were to be issued. The payment of such investigation fee shall not exempt any person from compliance with all other provisions of this code nor from any penalty prescribed by law. (e) Plan Review Requirements - Electrical plan reviews shall be required. Plan review requirements and procedures shall be as stipulated in OAR 918-311-0000 through 0060. (f) Expiration of Plan Review - Applications for which no permit is issued within 180 days following the date of application shall expire by limitation, and plans and other data submitted for review may thereafter be returned to the applicant or destroyed by the building official. The building official may extend the time for action by the applicant for a period not exceeding 180 days upon request by the applicant showing that circumstances beyond the control of the applicant have prevented action from being taken. No application shall be extended more than once. In order to renew action on an application after expiration, the applicant shall resubmit plans and pay a new plan review fee. (g) Permit Fees - Fees for electrical permits shall be established by resolution of the (i) Fee Refunds. 1. The building official may autherized authorize the refunding of any fee paid hereunder which was erroneously paid or collected. 2. The building official may authorize refunding of not more that 80 percent of the permit fee paid when no work has been done under a permit issued in accordance with this code. 3. The building official may authorize refunding of not more than 80 percent of the plan review fee paid when an application for a permit for which a plan review fee has been paid is withdrawn or canceled before any plan review effort has been expended. The building official shall not authgrize refunding of any fee paid except upon written application filed by the original permittee 14-04-3 Code Update: 03199 11• TIGARD MUNICIPAL CODE not later than 180 days after the date of fee payment. 0) Right of Entry. When it is necessary to make an inspection to enforce the provisions of this section or when the building official has reasonable cause to believe that there exists in a building or upon a premises a condition which is contrary to or in violation of this section which makes the building or premises unsafe, dangerous or hazardous, the building official may enter the building or premises at reasonable times to inspect or to perform the duties imposed by this section provided that if such building or premises be occupied that credentials be presented to the occupant and entry requested. If such building or premises be unoccupied, the building official shall first make a reasonable effort to locate the owner or other person having charge or control of the building or premises and request entry. If entry is refused, the building official shall have recourse to the remedies provided by law to secure entry. (k) Corrections and Stop Orders. When any work is being done contrary to the provisions of this section, the building official may order the work corrected or stopped by notice in writing served on any persons engaged in the doing or causing such work to be done, and such persons shall forthwith make the necessary corrections or stop work until authorized by the building official to proceed with the work. (1) Authority to Disconnect Utilities in Emergencies. The building official or the building official's authorized representative shall have the authority to disconnect electrical service to a building, structure, premises or equipment regulated by this section in case of emergency where necessary to eliminate an immediate hazard to life or property. The building official shall, whenever possible, notify the serving utility, the owner and occupant of the building, structure or premises of the decision to disconnect prior to taking such action, and shall notify such serving utility, owner and occupant of the building, structure or premises in writing of such disconnection immediately thereafter. (m) Authority to Condemn Equipment. When the building official ascertains that any equipment, or portion thereof, regulated by this section has become hazardous to life, health or property, the building official shall order in writing that the equipment either be removed or restored to a safe or sanitary condition, as appropriate. The written notice shall contain a fixed time limit for compliance with such order. Persons shall not use or maintain defective equipment after receiving a notice. When equipment or an installation is to be disconnected, written notice of the disconnection and causes therefor shall be given within 24 hours to the serving utility, the owner and occupant of the building, structure or premises. When any equipment is maintained in violation of this section, and in violation of a notice issued pursuant to the provisions of this section, the building official shall institute an appropriate action to prevent, restrain, correct or abate the violation. (n) Connection after Order to Disconnect. Persons shall not make connections from an electrical service nor supply electrical power to any equipment regulated by this section which has been disconnected or ordered to be disconnected by the building official or the use of which has been ordered to be discontinued by the building official until the proper permits have been obtained, inspections approved, and the building official authorizes the reconnection and use of such equipment. (o) Minor Installation Labels - Rules for the use, issuance, and inspection of minor installation labels shall be as stipulated in OA 918 3 10 010 thFeugh 080 OAR 918-050-0500 through 0520. 14-04-4 Code Update: 03199 f TIGARD MUNICIPAL CODE (p) Temporary Electrical Permits - Rules for the use of temporary electrical permits shall be as stipulated in OAR 918 260 265 OAR 918-309-0080. (q) Industrial Plant Electrical Permits and Inspection -Rules for the use of industrial plant electrical permits and inspections shall be as stipulated in OAR 918 260 35 OAR 918-309- 0100. (Ord. 95-16) 14.04.070 Occupancy restriction recordation. An applicant for a building permit for new construction, as a condition for the issuance of the permit, may be required to execute, notarize and deliver to the city a recordable occupancy restriction in the form of Exhibit A-1, attached to the ordinance codified in this chapter. This requirement shall be at the discretion of the building official and the community development director. Upon receipt of the occupancy restriction, the building official shall record it in the deed records of Washington County. The recording fees shall be charged to the applicant. When the conditions in the occupancy restriction have been satisfied, the restriction shall be released and the occupancy certificate shall be issued. (Ord. 86-53 §2(Exhibit A §7), 1986). 14.04.090 Violation--Penalty-Remedies. (a) No person shall erect, construct, enlarge, alter, repair, move, improve, remove, convert, demolish, equip, occupy or maintain a building or structure in the city, or cause the same to be done contrary to or in violation of this chapter. cause the same to be done contrary to or in violation to this chapter. (c) No person shall install, alter, replace, improve, convert, equip or maintain any plumbing or drainage piping work or any fixture or water heating or treating equipment in the city, or cause the same to be done contrary to or in violation of this chapter. (d) No person shall install, alter, replace, improve, convert, equip or maintain any electrical equipment or system in the city, or cause the same to be done contrary to or in violation of this chapter. (e) Violation of a provision of this chapter constitutes a Class I civil infraction and shall be processed in accordance with the procedures set forth in the civil infractions ordinance, codified in Chapter 1.16 of this code. (f) Each day that a violation of provision of this chapter exists constitutes separate violation. (g) Notwithstanding the other remedies in this chapter, if the building official determines that any building under construction, mechanical work, electrical work, or plumbing work on any building or any structure poses an immediate threat to the public health, safety or welfare, he may order the work halted and the building or structure vacated pending further action by the city and its legal counsel. (h) The penalties and remedies provided in this section are not exclusive and are in addition to other penalties and remedies available under city ordinance or state statute. (Ord. 95-16; 90-08 §4, 1990). (b) No person shall install, alter, replace, improve, convert, equip or maintain any mechanical equipment or system in the city, or 14-04-5 Code Update: 03199 CITY OF TIGARD, OREGON ORDINANCE NO.O1- )b AN ORDINANCE AMENDING CHAPTER 13.09, REIMBURSEMENT DISTRICTS, OF THE TIGARD MUNICIPAL CODE. WHEREAS, the City Council finds that Chapter 13.09 of the Tigard Municipal Code should be updated; NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: Paragraph 13.09.120 (3) is amended to read as follows: (3) to, other- e~dsfing fees or- ehar-ges eelleeted by the City. The reimbursement fee is in lieu of a local improvement district charge for the improvements installed pursuant to the reimbursement district agreement. The reimbursement fee is not intended to replace or limit any other fee or charge collected by the city. 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 VIa 13h vote of all Council members present after being read by number and title only, this ~i1_ day of ,b'C9M 12t/k-, , 2001. Ca herine Wheatley, City Recorder r -t-ci► APPROVED: By Tigard City Council this ! day of DQ. Quern , , 2001. 1 jes Xh,Wapbf E. Gri O RDINANCE No. 01- aU Page 1 Date I:tdtywide%G.'-1siom to tine 13.09. 120 (3).doe Agenda Item No.: Study Session Meeting of: December 11, 2001 Packet Materials for UPDATE ON POTENTIAL NEW LIBRARY BOND MEASURE will be available on Friday, December 7, 2001 Contact the City Recorder's Office at 503-639-4171 for more information MEMORANDUM TO: Honorable Mayor and Members of the City Council C: Bill Monahan, City Manager FROM: Margaret Barnes, Library Director *-e RE: Proposed New Library DATE: December 7, 2001 32S uuworx For the past year, the New Library Construction Committee has investigated the need for a new library for the community. The City contracted with BML Architects in early 2000 to conduct a needs analysis, develop a building program and assist with site recommendations. During the past year, the Committee has presented frequent updates and made recommendations to Council on this project. Based on the analysis of current and future needs for library service for Tigard, the Committee has recommended a new two-story library of 47,000 sq. ft. on the recommended site at Hall and O'Mara. The Committee also has developed a total financial package, which includes the estimated cost of the project and potential deductions that could lower the overall amount of this project to be funded through a bond measure. The total project estimate is $13,677,582, of which $8,033,955 is direct construction costs. As you may recall, the City received two generous bequests from the Neva Root and the Grace T. Houghton estates for the new library. These combined bequests plus interest earned equal approximately $1,000,000 and would be used to defray the overall costs of the project. Council action is requested in the following areas: (Relevant information is attached.) Consider the bond options. Exhibits A & B: Bond options and general obligation bond analysis Exhibit C: Background material for possible deductions that could significantly lower the proposed bond if approved. Comment on the ballot title. Exhibit D: Draft of Ballot Title Provide direction on proposed text amendments to the Development Code. Exhibit E: Memo from Jim Hendryx. The New Library Construction Committee will make a formal recommendation to the City Council for the bond measure at the December 18 meeting. Based on the Council's discussion, action will be taken on the bond options and incorporated into the bond title. When direction is provided on the proposed text amendments, staff will proceed. Attachments m X W c O V sum~ V/ 0 W el Q LU DRAFT "0 C) C3 0 C) 0 CD (D Cl 0 CD 0 0 C 0 0 _ 0 _ O O m o ° O 0 0 ° o Co n o tn O O E O O O 00 CO t0 N O B st m N N N N N d~? 64 69 69 69 64 69 C too Coo 0 CD LO t Ln vi co co CV w w C 0 Ob 06 6 M 06 ~ h V> r 60 r` ~ +y+ N N r O O O O to O Lo U O N t o to co ti 0 C m C14 LO N U GO LO 64 It 60 N 64 m C 6 9 W 7 N N N co O Cl N 00 N Ln O m r- m M O O O M CT O O M 07 O O M O 0 t[? O uj CO O 1n Iq O V O v O 'IT v 0 m V r` ti O O ti r` cr1 t• v O cl O co Oo r- 4 N co O O N N co O O M N ao G p to O (o Efl to v CO 6 v ~f N ) d w cli r N N N N N v r' U) ca 69 r to r 69 r r r r to C) a) a) w 0 CD c c ~ ~ c c c c y c c L) c G co .9 o c a) 0) CD 0 y a U a) .n v a) m o aD o CD g Q o o 6 0 = LL j W = U j U j C O O U O y > O O O N O O O co a E (n C Q co LL E v (n O J y N y a U J J N y y 6 J N C Q A ' ~D ♦ (A 0 EXHIBIT B City of Tigard RAFT Proposed Library General Obligation Bond Analysis Tax Impact Analysis Summary Assumed Assessed Value of Average Home = $200,000 OPTION 1 OPTION 4 OPTION 5 OPTION 6 20 Year Term 15 Year Term 10 Year Term Estimated Project Amount $12,677,582 o Estimated Annual Debt Service $1,070,000 $1,255,000 $1,625,000 C3 Estimated Interest Rate on Bonds 5.25% 5.00% 4.25% 0 0 c Estimated Maximum Tax Rate per $1,000 $0.3083 $0.3616 $0.4682 W.► Estimated Tax Impact on Average Home $62 $72 $94 Estimated Total Taxes Paid Over Life of Bonds $861 $834 $795 Estimated Project Amount $12,482,493 o Estimated Annual Debt Service $1,050,000 $1,235,000 $1,600,000 00. Estimated Interest Rate on Bonds 5.25% 5.00% 4.25% 9 a Estimated Maximum Tax Rate per $1,000 $0.3025 $0.3558 $0.4610 Estimated Tax Impact on Average Home $61 $71 $92 Estimated Total Taxes Paid Over Life of Bonds $845 $821 $783 Estimated Project Amount $12,282,493 o Estimated Annual Debt Service $1,030,000 $1,210,000 $1,570,000 o Estimated Interest Rate on Bonds 5.25% 5.00% 4.25% 0 LO r Estimated Maximum Tax Rate per $1,000 $0.2968 $0.3486 $0.4524 Estimated Tax Impact on Average Home $59 $70 $90 Estimated Total Taxes Paid Over Life of Bonds $829 $804 $768 Estimated Project Amount $11,982,493 o Estimated Annual Debt Service $1,005,000 $1,185,000 $1,530,000 °o_ Estimated Interest Rate on Bonds 5.25% 5.00% 4.25% 0 LO a Estimated Maximum Tax Rate per $1,000 $0.2896 $0.3414 $0.4408 Estimated Tax Impact on Average Home $58 $68 $88 Estimated Total Taxes Paid Over Life of Bonds $809 $787 $748 EXHIBIT C CITY OF TIGAIRD Community Development ShapingA Boner Community MEMORANDUM CITY OF TIGARD TO: Margaret Barnes FROM: Sherman Casper 6jp- DATE: December 6, 2001 SUBJECT: Library Fees A review of potential fee waivers resulted in some revisions to the amounts as listed in "CONCEPT COMPARISON PROJECT BUDGET ESTIMATE". The attached spread sheet Includes up-dated arnounts for the following items and information relative to waiver of these fees. Site Fire & Life Safety Review Site Permit Review Fee Site Permits Building Permit4 Building Permit Review Fee Building Fire & Life Safety Review Fee Plumbing Permit (Included in Building permit) Mechanical Permit (Included in Building permit) Electrical Permit (Included in Building permit) State Surcharge - 8% combined permit fees If I can be of future assistance please don't hesitate to call. .0 O O O C m U T O L N t s 3 C m LN cu d) rn O Q _T O 12 O C 0 m O n m Mn m C O 0 CD J-- F- O 0 z .a C cce) O O O N N O O O O> E O N C II T-- N Q M V- N 1 1 1 1 VD? r C > O 0 O y e V M r ~ LO co C 0 E ~Q 0 N In cp V-> C> O O co 6c} I. 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(D E -J .C- m c Q O co v o -a (n c L co .r .r > c E 3 X-0 a) W C -o O a) E C E C N O Q O X C O o a) co N CU m co MEMORANDUM CITY OF TIGARD, OREGON DATE: November 19, 2001 TO: Gus Duenas, City Engineer FROM: Brian Rager, Development Review Engineer RE: Library Project: Traffic Impact Fee Credits You asked me to estimate the potential value of Traffic Impact Fee (TIF)-credits the library project might achieve after they complete improvements to both SW Hall Boulevard and SW Wall Street. In order to do this, I reviewed previous projects where a half-street improvement had been constructed on SW Hall Boulevard, in order to make a reasonable comparison to what the library project may experience. The project I chose for comparison was the Applewood Park subdivision To compare to SW Wall Street, I had to.find a project that constructed a collector street from scratch; the project I chose was Quail Hollow - West, where the developer constructed SW Gaarde Street. For SW Hall Boulevard, the Applewood project achieved a TIF credit of approximately 46% of the construction cost of the roadway. Bear in mind, that the construction cost includes such things as underground utilities, sidewalk, streetlights, street trees and retaining walls, none of which are creditable. For SW Gaarde Street, the Quail Hollow-West project achieved a TIF credit of approximately 39% of the construction cost. This makes sense because a large portion of the construction cost of a new street is underground utilities. If we apply the above percentages to the library project, potential TIF credits would be as follows: • SW Hall Boulevard, at 46% of $78,680.00 (estimated costs) = $36,192.00 credit. • SW Wall Street, at 39% of $95,794.00 (estimated costs) = $37,359.00 credit. If you have any other questions, please let me know. isbnpVxianM1cwespandenc@Mibrary%1I i9014ibr8ry4ifyus.d0c DKNO&'AFT EXHIBIT D Draft - Proposed Ballot Title New Library Construction - May 21, 2002 CAPTION Tigard Public Library General Obligation Bond Authorization QUESTION Shall City issue $12,550,000 of general obligation bonds to finance property acquisition, design, construction and furnishing of new library? If the bonds are approved, they will be payable from taxes on property ownership that are not subject to the limits of sections 11 and 11 b, Article XI of the Oregon Constitution. SUMMARY This measure may be passed only at an election with at least a 50 percent voter turnout. This measure authorizes the City to sell up to $12,550,000 in general obligation bonds to acquire property, to design, build and furnish a new library, and to provide parking and necessary street improvements for the new library. Bond proceeds would pay incidental costs. Located near SW Hall and O'Mara, the new library would include a community meeting room, more space for books, computer stations, seating, and study areas and better handicapped access than the existing library on Hall Boulevard that it would replace. The bonds will be repaid over 20 years or less from property taxes. The estimated initial annual property tax rate is $0.29 per thousand and is expected to decrease over the life of the bonds as assessed values ride and new properties are added to the City. At $0.29 per $1,000, a $200,000 home would pay less approximately $60 per year or $5 per month. The City and the Library Foundation plan to seek additional funds from foundation grants and donations to augment the funds raised through this bond measure. VQfSi tO M CIA. \ QA tD C DUYA6 ( -bn I D I I:\ADM\CATHY\ELECTION\LIBRARY BOND MEASURE DRAFT 12-7-01-2.DOC EXHIBIT E CITY OF TIGARD community Development Shaping A Better community TO: City Council FROM: Jim Hendryx /U~ DATE: November 28, 2001 SUBJECT: Library Site If there is to be a library built on the proposed Field's property site on Hall Boulevard, there are Development Code issues to consider. First the Code does not permit libraries in the R-12 zone which includes the Field's property. Libraries are listed under the land use class for cultural institutions. Presently, libraries are a conditional use in the R 3.5, 4.5, and 7 zones. They are not permitted in the R-1, 2, 12, 25 and 40 zones. Libraries are a permitted use in all commercial zones and not permitted in industrial zones. To allow the library to be built on the Field's property, it will be necessary to amend the Development Code. Amending the Code requires legislative public hearings by the Planning Commission and City Council with notice to LCDC and Metro. The time frame for code amendments is from three to four months depending on meeting availability. There is an additional 30 day period prior to the ordinance going into effect. To be consistent with other residential zones, an amendment to allow libraries in the R-12 zone should be made a conditional use. If there is no concern about cultural institutions locating in the R-25 and 40 zones, an amendment could include those zones also. Cultural institutions include public or non profit museums and galleries as well as libraries. The Development Code also does not permit the filling of flood plains in residential zones. This has been a City requirement since the original code was adopted in the early 1980's. This standard has been applied consistently to all development in residential zones over the years. If the City wanted to allow parking in the flood plain, a code amendment would be necessary also. Flood plain restrictions are developed to avoid the costs of damage and emergencies as well as reduce insurance costs. If parking in the flood plain is desired at the Field's site, it should be limited to parking and not building improvements. If this code amendment was implemented, it would obviously apply to all residential properties in the City in the future. Council direction is needed before proceeding with the two code amendments. 9000 SW Durham Road - Tigard - Oregon - 97224 (503) 431-5518 - FAX (503) 431-5410 - http://ths.ttsd.kl2.or.us/leadership/home.html thsorezAhotmai1.com ® NOVEMBER 26TH- DECEMBER 21sT. THESPIAN TREE LOT ® DECEMBER 13TH: TEACHER-STUDENT FORUM • DECEMBER 14TH: "I SCROOGE AND MARLEY v A CHRISTMAS CAROL s DECEMBER 1 STH: SCROOGE AND MARLEY - A CHRISTMAS CAROL 0 DECEMBER 1 STH: HOLIDAY CHOIR CONCERT • DECEMBER 22HD - JANUARY 6TH: WINTER BREAK • JANUARY 7TH - JANUARY 1 1TH: HUMAN RIGHTS WEEK O JANUARY 1 1 TH HUMAN RIGHTS MIXER "Together we can succeed... by connecting the dots. " THS Leadership '01-'02 Mission Statement V►s-6rs Aructo yPc °PM b2R `~j t v~ 9 7c Z4.,' - 722 3 y As Fo ~~_.Su_~_secTo►~! ll~o~. f~'S(b~ s~ok NnT ee Cl cler-j 145 - TRbQe~,4e ,eT IN60Ry6)('10 AI ofy - rM~ Q,eR JP ~~y~e -3~--O`Q--!'?/~_a .{polr'cPPpirieM~~l-ma's-~.yR.S_~~v~~ .101`~1~ ~~zP^~5~..~lo~c.Pi~P!? - _l (_~1.l io_N_il L bA 40, _c i►t_C~ 2 J4~ _o~i41 _ ---f/%!>z .._(ou wei L - rtTc~nl S rev F~Tw~~[/~/ 14 y°N~?,4'ni L 1 fifi SAE Productions, Inc. Air Date: September 21, 1994 Twb -J::V 1a1 Jihad in America ANTHONY RICHARDS: We were on top of the roof. Out in the open. Snow falling. Cold- you were very cold. GLEN GANEY: Walking by the elevator, I could hear people yelling for help. The smoke was getting thicker and I knew it was time for me to leave. I was very, very frustrated and saddened that I had to leave these people. I didn't know what was going to happen to them. TOM OT{EEFE: People were breaking windows. CHRISTTNE HENR.IKSEN: I just remember not being able to breathe. ANTHONY RICHARDS: Smoke was just gushing up on top of the roof. I was scared. I was terrified. NEWSCASTER: Bomb Blast Footage] There has been an explosion deep below the 110 story towers of the World Trade Center in New York City. CHRISTINE HENRIKSEN: You suddenly realized that for a split second, you, you would be dead. That, you know, you just can't comprehend it, that you just, you would have been dead and it would all have been over. EMERSON: For those who survived the 1993 bombing of the World Trade Center, the trauma lingers on, but for the rest of us, it was a spectacular news event that has come and gone. But has it really? the answer appears to be no. I've reported on international terrorism for the past ten years. And since the World Trade Center bombing, I have been investigating the networks of islamic extremists committed to Jihad in America. For these militants, Jihad is a holy war, an armed struggle to defeat non- believers or infidels. And their ultimate goal is to estab- lish an Islamic empire. Most Americans understand little about Islam, and it is very important to point out that the overwhelming majority of Muslims are not members of militant groups. During the next hour, you will hear what these militants say among themselves, and witness some of their secret activities here on American soil. The trail began 15 years ago with the Soviet invasion of Afghanistan. Hoping to halt the spread of Communism, the United States actively backed the Mujahideen, Afghanistan's Islamic rebels, dedicated to spreading Jihad. The CIA channeled almost three billion dollars to the Mujahideen through the intelligence service of neigh- boring Pakistan. Charles Cogan helped run the operation for the CIA. CHARLES COGAN, Former Chief of CIA, Near East Division: As far as the U.S. side of it was con- cerned this was an agency operation. The training was carried out by the inter-services intelligence directorate at, at camps along the border. And, in, in the interior of Pakistan too. I would say that over the sweep of the cold war this was the most successful covert action that the U.S. engaged in. This was a very remarkable event. The Soviet Union had invaded a country which was not within their orbit and they were forced to withdraw from it and this was a clear reversal of Communism. STEVEN EMERSON: Meanwhile, in nearby Iran, the revolution lead by Ayatollah Khomeini was underway, and fanned the flames of the anti-western sentiment that had been growing in much of the Middle East. In 1981, Islamic militants assassinated Egyptian president An- war Sadat, America's closest Arab ally. The assassina- tion gave the radicals confidence they could strike their enemies at will. It was in this environment that Sheik Abdullah Azzam rose to prominence. Born in palestine, Azzam photo fought against Israel and against Arab regimes he believed were puppets of the west. In the early 1980s Azzam went to Peshawar, Pakistan, to set up a support network for the holy war- riors. The American headquarters was called the Al- Kifah refugee center but when translated, the Arabic on their own letterhead reads the Office of Services to the Holy Warriors. it provided money, weapons - and most important - recruited thousands of Muslim fighters from outside Afghanistan. Azzam helped transform the war against the Soviets into a full-blown international Jihad, or holy war. Now, the enemy was no longer just the Communists, but Jews, Christians and moderate Muslims - who they accused of being part of a conspiracy to defeat Islam. ABDULLAH AZZAM: The world today is arbitrarily ruled by Jews and Christians. The Americans, the British. And others. And behind them, the fingers of international Jewry, with their wealth and their women and their media. STEVEN EMERSON: At the same time, Pakistan was funneling more and more of the CIA's money to the most radical Afghan Muslims. In the end, they would contrib- ute to the expansion of Jihad around the world. CHARLES COGAN. We sought to maintain a balance and never allow it to get too far in favor of the fundamentalists. We had really very few illusions, that's not to say that we could have predicted that some of these Mujahideen might have turned against the U.S. or the West later on. But as I say our focus was on hitting and hurting as much as possible the Soviet forces in Afghanistan. I don't think we have really anything to be apologetic about. These were the, the fighting assets and we had to aid them. What came later, came later. STEVEN EMERSON: The Mujahideen had succeeded in driving out a superpower. it showed men like Abdullah Azzam that they could now defeat any enemy of Allah, no matter how powerful. ABDULLAH AZZAM: [Oklahoma City, 19881 O, brothers, after Afghanistan, nothing in the world is impossible for us anymore. There are no super powers or mini-powers-what matters is the will power that springs from our religious belief. STEVEN EMERSON: Jihad battle fronts expanded throughout the Middle East. Islamic holy warriors began launching terror attacks against Israel, Egypt and Al- geria. PAUL BREMEII, Former Ambassador for Counter-Terrorism, U.S. State Department: The terrorists portrayed themselves as freedom fighters and many in the west fell for this. They said, "well, they're just freedom fighters, we're for freedom and we're for fighting for freedom and why not just accept them for what they are?" - whereas they were, in fact, terrorists. So, it's not a new problem that terrorists will hide be- hind definitions. STEVEN EMERSON: Paul Bremer was ambassador at large for counter-terrorism for the State Department in the 1980's. PAUL BR.EMER: I always felt when I was involved in the counter-terrorism efforts that it was important to make a distinction. We were not anti-Islamic. The vast majority of Islamic people, the vast majority of Arab people are peace-loving, peace keeping people like most Americans. Terrorists in every society are a very small minority of corrupt, criminal, violent people, many with a political agenda who should be singled out. for specific attention. But it should never be we say in anything that gives the impression that we think the fight against terrorism is a fight against Islam or a fight against the Arabs. STEVEN EMERSON: Ironically, anti-western militants soon found that the United States was the best place to raise funds, disseminate propaganda and build up their political organizations. OLyVER B. REVELL, Former Chief, Dallas Bureau, FBI: Coming to the United States gives them a platform that they can use for the rest of the world. They can produce their films, their videos, their publications. They can collect money and they can use it to support their movement. STEVEN E 1ERSON: Oliver "Buck" Revell was one of the FBI's top counter-terrorism agents. of terrorism OLIVER REVEI.L: Many, many acts have been carried in the name of religion so certainly this extremist element of Islam is not unique. What is unique is the international nature, the connection all the way from North America, Europe, the Middle East, Pakistan, Afghanistan, over into Southeast Asia. It is much more global than any type of terrorist network that we've had to deal with in the past. STEVEN EMERSON: Abdullah Azzam and others would go around the country raising money and preach- ing holy war. ABDUJ-T-AH AZZAM: There is no turning back from the stone to the pistol to the Uzi to the cannon to the RPG and then you can expect Allah's ultimate victory. STEVEN EMERSON: The Al-Kifah refugee center set up an elaborate support and recruiting network coast to coast, with branches in more than 38 American cities. There centers became clearing houses and recruiting of- fices to support Jihad around the world. It was Azzam's top aide, a Palestinian sheik named Tamim Al-Adnani, who did some of the most vigorous fundraising. He is seen here appealing for funds in Lawrence, Kansas, in 1988. TAMIM A eADNANI: So one of our purposes is to collect money for the Mujahideen, donations. As much as eve can. And - Alhamdu- lillah! - today, as our brothers noticed, we have got from Columbia, the greatest sum so far. Before Columbia we had 9,500 from Corvallis, a town called Corvallis in Oregon - very near Portland. Now today we have got much more. We have got $15,256 plus about 4,500 gold. Gold. So about $20,000 from the town of Columbia. And this is the peak now. STEVEN EMERSON: But it wasn't just money he was interested in. Adnani was actively recruiting fighters to take part in the Jihad. J TAM1M AL-ADNANI: The only politics we under- stand is tah, tah, tah. This is the best politics. Shoot- ing we say [Arabic of next line] "we solve all our prob- lems in the trenches, not in the hotels." Our problems are solved in the trenches fighting, not in the hotels around tables. Nonsense. STEVEN EMERSON: But Adnani was not just refer- ring to the trenches in Afghanistan. his vision of Jihad was a worldwide liberation movement waged in the name of Allah. Listen to him here as he explains to his fol- lowers the scope of the holy war. TAAUM AL-ADNANI: The best thing is continue Jihad. Nothing but Jihad. Even after liberation of Afghanistan. Wallahi! The leaders have agreed in front of me to continue Jihad. F i sabil Illahl Even after the liberation of Afghanistan, even after the Is- lamic government, they will not stop. They will go up to the Muslim countries of Russia, Islamic republics. They will go down to Palestine, to al-Quds. They promised Allah to liberate Palestine. Anybody stops in their way, Oh my God! I will sit over him myself. Smash them. Any ruler, he will not let us go we will go by force! Jihad. Allahu Akbar and then - imagine the Afghanis, who gave very hard time to Russia, the Soviets. What will they do with the They will eat them They are very brave. Afghanis are a very crazy peopl T I have never seen like this, Wellahi. One hundred, all of them. Allahu Akbar! And they run. Machine guns, bombs, nothing stops them. Wallahi! Nothing. When they want to die in Shahada then they want Shahada. Allahu Akbar! And they come. STEVEN EMERSON: But the militants' rage was not limited to their enemies in the Middle East. Increasingly, the Islamic holy warriors focused their anger on the west -especially America. Abdullah Azzam was the keynote speaker at what was called the first conference of Jihad, held not in the Middle East, but in Brooklyn, New York. Azzam instructed his audience to wage Jihad wherever they were. Even in America. ABDULLAH AZZAM: The Jihad, the fighting, is obligatory on you wherever you can perform it. And just as when you are in America you must fast - un- less you are ill or on a voyage - so, too, must you wage Jihad. The word Jihad means fighting only, fighting with the sword. STEVEN EMERSON: In 1989, Azzam was assassinated in Pakistan by unknown assailants. His death made him a martyr to radical Muslims around the world. Back in America, the calls for Jihad grew even louder from lead- ers like Azzam's cousin Fayiz speaking in Atlanta in 1990. FAY11Z AZZAM: lAflacnfv, Georgia -.19901 Allah's reli- gion - be he praised - must offer skulls, must offer martyrs. Blood must flow. There must be widows, there must be orphans. Hands and limbs must be cut, and the limbs and blood must be spread everywhere in order that Allah's religion stand on it's feet. STEVEN EMERSON: Groups of militants began weapons training on American soil. Islamic radicals, in- cluding several suspects in the World Trade Center bombing, attended this meeting in Brooklyn, where Sheik Tamim Al-Adnani ordered them to prepare for the holy war. -3- TAMIM AL-ADNANI: Brothers, I encourage you to attend the shooting practice. There is nothing greater than the power of the shot. Learn to shoot. The skill of shooting is so important. He who has begun learning how to shoot and did not go through with the training is not one of us. And, from here, we move onto the true shooting, against the enemies of Allah, God will- ing. STEVEN ETAERSON: Followers answered the call. Con- necticut radicals conducted military exercises at shooting ranges and training camps in at least nine U.S. locations, including this one in Connecticut. Groups of Islamic militants fired semi-automatic weapons and trained with explosives. According to FBI intelligence reports, groups would come every weekend and shoot a thousand rounds a day into silhouette-shaped targets. One of the leaders was an Egyptian immigrant named El-Sayyid Nossair. In November 1990, Nossair was arrested for the mur- der of militant Rabbi Meir Kahane. Nossair was shot while fleeing the murder scene. He was brought to the same emergency room as Kahane. Nossair survived his wound and was later sent to Attica prison. Rabbi Kahane died on this table. Alvin Schlesinger was the judge at the trial. JUDGE ALVIN SCHLESINGER, New York State Supreme Court: I had never in my life, I must tell you, ever seen such raw, red hatred that existed be- tween any groups or any persons; I mean it was the kind of hatred that went far beyond doctrine, far beyond the cause; it was raw, red, and violent hatred. JOSEPH BORREOL I: INYPD Press Conference, No- vember 19891 We have murder in the second degree, the second charge of attempted murder in the first de- gree. Third charge is assault, second degree. Fourth charge is criminal possession of a weapon. STEVEN EMERSON: Even though Nossair had ties to an international radical network, police never investiga- ted the possibility of a larger conspiracy. JOSEPH BORRELLI: There is no indication at all of any conspiracy of a nature that we have spoken of. The facts indicate at this point that it was a lone gun- man who committed a homicide. STEVEN EMERSON: Nossair was ultimately convicted of weapons charges but, unexpectedly, the jury acquitted him of the Kahane murder. his supporters were elated. CROWD: [Chanting outside Courtroom] Allahu Ak- bar! Allahu Akbar! Allahu Akbarl JUDGE ALVIN SCHL.ESINGER: It was totally against the weight of the evidence; it was irrational almost, in terms of the evidence that I saw at that tri- al. It just, it made no sense, common or otherwise, to have reached that verdict-particularly with the other verdicts that were reached. So I think it was outrageous. STEVEN EMERSON: Nossair was brought to this hold- ing cell in lower manhattan after his arrest. By then, detectives had searched his apartment and found 47 boxes of personal possessions and papers. But investiga- tors dismissed those papers as irrelevant religious materials. It was only after the bombing of the World Trade Center that law enforcement re-examined those papers and realized they had overlooked one of the largest collections of terrorist materials ever found in the United States. The papers included plans to blow up American skyscrapers. The documents would reveal that Nossair was at the heart of a worldwide terrorist net- work headquartered right here in the United States. MICHAEL. CHERKASKY: Unfortunately, we had that information. It was there. And we didn't see it. STEVEN EMERSON: Michael Cherkasky was the Chief of Investigations for the Manhattan District Attorney at the time of the bombing. MICHAEL CHERKASKY. Looking back at it there was an enormous amount of significant material in those boxes. Whether they were the precise plans, no I don't think so. But were there very strong indications that this man and a group of compatriots were invol- ved in terrorist activities that could ultimately lead to a disaster like the World Trade Center? The answer is yes. STEVEN EMERSON: The boxes included formulas for bomb making, detailed instructions on attacking aircraft, assassination targets, and even classified U.S. military documents. Yet by far the most important document was a hand-sized spiral notebook full of neatly written Arabic text, in which Nossair spells out his plans for the destruction of the enemies of Allah. "We have to thoroughly demoralize the enemies of God.... by means of destroying and blowing up the towers that constitute the pillars of their civilization such as the tourist attractions they are so proud of and the high buildings they are so proud of." MICHAEL CHERKASKY: Only when we started looking at that material, and we started finding things and seeing things clearly for the first time that we became agitated because, honestly, because we hadn't seen it before and excited because in fact we know thought we had more of a clue about tracing the, the history of this group and more of an idea about what had actually happened here, that in fact, a long term conspiracy that had been hatched by Sheik Rahman. STEVEN EMERSON: Sheik Omar Abdul Rahman, leader of a militant Egyptian movement, came to the United States in 1990. He would soon assert control over the Jihad movement in the U.S. The killing of Kahane was the first act of terrorism planned and carried out by Sheik Omar Abdul Rahman's foot soldiers. SELF ASHMAWY: Omar Abdul Rahman was accused in Egypt of enticing people to kill Sadat. He got away with it. He came here. I heard him myself talking about Jihad. And I heard him and I understand how he could convince people in the way of Jihad, in the wrong meaning of the word of Jihad. STEVEN EMERSON: Seif Ashmawy publishes an Arabic newspaper called The Voice of Peace. Despite threats to his life, he has been a vocal critic of Sheik Omar Abdul Rahman. SELF ASHMAWY. Islam is a very new baby in United States. It just been introduced to the Ameri- can in the past 10 years. They heard of it but they don't know anything about it. In the past 10 years they start to listen to it. And all the image they had at that time was Imam Khomeini. Now they have worse than Imam Khomeini after the World Trade Center. STEVEN EMERSON: Sheik Abdul Rahman actively re- cruited followers across the country. SHEIK OMAR ABDUL RAMIAN: lDetroi4 19911 The obligation of Allah is upon us to wage Jihad for -4- the sake of Allah. It is one of the obligations which we must undoubtedly fulfill ...and we conquer the lands of the infidels and we spread Islam by calling the in- fidels to Allah and if they stand in our way, then we wage Jihad for the sake of Allah. STEVEN EMERSON: The Jihad movement in the United States attracted a group of followers willing to put words into action. Like Mahmoud and Mohammed Abouhalima, identified here for the first time at this Jihad rally in Brooklyn in 1989 and charged four years later as conspirators in the World Trade Center bombing. And Siddiq Ali, a Sudanese radical accused of taring an architect of Sheik Abdul Rahman's campaign of ter- ror. Here, just months before the World Trade Center bombing, he is recruiting followers in New Jersey. SIDDIQ ALI: The sword is to be absolutely used and implemented. This is as a principle. RODNEY HA [P`TON-EL: lNew York, 191881 Jihad is something that has to be implemented. Its not a thing that we speak of, it is a thing that we do. STEVEN EMERSON: And Clement Rodney Hampton- El, an American who was wounded in Afghanistan fight- ing the Jihad. Hampton-El was a follower of Sheik Abdul Rahman and allegedly helped plan the killing of Rabbi Meir Kahane, he would later be charged in the World Trade Center conspiracy. RODNEY HAMP'T'ON-EL: Jihad! Allahu Akbar! Jihad! STEVEN EMERSON: From his prison cell, Nossair con- tinued to organize the campaign of terror.. Prison logs show that he met with several of the conspirators to help plan the World Trade Center bombing. MICHAEL CHE HASKY: He was a soldier when he shot Kahane and in some ways his status was elevated to be a soldier, a trainer, an example, a martyr for the movement who was allegedly con- tinually demanding that the movement move forward. That they take more strident action that he was sit- ting in jail for what he had done and that others had to pick up the mantle. STEVEN EMERSON: But the plot did not shift into high gear until the arrival of two men in the United States five months before the bombing. One was Ahmed Ajaj. He was arrested at Kennedy Airport for carrying false passports. Police found in his possession a vast ar- ray of bomb-making manuals and video tapes, including this one produced by a group called the International Is- lamic Resistance. Ajaj's partner Ramzi Yousef managed to enter the country. He immediately went to a New Jer- sey safe house where he began building the bomb. He spoke regularly to A,jaj in prison. Yousef escaped hours after the blast. His whereabouts today are unknown. In the summer of 1993, Sheik Abdul- Rahman and fourteen followers were indicted for the bombing of the World Trade Center. They were also ac- cused of conspiring to blow up the Lincoln and Holland Tunnels, and the United Nations building, and planning the assassination of prominent Americans. In April 1994, in the first of a series of trials, four fol- lowers of Sheik Rahman's - Mohammed Salemeh, Mah- moud Abouhalima, Nyyal Ayad, and Ahmed Ajaj - were sentenced to 240 years each. But Sheik Abdul Rahman's followers are not alone. Our investigation has revealed that they are just one of several radical groups who have set up networks throughout the United States to support international terrorism. These networks include two of the most notorious terrorist organizations in the world- Hizbullah and Hamas. OLIVER REVELL: The Hizbullah and the Hamas are very active in the United States. We now know that they have carried out military training opera- tions including fire arms practice, the creation and construction of explosive device and bombs. We know that they are taking munitions and materials into areas of the world where they are carrying out assas- sinations and acts of terrorism and they are also put- ting together arsenals within the United States for the same purposes. STEVEN EMERSON: U.S. law enforcement officials say Brooklyn's Al-Kifah Refugee Center has, in the past, sup- ported Hamas and other international terrorist groups. It is now headed by Sheik Abdul Wali Zindani. In addi- tion to raising funds for humanitarian purposes, mem- bers of the Al-Kifah organization are believed to have been involved in bombings and assassinations around the world. Zindani refused to speak to us, and denied any in- volvement with radical Islamic politics. But this speech at a mosque in Brooklyn reveals Zindani as a leading Is- lamic holy warrior. SIIEIH ABDUL WALI ZINDANI: Mrooklyn, New York] Allah, the most high and exalted, ordered us to kill the idol worshippers, the enemies of Allah. Fight the idol worshippers altogether, just as they fight all of you. When you go into battle, fight the idol worship- pers wherever you find them. Pursue them and finish them off STEVEN EMERSON: Richardson, Texas is a sprawling suburb of Dallas. Located here, in a nondescript industri- al park, is the headquarters of Hamas' principal Ameri- can support group. LAP stands for the Islamic Associa- tion for Palestine. The LAP publishes Hamas books, mag- azines and pamphlets, and has dozens of offices and af- filiates around the country. MOHA EVIiED AL-HASSAN: Our general aim is to inform the public about the Palestinian issue. STEVEN EMERSON: Mohammed Al-Hassan is the editor of the Muslim World Monitor published by the IAP. He denies any connection to Hamas. [interviewing] Do you support the Hamas Covenant? Do you support the Hamas point of view? MOHAMMED AL-HASSAN: I don't support any point of view as such. STEVEN EMERSON: Does the Muslim World monitor support that point of view? MOHAMMED AL-HASSAN: I wouldn't say it does, no. STEVEN EMERSON: Does the LAP support the Hamas point of view? MOHAMMED AL-HASSAN: Not as, the Hamas point of view, no. It supports liberation of Palestine, it sup- ports informing the public about the Palestinian issue, it supports informing the public about the different groups, the different activities which are going on in Palestine. But it doesn't take a position in support of any one group per se. STEVEN EMERSON: Yet IAP released this Hamas communique that urges Muslims to die in the holy war against Jews who they call "enemies of humanity, the bloodsuckers, and the killers of prophets." IAP routinely -5- publishes anti-Jewish literature, such as this pamphlet, which it has distributed for years. We got a copy at an Is- lamic conference in August 1954. There was a publication put out by IAP that I got a hold of. It says "America's greatest enemy: the Jew". MOHAMMED AI,.HASSAN: Well, I've never seen that publication myself. I don't know how many years ago it was put out, I mean I would have to read it to comment on it. STEVEN EMERSON: Under the name Aqsa Vision, the IAP produces informational videos on a variety of sub- jects. fintemiewingl I have heard that there is a tape dis- tributed by Aqsa Vision that glorifies Jihad and the killing of infidel or the occupier. MOHAMNEID AL-HASSAN. I mean I would have to ask. I don't know about that myself personally. STEVEN EMERSON: You don't know of any types of films distributed out of the offices? MOHAbUdED AL-HASSAN: I don't know exactly, no. STEVEN EMERSON: LAYS Aqsa vision produced this Hamas video, which takes credit for executions, torture and terrorist operations in Palestine. Our investigation has uncovered more than 30 groups that fund radical islamic activities and operate under tax exempt status. OLIVER REVF3.L: They're engaged in many in- stances in illegal actions not collecting money for pur- poses of simply supporting humanitarian aspects but for munitions and weapons and military capabilities. And in addition, if you listen to what they're really saying, they're not just aimed at the Israelis, they're not just aimed at the Jewish State. Their goals are completely and totally to eradicate any opposition to Hamas and to Islam and to move against the United States ultimately. PAUL BREMER: They probably have set up an or- ganization that, allegedly, only does fundraising. And they probably only tell people who give money the fundraising is only going to nice soft things like hospi- tals and child care. But in fact, money raised in this way is fungible. It can be used to buy AK47s or bomb makings. STEVEN EMERSON: In 1989 some of the world's most influential leaders of radical islam held a conference at- tended by: Sheik Mohammed Siyyam, a leader of Hamas from Palestine. Abdullah Anas, a leader of the Algerian Islamic front. Rashid Ghannushi, head of the radical Tunisian fun- damentalist group called Al-Nahdha. Tawfiq Mustapha, a leader of the Muslim liberation party based in Jordan. Yousef Al-Qaradhawi, a militant Muslim leader, original- ly from Egypt. This conference was never intended to be broadcast. It was a secret gathering to expand Jihad networks and terrorist operations. Actual Hamas ter- rorists-veiled to protect their identities-boasted of their successful executions. TERRORIST: Sixteen Jewish soldiers were killed! STEVEN EMERSON: But this gathering did not take place in the middle east. It happened in the heartland of America, Kansas City, Missouri. All of these groups have established bases in the United States and have many graduates. Like mohammed saleh, a palestinian-American who was armsted in israel in early 1993 for financing the pur- chase of weapons that were used to murder four people. He had attended secret workshops on terrorist warfare at another conference held in the midwest in 1990. In other parts of the United States, FBI officials have con- firmed the existence of numerous command centers and communication posts. Like this Texas hamburger stand, which relayed telephone calls between the World Trade Center bombers as a means of avoiding detection. This letter was sent to a Hamas command center operating out of a Chicago grocery store. It is a request for money and further instructions from their American-based mili- tary commanders. We request that you give us orders telling the condi- tions under which it is permissible to kill a collaborator or torture a collaborator to force him to confess. OLIVER REVELL: Freedom of religion and freedom of speech are two of our most precious liberties in the United States. And it's exactly within that fold, within that protection that these groups can function. So it poses a real threat to us that they can come to full blown fruition before we really know the scope and the, the intensity of their involvement and their potential for violence widda the United States. I think that's the biggest threat is that it, it may well be that we don't know the extent of their capabilities and their intentions until we actually see them in ac- tion. STEVEN EMERSON: We have documented at least a dozen similar conferences that have taken place in amer- ica in the past five years, where militant leaders from around the world have praised acts of terrorism and urged their followers to wage Jihad. PAUL BREMER: If you take the case of the kinds of speeches that Sheik R.ahman was giving before the at- tack in, in The World Trade Center, its sort of the equivalent of yelling "fire" in a crowded movie theater. It has, you can't say that the freedom of speech ex- tends to shouting "fire" in a crowded movie theater. Words have consequences and when you go every Fri- day to the mosque and give this kind of a stem- winding, blood-curdling speech, at some point you have to be responsible for those consequences. OLIVER REVELL- We ought to listen to what they say and what they intend to do. YOUSEF AL-QARADHWI: [Kansas, 19891 On the hour of judgment, Muslims will fight the Jews and kill them. OLIVER REVELL: It's their own words, their own actions, and their own deeds that are the key to our understanding of their intentions. SAM IDHAFAR, President, Islamic Charity Pro- ject International: [!Yew York, 19921 We want this small Muslim community to serve as a dagger in the center of this civilization. OLIVER. REVELL: And their intentions are to harm the United States in very significant ways and to reduce its ability to oppose their international agenda. EAMAL HILBAWL [Kansas, 19901 Open the borders of Jordan to the Muslim youth so they may confront the Jews and the Americans at once. OLIVER REVELL: That's what we need to be con- cerned about, what they themselves intend to do. STEVEN EMERSON: Hamas supporters arecelebrating the return of their leaders to the west bank and Gaza. -6- This could be a scene from the middle east, but in fact, this rally was held in new jersey in November 1993 and was organized by the LAP. The singers are saying we solve our problems with the Kalashnikov- a Russian semi-automatic rifle. Some even brought their own guns. The rejoicing continues with lyrics like "we buy paradise with the blood of the Jews." Book store literature preach- ing hatred and intolerance is increasingly found in Is- lamic book stores throughout the United States books on shelves- titles that demonize Judaism and attack Christianity. Summer camp kids singing a culture of violence has Chicago begun to spread to the next genera- tion in the United States. These american muslim chil- dren are attending a summer retreat in the Midwest. But this in not your typical summer camp. Pan of campers singing here, the children are taught to praise armed struggle and terrorism. In this Jihad chant they are praising the leader of Hamas. This young camper just said: Butcher the Jews. It's a Friday afternoon in Wash- ington D.C. Devout muslims are coming for prayer ser- vices. Across the street Sheik Mohammad Al-Asi leads a demonstration against the leaders of this mosque. Mohammad al-asi In the past eleven years we've been coming here, and we cannot go into the masjid. Is this freedom? Is this what is included in the Bill of Rights? Sheik Al-Asi is the religious leader of the Islamic Edu- cation Center in Potomac, Maryland. MOHAMMAD AL-ASI: I would say the the Jews have improportionate control over the instruments of government. I would say Capitol Hill is Zionist- occupied territory, I would say the executive building, the White House, is also under a cloud of Zionist a Zionist umbrella, and so can be said about the State Department, the Pentagon, etceteras. STEVEN EMERSON: He routinely calls for the destruc- tion of Israel, Egypt, and any regime allied with the United States. MOHAhUAAD All,-AST: We're not pick- ing on the United States- we're not picking on any- one. We're just dealing with the people who are com- ing and causing us all these problems. Why is the United States placing itself in the middle of all of these problems? If it extricates itself from all of this, it will not force us to do what we are forced to do. But if it stirs a hornets' nest, the hornets are not going to, ha-ha, respond in a lackadaisical manner. STEVEN EMERSON: [interuiewing7 Do you believe then in the use of violence? Even as a last resort? MOHAMMAD AL-ASL: Yes, I believe in the in the use of violence, well, I, look wait a minute, don't, you know, take this issue or put words in the mouth of the interlocutor. Violence is not the word. The use of arms, I think, would be the word, the more accurate word to use here. And the Koran teaches us that sometimes the use of arms is inevitable we in order for justice to be done this is the only recourse we have. STEVEN EMERSON: What About Egyptian leaders like Mubarak or Israeli leaders who come to the United States-since they are running their govern- ments' policies, are they legitimate targets? MOHAMMAD AL,-ASI: No, unless the United States becomes a war front, they're not legitimate targets. STEVEN EMERSON: Unless the U.S. becomes a war front. MOHAMIVIAD AL,-ASL Unless the United States be- comes a war front. 11 STEVEN EMERSON: And what become, at what time would it become a war front? MOHAMMAD AL-ASI: When do places become war fronts? When you have a war. STEVEN EMERSON: Is there emerging a war front condition at this paint? MOHAMMAD AL-ASI: No, I don't think there's a war here, a war front here in the United States at this point. I think the if the whole scenario continues the way it has, inevitably the United States is going to be reaching a type of war front. Yeah. But not right now. STEVEN EMERSON: How much longer do we have? MOHAMMAD MrASI: (Ha, ha, ha), That's very hard to predict, I mean that's that's, if I knew the an- swer to that, rd probably be somewhere else. (laughter). STEVEN EMERSON: Sheik Al-Asi is a frequent speaker at radical Muslim Al-Asi photo conferences. He made this speech in Chicago during the buildup for the Persian Gulf War. MOHAMMAD AL-ASI: [Chicago, 19901 If the Ameri- cans are placing their forces in the Persian Gulf, we should be creating another war front for the Ameri- cans in the Muslim world - And specifically where American interests are concentrated. In Egypt, in Turkey, in the Indian subcontinent, just to mention a few. Strike against American interests there. STEVEN EMERSON: That conference was sponsored by the islamic committee for palestine. the committee describes itself as a charitable organization. the group it supports - the Islamic Jihad - has been responsible for some of the bloodiest terrorist acts of the past ten years, including the mutilation of three Israeli factory workers and a stabbing attack on a tel-aviv street that killed one school child and seriously wounded several others. It seems a long way from mall global acts of terrorism to this suburban shopping mall, but its not. The Islamic Committee for Palestine is based here in tampa, Florida. this used to be its headquarters. but in early 1994, the committee vacated this office and moved to an undisclosed address here in tampa. Peace be upon you STEVEN EMERSON: Peace Be With You is a cable ac- cess show in tampa that reaches 60,000 homes. Its host is a professor of engineering at the University of South Florida. he is also the president of the Islamic committee for Palestine. SAM AL-A'.LAN: It does not try to abolish other ideologies and other religions. I have my religion and you have yours. STEVEN EMERSON: Sami Al-Arian's organization, ac- cording to law enforcement, serves as the primary sup- port group in the united states for Islamic Jihad. ICP promotes Islamic Jihad's activities in both the u.s. and the middle east. PAUL BREMER: Palestine Islamic Jihad is a ter- rorist organization. It's a group of radical, fundamen- talist Palestinians which came together in the 1970's with the objective of basically establishing a funda- mentalist State on the terrain of Israel - destroying Israel. That's their objective. And they've engaged in terrorism against Israelis, both civilians and military and against moderate Arabs and other Palestinians who disagree with them. -7- STEVEN EMERSON: Sarni Al-Arian denies any con- nection between the Islamic Committee for Palestine, and the Islamic Jihad. SAMI AL-ARIAN: We are not really a political organization, we are more a charita- ble, social, cultural type group. We are trying to really stress, the existence of the Palestinian community here in the West. We are trying to educate them about, especially in cultural terms because I've seen a lot of tragedies about the children and tha& s Where basically were trying to focus our efforts right now. STEVEN EMERSON: interviewing] Would you say you support the Islamic Jihad factions? SAMI AL-ARIAN: No, we don't support any political groups at all. ICP Newspaper. STEVEN EMERSON: Yet the Islamic Jihad's new- spaper-Islam and Palestine -listed the ICP Tampa ad- dress as one of its main offices. SAMI AL-ARIAN: There was never affiliation. I mean I'm not sure that Islam and Palestine was, to start with, a Jihad. I saw most of the issues and never saw the word Jihad. STEVEN EMERSON: In fact, many of the issues openly pi smote holy war against the west. Dr. Al-Arian himself wrote this speech published by the ICP, urging Jihad. It says, "we assemble today to pay respects to the march of the martyrs and to the river of blood that gushes forth and does not extinguish, from butchery to butchery, and from martyrdom to martyrdom, from Jihad to Jihad." ICP conferences the Islamic committee for Palestine has also sponsored conferences featuring some of the most radical Islamic leaders in the world today, includ- ing Sheik Omar Abdul Rahman. SAMI AL-ARIAN: I re- ject the terms fundamentalist, radical, all that. STEVEN EMERSON: Sheik Omar? SAMI AIrARIAN: He is more of a conservative type. Again he dropped in, he was never invited. You wouldn't find his name, and when he dropped in, he was giving lecture believe it or not to the youth and children, he was not giving a forum to the adults. STEVEN EMERSON: Another radical leader who has been consistently invited to ICP conferences is sheik ab- dul aziz uda, the spiritual leader of Islamic Jihad. [interviewing] But Abdul Aziz Uda has been here? SAMI AIrARIAN: Well, he's been to the conferences. STEVEN EMERSON: But he has been to this mosque, yes, no? SAKI AL-ARIAN: Ali, was he? He might have been. I need to check my records. Actual- ly, many, many, many people have been to this mosque. STEVEN EMERSON: Sheik Abdul Azziz Uda has in fact visited Al-Arian's mosque in tampa, and frequently travels in and out of the United States. U.S. authorities say uda was an active member of Sheik Abdul Rahman's group in Brooklyn. he was named as an un indicted co- conspirator in the World Trade Center bombing. At an ICP conference in Chicago Sheik Uda delivered this speech. Abdul-Azziz Uda. Now Allah is bringing the Jews back to Palestine in large groups from all over the world to their big graveyard, where the promise will be realized upon them, and what was destined will be carried out. STEVEN EMERSON: [interviewing] If someone were to say to you that Israel, Israel is to serves as the mass graveyard for the Jews. What would your reac- tion be to that? SAMI AIPARIAN: Yeah some people may say that, yeah. I've read that, I know some people may have said it. STEVEN EMERSON: Would you be surprised if you found out that Sheik Abdul Aziz Uda of the Islamic Jihad came to the United States quite frequently for the past six years? PAUL BR.EMER: I, I would be very surprised. I think it would indicate another, another time how lax our immigration procedures are dealing with ter- rorists. It's shocking because, what it means, in effect, is it's easier to come to the United States as a ter- rorist than as a refugee. STEVEN EMERSON: One way they get in is through groups like ICPI, the Islamic Charity Project Interna- tional. ICPI claims to be a humanitarian relief organiza- tion. "Wipe a tear," it says in its brochure, "make an or- phan smile." law enforcement officials say ICPI money goes to Jihad activities. And as a non-profit religious or- ganization, it poses as a front to bring radical extremists into the united States. This is footage of a 1992 ICPI Conference held in the Untied States and shows the organizaiton's darker side. AIEVIAD NOFAL: All those operations that comfort our hearts, all of them were perpetrated by Muslims. Isn't it so? The operation of the bus. Aren't you follow- ing history, who's behind it, the killing of Kahane, who is behind it? These lessons speak for themselves. STEVEN EMERSON: Sheik Ahmed Nofal is a known recruiter of Hamas terrorists in Jordan. one of the opera- tions he was applauding is this terrorist act in Israel. An Islamic fundamentalist commandeered a bus and drove it off a cliff. Sixteen people, including one American were killed. One of ICPI's most prominent members is Sheik Omar Abdul Rahman, seen here, sitting next to Sheik Nofal at another ICPI conference. MICHAEL CHERKASKY: Sheik Rahman is the leader, is the organizer, is, has the impetus that pushes forward these group of individuals, these foot soldiers, to strike at America as the Great Satan. And try to damage America and unnerve America and sap the will of America by terrorist acts. STEVEN E W11SON: Some radical groups here say their only enemies are Israel, Egypt, Jordan, and they are not enemies of the United States. OLIVER REVELL: If you listen to what they're saying, Israel, Egypt, Jordan are surrogates for the United States, that they are puppets and we're the puppeteer and the way to strike at Israel, Egypt and so forth is at the United States because without the United States, they could not and would not exist so we are the ultimate, we are the great Satan that is their primary and ultimate target. STEVEN EMERSON: As the activities of Muslim radi- cals expand in the United States, future attacks seem in- evitable. Combating these groups within the boundaries of the Constitution will be the greatest challenge to law enforcement since the war on organized crime. OLIVER, REVELL: I think because we have this guaranteed free speech, guaranteed free religion that their Statements have gone largely unnoticed. We in the United States, the law enforcement communities cannot collect public information unless they have an ongoing criminal investigation. So those things that -8- you as a journalist or other journalists may know or academicians may know, law enforcement will not necessarily and probably will not know. STEVEN N: Most Americans cannot grasp the militant Islamic threat. But moderate Muslims must live with it every day. Adil Yousif is a Sudanese Muslim who knows several of the defendants in the conspiracy, and rejects their interpretation of Islam. ADIL YOUSIF: They believe all the westerns are the enemy of Islam, all the Christian and Jewish group. They are the enemy of Islam. And they believe even there are some Islamic groups working with those western people they are the enemies of Islam and they said those are even dangerous than the western themselves. SELF ASEMIAWY: These people have their own doc- trine. They could accuse you that you are infidel. They could accuse you that you are not a Muslim by saying that which is the word Kaffir or infidel, by saying that you are being put out of the community. In, in other words, your blood is became lawful. Any- one could kill you and anyone if he does so, so he did it in the way, in the way of god. STEVEN EMERSON: Seif Ashmawy knows many of the militants and says that democracy Weans something entirely different to them. SEIF ASHMAWY: Hitler carne to power in a Democratic means. Mussolini came to power in Democratic means. Those people are using that democracy just to reach the power, once they have the power there will be no democracy. I heard it over and over and over for many of them. I read their publication. They are saying there is no De- mocracy in Islam. OLIVER REVELL: The very freedoms that allow them to function and operate are what they despise. And it is a paradox that we have not come to grips with and that we can't understand as a nation why people that we allow to come in and benefit from our system and our protections turn around and in es- sence hate us for it. STEVEN EMERSON: Last summer, the world saw what could have happened in the World Trade Center blast. Using an almost identical bomb, suspected Islamic terrorists blew up the Jewish Cultural Center in Buenos Aires, Argentina. More than 100 civilians were killed. The terror of Islamic militans is no longer a problem con- fined to the Middle East. While some militant organiza- tions may portray themselves as moderates, it is in fact moderate Muslims who are most threatened. The militants' agenda demands confrontation with any group that disagrees with their radical vision. Although the militants may claim to speak on behalf of all Muslims, Is- lam as a religion does not condone violence. The radicals represent only themselves-an extremist and violent fringe. J, 11-C 4 - A40 - Al S 7 Ar da te~, V, C(/✓~ la A L Q ry,,!,,F T,46AR4 .l ~'7L23 Laze uswego, urt y/u.~4 1. I am reading from a public document on The Tigard Water District Board Of Commissioners Regular Meeting Agenda Serving the Unincorporated Area People, dated Wednesday March 29, 1995 MINUTCS at 7:00 p.m., and concerning pages 3 & 4, of number 7-b as follows: Director's Report by Ed Wegner, City of Tigard, who states, in effect, that the Agreement will assign The Water Rights to a new agency (named differently than The City of Tigard) for an estimated Million gp3, this is Phase 1 of the process. Phase 2 is the composition of the board (Lake Oswego-wants a 3 to 2 composition; and Tigard wants 2-2-1 which is simu-- lar to the composition o our other oar s), operating proeegu`res, responsibility for leading the operations, and establishing technical committees so staff can communicate directly with specific people. 2. The following, as a writer in the public's best interest (for the past four (!s)) years in the State of Oregon) is information that I have obtained: Under The Intergovernmental Oswego/Tigard possibaee Contract: Oswego (who now owns The Water Rigs t ; wants a 3-voting ri ghts to 2, of TigirdTa -votes. Tigard wants a 2-member voting of each 2'cities, and then both cities seek a fifth member to vote thus the 2-2-1 composition. 3. Further: Both parties are in agreement to place the Water Rights into a new A enctn case of one or both cities exercise the contract by wanting out oT the contract. Further: The New "Agency," much like a shell corporate structure will have a limited authority in acting for the two cities by establishing its own paid staff to act out the many Phases needed such as minutes & reports, the wholesale water supply "Agency" costs ofservice & retails, the use of the full water rights on the c lactamas river, the future possible act &/or taking over the place of the Intergovernmental Water Board (IWB) and its responsibilities, and or any tofier use- ful act that the Os:c*sgo/Tigard agree upon, under the laws of The State Of Oregon. 5. Further: The Intergovernmental Agreement between The City of lake Oswego and The of Tigard can be cancelled by one or both parties and when carried out, the "Agency" shell will end and any new contract may permit Lake Oswego to get back their Water Rights, and City of Tigard receive their fair share to continue under its new contract - - of which.both cities abiding under the 28ws of The State of Oregon. 6. Further: Any water bond issues may be acted upon by the two-cities possibly us- ing their revenue sale of water or going for other water bond issues via taxes, etc. Also, water bond issue may run from 5~% to 8% with tax-examption. Also, the possible Regional or Sub-Regional water supply will be needed by the two- cities for future use. iofo. V-rte 7. Furthers If the Oswego/Tigard Contract is finalised,, it appears tome that with- out Ug-al Conditions entered into the said Contract,,The Intergovernmental Water Agreement Id o City o igard, City of King City, City of Durham and the Un- incorporated-people will not be able to complain of any disagreement they all may or may not have against the legal Wording of the possible Intergovernmental Oswego -Tigard Agreement, other thin possible court action. THEREFORE: Legal Conditions may be setforth as Tigard City Administrator.. Bill Monahan, sa to me several Months back when I did asked him the question, "What will be the legal Relationship be- tween The IGA and The Intergovernmental Oswego/Tigard Agreement 0"-.Monahan answer- ed, conditions may have to be placedinto The Oswego/Tigard Agreement. 8. Furthers Also, it appears to me that both The Intergovernmental Water Board and e TWD commissionersI Board may oP may not any longer be useful to the possible future Oswego/Tigard Agreement. 9. lhirthers People I have spoken to (both layman and profissional' suggust that the FIFTH person under the Osviejo/Tigard Contract Agreement be an independent water- Igo-7wedgeable person. ~p Furthers As a writer in the public's best interest for the past foUr years,, I will try' to answer any questions by the Mayor and Council Members. _1 ~114 copies: Mayor n e:#. Council XeAbbrs Tigard City Administrator, Bill Monahan ;v' o s vvv L,7 2' of 2 There have been few American politicians in modern the electorate not only real i i e events and circumstances with an at once deep intensity and reassuring calmness and promises that all precautions Act (1932), which banned "yellow dog" labor contracts Side1 and strikebreaking by injunction. He was also a bitter foe 1. Reading the Comics - July, 1945, 1:15 ng n n tfines capable of op admiration and respect, but a genuine fondness. Most av are being made to defend the city against emergency. On in December of 1942. hear the mayor ck w r hird he of prohibition. In 1929 he made an unsuccessful bid for mayor of 2, Pearl Harbor Message - Dec, 7, 1941, e politicians, of whom water commissioners who h never listened to a river, and fire commissioners whose , e a t t t scolding those car owners who rushed to buy gasoline w . i o i New York against Jimmy Walker; but when the latter $:30 was forced out of City Hall by the Samuel Seabury in- 3 Gas Rationing Emergency - Dec. 1942 grasp of what causes fire is limited to friction between e i l ng ng as c m when they learned ration Side two begins with La Guardia, in August of 1942, . vestigation of Tammany graft, La Guardia was nominated' 5 32 • y repr r tinder and phosphorous can be said to be fa sentative, are narrow, prosaic, humorless men; their ca- referring to a newspaper report that the probability of a will not thi ha : by an anti-Tammany fusion party in 1933 and was elected f New York City. He was re-elected twice and or ma pacity for compassion in regard to the problems of their their convictions are devoid of minute i i s t subway fare rise is imminent. He vows t come to pass (and, indeed, it did not during his tenure o y served from 1934 to 1945, when he declined to run for , tuents s const nuance and susceptible to shifts of power, their rhetoric ir anxiety for "consensus" ll th i h a as mayor). An extraordinarily clever political speech for Senator Robert Wagner, campaigning for re-election in a fourth term. Side 2 La Guardia was the first director of the Federal Office 1. Possibility of Fare Rise - Aug. 1942, i bli t e , e st c s is a hollow pl drains their actions and personalities of even a modicum November of 1944, precedes the final and most stirring track which carries a poignant, impromptu eulogy to ce c serv pu of Civilian Defense (194142). His las was performed as Director General of the United Na- 1:54 of drama. The public can accept and be obedient to the f such men, it can even re-elect them, au i h Franklin Roosevelt, spoken the day in April of 1945 tionsReliefandRehabilitation Administratinn(UNRRA) 2. Political Speech for Senator Wagner - 946 ty o t or legal but it can hardly summon affection for them. im l when the president died. It is clear that his death touched Mayor La Guardia very deeply. from March to December 1 . Nov. 1944,5:02 Fiorello La Guardia died in New York City on Sep- 3 1945, 9:50 -April D R Tribute to F , a Fiorello La Guardia, although he could not c ortions of complexfty, dynamism and pro h th To be capable of being touched deeply and to un. 8 L t , . . . . tember 20, 1947. p e Per am charisma of some of the most notable exceptions to the n a ral to abashedly reveal such humanness was cen Guardia's character and gave breadth and vitality to his t, above rule, was an uncommonly talented, intellige eous politician and hat un• d coura h other outstanding qualities as well as evoking the pro- g 9 !l g onest an sensitive, worthy of inclusion in exalted company, nor of the found trust and affection of the people he governed. This aI once historically valuable and very entertaining re- extraordinary allegiance of the public that was his. or of New York City for the eleven extremely Ma cording provides an engrossing picture of a uniquely d hi l h a y difficult years of 1934 to 1945, and one of the most re- years enuinely liked administrators the d d a i s con- n w o e vivacious and highly colorful politici stituency with imaginativeness, compassion and vigor 1 g n adm re city has ever claimed, La Guardia, a short, squat man and who enjoyed in return its sincerest gratitude and with a high, squeaky voice and a face that seemed almost devotion. Notes: Robert Levin a caricature of itself had, for a successful politician, a highly unlikely appearance and demeanor. But if there was a sense of the eccentric and the comical about his looks and manner he was, to be sure, no buffoon. La Guardia was an exceptionally brilliant, energetic and scrappy politician and the challenges which he faced as mayor of New York, a job frequently and justifiably described as second in complexity and complication only to the, presidency, constituted adrenalin to the blood of his exceptionality. In his three terms as mayor, La Guardia, among other accomplishments, reorganized the graft-ridden machinery of the municipal government bequeathed to him by the notorious Jimmy Walker, obtained a new city charter. balanced the budget,' initiated a drive for slum clearance and low cost housing, and vastly improved the city's health and sanitation conditions and the efficiency of its major agencies. In addition he promoted the construction of many large and important projects including play- grounds, schools, parkways, the Triborough and Bronx- Whitestone Bridges, the Queens-Manhattan Tunnel and the LaGuardia Airport. La Guardia's uniquely endearing personality was prob- ably most clearly and openly` displayed in his frequent radio broadcasts. La Guardia had an affecting predilec- BIOGRAPHY The son of an Italian bandmaster serving with the United States Army, Fiorello ("Little Flower") Henry La Guardia was born in New York City, December 11, 1882 and was reared at Fort Sully, South Dakota and Whipple Barracks, near Prescott, Arizona. At the out- break of the Spanish-American War, he journeyed to Florida with his father who died soon afterward (in 1898), and then was taken by his mother to live with her relatives in Budapest, Hungary. There, in 1903, he se- cured employment in the United States Consulate. Later he became United States Consul at Fiume, where he won a reputation as champion of immigrants to the United States. On his return to New York City in 1907, he became an interpreter at Ellis Island and began to study law in the evening school of New York University. Three years later he was admitted to the New York bar and entered politics as a progressive Republican. In 1914 his unsuc- cessful candidacy for congress from the old 14th New York district made such inroads on the usual Tammany. controlled Democratic plurality that he was appointed deputy general of New York State in 1915. In the next year he was elected to congress from the same district by a nlurality of 270. Lion for taking to the airways to, by turns, cajole, aa• After the United States entry into World War I, for monish, entertain and commend.:: the people. of New MAYOR SHOWS A "WELL-DRESSED" CHICKEN TO THE f ;E55 i0 EMPHASIZE 5 tA_ - as possible. His broadcasts which he voted, La Guardia was commissioned a lieu- ARE SELLING ORDINARY COLD STORAGE CHICKENS UNDER THE GUISE OF NAME BRAND FROZEN PROD. 19171 UCTS AT THE SAME CEILING PRICE, A ` York as directly and intimately varied widely in subject and tone. Many of them weir. hot-tempered, others were gentle and funny.' He attacked gambling, read recipes to housewives during the long period of meat rationing, denounced hoarding during wartime, recited the comics to New York's children dur- inga newspaper' strike. Six: of his most famous radio addresses have been selected for, and preserved in, this recording. - The opening track, for sure the most popular and fondly remembered of his broadcasts, is La Guardia reading from Dick Tracy in July of 1945. Obviously he is having much fun and the reading is quite hilarious. it will be noted that he manages to take a sly crack at his police commissioner. The following track is of an infinitely more sober nature - his message to New York delivered just hours after. the Japanese attack on Pearl Harbor, December 7, 1941. La Guardia discusses the tenant in the United States Aar Service ( ugust Sent to the Italian front, he commanded' a bombing squadron and proved to be an extremely successful propa- gandisLfor the Allied cause at mass meetings in various Italian cities. At the end of the war, wherein he attained the rank of major, he returned to his seat in Congress where he opposed military appropriation bills and es• pionage acts. In 1919 he left Washington and campaigned successfully for president of the Board of Aldermen in New York. He served in that office until 1921. In 7422 he again ran for Congress, this time from the 20th New York district. He won the election and sub- sequently was reelected four times, serving from 1923 to 1933. In the House of Representatives he severed his Republican ties, Joined the Progressive group, and was associated with soft of the most liberal legislation in congress. He was co-author of the Norris-LaGuardia - n tt^K rn 1 I ' A ~'3~f rRiNTCG IN U.B.A. COPYRIGHT 111110 nv Aucto 1IOC6arY RECORDS. INC. Executive Producer: HERMAN D. GIMBEL Engineering: WILLIAM HAMILTON Art Director: RHEA ATKI1IS ~a MAYOR READING THE COMICS MAYOR AT CONTROLS OF SUBWAY CAR AGENDA ITEM NO.2 - VISITOR'S AGENDA DATE : December 11, 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 ;L S-Q-11~ k~D OT, t ZS- 'Q ~j ke Ok VISITOR'S AGENDA Page 1 AGENDA ITEM # 3. 2.,~ FOR AGENDA OF December 11. 2001 MEMORANDUM CITY OF TIGARD, OREGON TO: City Council FROM: Greer Gaston DATE: December 4, 2001 SUBJECT: COUNCIL CALENDAR, December 2001- February 2002 Regularly scheduled Council meetings are marked with an asterisk If generally OK, we can proceed and make specific adjustments in the Monthly Council Calendars. 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 January 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 King, Jr. Day - City Offices Closed * 22 Tues Council Meeting - 6:30 p.m. Study Meeting - Business Meeting February * 12 Tues Council Meeting - 6:30 p.m. Study Meeting - Business Meeting 18 Mon Presidents Day - City Offices Closed * 19 Tues Council Workshop Meeting - 6:30 p.m. * 26 Tues Council Meeting - 6:30 p.m. Study Meeting - Business Meeting 1Aadm\cathy\cound1\ccca1.doc Council Calendar - Page I D m - Ch fi n, b po Cl) d o 3 R1 c~c m CL o n • Cc O c o, W m fn a f o n n m y n O ° w m < - FL -0 a s) 6i S c ° O o ca v, 'D D (n o f C n 1 p Oo cc CD ' a s v (D r r Z ~ C D m y fh < s ° ( 5 _ _ ID A m 'O 0 a cti wo ' n~ o ~y a) C vi ° uyi n cn •p ' ' , a O M - 8 03 0 0 (h ~ v C o ° 9 ti v, y c o p m m ~n M cn o g 3 o CD a CD PL c M N M c c A m CL 91) b N .O 7 a m (D (D (D m -1 n CL 9 m CD M CD J 7 , i o o 1 1 ~ N a 1 K (D c CD d 7 lI a C D CL Cl) m D 00 3 d 5 a -0 m ' ) f° D M 7 CD ^ CL © O p C y w y 1 X .D m K N a <n ro = o a Q O O co 1 y n, o l o CL U3 H CD g w W y r Q r' C X W CD O C C' OD =r r v Q n C o C2: < CD ° (b Up (A coo D CO) W (D M -n CD M m o 2) D ;a y d O C O 7 w Cl) to O N CD = 7 N C r 1 > 7 ;0 r- CD ID (D = :3 CL a , s CD O CD N ° ° N 1 3 N n n, to n y d N H = ~ n=i > > O 3 ' u) 0 7 0) 1 c A v ° r cc S 0 CD L e CL ' a o < N ° N 0 . ~ C D M ~ 0I o ~ 3 ~ Y ?hr i ci CD _ m 3 D cm 1 O to r w a 0 CD o L" n, o a m ~ a 0 :3 C) :3 co C, o 1 :3 n 4l: 3 a c y O ~ a w CD f N 7 9 f< 1) <p O 1++'v O O1 . CD yY 9'c C G i81: 7 ao O O , 7, O ,i Agenda Item No. 5.2 b. Meeting of l2, - I / - Dl r (O ~ 0) L CD X_ N ~ E r. - ~J a O CL y N Cy c C S O O C O O D m 03 o 3 CD O 7 N 0 7 O . H d W . ► O O an O W j~~~ 0 C: rt Q r to S O O CD CD , d N n n n b D N C 7 y N C 0 O N r N O O 7 (D o tC :I ' CD C 7 7 W 3 W N 0 O N 7 CD r z O Z CD R U' G O O COIN a W p CL 0 O d rL ID CL -4 m 1 U1 cn W d t0 .Z7 N N C O U~ 3 Ca D 1 6 o _ CD 0 O 3 iTl B E3 5. O z v c m m O ! O O W ~ c 7 fv . O H D X CO d C O D 3 O ' CD a) to m p L y o 7 N < O O a n c U) n cti T N o3 T _ CD G CD 7 CL CD C11 < CD 7 m W = 'D 3 v, m 3 C m m p ~ a g > d ? m a v to @ CA O m > O `D CD 3 r - m ° m a ? a N D m a m CD = y o p O ~ O y O > O > O g r W n ~ ~ J C N ~ N W N ' N to N D N to W N (D N `»D a 3 W to v z O N N O 7 -i C AGENDA ITEM # 0.19 FOR AGENDA OF December 11, 2001 CITY OFF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE A Resolution Declaring_ Tigard's Intent to Join the Oregon Public Employees Retirement System State & Local Government Rate Pool PREPARED BY: Sandy Zodrow DEPT HEAD OK CITY MGR OK ISSUE BEFORE THE COUNCIL Should the City of Tigard elect to join the Oregon PERS State & Local Government Rate Pool? STAFF RECOMMENDATION Staff recommends passing a Resolution to approve the City of Tigard joining the State & Local Government Rate Pool. INFORMATION SUMMARY As Council will recall, sworn Police personnel are currently covered by the Public Employees Retirement System (PERS). The City Council previously elected to have the City of Tigard join the Public Employees Retirement System (PERS) Local Government Rate Pool which was established July 1, 2001. The purpose of joining that pool was to protect against future large fluctuations in the employer's rates. Prior to that PERS, determined retirement and disability rates based on individual local employer accounts. The 2001 Oregon Legislature Assembly adopted Senate Bill 134, which allows Oregon local government PERS employers to pool their pension costs with the State of Oregon, thereby creating an even larger pool for state and local employers to further manage government PERS contributions. The current Local Government Rate Pool will be abolished to establish the new State and Local Government Pool. At this point, the City of Tigard has two options: 1) Join the new State & Local Government Pool, or 2) return to the pre-July 2001 situation when City of Tigard rates were determined solely by the City of Tigard's experience. PERS has not yet projected potential rates for the new pool, though it is likely that those rates will be similar to the rate the City of Tigard receives under the existing Local Government Rate Pool. This matter has been reviewed by staff and it is our recommendation that the City join the new pool, in an effort to minimize the fluctuations in potential future retirement contributions that the City of Tigard may experience. OTHER ALTERNATIVES CONSIDERED Return to the pre-July 2001 PERS local government rating structure where PERS rates were based solely on the individual local government employer's experience. VISION TASK FORCE GOAL AND ACTION CONSETTEE STRATEGY N/A ATTACHMENT LIST N/A FISCAL NOTES The fiscal impact will be determined by the PERS actuarial rate study. AGENDA ITEM # 3.+ FOR AGENDA OF December 11, 2001 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Authorize the Mayor to Execute and Endorse an Amendment to the Agreement with the League of Oregon Cities Governing the League Status as a Unit of Local Government PREPARED BY: Cathy Wheatley DEPT HEAD OK CITY MGR OK ISSUE BEFORE THE COUNCIL Council consideration of an amendment to the 190 Agreement for the League of Oregon Cities. STAFF RECOMMENDATION Adopt the proposed resolution. INFORMATION SUMMARY Attached is a copy of a communication from the League of Oregon Cities (LOC) concerning the amendment of the League's Constitution at the recent LOC conference. The changes include the addition of two more Directors to the LOC Board and some simple word-smithing changes. A "working copy" of the Agreement is attached that shows the changes. None of the Constitutional changes reflect a change in the way the League functions or the relationship between the League and its members. The League is asking member cities to approve a resolution enacting an amended 190 Agreement for the League. OTHER ALTERNATIVES CONSIDERED N/A VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY N/A ATTACHMENT LIST 1. Proposed resolution with the amended Intergovernmental Agreement (Attachment A). 2. Communication from the League of Oregon Cities. 3. "Working copy" of the Agreement. FISCAL NOTES N/A I:\ADM\PACKET'01\20011211\LOC 190 AGREEMENTAIS.DOC "Working Copy" For Intorma10109 purposes Daly. (Italics) = deletions Bold underlined =additions INTERGOVERNMENTAL. AGREEMENT OF OREGON CITIES THIS AGREEMENT made and entered into this day of , 20 by each city of the State of Oregon agreeing to enter into the same by ordinance or resolution, and every other city having also so agreed and being collectively referred to herein as "CITIES", now therefore WITNESSETH: RECITALS: 1. This is an agreement for intergovernmental cooperation by units of local government under ORS 190.010 to ORS 190.111 inclusive, in performing functions and providing services which all of the parties have authority to perform and provide. 2. For purposes of this agreement, the organization created by the Cities to perform certain functions and activities herein set forth shall be deemed a consolidated department of all of the Cities who are parties to this agreement to carry the same out by a combination of methods provided for in ORS 190.020. 3. This agreement reduces to writing the terms, conditions, purposes and objects of services, functions and activities of the League of Oregon Cities performed since 1926 as a cooperative and joint endeavor of Oregon Cities. Nothing herein is intended to change its status as being for some purposes a political subdivision of the State of Oregon, an instrumentality of the State and its Cities for better administration of public affairs, and an agency or instrumentality for performing governmental functions owned and controlled by the Cities of Oregon. THE CITIES OF OREGON BECOMING PARTIES HERETO AGREE: 1. ACTIVITiES: 1. To form and continue an organization for the cooperative provision of local governmental services, to perform governmental purposes and functions as hereinafter set further under the name of the League of Oregon Cities, hereinafter referred to as the "League." 2. The League of Oregon Cities shall have the following purposes and functions: a. To maintain an organization to secure cooperation among the cities of the state by thorough study of local problems, and in the application of efficient methods to local government; b. To provide a means whereby officials may interchange ideas and experiences and obtain expert advice; c. To collect, compile and distribute to municipal officials in'rormation about municipal government and the administrator of municipal affairs; d. To engage in the study and preparation of uniform ordinances and practices; e. To formulate and promote such legislation as will be beneficial to the cities of the state and the citizens thereof and to oppose legislation detrimental thereto, but not to expend monies in favor of or in opposition to any public measure initiated by or referred to the people, or for or against the election of any candidate for public office; f. To provide such services to cities as cities may authorize and require through the League of Oregon Cities, including but not limited to assistance in collective bargaining with employees,' liability,' casualty,' and health insurance,3 and the provision of joint facilities for local governments with other governmental units acting singly or cooperative. To that end the League may create or participate in appropriate entities and trusts which are suitable and convenient for carrying out its purposes; g. To secure harmony of action among municipalities in matters that affect the rights and liabilities of cities; h. To institute or participate in litigation in the name of a member city, upon request of such city, or in its own name for the purpose of securing a determination relative to the rights and liabilities of cities of Oregon under any constitutional provision, statute or ordinance; to appear as a friend of the Court in any Court proceeding wherein the rights and liabilities of cities are affected; to appoint or employ counsel for the purpose herein mentioned; I. To adopt and amend, from time to time, such rules, regulations, constitution and bylaws as are not inconsistent with this agreement; j. To do any and all other things necessary or proper for the benefit of the cities of Oregon which the cities themselves might do singly or in cooperation with other units or agencies of government. II. GOVERNANCE AND CONTROL: 1. The Board of Directors shall have general supervision over all of the affairs of the organization, subject to the will of the organization expressed any duly called meeting. The Board of Directors shall possess all powers necessary to carry out the provisions of this agreement and the specific purposes and functions set forth in Section I, ACTIVITIES, including but not limited to the power on behalf of the League of Oregon Cities, directly or through other entities, to rent, lease, purchase, receive and hold property, both real and personal, and to rent, lease, mortgage, hypothecate, sell or otherwise dispose of the same. 2. The Board of Directors shall consist of the officers and Directors of the League. 3. The officers of the League shall be a President, Vice President, Treasurer, Past-President, (nine) eleven members at large, and an Executive (Secretary) Director, each of whom, with the exception of the Executive (Secretary) Director, shall hold an elective or appointment position in a city who is a participant in this agreement. The officers shall exercise the usual powers and duties incident to their offices and as provided herein. 4. All officers, except the Executive (Secretary) Director, shall be elected at the annual conference of the League for a term of one year and shall hold office until their successors are elected and qualified. The Executive (Secretary) Director shall be appointed by the Board of Directors and shall hold office at the pleasure of said committee. 2 5. Any vacancy in office shall be filled by appointment by the President, subject to the approval of the Board of Directors. 6. Meetings of the Board of Directors may be held at any time upon call of the President or of any three members. (Five members shall constitute a quorum.) A maaoriW of Incumbent members shall constitute a quorum. The members of the Board of Directors may vote either in person or by snail upon any issue submitted to the Committee. III. PROVISION OF FUNDS: 1. The cities shall provide the revenues for payment of expenses incurred in the performance of the functions and activities of the League by the payment of annual fees or assessments based upon the populations of the respective cities entering into this agreement, as established by the Board of Directors no later than January 1 of any calendar year the assessment is levied for the fiscal year beginning on July 1, in an amount sufficient to finance the expenses of the League for each year." 2. An annual charge, established by the Board of Directors, may also be made to separate boards or commissions of any city also desiring to participate in activities of the League. 3. The Board of Directors may also levy assessments, in addition to the annual fee or assessment, for maintenance of the Legislative Service Bureau, during sessions of the State Legislature. 4. The League may also make such other charges for direct services furnished to cities or others as the Board of Directors may approve. 5. Incidental income from any activity shall be devoted solely to the governmental purposes of the League and its member cities. No profit from any activity shall inure to the benefit of any private person, firm or corporation. 6. No funds shall be expended except upon a vote of the Board of Directors and in furtherance of the objects and purposes of the League. All funds, revenues and expenditures of the League shall be audited at least annually.5 IV. MEETINGS: 1. An annual conference of the League shall be held each year at the time and place to be determined by the Board of Directors. The program of the annual convention shall be arranged by or under the direction thereof. 2. Special meetings of the League may be called by the President or the Board of Directors at any time by giving notice to the Recorder, or other designated official, of each member city, at least ten (10) days prior to the date of the meeting. The notice shall state the purpose of the meeting. 3. Regional meetings may be called at any time by the President or Board of Directors for the benefit of city officials located in various sections of the state. Resolutions adopted at the regional meetings shall be forwarded to the Board of Directors. 4. All questions of parliamentary practice shall be decided according to Roberts Rules of Order, newly revised. 5. There shall be no limit upon the number of delegates to be sent by an member city to a meeting of the League. All delegates may be heard in debate, but each member city shall be entitled to only one vote. Each delegation shall select one of its members as chairperson to express or record its vote. V. EXECUTIVE (SECRETARY) DIRECTOR/EMPLOYEES: The Executive (Secretary) Director shall be the chief administrative officer of the League and be responsible to the Board of Directors for such duties as may be assigned by it. The League, through the Board of Directors, may employ such other employees as necessary to carry out the purposes, activities and functions of the League under this agreement. This agreement does not contemplate the transfer of any personnel.' VI. DURATION/TERM. The term of this agreement shall be perpetual.' The parties hereto shall have the right to terminate their participation herein as a party at any time, by ordinance or resolution forwarded io the Executive (Secretary) Director. The entire agreement may be terminated at any time by a two- thirds vote of the cities then participating.8 The agreement may be amended at any time, by agreement with each city participating by ordinance or resolution in the same manner as originally entered into. VII. RIGHTS UPON TERMINATION: Upon termination of the agreement the cities then participating shall mutually agree upon the transfer of personnel or the division of assets and liabilities between the parties and in the event that they are unable to agree, then venue shall be established in the Circuit Court of Multnomah, Marion, or Lane County to determine that transfer or divisions No city shall be liable, upon termination, for any dues, charges, assessments or other liabilities of any kind beyond the year in which such city ceases to participate or in which the agreement is terminated. VIII. EXECUTION: The resolution or ordinances of each participating city agreeing hereto shall be placed on file with the original of this agreement. The City of , a municipal corporation By: By: ATTEST: _ FOOTNOTES 1. Chapter 243 ORS 2 ORS 731.036 4 3. ORS 731.036 5 4. ORS 190.020 1 a 5. ORS 190.020 1 b 6. ORS190.020( 1 c 7. ORS 190.020 1 e 8. ORS 190.020 1 f) 9. ORS 190.020 2 MALOMPubllcadons\190 Apmt with revlolons.wpd 4 Resolution No. A RESOLUTION AUTHORIZING THE MAYOR AND _ OF THE CITY (Council if appropriate) OF TO EXECUTE AND ENDORSE AN AMENDMENT TO THE AGREEMENT WITH THE LEAGUE OF OREGON CITIES GOVERNING THE LEAGUE STATUS AS A UNIT OF LOCAL GOVERNMENT, SIMILAR TO OTHER COOPERATIVE INTERGOVERNMENTAL AGENCIES IN WHICH CITIES CREATE AND PARTICIPATE. WHEREAS, the Council has found that it is necessary and desirable to endorse and adopt an amendment to the agreement proposed by the League of Oregon Cities. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of that the Mayor and are hereby authorized to execute and endorse the agreement with the League of Oregon Cities of which the City of is a member, governing the League status as a unit of local government, similar to other cooperative intergovernmental agencies that cities create and participate in, all this in the State of Oregon, upon the terms and conditions as set forth in an agreement entitled "Intergovernmental Agreement of Oregon Cities," a copy of which is attached hereto as Exhibit "A," and incorporated by reference herein. Dated this day of , 20 (mayor) ATTEST: 5 To: Tigard From: League of Oregon Cities 11/14/01 04:37 PM 01/08 As some of you already know, during last week's League conference the League's Constitution was amended by adding two additional Directors to its Board as well as other simple word-smithing changes. None of the Constitutional changes reflect a change in the way the League functions or the relationship between the League and its members. Because of these constitutional changes, it it now necessaryfor member cities qf the League to approve the attached Resolution enacting an amended 190 Agreement for the League of Oregon Cities. All current members of the League enacted a similar agreement in the early 1980s. The 190 Agreement. is our "enactment document" and reflects under Chapter 190 of the Oregon Statutes that two or more cities can join to provide services for themselves through an association. Attached is the revised 190 Agreement and accompanying Resolution Ibr passage. We're asking that, at your next regularly scheduled council meeting, each City Council approve the new Resolution and sign the new 190 Agreement. Please Jbi-ward to our office Moth a copy of the Resolution and signed Agreement by January 1, 2002. We will also mail this information to all cities within the next week. If you'd like an electronic copy of the Agreement and/or Resolution, it is available on our web site at www orcitieti org./loc/About/izovernance.cri-ii. You can also find on the site the League's Constitution and Bylaws with the recent changes noted. Please contact our office if'you have any questions (503/588-6550 or 1-800-452-0338). ..(~"~-p GYM S~~ l01 AGENDA # 3..5 FOR AGENDA O F--1511 2001 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Inter overnmentat eement netween ui~ % IL ~l 11 a.., a.... Beaverton for the construction of a Water S ste ntertie PREPARED BY: Dennis Koellermeier DEPT HEAD OK CITY MGR OK ISSUE BEFORE THE COUNCIL Shall the City Council agree to enter into an Intergovernmental Agreement with the City of Beaverton for the construction of a water system intertie, and authorize the City imanager to sign such agreement? STAFF RECOMMENDATION Approve the Intergovernmental Agreement and authorize the City Manager to sign the agreement, approve payments, and approve contract change orders up to 20% of the contract price. INFORMATION SUMMARY This project was approved in the Water CIP portion of this fiscal year's budget, and was identified in our "Water Distribution System Hydraulic Study" adopted in May of 2000. Our project, when coupled with a similar project being built by the City of Beaverton, will intertie the water transmission systems of the two Cities and allow approximately 4 millions gallons per day of water produced by the Joint Water Commission, to be delivered to Tigard via Beaverton's system. The attached draft of the Intergovernmental Agreement has been reviewed and approved by both City staff and the City Attorney's office. It is in draft form because we are awaiting final edits from the Joint Water Commission staff, who may propose minor changes to the current language or including the Joint Water Commission as a partner in the agreement. These issues should be resolved by the December 11, 2001 City Council meeting and a final version of the agreement will be presented at that time. OTHER ALTERNATIVES CONSIDERED The traditional approach to construct this project would be to design, bid, and contract independently of the City of Beaverton. Our consulting engineers advise us that this traditional approach would cost Tigard an additional $20,000 in fees to the consultant and the contractor. VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY "Tigard Beyond Tomorrow" states a goal of "actively participating in regional development of drinking water sources." This project supports tht t goal by providing piping capacity to allow regionally developed water (Trask / Tualatin) to delivered to Tigard. In addition , by signing this Intergovernmental Agreement Tigard is forwarding our commitment to a cooperative relationship with Beaverton and the Joint Water Commision. ATTACHMENT LIST Attached are copies of the draft Intergovernmental Agreement, which has attachments consisting of • Exhibit A- existing Memorandum of Understanding between Tigard and the Joint Water Commission • Exhibit B- existing 1983 Intergovernmental Agreement between Tigard and Beaverton • Exhibit C- Project Map • Exhibit D- Proposal from MSA for Engineering services relating to the T igard/Beaverton Intertie Project o Exhibit E- Project Cost Allocation Chart FISCAL NOTES Project cost to Tigard is currently estimated at $221,548. Final cost will be subject to construction contract bidding, changes orders, etc. Current Budget approved for this project is $275,000. DRAFT 11/2 1/01 BEAVERTON/TIGARD INTERCONNECTION PIPELINE AND MASTER METER INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF BEAVERTON THE CITY OF TIGARD This agreement, dated , 2001, is between the CITY OF BEAVERTON (Beaverton) and the CITY OF TIGARD (Tigard). A. RECITALS WHEREAS, ORS 190.003 - 190.110 encourages intergovernmental cooperation and authorizes local government entities to delegate to each other authority to perform their respective functions as necessary; and WHEREAS, the City of Tigard desires to purchase drinking water by intergovernmental agreement from the Joint Water Commission (JWC), Beaverton's main supply agency, or from the City of Beaverton in a volume up to 4 million gallons per day, to supplement other sources of water for it customers; and, WHEREAS, the City of Tigard entered into a Memorandum Of Understanding (MOU) with the Joint Water Commission on May 18, 2001, attached as Exhibit "A", which includes a provision for Tigard to purchase water originating from the JWC upon consent of the JWC members and at rates and terms mutually agreed upon between Tigard and the JWC; and, WHEREAS, Tigard and Beaverton previously entered into an intergovernmental agreement on July 1, 1982, attached as Exhibit "B", for the purposes of supplying water between both parties; and, WHEREAS, The parties wish to design and construct an intertie pipeline, master meter and telemetry between Beaverton's water system and Tigard to provide water to the other party in either direction as indicated on the attached map Exhibit "C"; now, therefore IT IS AGREED: 1. Beaverton with Tigard's approval has awarded a professional services contract to Murray Smith and Associates (MSA) for design and construction engineering consultant. The scope of MSA's work is described on Exhibit "D" to this Agreement. Beaverton shall administer that contract but Tigard shall have the right to review and accept MSA's design work product including design drawings and construction specifications as to Tigard's portion of the Project. Page 1 of 5 - Beaverton/Tigard Water Intertie and Master Meter IGA 11.5.2001 DRAFT 11/2 1/01 2. Beaverton shall administer the bidding, contract award and construction of the Project, including review, approval and payment of progress payments to the construction contractor. Beaverton shall describe Tigard's portion of the Project on a separate bid schedule and invite bids on that work as a bid alternate to Beaverton's portion of the work. Tigard may review and approve the bid documents before Beaverton publishes those documents and calls for bids. Beaverton shall be named as the "Owner" of the Project on the construction contract documents including the surety bonds. 3. At its discretion, Tigard may participate in the pre-bid meeting, bid review and selection of the construction contractor and may review and approve all pay requests and progress payments administered by Beaverton as they apply to Tigard portion of the Project. Tigard shall defend Beaverton against and hold Beaverton harmless from any and all claims that the contractor may assert against Beaverton that are based on disapproval by Tigard of payment of any of the contract price. Beaverton will provide for all field inspection and Beaverton alone shall communicate with the construction contractor on the. Project. Tigard may review and provide oversight inspection of its own to monitor progress of the construction work. Each party shall finally inspect and accept its own portions of the Project. At Tigard's request and at Tigard's expense Beaverton shall cause changes to the construction work desired by Tigard, including change orders and directives for extra work to add to or modify the design for Tigard's portion of the work. Beaverton and Tigard each shall be responsible to operate its own water system, including actions necessary to coordinate with the construction contractor's work, for the duration of the Project. 4. The parties estimate the total construction cost of the Project to be $479,048 of which Tigard's portion is estimated to be $221,548, shown in attached Exhibit "E". Tigard reserves the right to reject any bid that exceeds that estimate as to Tigard's portion of the work and further reserves the right to reject any and all bids if Tigard's contract review board deems that the public interest so requires. If Tigard directs Beaverton to award Tigard's portion of the Project, Tigard will reimburse Beaverton for both (design and construction) engineering costs and for construction costs associated with the intertie connection piping from Tigard to the Tigard side of the proposed master meter and pressure reducing vault (as described on Page 2 of 4 in Exhibit "E"; and one-half of the equivalent cost of interconnection piping from the master meter and pressure reducing valve vault to the intersection of SW Barrows Road and Scholls Ferry Road. The cost of the latter section of interconnection piping is to more evenly distribute cost of the joint Project and since the master meter and pressure reducing valve vault was moved south of the initial location for design constraint reasons. Beaverton shall provide Tigard with as-built drawings acceptable to the City within three months of completion of the Project. Upon final completion and acceptance of the Project, permanent ownership and maintenance responsibilities for improvements that are constructed shall be allocated as follows: Page 2 of 5 - Beaverton/Tigard Water Intertie and Master Meter IGA 11.5.2001 DRAFT 11/2 1/01 • Tigard shall own and maintain the intertie connection piping from Tigard to the Tigard side of the proposed master meter and pressure reducing valve vault (as described on Page 2 of 4 of the engineering services Scope of Work in Exhibit "D" and; Beaverton shall own and maintain the master meter, pressure reducing valve, and vault and all piping on the Beaverton side of that vault. Water Sales Water to be purchased from Beaverton by Tigard shall be in accordance with the attached MOU Exhibit "A" and agreement Exhibit "B" and other applicable agreements between Beaverton and the Joint Water Commission. Rate methodology established in the 1982 agreement (Exhibit "B") is not applicable to the parties current circumstances. This Agreement replaces the rates provision of the 1982 agreement and any other valid previous agreements. The rate(s) shall Bee t the lChedManager b MOU of Tigard which setts eratesdforewat r by the Mayor of Beaverton and tY passing in either direction though all master meters. General Terms The paragraph headings contained in this Agreement are for ease of reference only and shall not be used in constructing or interpreting this Agreement. 1. Waiver and Amendment. No waiver of any portion of this Agreement and no amendment, modification or alteration of this Agreement shall be effective unless made in writing and signed by the authorized representative of each party. 2. Intemr tation of Agreement. This Agreement shall not be construed for or against any party by reason of the authorship or alleged authorship of any provision. 3. Term of Agreement. This Agreement takes effect on the date it is signed by the authorized representatives of the each city and shall remain in effect until completion by both parties of all their respective obligations under this Agreement unless the Agreement is earlier terminated by mutual agreement of the parties and in accordance with the terms of this Agreement. 4. Termination and Amendment. This Agreement may be terminated or amended by mutual written agreement of both parties. The Agreement shall run for a term of ten (10) years ending on December 31, 2011, and may continue thereafter indefinitely until cancelled by either party upon six (6) months prior written notice of intention to cancel. 11.5.2001 Page 3 of 5 - BeavertonyTigard Water Intertie and Master Meter IGA D11AFF 11/21/U 1 5. Dilute Resolution. If any dispute arising out of this Agreement cannot be resolved by the Beaverton and Tigard staff representatives, the matter will be referred to the staff representatives' respective supervisors for resolution. If the supervisors are unable to resolve the dispute within 30 days of referral, the matter will be referred to Beaverton's Mayor and Tigard's City Manager, who will attempt to resolve the issue. If these executive staff are not able to resolve the dispute, the parties will submit the matter to arbitration under ORS Chapter 34. Federal rules of discovery dnd evidence shall apply in any such arbitration. The decision of the arbitrator shall be final, binding and conclusive upon the parties and subject to appeal only as otherwise provided. in Oregon law. The parties shall continue in the performance of their respective obligations notwithstanding the dispute. Page 4 of 5 - Beaverton/Tigard Water Intertie and Master Meter IGA 11.5.2001 DRAFT 11/21/01 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed the day and year first written above. CITY OF TIGARD By: City Manager APPROVED AS TO FORM: By: Tigard Attorney CITY OF BEAVERTON By: Rob Drake, Mayor City Recorder APPROVED AS TO FORM: By: Beaverton Attorney Page 5 of 5 - Beaverton/Tigard Water Intertie and Master Meter ILIA 11.5.2001 23RAJLIILAJIDA i M MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding is made between the City of Tigard, an Oregon municipal corporation ("Tigard"), and the Joint Water Commission ("JWC"), an intergovernmental entity created pursuant to ORS Chapter 190. RECITALS A. JWC owns and operates a water storage facility, water treatment plant and water supply system ("System") that provides treated water to the distribution systems of its members to-wit: the City of Beaverton, an Oregon municipal corporation ("Beaverton)"; the City of Hillsboro, an Oregon municipal corporation ("Hillsboro"); the City of Forest Grove, an Oregon municipal corporation ("Forest Grove"); and the Tualatin Valley Water District, a domestic water supply district ("TV WD"). B. Each Member of the JWC has made various and sundry capital contributions to the JWC System and has an acquired ownership interests in the various components. Each Member has acquired and retained ownership of water rights, which are made available to the JWC for usage in the System. C. Tigard owns and operates a municipal water supply system within its City limits and also provides water service to the Cities of King City and Durham, and certain unincorporated areas within Washington County within the boundaries of the Tigard Water District. D. The Parties agree that mutual cooperation relating to planning for the development or expansion of water sources in the Tualatin River Basin and treatment and supply facilities for such water should result in greater efficiency and security of the water supply system to the benefit of all. AGREEMENT 1. Tigard and the JWC agree to cooperate in the planning, research, analysis, and development for expansion of water sources in the Tualatin River Basin and water supply facilities therefore that will provide mutual benefits to the parties. Cooperation may include interties between distribution systems, joint development of facilities that could provide service to the parties, the provision of surplus water by one party to the other, and the provision of emergency water supplies by one party to the other. 2. Tigard will support efforts to expand the Scoggins Reservoir or other Tualatin River Basin sources as part of the Regional Water Supply Plan and cooperation in the studies to determine the feasibility of such expansion, such as the current Integrated Water Resource Management Study Memorandum of Understanding dated May 18 , 2001 3. Tigard may become a member of JWC if Tigard applies for and obtains water rights for additional source water in the Tualatin River Basin and TWC, its Members, and Tigard are able to agree upon the terns of Tigard's membership in JWC. PAGE 1 - MEMORANDUM OF UNDERSTANDING o~~+~+ou.°°o 4. my capital projects that Tigard, JWC, and some or all of the Members may participate in prior to Tigard's membership in JWC, shall be constructed only after a Construction Agreement between Tigard, JWC, and the affected Members is executed. If Tigard withdraws from any capital project after completion, Tigard shall be paid according to the terms of the Construction Agreement or the JWC Membership Agreement, as applicable. 5. JWC agrees that if the System has surplus water available in excess of JWC's needs and those of its Members, it will sell water to Tigard upon consent of the Members. The Parties agree that prior to said sales, the amount, term and rate methodology shall be mutually agreed upon. 6. This Agreement may be terminated at any time by mutual agreement of the Parties. This Agreement may be terminated by any Party giving 12 months notice of termination. Notices required under this Agreement shall be went to: City of Tigard c/o Public Works Director 13125 SW Hall Blvd. Tigard, OR 97223 Joint Water Commission c/o General Manager City of Hillsboro 123 West Main, Room 250 Hillsboro, OR 97123 With a copy to each of the following entities: City of Beaverton c/o City Mayor 4755 SW Griffith Drive P.O. Box 4755 Beaverton, OR 97076 City of Hillsboro c/o City Manager 123 West Main, Room 250 Hillsboro, OR 97123 City of Forest Grove c/o City Manager P.O. Box 326 Forest Grove, OR 97116 Tualatin Valley Water District c/o General Manager 1850 SW 170th Avenue P.O. Box 745 Beaverton, OR 97075 7. The Parties agree that this Agreement may be expanded to include additional parties with the joint agreement of all parties to the agreement. Any amendment to this Agreement must be improved by the governing body of each body. 8. This Agreement shall be effective when signed by duly authorized representatives of the Parties. PAGE 2 - MEMORANDUM OF UNDERSTANDINGx%w.wc mmrw we ~ooiv&..tuwmt.&v.m r+t.a.a IN WITNESS WHEREOF, the Parties hereto have caused this Memorandum of Understanding to be executed by their respectively authorized officers or representatives as of the day and year first above written. CITY OF TIGAR.D JOINT WATER. COMMISSION B "ASA A. fayorgo- By' anager GG,,ener4a?VM- PAGE 3 - MEMORANDUM OF UNDERSTANDING C` 1.4w EXHIBIT 11 A G R E E M E N T This AGREEMENT, made and entered into this 1st day of July, 1982, by and between the TIGARD WATER DISTRICT, a municipal corporation of the State of Oregon, hereinafter called "TIGARD", and the CITY OF BEAVERTON, also a municipal corporation of the State of Oregon, hereinafter called "BEAVERTON". W I T N E S S E T K Tigard and Beaverton are each municipal corporations and are engaged in the supply of water for domestic purposes to the residents in their respective areas. Tigard is organized under the provisions of ORS 264; Beaverton is organized in accordance with State law and its city charter. Tigard and Beaverton have a 12-inch inter-tie at the common boundary, S.W. Scholls Ferry Road, near Springwood Drive. In the near future, another inter-tie will be made at the intersection of S.W. 135th and Scholls Ferry Road. Both Tigard and Beaverton are desirous of purchasing surplus water from the other for emergency purposes. For such purposes, both entities are willing to sell surplus water to the other at either point of connection at the common boundaries noted above. Therefore, in consideration of the covenants and conditions contained herein, the parties agree as follows: 1. Tigard agrees to furnish and sell water to Beaverton under the terms and provisions of this Agreement delivered at either point of connection noted previously. The obligation on the part of Tigard to sell and furnish water is subject to the following limitations. A. Under the provisions of ORS 264, Tigard can sell and furnish only surplus water and, should the demand of Tigard's customers at any time exceed Tigard's capacity to deliver water to them, it shall at that time have no obligation to furnish water to ~~•~L"'.) AGREEMENT Beaverton. B. Tigard's sources of water are the City of Lake Oswego, Oregon; the City of Portland, Oregon; and deep wells located within the district. The Cities of Lake Oswego and Portland have promulgated rules and regulations concerning the supply and use of water, and it is mutually understood and agreed between the parties hereto that, insofar as said rules and regulations are applicable hereto, Beaverton shall be bound by same. Such rules and regulations are by this reference made a part of this Agreement. 2. Beaverton agrees to furnish and sell water to Tigard under the terms and provisions of this Agreement delivered at either point of connection noted previously. The obligation on the part of Beaverton to sell and furnish water is subject to the following limitations: A. Beaverton is offering only surplus water to Tigard for emergency purposes and, should the demand of Beaverton's customers at any time exceed Beaverton's capacity to deliver water to them, it shall at that time have no obligation to furnish water to Tigard. B. Beaverton's major source of water is the Upper Tualatin-Trask River system controlled and operated under the jurisdiction of the Joint Utilities Commission of Hillsboro, Forest Grove and Beaverton. The Joint Utilities Commission has promulgated rules and regulations concerning the supply, sale and use of water, and it is mutually understood and agreed between the parties hereto that, insofar as said rules and Ligulations are applicable hereto, Tigard shall be bound by same. Such rules and regulations are by this reference made a part of this Agreement. 3. Both Tigard and Beaverton shall pay to the other party for water purchased a sum of money equal to the basic unit cost per 100 cubic feet of Bull Run water delivered as determined by Portland Water Bureau in its fiscal year Rate Ordinance for Service Area III (pumped transmission). For example: the current charge for water service furnished by the City of Portland for Service Area III is 63 cents per 100 cubic feet. Water furnished by either party pursuant to the provisions of this Agreement would cost 63 cents AGREEMENT - page 2 per 100 cubic feet. It is understood that any change in the rate made by the City of Portland for Service Area III, whether increased or decreased, shall work an appropriate increase or decrease in the rate and charges made hereunder. The parties agree that there shall be no stand-by charges or minimum charges. Shall the water meter(s) fail to register accurately the quantity of water passing through it, the charges for water delivered during the period of inaccuracy shall be estimated and agreed to by both parties from data showing the average daily volume of water passing through the meter(s) when operating accurately. This Agreement shall be for a term of ten (10) years ending on June 30, 1992, and may continue thereafter indefinitely until cancelled by either party upon giving to the other six (6) months prior written notice of this intention to cancel. This Agreement shall supercede all other agreements currently in effect. IN WITNESS WHEREOF the parties hereto have caused these presents to be executed as of the day and year first above written. TIGARD WATER DISTRICT QL'ej'--"e4e Date: By: hairman Board of Commissioners ATTEST: ecretary Board of Commissioners CITY OF BEAVERTON, OREGON Date: v ATTEST: Mayor C t e rderJ City of Beaverton AGREEMENT - page 3 OS R ~a l A _ Lu U M ! . r~ m .aastl. r-oa~'a..-T ' _ _ _ llF;;f W---- imnOO H1691 MS tI tt ~ ~t eta 11l~r(1'~! sb°. t' ' .•~et ~ lt' ir; 9Q #r-1 R, :~_-•w" ~ !3 t ~!a •ii . T 1 yi 4, 1~ ♦•..4,r.~r+•.• ~~'•C~ .p !.r LAS" cc 6tUdA bey s.. X ba ~!!Ir JN it % Pon i ~ R , ,~t any % hr, .0 aj `r6 • e Vii, o s iY• p O ~ .v 00 \ y v, t 00 LO ~t G ~S ills NOOI MS r - h 3-,Ui Oy~ll~a o ¢o t _ a QO M, F ~ N a 3c i LO a Bz E ZL) 0 MN ~ m LO 0 h N JAY M MIS a a- w•ny~ - 0Ivj~'~* IL =a • + UL6Z'HO! a Lo, 'l 12 1s ih; c co 't O r a rW R ;"'i,`a i ila r Y ~4 8ZltO! OVOH XVHSOH 4-4 - 75 C'S e s INHIBIT 661)99 121 SX. W M, Suite 900 s rV&A 97204--z9- ! PHONE 503.225.9010 C _FAX 505.235_9022 October 15, 2001 Mr. David Winship, PE, PLS, WRE City of Beaverton Engineering Department P.O. Box 4755 Beaverton, Oregon 97076-4755 Re: Proposal for Engineering Services for Beaverton and Tigard Intertie - SW Barrows Road Piping Improvements Dear David: Please find attached our proposal for the above referenced project. As discussed, our Fiscal Year 2000/2001 - Water Works Improvements - Unit 1 service agreement includes the City of Beaverton's portion of efforts for the design of a meter and pressure reducing valve (PRV) vault to facilitate an additional water system intertie with the City of Tigard. This proposal addresses the engineering services necessary for the completion of the City of Tigard's portion of the joint project. These proposed intertie piping improvements would connect the vault to the City of Tigard's distribution system. This proposal will allow both the vault and piping improvements to be incorporated into a single contract document. It is understood that the City of Beaverton will prepare an Intergovernmental Agreement (IGA) for execution with the City of Tigard regarding the costs of design, construction and ownership of the proposed intertie piping improvements. Attached to the scope of work are our Labor Hour and Fee Summary and proposed schedule. We will accomplish this work on a time and expenses basis according to the Schedule of Charges as included in our current Retainer Agreement with the City that is also attached. This authorized work will be completed for the not to exceed total amount of $44,704 for all tasks identified in the attached revised scope of work, which includes a $3,500 contingency. It is our understanding that the City will prepare a contract for personal services once City Council approval is obtained. F:~owee.~~ncoe~cor urn wbw~p ~atso~.a: Mr. David Winship, PE, PLS, WRE October 15, 2001 Page 2 also Again, we look forward to completing o this work and the City of'T~ag~d fey u you, look forward to continued work with have any questions, please do not hesitate to call. Thank you. Sincerely, MURRAY, SMITH & ASSOCIATES, INC. Troy ~~rs, P.E. Vice es nt Enclosures Cc: Dennis Koellermeier, City of Tigard JSJ:kgs SCOPE OF WORK CITY OF BEAVERTON ENGINEERING SERVICES FOR ARROWS ROAD PIPING BEAVERTON AND TIGA ~R® NgENTS October 15, 2001 ing This scope of work is for services related smetere and design and reducing valve PRV) vaulland between a proposed City of Beaverton pressure the roposed meter an the City of Tigard's water distribution system. Cinnrovementshwill City's e a p oposed newd PRV vault project, the proposed inter-tie piping P water system connection between the Cities Beaverton and Tigard. below followed byhthe proposeds opee proposed intertie and project description is p of services. Project Background and Description luring the winter of 1999, the City of Tigard had an emergency water supply condition in which the Tigard's primary sources of water supply, the City of Portland and the City of Lake Oswego, were both unavailable to supply water to the City. The City of Portland was unable to provide supply due to high turbidity in Bull Run watershed. The City of Lake Oswego was unable to provide supply because the connection to the City of Tigard was out of service 135 due to construction of improvements to that connection. The City of Beaverton was able to interties at supply Tigard in this emergency situation through two existing rmetan~SW Scholls Ferry Avenue and SW Scholls Ferry Road and at SW Spring Road. Subsequent to the 1999 emergency water supply condition, hydraulic analyses were conducted to evaluate the existing interties and to develop a potential new intertie site. From these analyses, it was recommended that a new intertie connection be constructed near the intersection of SW Scholls Ferry Road and SW Barrows Road that will connect Beaverton's 550-foot pressure zone to Tigard's 410-foot pressure zone. The hydraulic analysis also recommended that the pipeline size be 16-inches in diameter. The proposed intertie will be capable of providing higher flows than the existing connections and will facilitate potential long-term supply scenarios. H `n The City will design and construct the intertie connection piping between Beaverton and Tigard's distribution system on behalf of the City of Tigard and as authorized by an a Intergovernmental Agreement between the two cities. The City of Tigard will reimburse the City of Beaverton for the design and construction of piping improvements as described W below. The City of Beaverton is currently designing the combined meter and pressure ,a reducing valve (PRV) vault along with the piping on the Beaverton side of the connection. The intertie piping improvements and the meter and PRV vault work will be separate bid Ialsrol MURRAY, SMITH & ASSOCIATES, INC. page t of4 RNSO1B"%=t0Q%COB-C0T Jrscdiescopc orsenr rA.&a Engineers/Planners schedules within a single, combined bid package with the project being administered by the City of Beave_ Mn. The intertie connection piping will consist of approximately 1,350 feet of 16-inch diameter ductile iron pipe. The pipe alignment will run along SW Barrows between SW Roshak Road and SW 160`h Avenue for approximately 1,150 feet, turning south on 1600' Avenue for approximately 200 feet to SW Bulrush Lane where it will connect to the City of Tigard's system. Scope of Services The scope of services for the contemplated work is presented below. Task I - Assess Existing Conditions A. Collect and analyze construction records, system mapping and system schematics of City water system and other utilities along SW Barrows Road and SW 160" Avenue. ' B. Receive topographic design survey of site as completed in Task 2 as needed to verify existing bounds, topography, features and location of improvements. C. Perform potholing utilizing vacuum excavation techniques to verify underground utilities in order to avoid conflicts. It is anticipated that up to six holes will be excavated. D. Develop complete site map of existing right-of-way pavement, landscaping features and utilities for use in designing the intertie piping improvements. Task 2 - Design Survey Work under this task includes the completion of a design survey to be used for developing base mapping needed for project design efforts. Services under this task include integrating the survey with base mapping previously developed for the meter/PRV vault design by the City. Task 3 - Plans, Specifications and Estimates A. Prepare plans and specifications for the intertie piping improvements and incorporate with the previously identified meter and PRV contract documents. It is anticipated that the plans, separate of the meter and PRV vault portion of the project, will consist of a title page, general reference page, 3 plan and profile sheets, and 2 detail sheets, for 7 sheets total. Plan and profile sheets will be drawn at a horizontal scale of 1" = 20'. 10/15roi MURRAY, SMITH & ASSOCIATES, INC. F:l:IMBuverWW COS.Car 4tatid~Sc of SUVICCS.doe Engineers/Planners Page 2 of 4 B. Obtain City and County street opening permits. It is noted that SW Barrows Road is a Washington County Road and, as such, a County permit will be required within SW Barrows Road right-of-way. Any fees or bonds to be provided by the City. C. Complete land use pre-application process including meeting with Beaverton City staff to determine permitting requirements for completing piping placement. D. Prepare a construction cost estimate for the work designed under this task. E. Incorporate the work designed under this task into the meter and PRV vault draft contract document package suitable for bidding and submit 5 additional sets to the Cities of Tigard and Beaverton for review. Revise as requested. F. Print and bind up to 35 total copies of the final contract documents and deliver to Cities. It is understood'that this task will be shared with the corresponding printing task for the meter and PRV vault portion of the project. G. Print 5 additional copies of full size plans and deliver to the Cities of Tigard and Beaverton for their use. Task 4 - Bidding and Award Assist the City as requested. Respond to bidder inquiries during the bid period. Attend mandatory pre-bid meeting. Review Contractor qualifications. Prepare addenda as needed. Review bid results and make a contract award recommendation. Task 5 - Services During Construction Under this task, limited scope services will be performed during construction. It is assumed that the City will perform the contract administration work and MSA will provide the support to City staff as requested. The scope of these services as they apply to the Tigard work is proposed to be as follows: A. Coordinate preconstruction conference and prepare Notice to Proceed. B. Review and approve submittals required of the Contractor. C. Review construction surveying completed by the City of Beaverton. iaisroI MURRAY, SMITH & ASSOCIATES, INC. FA8Meav=Wd C0B.CGr to c*%Scope of Sor =.doc Engineers/Planners Page 3 of 4 D. Perform periodic site visits to review the work. It is anticipated that up to 18 labor hours will be provided for this construction observation work. Prepare inspection reports documenting visits and observations. Submit to City. E. Review Contractor's monthly progress payment request as they apply to Tigard work with City staff. Prepare and submit Tigard's portion of the monthly progress payment report to the City of Beaverton. F. Conduct final inspection of the work and make recommendation to the City for final payment. G. Complete drawings of record. Provide one full size set of reproducible mylar drawings and one electronic copy. 10/15 MI MURRAY, SMITH & ASSOCIATES, INC. FA8DVkaVW0Q COB-COT htwic%Scopo of serAm.doe Engineers/Planners Page 4 of 4 0 a a a a 0 x a 0 o~ d a z H d W ~a 0 r. z w 0 a 0 a 0 d °a 3 d Ca 3 a d 0 a z d z 0 a d w as a w w t9 w w h 2000 SCHEDULE OF CHARGES Personnel: Senior Principal $123.00 Principal 113.00 Associate 103.00 Senior Engineer 98.00 Engineer V 89.00 Engineer IV 84.00 Engineer III 78.00 Engineer II 74.00 Engineer I 66.00 Senior Technician 75.00 Technician 62.00 Junior Technician 48.00 Administrator 55.00 Clerical 44.00 Project Expenses: Expenses incurred in-house which are directly attributable to the project will be invoiced at actual cost. These expenses include the following: Computer Aided Design and Drafting System $10.00/hr Mileage 0.35/mile Long Distance Telephone At Cost Lodging and Subsistence At Cost Postage At Cost Printing and Reproduction At Cost Outside Services: Outside technical, professional and other services will be invoiced at actual cost plus 10 percent to cover administration and overhead. 1/00 RETAINER AGREEMENT This is an agreement between the City of Beaverton, an Oregon municipal corporation, PO Box 4755, Beaverton OR 97076-4755 and MURRAY, SMITH & ASSOCIATES, INC. by which Consultant for a certain duration to be available to City on City's request to perform UTILITY INFRASTRUCTURE IMPROVEMENT SERVICES work with the personnel and for the fees described in Consultant's proposal attached as Exhibit A to this Retainer Agreement. 1. Term. Consultant agrees to make the personnel described in Exhibit A (or replacement personnel with equivalent qualifications satisfactory to City) available to perform the services described at the fees listed in that Exhibit upon notice by City if laotice is delivered to Consultant at any time on or before JUNE 30, 2002. 2. Scope of Work; Compensation. The scope of the work to be performed by Consultant, the schedule for performing such work and the total compensation to be paid by City for the work shall be mutually agreed between City and Consultant following City's notice; provided, that if the parties have not mutually agreed to those terms and reduced them to writing within 30 days of City's notice, both parties' rights and obligations under this Retainer Agreement shall terminate. No compensation is due either party in consideration of this Retainer Agreement. 3. Insurance. Consuitant agrees that no work for City shall commence until Consultant has provided proof satisfactory to the City of Commercial General Liability and Automobile Liability insurance with limits no less than $1,000,000 per occurrence; workers' compensation and employer's liability insurance as required by state law; professional liability insurance appropriate for the consultant's profession and the type and size of job. The City, its officers, officials, agents, volunteers, and employees shall be covered as additional insured on the general liability and automobile liability policies. Consultants shall furnish the City with certificates and original endorsements effecting this coverage when signing the City's Personal Services Contract. Each policy required by the contract shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty days prior written notice by certified :nail, return receipt requested, has been given to the City. 4. Indemnity and Hold Harmless. Consultant shall agree to indemnify, defend and hold the City, its officers, officials, boards, commissions, employees, volunteers, and agents harmless from and against all claims, damages, suits, costs, judgments, losses, and expenses including legal fees, attributable to a negligent act, error or omission of Consultant in its performance of the professional services for the City. 5. Modifications. Modifications of this Retainer Agreement shall not be effective unless reduced to wrWng and signed by both parties. CITY OF BY: TITLE: DATE: APPROVED AS TO FORM Y„ SMITH & ASSOCIATES, INC. BY: TITLE: t~/ City Attorney b0 13AXHIBIT EA Water Interne Pipeline and Master Meter Intergovernmental Agreement Between the City of Beaverton and the City of Tigard mil 1 1 1 ~7 r z a w r• , ~x'rlt0~' a o St 6 1 ' Di 51'!41"x: toa Engineering 505-75-3620-683 (1) $44,074 $47,048 Tigard Construction 505-75-3620-682 (1) $177,474 $174,500 Engineering 505-75-3620-683 (1) $21,500 $21,500 Beaverton Construction 505-75-3620-682 (1) $236,000 $136,000 Total $479,048 $379,048 (1) Source of funding is the Water Construction Fund, Program: Water Extra-Capacity Supply System, New Interconnection /Meter to City of Tigard. Total budgeted for FY 01-02 in 505-75-3620 for this project is $100,000. 0 Engineering $44,074 Ti d gar Construction $177,474 Subtotal $221,548 Engineering $21,500 ton B - eaver Construction $236,000 Subtotal $257,500 ICA FundlrVACoal Shan Flan abM SA2001 Mal0rp vOc%avW d 10'5001 AGENDA ITEM # 4 FOR AGENDA OF December 11, 2001 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Ordinance Amending Chapter 14.04 of the Tigard Municipal Code - PREPARED BY: Gary Lampella DEPT HEAD OK MGROK ISSUE BEFORE THE COUNCIL An Ordinance amending Chapter 14.04 - Building Code, of the Tigard Municpal Code to reflect re-numbering of various Oregon Revised Statutes and Oregon Adminstrative Rule. Other amendments are the result of past building code changes and unnecessary language in the TMC. STAFF RECOMMENDATION Approve the Ordinance as shown in "Attachment 1." INFORMATION SUMMARY From time to time, new ORS and OAR sections are added and deleted as a result of an Oregon Legislative Session. This causes any reference to these laws to conflict with references found in the TMC. Staff has reviewed Chapter 14.04 of the TMC and made changes where there was a conflict. Additionally, various sections of the specialty codes are amended every three years and Section 14.04.030 (a) (4) and (5) have been deleted due to the adoption of Hazardous Process Piping in the mechanical code on October 1, 1999. Section 14.04.030 (b) has been amended to omit the requirement for the City Recorder to maintain copies of all the State adopted specialty codes. The Building Division as well as the Library have copies of these codes that are avaiable to the public upon request. Section 14.04.060 is being deleted in its entirety. The code specifically exempts Group R, Division 3 and U Occupancies from this requirement (single-family dwellings and garages). The Building Division staff issue hand written Residential Certificates of Occupancy at the time of the final approved inspection. OTHER ALTERNATIVES CONSIDERED N/A VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY N/A ATTACHMENT LIST Ordinance amending Chapter 14.04 of the Tigard Municipal Code. FISCAL NOTES N/A AGENDA ITEM # Jr FOR AGENDA OF December 11, 2001 CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE Revisions to Tigard Mumci al 'ode Ulig ter is.uy tteimousement ijistncts AW3 PREPARED BY: G N Be= DEPT HEAD OK A P Duenas CITY MGR OK W A Monahan ISSUE BEFORE THE COUNCIL Shall the City Council approve proposed revisions to Tigard Municipal Code Chapter 13.09? STAFF RECOMMENDATION That City Council approve the attached Ordinance adopting the proposed revisions to Tigard Municipal Code Chapter 13.09. INFORMATION SUMMARY Chapter 13.09 Reimbursement Districts, (attached) enables the City to recover the cost of constructing local public sewers by charging each owner within the district a reimbursement fee when the owner connects to the sewer. In addition, the owner must also pay a system development charge (connection fee) of $2,300 plus $35 for inspection at the time of connection. By statute, system development charges may only be used for certain capacity improvements such as increasing the capacity of the treatment plant and constructing the large sewer lines leading to the plant. On September 25, 2001, City Council approved revisions that allow the City to recover its cost of administering reimbursement districts and authorized purchasing an easement from an owner within a proposed district. This proposed revision is as recommended in the attached letter from the City Attorney's office. The purpose of the proposed revision is to clarify that the reimbursement fee is not a system development charge. These revisions are included in the attached proposed Ordinance amending Chapter 13.09. OTHER ALTERNATIVES CONSIDERED None N/A VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY ATTACHMENT LIST Tigard Municipal Code Chapter 13.09, Reimbursement Districts Proposed Ordinance Memorandum from the City Attorney's office dated November 15, 2001 FISCAL NOTES Reimbursement districts are funded through the Neighborhood Sewer Extension Program in the annual Capital Improvement Program. For FY 2001-02, the amount allocated for the formation of districts is $2,000,000. 1.WyW10e4Wk9*bM b OM 13.07.120(3) 6400 RAM- LS-CREW CORRIGAN & ]BACHRA.CH LLP Practicing as Htbbard Caldwell Schultz Ratnis & Crew in Oregon City ATTORNEYS AT LAW 1727 N.W. Hoyt Street Portland. Oregon 97209 (503) 222-4402 Fax: (503) 243-2944 TO: FROM: DATE: RE: r O V Z 6 2001 MEMORANDUM William A Monahan, City Manager, City of Tigard Jim Hendryx, Community Development Director Gus Duenas, City Engineer Timothy V. Ramis, Gary Firestone, City Attorney's Office November 15, 2001 Reimbursement District Code Provisions istricts The City's reimbursement district code provisions areintended of aoloset cal pimp ov ementeasses ment~the alternative to local improvement. As charge systems reimbursement payment under the reimbursement 'subject thee procedural irules applicable to SDC s ORS 223 299. development charge and therefore not sub~ SDC At a recent seminar, we heard an attorney refer to a reimbursement reimbursement payment payment is p . We reviewed the City's code to determine whether the City's a charge considered to be a charge in lieu of a local improvement o isit could andsihouldrbeoclarifi do D~ Although we conclude that the code 1s defensible lace or d is in additi 13.09.120(3) provides: "The reimbursement fee~e o~CO~~ nd thatthis provision be amended to read any other fees or charges collected by the city." C3*. The reimbursement fee is in lieu of a local improvement district charge for the improvements installed pursuant to the reimbursement district agreement. The reimbursement fee is not intended to replace or limit any other fee or charge collected by the city. G:\muni\Tigard\reimb 111401.wpd TIGARD MUNICIPAL CODE Chapter 13.09 REIMBURSEMENT DISTRICTS Sections: service to property, other than property owned by the person, and who applies to the City for reimbursement for the expense of the improvement. The "applicant" may be the City. 13.09.010 Definitions 13.09.020 Application for a Reimbursement District 13.09.030 City Engineer's Report 13.09.040 Amount to be Reimbursed 13.09.050 Public Hearing 13.09.060 Notice of Public Hearing 13.09.070 City Council Action 13.09.080 Notice of Adoption of Resolution 13.09.090 Recording the Resolution 13.09.100 Contesting the Reimbursement District 13.09.105 Final Public Hearing 13.09.110 Obligation to Pay Reimbursement Fee 13.09.115 Annual Fee Adjustment 13.09.120 Administration 13.09.010 Definitions (1) "City Engineer" or "Engineer" means the person holding the position of City Engineer or any officer or employee designated by that person to perform duties stated within this chapter. (2) "City" means the City of Tigard. (3) "Person" means a natural person, the person's heirs, executors, administrators, or, assigns; a firm, partnership, corporation, association or legal entity, its or their successors or assigns; and any agent employee or any representative thereof. (4) "Applicant" means a person, as defined in subsection (3), who is required or chooses to finance some or all of the cost of a street, water or sewer improvement which is available to provide (5) "Street Improvement" means a street or street improvement conforming with standards in the Tigard Community Development Code and including but not limited to streets, storm drains, curbs, gutters, sidewalks, bike paths, traffic control devices, street trees, lights and signs and public right-of-way. (6) "Water Improvement" means a water or water line improvement conforming with standards in the Tigard Community Development Code and including but not limited to extending a water line to property, other than property owned by the applicant, so that water service can be provided for such other property without further extension of the line. (7) "Sewer Improvement" means a sewer or sewer line improvement conforming with standards in the Tigard Community Development Code and including but not limited to extending a sewer line to property, other than property owned by the applicant, so that sewer service can be provided for such other property without further extension of the line. (8) "Reimbursement District" means the area which is determined by the City Council to derive a benefit from the construction of street, water or sewer improvements, financed in whole or in part by the applicant and includes property which has the opportunity to utilize such an improvement. (9) "Reimbursement Fee" means the fee required to be paid by a resolution of the City Council and the reimbursement agreement. (Ord. 96-13; Ord. 94-10) 13-09-1 Code Update: 10/01 TIGARD MUNICIPAL CODE 13.09.020 Application for a Reimbursement District of the cost of labor and materials, or other evidence satisfactory to the City Engineer. (1) Any person who is required to or chooses to finance some or all of the cost of a street, water or sewer improvement which is available to provide service to property, other than property owned by the person, may, by written application filed with the City Engineer, request that the City establish a reimbursement district. The street, water and sewer improvements must include improvements in addition to or in a size greater than those which would otherwise ordinarily be required in connection with an application for permit approval and must be available to provide service to property other than property owned by the applicant. Examples include but shall not be limited to full street improvements instead of half street improvements, off site sidewalks, connection of street sections for continuity, extension of water lines and extension of sewer lines. The City may also initiate formation of a reimbursement district. The application shall be accompanied by a fee, as established by resolution, sufficient to cover the cost of administrative review and notice pursuant to this Chapter. (2) The application shall include the following: (a) A description of the location, type, size and cost of the public improvement to be eligible for reimbursement. (b) A map showing the properties to be included in the proposed reimbursement district; the zoning district for the properties; the front footage or square footage of said properties, or similar date necessary for calculating the apportionment of the cost; and the property or properties owned by the applicant. (c) The estimated cost of the improvements as evidenced by bids, projections (d) The estimated date of completion of the public improvements. (e) Applicant may request a discretionary annual fee adjustment, which, if granted, will be administered pursuant to Section 13.09.115. (Ord. 96-13; Ord. 94-10) 13.09.030 City Engineer's Report The City Engineer shall review the application for the establishment of a reimbursement district and evaluate whether a district should be established. The Engineer may require the submittal of other relevant information from the applicant in order to assist in the evaluation. The Engineer shall prepare a written report for the City Council, considering and making recommendations concerning the following factors: (a) Whether the applicant will finance some or all of the cost of a street, water or sewer improvement, thereby making service available to property, other than property owned by the applicant; (b) The area to be included in the reimbursement district; (c) The estimated cost of the street, water or sewer improvements within the area of the proposed reimbursement district and the portion of the cost for which the applicant should be reimbursed; (d) A methodology for spreading the cost among the parcels within the reimbursement district and where appropriate defining a"unit" for applying the reimbursement fee to property which may, with City approval, be partitioned, altered, modified, or subdivided at some future date. The 13-09-2 Code Update: 10/01 TIGAIZI)MIJNICIPAL CODE methodology should include consideration of the cost of the improvements, prior contributions by property owners, the value of the unused capacity, rate-making principles employed to finance public improvements, and other factors deemed relevant by the City Engineer. Prior contributions by property owners will only be considered if the contribution was for the same type of improvement and at the same location (example: a sewer-related contribution in the same location as a sewer improvement would be considered, a water-related contribution in the same location as a sewer improvement would not be considered); City, the costs to be reimbursed for right of way shall be limited to the reasonable market value of land or easements purchased by the applicant from a third party to complete off-site improvements. (Ord. 01-11A§2) (2) No reimbursement shall be allowed for financing costs, permits or fees required for construction permits, land or easements dedicated by the applicant, costs which are eligible for traffic impact fee credits or systems development charge credits, or any costs which cannot be clearly documented. (e) The amount to be charged by the City for administration of the district by the City. The administration fee shall be fixed by the City Council and will be included in the resolution approving and forming the reimbursement district. If the applicant is other than the City, the administration fee is due and payable to the City at the time the agreement in Section 13.09.070(2) is signed. If the City is the applicant, the administration fee shall be included in the reimbursement fee and is due and payable at the time there is an obligation to pay the reimbursement fee as required by Section 13.09.110. (Ord. 01-11A §1) (f) The period of time that the right to reimbursement exists if the period is less than fifteen years. (Ord. 96-13; Ord. 94-10) 13.09.40 Amount to be Reimbursed (1) The cost to be reimbursed to the applicant, if other than the City, shall be limited to the cost of construction, engineering, and off-site right of way. If the applicant is the City, the costs to be reimbursed shall also include an administration cost and all costs associated with the acquisition of easements and rights of way. Engineering shall include surveying and inspection and shall not exceed 13.5% of eligible construction cost. If the applicant is other than the (3) No reimbursement shall be allowed for construction costs that occur prior to the formation date of the reimbursement district. (4) Reimbursement for legal expenses shall be allowed only to the extent that such expenses relate to the preparation and filing of an application for reimbursement, and to working with the City through the Engineer's Report and formation public hearing stages of an application. (5) A reimbursement fee shall be computed by the City for all properties which have the opportunity to utilize the improvements, including the property of the applicant for formation of a reimbursement district. The applicant for formation of the reimbursement district shall not be reimbursed for the portion of the reimbursement fee computed for the property of the applicant. (Ord. 96-13; Ord. 94-10) 13.09.050 Public Dearing (1) Within a reasonable time after the City Engineer has completed the report required in Section 13.09.030, the City Council shall hold an informational public hearing in which any person shall be given the opportunity to comment on the proposed reimbursement district. Because formation of the reimbursement district does not 13-09-3 Code Update: 10/01 T'IOARD MUNICIPAL CODE result in an assessment against property or lien against property, the public hearing is for informational purposes only and is not subject to mandatory termination because of remonstrances. The City Council has the sole discretion after the public hearing to decide whether a resolution approving and forming the reimbursement district shall be adopted. Manager to enter into an agreement with the applicant pertaining to the reimbursement district improvements. The agreement shall be contingent upon the improvements being accepted by the City. The agreement, at a minimum, shall contain the following provisions: (a) The public irriprovement(s) shall meet all applicable City standards. (2) Repealed by Ord. 96-13. (Ord. 96-13; Ord. 94-10) 13.09.060 Notice of Public Hearing Not less than 10 nor more than 30 days prior to any public hearing held pursuant to this Chapter, the applicant and all owners of property within the proposed district shall be notified of such hearing and the purpose thereof. Such notification shall be accomplished by either regular mail or personal service. If notification is accomplished by mail, notice shall be mailed not less than 13 days prior to the hearing. Notice shall be deemed effective on the date that the letter of notification is mailed. Failure of the applicant or any affected property owner to be so notified shall not invalidate or otherwise affect any reimbursement district resolution or the City Council's action to approve the same. (Ord. 94- 10) 13.09.070 City Council Action (1) After the public hearing held pursuant to Section 13.09.050, the City Council shall approve, reject or modify the recommendations contained in the City Engineer's report. The City Council's decision shall be embodied in a resolution. If a reimbursement district is established, the resolution shall include the City Engineer's report as approved or modified. (2) When the applicant is other than the City, the resolution shall instruct the City (b) The estimated total amount of potential reimbursement to the applicant. (c) The applicant shall defend, indemnify and hold harmless the City from any and all losses, claims, damage, judgments or other costs or expense arising as a result of or related to the City's establishment of the district. (d) The applicant shall acknowledge that the City is not obligated to collect the reimbursement fee from affected property owners. (e) Other provisions as the City Council determines necessary and property to carry out the provisions of this Chapter. (3) If a reimbursement district is established by the City Council, the date of the formation of the district shall be the date that the City Council adopts the resolution forming the district. (4) The City Council resolution and reimbursement agreement shall determine the boundaries of the reimbursement district and shall determine the methodology for imposing a fee which considers the cost of reimbursing the applicant for financing the construction of a street, water or sewer improvement within the reimbursement district. (Ord. 96-13; Ord. 94-10) 13.09.080 Notice of Adoption of Resolution The City shall notify all property owners within the district and the applicant of the 13-09-4 Code Update: 10/01 TIGARD MUNICIPAL CODE adoption of a reimbursement district resolution. The notice shall include a copy of the resolution, the date it was adopted and a short explanation of when the property owner is obligated to pay the reimbursement fee and the amount of the fee. (Ord. 94-10) 13.09.090 Recording the Resolution The City Recorder shall cause notice of the formation and nature of the reimbursement district to be filed in the office of the County Recorder so as to provide notice to potential purchasers of property within the district. Said recording shall not create a lien. Failure to make such a recording shall not affect the legality of the resolution or the obligation to pay the reimbursement fee. (Ord. 94-10) 13.09.100 Contesting the Reimbursement District exception may be approved only if the applicant can show legitimate circumstances beyond the control of the applicant which cause the cost increase. (3) Within a reasonable time after the City Engineer has completed the report required in subsection (1), the City Council shall hold an informational public hearing in which any person shall be given the opportunity to comment on the recommended revisions. (4) Failure to provide the documentation required by this section shall result in the automatic lapse of any resolution adopted by the City Council pursuant to section 13.09.050. Following the final public hearing provided for herein, and subject to the limitations provided for herein, the City Council shall have the authority to approve, rescind, or modify the reimbursement district. (Ord 96-13) No legal action intended to contest the formation of the district or the reimbursement fee, including the amount of the charge designated for each parcel, shall be filed after 60 days following adoption of a resolution establishing a reimbursement district. (Ord. 94-10) 13.09.105 Final Public Hearing (1) Within three months after completion and acceptance of the improvements, the applicant shall submit to the City Engineer the actual cost of the improvements as evidenced by receipts, invoices or other similar documents. The City Engineer shall review the actual costs and shall prepare a written report for the City Council recommending revisions to the report prepared under 13.09.030. (2) The final cost shall not exceed by more than 10% the cost estimated at the time of reimbursement district formation unless an exception is approved by the City Council. An 13.09.110 Obligation to Pay Reimbursement Fee (1) The applicant for a permit related to property within any reimbursement district shall pay the City, in addition to any other applicable fees and charges, the reimbursement fee established by the Council, if within the time specified in the resolution establishing the district, the person applies for and receives approval from the City for any of the following activities: building; (a) A building permit for a new (b) Building permit(s) for any addition(s), modification(s), repair(s) or alteration(s) of a building, which exceed twenty- five percent (25%) of the value of the building within any 12-month period. The value of the building shall be the amount shown on the most current records of the County Department of Assessment and Taxation for the building's real 13-09-5 Code Update: 10/01 TIGARD MUNICIPAL C"0I3P- market value. This paragraph shall not apply to repairs made necessary due to damage or destruction by fire or other natural disaster; (c) Any alteration, modification or change in the use of real property, which increases the number of parking spaces required under the Tigard Community Development code in effect at the time of permit application; (d) Connection to or use of a water improvement, if the reimbursement district is based on the water improvement; (e) Connection to or use of a sewer improvement, if the reimbursement district is based on the sewer improvement; (f) Connection to or use of a street improvement, if the reimbursement district is based on the street improvement. (2) The City's determination of who shall pay the reimbursement fee is final. Neither the City nor any officer or employee of the City shall p?,::ent of any reimbursement fee or . -,-r portion thereof as a result of this determination. (3) A permit applicant whose property is subject to payment of a reimbursement fee receives a benefit from the construction of street improvements, regardless of whether access is taken or provided directly onto such street at any time. Nothing in this ordinance is intended to modify or limit the authority of the City to provide or require access management. (4) No person shall be required to pay the reimbursement fee on an application or upon property for which the reimbursement fee has been previously paid, unless such payment was for a different type of improvement. No permit shall be issued for any of the activities listed in subsection 13.09.1 10(l) unless the reimbursement fee has been paid in full. Where approval is given as specified in subsection 13.09.110(1), but no permit is requested or issued, then the requirement to pay the reimbursement fee lapses if the underlying approval lapses. (5) The date when the right of reimbursement ends shall not extend beyond fifteen years from the district formation date. (Ord. 96-13; Ord. 94-10) 13.09.115 Annual Fee Adjustment The City Council may grant an annual fee adjustment at the time of application for formation of a reimbursement district as provided in this section. (1) An annual fee adjustment shall be applied to the reimbursement fee beginning on the first anniversary of the date of the reimbursement agreement as a return on the investment for the person or the City. The annual fee adjustment shall be fixed and computed against the reimbursement fee as simple interest and will not compound. The amount of the fee adjustment shall be determined at the time that a district is formed and shall be the same each year. (2) Each fiscal year, the Finance Director shall recommend to the City Council an interest rate to be used in determining the annual fee adjustment for reimbursement districts. The City Council shall consider the recommendation of the Finance Director and shall adopt an interest rate to be used in determining the annual fee adjustment. The interest rate adopted by the City Council shall be applied to all reimbursement districts formed during the fiscal year, for which annual fee adjustments are approved. (Ord. 96-13) 13.09.120 Administration (1) The right of reimbursement is assignable and transferable after written notice is delivered to the City, advising the City to whom future 13-09-6 Code Update: 10/01 TIGARD MUNICIPAL CODE payments are to be made. (2) The City shall establish separate accounts for each reimbursement district. Upon receipt of a reimbursement fee, the City shall cause a record to be made of that property's payment and remit the fee to the person who requested establishment of the reimbursement district or their assignee. (3) The reimbursement fee is not intended to replace or limit, and is in addition to, any other existing fees or charges collected by the City. (Ord. 94-10) 13-09-7 Code Update: 10/01