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September 10, 2018 Agenda FIGLEY,MAYOR HRYN CITY OF W OO D B U R N JUAN SERRATOS,TCOUNCILOR WARD 1 LISA ELLSWORTH,COUNCILOR WARD II CITY COUNCIL AGENDA ROBERT CARNEY,COUNCILOR WARD III SHARON SCHAUB,COUNCILOR WARD IV FRANK LONERGAN,COUNCILOR WARD V SEPTEMBER 10, 2018- 7:00 P.M. ERIC MORRIS,COUNCILOR WARD VI CITY HALL COUNCIL CHAMBERS-270 MONTGOMERY STREET 1. CALL TO ORDER AND FLAG SALUTE 2. ROLL CALL 3. ANNOUNCEMENTS AND APPOINTMENTS Announcements: A. On September 15-16, the City of Woodburn is hosting the third annual Woodburn Community Celebration event to celebrate Hispanic Heritage Month, The independence of Mexico and other Central and South American nations as well as the Woodburn Community. The event will take place at the Downtown Plaza from 11:00 am to 9:00 pm both days. Appointments: B. Public Arts and Mural Committee 1 - 0sti St. Amant 4. SWEARING-IN CEREMONY 5. MARY TENNANT AWARD 6. 15 MINUTE RECESS 7. COMMUNITY/GOVERNMENT ORGANIZATIONS A. Woodburn Fire District 8. PROCLAMATIONS/PRESENTATIONS Proclamations: A. Hispanic Heritage Month 2 Presentations: B. Fiesta Video Highlights C. Enhanced Transit Services Project This facility is ADA accessible. If you need special accommodation, please contact the City Recorder at 503-980- 6318 at least 24 hours prior to this meeting. **Habrd int6rpretes disponibles para aquellas personas que no hablan Ingl6s, previo acuerdo. Comunfquese al (503) 980-2485.** September 10, 2018 Council Agenda Page i 9. COMMUNICATIONS None. 10. BUSINESS FROM THE PUBLIC - This allows the public to introduce items for Council consideration not already scheduled on the agenda. 11. CONSENT AGENDA - Items listed on the consent agenda are considered routine and may be adopted by one motion. Any item may be removed for discussion at the request of a Council member. A. Woodburn City Council minutes of August 13, 2018 4 Recommended Action: Approve the minutes. B. Woodburn City Council Executive Session minutes of August 13, 2018 7 Recommended Action: Approve the minutes. C. Memorandum of Understanding (MOU) between the City and the 8 Oregon Department of Land Conservation and Development(DLCD)to Complete a Housing Needs Analysis (HNA) Recommended Action: Authorize the Mayor to execute the attached Memorandum of Understanding (MOU) with the Oregon Department of Land Conservation and Development (DLCD) to provide technical assistance to analyze and report on Woodburn housing needs through what is termed a Housing Needs Analysis (HNA). D. Acceptance of Public Utility Easements and a Maintenance &Access 17 Easement at 1785 N. Front Street(Success High School), Woodburn,OR 97071 (Tax Lot 051 W7A00600) Recommended Action: That City Council authorize the dedication of two public utility easements and one maintenance & access easement granted by the Woodburn School District #103 for the property located at 1785 N Front Street (Success High School), Woodburn, OR 97071 (Tax Lot 051 W7A00600). E. Acceptance of Public Utility Easements at 777 E. Lincoln Street 31 (Washington Elementary School), Woodburn, OR 97071 (Tax Lot 051 W 18AA00100) Recommended Action: That City Council authorize the dedication of three public utility easements granted by the Woodburn School District #103 for the property located at 777 E. Lincoln Street (Washington Elementary School), Woodburn, OR 97071 (Tax Lot 051 W 18AA00100). F. Acceptance of a Warranty Deed at 1245-1255 E. Lincoln, Woodburn, 45 OR 97071 (Tax Lot 051 W08CCO9100) September 10, 2018 Council Agenda Page ii Recommended Action: That City Council authorize an 1 1-foot wide right-of-way dedication granted by Lincoln Street Apartments LLC for the property located at 1245-1255 E. Lincoln Street, Woodburn, OR 97071 (Tax Lot 051 W08CCO9100). G. Acceptance of Public Utility Easements at 1245-1255 E. Lincoln, 50 Woodburn, OR 97071 (Tax Lot 051 W08CCO9100) Recommended Action: That City Council authorize the dedication of public utility easements granted by Lincoln Street Apartments LLC for the property located at 1245-1255 E. Lincoln Street, Woodburn, OR 97071 (Tax Lot 051 W08CCO9100). H. Crime Statistics through July 2018 60 Recommended Action: Receive the report. I. Building Activity for August 20108 65 Recommended Action: Receive the report. 12. TABLED BUSINESS None. 13. PUBLIC HEARINGS None. 14. GENERAL BUSINESS-Members of the public wishing to comment on items of general business must complete and submit a speaker's card to the City Recorder prior to commencing this portion of the Council's agenda. Comment time may be limited by Mayoral prerogative. A. Council Bill No. 3076 - An Ordinance Amending Woodburn 66 Development Ordinance (WDO) SECTIONS 1.02, 2.02, 2.06, 2.07, and 4.01.05 to ALLOW for Accessory Dwelling Units and Certain Affordable Housing Projects (LA 2018-02) Recommended Action:Second reading required because there was not a unanimous vote at the August 13 meeting. B. Council Bill No. 3079 - A Resolution of the City of Woodburn, Oregon 95 Authorizing the Sale of a Water Revenue Refunding Bond Recommended Action: That the City Council approve a resolution authorizing the City Administrator, the Finance Director, or their designee, to negotiate the financial terms to refinance three outstanding Water bonds totaling approximately $8.6 million, and cover costs related to the debt issuance. September 10, 2018 Council Agenda Page iii C. Agreement for Police Policy Manual Revision 130 Recommended Action: Authorize the City Administrator to enter into a Personal Services Agreement with The Thomas and Means Law Firm, L.L.P. to draft a revision of the Woodburn Police Department Policy Manual. D. Lottery Bond Grant Agreement 145 Recommended Action: Authorize the City Administrator to enter into the enclosed Oregon Lottery Revenue Bonds Grant Agreement with the State of Oregon. E. Community Center Funding 163 Recommended Action: It is recommended that the City Council, by motion, indicate its support for earmarking the proceeds from the sale of City owned property, located at 1750 Park Ave for use in developing construction documents for the community center project. 15. PLANNING COMMISSION OR ADMINISTRATIVE LAND USE ACTIONS - These are Planning Commission or Administrative Land Use actions that may be called up by the City Council. None. 16. CITY ADMINISTRATOR'S REPORT 17. MAYOR AND COUNCIL REPORTS 18. ADJOURNMENT September 10, 2018 Council Agenda Page iv OFF I Iii♦ r} B V' September 5, 2018 TO: City Council FROM: Kathy Figley, Mayor SUBJECT: Committee Appointment The following appointment is made, subject to the approval of the Council. Please forward any adverse comments to me prior to the Council meeting on Monday, September 10, 2018. No reply is required if you approve of my decision. Public Arts and Mural Committee - Kristi St. Amant 1 Hispanic Heritage Month September 15' - October 15" WHEREAS, people who identify themselves as Hispanic, Latino, Chicano or Indigenous from Mexico, South and Central America have contributed to Woodburn's history and successes since the 18,80's, and WHEREAS, Woodburn honors their rich and diverse cultural heritage and historical legacies, and WHEREAS, Woodburn's Hispanic community now constitutes sixty percent of our population, including leaders, policy makers, educators, students, health care professionals, military,public safety,the trades, business leaders, and entrepreneurs, actively involved in our community and in mentoring our next generation; and WHEREAS,the Governor has proclaimed the month of September 15 through October 15 to be Hispanic Heritage Month, and Oregon proudly joins the nation in celebrating the rich culture and history of Hispanic heritage in Oregon. 'The State of Oregon and the City of Woodburn dedicate ourselves to working together to address the challenges,that still face Hispanic Oregonians in equity and access to the prosperity of Oregon. NOW, THEREFORE, 1, Kathryn Figley, Mayor of the City of Woodburn, hereby proclaim September 15 through October 15, 2018 to be "HISPANIC HERITAGE MONTH" in the City of Woodburn, and encourage all to join in this observance. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Woodburn to be affixed. ka�tn Figley, ayo City of Woodburn 2 Mes de la Herencia Hispana 15' de septiembre — 15 de octubre MIENTRAS QUE, [as personas que se identifican corno Hispanos, Latinos, Chicano o indigena de Mexico, centro y Sudam6rica han contribuido a la bistoria y 6xitos de Woodburn desde los 1880's y MIENTRAS QUE, Woodburn honra su rica y diversa herencia cultural y legado hist6rico, y HIENTRAS QUE, la comunidad Hispana de Woodburn ahora constituye a sesenta por ciento de nuestra poblaci6n, incluyendo lideres, politicos, educadores, estudim-ites,profesionales de la salad, los militares, la seguridad pAblica, los comercios, lideres de negocios y empresarios, participan activamente on nuestra comunidad y en la tutor de nuestra pr6xima generaci6n; y MIENTRAS QUE, el Gobemador ha proclamado el rues do 15 do septiembre al 15 de octubre el Mes de la Herencia Hispana, y Oregon se une orgullosamente a la naci6n on la celebraci6n do la rica cultura e historia de la herencia hispana en Oregon. El estado de Oregon y la ciudad de Woodburn nos dedicarnos a traba ar j untos para tratar los desaflos que ailn enfrentan Jos Oregonianos Hispanos en equidad y el acceso a la prosperidad de Oregon. AHORA, POR LO TANT0, yo, Kathryn Figley, la alealde do la ciudad de Woodburn, por este medio proclamo el 15 do septiembre al 15 de octubre de 2018 el"MES DE HERENCIA HISPANA" on la ciudad de Woodburn, y animo a todos a unirse en esta celebraci6n. EN FE DE LO CUAL, he aqui mi firma y el sella de la ciudad de Woodburn a f1j arse. (;ayn Figle calde ti a yn Fi I U Ciudad do Woourn 3 COUNCIL MEETING MINUTES AUGUST 13, 2018 0:00 DATE COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON, AUGUST 13, 2018 CONVENED The meeting convened at 7:04 p.m. with Mayor Figley presiding. ROLL CALL Mayor Figley Present Councilor Carney Present Councilor Lonergan Present Councilor Schaub Present Councilor Morris Present Councilor Ellsworth Present Councilor Serratos Present Staff Present: City Administrator Derickson, City Attorney Shields, Assistant City Administrator Row, Community Development Director Kerr, Police Chief Ferraris, Community Relations Manager Gutierrez-Gomez, IT Manager Miles, Senior Planner Cortes, City Recorder Pierson ANNOUNCEMENTS The City Council meeting scheduled for August 27, 2018 has been cancelled. The next meeting will take place on September 10, 2018. City hall, the library and transit services will be closed on September 3, 2018 in observance of Labor Day. The Aquatic Center will be open normal hours. PROCLAMATION Mayor Figley read a proclamation declaring August 141h, Nan Oatney day. BUSINESS FROM THE PUBLIC Dan Kohler of Keizer provided a flyer to the City Council inviting them and the community to come to a Day of Service event being held at Centennial Park to help spread bark around the trails and flowers beds. CONSENT AGENDA A. Woodburn City Council minutes of July 23, 2018, B. Liquor License/Change of Ownership Application for C&M Market, C. Liquor License/Change of Ownership Application for EZ Stop Grocery & Deli, D. Building Activity for July 2018. Lonergan/Schaub... adopt the Consent Agenda. The motion passed unanimously. COUNCIL BILL NO. 3076 — AN ORDINANCE AMENDING WOODBURN DEVELOPMENT ORDINANCE(WDO) SECTIONS 1.02,2.02,2.06,2.07,AND 4.01.05 TO ALLOW FOR ACCESSORY DWELLING UNITS AND CERTAIN AFFORDABLE HOUSING PROJECTS (LA 2018-02) Lonergan introduced Council Bill No. 3076. City Recorder Pierson read the bill twice by title only since there were no objections from the Council. On roll call vote for final passage, the vote was 5 to 1 with Councilor Carney voting nay. The Mayor stated that since the ordinance did not pass unanimously it will be brought back at the next meeting for a second reading and Page 1 - Council Meeting Minutes, August 13, 2018 4 COUNCIL MEETING MINUTES AUGUST 13, 2018 vote. PUBLIC HEARING Annexation of Approximately 18 Acres of Territory Known as Brown Street Properties at 1490, 1550, & 1636 Brown St(ANX 2018-01) A Public Hearing to consider input on the Annexation of Approximately 18 Acres of Territory Known as Brown Street Properties at 1490, 1550, & 1636 Brown St(ANX 2018-01). Mayor Figley declared the hearing open at 7:23 p.m. for hearing public input on the Annexation of Approximately 18 Acres of Territory Known as Brown Street Properties at 1490, 1550, & 1636 Brown St (ANX 2018-01). City Recorder Pierson read the Public Hearing Statement. Mayor Figley stated that she is familiar with the property. Senior Planner Cortes provided a staff report. Rick Givens, the applicant provided information on the proposed annexation. Mayor Figley asked if anyone from the public would like to speak on this subject.No members of the public wished to speak in either support or opposition. Mayor Figley declared the hearing closed at 7:43 p.m. COUNCIL BILL NO. 3077 —AN ORDINANCE ANNEXING APPROXIMATELY 18 ACRES OF TERRITORY KNOWN AS BROWN STREET PROPERTIES INTO THE CITY OF WOODBURN, LOCATED AT 1490, 1550, & 1636 BROWN STREET, MARION COUNTY, OREGON Lonergan introduced Council Bill No. 3077. City Recorder Pierson read the bill twice by title only since there were no objections from the Council. On roll call vote for final passage, the bill passed unanimously. Mayor Figley declared Council Bill No. 3077 duly passed. COUNCIL BILL NO. 3078 — AN ORDINANCE APPROVING A ZONING MAP AMENDMENT ON APPROXIMATELY 18 ACRES OF ANNEXED TERRITORY KNOWN AS BROWN STREET PROPERTIES, LOCATED AT 1490, 1550, & 1636 BROWN STREET, MARION COUNTY, OREGON AS RESIDENTIAL SINGLE FAMILY(RS) ZONING DISTRICT Lonergan introduced Council Bill No. 3078. City Recorder Pierson read the bill twice by title only since there were no objections from the Council. On roll call vote for final passage, the bill passed unanimously. Mayor Figley declared Council Bill No. 3078 duly passed. AWARD A CONTRACT FOR ADMINISTRATION OF 457(B) AND 401(A) DEFERRED COMPENSATION RETIREMENT PLANS AND ASSOCIATED SERVICES City Administrator Derickson provided a staff report. Lonergan/Morris... award a Contract for administration of 457(b) and 401(a) deferred compensation retirement plans and associated services to ICMA-RC and authorize the City Administrator to sign the Agreement. The motion passed unanimously. UTILITY ASSISTANCE PROGRAM—ADDITIONAL FUNDING Lonergan/Carney... Authorize the distribution of an additional $5,000 to Love INC of North Marion County (Love INC) for the continued administration of the City's utility assistance program. The motion passed unanimously. MUNICODE CONTRACT AWARD FOR WEBSITE DESIGN SERVICES Lonergan/Schaub... award a contract for website design services to Municipal Code Corporation dba Municode and authorize the City Administrator to sign the Agreement. The Page 2 - Council Meeting Minutes, August 13, 2018 5 COUNCIL MEETING MINUTES AUGUST 13, 2018 motion passed unanimously. CITY ADMINISTRATOR'S REPORT City Administrator Derickson thanked the City Council and staff for working on the Fiesta. He added that it was a record year with 25,000 visitors. MAYOR AND COUNCIL REPORTS Councilor Serratos stated that he had a great time at the Fiesta with his family. Councilor Carney stated that it was a wonderful year at the Fiesta for participants and vendors. Councilor Lonergan concurred with everything that has been said about the Fiesta. Mayor Figley enjoyed the parade and thanked city staff and volunteers who took part in the Fiesta. Councilor Ellsworth stated that she also enjoyed the Fiesta and the cultural exchange was fabulous. She thanked staff for their efforts and added that Nancy Kirksey looked like she was in heaven. Councilor Schaub agreed with all the comments on the Fiesta and added that she went on Sunday and there was such a feeling of community at the event. EXECUTIVE SESSION Mayor Figley entertained a motion to adjourn into executive session under the authority of ORS 192.660 (2)(h) and ORS 192.660 (2)(f). Lonergan/Schaub... move into executive session. The motion passed unanimously. The Council adjourned to executive session at 8:10 p.m. and reconvened at 8:28 p.m. Mayor Figley stated that no action was taken by the Council while in executive session. ADJOURNMENT Morris/Schaub... meeting be adjourned. The motion passed unanimously. The meeting adjourned at 8:29 p.m. APPROVED KATHRYN FIGLEY, MAYOR ATTEST Heather Pierson, City Recorder City of Woodburn, Oregon Page 3 - Council Meeting Minutes, August 13, 2018 6 EXECUTIVE SESSION COUNCIL MEETING MINUTES AUGUST 13, 2018 DATE CONFERENCE ROOM, CITY HALL, CITY OF WOODBURN, COUNTY OF MARION, STATE OF OREGON,AUGUST 13, 2018 CONVENED The Council met in executive session at 8:14 p.m. with Mayor Figley presiding. ROLL CALL Mayor Figley Present Councilor Carney Present Councilor Lonergan Present Councilor Schaub Present Councilor Morris Present Councilor Ellsworth Present Councilor Serratos Present Mayor Figley reminded those in attendance that information discussed in executive session is not to be discussed with the public. Media Present: Patrick Evans, Woodburn Independent Staff Present: City Administrator Derickson, City Attorney Shields, Assistant City Administrator Row, City Recorder Pierson Others Present: None. The executive session was called: To consult with counsel concerning the legal rights and duties of a public body with regard to current litigation or litigation likely to be filed pursuant to ORS 192.660 (2)(h). To consider records that are exempt by law from public inspection pursuant to ORS 192.660 (2)(f). ADJOURNMENT The executive session adjourned at 8:28 p.m. APPROVED KATHRYN FIGLEY, MAYOR ATTEST Heather Pierson, City Recorder City of Woodburn, Oregon Page 1 —Executive Session, Council Meeting Minutes, August 13, 2018 7 �'I'1�r I Iii♦ r} � l�� i ��/� BU Pri,,�<;rrt rr rf aA'!87 September 10, 2018 TO: Honorable Mayor and City Council through City Administrator FROM: Colin Cortes, AICP, CNU-A, Senior Planner SUBJECT: Memorandum of Understanding (MOU) between the City and the Oregon Department of Land Conservation and Development (DLCD) to Complete a Housing Needs Analysis (HNA) RECOMMENDATION: Authorize the Mayor to execute the attached Memorandum of Understanding (MOU) with the Oregon Department of Land Conservation and Development (DLCD) to provide technical assistance to analyze and report on Woodburn housing needs through what is termed a Housing Needs Analysis (HNA). BACKGROUND: Oregon Revised Statute (ORS) 197.296 requires a HNA be completed as part of a City's periodic review, which provides critical information for effective long-range planning by City staff and decision-makers. The legislature during its spring 2018 session allocated $1 .73 million to DLCD for housing planning technical assistance via House Bill (HB) 4006. The enrolled bill allocated funding "for the purpose of providing technical assistance to local governments in increasing the affordability of housing" and requires that DLCD spend the allocation by June 30, 2019. HB 4006 directed DLCD to prioritize cities with over 10,000 residents and in which 25% or more of rental households are "severely rent-burdened", meaning households that each spend more than 50% of household income (HHI) on rent. Woodburn qualifies as such a city. DLCD solicited applications from local municipalities seeking assistance in analyzing their housing needs, and the City applied for the program. On June 28, 2018, DLCD notified the City that it selected Woodburn from among a large applicant pool. DISCUSSION: Agenda Item Review: City Administrator_x City Attorney_x Finance_x- 8 Honorable Mayor and City Council September 10, 2018 Page 2 Woodburn needs a new HNA because the last analysis dates from the late 1990s and so has become outdated. More to the point, it also will inform City staff about ideal numbers, types, and locations of housing that the present and future populace needs and be the foundation for plans and regulations to manifest such housing. The MOU with DLCD outlines project deliverables, sets interim and final due dates, and provides for oversight by the Planning Commission, which will serve as the advisory committee for the project. The MOU also states that the program's objectives are to analyze housing needs, compile a documented Housing Needs Analysis (HNA), and draft comprehensive plan amendments for future public hearings, including completion of the following deliverables: 1 . A housing needs projection; 2. A buildable lands inventory (BILI); 3. A residential lands needs analysis (RLNA); and 4. Identification of measures for accommodating needed housing. Staff expects to present to the Planning Commission a "Draft Conclusions and Recommendations Report" on or before Friday, May 31 , 2019. FINANCIAL IMPACT: There is no direct expenditure for entering into this MOU because the technical assistance that DLCD awarded the City means the agency assigns and pays a consultant or consultants on behalf of the City, and neither HB 4006 nor DLCD requires any local match or share. Woodburn is relieved from managing a grant. Indirectly, there is an opportunity cost associated with staff spending time on the HNA; however, an HNA is critical to effective long-range planning. Staff expects its time spent on this would not detract from on-going department projects. 9 Memorandum of Understanding between the Oregon Dept. of Land Conservation and Development and the City of Woodburn Oregon Housing Planning Project — Housing Needs Analysis This Memorandum of Understanding (MOU) explains and memorializes a no-cost working relationship between the Oregon Department of Land Conservation and Development(DLCD) and Woodburn (City). The purpose of this collaboration is to update the City's Housing Needs Analysis (HNA). I. BACKGROUND Every region of Oregon is experiencing housing availability or affordability problems, or both. In some cases, the comprehensive plan for the urban area is out of date so housing needs have not been determined. In other cases, the need may be known but the zoning code presents barriers to the development of needed housing or does not allow a variety of housing types to meet the diverse needs of residents. DLCD will provide technical assistance (via a Consultant)to the City for the purpose of increasing the supply and affordability of housing within the boundaries of the City. Technical assistance will be provided to complete products needed to update comprehensive plans and zoning codes, or adopt other housing strategies, to help ensure that the City can satisfy its housing needs. DLCD will hire consultants to also provide a code audit or code update to help ensure the zoning code allows, and does not include barriers to, development of needed housing. DLCD has received a special appropriation of funds for 2018-2019 to assist cities in updating their comprehensive plans and land use regulations to promote housing availability and affordability. The Oregon Housing Planning Project(Project) is financed with State of Oregon General Funds. State funds are paid under this Agreement by DLCD to (Consultant), who will assist the City as described in the Scope of Work below. No funds will be given to the City for tasks outlined in this MOU or any expenses incurred by the City as a result of this Project. IL PROJECT OBJECTIVE AND MAJOR DELIVERABLES The primary objective of this Project is to prepare hearings-ready draft comprehensive plan amendments to update the HNA for the City. This includes the completion of the following deliverables: • A housing needs projection • A BLI(Buildable Lands Inventory) • An RLNA (Residential Lands Needs Analysis) • Identification of measures for accommodating needed housing City adoption of the amendments is not anticipated to occur during the Project. The specific tasks and deliverables for the City of Woodburn are outlined below in Section 5. 10 III. ROLES AND RESPONSIBILITIES City: Overall management of the Project will be the responsibility of the City. The City appoints Colin Cortes, AICP, CNU-A, Senior Planner as project manager and the City's principal contact person for DLCD's Contract Administrator and the Consultant on all matters dealing with the Proj ect. Specific project management duties of the City will include: a. Coordinating project schedule and deliverables with Consultant; b. Coordinating City staff and Consultant work; c. Ensuring the timely delivery of supporting data/information to Consultant; d. Reviewing and editing Consultant work; e. Appointing the Woodburn Planning Commission as the project advisory committee; f. Noticing, scheduling, and managing Planning Commission meetings and public official work sessions and public hearings, if any. Activities include preparing and distributing meeting notices, agendas, and summaries; and assisting the Consultant with meeting facilitation. DLCD: DLCD will provide financial, administrative, and technical assistance to the Project. DLCD will participate in the Planning Commission. Additional technical assistance may be provided as requested by the City or Consultant. DLCD will review and approve Consultant's work, invoices, and progress reports. DLCD will review the Consultant's performance and deliverables with the City prior to paying invoices received by the Consultant. DLCD will assist in the mediation of Consultant/City conflicts, or issues with the project or deliverables. IV. KEY CONTACTS City of Woodburn Chris Kerr chris.kerrL&ci.woodburn.or.us Community Development Director 503-980-2445 270 Montgomery St Woodburn, OR 97071 City of Woodburn Colin Cortes, AICP, CNU-A colin.cortesL&ci.woodburn.or.us Senior Planner 503-980-2485 270 Montgomery St Woodburn, OR 97071 Department of Land Conservation and Development Project Manager Kevin Young kevin., oun g&state.or.us 635 Capitol St. NE Ste 150 503-934-0030 Salem, OR 97301 MOU — DLCD &City of Woodburn -2- OR Housing Project: Housing Needs Analysis 11 Regional Representative Angela Carnahan angela.carnahan(ra7,state.onus 635 Capitol Street, N.E., Suite 150 503-934-0056 Salem, OR 97301-2540 Consultant , OR V. SCOPE OF WORK This Project for the City of Woodburn is composed of the following tasks. The City and Consultant must create interim project deadlines as needed to manage the Project(see Task 1). All Consultant work must be completed no later than June 30, 2019. Requests by the City or Consultant to change the Scope of Work outlined in this MOU, intended to modify the tasks or deliverables of the Consultant, must be reviewed and approved by DLCD. "For informational purposes only, the primary Consultant deliverables are shown for each Task listed below. Task 1: Proiect Kick-Off The purpose of the project kick-off is for Consultant to become familiar with local conditions and with City's planning documents, for the parties to confirm the objectives of the project and refine the project schedule, and for the City to prepare for the Project. Consultant will contact City via a conference call to ask preliminary questions to establish project expectations and familiarize itself with city-specific concerns. Consultant will verify the action items identified through this initial conference call with the participating City and will develop and share a proposed schedule for the actions required for the completion of all tasks. The level of detail required for the proposed project schedule should be determined and with mutual agreement by the City and the Consultant. Task I Consultant Deliverables: • Summary of major tasks and action items for the Project • Proposed Project schedule • Public Involvement Plan with targeted outreach to the Latino population • Background Review Memorandum Task I City Deliverables: 1.1 Copy of relevant comprehensive plan and code sections 1.2 Most recent UGB expansion findings 1.3 Building permit and housing data to support the HNA. Deadline: Kick-off to be held on or before September 30, 2018. MOU — DLCD &City of Woodburn -3- OR Housing Project: Housing Needs Analysis 12 Task 2: Housing Needs Proiection Consultant will prepare a draft housing needs projection which will be used to determine the City's residential land need in Task 4. The 20-year housing needs projection must be consistent with the requirements for determining housing needs in Goals 10 and 14, OAR chapter 660, division 8, and applicable provisions of ORS 197.295 to 197.314 and 197.475 to 197.490. The findings will be shared and discussed with the Planning Commission at one or more committee meetings. City will schedule, and provide notice and an agenda, for one or more Planning Commission meetings to review the draft housing needs projection product. Consultant will coordinate with City on meeting arrangements and facilitate Planning Commission meetings. The Commission may consider more than one deliverable at a meeting. Task 2 Consultant Deliverables: • Draft housing needs projection • Presentation materials to explain preliminary analyses and findings to the Planning Commission, the public, and other interest groups • Planning Commission facilitation and meeting summary and presentation materials Task 2 City Deliverables: 2.1 Appoint the Planning Commission as the project advisory committee 2.2 Planning Commission meeting notices and agendas 2.3 Participant sign-in sheets for meetings 2.4 Public Involvement outreach per Pubic Involvement Plan Deadline: Draft housingnprojection and Planning Commission meeting to be held on or before December 30, 2018. Task 3: Buildable Lands Inventory(BLI) Consultant will prepare an accurate inventory of all residential lands in the Woodburn's UGB consistent with the guidance and requirements provided in ORS 197.296, Goal 10, and OAR chapter 660, division 8. The Consultant in coordination with Grantee will inventory the current supply of buildable residential land inside the UGB using GIS data and map or field research. The BLI will be used to determine the City's residential land need in Task 4. The BLI will be developed based on discussion with the Planning Commission at one or more Commission meetings. City will schedule and provide notice and an agenda for one or more Planning Commission meetings to review the draft BLI product. Consultant will coordinate with City on meeting arrangements and facilitate the Planning Commission meetings. The Commission may consider more than one deliverable at a meeting. City will schedule at least one public workshop or open house to present draft housing needs and buildable lands data and findings. City will solicit input from the public on the draft deliverables. MOU — DLCD &City of Woodburn -4- OR Housing Project: Housing Needs Analysis 13 Consultant will coordinate with City on meeting arrangements and facilitate the public meeting(s). Task 3 Consultant Deliverables: • Draft BLI • Presentation materials to explain preliminary analyses and findings to the Planning Commission, the public, and interest groups • Planning Commission meeting notes • Public Workshop or Open House facilitation • Public Workshop or Open House meeting summary • Public meeting summary and presentation materials Task 3 City Deliverable: 3.1 Planning Commission meeting notices and agendas 3.2 Public meeting notice(s) 3.3 Participant sign-in sheets for Planning Commission meetings and Public Workshop or Open House 3.4 Public Involvement outreach per Public Involvement Plan Deadline: Draft BLI, Planning Commission meeting, and workshop to be held on or before March 31, 2019 Task 4: Residential Land Needs Analysis (RLNA) Based on the outcomes of Tasks 2 and 3, Consultant will prepare a draft RLNA that addresses how much land and what zoning the City needs to accommodate its Housing Need, comparing the demand and supply provided in the deliverables produced in Tasks 2 and 3. The RLNA findings will be discussed and further refined with the Planning Commission at one or more commission meetings. If the analysis shows that the Housing Need cannot be accommodated by the City's existing comprehensive plan, the RLNA will be developed concurrently with Task 5 in order to consider accommodating Housing Needs through changes to the comprehensive plan and land use regulations as required by OAR chapter 660, divisions 8 and 24. City will schedule and provide notice and an agenda for one or more Planning Commission meetings to review the draft RLNA product. Consultant will coordinate with City on meeting arrangements and facilitate the Planning Commission meetings. The Commission may consider more than one deliverable at a meeting. Task 4 Consultant Deliverables: • Draft RLNA • Presentation materials to introduce preliminary residential land need analyses and findings to the Planning Commission, the public, and interest groups • Planning Commission meeting notes MOU — DLCD &City of Woodburn -5- OR Housing Project: Housing Needs Analysis 14 Task 4 City Deliverable: 4.1 Planning Commission meeting notices and agendas 4.2 Participant sign-in sheets for meetings 4.3 Public Involvement outreach per Public Involvement Plan Deadline: Draft RLNA and Planning Commission meeting to be held on or before Mav 2019 i needs can be met. Alternative is June 1, 2019 ifhousing needs cannot be met and Task 4 needs to be in parallel with Task 5 Task 5: Measures to Accommodate Needed Housing Consultant will identify options for changes to the City's comprehensive plan and land use regulations to address housing and residential land needs determined in previous tasks. This task may be completed concurrently with Task 4. City will schedule and provide notice and an agenda for one or more Planning Commission meetings to review the housing-accommodation product. Consultant will coordinate with City on meeting arrangements and facilitate the Planning Commission meetings. The Commission may consider more than one deliverable at a meeting. City will schedule at least one public workshop or open house to present draft residential land need and housing accommodation data, findings, and recommendations. City will solicit input from the public on the draft deliverables. Consultant will coordinate with City on meeting arrangements and facilitate the public meeting(s). Task 5 Consultant Deliverables: • Options for changes to City's comprehensive plan and land use regulations to address housing and residential land needs • Presentation materials to introduce housing accommodation recommendations to the Planning Commission, the public, and interest groups • Planning Commission meeting notes • Public Workshop or Open House facilitation • Public meeting summary • Final draft hearings-ready HNA Task 5 City Deliverables: 5.1 Planning Commission meeting notices and agendas 5.2 Public meeting notice(s) 5.3 Participant sign-in sheets for meetings and Public Workshop or Open House 5.4 Public Involvement outreach per Public Involvement Plan Deadline: Draft Conclusions and Recommendations Report and Planning Commission meeting to be held on or before June 1, 2019 MOU — DLCD &City of Woodburn -6- OR Housing Project: Housing Needs Analysis 15 VI. OTHER CONSIDERATIONS This agreement will be effective as of the date of the last signature. The termination of this document may occur by mutual consent of the parties with 60 days written notice. Except as provided herein, nothing in this Memorandum of Understanding shall be construed as obligating the other party to expend funds or obligate future payment of money authorized by law and administratively available for this work. City of Woodburn Signature of Mayor Date Printed Name Department of Land Conservation & Development Jim Rue, Director Date MOU — DLCD &City of Woodburn -7- OR Housing Project: Housing Needs Analysis 16 �'I'1�r I Iii♦ r} B V' September 10, 2018 TO: Honorable Mayor and City Council through City Administrator FROM: Eric Liljequist, Public Works Director SUBJECT: Acceptance of Public Utility Easements and a Maintenance &Access Easement at 1785 N. Front Street (Success High School), Woodburn, OR 97071 (Tax Lot 051W7A00600) RECOMMENDATION: That City Council authorize the dedication of two public utility easements and one maintenance & access easement granted by the Woodburn School District #103 for the property located at 1785 N Front Street (Success High School), Woodburn, OR 97071 (Tax Lot 051 W 7A00600). BACKGROUND: The property owner is required to provide a 10-foot wide public utility easement, a 16-foot wide public waterline easement, and a 20-foot wide maintenance & access easement in order to satisfy the conditions of approval of Design Review (DR 2017-02). DISCUSSION: The 10-foot wide public utility easement dedication is located along the southern property boundary, adjacent to State Highway 214. The 16-foot wide public waterline easement is located along the interior of the property and provides a looped waterline system for domestic water and fire flow requirements. The 20- foot wide maintenance & access easement is located along the south side of Goose Creek. The 10-foot wide public utility easement provides a permanent easement and right-of-way to construct, reconstruct, operate and maintain public utilities. The 16-foot wide public waterline easement provides a permanent easement and right-of-way to construct, reconstruct, operate, and maintain a public water line. The 20-foot wide maintenance & access easement provides access to maintain Goose Creek. Agenda Item Review: City Administrator_x City Attorney_x_ Finance_x 17 Mayor and City Council September 10, 2018 Page 2 FINANCIAL IMPACT: There is no cost to the City for the Public Utility Easements or the maintenance & access easement. ATTACHMENTS A Copy of the easement documents are included in Exhibit "A" and Exhibit "B" for each dedication. 18 AFTER RECORDING RETUR'N TO: Woodburn City Recorder City of Woodbunn 270 Montgomery Street Woodburn, OR 97071 CITY OF WOODBURN, OREGON MAINTENANCE AND ACCESS EASEMENTS K DJ66-A I 10*TGRANTOR, grants to the CITY OF WOODBURN, OREGON, hereinafter called CITY, a permanent Maintenance and Access Easement to maintain in good working condition, "'Goose Creek", in compliance with all applicable state and local rules, regulations and guidelines on the following described land: See attached Exhibit "A"'Legal Description of Permanent Easement and attached Exhibit "B"Sketch for Legal Description of Permanent Easement which are by this reference incorporated herein The consideration of this conveyance is Zero Dollars ($0.00), and other goodand valuable consideration, the receipt and sufficiency of which is acknowledged by GRANTOR GRANTOR hereby covenants that it will not construct any building or other improvement or cause any debris, fill, obstruction, or other material to be placed upon, under, or within the Maintenance and Access Easement Area without the prior written consent of CITY, The CITY shall have the right, but not the obligation, to enter upon the Maintenance and Access Easement Area at any point, or points, with all rights of ingress and egress, to investigate, survey, erect, construct, or maintain any drainage channel or creek within the Easement Area as the CITY deems necessary. CITY shall indemnify and hold GRANTOR harmless against any and all loss, cost, or damage arising out of the exercise of the rights granted herein. The natural drainage channel(s) and/or creek running through the Maintenance and Easement Area are subject to storm water overflow and natural bank erosion to an extent which cannot be definitively defined, The CITY shall not be held liability for any damages of any nature resulting from the occurrence of these natural phenomena, and the GRANTOR hereby agrees to indemnify and hold harmless the CITY from such claim of damages and injuries. GRANTOR covenants to CITY that GRANTOR is lawfully seized in fee simple of the above-granted premises, free from all encumbrances and that GRANTOR and their heirs Public Utility Easements (Permanent) Page I of 4 19 and personal representatives shall warrant and forever defend the said premises and every part thereof to CITY against the lawful claims and demands of all persons claiming by, through, or under GRANTOR. I`) - DATED this ZIL day of , 20 BY: CORPORATE ACKNOWLEDGEMENT STATE OF OREGON, County of ss. The foregoing instrument acknowle ed before me this day of —20J�Lby_7 _t(4, 6 as k1.1 of �7 i i <Ji^Jel a corporation and the foregoing instrument was signed and sealed on behalf of said corporation by authority of its Board of Directors; and each of them acknowledged said instrument to be its v 'untary act and deed, It I f I NOTARY PUBLIC FOR ORE(3?04- My Commission Expires- ! Vl&h�' City of Woodburn OFFICIAL" TAMP CHARLOTTE L FIPPS 270 Montgomery Street NOTPUBLIC - OREGON Woodburn, OR 97071 COMMISSION NO. 9368M MY COMMISSION WIRES MARCH 16,2019 (Grantee's Name and Address) By Signature below, the City of Woodburn, Oregon, Approves and Accepts this Conveyance Pursuant to ORS 93.808.: City Recorder: Heather Pierson Public Utility Easements (Permanent) Page 2 of 4 20 EXHIBIT "All Land Markers Surveying 4068 Hudson Ave. NE Salem, OR 97317 503-581-0911 Proposed Goose Creek Access Easement: A tract of land situated in the Northeast quarter of Section 7,Township 5 South, Range I West of the Willamette Meridian,in Marion County, Oregon,said tract being a portion of Parcel I of Partition Plat Number 2012-31 as recorded lin Reel 3436, Page 481,Marion County Deed Records and being more particularly described as follows,: Beginning at a point on the West line of Parcel I of Partition Plat Number 2012-31 as recorded in Reel 3436, Page 481, Marion County Deeds Records,said point being 352.74 feet North 15"08'23" East from the Southwest corner of said Parcel 1;thence South 78"29"25" East 127.24 feet;thence South 80*35'26" East 103.73 feet;thence South 70'5648" East 139.79 feet; thence South 73*30'32" East 79.96 feet;thence South 48'42'40" East 26.75 feet to the North right of way of State Hi9�ghway 214;thence North 68"SO'15" East along said North right of way, 47.56 feet;thence North 57'4523" West 63.45 feet to the centerline of Goose Creek;thence following the said centerline the following courses:North 71'44'01"West 177.34 feet;thence North 79'18'43"West 117.43 feet;thence North 80'43'23" West 157.98;thence leaving said centerline,South 15"08'23"West 26-43 feet to the Point of beginning. REGISTERED PROFESSIONAL LAND SURVEYOR -7'—ORE7:N ()E JANUARY 10,2006, Woo TROY E.PETERSEN 18119GOOSECREEKACCESS E*res 21 LAND MARKERS SURVEYING IN V` 4068 HUDSON AVE NE PREPARED EFS JOHN HENRI ....�...._ �W Joe 18-119 SALEM, OR 97301 DATE: AUGUST 7, 2018 OFFICE ( 03) 581-0911 1 LOCATED IN THE NORTHEAST QUARTER OF SECTION ,, TOWNSHIP 5 SOUTH, RANGE I BEST, WILLAMETTE MERIDIAN, C17Y OF WDDDBURN, MARION COUNTY, OREGON CENTERLINE N80*43g2SE * „ CREEK S1 "08'23"W "- N79-18,43,, 26.43' — 117,43, POINT CSP � 7Y��, ArEj ' 80'35 Y. �� 301", BEGINNING r S7 'J ' 2", PARCEL. 1, PARTITION 79.96' �" PLAT NO. 2012 .3.1 47 5'1 �.— . -- 26.7 0 0 100 200 SCALE IN FEET ))-loop NARRATIVE: REGISTERED cp The purpose of this reap is to illustrate PROFESSIONAL proposed � LAND SURVEYOR the iacation of a ro osed aroess easement on Parcel 1 of Partition Plat MCDR - MARION COUNTY DEED RECORDS No2012-031. Record information henna monuments encs were used to boundaryash R/VN � RIGHT-017-WAY' � fl R EG ON JAN 10, 2006 suraey. No monuments were yet for this RAY PETERSEN 0 P. 61408 EXPIRES: 12/31/18 . - 22 AFTER RECORDING RETURN TO- Woodburn City Recorder City of Woodburn 270 Montgomery Street Woodburn, OR 97071 CITY OF WOODBURN, OREGON PUBLIC UTILITY EASEMENTS WOODBURN SCHOOL DISTRICT #103, an Oregon public school district, GRANTOR, grants to the CITY OF WOODBURN, OREGON, hereinafter called CITY, a permanent easement and right-of-way, including the permanent right to construct, reconstruct, operate, and maintain a public water main and appurtenances on the following described land': See attached Exhibit 'A"Legal Description of Permanent Easement and attached Exhibit "B"Sketch for Legal Description of Permanent Easement which are by this reference incorporated herein GRANTOR reserves the right to use the surface of the land for any purpose that will not be inconsistent or interfere with the use of the easement by CITY. No building or utility shall be placed upon, under, or within the property subject to the foregoing easement during the term thereof, however, without the written permission of CITY. Upon completion of the construction, CITY shall restore the surface of the property to its original condition and shall indemnify and hold GRANTOR harmless against any and all loss, cost, or damage arising out of the exercise of the rights granted herein, The true consideration of this conveyance is zero dollars and zero cents ($0.00), and other valuable consideration, the receipt of which is acknowledged by GRANTOR. GRANTOR covenants to CITY that GRANTOR is lawfully seized in fee simple of the above-granted premises, free from all encumbrances and that GRANTOR and their heirs and personal representatives shall warrant and forever defend the said 'premises and every part thereof to CITY against the lawful claims and demands of all persons claiming by, through, or under GRANTOR. DATED this 2-e' day of August 2018, WOODBURN SCHOOL DISTRICT #103 BY: L Chuck Ransom, Superintendent Public Utility Easements (Permanent) Page 1 of 2 23 CORPORATE ACKNOWLEDGEMENT STATE OF OREGON, County of Marion) ss. The foregoing instrument was acknowledged before me this day of August 2018 by Chuck Ransom, Superintendent of WOOD URN SCHOOL DISTRICT #103 an Oregon public school district and the foregoing instrument was signed and sealed on behalf of said corporation by authority of its Board of Directors; and each of them acknowledged said instrument to be its voluntary act and deed, X D NOTARY PUBLIC FOR OREP0 My Commission Expires, I� �j� - City of Woodburn 1# OFFICIAL STAMP CHARLOTTE L FIP,PS 270 Montgomery Street NOTARY PUBLIC - OREGON Woodburn, OR 97071 COMMISSION NO. 9366m OMMISSION EXPIRFq MA011w 19 pni ni *Aid (Grantee's Name and Address) Accepted on behalf of the City of Woodburn: City Recorder: Heather Pierson Public Utility Easements (Permanent) Page 2 of 2 24 EXHIBIT "All' Land Markers Surveying 4068 Hudson Ave. NE Salem, OR 97317 5103-581-0911 July 18, 2018 Job No. 2018-119 Description for Success High School 16 foot wide Public Waiter line Easement: A tract of land situated in the Northeast quarter of Section 7,Township 5 South, Range 1 West of the Willamette Meridian, in Marion County, Oregon, said tract being a portion of Parcel 1 of Partition Plat Number 2012-31 as recorded in Reel 3436, Page 481, Marion County Deed Records and being more particularly described as follows: Beginning at a point on the South line of a Water Easement, said point being 333.51 feet North 15008'23" East and 41,36 feet South 74035'16" East and 39.58 feet South 14'12'04"West from the Southwest corner of Parcel I of Partition Plat Number 2012-31 as recorded in Reel 3436, Page 481, Marion County Deed Records;thence South 15*46'47"Wiest 177.28 feet; thence South 7429'27" East 32.56 feet; thence North 1504647" East 16,00 feet; thence North 74'°1,3'13"West 16.56 feet; thence North 15*46'47" East 160.57 feet to said South line; thence North 72*12'01" West 16.01 feet to the Point of beginning. TOGHETH,ER WITH a 16 wide public water line easement: Beginning at a point on the South line of a Water Easement, said point being 333.51 feet North 15'08'23" East and 41.36 feet South 74"35'16" East and 39.58 feet South 14012'04"West and 39.88 feet South 72012'01" East and t 6.901 feet North 1704759" East from the Southwest corner of Parcel 1 of Partition Plat Number 2012-31 as recorded in Reel 3436, Page 481, Marion County Deed Records;thence South 80'43'48" East 61.49 feet; thence North 13'58'03" East 14.38 feet; thence South 8,3045'50" East 24.36 feet;thence North 08'33'50" East 91.25 feet; thence North 35*00'05" West 183.14 feet; thence North 15'09'38" East 311.00 feet to:the South line of a 16.00 foot wide Public Utility Easement as shown on said Partition Plat;thence North 8547'23" West 16.30 feet to the East line of "GOOSE HOLLOW AT TUKWILA PHASE 3" Volume 45, Page 141, Book of Town Plats for Marion County,Oregon;thence South 15'0938" West along said East line, 315.39 feet;thence South 3500'05" East 184.23 feet;thence South 08*33'50" Wiest 69,49 feet; thence North 83'45'50"West 22.97 feet; thence South 13'58'03" West 13.62 feet;thence North 80'43'48" West 44.31 feet to a point on the East line of an existing water line easement; thence South 17'47'59" West along said East line, 16.18 feet to the point of beginning, REGISTERED PROFESSioNIAL LANE)SURVEYOFt 18119waterlineeasmentSHS -- 0 GO JANUARY 10.20M TROY EPETERUN! 61 AAA Expires 22-3LIL- 25 LAND MARKERS SURV YIN~«l0X PIPIT "P" 406B l-WDS N, AVE NE' P�FPARED FOR JOHN JOE 18-119 SALEM, GP 97301 DATE: JULY 230 2018 OFFICE (503) 551-0911 LOCATED IN THE NORTHEAST QUARTER O SECTION 7, TOWNSHIP O SOUTH, RANGE I WEST', WILIAMETTE MERIDIAN, p� �q-Irv,J,� CITY Off' WOO�DBURN, Z�"LTI�ON COUNTY, OREGON I I�rARRAIIIWI..:.. The purpose of this reap Is to rllu,ustrate the location of a proposed, water lune easement on Marcel 7 of Partition Plat r t No, 201 -31 as recorded in Reel 3436,. Page 481, Book of fawn Plats, Marlon County, Oregon. Record information and N85'47'23*W found survey monuments from, said plat and the deed were used to establish the taoundory. This is riot a boundary survey. No monuments were set for this mop. VCDR — MARION COUNTY DEED RECORDS Al R/W — RIGHT-OF—WAY z ARED PROFESSIONAL D EYPR T `=E. PETERSEN l TROY , 0 1000 EXPRES: 12 ' On CALF I FEET N8T+5'50*W r 2 -"` 13.5," 44.31. �� W 41..36" 5W1 '294W .533 � as rN�72*1 '01 Sao. 2 36' 16.0 61.49, hN13"58'03w 14-38' 4^N 17"47'59"E. n N74'13'13'W 166, N15'46*47 E ~' 4'29`27" 16.00* 32, 8' MMS ✓ l m-'��•� STPjl� P w-- 26 AFTER RECORDING RETURN TO: Woodburn City Recorder City of Woodburn 270 Montgomery Street Woodburn, OR 97071 CITY OF WOODBURN, OREGON PUBLIC UTILITY EASEMENTS WOODBURN SCHOOL DISTRICT #103, an Oregon public school district, GRANTOR, grants to the CITY OF WOODBURN, OREGON, hereinafter called CITY, a permanent easement and right-of-way, including the permanent right to construct, reconstruct, operate, and maintain public utilities on the following described land: See attached Exhibit 'A"Legal Description of Permanent Easement and attached Exhibit "B"Sketch for Legal Description of Permanent Easement which are by this reference incorporated herein GRANTOR reserves the right to use the surface of the land for any purpose that will not be inconsistent or interfere with the use of the easement by CITY. No building or utility shall be placed upon, under, or within the property subject to the foregoing easement during the term thereof, however, without the written permission of CITY. Upon completion of the construction, CITY shall restore the surface of the property to its original condition and shall indemnify and hold GRANTOR harmless against any and all loss, cost, or damage arising out of the exercise of the rights granted herein. The true consideration of this conveyance is zero dollars and zero cents ($0.00), and other valuable consideration, the receipt of which is acknowledged by GRANTOR. GRANTOR covenants to CITY that GRANTOR is lawfully seized in fee simple of the above-granted premises, free from all encumbrances and that GRANTOR and their heirs and personal representatives shall warrant and forever defend the said premises and every part thereof to CITY against the lawful claims and demands of all persons claiming by, through, or under GRANTOR, DATED this � day of August 20,18. WOODBURN SCHOOL DISTRICT #103 BY: Chuck Ransom, Superintendent Public Utility Easements (Permanent) Page I of 2 27 CORPORATE ACKNOWLEDGEMENT STATE OF OREGON, County of Marion) ss. The foregoing instrument was acknowledged before me, this day of August 2018 by Chuck Ransom, Superintendent of WOODBURN SCHOOL DISTRICT #103 an Oregon public school district and the foregoing instrument was signed and sealed on behalf of said corporation by authority of its Board of Directors; and each of them acknowledged said instrument to be its voluntary act and deed. NOTARY PUBLIC FOR O 0 My Commission Expires: OFFICIAL STAMP City of Woodburn CHARLOTTE L FIPPS 270 Montgomery Street NOTARY PUBLIC - OREGON COMMISSION NO, 936W Woodburn, OR 97071 OMMIISSION EXPIRES MARCH 1s, 019 (Grantee's Name and Address) Accepted on behalf of the City of Woodburn: City Recorder: Heather Pierson Public Utility Easements (Permanent) Page 2 of 2 28 EXHIBIT "'A" Land Markers Surveying 4068 Hudson Ave, NE Salem, CR 97317 503-581-0911 Proposed 10' public utility easement: A tract of land situated in the Southeast quarter of Section 7,Township 5 South, Range 1 West of the Willamette Meridian, in Marion County, Oregon,said tract being ai portion of Parcel 1 of Partition Plat Number 2012-31 as recorded in Reel 3,436, Page 481, Marion County Deed Records and being more particularly described as follows: Beginning at a point on the West line of Parcel I of Partition Plait Number 2012-31 as recorded in Reel 3436, Page 481, Marion County Deed Records, said point being 6.21 feet North 15*091'38" East from the most Westerly corner of said Parcel 1; thence North 68*50'15" East along the Northerly right of way of State Highway 214, 8816.84 feet to the beginning of a spiral curve to the right;thence along said spiral curve a distance of 510.96 feet and a long chord of North 73002'48" East 509.87 feet to the beginning of an 1195.92 foot radius curve to the right; thence along the arc of said curve a distance of 172.20 feet, the long chord of which bears North 85*27'45" East 172.015 feet to the beginning of a spiral curve to the right;thence along said spiral curve a distance of 442.33,feet and a long chord of South 82046'06" East 440.97 feet; thence 54'14'51" East 13.55 feet to a point 60.00 from the centerline of said Highway 214, said point also being on a spiral curve to the left;thence aloing said spiral a distance of 453.70 fleet and a long chord of North 82'41'36" West 432.78,feet to the beginning of a 1205.92 foot radius curve to the left; thence along the arc of said curve a distance of 173.64 feet, the long chord of which bears South 85*27'45' West 173,49 feet, to the beginning of a spiral curve to the left; thence along said spiral curve a distance of 513,23 feet,the long chord of which bears South 73'03'19," West 512.05 feet to the end of said spiral curve;thence South 68050'15" West 879,49 feet to the West line of said Parcel 1; thence South 15'09'38" East 12.41 feet to the Point of beginning. 'l;;eZ;iST9;;D PROFESSIONAL LAAO SURVEYOR /0 E JANUARY 10,2006 TROY E.PETERSEN 18119HSPUE tXpIres 29 LAND MARKERS SURVEYNG EXHINT "15' 4068 +-ft}'DSON AVE NE PREPARED FOR JOHN HENRR SALEM, OR 97301 DATE: JULY 25, 2018, OFFCE (503) 581-0911 LOCATED IN THE SE Y4 SEC.. 7, T. 5 S,, & I W., W. I,, CITY OF WOODBURN, MARION COUNT ,OREGON Iz 585'47' 54JE �- 242.62' p u PAJCL`L I PARTITION PLAT O. 012-31 0 J00 600 ry ,KCAL f G 1"=aCO' 13.00 CI S1 12.41' — 10' WIDE PUBHC a Ca _- `'N 15'09'38 E 3.2 1 CURVE TABLE. �uRVE Iu �ARE�Ng��jr> p� rT� c �re�s aar LrA Ar� LCI 995.92 02_.05' 3.64 9 X85 7" 'v "15`d J` B"1a,uu, ,SPPIAL CURVE TABLE. caro 453.70' _ CH0RD LENGTHt t�RD BEAf�IN� c�u�v� Et��7H 4.32.78' N82'41i'36"W 2 5112 _.• 57Ea" 5 ,3,57° Ew _ 00R MARION COUNTY DFF'0 RECORDS I I�4'NARRATIVE=: tf The purpose of this rnap Is to illustrate E /" RIGHT—OF—MY a proposed public utility easement Malang highway 214 that Is adjacent to Parcel 1 UJof Partition P''lat No, 2012-31. T No rttc�nurnents were set for this map. EN 30 �'I'1�r I Iii♦ r} B V' September 10, 2018 TO: Honorable Mayor and City Council through City Administrator FROM: Eric Liljequist, Public Works Director SUBJECT: Acceptance of Public Utility Easements at 777 E. Lincoln Street (Washington Elementary School), Woodburn, OR 97071 (Tax Lot 051 W18AA00100) RECOMMENDATION: That City Council authorize the dedication of three public utility easements granted by the Woodburn School District #103 for the property located at 777 E. Lincoln Street (Washington Elementary School), Woodburn, OR 97071 (Tax Lot 051 W 18AA00100). BACKGROUND: The property owner is required to provide two 5-foot wide public utility easements and a 16-foot wide public waterline easement in order to satisfy the conditions of approval of Design Review (DR 2016-01 ). DISCUSSION: One of the 5-foot wide public utility easement dedications is located along the southern property boundary, adjacent to E. Lincoln Street, and the other 5-foot wide public utility easement dedication is located on the northern property boundary, adjacent to Hardcastle Avenue. The 16-foot wide public waterline easement is located along the interior of the property, and provides a looped waterline system for domestic water and fire flow requirements. Both 5-foot wide public utility easements provide a permanent easement and right-of-way to construct, reconstruct, operate and maintain public utilities. The 16-foot wide public waterline easement provides a permanent easement and right-of-way to construct, reconstruct, operate, and maintain a public water line. Agenda Item Review: City Administrator City Attorney Finance 31 Mayor and City Council September 10, 2018 Page 2 FINANCIAL IMPACT: There is no cost to the City for the Public Utility Easements. ATTACHMENTS A Copy of the easement documents are included in Exhibit "A" and Exhibit "B" for each dedication. 32 AFTER RECORDING RETURN TO: Woodburn City Recorder City of Woodburn 270 Montgomery Street Woodburn, OR 97071 CITY OF WOODBURN, OREGON PUBLIC UTILITY EASEMENTS WOODBURN SCHOOL DISTRICT #103, an Oregon public school district, GRANTOR, grants to the CITY OF WOODBURN, OREGON, hereinafter called CITY, a permanent easement and right-of-way, including the permanent right to construct, reconstruct, operate, and maintain a public water main, and appurtenances on the following described land: See attached Exhibit 'A"Legal Description of Permanent Easement and attached Exhibit "B,"Sketch for Legal Description of Permanent Easement which are by this reference incorporated herein GRANTOR reserves the right to use the surface of the land for any purpose that will not be inconsistent or interfere with the use of the easement by CITY. No building or utility shall be placed upon, under, or within the property subject to the foregoing easement during the term thereof, however, without the written permission of CITY. Upon completion of the construction, CITY shall restore the surface of the property to its original condition and shall indemnify and hold GRANTOR harmless against any and all loss, cost, or damage arising out of the exercise of the rights granted herein. The true consideration of thiis conveyance is zero dollars and zero cents ($0,00), and other valuable consideration, the receipt of which is acknowledged by GRANTOR. GRANTOR covenants, to CITY that GRANTOR is lawfully seized in fee simple of the above-granted premises, free from all encumbrances and that GRANTOR and their heirs and personal representatives shall warrant and forever defend the said premises and every part thereof to CITY against the lawful claims and demands of all: persons claiming by, through, or under GRANTOR. DATED this 2,0 day of August 2018. WOODBURN SC L DISTRICT #103 BY: �f I = Chuck Ransom, Superintendent Public Utility Easements (Permanent) Page 1 of 2 33 CORPORATE ACKNOWLEDGEMENT STATE OF OREGON, County of Marion) ss, The foregoing instrument was acknowledged before me this day of August 2018 by Chuck Ransom, Superintendent of WOODBURN SCHOOL DV STRICT #103 an Oregon public school district and the foregoing instrument was signed and sealed on behalf of said corporation by authority of its Board of Directors; and each of them acknowledged said instrument to be its voluntary act and deed. NOTARY PUBLIC FOR OREON My Commission Expires: OFFICIAL STAMP City of Woodburn CHARLOTTE L PIPPS 270 Montgomery StreetNOTARY PUBLIC - OREGON COMMISSION NIO� 9368M Woodburn, OR 97071 :OMMISSION WIRES MARCH 16,2019 (Grantee's Name and Address) Accepted on behalf of the City of Woodburn: City Recorder: Heather Pierson Public Utility Easements (Permanent) Page 2 of 2 34 Land Markers Surveying 4068 Hudson Ave. NE Salem, OR 97317 503-581-0911 EXH'IBIT "A" 16 foot wide Public Water line Easement: A tract of land situated in the Southeast quarter of Section 7,Township 5 South, Range 1 West of the Willamette Meridian, in Marion County, Oregon, said tract being a portion of that tract of laird described in Reel 725, Page 073, and a portion of that tract of land described in Volume 225, Page 229, Marion County Deed Records and being more particularly described as foliows: Beginning at a point that is 330.20 feet South 00'01'11" East from a brass cap in the center of Hardcastle Ave., said point being the most Northerly Northeast corner of the Bradford S. Bonney Donation Land Claim Number 47;thence North 89038'31" West 7.56 feet; thence South 00*21'29" West 72.11 feet;thence North 89*15'38" West 307.74 feet; thence South 49'43'26" West 28,34 feet;thence South 00Q03'23" West 543.91 feet to the Northerly right of way of Lincoln Street; thence North 72'36'00" East along said Northerly right of way, 16.77 feet; thence leaving said Northerly right of way, North 00'03'23" East 393.21 feet;thence South 89'56'37" East 22.92 feet;thence North 00*03'23" East 72.108 feet-, thence North 8945637" West 22.92 feet;thence North 00'03'23" East 66.18 feet; thence North 49'4326" East 14.96 feet; thence South 89015'38" East 319,20 feet; thence South 00'09'52" East 100.64 feet;thence South 89*50'08" West 13.24 feet; thence South 00'09'52" East 22.43 fleet; thence North 89'50'08" East 13.24;thence South 00'09'52" East 334-21 feet to the Northedy right of way of Lincoln Street;thence North 81'33'02" East along said Northerly right of way, 16.17 feet; thence leaving said Northerly right of way, North 00'09'52" West 269.02 feet; thence North 89'17'48" East 81,15 feet;thence North 00042'12" West 16.00 feet;thence South 89'17'48" West 81.00 feet; thence North 00'09,'52" West 185.68 feet; thence North 89'15'38" West 17.19 feet;thence North 00l*21'29" East 72.21 feet; thence North 893831" West 8.44 feet to the Point of beginning, REGISTERED PROFESSIONAL L--A 0 SURVEYOR N JANUARY 10, 2006 TROY E. PETERSEN 1408 1 r .8119watelineeasment 6 Expires 35 # P � )V11 ANO MARKERS SURVEYING � i�� 4068 HUDSON AVE NE P13E PARED FOR JOHN HENRI SALEM, OR 97301 DATE: MAY 11111« 20117 OFFICE (503) bat- 0911 LOCATED IN THE SE 4 SEC.. 7„ W Y SEC. 8, NE. Y4 SSC, 1.8, & NW Y4 SEC. 17 TSS, RII , W.M. CITY OF WOODBURN, MARION CCIIN`IY,OREGON F�GMN f" Of" BEGINNING 8 • '3 "N '' 89' 8'31'"b, _ 7.56 8.44 549.4 '26"W 500.21 91" .- 0;2,1 " A"f 28.34 1 89.1 � 1 1 5'38"W 15 5 ' r a E INNgIN NOTr._ Thee o nt of be inrning is SOO*01'T1"E rC feet frorn the NW corner of the h1C t7 AE. ooley donation land ciaim No. 42. 665.1 500'09"52"900,64 //fi�g 09'52"W yy-`�q�9r'°� ^�"WF�N49-4,3:-26 9'S6s ,.7 rsq�j '. f�L.10.4.Yv"'1 52 117 2.92 YY S89'50'08"W 1851"68' ,.,-NQO 0, 23 13.24 t 72,.08' SOO.09'52"f�� 2.2.43' A ,A N89°50''08"E 81. l 589.1117'" "'W yy 22.92° 7 E 13.24' .42' 12"'1 16.00 89.1 7'48y" — 81.15 0 Iq Vi 00"09'82x" 00 400 SCALE IN FEET z I"=200' N81" ' " --- 16.1,7 +, =5 ----N72'36'00"E RIE SSE D 16-77' PROFESSIONAL NARRATIVE: ccl€ LAND SUUR VEYOV 2 IF MARION COUNTY DEED RECORDS o' p rmaip is to Mustrate R/WV _.. RIGHT—OF—WAY The purpose of this the proposed consolidation of severat tracts of land owned by the woodburm0)REGt l*.I ' school district into one description. This JAN I0" 2006 z is not a boundary survey. No monuments TROY E. PETER SEN cn were set for this mop. 61408 EXPIRES 12 1 1q 36 AFTER RECORDING RETURN TO: Woodburn City Recorder City of Woodburn 270 Montgomery Street Woodburn, OR 97071 CITY OF WOODBURN, OREGON PUBLIC UTILITY EASEMENTS Wt ODBURN SCHOOL DISTRICT #103, an Oregon public school district, GRANTOR, grants to the CITY OF WOODBURN, OREGON, hereinafter called CITY, a permanent easement and right-of-way, including the permanent right to construct, reconstruct, operate, and maintain public utilities on the following described land: See attached Exhibit "'A"Legal Description of Permanent Easement and attached Exhibit "B,"Sketch for Legal Description of Permanent Easement which are by this reference incorporated herein GRANTOR reserves the right to use the surface of the land for any purpose that will not be inconsistent or interfere, with the use of the easement by CITY No building or utility shall be placed upon, under, or within the property subject to the foregoing easement during the term thereof, however, without the written permission of CITY. Upon completion of the construction, CITY shall restore the surface of the property to its original condition and shall indemnify and hold GRANTOR harmless against any and all loss, cost, or damage arising out of the exercise of the rights granted herein. The true consideration of this conveyance is, zero dollars and zero cents ($0.00), and other valuable consideration, the receipt of which is acknowledged by GRANTOR. GRANTOR covenants, to CITY that GRANTOR is lawfully seized in fee simple of the above-granted premises, free from all encumbrances and that GRANTOR and their heirs and personal representatives shall warrant and forever defend the said premises and every part thereof to CITY against the lawful claims and demands of all persons claiming' by, through, or under GRANTOR. DATED this IX day of August 2018. WOODBURN SCHOOL DISTRICT #103 BY: Chuck Ransom, Superintendent CORPORATE ACKNOWLEDGEMENT Public Utility Easements (Permanent) Page I of 2 37 STATE OF OREGON, County of Marion) ss. The foregoing instrument was acknowledged before me this day of August 2018 by Chuck Ransom, Superintendent of WOODBURN SCHOOL DISTRICT #103 an Oregon public school district and the foregoing instrument was signed and sealed on behalf of said corporation by authority of its Board of Directors; and each of them acknowledged said instrument to be its voluntary act and deed. 6'a NOTARY PUBLIC FOR OKE� PON My Commission Expires- YW7, OFFICIAL STAMP City of Woodburn CHARLOTTE L FIPPS 270 Montgomery Street NOTARY PUBLIC - OREGON COMMNO. W6806 Woodburn, OR 97071 OMMISSIONISSION EVIRES MARCH 16,2019 (Grantee's Name and Address) Accepted on behalf of the City of Woodburn: City Recorder: Heather Pierson Public Utility Easements (Permanent) Page 2 of 2 38 Land Marker's Surveying 4068 Hudson Ave. NE Salem, OR 97317 503-581-0911 EXHIBIT "All Proposed 5' wide Public Utility Easement on Hardcastle Ave.: A tract of land situated in the Southeast quarter of Section 7,Township 5 South, Range 1 West of the Willarnette Meridian, in Marion County, Oregon, said tract being a portion of that tract of land described in Reel 725, Page 073, and a portion of that tract of land described in Volume 225, Page 229, Marion County Deed Records and being more particularly described as follows: Beginning at a point on the Southerly right of way Hardcastle Ave., said point being 36.07 feet South 00001'11" East from the most Northerly Northeast corner of the Bradford S. Bonney Donation Land Claim Number 47, said point also being 36.00 feet Southerly from the centerline of said Hardcastle Ave.when measured perpendicularly;thence South 86030'00" East 24185 feet to the East line of that tract of land described in Volume 225, Page 229, Marion County Deed Records;thence South 00001'18" East, along the East line of said tract, 5.101 feet; thence North 86'30'010"West, parallel to the centerline of said Hardcastle Ave., 283.04 feet,to a point on the East line of that tract of land described in Volurne 142, Page 179, Marion County Deed Records; thence North 00'00'00" West, along said East line, 5.01 feet to the Southerly right of way of said Hardcastle Ave.; thence South 86'30'00" East, along said Southerly right of way, 40.19 feet to the Point of beginning. REGISTERED PROFESSIONAL LAND SURVEYOR M EGON JANUARY 110,2006 TROY E. PETERSEN 61408 D Expires 15121HARDCASTLEPUE 39 LAND MARKERS SURVEYING 1 NI 1l JP 4068 HUDSON AVE NE PREPARED FOR JOHN HENRI SX-EM OR 97301AV DATE: JJLY 30, 2018 OFFICE (5O3) 581-0911 LOCATED IN THE E Y4 SEC. 7, W Y4 'SEC. O, NE Y4 SEC. 18, & NW Y4 SEC, 17 T6S, Rl , W.M. CITY OF "OODBURN, MARION COUNTY,OREOON 8OR'TaIH"'w"�`E TCT CORNER fir.. THE E, COOLEY BARD A TLE AVEDDNATION LAND _— — CLAIM NO. 42 �- 5' WIDE . -- POE IwEViSEDCif 1) F EC"TEF�EDO ESCOCwiACO UR'I'VE'YOR EG 0 N a 1 1!0, aaa TROY P' T'ER FN 01408 j EXPIRES I L�NE BEARING DISTANCE I —� 2 S86'30'00"E 242.88° — ! _a_._. 00'O I 'l E 8.0.0 " _. 0 1...4 880` 0'00'W 283.04' 880". O'00'�� 5.01 '.— 0 > 00 4'00 -� SCALE IN FEET l "=200' = 00x ',F,0 SIO;, NARRATIVE: PPE - PUBLIC UTILITY EASEMENT The purpose of this map is to illustrate R/W RIIOHT—OF—WAY the proposed' Public Utility Easement along Hardcastle and Uncol,n St.. This is not a boundary survey. No monuments were set for this map. 40 AFTER RECORDING RETURN TO: Woodburn City Recorder City of Woodburn 270 Montgomery Street Woodburn, OR 97071' CITY OF WOODBURN, OREGON P'UBBLIC UTILITY EASEMENTS WOODBURN SCHOOL DISTRICT #103, an Oregon public school' district, GRANTOR, grants to the, CITY OF WOODBURN,, OREGON, hereinafter called CITY, a permanent easement and right-of-way, including the permanent right to construct, reconstruct, operate, and maintain public utilities on the following described land: See attached Exhibit 'A"Legal Description of Permanent Easement and attached Exhibit "B"Sketch for Legal Description of Permanent Easement which are by this reference incorporated herein GRANTOR reserves the right to use the surface of the land for any purpose that will not be inconsistent or interfere with the use of the easement by CITY. No building or utility shall be placed upon, under, or within the property subject to the foregoing easement during, the term thereof, however, without the written permission of CITY, Upon completion of the construction, CITY shall restore the surface of the property to its original condition and shall indemnify and hold GRANTOR harmless against any and all loss, cost, or damage arising out of the exercise of the rights granted herein. The true consideration of this conveyance is zero dollars and zero cents ($0.00), and other valuable consideration, the receipt of which is acknowledged by GRANTOR. GRANTOR covenants to CITY that GRANTOR is lawfully seized in fee simple of the above-granted premises, free from all encumbrances and that GRANTOR and their heirs and personal representatives shall warrant and forever defend the said' premises and' every part thereof to CITY against the lawful claims and demands of all persons claiming by, through, or under GRANTOR,. DATED this U day of August 2018. WOODBURN SCHOOL DISTRICT#103 BY' r Chuck Ransom, Superintendent CORPORATE ACKNOWLEDGEMENT Public Utility Easements (Permanent) Page 1 of 2 41 STATE OF OREGON, County of Marion) ss, The foregoing instrument was acknowledged before me this day of August 2018 by Chuck Ransom, Superintendent of WOODBURN SCHOOL DISTRICT #103 an Oregon public school district and the foregoing instrument was signed and sealed on behalf of said corporation by authority of its Board of Directors; and each of them acknowledged said instrument to be its voluntary act and deed. r\ NOTARY PUBLIC FOR CR CSN My Commission Expires: OFFICIAL STAMP City of Woodburn CHARLOTTE L FIPPS i NOTARY Y PUBLIC - OREGON h 270 Montgomery Street COMMISSION NO.9368M My CO MMISSIO Woodburn, OR 97071 My COMMISSION EXPIRES MARCH 16,2019 (Grantee's Name and Address) Accepted on behalf of the City of Woodburn. City Recorder: Heather Pierson Public Utility Easements (Permanent) Page 2 of 2 42 .and Markers Surveying 4068 Hudson Ave, NE Salem, OR 97317 503-581-0911 EXHIBIT "A" Proposed 5' wide Public Utility Easement on East Lincoln Ave.: A tract of land situated in the Southeast quarter of Section 7,Township 5 South, Range I West of the Willamette Meridian,, in Marion County, Oregon, said tract being a portion of that tract of land described in Volume 142, Page 179, and a portion of that tract of land described in Volume 211, Page 356, and a portion of that tract of land described in Reel 34, Page 1147, Marion County Deed Records and being more particularly described as follows: Beginning at a point on the Northerly right of way of East Lincoln Street, said point being 36,.39 feet North 00*01'11" West from the intersection of the centerline of East Lincoln Street in Woodburn, Oregon with the West line of the E. C. Cooley Donation Land Claim Number 42 in Township 5 South, Range I West of the Willamette Meridian, In Marion County, Oregon; thence North 81*33'02" East, along said Northerly right of way, 251,33 feet to the East line of that tract of land described in Reel 3562, Page 44, Marion County Deed Records;thence North 00'40'35" West, along the East line of said tract, 5.05 feet;thence South 81'33'02" West, parallel to said centerline, 258.78 feet;thence South 77`32'00" West, parallel to said centerline, 253.30 feet; thenco South 72*36'00" West, parallel to said centerline, 110.82 feet to the West line of that tract of land described in Reel 34, Page 1147, Marion County Deed records; thence South 00'09'46" East, along said West line, 5.24 feet to a point on said Northerly right of way; thence North 72*36'00" East, along said Northerly right of way, 112.16 feet;thence North 77'32'00" East, along said Northerly right of way, 252.91 feet; thence North 81*33'02" East along said Northerly right of way, 6.60 feet to the point of beginning. REGISTERED PROFESSIONAL I.dn4 JANUARY 10, 1. 20MOG rE TROY E PETERSEN= 8 16i—j 15121pue Expires 43 LAND MARKERS SJRVEY'lNG E X HINT "r' 4068 HUDSON AVE NE PREPARED FOR JOHN HENRI SALEM, OR 97301 CRATE JULY 30, 2018 OFFICE (503) 5811-0911 LOCATED IN THE SE Yj SSC. 7, W Y4 SEC. 8, C Y4 SEC. 18, & NW Y4 SEC. 1.7 T5S, RIW, W.M. CITE" OF WOODBURN, MARION COO] TY,O O� NORTHWEST CORN? OF THE E, EW"O LEY �A& ? A TLE AVE, 1 NA T�ON LAND 4 2 RDASED 7 t RE�S G EREU PRO r:N D. SURVEYOR .� IFREGON ua JAN 10, 2006 OZ TRAY E. PETERSEN 61408 EXPIRE& j2/,31_Zj8 5' WIDE PPE L1 36f1 co C T. UNE BEARING DISTANCE L7 C4 00101 ,1 1°"w 36.39' L8 NOO'40'35"" 5.0'5' 0 200 0 L9 S81 02 L10 E77'32' " �.m...._ 258.38' SCALE !V FEET 12 S OO" C '4.C E 5.24' ��yr),ry/ L.13 572.'.3C'C011W 112.15' L14 N77 32 0C E 252.91' L1 S81'33'02 11W 6.60' NARRATIVE: F"UE PUBLIC UTILITY EASEMENT The purpose at khis mop, Ps to illustrate R/W _ RIGHT—OF—WAY the proposed Public Utility Easement along Hardcastle and U ncaln 3t., This is not a boundary survey. Na monuments were set for khis asap. 44 �'I'1�r I Iii♦ r} B V' September 10, 2018 TO: Honorable Mayor and City Council through City Administrator FROM: Eric Liljequist, Public Works Director SUBJECT: Acceptance of a Warranty Deed at 1245-1255 E. Lincoln, Woodburn, OR 97071 (Tax Lot 051W08CC09100) RECOMMENDATION: That City Council authorize an 1 1-foot wide right-of-way dedication granted by Lincoln Street Apartments LLC for the property located at 1245-1255 E. Lincoln Street, Woodburn, OR 97071 (Tax Lot 051 W08CC09100). BACKGROUND: The property owner is required to provide an 1 1-foot wide right-of-way dedication in order to satisfy the conditions of approval of Design Review (DR 2017-05). DISCUSSION: The 11-foot wide public right-of-way dedication is located along the southern property boundary, adjacent to E. Lincoln Street. The 1 1-foot wide public right- of-way provides the required proportional dedication for compliance with the service collector street classification width per the Woodburn Transportation System Plan. FINANCIAL IMPACT: There is no cost to the City for the Warranty deed. ATTACHMENTS A Copy of the Warranty Deed documents is included in Exhibit "A" and Exhibit "B„ Agenda Item Review: City Administrator_x_ City Attorney_x_ Finance_x_ 45 After Recording Return to: City Recorder City of Woodburn 270 Montgomery Street Woodburn, Oregon 97071 Send Tax Statements to: City Recorder City of Woodburn 270 Montgomery Street Woodburn, Oregon 97071 STATUTORY WARRANTY DEED LINCOLN STREET APARTMENTS, LLC, Grantor, conveys and warrants to CITY OF WOODBURN, a municipal corporation of the State of Oregon, Grantee, the following described real property free of encumbrances except as specifically set forth herein: See attached Exhibit "A"Legal Description for Right of Way Dedication and attached Exhibit "B" Sketch far Legal Description for Right of Way Dedication which are by this reference incorporated herein The true and whole consideration for this conveyance is zero dollars ($0.00). BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON TRANSFERRING FEE TITLE SHOULD INQUIRE ABOUT THE PERSON'S RIGHTS, IF ANY, UNDER ORS 195.300, 195.301 AND 195.305 TO 195.336 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007, SECTIONS 2 TO 9 AND 17, CHAPTER 855, OREGON LAWS 2009, AND SECTIONS 2 TO 7, CHAPTER 8, OREGON LAWS 2010. THIS INSTRUMENT DOES NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY THAT THE UNIT OF LAND BEING TRANSFERRED IS A LAWFULLY ESTABLISHED LOT OR PARCEL, AS DEFINED IN ORS 92.010 OR 215.010, TO VERIFY THE APPROVED USES OF THE LOT OR PARCEL, TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES, AS DEFINED IN ORS 30.930, AND TO INQUIRE ABOUT THE RIGHTS OF NEIGHBORING PROPERTY OWNERS, IF ANY, UNDER ORS 195.300, 195.301 AND 195.305 TO 195.336 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007, SECTIONS 2 TO 9 AND 17, CHAPTER 855, OREGON LAWS 2009, AND SECTIONS 2 TO 79 CHAPTER 8, OREGON LAWS 2010. Dated this/01day of Avwak - , 201e. Page 1 of 2 46 LINCOLN STREET APARTMENTS LLC, an Oregon limited liability company BY: CATHOLIC COMMUNITY SERVICES FOUNDATION, its sole member Signed: 12ie� GRANTOR James T. Seymour Executive Director STATE OF OREGON ) ) ss County of Marion ) This instrument was acknowledged before me on ` ' I(o , 20 1$ , by James T. Seymour. By: Notary Public for Oregon My Commission Expires:'I- 01-I JUUY ANN SPARKUM s4 , NOTARY PUBUC-OREGON COMMMM NO.941OP_S Page 2 of 2 47 EXHIBIT A Legal Description For: Right of Way Dedication Property vested in: Lincoln Street Apartments, LLC A 11.00-foot wide right of way dedication situated in the northwest one-quarter of Section 17,Township 5 South, Range 1 West of the Willamette Meridian in the City of Woodburn, Marion County, Oregon and being across a portion of that tract of land described for Parcel 1 in deed to Lincoln Street Apartments, LLC, recorded December 19, 2017 in Reel 4027, Page 448, Marion County Deed Records,the perimeter of said dedication being more particularly described as follows: Beginning at a point on the northerly right of way of Lincoln Street that is 25.00 feet northerly of the centerline of said street when measured at right angles thereto,said point being the southeast corner of said Lincoln Street Apartments, LLC tract;thence North 79°02'02" West 101.29 feet along said right of way to the most southerly southwest corner of said Lincoln Street Apartments, LLC tract;thence North 00°20'00" East 11.19 feet along the west line of said tract to a point that is 11.00 feet northerly of the northerly right of way of Lincoln Street when measured at right angles thereto;thence South 79°02'02" East 101.28 feet parallel with said right of way to a point on the east line of said Lincoln Street Apartments, LLC tract;thence South 00'14'05"West 11.20 feet along said east line to the Point of Beginning, as shown on attached Exhibit B. REGISTERED PROFESSIONAL LAND SURVEYOR OREGON JULY 12,2016 JAMISON L.BEST 85112 48 EXHIBIT B RIGHT OF WAY DEDICATION LOCATED IN NW 1/4 SEC. 17, T. 5 S., R. 1 W., W.M., CITY OF WOODBURN, MARION COUNTY, OREGON SCALE: 1" = 40' 08/08/2018 LINCOLN STREET APARTMENTS, LLC, PARCEL 1 OF WEST LINE OF REEL 4027, PAGE 448 PARCEL 1 OF REEL 4027, PAGE 448 11' RIGHT OF WAY DEDICATION N 0'20'00"E 11.19' -S7g�02'02'E 101,28' ,� S01405 W 7___,Il/2" IRON PIPE N79.02, .,w 11.20' 02 �01 29' 1/2" IRON PIPE 1 _� . °'ARKER REGISTERED PROFESSIONAL URVEYING', LAND SURVEYOR 0 R E G 0 N BARKER SURVEYING JULY 12, 2016 3657 KASHMIR WAY SE JAMISON L. BEST SALEM, OREGON 97317 85112 PHONE (503) 588-8800 FAX (503) 363-2469 EXPIRATION DATE: 12/31/2019 EMAIL:INFO@BARKERWILSON.COM 49 �'I'1�r I Iii♦ r} B V' September 10, 2018 TO: Honorable Mayor and City Council through City Administrator FROM: Eric Liljequist, Public Works Director SUBJECT: Acceptance of Public Utility Easements at 1245-1255 E. Lincoln, Woodburn, OR 97071 (Tax Lot 051W08CC09100) RECOMMENDATION: That City Council authorize the dedication of public utility easements granted by Lincoln Street Apartments LLC for the property located at 1245-1255 E. Lincoln Street, Woodburn, OR 97071 (Tax Lot 051 W08CC09100). BACKGROUND: The property owner is required to provide a 5-foot wide public utility easement and a 16-foot wide public waterline easement in order to satisfy the conditions of approval of Design Review (DR 2017-05). DISCUSSION: The 5-foot wide public utility easement dedication is located along the southern property boundary, adjacent to E. Lincoln Street. The 16-foot wide public waterline easement is located along the interior of the property, extending to the easterly adjacent property limits to provide a connection for potential development on the adjoining parcel. The 5-foot wide public utility easement provides a permanent easement and right-of-way to construct, reconstruct, and operate public and franchised utilities. The 16-foot wide public waterline easement provides a permanent easement and right-of-way to construct, reconstruct, operate, and maintain a public water line. FINANCIAL IMPACT: There is no cost to the City for the Public Utility Easements. Agenda Item Review: City Administrator_x City Attorney_x_ Finance—X- 50 Mayor and City Council September 10, 2018 Page 2 ATTACHMENTS A Copy of the Public Utility Easement documents are included in Exhibit "A" and Exhibit "B" for each dedication. 51 AFTER RECORDING RETURN TO. Woodburn City Recorder City of Woodburn 270 Montgomery Street Woodburn, OR 97071 CITY OF WOODBURN, OREGON PUBLIC UTILITY EASEMENTS LINCOLN STREET APARTMENTS LLC, GRANTOR, grants to the CITY OF WOODBURN, OREGON, hereinafter called CITY, a permanent easement and right-of- way, including the permanent right to construct, reconstruct, operate, and maintain a public water line on the following described land: See attached Exhibit `A"Legal Description of Permanent Easement and attached Exhibit `B"Sketch for Legal Description of Permanent Easement which are by this reference incorporated herein GRANTOR reserves the right to use the surface of the land for any purpose that will not be inconsistent or interfere with the use of the easement by CITY. No building or utility shall be placed upon, under, or within the property subject to the foregoing easement during the term thereof, however, without the written permission of CITY. Upon completion of the construction, CITY shall restore the surface of the property to its original condition and shall indemnify and hold GRANTOR harmless against any and all loss, cost, or damage arising out of the exercise of the rights granted herein. The true consideration of this conveyance is zero dollars ($0.00), and other valuable consideration, the receipt of which is acknowledged by GRANTOR. GRANTOR covenants to C1TYthat GRANTOR is lawfully seized in fee simple of the above-granted premises, free from all encumbrances and that GRANTOR and their heirs and personal representatives shall warrant and forever defend the said premises and every part thereof to CITY against the lawful claims and demands of all persons claiming by, through, or under GRANTOR. DATED this )-aA day of h l , 20 LINCOLN STREET APARTMENTS LLC, an Oregon limited liability company BY: CATHOLIC COMMUNITY SERVICES FOUNDATION, its sole member Public Utility Easements (Permanent) Page 1 of 4 52 �1 James T. Seymoi r Executive Directdr CORPORATE ACKNOWLEDGEMENT STATE OF OREGON, County of ss. The foregoing instrument was acknowledged before me this Z.Q day of A 2015 by James T. Seymour, as Executive Director of Catholic Commur9ty Services Foundation, a corporation and the sole member of Lincoln Street Apartments, LLC, an Oregon limited liability company, on its behalf. The foregoing instrument was signed and sealed on behalf of said corporation by authority of its Board of Directors; and each of them acknowledged said instrument to be its voluntary act and deed. NO ARY BLI FOR OREGON My Commission Expires: 1 ' -2.019 City of Woodburn 270 Montgomery Street Woodburn, OR 97071 JUDYMNSPARKMM NOTARY PUBLIC-OREGON COMMMION NO.941026 (Grantee's Name and Address) Accepted on behalf of the City of Woodburn: City Recorder: Heather Pierson Public Utility Easements (Permanent) Page 2 of 4 53 EXHIBIT A Legal Description For: Public Utilities Easement Property vested in: Lincoln Street Apartments, LLC A 16.00-foot wide public utilities easement situated in the northwest one-quarter of Section 17, Township 5 South, Range 1 West of the Willamette Meridian in the City of Woodburn, Marion County, Oregon and being a portion of that tract of land described for Parcel 1 in deed to Lincoln Street Apartments, LLC, recorded December 19,2017 in Reel 4027, Page 448, Marion County Deed Records, said easement lying 8.00 feet on each side of the following described centerline: Commencing at an iron pipe on the northerly right of way of Lincoln Street, marking the southwest corner of said Parcel 1,from which an iron rod on the west line of said Parcel 1 bears North 00°20'00" East 187.13 feet;thence South 79°02'20" East 21.37 feet along said right of way to the Point of Beginning for this centerline description, said beginning point being 21.00 easterly of the southerly extension of said Parcel 1 when measured at right angles;thence North 0020'00" East 296.67 feet parallel with and 21.00 feet easterly of said southerly extension and west line;thence South 89°40'00" East 78.02 feet to a point on the east line of said Parcel 1 and the end of this centerline description, from which an iron pipe marking the southeast corner of said Parcel 1 bears South 00°14'05"West 311.42 feet,the sidelines of said easement being intended to lengthen and shorten with the northerly right of way of Lincoln Street and the east line of said Parcel 1,as shown on attached Exhibit "B". REGISTERED PROFESSIONAL LAND SURVEYOR OREGON JULY 12,2016 CJ ISON L.BEST 85112 25;e s r�/3il an i q 54 EXHIBIT B PUBLIC UTILITIES EASEMENT LOCATED IN NW 1/4 SEC. 17, T. 5 S., R. 1 W., W.M., CITY OF WOODBURN, MARION COUNTY, OREGON F - S89'40'00"E 78.02' I ' 0 1 18I8'I 1 1 1 CENTERLINE OF 16' WIDE PUBLIC UTILITIES 1 16' I EASEMENT IS ALONG PROPOSED LOCATION 1 1 OF WATERLINE WEST LINE OF 1 PARCEL 1 OF I I LINCOLN STREET REEL 4027, PAGE 448 I I APARTMENTS, LLC 1 I I REEL P4027,L PAGE 448 SCALE: 1" = 40' r 1 I 07/13/2018 21.00' 5/8" IRON ROD WITH YELLOW `r i PLASTIC CAP MARKED, 1 `O "D.L.T. & ASSOC., 1362" 1 N Iwl Io 1 w IN I o l0 1 ¢ lZ M 1 z r I 1 w ( 1 REGISTERED 1 PROFESSIONAL 0 1 LAND SURVEYOR 0 1 z OREGON 1 f6, I JULY 12,2018 I JAMISON L.BEST 21.00' 85112 I 1 /a/3/).12 o l 21.37' 1 �RKER �—lL _� _ URVEYINC, �"�► 79.93 " S79'02,02„E 1p' 1/2 IRON PIPE- .29' BARKER SURVEYING a/vcazN 1/2” IRON PIPE_ L 3657 KASHMIR AY SE SALEM, W OREGON 97317 STREET PHONE (503) 588-8800 FAX (503) 363-2469 EMAIL:INFO@BARKERWILSON.COM 55 AFTER RECORDING RETURN TO: Woodburn City Recorder City of Woodburn 270 Montgomery Street Woodburn, OR 97071 CITY OF WOODBURN, OREGON PUBLIC UTILITY EASEMENTS (Temporary and Permanent) LINCOLN STREET APARTMENTS LLC, GRANTOR, grants to the CITY OF WOODBURN, OREGON, hereinafter called CITY, a permanent easement and right-of- way, including the permanent right to construct, reconstruct, operate, and maintain a public utilities on the following described land: See attached Exhibit `A"Legal Description of Permanent Easement and attached Exhibit `B"Sketch for Legal Description of Permanent Easement which are by this reference incorporated herein GRANTOR reserves the right to use the surface of the land for any purpose that will not be inconsistent or interfere with the use of the easement by CITY. No building or utility shall be placed upon, under, or within the property subject to the foregoing easement during the term thereof, however, without the written permission of CITY. Upon completion of the construction, CITY shall restore the surface of the property to its original condition and shall indemnify and hold GRANTOR harmless against any and all loss, cost, or damage arising out of the exercise of the rights granted herein. The true consideration of this conveyance is zero dollars ($0.00), and other valuable consideration, the receipt of which is acknowledged by GRANTOR. GRANTOR covenants to CITYthat GRANTOR is lawfully seized in fee simple of the above-granted premises, free from all encumbrances and that GRANTOR and their heirs and personal representatives shall warrant and forever defend the said premises and every part thereof to CITY against the lawful claims and demands of all persons claiming by, through, or under GRANTOR. DATED this day of A74 h ' , 20 16V . LINCOLN STREET APARTMENTS LLC, an Oregon limited liability company BY: CATHOLIC COMMUNITY SERVICES FOUNDATION, its sole member Public Utility Easements Page 1 of 4 56 7BY: James T. Seymour Executive Director CORPORATE ACKNOWLEDGEMENT STATE OF OREGON, County of ) ss. The foregoing instrument was acknowledged before me this day of 20� by James T. Seymour, as Executive Director of Catholic Commu ity Services Foundation, a corporation and the sole member of Lincoln Street Apartments, LLC, an Oregon limited liability company, on its behalf. The foregoing instrument was signed and sealed on behalf of said corporation by authority of its Board of Directors; and each of them acknowledged said instrument to be its voluntary act and deed. JUDY MNs NoIARY P LIC OR OREGON NOTARY PUBLIC -OREGON `..'" M Commission Expires: ION NO.941026 Y p �-s✓ City of Woodburn 270 Montgomery Street Woodburn, OR 97071 (Grantee's Name and Address) Accepted on behalf of the City of Woodburn: City Recorder: Heather Pierson Public Utility Easements Page 2 of 4 57 EXHIBIT A Legal Description For: Public Utility Easement Property vested in: Lincoln Street Apartments, LLC A 5.00-foot wide public utility easement situated in the northwest one-quarter of Section 17,Township 5 South, Range 1 West of the Willamette Meridian in the City of Woodburn, Marion County, Oregon and being across a portion of that tract of land described for Parcel 1 in deed to Lincoln Street Apartments, LLC, recorded December 19, 2017 in Reel 4027, Page 448, Marion County Deed Records,the perimeter of said easement being more particularly described as follows: Beginning at a point on the east line of said Lincoln Street Apartments, LLLC that is 36.00 feet northerly of the centerline of said Lincoln Street when measured at right angles thereto, said point being North 00°14'05" East 11.20 feet from the southeast corner of said tract; thence North 00°14'05" East 5.09 feet along the east line of said tract to a point that is 41.00 feet northerly of the centerline of Lincoln Street when measured at right angles thereto;thence North 79'02'02"West 101.27 feet parallel with said centerline to a point on the west line of said Lincoln Street Apartments, LLC tract;thence South 00°20'00"West 5.09 feet along said west line to a point that is 36.00 feet from the centerline of Lincoln Street when measured at right angles thereto;thence South 7902'02" East 101.28 feet parallel with the centerline of the Lincoln Street to the Point of Beginning, as shown on attached Exhibit B. REGISTERED PROFESSIONAL LAND SURVEYOR OREGON JULY 12,2016 JAMISON L.BEST 85112 58 EXHIBIT B PUBLIC UTILITY EASEMENT LOCATED IN NW 1/4 SEC. 17, T. 5 S., R. 1 W., W.M., CITY OF WOODBURN, MARION COUNTY, OREGON SCALE: 1" = 40' 08/08/2018 LINCOLN STREET APARTMENTS, LLC, PARCEL 1 OF WEST LINE OF REEL 4027, PAGE 448 PARCEL 1 OF REEL 4027, PAGE 448 SO°20'00"11V 5' PUBLIC UTILITY EASEMENT 5.09' _ /N79'0210 2"W NO°14'05"E h 1p1.27' S7g p2' - _ --` 5,09, _ _ 02 E 1O1 _ _ NO-1 05 E 1/2" IRON PIPE 28 - 11.20 1/2" IRON PIPE 1yCp�IV S/7-BEET 'ARKER REGISTERED PROFESSIONAL URVEYING LAND SURVEYOR ORE GON BARKER SURVEYING JULY 12, 2016 3657 KASHMIR WAY SE JAMISON L. BEST SALEM, OREGON 97317 85112PHONE (503) 588-8800 FAX (503) 363-2469 EXPIRATION DATE: 12/31/2019 EMAIL:INFO@BARKERWILSON.COM 59 8/30/2018 Woodburn Police Department MONTHLY ARRESTS BY OFFENSES 2018 Year to Date CHARGE DESCRIPTION Jan Feb Mar Apr May Jun Jul Total AGGRAVATED ASSAULT 2 2 6 7 3 6 6 3 ANIMAL CRUELTY 0 0 0 0 0 0 1 1 ANIMAL ORDINANCES 4 2 3 0 3 4 0 1 ARSON 0 0 0 2 0 0 0 ASSAULT SIMPLE 4 4 15 10 11 4 18 6 BURGLARY- BUSINESS 0 0 0 0 0 0 1 1 BURGLARY-OTHER STRUCTURE 0 3 0 0 0 0 1 BURGLARY- RESIDENCE 2 0 1 0 0 0 2 CITY ORDINANCE 0 0 0 0 1 0 0 1 CRIME DAMAGE-NO VANDALISM OR ARSON 5 0 1 2 6 1 1 1 CURFEW 0 0 0 0 0 1 1 CUSTODY- MENTAL 4 2 8 5 9 4 6 3 CUSTODY- PROTECITVE 0 0 0 0 0 2 0 DISORDERLY CONDUCT 3 8 18 5 7 0 8 4 DRIVING UNDER INFLUENCE 11 4 8 9 7 8 7 5 DRUG LAW VIOLATIONS 10 10 7 2 5 5 4 4 DWS/REVOKED -FELONY 1 0 0 0 0 0 0 1 DWS/REVOKED-MISDEMEANOR 1 4 0 0 3 0 1 ELUDE 1 0 1 0 0 0 0 ESCAPE FROM YOUR CUSTODY 0 0 0 0 1 0 0 1 EXPLOSIVES 0 0 1 0 0 0 0 1 FAIL TO DISPLAY OPERATORS LICENSE 0 0 0 0 1 0 0 1 FAILURE TO REGISTER AS SEX OFFENDER 1 0 0 0 0 1 1 3 FORCIBLE RAPE 1 0 0 0 0 0 0 1 FORGERY/COUNTERFEITING 0 0 0 1 2 3 3 9 FRAUD -OF SERVICES/FALSE PRETENSES 1 0 0 0 0 0 0 1 FUGITIVE ARREST FOR ANOTHER AGENCY 52 25 16 38 38 24 35 228 FURNISHING 0 0 0 0 1 0 0 1 HIT AND RUN FELONY 0 0 2 0 0 0 0 2 HIT AND RUN-MISDEMEANOR 4 1 1 1 4 3 3 1 IDENTITY THEFT 0 0 1 0 0 0 1 2 INTIMIDATION /OTHER CRIMINAL THREAT 5 4 4 8 3 1 11 3 INVASION OF PERSONAL PRIVACY 0 0 1 0 0 0 0 1 KIDNAP -FOR ADDITIONAL CRIMINAL PURPOSE 1 0 0 0 0 0 1 2 MINOR IN POSSESSION 5 4 0 2 4 4 1 2 MINOR IN POSSESSION -TOBACCO 0 0 0 0 0 1 0 1 MOTOR VEHICLE THEFT 1 1 2 1 1 1 2 9 NON CRIMINAL DOMESTIC DISTURBANCE 0 0 0 0 1 0 0 1 OTHER 7 2 4 3 1 2 4 2 RECKLESS DRIVING 1 0 2 3 2 2 1 11 RECKLESSLY ENDANDERING 5 0 0 2 3 1 6 1 RESTRAINING ORDER VIOLATION 2 1 2 0 0 1 0 6 ROBBERY- BUSINESS 1 1 1 0 3 0 0 6 ROBBERY- HIGHWAY 0 0 0 2 0 0 0 2 ROBBERY-OTHER 0 0 0 1 0 0 0 1 RUNAWAY 0 0 1 1 1 0 0 3 EX CRIME -CONTRIBUTE TO SEX DELINQUENCY 0 1 0 0 0 0 0 1 EX CRIME -EXPOSER 1 0 0 0 0 0 1 2 EX CRIME -FORCIBLE SODOMY 1 0 0 0 0 0 1 2 EX CRIME -MOLEST(PHYSICAL) 0 0 1 0 0 0 0 1 EX CRIME -NON FORCE SODOMY 0 0 1 0 0 0 0 1 EX CRIME -NON-FORCE RAPE 0 1 1 0 0 0 0 2 EX CRIME -OTHER 0 1 0 01 01 1 EX CRIME -PORNOGRAPHY/OBSCENE MATERIAL 0 0 2 11 0 0 0 3 Page 1 of 2 60 8/30/2018 Woodburn Police Department MONTHLY ARRESTS BY OFFENSES 2018 Year to Date an Feb Mar Apr May Jun Jul Total TALKER 11 1 0 0 0 0 0 STOLEN PROPERTY- RECEIVING,BUYING,POSSESSING 0 1 0 0 1 0 0 HEFT- BICYCLE 1 0 0 0 0 0 0 1 HEFT- BUILDING 1 0 0 0 0 2 2 HEFT- FROM MOTOR VEHICLE 2 0 1 0 2 0 2 HEFT-OTHER 3 2 3 2 2 1 2 1 HEFT-SHOPLIFT 6 6 8 3 4 6 4 3 TRAFFIC VIOLATIONS 21 7 7 9 8 5 10 6 TRESPASS 9 4 6 9 2 2 0 3 UNAUTHORIZED ENTRY INTO MOTOR VEHICLE 2 0 1 1 2 1 1 VANDALISM 0 7 0 2 2 3 6 2 VEHICLE RECOVERD FOR OTHER AGENCY 0 0 0 0 0 2 0 WEAPON -EX FELON IN POSSESSION 2 1 0 0 0 0 1 EAPON -POSSESS ILLEGAL 2 1 1 4-30E-6 1 Jan Feb Mar Apr May Jun Jul Total 2018 Total 187 111 138 136 147 101 162 982 2017 Total 135 169 176 166 164 143 152 110 2016 Total 143 109 143 149 156 137 157 99 Arrests/Year 1200 1000 800 H GN`1 600 Q 400 200 0 2016 2017 2018 Year Page 2 of 2 61 8/30/2018 Woodburn Police Department MONTHLY CRIMINAL OFFENSES 2018 Year to Date CHARGE DESCRIPTION Jan Feb Mar Apr May Jun Jul Total AGGRAVATED ASSAULT 1 2 9 9 6 6 8 41 ANIMAL CRUELTY 0 0 0 0 0 1 1 2 ANIMAL ORDINANCES 2 1 2 0 2 4 1 12 ARSON 1 0 0 0 0 0 1 2 ASSAULT SIMPLE 9 14 15 13 9 7 24 91 ATTEMPTED MURDER 0 0 0 0 0 0 1 1 BURGLARY- BUSINESS 2 8 4 1 1 1 2 19 BURGLARY-OTHER STRUCTURE 3 2 1 2 2 2 3 1 BURGLARY- RESIDENCE 3 1 8 12 1 5 12 42 CHILD NEGLECT 0 0 0 1 0 0 0 1 CITY ORDINANCE 0 0 0 0 1 0 0 1 COMPUTER CRIME 0 0 1 0 0 0 0 1 CRIME DAMAGE-NO VANDALISM OR ARSON 13 11 16 17 7 7 10 81 CURFEW 0 0 0 0 0 1 1 2 CUSTODY- MENTAL 4 2 9 4 9 4 6 38 CUSTODY- PROTECITVE 0 0 0 0 0 1 0 1 DISORDERLY CONDUCT 4 10 5 7 7 3 11 47 DRIVING UNDER INFLUENCE 11 4 8 10 7 8 7 5 DRUG LAW VIOLATIONS 10 8 6 2 7 5 4 42 DWS/REVOKED- FELONY 1 0 0 0 0 0 0 1 DWS/REVOKED-MISDEMEANOR 1 6 0 1 4 0 1 13 ELUDE 2 2 3 1 0 0 2 10 ESCAPE FROM YOUR CUSTODY 0 0 0 0 2 0 0 2 EXPLOSIVES 0 1 0 0 0 0 0 1 FAIL TO DISPLAY OPERATORS LICENSE 0 0 0 0 1 0 0 1 FAILURE TO REGISTER AS SEX OFFENDER 1 0 0 0 0 1 1 3 FORCIBLE RAPE 4 2 0 0 2 1 1 10 FORGERY/COUNTERFEITING 3 3 3 8 6 4 2 29 FRAUD-ACCOUNT CLOSED CHECK 0 0 0 1 1 0 0 2 FRAUD- BY DECEPTION/FALSE PRETENSES 3 4 3 3 7 4 5 29 FRAUD- CREDIT CARD/AUTOMATIC TELLER MACHINE 2 1 1 3 0 8 1 16 FRAUD- OF SERVICES/FALSE PRETENSES 3 0 0 1 1 0 1 6 FUGITIVE ARREST FOR ANOTHER AGENCY 36 20 14 25 27 22 25 169 FURNISHING 0 01 0 0 1 0 0 1 HIT AND RUN FELONY 0 0 2 0 1 0 1 HIT AND RUN-MISDEMEANOR 22 13 12 17 12 18 23 117 IDENTITY THEFT 1 3 3 9 5 6 1 28 INTIMIDATION /OTHER CRIMINAL THREAT 5 7 2 2 3 5 5 29 INVASION OF PERSONAL PRIVACY 0 0 1 0 0 0 0 1 KIDNAP - FOR ADDITIONAL CRIMINAL PURPOSE 1 0 0 0 0 0 1 2 MINOR IN POSSESSION 2 2 0 1 1 2 1 9 MINOR IN POSSESSION -TOBACCO 0 0 0 0 0 1 0 1 MISCELLANEOUS 30 19 21 16 15 24 15 140 MOTOR VEHICLE THEFT 10 14 5 16 13 3 4 6 NON CRIMINAL DOMESTIC DISTURBANCE 10 6 10 14 27 20 16 103 OTHER 7 3 3 5 4 5 4 31 PROPERTY- FOUND LOST MISLAID 1 4 2 4 4 1 3 19 PROPERTY RECOVER FOR OTHER AGENCY 0 0 0 0 0 0 1 1 RECKLESS DRIVING 3 2 4 3 3 2 1 18 RESTRAINING ORDER VIOLATION 3 2 1 3 0 2 0 11 ROBBERY- BUSINESS 1 1 0 0 2 0 1 5 ROBBERY- CAR JACKING 0 1 1 0 0 0 0 2 ROBBERY- HIGHWAY 0 0 0 1 0 0 0 1 ROBBERY- OTHER 2 2 1 1 0 2 0 8 ROBBERY- RESIDENCE 0 1 0 0 0 0 1 2 RUNAWAY 0 0 3 5 1 1 5 1 SEX CRIME - CONTRIBUTE TO SEX DELINQUENCY 0 1 0 0 0 1 0 2 Page 1 of 2 62 8/30/2018 Woodburn Police Department MONTHLY CRIMINAL OFFENSES 2018 Year to Date Jan IFeb Mar Apr May Jun Jul Total SEX CRIME - EXPOSER 1 0 0 0 0 0 1 2 SEX CRIME - FORCIBLE SODOMY 1 0 0 0 1 0 1 3 SEX CRIME - MOLEST (PHYSICAL) 0 0 1 1 1 0 1 SEX CRIME - NON FORCE SODOMY 0 0 2 0 0 0 0 2 SEX CRIME - NON-FORCE RAPE 0 1 3 1 1 0 0 6 SEX CRIME - OTHER 1 1 0 0 0 0 0 2 SEX CRIME - PORNOGRAPHY/OBSCENE MATERIAL 1 0 2 1 1 0 1 6 STALKER 1 1 0 0 1 0 0 3 STOLEN PROPERTY- RECEIVING,BUYING,POSSESSING 1 1 0 0 0 0 1 3 SUICIDE 0 0 1 0 0 2 0 3 HEFT- BICYCLE 2 1 1 0 1 3 3 11 HEFT- BUILDING 5 3 6 4 2 6 3 29 HEFT- COIN OP MACHINE 0 0 0 1 0 0 0 1 HEFT- FROM MOTOR VEHICLE 42 14 26 22 18 24 12 158 HEFT- MOTOR VEHICLE PARTS/ACCESSORIES 1 5 3 2 2 4 1 18 HEFT- OTHER 30 24 22 26 16 16 24 158 HEFT- PICKPOCKET 0 1 0 0 0 1 0 2 HEFT- PURSE SNATCH 1 0 0 0 0 3 1 HEFT- SHOPLIFT 11 13 20 15 13 17 16 105 TRAFFIC VIOLATIONS 28 10 9 11 16 6 7 87 TRESPASS 21 4 8 10 6 3 1 53 UNAUTHORIZED ENTRY INTO MOTOR VEHICLE 14 0 3 2 0 5 2 26 VANDALISM 23 17 23 20 31 27 15 156 VEHICLE RECOVERD FOR OTHER AGENCY 4 1 4 4 2 3 0 18 EAPON - EX FELON IN POSSESSION 2 1 0 0 0 0 1 EAPON - POSSESS ILLEGAL 2 2 1 3 2 1 5 16 EAPON -SHOOTING IN PROHIBITED AREA 0 1 3 1 0 0 1 6 Jan I Feb I Marl Apr IMayl Jun I Jul Total 2018 Total 1 4091 284 3171 3421 3161 3091 311 2,288 2017 Total 1 3221 2921 35 3171 3301 307 317 2,240 2016 Total 1 2651 2371 2821 2751 31 265 290 1,929 Offenses/Year 2400 2000 N ,soo W 0) W 1200 LL LL 0 800 400 0 2016 2017 2018 YEAR Page 2 of 2 63 Woodburn Police Department ORDINANCE VIOLATIONS 2018 Year to Date 8/30/2018 Ordinance Discription Jan Feb Mar Apr May Jun Jul Total Animal Complaint 35 27 38 44 55 45 42 286 Ordiinance -Abate/Nuisances 1 1 1 0 2 2 1 8 Ordinance -Abandoned Vehicles 83 58 59 72 39 29 44 384 Ordinance -Abate Graffiti 6 10 4 8 5 9 1 43 Ordinance - Land Use Violations 0 1 0 0 1 1 1 4 Ordinance -Oth Violation 51 36 54 58 50 44 46 339 Ordinance -Tall Grass 0 0 0 0 71 37 5 113 2018 Total 176 133 156 182 223 167 140 1,177 2017 Total 94 126 176 177 290 284 175 1,322 2016 Total 122 159 131 106 239 200 181 1,138 Ordinance Violations / Code Enforcement Officers 1200 n 1000 N 800 Z Q 600 J O > 400 200 0 2016 2017 2018 COMBINED TOTAL-CODE ENFORCEMENT OFFICERS Ordinance Violations / Year 1400 1200 1000 N Z O 800 0 O 600 i 400 200 0 2016 2017 2018 YEAR TOTALS FOR ALL OFFICERS 1 64 ITT OF WOODBURN Community Development Department MEMORANDUM 270 Montgomery Street Woodburn, Oregon 97071 (503)982-5246 Date: September 4, 2018 To: Chris Kerr, Community Development Department Director From: Ted Cuno, Building Divisio " Subject: Building Activity for August 2018 2016 2017 2018 No. Dollar Amount No. Dollar Amount No Dollar Amount .�.- 6 �_.......... m. � ------------------ Single-Family Residential 1 $292 291 0 $0 12 $2,87 __.. 9 Y 7,988 Multi-Family Residential 5 . $685,404 0 $0 0 $0 ................ m. �..... �a� . ........ Assisted Living Facilities 0 $0 0 $0 0 $0 Residential Adds , 2 _.....,_ ......$.7,000 ........ .�.. .. .. _.....-. . 4 $89,126 3 $34,215 .Industrial . ........ wmd______- ..__ 3 $.513,366...,_.. __.va �....,, .......... ...... a_- ._..._....... ......... 2 $121,163 0 $0 �.�Commercial.............w_ �� --�-..............., $299,000 w - ...��..a.._-... „413,789 9 $976,260 Signs and Fences 1��-.. .. .... .��$8 000 ��.-...-_---......�� . ��--- —............�..._.....�. g 1 $8,821 0 $0 Manufactured Homes 0 $0 2 $120,000 0 _ ._._. _ $0 w _........... m. . TOTALS 17 $1,805,061 21 $752,899 24 $3,888,463 ..................... ... .... . 6_ _......... .. .. _ .............. �� ..........._. Fiscal Year to Date (July 1 — $2,684,798 $1,377,317 $21,935,797 June 30 L\Community Development\Building\Building Activity\B1dgAct-2018\B1dg Activity-Memos\memo-2018-8 August.doc 65 COUNCIL BILL NO. 3076 ORDINANCE NO. 2562 AN ORDINANCE AMENDING WOODBURN DEVELOPMENT ORDINANCE (WDO) SECTIONS 1.02, 2.02, 2.06, 2.07, AND 4.01.05 TO ALLOW FOR ACCESSORY DWELLING UNITS AND CERTAIN AFFORDABLE HOUSING PROJECTS (LA 2018-02) WHEREAS, ORS 197.312 limits the City's authority to prohibit certain kinds of housing and requires that at least one accessory dwelling be allowed per detached single-family dwelling in every zone that allows detached single- family dwellings; and WHEREAS, the WDO was found to be inconsistent with the statute as it relates to accessory dwelling units and certain affordable housing projects; and WHEREAS, on September 25, 2017, the Council in conformance with WDO 4.01 .09A., initiated this amendment via Resolution No. 2102; and WHEREAS, on June 14, 2018, the Planning Commission in conformance with WDO 4.01 .0913. and 4.01 .1013. held a public hearing and recommended approval of this amendment; and WHEREAS, on July 9, 2018, the City Council held a public hearing, and after requesting additional information from staff, continued the hearing until August 13, 2018; and WHEREAS, on August 13, 2018, the City Council held a public hearing and requested this Ordinance effecting the amendment (LA 2018-02); NOW, THEREFORE, THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. For purposes of this ordinance amendment, all new text is shown as underlined (i.e. new text) and all deleted text is shown as stricken (i.e. dAeIeto,A +o.,+). After this ordinance amendment is adopted, the Community Development director shall correct the WDO to incorporate all revisions contained herein. Section 2. The WDO is amended as specified in Exhibit A which is attached hereto and incorporated herein. Page - 1 - Council Bill No. 3076 Ordinance No. 2562 66 Section 3. The legislative action taken by the Ordinance is explained and justified by the findings and analysis in Exhibit B which is attached hereto and incorporated herein. Approved as to form: City Attorney Date Approved: Kathryn Figley, Mayor Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder ATTEST: Heather Pierson, City Recorder City of Woodburn, Oregon Page - 2 - Council Bill No. 3076 Ordinance No. 2562 67 EXHIBIT A 68 Woodburn Development Ordinance WDO Adopted by Ordinance 2313 on April 9, 2002 Acknowledged by December 22, 2006 Amended by Ordinance 2423 on July 28, 2007 Amended by Ordinance 2446 on September 8, 2008 Amended by Ordinance 2465 on March 24, 2010 Amended by Ordinance 2473 on December 13, 2010 Amended by Ordinance 2480 on September 26, 2011 Amended by Ordinance 2492 on September 10, 2012 Reenacted by Ordinance 2509 on August 12, 2013 Amended by Ordinance 2520 on July 28, 2014 Amended by Ordinance 2538 on September 26, 2016 Amended by Ordinance 2541 on November 14, 2016 Amended by Ordinance 2544 on January 9, 2017 y ae� ti r � DBU I n c o r p crated 1889 69 1.02 Definitions Dwellings: Accessory D��gHHng —A in nterk)ir, attached oir detached res�denfiifl StIl'UCtUIT thi)t ��S Use d in = I � : ��b111111ecfioin 4thl Or that uS accessory 1g, � Ingllg.fai'TI11y dgHiing� 2.02 Residential Zones (Tables 2.02B-F) Residential Single-Family (RS) - Site Development Standards Table 2.0213 Interior,flag or cul-de-sac lot 6,000' Lot Area, Minimum Single-family dwelling, child care (square feet) Corner lot facility or group home 2 8,000' Any other use 10,0001 Lot Width, Minimum Interior,flag or cul-de-sac lot 50 (feet) Corner lot 80 Lot Depth, Average Interior,flag or cul-de-sac lot 90 (feet) Corner lot 90 Interior or cul-de-sac lot 40 Street Frontage Single-family dwelling 40 Corner lot Minimum (feet) Any other use 50 Flag lot 20-24 I Residential Density, Minimum (units per net acre) 5.2 Front Setback and Setback Abutting a Street, Minimum (feet) 20 4,5,6 70 Residential Single-Family (RS) - Site Development Standards Table 2.0213 Side Setback, Primary structure 5 5-9 Minimum (feet) Accessory structure Same as primary structure 16 or less 24 7 Rear Setback, Primary Building more than 16 and 30 7 Average structure height (feet) less than 28 (feet) 28 or more 36 7 Accessory structure 5 Setback to a Private Access Easement, Minimum (feet) 5 71 Residential Single-Family (RS) - Site Development Standards Table 2.0213 Primary building height 16 feet or less 40 Lot Coverage, Primary building height greater than 16 feet 35 Maximum (percent) Accessory structure 25 of rear yard Primary Outside Gateway subarea 35 structure Gateway subarea 40 Building Height, Y Maximum (feet) Features not used for habitation 70 Accessory structure 15 1. Excluding easements for private streets or driveways (See Section 1.02, Lot area) 2. Child care facility for 12 or fewer children, group home for five or fewer persons 3. See Table 3.04A, Flag Lot Access Width 4. Measured from the Special Setback(Section 3.03.02), if any 5. Except for flag lots under the option that all setbacks are 12 feet 6. Infill lots between developed lots: average of abutting residential buildings, plus or minus 5 feet, but not less than 10 feet 7. With a maximum deviation of five feet from the setback standard 8. Accessory structures are included in the total lot coverage. AeeesseFy s4uwuet uu yrs a i e @ &() 4w44e. 9. A house of worship shall be set back at least 20 feet from a property line abutting a residential zone or use. �� III .�5..... ��u^a�.�abir �� u^Il 11 iiu� .��u�u�a� ��.pu:^ a�awull�.11.a^�� dab �.p�u^�ii�ii�...�'u^gra^Ilap.V�un�u^u��:.��u��'��u�'� �a".u^ u^��'ii..abu� �5.�� Il�u �I .... 72 Nodal Residential Single-Family(RSN) - Site Development Standards Table 2.02C Interior or cul-de-sac lot 6,0001 Single-family dwelling, child Lot Area, Standard lot care facility or group home 8,000 Minimum Corner lot 2 (square feet) Any other use 10,000 Interior or cul-de-sac lot 4,0001 Small lot and row house Corner lot 5,000 Interior or cul-de-sac lot 50 Standard lot Lot Width, Corner lot 80 Minimum (feet) Interior or cul-de-sac lot 30 Small lot and row house Corner lot 50 Lot Depth, Standard lot 90 Average (feet) Small lot and row house 80 Standard lot Residential Density, Minimum (units per net acre) 5.2 Small lot and row house Residential Density, Minimum (units per net acre) 7.9 Interior or cul-de-sac lot 40 Single-family dwelling, child Standard lot care facility or group home 40 Street Corner lot 2 Frontage, Any other use 50 Minimum (feet) Interior lot 40 Small lot and row house Corner lot 50 Cul-de-sac lot 30 Front Setback and Setback Abutting a Street, Minimum (feet) 20 3,4 73 Nodal Residential Single-Family(RSN) - Site Development Standards Table 2.02C Front Porch Setback, Maximum (feet) 10 Side Setback, Minimum (feet) 5'-s Rear Setback, Average Primary structure 20 or 0 5,7,10 (feet) Accessory structure 5 Setback to a Private Access Easement, Minimum (feet) 5 74 Nodal Residential Single-Family(RSN) - Site Development Standards Table 2.02C Primary building height 16 feet or less 409 Lot Coverage, Primary building height more than 16 feet 359 Maximum (percent) Accessory structure 25 of rear yard 6 9,-' Primary structure 35 Building Height, Features not used for habitation 70 Maximum (feet) Accessory structure 15,.!?,. 1. Flag lots are not allowed in the RSN zone. 2. Child care facility for 12 or fewer children, group home for five or fewer persons 3. Measured from the Special Setback(Section 3.03.02), if any 4. Infill lots between developed lots: average of abutting residential buildings, plus or minus 5 feet, but not less than 10 feet 5. With a maximum deviation of five feet from the setback standard 6. Accessory structures are included in the total lot coverage. AeeesseFy s4uw'u"et ull es"""'a 11 e @ll'&() 4w44'ed ue 25%°'Gia Ve age a f t"h°e F 4,."a ...%Wall4 7. A house of worship shall be set back at least 20 feet from a property line abutting a residential zone or use. 8. Row houses have a 0 foot side setback on interior lots 9. Lot coverage limitations determined by setbacks for small lot and row house development 10. Garages have a 20 ft or 0 ft setback 1.L... ��2ss()I'y D.du^Il llliui. � " � .11u:"�� a:b � " " "I..abp�un�a u1'... �;. i)IT u �awu„ " � �I�u7 ::.�u � �„a a Su ��.!Ia:bn 2,07, s pa �liifl.. 75 Retirement Community Single-Family Residential (111S) - Site Development Standards Table 2.02D Lot Area, Minimum (square feet) 3,600 1 Lot Width, Minimum (feet) 50 Lot Depth, Average (feet) Not specified Interior or corner lot 50 Street Frontage, Minimum (feet) Flag lot 24-3 0 2 Cul-de-sac lot 40 Front Setback and Setback Abutting a Street, Minimum (feet) 20 s Primary structure 56 Side Setback, Minimum (feet) Accessory structure 5 4 Rear Setback, Minimum Primary structure 56 (feet) Accessory structure 5 Setback to a Private Access Easement, Minimum (feet) 5 76 Retirement Community Single-Family Residential (111S) - Site Development Standards Table 2.02D Primary building height 14 feet or less 40 Lot Coverage, Maximum (percent) Primary building height more than 14 feet 35 Accessory structure 25 of rear yard 5-' Primary structure 35 Building Height, Maximum (feet) Features not used for habitation 70 Accessory structure 15' 1. Excluding easements for private streets or driveways (See Section 1.02, Lot area) 2. See Table 3.04A, Flag Lot Access Width 3. Measured from the Special Setback(Section 3.03.02), if any 4. Five feet if located in the rear yard 5. Accessory structures are included in the total lot coverage. Accessory structures are also limited to 25%coverage of the rear yard. 6. A house of worship shall be set back at least 20 feet from a property line abutting a residential zone or use. 7 cc4's.. m Qw6IIng...�lllllt:u alre SLRb.I4'Lj IQ... p4 LIIfiIc d4"v4'"IIDpII"f(14'"II1.... "4:.4 s4'��.I.. rill � � IoII"1 2,07, sp4'LIlrrd.... 77 Medium Density Residential (RM) - Site Development Standards Table 2.02E Single-family dwelling, Interior,flag or cul-de-sac lot 6,0001 child care facility or Lot Area, Minimum group home Corner lot 8,0002 (square feet) Duplex 8,000 Any other use Not specified s Lot Width, Minimum Interior,flag or cul-de-sac lot 50 (feet) Corner lot 80 Lot Depth, Average All lots 90 (feet) Street Frontage, Interior, corner or cul-de-sac lot 40 Minimum (feet) Flag lot 24-304 Duplex, Single-family dwelling 5.2 Minimum Any other use 12.8 Multiple-family dwelling 16 Residential Density (units per net acre) Child care facility, group care facility or 32' Maximum nursing home Manufactured dwelling park 12 Any other use Not specified 8 Front Setback and Setback Abutting a Street, Minimum (feet) 205,10 78 Medium Density Residential (RM) - Site Development Standards Table 2.02E Single-family dwelling, duplex, child care 5 2, 6,7 Primary facility or group home Side Setback, structure Minimum (feet) Any other use Same as rear Accessory structure Same as primary 16 or less 24 2,6 Single-family dwelling, Building more than 16 duplex, child care height 302,6 and less than 28 facility or group home (feet) 28 or more 36 2,6 16 or less 24 Primary Any other use except Rear Setback, structure Building Minimum (feet) nonresidential use height more than 16 30 abutting DDC, NNC, and less than 28 CG, IP, SWIR, or IL zone (feet) 28 or more 36 Nonresidential use abutting DDC, NNC, or CG zone 109 Nonresidential use abutting IP, SWIR, or IL zone 159 Accessory structure 5 Setback to a Private Access Easement, Minimum (feet) 5 Primary building height 16 40 Single-family dwelling, duplex, feet or less Lot Coverage, child care facility or group home h z Primary building height Maximum 35 (percent) more than 16 feet or less Any other use Not specified 8 Primary structure 35 Building Height, Features not used for habitation 70 Maximum (feet) Accessory structure 1511 1. Excluding easements for private streets or driveways (See Section 1.02, Lot area) 79 Medium Density Residential (RM) - Site Development Standards Table 2.02E 2. Child care facility for 12 or fewer children, group home for five or fewer persons 3. Child care facility for 13 or more children, group home for six or more persons 4. See Table 3.04A, Flag Lot Access Width 5. Measured from the Special Setback(Section 3.03.02), if any 6. Except for flag lots under the option that all setbacks are 12 feet 7. For row houses, there is no side setback along common lot lines. See table 2.02C for row house development standards 8. The minimum lot dimensions, maximum density, and maximum lot coverage are determined by setbacks, off-street parking, and landscaping requirements. 9. A house of worship shall be set back at least 20 feet from a property line abutting a residential zone or use. 10. Infill lots between developed lots: average of abutting residential buildings, plus or minus 5 feet, but not less than 10 feet 1.I...... Accessory P„ pIIIHing.iJu�uts ai e SLflb.Vpct to...sppd iic deveIl.�bporr pint standards (ape Section 2,07, Sppd.i ll. 80 Nodal Medium Density Residential (RMN) - Site Development Standards Table 2.02F Single-family dwelling, child Interior or cul-de-sac lot 4, 0001,2 care facility or group home Corner lot 5, 000 2 Interior lot 3, 000 1 Lot Area, Row house Corner or cul-de-sac lot 3,600 Minimum (square feet) Duplex 8 000 1 Multiple-family dwelling, child care facility, group home or 87,120 1,s nursing home Any other use Not specified' Interior or cul-de-sac Lot 45' Single-family dwelling, child care facility or group home Corner lot 60' Interior lot 20 Row house Lot Width, Corner or cul-de-sac lot 35 Minimum (feet) Duplex 80 Multiple-family dwelling, child care facility, group home or 200 s nursing home Any other use Not specified' Single-family dwelling, child care facility or group home or 80' row house Lot Depth, Duplex 90 Average (feet) Multiple-family dwelling, child care facility, group home or s 200 nursing home Any other use Not specified' Street Frontage, Interior lot 20 Minimum (feet) Corner lot 35 81 Nodal Medium Density Residential (RMN) - Site Development Standards Table 2.02F Single-family dwelling, child care facility, group home,or Cul-de-sac lot 30 multiple-family dwelling z Interior lot 20 Row house Corner or cul-de-sac lot 35 Duplex 80 Any other use 200 Single-family dwelling 7.9 Duplex or row houses 10 Minimum Multiple-family dwelling 19 Residential Any other use Not specified 7 Density(units Multiple-family dwelling 24 7 per net acre) Child care facility, group care facility or 32 3,7 Maximum nursing home Manufactured dwelling park 12 7 Any other use Not specified 7 Single-family dwelling, child care facility or group 20 2,4 home Front Setback Abutting an arterial street 20 4 and Setback Row house Abutting a Not abutting an arterial street 104 Street, Minimum (feet) Abutting commercial or industrial 20 4 zone, or collector or arterial street Any other use Not abutting commercial or industrial 4 10 zone, or collector or arterial street 82 Nodal Medium Density Residential (RMN) - Site Development Standards Table 2.02F Abutting an RS zone 10 plus 5 fo 4each story over 1 Row houses To front porch 10 Front Setback Abutting commercial or industrial s Duplex, multiple- Not specified and Setback family dwelling, zone, or collector or arterial street Abutting a Street, group home or Not abutting commercial or industrial s nursing home 15 Maximum (feet) zone, or collector or arterial street Any other use Not specified Single-family dwelling, child care facility or group 52 home Row house 15 5,9 Abutting RS, RM, or 16 or less 24 P/SP zone, or an Building more than 16 Side Setback, existing single- height 30 Minimum (feet) All family, duplex, or (feet) and less than 28 other multiple-family uses dwelling 28 or more 36 Abutting NNC, or CG zone 108 Abutting SWIR zone 15 Accessory structure Same as primary 16 or less 24 2,6 Single-family dwelling, Building child care facility or height more than 16 and 302,6 group home (feet) less than 28 Rear Setback, 28 or more 36 2,6 Minimum (feet) Row houses 20 or 011 Any other use Same as side Accessory structure 5 83 Nodal Medium Density Residential (RMN) - Site Development Standards Table 2.02F Setback to a Private Access Easement, Minimum (feet) 5 Single-family Primary building height 16 feet or less 40' Lot Coverage, dwelling, child care facility or Primary building height more than 16 feet 35 z Maximum group home or less (percent) Any other use Not specified 7,'0 Primary structure 45 Building Height, Features not used for habitation 70 Maximum (feet) Accessory structure 151^' 1. Flag lots are not allowed in the RMN zone. 2. Child care facility for 12 or fewer children, group home for five or fewer persons 3. Child care facility for 13 or more children, group home for six or more persons 4. Measured from the Special Setback(Section 3.03.02), if any 5. For row houses, there is no side setback along common lot lines. 6. With a maximum deviation of five feet from the setback standard 7. The minimum lot dimensions, maximum density, and maximum lot coverage are determined by setbacks, off-street parking, and landscaping requirements. 8. A house of worship shall be set back at least 20 feet from a property line abutting a residential zone or use. 9. Row houses have a 0 foot side setback on interior lots 10. Lot coverage limitations determined by setbacks for small lot and row house development 11. Garages have a 20 ft or 0 ft setback 1: ...PYPIlliIn �.) llltSrri)I SL.R.��4 �� 4�I..�I� �4�,4, �S �II"14.I standards g �g.L jIIg1 ..s.07.M. 84 Uses Allowed in Residential Zones Table 2.02A Use Zone Accessory Uses(A) Conditional Uses(CU) Permitted Uses(P) Special Permitted Uses(S) Specific Conditional Uses(SCU) RS RSN RIS RM RMN A Dwellings 1Accessory d�ypH�ng �]lit S S S S S 1' Duplex dwelling S S P P "' Manufactured dwelling S1 S1 S S S 9 Manufactured dwelling park S S 4,5 Multiple-family dwelling P P y' Row houses P P y'.. Single-family detached dwellings P P P P P 2.06 Accessory Structures 2.06.01 Applicability The following standards are applicable to accessory structures in all zones Lce„sso..pry Pvvg111 n �,::)Di„ts )prv„�„^ s ” 4"X4'"II1(1��j' II�DII"f(1 1"14'"�4" str�ll1 rr�ll s rr�ll1 rill 4'" S�L4 u4'"ct tot"14'"....ILII cS�IIsII�SII1� �S „s4'ctIoII"1! 2 07 2.07 Special Uses Special Permitted Uses are allowed outright, but are subject to additional requirements designed to ensure their compatibility with, or mitigate their impact on, surrounding (usually residential) development. 2.07.11 House of Worship Bus and Van Storage: Storage of buses and vans used by a house of worship shall be permitted if the 85 vehicles are not parked closer than 20 feet to a property line abutting a residential zone or use. _ _ 3, = 1, 2, 1 2, U III��t, E, Hoor Aiirei: p Il(=, giross flooll-all-ea of the accessoir dweHhing UDt shi)11 unot exceed 50 24^ir4"eint ofthe p[hirrial'y daYpHk ling, g'ZZ5 sg4 allre feet, MNchevellr IS Hess. p the gg-aagg airea shi)1111 Ibe (.XdUded firoirn CiflCLfli)fi()lI Of th(^ fl(K)l-iflTi). E 5912allrafic)llmp Ilr1^Ire shifll Ibe as urraouruorraUurra SN foot sepg[gjk)in between detached accessory dypHhilng gDs and aH1 (WI&I-Stl-UCtUlTS 0111 th(." SI1t(.", G, V(jNdetli'4sC14sll'4.^S/V(.^luC�14(^s hceinsed by 1�]p Oiireggu] Pppg[jqig]j gf Motor V(jNdes shi)11 ur451 be p4.^II,iirn111e41 as accpssc)i-Y dweHhing gDllts, -L Eiintiiraiinc& An access45ily41vv4."11IIuiing 4s]lt attached oir lloca ted Mthhin a Il2urvuurnai'y dmflhiingxbgfl DQj [gSUR uul aaDy lga45 dogir entrance b6in45Lrr114"d on ain exteiijoll-wi)1111 fabling as fEgDj pEgggly llne, L e1;10 Ilallln One off-street Ilsaau-killig spgLg us a 4°g4 iired in addfigin to that MNch Is ilreghired for the Ilse,ul)m 41�Sra54,:"I hllng 4Ll �Ns addfioilnifl sph� g IS 11101 S4flb14"41 to the ocafion iireg4sEgMgiints of WDO Secfion 3,0 5,0 2,D,3, J, IN c�)III-c 4)III f()ii-irn 1i t i e sLeg alllly u2 g u2-sg Dfg ii-IT)1111 g g c c e s s4511 y St 11-U Ct U 11-4'"s ��c�)c at e d 4511r ii,e s ll d e III t 11 a y Kg III e d ��a III d miay I g Lgu]Ygllrted to ain accessoi-y daYgHhllng 44] sin accordance MCI the iireg4siireiirneiints of Secfion 1 04, K, OWII(N' OCCUPalDi y BpgguITITI(Nllt, ..1..117(^ (WI&I,01,111 g�2�245iiiinte41 liunlurriedate faii-ndy mpirnbeir of the cmineir MU�i gMipy Pufilellr th(� I]E)Ly -esidence oir accessory dmd��Ing UD��t oill the pEgpg-ty as ��ts PE�llnbp�� gg�� Egsdeiince, excep! for boina fide t&Tipg�'airyas �lf thelowillell-11 IS a egrrall 11^o2jlty Q !Dlsll±2 145111145SYhlng pg'sons shi)H1 lbe consdered (flhgHNe cmineir. 2Pfl � sefibI � r : r� :InJ the=� l ) � )�� i) cc)I o 42EP21-a1e sWSor � ) DybgMiis, d ( ) fpalltlllellrsh�p,1�22lg , Mg 9 11,S, 87 4.01.05 120-Day Rule A. The City shall take final action on the application within 120 days of the date that the application was deemed complete, unless the applicant extends the 120 day period. Any continuance or extension of the record requested by an applicant shall result in a corresponding extension of the 120-day period. B. When the 120-day Rule is Not Applicable: The 120-day rule does not apply to: 1. Any Type I decision; 2. Any application for an amendment to the City's comprehensive plan; or 3. Any application for a permit, the approval of which depends upon a Comprehensive Plan amendment; 4. Any application that is not wholly within the City's authority and control; 5. Any Type V decision; 6. Any annexation,, a;b„pr 7 Needed h()USlilIng a411411411iiCa fi()lIns that a'Tle t the cijteija of ORS 197,311 i llhe Clty xbh 111 jaIke finifl gCfi14S111 4)II1', these a llCat I()ills MMNIII 100 days gf the date that the appllllcafilc)n was d4"4i"II1(14'd 4;4DII"f(1PI2!2" 44111114;ss the appI�cant extends the,100 day 11.12II II4;D„d., 88 Exhibit B Page 1 of 6 Analyses & Findings This attachment to the staff report analyzes the application materials and finds through statements how the legislative amendment relates to and meets applicable provisions. Symbols aid locating and understanding categories of findings: Symbol Category Indication Requirement (or guideline) met No action needed Requirement (or guideline) not met Correction needed Requirement (or guideline) not applicable No action needed Other special circumstance benefitting from Revision needed attention .................................................................................::..............::.................p ... : . ........................................................::........(......................................). Section references are to the Woodburn I[)evel.o. ii inti iiFldiiii°� ince LA 2018-02 Page 1 of 6 89 Exhibit B Page 2 of 6 Legislative Amendment Provisions Background 1.05.0313. establishes that the Planning Commission recommends to the City Council on proposed or revised ordinances relating to the regulation of land use. A brief WDO history: • In 2002, the Council first adopted the WDO on April 9 via Ordinance No. 2313. • In 2007, the Council first amended the WDO on July 28 via Ordinance No. 2423. • In 2017, the Council adopted on January 9 the thirteenth and most recent amendment via Ordinance No. 2544. :9...0:9...0:9..13. outlines the purpose of the WDO. A useful and best urban planning practice particular to Oregon is dividing types of reviews and decisions relating to planning, land use, and zoning into several types designated by Roman numeral. Local governments tweak the exact terms of the basic types, and in Woodburn there are five types, Types I through V. The spectrum spans reviews and decisions that are simple, low-level, narrow, and straightforward — having "clear and objective" provisions— up to things that are complex, high- level, broad and open-ended — having "discretionary" provisions. It spans staff decisions on permits up to Council adoption o major policy decisions. WDO Sections and x01: through _. ... _ ..:: 5.04 describe the types. Legislative Amendment Provisions 4.01 Decision-Making Procedures 4.01.02E.Type V Decisions(Legislative):Type V decisions involve legislative actions where the City Council enacts or amends the City's land use regulations, comprehensive plan, Official Zoning Map or some component of these documents.Type V decisions may only be initiated by the City Council.The Planning Commission holds an initial public hearing on the proposal before making a recommendation to the City Council.The City Council then holds a final public hearing and renders a decision. Public notice is provided for all public hearings(Section 4.01.14).The City Council's decision is the City's final decision and is appealable to LUBA within 21 days after it becomes final. LA 2018-01 Staff Report Attachment 102 Page 2 of 6 90 Exhibit B Page 3 of 6 4.01.09 Initiation of a Legislative Proposal A.The City Council may initiate the consideration of a legislative decision by resolution. B.Actions initiated by the Council shall be referred to the Planning Commission for a public hearing and recommendation to the Council. 4.01.17 Types of Decisions Type V Legislative Decisions(Legislative):Type V decisions involve legislative actions where the City Council enacts or amends the City's land use regulations, comprehensive plan, Official Zoning Map or some other component of any of these documents where changes are such a size, diversity of ownership or interest as to be legislative in nature under State law. Large-scale annexations are included, as well as adopting or amending the Comprehensive Plan or the Woodburn Development Ordinance.The Planning Commission holds an initial public hearing on the proposal prior to making a recommendation to the City Council.The City Council then holds a final de novo public hearing and makes the City's final decision. Public notice is provided for all public hearings.The City Council's decision is the City's final decision and is appealable to LUBA within 21 days after it becomes final. A legislative amendment to the WDO is a Type V decision. The Council initiated consideration of the proposed legislative amendment on September 25, 2017 via Resolution 2102. Staff completed the public notices for the Commission hearing date of June 14, 2018, specifically a newspaper ad in the Woodburn Independent and mailed notice to select agencies — including Marion County, the Woodburn Fire and School Districts, and the Oregon Department of Transportation (ODOT) —and the Downtown Neighborhood Association. It is not specific to any property or properties will not and so a greater degree of public notice is not required, including a Ballet Measure 56, because it does not that limit or prohibit land uses previously allowed in the affected zone notice. (The 1998 measure requires cities and counties to provide affected property owners with notice of a change in zoning classification, adoption or amendment of a comprehensive plan, or adoption or change of an ordinance in a manner that limits or prohibits previously allowed uses. ,g�, „ti,;e,B.iI..1, [,J ],!!„ , [2003] modified the notice requirements.) se The provisions are met. Comprehensive Plan Policies, OAR's & Statewide Planning Goals Staff identifies below applicable comprehensive or "comp" plan policies and Statewide Planning Goals to guide Commission deliberation. LA 2018-01 Staff Report Attachment 102 Page 3 of 6 91 Exhibit B Page 4 of 6 Comprehensive Plan Policies Staff cites relevant comp plan provisions below: B-2. Woodburn shall coordinate with affected state agencies regarding proposed comprehensive plan and land use regulation amendments, as required by state law. All state, county and regional entities were notified pursuant to state law. Draft Code language was also forwarded to the regional realtor association, 1,000 Friends Group as well as the DLCD representative responsible for coordinating and implementing SB 1051. D-2.The housing goal of the City is to ensure that adequate housing for all sectors of the community is provided. Allowing ADU's will help to ensure that housing opportunities for a specific sector of the community (family/elderly) can be accommodated. D-2.2 It is the policy of the City to encourage a variety of housing types to accommodate the demands of the local housing market. These amendments are an excellent example of providing a unique housing type for which there is a demand in the local housing market. D-2.3 To ensure that new concepts in housing are not restricted unduly by ordinances,the City shall periodically review its ordinances for applicability to the current trends in the housing market. These amendments are an excellent example of amending our WDO in order to provide a unique housing type for which there is a demand in the local housing market. G-1.2 Woodburn will encourage the optimum use of the residential land inventory providing opportunities for infill lots, intensifying development along transit corridors, and application of minimum densities. These amendments will help to ensure that the optimum use of the city's residential housing supply is being utilized. It will add housing in areas (lots) that already accommodate development . LA 2018-01 Staff Report Attachment 102 Page 4 of 6 92 Exhibit B Page 5 of 6 Statewide Planning Goals Of the 19 goals, staff cites relevant ones below. Goal 1 Citizen Involvement [Oregon Administrative Rules 660-015-0000011] To develop a citizen involvement program that insures the opportunity for citizens to be involved in all phases of the planning process. Staff confirms that the proposal does not interfere with existing means of land use public notice that span the existence, structure, and purview of the Commission itself to case-specific required mailings, newspaper ads, and sign postings. Goal 10 Housing [OAR 660-015-0000(,;j;p)] To provide for the housing needs of citizens of the state. The proposal allows the City to further the intent of Goal 10 by allowing a housing type which is not currently permitted but which is in demand in the community. ( ,111 Goal 14 Urbanization OAR 660-015-0000,,,,,,,,,,,,,,,,,,,,, To provide for an orderly and efficient transition from rural to urban land use,to accommodate urban population and urban employment inside urban growth boundaries,to ensure efficient use of land, and to provide for livable communities. Staff confirms that the proposal does not interfere with the City meeting this goal, the City having undergone comp plan periodic review leading to the 2015 adoption of the urban growth boundary(UGB) expansion that the Department of Land Conservation and Development (DLCD) acknowledged. These amendments will help to ensure that the optimum use of the city's residential housing supply is being utilized. It will add housing in areas (lots) that already accommodate development. Oregon Administrative Rules: 660-008-0015 Clear and Objective Approval Standards Required (1) Except as provided in section (2)of this rule, a local government may adopt and apply only clear and objective standards, conditions and procedures regulating the development of needed housing on buildable land.The standards, conditions and procedures may not have the effect, either in themselves or cumulatively, of discouraging needed housing through unreasonable cost or delay The proposal includes clear and objective standards for ADUs for needed housing. LA 2018-01 Staff Report Attachment 102 Page 5 of 6 93 Exhibit B Page 6 of 6 SENATE BILL 1051 ORS 197.312(5) Critically, the impetus for these Code amendments was the adoption of SB 1051. The Bill, codified as ORS 197.312(5) requires most local jurisdictions (including Woodburn) to amend or modify their development codes to meet a variety of housing goals and policy standards, including: 1. Allowing for accessory dwelling units in single-family neighborhoods 2. Providing for expedited review of certain affordable housing permits; and, 3. Allowing religious institutions to use their property to develop affordable housing. These amendments have been drafted for the express purpose of meeting the requirements of the ORS. V The legislative provisions are met. Staff recommends approval of the proposal. LA 2018-01 Staff Report Attachment 102 Page 6 of 6 94 �(�'�'1�-r ,I lig♦ +"♦ BU "4, qea& September 10, 2018 TO: Honorable Mayor and City Council FROM: Scott C. Derickson, City Administrator SUBJECT: Resolution to Refinance the Outstanding Water Debt of $8.6 Million RECOMMENDATION: That the City Council approve a resolution authorizing the City Administrator, the Finance Director, or their designee, to negotiate the financial terms to refinance three outstanding Water bonds totaling approximately $8.6 million, and cover costs related to the debt issuance. BACKGROUND: Over a two year period, 2002 and 2003, the City of Woodburn issued three loans through the State of Oregon totaling 16.4 million'. The loans financed improvements for the removal of iron, manganese, and arsenic in the City's water system. As of September 2018, the City's outstanding water debt is approximately $8.6 million. The current low interest rate environment creates an opportunity to refinance (aka refund) the debt to generate a savings, and consolidate the three loans to simplify debt management. The debt refinancing project was discussed throughout the City's budget adoption process for FY 2018-19 and 10-year water rate adoption on June 23, 2018. FINANCIAL IMPACT: The amount proposed for refinancing is approximately $7.9 million ($8.6 million outstanding principal/interest less $754K debt reserve funds on hand). Based on projected revenue, a savings of about $375K may be generated from a lower interest rate, along with a possible shortened maturity date from 2029 to 2023. 1 $4.0 million from Lottery bond proceeds, $8.4 million from Water/Wastewater Financing Program, and $4.0 from Safe Drinking Water Revolving Loan Fund. Agenda Item Review: City Administrator_x_ City Attorney_x Finance—x- 95 Honorable Mayor and City Council October 9, 2017 Page 2 ORS 294.338(4)&(5) identifies bond expenditures as excluded from Budget Law, as such a transfer resolution is not necessary for the use of debt reserves to reduce the outstanding loan balance nor for the payment of approximately $74K issuance costs to be paid from the FY 2018-19 operating budget. Next Steps Followinq Council Approval of the Resolution: 1 . Completion of a bid process and bank selection (September-October 2018). 2. Review and finalizing of closing documents (October 2018). 3. Completion of refinancing (estimated date of October 24, 2018). 96 COUNCIL BILL NO. 3079 RESOLUTION NO. 2122 A RESOLUTION OF THE CITY OF WOODBURN, OREGON AUTHORIZING THE SALE OF A WATER REVENUE REFUNDING BOND WHEREAS, in 2002 the City entered into Loan Agreement No. Y02007 with the State of Oregon acting by and through its Economic and Community Development Department (the "Y02007 Financing") to finance water system improvements including construction of the National Way Treatment Facility, construction of the Parr Road Treatment Facility, and construction of the Country Club Road Facility (the "Project"); and WHEREAS, in 2002 the City entered into Loan Agreement No. S02010 with the State of Oregon acting by and through its Economic and Community Development Department (the "S02010 Financing") to finance the Project; and WHEREAS, in 2003 the City entered into Loan Agreement No. G02003 with the State of Oregon acting by and through its Economic and Commmunity Development Department (the "G02003 Financing," and collectively with the Y02007 Financing and the S02010 Financing, the "Refundable Borrowings") to finance the Project; and WHEREAS, Oregon Revised Statutes sections 287A.360 through 287A.375 authorize Oregon cities to refund outstanding borrowings like the Refundable Borrowings; and WHEREAS, under current market conditions refunding all or a portion of the Refundable Borrowings may produce debt service savings; and WHEREAS, it is now desirable to authorize the refunding of the Refundable Borrowings to achieve debt service savings and restructure the annual debt service payments; NOW, THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. Refunding Bond Authorized. The City Council hereby authorizes the issuance of a water revenue refunding bond (the "Bond") to refund all or any portion of the Refundable Borrowings. The Bond may be issued in an amount sufficient to refund all or any portion of the Refundable Borrowings that are being refunded and to pay Page 1 - Council Bill No. 3079 Resolution No. 2122 97 estimated costs related to issuing the Bond and refunding the Refundable Borrowings. Section 2. Delegation. The City Administrator or the City Finance Director or the person designated by the City Administrator or the City Finance Director (any of whom is referred to in this resolution as a "City Official") are each hereby authorized, on behalf of the City and without further action by the Council, to: 2.1 Select one or more commercial banks or other investors and negotiate the sale of the Bond with those commercial banks or investors. 2.2 Issue the Bond in one or more series. 2.3 Establish the form, principal amount, interest rates, prepayment terms, payment terms and dates, and other terms of each series of the Bond. 2.4 Engage the services of verification agents, escrow agents and any other professionals whose services are desirable for the Bond and negotiate the terms of and execute any agreement with such professionals. 2.5 Determine whether the savings produced by the refunding are adequate to justify the refunding and select portions of the Refundable Borrowings that will be refunded. 2.6 Prepare, finalize the terms of, and execute a new master water system revenue bond declaration (the "Master Declaration") which pledges the revenues of the City's water system to the Bond, contains covenants regarding the levels of fees and charges that the City must impose for its water system, describes the terms under which the City may issue obligations in the future that are secured by the revenues of the City's water system, describes the Bond, and specifies administrative provisions relating to obligations that are secured by the revenues of the City's water system. The Master Declaration will be in substantially the form attached as Exhibit A, but with such changes as are approved by the City Official. 2.7 Determine whether each series of the Bond will bear interest that is excludable from gross income under the Internal Revenue Code of 1986, as amended (the "Code") , or is includable in gross income under the Code. If a series bears interest that is excludable from gross income under the Code, the City Official may enter into covenants to maintain the excludability of interest on that series of the Bond from gross income. Page 2 - Council Bill No. 3079 Resolution No. 2122 98 2.8 Designate any series of Bond as a "qualified tax-exempt obligation" under Section 265(b)(3) of the Code, if applicable. 2.9 Execute and deliver each series of the Bond to its purchaser. 2.10 Take any actions to call and prepay the Refundable Borrowings. 2.11 Execute and deliver any agreements or certificates and take any other action in connection with each series of the Bond which the City Official finds is desirable to permit the sale and issuance of that series of the Bond in accordance with this Resolution. Section 3. Security for the Bond. The Bond will constitute a special obligation of the City that is payable solely from the revenues of the City's water system and related amounts, as provided in the Master Declaration or other document executed pursuant to Section 2 above. Section 4. Effective Date. This resolution is effective immediately upon adoption. Approved and adopted by the City Council at a regular meeting held on the day of , 2018. Approved as to Form: City Attorney Date APPROVED: Kathryn Figley, Mayor Passed by the Council: Submitted to the Mayor: Approved by the Mayor: Filed in the Office of the Recorder: ATTEST: Page 3 - Council Bill No. 3079 Resolution No. 2122 99 Heather Pierson, City Recorder City of Woodburn, Oregon Page 4 - Council Bill No. 3079 Resolution No. 2122 100 Exhibit A Page 1 of 29 MASTER WATER SYSTEM REVENUE BOND DECLARATION City of Woodburn, Oregon Water Revenue Refunding Bond Series 2018 Executed by the City Official of the City of Woodburn, Oregon As of the day of , 2018 2917083.3 042038 RSIND 101 Exhibit A Page 2 of 29 TABLE OF CONTENTS Section1. Findings........................................................................................................................1 Section2. Definitions....................................................................................................................1 Section 3. Rules of Construction. .................................................................................................7 Section 4. Deposit, Pledge and Use of Gross Revenues. ..............................................................8 Section 5. Bond Funds and Accounts. ..........................................................................................9 Section 6. Rate Covenant; Calculations Relating to Balloon Indebtedness and Interest Subsidy Bonds........................................................................................11 Section7. Parity Bonds...............................................................................................................13 Section 8. Subordinate Obligations.............................................................................................16 Section 9. Separate Utility System..............................................................................................16 Section10. General Covenants. ....................................................................................................16 Section 11. Events of Default and Remedies................................................................................18 Section 12. Amendment of Master Declaration............................................................................22 Section13. Defeasance. ................................................................................................................24 Section 14. The Series 2018 Bond................................................................................................24 Appendix A: Form of Water Revenue Refunding Bond, Series 2018 2917083.3 042038 RSIND 102 Exhibit A Page 3 of 29 MASTER WATER SYSTEM REVENUE BOND DECLARATION THIS MASTER WATER SYSTEM REVENUE BOND DECLARATION is executed as of , 2018, by the City Official of the City of Woodburn, Oregon pursuant to the authority granted to the City Official by Resolution No. []/Council Bill No. [ ] adopted by the City Council on , to establish the terms under which the City's Water Revenue Refunding Bond, Series 2018 and future Parity Bonds may be issued. Section 1. Findings. The City finds that it adopted Resolution No. [_]/Council Bill No. on , 2018], authorizing the City to issue revenue bonds under Oregon Revised Statutes Section 287A.360 through 287A.375 to refund the Refunded Obligations, and to enter into a Master Declaration. This Master Declaration establishes the terms under which the City's Water Revenue Refunding Bond, Series 2018 is issued and the terms under which future obligations may be issued on a parity with the Series 2018 Bond. Section 2. Definitions. Unless the context clearly requires otherwise, capitalized terms that are used in this Master Declaration and are defined in this Section 2 shall have the meanings defined for those terms in this Section 2. "Adjusted Coverage Revenues"means the Coverage Revenues, adjusted for purposes of Section 7.1.C(ii) as provided in Section 7.3. "Adjusted Net Revenues"means the Net Revenues, adjusted for purposes of Section 7.1.C(ii) as provided in Section 7.3. "Annual Bond Debt Service"means in any Fiscal Year the amount of principal and interest required to be paid in that Fiscal Year on all Outstanding Bonds, calculated as follows: (a) Interest which is to be paid from Bond Proceeds shall be subtracted; (b) Bonds which are subject to scheduled, noncontingent redemption or tender shall be deemed to mature on the dates and in the amounts which are subject to mandatory redemption or tender, and only the amount scheduled to be Outstanding on the final maturity date shall be treated as maturing on that date; (c) Interest subsidies shall be subtracted from the interest due on Interest Subsidy Bonds as provided in Section 6.5; (d) Bonds which are subject to contingent redemption or tender shall be treated as maturing on their stated maturity dates; and, (e) Each Balloon Payment shall be assumed to be paid according to its Balloon Debt Service Requirement. "Auditor" means a person authorized by the State Board of Accountancy to conduct municipal audits pursuant to ORS 297.670. Page 1 —Master Water System Revenue Bond Declaration 2917083.3 042038 RSIND 103 Exhibit A Page 4 of 29 "Balloon Debt Service Requirement" means the Committed Debt Service Requirement for a Balloon Payment or, if the City has not entered into a firm commitment to sell Bonds or other obligations to refund that Balloon Payment, the Estimated Debt Service Requirement for that Balloon Payment. "Balloon Payment" means any principal payment for a Series of Bonds which comprises more than twenty-five percent of the original principal amount of that Series, but only if that principal payment is designated as a Balloon Payment in the closing documents for the Series. "Base Period" means the alternative selected by the City from the following two options: (a) any twelve consecutive months selected by the City or Qualified Consultant out of the most recent eighteen months preceding the delivery of a Series of Parity Bonds; or(b)the most recently completed fiscal year for which audited financial statements are available. "Bond" or"Bonds"means the Series 2018 Bond and any Parity Bonds. "Bond Counsel"means a law firm selected by the City and having knowledge and expertise in the field of municipal law and whose opinions are generally accepted by purchasers of municipal bonds. "Bond Reserve Account"means the Bond Reserve Account in the Water Fund described in Section 5.3 of this Master Declaration. "Business Day"means any day except a Saturday, a Sunday, a legal holiday, a day on which the offices of banks in Oregon or New York are authorized or required by law or executive order to remain closed, or a day on which the New York Stock Exchange is closed. "City" means the City of Woodburn in Marion County, Oregon, a municipal corporation of the State of Oregon. "City Council" means the City Council of the City, or its successors. "City Official" means the [City Administrator or the City Finance Director], or a person designated by either the [City Administrator or the City Finance Director] to act on behalf of the City pursuant to the Resolution. "Closing"means the date on which a Series of Bonds is delivered in exchange for payment. "Code"means the Internal Revenue Code of 1986, as amended, including the rules and regulations promulgated thereunder. "Committed Debt Service Requirement" means the schedule of principal and interest payments for a Series of Bonds or other obligations which refund a Balloon Payment, as shown in the documents evidencing the City's firm commitment to sell that Series. A "firm commitment to sell" means a bond purchase agreement or similar document which obligates the City to sell, and obligates a purchaser to purchase, the Series of refunding Bonds or other obligations, subject only to the conditions which customarily are included in such documents. Page 2—Master Water System Revenue Bond Declaration 2917083.3 042038 RSIND 104 Exhibit A Page 5 of 29 "Coverage Revenues"means the Net Revenues less systems development charges. "Credit Facility" means a letter of credit, a municipal bond insurance policy, standby bond purchase agreement or other credit enhancement device which is obtained by the City to secure payment in full of Bonds, and which is issued or provided by a Credit Provider. "Credit Provider" means the person or entity that is: (i) obligated to make or guarantee payments under a Credit Facility or Reserve Credit Facility; and (ii)whose long-term debt obligations or claims-paying ability (as appropriate) are rated, at the time the Credit Facility or Reserve Credit Facility is issued, in one of the three highest rating categories by a Rating Agency that has issued a rating on Outstanding Bonds. Under rating systems in effect on the date of this Master Declaration, a rating in one of the three highest rating categories by a Rating Agency would be a rating of"A" or better. "Debt Service Account" means the Debt Service Account described in Section 5.2 of this Master Declaration. "DTC" means The Depository Trust Company or any other qualified securities depository designated by the City as its successor. "Estimated Debt Service Requirement" means the schedule of principal and interest payments for a hypothetical Series of Bonds that refunds a Balloon Payment, that is prepared by the City Official and that meets the requirements of Section 6.4. "Event of Default" means any event specified in 11.2 of this Master Declaration. "Fiscal Year" means the period beginning on July 1 of each year and ending on the next succeeding June 30, or as otherwise defined by State law. "Fitch" means Fitch Investors Service, Inc., its successors and assigns. "Fund" or"Account"refers to any fund, account, or other accounting concept that permits the City to account accurately for amounts that are credited to it under this Master Declaration. A "Fund" in this Master Declaration does not need to appear as a"fund" in the City's budget and an "Account"in this Master Declaration does not need to appear as an "account" in the City's budget. "Government Obligations" means (a) direct, noncallable obligations of the United States of America(including obligations issued or held in book-entry form on the books of the Department of the Treasury and principal-only and interest-only strips that are issued by the U.S. Treasury); or(b)noncallable obligations the principal of and interest on which are secured by the full faith and credit of the United States of America or are unconditionally guaranteed by the United States of America. "Gross Revenues" means all fees and charges and other revenues that are properly accrued under generally accepted accounting principles as revenues of the Water System, including systems development charges but only to the extent Oregon law allows those systems development Page 3 —Master Water System Revenue Bond Declaration 2917083.3 042038 RSIND 105 Exhibit A Page 6 of 29 charges to be used to pay Bonds, revenues from product sales, and interest earnings on Gross Revenues in the Water Fund. Gross Revenues shall be increased by any withdrawals from the Rate Stabilization Account as provided in Section 5.6.13, and shall be reduced by any deposits to the Rate Stabilization Account as provided in Section 5.6.A. However, the term "Gross Revenues" shall not include: (a) The interest income or other earnings derived from the investment of any escrow fund established for the defeasance or refunding of outstanding indebtedness of the City; (b) Any gifts, grants, donations or other amounts received by the City from any State or Federal Agency or other person if such amounts are restricted by law or the grantor to uses inconsistent with the payment of Bonds; (c) The proceeds of any borrowing; (d) The proceeds of any liability or other insurance (excluding business interruption insurance or other insurance of like nature insuring against the loss of revenues); (e) The proceeds of any casualty insurance which the City intends to utilize for repair or replacement of the Water System; (f) The proceeds derived from the sales of assets pursuant to Section 10.9 of this Master Declaration; (g) Any ad valorem or other taxes imposed by the City (except charges or payments for Water System services which become "taxes"within the meaning of Article XI, Section 1 lb of the Oregon Constitution only because they are imposed on property or property owners); (h) Any income, fees, charges, receipts,profits or other amounts derived by the City from its ownership or operation of any Separate Utility System; (i) Installment payments of City line and branch charges, connection fees, or local improvement district assessments that have been pledged as security for a borrowing other than a Bond; or 0) Any federal interest subsidies the City receives for Interest Subsidy Bonds. "Interest Payment Date" means any date on which Bond interest is scheduled to be paid, and any date on which Bonds are called for redemption. "Interest Subsidy Bonds" means Bonds for which the City is eligible to receive federal interest rate subsidies that are similar to the interest subsidies that were available for Build America Bonds. "Master Declaration"means this Master Water System Revenue Bond Declaration, including any amendments made pursuant to Section 12. "Maximum Annual Bond Debt Service"means the greatest amount of Annual Bond Debt Service that is due in any Fiscal Year, beginning with the Fiscal Year for which the calculation is made, and ending with the last Fiscal Year in which Outstanding Bonds are scheduled to be paid. "Moody's" means Moody's Investors Service, a corporation organized and existing under the laws of the State of Delaware, its successors and their assigns. "Net Revenues"means the Gross Revenues less the Operating Expenses. Page 4 —Master Water System Revenue Bond Declaration 2917083.3 042038 RSIND 106 Exhibit A Page 7 of 29 "Operating Expenses" means all costs which are properly treated as expenses of operating and maintaining the Water System under generally accepted accounting principles. However, Operating Expenses do not include: (a) Any rebates or penalties paid from Gross Revenues under Section 148 of the Code; (b) Payments of judgments against the City and payments for the settlement of litigation; (c) Depreciation and amortization of property values or losses, and other non-cash expenses, including non-cash expenses related to pensions and postemployment benefits„ (d) All amounts eligible to be treated for accounting purposes as payments for capital expenditures; (e) Interest and other debt service payments,paying agent fees, broker-dealer fees and similar charges for the maintenance of borrowings; (f) The expenses of owning, operating or maintaining any Separate Utility System; (g) Expenditures made from any liability insurance proceeds; (h) Expenditures made from any casualty insurance proceeds used to pay for costs of repairing or replacing portions of the Water System; (i) Expenditures made from grant funds, regardless of whether such grant funds are dedicated to a specific purpose or available for the general operation, maintenance and repair or replacement of the Water System; 0) Extraordinary, non-recurring expenses of the Water System; or (k) Expenditures allocable to any other funding source which does not constitute Gross Revenues of the Water System. "ORS"means the Oregon Revised Statutes. "Outstanding"refers to all Bonds except Bonds that have been defeased pursuant to Section 13 of this Master Declaration, and Bonds which have matured and not been presented for payment (provided sufficient funds to pay those Bonds have been transferred to their paying agent or Owner). "Owner"means a registered owner of a Bond. "Parity Bond"means any obligation that is secured by the Net Revenues on an equal basis with the Bonds and is issued in accordance with Section 7. "Payment Date"means a Principal Payment Date or an Interest Payment Date. "Permitted Investments" means any investments which the City is permitted to make under the laws of the State. "Principal Payment Date" means any date on which any Bonds are scheduled to be retired, whether by virtue of their maturity or by mandatory sinking fund redemption prior to maturity, and the redemption date of any Bonds which have been called for redemption. Page 5 —Master Water System Revenue Bond Declaration 2917083.3 042038 RSIND 107 Exhibit A Page 8 of 29 "Qualified Consultant" means an independent engineer, an independent auditor, an independent financial advisor, or similar independent professional consultant of recognized standing and having experience and expertise in the area for which such person or firm is retained by the City for purposes of performing activities specified in this Master Declaration or any Supplemental Declaration. "Rate Stabilization Account" means the Rate Stabilization Account established in the Water Fund pursuant to Section 5.6. "Rating Agency" means Fitch, Moody's, S&P, or any other nationally recognized financial rating Agency which has rated Outstanding Bonds or a Credit Facility at the request of the City. "Record Date" for the Bonds means the [fifteenth day] of the month preceding the month in which each Interest Payment Date occurs, whether or not a Business Day. "Refunded Obligations"means the outstanding Loan Agreement No. Y02007, entered into between the City and the State of Oregon Economic and Community Development Department in 2002,the outstanding Loan Agreement No. 502010, entered into between the City and the State of Oregon Economic and Community Development Department in 2002, and the outstanding Loan Agreement No. G02003 entered into between the City and the State of Oregon Economic and Community Development Department in 2003. "Reserve Credit Facility" means any arrangement in which the City pays a fee in exchange for an agreement of a Credit Provider to advance money to the City in the future that the City will use in lieu of using cash or Permitted Investments credited to a subaccount in the Bond Reserve Account. "Reserve Credit Facility" does not include guaranteed investment contracts, master repurchase agreements and similar Permitted Investments. "Reserve Credit Facility Rating" means a long-term debt, financial strength or claims-paying ability rating assigned by a Rating Agency to: (a) a provider of a Reserve Credit Facility, or(b)to any reinsurer of the obligations of a provider of a Reserve Credit Facility. "Reserve Requirement" means a set of rules for funding a subaccount in the Bond Reserve Account. Each Reserve Requirement shall indicate the amount that is required to be credited to the subaccount, the dates by which that amount must be credited to the subaccount, and the requirements for restoring amounts to the subaccount if amounts are withdrawn to pay Bonds that are secured by the subaccount. The Series 2018 Bond is not secured by the Bond Reserve Account or any subaccount therein. "Resolution" means City Resolution No. [_]/Council Bill No. adopted by the City Council on [, 2018]. "S&P"means S&P Global Ratings, a corporation organized and existing under the laws of the State of New York, its successors and their assigns. "Separate Utility System" means any utility property which is declared by the City to constitute a system which is distinct from the Water System in accordance with Section 9. Page 6 —Master Water System Revenue Bond Declaration 2917083.3 042038 RSIND 108 Exhibit A Page 9 of 29 "Series"refers to all Bonds authorized by a single ordinance or declaration and delivered in exchange for payment on the same date, regardless of variations in maturity, interest rate or other provisions, unless the closing documents for the Series provide otherwise. "Series 2018 Bond"means the City's Water Revenue Refunding Bond, Series 2018 issued pursuant to Section 17 of this Master Declaration. "State" means the State of Oregon. "Subordinate Obligations" means obligations having a lien on the Net Revenues which is subordinate to the lien of the Bonds. Restrictions on Subordinate Obligations are described in Section 8. [On the date of this Master Declaration, the City has no borrowings outstanding with a subordinate lien on the Net Revenues.] "Subordinate Obligations Account"means the Subordinate Obligations Account of the Water Fund which is described in Section 5.5. "Supplemental Declaration" means any declaration, resolution or other document which supplements or amends this Master Declaration, entered into by the City in compliance with Section 12. "Tax Maximum" means, for any Series of Bonds, the lessor of: the greatest amount of principal, interest and premium, if any, required to be paid in any Fiscal Year on such Series; 125% of average amount of principal, interest and premium, if any, required to be paid on such Series during all Fiscal Years in which such Series will be Outstanding, calculated as of the date of issuance of such Series; or, ten percent of the proceeds of such Series, as "proceeds" is defined for purposes of Section 148(d) of the Code. "Valuation Date" means the date or dates on which a subaccount of the Bond Reserve Account shall be valued as prescribed in the Supplemental Declaration authorizing the establishment of such subaccount. "Water Fund" means the collection of funds and accounts used by the City to hold the Gross Revenues and the proceeds of Bonds. "Water System" means "all utility property now or hereafter used by the City to supply water within or without the City limits. However, the Water System does not include any Separate Utility System. Section 3. Rules of Construction. In determining the meaning of the provisions of this Master Declaration, the following rules shall apply unless the context clearly requires application of a different meaning: A. References to section numbers shall be construed as references to sections of this Master Declaration. Page 7 —Master Water System Revenue Bond Declaration 2917083.3 042038 RSIND 109 Exhibit A Page 10 of 29 B. References to one gender shall include all genders. C. References to the singular include the plural, and references to the plural include the singular. Section 4. Deposit, Pledge and Use of Gross Revenues. 4.1. All Gross Revenues shall be deposited to and maintained in the Water Fund, and shall be used only as described in this Section as long as any Bonds remain Outstanding. The City shall apply Gross Revenues in the Water Fund on or before the following dates for the following purposes in the following order of priority: A. At any time to pay Operating Expenses which are then due; B. At least one Business Day prior to each Payment Date, to transfer Net Revenues to the Debt Service Account in an amount sufficient(with amounts available in the Debt Service Account)to pay in full all Bond principal, interest and premium, if any, which is due to be paid on that Payment Date; C. On the Closing date for a Series of Bonds and on the first day of the months specified in the provisions creating the subaccounts in the Bond Reserve Account, if the balance in any subaccount of the Bond Reserve Account is determined to be less than the applicable Reserve Requirement, to transfer Net Revenues to the Bond Reserve Account in the amounts required by the provisions creating the subaccounts in the Bond Reserve Account until the balances in all subaccounts of the Bond Reserve Account are equal to their Reserve Requirement; D. On the day on which any rebates or penalties for Bonds are due to be paid to the United States pursuant to Section 148 of the Code, an amount of Net Revenues that is sufficient, with other available funds, to pay the amounts due to the United States; E. On the dates specified in any proceedings authorizing Subordinate Obligations, the City shall transfer to the Subordinate Obligations Account the Net Revenues required by those proceedings; and, F. On any date, the City may transfer Net Revenues to the Rate Stabilization Account or spend Net Revenues for any other lawful purpose relating to the Water System, but only if all deposits and payments that are required to be made on or before that date and that have a higher priority under this Section have been made. 4.2. The City hereby pledges the Net Revenues and federal interest subsidies the City receives for Interest Subsidy Bonds to the payment of principal of,premium (if any) and interest on all Bonds. Pursuant to ORS 287A.310, this pledge made by the City shall be valid and binding from the Closing of the Series 2018 Bond. The Net Revenues and federal interest subsidies so pledged and hereafter received by the City shall immediately be subject to the lien of such pledge without any physical delivery or further act. The lien of these pledges shall be superior to all other claims and liens except liens and claims for the Page 8 —Master Water System Revenue Bond Declaration 2917083.3 042038 RSIND 110 Exhibit A Page 11 of 29 payment of Operating Expenses. The City covenants and agrees to take such action as is necessary from time to time to perfect or otherwise preserve the priority of the pledge. 4.3. If a Reserve Credit Facility is permitted to fund a subaccount in the Bond Reserve Account, the City may pledge the Net Revenues available for transfer to that subaccount of the Bond Reserve Account to pay amounts due under any Reserve Credit Facility securing that subaccount. Section 5. Bond Funds and Accounts. 5.1. So long as Bonds are Outstanding, the City shall maintain the Debt Service Account and the Bond Reserve Account as discrete accounts in the Water Fund. 5.2. Debt Service Account. The City shall hold the Debt Service Account. Until all Bonds are paid or defeased, amounts in the Debt Service Account shall be used only to pay Bonds. A. After the transfer described in Section 4.1.13, if the balance in the Debt Service Account is less than the amount of Bond principal,premium and interest that is due on that Payment Date, the City shall credit to the Debt Service Account an amount equal to the deficiency from any Net Revenues in the Subordinate Obligations Account. B. If, after the credit described in Section 5.2.A, the amounts available to pay Debt Service Account is not sufficient to pay all amounts due on the Payment Date, the City shall allocate the available amounts: (i) First, to pay Bond interest, and pro rata based on the amount due on Bonds if the available amount is not sufficient to pay all Bond interest that is due on that Payment Date; and, (ii) Second, to pay Bond principal and premium that is due on that Payment Date, and pro rata based on the amount of principal and premium due on each Bond if the available amount is not sufficient to pay all Bond principal and premium that is due on that Payment Date. C. If, after the allocation described in Section 5.2.13, there is not enough to pay all principal, interest and premium allocated to pay Bonds that are secured by a subaccount in the Bond Reserve Account, the City shall apply any amounts available in the subaccounts in the Bond Reserve Account, but only to pay the principal, interest and premium on the Bonds that are secured by those subaccounts. D. The City shall transfer sufficient amounts from the Debt Service Account in time to permit payment of all Bond principal, interest and premium (if any)when due in accordance with the Bonds. E. Amounts in the Debt Service Account shall be invested only in Permitted Investments. Earnings on the Debt Service Account shall be credited to the Water Fund. Page 9 —Master Water System Revenue Bond Declaration 2917083.3 042038 RSIND 111 Exhibit A Page 12 of 29 5.3. Bond Reserve Account. A. The Bond Reserve Account shall be held by the City. The City may create one or more subaccounts in the Bond Reserve Account to secure Series of Bonds and covenant to make deposits into any subaccounts it creates; however, the City is not obligated to create any subaccounts in the Bond Reserve Account, and is not obligated to secure any Series of Bonds with a subaccount in the Bond Reserve Account. B. When a subaccount in the Bond Reserve Account is created, the City shall determine whether the subaccount will secure one or more Series of Bonds. If the City creates a subaccount in the Bond Reserve Account, the City shall, when it issues the first Series of Bonds that is secured by that subaccount: a) establish the Reserve Requirement for that subaccount; b)pledge amounts credited to that subaccount to pay the Bonds that are secured by that subaccount; and c) determine if the Reserve Requirement for that subaccount may be funded with Reserve Credit Facilities and the requirements for those Reserve Credit Facilities, and the valuation and replenishment provisions that apply to that subaccount. C. The City shall not create any subaccounts in the Bond Reserve Account for any purpose except securing Bonds in accordance with this Master Declaration. D. The Series 2018 Bond is not secured by the Bond Reserve Account or any subaccount therein. 5.4. Subordinate Obligations Account. The City shall create and maintain the Subordinate Obligations Account in the Water Fund as long as Subordinate Obligations are Outstanding. The Subordinate Obligations Account may be divided into subaccounts, and the City may establish priorities for funding the subaccounts in the Subordinate Obligations Subaccount. Net Revenues shall be deposited into the Subordinate Obligations Account only as permitted by Section 4.1.E. Earnings on the Subordinate Obligations Account shall be credited as provided in the proceedings authorizing the Subordinate Obligations. 5.5. Rate Stabilization Account. The City may create a-the Rate Stabilization Account in the Water Fund and if created will maintain that account as long as Bonds are Outstanding. Net Revenues may be transferred to the Rate Stabilization Account at the option of the City as permitted by Section 4.I.F. Money in the Rate Stabilization Account may be withdrawn at any time and used for any purpose for which the Gross Revenues may be used. [Does the City want to make a deposit to the RSA before closing?] A. Deposits to the Rate Stabilization Account decrease Gross Revenues in the Fiscal Year for which the deposit is made. B. Withdrawals from the Rate Stabilization Account increase Gross Revenues in the Fiscal Year for which the withdrawal is made. Page 10 —Master Water System Revenue Bond Declaration 2917083.3 042038 RSIND 112 Exhibit A Page 13 of 29 C. The City may adjust deposits to and withdrawals from the Rate Stabilization Account for a Fiscal Year at any time prior to the date on which the audit for that Fiscal Year is finalized. D. 1Ititeres;t;,,1�, ,arnings on the Rate Stabilization Account shall be credited to the Water Fund. Section 6. Rate Covenant; Calculations Relating to Balloon Indebtedness and Interest Subsidy Bonds. 6.1. The City covenants for the benefit of the Owners that it will establish and maintain rates and charges in connection with the operation of the Water System which are sufficient to permit the City to pay all Operating Expenses and all lawful charges against the Net Revenues, and to make all transfers required by this Master Declaration to the Debt Service Account, the Bond Reserve Account and the Subordinate Obligations Account. 6.2. The City covenants for the benefit of the Owners of all Bonds that it shall charge rates and fees in connection with the operation of the Water System which, when combined with other Gross Revenues are adequate to generate Coverage Revenues each Fiscal Year at least equal to [one hundred twenty-five percent(125%)] of Annual Bond Debt Service due in that Fiscal Year. 6.3. Not later than six months after the end of each Fiscal Year, the City shall prepare a report that demonstrates whether the City has complied with Section 6.2 during that Fiscal Year and shall file that report in the City records. If the report demonstrates that the City has not complied with Section 6.2 during that Fiscal Year, it shall not constitute a default under this Master Declaration if, within thirty (30) days after the report is filed, the City files a certificate of a City Official that specifies the actions that the City has taken and will take within the next ninety (90) days to permit the City to comply with Section 6.2 for the remainder of the Fiscal Year in which the report is filed, and for the succeeding Fiscal Year, and the City takes the actions specified by the City Official, or actions having a comparable effect. [City: consider making this part of your audit] 6.4. The Estimated Debt Service Requirement for Balloon Indebtedness shall be calculated in accordance with this Section 6.4. A. For the Rate Covenants: For each Balloon Payment that is Outstanding on May 1 of any Fiscal Year, the City Official shall prepare a schedule of principal and interest payments for a hypothetical Series of Bonds that refunds that Balloon Payment in accordance with Section 6A.D. The City Official shall prepare that schedule as of that first day of May, and that schedule shall be used to determine compliance with the rate covenant in Section 6.2 for the following Fiscal Year. B. For Parity Bonds: Whenever a Balloon Payment will be Outstanding on the date a Series of Parity Bonds is issued, the City Official shall prepare a schedule of principal and interest payments for a hypothetical Series of Bonds that refunds each Outstanding Balloon Payment in accordance with Section 6A.D. The City Official shall prepare that Page 11 —Master Water System Revenue Bond Declaration 2917083.3 042038 RSIND 113 Exhibit A Page 14 of 29 schedule as of the date the Parity Bonds are sold, and that schedule shall be used to determine compliance with the tests for Parity Bonds in Section 7.1. C. For the Reserve Requirement: Whenever a Series of Bonds that contains a Balloon Payment is issued, the City Official shall prepare a schedule of principal and interest payments for a hypothetical Series of Bonds that refunds each Balloon Payment in that Series in accordance with Section 6A.D. The City Official shall prepare that schedule as of the date the Series is sold, and that schedule shall be combined with the schedule for payment of any debt service on Bonds that are secured by the same subaccount, and that combined schedule shall be used to determine the Reserve Requirement as long as that Series is Outstanding. D. Each hypothetical Series of refunding Bonds shall be assumed to be paid in equal annual installments of principal and interest sufficient to amortize the principal amount of the Balloon Payment over the term selected by the City Official; however, the City Official shall not select a term that exceeds the lesser of: 30 years from the date the Balloon Payment is originally scheduled to be paid; or the City's estimate of the remaining weighted average useful life (expressed in years and rounded to the next highest integer) of the assets which are financed with the Balloon Payment. The annual installments shall be assumed to be due on the anniversaries of the date the Balloon Payment is originally scheduled to be paid, with the first installment due on the first anniversary of the date the Balloon Payment is scheduled to be paid. Each installment shall be assumed to bear interest at a rate that is estimated by the City from the Bond Buyer Revenue Bond Index (or if the Bond Buyer Revenue Bond Index is not available, a reasonably comparable index selected by the City)for a revenue bond with a term that is equal to the term of the installment. When the City prepares a schedule described in Section 6.4.A, Section 6.4.13 or Section 6.4.C, the City shall use the index that is available to the City on the date the City is required to prepare that schedule. 6.5. Interest Subsidy Bonds. The amounts assumed to be paid on Interest Subsidy Bonds shall be calculated as follows: A. When calculating Annual Bond Debt Service for the rate covenant in Section 6.2, the City shall subtract from interest to be paid on Interest Subsidy Bonds the federal interest subsidies on Interest Subsidy Bonds that the City reasonably expects, at the beginning of the Fiscal Year, to receive during that Fiscal Year. B. When calculating Annual Bond Debt Service and Maximum Annual Bond Debt Service for the tests for issuing Parity Bonds in Section 7, the City shall subtract from the scheduled payments of interest on Interest Subsidy Bonds the amount of federal interest subsidies that the City reasonably expects, at the time the Parity Bonds are issued, to receive. C. When calculating the greatest amount of principal, interest and premium, if any, required to be paid in any Fiscal Year on a Series of Interest Subsidy Bonds to determine the Tax Maximum for Interest Subsidy Bonds that are secured by a subaccount in the Bond Page 12—Master Water System Revenue Bond Declaration 2917083.3 042038 RSIND 114 Exhibit A Page 15 of 29 Reserve Account, the City shall subtract from the scheduled payments of interest on Interest Subsidy Bonds the federal interest subsidies that the City reasonably expects, at the time the Series of Interest Subsidy Bonds is issued, to be paid to the City for the Series of Interest Subsidy Bonds. The City shall not be required to increase the amount the City is required to hold in a subaccount in the Bond Reserve Account if federal interest subsidies are not paid when or in the amounts expected. However, if the City reduces the amount it holds in a subaccount of the Bond Reserve Account because Bonds secured by that subaccount have been paid, the City must take into account its reasonable expectations at the time of reduction in determining the amount that the City must retain in a subaccount of the Bond Reserve Account. Section 7. Parity Bonds. 7.1. The City may issue Parity Bonds to provide funds for any purpose relating to the Water System, but only if: A. No Event of Default under this Master Declaration or any Supplemental Declaration has occurred and is continuing; B. At the time of the issuance of the Parity Bonds there is no deficiency in the Debt Service Account and all required deposits to all subaccounts in the Bond Reserve Account have been made; C. There shall have been filed with the City either: (i) A certificate of the City Official stating that the Coverage Revenues (adjusted as provided in Section 7.2) for the Base Period were not less than [one hundred twenty-five percent(125%)] of Maximum Annual Bond Debt Service on all then Outstanding Bonds, calculated as of the date the Parity Bonds are issued and with the proposed Parity Bonds treated as Outstanding; or (ii) A certificate or opinion of a Qualified Consultant: (a) Stating the amount of the Adjusted Coverage Revenues and the Adjusted Net Revenues for each of the five Fiscal Years after the last Fiscal Year for which interest on the Parity Bonds is, or is expected to be, capitalized, or, if interest will not be capitalized, for each of the five Fiscal Years after the proposed Parity Bonds are issued; and (b) Concluding that the respective amounts of Adjusted Coverage Revenues in each of the first four Fiscal Years described in Section 7.1.C(ii)(a) are at least equal to [one hundred twenty-five percent(125%)] of the Annual Bond Debt Service for each of those respective Fiscal Years on all Outstanding Bonds, with the proposed Parity Bonds treated as Outstanding; and, Page 13 —Master Water System Revenue Bond Declaration 2917083.3 042038 RSIND 115 Exhibit A Page 16 of 29 (c) Concluding that the respective amounts of Adjusted Coverage Revenues in each of the first four Fiscal Years described in Section 7.1.C(ii)(a) are at least equal to [one hundred twenty-five percent..(125%) of the Annual Bond Debt Service] for each of those respective Fiscal Years on all Outstanding Bonds, with the proposed Parity Bonds treated as Outstanding; and, (d) Concluding that the amount of Adjusted Coverage Revenues in the fifth Fiscal Year described in Section 7.1.C(ii)(a) is at least equal to [one hundred twenty-five percent(125%)] of the Maximum Annual Bond Debt Service, calculated for the period beginning with that fifth Fiscal Year on all then Outstanding Bonds, with the proposed Parity Bonds treated as Outstanding. 7.2. The City may adjust Coverage Revenues for purposes of Section 7.1.C(i)by adding any Coverage Revenues or Net Revenues the City Official calculates the City would have had during the Base Period because of increases in Water System rates, fees and charges which have been adopted by the City and are in effect on or before the date the Parity Bonds are issued. The City shall adjust Coverage Revenues for the Base Period by eliminating the effect of any withdrawals from or deposits to the Rate Stabilization Account. 7.3. The Qualified Consultant shall calculate Adjusted Coverage Revenues for purposes of Section 7.1.C(ii) as provided in this Section 7.3: A. The City shall provide the Qualified Consultant with the following information: (i) The Base Period, the Coverage Revenues for the Base Period and the amounts of any withdrawals from or deposits to the Rate Stabilization Account for Fiscal Years that are included in the Base Period; (ii) Information regarding any Water System utility properties that are being acquired with Parity Bonds and that have an earnings record; (iii) Any changes in rates and charges which have been adopted by the City since the beginning of the Base Period and the dates on which they are scheduled to take effect; (iv) Any changes in customers since the beginning of the Base Period; and, (v) A description of any extensions or additions to the Water System that were in the process of construction at the beginning of the Base Period or commenced construction after the beginning of the Base Period, the expected date of completion of those extensions or additions, the estimated operating and capital costs of those extensions or additions, and any other changes to the Gross Revenues or Operating Expenses that the City reasonably expects to result from the completion and operation of those extensions or additions. Page 14 —Master Water System Revenue Bond Declaration 2917083.3 042038 RSIND 116 Exhibit A Page 17 of 29 B. Using the information provided by the City pursuant to Section 7.3.A and any additional information the Qualified Consultant determines is necessary, the Qualified Consultant shall adjust the Coverage Revenues for the Base Period to eliminate the effect of any withdrawals from or deposits to the Rate Stabilization Account in the manner described in Section 7.2 and may adjust the Coverage Revenues for the Base Period: (i) To reflect any changes that the Qualified Consultant projects will result from the acquisition of Water System utility properties that are being financed with the Parity Bonds and that have an earnings record; (ii) To reflect any changes in rates and charges which have been adopted by the City and which are scheduled to take effect during the period described in Section 7.1.C(ii)(a), or which increase rates and charges for inflation at a level which the Qualified Consultant determines is reasonable; (iii) To reflect any changes in customers of the Water System that occurred after the beginning of the Base Period and prior to the date of the Qualified Consultant's certificate; and (iv) To reflect any changes to Coverage Revenues not included in the preceding paragraphs that are projected to result from the completion and operation of additions and extensions to the Water System that were under construction at the beginning of the Base Period, or commenced construction after the beginning of the Base Period. 7.4. The City may issue Parity Bonds to refund Outstanding Bonds without complying with Section 7.1 if the refunded Bonds are legally or economically defeased on the date of delivery of the refunding Parity Bonds and if the Annual Bond Debt Service on the refunding Parity Bonds does not exceed the Annual Bond Debt Service on the refunded Bonds in any Fiscal Year by more than $5,000. 7.5. Bonds shall be treated as "legally defeased"for purposes of Section 7.4 if they are defeased as provided in Section 13. Bonds shall be treated as "economically defeased" for purposes of Section 7.4 if they have been irrevocably called for redemption within one year after the date on which the refunding Bonds are issued, and the City has irrevocably deposited money or Government Obligations with the paying agent or Owner for the refunded Bonds, as applicable, or in escrow with an independent trustee or escrow agent, and the money and any amounts to be received from the Government Obligations have been calculated to be sufficient, without reinvestment, to pay the Bonds that are economically defeased. 7.6. All Parity Bonds issued in accordance with this Section 7 shall have a lien on the Net Revenues which is equal to the lien of all other Outstanding Bonds. 7.7. A Supplemental Declaration describing a Series of Parity Bonds may provide that the Series will be paid through a paying agent, and may specify the type of authentication, Page 15 —Master Water System Revenue Bond Declaration 2917083.3 042038 RSIND 117 Exhibit A Page 18 of 29 registration, transfer, redemption and other administrative provisions that apply to that Series. Section 8. Subordinate Obligations. The City may issue Subordinate Obligations only if: 8.1. The Subordinate Obligations are payable solely from amounts permitted to be deposited in the Subordinate Obligations Account pursuant to Section 4.l.E; 8.2. The Subordinate Obligations state clearly that they are secured by a lien on or pledge of the Net Revenues which is subordinate to the lien on, and pledge of, the Net Revenues for the Bonds. Section 9. Separate Utility System. The City may declare property which the City owns and is part of the Water System (but has a value of less than five percent of the Water System at the time of the declaration), and property which the City has not yet acquired but would otherwise become part of the Water System, to be part of a Separate Utility System. The City may pay costs of acquiring, operating and maintaining Separate Utility Systems from Net Revenues, but only if there is no deficit in the Debt Service Account or the Bond Reserve Account. The City may issue obligations which are secured by the revenues produced by the Separate Utility System, and may pledge the Separate Utility System revenues to pay those obligations. In addition, the City may issue Subordinate Obligations to pay for costs of a Separate Utility System, and may pledge the revenues of the Separate Utility System to pay the Subordinate Obligations. Section 10. General Covenants. The City hereby covenants and agrees with the Owners of all Outstanding Bonds as follows: 10.1. The City shall promptly cause the principal,premium, if any, and interest on the Bonds to be paid as they become due in accordance with the provisions of this Master Declaration and any Supplemental Declaration. 10.2. The City shall maintain complete books and records relating to the operation of the Water System and all City funds and accounts in accordance with generally accepted accounting principles, shall cause such books and records to be audited annually at the end of each Fiscal Year, and shall have an audit report prepared by the Auditor and made available for the inspection of Owners. 10.3. The City shall not issue obligations which have a lien on the Net Revenues that is superior to the lien of the Bonds except for obligations to pay Operating Expenses. 10.4. The City shall promptly deposit the Gross Revenues and other amounts described in this Master Declaration into the funds and accounts specified in this Master Declaration. Page 16 —Master Water System Revenue Bond Declaration 2917083.3 042038 RSIND 118 Exhibit A Page 19 of 29 10.5. The City shall work in good faith to cause the Water System to be operated at all times in a safe, sound, efficient and economic manner in compliance with all health, safety and environmental laws, regulatory body rules, regulatory body orders and court orders applicable to the City's operation and ownership of the Water System. 10.6. The City shall maintain the Water System in good repair, working order and condition. 10.7. The City shall not enter into any new agreements or arrangements or make any new offers to provide Water System products or services at a discount from published rate schedules or provide free Water System products or services except: a) in case of emergencies, b) where the City exchanges services with other Water systems, or c)where in the reasonable judgment of the City such action does not materially reduce the Gross Revenues received by the City. 10.8. The City shall at all times maintain with responsible insurers all such insurance on the Water System as is customarily maintained with respect to works and properties of like character against accident to, loss of or damage to such works or properties. A. The net proceeds of insurance against material accident to or material destruction of the Water System shall be used to repair or rebuild the damaged or destroyed Water System, and to the extent not so applied, will be applied to the payment or redemption of the Bonds. B. The insurance described in Section 10.8 shall be in the form of policies or contracts for insurance with insurers of good standing and shall be payable to the City, or in the form of self-insurance by the City. The City shall establish such fund or funds or reserves which it deems are necessary to provide for its share of any such self-insurance. 10.9. The City shall not, nor shall it permit others to, sell, mortgage, lease or otherwise dispose of or encumber all or any portion of the Water System except: A. The City may dispose of all or substantially all of the Water System, only if the City pays all Bonds or defeases them pursuant to Section 13. B. Except as provided in Section 10.9.C, the City will not dispose of any part of the Water System in excess of 5% of the value of the Water System in service unless prior to such disposition either: (i) There has been filed with the City a certificate of a Qualified Consultant stating that such disposition will not impair the ability of the City to comply with the rate covenants contained in Sections 6.1 and 6.2 of this Master Declaration; or (ii) Provision is made for the payment, redemption or other defeasance of a principal amount of Bonds equal to the greater of the following amounts: (a) An amount which will be in the same proportion to the net principal amount of Bonds then Outstanding (defined as the total principal amount Page 17 —Master Water System Revenue Bond Declaration 2917083.3 042038 RSIND 119 Exhibit A Page 20 of 29 of Bonds then Outstanding less the amount of cash and investments in the Debt Service Account, the Bond Reserve Account, and the Subordinate Obligations Account)that the Gross Revenues attributable to the part of the Water System sold or disposed of for the 12 preceding months bears to the total Gross Revenues for such period; or (b) An amount which will be in the same proportion to the net principal amount of Bonds then Outstanding that the book value of the part of the Water System sold or disposed of bears to the book value of the Water System immediately prior to such sale or disposition. C. The City may dispose of any portion of the Water System that has become unserviceable, inadequate, obsolete, or unfit to be used or no longer necessary for use in the operation of the Water System. D. If the ownership of all or part of the Water System is transferred from the City through the operation of law, the City shall to the extent authorized by law, reconstruct or replace such transferred portion using any proceeds of the transfer unless the City reasonably determines that such reconstruction or replacement is not in the best interest of the City and the Owners, in which case any proceeds shall be used for the payment, redemption or defeasance of the Bonds. Section 11. Events of Default and Remedies. 11.1. Continuous Operation Essential. City Official hereby finds and determines that the continuous operation of the Water System and the collection, deposit and disbursement of the Net Revenues in the manner provided in this Master Declaration and in any Supplemental Declaration are essential to the payment and security of the Bonds, and the failure or refusal of the City to perform the covenants and obligations contained in this Master Declaration or any such Supplemental Declaration will endanger the necessary continuous operation of the Water System and the application of the Net Revenues to the operation of the Water System and the payment of the Bonds. 11.2. Events of Default. The following shall constitute "Events of Default" so long as they are occurring and have not been cured: A. If the City shall fail to pay any Bond principal or interest when due. B. Except as provided in Section 11.3, if the City shall default in the observance and performance of any other of its covenants, conditions and agreements in this Master Declaration and the default continues for ninety (90) days after the City receives a written notice, specifying the Event of Default and demanding the cure of such default, from a Credit Provider or from the Owners of not less than 25% in aggregate principal amount of the Bonds Outstanding. C. If the City shall sell, transfer, assign or convey any properties constituting the Water System in violation of Section 10.9. Page 18 —Master Water System Revenue Bond Declaration 2917083.3 042038 RSIND 120 Exhibit A Page 21 of 29 D. If an order,judgment or decree shall be entered by any court of competent jurisdiction: (i) Appointing a receiver, trustee or liquidator for the City or the whole or any part of the Water System; (ii) Approving a petition filed against the City seeking the bankruptcy, arrangement or reorganization of the City under any applicable law of the United States or the State; or (iii) Assuming custody or control of the City or of the whole or any part of the Water System under the provisions of any other law for the relief or aid of debtors and such order,judgment or decree shall not be vacated or set aside or stayed (or, in case custody or control is assumed by said order, such custody or control shall not be otherwise terminated)within sixty (60) days from the date of the entry of such order,judgment or decree. E. If the City shall: (i) Admit in writing its inability to pay its debts generally as they become due; (ii) File a petition in bankruptcy or seeking a composition of indebtedness under any state or federal bankruptcy or insolvency law; (iii) Consent to the appointment of a receiver of the whole or any part of the Water System; or (iv) Consent to the assumption by any court of competent jurisdiction under the provisions of any other law for the relief or aid of debtors of custody or control of the City or of the whole or any part of the Water System. 11.3. Exception. It shall not constitute an Event of Default under 11.2.13 if the default cannot practicably be remedied within ninety (90) days after the City receives notice of the default, so long as the City promptly commences reasonable action to remedy the default after the notice is received, and continues reasonable action to remedy the default until the default is remedied. 11.4. Remedies. If an Event of Default occurs, any Owner may exercise any remedy available at law or in equity including mandamus where applicable. However, the Bonds shall not be subject to acceleration. A. Books of City Open to Inspection. (i) The City covenants that if an Event of Default shall have happened and shall not have been remedied, the books of record and account of the City and all other records relating to the Water System shall at all reasonable times be subject to the inspection and use of any persons holding at least twenty percent Page 19 —Master Water System Revenue Bond Declaration 2917083.3 042038 RSIND 121 Exhibit A Page 22 of 29 (20%) of the principal amount of Outstanding Bonds and their respective agents and attorneys. (ii) The City covenants that if the Event of Default shall happen and shall not have been remedied, the City will continue to account, as a trustee of an express trust, for all Net Revenues and other amounts, securities and funds pledged under this Master Declaration. B. Appointment of Trustee. Whenever any Event of Default exists, Owners representing 51 percent or more of the Outstanding Bonds may appoint a commercial bank or other financial institution with a reported capital and surplus in excess of$50 million as trustee (the "Trustee")to represent the interests of the Owners. 11.5. Trustee Duties Upon Default. A. Upon the occurrence of an Event of Default the Trustee may pursue any other available remedy at law or in equity to enforce the payment of the principal of,premium, if any, and interest on the outstanding Bonds, and to enforce any rights of the Trustee under or with respect to the Master Declaration. B. In addition, upon the occurrence of an Event of Default, and upon the filing of a suit or other commencement of judicial proceedings to enforce the rights of the Trustee and of the Owners under the Master Declaration, the Trustee will be entitled, as a matter of right to the fullest extent permitted by Oregon law, to the appointment of a receiver or receivers of the Net Revenues and other amounts pledged under the Master Declaration, pending such proceedings, with such powers as the court making such appointment may confer. C. If an Event of Default has occurred and is continuing and if requested so to do by the Owners of at least 25% in aggregate principal amount of Outstanding Bonds and indemnified as provided in the Master Declaration, the Trustee will be obligated to exercise any of the rights and powers conferred by this Master Declaration, as the Trustee, being advised by counsel, deems most expedient in the interest of the Owners. D. If a Trustee has been appointed pursuant to 11.4.13, no Owner of any Bond shall have the right to institute any suit, action or proceeding at law or in equity, for any remedy under the Master Declaration, unless: (i) such Owner has previously given to the Trustee written notice of the occurrence of an Event of Default; (ii) the Owners of a majority in aggregate principal amount of all the Bonds then Outstanding have requested the Trustee in writing to exercise its powers under the Master Declaration; Page 20 —Master Water System Revenue Bond Declaration 2917083.3 042038 RSIND 122 Exhibit A Page 23 of 29 (iii) said Owners have tendered to the Trustee indemnity reasonably acceptable to the Trustee against the costs, expenses and liabilities to be incurred in compliance with such request; and (iv) the Trustee has refused or failed to comply with such request for a period of 60 days after such written request has been received by the Trustee and said tender of indemnity is made to the Trustee. E. If the Trustee takes any judicial or other action in an Event of Default the Trustee has full power in its direction with respect to any continuance, discontinuance, withdrawal, compromise, settlement or other disposition of such action, unless opposed by the written request of the Owners of a majority in aggregate principal amount of the Outstanding Bonds. The Trustee is appointed attorney-in-fact of the Owners for the purpose of bringing any suit action or proceedings in an Event of Default. F. Waivers of Event of Default. (i) No delay or omission of any Owner or of the Trustee to exercise any right or power arising upon the happening of an Event of Default shall impair any right or power or shall be construed to be a waiver of any such Event of Default or to be an acquiescence therein; and every power and remedy given by this Section 11 to the Owners and to the Trustee may be exercised from time to time and as often as may be deemed expedient by the Owners and/or the Trustee as applicable. (ii) The owners of not less than fifty percent(50%) in principal amount of the affected Bonds that are at the time Outstanding, or their attorneys-in-fact duly authorized, or the Trustee may, on behalf of the Owners of all of affected Bonds, waive any past default under this Master Declaration with respect to such Bonds and its consequences, except a default in the payment of the principal of,premium, if any, or interest on any of the Bonds. No such waiver shall extend to any subsequent or other default or impair any right consequent thereon. (iii) If a default occurs under Section 6 and that default has not become an Event of Default, that default shall be deemed waived at the end of the first Fiscal Year following that default in which the City has complied with Section 6. 11.6. Remedies Granted in Master Declaration Not Exclusive. No remedy by the terms of this Master Declaration conferred upon or reserved to the Owners is intended to be exclusive of any other remedy, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Master Declaration or existing at law or in equity or by statute on or after the date of adoption of this Master Declaration. Page 21 —Master Water System Revenue Bond Declaration 2917083.3 042038 RSIND 123 Exhibit A Page 24 of 29 Section 12. Amendment of Master Declaration. 12.1. This Master Declaration may be amended by Supplemental Declaration without the consent of any Owners for any one or more of the following purposes: A. To cure any ambiguity or formal defect or omission in this Master Declaration; B. To add to the covenants and agreements of the City in this Master Declaration, other covenants and agreements to be observed by the City which are not contrary to or inconsistent with this Master Declaration as theretofore in effect; C. To authorize issuance of Bonds or Subordinate Obligations as permitted by this Master Declaration; D. To modify, amend or supplement this Master Declaration or any Supplemental Declaration to qualify this Master Declaration under the Trust Indenture Act of 1939, as amended, or any similar federal statute hereafter in effect or to permit the qualification of any Bonds for sale under the securities laws of any of the states of the United States of America; E. To confirm, as further assurance, any security interest or pledge created under this Master Declaration or any Supplemental Declaration; F. To make any change which, in the reasonable judgment of the City, does not materially and adversely affect the rights of the owners of any Outstanding Bonds; G. So long as a Credit Facility (other than a Reserve Credit Facility) is in full force and effect with respect to the Bonds affected by such Supplemental Declaration, to make any other change which is consented to in writing by the issuer of such Credit Facility other than any change which: (i) Would result in a downgrading or withdrawal of the rating then assigned to the affected Bonds by the Rating Agencies; (ii) Changes the maturity (except as permitted herein), the Interest Payment Dates, interest rates, redemption and purchase provisions, and provisions regarding notices of redemption and purchase applicable to the affected Bonds or diminishes the security afforded by such Credit Facility; (iii) Materially and adversely affects the rights and security afforded to the Owners of any Outstanding Bonds not secured by such Credit Facility; or H. To modify any of the provisions of this Master Declaration or any Supplemental Declaration in any other respect whatever, as long as the modification shall take effect only after all affected Outstanding Bonds cease to be Outstanding. Page 22—Master Water System Revenue Bond Declaration 2917083.3 042038 RSIND 124 Exhibit A Page 25 of 29 12.2. This Master Declaration may be amended for any other purpose only upon consent of Owners of not less than fifty-one percent(51%) in aggregate principal amount of the Bonds Outstanding; provided, however, that no amendment shall be valid without the consent of Owners of 100 percent(100%) of the aggregate principal amount of the Bonds Outstanding which: A. Extends the maturity of any Bond, reduces the rate of interest upon any Bond, extends the time of payment of interest on any Bond, reduces the amount of principal payable on any Bond, or reduces any premium payable on any Bond, without the consent of the affected Owner; or B. Reduces the percent of Owners required to approve Supplemental Declarations. 12.3. For purposes of Section 12.2, and subject to Section 12.4, the initial purchaser of a series of Bonds may be treated as the Owner of that Series at the time that series of Bonds is delivered in exchange for payment. 12.4. Except as otherwise expressly provided in Section 12.5, Section 12.6 or a Supplemental Declaration, as long as a Credit Facility securing all or a portion of any Outstanding Bonds is in effect, the issuer of such Credit Facility shall be deemed to be the Owner of the Bonds secured by such Credit Facility for the purpose of the execution and delivery of a Supplemental Declaration of any amendment, change or modification of this Master Declaration or the initiation by Owners of any action which under this Master Declaration requires the written approval or consent of or can be initiated by the Owners of at least a majority in principal amount of the affected Bonds at the time Outstanding, or following an Event of Default for all other purposes. 12.5. The issuer of a Credit Facility shall not be deemed to be an Owner for purposes of any amendment, change or modification of this Master Declaration which: A. Would result in a downgrading or withdrawal of the rating then assigned to the affected Bonds by the Rating Agencies; or B. Changes the maturity (except as expressly permitted herein), the Interest Payment Dates, interest rates, redemption and purchase provisions, and provisions regarding notices of redemption and purchase applicable to the affected Bonds or diminishes the security afforded by such Credit Facility; or C. Reduces the percentage or otherwise affects the classes of affected Bonds, the consent of the Owners of which is required to effect any such modification or amendment. 12.6. No issuer of a Credit Facility shall be entitled to act as an Owner during any period in which: A. The issuer's Credit Facility is not be in full force and effect; Page 23 —Master Water System Revenue Bond Declaration 2917083.3 042038 RSIND 125 Exhibit A Page 26 of 29 B. The issuer of a Credit Facility shall have filed a petition or otherwise sought relief under any federal or state bankruptcy or similar law; C. The issuer of the Credit Facility shall, for any reason, have failed or refused to honor a proper demand for payment under such Credit Facility; or D. An order or decree shall have been entered, with the consent or acquiescence of the issuer of a Credit Facility, appointing a receiver or receivers or the assets of the issuer of a Credit Facility, or if such order or decree having been entered without the consent or acquiescence of the issuer of a Credit Facility, shall not have been vacated or discharged or stayed within ninety (90) days after the entry thereof. 12.7. For purposes of determining the percentage of Owners consenting to, waiving or otherwise acting with respect to any matter that may arise under this Master Declaration, the Owners of Bonds which pay interest only at maturity, and mature more than one year after they are issued shall be treated as Owners of Bonds in an aggregate principal amount equal to the accreted value of such Bonds as of the date the notice is sent requesting consent, waiver or other action as provided herein. Section 13. Defeasance. 13.1. The City shall be obligated to pay Bonds which are defeased pursuant to this Section solely from the money and Government Obligations deposited with the escrow agent or trustee, and the City shall have no further obligation to pay the defeased Bonds from any source except the amounts deposited in the escrow. Bonds shall be deemed defeased if the City: A. irrevocably deposits money or noncallable Government Obligations in escrow with an independent trustee or escrow agent which are calculated to be sufficient without reinvestment for the payment of Bonds which are to be defeased; B. files with the escrow agent or trustee an opinion from an independent, certified public accountant to the effect that the money and the principal and interest to be received from the Government Obligations are calculated to be sufficient, without further reinvestment, to pay the defeased Bonds when due; and C. files with the escrow agent or trustee an opinion of nationally recognized bond counsel that the proposed defeasance will not cause interest on the defeased Bonds to be includable in gross income under the Code. Section 14. The Series 2018 Bond. 14.1. Pursuant to the authority of the Resolution and this Master Declaration, the City has issued its Water Revenue Refunding Bond, Series 2018, in the principal amount of [$ ]. The Series 2018 Bond shall be a Bond as defined in this Master Declaration. The Series 2018 Bond shall bear interest payable on [ and ] Page 24 —Master Water System Revenue Bond Declaration 2917083.3 042038 RSIND 126 Exhibit A Page 27 of 29 of each year at the following rates, commencing [ , 2018], and shall mature on [ , 20 ] and shall be subject to payment in installments as follows: [to be inserted] 14.2. The Series 2018 Bond is sold to [Bank] pursuant to a bond purchase agreement dated [ , 2018]. 14.3. [The Series 2018 Bond is subject to prepayment at the option of the City at any time after , 20 , as a whole or in part, at a price of par,plus accrued interest, if any, to the date of prepayment.] 14.4. The Series 2018 Bond shall be a special obligation of the City, and shall be payable solely from the Net Revenues and amounts required to be deposited in the Debt Service Account as required and as provided by this Master Declaration. The Series 2018 Bond is not a general obligation of the City and is payable solely from the amounts described in the previous sentence. 14.5. The Series 2018 Bond shall be in the form agreed to by the City Official and shall be signed with the manual signature of the City Official. 14.6. The Series 2018 Bond proceeds shall be applied to refund the following outstanding revenue borrowings of the City: [Outstanding Principal Name of Series Issue Date Amount] Redemption Date OECDD Loan Agreement No. Y02007 April 1, 2002 $4,000,000 [ ] OECDD Loan Agreement No. S02010 May 31, 2002 4,000,000 [ ] OECDD Loan Agreement No. G02003 December 23, 2003 8,400,000 [ ] EXECUTED ON BEHALF OF THE CITY OF WOODBURN BY ITS CITY OFFICIAL AS OF THE DAY OF , 2018. City of Woodburn, Oregon By: City Official Page 25 —Master Water System Revenue Bond Declaration 2917083.3 042038 RSIND 127 Exhibit A Page 28 of 29 Appendix A Form of Bond No.R-1 $ United States of America State of Oregon County of Marion City of Woodburn Water Revenue Refunding Bond Series 2018 The City of Woodburn,Oregon(the"City"),for value received,acknowledges itself indebted and hereby promises to pay,but solely from the sources described below,to [Name of Bank],as purchaser(the "Purchaser"),the aggregate principal amount of$ in the following installments,together with interest on those installments at[_._%]per annum,calculated on a 30/360-day basis[],as follows: [to follow] This Series 2018 Bond is issued pursuant to City Resolution No. [ ]/Council Bill No. [ ] adopted ,2018,and the Master Water System Revenue Bond Declaration(the"Declaration'')for this Series 2018 Bond dated as of the date of issuance of this Series 2018 Bond. This Series 2018 Bond is sold to the Purchaser pursuant to a Bond Purchase Agreement(the"Agreement")dated 2018. Capitalized terms used but not defined in this Series 2018 Bond have the meanings defined for such terms in the Agreement or the Declaration. The provisions of the Agreement are incorporated into this Series 2018 Bond by this reference. This Series 2018 Bond is authorized pursuant to the Resolution and is issued by the City for the purpose of refinancing the City's Refunded Obligations described in the Declaration, in full and strict accordance and compliance with all of the provisions of the Constitution and statutes of the State of Oregon. This Series 2018 Bond is a special obligation of the City,payable solely from the Net Revenues and amounts required to be deposited in the Debt Service Account as described in the Declaration. The City may issue Parity Bonds under the terms and conditions of Section 7 of the Declaration. The City may issue Subordinate Obligations which have a lien on the Net Revenues which is subordinate to the lien of the Parity Bonds under the terms and conditions of Section 8 of the Declaration. THIS SERIES 2018 BOND IS NOT A GENERAL OBLIGATION OF THE CITY AND IS PAYABLE SOLELY FROM THE SOURCES TO PAY BONDS AS PROVIDED IN THE DECLARATION. [Insert prepayment provisions pursuant to Declaration Section 14.3.] The transfer of this Series 2018 Bond is limited, and this Series 2018 Bond may be transferred only as provided in the Agreement. IT IS HEREBY CERTIFIED,RECITED,AND DECLARED that all conditions,acts,and things required to exist,to happen,and to be performed precedent to and in the issuance of this Series 2018 Bond have existed,have happened,and have been performed in due time,form,and manner as required by the Constitution and statutes of the State of Oregon and the Charter of the City; and that this Series 2018 Bond,and all other obligations of the City,are within every debt limitation and other limit prescribed by such Constitution and statutes. IN WITNESS WHEREOF,the City has caused this Series 2018 Bond to be signed by the manual signature of an authorized City Official under the Resolution,all as of the day of ,2018. City of Woodburn,Oregon [City Administrator or the City Finance Director] Page 1 - Appendix A 2917083.3 042038 RSIND 128 Exhibit A Page 29 of 29 Page 2 - Appendix A 2917083.3 042038 RSIND 129 Iii♦ 4 B V' September 10, 2018 TO: Mayor and City Council through City Administrator FROM: James C. Ferraris, Chief of Police N. Robert Shields, City Attorney SUBJECT: Agreement for Police Policy Manual Revision RECOMMENDATION: Authorize the City Administrator to enter into a Personal Services Agreement with The Thomas and Means Law Firm, L.L.P. to draft a revision of the Woodburn Police Department Policy Manual. BACKGROUND: The current Woodburn Police Department Policy Manual is approximately 500 pages and was drafted by Lexipol, LLC. Although each chapter was approved by the Chief, the manual is based on standardized law enforcement policies created by Lexipol. Lexipol is a national company that provides manuals to over 3,000 public safety agencies in thirty-five states across the country. Many of these agencies are smaller jurisdictions without the resources to draft and update policies on their own. The City of Woodburn's business relationship with Lexipol began in 2004 when City County Insurance Services, the City's insurer, provided grant funding for policy development. The City Council accepted this grant funding and the Woodburn Police Department eventually became a Lexipol subscriber. Currently, the Department pays nearly $4,000 annually to Lexipol for policy related services. This includes a number of recommended updates to police policies. DISCUSSION: While Lexipol clearly offers a needed service to smaller law enforcement agencies that are incapable of drafting and updating their own policies, many Oregon law enforcement agencies have and maintain "in-house" policy and procedure manuals. Such agencies include the Portland Police Bureau, Salem Police Department, Keizer Police Department and the Marion County Sheriff's Agenda Item Review: City Administrator_x City Attorney_x_ Finance_x- 130 Mayor and City Council September 10, 2018 Page 2 Office. Moving away from Lexipol's "cookie-cutter" policy and procedure manual to a stand-alone manual that the Police Department handles internally provides the Police Department "local control" over policy and procedure that is reflective of our community, City and Police Department values, mission, and goals and objectives, instead of Lexipol dictating policy content. Using the Thomas and Means law firm, and specifically, Attorney Randy Means for this project, is an efficient use of public resources that will move the project forward in a timely and complete manner. Mr. Means is a nationally recognized police management and policy expert. Mr. Means and his firm managed the litigation in the acclaimed Graham v. Connor U.S. Supreme Court case, which has been the guiding law on police use of force since that decision was handed down in 1989. On more of a personal note, both the City Attorney and Police Chief have worked with Mr. Means and know him to be a gentleman and consummate professional. While the City Attorney and the Police Chief believe that they have the technical ability to take on this project, it would likely take several years for us to convert our Lexipol policies to a stand-alone manual, which is an inefficient and ineffective use of time and resources. We believe that it is more reasonable for the City to contract with Mr. Means to accomplish this body of work from both a quality and timeliness standpoint and are making this recommendation to the City Council. While the role of the Police Chief is to develop, approve and enforce Police Department policy and procedure, it is important for the City Council to be kept abreast of updates to key policies on issues of major impact to our community. To accomplish that, the Police Chief and the City Attorney plan to provide periodic updates to the Council on important Police Department policy revisions as the project progresses. FINANCIAL IMPACT: The recommended Personal Services Agreement will cost $16,000 in FY 2018-19 and $8,000 in FY 2019-20. Funds to pay the cost of this contract are available within the FY 18-19 budget authorized for the Police Department. 131 Gti"-y of WOO,76 CITY OF WOODBURN AUG 27 2018 LAW ENFORCEMENT POLICY MANUAL REVISION C ttome , PERSONAL SERVICES AGREEMENT oc THIS AGREEMENT is entered into between the City of Woodburn, an Oregon municipal corporation (the "City"), and The Thomas & Means Law Firm, L.L.P., a limited liability partnership ("Contractor"). RECITALS WHEREAS, in June 2018, the City retained Contractor's Partner, Randy Means, to conduct a legal review and comprehensive evaluation of the City's Police Department Policy Manual; and WHEREAS, Randy Means is a nationally recognized expert in police law who has advised numerous law enforcement agencies regarding department policy and best practices; and WHEREAS, since Randy Means has already conducted a legal review and comprehensive evaluation of the Policy Manual, the City finds that Contractor is the only source for a Policy Manual revision consistent with this prior Policy Manual assessment; and WHEREAS, the City further finds that Randy Means possesses a specialized legal expertise that makes Contractor's services unique in providing Policy Manual revision, and WHEREAS, the City believes that it is in the best interest of the Woodburn Police Department, its employees, and Woodburn community members to have the best Policy Manual possible; NOW, THEREFORE, based upon the foregoing recitals, and the mutual covenants hereinafter set forth, the parties agree as follows: AGREEMENT 1. Effective Date and Duration. This Agreement becomes effective upon the last date of signature below. Unless earlier terminated or extended, this Agreement shall PERSONAL SERVICES AGREEMENT - Page 1 of 11 The Thomas & Means Law Firm, L.L.P. 132 expire upon the completion of Work designated under Section 2 and described in Exhibit A, and no later than July 30, 2019. 2. Statement of Work. The scope of work to be performed by Contractor under this Agreement (the "Work") is described in Exhibit A, attached and incorporated by reference into this Agreement. Contractor agrees to perform the Work in accordance with the terms and conditions of this Agreement. 3. Consideration & Payment. The City agrees to pay Contractor a sum not to exceed Twenty-Four Thousand dollars ($24,000) for the Work performed under this Agreement. Compensation and Payment shall be made as follows: A. Eight Thousand 0/100 dollars ($8000.00) upon execution of this Agreement; B. Eight Thousand 0/100 dollars ($8000.00) upon Contractor's completion of an Internal Discussion Draft of the Revised Policy Manual; and C. Eight Thousand 0/100 dollars ($8000.00) following completion and delivery of the Revised Policy Manual. 4. Review and Revision. After completion of the Policy Manual Revision under this Agreement, Contractor agrees to be available to review and propose revisions to the Revised Policy Manual, on at least a quarterly basis, based upon legal rulings and/or evolving best practices. This Review and Revision service shall be provided by Contactor, upon request of the City, for additional consideration not to exceed Five Thousand 0/100 dollars ($5000.00) per year. 5. Independent Contractor; Responsibility for Taxes and Withholding. 5.1. Contractor shall perform all required Work as an independent contractor, although the City reserves the right: (i) to determine the delivery schedule for the Work to be performed and (ii) to evaluate the quality of the completed performance. The City cannot and will not control the means or manner of Contractor's performance. Contractor is responsible for determining the appropriate means and manner of performing the Work. Contractor shall also provide, at its sole expense, all equipment and materials necessary to perform the Work described in this Agreement. 5.2. If Contractor is currently performing work for the State of Oregon or the federal government, Contractor by signature to this Agreement declares and certifies that: Contractor's Work to be performed under this Agreement creates no potential or PERSONAL SERVICES AGREEMENT - Page 2 of 11 The Thomas & Means Law Firm, L.L.P. 133 actual conflict of interest as defined by ORS 244 and no rules or regulations of Contractor's employing agency (state or federal) would prohibit Contractor's Work under this Agreement. Contractor is not an "officer", "employee", or "agent" of the City, as those terms are used in ORS 30.265. 5.3. Contractor shall be responsible for all federal or state taxes applicable to compensation or payments paid to Contractor under this Agreement and, unless Contractor is subject to backup withholding, the City will not withhold from such compensation or payments any amount(s) to cover Contractor's federal or state tax obligations. Contractor is not eligible for any social security, unemployment insurance or workers' compensation benefits from compensation or payments paid to Contractor under this Agreement, except as a self-employed individual. 6. Subcontracts and Assignment; Successors and Assigns. 6.1. The City has selected Contractor based on reputation and specialized expertise. Contractor shall not enter into any subcontracts for any of the Work required by this Agreement or assign any of its interest in this Agreement without the City's prior written consent. 6.2. The provisions of this Agreement shall be binding upon and shall inure to the benefit of the parties hereto and any permitted assigns. 7. No Third Party Beneficiaries. The City and Contractor are the only parties to this Agreement and are the only parties entitled to enforce its terms. Nothing in this Agreement gives, is intended to give, or shall be construed to give or provide any benefit or right, whether directly, indirectly or otherwise, to third persons unless such third persons are individually identified by name herein and expressly described as intended beneficiaries of the terms of this Agreement. 8. Contractor's Representations and Warranties. Contractor represents and warrants to the City that: (1) it has the power and authority to enter into and perform this Agreement; (2) it is in compliance with any applicable legal requirements for doing business in the State of Oregon; (3) that this Agreement, when executed and delivered, shall be a valid and binding obligation of Contractor enforceable in accordance with its terms; (4) that the Work under this Agreement shall be performed in a good and workmanlike manner and in accordance with professional standards; and (5) that Contractor shall, at all times during the term of this Agreement, be qualified, and professionally competent to perform the Work. PERSONAL SERVICES AGREEMENT - Page 3 of it The Thomas & Means Law Firm, L.L.P. 134 9. Ownership of Work Product. All work product of Contractor that results from this Agreement is the exclusive property of the City. 10. Indemnity. Contractor shall defend, save, hold harmless, and indemnify the City and its officers, employees and agents from and against all claims, suits, actions, losses, damages, liabilities, costs and expenses of any nature arising directly out of intentionally wrong, reckless, or negligent acts, errors, or omissions related to activities under this Agreement. 11. Insurance. Contractor shall provide and maintain the following insurance: A. Comprehensive general and automobile liability insurance for protection of Contractor and City and for their directors, officers, agents, and employees, insuring against liability for damages because of personal injury, bodily injury, death, and broad- form property damage, including loss of use, and occurring as a result of, or in any way related to, Contractor's operation, each in an amount not less than $500,000 combined, single-limit, per occurrence/annual aggregate. B. Workers Compensation coverage, as applicable, in compliance with Oregon state law requirements. 12. Termination for Convenience. Either party may terminate this Agreement for convenience upon a 10-day written notice to the other party. Upon termination for convenience, Contactor shall invoice the City for services completed. 13. Compliance with Applicable Law. Contractor shall comply with all federal, state, and local laws, codes, regulations and ordinances applicable to the Work to be done under this Contract. Contractor shall comply with the Americans with Disabilities Act of 1990 (Public Law No. 101-336), Title VI of the Civil Rights Act of 1964, Section V of the Rehabilitation Act of 1973, ORS 659-425, and all regulations and administrative rules established pursuant to the laws. Failure to comply with such requirements shall constitute a Breach of Contract and shall be cause for Contract termination. Damages or costs resulting from non-compliance shall be the sole responsibility of Contractor. In the performance of this Agreement, the Contractor shall also use, to the maximum extent economically feasible, recycled paper, recycled PETE products (As defined in ORS 279A.010 ft and other recycled products (as defined in ORS 279A.010 (gg)). 14. Force Majeure. Neither the City, nor Contractor shall be held responsible for delay or default caused by fire, riot, acts of God, or war where such cause was beyond PERSONAL SERVICES AGREEMENT - Page 4 of it The Thomas & Means Law Firm, L.L.P. 135 the reasonable control of the City or Contractor, respectively. Contractor shall, however, make all reasonable efforts to remove or eliminate such a cause of delay or default and shall, upon the cessation of the cause, diligently pursue performance of its obligations under this Agreement. 15. Notice. Except as otherwise expressly provided in this Agreement, any communications between the parties hereto or notices to be given hereunder will be given in writing by personal delivery, email, or mailing the same, postage prepaid, to Contractor or the City at the address or number set forth on the signature page of this Agreement. Any communication or notice so addressed and mailed will be deemed to be given five (5) days after mailing. 16. Severability. The parties agree that if any term or provision of this Agreement 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 Agreement did not contain the particular term or provision held to be invalid. 17. Counterparts. This Agreement may be executed in several counterparts, all of which when taken together constitute one agreement binding on all parties, notwithstanding that all parties are not signatories to the same counterpart. Each copy of the Contract so executed shall constitute an original. 18. Disclosure of Federal Tax ID Number. Contractor must provide Contractor's federal tax ID number. This number is requested pursuant to ORS 305.385, OAR 125-20- 410(3) and OAR 150-305.100. Federal tax ID numbers provided pursuant to this authority will be used for the administration of state, federal and local tax laws. 19. Governing Law; Venue; Consent to Jurisdiction. This Agreement shall be governed by and construed in accordance with the laws of the State of Oregon without regard to principles of conflicts of law. Any claim, action, suit or proceeding (collectively, "Claim") between the City and Contractor that arises from or relates to this Agreement shall be brought and conducted solely and exclusively within the Circuit Court of Marion County for the State of Oregon. Contractor hereby agrees to the in personam jurisdiction of such court and waives any claims of an inconvenient forum. 20. Confidentiality. Contractor, may, in the course of its duties have in its possession sensitive information relating to internal policy and procedure of the City. All such information is confidential and unless permitted by the City in writing, Contractor shall not disclose such information, directly or indirectly, to any party, its counsel or any PERSONAL SERVICES AGREEMENT - Page 5 of it The Thomas & Means Law Firm, L.L.P. 136 representatives, or use it in any way, except as required to perform their duties as requested by the City. 21. Merger Clause; Waiver. This Agreement, and the attached Exhibit A, constitute the entire agreement between the parties on the subject matter hereof. There are no understandings, agreements, or representations, oral or written, not specified herein regarding this Agreement. No waiver, consent, modification or change of terms of this Agreement shall bind either party unless in writing and signed by both parties. Such waiver, consent, modification or change, if made, shall be effective only in the specific instance and for the specific purpose given. The failure of the City to enforce any provision of this Agreement shall not constitute a waiver by the City of that or any other provision. CONTRACTOR DATA, CERTIFICATION AND SIGNATURE (Please print or type) Name (tax_.. ....... .... .. .... w�.�._ Address: .........�__ �. ....d filing) . The Thomas & Means Law Firm, L.L.P. P.O. Box 2039 Huntersville, NC 28070 Email:........... aaaa .....................�.�.�.................................��..................rw Phone #:.............................................. . � -10 SeD ADL _ <- Facsimile #: Social Security #: or State Tax ID#: Federal Tax ID #: 2oo 2-9 l6 Citizenship, if applicable: Non-resident alien [ ] Yes [ ] No — � Business BD .gesi nation (check one) [ ] Corporation [ ] Sole Proprietorship [ ] Limited Partnership Limited Liability Partnership [m.]...Partnership [ l Limited Liability Com an Above payment information must be provided prior to Contract approval. This information will be provided to the Internal Revenue Service (IRS) under the name and .............. �... tiinq IRS records could subject ............ tax ayer ID number submitted. Information ation not matchmmmmmmmm PERSONAL SERVICES AGREEMENT - Page 6 of 11 The Thomas & Means Law Firm, L.L.P. 137 Contractor to 31w�___�_ �............. .....� .... ........, percent backup withholding. Certification and Execution: Contractor, by execution of this contract, hereby acknowledges that contractor has read this contract, understands it, and agrees to be bound by its terms and conditions. The Contractor certifies that: (a) the number shown on this form is Contractor's correct taxpayer ID and (b) Contractor is not subject to backup withholding because (i) Contractor is exempt from backup withholding or (ii) Contractor has not been notified by the IRS that Contractor is subject to backup withholding as a result of failure to report all interest or dividends, or (iii) the IRS has notified Contractor that Contractor is no longer subject to backup withholding; (c) s/he is authorized to act on behalf of Contractor, s/he has authority and knowledge regarding Contractor's payment of taxes, and to the best of her/his knowledge, Contractor is not in violation of any Oregon tax laws; (d) Contractor is an independent contractor as defined in ORS 670.600; and (e) the above Contractor data is true and accurate. Signed by the Contractor: The Thomas & Means Law Firm, L.L.P. &XA Rand eans Date Partner Accepted and Signed by the City: City of Woodburn PERSONAL SERVICES AGREEMENT - Page 7 of 11 The Thomas & Means Law Firm, L.L.P. 138 Scott Derickson Date City Administrator City of Woodburn 270 Montgomery Street Woodburn, OR 97071 Email: Scott.Derickson@ci.woodburn.or.us PERSONAL SERVICES AGREEMENT - Page 8 of 11 The Thomas & Means Law Firm, L.L.P. 139 EXHIBIT A STATEMENT OF WORK 1. Contractor's Partner, Randy Means, shall personally draft a revision of the City's Police Department Policy Manual. This revision will be guided by the comprehensive evaluation of the current policies and directives completed by Randy Means in July 2018 and is subject to the final approval by the Police Chief. 2. Subject to reasonable adjustment by the parties, the timeline for completion of Policy Manual Revision Project shall be as follows: A. Completion of Internal Discussion Draft of the Revised Policy Manual by January 2019. B. Completion of the Revised Policy Manual by July 31, 2019. MANNER OF COMPLETING WORK 1. Randy Means is an attorney and will coordinate the completion of the Work under this Agreement through the Woodburn City Attorney's Office that acts as general legal counsel for the City. An "Internal Discussion Draft" of a revised policy or policies shall be considered confidential and privileged and all discussions of the Internal Discussion Draft shall occur with legal counsel present. The Internal Discussion Draft will then become a "Draft Policy," after approval by the Police Chief and can be circulated as needed. Collective bargaining, through the City Attorney's Office, shall occur, if legally required. 2. Both parties understand that, because of the scope of the Policy Revision Project and the involved logistics, the Work will be adopted in segments, similar to the process used by the City in revising its HR Rules. At the beginning of the Policy Manual Revision Project, the LEXIPOL policy manual will be in force and the Revised Policy Manual will not exist. As each Draft Policy is finalized and adopted, appropriate portions of the LEXIPOL policy manual will be repealed and replaced by part of the Revised Policy Manual, which shall be in effect. During this middle period, where the Project is in process, portions of both the LEXIPOL policy manual and the Revised Policy Manual shall be in effect. Finally, at the end of the Policy Manual Revision Project, the entire LEXIPOL policy manual shall be repealed and replaced by the complete Revised Policy Manual, which shall be in effect. PERSONAL SERVICES AGREEMENT - Page 9 of 11 The Thomas & Means Law Firm, L.L.P.. 140 CONSIDERATION 1. Contractor's professional services will be billed at a flat fee of Twenty-Four Thousand 0/100 dollars ($24,000.00). 2. Travel & Other Expenses. None 3. Payment shall be made to Contractor as follows: • Eight Thousand 0/100 dollars ($8000.00) upon execution of this Agreement; • Eight Thousand 0/100 dollars ($8000.00) upon Contractor's completion of an Internal Discussion Draft of the Revised Policy Manual; and • Eight Thousand 0/100 dollars ($8000.00) following completion and delivery of the Revised Policy Manual. REVIEW AND REVISION 1. After completion of the Policy Manual Revision, Contractor agrees to be available to review and propose revisions to the Revised Policy Manual, on at least a quarterly basis, based upon legal rulings and/or evolving best practices. 2. The Review and Revision service shall be provided by Contactor, upon request of the City, for additional consideration not to exceed Five Thousand 0/100 dollars ($5000.00) per year. 3. The Review and Revision service, if requested by the City, shall be memorialized in a separate agreement. TRAINING EVENT 4. During the Term of this Agreement, Randy Means will personally conduct a police training event for the benefit of City employees and others attending the training. This training will be an all-day event, to occur on a date yet to be determined. It is agreed that the City will provide logistical and planning support for the training and obtain an adequate facility for the event. Both parties agree that City of Woodburn employees, as authorized by the Police Chief, will have the opportunity to attend the training event PERSONAL SERVICES AGREEMENT - Page 10 of 11 The Thomas & Means Law Firm, L.L.P. 141 free-of-charge. External attendees are subject to an attendance fee set by, payable to, and collected by the Contractor. The coordination and scheduling of this training event remains tentative and the failure of the parties to mutually agree on coordinating aspects of this training event will not result in a default by either party under the terms and conditions of this Agreement. INVOICE FOR COMPLETED WORK Following the City's review and acceptance of all Work delivered by Randy Means, Contractor shall submit a final Invoice for the completed Work to the Woodburn City Attorney's Office at the following email address: 0 Bob.Shields@ci.woodburn.or.us. 4. Contractor shall not submit billings for, and the City will not pay, any amount in excess of the compensation amount set forth above. If this maximum compensation amount is increased by amendment of this Agreement, the amendment must be fully effective before Contractor performs work subject to the amendment. No payment will be made for any services performed before the beginning date or after the expiration date of this Agreement. PERSONAL SERVICES AGREEMENT - Page it of 11 The Thomas & Means Law Firm, L.L.P. 142 rtYr�Jlilly)w;.., ii 111"I"he 111"I"homas & Means Law Firm r (lied to IIIIWIItenefit 11111 ,aw IIIIYtlllllll nforcement Law Enforcement Seminars, Publications & Professional Services . a . . mm Randy Means, a partner in the Charlotte-based Thomas &Means Law Firm, specializes entirely in police operations and administration and assists a broad national clientele. For nearly twenty years,he was the primary legal and risk management instructor for the International Association of Chiefs of Police (IACP), and he has received its "Distinguished Faculty Award." He now serves as Director of Curriculum Development and Quality Assurance for The Response Network,the endorsed distance learning partner of the Commission on Accreditation of Law Enforcement Agencies (CALEA). He has instructed for virtually every major institutional provider of law enforcement training and has trained nearly a half-million police officials. His book,The Law of Policing, is published by the Labor Relations Information System, a prominent police union think tank. His work has been mentioned in the"Wall Street Journal" and discussed on"6o Minutes". He has appeared on both the Law Enforcement Television Network and the FBI Training Network. He has authored more than one hundred published articles on law enforcement matters and writes the legal column for Law&Order magazine. He has trained police officials in every state and in Canada and is unquestionably one of America's best known and most respected law enforcement advisor/trainers. A graduate of the University of North Carolina School of Law,he served as head of legal training for North Carolina's state law enforcement training center and coordinator of legal training for the North Carolina State Bureau of Investigation, then for nearly ten years as Police Attorney for the City of Charlotte. From 2007 to 2009,he was head of the national association of police legal advisors (IACP-LOS). He has conducted specialized, in-house liability prevention and risk management training for the Los Angeles County Sheriff s Department, the San Diego County Sheriff s Department, the Maricopa County Sheriffs Department the Phoenix Police Department, the Honolulu Police Department, the Las Vegas Metropolitan Police Department, the Houston Police Department, the Tucson Police Department, the Detroit Police Department, both Kansas City Police Departments, the Oregon State Police, the Alaska State Troopers,Arizona POST, California POST, Nevada POST, the Colorado State Police, the New Jersey State Police, the Kansas Highway Patrol, the North Carolina Highway Patrol, the St. Louis County Police Department, 143 the Fairfax County(VA) Police Department, the Florida Marine Patrol, the United States Park Police, and the Drug Enforcement Administration (DEA), among hundreds o{others. He has been a speaker at national annual conferences of the FBI National Academy Alumni Association (FBINAA), National League of Cities, Southern Police Institute (SPI)Alumni Association, International Association of Chiefs of Police (IACP), International Law Enforcement Educators and Trainers Association (ILEETA), Public Risk and Insurance Management Association(PRIMA), State Risk Manager's Association (STRIMA), Public Agency Risk Manager's Association ( , Nationa]Assoriationo{State9ersonnel Executives (NASPE), National Association of Government Training and Development Directors (NAGTADD) International Association of State Directors of Law Enforcement Standards and Training (IASDLEST), International Personnel Management Association (IPMA), National Association of Field Training Officers (NAFTO), National Intelligence Academy(NIA), International Association of Law Enforcement Planners (IALEP),American Society for Law Enforcement Training(ASLET), Labor Relations Information System, International Association of Arson Investigators, North American Wildlife Enforcement Officers Association, National Information Officers Association (NIOA), National Conference of State and Provincial Police Planning Officers, Mid-Atlantic Law Enforcement Executive Development (LEED) Conference, the California Association of Police Training Officers (CAPTO), and COPSWEST (California Peace Officers Association), as well as state police chief s conferences in Texas,Arizona, California, Colorado, Delaware, Maine,Wisconsin, Minnesota, Hawaii, Missouri, New York, NevvJersey, Illinois, Tennessee,Virginia, North Carolina, Georgia, Oklahoma, Ohio, Oregon, and Pennsylvania. He has also taught for the British Columbia Police Complaint Commission, the Los Angeles County Police Chiefs Association, Northwestern University, the Southwestern Law Enforcement Institute and the Institute for Police Technology and Management. Behas presented law enforcement and risk management training for insurance and risk management companies and pools from coast to coast, including the: California Joint Powers Insurance Authority(,JPIA), Maine Municipal Association, Redwood Empire Municipal Insurance Fund(CA), Florida League of Municipalities, Gallagher-Bassett Services (Chicago), Independent Cities Association(Los Angeles), Southern California Joint Powers Insurance Authority(SCUPIA), Carl Warren and Company(San Diego),Tennessee Municipal League, Contra Costa County(CA) Municipal Risk Management Authority, Public Risk Management Exchange(PRIMEX), Utah Risk Management Mutual Association (URMA/IA), New Hampshire Municipal Association, Colorado Intergovernmental Risk Sharing Agency(ClQS4), Texas Municipal League,Virginia Municipal League, Law Enforcement Government Insurance Trust (LEGIT) in Maryland, Missouri Intergovernmental Risk Management Association(MIRMA), Penn Prime and the Association o{Bay Area Governments inCalifornia. He provides policy manual review and revision services that are custom-tailored to the needs and wants ofpolice departments,using existing policy osthe starting point, and incorporating and maintaining as much organizational culture as possible into the final product.When it is finished,the new policy manual will not be a pre-fab, cookie-cutter product but one that is tailored tothe particular police department. 144 �'I'1�r I Iii♦ r} Y 9M& Its BU Pri,,�<;rrt rr rf aA'!R7 September 10, 2018 TO: Honorable Mayor and City Council FROM: Jim Row, Assistant City Administrator SUBJECT: Lottery Bond Grant Agreement RECOMMENDATION: Authorize the City Administrator to enter into the enclosed Oregon Lottery Revenue Bonds Grant Agreement with the State of Oregon. BACKGROUND: The 2017 Oregon Legislature approved, through Senate Bill 5530, funding to develop a community center in Woodburn. The funding will be provided as a grant to the City in the amount of $1 million to be financed by State of Oregon Lottery Revenue Bonds, which are expected to be issued in April 2019. The award of this funding resulted from the advocacy of State Representative Teresa Alonso-Leon and House Speaker, Tina Kotek. The Lottery Bond Grant program only allows for funds to be spent on capital improvements. The project covered by this agreement is the development of "bid ready" construction documents for the community center, which the state considers an eligible capital improvement project. The development of construction documents will make the project nearly shovel ready, which we are hopeful will help develop the community support necessary to pass a bond measure for the construction of the community center. Staff anticipates seeking other sources of project funding, as well. The project covered by this agreement is expected to begin within a few months following the April 2019 bond sale. DISCUSSION: In December 2017, the City purchased a property at 294 Oak St, which is adjacent to the Aquatic Center. The property was purchased, because it provided Agenda Item Review: City Administrator_X_ City Attorney_X_ Finance—X- 145 Honorable Mayor and City Council September 10, 2018 Page 2 valuable space for a potential future expansion of the Aquatic Center, which may be useful in the community center project. Prior to the transaction, the State authorized the use of Lottery Bond funds to be used to reimburse the City for the $212,000 it utilized to purchase the property. However, since the cost of developing construction documents for the community center exceeds the amount grant funds available, the City will not use any of the grant funds as reimbursement for the property purchase, which was charged to the General Capital Construction Fund in FY 17/18. FINANCIAL IMPACT: The cost of the project is anticipated to be approximately $1 .3 million, which is $300,000 more than the grant funds provided through this agreement. The City recently sold real property located at 1750 Park Ave to Farmworker Housing Development Corporation (FHDC), which provided nearly $350,000 in proceeds. In a separate item on tonight's agenda, the City Council will be asked to earmark these sales proceeds for use in the community center project. If approved, those funds will be included as such in the FY 19/20 budget. 146 STATE OF OREGON LOTTERY REVENUE BONDS GRANT AGREEMENT (Governmental Entity —Reimbursement) Grantee: City of Woodburn Project Name: Woodburn Community Center Lottery Bonds Series Number: 2019 Series A This Grant Agreement ("Agreement"), is made by the State of Oregon, acting by and through its Department of Administrative Services ("DAS"), and City of Woodburn ("Grantee") for financing of the project referred to above and described in Exhibit A (the "Project"). This Agreement becomes effective only when fully signed and approved as required by applicable law, and shall expire on the date of the last disbursement of the funds provided under this Agreement or the third anniversary date of the sale of the bonds funding this Agreement, whichever is earlier. This Agreement includes the following exhibits, incorporated into and made a part of this Agreement: Exhibit A: Project Description Exhibit B: Project Budget Exhibit C: Reimbursement Request Form Exhibit D: Declaration of Official Intent to Reimburse Project Costs SECTION 1 DEFINITIONS OF KEY TERMS , The following capitalized terms have the meanings assigned below. "Bond Counsel" means a law firm that serves as bond counsel to the State because it has knowledge and expertise in the field of municipal law and issues opinions that are generally accepted by purchasers of municipal bonds. "Bonds"means the State of Oregon Lottery Revenue Bonds 2019 Series A issued pursuant to Senate Bill 5530, codified at 2017 Oregon Laws chapter 748, Section 20, a portion of the sale proceeds of which are funding the Grant. "Code" means the Internal Revenue Code of 1986, as amended, including any implementing regulations and any administrative or judicial interpretations. "Date of Issuance" means the date the Bonds are issued, which is expected to be April 10, 2019 "Default" means an event which, with notice or lapse of time or both, would become an Event of Default. "Grant Amount" means an amount of proceeds from the sale of the Bonds, not to exceed $1,000,000. IGA Reimbursement 1 2609985.1035981 AGMT 147 "Preliminary Expenditures"means costs such as architectural, engineering, surveying, soil testing, and similar costs that, in the aggregate, are not in excess of 20% of the Grant Amount. Costs of land acquisition, site preparation and similar costs incident to commencement of construction are NOT preliminary expenditures. "Project" means the project described in Exhibit A. "Project Budget' means the budget for the Project described in Exhibit B. "Project Costs"means expenditures incurred by Grantee that are (a)reasonable, necessary and directly used for the Project, (b) permitted by generally accepted accounting principles established by the Governmental Accounting Standards Board, as reasonably interpreted by the State, to be capitalized to an asset that is part of the Project, (c) capital expenditures for federal income tax purposes within the meaning of Section 1.150-1(b) of the Code, and (d) eligible or permitted uses of the Grant under law and this Agreement. Project Costs do NOT include internal costs charged to the Project by Grantee or payments made to Related Parties, do NOT include loans or grants to be made to third parties, and may only include the payment of principal due on interim financing for the Project with the prior written consent of DAS. "Related Parties" means, in reference to governmental units or 501(c)(3) organizations, members of the same controlled group within the meaning of Section 1.150-1(e) of the Code, and in reference to any person that is not a governmental unit or a 501(c)(3) organization, a related person as defined in Section 144(a)(3) of the Code. "State" means the State of Oregon, acting by and through its agencies including but not limited to DAS, the Office of the State Treasurer and any other agency authorized to administer proceeds and payment of the Bonds. SECTI©N 2—FINANCIALASSISTAI' CE DAS shall provide Grantee, and Grantee shall accept from DAS, a grant (the "Grant") in an aggregate amount not to exceed the Grant Amount. SECTION 3—REIMBURSEMENTS A. Reimbursement Requests. Grantee must request reimbursement of some or all of the Grant Amount using the Reimbursement Request form attached to this Agreement as Exhibit C, containing the information and certifications shown in Exhibit C. B. Conditions to Disbursement. DAS has no obligation to disburse any of the Grant unless all of the following conditions are met on the date of disbursement: (1) There is no Default or Event of Default. (2) The representations and warranties made by Grantee in this Agreement are true and correct as if made on such date. IGA Reimbursement 2 148 (3) The Bonds have been issued by the State and DAS, in the reasonable exercise of its administrative discretion, has sufficient funding, appropriations, limitations, allotments, allocation and other expenditure authority to authorize the disbursement. (4) DAS is satisfied that all items listed in the Reimbursement Request are for Project Costs that have been incurred by Grantee. (5) DAS has received the following items in form and substance satisfactory to DAS: a. This Agreement duly signed by an authorized officer of Grantee. b. Such other certificates, documents, opinions and information as DAS may reasonably require. C. Disbursement by DAS. Upon receipt of a Reimbursement Request, satisfaction of the conditions set forth in Section 3.13, and DAS's review and approval of the Project Costs set forth in the Reimbursement Request, DAS shall disburse or cause to be disbursed some or all of the Grant Amount requested by Grantee. SECTION 4,—USE OF GRANT FUNDS A. Use of Proceeds. Grantee shall use disbursements of the Grant only to reimburse itself for Project Costs in compliance with Grantee's certifications in its Reimbursement Request. B. Project Costs paid by Grantee before the Bonds are Issued. Except for certain Preliminary Expenditures for costs that can be capitalized to the Project, the Grant cannot be used for Project Costs that were paid more than 60 days before the earlier of the following two dates: (i)the Date of Issuance of the Bonds; and (ii)the date on which a Declaration of Official Intent to Reimburse Project Costs set forth in Exhibit D was executed. C. Costs Paid for by Others. Grantee may not use any of the Grant to pay internal costs charged to the Project by Grantee or by Related Parties or to repay the interest owed for any interim financing for the Project. Grantee may not use any of the Grant to repay the principal owed on interim financing for the Project without the prior written consent of DAS. D. Earnings on Bond Proceeds. Any earnings on proceeds of the Bonds prior to disbursement will be retained by the State. E. Unexpended Proceeds. Grantee shall complete the Project within three years from the Date of Issuance. Grantee shall immediately repay to DAS, unless DAS otherwise directs, any portion of the Grant disbursed to Grantee, and any interest earned by Grantee on the Grant disbursement, that are not used for Project Costs or that remain after the earliest of(i) the date the Project is completed, (ii) the date this Agreement has expired or is terminated; or (iii)the third anniversary of the Date of Issuance,which is expected to be in April 10,2022. IGA Reimbursement 3 149 SECTION S-REPRESENTATIONS AND WARRANTIES OF GRANTEE Grantee represents and warrants to the State: A. Organization and Authority. (1) Grantee is a city validly created and existing under the laws of the State of Oregon. (2) Grantee has all necessary right, power and authority under its applicable enabling statutes, code, ordinances or other Oregon law to (a) execute and deliver this Agreement, (b) incur and perform its obligations under this Agreement, and (c)receive financing for and carry out the Project. (3) This Agreement has been duly authorized by a vote, resolution or other act of the governing body or officer of Grantee, is executed by an authorized representative of Grantee, and when executed by DAS, is legal,valid and binding, and enforceable in accordance with its terms. B. Full Disclosure. Grantee has disclosed in writing to DAS all facts that may materially adversely affect the Project, or the ability of Grantee to perform all obligations required by this Agreement. Grantee has made no false statements of fact, nor has it omitted information necessary to prevent any statements from being misleading, regarding the Grant, the Project and this Agreement. The information contained in this Agreement is true and accurate in all respects. C. Pending Litigation._ Grantee has disclosed in writing to DAS all proceedings, environmental or otherwise, pending (or to the knowledge of Grantee, threatened) against or affecting Grantee, in any court or before any governmental authority or arbitration board or tribunal, that, if adversely determined, would materially adversely affect the Project or the ability of Grantee to perform all obligations required by this Agreement. D. No Defaults. (1) No Defaults or Events of Default exist or occur upon authorization, execution or delivery of this Agreement. (2) Grantee has not violated, and has not received notice of any claimed violation of, any agreement or instrument to which it is a party or by which the Project or its property may be bound, that would materially adversely affect the Project or the ability of Grantee to perform all obligations required by this Agreement. E. Compliance with Existing Agreements and Applicable Law. The authorization and execution of, and the performance of all obligations required by, this Agreement will not: (i) cause a breach of a material agreement, indenture, mortgage, deed of trust, or other instrument,to which Grantee is a party or by which the Project or any of Grantee's property or assets may be bound; (ii)violate any provision of the applicable enabling statutes, code, ordinances or other Oregon law pursuant to which Grantee was organized or established; IGA Reimbursement 4 150 or (iii) violate any laws, regulations, ordinances, resolutions, or court orders related to Grantee, the Project or Grantee's properties or operations. F. Governmental Consent. Grantee has obtained or will obtain all permits and approvals, and has made or will make all notifications, declarations, filings or registrations, required for the making and performance of its obligations under this Agreement and undertaking and completion of the Project, including without limitation, all land use approvals and development permits required under local zoning or development ordinances, state law and federal law for the use of the land on which the Proj ect will be located. "Land use approvals and development permits"includes,but is not limited to, any necessary"land use decision" or"limited land use decision" as those terms are defined by ORS 197.015(10) and (12). SECTION,6 'COVENANTS O CG»Al' TEF Grantee covenants as follows for so long as the Bonds and any obligations issued to refund the Bonds are outstanding: A. Compliance with Laws. Grantee shall comply with all applicable laws, rules, regulations and orders of any court or governmental authority that relate to this Agreement and the Project. These laws, rules, regulations and orders are incorporated by reference in this Agreement to the extent required by law. B. Project Reporting Obligations. (1) Promptly after completion of the Project and in no event later than ninety(90) days after the Project is complete, Grantee shall furnish the State with a final report on Grantee's expenditure of the Grant; and (2) Grantee shall provide such additional reports as the State may reasonably request from time to time,including information or documentation that the State determines is necessary to comply with arbitrage and private use restrictions that may apply to the Bonds. C. Real Property. Legal title to all real property financed with the Grant shall be owned in fee simple by Grantee, free and clear of all encumbrances other than minor encumbrances. Grantee shall maintain a standard form of title insurance policy for the value of the purchase price of the property, and where appropriate will purchase endorsements to that policy in amounts to cover improvements. Where Grantee suffers a loss that is covered by title insurance, insurance proceeds will be paid to the State, not to exceed the amount necessary to call or defease the portion of the Bonds relating to the Project(including all allocable costs of issuance). D. Operation and Maintenance of the Project. Grantee agrees to construct the Project in accordance with the Project plans, specifications and budget and to contract with competent,properly licensed and bonded contractors and professionals in accordance with the Oregon Public Contracting Code and all other applicable federal, state and local laws IGA Reimbursement 5 151 regulating construction of the Project. Grantee agrees to have plans and specifications for the Project prepared by a licensed architect or licensed engineer and to require that the Project meets applicable standards of survival in good condition. Prior to commencement of any Project construction, Grantee shall require the general contractor for the Project to procure and maintain in full force and effect throughout the entire time of construction and until one year after the Project is completed, a performance and payment bond for the faithful performance and payment of all of the contractor's obligations for the total cost of the Project. The Grantee shall be named as the obligee on the bond. Grantee shall operate and maintain the Project in good repair and operating condition so as to preserve the public benefits of the Project, including making all necessary and proper repairs, replacements, additions, and improvements. E. Insurance, Damage. Grantee shall maintain insurance policies with responsible insurers or self-insurance programs, insuring against liability and risk of direct physical loss, damage or destruction of the Project, at least to the extent that similar insurance is customarily carried by governmental units constructing, operating and maintaining similar facilities. If the Project or any portion is destroyed, insurance proceeds will be paid to the State, not to exceed the amount necessary to call or defease the portion of the then outstanding Bonds relating to the Project (including all allocable costs of issuance), unless Grantee has informed DAS in writing that the insurance proceeds will be used to rebuild the Project. F. Sales, Leases and Encumbrances. Grantee shall not sell, transfer, encumber, lease or otherwise dispose of any property paid for with disbursements of the Grant, unless DAS has granted prior, written consent. In the case of sale, lease, exchange, transfer or other disposition of any substantial portion of or interest in the Project, Grantee shall, within 30 days of receipt of any proceeds from such disposition, pay such proceeds to the State, not to exceed the amount necessary to call or defease the portion of the then outstanding Bonds relating to the Project (including all allocable costs of issuance), unless DAS agrees otherwise in writing. G. Condemnation Proceeds. If the Project or any portion is condemned, within 30 days of receipt of any condemnation proceeds, Grantee shall pay such proceeds to the State, not to exceed the amount necessary to call or defease the portion of the then outstanding Bonds relating to the Project (including all allocable costs of issuance), unless Grantee has informed DAS in writing that the condemnation proceeds will be used to rebuild the Proj ect. H. Financial Records. Grantee shall keep accurate books and records regarding use of the Grant, and maintain them according to generally accepted accounting principles established by the Governmental Accounting Standards Board in effect at the time. L Inspections; Information. Grantee shall permit the State and any party designated by the State: (i) to inspect the Project and (ii) to inspect and make copies of any accounts, books and records, including, without limitation, Grantee's records regarding receipts, disbursements, contracts, investments and any other related matters. Grantee shall supply any reports and information related to the Project as the State may reasonably require. IGA Reimbursement 6 152 J. Records Maintenance. Grantee shall retain and keep accessible all books, documents, papers, and records that are directly related to this Agreement, the Project, or the Grant until the date that is three years following the later of the final maturity or earlier retirement of all of the Bonds (including the final maturity or redemption date of any obligations issued to refund the Bonds) or such longer period as may be required by other provisions of this Agreement or applicable law. K. Notice of Default. Grantee shall give DAS prompt written notice of any Default as soon as any senior administrative or financial officer of Grantee becomes aware of its existence or reasonably believes a Default is likely. L. Prevailing Wage. The prevailing wage rate requirements applicable to the Project are set forth in ORS 279C.800 through 279C.870 and the administrative rules promulgated thereunder ("PWR"), or, if applicable, 40 U.S.C. 3141 et seq. ("Davis-Bacon Act"). If Grantee believes the Project is not subject to PWR, Grantee must obtain and provide DAS with a copy of a coverage determination letter from the Oregon Bureau of Labor and Industries ("BOLI") that confirms the Project is not subject to PWR requirements before proceeding. Grantee shall require its contractors and subcontractors to pay the applicable PWR or Davis-Bacon Act rates, as applicable, and to comply with all other BOLI requirements pursuant to the PWR, including on all contracts and subcontracts and in filing separate works bonds with the Construction Contractors Board. If the Project is or becomes subject to both PWR and the Davis-Bacon Act, all subject workers must be paid the higher of applicable state or federal prevailing wage rate. The applicable rates are those in effect on the effective date of this Agreement. PWR and Davis-Bacon Act prevailing wage rates may be accessed via: http://www.oregon.gov/boli/WHD/PWR/Pages/pwr state.aspx and http://www.wdol.gov. Grantee represents and warrants that it is not on the BOLI current List of C'Ontractory lnelzgible to Receive Public Works Contracts and that it will not contract with any contractor on this list. M. Indemnity; Release. To the extent allowed by law, Grantee shall defend, indemnify, save and hold harmless and release the State, its officers and employees from and against any and all claims, demands, suits, actions, proceedings, losses, damages, liability and court awards including costs, expenses, and reasonable attorneys' fees and expenses at trial, on appeal and in connection with any petition for review, arising out of or relating to Grantee, its officers, employees, contractors, or agents in connection with this Agreement, the Project or the tax-exempt status of the Bonds, including without limitation, any expenses incurred or amounts paid in connection with an inquiry, investigation, audit or similar proceeding by BOLI, the Internal Revenue Service, the Securities and Exchange Commission, Municipal Securities Rulemaking Board and any other federal, state, governmental or quasi-governmental body with regulatory jurisdiction over the Bonds, arising from the Project or the actions or omissions of Grantee. N. Representations and Covenants Regarding the Tax-Exempt Status of the Bonds. (1) Grantee acknowledges that the Bonds have been or are expected to be issued with the interest paid on the Bonds excludable from gross income for federal income tax purposes and that the uses of the Grant proceeds and the Project by Grantee during the term of IGA Reimbursement 7 153 the Bonds may impact the tax-exempt status of the Bonds. Grantee agrees to comply with all applicable provisions of the Code necessary to protect the exclusion of interest on the Bonds from federal income taxation. (2) Grantee shall not, without prior written consent of DAS,permit more than five percent (5%) of the Project to be used in a"private use" by a "private person" (as defined in the Code) if such private use could result in the State of Oregon, receiving direct or indirect payments or revenues from the portion of the Project to be privately used. SECTION 7 ,DEFAULTS A. Grantee Default. Any of the following constitutes an "Event of Default" of Grantee: (1) Any false or misleading representation is made by or on behalf of Grantee, in this Agreement or in any document provided by Grantee to DAS related to this Grant or the Project. (2) Grantee fails to perform any obligation required under this Agreement, other than those referred to in subsection A(1) of this Section 7, and that failure continues for a period of 30 calendar days after written notice specifying such failure is given to Grantee by DAS, or such longer period as DAS may agree to in writing, if DAS determines Grantee has instituted and is diligently pursuing corrective action. (3) If and to the extent allowed by law, Grantee initiates or consents to a proceeding or case, or a proceeding or case is commenced without the application or consent of Grantee, seeking: (i)the liquidation, dissolution or winding-up, or the composition or readjustment of debts, of Grantee, (ii)the appointment of a trustee, receiver, custodian, liquidator, or the like of Grantee or of all or any substantial part of its assets, or(iii) similar relief in respect to Grantee under any law relating to bankruptcy, insolvency, reorganization, winding-up, or composition or adjustment of debts, and such proceeding or case continues undismissed, or an order,judgment, or decree approving or ordering any of the foregoing is entered and continues unstaged and in effect for a period of sixty (60) consecutive days, or an order for relief against Grantee is entered in an involuntary case under the Federal Bankruptcy Code (as now or hereafter in effect). B. DAS Default. DAS will be in default under this Agreement if it fails to perform, observe or discharge any of its covenants, agreements, or obligations under this Agreement. IGA Reimbursement 8 154 SECTI©N 8-REMEDIES A. Remedies. Upon any Event of Default, DAS may pursue any or all remedies in this Agreement, and any other remedies available at law or in equity (including specific performance) to collect amounts due or to become due or to enforce the performance of any obligation of Grantee. Remedies may include, but are not limited to: (1) Terminating DAS' commitment and obligation to make any further disbursements of the Grant under this Agreement. (2) While any of the Grant remains undisbursed, withholding amounts otherwise due to Grantee and applying such amounts to the payment of amounts due under this Agreement. (3) Requiring repayment upon demand from DAS of all or a portion of the Grant, the State of Oregon's costs of exercising its remedies under this Agreement, and interest on all or any portion of the Grant moneys required to be returned. B. Application of Moneys. Any moneys collected by DAS pursuant to Section 8.A will be applied first,to pay any reasonable attorneys' fees and other fees and expenses incurred by the State of Oregon; then, to repay any Grant moneys owed; and last, to pay any other amounts due and payable under this Agreement. C. No Remedy Exclusive; Waiver; Notice. No remedy available to DAS is intended to be exclusive, and every remedy will be in addition to every other remedy. No delay or omission to exercise any right or remedy will impair or is to be construed as a waiver of such right or remedy. No single or partial exercise of any right, power or privilege under this Agreement will preclude any other or further exercise thereof or the exercise of any other such right,power or privilege. DAS is not required to provide any notice in order to exercise any right or remedy, except as set forth in Section 7.A.2. D. Grantee Remedies. In the event of default by DAS, Grantee's sole remedy will be for reimbursement of Project Costs reviewed and accepted by DAS, less any claims DAS has against Grantee. SECTI©N 9— IISCELLANE©US , A. Time is of the Essence. Grantee agrees that time is of the essence under this Agreement. B. Relationship of Parties, Successors and Assigns, No Third Party Beneficiaries. IGA Reimbursement 9 155 (1) Nothing in this Agreement gives, or is to be construed to give, directly or indirectly, to any third persons any rights and benefits greater than those enjoyed by the general public. (2) This Agreement will be binding upon and inure to the benefit of DAS, Grantee, and their respective successors and permitted assigns. (3) Grantee may not assign or transfer any of its rights or obligations or any interest in this Agreement without the prior written consent of DAS. In the event of an assignment, Grantee shall pay, or cause to be paid to DAS, any fees or costs incurred because of such assignment, including but not limited to reasonable attorneys' fees of DAS's counsel and Bond Counsel. (4) DAS may assign this Agreement to a successor agency or entity without the consent of or notice to Grantee. C. Disclaimer of Warranties; Limitation of Liability. Grantee agrees that: (1) DAS makes no warranty or representation,either express or implied,as to the value, design, condition,merchantability or fitness for particular purpose or fitness for any use of the Project or any portion of the Project, or any other warranty or representation. (2) In no event is DAS, any agency of the State of Oregon or its agents liable or responsible for any direct, indirect, incidental, special, consequential or punitive damages in connection with or arising out of this Agreement or the existence, furnishing, functioning or use of the Project. D. Notices. All notices to be given under this Agreement must be in writing and addressed as shown below, or to other addresses that either party may hereafter indicate pursuant to this section. Notices may only be delivered by personal delivery or mailed, postage prepaid. Any such notice is effective five calendar days after mailing, or upon actual delivery if personally delivered. If to DAS: Jean Gabriel, Capital Finance &Planning Manager Department of Administrative Services 155 Cottage Street NE U90 Salem, OR 97301-3966 Phone (503) 378-3107 Fax (503) 373-7643 If to Grantee: Jim Row, Assistant City Administrator City of Woodburn 270 Montomery Street Woodburn, Oregon 97071 Phone (503) 982-5222 IGA Reimbursement 10 156 E. No Construction Against Drafter. This Agreement is to be construed as if the parties drafted it jointly. F. Severability. If any term or condition of this Agreement is declared by a court of competent jurisdiction as illegal,invalid or unenforceable,that holding will not invalidate or otherwise affect any other provision. G. Survival. The covenants of Grantee under this Agreement related to the tax-exempt status, if any, of the Bonds, the continued operation and maintenance of the Project, default and remedies, including without limitation Sections 6, 7, 8, and 9.G. and I. of this Agreement, shall survive disbursement of the Grant Amount and termination of this Agreement until the Bonds (including the final maturity or redemption date of any obligations issued to refund the Bonds) are no longer outstanding. H. Amendments, Waivers. This Agreement may be amended only by mutual written agreement of the parties. No waiver or consent is effective unless in writing and executed by the party against whom such waiver or consent is sought to be enforced. Such waiver or consent will be effective only in the specific instance and for the specific purpose given. L Choice of Law, Designation of Forum, Federal Forum. The laws of the State of Oregon (without giving effect to its conflicts of law principles) govern all matters arising out of or relating to this Agreement, including, without limitation, its validity, interpretation, construction,performance, and enforcement. Any party bringing a legal action or proceeding against any other party arising out of or relating to this Agreement shall bring the legal action or proceeding in the Circuit Court of the State of Oregon for Marion County (unless Oregon law requires that it be brought and conducted in another county). Each party hereby consents to the exclusive jurisdiction of such court, waives any objection to venue, and waives any claim that such forum is an inconvenient forum. Notwithstanding the prior paragraph, if a claim must be brought in a federal forum, then it must be brought and adjudicated solely and exclusively within the United States District Court for the District of Oregon. This paragraph applies to a claim brought against the State of Oregon only to the extent Congress has appropriately abrogated the State's sovereign immunity and is not consent by the State of Oregon to be sued in federal court. This paragraph is also not a waiver by the State of Oregon of any form of defense or immunity, including but not limited to sovereign immunity and immunity based on the Eleventh Amendment to the Constitution of the United States. J. Integration. This Agreement(including all exhibits, schedules or attachments) constitutes the entire agreement between the parties on the subject matter. There are no unspecified understandings, agreements or representations, oral or written, regarding this Agreement. K. False Claims. Grantee will refer to the DAS contact identified for receipt of notices under this Agreement any credible evidence that a principal, employee, agent, sub-grantee contractor, contractor or other person has submitted a false claim under the False Claims Act, ORS180.750 to 180.785, or has committed a criminal or civil violation of laws IGA Reimbursement 11 157 pertaining to fraud, conflict of interest, bribery, gratuity or similar misconduct involving funds provided under this Agreement. L. Execution in Counterparts. This Agreement may be signed in several counterparts, each of which is an original and all of which constitute one and the same instrument. Grantee, by its signature below, acknowledges that it has read this Agreement, understands it, and agrees to be bound by its terms and conditions. STATE OF OREGON acting by and through the Department of Administrative Services CITY OF WOODBURN By: By: Name: George Naughton or delegate Name: Scott Derickson Title: Chief Financial Officer Title: City Administrator Date: Date: APPROVED AS TO LEGAL SUFFICIENCY IN ACCORDANCE WITH ORS 291.047: [ ], Assistant Attorney General IGA Reimbursement 12 158 ter I1BIT A 'PROJECT I)ESCROTION Bond funds will be distributed to the City of Woodburn to develop a community center in Woodburn. The concept the City is pursuing involves expanding the existing aquatic center to include significant community center amenities. Current plans call for expanding the existing 20,000 sq. ft. aquatics center into an approximately 60,000 sq. ft. comprehensive community center. The facility is envisioned to include the following amenities • Existing aquatic center facilities • Expanded locker rooms & Lobby • Two court gymnasium suitable for basketball, futsal, volleyball, etc. • Weight& Fitness rooms • Jogging track • Large assembly hall • Multi-purpose classrooms • Warming/teaching kitchen • Relocation of outdoor tennis/basketball courts • Senior center facilities • Boys & Girls Club facilities The bond funded project will involve a significant amount of architectural and engineering work in order to develop "bid ready" construction documents. IGA Reimbursement 13 159 EXfflBIT B-PRO!ECT BUDGET Community Center Project Budget Timeline Cost May 2019-April 2020 $ 1,305,000 Architectural Design Total $ 1,305,000 IGA Reimbursement 14 160 E BBT C-IIBIMBURSE ENT REQUEST, DATED: [insert date of request] Project Name: Woodburn Community Center Bonds: Lottery Revenue Bonds: 2019 Series A Date of Grant Agreement: [ ] Name of Grantee: City of Woodburn On behalf of City of Woodburn (the "Grantee") I hereby request a total disbursement of $ under the Grant Agreement listed above (the "Grant Agreement"). I hereby make the following certifications in connection with this Reimbursement Request: 1. As of the date of this Reimbursement Request, Grantee has spent a portion of the Grant Amount in the amount of$[ ] as detailed on the attached list and documentation. 2. All of the disbursement requested by this Reimbursement Request (the "Disbursement") will be used reimburse Grantee for payments that Grantee has made for Project Costs. 3. Grantee is eligible to receive the Disbursement under the terms of the Grant Agreement, and has satisfied all conditions that the Grant Agreement requires be satisfied for DAS to make the Disbursement. 4. The invoices or other documents provided to DAS in connection with this Reimbursement Request evidence that the Project Costs to be paid from the Disbursement have been paid by Grantee. 5. All of the Disbursement will be used to pay for Project Costs that have not been previously paid from disbursements under the Grant. 6. All representations of Grantee in the Grant Agreement are true and correct on the date of this Reimbursement Request and all warranties by Grantee in the Grant Agreement continue to be in effect. The certifications in this Reimbursement Request are true and accurate to the best of my knowledge and belief, after reasonable investigation. Capitalized terms that are used but are not defined in this Reimbursement Request have the meanings defined for those terms in the Grant Agreement. CITY OF WOODBURN By: Name: Title: Date: IGA Reimbursement 15 161 EXMBIT D DEcLARATION OF OFFICIAL INTENT To REimiauRsg PROJECT COSTS Declaration of Official Intent to Reimburse Capital Costs with Oregon Lottery Revenue Bonds Declaration 003 2017-19 Biennium Section 1. The Oregon Department of Administrative Services, Capital Finance and Planning Section (the "Issuer") reasonably expects to issue Lottery Revenue Bonds authorized by ORS 286A,566 — 286A,585 and Oregon Laws 2017 Chapter 570, Section 2 and Chapter 748, Section 20 to finance a grant frOrn the Department of Administrative Services (the "Agency"') to City of Woodburn (the "Grantee") for expenditures, related to development of community center (the "Project"), Section 2. The Issuer reasonably expects that the Grantee may make certain expenditures on the Project prior to the issuance of the Lottery Revenue Bonds and therefore makes this Declaration of Official Intent to Reimburse to preserve the ability of the Issuer to reimburse the Grantee for such expenditures from the proceeds of the Lottery Revenue Bonds. Section 3. This Declaration of Official Intent to, Reimburse is made pursuant to Section! 1.150-2 of the Income Tax Regulations promulgated by the United States Department of the Treasury. Section 4. The maximum principal amount of Lottery Revenue Bonds expected to be issued for the Project is $1,130,000. Adopted this 25th day of October, 2017 Issuer: Department of Administrative Services Capital Finance & Planning: Section (CFPS) Je i G�abr'el, CFPS Manager IGA Reimbursement 16 162 �'I'1�r I Iii♦ r} Y 9M& Its BU Pri,,�arrt rr rf aA'!87 September 10, 2018 TO: Honorable Mayor and City Council FROM: Jim Row, Assistant City Administrator SUBJECT: Community Center Funding RECOMMENDATION: It is recommended that the City Council, by motion, indicate its support for earmarking the proceeds from the sale of City owned property, located at 1750 Park Ave for use in developing construction documents for the community center project. BACKGROUND: The City recently sold real property located at 1750 Park Ave to Farmworker Housing Development Corporation (FHDC), which resulted in nearly $350,000 in sales proceeds. In an earlier item on tonight's agenda, the City Council was asked to authorize the execution of a Lottery Revenue Bonds Grant Agreement with the State of Oregon, which will provide $1 million in grant funds to develop "bid ready" construction documents for the community center project. However, since development of the construction documents is anticipated to cost $1 .3 million, the City will need an additional $300,000 to complete the project. Adding the $350,000 in sales proceeds to the project should provide the necessary funding to ensure its completion. If approved, those funds will be included as such in the FY 19/20 budget. DISCUSSION: In January 2017, The City Council authorized staff to contract with Carleton Hart Architecture to update the 2008 Community Center Feasibility Study. This decision came after local stakeholders and interested residents expressed a desire to move the project forward now that the economic climate has improved. Agenda Item Review: City Administrator_X_ City Attorney_X_ Finance—X- 163 Honorable Mayor and City Council September 10, 2018 Page 2 Since that time, staff has conducted a number of workshops throughout the community and also solicited feedback from the City Council in late 2017. Carleton Hart has since been working to develop a concept plan for the community center, which we expect will be completed this month. Staff will then vet the plan with established stakeholder groups and will conduct additional community workshops in order to solicit feedback. The updated plan will be presented to the City Council once the community's feedback has been review and incorporated. FINANCIAL IMPACT: The cost of developing construction documents for the community center is anticipated to be approximately $1 .3 million, which is $300,000 more than the grant funds provided Oregon Lottery Bond grant revenues. If the City Council authorizes the sales proceeds from the property sold to FHDC to be dedicated to this project, those funds will be included as such in the FY 19/20 budget. 164