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Washington County (Various) Urban Service Agreement (2006-2002) AMENDMENT TO URBAN SERVICES INTERGOVERNMENTAL.AGREE,MENT BETWEEN CITY OF TIGARD"AND WASHINGTON COUNTY This amendment to the Urban Services Intergovernmental Agreement Between City of' Tigard and Washington County(the Agreement) is entered into by City of Tigard (City) and Washington County(County) and is effective May 15, 2006. RECITALS A. The City of Tigard(City) and Washington County entered into the Agreement in September 2002, and have taken steps to terminate the agreement pursuant to Section V.A of the agreement, effective July 1, 2006. B. The parties have been working on effectuating a smooth transition of responsibilities to deal with the change in responsibilities that will result from termination of the Agreement. However,to assure proper functioning of government authority over planning, the City will need to retain some authority beyond the termination date. C. The parties have agreed to amend the Agreement to assure a smooth transition and to avoid any lapse in authority. D. Under Section IV.D of the Agreement, the Agreement may be amended by approval of the County Land Use and Transportation Director, the City Community Development Director, the County Administrator, and the City Manager. TERMS OF AMENDMENT 1. Section V of the Agreement is amended by adding a new Subsection D to read as follows: On termination of the Agreement, the parties shall cooperate to achieve a smooth transfer of authority from the City to the County. In order to achieve a smooth transfer, the City and the County agree as follows: a. The City agrees to perform building inspection services on the same terms as provided for in this agreement until June 1, 2006. All applications filed with the City before that date shall be processed by the City until occupancy. b. The City agrees to perform and,doVeloprrid t.services on the sameterms as provided for in this agreerrient,.untif July 20, 2006 subject to attached= letter of understanding. WAS INGTON COUNTY CITY OF TIGARD County Administrator City Mildger Director Lardl Use and Transportation Community D e opment Director RECEIVED Letter of Understanding MAY 12 2006 Between Washington County Department of Land Use and'Transportation and dio Of Tigard Community Development Department Regarding Administrative Implementation of the Joint Agreement by the Washington County Board of Commissioners and the Tigard. City Council to Terminate the Urban Services Intergovernmental Agreement(USIA) effective July 20, 2006. In order to provide for the most efficient transition of development review and building inspections for the unincorporated Tigard Urban Services Area from City to County, the staff of the City and County have met and agreed to the following: 1. Effective April 19, 2006, the City will refer all applicants for subdivisions and land partitions development review to the County for pre-applications. 2. Effective June 1, 2006, the City will refer all building permit applicants to the County. The City will complete plan review and all required inspections on applications filed prior to June 1, 2006. 3. The City will complete development review through land use approval for all t subdivisions currently in process. The subdivisions ate: 1) Autumn View- 2) French Prairie Vineyards #2; 3) I-C-ramer.'s Meadow; and 4) Brentwood Estates. After land use approval, the County will be responsible for Public. Facility Improvement plan review; construction inspection and approval for these subdivisions. 4. The City will complete Public.Facility Improvement plan review and construction inspection and approval for all development currently in that process. These subdivisions include: 1) Arbor Pointe #2 subdivision; 2) Sierra Vista; 3) Wilson Ridge #2; and 4) Trevor Ridge. 5. The City will provide the County with copies of the Land Use Decisions for the subdivisions listed in Item 3 above as well as previously approved subdivisions and partitions. The City.will also provide the County with as-built plans for development approved by the City during the term of the USIA and copies of any asset management information for public improvements made during the same period. Agreed o on April 18, 2006 by: Mark E. Brown, Manager Tom Coffee, Director Land Development Services Div. Community Development Dept. Washington County City of Tigard -A -rl 7 J; ........ Urban Services ...... ............ iF;.. . ..... Area Vm �_j 'i Current Activity 4 Subdivisions and _4 4, .......... Minor Land 7 C Partitions City of Tigard v t 1!.Lj i Oregon .............. 77- A�\ . ......... km 2 0, 4 2— J, -q Li 111 407-i L- L LAND USE APPLICATION STATUS "Wi. ------- _ APPROVED I LJ UNDER REVIEW T., 4.- ";r J Z PUBLIC FACILITY IMPROVEMENTS 0 7.0 p. j IN REVIEW a _j;.. TINDER CONSTRUCTION ...........m 211 COMPLETE > YY LIMITS If li.., A;, TIGARD Cl 01 URBAN SERVICES BOUNDARY IT" ........... 4 i . ............ zj� 17:c .......... W; `q K.X ....... I-V E 4.1 NIX J .... ....... ............... J� f ........... ...... -j -A .......... ...................... 71, A f �J ................................ ............ Letter of Understand* x Between Washington County Department of Land Use and Transportation and City Of Tigard Community Development Department Regarding Administrative Implementation of the Joint Agreement by the Washington County Board of Conunissioners and the Tigard City Council to Terminate the Urban Services Intergovernmental Agreement (USIA) effective July 20, 2006. In order to provide for the most efficient transition of development review and building inspections for the unincorporated Tigard Urban Services Area from City to County, the staff of the City and County have met and agreed to the following: 1. Effective April 19, 2006, the City will refer all applicants for subdivisions and land partitions development review to the County for pre-applications. 2. Effective June 1, 2006, the City will refer all building permit applicants to the County. The City will complete plan review and all required inspections on applications filed prior to June 1, 2006. 3. The City will complete development review through land use approval for all subdivisions currently in process. The subdivisions are: 1) Autumn View; 2) French Prairie Vineyards #2; 3) Kramer's Meadow; and 4) Brentwood Estates. After land use approval, the County will be responsible for Public Facility Improvement plan review, construction inspection and approval for these subdivisions. 4. The City will complete Public Facility Improvement plan review and construction inspection and approval for all development currently in that process. These subdivisions include: 1) Arbor Pointe #2 subdivision; 2) Sierra Vista; 3) Wilson Ridge #2; and 4) Trevor Ridge. 5. The City will provide the County with copies of the Land Use Decisions for the subdivisions listed in Item 3 above as well as previously approved subdivisions and partitions. The City will also provide the County with as-built plans for development approved by the City during the term of the USIA and copies of any asset management information for public improvements made during the same period. Agreed to on April 18, 2006 by: Loa Z`d �e Mark E. Brown, Manager Tom Coffee, Director Land Development Services Div. Community Development Dept. Washington County City of Tigard Urban Services Area Current Activity -------------------- Subdivisions and Minor Land o rw ] Partitions City of Tigard rd ( � _ Oregon 1..._.•- xEwE\,n 9 LAND USE APPLICATION STATUS LI w\. iox �xww,sn sw,s.mw �w000 xosres nnrro« ,_ ED APPROVED UNDER REVIEW xotpsox a.,�, PUBLIC FACILITY IMPROVEMENTS � k Eiexn wrenrio" x¢xc ¢v.nos IN RE � � xrx.xewxe r..os. D UNDERR CONSTRUCTION ` COMPLETE xerExs Enpx �Y7 z.,�nocE» ———— ——�V 5�q M.srsns rwn.nor� TIGARD CITY LIMITS -----URBAN SERVICES BOUNDARY tLits — —————— L4 RWt�1l RiocE' ••Tn<infwnialwn.--d.m ihu map 4—.1— " I Apl3, qfi Ne�um<xdl ne made a.neav de<xwn. t . t I Washington. County — 'Tigard Urban Planning Area Agreement THIS AGREEMENT is entered into by WASHINGTON COUNTY, a political subdivision in the State of Oregon, hereinafter referred to as the ".COUNTY", and the CITY OF TIGARD, an incorporated,municipality of the State:of Oregon, hereinafter- referred to as the "CITY". WHEREAS, ORS 190.010 provides that units of local government may enter into agreements for the performance of any or all functions and activities that a party to the agreement, its officers or agents, have authority to perform; and WHEREAS, Statewide.Planning Goal #2 (Land Use Planning)requires that City, County, State and Federal agency and special district plans and actions shall be consistent with the comprehensive plans of the cities and counties and regional plans adopted under ORS Chapter 197; and WHEREAS, the Oregon Land Conservation and Development Commission requires each jurisdiction requesting acknowledgment of compliance to submit an agreement setting forth the means by which comprehensive planning coordination within the Regional Urban Growth Boundary will be implemented; and WHEREAS, the CITY and COUNTY have entered into cooperative agreements with special service districts for fire and life safety;water; parks, recreation and open space; sanitary sewer; and surface water services; consistent with ORS 195.020; and WHEREAS, the CITY and COUNTY have entered into the Tigard.Urban Service Agreement. with Clean Water Services, Tigard Water District, TriMet,Tualatin Hills Park and Recreation District, Tualatin Valley Fire and Rescue and Tualatin Valley Water District,\consistent with ORS 195.060 to 085; and WHEREAS, the COUNTY and the CITY, to ensure coordinated and consistent comprehensive plans, consider it mutually advantageous to establish: 1. A site-specific Urban Planning Area within the Regional Urban Growth Boundary within which both the COUNTY and the CITY maintain an interest in comprehensive planning; 2. A process for coordinating comprehensive planning:and development in the Urban Planning Area; 3. Policies regarding comprehensive planning and development in the Urban Planning area; and ' f Washington County-City of Tigard UPAA October 2003 Page;2 4. A process to amend the Urban Planning Agreement. NOW THEREFORE,THE COUNTY AND THE CITY AGREE AS FOLLOWS: I. Location of the Urban Planning The Urban Planning Area mutually defined by the COUNTY and the CITY is the Tigard Urban Service Area and includes the area designated on Exhibit"A" to this agreement. II. Coordination of Comprehensive Planning and Development A. Amendments to or Adoption of a Comprehensive Plat!or Implementing Regulation 1. Definitions Comprehensive Plan means a generalized, coordinated land use map and policy statement of the governing'body of a local government that interrelates.all functional and natural systems and activities relatingAo the use of lands;including, but not limited to,sewer and water systems',.: transportation systems, educational facilities, recreational facilities, and natural resources and air and'w,ater quality management programs. "Comprehensive Plan" amendments do not 'include small tract comprehensive plan map changes. Implementing Regulation' means any local government zoning ordinance, land diwision.ordinance adopted under ORS 92.044 or 92.046 or similar general ordinance establishing standards for implementing a comprehensive.plan. "Implementing regulation" does not include small tract zoning,map amendments, conditional use permits, individual subdivision,partition or planned unit development approval or denials, annexations_, variances, building permits and similar administrative-type decisions. 2. The COUNTY shall'provide the CITY with the appropriate opportunity to participate, review and comment on-proposed amendments to or adoption of the COUNTY comprehensive plan or implementing regulations. The CITY shall provide the COUNTY with the appropriate opportunity to participate, review.and comment-on proposed amendments to or adoption of the CITY comprehensive plan or implementing regulations. The following procedures shall be followed by the COUNTY and the CITY to notify and.involve one another in the process,to amend or adopt a comprehensive plan or implementing regulation: a. The CITY or the COUNTY,whichever has jurisdiction over the proposal, hereinafter the originating agency,shall notify the other Washington County-City of Tigard UPAk October 2003 Page 3 _agency, hereinafter the responding agency, ofthe proposed action at the time such planning efforts are initiated, but in no case less that 45.days prior to the final hearing on adoption. The specific method and level of involvement.shall be finalized by "Memorandums or Understanding"negotiated and signed by the planning directors of the CITY and the COUNTY. The "Memorandums of Understanding" shall clearly outline the process by which the responding agency shall participate in the adoption process. If, at the time of-being notified of a proposed action, the responding agency determines it does not need to participate in the adoption process, ii may waive the requirement to negotiate`and sign a"Memorandum of Understanding". b. The originating agency shall transmit draft recommendations on any proposed actions to the responding agency for its,review and comment.before finalizing. Unless otherwise agreed to in a "Memorandum of Understanding", the responding agency shall have ten (10) days after receipt of a draft to submit comments orally or in writing. Lack of response shall be considered "no, objection"to the draft. C. The originating agency shall respond to the comments made by the respgnding.agency either by a)revising the final recommendations, or b) by letter to the responding agency explaining why the comments cannot be addressed in the final draft. d. Comments from the responding agency shall be given consideration as part of the public record on the proposed action. If after such consideration, the originating agency acts contrary to the position"of the responding agency, the responding agency may seek appeal of the action through the appropriate appeals body and procedures. e. Upon final adoption of the proposed action by the originating agency,it shall transmit the adopting ordinance to the responding agency as soon as publicly available, or if not adopted by ordinance, whatever other written documentation is available to properly'inform the responding agency of the final actions taken. B. Development.Actions Requiring Individual Notice to Property Owners 1. Definition Development Action Requirin Ng otice means an,action by a local government which requires notifying by mail the owners of property which could potentially be affected (usuallyspecified as a distance Washington.County-City, of Tigard.UPAA October 2003 Page 4 measured in feet) by a proposed development action which directly affects and is applied to a specific parcel or parcels. Such development actions may include, but not be limited to, small tract zoning or comprehensive plan.amendments, conditional or special use permits, individual subdivisions,partitionings orplanned unit developments,variances, and. other similar-actions requiring a hearings process which.is quasi-judicial in nature. 2: 'The COUNTY will provide the CITY with the opportunity to review and comment on proposed development actions requiring notice within the designated Urban Planning Area. The CITY will provide the COUNTY with the opportunity to review and comment on proposed development actions requiring notice within the CITY.limits that may have an affect on unincorporated portions of the designated Urban Planning Area. 3. The following procedures shall be followed by the COUNTY and the CITY to notify one another of proposed development actions: a. The CITY or the COUNTY, whichever has jurisdiction overithe° proposal, hereinafter the originating agency, shall send by first class mail a copy of the public hearing notice which identifies-the proposed development action to the other agency, hereinafter-the responding agency,at the earliest opportunity, but no less than ten (I0) days prior to the date of the scheduled public hearing. The failure of the responding agency to receive a notice shall not invalidate an action if a good faith aftempt was made by the originating agency to notify the responding agency. b. The agency receiving the notice may respond at its discretion: Comments may be submitted'in written form or an oral response may be made at the public hearing. Lack of written or oral response shall be considered"no objection" to the proposal. C. If received in a timely manner, the originating agency shall include or attach the comments to the written staff report.and respond to any concerns addressed by the responding agency in such report or orally at-the hearing. d. Comments from the responding agency shall be given consideration.as,a part of the public record on the proposed action. If, after such consideration, the originating agency, the responding agency may seek appeal of the action through the appropriate appeals body and procedures. Washington County-:City-of.Tigard UPAA October'.2003 Page.5 C. Additional Coordination Requirements 1. The CITY and the COUNTY shall do the following to notify one another �of proposed.actions which may affect the community, but are not subject to the notification.and participation requirements contained in subsections A and B above. a. The CITY or the COUNTY, whichever has jurisdiction over the proposed.actions, hereinafter the originating agency, shall send by first class mail a copy,of all public hearings agendas which contain the proposed,actions to the other agency, hereinafter the responding agency, at the earliest opportunity, but no less than three (3) days prior to the.date of the.scheduled public hearing. The failure of the responding agency to receive an agenda shall not invalidate an action if a good faith atteYript was made by the originating agency to notify the,responding agency. b. The agency receiving the public hearing agenda may respond at its discretion. Comments may be submitted in written form or an oral response may be made at the public hearing. Lack of written or oralresponse shall be considered "no objection"to the proposal. C. Comments from the responding agency shall be given consideration as a part of the public.record on the proposed action. If, after such consideration, the originating agency acts contrary to the position of the responding agency, the responding agency may seek appeal of the action through the appropriate appeals body and procedures. III. Comprehensive Planning and.Development Policies A. Active Planning Area 1. Definition Active Planning Area means the incorporated area and.certain unincorporated areas contiguous to the incorporated area for which the CITY conducts comprehensive planning and seeks to regulate development activities to the greatest extent possible. The CITY Active Planning',Area is designated as.Area A on Exhibit"A". 2. The CITY shall be responsible for comprehensive planning within the Active Planning Area. Washington County-City of Tigard UPAA October 2003 Page":6 3. The CITY is responsible,for the preparation;,adoption,and arnendment of the public facility plan, required by OAR 660-11 within the Active Planning Area. 4. The COUNTY shall not approve land divisions within the Active Planning Area which would create lots less than 1.0 acres in size, unless public sewer and water service are available to the property. 5. The COUNTY shall not approve a development in the Active Planning Area if the proposal'would not provide for,nor be conditioned to provide for, an enforceable plan for, redevelopment to urban densities consistent with CITY's Comprehensive Plan in the future upon annexation to the CITY as indicated by the CITY Comprehensive Plan. 6. Approval of the development actions in the Active Planning.Area shall be content upon provision of adequate urban services including sewer, water, storm.drainage;:streets, and police and fire protection. 7. The COUNTY shall not oppose annexation to the CITY within the CITY's Active Planning Area. B. Area'of Interest 1. Definition Area of Interest or Primary Area of Interest means unincorporated lands contiguous to the Active Planning Area in which the CITY does not conduct comprehensive planning but in which the CITY does maintain an interest in comprehensive planning and development actions by the COUNTY because of potential impacts on the.CITY Active Planning Area. The CITY Area of Interest within the Urban Planning Area is designated as Area B on Exhibit"A": 2. The COUNTY shall be responsible for comprehensive planning and development actions within the Area of Interest. The COUNTY has entered into an intergovernmental agreement with the CITY for the CITY to provide land development services on behalf of the COUNTY within the Area of Interest. Through-this intergovernmental agreement the CITY also provides building services and specific road services to the area on behalf of the COUNTY. 3. The COUNTY is responsible for the preparation, adoption and amendment of the public facility plan required by OAR 660-11 within.the Area of Interest. j. Washington County-City of Tigard UPAA October 2003 Page 7. C. Annexations 1. The COUNTY and CITY recognize the.CITY as the ultimate service provider of the urban services specified in the Tigard Urban Service Agreement. .The COUNTY also recognizes the CITY as the ultimate local governance provider to all of the territory in the Tigard Urban Service Area, including unincorporated properties. So that all properties within the Tigard Urban Service Area will be served.by the CITY; the COUNTY and CITY will be supportive of annexations to the CITY. 2. The CITY and COUNTY desire to transfer COUNTY services to the CITY in an orderly and efficient manner upon annexation so that service provision to,residents and businesses will not be interrupted or diminished. 3. In order to provide for the orderly transfer of COUNTY services to the CITY, the CITY and COUNTY recognize annexation plans as the most appropriate method to annex properties to the CITY. Annexations to the CITY,however, shall not be limited to an annexation plan and the CITY and COUNTY recognize the rights of'the CITY and property owners to annex properties using the other provisions provided by the Oregon Revised Statutes. All annexations shall he consistent with the provisions of the.Tigard Urban:Service Agreement. 4. So that there will be an orderly transfer of COUNTY services to the CITY as a result of annexations;the CITY and COUNTY shall enter into an inter-governmental agreement which specifies how the two will comply with the requirements of Section I. G. of the Tigard-Urban Service Agreement no.later than February 2,2004. 5. The CITY agrees in principle to a-plebiscite or other representative means for annexation in the Metzger/Progress Community Planning Area within the CITY Area of Interest. Not contrary to the foregoing, the CITY reserves all of its rights to annex and acknowledges the rights of individual property owners to annex to the CITY pursuant to Oregon Revised Statutes. 6. Upon annexation of land within the Area of Interest to the,CITY, the CITY agrees to convert COUNTY plan designations to CITY plan ,designations which most closely approximate the-density, use provisions and standards of COUNTY designations. Furthermore;the CITY agrees to maintain this designation for one.year after the effective date of annexation unless both.the CITY and the COUNTY Planning Directors agree at the time of annexation that the COUNTY designation is outdated and an amendment may be initiated before the one year period is over. Washington Ciiunty-City of Tigard UPAA October 2003 Page 8. D. Special Policies. 1. The CITY and the COUNTY shall'provide information of comprehensive planning and development actions to the Community Planning Organizations (CPO) through the notice procedures outlined in Section III of this Agreement. 2. At least one'copy of any COUNTY ordinance which proposes to. (1) amend the COUNTY comprehensive plan, (2) adopt a new plan, or (3) amend the text of the COUNTY.development code shall be mailed to the CITY within five(5) days after its introduction. 3. At least one copy of any COUNTY ordinance which proposes to rezone land within one (1) mile of the corporate limits of the CITY shall be mailed to the CITY within five (5) days after its introduction. 4. The City of Tigard, City of Beaverton and Washington County have agreed to the following stipulations regarding the connection of Murray Boulevard from Old Scholls Ferry Road to the intersection of SW 121'` Avenue and Gaarde Street: a. The,City of Tigard, City of Beaverton and Washington County agree:to amend their respective comprehensive plans to reflect the following functional classification and design considerations: 1. Designation: Collector 2. Number of Travel Lanes: 2 (plus turn lanes at major intersections) 3. Bike Lanes: Yes 4. Right-of-Way: 60 feet (plus.slope easements where necessary) 5. Pavement Width;40 foot minimum 6. Access: Limited 7. Design Speed: 35 M.P.H. 8. Minimum Turning Radius: 350 to 500 feet 9. Parking Facilities: None provided on street Washington Eounty-City of Tigard UPAA October 2003 Page 9 10. Upon verification ofneed by traffic analysis,,the connection may be planned,;to eventually accommodate additional,lanes at the Murray/Old Scholls Ferry and Murray/New Scholls Ferry intersections. 11. The intersection of the SW 135th Avenue and Murray Boulevard connection"will,be designed with Murray Boulevard as a.through street with 135th Avenue terminating at the Murray connection with a"T" intersection. 12. The.general alignment of the Murray Boulevard connection is illustrated in Exhibit."B". b. Any changes to the land use designations in the Murray Boulevard connection area shall be coordinated-with all jurisdictions to assure that-traffic impacts are adequately analyzed. c. The City of Tigard, City of Beaverton and Washington County„ shall support improvements to the regional transportation system as outlined in the adopted Regional Transportation Plan (RTP). 5. The COUNTY and the CITY will execute a Memorandum of Understanding outlining the methodology for transferring COUNTY records regarding land use activities to the CITY when property is annexed to the CITY. IV. Amendments to the Urban Planning Area Agreement A. The following procedures shall be followed by'the CITY and the COUNTY to amend the language of this agreement or the Urban.Planning Area Boundary: 1. The CITY or COUNTY, whichever jurisdiction originates the proposal, shall submit-a formal request for amendment.to the responding agency. 2. The formal request shall contain the following: a. A statement describing the amendment. b. A statement offindingsindicating why the proposed amendment is necessary. C. - If the request is to amend the planning area boundary, a map which clearly indicates the proposed change and surrounding area. Washington"county -City of Tigard UPAA October 2003 Page 10 3. Upon.receipt of request for amendment from the.originating agency,the responding agency shall schedule a,review of'the request before the, appropriate reviewing body, with said review to be held within 45 days of the date the request is received.. 4. The CITY and COUNTY shall,make good faith efforts to resolve requests to amend this agreement. Upon completion of the review, the reviewing body may approve the request, deny the "request, or make a determination that,the proposed amendment warrants additional review. If it is determined that additional review is necessary, the following procedures shall be followed by the CITY and COUNTY: a. If inconsistencies noted by both parties cannot be resolved in the review process as outlined in Section IV (3), the CITY and the COUNTY may agree toinitiate a joint study. Such a study shall commence within 90 days of.the date it is�determined that a proposed amendment creates an inconsistency, and shall be completed within 90 days of said date. Methodologies and procedures regulating the conduct of the joint study shall be mutually agreed upon by the CITY.and the County prior to commencing the study. b. Upon completion of the joint study,the study and the recommendations draw from it shall be included within the record of the review. The agency considering the proposed amendment shall give careful consideration to the study prior to making a final decision. B. The.parties will jointly review this Agreement every two (2) years to evaluate the effectiveness of theprocesses set forth herein and to.make any amendments. The review process shall commence two (2) years from,the date of execution and shall be completed within 60 days. Both parties shall make,a good faith effort to resolve inconsistencies that may have developed since the previous review. If, after completion of the 60-day review period inconsistencies still remain, either party may terminate this Agreement. C. The COUNTY and CITY, in conjunction with other Washington County cities, shall begin in 2004 to update all county--city urban planning area agreements so they address planning issues and initiatives that have occurred since 1988. V. This Agreement shall become effective upon full execution by the COUNTY and the CITY and shall then repeal and replace the Washington County Tigard Urban Planning Area Agreement dated October 25, 1988. The effective date of this agreement shall be the last date of signature on the signature pages. Washington county-City of Tigard UPAA October 2003 Page 11 IN WITNESS WHEREOF the parties have!executed this Urban Planning Area Agreement on the date set opposite their signatures. CITY OF TI ' By Date: Mayor Approved as to Form: By City Attorney Washington County-City of Tigard UPAA October 2,003 Page 12 WASHINGTON COUNTY By Dater 7-G-0'y Chair, Board of County Commissioners Approved as to Form: By: lwa y, ssi County Counsel By Date: Recording ecretary i • Y �I2t ■QEF R.. ,{j$�� i¢� �� gyp. ■ u li" ® F Call t w Ve�Ja� -- � '§,XII. ��i�t77t� ■ � s YY¢ �� 2 � � ! s✓4 Y Y l� Q a IeIZY] P¢�+'Y. h ?fy r a ~NQ9U ■ s cs i ■ MLH Ni�^ �• �ie l= 1,1 xrgig �rfvrnFrYc x a�aas4rei} 1�rgezt~6�'y i [ h . _ tt' 1 Yyl. f Maw sd 'IeL� ' r'.ai �C9 ■ lirxarro n �i � 9Nfm � f !' 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Washington u-6unty-City of Tigard UPAA October 2003 Page 14 MW RAY�g�1l CONNE€ TIa I E RAS L1GN EN 222 Z w ss $ e � gKA EXHOM 11 A ,€ y °' 6Q3 ` ` \Ui6JtN Jt3 AREA v Af t � if IM s� v 7111,77711,", 1 c 1Q$ - R y gv'i0!) yGs E RE1 ( Na�� t k •�• E {&{ a '<r�� iFmi G` t$Qt UM —11 WWI ami 1302 � F R "n gjll €g'R ., ay e d' 1.'3Q0 � h 2xitt _ - y\�a'` '*�"•ncfi F '`' Pv r F' s x 1 ' 'kQ s 'ar�'^s,� 4 € 'a' �' 4y E �!iP r M. caronO 'R ! ♦t - '_, fp wk6 ,�•€ ;�'gffiLA YP' ,E zg i SIN a T1 n s s y, - v r TIGARD URBAN SERVICE AGREEMENT November 26, 2002 This AGREEMENT is made and entered into by and between Washington County, a municipal corporation of the State of Oregon,hereinafter"COUNTY,"the City of Tigard,a municipal corporation of the State of Oregon,hereinafter"CITY,"Metro, a metropolitan service district of the State of Oregon,hereinafter"METRO,"and the following Special Districts of the State of Oregon,hereinafter"DISTRICT(S)," Clean Water Services; Tigard Water District; Tri-Met; Tualatin Hills Park and Recreation District; Tualatin Valley Fire and Rescue District;and Tualatin Valley Water District RECITALS WHEREAS, ORS 195.025(1)requires METRO,through its regional coordination responsibilities, to review urban service agreements affecting land use, including planning activities of the counties, cities, special districts, state agencies; and WHEREAS, ORS 195.020(4)(e)requires cooperative agreements to specify the units of local government which shall be parties to an urban service agreement under ORS 195.065; and WHEREAS, ORS 195.065(1)requires units of local government that provide an urban service within an urban growth boundary to enter into an urban service agreement that specifies the unit of government that:will deliver the services, sets forth the functional role of each service provider, determines the future service area,and assigns responsibilities for planning and coordination of services; and WHEREAS, ORS 195.065(1)and(2)require that the COUNTY shall be responsible for: 1. Convening representatives of all cities and special districts that provide or declare an interest in providing an urban service inside an urban growth boundary within the county that has a population greater than 2,500 persons for the purpose of negotiating an urban service agreement; 2. Consulting with recognized community planning organizations within the area affected by the urban service agreement; and 3. Notifying Metro in advance of meetings to negotiate an urban service agreement to enable Metro's review;and Tigard Urban Service Agreement November 26,2002 Page 1 WHEREAS, ORS 195.075(1)requires urban service agreements to provide for the continuation of an adequate level of urban services to the entire area that each provider serves and to specify if there is a significant reduction in the territory of a special service district; and WHEREAS, ORS 195.075(l)requires that if there is a significant reduction in territory,the agreement shall specify how the remaining portion of the district is to receive services in an affordable manner; and WHEREAS, ORS 195.205 TO 195.235 grant authority to cities and districts (as defined by ORS 198.010)to annex lands within an urban growth boundary,subject to voter approval, if the city or district enacts an annexation plan adopted pursuant to ORS 195.020, 195.060 to 195.085, 195.145 to 195.235, 197.005, 197.319, 197.320, 197.335,and 223.304, and if the city or district has entered into urban service agreements with the county, cities and special districts which provide urban services within the affected area; and WHEREAS, ORS 197.175 requires cities and counties to prepare, adopt, amend, and revise their comprehensive plans in compliance with statewide planning goals, and enact land use regulations to implement their comprehensive plans; and WHEREAS, Statewide Planning Goals 2, 11,and 14 require cities and counties to plan, in cooperation with all affected agencies and special districts,for the urbanization of lands within an urban growth boundary, and ensure the timely,orderly, and efficient extension of public facilities and urban services. NOW,THEREFORE,the premises being in general as stated in the foregoing recitals,it is agreed by and between the parties hereto as follows: I. ROLES AND RESPONSIBILITIES A. Parties to this AGREEMENT shall provide land use planning notice to each other in accordance with the provision of the"Cooperative Agreements,"developed per ORS 195.020(4)(e). B. The parties to this AGREEMENT are designated as the appropriate provider of services to the citizens residing within their boundaries as specified in this AGREEMENT. C. The CITY is designated as the appropriate provider of services to citizens residing within its boundaries and to adjacent unincorporated areas subject to this AGREEMENT as shown on Map A, except for those services that are to be provided by another party as specified in this AGREEMENT. D. The CITY and COUNTY will be supportive of annexations to the CITY over time. The CITY shall endeavor to annex the unincorporated areas shown on Map A,in keeping with the following schedule: 1. Near to mid-term(3 to 5 years): Bull Mountain area and unincorporated lands north of the Tualatin River and south of Durham Road and Tigard Urban Service Agreement November 26,2002 Page 2 2. Far term(10 years or later): Metzger area. E. Pursuant to ORS 195.205,the CITY and DISTRICTS reserve the right and may, subsequent to the enactment of this AGREEMENT,develop an annexation plan or plans in reliance upon this AGREEMENT in accordance with ORS 195.205 to 220. F. In keeping with the County 2000 Strategic Plan or its successor,the COUNTY will focus its energies on those services that provide county-wide benefit and transition out of providing municipal services that may benefit specific geographic areas or districts. The COUNTY recognizes cities and special service districts as the ultimate municipal service providers as specified in this AGREEMENT. The COUNTY also recognizes cities as the ultimate local governance provider to the urban area. G. Within twelve months of the effective date of this AGREEMENT and prior to any consolidation or transfer of duties or any single or multiple annexations totaling twenty acres,the parties shall identify any duties performed by the parties that will or may be assumed or transferred from one party to another party by annexation,consolidation or agreement. The affected parties shall identify how the duties will be transferred or assumed, including the transfer of employees and equipment. The process to transfer duties, employees and equipment shall account for the cumulative effects of annexation, consolidation and transfer by agreement. This process shall also address large scale annexations and the large scale transfer of duties by consolidation or agreement. In the event the affected parties cannot agree upon the processes to transfer duties, employees and equipment,the provisions of Section VII of this AGREEMENT shall be used to resolve the dispute. H. The COUNTY shall have the responsibility for convening representatives for the purpose of amending this AGREEMENT,pursuant to ORS 195.065(2)(a). II. AGREEMENT COORDINATION A. Existing intergovernmental agreements that are consistent with this AGREEMENT shall remain in force. This AGREEMENT shall control provisions of existing intergovernmental agreements that are inconsistent with the terms of this AGREEMENT. This AGREEMENT does not preclude any party from amending an existing inter-governmental agreement or entering into a new inter-governmental agreement with one or more parties for a service addressed in this AGREEMENT, provided such an agreement is consistent with the provisions of this AGREEMENT. B. The CITY and COUNTY have entered into an intergovernmental agreement for the CITY provision of building,land development and specific road services on behalf of the COUNTY to the unincorporated lands in the Bull Mountain area. C. CITY and COUNTY shall endeavor to take all action necessary to cause their comprehensive plans to be amended to be consistent with this AGREEMENT within twelve months of execution of this AGREEMENT,but no later than sixteen months from the date of execution. Tigard Urban Service Agreement November 26,2002 Page 3 III. AREA AFFECTED BY AGREEMENT This AGREEMENT applies to the Tigard Urban Service Area(TUSA)as shown on Map A and properties added to the Regional Urban Growth Boundary(UGB)that are to be annexed to the CITY in the future as described below in Section VIII. IV. URBAN SERVICE PROVIDERS A. The service provisions of this AGREEMENT,as described in Exhibits A through G, establish the providers and elements of urban services for the geographic area covered in this AGREEMENT; and B. The following urban services are addressed in this AGREEMENT: 1. Fire Protection and Emergency Services (Exhibit A); 2. Public Transit(Exhibit B); 3. Law Enforcement(Exhibit C); 4. Parks, Recreation, and Open Space(Exhibit D); 5. Roads and Streets (Exhibit E); 6. Sanitary Sewer and Storm Water(Exhibit F);and 7. Water Service(Exhibit G). V. ASSIGNABILITY No assignment of any party's rights or obligations under this AGREEMENT to a different,new or consolidated or merged entity shall be effective without the prior consent of the other parties affected thereby.Any party to this AGREEMENT who proposes a formation,merger,consolidation,dissolution,or other major boundary change shall notify all other parties of the availability of the reports or studies required by Oregon State Statutes to be prepared as part of the proposal. VI. EFFECTIVE DATE OF AGREEMENT This AGREEMENT shall become effective upon full execution by all parties. VII. TERM OF THE AGREEMENT This AGREEMENT shall continue to be in effect as long as required under state law. The COUNTY shall be responsible for convening the parties to this AGREEMENT for the review or modification of this AGREEMENT,pursuant to Section VIII. Tigard Urban Service Agreement November 26,2002 Page 4 VIII. PROCESS FOR REVIEW AND MODIFICATION OF THE AGREEMENT A. Parties shall periodically review the provisions of this AGREEMENT in order to evaluate the effectiveness of the processes set forth herein and to propose any necessary or beneficial amendments to address considerations of ORS 195.070 and ORS 195.075. B. Any party may propose modifications to this agreement to address concerns or changes in circumstances. C. The body of this AGREEMENT(Recitals and Sections I through IX)may only be changed by written consent of all affected parties. Amendments to the exhibits of this AGREEMENT may be made upon written consent of the parties identified in each exhibit. D. The periodic review of this AGREEMENT and all proposed modifications to this AGREEMENT shall be coordinated by the COUNTY. All requests for the periodic review of this AGREEMENT and all proposed modifications shall be considered in a timely manner and all parties shall receive notice of any proposed amendment. Only those parties affected by an amendment shall sign the amended agreement. All amendments that include boundary changes shall comply with Chapter 3.09 of the METRO Code or its successor. E. Lands added to the Regional Urban Growth Boundary that are determined to be annexed to the CITY in the future by separate process, such an Urban Reserve Plan, shall be subject to this AGREEMENT. The appropriate service providers to new urban lands for the services addressed in this AGREEMENT shall be determined through the provisions of this Section unless those determinations are made through the development of an Urban Reserve Plan and all affected parties agree to the service determinations. This AGREEMENT shall be amended to address new urban lands and reflect the service provider determinations consistent with the provisions of this Section. IX. DISPUTE RESOLUTION If a dispute arises between or among the parties regarding breach of this AGREEMENT or interpretation of any term thereof,those parties shall first attempt to resolve the dispute by negotiation prior to any other contested case process. If negotiation fails to resolve the dispute,the parties agree to submit the matter to non-binding mediation. Only after these steps have been exhausted will the matter be submitted to arbitration. Step 1 —Negotiation. The managers or other persons designated by each of the disputing parties will negotiate on behalf of the entities they represent. The issues of the dispute shall be reduced to writing and each manager shall then meet and attempt to resolve the issue. If the dispute is resolved with this step,there shall be a written determination of such resolution signed by each manager,which shall be binding upon the parties. Tigard Urban Service Agreement November 26,2002 Page 5 Step 2—Mediation. If the dispute cannot be resolved within 30 days of initiation of Step 1,a party shall request in writing that the matter be submitted to non-binding mediation. The parties shall use good-faith efforts to agree on a mediator. If they cannot agree,the parties shall request a list of five mediators from an entity or firm providing mediation services. The parties will attempt to mutually agree on a mediator from the list provided, but if they cannot agree,each party shall select one name and the two mediators shall jointly select a third mediator. The dispute shall be heard by the third mediator and any common costs of mediation shall be borne equally by the parties,who shall each bear their own costs and fees therefore. If the issue is resolved at this Step,then a written determination of such resolution shall be signed by each manager and shall be binding upon the parties. Step 3 —Arbitration. After exhaustion of Steps 1 and 2 above,the matter shall be settled by binding arbitration in Washington County, Oregon, in accordance with the Commercial Arbitration Rules of the American Arbitration Association,the rules of the Arbitration Service of Portland,or any other rules mutually agreed to,pursuant to ORS 190.710-790. The arbitration shall be before a single arbitrator;nothing shall prevent the parties from mutually selecting an arbitrator or panel thereof who is not part of the AAA panel and agreeing upon arbitration rules and procedures. The cost of arbitration shall be shared equally. The arbitration shall be held within 60 days of selection of the arbitrator unless otherwise agreed to by the parties. The decision shall be issued within 60 days of arbitration. X. SEVERABILITY CLAUSE If any portion of this AGREEMENT is declared invalid,or unconstitutional by a court of competent jurisdiction,such portion shall be deemed a separate,distinct, and independent provision and such holding shall not affect the validity of the remaining portions of this AGREEMENT. XI. SIGNATURES OF PARTIES TO AGREEMENT In witness whereof,this AGREEMENT is executed by the authorized representatives of the COUNTY, CITY, DISTRICTS,and METRO. The parties,by their representative's signatures to this AGREEMENT, signify that each has read the AGREEMENT, understands its terms,and agrees to be bound thereby. Tigard Urban Service Agreement November 26,2002 Page 6 CITY OF TIGARD By_ IV AA j Ah J es E. GrA y Date Approved as to Form: By: i Attomey Tigard Urban Service Agreement November 26,2002 Page 7 TUALATIN VALLEY FIRE AND RESCUE DISTRICT B : z' / '6� 12 17 /6 y =� Chairman, Board of Orrectors Date Approved as to Form: By: Tom• Distra.ct Counsel Tigard Urban Service Agreement November 26,2002 Page 8 TUALATIN HILLS PARK AND RECREATION DISTRICT President, oar of Directors Date Approv to Form: B ' District Co Tigard Urban Service Agreement November 26,2002 Page 9 TRI-MET By— General Manager Date Approved as to Form: By: District Co Tigard Urban Service Agreement November 26,2002 Page 10 CLEAN WATER SERVICES B /2 By Torn Brian,Chair Date Board of Directors APPP:',C'.'r-D CUSAN WATM SERVICES Approved as to Form BOAR7.) WAS CW$.O.Q - I I C? By: District Counsel DATEE 7 7 0 CLAIR.&t�l FE�, EN(-Y Tigard Urban Service Agreement November 26,2002 Page 11 i TIGARD WATER DISTRICT Chairman, Board 4 P4estors Date Approved as to Form: By: District Counsel Tigard Urban Service Agreement November 26,2002 Page 12 TUALATIN VALLEY WATER DISTRICT By: X��23x�e /2 Chairman, Board of Director Date Richard P. Burke Approved as to Form: By: District Counsel Clark Balfour Tigard Urban Service Agreement November 26,2002 Page 13 WASHINGTON COUNTY By: �,.. /;Z-17- oz Tom Brian, Chair Date Board of Commissioners Approved as to Form: APPROVED WASHINGTON COUNTY / n PCAiiD OF COMMISSIONERR/S By: Cc"' IC/ MINUTE ORDER 9 .....0.. ....... County COUriSe� DATE ......`.. �................„..„„. BY��.�A.c ... .. .. ... ........ „ CLERK OF TH OARn Tigard Urban Service Agreement November 26, 2002 Page 14 METRO BY: r- Presiding Offtcer Date Approved as to Form: gal Counsel Tigard Urban Service Agreement November 26,2002 Page 15 f EXHIBIT A PROVISIONS OF AGREEMENT FOR FIRE PROTECTION AND PUBLIC EMERGENCY SERVICES TUALATIN VALLEY FIRE AND RESCUE DISTRICT, CITY and COUNTY agree: 1. That the TUALATIN VALLEY FIRE AND RESCUE DISTRICT(TVFR)is and shall continue to be the sole provider of fire protection services to the Tigard Urban Service Area (TUSA) shown on Map A. 2. That TVFR, CITY and COUNTY are and shall continue to provide emergency management response services to the TUSA. 3. That TVFR is and shall continue to be the sole provider of all other public emergency services to the TUSA,excluding law enforcement services. Tigard Urban Service Agreement November 26,2002 Page 16 EXHIBIT B PROVISIONS OF AGREEMENT FOR PUBLIC TRANSIT SERVICE TRI-MET, CITY, COUNTY and METRO agree: I. That TRI-MET,pursuant to ORS Chapter 267, is currently the sole provider of public mass transit to the Tigard Urban Service Area(TUSA)shown on Map A. Future options for public mass transit services to the TUSA may include public/private partnerships to provide rail or other transit service, CITY operated transit service,and transit service by one or more public agency to all or part of the area. 2. That TRI-MET shall work with the COUNTY, CITY, and METRO to provide efficient and effective public mass transit services to the TUSA. Tigard Urban Service Agreement November 26,2002 Page 17 EXHIBIT C PROVISIONS OF AGREEMENT FOR LAW ENFORCEMENT COUNTY and CITY agree: 1. That as annexations occur within the Tigard Urban Service Area shown on Map A,the CITY will assume law enforcement services and the area will be withdrawn from the Enhanced Sheriff's Patrol District. The Sheriffs Office will continue to provide law enforcement services identified through the Cogan Law Enforcement Project and those services mandated by state law. Eventually,the Enhanced Sheriff s Patrol District, consistent with its conditions of formation,will be eliminated when annexations on a county-wide basis reach a point where the function of the District is no longer economically feasible. 2. That over time as annexations occur within the urban unincorporated area,the primary focus of the Sheriffs office will be to provide programs that are county-wide in nature or serve the rural areas of the COUNTY. The Sheriffs office will continue to maintain needed service levels and programs to ensure the proper functioning of the justice system in the COUNTY. The Sheriff s Office will also continue to provide available aid to smaller cities (e.g., Banks and North Plains)for services specified in the COUNTY'S mutual aid agreement with those cities upon their request. The Sheriff's Office will also consider requests to provide law enforcement services to cities on a contractual basis consistent with the COUNTY's law enforcement contracting policy. 3. That the COUNTY and CITY and other Washington County cities,through the Cogan Law Enforcement Project, shall determine the ultimate functions of the Sheriff's Office that are not mandated by state law. 4. That the COUNTY and CITY shall utilize comparable measures of staffing that accurately depict the level of service being provided to residents of all local jurisdictions in the COUNTY. Tigard Urban Service Agreement November 26,2002 Page 18 EXHIBIT D PROVISIONS OF AGREEMENT FOR PARKS,RECREATION AND OPEN SPACE CITY,TUALATIN HILLS PARK AND RECREATION DISTRICT(THPRD), COUNTY, and METRO agree: 1. That the CITY shall be the designated provider of park, recreation and open spaces services to the Tigard Urban Service Area(TUSA) shown on Map A. Actual provision of these services by the CITY to lands within the TUSA is dependent upon lands being annexed to the CITY. Within the Metzger Park Local Improvement District(LID),the CITY will be a joint provider of services. The CITY and THPRD,however,may also enter into inter-governmental agreements for the provision of park,recreation and open space services to residents within each other' boundaries, such as the joint use of facilities or programs. This provision does not preclude future amendments to this AGREEMENT concerning how park, recreation and open space services may be provided within the TUSA. 2. That the CITY and the COUNTY should further examine the feasibility of creating a park and recreation district for the TUSA. 3. That standards for park,recreation,and open space services within the TUSA will be as described in the CITY'S park master plan. 4. That the CITY and COUNTY are supportive of the concept of a parks systems development charge as a method for the future acquisition and development of parks lands in the TUSA that are outside of the CITY. The CITY and COUNTY agree to study the feasibility of adopting such a systems development charge for lands outside of the CITY. 5. That at the next update of its parks master plan,the CITY shall address all the lands within the TUSA. 6. That the Metzger Park LID shall remain as a special purpose park provider for as long as a majority of property owners within the LID wish to continue to pay annual levies for the operation and maintenance of Metzger Park. The CITY and COUNTY also agree to the continuation of the Metzger Park Advisory Board. However,the COUNTY as administrator of the LID,may consider contracting operation and maintenance services to another provider if that option proves to be more efficient and cost-effective. This option would be presented and discussed with the Park Advisory Board before the COUNTY makes a decision. 7. That continuation of the Metzger Park LID shall not impede provision of parks, and eventually recreation services,to the Metzger Park neighborhood by the CITY. Continuation of the Metzger Park LID will be considered as providing an additional level of service to the neighborhood above and beyond that provided by the CITY. Tigard Urban Service Agreement November 26,2002 Page 19 8. That the CITY and COUNTY will coordinate with Metro to investigate funding sources for acquisition and management of parks which serve a regional function. 9. That Metro may own and be the provider of region-wide parks, recreation and open space facilities within the TUSA. Metro Greenspace and Parks facilities typically are to serve a broader population base than services provided to residents of the TUSA by the CITY. Where applicable,the CITY, COUNTY,and METRO will aspire to coordinate facility development, management and services. Tigard Urban Service Agreement November 26,2002 Page 20 EXHIBIT E PROVISIONS OF AGREEMENT FOR ROADS AND STREETS CITY and COUNTY agree: 1. Existing Conditions and Agreements A. The COUNTY shall continue to retain jurisdiction over the network of arterials and collectors within the Tigard Urban Service Area(TUSA)that are specified on the COUNTY-wide roadway system in the Washington County Transportation Plan. The CITY shall accept responsibility for public streets,local streets,neighborhood routes and collectors and other streets and roads that are not part of the COUNTY-wide road system within its boundaries upon annexation if the street or road meets the agreed upon standards described in Section 2.C.(2)below. B. The COUNTY and CITY agree to continue sharing equipment and services with renewed emphasis on tracking of traded services and sharing of equipment without resorting to a billing system, and improved scheduling of services. Additionally,the COUNTY and CITY shall work to improve coordination between the jurisdictions so that the sharing of equipment and services is not dependent on specific individuals within each jurisdiction. The COUNTY and CITY shall also work to establish a more uniform accounting system to track the sharing and provision of services. C. Upon annexation to the CITY,the annexed area shall be automatically withdrawn from the Urban Road Maintenance District(URMD). D. Upon annexation to the CITY,an annexed area that is part of the Washington County Service District For Street Lighting No. 1 shall be automatically withdrawn from the District. The CITY shall assume responsibility for street lighting on the effective date of annexation of public streets and COUNTY streets and roads that will be transferred to the CITY. The COUNTY shall inform PGE when there is a change in road jurisdiction or when annexation occurs and the annexed area is no longer a part of the street lighting district. 2. Road Transfers Transfer of jurisdiction may be initiated by a request from the CITY or the COUNTY. A. Road transfers shall include the entire right-of-way(e.g.,a boundary cannot be set down the middle of a road)and proceed in a logical manner that prevents the creation of segments of COUNTY roads within the CITY'S boundaries. Tigard Urban Service Agreement November 26,2002 Page 21 B. Within thirty days of annexation,the CITY will initiate the process to transfer jurisdiction of COUNTY and public streets and roads within the annexed area, including local streets, neighborhood routes,collectors and other roads that are not of county-wide significance. The transfer of roads should take no more than one year from the effective date of annexation. C. The COUNTY: (1) To facilitate the road transfer process,the COUNTY will prepare the exhibits that document the location and condition of streets to be transferred upon receipt of a transfer request from the CITY. (2) Prior to final transfer,the COUNTY: (a) Shall complete any maintenance or improvement projects that have been planned for the current fiscal year or transfer funds for same to the CITY. (b) Shall provide the CITY with any information it may have about any neighborhood or other concerns about streets or other traffic issues within the annexed area. This may be done by providing copies of COUNTY project files or other documents or through joint meetings of CITY and COUNTY staff members. (c) Shall make needed roadway improvements so that all individual roads or streets within the area to be annexed have a pavement condition index(PCI)of more than 40 and so that the average PCI of streets and roads in the annexed area is 75 or higher. As an alternative to COUNTY-made improvements,the COUNTY may pay the CITY'S costs to make the necessary improvements. (d) Shall inform the CITY of existing maintenance agreements, Local Improvement Districts established for road maintenance purposes,and of plans for maintenance of transferred roads.The COUNTY shall withdraw the affected territory from any road maintenance LIDS formed by the COUNTY. D. The CITY: (1) Agrees to accept all COUNTY roads and streets as defined by ORS 368.001(1)and all public roads within the annexed area that are not of county-wide significance or are not identified in the COUNTY'S Transportation Plan as part of the county-wide road system provided the average PCI of all COUNTY and public roads and streets that the CITY is to accept in the annexed area is 75 or higher as defined by the COUNTY'S pavement management system. If any individual COUNTY or public street or road that the CITY is to accept within the area has an average PCI of 40 or less at the time of annexation,the CITY shall assume jurisdiction of the road or street only after the COUNTY has complied with Section 2.C.(2)of this exhibit. (2) Shall,in the event the transfer of roads does not occur soon after annexation, inform the newly annexed residents of this fact and describe when and under what conditions Tigard Urban Service Agreement November 26,2002 Page 22 the transfer will occur and how maintenance will be provided until the transfer is complete. E. The CITY shall be responsible for the operation,maintenance and construction of roads and streets transferred to the CITY as well as public streets annexed into the CITY. CITY road standards shall be applicable to transferred and annexed streets. The CITY shall also be responsible for the issuance of access permits and other permits to work within the right-of-way of those streets. 3. Road Design Standards and Review Procedures and Storm Drainage The CITY and COUNTY shall agree on: A. The CITY and COUNTY urban road standards and Clean Water Service standards that will be applicable to the construction of new streets and roads and for improvements to existing streets and roads that eventually are to be transferred to the CITY, and.streets and roads to be transferred from the CITY to the COUNTY; B. The development review process and development review standards for COUNTY and public streets and roads within the TUSA, including COUNTY streets and roads and public streets that will become CITY streets,and streets and roads that are or will become part of the COUNTY-wide road system; and C. Maintenance responsibility for the storm drainage on COUNTY streets and roads within the TUSA in cooperation with Clean Water Services. 4. Review of Development Applications and Plan Amendments A. The COUNTY and CITY, in conjunction with other Washington County cities and the Oregon Department of Transportation(ODOT), shall agree on a process(es)and review criteria(e.g.,types and levels of analysis)to analyze and condition development applications and plan amendments for impacts to COUNTY and state roads. B. The review process(es),review criteria,and criteria to condition development and plan amendment applications shall be consistent with the Oregon Highway Plan,the Regional Transportation System Plan, COUNTY and CITY Transportation Plans and Title 6 of METRO'S Urban Growth Management Functional Plan. 5. Maintenance Cooperation A. The COUNTY and CITY,in conjunction with ODOT, shall consider developing an Urban Road Maintenance Agreement within the TUSA area for the maintenance of COUNTY, CITY,and state facilities, such as separately owned sections of arterial streets and to supplement the 1984 League of Oregon Cities Policy regarding traffic lights. Tigard Urban Service Agreement November 26,2002 Page 23 A. The COUNTY and CITY, in conjunction with other Washington County cities, shall develop a set of minimum right-of-way maintenance standards and levels of activity to be used in performance of services provided under the exchange of services agreement described above in 5. a. C. The COUNTY may contract with the CITY for the maintenance of COUNTY streets and roads within the TUSA utilizing an agreed upon billing system. D. The COUNTY, CITY and ODOT, in conjunction with other Washington County cities, will study opportunities for co-locating maintenance facilities. 6. Implementation Within one year of the effective date of this AGREEMENT,the CITY and COUNTY agree to develop a schedule that describes when the provisions of this exhibit shall be implemented. Tigard Urban Service Agreement November 26,2002 Page 24 EXHIBIT F PROVISIONS OF AGREEMENT FOR SANITARY SEWER AND STORM WATER MANAGEMENT CLEAN WATER SERVICES, (CWS), CITY and COUNTY agree: 1. As a county service district organized under ORS 451, CWS has the legal authority for the sanitary sewage and storm water(surface water)management within the CITY and the urban unincorporated area. CWS develops standards and work programs, is the permit holder, and operates the sanitary sewage treatment plants. 2. The CITY performs a portion of the local sanitary sewer and storm water management programs as defined in the operating agreement between the CITY and CWS. This agreement shall be modified on an as-needed basis by entities to the agreement. 3. At the time of this AGREEMENT,the following are specific issues that the parties have addressed as part of this process and agree to resolve through changes to current intergovernmental agreements. A. Rehabilitation of Sewer Lines.with Basins Identified with High Levels of Infiltration and Inflow.(I&1). B. For lines that are cost-effective to do rehabilitation, CWS and the CITY will consider cost- sharing regardless of line size under a formula and using fund sources to be agreed on between CITY and CWS. The cost-share is to be determined through specific project intergovernmental agreements. Following the evaluation of program funding methods, CWS, in cooperation with the CITY,will determine the long-term funding for I&I and other rehabilitation projects. C. CWS,with assistance from the CITY and other Washington County cities, shall undertake periodic rate studies of monthly service charges to determine whether they are adequate to cover costs,including costs of maintenance and rehabilitation of sewer lines. The rate study shall consider sewer line deterioration and related maintenance and repair issues. 4. Master and Watershed Planning: A. Primary responsibility for master and watershed planning will remain with CWS,but the CITY will be permitted to conduct such planning as long as these plans meet CWS standards. CWS and the CITY shall use uniform standards, such as computer modeling, to conduct these studies. CWS and the CITY shall determine their respective cost-sharing responsibility for conducting these studies. Tigard Urban Service Agreement November 26,2002 Page 25 B. CWS and the CITY, in conjunction with other Washington County cities using the City/District Committee established by CWS, shall develop uniform procedures for the coordination and participation between CWS,the CITY and other cities when doing master and watershed planning. 5. Sanitary Sewer Systems Development Charges CWS and the CITY, in conjunction with other Washington County cities, shall use the results of the CWS Conveyance System Management Study,or updates,for options for collection and expenditure of SDC funds to address current disparities between where funds are collected and where needs are for projects based on an agreed upon CITY/CWS master plan. 6. Storm Water Management System Development Charges A. CWS and the CITY shall use the results of the CWS Surface Water Management Plan Update Project to address all aspects of storm water management and to provide more direction to CWS and the CITY. B. Watershed plans being prepared by CWS for storm water management shall address the major collection system as well as the open-channel system to identify projects for funding. 7. Maintenance CWS, in cooperation with the CITY and other Washington County cities, shall use the results of the CWS Conveyance System Management Study for guidance to resolve issues related to roles of the DISTRICT and the cities in order to provide more cost effective maintenance of the collection systems. Tigard Urban Service Agreement November 26,2002 Page 26 EXHIBIT G PROVISIONS OF AGREEMENT FOR WATER SERVICE TUALATIN VALLEY WATER DISTRICT(TVWD), TIGARD WATER DISTRICT(TWD), CITY and COUNTY agree: 1. Supply: A. Supply generally will not impact service boundaries,given that a limited number of sources provide all the water in the study area and the number of interconnections between providers are increasing and are encouraged to continue in the future. B. Future supply and conservation issues may be addressed through the Regional Water Consortium to the extent reasonable and practicable for water providers in Washington County. Service providers in the TUSA shall continue to participate in the Consortium and use it as the forum for raising,discussing and addressing supply issues. C. The Consortium may also serve as a forum to discuss and resolve water political issues to the extent reasonable and practicable for water providers in Washington County. The Consortium is an appropriate forum to bring elected officials together and for promoting more efficient working relationships on water supply and conservation issues. D. Intergovernmental agreements shall address ownership of interconnections between CITY and Districts' sources,whether for the purpose of wholesale provision of water from one entity to the other or for emergency use, in the case of a boundary change that involves the site of the interconnection. 2. Maintenance/Distribution: A. TVWD,TWD and the CITY do not anticipate any events in the foreseeable future that would necessitate maintenance, rehabilitation or replacement beyond the financial reach of any of the water providers in the TUSA. Each provider will continue to be responsible for providing the financial revenue stream through rates and charges and to accrue adequate reserves to meet foreseeable major maintenance needs. B. TVWD,TWD, CITY, and COUNTY agree to maintain and participate in the Cooperative Public Agencies of Washington County in order to efficiently share and exchange equipment and services. C. To the extent reasonable and practicable,TVWD, TWD and the CITY shall coordinate mandated(under Oregon law)underground utility locating services to efficiently provide service within the urban service areas. Tigard Urban Service Agreement November 26,2002 Page 27 D. TVWD, TWD and CITY agree to provide to one another copies of as-builts of existing and new facilities and other types of water system maps for the purposes of facilitating planning,engineering and design of other utilities or structures that may connect, intersect or be built in proximity to CITY facilities. The CITY agrees to incorporate such mapping into its GIS mapping system of utilities and other facilities. TVWD,TWD and CITY agree to develop and maintain a common,on-going,up to date GIS mapping system showing facilities of each water provider within the TUSA. 3. Customer Service/Water Rates: A. Price of supply and bonded indebtedness will most likely have the greatest impact on rates. B. TVWD, TWD,and the CITY believe that rates are equitable within the TUSA. C. Given adequate water pressure, level and quality of service should not vary significantly among different water providers in the TUSA and does not appear to be an issue for most customers. 4. Withdrawal/Annexation/Merger: A. Notwithstanding Section I of this AGREEMENT Roles and Responsibilities, or existing agreements between the providers,future annexations may lead to changes in service provision arrangements. Modifications to any service area boundary shall comply with METRO Code Chapter 3.09 and provisions identified under Section IV. If necessary,the Metro Boundary Appeals process shall be employed to resolve conflicts between parties as they arise. TVWD,TWD, and the CITY shall continue to work together to adjust boundaries as appropriate to improve the cost-effectiveness and efficiency of providing service. B. In the event that the entire service area of any DISTRICT is annexed in the future,that district shall be dissolved. No attempt shall be made to maintain the district by delaying annexation of a token portion of the district(e.g.,the district office). C. The area of TVWD known as the Metzger service area shall remain in TVWD, except those portions agreed to by both TVWD and CITY that may be withdrawn from TVWD upon annexation to the CITY. In exchange,TVWD will support the CITY joining as a partner of the Joint Water Commission. D. Providers that propose a merger,major annexation or dissolution shall give all providers in the study area an opportunity to influence the decision as well as plan for the consequences. None of the parties waives its right to contest a major or minor boundary change by any of the other parties on the issue of the appropriate service provider for the area encompassed by the boundary change except when the party has expressly waived that right as to a described service area in an agreement executed subsequent to this agreement. wpshare\Sb122\Tigard USATinal Agreement 11-26-02.doc Tigard Urban Service Agreement November 26,2002 Page 28 1.r : q, _.3r a fli I� •nw rt ^•1 r . :::r r n• •a.'fb- :.r r e', . �1•�� iai .,"�. � r,•d 7in.a! '1•r�{,+�rS :II. r■•!r:►111 'I-/@>� irA...;. . •@.' �♦117q¢,: •avy'?'..,I�•\ ��, `•."',,�_- !�l't ��k►c: 1 ee■� .�� + •=i •o• '-ar' dr1i �' ►•tr l�r.n::SIlli �rrrJ � t'. v-V rl� "a - w�• r ♦ i All r t r II 11@. ,� � ! '• `•ie •t° -Cr■::el: ♦ \ rx• �-a. • :.I:u '° v � •• X111 a i1 f 1 ,Iv 'A�.t_•S Aoiere., .._.:3,A n i R U. ;r9 ri,• 1.a ♦_ .Crrr rII ♦• 1' - IIL J �.•� n.• "��. r r. 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IM7 Mrs s� �jj ROW �iIi� `•• 1 I Iy `�r d r, � i AM Ask Am ,11 111.E l a �•►./� 111 •YI „ - >=..dlf Y-_-_�•C�� .II!•-nri C'r 7t r♦Y .V � 111 1 111 ' 111 - - Attachment 1 URBAN SERVICES INTERGOVERNMENTAL AGREEMENT BETWEEN CITY OF TIGARD AND WASHINGTON COUNTY This agreement is entered into thishday of Sei1ttaber 2002,by WASHINGTON COUNTY, hereinafter"COUNTY" and the CITY OF TIGARb, hereinafter"CITY",both political subdivisions of the State of Oregon. WHEREAS,ORS 190.007 provides for the furthering of economy and efficiency in local government and that intergovernmental cooperation is a matter of state wide concern; and WHEREAS, ORS 190.010 provides that units of government may enter into agreements for the performance of any and all functions and activities that a party to the agreement,its officers or agencies have authority to perform; and WHEREAS, Article IV(13)(2)of the Urban Planning Area Agreement called for a study of the transfer of responsibility for certain urban services from the COUNTY to the CITY to determine the cost effectiveness and feasibility of this transfer; and WHEREAS, the COUNTY and the CITY believe it is in the best interest of efficiency and economy to transfer responsibility of certain services to the local unit of government consistent with the objectives of ORS 195; WHEREAS, the COUNTY and the City entered into an urban services IGA dated May 12, 1997 and now wish to update that agreement; WHEREAS,this agreement provides for a newly designed method to provide governmental services, is unique to the parties, and is subject to amendment; it is not intended to be used as a model agreement for other jurisdictions; URBAN SERVICES INTERGOVERNMENTAL AGREEMENT/TIGARD/WASHINGTON COUNTY Page 1 �L 0 Attachment 1 NOW,THEREFORE,THE COUNTY AND THE CITY AGREE AS FOLLOWS: 1. AREA AFFECTED BY AGREEMENT A. The area affected by the intergovernmental agreement is defined by Exhibit "I" to this agreement and is hereinafter referred to as the "area." I1. DELEGATION OF AUTHORITY A. The COUNTY agrees to delegate to the CITY any and all additional authority that it possesses and which is needed by the CITY to carry out planning, development,road functions and other related activities within the area. The effective date and terms of the delegation of authority are as provided for in this agreement. Among the actions to be authorized pursuant to this provisions will be: 1. Provision of planning information to applicants for development review for all land development proposed for the area. 2. Performance of pre-application conferences. 3. Preparation of staff reports and performance of site visits for pending applications. 4. Coordination and provision of public notice of land use applications. 5. Collection of fees pertaining to development applications,building permits right-of-way use fees, systems development charges and traffic impact fees. 6. Presentation of staff recommendations pertaining to land use proposals at public hearings. 7. Preparation of administrative decisions for those applications that do not require public hearings,in keeping with the Tigard Community Development Code. 8. Conducting of public hearings before the land use approval authority as provided by the Tigard Community Development Code. 9. Conducting of appeal hearings before the land use approval authority as provided by the Tigard Community Development Code. 10. Preparation of final orders for all final decisions made pursuant to this agreement. 11. Representing the CITY in any appeal of a decision made by the CITY under this agreement to LUBA or any other court and representing the CITY in URBAN SERVICES INTERGOVERNMENTAL AGREEMENT/TIGARD/WASHINGTON COUNTY Page 2 Attachment 1 mandamus actions or any other actions in state or federal court. 12. Review of construction activities related to development approvals granted pursuant to this agreement for compliance with conditions of development approval. 13. Coordination with engineering and other appropriate staff for review and approval of public facilities related to development application and construction. 14. Interpretation of the applicable comprehensive plan and implementing regulations for the area. 15. Exercise of subdivision authority within the area. 16. Processingand issuance of building permits for all construction activities g within the area. Performance of all building inspecting and enforcement relating to permits issued. 17. Surface maintenance and improvements of roads within the area; all other routine maintenance shall be provided by County. 18. Issuance of all access permits and right of way use and right-of-way construction permits for the area. 19. Enforcement of code and permit violations including: a. Development and zoning violations b. Building code violations C. Conditions of approval violations d. Right of way permit violations e. Road and street hazards 20. Reviewing OLCC and DMV land use compatibility statements. 21. Collection of Park System Development Charges pursuant to the provisions of Exhibit 7. III. RESPONSIBILITIES OF THE PARTIES A. General Terms Regarding Responsibilities of the Parties. It is the intention of the parties hereto that there be no cost to the CITY in the undertaking of the responsibilities under this agreement. As to operational costs,the fee schedule adopted for development review and building permit services is intended to fully cover all direct and indirect costs to the CITY associated with development review and building permit functions. URBAN SERVICES INTERGOVERNMENTAL AGREEMENT/TIGARD/WASHINGTON COUNTY Page 3 Attachment 1 As of the date of this Agreement,the parties contemplate that there are three broad areas of cost of service in the Area which is the subject of this agreement. Those areas of cost are: 1. operational expenses, 2. defense of litigation, administrative and LUBA appeals occasioned by development review and engineering review of development; and 3. liability under tort, constitutional and related theories. It is the intent of the parties that the CITY will be fully compensated for operational expenses relating to this Agreement through application fees collected by the City or by funds transferred from the County. The remaining two described cost areas to the CITY will be analyzed as provided in Section(IV)(B)and(VI). B. The County agrees to perform the following activities as part of this intergovernmental agreement: 1. Transfers of all special fund allocations to the CITY for specific services denoted in this agreement shall be made in accordance with the provisions of Exhibit 3. Any interest accrued by the CITY shall be used in furtherance of delivering such specific services. In the event of funding short falls for operational expenses arising out of the CITY's assumption of obligations under this agreement,the provisions of paragraph IV(A)(1)shall govern the transfer of additional funds to the CITY by the COUNTY. 2. Any service under this agreement provided by CITY that requires payment by COUNTY to CITY for such service shall only be required of the CITY as long as COUNTY makes the payments to CITY as required by this agreement. This agreement shall terminate if COUNTY is unable to make payments to CITY required under this agreement due to reductions in the COUNTY budget. 3. Provide as needed technical assistance to the CITY to assist in those services requiring COUNTY expertise. Such technical assistance shall be delivered to the CITY at no charge and in a timely manner. More specifically,the COUNTY agrees to provide technical assistance in development review to assist the CITY's Community Development Department render appropriate land use decisions including "areas of special concern" and floodplain/drainage hazard areas, as defined in the COUNTY's Bull Mountain Community Plan. 4. Provide coordination with the CITY in updating and development of the COUNTY's transportation capital improvement program. 5. Adopt provisions of Tigard's Municipal Code, allow the use of certain City engineering standards(e.g., street width,curb type, sidewalk location), and other City rules that are necessary for the CITY to have authority to fulfill the delegation provisions listed under section II of this agreement. 6. If at a quarterly meeting,it is determined that the COUNTY fee schedule is URBAN SERVICES INTERGOVERNMENTAL AGREEMENT/TIGARD/WASHINGTON COUNTY Page 4 Attachment 1 not adequate to compensate CITY for services performed,upon presentation of adequate documentation to this effect, COUNTY shall adjust its fee schedule for the area to attempt to cover the cost of the service. In addition,the cost recovery provisions of paragraph IV(A) shall apply consistent with the intent that there be no net loss to the CITY for operational expenditures under this agreement. C. The CITY agrees to perform the following activities as part of this intergovernmental agreement: 1. Perform land development services(development assistance development review)on a daily basis consistent with the CITY Community Development Code as adopted by the COUNTY. 2. Perform building inspection services(plan review, electrical,plumbing, mechanical, structural)on a daily basis consistent with the state law and the CITY code as adopted by the COUNTY. 3. Utilize the COUNTY'S street standards or those City standards agreed to by COUNTY in evaluating public and private development and/or projects in the area. The County Engineer shall approve the standards to be used during plan review. 4. Perform surface maintenance work for County and public roads and receive payment for such work from County and Urban Road Maintenance District(URMD),as described in Exhibit 2 and 3. 5. Perform road capital improvements and receive payment for such improvements from Traffic Impact Fees, as described in Exhibit 4. 6. Perform code enforcement services on a daily basis consistent with the CITY codes as adopted by the County and receive payment for such enforcement, as described in Exhibit 5. 7. As of the date of this agreement, CITY shall impose a condition upon any applications which requires street lighting,that the applicant will agree to the formation of a Street Lighting District. 8. Take responsibility for and complete inspections and reviews for all existing building permits and complete review of all development permit applications(including requests for extensions on existing permits)that are filed after the effective date of this agreement and receive payments, as described in Exhibit 6. 9. Collect all pertinent fees and taxes relevant to building permits, traffic impact tax, sign permits,right-of-way use permits, sign permits and development application fees. CITY shall apply its own fee schedules for all engineering, development,and. building permits. CITY may adopt revised fee schedules as necessary to fully recover costs for providing services. CITY shall retain all fees it collects for its services. COUNTY shall continue to collect Maintenance Local Improvement District(MLID) URBAN SERVICES INTERGOVERNMENTAL AGREEMENT/TIGARD/WASHINGTON COUNTY Page 5 Attachment 1 and URMD assessments for this area and transfer them as provided for in this agreement under Exhibit 2. 10. All other actions reasonably necessary to carry out the authority given to CITY as provided for in the attached Exhibits. IV. OPERATING PROCEDURES AND RELATIONSHIPS The COUNTY and CITY agree: A. Operational Expenses. It is expected that the City will adjust its fees as necessary over time to cover its operating costs. If those funds transferred or fees gathered are not sufficient to pay for the services required by this agreement,the COUNTY shall reimburse CITY for any deficiency remaining at the end of each year. Such reimbursement shall be in accordance with the provisions of Exhibit 3. To be eligible to receive such payments for the deficiency,the CITY is required to: 1. Meet annually with COUNTY and give accounting records of the CITY's fund for these services that describe the cost of services and the revenues generated during the year. CITY shall also make estimates about levels of services, staffing requirements and revenue projections for the next year. The annual meetings shall aid in determining the fund transfers that are set in the annual meeting as described below. 2. Maintain a separate fund and detailed accounting records for each functional area and funding source covered by this agreement. 3. Be in compliance with all other provisions of this agreement. B. Defense of Appeals/Liability As described in paragraph II(A)(11)above,it is contemplated by the parties that LUBA or other court actions may arise from the review of development in the area subject to this agreement. The CITY will undertake responsibility for defense of such actions. The cost of such defense will be borne by either the CITY or the COUNTY or a combination thereof as provided for in this paragraph. 1. When the CITY receives notice from any party that a LUBA appeal,court action or other legal review of the CITY's authority is contemplated by that party, the CITY Community Development Director shall immediately notify the COUNTY Land Use and Transportation Director in writing. The Directors or their designee(s)shall confer to determine the source and nature of the requirement resulting in the disputed and the CITY's decision on whether or not to defend the action. The COUNTY shall have 10 days from the date of the CITY's notice in which to decide whether it wants the CITY to proceed in the defense of such action. If the COUNTY requests that the CITY proceed to defense where the CITY would otherwise elect not to do so,the COUNTY will fully reimburse the CITY for all costs of defense including direct and indirect costs. Similarly,if the CITY believes it is important to proceed the defense where the COUNTY does URBAN SERVICES INTERGOVERNMENTAL AGREEMENT/TIGARD/WASHINGTON COUNTY Page 6 • Attachment I not concur,the CITY will absorb the cost. In cases where both parties believe it is important to defend an action, the parties will share equally the cost of defense. The same process shall apply in all subsequent appeals from the LUBA or court decision. In all other cases,the parties will resolve the dispute over cost using the dispute resolution methods contained in this agreement. The parties here recognize that the intent is that the party creating the cost should bear responsibility for that cost. 2. For constitutional takings claims and inverse condemnation claims, including civil rights actions alleging a taking County shall indemnify City for City's acts or omissions to a maximum aggregate amount of$500,000 on a "claims-made"basis. Claims must arise from acts or omissions occurring during the term of this Agreement and be actually received no later than two years after termination of this Agreement. This shall include defense costs, attorney fees and any settlements or judgments. Indemnification shall be on a 50/50 basis with the City participating in the first dollar of defense costs and any judgment or settlement,including attorney fees. In no event shall either party be responsible for any punitive damages awarded against the other party,its officers, employees or agents. In the event any portion of the area covered by this Agreement annexes,County's obligation under this paragraph shall cease as to any claims arising from the annexed area after annexation is final. County shall bear full responsibility for claims resulting from its approval of development prior to the effective date of this Agreement. 3. Consistent with the hold harmless provisions of paragraph VI, it is the parties' intention that each be responsible for liability arising out of its own employees'acts. 4. On July 1, 1997,County shall create a$500,000 insurance reserve fund or account dedicated exclusively to satisfying its obligations under paragraph(2) above. In no event shall County be responsible for any costs, damages,judgments, settlements,or attorney fees arising from or relating to the acts or omissions of City except to the extent of the remaining balance of this reserve. Notwithstanding termination of this Agreement, this reserve shall continue until either of the following occurs: The fund balance is expended in defense or on behalf of City as described in paragraph(2)above or all claims against City filed within two years of termination of this Agreement are finally resolved and paid. Each fiscal year, County staff shall make a recommendation to the Board regarding availability of funds to replenish the reserve and the Board shall seriously consider such action. City may terminate this Agreement on 90 days'notice if County declines to replenish the reserve in any future budget year. 5. City shall confer with County at the first opportunity if City has reason to think that a land use application or decision of City is likely to be contested beyond the City's internal review process or may give rise to a claim for damages. C. Dispute Resolution. URBAN SERVICES INTERGOVERNMENTAL AGREEMENT/TIGARD/WASHINGTON COUNTY Page 7 Attachment 1 To the extent possible, COUNTY and CITY staff will observe the rules, standards and regulation reference by this agreement. In the case of a dispute about the terms of this agreement or how to effectuate this agreement,the COUNTY and CITY staff will immediately refer the dispute to the COUNTY Director of Land Use and Transportation and the CITY Community Development Director to resolve the dispute. If the Directors have not resolved the dispute within 30 days,the dispute shall be forwarded to the CITY and COUNTY Administrators. If the matter cannot be resolved by the Administrators within 30 days,it shall be forwarded to the Council and the Board for resolution. If the matter still cannot be resolved,the arbitration provisions of ORS 190.710-190.800 shall apply. D. Amendments. Requested amendments to this intergovernmental agreement shall be submitted in writing to both the COUNTY Land Use and Transportation Director and to the CITY Community Development Director with adequate explanations as to the necessity of such amendment. A decision by the Directors to either reject or accept the amendments must be made in no more that 30 days from the receipt of the request. After review and approval by the Directors,the amendments must be submitted to the CITY Manager and COUNTY Administrator for signature or presentation to the Board and Council. The CITY Council and the COUNTY Board of County Commissioners grant authority to the CITY Manager and the COUNTY Administrator to make such changes as needed to this intergovernmental agreement to effectuate the intent and purpose of this agreement. For amendments that will result in a financial impact,the amount of the financial impact needs to be within the Administrator's and Manager's delegated authority. Any amendments outside this authority need to be made by the Council and the Board and must be submitted to the Board and Council within 90 days of the Administrator's or Manager's receipt of the proposed amendments. E. Annual Review. COUNTY and CITY will jointly conduct an annual review of this intergovernmental agreement beginning November 1 and ending no later than January 30 of each year to allow adjustments to upcoming COUNTY and CITY budgets. Such joint review shall include an evaluation of the effectiveness of the agreement,procedures, and the delivery of service in meeting the requirements of the agreement. The annual review shall also evaluate the costs of providing the services,reimburse the CITY for operating deficits described in section IV(A),and adjust such moneys that are transferred to the CITY to render services under this agreement. The CITY and COUNTY agree to take the results of this meeting, along with any amendments to the agreement made pursuant to paragraph D above, to their respective Board and Council within 30 days of such meeting. The Board and Council agree to take action on such request consistent with this agreement. F. COUNTY will make changes in Article VIII of its Community Development Code (CDC) necessary to adopt changes in the CITY's development code as it applies to the area. COUNTY and CITY shall work together to ensure that all CITY code changes are promptly adopted by COUNTY. G. The parties agree to coordinate planning efforts under Metro's 2040 Growth Concepts at a time mutually agreeable to the parties. City shall maintain$3,000,000 aggregate general,professional and automotive URBAN SERVICES INTERGOVERNMENTAL AGREEMENT/TIGARD/WASHINGTON COUNTY Page 8 Attachment 1 liability insurance for claims arising from its acts and omissions in the area subject to this Agreement. County,its officers, employees and agents shall be named as an additional insured(except that County need not be named on professional insurance if that is unavailable). County shall pay to City the first year premium to a maximum of$5,000.00. The premium for subsequent years shall be paid by City as an operating expense. City shall periodically monitor the insurance market to determine if coverage for takings and inverse condemnation claims is available. If so,County may elect to pay the premium for said insurance in lieu of maintaining the insurance reserve provided for herein. I. In the event City elects to terminate this Agreement prior to the end of the five(5) year term as provided for in section V, City agrees to return to County any equipment purchased with proceeds furnished by the County pursuant to this Agreement. V. TERM OF AGREEMENT A. This agreement shall be effective upon execution by both parties and shall remain in effect for five(5)years,or until terminated by mutual agreement of both parties. By mutual agreement, this agreement may be extended for another five (5)years. Either party may terminate this agreement between the dates of March 1 and July 1 of any year with 90 days written notice to the other party. B. The CITY shall be responsible for processing all permits or applications for this area which have not been completed at the time of the termination of this agreement. C. Except for County's obligation to indemnify City for City's acts or omissions,the parties'obligations as regards LUBA cases and to indemnify and defend each other pursuant to Section VI shall survive termination as to any claim arising from the actions of either party during the term of this Agreement. County's obligations to indemnify City for City's acts or omissions shall survive only to the extent of claims within two years of the termination of this Agreement and to the extent of funds remaining in the insurance reserve. VI. HOLD HARMLESS A. Subject to the limitations of liability for public bodies set forth in the Oregon Tort Claims Act,ORS 30.260 to 30.300, CITY shall hold harmless and indemnify COUNTY, its Commissioners, employees,and volunteers agents against any and all claims, damages, losses and expenses(including all attorney(s) fees and costs), arising out of or resulting from CITY's performance of this agreement where the loss or claim is attributable to the acts or omissions of the CITY, except as provided in section(IV)(B). B, Subject to the limitations of liability for public bodies set forth in the Oregon Tort Claims Act,ORS 30.260 to 30.300,County shall hold harmless and indemnify CITY,its Councilors,employees, agents and volunteers against all claims,damages,losses and expenses(including all attorney fees and costs)arising out of or resulting from COUNTY's performance of this agreement where the loss or claim is attributable to the acts or omissions of COUNTY,except as provided in section(IV)(B). VII. GENERAL PROVISION URBAN SERVICES INTERGOVERNMENTAL AGREEMENT/TIGARD/WASHINGTON COUNTY Page 9 Attachment 1 A. SEVERABILITY: COUNTY and CITY agree that if any term or provision of this contract is declared by a court of competent jurisdiction to be illegal or in conflict with any law,the validity of the remaining terms and provisions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if the contract did not contain the particular term or provision held to be invalid. B. THIS AGREEMENT CONSTITUTES THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN THE PARTIES RELEVANT TO TIE PURPOSE DESCRIBED HEREIN AND SUPERSEDES ALL PRIOR AGREEMENTS OR PROPOSALS, ORAL OR WRITTEN, AND ALL OTHER COMMUNICATION BETWEEN THE PARTIES RELATING TO THE SUBJECT MATTER OF THIS CONTRACT. NO WAIVER,CONSENT,MODIFICATION OR CHANGE OF TERMS OF THIS CONTRACT WILL BE BINDING ON EITHER PARTY EXCEPT AS A WRITTEN ADDENDUM SIGNED BY AUTHORIZED AGENTS OF BOTH PARTIES. URBAN SERVICES INTERGOVERNMENTAL AGREEMENT/TIGARD/WASHINGTON COUNTY Page 10 Attachment 1 In WITNESS THEREOF,the parties have executed this Urban Services Intergovernmental Agreement on the date set opposite their signatures. WASHINGTON COUNTY, OREGON CITY OF TIGARD,OREGON By By &.. V�h 19 Pawl 4 4 Tom rian James G Chairman,Board of County Commissioners TMayor, City of rd Date 9 — I O -O 2- Approved as to form: Approved as to form: E ounty Counsel Attorney V APPROVED WASHINGTON COUNTY BOARD OF COMMISSIONERS MINUTE ORDER # 0 A -311 DATE 9-3-0a- BY ,5arbata na,� CLERK OF THE B URBAN SERVICES INTERGOVERNMENTAL AGREEMENT/TIGARD/WASHINGTON COUNTY Page I I ;iii; !:3•tii•::°.•. R' ',��' Urban Services Intergovernmental Agreement g 9 Will iq.;?i}!E ;!+ii+:ii:i+i: !° T 1 'LiW0aa0WN!' L•' .,hyQ,. i;! 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' dAVENaTMay 7,2002 +. ;;.,{?is+.:::t'!i •.::{.!,,,% ,•,?• :.3.•t=:.::•::..3;1..:: s.. ..?.i}..<,:.:$EiE%;?!%; .;.,.} ...} ii�fiE is i:, Eii,,. ;:iii;i'%: %%ii%iiiii NJT1:4vOMMPieJ�OYiYina�,MA166M}tlnWt00t<M ::,•?,;,; ..ia!}:;...:.E.i:h',:,•}:ii�;:E}., .t:.c•:.:.:.f;,.i':.,i,Ei!:i., •:,iv ..,...:a•:�#:. .a.,.:;.,.... :.};{EIi{ji;;Ei i:.::,•,• EXHIBIT 2 Urban Road Maintenance District CITY shall provide surface maintenance(asphalt overlays and seal coats)and improvements of URMD roads(minor collector,local and public)in accordance with the work program to be negotiated each year and the funding provided by the DISTRICT. DISTRICT shall provide all other routine maintenance. CITY shall be responsible for responding to citizen complaints from the area concerning road conditions and maintenance. CITY will forward to DISTRICT those complaints that are beyond the scope of this agreement. CITY shall keep a distinct accounting of all expenditures for repairs and maintenance under this fund. Annually the CITY shall receive from COUNTY an amount that will be negotiated between the parties for a work program for the following year. This amount shall be established during the annual meeting of the parties as specified in the agreement and will include the estimated cost of the work plus 8%for project design,administration and inspection. Payment shall be made by COUNTY within sixty days of July 1 each year for the duration of the agreement. URBAN SERVICES INTERGOVERNMENTAL AGREEMENT/TIGARD/WASHINGTON COUNTY EXIBIT 3 Road Fund Maintenance CITY shall provide surface maintenance(asphalt overlays and seal coats)and improvements of County roads(arterial and major collector) in accordance with the work program to be negotiated each year and funding provided by the COUNTY. COUNTY shall provide all other routine maintenance and traffic operations. CITY shall be responsible for responding to citizen complaints from the area concerning road conditions and maintenance. CITY will forward to COUNTY those complaints that are beyond the scope of this agreement. CITY shall keep a distinct accounting of all expenditures for repairs and maintenance under this fund. Annually,the CITY shall receive an amount that will be negotiated between the parties for a work program for the following year. This amount shall be established during the annual meeting of the parties as specified in the agreement and will include the estimated cost of the work plus 8% for project design, administration and inspection. Payment shall be made by COUNTY within sixty days of July 1 each year for the duration of the agreement, or sixty days after the date of agreement on the negotiated amounts, whichever is later. URBAN SERVICES INTERGOVERNMENTAL AGREEMENT/TIGARD/WASHINGTON COUNTY EXHIBIT 4 Traffic Impact Fees CITY shall assume responsibility for collecting traffic impact fees for the area as of date of the agreement. Funds shall be spent for projects in the area as determined by CITY working with the COUNTY in conjunction with the Washington County Coordinating Committee. A work program shall be established for the area by the parties for the area at the annual meeting of the parties. Funds allocated from the TIF shall used to finance the agreed upon work program. CITY shall keep a subaccount of all expenditures for improvement made under this fund. CITY shall collect these fees and shall be responsible for all accounting and auditing for these fees. URBAN SERVICES INTERGOVERNMENTAL AGREEMENT/TIGARD/WASHINGTON COUNTY EXHIBIT 5 Code Enforcement CITY shall assume responsibility for code enforcement as of the date of this agreement. CITY shall enforce codes and respond to citizens complaints and prosecute violators for violations of Washington County Code Articles VIII and IX(Ordinances 487 and 488). CITY shall keep a log of all complaints and the response time to these complaints, as well as the results of the complaints. CITY shall keep all fines levied from violators. URBAN SERVICES INTERGOVERNMENTAL AGREEMENT/TIGARD/WASHINGTON COUNTY EXHIBIT 6 Building Permits City shall issue all building permits, for all activities requiring permits under the Building Codes and other CITY codes as adopted by COUNTY and perform all inspections in a timely manner. CITY shall assume responsibility for completing existing permits on the date of this agreement and all building permits requested for the area thereafter. CITY shall keep an accounting of all funds collected and expenses in maintaining the building inspection program. Funds collected by CITY shall be used to operate the CITY building permit program for the area. URBAN SERVICES INTERGOVERNMENTAL AGREEMENT/TIGARD/WASHINGTON COUNTY EXHIBIT 7 Park System Development Charge If the City undertakes the preparation of an Annexation Plan for the Bull Mtn. area, which the voters approve,the County shall allow the City to collect a Park System Development Charge(SDC)for new development for the period between the approval date of the Annexation Plan and the effective date of the annexation. The initial SDC shall be the City's current rate at the time this provision is implemented, and may be adjusted according to the City's procedures for changes to the SDC. To the extent practicable, funds collected within the Bull Mtn. area shall be expended within the area. URBAN SERVICES INTERGOVERNMENTAL AGREEMENT/TIGARD/WASHINGTON COUNTY AMENDMENT NO. 1 TO URBAN SERVICES INTERGOVERNMENTAL AGREEMENT BETWEEN CITY OF TIGARD AND WASHINGTON COUNTY y00L This agreement entered into this a day of (V&iA 2000, amends the intergovernmental agreement entered into on the 12` da of May 1997, by WASHINGTON COUNTY and the CITY OF TIGARD(the"Original Agreement'). WHEREAS,the COUNTY and the CITY have fully implemented the Original Agreement for three years to the best of their ability; and WHEREAS,the CITY has annexed an area known as the"Walnut Island", this area represents a significant portion of the territory included in Original Agreement, and the Walnut Island territory is no longer subject to the Original Agreement; WHEREAS,the COUNTY and the CITY find certain parts of the Original Agreement difficult to implement in a cost-effective and efficient way; WHEREAS,the COUNTY and the CITY find that the Original Agreement does not address certain issues that affect both parties; NOW,THEREFORE,THE COUNTY AND THE CITY AGREE TO AMEND THE ORIGINAL INTERGOVERNMENTAL AGREEMENT AS FOLLOWS: 1. Section II.A.17 is amended to read: "Surface maintenance and improvements of roads within the area; all other routine maintenance shall be l3rovided by the COUNTY." 2. Section II.A.20 is deleted; 3. Section III.C.4 is amended to read: "Perform surface maintenance work for County and public roads and receive payment for such work from COUNTY and URMD as described in Exhibits 2 and 3." 4. Sections III.C.5 and 6 are deleted; 5. Section IV.A.2 is amended to read: "Maintain a separate fund and detailed accounting records for each functional area and funding source covered by this agreement." 6. Exhibit 1 (Map)of the Original Agreement is deleted, to reflect annexation by CITY of Walnut Island,which is no longer covered by this agreement. Exhibit 1 (Map)to this Amendment No. 1 shows the area covered by this agreement. 7. Exhibit 2 (Urban Road Maintenance District)be amended to read: "CITY shall provide surface maintenance(asphalt overlays and seal coats) and improvements of URMD roads(minor collector, local and public) in accordance with the work program to be negotiated each year and the funding provided by the DISTRICT. DISTRICT shall provide all other routine maintenance. CITY shall be responsible for responding to citizen complaints from the area concerning road conditions and maintenance. CITY will forward to DISTRICT those complaints that are beyond the scope of this agreement. CITY shall keep a distinct accounting of all expenditures for repairs and maintenance under this fund. Annually the CITY shall receive from COUNTY an amount that will be negotiated between the parties for a work program for the following year. This amount shall be established during the annual meeting of the parties as specified in the agreement and will include the estimated cost of the work plus 8% for project design, administration and inspection. Payment shall be made by COUNTY within sixty days of July 1 each year for the duration of the agreement." 8. Exhibit 3 (Road Fund Maintenance) is amended to read: "CITY shall provide surface maintenance(asphalt overlays and seal coats) and improvements of County roads(arterial and major collector)in accordance with the work program to be negotiated each year and funding provided by the COUNTY. COUNTY shall provide all other routine maintenance and traffic operations. CITY shall be responsible for responding to citizen complaints from the area concerning road conditions and maintenance. CITY will forward to COUNTY those complaints that are beyond the scope of this agreement. CITY shall keep a distinct accounting of all expenditures for repairs and maintenance under this fund. Annually the CITY shall receive an amount that will be negotiated between the parties for a work program for the following year. This amount shall be established during the annual meeting of the parties as specified in the agreement and will include the estimated cost of the work plus 8%for project design, administration and inspection. Payment shall be made by COUNTY within sixty days of July l each year for the duration of the agreement." 9. Exhibit 4 is deleted. 10. Except as expressly provided in this Amendment No. 1, all other terms and conditions of the original Agreement shall continue in full face and effect. In WITNESS THEREOF, the parties have executed this Amendment No. 1 to the Urban Services Intergovernmental Agreement on the date set opposite their signatures. WASHINGTON COUNTY, OREGON CITY OF TIGARD, OREGON By B Tom Brian Jam s E. Griffi Chair,Board of County Commissioners M or, City of Tigard Date L - 12 - 0-Z Date ) All(1 1 23 2.601 Approved as to form: ounty eounsel jylALttomney APPROVED WASHINGTON COUNTY Rn uD OI' COt✓MISSIONQIS MINUTE ORDER N ..... ..D..�.»..�.�..Q......... 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Duenas DEPT HEAD OK � CITY MGR OK Lt'14— ISSUE BEFORE THE COUNCIL Amendment No. 1 to the Urban Services Intergovernmental Agreement(IGA)with Washington County is before Council for approval. This amendment is necessary to reflect the annexation of Walnut Island and ancillary islands, and the changes in road maintenance services within the Urban Services Area. STAFF RECOMMENDATION Staff recommends that Council approve,by motion, Amendment No. I to the IGA with Washington County,and. authorize the Mayor and City Attorney to sign the documents and forward them to the Washington County Board of Commissioners for further action. INFORMATION SUMMARY The original Intergovernmental Agreement with Washington County was entered into on May 12, 1997. The agreement included the area known as Walnut Island and ancillary islands. The Walnut Island area was annexed effective May 17, 2000 and is no longer covered by the IGA. In addition, effective July 1, 2000, the City withdrew routine road maintenance from the list of services being provided for the Urban Services Area. Pavement overlays, slurry seals and major capital projects remain as part of the IGA. Because of the changes since the original IGA was implemented, there is a need to amend the original agreement to reflect those changes. Amendment No. 1 amends the original agreement to reflect the changes that have occurred since the original agreement was executed. OTHER ALTERNATIVES CONSIDERED N/A VISION TASK FORCE GOAL AND ACTION COMMITTEE STRATEGY The Urban Services IGA addresses the Tigard Beyond Tomorrow Growth&Growth Management target area, Goal#2 "Urban services are provided to all citizens within Tigard's urban services boundary and recipients of services pay their share." 1 ATTACHMENT LIST 1. Amendment No. 1 to the Urban Services IGA with map (Exhibit 1) showing the new boundary (3 originals). 2. Original Urban Services IGA FISCAL NOTES Washington County provides the City of Tigard with funding necessary to provide surface maintenance on the County roads within the Urban Services Area. This funding varies from year to year and is based on a work program developed jointly with the County staff. The funding for FY 2000-01 is in the amount of$112,000. 1ACitywide\SumlAmendment No.1 to Urban Services IGA URBAN SERVICES INTERGOVERNMENTAL AGREEMENT BETWEEN CITY OF TIGARD AND WASHINGTON COUNTY This agreement is entered into this day of 1Mq:,J , 1997, by WASHINGTON COUNTY, hereinafter"COUNTY" and the CITY OF TIGARD, hereinafter "CITY" both political subdivisions of the State of Oregon. WHEREAS, ORS 190.007 provides for the furthering of economy and efficiency in local government and that intergovernmental cooperation is a matter of state wide concern, and WHEREAS, ORS 190.010 provides that units of government may enter into agreements for the performance of any and all functions and activities that a party to the agreement, its officers or agencies have authority to perform; and WHEREAS, Article IV(B)(2) of the Urban Planning Area Agreement called for a study of the transfer of responsibility for certain urban services from the COUNTY to the CITY to determine the cost effectiveness and feasibility of this transfer; and WHEREAS, the COUNTY and the CITY believe it is in the best interest of efficiency and economy to transfer responsibility of certain services to the local unit of government consistent with the objectives of SB 122; WHEREAS, this agreement provides for a newly designed method to provide governmental services, is unique to the parties, and is subject to amendment; it is not intended to be used as a model agreement for other jurisdictions; URBAN SERVICES INTERGOVERNMENTAL AGREEMENT/TIGARD/WASHINGTON COUNTY Page I NOW, THEREFORE, THE COUNTY AND THE CITY AGREE AS FOLLOWS: I. AREA AFFECTED BY AGREEMENT A. The area affected by the intergovernmental agreement is defined by Exhibit "1" to this agreement and is hereinafter referred to as the"area." II. DELEGATION OF AUTHORITY A. The COUNTY agrees to delegate to the CITY any and all additional authority that it possesses and which is needed by the CITY to carry out planning, development, road functions and other related activities within the area. The effective date and terms of the delegation of authority are as provided for in this agreement. Among the actions to be authorized pursuant to this provisions will be: 1. Provision of planning information to applicants for development review for all land development proposed for the active planning area. 2. Performance of pre-application conferences. 3. Preparation of staff reports and performance of site visits for pending applications. 4. Coordination and provision of public notice of land use applications. 5. Collection of fees pertaining to development applications, building permits right-of-way use fees, systems development charges and traffic impact fees. 6. Presentation of staff recommendations pertaining to land use proposals at public hearings. 7. Preparation of administrative decisions for those applications that do not require public hearings, in keeping with the Tigard Community Development Code. 8. Conducting of public hearings before the land use approval authority as provided by the Tigard Community Development Code. 9. Conducting of appeal hearings before the land use approval authority as provided by the Tigard Community Development Code. URBAN SERVICES INTERGOVERNMENTAL AGREEMENT/TIGARD/WASHINGTON COUNTY Page 2 10. Preparation of final orders for all final decisions made pursuant to this agreement. 11. Representing the CITY in any appeal of a decision made by the CITY under this agreement to LUBA or any other court and representing the CITY in mandamus actions or any other actions in state or federal court. 12. Review of construction activities related to development approvals granted pursuant to this agreement for compliance with conditions of development approval. 13. Coordination with engineering and other appropriate staff for review and approval of public facilities related to development application and construction. 14. Interpretation of the applicable comprehensive plan and implementing regulations for the area. 15. Exercise of subdivision authority within the active planning area. 16. Processing and issuance of building permits for all construction activities within the area. Performance of all building inspecting and enforcement relating to permits issued. 17. Maintenance and improvements of roads within the area. 18. Issuance of all access permits and right of way use and right-of-way construction permits for the area. 19. Enforcement of code and permit violations including: a. Development and zoning violations b. Building code violations C. Conditions of approval violations d. Right of way permit violations e. Road and street hazards 20. Removing vegetation from right-of-ways. 21. Reviewing OLCC and DMV land use compatibility statements. URBAN SERVICES INTERGOVERNMENTAL AGREEMENT/TIGARDMASHINGTON COUNTY Page 3 III. RESPONSIBILITIES OF THE PARTIES A. General Terms Regarding Responsibilities of the Parties. It is the intention of the parties hereto that there be no cost to the CITY in the undertaking of the responsibilities under this agreement. As to operational costs, the fee schedule adopted for development review and building permit services is intended to fully cover all direct and indirect costs to the CITY associated with development review and building permit functions. In recognition of initial start up costs and the assumption by the CITY of applications in process, an initial dollar transfers outlined below will be made by the COUNTY to the CITY as provided for herein. As of the date of this Agreement, the parties contemplate that there are three broad areas of cost of service in the Affected Area which is the subject of this agreement. Those areas of cost are: 1. operational expenses, 2. defense of litigation, administrative and LUBA appeals occasioned by development review and engineering review of development; and 3. liability under tort, constitutional and related theories. It is the intent of the parties that the CITY will be fully compensated for operational expenses relating to this Agreement. The remaining two described cost areas to the CITY will be analyzed as provided in Section(IV)(B) and (VI). B. The County agrees to perform the following activities as part of this intergovernmental agreement: 1. Transfer all documents, files, and computer data relevant to the particular services denoted in the agreement on or before the effective date of the agreement. The data shall be in a format compatible to the CITY's system. All costs associated with the creation and/or duplication of these documents, files and computer data shall be borne by the COUNTY. The documents to transferred are listed in Appendix 1. All documents shall be transferred before the effective date of this agreement. URBAN SERVICES INTERGOVERNMENTAL AGREEMENT/TIGARD/WASHINGTON COUNTY Page 4 0 2. Any service under this agreement provided by CITY that requires payment by COUNTY to CITY for such service shall only be required of the CITY as long as COUNTY makes the payments to CITY as required by this agreement. This agreement shall terminate if COUNTY is unable to make payments to CITY required under this agreement due to reductions in the COUNTY budget. 3. Transfers of all special fund allocations to the CITY for specific services denoted in this agreement shall be done before the effective date of the agreement or later as specified in this agreement. For all subsequent years, the allocations shall be made no later than 30 days after July 1 of each year. Any interest accrued by the CITY shall be used in furtherance of delivering such specific services. In the event of funding short falls for operational expenses arising out of the CITY's assumption of obligations under this agreement, the provisions of paragraph IV(A)(1) shall govern the transfer of additional funds to the CITY by the COUNTY. 4. Provide as needed technical assistance to the CITY to assist in those services requiring COUNTY expertise. Such technical assistance shall be delivered to the CITY at no charge and in a timely manner. More specifically, the COUNTY agrees to provide technical assistance in development review to assist the CITY's Community Development Department render appropriate land use decisions including"areas of special concern" and floodplain/drainage hazard areas, as defined in the COUNTY's Bull Mountain Community Plan. 5. Provide coordination with the CITY in updating and development of the COUNTY's transportation capital improvement program. 6. Adopt provisions of Tigard's Municipal Code and engineering standards, street standards and other City rules that are necessary for the CITY to have authority to fulfill the delegation provisions listed under section II of this agreement. 7. If at a quarterly meeting, it is determined that the COUNTY fee schedule is not adequate to compensate CITY for services performed, upon presentation of adequate documentation to this effect, COUNTY shall adjust its fee schedule for the area to attempt to cover the cost of the service. In addition, the cost recovery provisions of paragraph IV(A) shall apply consistent with the intent that there be no cost to the CITY for operational expenditures under this agreement. URBAN SERVICES INTERGOVERNMENTAL AGREEMENT/TIGARD/WASHINGTON COUNTY Page 5 C. The CITY agrees to perform the following activities as part of this intergovernmental agreement: 1. Perform land development services (development assistance development review) on a daily basis consistent with the CITY Community Development Code as adopted by the COUNTY. 2. Perform building inspection services (plan review, electrical, plumbing, mechanical, structural) on a daily basis consistent with the state law and the CITY code as adopted by the COUNTY. 3. Utilize the CITY's street standards as adopted by COUNTY in evaluating public and private development and/or projects in the area. 4. Perform road maintenance work for local public streets and receive payment for such work from the Urban Road Maintenance District, as described in Exhibit 2. 5. Perform road right-of-way maintenance on roads and streets and receive payment for such work from COUNTY Road Funds, as described in Exhibit 3. 6. Perform road maintenance work and receive payment for such work from Maintenance Local Improvement Districts, as described in Exhibit 4. 7. Perform road capital improvements and receive payment for such improvements from Traffic Impact Fees, as described in Exhibit 5. 8. Perform code enforcement services on a daily basis consistent with the CITY codes as adopted by the County and receive payment for such enforcement, as described in Exhibit 6. 9. As of the date of this agreement, CITY shall impose a condition upon any applications which requires street lighting, that the applicant will agree to the formation of a Street Lighting District. 10. Take responsibility for and complete inspections and reviews for all existing building permits and complete review of all development permit applications (including requests for extensions on existing permits) that are filed after the effective date of this agreement and receive payments, as described in Exhibit 7. URBAN SERVICES INTERGOVERNMENTAL AGREEMENT/TIGARD/WASHINGTON COUNTY Page 6 11. Collect all pertinent fees and taxes relevant to building permits, traffic impact tax, sign permits, right-of-way use permits, sign permits and development application fees. CITY will use the COUNTY fee schedule for all engineering and development permits as that schedule is annually adopted by COUNTY. CITY shall apply its own fee schedule for building permits. CITY shall retain all fees it collects for its services. COUNTY shall continue to collect MLID and URMD assessments for this area and transfer them as provided for in this agreement under Exhibits 2 and 4. 12. All other actions reasonably necessary to carry out the authority given to CITY as provided for in the attached Exhibits. IV. OPERATING PROCEDURES AND RELATIONSHIPS The COUNTY and CITY agree: A. Operational Expenses. It is the parties' intent that this agreement be revenue neutral to the CITY. This agreement attempts to be revenue neutral through fund transfers and the collection of fees by CITY. It is expected that the fees gathered will cover the cost of those services including some enforcement or appeals of CITY decisions. However, if those funds transferred or fees gathered are not sufficient to pay for the services required by this agreement, the COUNTY shall in addition to adjusting the fees as stated in Section III(B)(7), reimburse CITY for the any deficiency remaining at the end of each quarter. Such reimbursement shall be made within thirty (30) days of a quarterly meeting or within thirty (30) days of the end of any fiscal year whichever is applicable. To be eligible to receive such payments for the deficiency, the CITY is required to: 1. Meet quarterly with COUNTY and give accounting records of the CITY's fund for these services that describe the cost of services and the revenues generated during the quarter. CITY shall also make estimates about levels of services, staffing requirements and revenue projections for the next quarter. The quarterly meetings shall aid in determining the fund transfers that are set in the annual meeting as described below. 2. Maintain a separate fund for all accounting functions relative to the area covered by this agreement. 3. Be in compliance with all other provisions of this agreement. URBAN SERVICES INTERGOVERNMENTAL AGREEMENT/TIGARD/WASHINGTON COUNTY Page 7 B. Defense of Appeals/Liability As described in paragraph II(A)(11) above, it is contemplated by the parties that LUBA or other court actions may arise from the review of development in the area subject to this agreement. The CITY will undertake responsibility for defense of such actions. The cost of such defense will be borne by either the CITY or the COUNTY or a combination thereof as provided for in this paragraph. 1. When the CITY receives notice from any party that a LUBA appeal, court action or other legal review of the CITY's authority is contemplated by that party, the CITY Community Development Director shall immediately notify the COUNTY Land Use and Transportation Director in writing. The Directors or their designee(s) shall confer to determine the source and nature of the requirement resulting in the disputed and the CITY's decision on whether or not to defend the action. The COUNTY shall have 10 days from the date of the CITY's notice in which to decide whether it wants the CITY to proceed in the defense of such action. If the COUNTY requests that the CITY proceed to defense where the CITY would otherwise elect not to do so, the COUNTY will fully reimburse the CITY for all costs of defense including direct and indirect costs. Similarly, if the CITY believes it is important to proceed the defense where the COUNTY does not concur, the CITY will absorb the cost. In cases where both parties believe it is important to defend an action, the parties will share equally the cost of defense. The same process shall apply in all subsequent appeals from the LUBA or court decision. In all other cases, the parties will resolve the dispute over cost using the dispute resolution methods contained in this agreement. The parties here recognize that the intent is that the party creating the cost should bear responsibility for that cost. 2. For constitutional takings claims and inverse condemnation claims, including civil rights actions alleging a taking County shall indemnify City for City's acts or omissions to a maximum aggregate amount of$500,000 on a "claims-made" basis. Claims must arise from acts or omissions occurring during the term of this Agreement and be actually received no later than two years after termination of this Agreement. This shall include defense costs, attorney fees and any settlements or judgments. Indemnification shall be on a 50/50 basis with the City participating in the first dollar of defense costs and any judgment or settlement, including attorney fees. In no event shall either party be responsible for any punitive damages awarded against the other party, its officers, employees or agents. URBAN SERVICES INTERGOVERNMENTAL AGREEMENT/TIGARD/WASHINGTON COUNTY Page 8 In the event any portion of the area covered by this Agreement annexes, County's obligation under this paragraph shall cease as to any claims arising from the annexed area after annexation is final. County shall bear full responsibility for claims resulting from its approval of development prior to the effective date of this Agreement. 3. Consistent with the hold harmless provisions of paragraph VI, it is the parties' intention that each be responsible for liability arising out of its own employees' acts. 4. On July 1, 1997, County shall create a $500,000 insurance reserve fund or account dedicated exclusively to satisfying its obligations under paragraph (2) above. In no event shall County be responsible for any costs, damages,judgments, settlements, or attorney fees arising from or relating to the acts or omissions of City except to the extent of the remaining balance of this reserve. Notwithstanding termination of this Agreement, this reserve shall continue until either of the following occurs: the fund balance is expended in defense or on behalf of City as described in paragraph (2) above or all claims against City filed within two years of termination of this Agreement are finally resolved and paid. Each fiscal year, County staff shall make a recommendation to the Board regarding availability of funds to replenish the reserve and the Board shall seriously consider such action. City may terminate this Agreement on 90 days' notice if County declines to replenish the reserve in any future budget year. 5. City shall confer with County at the first opportunity if City has reason to think that a land use application or decision of City is likely to be contested beyond the City's internal review process or may give rise to a claim for damages. C. Dispute Resolution. To the extent possible, COUNTY and CITY staff will observe the rules, standards and regulation reference by this agreement. In the case of a dispute about the terms of this agreement or how to effectuate this agreement, the COUNTY and CITY staff will immediately refer the dispute to the COUNTY Director of Land Use and Transportation and the CITY Community Development Director to resolve the dispute. If the Directors have not resolved the dispute within 30 days, the dispute shall be forwarded to the CITY and COUNTY Administrators. If the matter cannot be resolved by the Administrators within 30 days, it shall be forwarded to the Council and the Board for resolution. If the matter still cannot be resolved, the arbitration provisions of ORS 190.710-190.800 shall apply. URBAN SERVICES INTERGOVERNMENTAL AGREEMENT/TIGARD/WASHINGTON COUNTY Page 9 D. Amendments. Requested amendments to this intergovernmental agreement shall be submitted in writing to both the COUNTY Land Use and Transportation Director and to the CITY Community Development Director with adequate explanations as to the necessity of such amendment. A decision by the Directors to either reject or accept the amendments must be made in no more that 30 days from the receipt of the request. After review and approval by the Directors, the amendments must be submitted to the CITY Manager and COUNTY Administrator for signature or presentation to the Board and Council. The CITY Council and the COUNTY Board of County Commissioners grant authority to the CITY Manager and the COUNTY Administrator to make such changes as needed to this intergovernmental agreement to effectuate the intent and purpose of this agreement. For amendments that will result in a financial impact, the amount of the financial impact needs to be within the Administrator's and Manager's delegated authority. Any amendments outside this authority need to be made by the Council and the Board and must be submitted to the Board and Council within 90 days of the Administrator's or Manager's receipt of the proposed amendments. E. Annual Review. COUNTY and CITY will jointly conduct an annual review of this intergovernmental agreement beginning November 1 and ending no later than January 30 of each year to allow adjustments to upcoming COUNTY and CITY budgets. Such joint review shall include an evaluation of the effectiveness of the agreement, procedures, and the delivery of service in meeting the requirements of the agreement. The annual review shall also evaluate the costs of providing the services, reimburse the CITY for operating deficits described in section IV(A), and adjust such moneys that are transferred to the CITY to render services under this agreement. The CITY and COUNTY agree to take the results of this meeting, along with any amendments to the agreement made pursuant to paragraph D above, to their respective Board and Council within 30 days of such meeting. The Board and Council agree to take action on such request consistent with this agreement. F. COUNTY will make changes in Article VIII of its Community Development Code (CDC) necessary to adopt changes in the CITY's development code as it applies to the area. COUNTY and CITY shall work together to ensure that all CITY code changes are promptly adopted by COUNTY. G. The parties agree to coordinate planning efforts under Metro's 2040 Growth Concepts at a time mutually agreeable to the parties. URBAN SERVICES INTERGOVERNMENTAL AGREEMENT/TIGARD/WASHINGTON COUNTY Page 10 t H. City shall maintain $3,000,000 aggregate general, professional and automotive liability insurance for claims arising from its acts and omissions in the area subject to this Agreement. County, its officers, employees and agents shall be named as an additional insured (except that County need not be named on professional insurance if that is unavailable). County shall pay to City the first year premium to a maximum of$5,000.00. The premium for subsequent years shall be paid by City as an operating expense. City shall periodically monitor the insurance market to determine if coverage for takings and inverse condemnation claims is available. If so, County may elect to pay the premium for said insurance in lieu of maintaining the insurance reserve provided for herein. 1. In the event City elects to terminate this Agreement prior to the end of the five (5) year term as provided for in section V City agrees to return to County any equipment purchased with proceeds furnished by the County pursuant to this Agreement. V. TERM OF AGREEMENT A. This agreement shall be effective upon execution by both parties and shall remain in effect for five (5) years, or until terminated by mutual agreement of both parties. By mutual agreement, this agreement may be extended for another five (5) years. Either party may terminate this agreement between the dates of March 1 and July 1 of any year with 90 days written notice to the other party. B. The CITY shall be responsible for processing all permits or applications for this area which have not been completed at the time of the termination of this agreement. C. Except for County's obligation to indemnify City for City's acts or omissions, the parties' obligations as regards LUBA cases and to indemnify and defend each other pursuant to Section VI shall survive termination as to any claim arising from the actions of either party during the term of this Agreement. County's obligations to indemnify City for City's acts or omissions shall survive only to the extent of claims within two years of the termination of this Agreement and to the extent of funds remaining in the insurance reserve. URBAN SERVICES INTERGOVERNMENTAL AGREEMENT/TIGARD/WASHINGTON COUNTY Page II 0 VI. HOLD HARMLESS A. Subject to the limitations of liability for public bodies set forth in the Oregon Tort Claims Act, ORS 30.260 to 30.300, CITY shall hold harmless and indemnify COUNTY, its Commissioners, employees, and volunteers agents against any and all claims, damages, losses and expenses (including all attorney(s) fees and costs), arising out of or resulting from CITY's performance of this agreement where the loss or claim is attributable to the acts or omissions of the CITY, except as provided in section (IV)(B). B. Subject to the limitations of liability for public bodies set forth in the Oregon Tort Claims Act, ORS 30.260 to 30.300, County shall hold harmless and indemnify CITY, its Councilors, employees, agents and volunteers against all claims, damages, losses and expenses (including all attorney fees and costs) arising out of or resulting from COUNTY's performance of this agreement where the loss or claim is attributable to the acts or omissions of COUNTY, except as provided in section(IV)(B). VII. GENERAL PROVISION A. SEVERABILITY: COUNTY and CITY agree that if any term or provision of this contract is declared by a court of competent jurisdiction to be illegal or in conflict with any law, the validity of the remaining terms and provisions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if the contract did not contain the particular term or provision held to be invalid. B. THIS AGREEMENT CONSTITUTES THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN THE PARTIES RELEVANT TO THE PURPOSE DESCRIBED HEREIN AND SUPERSEDES ALL PRIOR AGREEMENTS OR PROPOSALS, ORAL OR WRITTEN, AND ALL OTHER COMMUNICATION BETWEEN THE PARTIES RELATING TO THE SUBJECT MATTER OF THIS CONTRACT. NO WAIVER, CONSENT, MODIFICATION OR CHANGE OF TERMS OF THIS CONTRACT WILL BE BINDING ON EITHER PARTY EXCEPT AS A WRITTEN ADDENDUM SIGNED BY AUTHORIZED AGENTS OF BOTH PARTIES. This agreement commences on June 2, 1997. All applications or request for permits received by COUNTY between May 1, 1997 and June 1, 1997 will be transferred to CITY for all remaining actions necessary for those applications and permits. URBAN SERVICES INTERGOVERNMENTAL AGREEMENT/TIGARD/WASHINGTON COUNTY Page 12 In WITNESS THEREOF, the parties have executed this Urban Services Intergovernmental Agreement on the date set opposite their signatures. WASHINGTON COUNTY, OREGON ClT OF TIGARDXO By �j�j_ By Linda PetersJim Nicoll Chair, Board of County Commissioners ayor, City of Tigard Date /2 C, 9 'l Date Approved as to form: Approved as to form: ounty Counse City Attorney pjb/acm/9006I/activpin.ig7(5/7/97) APPROVED WASHINGTON COUNTY BOARD OF COMMISSIONERS MINUTE ORDER N .....L .7..`.../....1.rr ............. DATE ......... -,c�.�.-..L..».... CCF.RK OF THE ARD URBAN SERVICES INTERGOVERNMENTAL AGREEMENT/TIGARD/WASHINGTON COUNTY Page 13 w NONE loom I�IMMM Q--W&A EXHIBIT 2 Urban Road Maintenance District Responsibility for services under the URMD shall not take effect until November 1, 1997. CITY shall provide maintenance of urban roads in the area to keep existing roads in the URMD consistent with the work program to be negotiated each year and the funding provided by the District. CITY shall be responsible for responding to citizen complaints from the area concerning road conditions and maintenance. The funding for the URMD will expire in 1998/1999. The last day for the imposition of assessment for this District will be November 1999. Once the funding expires, the duties for urban road maintenance under this District and under this agreement will cease. City shall keep a subaccount of all expenditures for repairs and maintenance performed under this fund. City shall receive payment from the County from the UMRD in the amount of $1,620.00 as of November 1, 1997. This money is for minor maintenance duties for the remainder of the 1996- 1997 year. There after, the City shall receive an amount that will be negotiated between the parties for a work program for the following year. This amount shall be established during the annual meeting of the parties as specified in the agreement. Payment shall be made by COUNTY within thirty days of July 1 each year for the duration of the agreement. EXHIBIT 3 Road Fund Maintenance CITY shall assume responsibility for road maintenance duties described in this exhibit as the Road Maintenance Program on November 1, 1997. CITY shall provide maintenance of roads in the area to keep existing roads consistent with the work program to be negotiated each year and the funding provided by the District. CITY shall be responsible for responding to citizen complaints from the area concerning road conditions and maintenance. CITY shall keep a subaccount of all expenditures for repairs and maintenance performed under this fund. CITY shall receive payment from the COUNTY from the COUNTY Road Fund in the amount of $41,343.00 as of November 1, 1997. Thereafter, the CITY and COUNTY shall mutually agree upon a work program and an amount to be received for such work program for the following fiscal year at the annual meeting of the parties. Road Maintenance Program There are 44.95 miles of road to be maintained in the transfer area with 30.07 miles of local roads, 4.24 miles of minor collector roads and 10.64 miles of major collector roads respectively. Road maintenance is scheduled and service requests prioritized as per the county's road prioritization policy. The COUNTY's Road Maintenance Priority Policy provides guidelines for allocation of our maintenance funds. These guidelines shall be used to help establish the yearly work program for the area. The policy defines various maintenance activities by type, ranging from legally mandated services, to total reconstruction. A numerical value is assigned to each activity based on the road's functional classification with major arterial and collectors given first priority for general maintenance. Minor collectors and local roads are given a higher level of service with the passing of the URMD program, however without renewal the maintenance service on these roads will follow our priority matrix and receive emergency and hazard abatement only. Emergencies and hazards are given top priority, for example all stop signs and stop ahead signs damaged or down are repaired within two hours of notification. For collector roads that are both in area, as well as the unincorporated portion of Washington County, CITY shall assume full maintenance responsibility. (Example: Bull Mountain Road). Development affecting the arterials and collector streets within the transfer limits has already happened and appears to be"built out". Traffic Operations Program Traffic Operations provides support to include analyzing traffic control device warrants to insure and enhance roadway safety. Also provided are traffic analysis, studies, reports and pre-marking services as necessary. Traffic Operations staff support the Neighborhood Traffic Calming Program by conducting traffic studies and obtaining traffic count data. Staff work with individuals and citizen groups to address neighborhood livability issues and implement traffic enhancements. A $5,452.00 allowance has been provided for this purpose. Neighborhoods requesting traffic calming shall be ranked and prioritized as per CITY's current method. An amount of$7,500 shall be used for projects that would normally qualify under CITY's program. Funds may also be used for education tools such as readerboards, banners, and community outreach. The Mountain Gate Subdivision has requested traffic calming in their neighborhood. Under COUNTY's current program they do not rank high enough to qualify for funding. The Homeowners Association has verbally agreed to pay for traffic calming improvement themselves. It is recommended that CITY complete any necessary staff work and engineering development to get this project off the ground. Night Road Logs: To ensure a high standard for maintenance of signs and striping, CITY shall conduct night road logs checking for reflectivity once a year on arterials and collector roads. This is accomplished with 2 employees working as a team, covering an average of 55 lane miles per night or 7 lane miles per hour. Street Name Limits Mileage 115th Avenue Fonner Street to City Limits 00.18 121 st Avenue Walnut Street to Gaarde 01.66 Street 131 st Avenue Beef Bend Road to Fischer 01.06 Road 150th Avenue Sunrise Lane to Beef Bend 02.32 Road Bull Mountain Road Highway 99W to Beef Bend 06.18 Road Fischer Road Highway 99W to 131 st 01.36 Avenue Fonner Street Walnut Street to 121 st 01.66 Avenue Gaarde Street City Limits to 121 st Avenue 00.89 Roshak Road Bull Mountain Road to End 00.56 of AC Tiedeman Avenue Walnut Street 00.03 Walnut Street 106th Avenue to 135th 03.16 Avenue 19.06 lane miles Station Counts: In order to track traffic trends and monitor the level of service, CITY shall conduct counts at the following established stations. Average cost during the 95/96 fiscal year was $63.97 per count. Street Name Cross Street Location 150th Avenue Beef Bend Road .3N #439 Bull Mountain Road 150th Avenue .1E #403 Walnut Street 122nd Avenue lW #438 Traffic Maintenance Program Striping and Stencils: No work proposed for this fiscal year. Vegetation Program: No work proposed for this fiscal year. A minimal payment of$3,000.00 for incidental brush removal. Drainage Program Drainage requests, including emergency situations are currently handled by the Unified Sewerage Agency. The major collector roads are not scheduled for ditching until the 1999/2000 fiscal year. However, an $6,000.00 budget will be transferred to CITY for drainage maintenance, emergency response and additional citizen requests not currently identified by USA. The following work program shall be completed for the upcoming fiscal year by CITY: 1. Bull Mountain Road: Ditch south from Roshack Road and install rip- rap in ditch as needed. 2. Bull Mountain Road: Reshape ditch and install shoulder rock at 11670 SW Bull Mountain Road -- mailbox installed in flowline of ditch, light flooding of property. 3. 150th Avenue: Light ditch work at 14400 SW 150th Avenue, homeowner mailbox located in ditch blocking flow. 4. 121 st Avenue&Walnut Street: Spot ditching at inlets and outlets of the driveways and road crossing tiles. EXHIBIT 4 Maintenance Local Improvement Districts As of May 1, 1997, CITY shall impose a condition on any land use application requiring the creation of roads, for the establishment of a Maintenance Local Improvement District. CITY responsibility for service under the Maintenance Local Improvement Districts shall not commence to November 1, 1997. As of this date, CITY shall provide maintenance of roads covered under applicable Maintenance Local Improvement Districts in the area following a work program as mutually agreed to by the parties. CITY shall be responsible for responding to citizen complaints from the area concerning road conditions and maintenance. CITY shall keep a subaccount of all expenditures for repairs and maintenance performed under this fund. CITY shall not receive any payments from the COUNTY from the Maintenance Local Improvement Districts for 1996-1997 year. There after, the CITY shall receive an amount that will be negotiated between the parties for a work program for the following year. This amount shall be established during the annual meeting of the parties as specified in the agreement. Payment shall be made by COUNTY within thirty days of July 1 each year for the duration of the agreement. EXHIBIT 5 Traffic Impact Fees CITY shall assume responsibility for collecting traffic impact fees for the area as of date of the agreement. Funds shall be spent for projects in the area as determined by CITY working with the COUNTY in conjunction with the Washington County Coordinating Committee. A work program shall be established for the area by the parties for the area at the annual meeting of the parties. Funds allocated from the TIF shall used to finance the agreed upon work program. CITY shall keep a subaccount of all expenditures for improvement made under this fund. CITY shall collect these fees and shall be responsible for all accounting and auditing for these fees. EXHIBIT 6 Code Enforcement CITY shall assume responsibility for code enforcement as of the date of this agreement. CITY shall enforce codes and respond to citizens complaints and prosecute violators for violations of Washington County Code Articles VIII and IX (Ordinances 487 and 488). CITY shall keep a log of all complaints and the response time to these complaints as well as the results of the complaints. CITY shall keep all fines levied from violators. County shall pay a base amount of$15,000.00 with this amount being transferred to the CITY on May 1, 1997. At the end of the fiscal year 1997-1998, if CITY has responded to more than 71 cases in the area COUNTY shall pay an additional amount of$150.00 for each case not to exceed $30,000.00. • s EXHIBIT 7 Building Permits City shall issue all building permits, for all activities requiring permits under the Building Codes and other CITY codes as adopted by COUNTY and perform all inspections in a timely manner. CITY shall assume responsibility for completing existing permits on the date of this agreement and all building permits requested for the area thereafter. County shall pay City $200,000.00 to complete existing building permits. These funds shall be transferred as of the day of the agreement. CITY shall keep an accounting of all funds collected and expenses in maintaining the building inspection program. Funds collected by CITY shall be used to operate the CITY building permit program for the area. pjb/acm/9006 I/activp1mex3(4/11/97) APPENDIX 1 File, Document& Computer Data Transfers ♦ FEMA Maps ♦ County Zoning Map ♦ County Assessor's Tax Maps (two sets) ♦ Subdivision Plats ♦ Address maps ♦ County Assessor's Property Owners List (including those within 250' of Urban Services Boundary) ♦ County Comp Plan Map and Transportation Plan Map (Modification of original Transportation Plan to identify all new collectors and proposed collectors.) ♦ Benchmark Map & Description(include both Tigard and Urban Services Area) ♦ Full-size Street Map with index and parcels(include both Tigard and Urban Services area) ♦ As-built Drawings for Public Streets and Subdivisions ♦ Electronic Download of Sierra Permit Information ♦ Digital Orthophotos ♦ Detailed Natural Resource Information(if available) ♦ Identification of Special Problem Areas ♦ Contact names and phone numbers of Washington County staff URBAN SERVICES INTERGOVERNMENTAL AGREEMENT BETWEEN CITY OF TIGARD AND WASHINGTON COUNTY This agreement is entered into this I 1 day of )L�� ' 1997, by WASHINGTON COUNTY, hereinafter"COUNTY" and the CITY OF TIGARD, hereinafter "CITY" both political subdivisions of the State of Oregon. WHEREAS, ORS 190.007 provides for the furthering of economy and efficiency in local government and that intergovernmental cooperation is a matter of state wide concern; and WHEREAS, ORS 190.010 provides that units of government may enter into agreements for the performance of any and all functions and activities that a party to the agreement, its officers or agencies have authority to perform; and WHEREAS, Article IV(B)(2) of the Urban Planning Area Agreement called for a study of the transfer of responsibility for certain urban services from the COUNTY to the CITY to determine the cost effectiveness and feasibility of this transfer; and WHEREAS, the COUNTY and the CITY believe it is in the best interest of efficiency and economy to transfer responsibility of certain services to the local unit of government consistent with the objectives of SB 122; WHEREAS, this agreement provides for a newly designed method to provide governmental services, is unique to the parties, and is subject to amendment; it is not intended to be used as a model agreement for other jurisdictions; URBAN SERVICES INTERGOVERNMENTAL AGREEMENT/TIGARD/WASHINGTON COUNTY Page 1 NOW, THEREFORE, THE COUNTY AND THE CITY AGREE AS FOLLOWS: 1. AREA AFFECTED BY AGREEMENT A. The area affected by the intergovernmental agreement is defined by Exhibit "1" to this agreement and is hereinafter referred to as the"area." II. DELEGATION OF AUTHORITY A. The COUNTY agrees to delegate to the CITY any and all additional authority that it possesses and which is needed by the CITY to carry out planning, development, road functions and other related activities within the area. The effective date and terms of the delegation of authority are as provided for in this agreement. Among the actions to be authorized pursuant to this provisions will be: I. Provision of planning information to applicants for development review for all land development proposed for the active planning area. 2. Performance of pre-application conferences. 3. Preparation of staff reports and performance of site visits for pending applications. 4. Coordination and provision of public notice of land use applications. 5. Collection of fees pertaining to development applications, building permits right-of-way use fees, systems development charges and traffic impact fees. 6. Presentation of staff recommendations pertaining to land use proposals at public hearings. 7. Preparation of administrative decisions for those applications that do not require public hearings, in keeping with the Tigard Community Development Code. 8. Conducting of public hearings before the land use approval authority as provided by the Tigard Community Development Code. 9. Conducting of appeal hearings before the land use approval authority as provided by the Tigard Community Development Code. URBAN SERVICES INTERGOVERNMENTAL AGREEMENT/TIGARDIWASHINGTON COUNTY Page 2 10. Preparation of final orders for all final decisions made pursuant to this agreement. 11. Representing the CITY in any appeal of a decision made by the CITY under this agreement to LUBA or any other court and representing the CITY in mandamus actions or any other actions in state or federal court. 12. Review of construction activities related to development approvals granted pursuant to this agreement for compliance with conditions of development approval. 13. Coordination with engineering and other appropriate staff for review and approval of public facilities related to development application and construction. 14. Interpretation of the applicable comprehensive plan and implementing regulations for the area. 15. Exercise of subdivision authority within the active planning area. 16. Processing and issuance of building permits for all construction activities within the area. Performance of all building inspecting and enforcement relating to permits issued. 17. Maintenance and improvements of roads within the area. 18. Issuance of all access permits and right of way use and right-of-way construction permits for the area. 19. Enforcement of code and permit violations including: a. Development and zoning violations b. Building code violations C. Conditions of approval violations d. Right of way permit violations e. Road and street hazards 20. Removing vegetation from right-of-ways. 21. Reviewing OLCC and DMV land use compatibility statements. URBAN SERVICES INTERGOVERNMENTAL AGREEMENT/TIGARD/WASHINGTON COUNTY Page 3 • III. RESPONSIBILITIES OF THE PARTIES A. General Terms Regarding Responsibilities of the Parties. It is the intention of the parties hereto that there be no cost to the CITY in the undertaking of the responsibilities under this agreement. As to operational costs, the fee schedule adopted for development review and building permit services is intended to fully cover all direct and indirect costs to the CITY associated with development review and building permit functions. In recognition of initial start up costs and the assumption by the CITY of applications in process, an initial dollar transfers outlined below will be made by the COUNTY to the CITY as provided for herein. As of the date of this Agreement, the parties contemplate that there are three broad areas of cost of service in the Affected Area which is the subject of this agreement. Those areas of cost are: 1. operational expenses, 2. defense of litigation, administrative and LUBA appeals occasioned by development review and engineering review of development; and 3. liability under tort, constitutional and related theories. It is the intent of the parties that the CITY will be fully compensated for operational expenses relating to this Agreement. The remaining two described cost areas to the CITY will be analyzed as provided in Section(IV)(B) and (VI). B. The County agrees to perform the following activities as part of this intergovernmental agreement: 1. Transfer all documents, files, and computer data relevant to the particular services denoted in the agreement on or before the effective date of the agreement. The data shall be in a format compatible to the CITY's system. All costs associated with the creation and/or duplication of these documents, files and computer data shall be borne by the COUNTY. The documents to transferred are listed in Appendix 1. All documents shall be transferred before the effective date of this agreement. URBAN SERVICES INTERGOVERNMENTAL AGREEMENT/TIGARD/WASIIINGTON COUNTY Page 4 0 0 2. Any service under this agreement provided by CITY that requires payment by COUNTY to CITY for such service shall only be required of the CITY as long as COUNTY makes the payments to CITY as required by this agreement. This agreement shall terminate if COUNTY is unable to make payments to CITY required under this agreement due to reductions in the COUNTY budget. 3. Transfers of all special fund allocations to the CITY for specific services denoted in this agreement shall be done before the effective date of the agreement or later as specified in this agreement. For all subsequent years, the allocations shall be made no later than 30 days after July 1 of each year. Any interest accrued by the CITY shall be used in furtherance of delivering such specific services. In the event of funding short falls for operational expenses arising out of the CITY's assumption of obligations under this agreement, the provisions of paragraph IV(A)(1) shall govern the transfer of additional funds to the CITY by the COUNTY. 4. Provide as needed technical assistance to the CITY to assist in those services requiring COUNTY expertise. Such technical assistance shall be delivered to the CITY at no charge and in a timely manner. More specifically, the COUNTY agrees to provide technical assistance in development review to assist the CITY's Community Development Department render appropriate land use decisions including "areas of special concern" and floodplain/drainage hazard areas, as defined in the COUNTY's Bull Mountain Community Plan. 5. Provide coordination with the CITY in updating and development of the COUNTY's transportation capital improvement program. 6. Adopt provisions of Tigard's Municipal Code and engineering standards, street standards and other City rules that are necessary for the CITY to have authority to fulfill the delegation provisions listed under section II of this agreement. 7. If at a quarterly meeting, it is determined that the COUNTY fee schedule is not adequate to compensate CITY for services performed, upon presentation of adequate documentation to this effect, COUNTY shall adjust its fee schedule for the area to attempt to cover the cost of the service. In addition, the cost recovery provisions of paragraph IV(A) shall apply consistent with the intent that there be no cost to the CITY for operational expenditures under this agreement. URBAN SERVICES INTERGOVERNMENTAL AGREEMENT/TIGARD/WASHINGTON COUNTY Page 5 C. The CITY agrees to perform the following activities as part of this intergovernmental agreement: 1. Perform land development services (development assistance development review) on a daily basis consistent with the CITY Community Development Code as adopted by the COUNTY. 2. Perform building inspection services (plan review, electrical, plumbing, mechanical, structural) on a daily basis consistent with the state law and the CITY code as adopted by the COUNTY. 3. Utilize the CITY's street standards as adopted by COUNTY in evaluating public and private development and/or projects in the area. 4. Perform road maintenance work for local public streets and receive payment for such work from the Urban Road Maintenance District, as described in Exhibit 2. 5. Perform road right-of-way maintenance on roads and streets and receive payment for such work from COUNTY Road Funds, as described in Exhibit 3. 6. Perform road maintenance work and receive payment for such work from Maintenance Local Improvement Districts, as described in Exhibit 4. 7. Perform road capital improvements and receive payment for such improvements from Traffic Impact Fees, as described in Exhibit 5. 8. Perform code enforcement services on a daily basis consistent with the CITY codes as adopted by the County and receive payment for such enforcement, as described in Exhibit 6. 9. As of the date of this agreement, CITY shall impose a condition upon any applications which requires street lighting, that the applicant will agree to the formation of a Street Lighting District. 10. Take responsibility for and complete inspections and reviews for all existing building permits and complete review of all development permit applications (including requests for extensions on existing permits) that are filed after the effective date of this agreement and receive payments, as described in Exhibit 7. URBAN SERVICES INTERGOVERNMENTAL AGREEMENT/TIGARD/WASHINGTON COUNTY Page 6 11. Collect all pertinent fees and taxes relevant to building permits, traffic impact tax, sign permits, right-of-way use permits, sign permits and development application fees. CITY will use the COUNTY fee schedule for all engineering and development permits as that schedule is annually adopted by COUNTY. CITY shall apply its own fee schedule for building permits. CITY shall retain all fees it collects for its services. COUNTY shall continue to collect MLII) and URMD assessments for this area and transfer them as provided for in this agreement under Exhibits 2 and 4. 12. All other actions reasonably necessary to carry out the authority given to CITY as provided for in the attached Exhibits. IV. OPERATING PROCEDURES AND RELATIONSHIPS The COUNTY and CITY agree: A. Operational Expenses. It is the parties' intent that this agreement be revenue neutral to the CITY. This agreement attempts to be revenue neutral through fund transfers and the collection of fees by CITY. It is expected that the fees gathered will cover the cost of those services including some enforcement or appeals of CITY decisions. However, if those funds transferred or fees gathered are not sufficient to pay for the services required by this agreement, the COUNTY shall in addition to adjusting the fees as stated in Section III(B)(7), reimburse CITY for the any deficiency remaining at the end of each quarter. Such reimbursement shall be made within thirty (30) days of a quarterly meeting or within thirty (30) days of the end of any fiscal year whichever is applicable. To be eligible to receive such payments for the deficiency, the CITY is required to: 1. Meet quarterly with COUNTY and give accounting records of the CITY's fund for these services that describe the cost of services and the revenues generated during the quarter. CITY shall also make estimates about levels of services, staffing requirements and revenue projections for the next quarter. The quarterly meetings shall aid in determining the fund transfers that are set in the annual meeting as described below. 2. Maintain a separate fund for all accounting functions relative to the area covered by this agreement. 3. Be in compliance with all other provisions of this agreement. URBAN SERVICES INTERGOVERNMENTAL AGREEMENT/TIGARD/WASHINGTON COUNTY Page 7 B. Defense of Appeals/Liability As described in paragraph II(A)(11) above, it is contemplated by the parties that LUBA or other court actions may arise from the review of development in the area subject to this agreement. The CITY will undertake responsibility for defense of such actions. The cost of such defense will be borne by either the CITY or the COUNTY or a combination thereof as provided for in this paragraph. 1. When the CITY receives notice from any party that a LUBA appeal, court action or other legal review of the CITY's authority is contemplated by that party, the CITY Community Development Director shall immediately notify the COUNTY Land Use and Transportation Director in writing. The Directors or their designee(s) shall confer to determine the source and nature of the requirement resulting in the disputed and the CITY's decision on whether or not to defend the action. The COUNTY shall have 10 days from the date of the CITY's notice in which to decide whether it wants the CITY to proceed in the defense of such action. If the COUNTY requests that the CITY proceed to defense where the CITY would otherwise elect not to do so, the COUNTY will fully reimburse the CITY for all costs of defense including direct and indirect costs. Similarly, if the CITY believes it is important to proceed the defense where the COUNTY does not concur, the CITY will absorb the cost. In cases where both parties believe it is important to defend an action, the parties will share equally the cost of defense. The same process shall apply in all subsequent appeals from the LUBA or court decision. In all other cases, the parties will resolve the dispute over cost using the dispute resolution methods contained in this agreement. The parties here recognize that the intent is that the party creating the cost should bear responsibility for that cost. 2. For constitutional takings claims and inverse condemnation claims, including civil rights actions alleging a taking County shall indemnify City for City's acts or omissions to a maximum aggregate amount of$500,000 on a "claims-made" basis. Claims must arise from acts or omissions occurring during the term of this Agreement and be actually received no later than two years after termination of this Agreement. This shall include defense costs, attorney fees and any settlements or judgments. Indemnification shall be on a 50/50 basis with the City participating in the first dollar of defense costs and any judgment or settlement, including attorney fees. In no event shall either party be responsible for any punitive damages awarded against the other party, its officers, employees or agents. URBAN SERVICES INTERGOVERNMENTAL AGREEMENT/TIGARD/WASH NGTON COUNTY Page 8 In the event any portion of the area covered by this Agreement annexes, County's obligation under this paragraph shall cease as to any claims arising from the annexed area after annexation is final. County shall bear full responsibility for claims resulting from its approval of development prior to the effective date of this Agreement. 3. Consistent with the hold harmless provisions of paragraph VI, it is the parties' intention that each be responsible for liability arising out of its own employees' acts. 4. On July 1, 1997, County shall create a $500,000 insurance reserve fund or account dedicated exclusively to satisfying its obligations under paragraph(2) above. In no event shall County be responsible for any costs, damages,judgments, settlements, or attorney fees arising from or relating to the acts or omissions of City except to the extent of the remaining balance of this reserve. Notwithstanding termination of this Agreement, this reserve shall continue until either of the following occurs: the fund balance is expended in defense or on behalf of City as described in paragraph (2) above or all claims against City filed within two years of termination of this Agreement are finally resolved and paid. Each fiscal year, County staff shall make a recommendation to the Board regarding availability of funds to replenish the reserve and the Board shall seriously consider such action. City may terminate this Agreement on 90 days' notice if County declines to replenish the reserve in any future budget year. 5. City shall confer with County at the first opportunity if City has reason to think that a land use application or decision of City is likely to be contested beyond the City's internal review process or may give rise to a claim for damages. C. Dispute Resolution. To the extent possible, COUNTY and CITY staff will observe the rules, standards and regulation reference by this agreement. In the case of a dispute about the terms of this agreement or how to effectuate this agreement, the COUNTY and CITY staff will immediately refer the dispute to the COUNTY Director of Land Use and Transportation and the CITY Community Development Director to resolve the dispute. If the Directors have not resolved the dispute within 30 days, the dispute shall be forwarded to the CITY and COUNTY Administrators. If the matter cannot be resolved by the Administrators within 30 days, it shall be forwarded to the Council and the Board for resolution. If the matter still cannot be resolved, the arbitration provisions of ORS 190.710-190.800 shall apply. URBAN SERVICES INTERGOVERNMENTAL AGREEMENT/TIGARD/WASHINGTON COUNTY Page 9 D. Amendments. Requested amendments to this intergovernmental agreement shall be submitted in writing to both the COUNTY Land Use and Transportation Director and to the CITY Community Development Director with adequate explanations as to the necessity of such amendment. A decision by the Directors to either reject or accept the amendments must be made in no more that 30 days from the receipt of the request. After review and approval by the Directors, the amendments must be submitted to the CITY Manager and COUNTY Administrator for signature or presentation to the Board and Council. The CITY Council and the COUNTY Board of County Commissioners grant authority to the CITY Manager and the COUNTY Administrator to make such changes as needed to this intergovernmental agreement to effectuate the intent and purpose of this agreement. For amendments that will result in a financial impact, the amount of the financial impact needs to be within the Administrator's and Manager's delegated authority. Any amendments outside this authority need to be made by the Council and the Board and must be submitted to the Board and Council within 90 days of the Administrator's or Manager's receipt of the proposed amendments. E. Annual Review. COUNTY and CITY will jointly conduct an annual review of this intergovernmental agreement beginning November 1 and ending no later than January 30 of each year to allow adjustments to upcoming COUNTY and CITY budgets. Such joint review shall include an evaluation of the effectiveness of the agreement, procedures, and the delivery of service in meeting the requirements of the agreement. The annual review shall also evaluate the costs of providing the services, reimburse the CITY for operating deficits described in section IV(A), and adjust such moneys that are transferred to the CITY to render services under this agreement. The CITY and COUNTY agree to take the results of this meeting, along with any amendments to the agreement made pursuant to paragraph D above, to their respective Board and Council within 30 days of such meeting. The Board and Council agree to take action on such request consistent with this agreement. F. COUNTY will make changes in Article VIII of its Community Development Code (CDC) necessary to adopt changes in the CITY's development code as it applies to the area. COUNTY and CITY shall work together to ensure that all CITY code changes are promptly adopted by COUNTY. G. The parties agree to coordinate planning efforts under Metro's 2040 Growth Concepts at a time mutually agreeable to the parties. URBAN SERVICES INTERGOVERNMENTAL AGREEMENT/TIGARD/WASHINGTON COUNTY Page 10 H. City shall maintain $3,000,000 aggregate general, professional and automotive liability insurance for claims arising from its acts and omissions in the area subject to this Agreement. County, its officers, employees and agents shall be named as an additional insured (except that County need not be named on professional insurance if that is unavailable). County shall pay to City the first year premium to a maximum of$5,000.00. The premium for subsequent years shall be paid by City as an operating expense. City shall periodically monitor the insurance market to determine if coverage for takings and inverse condemnation claims is available. If so, County may elect to pay the premium for said insurance in lieu of maintaining the insurance reserve provided for herein. I. In the event City elects to terminate this Agreement prior to the end of the five (5) year term as provided for in section V City agrees to return to County any equipment purchased with proceeds furnished by the County pursuant to this Agreement. V. TERM OF AGREEMENT A. This agreement shall be effective upon execution by both parties and shall remain in effect for five (5) years, or until terminated by mutual agreement of both parties. By mutual agreement, this agreement may be extended for another five (5) years. Either party may terminate this agreement between the dates of March 1 and July 1 of any year with 90 days written notice to the other party. B. The CITY shall be responsible for processing all permits or applications for this area which have not been completed at the time of the termination of this agreement. C. Except for County's obligation to indemnify City for City's acts or omissions, the parties' obligations as regards LUBA cases and to indemnify and defend each other pursuant to Section VI shall survive termination as to any claim arising from the actions of either party during the term of this Agreement. County's obligations to indemnify City for City's acts or omissions shall survive only to the extent of claims within two years of the termination of this Agreement and to the extent of funds remaining in the insurance reserve. URBAN SERVICES INTERGOVERNMENTAL AGREEMENT/TIGARD/WASHINGTON COUNTY Page 1l • 0 VI. HOLD HARMLESS A. Subject to the limitations of liability for public bodies set forth in the Oregon Tort Claims Act, ORS 30.260 to 30.300, CITY shall hold harmless and indemnify COUNTY, its Commissioners, employees, and volunteers agents against any and all claims, damages, losses and expenses (including all attorney(s) fees and costs), arising out of or resulting from CITY's performance of this agreement where the loss or claim is attributable to the acts or omissions of the CITY, except as provided in section(IV)(B). B. Subject to the limitations of liability for public bodies set forth in the Oregon Tort Claims Act, ORS 30.260 to 30.300, County shall hold harmless and indemnify CITY, its Councilors, employees, agents and volunteers against all claims, damages, losses and expenses (including all attorney fees and costs) arising out of or resulting from COUNTY's performance of this agreement where the loss or claim is attributable to the acts or omissions of COUNTY, except as provided in section (IV)(B). VII. GENERAL PROVISION A. SEVERABILITY: COUNTY and CITY agree that if any term or provision of this contract is declared by a court of competent jurisdiction to be illegal or in conflict with any law, the validity of the remaining terms and provisions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if the contract did not contain the particular term or provision held to be invalid. B. THIS AGREEMENT CONSTITUTES THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN THE PARTIES RELEVANT TO THE PURPOSE DESCRIBED HEREIN AND SUPERSEDES ALL PRIOR AGREEMENTS OR PROPOSALS, ORAL OR WRITTEN, AND ALL OTHER COMMUNICATION BETWEEN THE PARTIES RELATING TO THE SUBJECT MATTER OF THIS CONTRACT. NO WAIVER, CONSENT, MODIFICATION OR CHANGE OF TERMS OF THIS CONTRACT WILL BE BINDING ON EITHER PARTY EXCEPT AS A WRITTEN ADDENDUM SIGNED BY AUTHORIZED AGENTS OF BOTH PARTIES. This agreement commences on June 2, 1997. All applications or request for permits received by COUNTY between May 1, 1997 and June 1, 1997 will be transferred to CITY for all remaining actions necessary for those applications and permits. URBAN SERVICES INTERGOVERNMENTAL AGREEMENT/TIGARD/WASHINGTON COUNTY Page 12 In WITNESS THEREOF, the parties have executed this Urban Services Intergovernmental Agreement on the date set opposite their signatures. WASHINGTON COUNTY, OREGON CIT F TIGARD, O N Linda Peters Jim Nicoli Chair, Board of County Commissioners Mayor, City of Tigard Date 2)! I . 12 7 tel /,Z , I94 7 Date 5 6 2 Approved as to form: Approved as to form: ty Counsel City Attorney pjb/acm/9006I/activpin.ig7(5/7/97) APPROVED WASHINGTON COUNTY BOARD OF COMMISSIONERS MINUTE ORDER # DATE ....................... 5.. Byz.arl�S a. CLEAR OF THE B ART) URBAN SERVICES INTERGOVERNMENTAL AGREEMENT/TIGARD/WASHINGTON COUNTY Page 13 ism c �y i ilil�i ' ME .,:aj I I KIM I Lan y"PS M EXHIBIT 2 Urban Road Maintenance District Responsibility for services under the URMD shall not take effect until November 1, 1997. CITY shall provide maintenance of urban roads in the area to keep existing roads in the URMD consistent with the work program to be negotiated each year and the funding provided by the District. CITY shall be responsible for responding to citizen complaints from the area concerning road conditions and maintenance. The funding for the URMD will expire in 1998/1999. The last day for the imposition of assessment for this District will be November 1999. Once the funding expires, the duties for urban road maintenance under this District and under this agreement will cease. City shall keep a subaccount of all expenditures for repairs and maintenance performed under this fund. City shall receive payment from the County from the UMRD in the amount of $1,620.00 as of November 1, 1997. This money is for minor maintenance duties for the remainder of the 1996- 1997 year. There after, the City shall receive an amount that will be negotiated between the parties for a work program for the following year. This amount shall be established during the annual meeting of the parties as specified in the agreement. Payment shall be made by COUNTY within thirty days of July 1 each year for the duration of the agreement. EXHIBIT 3 Road Fund Maintenance CITY shall assume responsibility for road maintenance duties described in this exhibit as the Road Maintenance Program on November 1, 1997. CITY shall provide maintenance of roads in the area to keep existing roads consistent with the work program to be negotiated each year and the funding provided by the District. CITY shall be responsible for responding to citizen complaints from the area concerning road conditions and maintenance. CITY shall keep a subaccount of all expenditures for repairs and maintenance performed under this fund. CITY shall receive payment from the COUNTY from the COUNTY Road Fund in the amount of $41,343.00 as of November 1, 1997. Thereafter, the CITY and COUNTY shall mutually agree upon a work program and an amount to be received for such work program for the following fiscal year at the annual meeting of the parties. Road Maintenance Program There are 44.95 miles of road to be maintained in the transfer area with 30.07 miles of local roads, 4.24 miles of minor collector roads and 10.64 miles of major collector roads respectively. Road maintenance is scheduled and service requests prioritized as per the county's road prioritization policy. The COUNTY's Road Maintenance Priority Policy provides guidelines for allocation of our maintenance funds. These guidelines shall be used to help establish the yearly work program for the area. The policy defines various maintenance activities by type, ranging from legally mandated services, to total reconstruction. A numerical value is assigned to each activity based on the road's functional classification with major arterial and collectors given first priority for general maintenance. Minor collectors and local roads are given a higher level of service with the passing of the URMD program, however without renewal the maintenance service on these roads will follow our priority matrix and receive emergency and hazard abatement only. Emergencies and hazards are given top priority, for example all stop signs and stop ahead signs damaged or down are repaired within two hours of notification. For collector roads that are both in area, as well as the unincorporated portion of Washington County, CITY shall assume full maintenance responsibility. (Example: Bull Mountain Road). Development affecting the arterials and collector streets within the transfer limits has already happened and appears to be"built out". Traffic Operations Program Traffic Operations provides support to include analyzing traffic control device warrants to insure and enhance roadway safety. Also provided are traffic analysis, studies, reports and pre-marking services as necessary. Traffic Operations staff support the Neighborhood Traffic Calming Program by conducting traffic studies and obtaining traffic count data. Staff work with individuals and citizen 0 0 groups to address neighborhood livability issues and implement traffic enhancements. A $5,452.00 allowance has been provided for this purpose. Neighborhoods requesting traffic calming shall be ranked and prioritized as per CITY's current method. An amount of$7,500 shall be used for projects that would normally qualify under CITY's program. Funds may also be used for education tools such as readerboards, banners, and community outreach. The Mountain Gate Subdivision has requested traffic calming in their neighborhood. Under COUNTY's current program they do not rank high enough to qualify for funding. The Homeowners Association has verbally agreed to pay for traffic calming improvement themselves. It is recommended that CITY complete any necessary staff work and engineering development to get this project off the ground. Night Road Logs: To ensure a high standard for maintenance of signs and striping, CITY shall conduct night road logs checking for reflectivity once a year on arterials and collector roads. This is accomplished with 2 employees working as a team, covering an average of 55 lane miles per night or 7 lane miles per hour. Street.Name Limits Mileage 115th Avenue Fonner Street to City Limits 00.18 121 st Avenue Walnut Street to Gaarde 01.66 Street 131 st Avenue Beef Bend Road to Fischer 01.06 Road 150th Avenue Sunrise Lane to Beef Bend 02.32 Road Bull Mountain Road Highway 99W to Beef Bend 06. 18 Road Fischer Road Highway 99W to 131 st 01.36 Avenue Fortner Street Walnut Street to 121 st 01.66 Avenue Gaarde Street City Limits to 121 st Avenue 00.89 • • Roshak Road Bull Mountain Road to End 00.56 of AC Tiedeman Avenue Walnut Street 00.03 Walnut Street 106th Avenue to 135th 03.16 Avenue 19.06 lane miles Station Counts: In order to track traffic trends and monitor the level of service, CITY shall conduct counts at the following established stations. Average cost during the 95/96 fiscal year was $63.97 per count. Street Name Cross Street Location 150th Avenue Beef Bend Road .3N #439 Bull Mountain Road 150th Avenue .lE #403 Walnut Street 122nd Avenue 1W #438 Traffic Maintenance Program Striping and Stencils: No work proposed for this fiscal year. Vegetation Program: No work proposed for this fiscal year. A minimal payment of$3,000.00 for incidental brush removal. Drainage Program Drainage requests, including emergency situations are currently handled by the Unified Sewerage Agency. The major collector roads are not scheduled for ditching until the 1999/2000 fiscal year. However, an $6,000.00 budget will be transferred to CITY for drainage maintenance, emergency response and additional citizen requests not currently identified by USA. The following work program shall be completed for the upcoming fiscal year by CITY: 1. Bull Mountain Road: Ditch south from Roshack Road and install rip- rap in ditch as needed. 1 2. Bull Mountain Road: Reshape ditch and install shoulder rock at 11670 SW Bull Mountain Road -- mailbox installed in flowline of ditch, light flooding of property. 3. 150th Avenue: Light ditch work at 14400 SW 150th Avenue, homeowner mailbox located in ditch blocking flow. 4. 121st Avenue&Walnut Street: Spot ditching at inlets and outlets of the driveways and road crossing tiles. • EXHIBIT 4 Maintenance Local Improvement Districts As of May 1, 1997, CITY shall impose a condition on any land use application requiring the creation of roads, for the establishment of a Maintenance Local Improvement District. CITY responsibility for service under the Maintenance Local Improvement Districts shall not commence to November 1, 1997. As of this date, CITY shall provide maintenance of roads covered under applicable Maintenance Local Improvement Districts in the area following a work program as mutually agreed to by the parties. CITY shall be responsible for responding to citizen complaints from the area concerning road conditions and maintenance. CITY shall keep a subaccount of all expenditures for repairs and maintenance performed under this fund. CITY shall not receive any payments from the COUNTY from the Maintenance Local Improvement Districts for 1996-1997 year. There after, the CITY shall receive an amount that will be negotiated between the parties for a work program for the following year. This amount shall be established during the annual meeting of the parties as specified in the agreement. Payment shall be made by COUNTY within thirty days of July 1 each year for the duration of the agreement. EXHIBIT 5 Traffic Impact Fees CITY shall assume responsibility for collecting traffic impact fees for the area as of date of the agreement. Funds shall be spent for projects in the area as determined by CITY working with the COUNTY in conjunction with the Washington County Coordinating Committee. A work program shall be established for the area by the parties for the area at the annual meeting of the parties. Funds allocated from the TIF shall used to finance the agreed upon work program. CITY shall keep a subaccount of all expenditures for improvement made under this fund. CITY shall collect these fees and shall be responsible for all accounting and auditing for these fees. EXHIBIT 6 Code Enforcement CITY shall assume responsibility for code enforcement as of the date of this agreement. CITY shall enforce codes and respond to citizens complaints and prosecute violators for violations of Washington County Code Articles VIII and IX (Ordinances 487 and 488). CITY shall keep a log of all complaints and the response time to these complaints as well as the results of the complaints. CITY shall keep all fines levied from violators. County shall pay a base amount of$15,000.00 with this amount being transferred to the CITY on May 1, 1997. At the end of the fiscal year 1997-1998, if CITY has responded to more than 71 cases in the area COUNTY shall pay an additional amount of$150.00 for each case not to exceed $30,000.00. EXHIBIT 7 Building Permits City shall issue all building permits, for all activities requiring permits under the Building Codes and other CITY codes as adopted by COUNTY and perform all inspections in a timely manner. CITY shall assume responsibility for completing existing permits on the date of this agreement and all building permits requested for the area thereafter. County shall pay City $200,000.00 to complete existing building permits. These funds shall be transferred as of the day of the agreement. CITY shall keep an accounting of all funds collected and expenses in maintaining the building inspection program. Funds collected by CITY shall be used to operate the CITY building permit program for the area. pjb/acm/90061/activp1n.ex3(4/11/97) APPENDIX 1 File, Document& Computer Data Transfers ♦ FEMA Maps. ♦ County Zoning Map ♦ County Assessor's Tax Maps (two sets) ♦ Subdivision Plats ♦ Address maps ♦ County Assessor's Property Owners List (including those within 250' of Urban Services Boundary) ♦ County Comp Plan Map and Transportation Plan Map (Modification of original Transportation Plan to identify all new collectors and proposed collectors.) ♦ Benchmark Map & Description(include both Tigard and Urban Services Area) ♦ Full-size Street Map with index and parcels (include both Tigard and Urban Services area) ♦ As-built Drawings for Public Streets and Subdivisions ♦ Electronic Download of Sierra Permit Information ♦ Digital Orthophotos ♦ Detailed Natural Resource Information(if available) ♦ Identification of Special Problem Areas ♦ Contact names and phone numbers of Washington County staff