Agenda - 06/23/1997 AGENDA
WOODBURN CITY COUNCIL
JUNE 23, 1997, 7:00 P.M.
City of Woodburn
270 Montgomery Street * * * Woodburn, Oregon 97071
CALL TO ORDER AND FLAG SALUTE
A. Council minutes of June 9, 1997 regular and executive meetings.
B. Planning Commission minutez of May 22, 1997.
APPOINTM~NTS/ANNOUNCEMF~NTS/PROCLAMATIONS
,APPOINTMENTS
ANNOUNCEMENTS
A. Introduction of DEQ representative (re: wastewater funding issues).
B. ~une 30, 1997, 7:00 p.m. Special Council meeting to consider adoption of
1997-98 City of Woodburn Budget and to consider approval of Parr Rd.
contract.
C. June ~0, 1997 Council Workshop concerning planning fees
and system development charges. (following special meetln~
PROCLAMATIONS
COMMITTEE REPORTS
A. Chamber of Commerce
B. Other Committees
COMMUNICATIONS
A. Letter from Benny Dodge.
BUSINESS FROM THE PUBLIC
(This allows the public to introduce items for Council consideration not already
scheduled on thc agenda.)
PUBLIC I-I~ARINGg
A. City of Woodburn Budget Fiscal Year 1997-98
B. Liquor License: Raven Inn.
3A
6A
8A
Page I - Woodburn City Council Agenda, June 23, 1997
10.
TABI.ED BUSINESS
A. Council Bill No. 1758 - Ordinance increasing local gas tax.
B. WDA request for removal of trees on Front Street.
C. WI)A request for parking restrictions.
GENERAL BUSINESS
A. Council Bill No. 1800 - Resolution certifying City's eligibility to
receive State Shared Revenues during FY 1997-98.
B. Council Bill No. 1801 - Resolution declaring City's election
to receive State revenues during FY 1997-98.
C. Council Bill No. 1802 - Resolution authorizing the transfer of operating
contingency appropriations during FY 199697.
D. Council Bill No. 1803 - Resolution authorizing the transfer of
appropriations within a fund during FY 1997-98.
E. Council Bill No. 1804 - Resolution entering into State Revolving Loan
Agreement for financing wastewater system improvements.
F. Council Bill No. 1805 - Resolution entering into construction finance
agreement with Waremart.
O. Council Bill No. 1806 - ~lufion entering into construction finance
agreement with I-Iillyer's Mid-City Ford.
H. Council Bill No. 1807 - Resolution entering into an agreement with the
State for Highway 214 and 219 and 1-5 Interchange improvements.
I. Council Bill No. 1808 - Resolution authorizing an addendum to an
agreement with Moss Adams for data processing professional services.
J. Contract award: Woodland Ave, Hwy 214 and 219 and I-5
Interchange improvements.
K. Approval of restricted parking on Gatch Street near Johnson Street.
L. Recreation and Park contract for services.
M. Fourth of July Celebration requests: Insurance coverage and
sound amplification.
N. Sound amplification request for Library activities.
O. Revision to discharge of weapons provision of Ordinance 1900.
P. Clarification of formation and scope of committee to hire Park Director
(no staff report; item requested by Mayor)
10A
10F
10H
10I
lOJ
IOK
IOM
ION
Page 2 - Woodburn City Council Agenda, June 23, 1997
11.
12.
13.
14.
15.
16.
17.
18.
APPROVAL OF CLAIMS
PUBLIC COMMENT
NEW BUSINESS
SITE PLAN ACTIONS/SUBDIVISIONS/MA/OR PARTITIONS
A. Major partition: Capitol Development.
STAFF REPORTS
A. Senior Estates Park title report.
B. RFP for IS hardware, software and installation.
C. Recreation program contract form.
D. United Disposal Service request for rate modifications and
implementation of yard wast recycling program.
CITY ADMINISTRATOR'S REPORT
MAYOR AND COUNCIL REPORTS
ADJOURNMENT
14A
Page 3 - Woodburn City Council Agenda, June 23, 1997
COUNCIL MEETING MINUTES
June 9, 1997
3A
TAPE
READING
000! DATE. COUNCIL CHAMBERS, CITY HALL, CITY OF WOODBURN,
COUNTY OF MARION, STATE OF O~N, JUNE 9, 1997.
~ The Council met in regular session at 7:00 p.m. with Mayor Kirksey
presiding.
ROLL CALL
Mayor Kirksey Present
Councilor Chadwick Present
Councilor Figley Present
Councilor ltagenauer Absent
Councilor Jen~nings Present
Councilor Pugh Present
Councilor Sifuentez Present
0016
OO56
Staff Present:
City Administrator Childs, City Attorney Shields, Public Works Director Tiwari,
Community Development Director Goeckritz, Finance Director Gillespie, Police Lt.
Null, City Recorder Tennant
JENNINGSfPUGH .... approve the Council minutes of May 27, 1997 and accept the
Library Board minutes of May 27, 1~)7 as presented. The motion passed unanimously.
APPOINTMI? I rr$ - CENTENNIAL PARK COMM1Tr .
Mayor Kirksey stated that there had been some discussions on the appointment of a
CeBlgnBial Park Committee in order to move forward with plans on the development of
this project. She appointed the followilIg individuals to serve on this committee: Kathy
Figley, Mel Schmidt (Park Board member), Randy Scott (staff) and John Pitt (staff).
JENNINGS/PUGH... accept the appointments made by Mayor Kirksey. The motion
passed _unanimously.
Administrator Childs requested that he have an opportunity to meet with the Committee
to identify the scope of work and scheduling of employee time as it relates to this
project.
INTRODUCTION OF REPI~g-qENTATIVE FROM OREGON YOUTH
AUTHORITY REGARDING I,EASE PURCHASE AGR~;~:MENT WITH THE
C1TY.
Public Works Director Tiwari reminded the Council that the wastewater treatment plant
facility is located on state-owned property (MacLaren School property) and the City is
currently negotiating with the State for a new lease and/or purchase of property due to
Page 1 - Council Meeting Minutes, June 9, 1997
TAPE
READING
0182
0201
0255
COUNCIL MEETING MINUTES
June 9, 1997
the expansion of the wastewater facility. He stated that representatives from the Oregon
Youth Authority and State Administrative Servic~ have been working with the City to
put the public interest foremost when negotiating an agreement. Director Tiwari
introduced Bob Jester, Area Coordinator and former Director at MacLaren School, who
has helped to keep this issue on the forefront with State officials.
Mr. Jester stated that the State has-had a long association with the City and it has been a
pleasure to work with City staff on this issue. He is certain that an agreement will be
signed that will meet the needs of both the State and the City so that the City can move
ahead with the new treatment plant facility.
ANNOUNCEMENTS.
A) City Council Workshop on Yard Debris Recycling-- A workshop will be held on
Monday, June 16th, 7:00 p.m., in the City Hall Council Chambers.
B) 1997-98 City Budget Hearing - On June 23, 1997, 7:00 p.m., the Council will
hold a public hearing on the proposed 1997-98 City budget in the City Hall Council
Chambers.
C) City Council Workshop on Systems Development Charges and Planning Fees -- A
workshop will be held on Monday, June 30th, 7:00 p.m., in the City Hall Council
Chambers.
CHAMBER OF COMMERCE REPORT,
Donna Hendrix, representing the Chamber of Commerce, stated that the NChamber at the
Drags* has been rescheduled to July 23rd since it was rained out on June 4th. On June
12th, Chamber NAfter Hours* will be held at Northwood Health Center beginning at
4:30 p.m. and Chamber members are invited to attend. The monthly Chamber Forum
will be held on June 18th at Nautilus of Woodbum, 2241 CounUy Club Rd., at 12:00
Mayor Kirksey stated that she would be unable to attend the July 23rd event and
requested Council President Jennings to take her place in racing against Chamber
Executive Director Jane Kanz.
MAMMOTIt PARK COMMITTEE REPQRT,
Mayor Kirksey stated that the Committee will meet on Wednesday, June llth, 7:30
p.m., at Bob Eagle's office. The Committee is contiml~ to accept donations and the
financial needs are very close to being met. In regards to the use of city equipment, it
will only be used when it is not being used for city jobs and authorized drivers are
operating the equipment. The insurance coverage is being provided by the Woodburn
School District and Oregon State University. The project is coming together and it looks
as if-~e fn'st dig will be June 19th.
,3A ~
Page 2 - Council Meeting Minutes, June 9, 1997
TAPE
READING
0333
COUNCIL MEETING MINUTES
June 9, 1997
MEYER MEMORIAL TRUST GRANT.
Mayor Kirksey informed the public that a grant request submitted by former Park
Director Nevin Holly to re-roof the World's Berry Center Museum has been awarded by
the Meyer Memorial Trust. The project needs to be completed by August 1998 which
will give the museum plenty of time to do this project. She also stated that the museum
will be celebrating their 10th anniversary on July 3, 199'/.
TABLED BUSINESS - COUNCIL BILL NO. 175$: ORDINAN ~CI/~ INCREASING
LOCAL GAS TAX.
No action was taken by the Council to remove this item from the table.
TABLED BUSINES~ - WOODBURN DOWNTOWN ASSOCIATION REQUF_~T
FOR REMOVAL OF TREES ON FRONT STREET.
No action was taken by the Council to remove this item from the table.
TABLED BUSINESS - WOODBURN DOWNTOWN ASSOCIATION REQU~'~T
FOR PARKING RESTRICTIONS (TABLED UNTIL JUNE 23, 1997).
3A
COUNCIL BH,L NO. 1793 - ORDINANCE AM IDING ORD]NANC 1900
RFA3ARDING DISCHARGE OF WEAPONS,
Council Bill 1793 was introduced by Councilor Sifuentez. City Recorder Tennant read
the two readings of the bill by title only since there were no objections from the Council.
Councilor Sennings questioned the permit process since veterans are
entitled to a gun salute in which weapons are discharged there does not seem to be a
provision in this ordinance for this ceremonial action. He suggested that a separate
paragraph be included in the bill which would specifically address funerals.
Attorney Shields suggested that the Council may want to table this issue until the next
meeting at which time the Chief will be in attendance at the meeting to answer specific
questions. He also reminded the Council that the application to discharge firearms on
June 21st would not be approved unless the bill, as currently written, is passed by the
Council at thi.~ mee6n__g. He stated ~lmt the Council could adopt the Council Bill as
currently presented and then amend it at a future date to incorporate changes to meet the
concerns of the Council. He reiterated that the application for the weapons discharge is
time sensitive and approval of the application is subject to the passage of this bill.
Following a brief discussion on this bill, roll call vote was taken and the bill passed
unanimously. Mayor Kirksey declared Council Bill 1793 duly passed with the
emergency clause.
Attorney Shields stated that he will try to bring back an ordinance amendment at the next
meeting.
Page 3 - Council Meeting Minutes, June 9, 1997
TAPE
READING
0602
0704
0751
0787
0809
COUNCIL MEETING MINUTES
June 9, 1997
COUNCIL BILL 1794 - ORDINANCE APPROVING PARR ROAD IA~AI.
IIVI~ROYE~NT DISTRICT AND AUTHORIZING ~ IMPRQ~NT
Councilor Sifuentez introduced Council Bill 1794. The two readings of the bill 'were
read by title only since there were no objectiom from the Council.
Public Works Director Tiwari stated that an amended page 2, Section 3, was provided to
the Council prior to this meeting which includes the language to limit the depth from
Parr Rd. fight of way to 500' on Tax Lot #100.
On roll call vote for final passage, Council Bill 1794 passed unanimously. Mayor
Kirksey declared the bill duly passed with the emergency clause.
COUNCIL BILL 1795 - ORDINANCE APPROVING ~ DOWNTOWN ALLEY
LOCAL IMPROVEMENT DISTRICT AND AUTHORIZING ~
IMPROV MENTo
Councilor Sifuentez introduced Council Bill 1795. City Recorder Tennant read the two
readings of the bill by title only since there were no objections from the Council.
On roll call vote for final passage, the bill passed unanimously. Mayor Kirksey declared
Council Bill 1795 duly passed with the emergency clause.
COUNCIL BILL 1796 - RESOL~ON ENTERING INTO A CONTRACT WITI.~
BOLDT, CARLI,_qLH, AND SMiTH FOR AUDITING SERVIFII~ FOR FIS(~I,T.
YEAR 1996-97. 1997-98, AND 1998-99,
Council Bill 1796 was inmxluc~ by Councilor Sifuentez. The bill was read by rifle
only since there were no objections from the Council. On roil call vote for final
passage, the bill passed unanimously. Mayor Kirksey declared Council Bill 1796 duly
passed with the emergency clause.
COUNCIL BILL 1797 - R~'-SOLUTION EN'F~R~_{NG INTO AN AGRHHM]Z. NT
'iNITI:I THinZ CITY OF SAI.lgl~ FOR USE OF TIIH SAI.H]~ SENIOR ~ BY
THE gl~-l'll,~l~ S~.ilhrlO]R VOL~'I'E~R PR~~ ~
Co~or S~z ~~ Co~ B~ 17~. ~ b~ w~ ~d by rifle o~y
· e~ we~ ~ obj~fio~ ~m ~ Co~. On mH ~ vo~ for ~ p~ge, ~e bill
p~ ~~ly. ~yor ~y d~l~ ~ B~ 17~ d~y ~.
COUNCIL BILL 1798 - Ri~'-SOLUTION ENTERING INTO A CONTRACTUAl.
SERVICES AGR~EM~:NT AND DF-_qlGNATING HUGGINS INSURANCI~.
SERVICES AS THE C1'1'¥'S INSURANCE AGENT OF RECORD.
Council Bill 1798 was introduced by Councilor $ifuentez. Recorder Tennant read the
bill by title only since there were no objections from the Council. On roll call vote for
final passage, the bill passed unanimously. Mayor Kirksey declared Council Bill 1798
duly passed.
, 3AL
Page 4 - Council Meeting Minutes, June 9, 1997
TAPE
READING
0833
0874
0883
COUNCIL MEETING MINUTES
June 9, 1997
COUNCIL Bn,I, 1799 - RE,5OLUTION DIRECTING INSTALLATION OF STOP
SIGNS AT ~ INTERS~ONS OF (1) COUNTRY CLUB RD AND UMPOUA
RD AND (2) RAINIER .RD AND PRINCETON RD.
Councilor Sifuent~ introduced Council Bill 1799. Councilor laugh stated that he would
abstain from voting on this issue due to a possible conflict of interest.
The bill was read by title only since there were no objections from the Council. On roll
call vote for final passage, Council Bill 1799 passed 4-0-1 with Councilor Pugh
abstaining. Mayor Kirksey declared the bill duly passed.
CONTRACT AWARD - PARR ROAD STORM DRAIN PROJECT.
Bids were received from the following contractors for the installation of storm sewer
pipe which is one component of the Parr Rd local improvement district: 1) Scharff
Bros., $102,957.00; 2) E & A Backhoe Inc., $127,500.50; 3) S-2 Contractors, Inc.,
$133,432.00; 4) Marshall Assoc. Contractors, $134,024.05; 5) Cushing Bros.,
$144,806.50; 6) R&D Construction, $146,023.95; 7) Alliance Corp., $164,935.00; 8)
Bill Bocker Construction, $170 206.90; 9) Miller & Sons Contractors, $181,047.35; 10)
Geico Construction, $182,571.00; and 11) Davidson Utilities, $195,869.90.
As noted in the staff report, the engineer's estimate for thi~ project was $129,254.00 and
the lowest bid was 20.3% below the engineer's estimate.
JENNINGS/PUGIL.. award the construction contract to Seharff Bros. in the amount of
$102,957.00 for the storm sewer improvements on Parr Road as recommended by staff.
The motion passed unanimously.
APPLICATION FOR A DEMONSTRATION DISCHARGE OF A FIREARM.
The Northwest Artillery Club, Explorer Post//2741, has requested permission to
discharge an authentic reproduction of a 19th century fieldpiece (1851 121b "Napoleon"
Howitzer) on June 21, 1997 between the hours of 10:00 am and 4:00 pm. Various field
pieces will be on display in the Walmart parking lot and the discharge of the Howitzer
will occur away from any buildings or residences in an open field.
JENNINGS/FIGLEY... approve the request of the Northwest Artillery Club for the
discharge of a fu~am on June 21, 1997 between the hours of 10:00 am and 4:00 pm at
the Walman store parking lot.
Councilor Pugh questioned the number of times the Howitzer will be discharged since he
is concerned that it does not create complaints from the local residents.
Admires' trator Childs stated that he had been informed that the fieldpiece will be
discharged multiple times during the day.
On roll call vote, the motion passed 4-0-1 with Councilor Pugh abstaining since he did
not receive an answer to his question on the specific number of times the Howitzer
would be discharged.
3A
Page 5 - Council Meeting Minutes, June 9, 1997
TAPE
READING
0945
1010
COUNCIL MEETING MINUTES
June 9, 1997
LIOUOR LI~.~i'$E TRANSFER - RAVEN INN TAVERN.
Within the staff report, Chief Wright provided a recommendation for the Council to
provide a negative recommendation to OLCC for a liquor license transfer to Ronald
Wiebe.
JENNINGSfFIGLEY... since a negative recommendation is pending, a public hearing
be set for June 23, 1997 on this liquor license transfer request.
Administrator Childs stated that the current owner, Tim Wiltsey, did bring in a letter
today on this issue and it will be included in the next agenda packet as part of the public
hearing testimony.
The motion passed unanimously.
TENTATIVE 199%98 MANAGEMENT/NON-UNION S?,LARW. q.
Administrator Childs referred to his memo which outlines staff's current understanding
of the discussion held at the June 2nd workshop. He reminded the Council that a few
management/non-union employees would normally be entitled to a step increase during
the course of the fiscal and it would appear that these individuals would not receive the
step increase under the proposal to limit the total wages between the 1996-97 adopted
figures and 199%98 proposed expense.
During Council discussion on thi.~ issue, Councilor Jennings stated that it was not his
intent to preclude step increases due to employees, whereas, Councilor Pugh stated that
he felt the 4% overall increase was an absolute figure and step increases would not take
place if it exceeded the 4 % value. Councilor Figley stated that she did not vote in favor
of the Budget Committee's recommendation even though, in hindsight, the increases
could have been implemented over the next two or three years and she supports the wage
freeze into the merit range but is opposed to the limitation as proposed by the Budget
Committee since she believes in the results of the study and is not interested in making
any changes. Councilor Sifuentez stated that she would continue to support the Budget
Committee's recommendation. Councilor Chadwick agreed with Councilor Figley's
statements.
JENNINGS/PUGH... Council adopt the 1997-98 management/non-union salary levels as
outlined in the memo from the City Administrator.
On roll call vote, the motion passed 3-2 with Councilors Chadwick and Figley voting
nay.
Mayor Kirksey stated that she feels that the Council needs to address the outstanding
issue of merit on a timely manner since there are employees that deserve to be looked at
for merit.
Councilor Figley stated that it is very clear that merit is an issue and she is concern that
merit is not the same as longevity and quantifible objectives are not found in every
department.
Councilor JenninEs agreed with comments made on the merit issue but the motion passed
restric~ payment of wages into the merit range would not he allowed in 1997-98.
, 3A~
Page 6 - Council Meeting Minutes, June 9, 1997
COUNCIL MEETING MINUTES
June 9, 1997
3A
TAPE
READING
Mayor Kirksey stated that, in her opinion, there is a difference in how the Council elects
to implement a merit pay system and it will ultimately be the will of a majority of the
Council when and how a system is implemented.
Councilor Pugh expressed his opinion that the Council needs to respect the wishes of the
Budget Committee even though some staff member~ are deserving of raises but the
voters of Woodburn voted in favor, of Measure 47 to [imit property taxes. Fulllre
planning on how to implement future increases may have a greater impact on the
public's perception rather than ignoring the wishes of the public at this time.
Mayor Kirksey stated that she did not feel that taking the leadership and looking at the
merit issue is inappropriate at _this time, therefore a workshop on this issue should be
called for within the near future.
1345
APPROVAL OF CLAIMS FOR MAY 1997.
SIFUENTEZ/PUGH... approve claim #36813 - 37130 issued for the month of May
1997. The motion passed unanimously.
1360
SITE PLAN ACTIONS.
A) Site Plan Review g97-04 RE: K_entec Heating Warehouse, 2129 N. Front Street.
action was taken by the Council on this issue.
No
1380
STA R PORTS.
A) Preliminary Title Report for Woodburn Senior Estates Park --
Attorney Shields stated that the report has not been received back from the Title
Company and he will be contacting them this week to obtain a status report.
B) Evaluation and Work Program for Periodic Review of the City's Comprehensive
P/an -- The report summarized the Planning Commission's review and
recommendations of the work to be accomplished in updating the City's plan.
C) City Hall Roof Repair ~ The contractor will begin the replacement of the roof on
June 16th unless the wearer delays their completion of jobs at other locations which
were scheduled to be completed before the City Hall project.
D) 1997 Local Law Enforcement Block Grant- Staff will be applying for a direct
1997 IJ.g. RG award of $17,368 from the Bureau of Justice Administration and, if
received, will be used to for capital improvements for public safety purposes in the
1997-98 budget. In 1996, _this same gram program provided funds for the purchase of
the Police Department's new Community Action Vehicle (CAV).
E) Building Activity Report for May 1997.
Page 7 - Council Meeting Minutes, June 9, 1997
COUNCIL MEETING MINUTES
June 9, 1997
TAPE
READING
.,1490
ADMINISTRATOR'S REPORT
Administrator Childs distributed copies of a recent legislative bulletin from the League of
Oregon Cities alerting cities that a House vote on Transportation funding is expected for
June 10th and they urged public officials to contact their representatives to support the
bill.
Mayor Kirksey briefly commented on the need to contact Rep. Milne to let her know of
our support of this bill since she has publicly expressed her opposition to the
Transportation package even though, at the Council's hearing on increasing the gas tax,
she publicly stated that the City should not increase the tax rather it should be increased
state-wide.
1689
_.MAYOR AND COUNCIL REPORTS,
Councilor $ifuentez stated that the City has an excellent staff and does a wonderful job
in maintaining the City, however, the Council needs to listen to the public.
Councilor Pugh stated that the City has some of the best people on staff, however, this
issue is about the escalated method in which the implementation of the matrix was
accomplished. He also stated that he had seen a comment in one of the local newspapers
from our local representative who now suggests that the City vote for the $.02 gas tax
which is contrary to her earlier opinion. In hin opinion, an overall state tax would be
more fair since it would not treat our local gasoline dealers unfairly.
Councilor Figley expressed her appreciation to the Adminin. trator for forwarding a copy
of the list of issues for Council review and discussion over the next few months. Of
these issues, the one she wanted to bring to the Council's attention is how to reward
staff for efficient department management when such management results in cash
savings, and, in her opinion, merit is involved which is an issue that needs to be
discussed soon in a workshop format. She also thanked the Mayor for the appointment
of a Centennial Park Committee and she hopes to get this project moving very soon.
Councilor Jennings stated that he had attended a workshop with the Transportation
Commi~ion on collaborative decision making which was very informative. He
reminded the Mayor that she would be taking his place at this meeting on July 3rd and
he will forward the agenda to her as soon as he receives it. In regards to the State
Transportation Plan, this has been a topic of discussion at the Transportation
Commission meetings and, ff it is passed by the legislature, it will be a relief to every
city, county, and the state. In doing some research on thi~ issue, Woodbum will realize
about the same amount of money that would be received if we were to pass the $.02
increase in our existing gas tax. The problem in the legislature is not the gas tax portion
but the $1.20 per month charge on the telephone bill.
. 3A
Page 8 - Council Meeting Minutes, June 9, 1997
TAPE
READING
1850
1928
1948
1963
1985
COUNCIL MEETING MINUTES
June 9, 1997
Mayor Kirksey reminded the public that the 4th of July Celebration is coming up and
donations for fireworks can be sent to the Woodbum Kiwanis, Noon Club, P.O. 1046,
and she stated that she would be soliciting pledges from the-Council for this funddrive.
PUGtFFIGLEY... Representative Milne be advised that the Council is on record in
support of the stute-wide gas tax before the legislature so that there is no unfairness to
local gasoline dealers. Following a brief discussion on the content of the motion,, the
motion passed unanimously.
Mayor Kirksey also suggested that, after talking to several Councilors, workshops not be
held on Saturday and longer meeting nights be scheduled to address issues on the list
before the Council.
EXECUTIVE SI~SION.
JENNINGS/FIGLEY .... adjourn to executive session for the following purposes:
1) To conduct deliberations with persons designated by the governing body to negotiate
real property transactions under the authority of ORS 192.660(1)(e);
2) To consult with counsel concerning the legal rights and duties of a public body with
regard to current litigation or litigation likely to be fried under the authority of ORS
192.c x1)Cn); and
3) To consider records that are exempt from public inspection under the authority of
ORS 192.660(1)(0.
The motion passed unanimously.
The meeting adjourned to executive session at 8:05 p.m. and reconvened at 8:39 p.m..
JENNINGS/FIGL~Y... in the case of Mar-Dene vs Woodbum and Jensens, 96136 and
96219, that the ~ Attorney be insuucted to appeal the decision to the Oregon Court of
Appeals. The motion passed unanimously.
AD, 0 ,
JENNINGS/SII~'~__,Z... meeting be adjourned.
The meeting adjourned at 8:41 p.m..
The motion passed unanimously.
3A
ATTEST
Mary Tennant, Recorder
City of'Woodbum, Oregon
Page 9 - Council Meeting Minutes, June 9, 1997
APPROVED
NANCY A. KIRKSEY, MAYOR
Executive Session
COUNCIL MEETING MINLrrES
June 9, 1997
.3A
DATE. CONFERENCE ROOM, CITY HALL, CITY OF WOODBURN, COUNTY OF
MARION, STATE OF O~N, JUNE 9, 1997.
The Council met in executive session at 8:05 p.m. with Mayor Kirksey presiding.
ROLL CALL.
Mayor Kirksey Present
Councilor Chadwick Present
Councilor Figley Present
Councilor Hagenauer Absent
Councilor Jennings Present
Councilor Pugh Present
Councilor Sifuentez Present
Mayor Kirksey reminded the Councilors, staff, and press that information discussed in executive
session is not to be discussed with the public.
Staff Present: City Administrator Childs, City Attorney Shields, Public Works Director Tiwari,
City Recorder Tennant
Press: Patrick Johnson, Woodbum Independent; Mark Goldstein, Northland Cable
1) The first part of the executive session was called under the authority of ORS 192.660(1)(e) to
conduct deliberations with persons designated by the governing body to negotiate real property
tran.~ctions.
Public Works Director Tiwari left the meeting room before discussion began on the second part of
the executive session.
2) The second part of the executive session was called under the authority of ORS 192.660(1)(h)
to consult with legal counsel concerning the legal fights and duties of a public body with regard to
current litigation or litigation likely to be filed and under the authority of ORS 192.660(1)(0 to
consider records that are exempt from public inspection.
The executive session adjourned at 8:38 p.m..
APPROVED
NANCY A. KIRKSEY, MAYOR
ATTEST
Mary Tennant, Recorder
City of Woodbum, Oregon
Page 1 - Executive Session, Council Meeting Minutes, June 9, 1997
MINUTES
WOODBURN PLANNING COMMISSION
MAY 22, 1997
3]3
_Q.O..(~~. The Planning Commission met in regular session at 7:00 p.m. with Chairperson
Atkinson presiding.
ROLL CALL
Chairperson Atkinson Present
Vice Chairperson Will Present
Commissioner Schultz Absent
Commissioner Lawson Present
Commissioner Frawley Present
Commissioner Palmer Present
Commissioner Torres Absent
Commissioner Warzynski Absent '
Commissioner Young. Present
Staff Present:
Steve Goeckritz, Community Development Director
Naomi Tejeda, Assistant Planner
Teresa Engeldinger, City Planner
MINUTES
Commissioner Frawley motioned to approve the minutes,
motion passed unanimously.
Commissioner Will seconded. The
BUSINESS FROM AUDIENCE
None
COMMUNICATIONS
None
PUBLIC HEARING
SITE PLAN REVIEW 97.04 KENNETH Lr=DBETTER. PROPOSED 6.000 SQUARE FOOT
STRUCTURE TO HOUSE KL=N'TE~S WAREHOUSE AND ADMINISTRATIVE Nr=r=_ns
LOCATED AT 2'129 N. FROM STRr=L='T,
Staff
· Staff read the opening statement for land use headngs (required by ORS Chapter 197).
· Site is zoned IL Ught Industrial.
· Applicant has met all required setbacks.
· Access from Front Street will be closed, a new access will be located off of Hazelnut Drive.
· 15 parking~s, paces am required, there will be 21 spaces provided. A condition of approval
is that the applicant acFjust the length of the parking stalls one foot and increase the aisle
Page I - Planning Commission Minutes of May 22, 1997
width specified to rr. cct the paldng requirements.
be moved from the front yard setback.
The one parking stall in the front should
Landscaping in the parking lot should include one large tree or an additional tree.
The monument sign rr, c~,s the height and square footage requirements, however, the sign
lies within 10 feet of the property line adjacent to Hazelnut Drive. A condition of approval
will be to move the sign to comply with the Zoning Ordinance regarding vision clearance.
Staff recommends approval of this SPR with conditions of approval as stated in the staff
report.
Commissioner Palmer
· VVhy is there a request for awnings on the building?
· Staff felt that since this was a metal building, awnings would provide a more aesthetic look.
Chai .merson Atkinson
· Verified that there will be I handicap parking space designated from a total of 15 parking
spaces provided. If there are 15 employees, and all of Ihem are working, will this jeopardize
the one handicap space.
Staff
· There will be 21 parking spaces including loading spaces. The parking requirements have
been met.
Chai _merson Atkinsoq
· This project will be closing Front Street access and adding an access on Hazelnut. The
access onto Hazelnut will contribute to additional traffic, thereby taking away the quiet
street that was previously described in past meetings.
Staff
· Hazelnut will get busier as development off that road develops. There are not any other
adjoining accesses on the opposite side of the street therefore them is good distances for
this access.
Chai .r0erson Atkinson
· Are there any ex parte contacts?
Commissi(~ners
· There were none.
Testimony of .A.~.o. licant - Corbin Shay,
· Agree with most conditions of approval presented by staff.
· Clarification of the medium tree in the staff report is actually an existing large tree.
· Questioned the sidewalk requirements, what is the proposed development along Hazelnut?
· Questioned.whY the golfcmxse maintenance facility across the street, that was built within
the last four years, has not put in sidewalks. Why has this done bccn done?
Page 2 - Planning Commission Minutes of May 22, 1997
3~B'
Staff
· Hazelnut represents a street that goes through a very large development area, at the time
of full build out, there will probably be approximately 700 to 800 homes in that area.
Therefore, sidewalks are required by developers.
· The golf course maintenance facility will be required to put in sidewalks along that whole
drive.-
Vice-Chaimerson Will
· Questioned if the developer did not want to put sidewalks in at this time.
· At this time, Hazelnut has no traffic, or pedestrian traffic, it is not a through street, there
is one maintenance facility down the road. He questions whether there is a sidewalk
required at this time.
Vi(;e-Chai .roerson Will
· Questioned staff regarding the time requirement in puffing the sidewalks in, and verified that
the sidewalks are a requirement of the approval.
· Questioned ~#hy the golf course maintenance facility did not have a sidewalk in place at this
time.
· The sidewalks am required to be installed at the time the facility is built. VV'ithout that
stipulation, it becomes much mom difficult in the future to have someone implement that
improvement. Therefore, this condition of approval is required to prevent problems in the
future. Due to the large school expansion and the future development of the homes in that
area, all sidewalks in that area will be required.
· Prior to occupancy, sidewalks will have to be installed.
· The golf course maintenance facility Will be required to complete full mad improvements
along with sidewalks. Staff will confirm this for the commission.
Testimony of Pro.oonerlts
· None
Testimony of Oooonents
· None
Public Hearing was closed.
Commissioner Frawley
· Verified that the sidewalks would be required as a condition of approval.
Page 3 - Planning Commission Minutes of May 22, 1997
· Yes, this would be a requirement of approval. ..
Commissioner Lawson motioned to approve SPR 97-04 with the stipulated conditions. Vice-
Chairperson Will seconded the motion. A vote was taken, the motion passed unanimously.
· Applicant ~ proposed a subdiVision and site plan for the Hollywood Video. In the
somP~Se a~~ ~~~..I.l.l~__s~d__on__l~ ~ ..of the application, staff made
.... · ~'~"~'g,.=,= ,.~rec~ regarolng me tact that Payless was a
participant in this proposal. As you may recall at the public hearing there was a
representative from the Safeway Corporation who stated that Payless is not part of this
issue, they are on their own separate parcel. That needs clarification, 'therefore the
applicant requested continuanco and waived the 120 day rule until June 12, 1997. Due to
the amount of time that was taken on the front end of this application, after it was found to
be complete, the amount of time it took to get to the actual headng which was held up
because the applicant wanted to submit the subd'wision proposal along with the site plan,
more time elapsed.
Payle.ss has not yet been contacted as a partnership in this proposal. Safeway is in
negotiation with this trust as to where
uncertainty on this proposal, the Hollywood Video should be located. There is
elar~. ing st. afl is required to process and follow tiTough to some conclusion of a land use
anng on a issue within 120 days. With all' this confusion, the 120 days is fast
approaching without resolution. Consequently, staff has the following options to prevent
legal action.
The first options are identified within the city attorney's memorandum to the staff. That
identifies the alternatives that am before staff. Basically, before staff runs up against the
120 day rule, one oPtion is that the planning commission just deny the application.
Ilklltll ["ark I-~l cor]~ .... ,/ ..
aza, eying that an a reement will -
have ua . . .g . soon I~..reached. Staff does not
he woar~uidg I~m~le~si~ th~ ths*~nV~" be,~na~h~,.v,,e~l..~__re~ble ,!me._Mr. Wolf stated that
recomme,,,~.-,=~--...,~_ng_, ..... ~ .a..1,.,, ,.,oy w~[v~ agreement rather than have the
The city attorney wrote a 120 day waiver for the applicant to sign, which was faxed to Mr.
Page 4 - Planning Commission Minutes of May 22, 1997
3B
Mark Wolf for his signattxe. If this waiver is not signed or an agreement is not reached by
the June 12 meeting, then staff will recommend denial of this application: However, if
something can be worked out and written evidence is submitted that there is agreement of
the parties, then the application will be addressed on the June 12 meeting.
If the 120 waiver is signed, then time will not be an issue.
Commissioner Palmer
· When is the 120 day period up?
· There is approximately 50 days remaining.
Commissioner Palmer
· His concern is that if the commission waits until June 12 and them is not a quorum, then
this could be a problem for the comn~ssion. It appears that there is enough time before the
120 days expires. -
· If one of the parties wishes to appeal a planning commission decision to the city council,
then a 20 day notirmaaon would be required prior to the hearing. Consequently, time is still
critical.
Commissioner Palmer
· Re-stated his concaTt reganling lhe meeting of June 12 and a lack of a quorum if this issue
is not resolved by that time via a 120 day waiver.
Commissioner Frawlev
· As the state mandates this 120 day rule, can the waiver be denied by the state?
Staff ·
· No the state allows this waiver of the rule in the statue.
Vice-Chairoerson Will
· Did Mr. Wolf kxficate, in his original testimony, that Lot 3900 was totally separate and that
he did not have any control over it? Originally Mr. Wolf gave the impression that he
controlled eva34hing. Mr. Wolf indicated that he had spoken to everyone, yet Mr. Wyman,
from Safeway, stated lhat he did no~ meet the gentlemen. Personally, I feel that we should
deny the application and start all over again.
Staff
· Yes, that is the way the application read. The application identified both tax lot 3900 and
lot 4000, even though lot 3900 is actually the lot that is owned by Payless. The title
3]3
Page 5 - Planning Commission Minutes of May 22, 1997
' 3B'
company provides a list of property owners with 250 feet for a subdivision and 100 feet for
site plan review and Payless was not listed as one of the property owners; they were not
noticed and this is another problem with the application. There is miscommunication and
misinformation regarding this application.
Chaireerson Atkinson
· If the commission is in continuance, can the commission deny the application if there is a
request to continue the headng.
Staff
· The commission has the opporkxdty to deny the application. One of the difficulties with that
is that the parties are not present, they should have an opportunity to speak to the issue.
Mr. Wolf is meeting with all of the involved parties and is trying to work out all the issues
involved with getting this project built. He stated lhat he would sign the waiver, the 120 day
rule did not concern him.
Commissioner Palmer moved to continue the Subdivision 97-02 & SPR 96-21 hearing until June
12, 1997. Vice-Chairperson Will seconded the motion. The motion passes unanimously.
CLOSED PUBUC HEARING: PERIODIC REV!L-'2W EVALUATION OF THE COMPI~FH_ ENSIVF
LAND USE PLANS AND IMPLEMENTING ORDINANC_$ (CONT'D FROM 5-8-97~.
ADOPTION OF FINAL ORDER-
· Presented a draft of the final work evaluation and proposed work tasks for staff to
accomplish over the next three years.
· Staff mad the following ooffections into the record:
· Page 3 - Work Program Topics, S .ubtasks No 2:
'Coordinate with Marion County to develop a 20-year population projection to determine
the potential demand for commercial and Industrial land by sector.'
· Page 4 - Population/Housing/Economic% last sentences of paragraph:
'Staff does not have data to determine if there is a 20 year supply of land for industrial,
commercial, residential, parks/open space, and land for public use. A buildable land
inventory will be conducted as similar to requirements of ORS 197.296.
· Page 4 - Wed( program Topics, ~ No. 2:
'Coordinate with Marion County to develop a 20-year population projection.'
· Page 4 - Work Program Topics, Subtasks No. 10:.
'Analyze growth management measures/pubr~c facilities strategy and develop necessary
ordinances.'
· Page 4 - Work Program Topics, Sul:f(asks No. 11:
Omit, the reason this is being omitted is because once staff does the buildabe lands
Page 6 - Planning Commission Minutes of May 22, 1997
inventory there will be discussions and analysis of the UGB.
· Page 5 - Work Program Topic, Subtask 2 & 3:
· "Coordinate with Marion County to develop a 20-year population projection to
determine the potential demand for critical services.'
· 'Coordinate with Marion County to develop a 20-year population projection to
determine the potential demand for essential services, i.e., parks/open
space/schools.'
Suggestions from the public hearing were added.
Commissioner Palmer
· Public or private meeting facilities and initial perking requirements should be included.
Staff
· This will be covered.
· Final order was presented.
Commissioner Lawsofl
· Will one staff person be able to complete this task over the next three years? How much
time is involved?
· Staff believes lhat ~e planning may be funded by the state for providing consultants
to assist staff in the completion of this project.
Vice-Chaimerson Wi!~
· Does Public Works contribute funds to assist with the Wast°water Treatment/Storm portion
of this project?
Staff
·
Not exactly, Public Works will be doing 'a lot of the work. Technical documents have been
.developed and the analysis and conclusions have already bccn done. All staff has to do
~a,x.~..~.~m ~ ~a~ ua~K [0 ~ [ecnlllcal Sl:UCIleS to substantiate the 13oa15 and oolici,a.<
r.e will nccd to be a meeting on June 5, 1997 for the discu~sior, ,',~ ;~,~ e;~
velopmenL ....... '-""°" '
Commissioner Palmer motioned to approve the Periodic Review Evaluation Work Program as
presented. Commissioner Young seconded the motion. A vote was taken, the motion passed
unanimously.
Staff
· Complimented Teresa for her work, when the state looked at her review they found it
Page 7 - Planning Commission Minutes of May 22, 1997
3B
unique, readable and one of the better analyses of our programs. She did a very good job
on this program.
DISCUSSION ITEMS
SPR 96-15 Oil Can Henpj's
Staff
· ODOT has decided they will require the right-turn-only, as requested by the staff and
commission. They will also require a physical barrier that will permit only right tums.
Commissioner Yo~rlg_
· Is that the only access to Oil Can Henry's, is there an access in the back?.
· Originally there was going to be an access through Bi-Mart, however, this could not be
negotiated between the two parties.
SPR 97-03 Woodbum High School Expansion
· A letter from ODOT regarding the closure of access on 214 was discussed and will be
evaluated pending the outcome of a traffic study which will be conducted.
Minor Partition 97-03 located at 849 W. Blaine Street
· This was approved by stalf following the criteria requirements. The commission recognized
this partition. A letter was received after this process, this letter was discussed with the
applicant. The letter was from Joe E and Doris M. Walker, regarding their fence, this is not
a land use issue, it is a civil issue. However, there was some concern regarding the
recognition of the letter. There is a ten day appeal of this decision, however, the time for
an appeal is pasL Notice was provided to surrounding properties.
Testimony from audience - Eldon Clark. 845 McKinley Stree~t
Received the notice in the mail on 'Itu,sday, wilh a requireme~ to have a letter into the city
on Monday. He stated that more time for appeal would have been appreciated, he was not
at home and did not have the time to appeal the decision.
He does not feel that the division of the property is in the best interest of the city, the
community, or property owners in the ama.
Doris Walker. 777 Blaine Street
· Their property is located next to the partitioned lot. There was a surveyor in March of 1996.
There are three different stakes, she questions which is the correct mark.
Page 8 - Planning Commission Minutes of May 22, 1997
Ap.olicarit - Pete Kelly
· To address Mrs. Walker's concern, the original survey is still the same four-comers. The
other stakes were for the placement of the manufacture home, the other one was to verify
that setback requirements were met.
Staff
· When' the notice of decision is sent, there is a 10 day period from the date of when the
notice is sent, not the date of the planning commission.
· This is a matter for the property owners to resolve.
Vige-Chaimerson Will
· The letter from Mr. Engle states that since the fence was there for ten years or longer, this
now establishes the property line. How is this handled ~ben an applicant comes before the
commission or staff?
· Was there any response to this letter from Mr. Kelly?
Staff
· Adverse possession in this case caused staff to be prudent and verify setbacks from the
fence and property line to determine' that there would be adequate square footage to meet
the standards, which in this case it does.
· There was verbal response between Mr. Kelly and the attorney.
Signing of the Phase Ii Preliminary Plat for Heritage Park
Staff
· This has been reviewed along with public works and engineering.
The plat was signed by Chairperson Atkinson.
Staff
· Reminded commiSSion of June 5, 1997 meeting.
Commissioner Palmer
· Requested a reminder call.
BUSINESS FROM THE COMMISSION
None
Motion was made and seconded to adjourn the meeting. The motion passed.
Page 9 - Planning Commission Minutes of May 22, 1997
TO:
FROM:
SUBJ.:
DATE:
Mayor and City Council
Chris Childs, City Administrator
Correspondence from B. Dodq~
June 19, 1997
The mayor requested that a letter the Police Department received from a Benny
R. Dodge be included in this council packet. Dodge's letter is attached along with the
city's response, which reflects the existing city policy in regard to obnoxious
vegetation. You may wish to refer also to a previous staff report regarding
enforcement policies that was included in the April 28, 1997 council packet.
BENNY R. DODGE
P.O. Box 207
Hubbard, OR 97032
(503) 982-0237
June 12, 1997
Ken Wright
WOODBURN POLICE DEPARTMENT
270 Montgomery Slreet
Woodbum, OR 97071
Re: 1404 Hardcastle
Dear Sir:
I am addressing this letter to you in an attempt to stop what I believe is harassment by Officer Culver and
the city of Woodbum.
Once again we are receiving violation notices for our tax lot number 42522-000. A copy of this notice,
dated May 28, 1997 is enclosed. Our tenant paid to have that lot mowedjust prior to that date. At that time the yard
at 1404 Hardcastle was knee high in spots with a scant amount of dandelion weeds. However, the lot next door,
which the owner nor the city has attempted to maintain for in excess of two years, is 5 to 8 feet tall in spots with
weeds and berry bushes.
We are constantly having to fight those same berry bushes to keep them fxom covering our property as
well as our buildings. Enclosed are photoglaphs that were taken this date so that you might s~ ~aictly what I'm
talking about. This was the same thing I had to go through last year with Office Culver in addition to many
telephone calls etc. I do not know if the city assumes that the lot with the lack of maintenance belongs to us or if the
city is choosing to harass me because I do respond to you. Last year I ended up going to the Doctor because of the
perpetual .~ent concerning the lack of care to 1404 Hardcasfle I will not a~
continues ~ wm contact my attorney and file suit ,~i,~t ,~,, r,:,.. A,, ~,;_-~ .,,o ~,,,~ ~mu. msteaa, ~r this
--~ ....... ~ m ~voooourn. in turn we will be contacting the
owner of that property to see if the city has in fact sent him letters or fined him for the negligent maintenance of that
lot at any time during the past 2 to 3 years. It becomes a fn'e hazard later in the summer and yet the city doesn't
seem to feel that it should be maintained, only the lot at 1404 which as you can see grows dandelions - not berry
bushes and weeds high enough to almost block the view of any house on 1404 or attached addresses on Carol.
Please let lids also serve as notice that we will hold the City of Woodbum responsible if there is any damage to our
property due to the lack of care to the neighboring lot.
I do wish to receive a response from you and your police depamnent concerning this matter.
cc: Nancy Kirksey, Mayor
Officer Michael Culver
John Heald, Attorney
,6A
WOODB URN POLICE DEPARTMENT^
270 Montgomery Street · Woodburn, Oregon · 97071
Phone (503) 982-2345 Fax (503) 982-2370
Chief of Police · Ken Wright
Ctimiml ~ns · LC Don Eubank
Paud Operations · LC Paul N~ll
June 16. 1997
Benny R. Dodge
P.O. Box 207
Hubbard, Or. 97032
Subject: 1404 Hardcastle
Dear Sir/Madam,
In response to your June 12, 1997 letter regarding harassment by Officer Culver and the City
of Woodburn. R appears that your concern is for the violation notioo-that. I d~ Officer
Culver to deliver. Fach year the city notifies numerous properly owners of the regulations
of Ordinance 1822. Ordinance 1822 requires that obnoxious veg~n i.e., grass, weeds,
and other undesirable vegetation to be mai~taed .at a height not to,~toOed 10 itw. hes. This
ordinance is enforced ~hrough out the city between. May lst..and .~. ~ ~0th of each year
since its passage in 1983. This year we have notified over fifty. Pmk. owners that their
properties are or may be in violation.
Upon receqX of your letter I went to the location at 1404 avd 1422 :~~ and reviewed
both lots. !~~. that on Monday, June !6th, your regdeoco.'~.l~:~e had
been mowed. The lot at 1422 Hardcastle had not been moW,eZl.~:~i~;. '.~e proPerty.
owners of 1422 Hardcastle have been delivered a nOtice and'hlivC-~' l~th to mOW
their property or will be in violation of city ordinance. The city will b0'otxlering the lot to
be cut this week semiing the property owner the billing as requirgxi .by~..~dinlm~. ~ .
Should you have any other questions or comments please do not he, Rate to contact me.
Sincereb ,~,'
Woodbum Police DeparUnent
· * ' r
TO:
FROM:
SUBJ.:
DATE:
Mayor and City Council
Chris Childs, City Administrator
Budget Hearing - Fiscal Ye.-r 1997-9T'
June 19, 1997
The budget hearing scheduled for this evening (June 23, 1997) is for the
purpose of receiving public comment on the City's F.Y. 1997-98 budget. No formal
action is required on the part of the Council at the conclusion of the hearing; an
ordinance adopting the budget will be presented for Council action at a special
meeting to be held on Monday, June 30, 1997.
The approved budget was passed unanimously by the City's Budget Committee
on May 22, 1997. The Budget Summary and Notice of Hearing was published in the
June 4, 1997 issue, and the Second Notice in the June 11, 1997 issue, of the
Woodburn Indeoenderlt. This public hearing concerns the entire City budget, including
consideration of how State Revenue Sharing funds will be spent, as required by state
law.
The 1997-98 budget reflects the impacts of Measure 47, passed by Oregon
voters at the 1996 General Election, and its successor, Measure 50, passed by voters
on May 20, 1997. The Budget Committee has determined the service levels and
programs that will be available to residents within the constraints of these new
property tax limitations.
The total budget for all funds is $33,708,883. Total budgets for the principal
tax-supported funds are as follows: General Fund - $3,255,547 (of this amount,
64.8% represents public safety; police, code enforcement and emergency dispatch
services); Transit Fund - $168,349; Library Fund - $746,145; and Recreation & Parks
Fund - $1,150,170. Of these amounts, a total of $382,964 has been reserved to
unappropriated balances, meaning that those funds are unavailable for expenditure
during the fiscal year. Other fund totals are as described in the budget
documentation.
Local property tax support of the approved budget consists of the following
levy elements:
Tax Base -i- Annexation Value Increases
Library Continuing Levy
Rec. & Parks Continuing Levy
$2,130,543
$987,27O
Page 2 - 1997-98 Budget Hearing (6/19197)
8^
Total Levy Authority Subject to Limitation
Bonded Debt Levy (Outside of Limitation)
Total - All Property Tax Levies
$4,651,074
$4,841,437
Excluding the bonded debt levy, which falls outside of the Constitutional
property tax limitations (created previously by Ballot Measure 5 and more recently by
Ballot Measures 47/50), the City anticipates actually being able to collect some
$2,907,071 of taxes levied, representing 60% of the Levy Authority noted above,
The balance is lost to the artificial controlling factors created by Measures 47/50,
Measure 5 "compression' or to allowances for delinquencies and uncollectible taxes,
Very little detail needs to be repeated here. This budget has been one of the
most widely publicized and discussed city budgets in recent years.
There are no bold new initiatives or innovative additions to the 1997-98 budget.
Rather, the budget is most notable for what has been preserved or kept from being
lost in the face of the new property tax limitations. Fortunately, specific losses have
been limited. The Budget Committee has determined that, to keep youth-oriented
programs viable, Recreation & Parks senior leisure programs and a related Recreation
Coordinator position will be eliminated. One other half-time permanent position has
been eliminated elsewhere in the budget as a result of job-sharing and other
adjustments. Also, an Aquatics Program Manager position (presently vacant) will be
eliminated and a currently vacant Police Sergeant position will be left vacant for the
1997-98 fiscal year.
Otherwise, the budget maintains remaining Recreation & Parks, Librery,
Community Development, Transit and Dial-A-Ride programs, as well as most General
Fund programs, at a generelly slimmer, but arguably 'status quo", level. As
previously initiated by the city council, level of service and funding for legal services
has actually been increased. Funds have been identified in various areas for increased
capital purchases and improvements as well as needed technological upgrades.
Public Works funds, which unavoidably represent the lion's share of the city
budget due to the costs associated with the provision of all customary types of
physical infrastructure, reflect the ongoing task of accommodating the rapid growth
of the community. Most notably, the budgets reflect continuing progress toward the
$40 + Million wastewater treatment plant and collection system upgrade, major street
projects and initial implementation of elements of the city's Master Water Plan.
Page 3- 1997-98 Budget Hearing (6/19/97) 8,~
Due to the unique effects of Ballot Measure 47 and, subsequently, Measure 50,
the city's two continuing millage levies (Ubrary/Recreation & Parks) have been
calculated to be levied at the maximum amount allowed under law. This will allow the
city a one-time-only opportunity to have existing levy authority incorporated into a
permanent tax rate created by the legislation. However, because of remaining
uncertainties connected with the new tax limitation laws, the city has budgeted in a
conservative manner such that existing programs will not be harmed if property tax
revenues do not accrue as anticipated.
A fundamental feature of the previous Ballot Measure 5 property tax structure
still remains intact: No taxpayer will pay more than $10 per $1,000 of property value
for all combined general government (non-school) purposes.
The budget that has been developed should serve adequately for continued
provision of basic city services during the coming year, as well as leave the city in a
reasonably solid position to enter the ensuing second year under Measure 50;
something that may indeed prove problematical for many local government entities.
The final budget ordinance to be presented for approval on June 30th will
reflect some minor adjustments to the manner in which it was approved by the Budget
Committee. These reflect subsequent council actions, any changes resulting from this
hearing, and updated re-budgeting of some current year projects that will not be
completed by June 30, 1997.
A considerable amount of detailed documentation concerning the F.Y. 1997-98
budget has been, and continues to be, available for public review. Staff is routinely
available to answer specific questions in regard to various budget components.
I commend the City's department heads and staff for the considerable time and
effort dedicated to researching and presenting well documented and sensible
departmental budgets based on many collective years of experience in understanding
what is needed to operate a city of this size effectively.
City of Woodburn
Police Department
STAFF REPORT
Ken
Chief o
Date: May 23, 1997
Woodburn, Oregon 97071
(503) 982-2345
To:
Mayor and Council
Subj~t:
Liquor License Recommendation
Applicant:
Wicbe Jr., Ronald D.
3435 Mock Orange Ct. S.
Salem
DOB:092051
Location:
Raven Inn Tavern
262 N. Pacific Hwy.
Woodbum
Lie/Type:
Recommendation:
RMB (Retail Malt Beverage)
The City Council provide a negative t~:om,m~oll to thc Oregon
Liquor Control Commi~ion for liquor license approval of Mr. Ronald
Wiebe Ir.. This recommendation based upon factual information of
Mr. Wiebes' behavior and conduct prior to and during the application
process.
In approximately February 1997 I was contacted by the owner of the Raven Inn Tavern, Ms.
Tina Wiltsey and a Mr. Pon Wiebe. Ms. Wiltsey stated that Mr. Wiebe was intending to
purchase the Raven Inn Tavern. The OLCC required both owner and applicant to meet with
the Woodburn Police and obtain a recommendation regarding the licel]se trnnnfer process.
We discussed the compliance plan attached to the Raven Inn Tavern license and briefly
discussed Mr. Wiebes' criminal history. At the end of our conversation I informed .Mr.
Wiebe that it would be necessary for he and all other p 'rmcipals of the proposed purchase to
provide individual history information on the applicable OLCC form. That then and only
then could thc police department complete a inve~'gation and provide a informed
recommendation.
Raven eom.page 2
In approximately April 1997 applicant Wiebe provided the Individual History information on
the provided forms. At this time the police department begin the investigative process and
concluded the investigation in May 1997.
Upon review of the completed investigation it is noted that in October 1993 Mr. Wiebe was
arr~ted for Burglary 1st degree and Driving Under the Influence of Intoxicant.
Additionally Mr. Wiebes' arrest record revealed he Was charged with numerom other
offenses. During my February discussion with Mr. Wiebe, he had brought to my attention
that he and his ex-wife had been involved in a volatile domestic dispute in 1993. And that
all charges were dismissed by the district attorney. In review of Mr. Wiebe criminal history
this was the case except that. It appears that aH charges were di.nmi.~?~cl accept for a Assault
4th Degree (mi~emeanor) charge. That on Feb. 28, 1994 Mr. Wiebe was coavicted of
Assault 4th Degree. Additionally Mr. Wiebes' cr'uninal history reveals that Mr. Wiebe
competed a diversion program on December 7, 1995 for the Driving Under the Influence of
Intoxicants. The diversion resulted in a dismissal of the conviction.
In February 1997, during the licensing investigation process, it was reported that applicant
Wiebe entered the Raven Taver~ informed the on-duty bartender he was buying the business
and demanded free beer. Wiebe was on the premi.qes giving orders to the employees. At
this same incident Wiebe yelled, 'turn down that wetback music!, when I talin over I'll get
rid of aH this shit!!'. ~ occurred at approximately midnight and the on-duty bartender
'called owner Wiltsey at home. Wiltsey in turn called Wiebe Irs' father. Mr. Wiebe Sr.
called applicant Wiebe Jr. on his cell phone and told Wiebe Ir. to leave the Imsine~s
immediately. It was relayed to the police investigator that Mr. Wiebe Jr. was not taking is
medication, lithium, and flaat was why he (Wiebe Jr.) was acting that way. Police were told
that after thi.~ reported incidem Wiebe Sr. then traveled to a second cstabli.~hment owned by
Wiltsey and caused a disturbance and was ejected by the on-duty bartender.
In both February and April 1997 Mr. Wiebe provided sign documentation to comply with the
previously established comp .ljance plan for the business of the Raven Tavern. Mr. Wiebe has
submitted information of his intentions to remodel the tavern building and is negotiating a
long term lease of the building with the buildings owner.
Recommendation
Based upon the incidents occurring in Albany in 1993-4 and the
incidenlz in February 1997 in which alcohol was a factor and
the repom~d medication affecting behavior. It is the
reammendation that the City Council provide a negative
recommendation to the Oregon Liquor Control Commi~ion.
The racist comments reportedly made by Wiebe Ir. along with
the~ alcohol abuse leads a reasonable person to believe that
Wiebe Ir. would not comply with laws and be not able to
control him~lf and responsibility of the business.
OLCC Salem
Appliean~t
· 8B
8B
WO~D~URN POLICE DEPA~R.'J]JENT
Xnc£dent Repot't
Distribution: Records
OLCC
9'/-002503
Connect
LI~OUR LICENSE
C~AN~ OF O~NERSHIP
Reported Date/T~m~ ~ 04/21/97
Occurred Date/T~et 04/21/97
Locationz 262 N PACIFIC
1310 hfs
1310 hfs to / / 0000 hrs
HW WOODBURN
OR
SUMMARY
On 041997 at 1310 hfs W£ebe requested a liqour license and a change of
ownersh£p for the tavern, 'Raven Inn', located at 262 North Pacific
Highway, Woodburn, Marion county, Oregon. The o~ner of the business is
to be Weibe. I conducted a background investigation.
In%olved persons
WIEBE JR, RONALD DUDLEY DOB: 09/20/51 Age: 45
Hgt: 6'00" Wgt: 180
Hair: Brown Eye: Brov, en
3435 MOCK ORANGE CT S SALEM~ OR 97302
Phone: (503}378-7068 Type: ~c~ne
OLN= 1306448 (OR) SSN= 544-54-8733
Employer/School: VALLEY APPLIANCE & T.V.
OWNER-APPLICANT
Involved persons
WIEBE, RONALD W.
Involved porsons
WILTSEY, TINA MARIE DOB: 03/10/66 Age: 31 WF
Hgt= 5'04' Wgt: 123
Hair: Brown Eye: Brown
4207 PAINTBRUSH CT NE SALEM, OR 97305
OLN: 3725215 (OR) SSN~ 541-98-3138
Employer/School~ RAVEN INN
262 N PACIFIC HW WOODBURN, OR 97071
OWNER
Reporting'Officer= C.A. CUNNINGHAM~21286 Page
Case status/Date~ EN 04/24/97 Approved:
Follow-up Required: Assigned to Patrol or Detectives=
Follow-up Assigned To: Date: By:
C.M. Entry=
Other:
97-002503
Involved person:
STANDRIDGE; DARLENE DOB: 05/30/55 Age: 41 WF
Employer/School: I~AVEN INN
262 N PACIFIC HW WOODBURN, OR 97071
BARTENDER
Bus4~ess:
262 H PACIFIC HW
WOODBURN, OR 97071
VALLEY APPLIANCE & T.V.
333 S LYON ST ALBANY, OR 97302
Phone= (541)926-9441 Type= Bus£ness
Business=
OREGON LIQO~R~ONTROL C~MM.
213 MADRONAAV SE SALEM, OR 97302
Phone~ (503)378-4871 Type~ Bus£ness
INVESTIGATOR JANICE FORBES
Businessz
SECRETARY OF STATE
AKA: CORPORATION DIVISION
158 TWELVETH ST NE SALEM, OR 97310
Phone~ (503}986-2200 Type= Bue£neHs
OREGON DEPT. OF TRANSPORTATION
SALEM, OR 97301
Phone: (503)945-5098 Type~ Bus£nes8
MOTOR VEHICLES DMSION-AC~IDENTREPORTS SECTION
Businessz
BETTER BUSINESS BUREAU
333 SW 5TH ST Apt 300 PORTLAND, OR 97204
Phone: (503)226-3981 Type: Bue£nes8
· 8B
Reporting Off£cer: C.A. CUNNINGHAM ~21286 Page 2
97-oo2sos gB
LINN COUNTY DISTRICT ATTORNEY
P.O. BOX 100 ALBANY, OR 97321
Phone= (541)967-3836 Type: Business
ALBANY POLICE DEPARTMENT
1117 JACKSON ST ALBANY, OR 97321
Phone= (541)967-4317 Type: Business
Reporting Officer: C.A. CUNNINOHAM ~21286 Page 3
'SB
BACKGI~UND INV~STIGAT[O~
WIEBE JRv RONALD DUDLEY
me
me
Criminal History=
Ronald D. Wiebe Jr was arrested in 1993 by the Albany Police
Department and charged with Kidnapping I, Burglary I, Assault
IV and Driving Under the Influence of Intoxicants. Ronald D.
Wiebe Jr was later convicted for A~sault IV, and Driving Under
the Influence of Intoxicants in L£nn County District Court
(See attached copy of Albany Police report 93-19196}. In
addition, Albany Police DepaL~cment requested a warrant for
Ronald D. Wlebe Jr for violation of restraining order from the
Linn County District Attorney's Office (See Albany Police
report number 93-21998). I contacted the Llnn County District
Attorney's Office in regards to the several felony charges
that Ronald D. Wiebe Jr was arrested by the Albany Police
Department. Ronald D. Wiebe Jr was only conv£cted on two (2)
misdemeanor charges of Assault IV and D.U.I.I. The Llnn County
District Attorney's Office advised that the victim was Ronald
D. Wiebe Jr's g~rlfriend and that she requested that the
charges be dropped as he had offered to marry the victim. As
it appeared the victim was not going to testify, so Ronald D.
Wiebe Jr was offered a plea agreement on the two misdemeanor
charges.
Operator License Status=
Ronald D. Wlebe Jr has a valid Oregon Operator's license.
Ronald D. Wlebe Jr's license was suspended in 1993 for BAC
fail in District Court Llnn County. I also located a injury
motor vehicle collision in 1995 in Salem, Oregon. Ronald D.
Wiebe Jr was the euepeoted driver of the second involved
vehicle in a three vehicle injury collision. Salem Police
Departments invest~gation showed that the one of the vehicles
was registered to Ronald D. Wiebe Jr's wife. It was determined
from the investigation that Ronald D. Wiebe Jr was not the
operator of the vehicle (See attached copy of Salem Police
incident report 95-63488).
CORPORATION -COMMISSION:
Reporting Officer: C.A. CUNNINGHAM #21286 Page 4
me
: 97-002503
Ronald D. Wlebe Jr had no lilting with the co~poration commission.
The corporation commission has a single list£ng for Valley
Appliance and T.V., Inc. Ronald W. Wiebe is listed as the
president and treasurer of that business.
The corporation co~ission sho~s as the listed president of
the Raven Inn, Inc as Tins ~ilteey.
BETTER BUSINESS BUREAUs
1. A single listing but no complaints were located against Valley
Appliances and T.V. (See attached listing from Better Bus,ness
Bureau).
2. No listings or complaints against the Raven lan.
OREGON LIQUOR CONTROL COMMISSION=
No listings or violations were located for Ronald D. Wiebe J~.
The Raven Inn is currently under a compliance plan (See
attached O.L.C.C. complianceplan).
On 042197, I completed a background investigation for a change
of ownership and liquor license for the business, "Raven Inn". The
business is currently located at 262 North Pacific Highway,
Woodburn.
I contacted O.L.C.C. license investigator Forbes, she advised
that when Ronald D. Wiebe Jr started the process for a change of
ownersh~p/liquor license that Ronald W. Wiebe Sr was going to be a
co-owner and he was providing some of the capital to make the
purchase of the business. Investigator Forbes advised that Ronald
W. Wiebe Sr has withdrawn as a co-o~ner/investor and that Ronald D.
Wiebe Jr is the sole purchaser. ~nvestigator Forbes stated that a
· letter was sent by O.L.C.C. to Ro~ld D. WiebeJr re~uesting an
updated financial state~nt, state~ent of funding for~, written
statement from Ronald W. Wiebe Sr withdrawing him fr~mo~nershlp
and other information (See attached letter from O.L.C.C.).
I contacted the current owne~of the business, Wiltsey.
Wiltsey stated that in February 1997 that Ronald D. Wlebe Jr came
into the Raven Inn in Woodburn and told the on-duty bartender,
Standridge, that he was purchasing the business and d~ded free
beer. Wlltsey stated that while Ronald D. Wiebe Jr was on the
premises he Was giving orders to Standridge on whom to check
identification and who not too. Wiltsey stated that Ronald D. Wiebe
Reporting Officers C.A. CUNNINGHAM ~21286 Page 5
Jr yelled out in the bar 'Turn down that wetback muaicl! When I
take over I'll get rid of all this shitll' W£1tsey stated that the
Standridge called her at home at 0000 hfs and that she called
Ronald W. W£ebe Sr and told him to get his son, Ronald D. Wlebe Jr,
out of the bar and that he was trespassed from the Raven Inn and
her other bar until the sale was completed and Ronald D. W£ebeJr
became the owner. W£1tsey stated that ~nald W. WlebeSr
Ronald D. Wiebe Jr on his cellular telephone and told him to leave
the business immediately. Wlltsey stated that Ronald D. W£ebeJr
then drove to her other bar in Salem and was ordering the
employee's at that bar around. Wlltsey stated that the bartender in
at the Yellow Rose Tavern in Gervais, Oregon ordered Ronald
Wiebe Jr to leave that business also. Wiltsey stated that 9~nald W.
Wiebe Sr told her that Ronald D. Wlebe Jr was not taking
medication, lithium, and that was wh~ he was acting that way.
Wlltsey stated that the trespass from the Raven Inn was not noted
in the bar log, as pursuant to section six (6) of the compliance
plan.
I contacted Standridge and she advised that she was working as
the bartender at the Raven Inn and that Ronald D. Wlebe Jr came
into the business. Standridge stated that~ona~d D. Wlebe Jr had
consumed between three (3) to four (4) be~rs. Standridge stated
that she checked the identification for the age of a patron,
pursuant to instructions from Wiltsey. Standridge stated that
patron was not happy about having to produce identification.
Standridge stated that Ronald D. W£ebe Jr told Standridge she did
not need to request identification from that patron. Standridg~
stated she told Ronald D. Wiebe Jr that she was doingwhat her boss
told her to do. Standridge stated that Ronald D. Wlebe Jr stated
that he was the boss and that he had purchased the business, and
that she should do what he said. Standr£dge stated that Ronald D.
Wiebe Jr was yelling and created a disturbance. Standr£dge stated
that Ronald D. Wiebe Jr was in her opinion, intoxicated. Standridge
stated she called Wlltsey and Wiltsey later arrived and told Ronald
D. Wiebe Jr to leave the business. 'Standridge stated that she will
not serve Ronald D. Wlebe Jr alcoholi¢ beverages on her shift as
she stated that in her opinion that Ronald D. Wiebe Jr 'Just can't
hold his liquor'.
From the documents submitted by Ronald D. Wiebe Jr, when he
assumes ownership some remodeling of the business is planned. The
business will operate from 1100 hfs to 0200 hrs. The menu appears
to feature only mexican dishes, and food will be served from 1100
hrs to 0200 hrs. Ronald D. Wlebe Jr has signed a written document
that he will be on the premises for forty (40) hours a week,
tuesday through saturday.
97-002503
I contacted Ronald D. Wiebe Jr, he advised that he has not
designated a manager for the business at this time. Ronald D.
Wlebe Jr stated that he is going to operate the business for
several months and then determine if a manager will need to be
appointed;---Ronald D. Wlebe Jr advised that he will not have live
music at the'business. Ronald D. Wiebe Jr confirmed that Ronald W.
Wiebe Sr had withdrawn from the sale of the business and he has no
Reporting Officer: C.A. CUNNINGHAM $21286 Page 6
· 7-oo so gB
ownership or financial obligation for the business. I requested
Ronald D. Wiebe Jr to sub, it written documentation from Ronald W.
Wlebe Sr stating that he had withdrawn from the sale and ownership
of the Raven Inn. I requested that Ronald D. Wiebe submit new
information regarding his financial information for the purchase of
the business, l(onald D. Wlebe Jr stated that the sale of the
business has been completed and Wiltsey has been paid the purchase
price of @$65,000.00 in full. Ronald D. Wiebe Jr stated the he had
decided not to have any live music at the business. I also advised
Ronald D. Wlebe Jr that he would 'need to submit a revised operating
data questionnaire for the business.
On 051697 X received copies of the documents that O.L.C.C.
investigator Forbes and I had requested for the business. Ronald D.
Wiebe Jr signed a agreement to abide with all the current
restrictions on the business. Ronald D. Wlebe Jr also has obtained
a servers permit from the O.L.C.C. to serve alcoholic beverages. I
reviewed the financial documents provided by Ronald D. Wiebe Jr and
they appear to be in order.
During the background investigation I located the above listed
information regar~ing ~onald D. Wlebe Jr.
Reporting Officer: C.A. CUNNINGHAM ~21286 page 7
City of Woodburn
City Counsel
270 Montgomery Street
WoodbuTM, Oregon
JUH 9 1997
June 7, 199.7
Dear Counsel Members:
I currently have a pending sale with Ronald Wiebe for the pumhase of The Raven Inn Tavern.
As you well know I have had this business for 11 years and I would finally like to get out of the
bar business. I think Mr. Weibe has some good ideas for the establishment and is going to focus a lot
on food. He is going to change the menu, and try to bring in a large food crowd and I believe breakfast
too.
He is going to put a lot of money into the premises for remodeling. He is going to update
everything in the building, remodel and rearrange the floor plan to cater the lunch crowd.
Currently, I am on the establishment about 20-30 hours per week. Mr Weibe will be on the
premises at least 40 hours at least and will focus all of his attention to the Raven as this would be his
only job.
Mr. Wiebe has also agreed to enforce the Same rules and policies that I am currently using
under my compliance plan. Mr Weibe will be trained by the manager on spotting drug deals, how to
handle occurances and how to keep the bad element out the business.
I will be liable on the lease for a period of time and I will do what I can to see that Mr. Wiebe is
successful in his new business.
I feel that Mr. Weibe will be successful and provide a nice place for the community in does the
following.
1. Follow the existing compliance plan on a consistent basis.
2. Is on the premises for 40 hours plus per week.
3. Honors my existing 86 list and check list.
The Raven Inn has done a excellent job on keeping a clean establishment in the last year and a half.
This is due to the good employees I have. Having a experience manger and being present more than
have in the past.
I will be unable to be present at the counsel meeting on Monday, June 9, 1997. If you have and
questions or concerns please call me at 373-9261 and I will be happy to accommodate you. I
recommend a positive endorsement from the City.
8B
Thank You,
cc: Janice Forbes OLCC
cc: Ken Wright
cc: Mike Mills, Atty..
MEMORANDUM
Date:
To-'
From:.
May 13, 1997
Finance Director
~rerry Polston, Revenue Sharing Coordinator
Statewide Central Disbursements
DEPARTMENT OF
ADMINISTRATIVE
SERVICES
STATE CONTROLLER'S
DIVISION
Re:
Required Resolution - State-Shared Revenue ORS 221.760
· REMINDER
State Revenue Sharing Law requires cities to pass a resolution each year stating that they
want to receive state-shared revenue money. A copy of this resolution is to be filed with the
State Controller's Division before July 31, 1997.
The resolution has not been received from your city as of this date.
Please make sure that the above resolution is in our office by the due date. We cannot
authorize State-Shared Revenue payments to your city unless we receive
this form. If your records show that the data has been sent, please submit a duplicate
copy. If you have any questions, please call me at 378-3158 ext. 256.
Enclosure: Resolution Form
s:~wp~resolutn
155 Cottage Street NE
Salem, OR 97310-0310
(503) 378-3156
FAX (503) 378-3518
10A
COUNCIL BILL NO. 1800
RESOLUTION NO.
A RESOLUTION CERTIFYING THE ELIGIBILITY OF THE CITY OF WOODBURNTO
RECEIVE STATE SHARED REVENUES DURING FISCAL YEAR 1997-98.
WHEREAS, Oregon Revised Statutes 221.760 provides that
the officer responsible for disbursing funds to cities under ORS
323.455, 366.785 to 366.820 and 471.805 shall, in the case of a
city located within a county having more than 100,000 habitants
according to the most recent federal decennial census, disburse
such funds only if the City provides four or more of the following
services: (1) Police protection, (2) Fire protection, (3) Street
construction, maintenance, and lighting, (4) Sanitary sewer, (5)
Storm sewers, (6) Planning, zoning, and subdivision control, and
(7) One or more utility services,
WHEREAS, City officials recognize the desirability of
assisting the state officer responsible for determining the
eligibility of cities to receive such funds in accordance with ORS
221.760, now, therefore,
THE CITY OF WOODBURN RESOLVES AS FOLLOWS:
Section 1. That the City of Woodburn hereby certifies
that it provides the following four or more services enumerated in
ORS 221.760:
Approved as to form:
(1) Police protection;
(2) Street construction, maintenance, and lighting;
(3) Sanitary sewers;
(4) Storm sewers;
(5) Planning, zoning, and subdivision control; and
(6) One utility service.
City Attorney Date
APPROVED
NANCY A. KIRKSEY, MAYOR
Passed by the City Council
Submitted to the Mayor
Approved by the Mayor
Filed in the office of the Recorder
ATTEST
Mary Tennant, Recorder
City of Woodburn, Oregon
Page 1 - COUNCIL BILL NO.
RESOLUTION NO.
MEMORANDUM
DEPARTMENT OF
Date: March 25, 1997
ADMINISTRATIVE
To:. Finance Director SERVICES
From: "~ ~'~~ STATE CONTROLLER'S
Terr~ Polston, Statewide Central Disbursements DIVZSION
State Revenue Sharing to Cities
Re:
State Revenue Sharing Law, ORS 221.770, requires cities to pass an ordinance or resolution
each year stating that they want to receive state revenue sharing money. The law also requires
that cities certify that two required public hearings were held.
in order to receive state revenue sharing in 1997-98 your city must have levied property taxes
in the preceding year and:
I. Pass an ordinance or resolution approving participation in the program and file a copy of
that ordinance with the State Controller's Division before July 31.
2. Hold the following hearings on the use of state revenue sharing funds:
a) a public hearing before the budget committee to discuss possible uses of the funds;
b) a public hearing before the city council on the proposed uses of the funds in relation to the
entire budget.
3. Certify to the State Controller's Division by completing the form on the back of this
memo, before July 31, that these hearings have been held.
The requirements for an Actual Use Report due December 31 of each year and Long .Range
Fiscal Projections due January 15 were repealed by the 64th Legislative Session. It is no
longer necessary for you to file these reports.
If you have any questions, please call me at 378-3158 ext. 256.
155 Cottage Street NE
Salem, OR 97310-0310
(503) 378-3156
FAX (503) 378-3518
10B
COU C?L BILL NO. 1801
RESOLUTION NO.
A RESOLUTION DECLARING THE CITY'S ELECTION TO RECEIVE STATE
REVENUES DURING FISCAL YEAR 1997-98.
WHEREAS, Oregon Revised Statutes 221.770 requires the
City to provide documentation to the State of Oregon advising them
of their intention to participate in the State Revenue Sharing
Program, now, therefore,
THE CITY OF WOODBURN RESOLVES AS FOLLOWS:
Section 1. Pursuant to ORS 221.770, the City hereby
elects to receive state revenues for fiscal year 1997-98.
Approved as to
City Attorney
Date
APPROVED
NANCY A. KIRKSEY, MAYOR
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Recorder
ATTEST
Mary Tennant, Recorder
City of Woodburn, Oregon
Page 1 - COUNCIL BILL NO.
RESOLUTION NO.
10C
MEMO TO :
THROUGH :
FROM :
DATE :
SUBJECT :
MAYOR AND COUNCIL
City Administrator
Mary Tennant
City Recorder
June 19, 1997
TRANSFERS OF OPERATING CONTINGENCY
APPROPRIATIONS
Childs
RECOMMENDATION: Approve the accompanying Council Bill
authorizing the transfer of operating contingency appropriations
within the 1996-97 budget.
BACKGROUND: Transfer of operating contingency appropriations
are allowed under ORS 294.450 to meet unforseen financial
obligations incurred during the fiscal year. State budget law
requires the governing body to adopt the operating contingency
transfers by resolution.
The Building Division collects electrical and plumbing permit
fees at the same time other building permit fees are collected
and, in turn, forwards fees to the County once County building
officials do their inspections ("pass-through, account).
Building activity continues to be very strong within our
community and the original budget projection for revenues and
expenses within the line item, Marion County Electric/Plumbing
Permit, was substantially lower than the actual revenue
received/expenses paid out to. the County. Since the Technical &
Environmental Services Fund has limited operating contingency
appropriations for transfer to the Building Division, it is
necessary to transfer appropriations from the General Fund in
order to bring this budget into compliance with budget law. Even
though a transfer of appropriations will take place with the
passage of this Council Bill, there will be no transfer of actual
General Fund revenues.
10C
COUNCIL BILL NO. 1802
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE TRANSFER OF OPERATING CONTINGENCY
APPROPRIATIONS DURING FISCAL YEAR 1996-97.
WHEREAS, Oregon Revised Statutes 294.450(2) allows for the
transfer of operating contingency appropriations within a fund to an
existing appropriations category within the same fund during the year in
which appropriations are made, and
WHEREAS, Oregon Revised Statutes 294.450(3) allows for the
transfer of operating contingency appropriations from the General Fund
to any other fund when authorized by resolution, and
WHEREAS, the Technical & Environmental Services Fund requires
transfers of operating contingency appropriations from the Technical &
Environmental Services and General Fund to meet unanticipated
expenditures in the Marion County Electrical/Plumbing permit line item
which is a pass-through of revenues collected from developers when
obtaining building permits, now, therefore,
THE CITY OF WOODBURN RESOLVES AS FOLLOWS:
following
budget:
Section 1.
operating
That authorization is hereby given to transfer the
contingency appropriations within the 1996-97
TRANSFER FROM:
Tech. & Envir. Services Operating Contingency
(82-825-921.000)
General Fund Operating Contingency
(01-090-921.000)
$ 21,892
$ 80,000
TRANSFER TO:
Technical & Environmental Services Fund:
Building Division - Marion County permits
Materials & Serv, i~e~ (82-845-6~.0~5)
Approved as to Form: / /,( /'~/~~'~-~
City Attorney
$101,892
Date
APPROVED
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Recorder
NANCY A. KIRKSEY, MAYOR
ATTEST
Mary Tennant, Recorder
City of Woodburn, Oregon
Page 1 - Council Bill No.
Resolution No.
1OD
MEMO TO : MAYOR AND COUNCIL
THROUGH : City Administrator Childs
FROM : Mary Tennant ~
City Recorder
DATE :
SUBJECT :
June 19, 1997
TRANSFERS OF BUDGETARY APPROPRIATIONS
RECOMMENDATION: Approve the accompanying Council Bill authorizing
the transfer of appropriations within certain budgetary funds.
BACKGROUND: State budget law requires that budgetary expenditures
cannot be over the appropriated amount at year-end. Budget
appropriations in the original ordinance are reflected either by
fund program (such as Police Department in the General Fund) or by
category if a department or fund involves only one program. In the
event appropriations within a specific fund program or category
exceed the original appropriation, a Resolution is necessary to
authorize the transfer of appropriations from other areas within
the specific fund in order to bring our budget into compliance with
State budget law.
Each year, staff reviews the budget reports to determine if any
budgetary appropriation is at risk of being over-expended by the
close of the fiscal year (June 30th). This Council Bill will make
appropriation transfers within specific funds that may need some
adjustment in order to comply with State budget law.
1OD
COUNCIL BILL NO. 1803
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE TRANSFER OF APPROPRIATIONS WITHIN A FUND
DURING FISCAL YEAR 1996-97.
WHEREAS, Oregon Revised Statutes 294.450 allows the transfer of
appropriations within a fund after the budget has been approved and
during the year in which appropriations are made, now, therefore,
THE CITY OF WOODBURN RESOLVES AS FOLLOWS:
Section 1. That the following budgetary transfer of
appropriations within each fund are hereby authorized to meet estimated
operational expenditures during fiscal year 1996-97:
GENERAL FUND:
Transfer From:
Police Department -
Personnel Services (01-060-512.000)
$ 16,000
Transfer To:
City Attorney's Office -
Personnel Services (01-040-512.000)
$ 16,000
PARKS AND RECREATION FUND:
Transfer From:
Parks & Facilities Maintenance -
Personnel Services (20-210-513.000)
Materials & Services (20-210-635.030)
Transfer To:
Parks Administration -
Personnel Services (20-200-512.000)
FEDERAL PROGRAMS FUND (RSVP) :
Transfer From:
Materials & Services (38-380-610.011)
Materials & Services (38-380-616.060)
Transfer To:
Personnel Services (38-380-512.000)
Capital Outlay (38-380-710.005)
$ 5,000
5,000
$ 2,500
1,000
$ 10,000
$ 2,500
1,000
Page 1 - COUNCIL BILL NO.
RESOLUTION NO.
1OD
SPECIAL ASSESSMENT FUND:
Transfer From:
Capital Outlay (60-600-723.012)
Transfer To:
Materials & Services (60-600-658.010)
WATER FUND:
Transfer From:
Water Administration:
Capital Outlay (70-700-713.020)
Transfer To:
Meter Reading/Accounting:
Personnel Services
Materials & Services
WASTEWATER TREATMENT PLANT FUND:
Transfer From:
Sewer Line Maintenance:
Capital Outlay (72-725-714.003)
Transfer To:
Non-Departmental:
Materials & Services (72-730-641.020)
STORM WATER SYSTEM DEVELOPMENT FUND:
Transfer From:
Materials & Services (77-770-631.003)
Transfer To:
Capital Outlay (77-770-710.011)
Approved as to Form:~ ~ 1'6 ~'V~' ~
City Attorney
$ 38,000
$ 38,000
$ 7,000
$ 3,000
4,000
$ 1,500
$ 1,500
$ 35,000
$ 35,000
Date
APPROVED
NANCY A. KIRKSEY, MAYOR
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Recorder
ATTEST
Mary Tennant, Recorder
City of Woodburn, Oregon
Page 2 - COUNCIL BILL NO.
RESOLUTION NO.
MEMO
TO:
FROM:
DATE:
SUBJECT:
City Council through City Administrator
Public Works Director
June 19, 1997
$20 Million Low Interest Loan Agreement with State
IOE
RECOMMENDATION: Approve the attached resolution authorizing the mayor to sign a
Clean Water State Revolving Fund (CW SRF) Loan agreement for $20 million on behalf of the
city.
BACKGROUND: On June 19, 1995 the City was notified that it had been awarded a State
Revolving Fund (SRF) loan of $2 million for design of an advanced wastewater treatment plant.
Subsequently, final application materials were submitted to the Department of Environmental
Quality (DEQ) for the loan. Additional work to design and construct pump station improvements
and a new force main to the wastewater treatment plant was added to the SRF loan project
description. In final stages of the process, DEQ representatives verbally informed the city that
the loan amount may be increased to $4 million. That increase did take place and SRF Loan
Agreement R98411 was entered into bythe council on June 24, 1996. The interest rate on this
loan was 3.93% and payments do not begin until six months after project completion.
In discussions with DEQ on other loan and treatment plant matters, the potential for an
additional loan to cover a portion of the treatment plant costs was brought up and negotiated.
The additional Clean Water State Revolving Fund (CW SRF) loan will be for $20 million at an
interest rate of 3.87% with payment to begin six months after completion of the treatment plant
or June 1, 2001, whichever occurs first.
This loan will provide a major portion of the plant construction financing at a very good interest
rate and repayment plan. It offers a substantial savings in interest costs, estimated at $253.725
each year for 20 years, during the entire term of the loan when compared with a comparable
bond sale conducted by the city. Verbal commitments have been received from DEQ for
additional Iow interest loan funding, if available, in the future.
The agreement is similar to a previous SRF agreement approved by Council and it has been
reviewed by the City Attorney. Council is requested to approve the attached resolution
authorizing the mayor to sign this loan agreement on behalf of the city.
GST:Ig
Attachments:
Letter from Peggy Halferty, DEQ
Resolution
Agreement
STATE~OAN
110 E
Frank Tiwari, Public Works Director
City of Woodburn
270 Montgomery Street
Woodbum, Oregon 97071
June 12, 1997
"r" ~i /12:
DEPARTMENT OF
ENVIRONMENTAL
QUALITY
Re:
CW SKF Loan R98412 for
Wastewater System Improvements
Dear Mr. Tiwari:
Enclosed are two sets of a Clean Water State Revolving Fund (CW SKF) loan in the
amount of $20,000,000 for continuation of the wastewater system project, including the
treatment plant, poplar plantation, and collection system. The new loan agreement is in
lieu of an increase in the existing loan since the amount of the increase is so much greater
than the original loan amount. The interest rate is 3.87% if signed by the end of June.
As we discussed on the phone, the first payment will be due six months after completion
or June 1,2001, whichever comes first. The preliminary repayment schedule is on page
22. The required loan reserve amount is $1,472,242 or 50% of the loan disbursements,
whichever is less. This will be adjusted after the loan is fully disbursed and the final
repayment schedule is calculated.
The next step is City Council approval of a resolution that (1) approves the loan "in an
amount not to exceed...," (2) authorizes the establishment of the required loan reserve
account, and (3) authorizes one or two people (by title) to sign the loan and related
documents. After approval and signature on page 21, please remm both sets of the loan
agreement to me with a copy of the resolution. When they have been signed by the
Director, I will remm one set to the City for your records.
I look forward to seeing you at the City Council meeting on June 23~. If you or your
staff or legal counsel have any questions or concerns about the loan agreement, please
call me at (503) 229-6412.
Enclosures
cc: Martin W. Loring, CA:WQD
Jaime Isaza, WQ:WR:Eugene
Sincerely,
Peggy K. Halferty, Coordinator
Clean Water State Revolving Fund Program
Water Quality Division
811SWSixthAvenue
Po~land, OR 97204-1390
(503) 229-5696
TDD(503) 229-6993
DEQ-1 ~
IOE
cov c-. ] mL NO. 1804
RESOLUTION NO.
A RESOLUTION ENTERING INTO STATE REVOLVING FUND LOAN AGREEMENT
NO. R98412 WITH THE STATE OF OREGON, DEPARTMENT OF
ENVIRONMENTAL QUALITY, AND AUTHORIZING THE MAYOR TO SIGN SAID
AGREEMENT ON BEHALF OF ~ CITY.
WHEREAS, the City of Woodburn has applied for a State Revolving Fund loan for
design and construction of an advanced wastewater treatment plant; development of a poplar
plantation; and collection system improvements, including additional pump stations, force mains,
and inflow and infiltration reduction; and
WHI~REAS, the City of Woodburn has entered into negotiations with the Department of
Environmental Quality for a loan to the City from the State Revolving Fund in the amount of
$20,000,000, and
WHF~REAS, the Oregon Department of Environmental Quality has provided to the City
State Revolving Fund Agreement Number R98412; NOW, THEREFORE,
THE CITY OF WOODBURN RESOLVES AS FOLLOWS:
Section 1. That the City of Woodburn enter into State Revolving Fund Loan Agreement
No. R98412 with the State of Oregon, Department of Environmental Quality, to borrow an
amount not to exceed Twenty Million Dollars ($20,000,000) for the financing of project for
Wastewater System Improvements. A copy of said loan agreement is attached hereto as Exhibit
"A" and by this reference incorporated herein.
Section 2. The City authorizes and approves the establishment and funding of designated
reserve account to meet the "Loan Reserve" requirement of the State Revolving Fund Loan
Agreement, and directs estab~_t of~ Loan Reserve.
Section 3. That the Mayor of the City of Woodburn, acting for and on behalf of the City,
is authorized to execute the State Rzvolving Fund Loan Agreement and ~uch other and additional
documents as may reaso~ly be required for the consummation and closing of said loan, and any
amendments required
Approvedas to form:
City Attorney Date
Page 1 - COUNCIL BILL NO.
RESOLUTION NO.
Exlfibit "A"
IOE .
'~:S~E-.OF :OREGON
AND
TABLE OF CONTENTS
ARTICLE 1:
ARTICLE 2:
ARTICLE 3.'
ARTICLE 4:
ARTICLE 5:
ARTICLE 6:
ARTICLE 7:
ARTICLE 8:
ARTICLE 9:
THE LOAN - SPECIFIC TERMS, CONDmONS AND PROVlSlONS .............................. 2
DEFINITIONS .............................. ~ ......................................................................... 3
GENERAL LOAN PROVISIONS ..................................................................... 5
TERMS, CONSmERATIONS, AND PROCEDURES ............................................ 7
GENERAL REPRESENTATIONS, WARRANTIES AND COVENANTS ........................ 12
REPRESENTATIONS, WARRANTIES AND COVENANTS RELATING TO
CONSTRUCTION PROJECTS ONLY ........................................................................ 14
RIGHTS OF DEQ; LIMITATIONS ON DEQ RESPONSmlcrriEs ............................ 16
DEFAULT AND REMEDIES ......................................................................................... 17
SRF PROCEOURES MANUAL ................................................................................... 19
ARTICLE 10: APPLICABLE FEDERAL AUTHORITIES AND LAWS ("CROSS-CUTTERS") ............. 19
-ARTICLE 11: LOAN EXECUTION ................................................................................................ 21
APPENDIX A: PRELIMINARY REPAYMENT SCHEDULE ............................................................. 22
APPENDLX B: RESOLUTION .......................................................................................................... 23
OREGON DEPARTMENT OF ENVIRONMENTAL QUALITY
~TA'm ,R~VOLV~a F~
Exhibit "A'
Page .-9. of-C/~'
ARTICLE h THE LOA~ - SPECIFIC TERMS, CONDITIONS AND PROVISIONS
(A) BORROWER:
City of Woodburn.
(B) LOAN NO.: R98412.
(C) Lonn AMotnvr:. $20,000,000.
(D) PROJECT ~E:
Wastewater System Improvements.
DATE OF AGREEMENT:
June 12, 1997.
(F) F, STIMATED COMPLETION DATE: January 1, 2001.
(G) INTEREST RATE: 3.87% per annum. Calculation of interest is also
discussed in Section 4(G) on page 10 and in Section 4(I) on page 10 of this agreement.
(H) Lo~a~ PROCK~mG FEE: 1.5% of the Final Loan Amount will be due with the
first repayment following the determination of the Final Loan Amount as discussed in Section 2(G)
on page 4 and Section 4(H)(I) on page 10 of this agreement.
(I) LOAN SERVICINGFEE: 0.5% of the outstanding principal will be due
annually beginning with the second repayment as discussed in Section 4(H)(2) on page 10 of this
agreement.
(J) TERMS OltREPAYMF_~rr: Forty semi-annual payments beginning with an
interest-only payment six months after project completion or June 1, 2001, whichever is earlier.
When all disbursements have been made and the Final Loan Amount is determined, a repayment
schedule amortizing the loan over the remaining repayment period will be prepared. Attached as
Appendix A is a preliminmy repayment schedule based on an estimated disbursement schedule and
the original Loan Amount. Repayment is also discussed in Section 4(I) on page 10 of this
agreement.
BORROWER*S ADDRESS:
City of Woodbum
270 Montgomery Street
Woodbum, Or.on 97071
(L) DF. SCRIFIION OF TIlE PROJECT: Design and construotion of advanced
wastewater treatment plant; development of poplar plantation; and collection system
improvements, including additional pump stations, force mains, and inflow and infiltration
reduction.
PAGE2
IOE
(M) CONSTRUCTION COSTS. As of the date of this Loan Agreement, the Borrower has
already incurred $0 in construction costs on the Project.
CITY OF WOODBURN: R98412 ' 6/12/97 LOAN AGREEMENT
ORF_f._K)N DEPARTMENT OF ENVIRONMENTAL QUALITY
STATE REVOLVING FUND
Exh'bit "A"
IOE
PACE 3
(O) BORROWER'S AUTHORIZATION. The Borrower has authorized this agreement
pursuant to ORS 468.439 by Resolution No. ., which was duly passed by the Borrower's
City Council on ,1997. A copy of this document is attached as Appendix B.
(P) PLEDGE. The Borrower hereby pledges its Net Operating Revenues to pay the
amounts due under this Loan Agreement Thc Borrower covenants with the DEQ and any aSSignee
of this Agreement that the Borrower shall not issue any other obligations which have a pledge or
lien on the Net ~ Revenues which is superior to or on a parity with the pledge herein
granted without the written permission of the DEQ. This loan is a parity obligation with all other
State Revolving Fund loans between the DEQ and the Borrower.
(Q) COVERACl~ REQUIREMENT. Until the loan is repaid in full, the Borrower covenants
with the DEQ to maintain sewer rates sufficient to meet the requirements listed in Section 4(D) on
page 8 with a debt service coverage factor of 105%.
(R) LOA~ RESERVE REQUIREMENT. The Borrower covenants with the DEQ and any
assignee of this Loan Agreement that the Borrower shall establish and maintain a Loan Reserve
Account as described in Section 4(E) on page 9. The Loan Reserve Requirement shall be an
amount that equals 100% of the average annual debt service as shown on the repayment schedule.
Until the Final Loan Amount is calculated, the Loan Reserve Requirement equals the lesser of one-
half of the total loan proceeds disbursed to date or $1,472,242.
ARTICLE 2: D~.~moNs
Unless the context othenvise requires, the capitalized terms used in this Loan Agreement shall have
the meanings defined in this Article.
(A) "BoRRoweR" means the public jurisdiction shown as the "Borrower" in Section
1 (A) on page 2.
(B) "COMPLETION DATE" means either the date on which a facility planning project is
accepted by the Department, the date on which a design project is ready for the contractor bid
process, or the date on which a consm~ction project is substantially complete and ready for
initiation of operations.
(C) "Costa ov Ting PR~" means expenditures approved by the DEQ which arc
necessary to construct the Project in compliance with DEQ requirements which may include but are
not limited to the following items:
(1) Obligations of the Borrower incurred for labor and materials and all costs
which the Borrower shall be required to pay under the terms of any contract for the design,
acquisition, construction or installation of the Project;
(2) Engineering fees for the design and construction of the Project.
CITY OF WOODBURN: R98412: 6/12/97 LOAN AGREEMENT
OREGON DEPARTMENT OF ENVIRONMENTAL QUALITY
STATE REVOLVING FUND
Exhibit "A'
P~ ~7t of.9~)
IOE
PAGE 4
(3) The costs of contract bonds and of insurance of all kinds that may be
required or necessary during the course of completion of the Project;
(4) The legal, financing and administrative costs of obtaining the loan and
completing the Project; and
(5) Any other co~ approved in writing by the DEQ.
{D) "DEQ" means the State of Oregon, acting by and through the Director of the
Oregon Department of Environmental Quality or the Director's authorized representative.
0g) "D~R" means the Director of the Oregon Department of Environmental
Quality or the Director's authorized representative.
systems.
"FACILITY" means the Borrower's wastewater collection, treatment and disposal
(G) "F~A~ LOAN A~OtmT" means the total of all loan proceeds disbursed to the
Borrower including any Loan Agreement amendment increases or decreases. The Final Loan
Amount will be determined when the project is complete or the Borrower indicates that no further
loan funds will be requested, or all eligible expenditures have been reimbursed from the loan
proceeds. The Final Loan Amount will be amortized over the balance of the repayment period on a
final repayment schedule.
(I'I) "LOAN AGREEMENT" or "AGREEMENT" means this Loan Agreement, its
appendices, and any amendments or supplements thereto.
(I) "LOAN AMOUNT" means the maximum amount the DEQ agrees to loan the
Borrower as shown in Section I(C) on page 2. This amount may be changed by an amendment to
the Loan Agreement approved by both parties.
(J) "NET OPERATING RgVE~" means the gross sewer system revenues less the
operating expenses. Gross revenues are all fees and charges resulting from operation of the sewer
system, and any interest earnings thaeon. However, gross revenues for the purpose of this Loan
Agreement does not include: any payments of assessments levied against properties; the proceeds
of any grants; the proceeds of any borrowings for capital improvements; the proceeds of any
liability insurance; or the proceeds of any casualty insmance which the Borrower intends to utilize
for repair or replacement of the sewer system. Operating expenses includes all direct and indirect
expenses incurred for operation, maintenance and repair of the sewer system, including but not
limited to administrative expenses, financial and accounting expenses, insurance premiums, claims
(to the extent that monies are not available from proceeds of insurance), taxes, legal and
engineering expemes relating to the operation and maintenance, payments and reserves for pension,
retirement, health, hospitalization, and sick leave benefits, and any other similar e~ to be paid
to the extent properly and directly atlributable to operations of the sewer system.
CITY OF WOODBURN: R98412: 6/12/97 LOAN AGREEMENT
OREGON DEPARTMENT OF ENVIRONMENTAL QUALITY
STATE REVOLVING FUND
Exhibit "A"
Page ?3 of.-~
IOE
PAG£ 5 ·
(g) "OUTSTANDING LOAN AMOUNT" means the sum of all disbursements to the
Borrower hereunder less the sum of all loan principal repayments.
(L)
on page 2.
"PROJECT" means the facilities, activities or documents described in Section I(L)
(M) "SRF" means the State Revolving Fund. The State Re~ving Fund is the same as
the Water Pollution Control Revolving Fund referred to in ORS Chapter 468, Division 423.
means the State of Oregon.
ARTICLE 3: GENERAL LOAN PROVISIONS
(A) AGREEMENT OF DEQ TO LOAN. The DEQ agrees to loan the Borrower an amount
not to exceed the Loan Amount, subject to the terms and conditions of this Loan Agreement, but
solely from funds available to the DEQ under its State Revolving Fund program. The obligation of
the DEQ to make the loan described in this agreement is subject to the availability of such funds,
and the DEQ shall have no liability to the Borrower or any other party if such funds are not
available, or are not available in amounts sufficient to fund the entire loan described herein.
(B) AVAmA~naXY OF Ft~ms* The DEQ represents that it has available to it, or expects
that it can obtain within a reasonable period of time, money to make the loan contemplated by this
Loan Agreement.
(C) TAX-eXeMPT STATUS. The Borrower covenants to comply with all provisions of
the Code which are required in order for interest on the Loan to be excluded from gross income
under Section 103(a) of the Internal Revenue Code of 1986 as amended and any regulations or
ruling issued thereunder.
(D) SmaLg Auorr Act RgQvnUgMgm's. The State Revolving Fund (SRF) is a loan
program of the DEQ which operates under the regulations of the U.S. Environmental Protection
Agency and receives capitalization grants through the Catalog of Federal Domestic Assistance
(CFDA) No. 66.458: Capitalization Grants for State Revolving Funds. As such, the SRF
program and its loan recipients are subject to the U.S. Office of Management and Budget
Circular A-128, "Audits of State and Local Governments" implementing the Single Audit Act of
1984. Borrowers are subject to Circular A-128 to the extent that loan proceeds include federal
capitalization grant funds. The DEQ will notify the Borrower of the sources of the loan funds
after the completion of each fisc~ year. The Borrower is responsible for compliance with A-128
audit procedures.
(E) AGREEMENT OF BORROWER TO REPAY. The Borrower agrees to repay all amounts
owed on this loan as described in Section l(J) on page 2. In any case, the Borrower agrees to repay
all amounts ow~ on this loan within twenty years of the actual completion date of the Project.
CITY OF WOODBURN: 1198412: 6/12/97 LOAN AGREEMENT
OREGON DEPARTMENT OF ENVIRONMENTAL QUALITY
STAT~ REVOLVING FUND
Exhibit "A"
Page (~ of ':).5
IOE
PAGE 6
AUTHORIZATION.
(1) - This Loan Agreement is given as evidence of a loan to the Borrower made
by the DEQ pursuant to ORS Title 21 and ORS Chapters 190, 287, 288, and 468, as
mended, and shall be subject to the present regulations of the DEQ and to its future
regulations consistent with the express provisions hereof.
(2) The Borrower has a~thorized this agreement pursuant to ORS 468.439 by a
resolution or ordinance, which was duly passed by the Borrower's governing body as
described in Section 1(O) on page 3.
(G) TERMINATION Or LOAN AGm~EME~. Upon compliance by the Borrower with all
of its obligations under this Loan Agreement, including payment in full of the Final Loan Amount,
accrued interest and fees, this Loan Agreement will terminate and the DEQ shall take the steps
necessary to release the DEQ's interest in any collateral given as security under thi's Loan
Agreement.
(It) NOT~CgS. All notices, payments, statements, demands, costs, approvals,
authorizations, offers, designations, requests or other communications under this Loan Agreement
by either party to the other shall be in writing and shall be sufficiently given and served uPon the
other party if delivered by certified mail, return receipt requested, and, if to the Borrower, addressed
to the location listed in Section I(K) on page 2, "Borrower's Address," and if to the DEQ, addressed
to:
State Revolving Fund Program
Water Quality Division
Department of Environmental Quality
811 S.W. Sixth Avenue
Portland, Oregon 97204-1390
or to such other addresses as the ~five parties may from time to time designate.
(1) Co~rrRACT. This Loan Agreement shall constitute a contract between the Borrower
and the DEQ which shall be binding on the parfie~ thereto upon their being separately executed by
the parties. This Loan Agreement inoluding all related loan documents and instruments may not be
amended, changed, modified, altered or ~~ withom the w~tt~ consent of the parties.
(J) FURTII~R INSTR~ The Borrower and the DEQ agree to execute and deliver
any written instruments necessary to carry om any agreement, term, condition or assurance in this
Loan Agreement whenever occasion shall arise and reaso~le request for such instruments shall be
made.
(K) ASSlGNMZ~rr. The DEQ shall have the right to transfer the loan or assign this Loan
Agreement at any time after its execution uPon written approval of the Borrower. This Loan
Agreement shall be assigned by the Borrower only with the written approval of the DEQ.
(L) LAWS GOVeRninG. This agreement shall be construed and
accordance with the laws of the State of Oregon as the same from time to time exist.
CITY OF WOODBURN: R98412: 6/12/97 LOAN AGREEMENT
OREGON DEPARTMENT OF ENVIRONMENTAL QUALITY
STATE REVOLVING FUND
Exh?oit "A"
Pn __Z of
IOE
PAG~ 7 ,
(M) JURISDICTION OF LITIGATION. Any litigation brought under this Loan Agreement
shall be conducted in the courts of the county designated by the DEQ or in the courts of Marion
County.
(iN) VSLIOrrY AND SEV~O. mLITY. If any part, term, or provision of this Loan
Agreement, or of any other loan document, shall be held by a court of competent jurisdiction to be
void, voidab!e, or unenforceable by either party, the validity of the remaining portions or provisions
shall not be affected, and all such remaining portions or provisions shall remain in fuil force and
effect.
(0) ARTICLE I-I~AoINGS. All headings contained herein are for convenience of
reference only and are not intended to define or limit the scope of any provision of this Loan
Agreement.
(P)
APPENDICES. The appendices attached to this Loan Agreement are a part of it.
(Q) COUNTERPARTS. This Loan Agreement may be executed in any number of
counterparts, each of which shall be deemed to be an original, but all together shall constitute but
one and the same instrument.
ARTICLE 4: TERMS, CONSIDERATIONS, AND PROCEDURES
(A) OPINION og LEaAL COVNSEL. The DEQ shah not be obligated to disburse any
funds to the Borrower hereunder unless and until the Borrower has provided the DEQ with an
opinion of the legal counsel to the Borrower, in form and substance satisfactory to the DEQ, to the
effect that:
(1) The Borrower has the power and authority to execute and deliver, and
perform its obligations under this Loan Agreement;
(2) This Loan Agreement has been duly executed, acknowledged where
necessary by the Borrower's authofiz~ ~presentatives and, to the best knowledge of such
counsel, all other necessary actions have been taken, so that this Loan Agreement is valid,
binding, and enforceable upon Borrower in acco~ce with its terms, except as such
enforcement is affected by bankruptcy, insolv~y, moratorium, or other laws affecting
creditor's rights generally; and
(3) To such counsel's knowledge, this Loan Agreement does not violate any
other agreement, statute, court order, or law to which Borrower is a party or by which it is
bound.
(4) Interest on the SRF loan is excluded from gross income under Section
103(a) .of the Internal Revenue Code of 1986 as amended and any regulations or ruling
issued thereunder.
CITY OF WOODBURN .' R98412: 6/12/97
LOAN AGREEMENT
OREGON DEPARTMENT OF ENVIRONMENTAL QUALITY
STATE PIEVOLVING FUND
Exhibit "A"
P~ ~ of,~3
PAGE8
IOE
(5) Revenues used as security for the loan will not constitute taxes which are
limited by Section 1 lb, Article XI of the Oregon Constitution.
(B) BORROWER'S FmANC~m RECOm}S.
(1) The Borrower shall maintain appropriate and complete financial accounts
for this Project, for this debt service fund, and for the loan repayment funding source at all
times during the term of this Loan Agreement consistent with Generally Accepted
Government Accounting Stan~, Generally Accepted Accounting Principles, and State
Minimum Standards for Audits of Municipal Corpomtious. Separate accounting will be
performed for the Facility producing the gross sewer revenues and for the Project.
(2) The Borrower shall retain files and records relating to the Project and this
Loan Agreement for at least three O) years after the project has been completed and all
amounts due under this Loan Agreement are fully repaid.
(3) Audit. Federal enabling legislation and rules require an audit of each SRF
loan. DEQ agrees to accept the following as adequate to meet this requirement.
(a) A full and complete accounting of Project costs incurred including
doc, ument~ti_on to support each cost element with a summary of the total costs of the
Project and the sources of funding submitted to the DEQ no more than six months
following project completion; and
(b) A copy the Borrower's annual audit report provided by December
31 st of each year until the loan is fully repaid.
(C) INSURANCE. At its own expense, the Borrower shall procure and maintain
insurance coverage (including, but not limited to hazard, flood and general liability insurance)
adequate to protect DEQ's interest, and in such amounts and against such risks as are usually
insurable in connection with s'nnilar projects and as is usually carried by entities operating similar
facilities. The Borrower shall maintain this insurance until all amounts due under ~is Loan
Agreement are fully repaid, and shall provide evidence of such insurance to the DEQ. 8¢1f
insurance pursuant to a recognized municipal program of self insurance shall be adequate to satisfy
this requirement.
(D) SEWER RATE COVENANT.
(1) Sewer Rates to Cover Debt Service Payments. The Borrower covenants
with the DEQ and any assignee of this Loan Agreement that the Borrower shall charge fees
in connection with the operation of the sewer system which are adequate to generate Net
Operating Revenues in each fiscal year equal to or greater than the debt service coverage
factor given in Section I(Q) on page 3 multiplied by the debt service payments due under
this Loan Agreement in that fiscal year.
CITY OF WOODBURN .' R98412: 6/12/97 LOAN AGREEMENT
OREC~N DEPARTMENT OF ENVIRONMENTAL QUALITY
STATE REVOLVING FUND
ExhibR "A"
Page ~ offS5
IOE
PAGI~ 9
(2) Sewer Rate Adjustments. If, in any fiscal year, the Borrower fails to collect
fees sufficient to meet the coverage requirements described in paragraph (D)(1) of this
Article, the Borrower agrees to promptly adjust its fees to assure future compliance and to
transfer funds to the Sewer Fund from other sources in an amount equal to the deficiency.
Any mmsfers or deposits to the Sewer Fund shall be maintained in the Sewer Fund and be
used only for purposes for which the Net Operating Revenues may be used. The adjustment
of rotes and the transfer of funds to cover a deficiency does not constitute the correction of
the default created by the Borrower's failure to meet the coverage requirements.
(3) Financial Reporting Requirement The Borrower shall provide the DEQ
with a report which demonstrates the Borrower's compliance with the requirements of this
section by December 31st of each year until the loan is repaid. If the audit report described
in Section 4(BX3)(b) on page 8 identifies the Net Operating Revenues and contains a
calculation demonstrating whether the Borrower satisfied the requirements of subsection (1)
of this section, the audit report described in Section 4(B)(3)(b) on page 8 shall satisfy the
requirements of this subsectiom
(E) LOANRESERYEAcCOUNT.
(1) The Borrower covenants with the DEQ and any assignee of this Loan
Agreement that the Borrower shall create a restricted Loan Reserve Account, which it shall
hold in trust for the benefit of the DEQ and any assignee of this Loan Agreement~ The
Borrower covenants to use the funds in the Loan Reserve Account solely to pay amounts
due hereunder until the loan, interest and fees have been fully repaid.
(2) The Borrower covenants that it shall deposit an amount equal to the Loan
Reserve Requirement as described in Section I(R) on page 3 into the Loan Reserve
Account no later than the first day on which a disbursement is received hereunder.
(3) The Borrower covenants that if the balance in the Loan Reserve Account
falls below the Loan Reserve Req~ent, it will promptly deposit an amount sufficient to
restore the balance from the first net revenues available after payment of thc amounts due
hereunder unless the deposit has been made previously from other money of the Borrower.
DISBURSEMENT OF LOAN PROCEEDS.
(1) Bid Documents. The DEQ shall not be obligated to disburse any loan
proceeds to the Borrower hereunder unless and until the Borrower has submitted a copy of
the awarded contract and bid documents to the DEQ for the portion of the Project costs
which will be funded with the disbursement.
(2) Documentation of Expenditures. The Borrower shall provide the DEQ with
written evidence of materials and labor furnished to and performed upon the premises,
receipts for the payment of the same, releases, satisfactions and other signed statements and
forms as may be reasonably required by the DEQ.
CITY OF WOODBURN: R98412: 6/12/97 LOAN AGREEMENT
OREGON DEPARTMENT OF ENVIRONMENTAL QUALITY
STATE REVOLVING FUND
Exhibit "A"
Page I~) of .3~ ~)
IOE
?AO~ 10
(3) Adjustments and Corrections. The DEQ may at any time, review and audit
requests for disbursement and make adjustments for, but not limited to, ineligible
expenditures, mathematical errors, items not built or bought and unacceptable work.
Nothing herein contained shall require the DEQ to pay any amounts for labor or materials
unless satisfied that such claims are reasonable and that ~_ch labor and materials were
actually expended and used in the completion of the Project. In addition, the DEQ shall not
be required to disburse loan proceeds in any amount greater than the total estimated cost of
the work completed at the time of the disbursement as determined by the DEQ.
(4) Contract Retainage Disbursemem. The DEQ will not disburse loan
proceeds to cover contractor retainage unless the Borrower is disbursing retainage to an
escrow account and provides proof of the deposit, or until the Borrower provides proof that
retained funds were paid to the contractor.
(G) I~r~R~ST EXPENSE. Interest will accrue at the rate specified in Section l(O) on
page 2 from the date that a disbursement is mailed or delivered to the Borrower, or deposited into
an account of the Borrower. Interest will accrue without compounding using a 365/366 day year
until the Final Loan Amount is determined. After the Final Loan Amount is determined and the
final repayment schedule is p~pared, interest on future scheduled payments will accrue on a 360
day year basis and compound semi-annually on the payment due dates. Scheduled payments will
be applied to interest and principal according to the repayment schedule, rather than being applied
based on the day the payment is received.
(Il) FEES.
(1) Loan Processing Fee. The Borrower agrees to pay a oue-time loan
processing fee of one and oue-half percent (1.5%) of the Final Loan Amount The loan
proeess~ fee shall be assessed after the Final Amount is determined and shall be due and
payable as described in Section I(H) on page 2.
(2) Loan Servicing Fee. The Borrower agrees to pay an annual loan servicing
fee during the repayment period equal to one-half of one percent (0.5%) of the Outstanding
Loan Amount The loan servicing fee shall be assessed and payable as described in Section
l(I) on page 2. The loan servicing fee shall be calculated based upon the Outstanding Loan
Amount prior to the posting of the payment due on that date.
(3) Late Payment Fee. The Borrower agrees to pay immediately upon demand
of the DEQ, a late fee equal to five percent (5%) of any loan payment which is not received
by the DEQ on or before the tenth day after such payment is due. This late fee shall also
due date.
(I) LOAN REPAYMENT.
- (1) Final Loan Amount. After the final request for loan proceeds is submitted
by the Borrower and disbursed by the DEQ, the Final Loan Amount will be determined.
The Final Loan Amount is the sum of all disbursements made including any amounts
CITY OF WOODBURN: R98412 · 6112/97
OREGON DEPARTMENT OF ENVIRONMENTAL QUALITY
STATE REVOLVING F[IND
Exhibit "A"
Page. ti of-~:3
IOE
PAGE l, 1
authorized by loan amendments. The Final Loan Amount less any principal payments
received will be amortized over the balance of the repayment term specified under "Terms
of Repayment" in Section 1 (J) on page 2.
(2) Interim Payments. The Borrower agrees to make the first repayment on the
loan as stated on the repayment schedule, but, in any case, no later than one year following
the actual completion d_a_t¢ of the Project Semi-annual payments will continue to be due
based upon a Preliminary or revised schedule until the Final Loan Amount is determined
and the final repayment schedule is prepared. Any payments received during this period
will be credited first to accrued interest as of the date due and then to loan principal.
(3) Repayment Schedule. A final repayment schedule will be calculated after
the final disbursement is made and the Final Loan Amount is determined. This schedule
will record any interim payments which have already been made. The remaining scheduled
payments will amortize the Final Loan Amount less any principal payments received over
the remaining number of years or payments specified under "Terms of Repayment" in
Section l(J) on page 2. Attached as Appendix A is a preliminary repayment schedule based
on the estimated completion date and original Loan Amount.
(4) Crediting of Scheduled Payments. Scheduled payments will be applied first
to fees due, if any, and then to interest according to the repayment schedule, and then to
principal.
(5) Crediting of Unscheduled Payments. All unscheduled payments,, including
any prepayments and partial payments, will be applied first to fees due, if any, and then to
interest computed using.a 365/366 day year, and then to principal. Afl~ an unscheduled
payment, the Outstanding Loan Amount will be reamorfized at the same interest rate and
payment amount to reduce the loan maturity. After a partial payment, the Outstanding Loan
Amount will be reamortized at the same interest rate for the same number of payments to
increase the loan payment amount
(6) Final Payment. All omdin4 loan principal, interest and fees will be due
and payable no later than twenty years after the completion date.
PREPAYMENT.
(1) Optional Prepayment The Borrower may prepay any amounts owed on this
loan without penalty on any business day upon 24 hours prior written notice.
(2) Mandatory Prepayment. The Borrower shall prepay all amounts owed on
this loan upon receipt of notice that the DEQ has accelerated the loan in accordance with the
default provisions of this Loan Agreement
-.0) Refinancing of Loan by Borrower. The Borrower warrants that if it
refinances the portion of the Project financed by this loan, or obtains an additional grant or
loan which is intended to finance the portion of the Project financed by this loan, it will
prepay the portion of the Loan constituting a double benefit.
CITY OF WOODBURN: R98412: 6/12/97 LOAN AGREEMENT
OREGON DEPARTMENT OF ENVIRONMENTAL QUALITY
STATE REVOLVING FUND
Exhibit
Page
IOE
PAGE 12
ARTICLE 5: GENERAL REPRESENTATIONS, WARRANTIES AND COVENANTS
(A) REPRESENTATIONS AND WARRANTIES OF ~ BORROWER.
(1) The Borrower hereby certifies, recites and declares that all acts, conditions
and things required to exist, happen and be performed precedent to and in the issuance of
this Agreement have existed, have happened, and have been performed in due time, form
and manner as required by law;, and that the Loan Amount together with all obligations of
the Borrower does not, and will not, exceed any limits prescribed by the Constitution and
Statutes of the State of Oregon or the Borrower's authority.
(2) The Borrower warrants that it is a duly formed and existing municipal
corporation of the State of Oregon and has full corporate and other power to enter into this
Loan Agreement.
(3) The Borrower warrants that there is no material adverse information relating
to the Project or the loan, known to the Borrower, which has not been disclosed to the DEQ.
(4) The Borrower vamants that no litigation exists or has been threatened which
would cast doubt on the enforceability of the Borrower's obligations under this Loan
Agreement.
(5) The Borrower warrants that this Loan Agreement does not create any
unconstitutional indebtedness.
(6) The Borrower wammts that neither the execution of this Loan Agreement,
nor the consummation of the transactions contemplated hereby, nor the fulfillment of or
compliance with any of the t~imS and conditions of this Loan Agreement, will violate any
provision of law, or any order of any court or other agency of government, or any
agreement or other instrument to which the Borrower is now a party or by which the
Borrower or any of its properties or assets is bound, nor will same be in conflict with, result
in a breach or constitute a default (with due notice or the passage of time or both) under any
such agreement or other insUmnent, or, except as provided hereunder, result in the creation
or imposition of any lien, charge or encumbrance of any nature whatsoever upon any of the
property or assets of the Borrower. ~
(7) The Borrower yam-ants that any necessary local, state, and federal licenses,
permits, and other approvals and authorizations for completion of the Project have been or
will be obtained before the Project begins, and their provisions shall be complied with
during the term of this Loan Agreement.
(B) _.REPRESENTATIONS ANn WARRANTIES OF THE DEQ. The DEQ represents and
warrants that the Director or the Director's representative has power under ORS 468 and OAR,
Chapter 340, Division 54, to enter into the transactions contemplated by this Loan Agreement and
to carry out the Department's obligations thereunder. By proper action of the State, the Director
CITY OF WOODBURN: R98412: 6/12/97 LOAN AGREEMENT
OREGON DEPARTMENT OF ENVIRONMENTAL QUALITY
STATE REVOLVING FUND
E bit"^" 10 E
Page/'~ of~).~ PAGE 13 .
and the Directox~s representative have been duly authorized to execute and deliver this Loan
Agreement and to make the loan as contemplated hereby.
(C) PROJECT ASSURm~CV.S. Nothing in this Loan Agreement prohibits the Borrower
t~om requiring more assurances, guarantees, or indemnity or other contractual requirements from
any pa~ty performing Project work.
(I))
DEQ that:
GENERAL COVENANTS OF THE BORROWER. The Borrower covenants with the
(1) The Borrower shall use the loan funds only for payment of or
reimbursement of costs of the Project in accordance with this Loan Agreement.
(2) The Borrower is and will be the owner of the sewer system and the Project,
and shall defend it against the claims and demands of all other persons at any time claiming
the same or any interest therein.
(3) The Borrower shall not sell, transfer, or encumber the sewer system without
the prior written approval of the DEQ, which approval shall not unreasonably be withheld.
Upon sale of the sewer system or the Project, in whole or in part, to a private purchaser, this
SRF loan shall be immediately due and payable in full.
(4) The Borrower shall undertake the Project, request disbursements under this
Loan Agreement, and use the Loan Amount in full compliance with all applicable laws and
rules of the State of Oregon, including ORS Chapter 468 and Oregon Administrative Rules
Sections 340-54005 to 340-54-080, as they may be amended from time to time, and all
applicable laws and rules of the United States, including Title VI of the Clean Water Act as
amended by the Water Quality Act of 1987, Public Law 1004 and any subsequent
amendments, and all applicable rules of the U.S. Environmental Protection Agency. Article
10 on page 19 lists many of the applicable federal laws and authorities CCross-Cutters").
(5) To the fullest extent permitted by law, the Borrower shall indemnify, save,
defend and hold the DEQ hoxml~ in any action, suit, or claim arising from the Borrower's
failure to comply with any laws, requirements, permits and licenses relating to the Project
or this Loan Agreement.
(6) The Borrower shall disburse monies from the loan proceeds solely for the
costs of the Project.
(7) Concurrent with the execution and delivery of this Loan Agreement, or as
soon thereafter as practicable, the Borrower shall take all steps necessary to cause the
Project to be completed in accordance with ail applicable DEQ requirements.
_ (8) If the Loan Amount is not sufficient to pay for the costs of the Project in
full, the Borrower shall pay at its own expense from its own funds and without any fight of
reimbursement from the DEQ all such costs of the Project in excess of the loan funds and
additions thereto.
CITY OF WOODBURN: Rgg412: 6/12/97 LOAN AGREEMENT
ORECK)N DEPARTMENT OF ENVIRONMENTAL QUALITY
~TATE ~EVOLVING FUND
Exhibit "A"
P~e /~of
IOE
I:'^~ 14
(9) The Borrower shall take no action which would adversely affect the
eligibility of the Project as a State Revolving Fund Project, or cause a violation of any loan
covenant herein.
(10) The Borrower shall keep the sewer system in good repair and working order
at all times and operate the system in an efficient and economical manner.
DEQ that:
PROJECT COVENANTS OF TIlE ]~ORROWER. The Borrower covenants with the
(1) MBE, WBE and SBRA Affin-aafive Steps. The Borrower shall promote a
fair share award to Small Businesses in Rural Areas, Minority Business Enterprises, and
Women's Business Enterprises on all contract and subcontracts awarded as a part of the
Project.
(2) Surety Bond. Unless the DEQ provides a written waiver, the Borrower shall
have all prime contractors execute and deliver a corporate surety bond acceptable to the
DEQ for thc faithful performance of thc contract or subcon~t and payment of all liens and
lienable expenses in connection therewith in a sum equal to the contract or subcontract
price.
(3) Retainage. Thc Borrower shall include a five percent (5%) retainage
provision in all of the Borrowers contracts for purchases or completion of any part of the
Project greater in cost than One Hundred Thousand ($100,000) Dollars.
(4) Change Orders. The Borrower shall submit all change orders to the DEQ.
The Borrower shall not use amounts loaned under this Loan Agreement to pay for costs of
any change order which has not been approved, in writing, by the DEQ. This subsection
shall not prevent the Borrower from approving a change prior to approval by DEQ, as long
as the Borrower accepts the risk of paying for costs of the change if it is not approved by
DEQ.
ARTICLE 6: REPRESENTATIONS, WARRANTIES AND COVENANTS RELATING TO
CONSTRUCTION PROJECTS ONLY
(A) COVENA~WrS. The Borrower covenants with the DEQ that:
(1) Inspections. The Borrower shall provide inspections during the building of
the Project as required by the DEQ to ensure that the Project complies with approved plans
and specifications. These inspections shall be conducted by qualified inspectors under the
direction of a registered civil, mechanical or electrical engineer, whichever is appropriate.
The DEQ or its representatives may conduct interim building inspections to determine
compliance with approved plans and specificatious and with the Loan Agreement, as
appropriate.
CITY OF WOODBURN: R98412: 6/12/97 LOAN AGREEMENT
OREGON DEPARTMENT OF ENVIRONMENTAL QUALITY
STATE REVOLVING FUND
IOE
PAGE 1.5 ·
(2) Asbestos. The Borrower shall ensure that any removal of asbestos which
may be part of this Project will be performed by parties trained and qualified for asbestos
removal.
(3) ~on and Maintenance Manual. The Borrower shall submit a draft
facility operation and maintenance manual before the project is filly percent (50%)
complete. The Borrower shall submit a facility operation and maintenance manual which
meets DEQ approval before the Project is ninety percent (90%) complete.
(4) Project Performance Certification. Draft performance standards shall be
submitted by the borrower before fifty percent (50%) project completion. Final
standards shall be submitted and approved by DEQ before ninety percent (90%) project
completion. The borrower shall notify the DEQ of the initiation of operation date
within 30 days following the event. No later than 10.5 months after the initiation of
operation, the borrower shall submit a performance evaluation report based on the
approved performance evaluation criteria and standards. An affn'mafive or negative
certification statement is required one year after the project's initiation of operation. If
the project certification is negative, a corrective action plan shall be submitted to DEQ
within two months of the certification to provide a basis for discussion and action to
correct project deficiencies. The Project performance process is discussed in further
detail in the 'SRF Manual for Construction Projects.'
($) Alterations After Completion. The Borrower shall not m~t_efially alter the
design or smictmal character of the Project after the completion of the Project without the
written approval of the DEQ.
(B) Cos'rs ALV. ZAOY I~cvmum ~v mm4z Bom~owzg.
(1) The Borrower represents that the mount of construction costs of the Project
which have been incurred by the Borrower for the Project as of the date of this Loan
Agreement do not exceed the amounts shown in Section I(M) on page 2.
(2) The DEQ has relied upon Borrower's representation as to the amount of
construction costs incurred prior to the date of this Loan Agreement If that sum is within
the U.S. Environmental Protection Agency's definMon of"refinancing," the DEQ warrants
that that amount is within the exception to the refimneing rule allowed by the EPA. As
such, State Revolving Fund rules (40 CFR Part 35) allow disbursements to be made on a
reimbursement basis.
(C) PLANS AND SPECIFICATIONS. The Borrowees plans, specifications and related
documents for the Project will be reviewed and approved by the DEQ.
(D) PROJECT INITIATION OF OPERATIONS.
(1) The Borrower shall notify the DEQ no more than thirty 00) days ~er the
actual Project Completion Date.
CITY OF WOODBURN: R98412: 6/12/97 LOAN AGREEMENT
OILEGON DEPARTMENT OF ENVIRONMENTAL QUALITY
STATE REVOLVING FUND
Exhibit "A"
Page /~ of '~
IOE
PAG£ 16
(2) If the Project is completed, or is completed except for minor items, and the
Project is operable, but the Borrower has not sent its notice of initiation of operation, the
DEQ may assign an initiation of operation date.
ARTICLE 7: RIGHTS Og DEQ; LIMITATIONS ON DEQ RESPONSIBILITIES
(A) QUALrrY Og MATEmALS. The DEQ does not warrant or guarantee the quality of
materials supplied to and which become a part of the Project, the quality of the workn2mhip
performed upon the project, or the extent and stage of completion of the Project, and no such
warranty or guarantee shall be implied by virtue of any inspection or disbursement made by the
DEQ.
(B) LIABILITY OF THE DEQ. It is expressly understood and agreed that the DEQ will
be under no liability of any kind or character whatsoever for payment of labor or materials or
otherwise in connection with the completion of the Project or for the caning out of contracts
entered into by the Borrower with third parties for the completion of the Project All costs of
material, labor and construction, including indirect costs, shall be paid by the Borrower.
(C) RIGHT OF ENTRY AND INsrgcrloN. The Borrower will allow the DEQ or its
agents or assignees the fight to enter the premises during reasonable business hours upon
reasonable notice to the Borrower to inspect the Project and for all other lawful purposes including
the examining of books and records pertaining to the Project or this Loan Agreement and to make
extracts and copies thereof.
(D) DEQ NOT Ry_,QUm~D TO ACT. Nothing contained in this Loan Agreement shall
require the DEQ to incur any expense or to take any action hereunder, and it shall not be liable to
the Borrower for any damages or claims arising out of action taken pursuant to this Loan
Agreement.
(E) WAIVERS AND RESERVATION OF RIGHTS.
(1) The waiver by the DEQ of any breach by the Borrower of any term,
covenant or condition of this Loan Agreement shall not operate as a waiver of any
subsequent breach of the same or any other term, covenant, or condition of this Loan
Agreement The DEQ may pmm~ any of its remedies hereunder concurrently or
consecutively without being deemed to have waived its right to pursue any other remedy.
(2) Nothing in this Loan Agreement affects the DEQ's right to take remedial
action, including, but not limited to, administrative enforcement action and actions for
breach of contract against a Borrower that fails to carry out its obligations under this Loan
Agreement.
CITY OF WOODBURN: R98412: 6/12/97 LOAN AOREEMENT
OREGON DEPARTMENT OP ENVIRONMENTAL QUALITY
STATE REVOLVING FUND
Exhibit "A"
IOE
PAGE 17
(F) NONLIABILITY OF STATE.
(1) The State and its officers, agents and employees shall not be liable to the
Borrower, or to any other party whomsoever for any death, injury, damage, or loss that may
result to any person or property by or from any cause whatsoever, arising out of the Project.
The Borrower shall, and does hereby agree to the extent permitted by law and the Oregon
Constitution, to indemnify, defend, save and hold thc State, its officers, agents and
employees harmless from and defend each of them against any and all claims, liens and
judgments for death of, injury to, or loss by any person or damage to property whatsoever
occurring in, on or about the premises of the Project or due to the existence or activities of
the Project, and, to the extent permitted by law, any reasonable attorneys' fees and expense
incurred in connection with litigation against the State challenging or questioning the
validity of this Loan Agreement, the existence or activities of the Project or actions,
contracts, permits, or licenses obtained, agreed to, or performed by the Borrower in
connection therewith.
(2) Any findings by the Department conceming the Project and any inspections
or analyses of the Project by the DEQ are for purposes of determining eligibility for the loan
and disbursement of loan proceeds only and do not constitute an endorsement of the
feasibility of the Project or its components or an assurance of any kind for any other
purpose.
(3) Review and approval of facilities plans, design drawings and specifications
or other documents by or for the DEQ does not relieve the Borrower of its responsibility to
properly plan, design, build and effectively operate and maintain the Facility as required by
law, regulations, permits and good management practices.
ARTICLE 8: DEFAULT AND REMEDIES
(A) EVENTS OF DEFAULT. The occurrence of one or more of thc following events shall
constitute an Event of Default, whether occurring voluntarily or involuntarily, by operation of law
or pursuant to any order of any court or governmental agency:
(1) The Borrower's failure to make any loan payment within thirty (30) days
after the payment is scheduled to be made acco~ to the repayment schedule;
(2) The Borrower's failure to comply in any malefial respect with any other
covenant, condition, or agreeraent of the Borrower hereunder for a period of thirty 00) days
after notice thereof from the DEQ;
(3) The DEQ reasonably determines that any representation or warranty made
by the Borrower hereunder was untrue in any material respect as of the date it was made;
(4) The Borrower becomes insolvent or admits in writing an inability to pay its
debts as they mature or applies for, consents to, or acquiesces in the appointment of a
trustee or receiver for the Borrower or a substantial part of its property; or in the absence of
CITY OF WOODBURN: R98412: 6/12/97 LOAN AGREEMENT
OREGON DEPARTMENT OF ENVIRONMENTAL QUALITY
~TATE REVOLVING FUND
Exhibit "A'
IOE
PAGE 18
such application, consent, or acquiescence, a trustee or receiver is appointed for the
Borrower or a substantial part of its property and is not discharged within sixty (60) days; or
any bankruptcy, reorganization, debt arrangement or moratorium or any dissolution or
liquidation prig, is instituted by or against the Borrower and, if instituted against the
Borrower, is consented to or aequiescxxt in by the Borrower or is not dismissed within
ninety (90) days; or
(5) The DEQ reasonably determines that, as a result of any ~hanges in the
Constitution of the United States of America or the Oregon Constitution or as a result of
any legislative, judicial, or administrative action, any part of this Loan Agreement shall
have become void or unenforceable or impossible to perform in accordance with the
isatention and purposes of the parties hereto, or shall have been declared unlawfial.
may:
REMEDIF_~. If the DEQ determines that an Event of Default has occurred, the DEQ
(1) Declare the Outstanding Loan Amount plus any unpaid accrued interest and
fees immediately due and payable;
(2) Cease making disbursement of loan proceeds, or make some disbursements
of loan proceeds and withhold or refuse to make other disbursements;
(3) Appoint a receiver at the expense of the Borrower to operate the Facility and
collect the gross revenues;
(4) Pay, compromise or settle any liem on the premises or the Project or pay
other sums required to be paid by the Borrower in connection with the Project, at the DEQ's
discretion, using the loan proceeds and such additional money as may be required. In the
event of payment by the DEQ, or anypayment out of the loan proceeds secured hereby, of
any encumbrance, lien, claim, or demand, the DEQ may, at its option, be subrogated to the
extent of the amount of such payment to all the rights, powers, privileges, and remedies of
the payor or payee, as the ease may be, and any such subrogation rights shall be additional
cumulative security for this Loan Agreement;
(5) Direct the State Treasurer to withhold any amounts otherwise due to the
Borrower from the State of Oregon and, to the extent permitted by Law, direct that such
funds be applied to the amounts due to the DEQ under this Loan Agreement and be
deposited into the State Revolving Fund;
(6) Compel the specific performance of any term, covenant, or condition of this
Loan Agreement; and
(7) Pursue any other legal or equitable remedy it may have.
(C) ATTORNEYS' Fggs A~m EXl'ENS~_~S. In the event the Borrower shall default under
any of the provisions of this Loan Agreement and the DEQ shall employ attorneys or incur other
expenses for the DEQ's suecessfifl enforcement of or the performance or observance of any
CITY OF WOODBURN: R98412: 6/12/97 LOAN AGREEMENT
OREGON DEPARTMENT OF ENVIRONMENTAL QUALITY
STATE REVOLVING FUND
~,,hibit"A" 10E
Pm~ , I c~i of::; .3
PAGE 19
obligation or agreement on the part of the Borrower contained therein, the Borrower agrees that it
will, upon demand thereof, pay to the order of the DEQ the reasonable fee of such attorneys and
other expenses incurred by the DEQ.
ARTICLE 9: SRF PROCEmJRKS MANUAL
The Oregon Administrative Rule references the Staie Revolving Fund Procedures Manual for
requirements and guidance on many aspects of Section 212 publicly-owned treatment works
projects. This document lists many of the requirements for meeting DEQ plan review and approval
standards, as well as SRF loan conditions. While some of the document is guidance rather than
requirement, this guidance is written with the intent of assisting the Borrowe~ with important
issues, and borrowers are strongly encouraged to consider and follow the guidance when
applicable. The SRF Manual for Construction Projects provides additional information on many of
the project requirements and guidance.
ARTICLE 10: APPLICABLE FEOERAL AtrrHORITmS ,*.No LAWS ("CROSS-CUTTERS")
(A) ENVIRONMENTAL LEGISLATION:
Archaeological and Historic Presentation Act of 1974, PL 93-291.
Clean Air Act, 42 U.S.C. 7506(c).
Coastal Barrier Resomces Act, 16 U.S.C. 3501, et seq.
Coastal Zone Management Act of 1972, PL 92-583, as mended.
Endangered Species Act 16 U.S.C. 1531, et seq.
Executive Order 11593, Protection and Enhancement of the Cultural Environment.
Executive Order 11988, Floodplain Management.
Executive Order 11990, Protection of Wetlands.
Farmland Protection Policy Act, 7 U.S.C. 4201, et seq.
Fish and Wildlife Coordination Act, PL 85-624, as amended.
National Historic Preserv~on Act of 1966, PL 89-665, as amended.
Safe Drinking Water Act, Section 1424(e), PL 92-523, as amended.
Wild and Scenic Rivers Act~ PL 90-542, as amended.
Federal Water Pollution Control Act Amendments of 1972, PL 92-500.
ECONOMIC LEGiSLATiON:
Demonstration Cities and Metropolitan Development Act of 1966, PL 89-754, as amended.
Section 306 of the Clean Air Act and Section 508 of the Clean Water Act, including Executive
Order 11738, Administration of the Clean Air Act and the Federal Water Pollution Control
Act with Respect to Federal Contracts, Grants or Loans.
(C) SOCIAL LEGISLATION:
Age Discrimination Act, PL 94-135.
Civil Rights Act of 1964, PL 88-352, as amended, 42 U.S.C. 2000d et seq.
CITY OF WOODB~: PO8412: 6/12/97
LOAN AGREEMENT
OREGON DEPARTMENT OF ENVIRONMENTAL QUALITY
· STATE ~REVOLVING FUND
Exhibit "A"
Page -20 of · ~ :~
IOE
?^~. 20 ~
Section 13 of PL 92-500; Prohibition against Sex Discrimination under the Federal Water Pollution
Control Act.
Executive Order 11246, Equal Employment Opportunity.
Executive Order 11625 and 12138, Women's and Minority Business Enterprise.
Section 504 of the Rehabilitation Act of 1973, PL 93-112 (including Executive Orders 11914 and
11250), as amended, 29 U.S.C. 794.
(D) M SC .£LA .OVSAVX.oRrrY:
Uniform Relocation and Real Property Acquisition Policies Act of 1970, PL 92-646.
Executive Order 12549 and 40 CFR Part 32, Debarment and Suspension.
Disclosure of Lobbying Activities, Section 1352, Title 31, U.S. Code.
CITY OF WOODBURN: R98412 · 6/12/97 LOAN AGREEMENT
OREGON DEPARTMENT OF ENVIRONMENTAL QUALITY
STATE REVOLVING FUND
Exhibit "A"
Page~f.~ / offs) ~
IOE
PAGE ~ 1
ARTICLE 11: LOA~ EXECUTION
This loan agreement is executed between the STATE OF ORg, C~N DEPARTMENT OF
ENVIRONMENTAL QUalITY (thc "DEQ") and the CITY OF WOODBURN (the "Borrower") effective
as ofthe date indimted in Section I(E) on page 2.
BORROWER: CITY OF WOODBURN
Authorized Officer
Typed Name:
Tide:
Date
STATE OF OREGON, )
)
County of )
This instrument was acknowledged before me on
by as the
Name Tide
of the City of Woodburn.
Notary Public for Oregon
My commission expires:
DEQ: STATE OF OREGON DEPARTMENT OF ENVIRONMENTAL QuALrrY
Authorized Officer
Typed Name:, Langdon Marsh
Tide: Director
Date
CITY OF WOODBURN ' R98412: 6/12/97
LOAN AGREEMENT
OREGON DEPARTMENT OF ENVIRONMENTAL QUALITY
STATE REVOLVrNG FUND
Exhibit "A"
Page.~ ~ of ,-~ ~
IOE
PAGE 22
APPENDIX A: PRELIMINARY REPAYMENT SCHEDULE
IBORROWER:
SRF LOAN NO.:
LOAN AMOUNT:
Due
Date Pmt~
CITY OF WOODBURN I I ANNUAL INTEREST RATE:
R98412 I I TERM IN YEARS:
$20,000,000.00 PAYMENT AMOUNT:
................... PAYMENT ...................
Prine~pe! Interest Fees Total
3.87%I
$735,149.6~01
Print;pal
Balance
6/1/01 1
12/1101 2
6/1/02 3
12/1102 4
6/1/03 5
0.00 774,000.00 300,000.00 1,074,000.00
348,149.69 387,000.00 100,000.00 835,149.69
354,886.39 380,263.30 0.00 735,149.69
361,753.44 373,396.25 96,484.82 831,634.51
368,753.37 366,396.32 0.00 735,149.69
$20,000,000.00
20,000,000.00
19,651,850.31
19,296,963.92
18,935,210.48
18,566,457.11
12/1/03
6/1104
12/1/04
611/05
12/1/05
611106
6
7
8
9
10
11
375,888.74 359,260.95 92,832.29 827,981.98
383,162.19 351,987.50 0.00 735,149.69
390,576.38 344,573.31 89,037.03 824,186.72
398,134.03 337,015.66 0.00 735,149.69
405,837.93 329,311.76 85,093.48 820,243.17
413,690.89 321,458.80 0.00 735,149.69
18,19O,568.37
17,807,406.18
17,416,829.80
17,018,695.77
16,612,857.84
16,199,166.95
12/1/06
6/1/07
1 2/1/07
6/1/08
12/1/08
12
13
14
15
16
421,695.81 313,453.88 80,995.83 816,145.52
429,855.62 305,294.07 0.00 735,149.69
438,173.33 296,976.36 76,738.08 811,887.77
446,651.98 288,497.71 0.00 735,149.69
455,294.70 279,854.99 72,313.95 807,463.64
15,777,471.14
15,347,615.52
14,909,442.19
14,462,790.21
14,007,495.51
6/1/09
12/1/09
6/1110
12/1110
6/1 I11
12/1/11
6/1 I12
12/1112
6/1/13
12/1/13
17
18
19
20
21
22
23
24
25
26
464,104.65 271,045.04 0.00 735,149.69
473,085.08 262,064.61 67,716.95 802,866.64
482,23927 252,910.42 0.00 735,149.69
491,570.60 243~579.09 62,940.33 798,090.02
501,082.49 234,067.20 0.00 735,149.69
510,778.44 224,371.25 57,977.07 793,126.76
520,662.00 214,487.69 0.00 735,149.69
530,736.81 204,412.88 52,819.86 787,969.55
541,006.57 194,143.12 0.00 735,149.69
551,475.05 183,674.64. 47,461.15 782,610.84
13,543,390.86
13,070,305.78
12,588,066.51
12,096,495.91
11,595,413.42
11,084,634.98
10,563,972.98
10,033,236.17
9,492,229.60
8,940,754.55
611114 27
12/1114 28
611/15 29
12/1/15 3O
6/1/16 31 606,935.45
12/1/16 32 618,679.65
611/17 33 630,651.10
12/1117 34 642,854.20
6/1118 35 655,293.43
12/1118 36 667,973.36
562,146.09 173,003.60 0.00 735,149.69
573,023.62 162,126.07 41,893.04 777,042.73
564,111.62 151. 038.07 0.00 735,149.69
595,414.18 139735.51 36,107.37 771,257.06
128 214.24
116 470.04
104 498.59
92 295.49
79 856.26
67 176.33
8,378,608.46
7,805,584.84
7,221,473.22
6,626,059.04
0.00 735,149.69 6,019,123.59
30,095.62 765,245.31 5,400,443.94
0.00 735,149.69 4,769,792.84
23,848.96 758,998.65 4,126,938.64
0.00 735,149.69 3,471,645.21
17,358.23 752,507.92 2,803,671.85
6/1/19 37 680,898.64 54,251.05 0.00 735,149.69
12/1/19 38 694,074.03 41,075.66 10,613.87 745,763.56
6/1120 39 707,504.36 27,645.33 0.00 735,149.69
12/1/20 40 721,194.82 13,955.12 3,605.97 738,755.91
TOTALS $20,000,000.00 $ 9,444,838.16 $1,445,933.90 $ 30,890,772.06
REQUIRED LOAN RESERVE: $ 1,472,242
2,122,773.21
1,428,699.18
721,194.82
(0.00)
21TY OF WGODBURN: R98412: 6/12/97
LOAN AGREEMENT
OREGON DEPARTMENT OF ENVIRONMENTAL QUALITY
STATE REVOLVING FUND
Exhibit "A"
Pa~ ~.-~ ~ of ~.~--~
IOE
PAGE 23
APPENDIX B: RESOLUTION
[Attach copy of the Resolution approving the loanJ
CITY OF WOODBURN: R98412: 6/12/97 LOAN AGREEMENT
IOF - H
MEMO
TO:
FROM:
SUBJECT:
DATE:
City Council through City Administrator
Public Works Program Manager ~
Agreements for Construction Financing for Roadway Improvements
Associated with Construction of the Waremart Distribution Center
June 19, 1997
RECOMMENDATION: Approve the three attached resolutions that enter into separate
agreements to provide for the construction financing necessary for construction of
roadway improvements for Highway 219 and the I-5 ramps necessitated by the
construction of the Waremart Distribution Center and the Hillyer's Ford auto
dealership.
SUMMARY: ODOT originally indicated to the City that Waremart could sign a three
party agreement with ODOT, the city and Waremart. After the Oregon Attorney
General advised ODOT that it could only legally execute an agreement with the city,
it became necessary for city staff to negotiate and draft three separate agreements
to accomplish the improvements.
AGREEMENTS:
1 ST:
The first agreement is between the city and Waremart and administratively
outlines responsibilities, primarily associated with construction financing,
associated with an Immediate Opportunity Fund (IOF) project. Other provisions
of the agreement are as a result of requirements dictated by the state.
2ND:
The second agreement, between the city and Hillyer's Ford, is required to
formalize construction financing and insure that the city is reimbursed for
improvements that are Hillyer's responsibility but are included in a larger
contract being administered by the city.
3RD:
The third agreement is between the city and the State and covers the
administration of the IOF project that deals with the roadway improvements
and other obligations required by the Waremart Distribution Center.
BACKGROUND: The construction of the Waremart Distribution Center required that
certain improvements be made to Highway 219 and to the I-5 ramps. ODOT, at the
request of the Economic Development Department, provided IOF to pay for 50% of
these required improvements up to a maximum of $285,000. The remaining 50% of
the funding, en additional $285,000 to bring the total project cost to $570,000,
would be provided jointly by the city and Waremart on a shared basis. The City cost
share is from the installation of the traffic signal at the northbound I-5 offramp. The
city share for these Signal costs is limited to $122,797 by the agreement. Any costs
in excess of the $570,000 provided by the IOF project would be the responsibility of
Waremart.
The construction of the Hillyer's Ford auto dealership, which is located adjacent to
Waremart property on Highway 219, also required frontage improvements be made
to Highway 219. Since their improvements were adjacent to Waremarts, ODOT
directed, through Hillyer's access permit, that the project be incorporated with
Waremarts to insure that work was done at the same time and with a minimum of
disruption to traffic. Hillyer's Ford is responsible for the costs but the city would be
administering the entire contract due to IOF involvement.
There is a section of Highway 219 from the east edge of the Hillyer's Ford property
to the southbound I-5 onramp that also required improvement to provide safe vehicle
movement onto the Interstate and maintain continuity of the roadway. This frontage
to this property is part of the state right of way. Waremart and Hillyer's have agreed
to equally split the costs involved with improving this section. Provisions for this cost
share are also covered in the agreements with Waremart and Hillyer's Ford.
ODOT required an agreement with the city to administer the contract that included
IOF funding. State statute did not allow the state to enter into an agreement with
Waremart in this situation. Therefore, some state requirements of Waremart as a
result of the IOF involvement and distribution center construction were include as a
city obligation in this agreement. In turn then, the City in its agreement with
Waremart made these obligations a responsibility of Waremart.
COUNCIL BILL NO. 1805
RESOLUTION NO.
1OF
A RESOLUTION ENTERING INTO A CONSTRUCTION FINANCE AGREEMENT WITH
WAREMART, INC. TO PROVIDE FOR ADMINISTRATION AND FUNDING OF A STATE OF
OREGON IMMEDIATE OPPORTUNITY FUND PROJECT FOR ROAD IMPROVEMENTS ON
HIGHWAYS 214 AND 219 AND THE I-5 INTERCHANGE REQUIRED BY CONSTRUCTION
OF WAREMART'S DISTRIBUTION CENTER AND AUTHORIZING THE MAYOR AND CITY
RECORDER TO SIGN SUCH AGREEMENT.
WHEREAS, Construction of the Waremart, Inc. Distribution Center required Highway
214 and 219 and I-5 interchange roadway improvements, and
WHEREAS, The State of Oregon provided Immediate Opportunity Fund program
financing for the roadway improvements required by the Waremart Distribution Center, and
WHEREAS, The
14,736 is required to
improvements, and
City of Woodburn through the State of Oregon Agreement No.
administer the construction contract for the required
WHEREAS, The State of Oregon is not allowed by state law to enter into an
agreement with a private company to accomplish administration and funding for the
Immediate Opportunity Fund (IOF) project that was approved to provide roadway
improvements for the Waremart, Inc. distribution center, and
WHEREAS, To receive the IOF project that has been approved for the roadway
improvements an agreement is required between the City and Waremart, Inc. for
administration and funding; NOW THEREFORE
THE CITY OF WOODBURN RESOLVES AS FOLLOWS:
Section 1. That the City of Woodburn enter into a Construction Finance Agreement
agreement with Waremart Inc. which is attached as Exhibit 'A' and by this reference
incorporated herein for administration and funding of a State of Oregon Immediate
Opportunity Fund project for roadway improvements on Highway 214 and 219 and the I-5
Interchange required by construction of Waremart's distribution center.
Section 2. That the Mayor and City Recorder are authorized to sign said agreement
on behalf of the City of Woodburn.
Page 1 - COUNCIL BILL NO.
Approved as to form.'~~ ~
City Attomey
Date
IOF
APPROVED:
Nancy A. Kirksey, Mayor
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Recorder
ATTEST:
Mary Tennant, Recorder
City of Woodbum, Oregon
Page 2 - COUNCIL BILL NO.
Exhibit "A"
Pa~ I of 4
CONSTRUCTION - FINANCE AGREE~
IMMEDIATE OPPORTUNITY FUND PROJECT
1OF
THIS AiIF, I~I~It!I~ is made and entered into by and between the CITY OF WOODBUR~, an
Oregon municipal corporation, actin~ by and through its elected officials, hereinafter referred to
- "":"~' and WABIiIdART, INC., a corporation author~d~ to do business in the State of
Oregon, acth~ by and through its company officials, hereinafter referred to as ``Company.
RECITALS
1. The Oregon Transportation Commission, at its ~'ul~ 15, 1988, meeting, approved
estsb~ an Immediate Opportunity Fund (IOF). The purpose of the IOF is to support
specific economic devdop~ in Oregon through the construction or improvement of
roads. FundinE is reserved for cases where there is an actual transpo~ation problem to be
solved, and where a development location decision hinges upon an hnmediate commitment
of road construction resources.
2. The State of Oregon, acfi~ through its Department of Transportation (hereinafter
referred to as "State') has entered into IOF Agreement No. 14,736 with City which
outlines State and City responsibilities for the IOF project.
3. Company plans to build a new distribution center on an 80 acre site in Woodbunt The
project will include improvements to the Woodbum I-5 interchange and to the }rdlsboro-
~ilverton tilE.away ~ ~'"' . · .......... ,~u...~., at the stalgiara ox a ~ mu~
th~ IdllLSDOrO-bllVef~ou t-~u,,~
Waremart property alon8 ........ traffic signal at northbound off-
.~,,,4ol rloht-turn ~e Off nofthboul~ orr-lamp,.m~.w. - -'-~-~--'-~-,,-~ and
are appwximately as shown on Exlu~it ``A', attached hereto and by this reference made a
part hereof.
· ' Co has" to pay for the cost of'one half of the .ad~tio. nal..f~-onta~..e
In addition, mpany. _~ ....... ~.,-~---, that are required to ~ irom me
· o theHills~ro~uwn°u r~r~,,,-~ . to
mprovements al n~ d on-ram
- - -~ -~-,,.--~- Ford dealership to the southbour~ P
eastern boundary of me propose~ r~-
I-~.
The new traffi~ ~ at tbe northbound off-ramp is covered by .a4p~ment No. 14,?$1
between State and City.
The hi widening and other ' .unpro~ alon8 the fronta~.e2f,.I~ll, ,~Y~'~eF~d
ed. ~ . _ . , ro-Silverton~,r,,,-=:
(here/hatter referred to as l~lly~ s) on rue Hillsbo Hillyer's lVlid-
pursuant to the terms of a separate atp'eement to be entered into between
City Ford, Inc. and City. Said frontage improvements are part of the entire project but not
a part of the IOF rehnbursement.
Pa~e 1 - CONSTRUCTION-FINANCE A~
Exhibit "A"
Page ;k of 4
The project meets the IOF criteria. The cost of the Improvements is estimated to be
$570,000. The Oregon Economic Development Depamnent is reque.s~g assistance on
this project in the amount orS0 percent funding, or up to $285,000. The matc~ 50
percent will be provided by City ($122,797, per Agreement No. 14,571) and Company
($162,203).
State has agreed to provide IOF funds up to nn amount not to exceed $285,000. Any
project costs, as outlined in this Agreement, over this amount shall be the responst~ility of
Company.
NOW, THEREFOR~ the premises being in general as stated in the foregoing ~ALS, it is
agreed by and between the parties hereto as £oHows:
ARTICLE 1. OBLIGATIONS OF CITY
City agrees to fund, pursuant to Agreement No. 14,571, the sum of $122,797 as City's
share of the Improvements.
City agrees, by January 30, 2005, to send to State a written report documenting the
number of new employment positions created and filled by Company at the Woodbum
Distribution Center from the start of construction until December 31, 2004. The data
contained in City's written report to State shall be based upon the information supplied to
City by Company.
ARTICI-E 2. OBLIGATIONS OF COMPANY
Company agrees to pay to City the sum of $162,203 as Company's share of the
Improvements.
If the total cost of the Improvements exceed $570,000, Company agrees to pay to City an
additional sum equal to the full amoum of the excess cost.
Company shall be solely and exclusively responsible for half street improvements to
I-Y~way 219 for st distance of 474.Z] feet beginning at the northwest corner of tax lot
100, map 5-2W-11, and proceeding easterly along said frontage to a point where the Tax.
lot joins tax lot 105, owned by ITdlyer.
Company and I-rdlyer shall be equally responsible for road in~rovemems to ~ 219
and the freeway interdmnge from the eastern terminu~ of the I-rdlyer's street improvement
obligation to the beginning of the project (station 0+00 on the engineering plans prepared
by Westech Engineering) at the entrance to the south bound freeway on-ramp, an
approximate distance of 255 feet.
1OF
Page 2 - CONSTRUCTION-FINANCE AGREEMENT
Exhibit "A'
Page _~ of 4
Company agrees, by January 15, 2005, to send to City a written report documenting the
number of new employment positions created and filled by Company at the Waremart
Woodbum Distribution Center from the beginning of construction until December 31,
2004.
Company understands and agrees that, pursuant to IOF requirements, Company i~ under a
legal obligation to create and fill at least 350 new employee positions at the Waremart
Woodbum Di~n'bution Center from the beginning of construction until December 2004.
In the event that 350 new employee positions are not created and filled by Company at the
Waremart Woodbum Dism~on Center from the beginning of construction until
December 31, 2004 and State aeeka to recapture all or a portion of the $285,000 State
contribution, Company agrees to pay to State a sum equal to amount State ~eeks to
recapture.
ARTICLE 3. JOINT OBLIOATIONS OF CITY AND COMPANY
City and Company ~ conduct the necessary field surveys, perform all PE design work
required to produce plans, specifications, and cost estimates; obtain all required permits;
and arrange for utility relocations.
City and Company siudl forward to State, through the assigned liaison person, project
plan% specification% and co~t e~timate~ prior to advertisement for construction bid
proposals.
City and Company ~ prepare the contract and bidding documents and advertise for bid
proposals. ~ty shall award all construction contracts and pay all construction contract
costs associated with this project, City shall be reimbursed, as part oftotal project costs,
construction contracts and ~ve expenses associated with completion ofth~
obligatio,_
City and Company shall comply with .all requirements stated on the permit issued by
State's District 3 office.
City and Company shall furnish competent, qualified people to assure that all consUucfion
engineering, mataials testing, technical inspection, and project manager services for
administration of the contract are performed properly and per ODOT specifications. City
and Company shall provide to State permanent mylar "as constructed" plans stamped by a
Registered Professional Engineer assuring all phases of the construction work was done in
conformance with the plans and specifications.
City and Company shall compile accurate cost accounting records. When the actual total
PE and construction costs of the project have been computed, City shall furnish State with
an itemized statement of said total costs. City shall be reimbursed, from the total project
costs for the administrative expenses associated with completion of this obligation.
Page 3 - CONSTRUCTION-FINANCE AGREEMENT
Exhibit "A'
Page ~ of 4
ARTICLE 4. OTHER PROVISIONS
The intent of the parties is that the Improvements shall be completed by December 1,
1997.
Company undermanda and agrees that, notwithstanding the other provisions of this
Agreement, City i~ under a legal obligation to State not to allow company to open its
Waremart Woodbum Dimn~n Center until the traffic signal at the northbound off-
ramp is completed to State Mm~citi~ons and approved by State and until the rest of the
project is under contract.
The costs records and acco~ pertaining to the work covered by this Agreement shah be
retained for inspection for a period of three years following final payment. Copies shah be
made available upon request.
In the event a suit or action is instituted to enforce any right guaranteed pursuant to this
Agreement, the prevailing party shall be entitled to, in addition to the statutory costs and
disbursements, a reasonable attorney's fee to be fixed by trial and appellate courts
respectively.
IN WITNESS WHEREOF, the parties hereto have set their hands and at~ed their seals of the
day and year hereinat~er written.
WAREMART, INC., by and
through its Corporate Officials
CITY OF WOODBURN, by and
through its Mayor
By. By,
Title
Date Date,
Attest:
City Recorder
APPROVED AS TO FORM
By:,
Company Legal Counsel
Date:
APPROVED AS TO FORM:
By:
City Legal Counsel
Date:.
Page 4 - CONSTRUCTION-FINANCE AGREEMENT
lOG
COUNCIL BILL NO. 1806
RESOLUTION NO.
A RESOLUTION ENTERING INTO A CONSTRUCTION FINANCE AGREEMENT WITH
HILLYER'S MID-CITY FORD, INC. FOR ADMINISTRATION AND FUNDING FOR HIGHWAY
219 IMPROVEMENTS AND AUTHORIZING THE MAYOR AND CITY RECORDER TO SIGN
SUCH AGREEMENT.
WHEREAS, The State of Oregon has required that certain improvements be made
to Highway 219 as a result of construction of an automobile dealership by Hillyer's Ford
Inc., and
WHEREAS, State of Oregon temporary permit No. 03A3§31 for access to Highway
219 required that improvements be in accordance with Westech Engineering drawings, and
WHEREAS, The required Highway 219 improvements for economies of scale and
other concerns were included in a larger project that Westech Engineering prepared as a
result of Waremart, Inc. distribution center roadway improvement requirements, and
WHEREAS, The City of Woodburn is administering the larger project as a result of
the Special Public Works Fund grant and loan and Immediate Opportunity Fund project
status of portions of the larger project; NOW THEREFORE
THE CITY OF WOODBURN RESOLVES AS FOLLOWS:
Section 1. That the City of Woodburn enter into a Construction Finance Agreement
with Hillyer's Mid-City Ford, Inc. which is attached as Exhibit ~A' and by this reference
incorporated herein for administration and funding of Highway 219 improvements.
Section 2. That the Mayor and City Recorder are authorized to sign said agreement
on behalf of the City of Woodburn.
Page 1 - COUNCIL BILL NO.
Approved as to form:
City Attorney
Date
lOG
APPROVED:
Nancy A. Kirksey, Mayor
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Recorder
ATTEST:
Mary Tennant, Recorder
City of Woodbum, Oregon
Page 2 - COUNCIL BILL NO.
Exhibit
Page / of 3
lOG
CONSTRUCTION - FINANCE AGREEMENT
THIS AGR~F-MENT is made and entered into by and between the CITY OF WOODBURN, acting
by and through its elected officials, hereinafter referred to as "City", and HILLYER'S MID-CITY
FORD, INC., an Oregon corporation, acting by and through its company officials, hereinafter referred
to as "Company".
Company has constructed an automobile dealership on its property which has frontage on
I-IiHsboro-Silverton Highway.
The State of Oregon, acting through its Department of Transportation (hereinaRer referred
to as "State") has required that certain improvements be made to I-Tdlsboro-Silverton
Highway (Highway 219) along frontage in front of Company. To maintain roadway
continuity and enlumce safety of operation a section of the highway along State frontage from
the east edge of Company frontage to the southbound I-5 onramp approach will also require
similar improvements.
The referenced improvements are approximately as shown on the Road Improvement
Allocation Map which is attached hereto as Exhibit "A", and made a part hereof.
The State has issued Company tempo~ permit # 03A35431 for access to Hillshoro-
Silverton Highway which required that frontage improvements shall be in accordance with
Westech Engineering drawings.
o
Waremart, Inc.(hereinafter referred to as "Wareram") which owns frontage adjacent to
Company is also required to make and has agreed to fund similar improvements along its
frontage which is adjacent to that of Company.
Waremart has agreed to fund one half of the costs of the I-Iillsboro-Silverton Highway
improvements along State frontage from the east edge of Company frontage to the
southbound I-$ onramp approacK
o
City, through Immediate Opportunity Fund Agreement//14736, has agreed to administer the
contracting process for the State required roadway improvements to be completed by
Waremart as a result of construction of their new distribution center. The roadway
improvements in the design (which were prepared by Westech Engineering) include the
required roadway improvements to Waremart frontage, Company frontage, and State
frontage adjacent to and east of Company.
Page 1 - CONSTRUCTION-FINANCE AGREEMENT
Exhibit "A"
Page ~ of 3
lOG
NOW, THEREFORE, the premises being in general as stated in the foregoing RECITALS, it is
agreed by and between the parties hereto as follows:
ARTICLE 1. OBLIGATIONS OF CITY
City shall compile acanate cost accounting records and will request relmbur~ment from
Company as progress payments are made by City. Company agrees to promptly reimburse
City when such requests are made.
~ ~ pro, de ~.a statemem of total costs at completion of the improvements and
retain cost records aha accounts pertsimng to the project for inspection for a period of
three years following final payment.
ARTICLE 2. OBLIGATIONS OF COMPANY
Company shall be solely and exclusively responsible for half street improvements to Highway
219 for a distance of 20 feet beginning at the northwest comer of tax lot 105, map 5-2-11,
and proceeding easterly along said frontage to a point where the tax lot joins tax lot 1100,
map 5-2W-12C, also owned by Company.
Company shall further be solely and exclusively responsible for half street improvements to
~y 219 for a distance of 208.53 feet beginnin~ at the northwest comer of tax lot 1100,
map 5-2W-12C, and proceeding easterly along said frontage to a point where the tax lot
boundary makes a fight angle to the south.
Company and Waremart shall be equally responsible for road improvements to Highway 219
and the freeway interclmage from the eastern terminus of the Company obligation referenced
above to the beginning of the project (station 0-t00 on the engineerin~ plans prepared by
Westech ~) at the entrance to the south bound freeway on-ramp, an approximate
distance of 255 feet.
ARTICLE 3. OTHER PROVISIONS
The cost records and accounts pertaining to the work covered by this Agreement shah be
retained for inspection for a period of three years following final payment. Copies shall be
made available upon request.
In the event a su/t or act/on is instituted to enforce any right guaran~ pursuant to this
Agreement, the preva/l/ng party shah be entitled to, in addition to the statutory costs and
Page 2 - CONSTRUCTION-FINANCE AGREEMENT
Exhibit "A"
Page ~. of 3
disbursements, a reasonable attorney's fee to be fixed by trial and appellate courts
respectively.
IN WITNESS WHEREOF, the parties hereto have set the'tr hands and affixed their seals of the day
year hereinafter written.
FORD, INC., by and
through its Corporate Officials
By,
Title
Date.
CITY OF WOODBURN, by and
through its Mayor
By.
Date
Attest:
City Recorder
APPROVED AS TO FORM
By:,
Company Legal Counsel
Date:.
APPROVED AS TO FORM:
By:.
City Legal Counsel
Date:~
lOG
Page 3 - CONSTRUCTION-FINANCE AGREEMENT
1OH
COUNCIL BILL NO. 1807
RESOLUTION NO.
A RESOLUTION ENTERING INTO AGREEMENT NO. 14,736 WITH THE STATE OF OREGON
FOR AN IMMEDIATE OPPORTUNITY FUND PROJECT FOR HIGHWAY 214 AND 219 AND
I-5 INTERCHANGE IMPROVEMENTS REQUIRED BY CONSTRUCTION OF THE WAREMART,
INC. DISTRIBUTION CENTER AND AUTHORIZING THE MAYOR AND CITY RECORDER TO
SIGN SUCH AGREEMENT.
WHEREAS, The State of Oregon, by authority granted in ORS 366.770 and
366.775, may enter into cooperative agreements with cities for performance of projects,
and
WHEREAS, The State of Oregon has established an Immediate Opportunity Fund
(IOF) to support specific economic development in Oregon through the construction or
improvement of roads, and
WHEREAS, The State of Oregon has determined that specific roadway improvements
on Highway 214 and 219 and at the I-5 interchange, required as a result of the Waremart,
Inc. distribution center, are an eligible IOF project; NOW THEREFORE
THE CITY OF WOODBURN RESOLVES AS FOLLOWS:
Section 1. That the City of Woodburn enter into Agreement No. 14,736 with the
State of Oregon which is attached as Attachment "A" and by this reference incorporated
herein, for an Immediate Opportunity Fund Project for Highway 214 and 219 and I-5
Interchange improvements required by construction of the Waremart, Inc. distribution
center.
Section 2. That the Mayor and City Recorder are authorized to sign said agreement
on behalf of the City of Woodburn.
Page 1 - COUNCIL BILL NO.
Approved as to form
City Attorney
Date
IOH
APPROVED:
Nancy A. Kirksey, Mayor
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Recorder
ATTEST:
Man/Tennant, Recorder
City of Woodbum, Oregon
Page 2 - COUNCIL BILL NO.
P~e ! of 9
1OH
June 20,1997
Miscellaneous Contracts & Agreements
No. 14,736
CONSTRUCTION - FINANCE AGREEMENT
IMMEDIATE OPPORTUNITY FUND PROJECT
THIS AGREEMENT is made and entered into by and between the STATE OF OREGON, acting
by and through its Department of Transportation, hereinafter referred to as 'State' and the CiTY
OF WOODBURN, acting by and through its elected officials, hereinafter referred to as 'City.
RECITALS
The Oregon Transportation Commission, at its July 15, 1988, meeting, approved
establishing an Immediate Opportunity Fund (IOF) and, at its January 18, 1996, meeting,
approved continuation of the fund. The purpose of the IOF is to support specific economic
development that affirms job retention and job creation opportunities in Oregon through the
construction or improvement of roads. Funding is reserved for cases where there is an
actual transportation problem to be solved, and where a development location decision
hinges upon an immediate commitment of road construction resources.
e
By the authority granted in ORS 366.770 and 366.775, State may enter into cooperative
agreements with the counties and cities for the per[ormanca of work on certain types of
improvement projects with the allocation of costs on terms and conditions mutually
agreeable to the contracting parties.
Waremart, Inc. plans to build a new distribution center on an 80-acre site in Woodbum. The
project will include Improvements to the' Woodbum I-5 interchange and to the Hillsboro-
Silverton Highway as follows: five lane improvement from Woodland Avenue to I-5
southbound ramp terminal (including right-tum lane enhancements to southbound I-5 ramp),
right-tum lane on northbound off-ramp, new traffic signal at norlbbound off-ramp, and
interconnection of the two signals at the interchange northbound and southbound ramps,
hereinafter referred to as project
The new traffic signal at the northbound off-ramp is covered by Agreement No. 14,571
between State and City.
The highway improvements along the frontage of the proposed Hillyer's Ford, Inc. business
on the Hilisboro-Silverton Highway ara covered under a permit Issued by State to Hilyer's
Ford, Inc. Said frontage improvements are part of the entire project but not a part of the IOF
reimbursement.
The location of project is approximately as shown on Exhibit A, attached hereto and by this
reference made a part hereof.
Attachmeut "A"
Page ,~ of 9
1OH
IOF AGREEMENT #14,736 .Page 2
WAREMART DtSTRIBUTION CENTER IN WOODBU~
June 2O. 1997
4. City shall enter into a separate agreement with Waremart, In,¢., to establish Waremart, Inc.'s
responsibilities.
5. This agreement covers the roadway portion of the project and meets the IOF criteria. The
cost of the roadway Improvements is estimated to be $570,000. The Oregon Economic
Development Department is requesting assistance on this project, in the amount of 50
percent funding, or up to $285,000. The matching 50 percent will be provided by City
($122,797, per Agreement No. 14,571 and $162,203 provided to City by Waremart, Ino.).
6. State agrees to provide IOF funds up to an amount not to ex.cd $285,000. Any project
costs, as outlined in this agreement, over this amount will be the responsibility of City.
IOF funds am to be applied to preliminary engineeflng and construction costs only, on a
reimbursement basis. Funding for right-of-way acquisition, it' any is needed, is not an
allowable reimbursable cost under the IOF program.
If right-of-way acquisition is necessary, the parties hereto agree and understand that they
will comply with the Uniform Relocation Assistance and Real Property Acquisition Policies
Act of 1970, as amended.
9. Any portion of project to be constructed on State right-of-way shall be constructed to current
State standards and Amedcen Disability Act standards.
NOW, THEREFORE, the premises being in general as stated in the foregoing RECITALS, it is
agreed by and between the parties hereto as follows:
STATE OBLIGATIONS
State shall, at its own expense, assign a liaison person to monitor the work performed on
the project and provide project oversight.
State shall, at its own expense, review project plans, specifications, and cost estimates
prepared by City or City's consultant within 30 working days of receipt from City and prior to
advertisement for constnmtion bids.
3. State hereby grants City or City's consultant the right to enter onto and occupy State right-
of-way for construction of project.
State shall, upon completion of the project, stflpe or place thermoplastic markings for any
necessary lane lines on the portion of the project located on the Hilisboro-Silverton Highway
upon completion of project_ All costs related to said striping will be billed against the IOF
maximum ~ $285,000. State estimates that the cost for said striping will not exceed
$5,000.
Attachment "A"
Page ~ of 9
iOF /~GREEMENT #14 , 736 Page $
WAREMART DISTRIBUTION CENTER IN WOODBURN
June 20, 1~7
5. State shall, upon receipt of itemized billing of actual construction costs incurred by City,
reimburse City for said constnJcflon costs up to the IOF maximum of $285,000, less the
amount needed by State for striping.
State shall, if WaremarL Inc. is still an operating business on December 31, 2004, cooperate
with City to recapture from WaremarL Inc. some or all, depending on the number of new
positions created and filled (at the rate of $814 for each new hire), of the $285,000 IOF
contribution if WaremarL lnc. cannot document to City by January 30, 2005, that it has filled
at least 350 new positions between start of the construction of the project and December
31,2004.
1OH
CITY OBLIGATIONS
City agrees that State's contribution of 50 percent of the actual road construction costs not
to exceed $285,000, less striping, will be applied to preliminary engineering and
construction only. City shall fund $122,797 (per Agreement No. 14,571) and $162,203
(from Waremart, Inc.) of the required improvements to the Woedbum !.5 interchange and to
the Hillsboro-Silverton Highway construction project costs. Said funding is the required IOF
match of 50 percent. City shall be responsible for funding the remaining project costs.
City or City's consultant, for all portions of the proje~L shall conduct the necessary field
surveys, perform all PE and design work required to produce plans, specifications, and cost
estimates; obtain all required permits; and arrange for utility relocations.
City or City's consultant shall forward to State, through the assigned liaison person, project
plans, specifications, and cost estimates for review 30 working days prior to advertisement
for construction bid proposals.
4. · City or City's consultant shall prepare the contract and bidding documents. City shall
advertise (according to publio contracting laws) for bid proposals, award all construction
contracts and pay all construction contract costs associated with this project. City shall be
reimbursed, as part of total project costs and as part of the IOF maximum of $285,000, for
construction contract costs and administrative expenses associated with completion of this
obligation.
5. City shall comply with all requirements stated on the permit issued by State's District 3
office.
Se
City or City's consultant shall furnish competent, qualified people to assure that all
construction engineering, materials testing, technical Inspection, and project manager
services for administration of the contract are performed properly and per ODOT
specifications. City or City's consultant shall provide to State permanent mylar "as
constructed' plans stamped by a Registered Professional Engineer assuring all phases of
the construction work was done in conformance with the plans and specifications.
IOF AGREEMENT#f4, 736
WAREIdART DISTRIBUTION CENTER IN WOODBURN
June 20, 1997
Attachment "A"
Page ~ of 9
Page 4
,1OH,
City shall compile accurate cost accounting records. State may request a statement of
costs to date at any time by submitting a written request. When the actual total PE and
construction costs of the project have been computed, City shall furnish State with an
Itemized statement of said total costs. City shall be reimbursed, as part of the total project
costs and as part of the IOF maximum of $285,000, for administrative expenses associated
with completion of this obligation.
8,
City shall, to the extent permitted by the Oregon Constitution and the Oregon Tort Claims
Act,. indemnify and hold harmless the State of Oregon, Oregon Transportation Commission
and its members, Oregon Department of Transportation and its officers and employees,
from all claims, suits, or actions of any nature arising out of activities of City, its consultant,
its contractor, its officers, subcontractors, agents, or employees under this agreement.
City shall require contractor to obtain and keep in effect dudng the term of this agreement,
Comprehensive or Commercial General Liability Insurance covering bodily injury and
property damage. This Insurance shall include personal inju~ coverage, contractual liability
coverage for the indemnity provided under the agreement and products/completed
operations liability. Combined single limit per occurrence shall not be less than $1,000,000
or the equivalent. Each annual aggregate limit shall not be less than $1,000,000, when
applicable.
The liability coverages required for performance of this agreement shall Include the State of
Oregon, Transportation Commission and its members, the Department of Transportation,
and its officers and employees, as additional insureds.
Before start of construction, City shall fumlsh to State a Certificate of Insurance for the limits
set out above, which is to be in force and applicable to the project.
The insurance coverage shall not be amended, altered, modified or canceled insofar as the
coverage contemplated herein is concerned without at least 30 days pdor written notice.
10. City shall not allow Waremart, Inc. to operate its Woodbum distribution center until the
signal at the no'rthbound'off-ramp is satisfa~3dly completed to State specifications and
approved by State and until the rest of the project is under contract.
11. City shall, by January 30, 2005, send to State a writton report documenting the number of
new positions created and filled at the Waremart, Inc. Woodbum distribution center between
the start of construction of project and December 31.2004. If Warernart, Inc., is still an
operating business on December 31, 2004, State will cooperate with City to recapture from
Waremart, Inc. some or all, depending on how many new positions have been created and
filled, ofthe $285,000 State IOF contribution (at the rate of $814 for each new hire) if, at
December31, 2004, Waremart, Inc. has not created and filled at least 350 new positions at
the Woedbum distribution center. If City can document at least 350 new Waremart, Inc.
positi.ons filled, State will not seek to recapture any of the IOF grant.
IOF AGREEMENT#14,7'36
WAREMART DISTRIBUTION CENTER IN WOODBURN
June 20. 1997
Attachment "A"
Page ..~ of 9
Pa~ $
12. City shall execute this agreement by signatures of personnel authorized by its City Council.
1OH
GENERAL PROVISIONS
1. The project shall be completed by December 1, 1997. This agreement shall terminate upon
completion of project and when all the conditions are met under City Obligation No. 11.
2. In no event shall State's portion of the project costs exceed the maximum amount specified
abOve in paragraph 5, Recitals.
3, This agreement shall terminate automatically if a const~_ction .contract !s not awa~ ,ed ,by City
within two years of filial execution of this agreement, or If construction Is not comple~e~
within five years of final execution of this agreement.
4. City, its subcontractors, if any, and all employers working under this agreemen, t are subject
employers under the Oregon Workers Compensation Law and shall comply with ORS
656.017, which requires them to provide workers compensation coverage for all their subject
workers.
5. The terms of this agreement begin upon execution of this agreement by both parties.
this agreement shall not prejudice any ngms or coagaaons accrueu ~o m~ p~,u~ ~uu,
termination.
' d
7. City acknowledges and agrees that State'and the Oregon Secretary of State s office an. the
federal govemment and their duly authorized representatives shall have access to such
fiscal records and other books, documents,' .papers, pla.ns ~ writi.ngs o.f City tha! a_re_:
pertinent to this agreement to perform examinations ~.~ auu~ .ar~ ma.K? excel.? an=
transcripts. City shall retain and keep all cost files a...nd recon:ls l~.r a .mm;mum ~.tn ..me y?.ars
after completion of the project and after all the conditions are met unc3er City Obllga~Jon No.
11.
8. City shall comply with all federal, state and local laws, regulations, executive o.r. ders and
ordinances applicable to the work under this agreement, Including, without limitation, the
provisions of ORS 279.3'12, 279.314, 279.316, 279.320, and 279.555, attached hereto as
Exhibit B and by this reference made a part hereof. W'(d~out limiting the generality of the
foregoing, City expressly agrees to comply with: (i) T'(de Vi of Civil Rights Act of 1964; (ii)
Section V of the Rehabilitation Act of 1973; (iii) the Americans with Disabilities Act of 1990
and ORS 659.425; (iv) all regulations and administrative rules established pursuant to the
foregoing laws; and (v) all other applicable requirements of federal and state civil rights and
rehabilitation statutes, rules and regulations.
Attachment "A~
P~-,e (~ of 9
IOF AGREEMENT#14,736
WARE. MART I~$TRIBUTION CENTER IN WOODSURN
Jur~ 2O, 1~97
City agrees that should any environmental or land-use issues adse at any time during the
development or construction of the project, State can, at its reasonable discretion and when
exercised in good faith, suspend payments until it is satisfied that the issue has bccn
resolved. However, City may use its own funds to continue the project and shall be
reimbursed by State as provided for in this agreement once Slate is satisfied that the issue
has been resolved.
lO:This agreement, attached exhibits, and the agreements referred to in this agreement
constitute the entire agreement between the parties on the subject matter hereof. Them am
no understandings, agreements, or representations, oral or written, no~ 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 and all
necessary approvals have been obtained. 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 State to enforce any provision of this agreement shall not constitute a waiver by
State of that or any other provision.
.1 OH
Att~hment
Page ~ , of 9
IOF AGREEMENT#14, 736 Page 7
WAREMART DISTRIBUTION CENTER IN WOODBURN
June 20, 1997'
IN VVITNESS VVHEREOF, the parties hereto have set their hands and affixed their seals as of the day
and year hereinafter written.
This Immediate Opportunity Fund project was approved by the Oregon Transportation Commission on
August 14, 1996. At that time the Director of the Department of Transportation was authorized and
directed to sign the necessary agreements for and on behalf of the Commission. Said authority is set
forth in the minutes of Itm Oregon Transportation Commission.
STATE OF OREGON, by and through its CITY OF WOODBURN, by and through its
Department of Transportation City Officials
By
Date
Director
'rifle
By
APPROVAL RECOMMENDED
'ritle
Date
ODOT Region 2 Manager
Date
...APPROVED AS TO LEGAL SUFFICIENCY
APPROVAL RECOMMENDED
By
City Legal Counsel
By
Date
ODOT District 3 Manager
Date
1OH
REVIEWED FOR STATE
By
Assistant Attorney General
Date
i
I
!
I
1
I
1
PROPOSED
PROJECT
WOODBURN
t&RRION COUN'I'Y
Attachment "A'
Page c? of 9
1OH
~BIBFr B
pinotol ~ as d~mod in ORS 2';O.OSl. da, bbom'
defined in ORS 279.051~d1: contract shall conlain a
e~Med und~ (:~ 6S3.010 to 6.f~.26! m' undc~ 29 U.S.C.
subject empio,/m that win comply with ORS 6-~.0 t';-
F..n~ployer Payroll Tax, and Tri~ ~t ~ Se. tt'-EmplOymntt T~x).
101
TO:
From:
Subject:
Date:
Mayor and City Council through the City Administrator
Ben Gillespie, Finance Director
Contract Approval--Data Processing Strategic Plan
June 12, 19997
Recommendation: Council adopt the attached resolution authorizing the Mayor to sign the
contract amendment (two copies) with Moss Adams LLP to develop the specifications for IS
hardware.
]llttiigl:ollRdl In November of last year the City began the process of updating its information
systems (IS). Developing the IS Strategic Plan was the necessary first step. The City contracted
with Moss Adams to produce the plan. Subsequently City staff standardized sof~are including
the network operating platform, the major applications sol,are, and the e-mail program.
The next step is preparation of the hardware specification. Originally management's intention was
to do this step in house. However, as the technical complexity of the task became more apparent,
staffwas forced to evaluate other alternatives. It is critical to the success of this project that the
hardware meet the City's needs.
Of the options considered, using Moss Adams emerged as the preferred alternative. They have
the technical expertise. Their team is familiar with the project to this point. The price they
quoted is reasonable and can be accommodated within the existing budget. Also, they have
agreed to act as the City's advocate should the hardware vendor fail to perform.
Financial Implications: The cost of this contract amendment will not exceed $9,400 plus
expenses, which is within the amount budgeted for this phase of the project.
101
COUNCIL BILL NO. 1 808
RESOLUTION NO
A RESOLUTION AUTHORIZING AN ADDENDUM TO AGREEMENT FOR
PROFESSIONAL SERVICES AND AUTHORIZING THE MAYOR TO *SIGN SAID
AGREEMENT
WHEREAS, City entered into an AGREEMENT FOR PROFESSIONAL SERVICES
with Moss Adams Advisory Services, a Division of Moss Adams LLP ('Consultant') on
November 13, 1996, to provide computer consulting services and, more specifically, to
prepare an IS Strategic Plan; and
WHEREAS, Consultant has completed preparation of the Plan and has presented
a work plan to City for the design, acquisition, and implementation of the LAN; and
WHEREAS, both parties desire to make a addendum to their previous agreement
so that the design, acquisition, and implementation of the LAN can be accomplished;
NOW, THEREFORE,
THE CITY OF WOODBURN RESOLVES AS FOLLOWS:
Section 1. That the Mayor is authorized to execute the ADDENDUM TO
AGREEMENT FOR PROFESSIONAL SERVICES with Moss Adams Advisory Services, a
Division of Moss Adams LLP.
Section 2
reference, incorporated herein.
Approved as to form:.
City Attorney
That a copy of said Addendum is attached hereto and, by this
Date
APPROVED:
Nancy A. Kirksey, Mayor
Page I - COUNCIL BILL NO.
RESOLUTION NO.
101
ADDENDUM TO AGRI~IIEI~' FOR PROFESSIONAL SERVICES
This ADDENDUM TO AC~~I~r FOR PROFESSIONAL SERVICES entered into
th/s dayof, ,1~7, betweenthe CityofWoodbum, nn
Oreson municipal co~tion. ~ "OtlO and ~ Adan~ Advlsor~ Service~, a
division of'Moss Adams LLP (hereinaler"Consultanff).
WHEREAS, City entered into an A(iP.I~MIR~ l~R I'RO~ONAL SERVICES
W'~ Moss Adams Advisory Se~i~ ADivision o£Mon Adams LIP CCo~ on
November 1~, 19<~, to provide oomputer consulting se~oes and, more spec/floally, to prepare an
Is su~o vl~ mi
WI~ Consultant has pr~ a work plan to City fro' th~ design, acqui~on, and
implementation of'the LAN and represents to City that Consuttant is qualified and able to
proceed with said work plan; and
1. ~ OF ADDENDUM
FOR 1~o~o~ ~RvI~..s mi h an other res~ th~ Odsiml
Section 2 oftl~ Odginal Agreement is modified to add an additional subsection 2.2 which
shall read as follows:
PAGE - 1 ADDENDUM TO. AGP. EI~2qT FOR PROFF. SSIONAL SERVICES
.101
e
2.2 In addition, Consultant shall complete thc services
rei'erezced ia the WORKPLAN FOR DESIGN, ACQUISIIION,
IMPLEMI~qTA~OH OF ~AN. and the letter dated ~ 9,
1997, addressed to Ben Gillespie, copies of which are attached to
the ADDENDUM TO AGR~ FOR PROFESSIONAL
SERVICES as ~ B.
COMPENSATION
,Section 3 ofthe Orisiaal Asteemeat is modified to add additio~ subseclioas 3.4 and 3.~
which shall read as follows:
3.4 In addifi~ ~ shall receive co--on for the
services refereaaed in gie WORKPLAN FOR DESIGN,
ACQUIsrr~oN, ~~rrAT~Olq oF LAN~AN, and the
l~zr dat~ May 9, 1997, addressed to Bca Cn'llcspie, copies of
wlfich arz ~ to the ADDEIqDUM TO AGt~~ FOR
PROFF.~SIONAL SERVICES as ~ B, at the rate orS100 per
3.~ Coasdu~'s total compensation for additional servi~
purma~ to the ADDEIqDUM TO A(IR~I~II~IT FOR
PROFF. SSIOHAL SERVICES shall not exceed H'mz Thousand
Four Hundr~ Dollar~ ($9,400.00) plus reasonable out-of-pock~
MOSS ADAMS ADVISORY
CITY OF WOODBUR~
AITEST:
PAGE - 2 ADDENDUM TO AGil~ FOR PROFESSIONAL SERVICES
MOSS-A.D~S L~ F~rr ]~- ]~ ~ o~ 2
T-4OO F-693
101
~ANAG EMF..I~T C0,~$ U LTANT$
May 9, 1997
clt'y of Woodb~
270 Mont, go~
Woodbam. OR 9'/071
$catti~. '~A 96154-1199
/'bone
FAX ~o6.1~3.9214
I~oores
RoWlafl~
r-4uu ~'.03 F-693
EXI-IIBIT B - PAGE 2 OF 2 '
C~T~ OF WOODBURN "
WORKPLAN FOR DESIGN, ACQUISITION, IMPI ~=MENTATION OF LAN/WAN
, 1997
4
Detemtlne Pmfommnoe Requbenam~ 4
101
MEMO
To: City Administrator for Council Action t~
From: Randy Scott C.E.Tech HI, through Public Works Directo
riX,
Subject: Woodland Ave., Hwy 214 and Interchange Improvements.
Date: June 19, 1997
lOJ
RECOMMENDATION:
It is recommended that the City Council award the construction contract to the lowest responsible bidder,
Emery & Sons Construction in the amount of $1,002,507.00 for the Improvements on Woodland Ave.,
Highway 219 Widening from the Southbound Onramp to Woodland Avenue, Widening of the I-5 Exit 271
Northbound Offfamp, and the installation of a Traffic Signal at the Northbound Offramp Intersection with
HWY 214 (Note: The award should be tabled if the council elects not to approve the three construction
financing agreements before this item is considered by the council).
BACKGROUND:
The project is being bid in conjunction with current development in the I-5 corridor, specifically Waremart
and Hillyers Ford. The work is comprised of four elements: The extension of Woodland Avenue;
Improvements to Highway 214 (219) west of I-5; widening Improvements to the Northbound Offramp;
and installation of a traffic signal at the intersection of the Northbound Offramp and Highway 214.
Woodland Avenue improvements consist of approximately 1600 feet of new street, curb, sidewalks, storm
sewer, 15-inch dia. sanitary sewer and a 12" dia. water line. The HWY 214 improvements consist of street
widening, paving, curbs, sidewalks and storm sewer on the south side of the HWY from the I-5
Southbound ramp to Woodland Avenue. The Northbound off ramp improvements consist of ramp
widening with a 2-inch overlay, and the installation of a traffic signal at HWY 214.
The project is to be funded using various sources as identified in the three construction financing
agreements before the council for review and action.
Staff received a total of five qualified bidders, as listed below
1. Emery & Sons Const. $1,002,S07.00
2. M.L. Houck Const. $1,071,149.25
3. Morse Bros. $1,104,489.00
4. Canby Excavating $1,135,645.85
5. North Santiam Paving Co. $1,313,451.50
The Engineers Estimate
$1,358,550.50(Note: Low bidder is 26.2% below
the Engineers estimate)
The Traffic signal was previously bid in April of this year, a lowest responsible bid in the amount of
$205,308 was received and rejected by the city, the signal was re bid with this project, the cost of the
installation from the low bidder is $134,00.00
City Administrator for Council Action
Page 2
June 19, 1997
The lowest bid was submitted with an informality, the contract documents state that the bid proposal is to
be submitted intact with the contract documents, the lowest bid received was submitted without the
contract documents. The city however reserves the right to accept or reject any or all proposals, and to
waive any informalities and irregularities in said proposals. Further, ORS 279.029 defines the lowest
responsible bidder as the lowest bidder who has substantially compiled with all prescribed public bidding
procedures and requirements and who has not been disqualified by the contracting agency. To disqualify,
in accordance with ORS 279.037, the city must find that the bidder:
a) Does not have sufficient financial ability to perform the contract;
b) Does not have the equipment available to perform the contract;
c) Does not have key personnel available of sufficient experience to perform the contract; or
d) Has repeatedly breached contractual obligations to public and private contracting agencies.
Emery and Sons Construction substantially complied with public bidding procedures and requirements and
nothing in the subsequent investigation has found sufficient reason to disqualify the company.
lOJ
1OK
MEMO
TO:
FROM:
SUBJECT:
DATE:
City Administrator for Council Action
Julie Moore, C.E. Tech
No Parking restrictions on Gatch Street near the intersection of Johnson Street
June 17, 1997
RECOMMENDATION:
It is recommended that parking be restricted along an area of Gatch Street at the intersection of
Johnson Street as shown on the attached map. This change will eliminate congestion and improve
sight visibility and safety in this area.
BACKGROUND:
There have been concerns expressed regarding the area along Gateh Street near the intersection of
Johnson Street. Several vehicles that have been parked along the street opposite Johnson Street
causing congestion and reducing site visibility in this area.
Catch Street has a fight of way width of 40 feet and a paved width of 26 feet. Parking is allowed
on the west side of the road at this time. The right-of-way of Gatch has several different curves
and one of them is at the intersection of Johnson Street.
The Transportation and Traffic Engineering Handbook states that "The primary use of the streets
is for the movement of vehicles. When secondary uses of the street space, such as curb parking,
conflict with the movement oftraffc, they should be removed so that the streets can best perform
the function of moving traffic."
The Police Department has reviewed the staff report and they have no objections and support the
recommendation to place the no parking signs in this area.
It is recommended that a no parking area be established along G-atch Street near the intersection
of Johnson Street to eliminate congestion in this area and allow for safer traffic movements and
better sight visibility. No public heating is necessary nor recommended.
64~ 0
fi.
0
0 656
0 ,562
0 0 0
0
70! 0
695 0
0 690
~0
0 670
1OK
733
685
655
IOL
MEMO
TO:
FROM:
SUBJ.:
DATE:
Mayor end City Council
Chris Childs, City Administrator
Recreation Proqram Contract (Ann Finch)
June 17, 1997
RECOMMENDATION: That the city council, by motion, approve recreation program
independent provider contract for dance instructor Ann Finch. (Note: Please refer
also to separate staff report in this packet concerning form of standard contract.)
BACKGROUND: At a recent council meeting you were addressed by Ann Finch, a
contractor who offers various dance classes through the Woodburn Recreation &
Parks Department. Ms. Finch expressed her frustration regarding what she felt was
unfair treatment and "mixed signals" she was receiving in respect to her operations.
The council suggested that Ms. Finch meet with the Recreation & Parks
Director to discuss her concerns and to develop a more formalized contract concerning
her program. She was informed that the lack of a formal contract was the sole issue
of concern to the council.
Ms. Finch subsequently met with Nevin Holly, Recreation & Parks Director, as
requested. The attached form of contract and its terms were discussed and
tentatively agreed to. The proposed contract provides for Ms. Finch to continue
offering the full range of dance classes.she has historically offered, but stipulates that
the department review and approve each class or program prior to being offered.
The proposed contract also provides that the city will receive 25% of all
program proceeds. This is increased from 20% in the past. Ms. Finch's programs
represent a modest impact on departmental resources. The department provides some
promotional assistance, including space in the quarterly "Recreation Reporter", but
Ms. Finch is responsible for her own signups and other details. City facility
(community center) usage by this program is limited to three hours each Saturday.
The bulk of Ms. Finch's classes are conducted elsewhere at facilities owned by the
school district.
This program is popular, well run and represents positive leisure activity options
for the community. Approval of the contract is recommended.
10L
DECLARATION OF INDEPENDENT CONTRACTOR STATUS
DEPARTMENT OF RECREATION AND PARKS
CITY OF WOODBURN
ANN FINCH
Name of Independent Contractor
1445 James Street
Woodburn
(503) 981-5479
Telephone
970710
Address/Street City Zip
97-001 TERMS: July 1, 1997
Instructor Contract No. From To
June 30,1998
Time Or Project(s) Covered By This Contract
The undersigned hereby declares that all services performed under the Instructor dated shall be
rendered by the Independent Contractor in his/her status as an Independent Contractor.
The Independent Contractor shall give the City of Woodburn, Department of Recreation and
Parks seven (7) days advance written notice before obtaining the assistance of any person in
performance of the contract. Upon receipt of this notice the Department may require the Inde-
pendent Contractor to qualify as a Direct Responsibility Employee under ORS 656.407, or as a
Contributing Employer under ORS 656.411. Failure to give notice required by the Declaration or
to obtain Workers Compensation coverage as required by the Department shall constitute grounds
for termination of the contract by the Department of Recreation and Parks.
The Independent Contractor agrees to indemnify the Department of Recreation and Parks for
any damages, expenses, costs and disbursements and attorney fees insured by said person as
a result of the Independent Contractor's failure to adhere to the terms of this Declaration.
The parties to this Declaration understand that a person who files a Declaration of Status as an
Independent Contractor is not eligible to receive Workers Compensation benefits (under ORS
Chapter 656) in the event of injury or disease, unless said person has obtained coverage for
such benefits pursuant to ORS 656.128.
Dated this~/?~'4 Dayof JUNE
Independent Contra~ctor
1997
Page I
,.IOL.
RECREATION PROGRAM AGREEMENT
DEPARTMENT OF RECREATION AND PARKS
CITY OF WOODBURN
General Provisions
This Agreement entered into this day of June 199_7 by and between the City of
Woodbum/Department of Recreation and Parks, an Oregon Municipal Corporation, herein called
the "CITY" and:
ANN FINCH
..... ~- ........ r ........... ~,, whose address is: 1445 James Street. Woodburn. OR 97071 and
who is called the "CONTRACTOR' for the purpose of engaging expert services to conduct a
program of Dance Classes - Children/Adults, Performance Dance as a part of the total
recreation, social, cultural arts and therapeutic program services of the Department of Recre-
ation and Parks/City of Woodburn.
The term of this Agreement shall exist during the dates of July 1, 1997 TO June 30, 1998.
IN CONSIDERATION of the monies to be paid and obligations assumed by the parties as set
forth in this Agreement.
I. CONTRACTOR'S OBLIGATIONS
The Contractor Shall:
Program Services
Provide those services set forth in Part 1 of Special Provisions, attached to this Agree-
ment and by this reference, incorporated herein.
Program Materials
Furnish to program participants, at cost all necessary patterns, textbooks, reference books,
materials, tools and equipment for their participation in the program, except as otherwise
provided in the Special Provisions, or furnish to the City for distribution to each participant
at least thirty (30) days in advance of the first program session, a list of patterns, books
and materials, tools and equipment which the participants must furnish for themselves. If
the Contractor sells patterns, books, materials, tools or equipment to participants, the
Contractor shall keep complete records of purchases and sales available for inspection
by the City to verify that they were resold at Contractor's cost.
Program Dress
Furnish to the City at least thirty (30) days in advance of the first program session, a list of
any clothing which the Contractor recommends, or will be required to be worn by program
participants for their safety or comfort; including special protective clothing such as eyeware,
footgear, dust masks, hair covering, etc., and particular articles of clothing and jewelry
which should not be worn.
Page 2
Do
Eo
Jo
Program Background
Furnish to the City at least thirty (30) days in advance of the first program session any
written introductory or background material which the Contractor desires to be distributed
to program participants. Such material, if not authorized by the Contractor or public do-
main, or if subject of a copyright not held by the Contractor shall be accompanied by the
written consent of the author, publisher, or other copyright holder that the material be
reproduced or distributed to program participants. Royalties and other charges neces-
sary to secure such consent shall be the Contractor's responsibility
Program Safety Equipment
Furnish any first aid equipment and supplies beyond that specified in Section C and the
Special Provisions which the Contractor deems advisable for the hazards involved in the
program.
Program Attendance Records
Keep an attendance record for each program session on forms to be provided by the City
and provide copies to City upon request.
Program Evaluation
Within the ten (10) days following the conclusion of the program, complete and return to
the City a program evaluation form to be provided by the City.
Program Accident Reports
Report to the City, on forms to be supplied by the City, all illness or injuries, however
minor, sustained by participants while at the site of the program. Exercise independent
judgement as to the nccd for first aid or emergency medical services for program partici-
pants.
Program Supervision
Supervise and control the program to insure that participants are aware of and exercise
all appropriate safety procedures, including the constant use of all protective devices,
guards, etc., installed on or furnished with tools, electric devices, combustible or flam-
mable substances, pressurized containers, or other potentially dangerous materials or
equipment, except as provided in the Special Provisions, the first program session shall
include a presentation by the Contractor on safety procedures which Contractor will
require participants to observe. "Supervision and Control" includes the authority and
obligation to suspend or expel from further participation any participant whose conduct is,
in Contractor's judgement, unreasonably disruptive or constitutes a danger to that partici-
pant, any other participant, the Contractor or to any real property.
Program Site Management
Leave the premises, equipment and other facilities used in each program session in a
clean and orderly condition. All lights, electrical appliances and heating shall be turned
off as directed by the City and checked out to the Contractor shall be returned or secured
as directed by the City and while in Contractor's possession shall be the sole responsibil-
ity of this Contractor who shall bear all risk of loss or damage.
IOL
Page 3
Ko
LeQal Compliance
Comply with all applicable Federal, State and Local laws, Ordinances and administrative
regulations in the conduct of the program.
,Civil Ri.qhts Compliance
Not discriminate against any person in according full benefits of participation in the pro-
gram on the basis of race, color, sex, age, religious preference or national origin.
Contractor Illness
In the event of illness or other inability to personally conduct any program session, ar-
range for a substitute to conduct that session or notify the participants of cancellation.
City is to be notified of any cancellations. Any substitute so selected must be approved by
the City.
_.Contractor's Workers Compensation Insurance
Before commencing any work under this Agreement, provide the City with evidence that
the Contractor is either covered by a policy of Work r's Come ' ·
a ,, · . .. ,, Y~ p nsatlon CoveraR~;' Is an
pproved d~rect respons~bdlty employer, or emplo no workers subject to O Chap-
ter 656...NOTE: Substitutes which the Contractor engages for a fee may or may not be
"workers" for whom Worker's Compensation, unemployment contributions, FICA, State
and Federal Income Tax Withholding, etc., are required. It is the Contractor's responsibil-
ity to determine applicability of all such requirements and insure compliance with all appli-
cable requirements.
Contractor Insurance
Determine the necessity for and obtain whatever liability, property or other insurance the
Contractor may desire, recognizing that Contractor is an independent contractor and not
an agent of the City who has no obligation to and will not indemnify or defend the Contrac-
tor from any claims arising from Contractor's activities hereunder.
CITY'S OBLIGATIONS
The City Shall:
.Payment
Pay the Contractor according to the "Payment Schedule" attached hereto and by this
reference incorporated herein.
ProQram Re,qistration
Provide, collect and process registration forms for participants.
Pro~ram Rosters
Assign participants to program sessions and furnish Contractor with rosters.
Pro~ram Fees and Char,qes
Set, collect and keep for its own use and benefit any and all registration fees it deems
appropriate, unless otherwise provided in the Payment Schedule or Special Provisions.
IOL
Page 4
Go
Program Promotion
Publicize the program in the manner and to the extent it deems appropriate.
Program Facilities
Furnish only those facilities, equipment and utilities are set forth in the Special Provisions
or with regard to the use of a building set forth in the Special Provisions are normal
incidents of that use. (ie..heat, water, power, water and sewage disposal).
III ADMINISTRATIVE PROVISIONS
Expiration Date
This Agreement shall expire on the "Expiration Date" set forth in the Special Provisions
unless sooner terminated as provided herein.
Termination By City
This Agreement may be terminated by the City upon forty-eight (48) hours notice to the
Contractor in the event the Contractor fails to comply with any written demand by the City
to cure any breach or inadequacy of performance hereunder.
Mutual Termination
This Agreement may be terminated by either party without recourse, for any or no cause
upon ten (10) days prior to written notice to the other party.
Waiver of Performance
No waiver of or failure to object to adequate performance shall affect either party's right to
object to future or continued inadequacy, whether or not of the same nature.
Notice to City
Notices to the City shall be given to the City's Director of Recreation and Parks, 491 N.
Third Street, Woodburn, OR 97071, unless otherwise specified in writing by the Director
of Recreation and Parks
Notice to Contractor
Notice to the Contractor shall be given to the Contractor at the address as set forth on
Page 1 of this Agreement, or such other address as may be hereafter specified in writing
by the Contractor, provided however that notice may also be given to the Contractor
personally.
Assignment of Interest
Neither part shall transfer or assign its interests or obligations, or any part thereof, under
this Agreement without prior written consent of the other party.
Agreement Amendment
This Agreement, together with the Special Provisions and Payment Schedule constitute
the entire agreement of the parties, and shall be amended only by written instrument
signed by, or on behalf of both parties. No oral waiver, modification or amendment of the
terms hereof shall be deemed binding on either party, and no evidence of such oral waiv-
er, modification or amendment shall be admissible in any action, suit or proceeding to
enforce the terms of this Agreement.
Page 5
IOL
IOL
IN WITNESS WHEREOF the parties have caused this Agreement to be signed as of this
day of June, 1997.
CITY OF WOODBURNIDEPARTMENT OF RECREATION AND PARKS
By:~ Date:
Title: Director of Recreation and Parks
City of Woodburn
CONTRACTOR:
By: ~. ~,~~'/ Date:
1445 James Street
Woodburn, OR 97071
Address:
Page 6
INDEPENDENT CONTRACTOR'S PAYMENT METHOD
Department of Recreation and Parks
City of Woodburn
CONTRACTOR: ANN FINCH CONTRACTOR # 97-001
Address: 1445 James Street, Woodburn, OR 97071 PHONE: (503) 981-5479
CONTRACT TERMS: From July 1. 1997 TO: J~Jne .'30. lggR
PAYMENT SCHEDULE
PART I
Basis of Payment
~-~ A. Percentage of gross receipts from registration fees.
1. Contractor shall receive
% of gross registration fees collected by the City.
Registration fee shall be no less than $ per participant. For each partici-
pant whose fee is expressly waived by the City without Contractor's consent, the
foregoing minimum fee amount shall be added to gross registration fee receipts for
purpose of determining Contractor's compensation.
~ B. Flat Fee of $
(total: not per installment).
Other: (Describe: Must be reviewed and approved by the Woodbum Recreation
and Parks Department).
Contractor (.Ann Finch) is responsible for collecting fees. The City. of Woodburn
will rar,~iva 3RoA nf fha~a ~.nlla~h=~l faa__~ ,nny~hla nn ~ mnnfhly h~.~i.~ ~nH Hi ia fh~,
first day of each month,
PART II
The Compensation under Part I shall be paid by the City In..
IOL
Lump Sum on or before: [ ] Expiration Date of Agreement
[ ] Month Day
Year
Installments of $
, each beginning:
] Monthly thereafter on or before the 15th of Month.
] Bi-weekly thereafter on or before the 15th and 30th
of each month until total is paid.
Other: (Describe: Must be reviewed and approved by City Attorney)
As described in Part 1. Section ¢,
Page 7
INDEPENDENT CONTRACTOR'S SPECIAL PROVISIONS AGREEMENT
Department of Recreation and Parks
City of Woodburn
1OL
CONTRACTOR: ANN FINCH CONTRACTOR # 97-001
Address: 1445 James Street, Woodburn, OR 97071 PHONE:. (503) 981-5479
CONTRACT TERM:
From: July 1, 1997 To: June 30, 1998
Part 1.
SPECIAL PROVISIONS
PROGRAM DESCRIPTION: (Br/ef descr/pt/on of prograrn as to genera/content
and target part/c/pants).
Contractor/Instructor ANN FINCH shall teach childrens and adult dance
Part 2.
classes, performance dance productions and tumblin~l.
SUPPLEMENTS TO AGREEMENT:
(Paragraphs of the Agreement which suggest that more detail may be provided
in the Special Provisions are shown here. After each paragraph reference, write
"NONE' meaning the Agreement needs no further refinement under that para-
graph, or insert a brief supplement, explanation, qualification or exception to the
paragraph where necessary). Use reverse s/de o£ forrn /f necessar~.
Contractor shall have use of Community Center to conduct courses.
Each such performance must be approved by the Woodburn Recre-
ation and Parks Director or his aqent prior to commencinq.
Bo
The City_ of Woodburn Recreation and Parks De~)ertment will advertisn
approved courses in its brochures but makes no implied assurance as
to length or size of ad.
Co
E. Program Agreement Only.
OTHER: (Reference paragraph of Agreement where applicable.
Attach a copy to ~duplicate contract Agreement.
Page 8
1OM
Date:
June 19, 1997
To:
Thru:
RE:
Chris Childs, City Administrator
Mayor and Coun/~
Ken Wright, Ch~
Fourth of July Celebration Requests
1. Insurance Coverage
2. Sound Amplification
As General Chairman and Coordinator of the City co-sponsored 4th of July Celebration
with the Kiwanis Clubs, I am requesting City Liability Insurance coverage on the 4th
of July, 1997 from approximately 10:00 am until around 11:00 pm. The coverage
is for the SEVENTH Annual Old Fashion 4th of July Picnic which includes fun, games
and music for all ages. All events will again be held at the Woodburn High School.
Liability Insurance and Workers Compensation coverage for the Fireworks Display only
has been purchased though the fireworks vendor.
We are also requesting permission for the use of amplifying devices for day and
evening activities for the games and music.
Thank you for you consideration in this matter and if possible please plan on attending
this event as it is truly a community celebration, if you wish to volunteer to help with
this great event, please contact myself of Vee Ott.
1ON
Woodburn Public Library
280 Garfield Street, Woodburn, OR 97071-4698 Ph. (503)982-5252
June 6,1997
Chief Ken Wright
270 Montgomery St.
Woodburn, Or. 97071
Dear Chief Wright,
We would like to request permission to use a sound amplification system in the
library park on the following dates:
Magician Arthur Atsma
Garden Variety Band
Dr. Jay Storyteller
Blue Grass Band
June 25
July 10
July 22
July 30
7pm --
3pm-
7pm .~ ~',~,~,~
7pm
Please submit our request to city council at the next meeting.
Sinc.,er~ely' .
Mary Parra
Linda Sprauer, Director ............................ (503) 982-5263
Donna Melendez, Cataloging & Reference ............. (503) 982-5257
Judy Brunkal, Reference & Intedibrary Loan ............ (503) 982-5254
Nicolette Wonacett, Circulation & Long Loans .......... (503) 982-5262
Mary Parra, Youth Services ......................... (503) 982-5260
FAX (503) 982-5258
100
City of Woodburn
P°lice rtment STAFF __ REPORT
270 Montgomf~.e~,: Woodburn, Oregon 97071 (503) ~
Ken Wrig t/
Date: ~ 17, 1~7
To:
Mayor and Council
C. Childs, City Administrator
Subject:
Revisions to Discharge of Weapons Provision of Ordinance 1900
It has been requested that staff review the ceremonial discharges of a firearm to include
funerals conducted at cemeteries within the city. There is one legal cemetery within the
corporate city limits, St. Lukes, located at 1679 N. Front St. I contacted area funeral homes
to determine policy regarding honor guards. When the family requests an honor guard,
arrangements are made through the state licensed funeral home. In order for the council to
incorporate discharges of firearms at funerals I would recommend wording to the effect as
follows:
"ceremonial discharges of a firearm or firearms ar permitted at funerals conducted at
cemeteries within the city are permitted when the services are arranged through a
state licensed funeral home. The discharge of the firearm(s) would only be by
recognized organizations using blank ammunition. The state licensed funeral home
would only need to notify the police department in advance of the discharge."
In discussions with area funeral homes there are approximately thirty services annually at St.
Lukes and only three or four entail honor guard discharges.
Recommendation:
Authorize the city attorney to develop the amendment to
Ordinance 1900, Section 5 to allow the ceremonial discharge(s)
of firearm(s) at funerals within the city.
cc city attorney
C:\wp51 \council\ordl900.sr
MEMO
TO:
FROM:
SUBJECT:
DATE:
Mayor and City Council through the City Administrator
Planning Commission
Major Partition 97-07 Capital Development
June 18, 1997
14A
At their hearing of June 12, 1997 the Planning Commission approved, with conditions, a
three-lot partition. A summary of that request, plus vicinity and partition maps, is
attached.
The city council has the option of calling this request up for further review or taking no
action. If the council elects to review the preliminary partition, a hearing date will be
established. If the council chooses not to review the partition, then the commission's
president may sign the final plat (hardboard) within 30 days from the date of preliminary
approval by the commission or 10 days after the city council chooses not to review the
partition, whichever occurs first.
GST:Ig
PLANCOM\CAPDEVEL.CC
14A .
STAFF REPORT
PARTITION CASE FILE # 97-07
II
APPLICANT:
John R. Donaldson
Capital Development
P.O. Box 3487
Lacey, WA 98509-3487
NATURE OF THE APPLICATION:
To divide 108.23 acres composed of Tax Lot 100 into three (3) parcels and to realign a
portion of Evergreen Boulevard through the said parcel. The applicant is also requesting
the dedication of right-of-way for Stubb Road (the portion between West Hayes Street and
the Evergreen Boulevard extension) and the proposed realignment of Evergreen
Boulevard.
III RELEVANT FACTS:
The property is currently overlaid with various zone boundaries.
The property is located along the east side of Interstate 5 and south of West Hayes Street.
The property can be identified specifically on Marion County Assessors Map as Tax Lot
100, Map T5S, R2.W, Sections 13 & 14.
Parcel one is proposed to be 7.121 acres of RM multi-family land. Parcel two is proposed
to be 13.295 acres of RM multi-family land. Parcel 3 is proposed to be 87.814 acres and
will be zoned commercial general, multi-family and single family.
No specific development is planned at this time; currently, there are no improvements of
the property.
The proposed rights-of-way (Stubb Road and Evergreen Boulevard extension) have been
indicated on the preliminary partition plat. It is proposed that Evergreen Road be extended
south. The proposed alignment has been moved away from the westerly side of Senior
Estates.
CAPDEVEL.SR
MER/Ot4N. atamOU cotnvrt'. OREGON. SatO P~ ~ ~ P~r~LY ~S~/SEO ~ FO= 1 ~A
~.2z FE~ rO A ti4 ~ ~ ~. ~ ~m ~Jt'~r 2t ta97 ~Er ~ ~ ~,.
~ ~g ~Y ~ ~ WAr ~ ~ m~r~ ~ar ~. ~g~ ~ ~o ~=~r ~ wx~ /
~O ~ No. 98; ~ ~ ~0 ~ ~ ~0 ~ ~ S~ ~31'65'~ST /
69.04 ~. ~E~E ~~ ~ ~ ~y ~ ~ WAY UNE ~R~
40'S~'~$F 27.96 ~ ~ A ~T ~ ~E ~RLV LWE ~ ~ ~S
~ ~o s~Y ~ S~ ~Sl'~'~Y ~28.17 ~Er ~ A ~INT ~ THE /
R~ r~ A ~N~ ~ ~ 6~4~2~. ~ ~ ~ ~ 593.68 /
~ COUN~ ORE~.
271
SILVERTON HWY
Il I f to WoodbuEn · HELD
,R
%"% S54'06;0~E 5.86'
PAR
93. 187 A
Z~=25"52'28"
R= 2000. O0 '
L=903. 19'
C=N13'28'09
895.54'
VICINITY MAP
SCAL£: I'-200'
200' 0 200" 400'
HELO
&GROFF'
1810.97'
N 89'$2'20~W 21 I0.97'
50'
14A~
Il
iI
SITE;
PROPO~i~ ZONING
WOODBURN CROSSING
WOOOEIURN.
15A
MEMO
To:
From:
Subject:
Date:
Mayor and City Council fi [/~/x~)
N. Robert Shields, City Attorney
Title Report for Senior Estates Park
1une 20, 1997
At the May 27, 1997 meeting, the City Council passed a motion directing me to obtain a
preliminary title report on Senior Estates Parle I have recently received the report. A copy is
attached for your information and consideration.
First American Title Insurance Company of Oregon
MARION COUNTY- MAIN OFFICE WILLAMETTE DIVISION
280 Liberty St. S.E., Suite 100 P.O. Box 825 Salem, Oregon 97308
Phone (503) 581-0555 FAX (503) 362-9871
June 11, 1997
City of Woodburn
270 Montgomery Street
Woo~burn, Oregon 97071
PRELIMINARY REPORT ONLY
No liability is assumed
hereunder until the policy
is issued and the full policy
premiumhas been paid.
Attn: N. Robert Shields, City Attorney
Order No.
222629-M
We are prepared to issue a title insurance policy in the form
requested, insuring the title to the land described herein.
Park Area, Block 23, Subdivision of Block 23, WOODBURN SENIOR
ESTATES NO. 2, City of Woo&burn, Marion County, Oregon.
VESTEE
SENIOR ESTATES, INC.
Dated as of June
1997 at 5:00 p.m.
Subject to the usual printed exceptions and stipulations, and the
following:
Easement for public utilities as delineated on the plat.
(See plat for exact location)
Easement for overhead wires as delineated on the plat.
plat for exact location)
(See
Conditions and restrictions as pertaining to common areas,
including the terms and provisions, thereof, but deleting
restrictions, if any, based on race, color, or creed imposed
by instrument recorded May 11, 1962, in Book 558, Page 265,
The above conditions and restrictions were modified by
instrument recorded July 2, 1969, in Volume 667, Page 471,
Deed Records for Marion County, Oregon.
STA .YTON BRANCH EAST SALEM BRANCH WOOOBURN BRANCH
1161 N. F'a'stAve. I P.O. Box 533 1850 Hawlhome Ave. / N.E., Ste. 230 681 Glatt Circle I P.O. Box 1090
Phone (503) 769-34311 FAX: (503) 769-4494 Phone (503) 364-4480 / FAX: (503) 585-1887 Phone (503)W~n' Omg°n 97071
981-00161 FAX: (503) 981-0009
OTHER BRANCHES AND ESCROW OFFICES LOCATED IN THESE COUNTIES
'J N. CaM( Hi~ ~ P.O. Box 1177 e07 Mile ~. I P.O. eel~ 45! 4S4 C4nvnecM St. 1S30 S.F_ ~h ,awMlue I P.C). Bc~ g~t S~2 N.W. VanBurefl I P.O.
4 (s41) ~E~.M411K4X: (S41) 2eS.11~ F~M~ ($0~ Mla t r-Nc: f5(~) ~M26 Ptw~ (s41) 2eG.Olle i r-N(: CMl) aee. M.;,o FilMy (841) ~8,mm ~ F4X: (S41) geT.~M,1
15A
Order No. 222629-.
PRELIMINARY TITLE REPORT
June 11, 1997
Page 2
NOTE: 1996-97 taxes exempt with a zero balance by reason of
co ...... on area. Account No. 92940-230.
SITUS ADDRESS: N/A
Very truly yours,
FIRST AMERICAN TITLE
INSURANCE COMPANY OF OREGON
/
",~..~a~lette J. Ferres ~'~ Title Officer
PJF: fb
Escrow Closing: First American Title Insurance Company of Oregon
Owners Policy..$t/c ..... Minimum..$175.00
~overnment Service Fee..Pr~m{~--..$ 30.00
THANK YOU for using FIRST AMERICANTITLE
INSURANCE COMPANY OF ORE~ON
Where our Customers are FIRST
First American Title Insurance Company of Oregon 15A
ALTA LOAN POUCY (10/17/92) '
eaMnl Ihat anoaceo~me em~ ..... ol the exerose the~ed o~ a. nO~ce o~ a.u.,~-, --- -- --
. . ~~,~-. . .......... ~~m~ _. ,'~:~
~) d~~
ALTA O~ER'S ~Y (1~7~2) -
~. (al ~ ,'
. · ~~.
d~,t~ .
{e) ~m~,~ ~ .~m~~m~,~,~ '
SCHEDULE OF ~ANDARD EXCE~ONS
5. ~~'~f~sm~l~'~~ .......... Ti 149(10~92~
~: A SPECIMEN COPY OF THE ~LICY F~M
C L Uy o O/ Bu, qN SE ROAD
· o 20
]8400
1850O 1~
Z
]8700 17
a~m~o 0
~88oo --I
Zi~UU
2900
~'~o
3100
3200
~9100
Jgo00
~8900 ,,
23
NOTE - ~ a.RF..A ASSeSSeD MTH
TAXL.OT 300 ON MAP 5 M 07BC
2700o~'
i 3oo
g29402.,,~0
2600
2400
vvoOP'25
3300
8200
8100
~o.o3 15
21600
21800 1:
21900
2200019
2OO
.400
YO0
\ \
R-45
~ 0 0 0
22100
22200
22300
224OO~r
22500
5 500
60O
~o 0%0 ·
1100
~2od
J300
I400
E
[his
' t..'-~ purpose of assP~ting in
~t1~ COITff~_fly a,3~tm~s no
in dim~:aio~s a.~l location
1"71TLE
VALI. EY
'~.. SDFi'E 100. SALEM
15B
TO:
From:
Subject:
Date:
Mayor and City Council through t~City Administrator
Ben Gillespie, Finance Director l~)~
RF? for IS ~ardware, Sol.arc, and ~nstallation
June 18, 1997
This week the City will request proposals for the purchase and installation of five network
servers. Also included in the request will be network, e-ma'd, and calendaring sof~vare. The goal
is to connect via computer virtually every City employee. When the project is complete every
user in the City will be able to contact any other user by e-mail. All users will be able to store
files on the servers, and other users can retrieve those files. One user will be able to transfer a file
to another electronically, and all of those data files will be backed up every night. The financial
system and other data bases (water/sewer, business license, etc.) can be queried on line.
The tentative schedule calls for vendors to respond by July 25. A short list of respondents will be
interviewed by August 15, and the contract will be awarded by the Council at the September 9
meeting.
Vendors will be evaluated against these criteria:
Hardware/sof~ware
Price/performance
Reputation of manufacturer
Compatibility with the current and planned environment
Services
Qualifications of assigned staff
Stability and experience of firm
References
Cost
Vendors will be invited to bid on the entire RFP, on the hardware and sof~vare components only,
or on the services portion only.
Costs are expected to be very close to the budget estimates.
Concurrent with this RFP, management will be upgrading the operating system and all
applications soRware (spreadsheet, word processor, and d-base manger) to the City's current
standard. The City has standardized on Windows 95 for the operating system, and the Corel
suite, version 8, has been adopted as the applications standard.
1'5B '
StaffReport
June 18, 1997
Page 2
The next phase of the project is establishing the wide area network. This will involve connecting
each PC or workstation to a server and connecting the servers to each other. The cabling work
for this project will be combined with similar work under the telephone replacement project.
· 15C
MEMO
TO: Mayor and City Council
FROM: Chris Childs, City Administrator
(Interim Recreation & Parks Dir.)
SUBJ.:
DATE:
Recreation Prooram Contract Form
June 17, 1997
Recent inquiries and concerns expressed to both staff and Council indicates that
there may be some confusion regarding the extent and nature of the form of contract
utilized by the Recreation & Parks Department for independent contractors' programs.
Attached for your reference is the standard form of contract that has been in
existence for a number of years and routinely used in the past by the department. It
was initially reviewed by both the Recreation & Parks Director and the City Attorney.
In recent years the department apparently did not specifically require such
contracts, as the number of independent contractors had dwindled to just two, Ann
Finch, who offers an assortment of dance classes, and Lilly Quick, who conducts
karate classes at the community center. Both of these individuals have had a positive
history with the department and were a 'known quantity". Nevertheless, routine
usage of the contract form has now been reinstated (please refer to related contract
approval item under General Business heading of this agenda). Execution of such a
contract will be mandatory for any prospective program contractors in the future.
Prior to a concern that surfaced recently, the Recreation & Parks Department
had not previously encountered conflicts between private providers of services vs.
programs offered through the department. There are no regulations that restrict the
city's ability to offer programs that can be beneficial to the public, and it is generally
seen as particularly being in the city's interests to offer a range of programs that
relate to and impact children and youth.
Some councilors have expressed a desire for a fixed percentage rate that would
be applicable uniformly to all such contracts. Former Director Nevin Holly pointed out
a legitimate need for flexibility in negotiating such contracts. Each class or program
is unique and different and has a different effect and impact on the department's
resources, as well as the contractor's ability to pay.
When contacted in regard to executing a current contract (at the suggested
uniform rate of 25%), the karate instructor, Lilly Quick, advised the department that
15C
Page 2- Memo/Recreation Contract Form (6/17/97)
it would not be economically feasible to continue to offer her program under such
terms. Under the previous arrangement, Ms. Quick had been paying the department
at a rate of 10%. Accordingly, her program will apparently soon be ended. This
unfortunate development illustrates why a reaffirmation of the Director's flexibility in
negotiating individual program contracts on a case-by-case basis would be desirable.
The contract presented for approval under the separate General Business item
(regarding Ms. Finch's dance classes) merits council consideration because the
circumstances of her program had previously been raised before the council.
Nevertheless, to keep the process the least burdensome as possible, staff
recommends that routine approval of subsequent program provider contracts remain
an administrative function at the level of the Recreation & Parks Director.
15C
DECLARATION OF INDEPENDENT CONTRACTOR STATUS
DEPARTMENT OF RECREATION AND PARKS
CITY OF WOODBURN
Time or Project(s) Covered By This Contract
The undersigned hereby declares that all services performed under the Instructor dated
shall be rendered by the Independent Contractoi' in his/her status as an Independent Contractor.
The Independent Contractor shall give the City of Woodburn, Department of Recreation and
Parks seven (7) days advance written notice before obtaining the assistance of any person in
pedormance of the contract. Upon receipt of this notice the Department may require the
Independent Contractor to qualify as a Direct Responsibility Employee under ORS 656.407, or
as a Contributing Employer underORS 656-411. Failure to give notice required by the Declaration
or to obtain Workers Compensation coverage as required by the Department shall constitute
grounds for termination of the contract by the Department of Recreation and Parks.
The Independent Contractor agrees to indemnify the Department of Recreation and Parks forany
damages, expenses, costs and disbursements and attorney fees insured by said person as a
result of the Independent Contractor's failure to adhere to the terms of this Declaration.
The parties to this Declaration understand that a person who files a Declaration of Status as
an independent Contractor is not eligible to receive Workers Compensation benefits (under
ORS Chapter 656) in the event of injury or disease, unless said person has obtained cover-
age for such benefits pursuant to ORS 656.128.
:~[" ~ ~;~- ---'.~" ~", ~.~ '~".~'~-~::~:~-'-'::'::-':~:::::.';~.~E.:;~:~.' :".~:~:~-.'":~":~.:'.'~'::::::::S'::.~:::~::.~:':~-'~-: ~, _~¥~;" '- ~.; ' ¢'-<'";~;'-'~" ' ================================================================
::::::~'k~&;.,~"°¢R~'"?r'¢'':¢'''¢?''×'~:'''< "'""~*'""'""'"*:' ~":~'"'"'-"4'""'"'""~'"'"'"'"'""""L ........ /.v.'.'.;w.'.w:.'.v.;'.'.;.v.'.'.'.'.'/.'.v.w.'.v.v'". ..... o:.X-~-'~-..,..'.~,.-:..-.-.-'.X...~.-.~...,.-.-,.-.~..~:+.~.....,~,.~.-,~ .:: ::::.-':.":~'-' ::::::::::::::::::::::::::::::::::::::::::::::::
::.:.:.:-:-.-.:-:c,~:::.:~..;:~:.:o~:.::~:::::;.-:::~:~..~.~.~.~'..~..~::: :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::
Page 1 Of 8
. 15¢ .
General Provisions
This Agreement entered int° this day of 19 by and be-
tween the City of Woodburn/Department of Recreation and Parks, an Oregon Municipal Cor-
poration, herein called the "City" and:
A corporation partnership, whose address is
and who is hereby called the "Contractor" for the purpose of engaging expert services to
conduct a program of
as a part of the total recreation, social, cultural arts and therapeutic program services of the
Department of Recreation and Parks/City of Woodburn.
The term of this Agreement shall exist during the dates of
to ,19.
IN CONSIDERATION of the monies to be paid and obligations assumed by the parties as set
forth in this Agreement.
Ao
I. CONTRACTOR'S OBLIGATIONS
The Contractor Shall:
Prooram Services
Provide those services set forth in Part 1 of Special Provisions, attached to this Agreement and
by this reference, incorporated herein.
Prooram Material~
Furnish to program participants, at cost, all necessary patterns, textbooks, reference books,
materials, tools and equipment for their participation in the program, except as otherwise
provided in the Special Provisions, or furnish to the City for distribution to each participant at
least thirty (30) days in advance of the first program session, a list of patterns, books and
materials, tools and equipment which the participants must furnish for themselves. If the
Contractor sells patterns, books, materials, tools or equipment to participants, the Contractor
shall keep complete records of purchases and sales available for inspection by the City to
verify that they were resold at Contractor's cost.
Co
Proqram Dress
Furnish to the City at least thirty (30) days in advance of the first program session, a list of any
clothing which the Contractor recommends, or will be required to be worn by program partici
pants for their safety or comfort; including special protective clothing such as eye wear,
footgear, dust masks, hair covering, etc., and particular articles of clothing and jewelry which
should not be worn.
Page 2 Of 8
Eo
Fo
Ho
Jo
15C
Prooram Backoround
Furnish to the City at least thirty (30) days in advance of the first program session any wdtten
introductory or background material which the Contractor desires to be distributed to program
participants. Such material, if not authorized by the Contractor or public domain, or if subject
of a copyright not held by the Contractor shall be accompanied by the written consent of the
author, publisher, or other copyright holder that the material be reproduced or distributed to
program participants. Royalties and other charges necessary to secure such consent shall be
the Contractor's responsibility.
Proaram Safety Eo_ui0ment
Furnish any first aid equipment and supplies beyond that specified in Sections C and the
Special Provisions which the Contractor deems advisable for the hazards involved in the
program.
Proqram Attendance Records
Keep an attendance record for each program session on forms to be provided by the City and
provide copies to City upon request.
Prooram Evaluation
Within the (10) days following the conclusion of the program, complete and return to the City a
program evaluation form to be provided by the City.
Proqram Accident Re_ports
Report to the City, on forms to be supplied by the City, all illness or injuries, however minor,
sustained by participants while at the site of the program. Exercise independent judgement as
to the need for first aid or emergency medical services for program participants.
Proqram Su_Dervisiorl
Supervise and control the program to insure that participants are aware of and exercise all
appropriate safety procedures, including the constant use of all protective devices, guards,
etc., installed on or furnished with tools, electric devices, combustible or flammable
substances, pressurized containers, or other potentially dangerous materials or equipment.
except as provided in the Special Provisions, the first program session shall include a presen
tation by the Contractor on safety procedures which Contractor will require participants to
observe. "Supervision and Control" includes the authority and obligation to suspend or expel
from further participation any participant whose conduct is, in Contractor's judgement,
unreasonably disruptive or constitutes a danger to that participant, any other participant, the
Contractor or to any real property.
Proqram Site Manaoemerlt
Leave the premises, equipment and other facilities used in each program session in a clean
and ordedy condition. All lights, electrical appliances and heating shall be turned off as
directed by the City and the premises secured as so directed. Any equipment owned or con
trolled by the City and checked out to the Contractor shall be returned or secured as directed
by the City and while in Contractor's possession shall be the sole responsibility of the
Contractor who shall bear all risk of loss or damage.
Page 3 Of 8
15C
L
Legal Com_oliance
Comply with all applicable Federal, State and Local laws, Ordinances and administrative
regulations in the conduct of the program.
Civil Rights Com_oliance
Not discriminate against any person in according full benefits of participation in the program on
the basis of race, color, sex, age, religious preference or national origin.
Contractor Illness
In the event of illness or other inability to personally conduct any program session, arrange for
a substitute to conduct that session or notify the participants of cancellation. City is to be
notified of any cancellations. Any substitute so selected must be approved by the City.
Contractor's Workers Com.oensation Insurance
Before commencing any work under this Agreement, provide the City with evidence that the
Contractor is either covered by a policy of Worker's Compensation Coverage, is an approved
"direct responsibility employer', or employs no workers subject to ORS Chapter 656. NOTE:
Substitutes which the Contractor engages for a fee may or may not be "workers' for whom
Workers Compensation, unemployment contributions, FICA, Sate and Federal Inc~)me Tax
Witholdings, etc., are required. It is the Contractor's responsibility to determine applicability of
all such requirements and insure compliance with all applicable requirements.
Contractor Insurance
Determine the necessity for and obtain whatever liability, property or other insurance the
Contractor may desire, recognizing that Contractor is an independent contractor and not an
agent of the City who has no obligation to and will not indemnify or defend the Contractor
from any claims arising from Contractor's activities hereunder.
Ao
Eo
CITY'S OBLIGATIONS
The City Shall:
Payment
Pay the Contractor according to the 'Payment Schedule' attached hereto and by this
reference incorporated herein.
Prooram Reoistration
Provide, collect and process registration forms for participants.
Pro~ram Rosters
Assign participants to program sessions and furnish Contractor with rosters.
Pro~ram Fees and Charges
Set, collect and keep for its own use and benefit any and all registration fees it deems
appropriate, unless otherwise provided in the Payment Schedule or Special Provisions.
Program Promotion
Publicize the program in the manner, and to the extent it deems appropriate.
Page 40f~8_
15C
Proqram Facilities
Fumish only those facilities, equipment and utilities which are set forth in the Special
Provisions or with regard to the use of a building set forth in the Special Provisions are normal
incidents of that use. (i.e..heat, water, power, water and sewage disposal).
III ADMINISTRATIVE PROVISIONS
De
Exoiration Date
This Agreement shall expire on the "Expiration Date" set forth in the Special Provisions
unless sooner terminated as provided herein.
Termination By City_
This Agreement may be terminated by the City upon forty-eight (48) hours notice to the
Contractor in the event the Contractor fails to comply with any written demand by the City to
cure any breach or inadequacy of performance hereunder.
Mutual Termination
This Agreement may be terminated by either party without recourse, for any or no cause upon
ten (10) days prior to written notice to the other party.
Waiver of Performance
No waiver of or failure to object to adequate performance shall affect either party's right to
object to future or continued inadequacy, whether or not of the same nature.
Notices to the City shall be given to the City's Director of Recreation and Parks, 491 N. 3rd
Street, Woodbum, OR 97071, unless otherwise specified in writing by the Director of
Recreation and Parks.
Notice to Contractor
Notice to the Contractor shall be given to the Contractor at the address set forth on Page 1
of this Agreement, or such other address as may be hereafter specified in writing by the
Contractor: provided however, that notice may also be given to the Contractor personally.
Assiqnment of Interest
Neither part shall transfer or assign its interests or obligations, or any part thereof, under this
Agreement without prior written consent of the other party.
Aareement Amendment
This Agreement, together with the Special Provisions and Payment Schedule constitute the
entire agreement of the parties, and shall be amended only by written instrument signed by, or
on behalf of both parties. No oral waiver, modification or amendment of the terms hereof shall
be deemed binding on either party, and no evidence of such oral waiver, modification, or
amendment shall be adminissible in any action, suit or proceeding to enforce the terms of this
Agreement.
Page. 5 O[.. 8
IN WITNESS WHEREOF the parties have caused this Agreement to be signed as of this
,19
day of
CITY OF WOODBURN/DEPARTMENT OF RECREATION AND PARKS
By: Date:
Title: Director, Recreation and Parks/City of Woodburn
CONTRACTOR
By:
Address:
Date:
Page 6 Of 8
15C
CONTRACTOR:
Address:
INDEPENDENT CONTRACTOR'S PAYMENT METHOD
Department of Recreation and Parks
City of Woodburn
CONTRACTOR#
CONTRACT TERM: From
Phone
199__,To 199
Part I
Basis of Payment
r---] A. Percentage of gross receipts from registration fees.
1. contractor shall receive % of gross registration fees collected by the City.
2. Registration fee shall be no less than $ per participant. For each participant
whose fee is expressly waived by the City without Contractor's consent, the foregoing
minimum fee amount shall be added to gross registration fee receipts for purposes of
determining Contractor°s compensation.
~ B. Fiat Fee of $ (total; not per installment).
C. Other: (Describe: Must be reviewed and approved by the Woodburn Recreation and
Parks Department).
[~ C.
Part I!
The Compensation determined under Part I shall
be paid by the City in..
Lump Sum on or before: { } Expiration Date of Agreement
{ } Month Day Year
Installments of $ , each beginning:
{ } Monthly thereafter on or before the 15th of the Month.
{ } Bi-Weekly thereafter on or before the 15th and 30th of each Month until
total is paid.
Other: (Describe: Must be reviewed and approved by City Attorney)
Page 7 Of 8
- 15(3: '
INDEPENDENT CONTRACTOR'S
SPECIAL PROVISIONS AGREEMENT
Department of Recreation and Parks
City of Woodburn
CONTRACTOR:
Address:
CONTRACTOR #
Phone:
CONTRACT TERM: From: 199 , To: 199 .
Part 1.
SPECIAL PROVISIONS
PROGRAM DESCRIPTION: (Brief description of program as to general content
and target participants).
Part 2. SUPPLEMENTS TO AGREEMENT: (Paragraphs of the Agreement which
suggest that more detail maybe provided in the Special Provisions are shown here. After
each paragraph reference, write "None" meaning the Agreement needs no further refinement
under that paragraph, or insert a brief supplement, explanation, qualification or exception to
the paragraph where necessary.) Use reverse side of form if necessary.
I. A.
Be
De
E. Program Agreement Only.
OTHER: (Reference paragraph of Agreement where applicable)
Attach a copy to duplicate contract Agreement.
Page 8 Of 8
15D
TO:
FROM:
SUBJ.:
Mayor and City Council
Chris Childs, City Administrator
United Dis_~osal Service Rea_uest for Rate Modifications
and Imolementation of Yard Waste Recycling Program
DATE:
June 19, 1997
Following a city council workshop held on June 16, 1997, United Disposal
Service, Inc,, the city's solid waste (garbage) franchisee, has now formally requested
changes to the franchise ordinance concerning certain rate modifications and changes
as well as the implementation of a citywide yard waste recycling program,
Staff will be evaluating documentation to be provided by the franchisee in
support of the request pursuant to the criteria described under Section 13 of the
ordinance. The resulting staff report will be presented in conjunction with a public
hearing on the matter, most likely to be scheduled in late August or early September.
Following the public hearing, appropriate ordinance amendments will be
provided to the city council for final approval.
A copy of the letter of request from United Disposal Service, Inc., is attached
for your information.
, United Disposal Service ,
2215 N. FRONT STREET WOODBURN, OREGON 97071-5999
RESIDENTIAL - COMMERCIAL - INDUSTRIAL - RECYCLING
TELEPHONE 503-981-1278 FAX 503-982-7930
http:l/www, uniteddisposal.com
Mr. Chris Childs, City Manager
City of Woodbum
270 Montgomery St.
WoodburrL, OR 97071
June 17, 1997
Subject: Rate Modification Approval Request
Solid Waste and Yard Debris Collection Services
Dear Chris:
This letter is to follow up fi.om the June 16 council workshop. It should serve
to activate the rate review process per the council's recommendation.
At the council workshop, I was lef[ with a favorable impression to proceed
with yard debris collections. We need to schedule a time to meet with you and
your finance director. We will provide you with financial statements and
projections based on the proposed rates when we meet. Please advise us
what other information you may want and the hearing schedule.
Our target yard debris implementation date is March 1, 1998. To achieve this
goal, we need council approval of the rates as soon as possible because
appropriate equipment needs to be ordered with an approximate six month
lead time.
Proposed yard debris and other service rate changes are the same as discussed
at the council workshop.
You can reach me at (503)981 - 1278.
Sincerely yours,
Samuel A. Brentano
President
15D
~INT£O ON RECYCLED PAPER
City of Woodburn
Police Department
STAFF REPORT
270 Montgom~reet
Ken Wright/~
Chief of Po~
Date:
To:
Thru:
Subject:
June 23, 1997
Woodburn, Oregon 97071
Mayor and Council
C. Childs, City Adminstrator
Temporary Street Closure
(503) 982-2345
Annually we have received a request from the Alexandra Court neighborhood to close their
street for a 4th of July block party. Again this year the Alexandra Court neighbors have
requested that they be allowed to close their street to traffic and allow them to celebrate the
4th of July. Their request is for Friday, July 4, 1997 from 10am to llpm. Accompanying
their request is a signed petition containing acknowledgements from all effected residences.
As required by Ordinance 1527 Section 5 this request is brought to the council. The council
may modify or reject such action.
Recommendation
The city council authorized the Alexandra Court neighbors to barricade the entrance to
Alexandra Court on Friday, July 4, 1997 from 10am to llpm. Emergency traffic will be
allowed for.
cc Lima
Mill
JUI~ 2 ~ 1997
We, the neighbors affected, request permission to close Alexandra COurt to traffice
in order to have our annual Fourth of July party. We will be setting up barriers at
10:00 a.m. and will remove them by 11:00 p.m. Friday, July 4, 1997. Room will be left
for emergency vehicles to pass through.
Mark & iVlellssa Will~:ock
1420 Alexandra Ave.
I~erald~ VirginiatJarnes
1435 Alexandra Cour~
:qS '/l
Cl~dio & Anne I~rrd
1415 Alexandra Court
Willial~ ~'L~
1395 Alexandra Court
Rob &l~Cheryl Mill
1375 Alexandra Court
10.
Bi]} & ~gie M~e'~r
1450 Alexandra Ave.
J~k & Patty ~}i~rieff
1430 Alexandra Court
'Robert & Arlene Colby ~-
1410 Alexandra Court
l~ra~ff~
Mike & Maureen Webb
1380 Alexandra Court
I
l0
Independence Day
'"' i:i:'.'.'.'::':i:':':i:i.'.i:i:!:i:? "ii¢iiiii~i,~ :~i~!~i!ili!iil~ '::!:'.:.::'!iii.::!i:i::~:::::i.:.,;~.i::;~::~:::r'
FOURTH OF JULY PARTY
h's that time again .... the planning for our neighborhood 4th of July Party has
started.
This year, as in the past-9 years;the street will be "closed" around 10 a.m,
If you have a portable barbecue we would appreciate it if you could bring it to
the end of the Court around 10:00 a.m. We~l start the grills about 11:30 and
cooking can begin around 12 noon. Bring whatever you would like to
grill (hamburgers, hot dogs, buns, otc.), a side dish for all to share, your own
plates and utensils and your choice of drinks. Coolers will be located near
the end of the Court with the tables and chairs. Dessert will be provided.
After lunch we can sit and talk (or take a nap) and then gather again for
dinner if you like (we always have plenty of food left over).
Later that eve~!ng,.as..dusk approaches, we wi!! gather at the end of the Court.
to'set off fireWorks for the "kids",' ffYou'd'iike to-Coin~i' br~ your
sparklers/fireworks and jom in with us kids. ' .
At~erwards, the city will be putting on their fireworks ~splty, and if as in ~.'"~?'~
years past we can view the spectacle from Bill and Ma~e's lawn, just bring
down j~our chairs and bl, nkets.
If you have any suggestions or comments, please pass them on to either Anne
Lima (981-4413) or Cheryl Mill (981-6212).
HOPE TO SEE YOU THEREIII'