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Washington County - Urban Planning Area Agreement - Correspondence (1993) MEMORANDUM CITY OF TIGARD, OREGON TO: Ed Murphy FROM: John Acker DATE: December 14, 1993 SUBJECT: Sewers This is the situation. JURISDICTION City is responsible for: • Construction, Operation & Maintenance • Erosion Control Permits • Inspection of Connections • Billing, Collection, Accounting & Recording • Connection & Inspection Fees & Monthly Service Charges for non-industrial sanitary sewer lines of less than 24 inch diameter within the corporate limits . USA is responsible for: • All industrial connections • All lines 24 inch and greater • Everything outside of city boundaries FEES For SF Residential : Connection Fee is $2 , 200 - City or County In the City 20% goes to the City ($440) 80% goes to USA ($1, 760) In the County 100% goes to USA Monthly Fee is $20 . 50 In the City $4 . 50 goes to the City (billing and maintenance) $16 . 00 goes to USA (treatment and maintenance) In the County $20 . 50 goes to USA As you can see, there is not much money at stake here. The real issue is to make sure that USA follows through with its IGA commitment which states : USA will not extend sewer serviceo areas outside the City rbut within the UP boundary except with prior approval of the City. �,�,� G�.•�h� 0.� yin c. UA� y1 P IDI h/>>h Another issue r USAtconcerns erosion control permits for new construction. USA requires a separate permit for erosion control when a sewer connection permit is issued. Erosion control is included in our building permit so we issue no extra permit for erosion. The problem comes when we issue a sewer permit, but the County issues the building permit - USA has no way to get their money for erosion control . Again, no problem if everyone follows the rules . USA needs to notify and give us the right of approval as it states in the agreement . As long as that happens, it is much easier and straight forward if they take care of all in the county and we take care of the City. RECOMMENDATION 1 . We issue sewer connection permits only for those areas within the City. 2 . USA issues sewer connection permits for all areas outside the City. 3 . We set up a system where USA notifies Tigard' s Director of Community Development prior to any sewer connection within our UPAA boundary. USA will not issue a permit without Tigard' s approval . 4 . We reconcile the apparent inconsistency between the USA agreement and the UPAA. The UPAA specifically prohibits requiring annexation as a condition of urban service provision within the area of interest . In other words, it reads that we can withhold our approval of a USA sewer connection according to the USA agreement but we cannot require that a property annex according to the UPAA. ja/annex.swr December 14, 1993 -A-Pril 14,:, 1993 CITY OF TIGAR© John Rosenberger, Acting Director Department of Land Use & Transportation OREGON Washington County 155 N. First Hillsboro, OR 97123 RE: City' s Annexation Approach and Unincorporated Urbanizing Area Dear John, This letter is to inform you of changes that the City has recently made in our annexation program, as well as to advise you of other City initiatives that will affect the unincorporated area outside Tigard' s city limits but within its area of interest . This is related to conversations I have had over past few years with Bruce Warner, yourself and other county staff members . • Walnut Island. The City Council recently changed its policy and approach to annexation within the Walnut island area (see enclosed map) . Previously, if the owner of a vacant property -- or a developed property whose septic tank had failed -- wished to connect a house to the sewer, the City would allow them to annex immediately. Following annexation, the City would provide all development related services . In February, however, the City Council declared its intent to solicit signatures for a double majority annexation of the Walnut Island area. In order to be able to utilize the land area as part of a larger, double majority annexation in the future, the City will no longer immediately annex properties that request to be annexed, but instead will require them to sign a service agreement with the City. This agreement would include the property owner' s on-going consent to be annexed at any time and by any method the City chooses . Also, in that agreement, is a provision that would require property owners to pay the City' s parks system development charge at the time they develop their property -- just as they would have if the property had been annexed. What this means, in essence, is that the owner requesting sewer service within the Walnut Island would sign an agreement with the City but would continue to receive all development permits and inspections through the County. All codes and fees would be as per the County requirements, except for the parks SDC . The City' s Comprehensive Plan designations would still remain in effect as per the Urban Planning Area Agreement, but the County' s zoning and development regulations would apply. • Bull Mountain Area and Metzaer Areas . The City is still interested in amending the UPAA to extend the active area all the way to the service boundary for the Tigard area . The City Council has already given the planning staff direction to initiate an amendment and take it to our Planning Commission and City Council in the near future . 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772 • Parks SDC. Within the UPAA, we will be requesting that the County adopt the Parks System Development Charge (SDC) that the City now uses and commit that money to parks development within the general City area. If this is not of interest to the County, then the City will continue to look for ways to impose the Parks Systems Development Charge on properties that are outside of the City limits as they develop, similar to the way we have incorporated it into the sewer service agreement . • Development Services . As I have discussed with County staff over the years, the City would like to provide development services for all of the area outside of our City limits, but within our area of interest . Last June, I sent Bruce Warner a draft Intergovernmental Agreement that would allow the City staff to do all building inspections in the City' s area of interest . I believe that we can work out an agreement on building, plans checking and inspection services, and implement it in a very short time period. Bruce, at that time, suggested that the County might want the City to perform all planning, engineering, and building services, or possibly just perform the building services . We would be open to that approach also . Bruce noted that the County was reviewing its planning and building related fees , and that further discussion regarding development services would have to wait until the Board of County Commissioners made a decision on adjustments to those fees . I understand that new fees have been adopted now, so perhaps this may be a good time to resume discussions on this proposal . • Water. The City Councils of King City, Durham and Tigard have all withdrawn from the Tigard Water District . The next step is an election of the remainder of the Tigard Water District on whether or not to dissolve the remnant district . The Water District will have become a consortium of Tigard, King City, Durham and Washington County. This may affect how and when future growth occurs in the Bull Mountain area . I would like to discuss these issues with you and your staff, and would seek your cooperation in making these changes go smoothly, without a negative impact of services to the general citizens or the development community. I will give you a call next week so that we can discuss these issues further. Sincerely l - Ed Murphy Communit:t Development Director Enclosure c: Pat Reilly br/Services.Ltr