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Washington County - Urban Planning Area Agreement - Correspondence (1994) OTONNELL RAMIS CREk CORRIGAN & BACHRACH JEFF H. BACHRACH 70RNEYS AT LAW CLACKAMAS COUNTY OFFICE THEODORE W. BAIRD 1727 N.W. Hoyt Street 181 N. Grant, Suite 202 PAMELA J. BEERYCanby, Oregon 97013 Portland, Oregon 97209 MARK L.BUSCH (503) 266-1149 DOMINIC G. COLLETTA** TELEPHONE: (503) 222-4402 CHARLES E. CORRIGAN* FAX: (503) 243-2944 STEPHEN F. CREW GARY FIRESTONE PLEASE REPLY TO PORTLAND OFFICE VANCOUVER, WASHINGTON OFFICE G. FRANK HAMMOND* MALCOLM E. JOHNSON MALCOLM E.JOHNSON* First Independent Place WILLIAM A. MONAHAN 1220 Main Street, Suite 510 MARK P.O'DONNELL Vancouver,Washington 98660-2964 TIMOTHY V. RAMIS (206) 699-7287 WILLIAM J. STALNAKER December 29, 1994 FAX: (206) 696-2051 TY K. WYMAN JAMES M. COLEMAN ALSO ADMrMD TO PRACTICE IN WASHINGTON SpecW Counsel ••ADMrr ED TO PRACTICE IN CAUFORNIA ONLY Ms. Loretta S. Skurdahl D E , 1E U Assistant County Counsel no Washington County, Oregon BICC 3 0 1994 Office of County Counsel 340 Public Services Building 115 North First Street CI FY OF T IGARD Hillsboro, OR 97124 Dear Ms. Skurdahl: I am responding to your September 30, 1994 letter to Tim Ramis regarding sewer service in unincorporated areas after the Bear Creek decision. In that letter, you stated that you planned to advise USA that they should no longer observe Section 5 (A) in the intergovernmental agreement except to ensure sufficient capacity. As you are aware, this section of Tigard' s agreement with USA has been used in the past to allow the City of Tigard to require annexation as a condition of sewer service outside its boundaries. After Bear Creek, it is clear that Tigard may no longer require consent to annexation when USA is the service provider. However, the City of Tigard interprets the Bear Creek case to apply only to those areas served exclusively by USA. (For example, the area on the south side of Bull Mountain in the City of Tigard indicated on the Master Plan Sewer Map as "served by USA. ") Under Tigard' s intergovernmental agreement with USA (Resolution 90- 43) , Tigard has retained significant operational authority for its own sewer system. The agreement makes a distinction between services provided by the City, and services provided by USA. For example, Section 3 (A) describes what is referred to collectively as the "City system. " Sections 4 (A) (3) (b) and 4 (A) (4) allow Tigard to retain the service charge and connection fee revenue identified with the City system, and section 4 (A) (5) allows Tigard to charge higher rates within "the local City system. " O'DONN�ELL RAMIS CREW CORRIGAN & BACHRACH Ms. Loretta S. Skurdahl December 29, 1994 Page 2 The Bear Creek case does not affect the practice of a city requiring consent to annexation when the city is the provider of the service. Under Resolution 90-43 , Tigard is the provider of the "city system" as defined in section 3 (A) . Based on this distinction between systems in Tigard' s intergovernmental agreement with USA, it is our opinion that Tigard may continue to require actual annexation or consent to annexation prior to connection to the "city system. " The City of Tigard intends to observe the distinctions made in the intergovernmental agreement between those areas served by Tigard and those served by USA, and to proceed as outlined in this letter. Please call or write if you have any questions or comments. sincerely, Ted W. Baird TWB/jh cc: Greg Berry, Engineering, City of Tigard John: 1. See attached. It's the words "where such areas are included in the Urban Area Planning Agreement...". I have always thought that that meant that USA would not extend sewers without our permission only in those areas specifically noted in the UPAA, and that was essentially the active area. That's why we got notice of, say, the Avalon Apts, but did receive notice of the development on Scholls Ferry. That's also why we have always talked about extending the active area further out...because that would kick in the USA requirement to get our permission, which would come with an annexation agreement. I am not sure the USA agreement could be read to mean that USA notice us for any activity within our entire area of interest, and ask for our approval. However, if USA is willing to do that, let's do it! 2. your schedule sounds fine, other than I would like you to set up a meeting with the appropriate county staff before we go to the Planning Commission. 3. I am still looking for a memo on "what to do" under the current rules. For instance, if someone in the island wants to connect to city sewer, who connects them, who sets up the account and bills, now that we are taking non-remonstrances? Or someone on 135th in the Fern Street area. Or someone on NE Bull Mountain? 7"5 MEMORANDUM CITY OF TIGARD, OREGON TO: Ed FROM: John DATE: January 12, 1994 SUBJECT: sewer again 1. What I paraphrased in my memo was section 5 A. on page nine of the City/USA agreement dated June 25, 1990. You say in #1 of your memo that there is another reference in the USA agreement to the UPAA regarding sewer extension. I can't find it. Could you please be more specific. 2. By agreement with Unified Sewerage Agency, USA cannot extend sewer within our UPAA area without City approval.. By agreement with Washington County Tigard cannot require annexation as a condition of provision of urban service within the Area of Interest. •r.T"hat I suggested, and still recommend, is that: 41) We set up a system for USA to notify us and request our approval prior to extending sewer service '01within our entire UPAA area; and #2) We fulfill our agreement with ` \ Washington County by not requiring annexation within the Area of Interest. The notification system is needed for our Active Planning Area - remember the apartments south of Albertsons. Plus we will have the notification system set up and will have a better handle on what is going on throughout the entire UPAA. The fact that we cannot require annexation in the Area of Interest does not negate USA's responsibility to get our approval. Of course we can begin working with the county to amend the UPAA so that we can require annexation. I'll have the memo to USA for you next week (1/21) . Let me know if you change Your mind and want to address the notification issue by Monday 1/17, otherwise I'll let it go for now. Amendment of the UPAA requires that the city prepare: • a redline copy of the UPAA with proposed changes • a statement of findings that indicate why the proposed amendments are necessary • Formal request to amend the UPAA from our City Council to the Washington County Board of Commissioners • A map indicating the proposed changes (if the City decides to propose a boundary change) I just talked with Carol Monday about putting together an outline for amending the UPAA which I am attaching (Carol will see this at the same time as you) . I will have the packet put together and distributed for staff review by February 18, 1994. I will set up a planning commission hearing soon after and will let you know as soon as it is set. c: Carol Landsman -,` UPAA Amendment Outline I . Prepare UPAA amendment packet • I write proposed changes (2/18/94) • Staff review proposed. changes • I amend proposed changes & put together packet including (2/24) : • Redline UPAA • Statement of findings indicating why the d proposed amendment is necessary Formal reques= for amendment from CC to County board i U A map indicating the proposed changes (if necessary) II. Planning Commission Reviev; • PC holds public meeting to consider UPAA changes (3/7 ??) • PC recommends for ar against adoption, or modifies, proposed UPAA revisicns III . City Council Review . CC holds a public meeting to consider UPAA changes (3/21 ??) • CC authorizes staff to initiate the proposed amendment by sending the formal request to the County Board of Commissioners . • Packet is sent to the county (3/25 ??) IV. County Review • within 45 days of receipt of the request, the appropriate body will review • If we can't agree, there will be a joint study to commence within 90 days of determination of disagreement • County to give 'careful consideration" to the study prior to final determination MEMORANDUM CITY OF TIGARD, OREGON TO: John FROM: Ed DATE: January 11, 1994 SUBJECT: memo on sewer 1. you did not quote the entire USA rule. There's a part that refers to the UPAA agreement. 2. as you say, the UPAA agreement specifically prohibits annexation as a condition of getting USA sewer in our area of interest. We have been requiring it in our active area. 3. I don't see how we can set up the system you mention in #3 without addressing #4. 4. Addressing #4 is one of the changes we want to make to the UPAA. You are the lead on initiating these changes. Would you write up a memo of understanding for my signature stating the current policy #'s 1 and 2 that can go to USA as well as circulate internally to planning, building, engineering and finance; and draft the amendments to the UPAA as per #4, along with other amendments, for my review by the end of January. Then we can take it to the Planning Commission. MEMORANDUM CITY OF TIGARD, OREGON TO: Ed Murphy FROM: John Acker DATE: January 11, 1994 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 service to areas outside the City but within the UPAA boundary except with prior approval of the City. Another issue for USA concerns 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 January 11, 1994