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AGENDA FOR THE REGULAR MEETING
ASHLAND CITY COUNCIL
August 3, 1999
Civic Center Council Chambers, 1175 E. Main Street
6:00 p.m. Study Session: Discussion of transit issues and RVTD.
I PLEDGE OF ALLEGIANCE: 7:00 p.m., Civic Center Council Chambers.
II ROLL CALL:
III APPROVAL OF MINUTES: Reguiar meeting minutes of July 20, 1999.
IV SPECIAL PRESENTATIONS & AWARDS:
V CONSENT AGENDA:
1. Minutes of Boards, Commissions and Committees.
2. Monthly Departmental Reports.
3. Adoption of the City of Ashland Budget Committee Charge.
VI PUBLIC HEARINGS: (Testimony limited to 5 minutes per speaker. All hearings must
conclude by 9:30 p.m. or be continued to a subsequent meeting).
1. Public Hearing re vacation of a portion of Indiana Street.
VII PUBLIC FORUM: Business from the audience not included on the agenda. (Limited to
5 minutes per speaker and 15 minutes total.)
VIII UNFINISHED BUSINESS:
(None) -- --
Council Meeting Pkt.
CITY RECORDER'S OFFICE
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IX NEW AND MISCELLANEOUS BUSINESS:
1. Council Meeting Look Ahead.
2. Discussion regarding the YMCA parking lot.
3. City of Ashland Cable Television Franchise Agreement with Ashland Fiber
Network.
4. Acquisition and dedication of Oredson-Todd Woods as a City Park.
5. Update on implementation of the City's Public Information, Communication and
Marketing Plan.
6. Update on the implementation of Council's 1999 - 2000 Goals.
7. Discussion regarding the Fall council workshop.
8. Discuss/Finalize the Process to Use for Updating the Economic Development
Chapter of the City's Comprehensive Plan.
X ORDINANCES RESOLUTIONS AND CONTRACTS:
1. Second reading by title only of"An Ordinance Amending the Comprehensive
Plan Map, Zoning Map, and the Detail Site Review Zone Map for the Property
North of the Railroad Tracks between Oak Street and North Mountain Avenue."
2. Second reading by title only of"An Ordinance Authorizing an Intergovernmental
Agreement Creating the Oregon Utility Resource Coordination Association
Intergovernmental Agency."
3. First reading by title only of"An Ordinance Removing the Restriction on the
Number of Taxicabs Which May Operate in the City and Increasing the Amount
of Required Liability Insurance."
4. First reading of"An Ordinance Vacating a Portion of Indiana Street on Property
Owned by Southern Oregon University near Siskiyou Boulevard."
5. First reading by title only of"An Ordinance Amending the Sign Code to Permit
Temporary Signs 45 days Prior to an Election."
6. Reading by title only of"A Resolution Demonstrating a Good Faith Effort to avoid
Year 2000 failures, in Compliance with Senate Bill 268."
7. Reading by title only of"A Resolution Setting a Public Hearing to Hear a Petition
for and any Objections to the Vacation of a Portion of"A"Street easterly of Oak
Street."
8. Reading by title only of"A Resolution Dedicating Property for Park Purposes
Pursuant to Article XIX, Section 3, of the City Charter (Oredson-Todd Woods)."
XI OTHER BUSINESS FROM COUNCIL MEMBERS:
XII ADJOURNMENT:
Reminder
Study Session on Thursday, August 5 at
noon in Council Chambers. Topics of
discussion will include: 1) Hillah Temple;
and 2) Discussion of Water Conservation
Program Goals and Plan; and, 3) Finalize
Strategic Planning Process for 1999-2000.
!r
MINUTES FOR THE REGULAR MEETING
ASHLAND CITY COUNCIL
July 20, 1999
Civic Center Council Chambers, 1175 E. Main Street
PLEDGE OF ALLEGIANCE
Council Chairperson Don Laws called the meeting to order at 7:00 p.m., in the Civic Center Council Chambers.
ROLL CALL
Councilors Laws, Reid, Hauck, Hanson and Fine were present; Mayor Shaw was absent;Councilor Wheeldon
arrived late.
APPROVAL OF MINUTES
The minutes of the Hospital Board from July 6,1999 were approved as presented. The minutes of the Regular
meeting of July 6, 1999 were approved with the following amendments: Councilor Fine requested that the
following sentence be added after the first sentence on page 9:"Fine added that initially he had deferred to the
political judgement of Mayor Shaw that it would be better to link the two measures; but as she no long was of that
view,he should prefer to let the citizens vote on the two measures separately." Continued meeting of July 7, 1999
were approved as presented.
SPECIAL PRESENTATIONS& AWARDS
1. Update and presentation by the Housing Commission.
Slide presentation by Housing Commission and introduction of commission members Gerry Sea,Carlus Harris,
Madeline Hill,Joan Legg,Joseph McKeever,Larry Medinger, Sondra Nolan and Jan Vaughn were made.
Presentation stated the mission of the Housing Commission which is to encourage affordable housing for a wide
range of Ashland residents;preserve the diversity and character of Ashland through enhanced cooperation between
public and private sectors;and encourage financial entities to support housing programs within Ashland.
Current programs include, Ashland Rental Assistance;Ashland Home Ownership Program;and Ashland
Community Land Trust Program. Commission members explained what the Community Land Trust Project(CLT)
was and how it will work. A video was presented for further explanation on the program.
It was noted that the(CLT) is a non-profit membership,that it endeavors to create a stock of permanently affordable
housing and would attempt to meet the needs of residents least served by the prevailing market. CLT would be
distinctive because of the commitment to local control, it would represent a new approach to the ownership of land
and housing,and would protect long-term affordability of housing through resale formula.
It was explained that the CLT would be a partnership between the Ashland Housing Commission,ACCESS, Inc.,
and area residents. Current efforts include creating a ACLT Board of Directors,adoption of Articles of
Incorporation and Bylaws,approval of land lease and resale formula,community outreach and membership
campaign,and the targeting of property for acquisition with CDBG funds and other sources.
On-going Housing Commission projects were noted as updating of Ashland Housing Element; evaluating current
Affordable Housing Density Bonus and SDC Deferral Program.
CONSENT AGENDA
1. Minutes of Boards,Commissions and Committees.
2. Monthly Departmental Reports.
3. A Motion Approving the Purchase of Property Jointly with the Cities of Talent and Phoenix for the
Purpose of Placing the Regional Pump Station for the TAP Intertie Project,and Authorizing the
City Administrator to Negotiate the Final Purchase Price,Sign the Purchase Agreement and
Authorize Payment of the Earnest Money for the Property.
Item #3 was pulled from consent agenda and placed under New Business.
City Council Meeting July 20, 1999 Page I of 6
Councilors Hanson/Reid m/s to approve consent agenda items#1 and#2. Voice vote: All AYES. Motion
passed.
PUBLIC HEARINGS
1. Public Hearing and Decision on the Action Plan for the One Year Use of Community Development
Block Grant Funds for Fiscal Year 1999-00. -
Associate Planner Maria Harris presented the synopsis on the action plan that is required to show how monies are
being spent for the Community Block Grant. Explained that this years allocation is$221,000 and indicated a table
that showed where the monies had been spent. Table showed the CDBG projects for fiscal year 1999-00 and the
recipient organizations,their activity name, location and funds distributed. Explained that the consolidated plan
needs to be updated every five years,which is required by the U.S. Department of Housing and Development
(HUD)for the receipt of the City's CDBG funding.
Councilor Wheeldon arrived late.
PUBLIC HEARING: Open 7:30 p.m.
No speakers.
PUBLIC HEARING:Closed 7:30 p.m.
Councilors Reid/Hauck to adopt Action Plan for the One Year Use of CDBG Grant Funds for Fiscal Year
1999-00. Roll Call Vote: Laws,Reid,Hauck,Hanson,Wheeldon and Fine; all AYES. Motion passed.
PUBLIC FORUM
Sophia McDonald/1250 Siskiyou Blvd/SOU representative of Student Government presented herself for questions
and update to issues regarding Southern Oregon University. Stated that she hoped to have student representative at
future council meetings. Touched on alternative transportation issues.
UNFINISHED BUSINESS
(None)
NEW AND MISCELLANEOUS BUSINESS
1. Council Meeting Look Ahead.
Public Works Director Paula Brown clarified for council that item#23 of the Look Ahead is a discussion scheduled
at a study session to work with the Oregon Department of Transportation on Siskiyou Boulevard and other state
operated owned facilities in Ashland. Discussion is anticipated in regards to whether it is worthwhile for the city to
take over the ownership,maintenance,etc. of those facilities for funding.
Councilor Reid stated her skepticism over this matter and questioned whether it would be a good deal for the
citizens of Ashland. Stated that her concern stems from what has happened in other communities. Reid informed
council that she would be absent at the time that this session is scheduled and that she would like to be a part of this
discussion. Brown agreed to look into changing the date of the study session in order that Councilor Reid could
attend the study session. In addition,Brown would gather input from other cities and the League of Oregon Cities.
2. Final 1998/99 Construction and Major Project Activity Summary#4.
Public Works Director Paula Brown presented the summary of construction and major project activities completed
by the Public Works Department during FY99. Explained that many of these projects are budgeted in various
Divisions within the Department and are coordinated through the Engineering and Public Works Administration
Division. Included for council review was the W WTP-Carollo progress report No. 7.
Stated that the upcoming study session will cover in detail further information on the TAP Interne project.
Brown explained that additional data is continuing to be collected for the wetlands demonstration. That the bench
test is showing below .08, which is enough promise to do it in the field and make the changes to see if we can
remove phosphorus and get below .08. Brown explained that Cascade Earth Sciences was contracted to design,
City Council Meeting July 20, 1999 Page 2 of 6
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wild,evaluate,and monitor project for a certain price. Cascade Earth Sciences is asking for additional monies, but
Brown is skeptical over the need for additional expenses. Brown will keep the council appraised of the situation.
3rown voiced her concern that the project is way behind schedule on timing and that the project has already been
extended once. Stated that they will continue to work with Cascade Earth Sciences,who are making every effort
through various project management changes to keep the project going. Explained that,in terms of future
budgeting, it would depend on the design modifications being made,and if these show resulting changes in
phosphorus reduction. Brown would bring these results back to council for direction in regards to continuance and
budget requirements.
Brown confirmed for council that Public Works crew is working through an agreement with the City Administrator
and the YMCA to pave the YMCA parking lot and that there has not been any final decision regarding the paving
of the Elks parking lot.
Brown stated that she was unsure of the how the agreement was written regarding the paving of the parking lot for
the new YMCA swimming pool, but that discussion was held in that our city's crew would provide the labor to
pave the parking lot. Explained that this was something that the City.Administrator worked on and she is unaware
of all the details. Council requested that staff place this on the next council agenda to answer the question of what
the agreement is with the YMCA and what the possible donation that the city is making to the YMCA is in regards
to the paving of the parking lot.
3. Discussion regarding community transit needs.
Administrator Services Director Dick Wanderscheid presented synopsis of prior discussion held with council on
May 20, 1999 and the process and schedule for which the goals were agreed upon. Commented on the failure of the
RVTD levy and the taking away of the Reduced Fare Program. Stated that internally,it did not seem wise to spend
the next six months doing a survey,and was not the best way to proceed. Wanderscheid explained that it would be
hard to survey citizens because citizens would have a hard time reacting to what the service levels are,when the
service levels have changed. Also, services could change in the next six months.
Wanderscheid questioned council to determine if it were still their direction to spend the next six months doing a
survey,or if there was something else council may want to do to proceed along with this quicker. Suggested public
forums,focus groups,or bringing in individuals who have a vested interest in transit alternatives. Reiterated that he
did not feel that a survey would be valuable at this point.
Councilor Reid questioned why auto and parking data would not be a part of the research in identifying alternative
transportation. Reid would like to have the question posed as to why so many students are driven to school and if
you can't understand how to get individuals out of their cars,you don't know why they are in their cars. Reid
voiced her concern that proposed process as outlined in memo didn't seem to meet the need as discussed by council.
Wanderscheid questioned whether Reid was at the study session when proposal was adopted. Reid explained that it
was her understanding, from a council meeting that she did attend,that the council was interested in why there is a
problem around all the schools in regards to traffic.
Wanderscheid explained that the discussion with council at the study session was the need to focus and do a
relatively short survey. That the discussion was to focus on alternative transportation in order to get a survey that
was workable and to get data that could tweak the transit and the alternative transportation efforts currently being
done. Stated that he was following the timeline and had gathered data that was available,but when the RVTD levy
failed and the Reduced Fare Program went away, it was decided that this may not be the best way to go.
Reid stated that she could not imagine a better understanding of alternative modes of transportation,unless we
include why people are in their cars.
Councilor Wheeldon commented on the outside surveys that were being conducted and how we could use this data.
Requested that there be some type of task force committee formed to look at the entire transportation issue.
City Council Meeting July 20, 1999 Page 3 of 6
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Suggestion was made that this be held off and more time allowed to gather additional information and determine
what our current situation are in regards to service.
Councilor Fine agreed with suggestion of forming a task force, but requested that staff proceed with their charge to
survey transit demands and to look at what kinds of alternative transits would stimulate demand. Felt that a
meaningful survey could be conducted to gather very important information which would feed into a future study
that will need to be done. Would like staff to tell council whether they can follow the charge of the council on this .
request. Fine voiced his concern on staff informing council that they have a problem carrying out their charge.
Fine would like to hear from the department head concerned,as to whether they are saying to do nothing,or is there
some particular thing that they could do better than what was asked of them.
Wanderscheid stated that to spend six months on what they envisioned as a survey,to tweak the transit system, is
not a very good use of our resources. Councilor Fine continued to feel that information gathered from a survey
would be very important.
Council discussed appointment of task force when Mayor returns. Laws recommended that this be postponed and
that an advertisement be placed to find out the interest of community members in volunteering to be a part of this
task force. Reid felt that the schools play a large role in the transportation issue.
Council discussion on what they need to think about what and what the right direction to move in is. Laws
requested that the City Administrator put a meeting together as soon as possible to discuss what direction to take
and it was suggested that this take place at a study session. Laws requested that this be scheduled as a study session
at 6 o'clock on August 3, 1999 prior to the regular council meeting.
4. A Motion Approving the Purchase of Property Jointly with the Cities of Talent and Phoenix for the
Purpose of Placing the Regional Pump Station for the TAP Intertie Project,and Authorizing the
City Administrator to Negotiate the Final Purchase Price,Sign the Purchase Agreement and
Authorize Payment of the Earnest Money for the Property.
Public Works Director Paula Brown explained that the request is to approve purchase of property for placement of
Regional Booster Pump Station needed for the TAP Water Intertie Project. Explained that the purchase cost is
$75,000 of which Ashland's portion would be$11,775 is within the initial council approval of the intertie project.
Councilors Wheeldon/Reid m/s to approve staff recommendation of purchase of property. Roll Call Vote:
Reid,Hauck, Laws, Hanson,Wheeldon and Fine,all AYES. Motion passed.
ORDINANCES.RESOLUTIONS AND CONTRACTS_
1. First reading by title only of"An Ordinance Amending the Comprehensive Plan Map,Zoning Map,
and the Detail Site Review Zone Map for the Property North of the Railroad Tracks between Oak
Street and North Mountain Avenue."
Councilors Reid/Fine m/s to approve first reading and place on agenda for second reading. DISCUSSION:
Community Development Director John McLaughlin explained to council that everything to the north of the
area next to Hersey Street is zoned El to Rogue Place,and the area around Williamson Way is zoned multi-
family. McLaughlin also noted the areas for council and what their zoning was. Noted the hope for mix use
and the continued work with the railroad for connection of roads in this area. Clarified for council that
there is concept planning for a road along Mountain Avenue. McLaughlin explained for council that this is a
staff is current)
great tool for strong street scope and over-all landscaping design standards. Stated that y
working with a property owner to develop a full plan for all the railroad property, but is not in a position to
take the lead. Stated that this project is being treated as a priority,but does not quite fit in for this years
priority projects. Roll Call Vote: Wheeldon, Laws, Hanson, Reid, Fine and Hauck; all AYES. Motion
passed.
2. First reading by title only of"An Ordinance Authorizing an Intergovernmental Agreement Creating
the Oregon Utility Resource Coordination Association Intergovernmental Agency."
City Council Meeting July 20, 1999 Page 4 of 6
Councilors Hauck/Reid m/s to approve first reading and place on agenda for second reading. Roll Call
Vote: Fine, Reid,Hanson, Laws, Wheeldon and Hauck; all AYES. Motion passed.
3. Reading by title only of"A Resolution Authorizing an Interfund Loan to the Community
Development Block Grant Fund and Telecommunications Fund."
Councilors Hauck/Wheeldon m/s to approve Resolution#99-45. DISCUSSION: Councilor Fine voiced
concerns brought to him by members of the community which relate to the telecommunication operation.
Specifically,in regards to the decision to pay a salary at a certain level,to a recently created position that he
does not believe was budgeted for at this level. Requested that his reservation be noted and plans on
following up these concerns with the City Administrator who is not in attendance at this meeting. Explained
that the position in question is a Customer Service Specialist. That the budget for the initial position was for
a Utility Billing Clerk,which is a lower level, lower paid position. Explained that this position will be paid at
the top of the city scale and Fine has been told that this position would be compensated more than our 911
Dispatch Supervisor. That it would also be compensated at more than the going market rate of pay for this
position in the private sector in Southern Oregon. Stated that he has only been able to get pieces of
information regarding this proposed position and has not been able to get the complete story. Noted his
concerns in relation to the agenda item which is to allocate more money to the fund from which this position
will be paid.
Councilor Laws noted that this may be two separate issues.
Finance Director Jill Turner explained that this is a authorization request for an interfund loan for the
telecommunication division. That the telecommunication division operated at a loss last year and that there
were expenses with no revenue. Explained that the business plan showed that the telecommunication
division would be operating at a loss for the first four years and then after four years would have enough
revenue to begin to pay back operating loss. Explained that this authorization request would come before
the council every year,as this expires every year. Stated that this request is to refinance the prior loan
approved by council and to add on expected operating loss for this fiscal year. Explained that operating
costs include customer service,internal service charges,installers,expenses in capitol needs for transmission
and distribution system,etc. Stated that the capitol needs will be financed on a long term basis and the
request for authorization to complete this transaction will be put before council soon. Explained that there is
a working capitol need,which is a short term need for operating loss and there is a long term capitol need.
Clarified that this authorization deals with the short term capitol need.
Turner stated that the requested Interfund loan is very close to the amount that was authorized in the 1999-
00 budget. Stated that staff has completed an updated 10-year plan based on these numbers.
Councilor Laws requested of Councilor Fine,to inquire of Turner and City Administrator,the issue
surrounding the proposed position. And, if necessary bring back to council. Turner requested that this be
deferred to City Administrator Mike Freeman and Assistant City Administrator Greg Scoles as she will be
out of town.
Turner clarified for council that the original amount of the estimated costs were lower and that the higher
amount is due to this being a new entity. Stated that estimates are continuing to be used to determine
expenses.
Roll Call Vote: Hauck,Wheeldon, Laws, Hanson,Fine and Reid; all AYES. Motion passed.
4. Reading by title only of"A Resolution Exempting from Competitive Bidding the Selection of a
Utility Billing/Cable Interface Software System for the Department of Finance."
Finance Director Jill Turner explained that staff had heard from one of the two potential vendors we would be
purchasing our head-in equipment from and that they won't promise a delivery schedule until this part is secure.
Believes that by researching and writing a contract,a competitive product could be secured in a fast and efficient
City Council Meeting July 20, 1999. Page 5 of 6
manner. Turner explained that the expense of the"canned"part of the product is around$30,000 and that the costs
for interface will depend on features and could be anywhere from $10,000 to$50,000. Stated that the competitive
bidding process would add approximately 45 days to the process.
City Attorney Nolte clarified for council that it is very difficult to competitively bid software and that it is very time
consuming. Noted the time frame needed to launch this business and that this is one element that needs to be done
very quickly. Nolte stated that he will participate in writing the contract and will ensure that a competitive selection
process is used.
Councilors Hanson/Fine to/s to approve Resolution#99-46. Roll Call Vote: Fine, Hauck,Wheeldon,Reid,
Hanson and Laws; all AYES. Motion passed.
OTHER BUSINESS FROM COUNCIL MEMBERS
Councilor Hauck noted a article about Ashland in the Oregonian which commented on the Ashland Fiber Network
along with other items.
Councilor Reid noted the article on Hayword and Iowa and their similarities of implementing fiber optic network in
relation to battling cable television.
It was noted that Councilor Wheeldon and Mayor Shaw would be traveling to Guanajuato in August. Reminder of
study session on Thursday,July 22, 1999.
ADJOURNMENT
Meeting was adjourned at 8:47 p.m.
Barbara Christensen, City Recorder Don Laws, Acting Chairperson
City Council Meeting July 20, 1999 Page 6 of 6
ASHLAND HISTORIC COMMISSION
Minutes
July 7, 1999
CALL TO ORDER
The meeting was called to order at 7:40 pm by Jim Lewis. Members present were Skibby,
Bailey, Lewis, Maser, Chambers, Steele, Anderson. Staff present were Knox and Hanks.
APPROVAL OF MINUTES
Skibby noted that the design review section of the previous minutes should be changed to
indicate elevation requirements to be 1/4 inch equals one foot rather than 1/4 equals 10 feet
originally noted.
A motion was made to approve the minutes with the noted change, a second was given by
Skibby and the motion passed unanimously.
PUBLIC HEARINGS
Planning Action 99-068
Conditional Use Permit
174 Church
Mark& Goozel Dyer
Knox stated that this application is for a transfer of ownership of an already approved travelers
accommodation and explained the reason for the requirement for a transfer of ownership to go
through the CUP process. The primary intent is to provide a review of the CUP as to its
adherence to the conditions of approval and to provide a hearing for neighbors who may have
comments about its operation. The process also provides the new owners with a clear
understanding of the conditions that have been placed on the property and the operation of the
travelers accommodation.
Steele made a motion to approve, with a second from Bailey. The motion was passed with a
unanimous vote.
Planning Action 99-075
Site Review
665 A St
Patricia Murphy
Knox provided the Commission with a summary report of the project stating that this application
was heard at last months meeting with several changes made by the applicant in response to last
months review. The project consists of a new 4,000 square foot commercial building to house
mineral baths. The project has a multiple year history in which it has been both denied and
approved in differing forms. The new proposal before the Commission is a good one overall.
Changes have been made in the parking lot location, the building is more storefront in nature
from last design. The end result of the relatively minor changes is a better overall plan according
to planning staff.
The only staff concern is barrel/dome at the main entrance. This could be defined as an addition
of new elements in the area, but design standards dictate otherwise. An example of a new design
element that would not fit within the standards include a church steeple on a building that has no
historical relevance or some contemporary element not in existence in the area. The new feature
brings with it potential problems in future developments as setting some sort of precedence.
Knox requested Commission to look at the criteria to determine whether this feature would create
opportunity for future applications to expand on the design feature and create future problems in
the consistent interpretation of the site design criteria.
Skibby noted that the plans show the stated changes, but the watercolor drawings don't show
these changes. Skibby also noted that the changes made to the windows were for the better.
Knox stated that the windows provide for future changes to the current window designs.
Skibby questioned the applicant about the barrel\dome feature at the entrance about the intended
result of the feature, whether the effect was for the interior or exterior look.
Murphy responded that the exterior look of the feature is the most important, but light will come
through to some of the interior space.
Skibby noted that he would prefer the arch at the front of the barrel\dome to be higher to better
conceal the dome roof effect.
Chambers requested to review the photos of other natatorium and buildings submitted at the last
meeting, which were passed around by the applicant
Knox again stated the design criteria detailing the use of new design elements.
Anderson stated that the use of the structure is a factor in evaluating the design criteria, and that
it is not without precedence.
Skibby noted that the overall scale of the structure is small in comparison to next structure,
which alleviates some of his concern over the barrel/dome.
Doyle Brightenberg, architect for the project made a short presentation stating that the primary
change from last months review is the windows, which may be screened from the inside
because of use of the interior space use, but no blank wall will be exposed to the street. He feels
that the changes in the windows was a good solution.
Brightener also quoted from the staff report design standard 4,C.10-New Construction
"traditional architecture yet enhances the nature of the historic district can be used". He feels he
and the applicant strove to meet these standards. The building isn't poorly massed, it provides
elegance to the entry and is not going to be as dramatic as it appears in the elevation drawings,
due to the difference in where the building is viewed by people at street level to that of the more
flat elevation drawings.
Brightener also noted that the most recent staff report didn't address positive feedback that was
received at last meeting.
Murphy followed Brightener stating that she is very emotional about the project and has been
working on it for more than four years. She stated that she willing to cooperate and resolve
issues. A lot of time and money has been invested for a project that she feels falls inside the
guidelines. Two other stucco buildings have been approved in the time since first starting the
project. Staff told her that a mission style would be appropriate. Another building was approved
with a dome. She wants the same style of the natatorium and stated that it is not a dome, but a
barrel and doesn't understand why staff and Commission feel there has been no precedence set
for this type of design. Compromises made to make the project work to this point. The dome is
centerpiece, mainly from Frank Clark's work and is not grandiose, but has personality and
historical importance.
Skibby asked about the coloring of the roof of the barrel and Murphy responded that it will
match the building, which will be tan\gray
Maser inquired about the material for the roof, whether it will be the same as the body of the
building and Murphy responded affirmatively stating that the top of the dome will be stucco.
Skibby -observation- Victorian houses with round roof for patio - highlighting entry.
Bailey questioned the lines across dome roof in the drawings. Brightener responded that the
lines are to show the curve rather than any type of material.
Maser also inquired about the material of the signs shown on the building. Murphy responded
that they will be a stucco material which can be removed from the building, i.e. they will not be
cast into the building stucco.
Bailey commented that she agrees with Skibby on arch change to minimize the sight of the
dome-like roof and noted that the old Junior High and High School have round roof features and
she would have problems if the scale of this particular dome were larger.
Skibby again reiterated that, overall, it is a well designed building and reminded Commissioners
to look at scale when making their determinations.
Knox warned of looking at design features of buildings that are not around anymore, where do
we stop. The real concern is what the decision means for future applications.
Maser feels that the building is appropriate - styled on natatorium, but is concerned in general
about the round features throughout town and wondered if down the road , will it be
appropriate?.
Chambers stated that he likes it, it makes a statement, it is bold, likes facade up a little would be
good but can live with it the way it is. Even unbuilt domes are part of history, but staffs point is
valid. He also noted that he appreciates the changes that were made through the process.
Steele stated she has a problem with arch of dome. Making the dome lower or arch higher would
be better. Her concerns are purely aesthetic, noting that it doesn't seem to fit, but understands
the attempt. Photos of natatorium are different because of overall scale of the different buildings.
Steel inquired if the spa will really use mineral water. Murphy stated yes.
Anderson commented that he looks at projects and also looks at architect designing the project.
He likes Brightenbergs work and is comfortable with the deign based on results of other
buildings in Ashland, specifically within the railroad district.
Lewis feels that this building will be a nice addition to the neighborhood. He has a little concern
with the dome, or reducing the height. Palm trees may also be a problem.
Bailey suggested historical photos to be placed in the hallway of the building to enhance the
history behind the project and the area.
Lewis asked if there was a motion. Lessen the impact of the dome? Agreement with the overall
plan? Steele moved to accept the project with provision that the barrel be modified to be less
elevated. No second was provided.
Skibby made a second motion to approve, including the 12 conditions in the Staff Report.
Chambers second
The motion passed with a 4-2 vote, as Steel and Bailey opposed. Lewis did not vote due to
potential conflict of interest and motion didn't require it.
OLD BUSINESS
A. Review Board
B. Project Assignments
Anderson and Maser were assigned to the 665 B Street project
C. National Register website
Steele told Tidings that the information will be sent in July to National Parks
The text will be put on disc and the images are being scanned and taken by Knox
Maps are also needed.
D. Other
Anderson discussed with the Commission the problem at review board with the
building on Maple and North Main Street with the lack of window trim that was not
"caught" by the review board. Anderson suggests that a form be used for applicant to
fill out that would help prevent this problem from happening again. He passed out a
draft form for the Commission to review and comment on.
Discussion from the Commission included the inclusion of landscape details (not in
HC purview), where in the approval process the form should be used, etc.
Comments will be returned at the next meeting and a trial form will be used to
determine its effectiveness.
NEW BUSINESS
A. Strategic Planing Process
Lewis brought up the issue of the moving of Carpenter Hall by OSF. There is talk
about trying to keep the building where it is and get the new theater also. The idea of
changing the theater building site to East Main did not go over well, as OSF states
they can not get the property and they would lose a season for the indoor theater.
Anderson asked if the scene shop talked about as option. Lewis stated that to get the
same seating or flexible play rotation a bigger building would be needed.
Steele promoted everyone to call in to Executive Director Paul Nicholson prior to the
meeting at 5:00 on July 13.
Chambers noted that the ambiance will change drastically and Maser added that the
character of the entire town will change with it.
Steele noted she received a letter from National Grant program for funding for a
specific Historic project. Chambers mentioned the Civic Design standards as an
option. Steele requested staff to review the information.
ADJOURNMENT
The meeting was adjourned at 9:48 from a motion by Chambers.
u� {• • #}7 " ASHLAND AIRPORT COMMISSION
June 2, 1999
MINUTES
MEMBERS PRESENT: CHAIRMAN PAUL ROSTYKUS, KENNETH EHLERS, DONALD FITCH, WILLIAM
SKILLMAN, LILLIAN INSLEY, ALAN HASSELL, MARTY JACOBSON, ALAN DEBOER COUNCILOR CAMERON
HANSON STAFF: PAULA BROWN, DAWN CURTIS
MEMBERS ABSENT:
1 . CALL TO ORDER: 12:00 NOON
2. APPROVAL OF MINUTES: MAY 5, 1999; Approved as written.
3. ADDITIONAL AGENDA ITEMS: None.
4. OLD BUSINESS:
A. PENDING PROJECTS
1. Hangar Development
Neuman will be submitting plans at the next meeting. Brown will contact Neuman to
initiate the lease process. The lease will need to be in place before construction begins.
2. Fuel Tank Status
Skinner reported that the fuel tanks possess few problems that he would like to see
rectified. Bergeson/Boese did not supply the nozzles and couplers for the truck, Brown
will look into the contract to see if that was called out, but believes that the fuel supplier
supplies those parts. Skinner said they had supplied them and billed the City for those
parts. His second issue was the volume of the jet fuel flow. The GPM should be 35-50
and it is much slower than that now and the slow flow creates a foam build up which
causes pumping problems. Third, there appears to be a few small leaks in the bottom
load. And fourth, the painting of the ballards has yet to happen. The City will address
the painting issue. They were told to wait until after Airport Appreciation day. Brown will
review the contract to see about the couplers and such. The foaming will need to be
addressed immediately. Part of the problem could be because of the type of nozzle that
was supplied. The nozzles are for automotive pumps not for aeronautic use.
Fitch asked why the retaining wall had not been installed as originally planned. Skinner
commented that the tanks design made the wall unnecessary. DeBoer felt that the tanks
were not capable to handle all leaks, especially if a fitting were to break. Skinner said
that this might not be a problem since the tanks were top loading.
3. Sanitary Sewer Line Update
The SOREDI Grant has been extended through December. Brown will be completing and
sending out Requests for Proposals within the next 4 —b weeks. The easements from the
G:DawnWrpWhAwUune 99.wpd
private property owners have been obtained at a cost of $500 each. Brown will include a
map of where the line will extend in next month's packet.
B. LEGISLATIVE ISSUES
The correspondence supporting the avgas tax increase is included in draft form for approval
from the Airport Commission. Insley asked if the letter could reflect that we will support the bill if
we have assurance that these tax funds will trickle down to the smaller regional airports like
ours. Brown and DeBoer both will attend the Rogue Valley Area Transportation Commission
and will question the status of these two bills. The letter was approved and will be mailed as
printed.
C. MAINTENANCE ISSUES
A leak in the woman's restroom was discovered after the Airport Appreciation Day. Apparently
a the facet located on the wall outside the bathroom sprung a leak. The carpet had to be
professionally cleaned along with the Skinner's office. The cleaners also cleaned the heavy
traffic areas while they were there. City staff repaired the leak.
5. NEW BUSINESS:
A. RENTAL RATE REVIEW
Commission reviewed the draft rate increases. The Commission discussed the rates for the
private land lease hangars and agreed that the rate will remain 16.4¢ per square foot. The rate
for Jack Day is still off and Skinner's lease will need to be worked out with Jill Turner, Director of
Finance. The CPI rate was applied to the land lease hangars, closed hangars and the open
hangars. The open and closed hangars are also subject to further increases that can be applied
and agreed upon by the Commission. Ehlers suggested that we include an additional rate
increase to the open and closed hangars. Commission agreed to increase the rate $5 from last
years rates. The increase will be $3 more than the applied CPI increase.
The Tara Labs and Robert Givens hangars will need to be addressed. Their Certificate of
Occupation was signed in the fall and their rates will need to be retroactive to that date. Staff
will contact both occupants and contact Skinner when the paperwork is finalized so that he can
collect the lease fees. Commission agreed these hangars will also be subjected to rates
according to the square footage of the footprint of their hangars.
Rates will be corrected and finalized for presentation to the City Council on June 16" and Staff
will contact Skinner with the adopted resolution prior to his billing cycle on June 20'h.
Commission will try and agenda next years rates during the March meeting.
B. JACK DAY HANGAR SALE
Jack Day has contacted staff with an offer to sell his interest in the hangar to another party.
Staff has responded to this request and has refused his offer as presented. De Boer stated that
Day has a twenty-five year lease option. He is proposing buying the hangar back to retain
ownership and releasing with an increase in the rate to the .40¢. If the City agreed, it would be
buying a pre-paid lease and that is what he can sell. Scales said there were two things that
could be done, 1) revert lease on the hangar; 2) do we want to refuse, after all the City did
want to own all the Capital Investments at the airport. Rostykus asked if Day could renegotiate
his lease or can he sell his pre-paid lease? Brown stated his renegotiations were already refused
G:DawnN MWinuteAJune 99.wpd
by the City. You can reassign the lease as you want, but sales are not permitted and the lease
changes to an indefinite lease which is unacceptable. This is a City asset and the ultimate
objective is to own all the investments at the airport. This is the way we will finance the
improvements. That is a polity decision for the airport. DeBoer commented that if they want to
sell the hangar, then they need to negotiate at the beginning for a .404 lease where they own
the building with no intent to turn it over to the City. The land lease that Day possess states that
the hangar will be turned over to the City, he does not own the interest in the hangar, the City
does. The Land Lease with option for City to buy is a economical way for the builder to
construct a hangar.
B. DRAFT LEASE FOR REVIEW
Due to the lateness of the meeting, the Commission agreed to place this item on the next
agenda.
6. AIRPORT MANAGER REPORT/FBO REPORT/AIRPORT ASSOCIATION:
A. STATUS OF AIRPORT FINANCIAL REPORT, REVIEW OF SAFETY REPORTS
Skinner reported that the Airport Appreciation Day was a great success! The attendance for the
pancake breakfast was double that of last year.
The airport apron is beginning to disintegrate. We need to start considering funding for asphalt
overlay. Crack sealing may happen as part of the AIP grant.
B. AIRPORT ASSOCIATION REPORT— None.
C. OTHER
7. INFORMATIONAL ITEMS:
A. LETTER OF RESPONSE TO EMIGRANT CREEK HOMESITE
8. OTHER
RUN UP MARKING PROPOSAL
Insley will meet with Skinner to discuss a pavement marking for 3-0 /tie down area which will
keep aircraft parallel to the parked planes. This will keep the prop wash from blowing on the
parked aircraft. Skinner will recruit a group to look at this proposal and will report back next
month with the outcome.
HASSELL PROPERTY ZONING CHANGE
Alan Hassell approached the Commission in regards to his property. He would like to start the
process for rezoning his property for construction of additional housing for his children. His
property has a building moratorium in effect and he would like to see the zoning changed to a
business area. Commission reiterated that the problem with building in the approach zone is
that once the house or property is sold in the future, the new owners may have issue with the
noise and such from the airport.
CAP ANTENNA REQUEST
The Civil Air Patrol hangar is being upgraded to establish the hangar here as a fully capable
mission base for emergency situations. They will need to equip the hangar with additional
antennas and emergency generators. They are requesting permission to install a 130' long
G:DawnWrpWinulesUune 99.wpd
wire antenna. The antenna needs to be positioned as high as practical and as far from a metal
building as possible. Curtis Tidmore, a representative from CAP, proposed to build a antenna
tower 40' from the lower hangar. The antenna will be about 28' high. They will landscape
around the cement base. The antenna would be at the end of the last row of T-hangars at the
south east boundary of the airport by the fence. It will be supported by guy wires, but is self-
supporting and other antennas will be attached to the structure. The antenna will allow more
reception from the Salem office during emergencies. Tidmore would like to know if this request
is feasible. Skinner asked if they would be against installing the antenna on the top of Steve
Gies' hangar. Tidmore said that would be too much feed line to his hangar. Brown suggested
looking at some other options before accepting this.
9. ADJOURN
Meeting was adjourned at 1 :45 PM.
G:Da W TWinutesUune 99.wpd
i
• MINUTES FOR THE SPECIAL STUDY SESSION
ASHLAND CITY COUNCIL
July 21, 1999
CALL TO ORDER
Council Chairperson Laws called the meeting to order at 12:08 p.m. in the Civic Center Council Chambers.
IN ATTENDANCE
Councilors Laws,Reid,Hauck,Wheeldon,Hanson and Fine were present. Staff present included:City Administrator
Mike Freeman, Director of Community Development John McLaughlin, Public Works Director Paula Brown, Mike
Morris,Ann Seltzer,Fire Chief Keith Woodley and Dick Wanderscheid.
I. Update on the Talent,Ashland,Phoenix(TAP)IntertieandRelated Water Master Plan Implementation
Process.
Public Works Director Paula Brown presented update on TAP project and the progress of renegotiating the 1966 TID
water use agreement.
Brown explained that the design for the TAP Intertie Project is now 50%complete and noted the decision to purchase
property for the pumping stations . Noted that the alignment is generally along Hwy 99 and things are going well.
Explained that everything so far is within the $1,220,000 estimate for Ashland's portion of the construction costs.
Stated that the shared extension of 7,500 lineal feet will lower the costs of bringing a separate line to Ashland in the
future. Explained that Ashland is being asked to participate in continuing to up size the line at an approximate shared
cost of$450,000 or 25%of the extended line.
Brown explained that the cost represented to the City of Ashland is 25%which is the proportional share between the
City of Phoenix to Talent of the TAP Project. Confirmed that there has been discussion to defer payment on
incremental charges over a number of years and that the city is only obligated to the 25%as agreed.
Brown noted the complications on renegotiating the 1966 TID Water Use Agreement and how there seems to be various
opinions from different organizations involved. Brown explained to council the role of Talent Irrigation District(TID)
and the Bureau of Reclamation(BOR)and the difficulty involved in determining the early water rights. Explained that
Ashland is asking for a determination on the type of water rights and prefers they be specified as domestic or M&I so
that there is no question regarding use of the water.
Brown noted a question brought up by the Medford Water Commission on,what if the City of Talent decides not to
use its water rights. Stated that Talent has not made a final decision as to how much water they will need for their new
water treatment plant.
Brown requested clarification on the direction of use for the Imperatrice Property. Noted that there were thoughts of
using a portion of the irrigation rights, currently assigned to the Imperatrice property, to irrigate City owned parks.
Also,that there had been discussion of using this water for in-stream beneficial use as a water trust in Bear Creek in
low flow times, which is typically at times when the.irrigation season is over. Stated that this is still being discussed
with TID and the State Water Master and would require BOR approval. Brown stated that a formal letter would be
written requesting a clear understanding and definition on the use of this water.
Councilor Laws voiced his understanding of the original decision made by council. He understood that the option taken,
in regards to water, was made on the basis that by doing spray irrigation,we would obtain land that had water rights.
This then could be used to replace the water that was being taken out of Bear Creek. Commented that the decision to
not take the Medford option, was to retain water on this end of the valley. That replacement water could be obtained
through spray irrigation and water rights from the Imperatice Property. Stated that the assumption has been,is that we
would obtain replacement water. Explained that if you improve the quality of water,but decrease the quantity of water,
you will do just as much damage to fish or more,than if you maintain the quality,but decrease the quantity. Laws stated
City Council Study Session Minutes 07-11-1999 Page I of 5
}
that if we are unable to get replacement water, we will end up spending$23,000,000 to accomplish nothing. Stated
that he believed the councils priority is with replacement water for bear creek.
Council discussed and considered how irrigating the new North Mountain Sports Park would fit into the whole picture
of placing water into Bear Creek.
Council discussion ofthe importance in supporting communities that are trying to change the.O8 phosphorus level with
DEQ, which would only help our community.
Brown provided and requested that the Mayor sign a letter regarding M&I storage allocation to Lost Creek-Elk Creek
Projects in Rogue River Basin. Council agreed, that in the Mayor's absence, Councilor Laws as acting chairperson
could sign the letter.
Brown clarified for council that she would continue with trying to secure the water rights and reallocation on water use
of the TID agreement.
II. Discussion of the City's Economic Development policies.
City Administrator Mike Freeman noted the council communication previously handed out to begin discussion on how
to update the city's economic development policies. Explained that the goal is meant to revise the economic strategy
section of the comprehensive plan and that there is a lot of up front work to analyze what is in the comprehensive plan
now. Would like to look at how things have changed since this document was developed and adopted,along with what
the interests of the council and community maybe at this time. After this is completed,a formal recommendation would
be presented to council and drafting would begin. Freeman explained that the request is to determine direction as to
what the goals and outcome should look like if policy goals are being met.
Community Development Director John McLaughlin confirmed for council that it has been close to nine years since
the plan has been updated. Councilor Reid noted how the current Ashland Fiber Network is not addressed in the
Comprehensive Plan in regards to Economic Plan and adjustments could be done to reflect current projects.
McLaughlin explained that the City's comprehensive plan outlines the City's policies and strategy regarding economic
development and that there is some questions about this policy meeting the existing Council's expectations.
It was suggested that representatives from the high-tech sector and the distribution sector be included in discussion
groups. Councilor Laws stated that it was important that council retain control of a couple of the policies that preclude
any planning. Commented that one of the policies of council,is that we do not subsidize any business or industry. And,
that a second policy is,that we demand a high standard in terms of environmental impact upon the community. Laws
believes that within these policies we could work to simplify the type of information and regulations and make them
clearer.
Freeman explained that the issues noted by Councilor Laws wouldn't be what was being addressed, but that it would
be more of the specifics that are in the comprehensive plan sections regarding goals and direction.
Councilor Fine suggested that the group be asked to discuss strategy rather than policy,as policy is clearly councils
prevue. Councilor Reid noted her concern of putting individuals in a position of feeling empowered. Council
discussion regarding level of perimeters as to what the charge of the committee would be and that to do this would make
it easier for council in accepting recommendations of committee.
Freeman suggested that staff draft out what the charge of this committee would be and bring it back to the council for
approval and clear direction. Councilor Reid suggested that a representative of at-home small business also be a part
of the discussion group. Freeman explained that the decision and discussion as to who will be part of the discussion
group will come back to council for direction at the next council meeting.
City Council Study Session Minutes 07-21-1999 Page 2 of 5
Councilor Wheeldon would like clarified what we currently have available and allow it to be showcased for the
community and businesses. Felt that this would provide a way for the community to see what currently exists before
any changes are made.
III. Discussion of Proposed Process for Downtown Plan update.
Community Development Director John McLaughlin presented update on Downtown Plan. Noted the past and current
downtown planning efforts of 1964, 1966, 1988 and 1999. Explained the key changes involved in these plans.
Noted the success of the downtown planning and how new lots were built to address parking problem,that there were
plaza pedestrian improvements,alley connections, street tree/sidewalk enhancements, and street furniture/amenities.
Noted the encouragement of outdoor seating, reinvestment of businesses and best commercial space.
McLaughlin explained the next steps and the work that needs to be done. Commented that the Chamber of Commerce
had completed a survey from downtown business owners and the survey showed that businesses do not offer employee
incentives for alternative transportation to downtown. Noted that parking is a seasonal problem and that the following
is some steps that will be taken. Parking: 1)parking inventory;2)occupancy study;3)other cities' experiences;4)
employee incentives; 5)financial realities;noted that most recent session conducted by City Aspen and how helpful
that this was and 6)possibility of Park and Ride.
Pedestrian Environment: 1)street crossings and the safety issues surrounding crossings;2)alleys and links to other
areas;3)traffic speeds;and 4)aesthetics. Council discussion regarding scheduling of discussion on transit needs and
that a meeting was scheduled for August 3, 1999 prior to the council meeting at 6 o'clock. Councilor Reid noted that
the study session minutes had not indicated that auto use around school would not be considered.
Transit and Bikes: 1) improved bike parking;2) improved bike route; 3) improved transit stops;and 4)question of
additional transit service.
Deliveries: 1) limited hours; 2) limited locations; 3) maintain current practices; 4) safety impacts; and 5) business
impacts. McLaughlin that there will be a variety of individuals involved in determination of these steps.
McLaughlin explained that the time line for the steps beginning in the Summer of 1999 is as followed: l) continue
inventory work(intem/staff);2)continue coordination with Chamber Parking Committee;3)continue research on other
cities'efforts;and 4)begin coordination with Ashland Downtown Development Association(ADDA). Noted that there
has been discussion to create dialogue with the Downtown Business Association.
Time line for Fall 1999 is as follows: 1) public involvement to establish downtown contacts, prioritize topics, and
schedule city-wide involvement sessions. Noted the success in having block captains.
Time line for early Winter 1999, is as follows: 1)prepare draft plan with public review throughout winter 1999/2000
and revisions/updates for Spring 2000.
Confirmed that the intent is to adopt this plan by Summer 2000 and that the planning action for the Calle will be
incorporated when the design is complete.
IV. Discussion of Draft Budget Committee Charge and Process for FY 2000-2001.
City Administrator Mike Freeman began discussion with council regarding the charge to develop the role and process
for the Budget Committee. Stated that Councilors Hauck and Fine helped with the proposed draft being presented to
council.
Councilor Reid questioned the inclusion of the Park Commission with the City Council when there is only one budget.
Pointed out that there are no Park Commissioners on the Budget Committee. Reid understands that there are no lay
persons that work with the Commissioners when putting together the Parks& Recreation Budget. Councilor Hauck
explained that the Park Commission does develop the budget that is presented to the full Budget Committee.
City Council Study Session Minutes 07-21-1999 Page 3 of 5
f
l
Councilor Fine suggested that, because state law requires there to be an equal number of councilors and non-council
members on the Budget Committee,that one member of the Park Commission be appointed to the Budget Committee
as a public member to assure continuity. Fine stated that the key point being made,is to give a statement to new Budget
Committee members what their role is. That it needs to be made clear for new members, the setting of policy is the
prevue of city council and that the charge of the Budget Committee is to assure that the policies and priorities of the
council, secondarily the Park Commission,are being effected and efficient in the most economic way.
Freeman explained that the Parks&Recreation Department was not initially considered when first drafting the proposal
and that it was included when the Director of Parks& Recreation brought it to his attention. Agreed that the council
is a policy making board, as is the Park Commission and that there should be some sense that they are the policy
makers.
Councilor Reid pointed out that there is no performance review of the Parks & Recreation Department and to her
knowledge the Park Department does not use a review process. Reid stated that the draft, which includes the Park
Commission,requests review of performance of departments. Believes that there is no way of knowing that this has
ever occurred,or ever will occur. Councilor Fine stated that questions regarding justification of how money is spent
was asked of the Parks Director,by Budget Committee members this past budget season and is a review of performance.
Councilor Wheeldon interpreted the Park Commission as being different than a department and that the Park
Commission works with the Parks Department to formulate their budget. Within this process, the commission is
determining the policy and strategic goals of budget that fit to the goals of that department. When this is completed,
it is then presented to the Budget Committee for approval. Wheeldon felt that the oversight regarding the Parks
Department is appropriate,but that there were issues that came up regarding the parks budget this past year. Because
of this,she believes there will be changes as the oversight doesn't seem to be happening.
Councilor Reid feels that there has been some gaps in the past few years in budgeting from the Parks Department.Felt
that it is very difficult for our Budget Committee to look at,when it is presented in total. It is the understanding of
Councilor Reid,that the Parks Department does not review their management and that there is no process to evaluate
their management.
Councilor Laws agreed that there has been loose review of the Parks Department activity in the past by the Park
Commission and believes that this is changing for the following reasons: 1) the Park Commission no longer has the
budget that it wants and will start to feel the pressure of limited resources; and 2) Park Commission will naturally
become more efficient and concerned about performance. Laws commented on the terrific Parks&Recreation program
in the city and believes the commission will internally improve the review process. Laws would like to require through
the budget process,that the Parks Department use the same strategic goal process as the other city departments.
Councilor Fine commented that the Park Commission have currently completed a job description for the Parks Director
and they will also begin yearly performance reviews of the Director.
Councilor Reid pointed out that she was not trying to say anything bad about the Parks Department and that she fully
supports the Parks Department. Councilor Fine felt that the proposed charge will help to accomplish the objective
which has been suggested. Fine stated that if it were put on paper,that this is the charge of the Budget Committee and
that the Parks Department would be reviewed as any other department,the Parks Department will have to prepare their
budget in a manner that would allow it to be reviewed in that fashion.
Councilor Wheeldon requested that there be a greater distinction between the fact that there is a decision making body
which determines policy and that based on that policy,the budget committee determines not if that is policy, but that
carrying out of that policy is efficient in terms of using resources. Felt that there is confusion between policy making
and determining resource allocation. Councilor Hauck stated that the internal performance measurement system is the
process that will be developed in the budget document to help clarify performance standards. Wheeldon felt that what
is missing in the budget process, is the tools to objectively review.
City Council Study Session Minutes 07-21-1999 Page 4 of 5
Fine pointed out suggestion of entire budget committee to meet once for a overview,then two distinct sub-committees
operate at different hours and different days to allow members to attend both sub-committees. Explained that one sub-
committee would deal with the Social Services,CDBG and Economic Development. The second sub-committee would
deal with the Central Services,General Fund and Enterprise Funds. City Administrator Freeman clarified that Social
Services/CDBG is one entity. Fine further explained the scheduling of sub-committee and entire budget committee
meetings.
Councilor Wheeldon commented on the number of meetings being scheduled and felt that there should be a minimum
number of meetings that a budget committee member should attend. Discussion on how presentations for departments
are submitted to the Budget Committee and the amount of time. Wheeldon feels it is important that the Budget
Committee understand what is being presented and Councilor Reid commented on the importance of the audience
understanding what is being presented.
Council consensus,including current suggestions made,that proposal is acceptable and will be brought back to council
with suggested changes at next council meeting for adoption.
V. Other
Councilor Reid questioned a quote from the background information sheet provided to council at the previous council
meeting regarding Fire Station#1. Fire Chief Woodley clarified that the quote was from a document that the Urban
Planning and Associates developed as part of a fire station efficient study. Woodley offered a copy of the report to
Councilor Reid.
Councilor Wheeldon reminded council of her intent to provide a guest editorial with staff and that there has recently
been a number of good editorials regarding the issues. Noted that additional information is being provided by the City
Administrator regarding this issue and that this information should be sent to the Tribune along with the Ashland
Tidings. Councilor Laws reminded council and staff that it is a good idea to respond and use the press in providing
good information.
ADJOURNED
The meeting was adjourned at 2:08 p.m.
Submitted by Barbara Christensen, City Recorder/Treasurer
City Council Sludy Session Minutes 07-11-1999 Page 5 o 5
City of Ashland
PARKS AND RECREATION COMMISSION
SPECIAL MEETING
MINUTES
June 29, 1999
ATTENDANCE:
Present: JoAnne Eggers, Rick Landt, Laurie MacGraw
Absent: Teri Coppedge, Sally Jones
I. CALL TO ORDER Chair Eggers called the meeting to order at 6:55 p.m. at the Justice
Center, E. Main Street.
II. APPROVAL OF BIDS FOR IRRIGATION AND DRAINAGE - N. Mountain Park
Commissioners reviewed a bid tabulation form related to irrigation and drainage work which was to
be done for the N. Mountain Park development project. Director Mickelsen and Superintendent
Gies indicated that the bid, per specifications, from S. O. Underground in the amount of $215,000
was within the budgeted amount for this portion of the project. They recommended that the
Commission accept the bid.
MOTION Commissioner MacGraw made a motion to award the bid Southern Oregon Underground as
recommended. Commissioner Landt seconded.
The vote was: 3 yes - 0 no
III. ADJOURNMENT With no further business, Chair Eggers adjourned the meeting.
Respectfully submitted,
Ann Benedict, Business Manager
Ashland Parks and Recreation Department
City of Ashland
PARKS AND RECREATION COMMISSION
REGULAR MEETING
MINUTES
June 21, 1999
ATTENDANCE:
Present: Sally Jones, Rick Landt, Laurie MacGraw, Council Liaison Don Laws, Director
Ken Mickelsen
Absent: JoAnne Eggers, Teri Coppedge
I. CALL TO ORDER Vice-Chair MacGraw called the meeting to order at 7:00 p.m. at the
Council Chambers, 1175 E. Main.
II. ADDITIONS or DELETIONS TO THE AGENDA None
III. APPROVAL OF MINUTES
A. Regular Meeting - May 17, 1999
Commissioner Landt made a motion to approve the minutes of the May 17, 1999 Regular
Meeting as written. Commissioner Jones seconded.
The vote was: 3 yes - 0 no
B. Special Meeting - May 12, 1999
Commissioner Landt made a motion to approve the minutes of the May 12, 1999 Special
Meeting as written. Commissioner Jones seconded.
The vote was: 3 yes - 0 no
C. Special Meeting - June 1. 1999
Commissioner Landt made a motion to approve the minutes of the June 1, 1999 Special
Meeting as written. Commissioner Jones seconded.
The vote was: 3 yes - 0 no
D. _Special Meeting - June 7, 1999
Commissioner Landt made a motion to approve the minutes of the June 7, 1999 Special
Meeting as written. Commissioner Jones seconded.
The vote was: 3 yes - 0 no
IV. REVIEW OF FINANCES
A. Approval of previous month's disbursements
Commissioner Jones made a motion to approve the previous month's disbursements as
indicated by checks # 25025-25325 in the amount of$231,075.14. Commissioner Landt
seconded.
The vote was: 3 yes - 0 no
Regular Meeting -June 21, 1999 Page 2 of 4
Ashland Parks and Recreation Commission
V. PUBLIC PARTICIPATION
A. Open Forum None
VI. OLD BUSINESS
A. Authorization to use park property on Calle Guanajuato for access ramp to Masonic Building
Commissioners reviewed a memorandum from staff which outlined a request by the owners of
the Masonic Building to utilize a portion of park property on Calle Guanajuato as part of a
ramp/stairway structure which would provide general pedestrian and handicapped access to the
back side of the Masonic Building.
In discussion, it was determined that the ramp itself could be constructed within the owners'
property lines but that the purpose of requesting the five-foot extension onto park property
would be to enhance the appearance and to include steps up to ramp level for easier pedestrian
flow. Primarily the discussion among Commissioners evolved around whether or not it would
be appropriate to commit or assign any additional uses of park property on the Calle to a
specific function just prior to the master design planning process which would be taking place
this summer. However, Commissioners also wanted to indicate their willingness to work with
the property owners related to the design of the ramp which would be located on their property
and possible use of park property if it could be incorporated into the overall design plan for the
entire area.
MOTION Commissioner Landt made a motion to direct staff to work with the owners of the Masonic
Building as part of the public process related to the design planning process for the Calle area
to determine whether or not what is being proposed would work as part of the master plan
which would ultimately be approved by the Commission and Council, and, to direct staff to
work with the owners on the ramp portion of their project. Commissioner Jones seconded.
The vote was: 3 yes - 0 no
VII. NEW BUSINESS
A. Approval of amendment to Foundation Articles of Incorporation
Commissioners reviewed and discussed a proposed amendment to the Articles of Incorporation
for the Ashland Parks Foundation which would change the structure of the Foundations' Board
of Trustees. If the amendment were approved the new structure for the five member board
would be as follows: Three members from the general public, one Commissioner and the Parks
and Recreation Director.
MOTION Commissioner Landt made a motion to approve the First Amendment to the Articles of
Incorporation of the Ashland Parks Foundation and to authorize the Commission Chair to sign
the amendment. Commissioner Jones seconded.
The vote was: 3 yes - 0 no
Regular Meeting -June 21, 1999 Page 3 of 4
.Ashland Parks and Recreation Commission
NEW BUSINESS -continued
B. Placing an electric transformer on Calle Guanajuato
Commissioners reviewed a memorandum dated June 16, 1999 which outlined the need to place
a new electric transformer on the Calle due to the construction project for the Masonic
Building. Essentially, the memorandum indicated that the City was obligated to provide
electricity for the renovation project but that the existing transformer which serves the area is
inadequate. It also outlined the alternatives which had been considered by City and Parks
staff, the building owners, and the City Attorney related to meeting that obligation. Director
Mickelsen indicated that he had strong reservations about doing any type of significant work
on the Calle until the master plan was approved. However, in this circumstance, he believed
that the recommendation which came out of the meetings with the owners to place a temporary
transformer in the area was the best solution at this time.
MOTION Following discussion and considering the City's obligation to provide electricity to the
Masonic project, Commissioner Landt made a motion to grant permission to place a new
transformer on the Calle adjacent to the existing transformer near Rare Earth with the
following stipulations:
1) That placing the transformer at this location is a temporary measure.
2) That the transformer will be relocated at no expense to the Parks and Recreation
Department if the approved master plan for the Calle Restoration Project calls for it to
be moved, and
3) That the Electric Department agrees to these stipulations prior to putting the
transformer in place.
Commissioner Jones seconded.
The vote was: 3 yes - 0 no
C. Extension of lease for nark property on the Calle for IOOF Building
Commissioners reviewed a request from Lloyd Haines, owner of the IOOF Building, to renew
the lease on park property which allows entrance and egress into the Munchies area of the
building. The current lease expires in March 2001 but includes a renewal option for five years
if the Commission and owner can agree on a new lease rate. Mr. Haines was asking that a
new rate be approved, that the agreement be restructured to extend the option agreement to ten
years, and that an additional ten year option be placed on the lease.
In discussion of the request, Commissioner Landt expressed similar reservations to making
commitments related to the Calle area until after the planning process for the area had taken
place. As the current agreement was not due to expire until March 2001, he said that he did
not believe that there was any urgency to take action at this time. Commissioners Jones and
MacGraw concurred.
Regular Meeting-June 21, 1999 Page 4 of 4
Ashland Parks and Recreation Commission '
Request to modify lease for 100F Building-continued
Commissioners also strongly expressed the desire to let Mr. Haines know that their decision
not to act on his request at this time had no bearing on the fact the Commission intended to
remain willing to work with him on the lease and would be willing to address his suggestions
related to the lease agreement at a later date. Commissioners asked staff to continue to work
with Mr. Haines and to encourage him to be involved in the planning process for the Calle
area.
VIII. COMMUNICATIONS and STAFF REPORTS
Director Mickelsen mentioned that the consulting team for the Calle Project had requested a
joint Study Session with the Commission and Council to review preliminary goals and the
public process which would be used for the project. The consultants had indicated that they
believed it was important for the team to open a dialogue with both bodies so that they could
gain additional information related to moving forward on the project. Staff was working to
schedule a meeting for the end of June.
IX. ITEMS FROM COMMISSIONERS
Commissioner Jones said that she and Director Mickelsen have briefly spoken related to
establishing the ad hoc committee related to the Golf Course and that, because she would be
out of town until mid-July, would continue to work on setting up the committee when she was
back in town.
X. UPCOMING MEETING DATES and PROPOSED AGENDA ITEMS
The next Regular Meeting of the Commission would be Monday, July 19, 1999.
XI. ADJOURNMENT With no further business, by consensus, the meeting was adjourned.
Respectfully submitted,
Ann Benedict, Business Manager
Ashland Parks and Recreation Department
City Council Communication
Administration
Ashland Budget Committee Charge
August 3, 1999
Submitted by: Mike Freeman
Approved by: Mike Freeman 0-
Title:
Adoption of the City of Ashland Budget Committee Charge.
Synopsis:
Following the 1999—2000 Budget development process, the Budget Committee was asked to provide
feedback to the staff on what worked well and what did not work well. One of the most important
issues that came from the feedback was the need to better define the role of the Budget Committee
respective to the City Council. In July,the City Council formed a sub-committee to develop a draft
Budget Committee Charge. At its July 22 Study Session, the full City Council reviewed the draft
charge and made some modifications which are reflected in the attached document.
Recommendation:
Staff recommends that City Council move to adopt the Ashland Budget Committee Charge.
Background Information:
The State of Oregon requires local governments to form Budget Committees to promote the efficiency
and economy of public expenditures. The Ashland City Council had developed a charge for the
budget committee that is consistent with State law that clarifies the role of the Budget Committee and
the City Council.
1
City of Ashland Budget Committee Charge
The State of Oregon mandates that all local governments establish Budget
Committees made up of citizen members and elected officials. The purpose of
the Budget Committee in Oregon is to promote efficiency and economy in the
expenditure of public funds.
Consistent with State policy, the Ashland City Council and the Ashland Parks
Commission further has defined the respective roles of the Ashland Budget
Committee and the City Council and Parks Commission in the annual budget
process. As the plenary decision-making body of the City government,the City
Council's role in this process is to establish general fiscal priorities and policies.
More specifically, the City Council and Parks Commission develop long-term
strategic plans and establishes specific goals and priorities for their
organizations. The Budget Committee's role is to help assure that the City's
budget document and fiscal practices address these priorities of the City Council
and Parks Commission. Specifically the Budget Committee will:
► Accept and review the proposed fiscal year budget;
► Review the proposed budget to determine if it meets the policy and
strategic goals of the City Council and Parks Commission;
► Review the performance of departments to determine if they are meeting
the policy and strategic goals of the City Council and Parks Commission
in an effective way;
► Through objective measures of department performance, determine if the
City is efficiently managing and allocating the community's resources;
and
► Recommend an approved budget to the City Council no later than May 1,
2000.
Council Communication
Public Works Department
Vacation of a Portion of Indiana Street
August 3, 1999
Submitted by: Paula Brown
Reviewed by: Paul Nolte
Approved by: Mike Fmcman
Title:
An Ordinance Vacating a Portion of Indiana Street on Property Owned by Southern Oregon
University near Siskiyou Boulevard
Synopsis:
In 1998, the northerly section of Indiana Street was re-constructed and shifted to the west to
align with Wightman Street on the north side of Siskiyou Boulevard (see attached map). The re-
alignment effectively eliminated the previous staggered intersection and provided for a single
four-leg signal controlled intersection. The project was a joint effort of the City of Ashland,
Oregon Department Of Transportation and Southern Oregon University with each entity
contributing financially. By prior agreement the newly aligned street right-of-way is to be
provided by SOU at no charge to the City. The old section of right-of-way is to be vacated to the
benefit of SOU, again at no charge.
A utility easement will be reserved through the vacated right-of-way to protect existing sewer,
water, storm drain and power and communication lines.
Recommendation:
It is recommended that the City Council adopt the attached Ordinance vacating a portion of
Indiana Street.
It is further recommended that upon approval of the ordinance; the vacation ordinance and the
deed for new right of way be presented for recording simultaneously with the vacation ordinance
to be recorded first, with the street deed following.
Background Information:
In the 1970s the re-alignment of the intersection of Indiana Street, Siskiyou Boulevard and
Wightman Street was identified as a crucial project. Preliminary designs showed various
alignments of either Wightman and Indiana being reconfigured. Regardless of the re-alignment
option, it was universally agreed that the staggered 4-leg intersection was awkward, confusing
and unsafe in its present condition.
In June of 1996, an intergovernmental agreement was developed between ODOT, SOU and the
City. It was agreed that each entity would pay approximately $50,000 toward the reconstruction
of the street. MOT and SOU would each pay $50,000 with the City making up the difference.
As a condition of the agreement (copy attached)the City was to transfer to SOU the City's entire
interest in all of the Indiana Street right-of-way
I
G:Paula\Council Communications\CC Indiana Street Vacation Ordinance.doc
which will not be in use following the re-alignment. Likewise, SOU was to provide the land for
the newly re-aligned portion of Indiana Street. There was to be no exchange of monies for this
right-of-way transfer since both parties were receiving roughly equal benefit from the transaction
(see Page 3, Paragraph 4 and Page 5, Paragraph 1 of the attached agreement). The Council
approved this agreement on August 14, 1996.
The original project estimate was $150,000 with a final cost of$170,511. Much of the $20,510
overage was due to the disposal of two abandoned fuel tanks within the new street right-of-way.
Of the $20,511 extra cost, SOU paid over $18,000. If title to the property had been passed prior
to construction, the City would have bom all the additional cost related to the fuel tank removal.
A deed for the new alignment of Indiana Street has been transmitted to SOU for approval and
signatures. The vacation ordinance should not be presented for recording until the street deed
has been signed and received. Please note the special recording instructions under the
recommendation.
G:Paula\Council Communications\CC Indiana Street Vacation Ordinance.doc
EXH2B = 'I' A
L A N D D E S C R I P T I O N
That portion of Indiana Street, now of public record, as
described and as set forth hereinbelow:
Commencing at an iron pipe and bronze disk situated at the
section corner common to Sections 9, 10, 15, and 16, Township 39
South, Range 1 East of the Willamette Base and Meridian, Jackson
County, Oregon and being more particularly described as follows:
THENCE South 89 degrees 40 minutes 31 seconds East along the
section line common to sections 10 and 15 for a distance of
1536 . 12 feet to a point which bears South 01 degree 15 minutes 09
seconds West for a distance of 99 . 935 feet from a set 30 inch long
by 1 inch diameter iron pipe with a 3 inch diameter bronze disk
situated at the intersection of the Southwesterly right of way
line of Siskiyou Boulevard with the relocated centerline of
Indiana Street;
THENCE leaving said section line, North Ol .degrees 15 minutes .
09 seconds East along the Southerly extension of the tangent
section of the relocated centerline of Indiana Street for a
distance of 99.935 feet to a set 30 inch long by 1 inch diameter
iron pipe with a 3 inch diameter bronze disk situated at the
intersection of the Southwesterly right of way line of Siskiyou
Boulevard and the relocated centerline of Indiana Street;
THENCE South 56 degrees 06 minutes 29 seconds East along the
Southwesterly right of way line of Siskiyou Boulevard for a
distance of 96 . 365 feet to an intersection with the Westerly right
of way line of Indiana Street, as the same has been re-surveyed,
as of this date, said point being the TRUE POINT OF BEGINNING:
THENCE leaving said Southwesterly right of way line, South 00
degrees 19 minutes 29 seconds West along said Westerly right of
way line of Indiana Street, as re-surveyed, for a distance of
155.91 feet to a point common to the existing right of
way and the relocated right of way of Indiana Street;
THENCE leaving said Westerly right of way line, South 89
degrees 40 minutes 31 seconds East for a distance of 30.00 feet to
a set 30 inch long by 1 inch diameter iron pipe with a 3 inch
diameter bronze disk situated in the centerline of Indiana Street
at a point that is common to the new relocated and the retraced
centerline of said street;
THENCE continuing South 89 degrees 40 minutes 31 seconds
East for a distance of 30 . 00 feet to a point in the Easterly right
of way line of Indiana Street, as re-surveyed;
THENCE North 00 degrees 19 minutes 29 seconds East along said
Easterly right of way line, as re-surveyed, for a distance of
116 . 095 feet to a point in the Southwesterly right of way line of
Siskiyou Boulevard;
city of Ashland to S.O.U.
Indiana Street R.O.W.
Page 2 ,
THENCE along said Southwesterly right of way line, North 56
degrees 06 minutes 29 seconds West for a distance of 72 . 01 feet to
the point of beginning.
City of Ashland to S.O.U. June 3, 1999
ref: S01462TB.leg
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July 25, 1996 Misc. Contracts & Agreements
No. 14638
AMENDMENT NO. 1
COOPERATIVE IMPROVEMENT AGREEMENT
The State of Oregon, acting by and through its Department of Transportation, hereinafter
referred to as "ODOT', the CITY OF ASHLAND, by and through its Elected Officials,
hereinafter referred to as "CITY"; and STATE OF OREGON, acting by and through its
State Board of Higher Education on behalf of Southern Oregon College, hereinafter referred
to as "COLLEGE" entered into an agreement on June 13, 1996. Said agreement covers the
realignment of Indiana and Wightman Streets intersection with Siskiyou Boulevard.
It has now been determined by ODOT, CITY, and COLLEGE that the agreement
referenced above, shall be amended by this agreement and replaced in its entirety.
WITNESSETH
RECITALS
1. Rogue Valley Highway (Siskiyou Boulevard) is a part of the state highway system
under the jurisdiction and control of the Oregon Transportation Commission, and
Indiana and Wightman Streets are a part of the City Street System, under the
jurisdiction and control of City.
2. By authority granted in ORS 366.770 and 366.775, ODOT may enter into cooperative
agreements with the counties and cities for the performance of work on certain types of
improvement projects with the allocation of costs on terms and conditions mutually
agreeable to the contracting parties.
3. By the authority granted in ORS 190.110 and 283.110, state agencies may enter into
agreements with units of local government or other state agencies for the performance
of any or all functions and activities that a party to the agreement, its officers, or agents
have the authority to perform.
4. College intends to develop the Center for the Visual Arts complex that is to be located
astride Indiana Street on the south side of Rogue Valley Highway (Siskiyou Boulevard).
This development, as well as ongoing concerns about pedestrian safety for students
crossing Siskiyou Boulevard in this vicinity, will require a realignment of Indiana Street
Agreement No. 14638
Ashland/Southem Oregon State College
with Wightman Street at their intersection with Siskiyou Boulevard. The location of the
project is approximately as shown on the sketch map attached hereto, marked Exhibit A,
and by this reference made a part hereof.
5. "Siskiyou Construction Costs" are defined to be the actual cost of construction of the
work within Rogue Valley Highway (Siskiyou Boulevard) right-of-way such as signal
relocation or construction, island removal or replacement, pavement, sidewalk and curb
costs for engineering, surveying, inspection, and construction.
6. Preliminary engineering, construction engineering, and construction costs of the project
shall be financed with $50,000 of ODOT funds for the "Siskiyou Construction Costs"
of the project and $50,000 of College funds. City shall be responsible for any and all
costs of the project which exceed MOT and College combined deposit of$100,000.
7. By the authority granted in ORS 810.210, ODOT is authorized to determine the
character or type of traffic control devices to be used, and to place or erect them upon
State of Oregon highways at places where ODOT deems necessary for the safe and
expeditious control of traffic. No traffic control signals or devices shall be erected or
maintained upon any State of Oregon highway by any authority other than ODOT,
except with its written authorization. Traffic signal work on the project will conform to
the current ODOT standards and specifications.
MOT OBLIGATIONS
1. ODOT shall review City plans and provide actual design of the required directional and
traffic control devices and actual design of changes necessary within the right-of-way of
the Rogue Valley Highway (Siskiyou Boulevard). ODOT shall also provide, to the full
extent possible, the services of ODOT's Traffic Signal Team to assist the City's Electric
Department in the actual relocation and reconstruction of the existing traffic signal
facilities at the Wightman/Rogue Valley Highway(Siskiyou Boulevard) intersection.
2. ODOT shall, upon satisfactory signal tum-on and at its own expense, perform all
required traffic signal maintenance and retain complete jurisdiction and control of the
timing established for operation of the traffic signal.
3. ODOT shall be responsible for the conduit and trenching portion of the traffic signal for
this project, not to exceed ODOT's initial deposit of$50,000.
4. ODOT shall, upon receipt of a fully executed copy of this agreement, forward to City an
advance deposit in the amount of $50,000 to pay for its share of the design and
construction of the "Siskiyou Construction Costs" of the project. Any portion of
2
Agreement No. 14638
Ashland/Southem Oregon State College
the plans for the project. City may request ODOT to arrange for such relocation, acting
on behalf of City and at no additional cost to ODOT.
7. City, by execution of this agreement, consents, as required by ORS 373.030(2) to any
and all changes of grade within the city limits, if any there be, in connection with or
arising out of the project covered by this agreement.
8. City shall, upon completion of the project and at its own expense, provide all power
required for operation of the traffic signal.
9. City shall enter into and execute this agreement during a duly authorized session of its
City Council.
10. City shall set up an expense account for ODOT forces to charge all related expenses for
and up to the maximum amount of$50,000. City shall be responsible for any expenses
above ODOT's deposit of$50,000 and College's deposit of$50,000.
11. Within 30 days following completion of the project, City shall provide College with an
itemized statement of the actual total project costs other than "Siskiyou Construction
Costs." If such project costs are less than $50,000, City shall pay such difference to
College within 30 days. Any portion of College's advance deposit of$50,000 which is
in excess of the project costs will be refunded or released to College within 30 days of
receipt of the itemized statement of the actual total project costs.
12. City, or its consultant, shall obtain and keep in effect during the term of this agreement,
Comprehensive or Commercial General Liability Insurance covering bodily injury and
property damage. This insurance shall include personal injury coverage, contractual
liability coverage for the indemnity provided under this 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 the agreement shall include the
State of Oregon, Department of Transportation and their divisions, officers and
employees, as Additional Insureds but only with respect to City's, or its consultants',
activities to be performed under this agreement.
Before this agreement is executed, City, or its consultant, shall furnish to ODOT a
Certificate of Insurance for the limits set out above, which is to be in force and
applicable to the project.
4
Agreement No. 14638
Ashland/Southem Oregon State College
IT WITNESS WHEREOF, the parties hereto have set their hands and affixed their seals as
of the day and year hereinafter written.
The Oregon Transportation Commission on March 7, 1996 adopted Delegation Order 2,
which grants authority to branch and region managers to approve and execute agreements
for work in the current Statewide Transportation Improvement Program or approved
workplan budget.
APPROVAL RECOMMENDED STATE OF OREGON, by and through its
Dep a Tran portation
By lam^ Y
State Traffic Engineer RegionManager
Date 9l�9rp Date 2
APPROVED AS TO LEGAL THE CITY OF ASHLAND,by and through
SBYFFICJi / its Elected Officials
Asst. Attorney General Mayor Date
Date /� ��°IG By
City Recorder Date
STATE OF OREGON,by and through REVIEWED AS TO CONTENT
the Board of Higher Education on behalf p
of Southern Oregon State College By�/� 8�/l/9t
A�� Dr of Public Works Dat�
By
Dean of Administration/Finance REVIEWED AS TO FORM /
Date 7�00/`14 BY �/^" ly�F/(�{O
City Attorney Date
6
ORDINANCE NO.
AN ORDINANCE FOR THE VACATION OF A PORTION
OF INDIANA STREET ON PROPERTY OWNED BY
SOUTHERN OREGON UNIVERSITY NEAR SISKIYOU
BOULEVARD.
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. On the date specified in section two of this ordinance, the public right-of-
way described on the attached Exhibit A is vacated subject to a reservation of a Public
Utility Easement to protect the existing utility lines located within the vacated right-of-
way. The easement shall be 10.0 feet in width and shall be centered on the center of
the existing utilities.
SECTION 2. The vacation of the right-of-way described in section one of this ordinance
shall become effective immediately prior to the recordation of a deed from the State of
Oregon acting by and through the State Board of Higher Education on behalf of
Southern Oregon University to the City of Ashland dedicating a new right of way for
Indiana Street on property where the vacated Indiana Street is located.
The foregoing ordinance was first READ on the day of 1999,
and duly PASSED and ADOPTED this day of ' 1999.
Barbara Christensen, City Recorder
SIGNED and APPROVED this day of ' 1999.
Catherine M. Shaw, Mayor
5emkewed as to form:
Paul Nolte, City Attor ey
PAGE 1 - ORDINANCE (FAUSEMPAWORDWacation Indiana Street Ord.wpd)
BOYCOTT .1
SKI ASHLAND
Ski Ashland is planning a major expansion into a pristine roadless area and a
potential wilderness area. This is entirely old growth ecosystem and lies
within the one high elevation corridor between the Siskiyous and the
Cascades for wildlife migration.
The development is planned to include 4 to 5 one and a half mile long
clearcuts surrounding the source of Ashland Creek, which eventually flows
through Lithia Park and is the major supply of drinking water to the City of
Ashland. Much of the melting snow is trapped by the bowl at the top of the
mountain, the water travels through underground tubes and is released in
large seepages and wetlands that are throughout the development area. The
proposal cuts directly through and adjacent to many of these wet areas. These
lands are extremely sensitive much like a large sponge at the top of the
stream, they should never be disturbed.
The soils are almost entirely composed of highly erosive decomposed granite.
The City of Ashland has a long history of problems with erosion to our
drinking water reservoir and periodically spends enormous sums of revenue
to remove this sediment. Tree removal will only increase this costly problem.
The development also includes a leach field based waste treatment facility.
approved for 3600 people per day in Ashland's watershed above Ashland
Creek.
IF YOU DO ANYTHING THIS WINTER
DON' T SKI ASHLAND !
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City Council Communication
Administration
YMCA
August 3, 1999
Submitted by: Mike Freeman .
Title:
Discussion regarding the YMCA parking lot.
Synopsis:
About nine months ago, the Board of the YMCA approached the City and Parks Department with a
request to assist in paying for the paving of the portion of the new parking lot adjacent to the joint
YMCA/City multi-purpose fields. In discussions with the Parks Department, I learned that the many
community users of the multi-purpose fields create parking difficulties, particularly on the weekends.
Because these fields are City owned and thousands of community members use them yearly, it
seemed reasonable to commit to helping out with the paving of the parking area that will cost the
City around $17,000 ($10,000 out-of-pocket). This work will be completed the week of July 26,
1999.
2.10. Non-discriminatory Access to Internet Access System. Grantee shall provide non-
discriminatory access to the Grantee's Internet Access System for internet service
providers, whether or not such providers are affiliated with Grantee. Grantee may limit
such access only in terms of requiring such providers to utilize the network and
technological standards developed by Grantee.
P/ CPSL
a
Council Communication
Legal Department
Cable Television Franchise Agreement with AFN
August 3, 1999
Submitted by:VPaul Nolte
Approved by: Mike Freeman
Title:
City of Ashland Cable Television Franchise Agreement with Ashland Fiber Network
Synopsis:
The Ashland Fiber Network Cable Television(AFN CATV) franchise comprehensively
addresses the terms and conditions of the grant to the franchisee including the use of public
streets and rights of way; the fees to be charged the grantee for the use of these rights of way and
the financial control over verifying the fees; clear and favorable requirements for public,
educational and governmental (PEG) access requirements, and complete terms for any violation
or transfer of the franchise. The franchise is granted for five years and AFN CATV is required to
pay 5%of its gross revenue for use of the city's rights of way. The franchise increases the PEG
Access fee from the current $0.60 per subscriber to $.075 per month in the fourth year of the
franchise.
Recommendation:
Staff recommends approval of the franchise agreement which may be adopted by motion of the
council.
Background Information:
The AFN CATV Franchise is the first cable television franchise to be issued in over 15 years in
Ashland. Consequently this franchise requires much more from the franchisee and is far more
comprehensive than the existing franchise for the incumbent cable franchisee. It is intended that
this franchise serve as the model for future cable television franchises or future renewals of the
existing franchise.
(C:\W INDOW S\TEMP\FPANCHI4.W PD)
CABLE TELEVISION SYSTEM FRANCHISE AGREEMENT
Cable Services Franchise Agreement ("agreement") dated August 3, 1999, between the
City of Ashland and Ashland Fiber Network, a division of the City of Ashland
Department of Electric Utilities ("Grantee').
Recitals:
A. AFN is a new cable service provider in the City of Ashland and has requested
a franchise to construct, operate and maintain a cable television system within the City
of Ashland;
B. City is authorized to grant one or more nonexclusive franchises to construct,
operate, and maintain a cable television system within the city limits; and
C. Grantee is willing to accept this agreement and to abide by the terms and
conditions;
City and Grantee agree:
1. Definitions. For the purposes of this agreement, the following terms, phrases, words
and their derivations shall have the meaning set forth below. When not inconsistent with
the context, words used in the present tense include the future, words in the plural
include the singular, and words in the singular include the plural. Words not defined
shall be given their common and ordinary meaning. The word "shall" is always
mandatory and not merely directory.
1.1. Access means the availability for noncommercial use by various agencies,
institutions, organizations, groups and individuals in the community, including City and
its designees, of the Cable System to acquire, create, receive, and distribute video,
Cable Service, and signals as permitted under applicable law, including, but not
limited to:
1.1.1. Public Access which means Access where organizations, groups or
individual members of the general public, on a nondiscriminatory basis, are the
primary users;
1.1.2. Educational Access which means Access where schools and
educational institutions are the primary users of programming and service
1.1.3. Governmental Access which means Access where governmental
institutions are the primary users of programming and service; and
1.1.4. PEG Access which means Public Access, Educational Access, and
Governmental Access, collectively.
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1.2. Access Channel means any Channel, or portion of any Channel,
designated for non-commercial Access purposes or otherwise made available to
facilitate or transmit Access programming or service.
1.3. Basic Service means any service tier which includes the retransmission of
local television broadcast signals and PEG Access Channels.
1.4. Cable Acts means the Cable Communications Policy Act of 1984 and the
Cable Television Consumer Protection and Competition Act of 1992 and any
amendments, including those contained in the Telecommunications Act of 1996.
1.5. Cable Operator means any Person or group of Persons, including Grantee,
who provide Cable Service over a Cable System and directly owns a significant interest
in such Cable System, or who otherwise control or are responsible for, through any
arrangement, the management and operation of such a Cable System.
1.6. Cable Service means the one-way transmission to Subscribers of video
programming or other programming service and Subscriber interaction, if any, which is
required for the selection or use of such video programming or other programming
service.
1.7. Cable System means a facility, consisting of a set of closed transmission
paths and associated signal generation, reception, and control equipment that is
designed to provide Cable Service which includes video programming and which is
provided to multiple Subscribers within a community, but such term does not include (1)
a facility that serves only to retransmit the television signals of one or more television
broadcast stations; (2) a facility that serves Subscribers without using any public
right-of-way; (3) a facility of a common carrier which is subject, in whole or in part, to the
provisions of Title II of the federal Communications Act (47 U.S.C. 201 et seq.), except
that such facility shall be considered a Cable System (other than for purposes of
Section 621(c) (47 U.S.C. 541(c)) to the extent such facility is used in the transmission
of video programming directly to Subscribers, unless the extent of such use is solely to
provide interactive on-demand service; (4) an open video system that complies with
federal statutes; or (5) any facilities of any electric utility used solely for operating its
electric utility systems.
1.8. Channel means a portion of the electromagnetic frequency spectrum which
is used in a cable system and which is capable of delivering video signal whether in an
analog or digital format. This definition does not restrict the use of any channel to the
transmission of analog video signals.
1.9. Downstream means the transmission from the Headend to remote points
on the Cable System.
1.10. FCC means the Federal Communications Commission.
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1.11. Franchise Area means the area within the city limits of Ashland as they
now exist or as they may be amended in the future.
1.12. Gross Revenues means all revenues of Grantee, or any operator of the
Cable System, in any way derived from the operation of the Cable System to provide
Cable Services in the Agreement Area. Gross Revenues include, by way of illustration
and not limitation, monthly fees charged Subscribers for any Basic, optional, premium,
per-channel, or per-program service; installation, disconnection, reconnection, and
change-in-service fees; leased channel fees; late fees and administrative fees;
revenues received from programmers for carriage of programming on the Cable
System; revenues from rentals or sales of converters or other equipment; advertising
sales revenues; revenues from program guides; and revenues from home shopping
channels. The term "Gross Revenues' encompasses any and all revenue of any kind,
form or nature except that the term does not include sales taxes imposed by law on
Subscribers that the Grantee is obligated to collect. With the exception of recovered
bad debt, "Gross Revenues' shall not include bad debt.
1.13. Headend means a facility for signal reception and dissemination on a
Cable System, including cables, antennas, wires, satellite dishes, monitors, switches,
modulators, processors and all other related equipment and facilities.
1.14. Interconnection means the provision by Grantee of technical, engineering,
physical, and all other necessary components to maintain a physical linking of
Grantee's Cable System and Cable Service or any designated Channel or signal
pathway with neighboring Cable Systems, so that Cable Service of technically adequate
quality may be sent to, and received from, other systems in accordance with this
agreement.
1.15. Leased Access means the use of Channel capacity designated for
commercial use by Persons unaffiliated with Grantee as defined in Section 612 of the
Cable Act.
1.16. Origination Point means a location where Public, Educational, or
Governmental use programming is delivered to the Grantee for Upstream transmission.
1.17. Person means any individual, natural Person, sole proprietorship,
partnership, association, or corporation, or any other form of entity or organization.
1.18. Public Rights of Way include, but are not limited to, streets, roads,
highways, bridges, alleys, sidewalks, trails, paths, public utility easements, and all other
public ways, including the subsurface under and air space over these areas, excluding
parks and parkways, but only to the extent of City's right, title, interest, or authority to
grant a franchise to occupy and use such streets and easements for a Cable System
and only to the extent that sufficient capacity exists for a Cable System. "Public rights of
way" shall also include any easement granted to or owned by City or County and
acquired, established, dedicated, or devoted for public utility purposes.
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1.19. Quarterl , or quarter, means the standard calendar periods of January 1 —
March 31, April 1 — June 30, July 1 — September 30, and October 1 — December 31,
unless otherwise specified in this agreement.
1.20. RVTV means Rogue Valley Community Television as administered by the
Extended Campus Program of Southern Oregon University.
1.21. School means any accredited educational institution, public or private,
including, but not limited to, primary and secondary schools, and colleges and
universities.
1.22. Street means each of the following which have been dedicated to the
public, or which may be dedicated to the public in the future, and maintained under
public authority or by others and located within the Franchise Area: Streets, roadways,
highways, avenues, lanes, alleys, sidewalks, easements, rights-of-way and other public
ways.
1.23. Subscriber means any Person who elects to subscribe to, for any
purpose, Cable Service provided by Grantee by means of, or in connection with, the
Cable System, and whose premises are physically wired and lawfully activated to
receive Cable Service from Grantee's Cable System.
1.23.1. Commercial Subscriber means any Subscriber other than a
Residential Subscriber.
1.23.2. Residential Subscriber means any Person who contracts
individually for Cable Service to a residence, whether that residence is a single
family unit or located in a multiple dwelling unit.
1.24. Telecommunications, Telecommunications Facilities and
Telecommunications Services have the same meaning as set forth in Ashland
Municipal Code Title 16.
1.25. Upstream means the carrying of a transmission to the Headend from
remote points on the Cable System.
2. Grant of Franchise.
2.1 Grant.
2.1.1. City grants to Grantee in the public interest a nonexclusive and
revocable authorization to make lawful use of the Streets and Public Rights of
Way within the Franchise Area to construct, operate, maintain, reconstruct, and
repair a Cable System for the purpose of providing Cable Services.
2.1.2. This agreement is intended to convey limited rights and interests
only as to those Streets and Public Rights of Way, in which the City has an
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actual interest. It is not a warranty of title or interest in any right-of-way, it does
not provide the Grantee any interest in any particular location within the right-of-
way, and it does not confer rights other than as expressly provided in this
agreement. This agreement does not deprive the City of any powers, rights, or
privileges it now has, or may acquire in the future, to use, perform work on, or
regulate the use and control of the City's Streets covered by this agreement,
including without limitation, the right to perform work on its roadways, rights-of-
way, or appurtenant drainage facilities, including constructing, altering, paving,
widening, grading, or excavating.
2.1.3. This agreement is subject to the general lawful police power of City
affecting matters of local government concern and not merely existing
contractual rights of Grantee. Nothing in this agreement shall be deemed to
waive the requirements of the other codes and ordinances of general
applicability enacted, or which may be enacted in the future, by City.
2.1.4. This agreement authorizes Grantee to engage in providing Cable
Service, as that term is defined in 47 U.S.C. Sec. 522(6) as amended. This
agreement shall not be interpreted to prevent the City from imposing lawful
additional conditions, including additional compensation conditions for use of the
rights-of-way should Grantee provide service other than Cable Service. Nothing
in this agreement shall be interpreted to prevent Grantee from challenging the
lawfulness or enforceability of any provisions of applicable law.
2.1.5. Grantee promises and guarantees as a condition of exercising the
privileges granted by this agreement, that any joint venture or partner of the
Grantee directly involved in the offering of Cable Service in the Franchise Area,
or directly involved in the management or operation of the Cable System in the
Franchise Area, will also comply with the terms and conditions of this agreement.
2.2. Use of Public Streets And Ways. Subject to City's supervision and control,
Grantee may erect, install, construct, repair, replace, reconstruct, and retain in, on,
over, under, upon, across, and along the public Streets, including rights-of-way and
public utility easements within the Franchise Area, such wires, cables, conductors,
ducts, conduits, vaults, amplifiers, pedestals, attachments, and other property and
equipment as are necessary and appurtenant to the operation of a Cable System for
the provision of Cable Service within the Franchise Area. Grantee shall comply with all
applicable construction codes, laws, ordinances, regulations and procedures now in
effect or enacted in the future, and must obtain any and all necessary permits from the
appropriate agencies of City prior to commencing any construction activities. Grantee,
through this agreement, is granted extensive and valuable rights to operate its Cable
System for profit using City's public rights-of-way and public utility easements within the
Franchise Area in compliance with all applicable City construction codes and
procedures. As trustee for the public, City is entitled to fair compensation to be paid for
these valuable rights throughout the term of this agreement.
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2.3. Duration. The term of this agreement and all rights, privileges, obligations,
and restrictions pertaining to this agreement shall be from the effective date of this
agreement through July 31, 2004, unless extended or terminated sooner as provided
below.
2.4. Effective Date. The effective date of this agreement shall be
September 1, 1999, unless Grantee fails to file an unconditional written acceptance of
this agreement and post any required bond or deposit by August 31, 1999. In either
event, this agreement shall be null and void, and any and all rights of Grantee to own or
operate a Cable System within the Franchise Area under this agreement shall be of no
force or effect.
2.5. Franchise Nonexclusive. This agreement shall be nonexclusive, and is
subject to all prior rights, interests, agreements, permits, easements or licenses granted
by City to any Person to use any street, right-of-way, easements not otherwise
restricted, or property for any purpose whatsoever, including the right of City to use
same for any purpose it deems fit, including the same or similar purposes allowed
Grantee. City may, at any time, grant authorization to use the public rights-of-way for
any purpose not incompatible with Grantee's authority under this agreement, and for
such additional Franchises for Cable Systems as City deems appropriate, upon
substantially equivalent terms and conditions to those contained in this agreement as
City deems appropriate.
2.6. Grant of Other Franchises.
2.6.1. In the event the City enters into a franchise or other agreement of
any kind with any other Person or entity other than the Grantee to enter into the
City's public ways for the purpose of constructing or operating a Cable System,
or providing Cable Service to any part of the Service Area in which the Grantee
is actually providing Cable Service under the terms and conditions of this
agreement, or is required to extend Cable Service under the provisions of
section 11.2, 11.2, the material provisions of such other franchise or agreement
shall be reasonably comparable to those contained in this agreement, in order
that one operator not be granted an unfair competitive advantage over another.
2.6.2. If City grants a Franchise to a third party for service to an area that
Grantee is not actually serving or required to extend service to, and which has
material provisions that are not reasonably comparable to those contained in this
agreement, City shall offer Grantee a franchise to serve the same area under
terms and conditions that are reasonably comparable to those set forth in the
franchise agreement entered into with the third party.
2.7. Police Powers. Grantee's rights under this agreement are subject to the
lawful police powers of City to adopt and enforce ordinances necessary to the safety,
health, and welfare of the general public and Grantee agrees to comply with all
applicable laws and ordinances enacted, or enacted in the future, by City or any other
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legally-constituted governmental unit having lawful jurisdiction over the subject matter of
the enactment.
2.8. Relations to Other Provisions of Law. This agreement and all rights and
privileges granted under it are subject to, and the Grantee must exercise all rights in
accordance with, applicable law as amended over the Franchise term. This agreement
is a contract, subject to the City's exercise of its police and other regulatory powers and
such applicable law. This agreement does not confer rights or immunities upon the
Grantee other than as expressly provided in the agreement. In cases of conflict
between this agreement and any ordinance of general application enacted pursuant to
the City's police power, the ordinance shall govern. Nothing in this agreement, however,
shall be interpreted to prevent Grantee from challenging the lawfulness or enforceability
of any provision of applicable law. The Franchise issued and the Franchise fee paid are
not in lieu of any other required permit, authorization, fee, charge, or tax, unless
expressly stated in this agreement.
2.8.1. Without limiting the foregoing, by way of example and not limitation, this
agreement shall not include or be a substitute for:
2.8.1.1. Any other permit or authorization required for the privilege of
transacting and carrying on a business within the City that may be required by
the ordinances and laws of the City.
2.8.1.2. Any permit, agreement or authorization required in connection
with operations on or in public streets or property, including by way of example
and not limitation, street cut permits; or
2.8.1.3. Any permits or agreements for occupying any other property of
the City or private entities to which access is not specifically granted by this
Agreement including, without limitation, permits and agreements for placing
devices on or in poles, conduits, other structures, or railroad easements, whether
owned by the City or a private entity.
2.8.2. This agreement does not authorize Grantee to provide
Telecommunications Services, or to construct, operate or maintain Telecommunications
Facilities. This Agreement is not a bar to imposition of any conditions on Grantee with
respect to Telecommunications, whether similar, different or the same as conditions
specified herein. This Agreement does not relieve Grantee of its obligations to obtain an
authorization to provide Telecommunications Services, or to construct, operate or
maintain Telecommunications Facilities, or relieve Grantee of its obligation to comply
with any such authorizations.
2.9. Effect of Acceptance. By accepting the agreement the Grantee: (1)
acknowledges and accepts the City's legal right to issue and enforce the agreement; (2)
agrees that it will not oppose the City's intervening or other participation in any
proceeding affecting the Cable System; (3) accepts and agrees to comply with each
and every provision of this agreement; and (4) agrees that the agreement was granted
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pursuant to processes and procedures consistent with applicable law, and that it will not
raise any claim to the contrary.
3. FRANCHISE FEE AND FINANCIAL CONTROLS.
3.1. Franchise Fees. As compensation for the benefits and privileges granted
under this agreement, and in consideration of permission to use City's Streets, Grantee
shall pay as a Franchise fee to City, throughout the duration of this agreement, an
amount equal to five percent of Grantee's Gross Revenues including the franchise fee
itself, derived from the operation of the Cable System to provide Cable Service in the
Franchise Area. Accrual of such Franchise fees shall commence as of the effective
date of this agreement. The Franchise fees are in addition to all other fees,
assessments, taxes, or payments of general applicability that the Grantee may be
required to pay under any federal, state, or local law to the extent not inconsistent with
applicable law. This agreement and the Franchise fees are not in lieu of any other
generally applicable required permit, authorization, fee, charge, or tax.
In the event any law or valid rule or regulation applicable to this franchise limits
franchise fees below the five percent of gross revenues, the Grantee agrees to and
shall pay the maximum permissible amount and, if such law or valid rule or regulation is
later repealed or amended to allow a higher permissible amount, then the Grantee shall
pay the higher amount up to the maximum allowable by law, not to exceed five percent
during all affected time periods.
3.2. Payments. Grantee's Franchise fee payments to City shall be computed
quarterly. Each quarterly payment shall be due and made available to City no later than
30 days after the last day of the preceding quarter.
3.3. Acceptance of Payment and Recomputation. No acceptance of any
payment shall be construed as an accord by City that the amount paid is, in fact, the
correct amount, nor shall any acceptance of payments be construed as a release of any
claim City may have for further or additional sums payable or for the performance of
any other obligation of Grantee.
3.4. Quarterly Franchise Fee Reports. Each payment shall be accompanied by
a written report to City containing an accurate statement in summarized form, as well as
in detail, and in a form approved by City, of Grantee's Gross Revenues and the
computation of the payment amount.
3.5. Annual Franchise Fee Reports. Grantee shall, no later than 180 days after
the end of each calendar year, furnish to City a statement (Audited Gross Receipts
Report) stating the total amount of Gross Revenues and all payments, deductions, and
computations for the period covered by the payments.
3.6. Audits/reviews. On an annual basis, no more frequently than every 12
months, upon 30 days prior written notice, City shall have the right to conduct an
independent audit or review of Grantee's records reasonably related to the
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administration or enforcement of this agreement, in accordance with generally accepted
accounting principles. For purposes of this section, records reasonably related to the
administration and enforcement of this agreement include those financial records
pertaining to the number and location of cable customers within City's Urban Growth
Boundary. The City may hire an independent certified public accountant to audit or
review the Grantee's financial records, in which case the Grantee shall provide all
necessary records to the certified public accountant. All such records shall be made
available in the local offices of the Grantee. If the audit or review shows that Franchise
fees have been underpaid by 3% or more, Grantee shall reimburse to City the total cost
of the audit or review and the underpayment plus interest, at the rate specified in
section 3.7 within 30 days of the City's written demand for same.
Records for audittreview purposes shall include without limitation:
3.6.1. Source documents, which demonstrate the original or beginning
amount, and the final amount shown on any report related to or included in the
determination of franchise fees, revenues or expenses.
3.6.2. Source documents that completely explain any and all calculations
related to any allocation of any amounts involving franchise fees, revenues, or
expenses.
3.6.3. Any and all accounting schedules, statements, and any other form
of representation, which relate to, account for, or support or correlate to any
accounts involving franchise fees, revenues or expenses.
3.7. Interest on Late Payments. In the event that a franchise fee payment or
other sum is not received by the City on or before the due date, or is underpaid, the
Grantee shall pay in addition to the payment, or sum due, interest from the due date at
a rate equal to the legal interest rate on judgments in the State of Oregon.
3.8. Alternative Remedies. If any section, subsection, paragraph, term, or
provision of this Franchise agreement or any ordinance, law, or document incorporated
by reference is held by a court of competent jurisdiction to be invalid, unconstitutional,
or unenforceable, such holding shall be confined in its operation to the section,
subsection, paragraph, term, or provision directly involved in the controversy in which
such holding shall have been rendered, and shall not in any way affect the validity of
any other section, subsection, paragraph, term, or provision. Under such a
circumstance the Grantee shall, upon the City's request, meet and confer with the City
to consider amendments to the Franchise agreement. The purpose of the amendments
shall be to place the parties, as nearly as possible, in the position that they were in prior
to such determination, consistent with applicable law. In the event the parties are
unable to agree to a modification of this agreement within 60 days either party may (1)
seek appropriate legal remedies to amend the agreement, or (2) shorten the agreement
to 36 months, at which point either party may invoke the renewal procedures under 47
U.S.C. Subsection 546. Each party agrees to participate in up to 16 hours of negotiation
during the 60 day period.
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3.9. Additional Commitments Not Franchise Fees. No term or condition in this
agreement shall in any way modify or affect Grantee's obligation to pay Franchise fees
to City. Although the total sum of Franchise fee payments and additional commitments
set forth elsewhere in this agreement may total more than 5% of Grantee's Gross
Revenues in any 12-month period, Grantee agrees that the additional commitments are
not Franchise fees as defined under any federal law, to the extent not inconsistent with
applicable federal law, nor are they to be offset or credited against any Franchise fee
payments due to City.
3.10. Costs of Publication. Grantee shall pay the reasonable cost of newspaper
notices and publication pertaining to this agreement, and any amendments, including
changes in control or transfers of ownership, as such notice or publication is reasonably
required by City or applicable law.
3.11. Tax Liability. Payment of the Franchise fees under this agreement shall
not exempt Grantee from the payment of any generally applicable license, permit fee or
other generally applicable fee, tax or charge on the business, occupation, property or
income of Grantee that may be imposed by City.
3.12. Payment on Termination. If this agreement terminates for any reason, the
Grantee shall file with the City within 90 calendar days of the date of the termination, a
financial statement, certified by an independent certified public accountant, showing the
Gross Revenues received by the Grantee since the end of the previous fiscal year. The
City reserves the right to satisfy any remaining financial obligations of the Grantee to
the City by utilizing the funds available in a Letter of Credit or other security provided by
the Grantee.
4. ADMINISTRATION AND REGULATION
4.1. Authority. City is vested with the power and right to regulate the exercise of
the privileges permitted by this agreement in the public interest, or to delegate that
power and right to the extent permitted under state and local law, to any agent, in its
sole discretion.
4.2. Rates and Charges. All of Grantee's rates and charges related to or
regarding Cable Service shall be subject to regulation by City to the full extent
authorized by applicable federal, state and local laws.
4.3. Rate Discrimination. All of Grantee's rates and charges shall be published
and shall be nondiscriminatory as to all Persons and organizations of similar classes,
under similar circumstances and conditions. Grantee shall apply its rates in accordance
with governing law, with similar rates and charges for all Subscribers receiving similar
Cable Service, without regard to race, color, familial, ethnic or national origin, religion,
age, sex, sexual orientation, marital, military or economic status, or physical or mental
disability, or geographic location in the Franchise Area. Grantee shall provide equivalent
Cable Service to all Residential Subscribers at similar rates and to Commercial
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Subscribers as authorized by applicable laws. Nothing in this section shall be construed
to prohibit:
4.3.1. The temporary reduction or waiving of rates or charges in
conjunction with valid promotional campaigns;
4.3.2. The offering of reasonable discounts to senior citizens or
economically disadvantaged citizens;
4.3.3. Grantee from establishing different and nondiscriminatory rates and
charges for commercial customers, as well as different nondiscriminatory
monthly rates for commercial customers as allowable by federal law and
regulations; or
4.3.4. Grantee from establishing different and nondiscriminatory rates and
charges for Residential Subscribers as allowable by federal law and regulations.
4.4. Filing of Rates and Charges. Throughout the term of this agreement,
Grantee shall maintain on file with City a complete schedule of applicable rates and
charges for Cable Service provided under this agreement. Nothing in this subsection
shall be construed to require Grantee to file rates and charges under temporary
reductions or waivers of rates and charges in conjunction with promotional campaigns,
and rates for multiple dwelling units.
Grantee shall provide upon request from City a complete schedule of current
rates and charges for any and all Leased Access provided by Grantee. The schedule
shall include a description of the price, terms and conditions established by Grantee for
Leased Access.
4.5. Time Limits Strictly Construed. Whenever this agreement sets forth a time
for any act to be performed by Grantee, such time shall be deemed to be of the
essence, and any failure of Grantee to perform within the allotted time may be
considered a material violation of this agreement and sufficient grounds for City to
invoke any relevant provision of this agreement. However, in the event that Grantee is
prevented or delayed in the performance of any of its obligations under this agreement
by reason of a force majeure occurrence, such as acts of God (for example, floods,
tornadoes, earthquakes or unusually severe weather conditions), Grantee's
performance shall be excused during the force majeure occurrence. After such
occurrence Grantee shall promptly perform the affected obligations under this
agreement or procure a substitute for performance which is satisfactory to City. Grantee
shall not be excused by mere economic hardship nor by misfeasance or malfeasance
of its directors, officers, employees, or duly authorized agents.
5. INDEMNIFICATION. Grantee shall, at its sole cost and expense, indemnify, hold
harmless, and defend the City and its officers, boards, commissions, duly authorized
agents, and employees against any and all claims, including, but not limited to, third
party claims, suits, causes of action, proceedings, and judgments for damages or
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equitable relief, to the extent such liability arises out of or through the acts or omissions
of the Grantee arising out of the construction, operation or repair of its Cable System
regardless of whether the act or omission complained of is authorized, allowed, or
prohibited by this agreement, provided, however, the Grantee will not be obligated to
indemnify City should City intervene in any proceeding regarding the grant of this
agreement pursuant to section 7. Without limiting in any way the Grantee's obligation to
indemnify the City and its officers, boards, commissions, duly authorized agents, and
employees, as set forth above, this indemnity provision also includes damages and
liabilities such as:
5.1. To persons or property, to the extent such liability arises out of or through
the acts or omissions of the Grantee, its contractors, subcontractors, and
their officers, employees, or duly authorized agents, or to which the Grantee's
negligence or fault shall in any way contribute;
5.2. Arising out of any claim for invasion of the right of privacy; for defamation
of any Person, firm or corporation; for the violation or infringement of any
copyright, trademark, trade name, service mark, or patent; for a failure by the
Grantee to secure consents from the owners or authorized distributors of
programs to be delivered by the Cable System; or for violation of any other
right of any Person, to the extent such liability arises out of or through the
acts or omissions of the Grantee, provided, however, that Grantee will not be
required to indemnify City for any claims arising out of use of PEG Access
Channels by City or RVTV;
5.3. Arising out of Grantee's failure to comply with the provisions of any federal,
state or local statute, ordinance, rule or regulation applicable to the Grantee with
respect to any aspect of its business to which this agreement applies, to the
extent such liability arises out of or through the acts or omissions of the Grantee;
and
5.4. Arising from any third party suit, action or litigation, whether brought by a
competitor to Grantee or by any other Person or entity, to the extent such liability
arises out of or through the acts or omissions of the Grantee, whether such
Person or entity does or does not have standing to bring such suit, action or
litigation if such action (1) challenges the authority of the City to issue this
agreement to Grantee; or (2) alleges that, in issuing this agreement to Grantee,
the City has acted in a disparate or discriminatory manner.
5.5. The City shall give the Grantee timely written notice of any claim or of the
commencement of any action, suit or other proceeding covered by the indemnity
obligation in this Section. In the event any such claim arises, the City or any
other indemnified party shall tender the defense to the Grantee and the Grantee
shall have the obligation and duty to defend, settle or compromise any claims
arising from the claim, and the City shall cooperate fully. Grantee shall accept or
decline the tender within 30 days. Grantee shall reimburse reasonable attorney
fees and costs incurred by the City during the 30 day period in which the Grantee
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accepts or declines tender. In the event that the Grantee declines defense of the
claim in violation of section 11, the City may defend such claim and seek
recovery from Grantee its expenses for reasonable attorney fees and
disbursements, including expert witness fees, incurred by City for defense and in
seeking such recovery.
6. CUSTOMER SERVICE. Grantee shall render efficient service, make repairs promptly
and interrupt service only for good cause and for the shortest time possible. Such
interruptions, insofar as possible, shall be preceded by notice to subscribers affected
and occur during periods of minimum use.
7. REPORTS AND RECORDS.
7.1. Open Records.
7.1.1. Grantee shall manage all of its operations in accordance with a
policy of keeping its documents and records open and accessible to City. City
shall have access to, and the right to inspect, any books and records of Grantee.
Grantee shall not deny City access to any of Grantee's records on the basis that
Grantee's records are under the control of any parent corporation, affiliated entity
or a third party. City may, in writing, request copies of any such records or books
and Grantee shall provide such copies within ten business days of the transmittal
of such request. If the requested books and records are too voluminous, or for
security reasons cannot be copied or removed, then Grantee may request, in
writing within ten business days, that City inspect them at one of Grantee's local
area offices. If any books or records of Grantee are not kept in a local office,
Grantee will provide or otherwise make such documents available for inspection
and review at the local office within ten business days.
7.1.2. Grantee shall at all times maintain and allow City, with reasonable
notice, access and the right to review a full and complete set of plans, records
and "as built" maps showing the exact location of all Cable System equipment
installed or in use in the Franchise Area, exclusive of electronics, Subscriber
drops and equipment provided in Subscribers' homes. These maps shall include
computer maps and shall be maintained in a standard format and medium
specified by the city, in sufficient detail to agreed upon by the City and the
Grantee. City's review of the plans, records, and as-built maps, shall occur at the
Grantee's local office, or, if the Grantee has no office within the city, then at a
location within the city specified by the City.
7.1.3. The ability for City to obtain records and information from Grantee
is critical to the administration of this agreement. Grantee's failure to comply with
the requirements of this section may result in fines as prescribed in section .
7.2. Confidentiality. Subject to the limits of the Oregon Public Records Law, City
agrees to treat as confidential any books and records that constitute proprietary or
confidential information under federal or state law, to the extent Grantee makes City
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C„ r
aware of such confidentiality. Grantee shall be responsible for clearly and
conspicuously stamping the word "Confidential" on each page that contains confidential
or proprietary information, and shall provide a brief written explanation as to why such
information is confidential under state or federal law. If City believes it must release any
such confidential books and records in the course of enforcing this agreement, or for
any other reason, it shall advise Grantee in advance so that Grantee may take
appropriate steps to protect its interests. If City receives a demand from any Person for
disclosure of any information designated by Grantee as confidential, City shall, so far as
consistent with applicable law, advise Grantee and provide Grantee with a copy of any
written request by the party demanding access to such information within a reasonable
time. Until otherwise ordered by a court or agency of competent jurisdiction, City agrees
that, to the extent permitted by state and federal law, it shall deny access to any of
Grantee's books and records marked confidential as set forth above to any Person.
7.3. Copies of Federal and State Documents. Grantee shall submit to City a
list, or copies of actual documents, of all pleadings, applications, notifications,
communications and documents of any kind, submitted by Grantee or its parent
corporations or affiliates to any federal, state or local courts; regulatory agencies or
other government bodies if such documents specifically relate to the operations of
Grantee's Cable System within the Franchise Area. Grantee shall submit such list or
documents to City no later than 30 days after their filing, mailing or publication. Grantee
shall not claim confidential, privileged or proprietary rights to such documents unless
under federal, state, or local law such documents have been determined to be
confidential by a court of competent jurisdiction, or by a federal or state agency. To the
extent allowed by law, any such confidential material determined to be exempt from
public disclosure shall be retained in confidence by City and its duly authorized agents
and shall not be made available for public inspection.
7.4. Inspection of Facilities. City may inspect upon request any of Grantee's
facilities and equipment to confirm performance under this agreement at any time upon
at least 24 hours notice, or, in case of an emergency, upon demand without prior
notice.
7.5. False Statements. Any intentional false or misleading statement or
representation in any report required by this agreement may be deemed a material
violation of this agreement and may subject Grantee to all remedies, legal or equitable,
which are available to City under this agreement or otherwise.
7.6. Report Expense. All reports and records required under this or any other
Section shall be furnished, without cost, to City.
8. PUBLIC, EDUCATIONAL AND GOVERNMENTAL (PEG) ACCESS.
8.1. General Definitions. With respect to purposes of this section, the following
definitions will apply with respect to PEG use of the Cable System.
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8.1.1. "Access Channel" means any Channel, or portion of any Channel,
designated for non-commercial Access purposes or otherwise made available to
facilitate or transmit Access programming or service. Each Access Channel shall
be six MHz and must be capable of transmitting a standard analog video signal.
The capacity can be used to transmit non-commercial signals in any format, and
can be used to transmit: audio only, video, or other information (including, by
way of example and not limitation, secondary audio, text, digital information,
high-definition signals, and compressed signals.) A non-standard NTSC use
shall be subject to the Grantee's prompt prior review and approval to ensure that
the use will not cause unreasonable technical interference with other Channels.
Such uses must be in furtherance of PEG uses. Additionally, there shall not be
commercial use or lease of such PEG capacity without the express written
permission of the Grantee.
8.1.2. "Digital Access Channel", as used in this Section, means a Channel
carrying PEG continuous full-motion video programming in a digital format.
Digital Access Channels shall have the same compression ratio and
transmission quality as is used to carry any of the commercial Channels that
deliver programming to the City in a similar format for delivery to each
Subscriber.
8.1.3. "Origination Point" means a location, where PEG programming is
delivered to the Grantee for Upstream transmission.
8.2. Management And Control of Access Channels.
8.2.1. City may authorize RVTV to control and manage the use of any and
all Access Facilities provided by Grantee under this agreement, including,
without limitation, the operation of Access Channels. To the extent of such
designation by City, as between RVTV and Grantee, RVTV shall have sole and
exclusive responsibility for operating and managing such Access Facilities. The
City or its designee may formulate rules for the operation of the PEG Access
Channels, consistent with this agreement; such rules shall not be designed to
control the content of Public Access programming. Nothing in this section shall
prohibit the City from authorizing itself or others to manage or co-manage PEG
Access Channels and facilities.
8.2.2. Grantee shall cooperate with the City and RVTV in the use of the
Cable System and Access facilities for the provision of PEG Access. Grantee
shall enter into such operating agreements with RVTV as may be necessary to
facilitate and coordinate the provision of PEG Access, provided that such
operating agreements shall not be inconsistent with the terms of this agreement
and shall be subject to approval by the City.
8.2.3. Except as provided in this agreement, the City shall allocate Access
resources only to RVTV. The Grantee shall cooperate with the City in such
allocations, in such manner as the City shall direct.
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8.2.4. Subject to written authorization from the City, the Grantee shall
have the right to use temporarily any Channel, or portion of any Channel, which
is allocated under this section for PEG uses pursuant to section 611(d) of the
Cable Act.
8.3. Channel Capacity And Use.
8.3.1. Upon the effective date of this agreement, all Access Channels
provided for in this agreement are administered by the City or designee.
8.3.2. Upon the effective date of this agreement, the Grantee shall provide
six Access Channels for distribution of PEG Access programming on the
residential Cable System.
8.3.3. The Grantee shall provide connection of all PEG Access Channels
required by this agreement to and from the Grantee's Headend and RVTV's
Headends as of the effective date of this agreement. Grantee agrees to provide
reconnection for RVTV's Headend if it is relocated within 12 months of the
effective date of this agreement, at no charge to City or to RVTV.
8.3.4. If video programming is delivered in a digital format or the City
requests that PEG Channels be digitized, then, in lieu of the Access Channels
provided for in section 8.3.2, there shall be a maximum of 18 PEG continuous,
full-motion video programming Digital Channels ("Digital Access Channels"). The
City shall determine the number of Digital Access Channels to be activated, not
to exceed 18. Finally, if all PEG video programming is delivered in digital format,
the bandwidth available for PEG use shall not exceed twice the amount of
bandwidth that is necessary to transmit the 18 PEG Digital Access Channels,
except that the amount of capacity available beyond the amount required to
transmit the eighteen 18 Digital Access Channels shall not be less than 12 MHz
in any case.
8.4. Relocation of Access Channels. Grantee shall provide City with a
minimum of 60 days' notice, and use its best efforts to provide 120 days notice, prior to
the time PEG Access Channel designations are changed. Grantee shall consult with
City prior to making a final determination regarding any changes in PEG Access
Channel designations/assignments. Any new Channel designations for the PEG Access
Channels provided pursuant to this agreement shall be in full compliance with FCC
signal quality and proof of performance standards.
8.5. Origination Points.
8.5.1. Upon the effective date of this agreement, Grantee shall provide,
without charge, adequate capacity to facilitate the transmission of character-
generated, pre-recorded, and live cablecasts from
enable the distribution of PEG Access programming on the residential Cable
System on Access Channels.
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8.5.2. Additional permanent Origination Points required by the City or
RVTV shall be provided by Grantee within 90 days following receipt of written
notice from City at the expense of City or RVTV.
8.5.3. By mutual agreement by City and Grantee, upon six weeks written
notice in advance of the scheduled cablecast, and provided that an active drop is
available at the desired location, Grantee shall provide additional Origination
Points on a short term basis for the live cablecast of Access Programming. The
incremental, out-of-pocket costs to Grantee shall be paid for by City or RVTV.
Grantee shall not be required to facilitate more than two such Origination Points
in any 24 hour period.
8.5.4. There shall be no charge to the City, nor to any other person for the
use of the upstream capacity from the program origination locations described in
this section, so long as the transmissions are designed for rerouting and
distribution on any PEG Channels.
8.6. Access Interconnections.
8.6.1. The Grantee shall maintain for the duration of this agreement any
and all existing Interconnections of Access Channels with contiguous cable
systems.
8.6.2. Grantee shall be capable of interconnection of PEG Access
Channels in the Cable System and Cable Systems in Franchise Areas that are
geographically adjacent to City, provided that City has secured the written
permission for such Interconnection from the regulatory authority for the adjacent
Franchise Area. The cost of such Interconnections shall be Grantee's so long as
Grantee or Grantee's affiliate owns the adjacent Cable System. If the adjacent
Cable System is not owned by Grantee, the cost for interconnection shall be
equally shared by the two Cable Systems.
8.6.3. All Interconnections shall have the capability of transmitting and
receiving PEG programming. All Interconnections shall be accomplished in a
manner that permits the transmission of signals meeting the technical standards
of this agreement on all interconnected Channels, consistent with section 8.10.
Installation of all interconnect capacity shall be completed at the Grantee's
expense, except as otherwise provided in this agreement.
8.6.4. The City, or RVTV, shall have the right to control and schedule the
operation of all interconnected Access Channels and capacity. In addition, the
City, or RVTV, shall have the right to use, at its sole discretion and at no cost,
any Access Channels and capacity provided under this agreement for non-
commercial purposes, in furtherance of PEG use. However, the requirement to
interconnect PEG programming with adjacent Cable Systems of willing franchise
authorities shall not result in an increase in the number of PEG Channels beyond
the number of Access Channels provided for in section 8.3.
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8.6.5. The Grantee shall take all necessary steps to ensure that
technically adequate signal quality in compliance with FCC requirements are
initially and continuously provided for all Access Interconnections and Origination
Points.
8.7. Capital Support For Access Costs. Until May 2003, Grantee shall provide
$0.60 per month, per Residential Subscriber for capital support for PEG Access.
Beginning June 2003, this amount shall be $0.75 per month.
The contribution shall be payable by the Grantee to the City after notice has
been given to Grantee's subscribers and contribution has been included on subscribers
bills. The Grantee shall make its best efforts to submit the content of notice to
subscribers regarding such changes to the City for review and comment at least 10
days prior to its printing.
Grantee shall make such payments quarterly, following the effective date of this
agreement, for the preceding quarter ending March 31, June 30, September 30, and
December 31. Each payment shall be due and payable no later than 45 days after the
end of each quarter. Payments under this section shall be subject to the provisions in
section 8.8.1.
8.8. Access Support Not Franchise Fees .
8.8.1. The Grantee agrees that support for Access shall in no way modify
or otherwise affect the Grantee's obligations to pay franchise fees to the City.
The Grantee agrees that although the sum of Franchise fees and the payments
set forth in this section may total more than 5% of the Grantee's Gross
Revenues in any 12 month period, the additional commitments shall not be offset
or otherwise credited in any way against any franchise fee payments under this
agreement.
8.8.2. The City recognizes Franchise fees and certain additional
commitments are external costs as defined under the FCC rate regulations in
force at the time of adoption of this agreement and the Grantee has the right and
ability to include franchise fees and certain other commitments on the bills of
cable customers.
8.9. Access Channels on Lowest Available Tier. All Access Channels
provided to Subscribers under this agreement shall be included by the Grantee, without
limitation, as a part of the lowest available tier offered by the Grantee on its Cable
System.
8.10. Change in Technology. In the event the Grantee makes any change in
the Cable System and related equipment and Facilities or in the Grantee's signal
delivery technology, which directly or indirectly substantially affects the signal quality or
transmission of Access services or programming, the Grantee shall, at its own expense,
take necessary technical steps or provide necessary technical assistance, including the
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acquisition of all necessary equipment, and full training of the City's or Access
personnel to ensure that the capabilities of Access services are not diminished or
adversely affected by such change.
8.11. Technical Quality. The Grantee shall maintain all Upstream and
Downstream Access services, Channels and Interconnections at the same level of
technical quality and reliability required by this agreement and all other applicable laws,
rules and regulations for Residential Subscriber Channels. The Grantee shall provide
routine maintenance and shall repair and replace all transmission equipment, including
modulators, associated cable and equipment in use upon the effective date of this
agreement, necessary to carry a quality signal to and from the City's or RVTV's
facilities.
8.12. Promotional Services. The Grantee shall allow the City to include two bill
stuffers per year. The City or RVTV shall be responsible for the cost of printing its bill
stuffers, the costs of inserting the information into Grantee's bills, and for any
incremental postage costs. Bill stuffers must conform to Grantee's mailing
requirements. Grantee shall be provided an opportunity to review and approve all PEG
bill stuffers.
8.13. Channel Identification. If requested by the City or RVTV, at City or RVTV
costs, the Grantee will identify the PEG Channels and FM signal and identify the
programming carried on the PEG Channels and FM signal in its printed and electronic
programming guides, in the same manner in which it identifies the Channels and
programming on Channels and audio services under its control. It is the responsibility of
RVTV to provide appropriate entities with program schedules in a timely manner, and, if
RVTV fails to do so for a particular Channel, the Grantee may simply identify the
general type of programming carried on the Channel. Grantee will bill the City or RVTV
for the costs of these listings.
9. GENERAL STREET USE AND CONSTRUCTION.
9.1. Construction.
9.1.1. Subject to applicable laws, regulations and ordinances of City and
the provisions of this agreement, Grantee may perform all construction
necessary for the operation of its Cable System. All construction and
maintenance of any and all facilities within Streets incident to Grantee's Cable
System shall, regardless of who performs the construction, be and remain
Grantee's responsibility. Grantee shall apply for, and obtain, all permits
necessary for construction or installation of any facilities, and for excavating and
laying any facilities within the Streets. Grantee shall pay, prior to issuance, all
applicable fees of the requisite construction permits.
9.1.2. Prior to beginning any construction, Grantee shall provide City's
Department of Public Works with a construction schedule for work in the Streets.
All construction shall be performed in compliance with this agreement and all
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applicable City Ordinances and Codes, especially AMC Chapter 16.12 and
section 16.12.090. When obtaining a permit, Grantee shall inquire in writing
about other construction currently in progress, planned or proposed, in order to
investigate thoroughly all opportunities for joint trenching or boring. Whenever it
is possible and reasonably practicable to joint trench or share bores or cuts,
Grantee shall work with other providers, grantees, permittees and franchisees so
as to reduce as far as possible the number of Street cuts.
9.1.3. City shall have the right to inspect all construction or installation
work performed within the franchise area as it shall find necessary to ensure
compliance with the terms of this agreement and other pertinent provisions of
law.
9.2. Location of Facilities. Within 48 hours after notification of any proposed
Street excavation, Grantee shall, at Grantee's expense:
9.2.1. Mark on the surface all of its underground facilities within the area
of the proposed excavation;
9.2.2. Notify the excavator of any unlocated underground facilities in the
area of the proposed excavation; or
9.2.3. Notify the excavator that Grantee does not have any underground
facilities in the vicinity of the proposed excavation.
9.3. Relocation. City shall have the right to require Grantee to change the
location of any part of Grantee's Cable System within the Streets when the public
convenience requires such change, and the expense shall be paid by Grantee. Should
Grantee fail to remove or relocate any such facilities by the date established by City,
City may effect such removal or relocation, and the expense shall be paid by Grantee,
including all costs and expenses incurred by City due to Grantee's delay. If City requires
Grantee to relocate its facilities located within the Streets, City shall make a reasonable
effort to provide Grantee with an alternate location within the Streets.
9.4. Restoration of Streets.
9.4.1. Whenever Grantee disturbs the surface of any Street for any
purpose, Grantee shall promptly restore the Street to at least its prior condition.
When any opening is made by Grantee in a hard surface pavement in any
Street, Grantee shall refill within 24 hours the opening and restore the surface to
a condition satisfactory to City.
9.4.2. If Grantee excavates the surface of any Street, Grantee shall be
responsible for restoration in accordance with applicable regulations of the
jurisdiction within the area affected by the excavation. City may, after providing
notice to Grantee, refill or repave any opening made by Grantee in the Street,
and the expense shall be paid by Grantee. City may, after providing notice to
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Grantee, remove or repair any work done by Grantee that, in the determination
of City, is inadequate. The cost, including the costs of inspection and
supervision, shall be paid by Grantee. All excavations made by Grantee in the
Streets shall be properly safeguarded for the prevention of accidents. All of
Grantee's work under this agreement, and this section in particular, shall be
done in strict compliance with all rules, regulations and ordinances of City. Prior
to making any Street or right-of-way cuts or openings, Grantee shall provide
written notice to City.
9.5. Maintenance and Workmanship.
9.5.1. Grantee's Cable System shall be constructed and maintained in
such manner as not to interfere with sewers, water pipes, or any other property
of City, or with any other pipes, wires, conduits, pedestals, structures, equipment
or other facilities that may have been laid in the Streets by, or under, City's
authority.
9.5.2. Grantee shall provide and use any equipment necessary to control
and carry Grantee's cable television signals so as to prevent injury to City's
property or property belonging to any Person. Grantee, at its own expense, shall
repair, change and improve its facilities to keep them in good repair, and safe
and presentable condition.
9.6. Reservation of City Street Rights. Nothing in this agreement shall prevent
City or utilities owned, maintained or operated by public entities other than City, from
constructing sewers; grading, paving, repairing or altering any Street; repairing or
removing water mains; or constructing or establishing any other public work or
improvement. All such work shall be done, insofar as practicable, so as not to obstruct,
injure or prevent the use and operation of Grantee's Cable System. However, if any of
Grantee's Cable System interferes with the construction or repair of any Street or public
improvement, including construction, repair or removal of a sewer or water main,
Grantee's Cable System shall be removed or replaced in the manner City shall direct,
and City shall in no event be liable for any damage to any portion of Grantee's Cable
System. Any and all such removal or replacement shall be at the expense of Grantee.
Should Grantee fail to remove, adjust or relocate its facilities by the date established by
City's written notice to Grantee, City may effect such removal, adjustment or relocation,
and the expense thereof shall be paid by Grantee, including all reasonable costs and
expenses incurred by City due to Grantee's delay.
9.7. Use of Conduits by City. City may install or affix and maintain wires and
equipment owned by City for governmental purposes in or upon any and all of
Grantee's ducts, conduits or equipment in the Streets and other public places without
charge to City, to the extent space is reasonably available, and pursuant to all
applicable Ordinances and Codes. For the purposes of this subsection, "governmental
purposes" includes, but is not limited to, the use of the structures and installations by
City for fire, police, traffic, water, electricity, telephone, or signal systems, but not for
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Cable System purposes in competition with Grantee. Grantee shall not deduct the value
of such use of its facilities from its Franchise fees payable to City.
9.8. Street Vacation. If any Street or portion of any Street used by Grantee is
vacated by City during the term of this agreement, unless City specifically reserves to
Grantee the right to continue its installation in the vacated Street, Grantee shall, without
delay or expense to City, remove its facilities from such Street, and restore, repair or
reconstruct the Street where such removal has occurred, and place the Street in such
condition as may be required by City. In the event of failure, neglect or refusal of
Grantee, after 30 days' notice by City, to restore, repair or reconstruct such Street, City
may do such work or cause it to be done, and the reasonable cost, as found and
declared by City, shall be paid by Grantee within 30 days of receipt of an invoice and
documentation, and failure to make such payment shall be considered a material
violation of this agreement.
9.9. Discontinuing Use of Facilities. Whenever Grantee intends to discontinue
using any facility within the Streets, Grantee shall submit for City's approval a complete
description of the facility and the date on which Grantee intends to discontinue using
the facility. Grantee may remove the facility or request that City allow it to remain in
place. Notwithstanding Grantee's request that any such facility remain in place, City
may require Grantee to remove the facility from the Street or modify the facility to
protect the public health, welfare, safety, and convenience, or otherwise serve the
public interest. City may require Grantee to perform a combination of modification and
removal of the facility. Grantee shall complete such removal or modification in
accordance with a reasonable schedule set by City. Until such time as Grantee
removes or modifies the facility as directed by City, or until the rights to and
responsibility for the facility are accepted by another Person having authority to
construct and maintain such facility, Grantee shall be responsible for all necessary
repairs and relocations of the facility, as well as maintenance of the Street, in the same
manner and degree as if the facility were in active use, and Grantee shall retain all
liability for such facility. If Grantee abandons its facilities, City may choose to use such
facilities for any purpose whatsoever including, but not limited to, public, governmental,
or educational purposes.
9.10. Hazardous Substances.
9.10.1. Grantee shall comply with all applicable local, state and federal
laws, statutes, regulations and orders concerning hazardous substances relating
to Grantee's Cable System in the Streets.
9.10.2. Grantee shall maintain and inspect its Cable System located in the
Streets. Upon reasonable notice to Grantee, City may inspect Grantee's facilities
in the Streets to determine if any release of hazardous substances has occurred,
or may occur, from or related to Grantee's Cable System. In removing or
modifying Grantee's facilities as provided in this agreement, Grantee shall also
remove all residue of hazardous substances.
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9.11. Undergrounding of Cable.
9.11.1. Wiring.
A. Where all utility lines are installed underground at the time of
Cable System construction, or when such lines are subsequently placed
underground, all Cable System lines or wiring and equipment shall also be
placed underground on a nondiscriminatory basis with other utility lines
services at no additional expense to the City or Subscribers, to the extent
permitted by law and applicable safety codes. Cable must be installed
underground where: (1) all existing utilities are placed underground, (2)
statute, ordinance, policy, or other regulation requires utilities to be placed
underground, or (3) all overhead utility lines are placed underground.
Related Cable System equipment such as pedestals must be
placed in accordance with applicable Code requirements and
underground utility rules as interpreted by each City's appropriate public
works official. In areas where electric or telephone utility wiring is aerial,
the Grantee may install aerial cable, except when a property owner or
resident requests underground installation and agrees to bear the
reasonable additional cost in excess of aerial installation.
B. The Grantee shall utilize existing poles and conduit wherever
possible.
C. This agreement does not grant, give or convey to the Grantee
the right or privilege to install its facilities in any manner on specific utility
poles or equipment of the City or any other Person without their
permission. Copies of agreements for use of poles, conduits or other utility
facilities must be provided upon request by the City upon demonstrated
need and subject to protecting Grantee's proprietary information from
disclosure to third parties.
D. Whenever possible, to avoid additional wear and tear on City's
Rights of Way, Grantee shall when relocating or upgrading the current
cable network install additional conduit or provide additional space for a
rebuilt system. Grantee may charge for use of the conduit consistent with
all applicable laws.
9.11.2. Repair and Restoration of Property.
A. Grantee shall protect public and private property from damage. If
damage occurs the Grantee shall promptly notify the property owner
within 24 hours in writing.
B. If public or private property is disturbed or damaged, the
Grantee shall restore the property to its former condition, normal wear and
tear excepted. Public right-of-way or other City property shall be restored,
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in a manner and within a timeframe approved by the City's Director of
Public Works or other appropriate designated official. If restoration of
public right-of-way or other property of the City is not satisfactorily
performed within a reasonable time, the Director of Public Works or other
appropriate designated official may, after prior notice to the Grantee, or
without notice where the disturbance or damage may create a risk to
public health or safety, or cause delay or added expense to a public
project or activity, cause the repairs to be made at the Grantee's expense
and recover the cost of those repairs from the Grantee. Within 30 days of
receipt of an itemized list of those costs, including the costs of labor,
materials and equipment, the Grantee shall pay the City. If suit is brought
upon Grantee's failure to pay for repair or restoration, and if judgment in
such a suit is entered in favor of the City, then the Grantee shall pay all of
the City's actual costs and expenses resulting from the non-payment,
including penalties, interest from the date the bill was presented,
disbursements, attorneys' fees and litigation-related costs. Private
property must be restored promptly, considering the nature of the work
that must be performed and in no event later than 72 hours.
C. Prior to entering onto private property to construct, operate or
repair its Cable System, Grantee shall give the Person residing on or
using the property adequate written notice (such as a door hanger which
clearly identifies the anticipated construction) that it intends to work on the
property, a description of the work it intends to perform and a name and
phone number the Person can call to protest or seek modification of the
work. Work shall be done in a manner that causes the least interference
with the rights and reasonable convenience of property owners, residents
and users.
9.11.3. Movement of Cable System For and By City. The City may
remove, replace, modify or disconnect Grantee's facilities and equipment located
in the public right-of-way or on any other property of the City in the case of fire,
disaster, or other emergency, or when a project or activity of the City's makes the
removal, replacement, modification or disconnection necessary or less
expensive for the City. Except during an emergency, the City shall attempt to
provide reasonable notice to Grantee prior to taking such action and shall, when
feasible, provide Grantee with the opportunity to perform such action. Following
notice by the City, Grantee shall remove, replace, modify or disconnect any of its
facilities or equipment within any public right-of-way, or on any other property of
the City, except that the City shall provide at least 60 days' written notice of any
major capital improvement project which would require the removal,
replacement, modification or disconnection of Grantee's facilities or equipment. If
the Grantee fails to complete this work within the time prescribed and to the
City's satisfaction, the City may cause such work to be done and bill the cost of
the work to the Grantee. Within 30 days of receipt of an itemized list of those
costs, the Grantee shall pay the City.
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9.11.4. Movement for Other Franchise Holders. If any removal,
replacement, modification or disconnection is required to accommodate the
construction, operation or repair of the facilities or equipment of another
Franchise holder, Grantee shall, after at least 30 days' advance written notice,
take action to effect the necessary changes requested by the responsible entity.
Those Persons shall determine how costs associated with the removal or
relocation shall be allocated.
9.11.5. Movement for Other Permittees. At the request of any Person
holding a valid permit and upon reasonable advance notice, Grantee shall
temporarily raise, lower or remove its wires as necessary to permit the moving of
a building, vehicle, equipment or other item. The permit holder must pay the
expense of such temporary changes, and Grantee may require a reasonable
deposit of the estimated payment in advance.
9.11.6. Tree Trimming. Subject to acquiring prior written permission of the
City, the Grantee shall have the authority to trim trees that overhang a public
right-of-way of the City so as to prevent the branches of such trees from coming
in contact with its Cable System, in accordance with applicable codes and
regulations and current, accepted professional tree trimming practices.
9.12. Codes. Grantee shall strictly adhere to all building and zoning codes
currently in effect or in effect in the future. Grantee shall arrange its lines, cables and
other appurtenances, on both public and private property, in such a manner as to not
cause unreasonable interference with the use of said public or private property by any
Person. In the event of such interference, City may require the removal or relocation of
Grantee's lines, cables, and other appurtenances, at Grantee's cost, from the property
in question.
9.13. Standards.
9.13.1. All work authorized and required shall be done in a safe, thorough
and workerlike manner. The Grantee must comply with all safety requirements,
rules, and practices and employ all necessary devices as required by applicable
law during construction, operation and repair of its Cable System. By way of
illustration and not limitation, the Grantee must comply with the National Electric
Code, National Electrical Safety Code and Occupational Safety and Health
Administration (OSHA) Standards.
9.13.2. Grantee shall ensure that individual Cable System drops are
properly bonded to the electrical power ground at the home, and are consistent,
in all respects, with the requirements of the National Electric Code and the
National Electrical Safety Code.
10. TEST AND COMPLIANCE PROCEDURES. Upon request, Grantee shall advise
City of schedules and methods for testing the Cable System on a regular basis to
determine compliance with the provisions of applicable FCC technical standards.
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Representatives of City may witness tests, and written test reports may be made
available to City upon request.
As required by FCC Rules, Grantee shall conduct proof of performance tests and
cumulative leakage index tests designed to demonstrate compliance with FCC
requirements. Grantee shall provide City summary written reports of the results of such
tests.
11. SERVICE EXTENSION, CONSTRUCTION, AND INTERCONNECTION
11.1. Equivalent Service. It is Grantee's general policy that all residential
dwelling units in the Franchise Area have equivalent availability to Cable Service from
Grantee's Cable System under nondiscriminatory rates and reasonable terms and
conditions. Grantee shall not arbitrarily refuse to provide Cable Service to any Person
within its Franchise Area.
11.2. Service Availability.
11.2.1. Grantee shall provide Cable Service in new subdivisions upon the
earlier of either of the following occurrences: (A) Within 60 days of the time when
foundations have been installed in 50% percent of the dwelling units in any
individual subdivision; or (B) Within 30 days following a request from a resident.
For purposes of this section, a receipt shall be deemed to be made on the
signing of a service agreement, receipt of funds by the Grantee, receipt of a
written request by Grantee, or receipt by Grantee of a verified verbal request.
Grantee shall provide such service: (i) With no line extension charge except as
specifically authorized elsewhere in this agreement; (ii) At a nondiscriminatory
installation charge for a standard installation, consisting of a drop no longer
than125 feet, with additional charges for non-standard installations computed
according to a nondiscriminatory methodology for such installations, adopted by
Grantee and provided in writing to City; and at nondiscriminatory monthly rates
for Residential Subscribers.
11.3. Required Extensions of Service. Whenever the Grantee shall receive a
request for service from at least ten residences within 1320 cable-bearing strand feet
(one-quarter cable mile) of its trunk or distribution cable, it shall extend its Cable
System to such Customers at no cost to the Customers for Cable System extension,
other than the usual connection fees for all Customers within 90 days, provided that
such extension is technically feasible, and if it will not adversely affect the operation, of
the Cable System, or as provided under section 2.6.
11.3.1. No Customer shall be refused service arbitrarily. However, for
unusual circumstances, such as a Customer's request to locate a cable drop
underground, existence of more than 125 feet of distance from distribution cable
to connection of service to Customers, or a density of less than ten residences
per 1320 cable-bearing strand feet of trunk or distribution cable, service may be
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made available on the basis of a capital contribution in aid of construction,
including cost of material, labor, and easements. For the purpose of determining
the amount of capital contribution in aid of construction to be borne by the
Grantee and Customers in the area in which service may be expanded, the
Grantee will contribute an amount equal to the construction and other costs per
mile, multiplied by a fraction whose numerator equals the actual number of
residences per 1320 cable-bearing strand feet of its trunks or distribution cable
and whose denominator equals ten residences. Customers who request such
service will bear the remainder of the construction and other costs on a pro rata
basis. The Grantee may require that the payment of the capital contribution in
aid of construction borne by such potential Customers be paid in advance.
11.3.2. Failure to meet these standards shall subject grantee to
enforcement actions on a per Subscriber basis in section 13.
11.3.3. Connection of Public Facilities. Grantee shall, at no cost to City,
provide one outlet of Basic and expanded basic programming to City' public use
buildings, as designated by City, and all libraries and Schools. In addition, Grantee
agrees to provide, at no cost, one outlet of Basic and expanded basic programming to
all such future public buildings if the drop line to such building does not exceed 125
cable feet or if City agrees to pay the incremental cost of such drop line in excess of
125 feet, including the cost of such excess labor and materials. Outlets of Basic and
expanded basic programming provided in accordance with this subsection may be used
to distribute Cable Service throughout such buildings, provided such distribution can be
accomplished without causing Cable System disruption and general technical standards
are maintained. Cost for any additional outlets shall be the responsibility of City.
12. STANDBY POWER. Grantee shall provide standby power generating capacity at
the Cable System Headend capable of providing at least 12 hours of emergency
operation. Grantee shall maintain standby power system supplies, to the node, rated for
at least two hours duration. In addition, throughout the term of this agreement, Grantee
shall have a plan in place, along with all resources necessary for implementing such
plan, for dealing with outages of more than two hours. This outage plan and evidence of
requisite implementation resources shall be presented to City no later than 90 days
following the effective date of this agreement.
13. FRANCHISE VIOLATIONS; REVOCATION OF FRANCHISE.
13.1. Procedure For Remedying Franchise Violations.
13.1.1. If City believes that Grantee has failed to perform any obligation
under this agreement or has failed to perform in a timely manner, City shall notify
Grantee in writing, stating with reasonable specificity the nature of the alleged
violation.
13.1.2. The City must provide written notice of a violation. Upon receipt of
notice, the Grantee will have a period of 30 days to cure the violation or 30 days
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to present to the City a reasonable remedial plan. The City shall, with Grantee's
consent, decide whether to accept, reject, or modify the remedial plan presented
by the Grantee. Fines shall be assessed only in the event that either a cure has
not occurred within 30 days or the City rejects the remedial plan. The procedures
provided in section 13 shall be utilized to impose any fines. The date of violation
will be the date of the event and not the date Grantee receives notice of the
violation provided, however, that if City has actual knowledge of the violation and
fails to give the Grantee the notice, then the date of the violation shall be no
earlier than ten business days before the City gives Grantee the notice of the
violation.
Grantee shall have 30 calendar days from the date of receipt of such notice to:
13.1.2.1. Respond to City, contesting City's assertion that a violation has
occurred, and requesting a hearing in accordance with subsection 13.1.5, or;
13.1.2.2. Cure the violation, or;
13.1.2.3. Notify City that Grantee cannot cure the violation within the thirty
30 days, and notify the City in writing of what steps the Grantee shall take to cure
the violation including the Grantee's projected completion date for such cure. In
such case, City shall set a hearing date within 30 days of receipt of such
response in accordance with section 13.1.3.
13.1.3. In the event that the Grantee notifies the City that it cannot cure
the violation within the 30 day cure period, City shall, within thirty 30 days of
City's receipt of such notice, set a hearing. At the hearing, City shall review and
determine whether the Grantee has taken reasonable steps to cure the violation
and whether the Grantee's proposed plan and completion date for cure are
reasonable. In the event such plan and completion date are determined by
mutual consent to be reasonable, the same may be approved by the City, who
may waive all or part of the fines for such extended cure period in accordance
with the criteria set forth in section 13.1.7.
13.1.4. In the event that the Grantee fails to cure the violation within the
30 day basic cure period, or within an extended cure period approved by the City
pursuant to section 13.1.3, the City shall set a hearing to determine what fines, if
any, shall be applied.
13.1.5. In the event that the Grantee contests the City's assertion that a
violation has occurred, and requests a hearing in accordance with section
13.1.2.1, the City shall set a hearing within 60 days of the City's receipt of the
hearing request to determine whether the violation has occurred, and if a
violation is found, what fines shall be applied.
13.1.6. In the case of any hearing pursuant to this section, City shall notify
Grantee of the hearing in writing and at the hearing, Grantee shall be provided
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an opportunity to be heard, examine City's witnesses, and to present evidence in
its defense. The City may also hear any other person interested in the subject,
and may provide additional hearing procedures as City deems appropriate.
13.1.7. The fines set forth in section 13.2 may be reduced at the
discretion of the City, taking into consideration the nature, circumstances, extent
and gravity of the violation as reflected by one or more of the following factors:
(A) Whether the violation was unintentional;
(B) The nature of the harm which resulted;
(C) Whether there is a history of prior violations of the same or
other requirements;
(D) Whether there is a history of overall compliance, or;
(E) Whether the violation was voluntarily disclosed, admitted or
cured.
13.1.8. If, after the hearing, City determines that a violation exists, City
may use one or more of the following remedies:
(A) Order Grantee to correct or remedy the violation within a
reasonable time frame as City shall determine;
(B) Establish the amount of fine set forth in section 13.2, taking into
consideration the criteria provided for in section 13.1.7 of this
section as appropriate in City's discretion;
(C) Revoke this agreement, or;
(D) Pursue any other legal or equitable remedy available under this
agreement or any applicable law.
13.2. Fines.
13.2.1. Failure to comply with provisions of the agreement may result in
injury to City. It will be difficult to accurately estimate the extent of such injury.
Therefore, the financial penalty provisions of this agreement are intended as a
reasonable forecast of compensation to City for the harm caused by violation of
this agreement, including but not limited to administrative expense, legal fees,
publication of notices, and holding of a hearing or hearings as provided in this
agreement.
13.2.2. Collection of Fines. The collection of fines by the City shall in no
respect affect:
(A) Compensation owed to Subscribers; or
(B) The Grantee's obligation to comply with all of the provisions of
this agreement or applicable law; or
(C) Other remedies available to the City.
13.3. Revocation. In addition to all other rights and powers retained by the
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City under this agreement or otherwise, the City reserves the right to forfeit and
terminate this agreement and all rights and privileges of the Grantee, in whole or in
part, in the event of a material violation of its terms and conditions. A material
violation by the Grantee shall include, but shall not be limited to the following:
13.3.1. Violation of any material provision of this agreement or any
other agreement between City and Grantee, or any material rule, order,
regulation, standard or determination of the City or authorized agent made
pursuant to this agreement or other agreement;
13.3.2. Attempt to evade any material provision of this agreement or to
practice any fraud or deceit upon the City or its Subscribers or customers;
13.3.3. Failure to restore service after 48 consecutive hours of
interrupted service system-wide, except when approval of such interruption is
obtained from the City;
13.3.4. Material misrepresentation of fact in the application for or
negotiation of this agreement, or;
13.3.5. If Grantee becomes insolvent, or the subject of a bankruptcy
proceeding.
13.4. Relationship of Remedies.
13.4.1. Remedies are Non-exclusive. The remedies provided for in this
agreement are cumulative and not exclusive; the exercise of one remedy shall
not prevent the exercise of another remedy, or the exercise of any rights of the
City at law or equity provided that the cumulative remedies may not be
disproportionate to the magnitude and severity for the breach for which they are
imposed. By way of example and not limitation, the collection of fines by City
shall in no respect affect:
(A) Compensation owed to subscribers; or
(B) Grantee's obligation to comply with the provisions of this
agreement or applicable law.
13.4.2. No Election of Remedies. Without limitation, the recovery of
amounts under the insurance, indemnity or penalty provisions of this agreement
shall not be construed as any of the following: an election of remedies; a limit on
the liability of Grantee under the agreement for fines or otherwise; or an excuse
of faithful performance by Grantee.
13.5. Removal.
13.5.1. In the event of termination, expiration or revocation of this
agreement, City may order the removal of the above-ground Cable System
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facilities and such underground facilities as required by City in order to achieve
reasonable engineering or Street-use purposes, from the Franchise Area at
Grantee's sole expense within a reasonable period of time as determined by
City. In removing its plant, structures and equipment, Grantee shall refill, at its
own expense, any excavation that is made by it and shall leave all Streets, public
places and private property in as good a condition as that prevailing prior to
Grantee's removal of its equipment.
13.5.2. If Grantee fails to complete any required removal to the
satisfaction of City, City may cause the work to be done and Grantee shall
reimburse City for the reasonable costs incurred within 30 days after receipt of
an itemized list of the costs.
13.6. Receivership and Foreclosure.
13.6.1. At the option of City, subject to applicable law, this agreement may
be revoked 120 days after the appointment of a receiver or trustee to take over
and conduct the business of Grantee whether in a receivership, reorganization,
bankruptcy or other action or proceeding unless:
(A) The receivership or trusteeship is vacated within 120 days of
appointment, or;
(B) The receiver or trustee has, within 120 days after their election
or appointment, fully complied with all the terms and provisions of
this agreement, and have remedied all violations under the
agreement. Additionally, the receiver or trustee shall have executed
an agreement duly approved by the court having jurisdiction, by
which the receiver or trustee assumes and agreea to be bound by
each and every term and provision of this agreement.
13.6.2. If there is a foreclosure or other involuntary sale of the whole or
any part of the plant, property and equipment of Grantee, City may serve notice
of revocation on Grantee and to the purchaser at the sale, and the rights and
privileges of Grantee under this agreement shall be revoked 30 days after
service of such notice, unless:
(A) City has approved the transfer of the agreement, in accordance
with the procedures set forth in this agreement and as provided by
law; and
(B) The purchaser has agreed with City to assume and be bound
by all of the terms and conditions of this agreement.
13.7. No Recourse Against City. Grantee shall not have any monetary recourse
against City or its officials, boards, commissions, agents or employees for any loss,
costs, expenses or damages arising out of any provision or requirement of this
agreement or its enforcement, in accordance with the provisions of applicable federal,
state and local law. The rights of the City under this agreement are in addition to, and
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shall not be read to limit, any rights or immunities the City may enjoy under federal,
state or local law.
13.8. Nonenforcement by City. Grantee is not relieved of its obligation to
comply with any of the provisions of this agreement by reason of any failure of City to
enforce prompt compliance. City's forbearance or failure to enforce any provision of this
agreement shall not serve as a basis to stop any subsequent enforcement. The failure
of the City on one or more occasions to exercise a right or to require compliance or
performance under this agreement or any applicable law shall not be deemed to
constitute a waiver of such right or a waiver of compliance or performance, unless such
right has been specifically waived in writing. Any waiver of a violation is not a waiver of
any other violation, whether similar or different from that waived.
14. ABANDONMENT
14.1. Effect of Abandonment. If the Grantee abandons its System during the
agreement term, or fails to operate its Cable System in accordance with its duty to
provide continuous service, the City, at its option, may operate the Cable System;
designate another entity to operate the Cable System temporarily until the Grantee
restores service under conditions acceptable to the City or until the agreement is
revoked and a new Franchise is selected by the City; or obtain an injunction requiring
the Grantee to continue operations. If the City is required to operate or designate
another entity to operate the Cable System, the Grantee shall reimburse the City or its
designee for all reasonable costs, expenses and damages incurred.
14.2. What Constitutes Abandonment. The City shall be entitled to exercise its
options and obtain any required injunctive relief if:
14.2.1. The Grantee fails to provide Cable Service in accordance with this
agreement to the Franchise Area for 96 consecutive hours, unless the City
authorizes a longer interruption of service, except if such failure to provide
service is due to a force majeure occurrence, as described in section 4.5; or
14.2.2. The Grantee, for any period, willfully and without cause refuses to
provide Cable Service in accordance with this agreement.
15. FRANCHISE RENEWAL AND TRANSFER.
15.1. Renewal.
15.1.1. Any proceedings undertaken by the City that relate to the renewal
of Grantee's agreement shall be governed by and comply with the provisions of
the Cable Act (47 USC §546), unless the procedures and substantive protections
there set forth shall be deemed to be preempted and superseded by the
provisions of any subsequent provision of federal or state law.
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15.1.2. In addition to the procedures set forth in the Cable Act, the City
agrees to notify Grantee of the completion of its assessments regarding the
identification of future cable-related community needs and interests, as well as
the past performance of Grantee under the then current Franchise term.
Notwithstanding anything to the contrary set forth in this agreement, City and
Grantee agree, that at any time during the term of the then current agreement,
while affording the public adequate notice and opportunity for comment, City and
Grantee may agree to undertake and finalize negotiations regarding renewal of
the then current agreement and the City may grant a renewal. Grantee and City
consider the terms set forth in this section to be consistent with the express
provisions of the Cable Act.
15.2. Transfer of Ownership or Control.
15.2.1. The Cable System and this agreement shall not be sold, assigned,
transferred, leased, or disposed of, either in whole or in part, either by
involuntary sale or by voluntary sale, merger, consolidation, nor shall the title,
either legal or equitable, or any right, interest, or property pass to or vest in any
Person or entity, without the prior written consent of the City, which consent shall
not be unreasonably withheld. Grantee shall reimburse the city for all direct and
indirect fees, costs, and expenses reasonably incurred by the city in considering
a request to transfer or assign the Cable System or this agreement.
15.2.2. The Grantee shall promptly notify the City of any actual or
proposed change in, or transfer of, or acquisition by any other party of control of
the Grantee. The word "control' as used is this section is not limited to majority
stockholders but includes actual working control in whatever manner exercised.
A rebuttable presumption that a transfer of control has occurred shall arise on
the acquisition or accumulation by any Person or group of Persons of 10% of the
shares or the general partnership interest in the Grantee, except that this
sentence shall not apply in the case of a transfer to any Person or group already
owning at least a 10% interest of the shares or the general partnership interest in
the Grantee. Every change, transfer or acquisition of control of the Grantee shall
make this agreement subject to cancellation unless and until the City shall have
consented.
15.2.3. The parties to the sale or transfer shall make a written request to
the City for its approval of a sale or transfer and furnish all information required
by law and the City.
15.2.4. The City shall render a final written decision on the request within
120 days of the request, provided it has received all requested information.
Subject to the foregoing, if the City fails to render a final decision on the request
within 120 days, such request shall be deemed granted unless the requesting
party and the City agree to an extension of time.
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15.2.5. Within 30 days of any transfer or sale, if approved or deemed
granted by the City, Grantee shall file with the City a copy of the deed,
agreement, lease or other written instrument evidencing such sale or transfer of
ownership or control, certified and sworn to as correct by Grantee and the
transferee.
15.2.6. In reviewing a request for sale or transfer, the City may inquire into
the legal, technical and financial qualifications of the prospective controlling party
or transferee, and Grantee shall assist the City in so inquiring. The City may
condition said sale or transfer upon such terms and conditions as it deems
reasonably appropriate, provided, however, any such terms and conditions so
attached shall be related to the legal, technical, and financial qualifications of the
prospective controlling party or transferee and to the resolution of outstanding
and unresolved issues of noncompliance with the terms and conditions of this
agreement by Grantee.
15.2.7. The consent or approval of the City to any transfer by the Grantee
shall not constitute a waiver or release of any rights of the City, and any transfer
shall, by its terms, be expressly subordinate to the terms and conditions of this
agreement.
15.2.8. Notwithstanding anything to the contrary in this section, the prior
approval of the City shall not be required for any sale, assignment or transfer of
the agreement or Cable System for cable television system usage to an entity
controlling, controlled by or under the same common control as Grantee
provided that the proposed assignee or transferee must show financial
responsibility as may be determined necessary by the City and must agree in
writing to comply with all provisions of the agreement.
16. SEVERABILITY. If any section, subsection, paragraph, term or provision of this
agreement is determined to be illegal, invalid or unconstitutional by any court of
competent jurisdiction or by any state or federal regulatory authority having jurisdiction,
such determination shall have no effect on the validity of any other section, subsection,
paragraph, term or provision of this agreement, all of which will remain in full force and
effect for the term of the agreement.
17. MISCELLANEOUS PROVISIONS.
17.1. Preferential or Discriminatory Practices Prohibited. Grantee shall not
discriminate in hiring, employment or promotion on the basis of race, color, creed,
ethnic or national origin, religion, age, sex, sexual orientation, marital status, or physical
or mental disability. Throughout the term of this agreement, Grantee shall fully comply
with all equal employment or nondiscrimination provisions and requirements of federal,
state and local law and, in particular, FCC rules and regulations.
17.2. Dispute Resolution. Should a dispute arise between the parties
concerning any aspect of this agreement which is not resolved by mutual agreement of
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the parties, and unless either party believes in good faith that injunctive relief is
warranted, the dispute will be submitted to mediated negotiation prior to any party
commencing litigation. In such event, the City and Grantee agree to participate in good
faith in a non-binding mediation process. The mediator shall be selected by mutual
agreement of the parties. In the absence of such mutual agreement, each party shall
select a temporary mediator, and those mediators shall jointly select a permanent
mediator.
If the parties are unable to successfully conclude the mediation within 45 days
from the date of the selection of the mediator, either party may terminate further
mediation by sending written notice to the other. After written notice has been received
by the other party, either party may pursue whatever legal remedies exist. All costs
associated with mediation shall be borne, equally and separately, by the parties.
17.3. Notices. Throughout the term of the agreement, Grantee shall maintain
and file with City a designated legal or local address for the service of notices by mail. A
copy of all notices from City to Grantee shall be sent, postage prepaid, to such address
and such notices shall be effective upon the date of mailing. At the effective date of this
agreement, such addresses shall be:
AFN Television
90 North Main Street
Ashland, Oregon 97520
All notices to be sent by Grantee to City under this agreement shall be sent,
postage prepaid, and such notices shall be effective upon the date of mailing. At the
effective date of this agreement, such address shall be: .
City Administrator
City of Ashland
20 East Main Street
Ashland, Oregon 07520
17.4. Binding Effect. This agreement shall be binding upon the parties, their
successors and assigns.
17.5. Authority to Amend. This agreement may be amended at any time by
written agreement between the parties.
17.6. Governing Law. This agreement shall be governed in all respects by the
laws of the State of Oregon.
17.7. Captions. The captions and headings of this agreement are for
convenience and reference purposes only and shall not affect in any way the meaning
or interpretation of any provisions of this agreement.
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�J
17.8. Entire Agreement. This agreement contains the entire agreement
between the parties, supersedes all prior agreements or proposals except as
specifically set forth in this agreement, and cannot be changed orally but only by an
instrument in writing executed by the parties.
17.9. Construction of Agreement. The provisions of this agreement shall be
liberally construed to promote the public interest.
Agreed to this day of August, 1999.
AFN City of Ashland
By: By:
Title: Mayor
By:
Title:
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Council Communication
Legal Department
Oredson-Todd Woods Park
August 3, 1999
Submitted by: Paul Nolte L_1
Approved by: Mike Freeman
Title:
Acquisition and Dedication of Oredson-Todd Woods as a City Park
Synopsis:
The Southern Oregon Land Conservancy (SOLO) desires to donate the Oredson-Todd Woods to
the city for park purposes. SOLC holds title to the property by virtue of a donation from Vince
Oredson and John Todd who imposed strict conditions as to the property's use for public open
space. In order to convey the property to the city and comply with these conditions, SOLC is
requiring the city to simultaneously grant to SOLC a conservation easement. This conservation
easement restricts the uses to be made of the property to those which are compatible with public
open space and park purposes. The easement also grants to SOLC monitoring and enforcement
power to ensure that only permitted uses are conducted on the property. The Ashland Parks and
Recreation Commission recommends that the city acquire the property and grant the
conservation easement. In order to enable SOLC to perform its perpetual monitoring
responsibilities, SOLC requests a$5,000 one-time contribution.
Recommendation:
Move to accept the deed from SOLC for the Oredson-Todd Woods property, grant a conservation
easement to SOLE and authorize payment of a $5,000 donation to SOLE for its use in
monitoring the condition and status of the property.
Approve the Resolution Dedicating Property for Park Purposes Pursuant to Article XIX, Section
3, of the City Charter(Oredson-Todd Woods).
Background Information:
Additional background information from the Ashland Parks and Recreation Commission and the
SOLC is attached.
RESOLUTION NO. 99-
A RESOLUTION DEDICATING PROPERTY FOR PARK PURPOSES
PURSUANT TO ARTICLE XIX, SECTION 3, OF THE CITY CHARTER
(OREDSON-TODD WOODS)
THE CITY OF ASHLAND RESOLVES AS FOLLOWS:
SECTION 1. The land described on the attached Exhibit A is dedicated for park
purposes pursuant to Article XIX, Section 3, of the Ashland City Charter.
This resolution was read by title only in accordance with Ashland Municipal Code
§ 2.04.090 duly PASSED and ADOPTED this _day of
1999.
Barbara Christensen, City Recorder
SIGNED and APPROVED this _ day of ' 1999.
Catherine M. Shaw, Mayor
Reviewed asAto,form:
pa"iY
Paul Nolte, City Attorney
PAGE 1-RESOLUTION DESIGNATING PROPERTY FOR PARK PURPOSES
(FAUSER\PAULTARKSOedimte Oredson-Todd Woods Resompd)
EXHIBIT A
Beginning at a 1"galvanized iron pipe with a 2-1/2 diameter bronze cap situated at the north sixteenth corner
common to Sections 22 and 23 in Township 39 South,Range 1 East of the Willamette Meridian in Jackson County,
Oregon;thence South 00°13'45"East(Government Record North), along the section line common to said sections,
241.09 feet to a point;thence leaving said section line, South 64°51'West 247.27 feet;thence South 33°58'45"West
782 feet,more or less,to a point in the west boundary line of the East Half of the Southeast Ouarter of the Northeast
Quarter of said Section 22;thence Northerly,along said westerly bourdary line, 995 feet,more or less,to the
northwest comer thereof;thence Easterly,along the northerly boundary line of the Southeast Ouarter of the
Northeast Quarter of said Section 22, a distance of 493 feet,more or less,to the center of Hamilton Creek;thence
Northeasterly along said creek center approximately as follows:North 460 East 83 feet;thence North 400 East 83
feet;thence North 320 East 250 feet;thence North 9°East 125 feet;thence North 20°East 125 feet to an angle in
said creek centerline as described in Document No. 85-03536 of the Official Records of Jackson County,Oregon;
thence leaving said creek centerline South 35'56' 16" East 110.35 feet;thence South 17°36'33"West 30.78 feet;
thence South 72°23'27"East 15.00 feet to the point of beginning of the tract described in deed recorded as No.
85-03601 of said Official Records;thence along the westerly boundary of said described tract Southl7°36'33"West
40.00 feet to a 5/8"iron pin;thence South 9'33'56"West 156.005 feet to a 5/8"iron pin;thence South 17°35'55"
West: 124.22 feet to a 5/8"iron pin;thence South 10°54'05"West 111.05 feet to a 5/8"iron pin witness corner;
thence continue South 10°54'05"West 32.55. feet to intersect the southerly boundary of the Northwest Quarter of
the Northwest Quarter of said Section 23;thence North 8946'12"West 104.855 feet to the true point of beginning.
PAGE 2-RESOLUTION DESIGNATING PROPERTY FOR PARK PURPOSES
(F:\USER\PAUL\PARKS\Dedicate Oredson-Todd Woods Reso.wpd)
ASHLAND PARKS AND RECREATION COMMISSION
340 SO. PIONEER STREET ASHLAND,OREGON 97520
COMMISSIONERS: ""- Kenneth J.Mickelsen
Director
Teri Coppedge — o
JoAnne Eggers
Sally D.Jones 1 TEL.:(541)49a-5340
Rick Landt - FAX:(541)4aa-5314
Laurie MacGraw
-•. e-mail:ashparks@wave.net
�. RE �•`+
MEMORANDUM
TO Honorable Mayor and City Councillors
FROM Kenneth J. Mickelsen, Director
DATE July 29, 1999
SUBJECT Recommendation related to Todd-Oredson Woods
Last year the Commission was approached by the So. Oregon Land Conservancy which
brought up the idea of acquiring the Oredson-Todd Woods which would be dedicated as
part of the Park Land/Open Space Land Acquisition Program. The Commission expressed
interest in the proposal. City Attorney Paul Nolte and S.O.L.C. have prepared a Deed of
Conservation Easement related to incorporating this property into the City's Open Space
program.
At its March 1999 Regular Meeting, the Commission decided to recommend that the
Council approve accepting the Oredson -Todd Woods into the Open Space program as
stipulated by the proposed Conservation Easement.
AB: 99 Memos
Home of Famous Lithia Park
Oredson-Todd Woods Proposal
For over twenty years the Southern Oregon Land Conservancy (SOLC)
has been working in Southern Oregon to preserve natural lands and
open space. One of our earliest projects was working with the
City of Ashland to purchase and protect the Siskiyou Mountain
Preserve, an area of approximately 110 wooded acres above town.
Thanks to this joint effort the City currently owns the property
and we hold a conservation easement on it protecting it as open
space. We are now coming back to you to continue this partnership.
The SOLC currently owns approximately 8.2 acres of forested land
known as the Oredson-Todd Woods (shown on the attached map) . This
land was donated to us by Vince Oredson and John Todd to be kept
forever as a public open space. Over time the Oredson-Todd Woods
has become a portal at the south end of the City for trails and
the success of the Ashland trail system has led to significantly
increased use. Due to this success, we believe that the property
could be better served if the ownership were transferred to the
City. Therefore, our proposal is to donate the property to the
City while holding a conservation easement akin to the easement we
hold on the Siskiyou Mountain Preserve. The easement will
guarantee to our original donors that the property will be kept in
its natural state as public open space. To achieve this our plan
is as follows:
1. The SOLC donates the property to the City for public use
as a part of the City' s Park system.
2. The City grants the SOLO a conservation easement over the
property as described on the attached sheet.
3. In order to fulfill our obligation to the original donors
we need to inspect the property annually to guarantee that
its uses match those allowed under the easement. This
monitoring requires some financial support. We will need to
secure at least $5,000.00 (either a lump sum or $1,000 per
year for five years) donated to our Conservation Easement
Fund. These funds, interest will pay our annual monitoring
expenses and the principal will insure a reserve in the event
additional expenditures are necessary to defend the easement.
We are excited about the possibility of expanding our existing
partnership with Ashland. The pubic ownership/private easement
arrangement is one that has worked particularly well with
Jacksonville in the development of the Jacksonville Woodlands.
Easements have provided some potential donors with the
reassurance they need that their purposes will be maintained
over time before donating their property. We also believe that
this arrangement will allow the public to be better served by
the Oredson-Todd Woods and therefore will better fulfill the
goals of the original donors
Oredson-Todd Woods Proposal
Conservation Easement Overview
Conservation easements would perhaps be better labeled
conservation restrictions. Unlike most easements which grant an
affirmative right, conservation easements limit the use of
property and therefore protect its conservation values. An
easement outlines the purposes for which a property can be used
and often included specifically prohibited activities. Primarily
easements are not written for the original parties to the
transaction, but rather for future owners. In this way, with land
donated to a municipality, easements provide the private donors an
assurance that even if the City's goals change in fifty or one
hundred years their intent in donating the land will be preserved.
As a land trust our job is to guarantee the preservation of the
donor's original intent.
In the case of the Oredson-Todd Woods most of the donors ' intents
were included as restrictions and covenants in our Deed. Our
proposal is to include those limitations in a easement on the
property. In most respects this easement would mimic the easement
we hold over the Siskiyou Mountain Preserve with the following
specific limitations and reserved rights.
1. The purpose of the easement would be to maintain the property
for recreation, education, research, open space, a public park, a
wildlife refuge or similar natural use purposes. This would
specifically prohibit any future residential development.
2. The easement would allow the development and maintenance of
trails for walking, horseback riding or biking.
3. No commercial uses would be allowed and motorized access would
be limited to certain specific emergency or maintenance purposes.
4. The property would continue to be known as the Oredson-Todd
Woods and appropriate signage would be installed commemorating
that name as well as the role of the SOLC.
our goal is to work with the City to insure that what is done on
the property complies with the donors' original intent. To do
this we need to review plans for construction, limited timber
removal, or other on-site activities and determine that they fit
within the easement's purpose. We will also need to monitor the
property and visually inspect what has been taking place. We view
this truly as a partnership and our experience both with Ashland
and with Jacksonville has shown us that it is an arrangement that
can be very successful for all concerned.
. v PLACE
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BARGAIN AND SALE DEED
The Southern Oregon Land Conservancy, Inc., a nonprofit Oregon corporation, having an
address at PO Box 954, Ashland, Or. 97520, Grantor, conveys to the City of Ashland, Grantee,
the following described real property:
Beginning at a 1"galvanized iron pipe with a 2-1/2 diameter bronze cap situated at the north sixteenth corner
common to Sections 22 and 23 in Township 39 South,Range 1 East of the Willamette Meridian in Jackson County,
Oregon;thence South 00 013'45" East(Government Record North),along the section line common to said sections,
241.09 feet to a point;thence leaving said section line,South 64°51'West 247.27 feet;thence South 33°58'45"West
782 feet,more or less,to a point in the west boundary line of the East Half of the Southeast Ouarter of the Northeast
Quarter of said Section 22;thence Northerly, along said westerly bourdary line,995 feet,more or less,to the
northwest comer thereof,thence Easterly,along the northerly boundary line of the Southeast Ouarter of the
Northeast Quarter of said Section 22,a distance of 493 feet,more or less,to the center of Hamilton Creek;thence
Northeasterly along said creek center approximately as follows:North 46°East 83 feet;thence North 40°East 83
feet;thence North 32°East 250 feet;thence North 9°East 125 feet;thence North 20°East 125 feet to an angle in
said creek centerline as described in Document No. 85-03536 of the Official Records of Jackson County,Oregon;
thence leaving said creek centerline South 35'56' 16"East 110.35 feet;thence South 17°36'33"West 30.78 feet;
thence South 72°23'27"East 15.00 feet to the point of beginning of the tract described in deed recorded as No.
85-03601 of said Official Records;thence along the westerly boundary of said described tract Southl7°36'33"West
40.00 feet to a 5/8"iron pin;thence South 9'33'56"West 156.005 feet to a 5/8"iron pin;thence South 17°35'55"
West: 124.22 feet to a 518"iron pin;thence South 100 54'05"West 111.05 feet to a 5/8" iron pin witness comer;
thence continue South 10°54'05"West 32.55. feet to intersect the southerly boundary of the Northwest Quarter of
the Northwest Quarter of said Section 23;thence North 89°46'12"West 104.855 feet to the true point of beginning.
The true and actual consideration for this conveyance is $0.00.
Until a change is requested, all tax statements are to be sent to the following address:City
Administrator, City of Ashland, 20 East Main Street Ashland, OR 97520.
Dated this_day of August, 1999.
By:
Daniel S. Kellogg
President Southern Oregon Land Conservancy
STATE OF OREGON )
)ss.
County of Jackson ) August , 1999
Personally appeared Daniel S. Kellogg, the President of SOUTHERN OREGON LAND
CONSERVANCY, INC., an Oregon nonprofit corporation, and acknowledged the foregoing to
be the act of the corporation by resolution of its board of directors, and that he executed said
document on behalf of said corporation.
Before me:
Notary Public for Oregon
My Commission Expires:
DEED OF CONSERVATION EASEMENT
Oredson-Todd Woods
This Deed of Conservation Easement is made this day of August, 1999, by
the City of Ashland, Grantor, in favor of Southern Oregon Land Conservancy, Inc.,
a nonprofit Oregon corporation, having an address at PO Box 954, Ashland, OR 97520,
Grantee.
WITNESSETH:
The Grantor is owner of certain real property in Jackson County, Oregon, more
particular described in the attached Exhibit A which is incorporated by this reference
(the Property); and
WHEREAS, the Property possesses natural, scenic, and open space values
(collectively, Conservation Values) of great importance to Grantor, the people of the
City of Ashland, and the people of the State of Oregon; and
WHEREAS, in particular, keeping the Property in its natural state helps preserve and
enhance the scenic character of the City of Ashland; and
WHEREAS, the property was donated to the Southern Oregon Land Conservancy in
1983 by Vincent L. Oredson and John D. Todd and, in turn, the Southern Oregon Land
Conservancy has donated the property to the Grantor; and
WHEREAS, the intention of Vincent L. Oredson and John D. Todd and the Southern
Oregon Land Conservancy in making the donations described above was to protect the
conservation values of the property; and
WHEREAS, the parties to this grant agree that the Property shall be known as the
Oredson-Todd Woods to commemorate the original donors of the Property; and
WHEREAS, the Property borders existing land owned by the City of Ashland over
which the Southern Oregon Land Conservancy holds a conservation easement. Both
the Property and the bordering parcel are held as a part of Ashland's park system to be
used for open space and the recreational enjoyment of the public; and
WHEREAS, Grantor intends to preserve and protect the Conservation Values of the
Property and fulfill the condition of the donations described above by conveying to
Grantee the right to preserve and protect the Conservation Values of the property in
perpetuity; and
WHEREAS, the Grantee is a publicly supported, tax-exempt, nonprofit organization
qualified under Section 501(C)(3) and 170(h) of the Internal Revenue Code whose
primary purpose is the preservation, protection, and enhancement of lands in its
natural, scenic, historical, agricultural, forested, and/or open space condition; and
WHEREAS, Grantee agrees, by accepting this grant, to honor the intent of Grantor
stated in this easement and to preserve and protect in perpetuity the conservation
values of the property for the benefit of this generation and future generations to come;
Now. Therefore, in consideration of the above and the mutual covenants, terms,
conditions and restrictions contained in this document and pursuant to the laws of the
State of Oregon and in particular ORS 271.715 through 271.785, Grantor voluntarily
grants and conveys to Grantee a conservation easement in perpetuity over the Property
of the nature and character and to the extent set forth below (Easement).
1. PURPOSE. It is the purpose of this easement to protect, maintain and restore the
Property predominantly in its natural, scenic, and open space condition and to prevent
any use of the Property which would significantly impair or interfere with the
conservation values of the Property. It is the express intent of the Grantor that the
property shall be used for recreation, education, research, habitat, open space, or
public park purposes and shall be maintained for the use and enjoyment of the general
public. Except as specifically noted otherwise in this easement, the Property shall be
preserved in its natural state and managed to promote healthy forest ecosystems and
to encourage native species growth and wildlife habitat as fully as is possible within the
considerations of generally accepted ecological and public safety standards.
2. RIGHTS OF GRANTEE. To accomplish the purposes of this easement, the following
rights are conveyed to Grantee by this easement:
(A) To preserve, protect, enhance and restore the natural, scenic, open space
and ecological features of the Property.
(B) To enter upon the Property at reasonable times in order to monitor Grantor's
compliance with and otherwise enforce the terms of this easement.
(C) To enjoin any activity on or use of the Property that is inconsistent with the
purpose of this easement and to require the restoration of such areas or features of the
Property that may be damaged by any inconsistent activity or use.
3. RESERVED RIGHTS. Grantor reserves to itself, its personal representatives, heirs,
successors and assigns, all rights and obligations accruing from ownership of the
Property, including the right to engage in or permit or invite others to engage in all uses
of the Property that are not expressly prohibited by this easement and are not
inconsistent with the purposes of this easement. These uses include, but are not
limited to, the establishment of trail and access facilities according to the terms of a plan
which has been submitted to and approved by Grantee prior to any on site work being
performed. All such facilities shall be sized, designed and built in such a manner so as
to minimize their impact on native vegetation, habitat and drainage. Grantee shall have
the right to review any such plan to ensure that placement and construction of trails and
facilities shall not conflict with the purpose of this Easement and any required approval
shall be granted at Grantee's discretion. However, Grantee may not prohibit hiking trails
established in cooperation with the BLM or the USFS. Grantor understands and agrees
that the Property shall be kept open for public use and enjoyment and that horses,
horse drawn vehicles and other beasts of burden shall be permitted provided that either
Grantor or Grantee may restrict such use on a seasonal basis. Any trail and access
system may include the following:
(A) Simple, rustic, non-paved foot, bicycle or equestrian paths not to exceed
three feet in width:
(B) Paved handicapped accessible trails not to exceed 1/4 mile in length;
(C) Bridges and retaining walls for trails;
(D) Interpretive, safety and direction signs designed to limit their visual impact on
the natural landscape. Such signs shall include the designation of the Property
as the Oredson-Todd Woods and shall mention the role of the Southern Oregon
Land Conservancy in the Property's preservation;
(E) Rest benches;
(F) Fences or barriers for safety purposes designed and placed to limit their
aesthetic impact to the extent possible.
4. PROHIBITED USES. Grantor intends to limit the use of the Property through this
Conservation Easement to natural, scenic, educational, habitat and open space uses
including the right to allow the public access to the Property for the low impact activities
such as walking, hiking, jogging, cycling and natural observations. Any activity which is
inconsistent with the purpose of this easement is prohibited. Without limiting the
generality of the foregoing, the following activities are expressly prohibited.
(A) Industrial or commercial use;
(B) The use of off-road or other motorized vehicles except in emergencies or for
maintenance or repair of trails or access facilities or as approved or necessary
under the provisions of a plan approved pursuant to Section 3 or 4(H);
(C) The legal or de facto subdivision or partitioning of the property;
(D) The exploration for or extraction of minerals, hydrocarbons, oils or materials
on or below the surface of the Property;
(E) Any alteration of the surface of the land, including, without limitation, the
excavation or removal of soil, sand, gravel, rock, peat, or sod except as may be
approved by Grantee under the provisions of Section 3;
(F) The construction of any building, structure, sign, or improvement on the
Property except as permitted under the provisions of Section 3;
(G) The processing, storage, dumping, or other disposal of hazardous, toxic or
other wastes, and refuse on the Property
(H) Timber Harvest, cutting of trees or harvest of non-timber forest products
except as permitted under the provisions of a plan approved by Grantee which is
designed to protect the natural, scenic, historic, open space and ecological
values of the Property, or except as necessary to control, reduce or prevent
disease, fire, fire hazard, imminent hazard, or to restore natural habitat areas or
to promote native vegetation;
(1) The building of roads and other right-of-ways except as may be approved by
Grantee under the provisions of Section 3.
5. NOTICE AND APPROVAL.
(A) Grantor agrees to notify Grantee prior to undertaking any activity on the
Property, and specifically prior to undertaking certain permitted activities such as those
described in Sections 3 and 4 above. No notice is necessary, however, for Grantor
permitting access by the public or for routine maintenance or repair of existing trails or
access facilities. The purpose of such notice is to provide Grantee with an adequate
opportunity to review and monitor the activities to ensure that they are consistent with
the purpose of this Easement. All such notices, except for activities required to prevent
imminent hazard to public health or safety, shall be provided not less than thirty(30)
days prior to commencement. In the event that an activity is required to prevent
imminent hazard to public health or safety, Grantor shall make good faith attempts to
contact Grantee prior to any such work taking place and obtain Grantee's approval. If it
is not possible to contact Grantee in a timely fashion, Grantor may proceed without
such approval to perform the minimum work require to abate the imminent threat or
stabilize the condition until such time as Grantee has reviewed and approved a plan for
further activity.
(B) Grantee shall either grant or withhold its approval in writing within thirty (30)
days of receipt of Grantor's written request for such approval. If Grantee fails to respond
to Grantor within thirty (30) days, the activity proposed by Grantor shall be deemed to
be approved. Any approval required of Grantee under the terms of this easement,
except in the case of timber harvest plans designed to control or prevent fire or other
hazards, shall be granted or withheld solely at the reasonable discretion of Grantee.
Any timber harvest plan designed to control, reduce or prevent fire or fire hazard or
other hazard shall be subject to Grantee's reasonable review and Grantee's approval
shall not be unreasonably withheld.
6. GRANTEE'S REMEDIES.
(A) If Grantee determines that Grantor is in violation of this easement or a
violation is threatened, Grantee shall give written notice to Grantor of such violation and
demand corrective action sufficient to cure the violation, and where the violation
involves injury to the Property resulting from any use or activity prohibited or
inconsistent with the purposes of this easement, to restore the portion of the property
so injured.
(B) If Grantor fails to cure the violation within thirty (30) days after receipt of
notice of the violation from Grantee or, under circumstances where the violation cannot
reasonably be cured within the thirty (30) day period, fails to begin curing said violation
within the thirty (30) day period or fails to continue diligently to cure said violation until
finally cured, Grantee may bring an action at law or equity in a court of competent
jurisdiction to enforce the terms of this easement, to enjoin the violation ex parte as
necessary by temporary or permanent injunction, to recover any damage to which it
may be entitled for a violation of the terms of this easement or injury to any
conservation values protected by this easement including damages for the loss of
scenic, aesthetic, or environmental values, as well as the value of any minerals, crops,
timber or other material removed from the property in violation of this easement and to
require the restoration of the Property to the condition in which it existed prior to any
such injury. Without limiting Grantor's liability therefore, Grantee in its sole discretion
may apply any damages recovered to the cost of undertaking any corrective action on
the Property.
(C) If Grantee in its sole discretion determines that circumstances require
immediate action to prevent or mitigate significant damage to the conservation values
of the Property, Grantee may pursue its remedies under this Section 6 without prior
notice to Grantor and without waiting for the period provided for cure to expire.
(D) Grantee's rights under this paragraph apply equally in the event of either
actual or threatened violations of the terms of this easement and Grantor agrees that
Grantee's remedies at law for any violation of this easement are inadequate and that
Grantee shall be entitled to the injunctive relief described in this paragraph, both
prohibitive and mandatory, in addition to such other relief to which Grantee may be
entitled including specific performance of the terms of this easement without the
necessity of proving either actual damages or the inadequacy of otherwise available
legal remedies. Grantee's remedies described in this paragraph shall be cumulative
and shall be in addition to all remedies now or hereafter existing at law or in equity.
7. COSTS AND LIABILITIES. Grantor retains all responsibilities and shall bear all costs
and liabilities of any kind relating to the ownership, operation, upkeep and maintenance
of the Property and does hereby indemnify and hold Grantee harmless therefrom. The
Grantor, however, shall not be required to indemnify Grantee for any such liability
arising out of the negligent, wrongful or intentional acts of the Grantee or the employees
or agents of Grantee.
8. TAXES. Grantor agrees to pay before delinquency all taxes and assessment fees
and charges of whatever description levied on or against the property by any competent
authority (collectively taxes) including any taxes imposed upon or incurred as a result of
this easement and shall furnish Grantee with satisfactory evidence of payment upon
request. Grantee is authorized, but in no event obligated, to make or advance any
payment of taxes, upon three (3) days prior written notice to Grantor, in accordance
with any bill, statement or estimate procured from the appropriate authority, without
inquiry into the validity of the taxes or accuracy of the bill, statement or estimate.
Grantee shall be entitled to immediate reimbursement from Grantor, its heirs,
successors, or assigns for any taxes so paid and the obligation created by such a
payment shall bear interest until paid by Grantor at the lesser of 5 percentage points
over the prime rate of interest from time to time charged by the United States National
Bank of Oregon or the maximum rate allowed by law.
9. ENFORCEMENT COSTS. Grantor and Grantee intend that each party shall bear
their own costs in bringing or responding to any action enforcing, judicially or otherwise,
the terms and restrictions of this Conservation Easement against Grantor, its heirs,
successors, personal representatives or assigns, including without limitation, costs of
suit and attorney fees. Any costs of restoration necessitated by violation of the terms of
this Conservation Easement by Grantor, its successors, personal representatives, or
assigns, shall be borne by Grantor, its heirs, successors, personal representatives, or
assigns.
10. HOLD HARMLESS. Each party (the indemnifying party) shall defend and
indemnify the other parties, their officers, agents, and employees (the indemnified
parties), from any and all claims, actions, costs, judgments, damages or other expenses
resulting from injury to any person (including injury resulting in death), or damage to
real or tangible personal property (including loss or destruction), caused by the
negligence or other tortious acts of the indemnifying party (including, but not limited to,
acts and omissions of the indemnifying party's officers, employees, agents, contractors,
and subcontractors). The obligations stated in this section shall be subject to the
following conditions:
(A) The indemnifying party shall be notified in writing of any claim promptly after
the indemnified party becomes aware of it;
(B) The indemnifying party has sole control of the defense of such claim and of
all negotiations for its settlement or compromise; and
(C) The indemnified party gives the indemnifying party information reasonably
available and assistance necessary to facilitate the settlement or defense of such claim
and, to the extent permitted by law, the indemnified party makes any defenses available
to it available to the indemnifying party.
The indemnifying party's indemnity obligation under this section shall be reduced to the
extent by which the liability, damage, or expense results from the negligence or other
tortious acts of the indemnified party, the indemnifying party's officers, employees, or
agents, or a third party.
11. GRANTEE'S DISCRETION. Grantor intends that the enforcement of the terms and
provisions of the Conservation Easement shall be at the discretion of the Grantee and
any forbearance by Grantee to exercise its rights hereunder in the event of any breach
hereof by Grantor, its heirs, successors, personal representatives, or assigns, shall not
be deemed or construed to be a waiver of Grantee's rights hereunder in the event of
any subsequent breach.
12. WAIVER OF CERTAIN DEFENSES. Grantor hereby waives any defense of laches,
estoppel, abandonment or prescription.
13. ACTS BEYOND GRANTOR'S CONTROL. Nothing contained in this easement
shall be construed to entitle Grantee to bring any action against Grantor for any injury to
or change in the Property resulting from causes beyond Grantor's control, including,
without limitation, fire, flood, storm, and earth movement, and from any prudent action
taken by Grantor under emergency conditions to prevent or mitigate significant injury to
the Property resulting from such causes.
14. ACCESS. Grantor agrees that the Property shall be maintained for the use and
enjoyment of the general public. No restrictions on such use shall be made which
would have the effect of being discriminatory and all use of the Property shall be
consistent with the terms and purposes of this conservation easement.
15. CHANGE OF CONDITIONS.
(A) If in the opinion of Grantee circumstances arise in the future that render the
purpose of this easement impossible to accomplish, this easement can only be
extinguished or terminated by Grantee, whether in whole or in part, by judicial
proceedings in a court of competent jurisdiction brought by Grantee. The amount of
proceeds to which Grantee shall be entitled, after satisfaction of prior claims, for any
sale, exchange, or involuntary conversion of all or a portion of the property subsequent
to such extinguishment or termination, shall be the stipulated fair market value of the
easement, or portion thereof, as determined in accordance with paragraph 15(C).
(B) In making this grant, Grantor has considered the possibility that uses
prohibited by the terms of this easement may become more economically valuable than
permitted uses; that neighboring properties may in the future be put entirely to such
prohibited uses; or that Grantor, its heirs, successors, or assigns may be unable, or find
it unprofitable, to conduct or implement any or all of the uses permitted under the terms
of this easement. It is the intent of both Grantor and Grantee that any such changes
shall not be deemed to be circumstances justifying the termination or extinguishment of
this easement pursuant to paragraph 15(A).
(C) This easement constitutes a real property interest immediately vested in
Grantee, which, for the purposes of paragraph 15(A) and (D), the parties stipulate to
have a fair market value equal to one hundred percent (100%) of the fair market value
of the property unencumbered by the easement. This provision shall be amended by
the Grantor and Grantee, if necessary, to conform to any contrary final determination of
the IRS or court of competent jurisdiction. For the purposes of this paragraph, the ratio
of the value of the easement to the value of the property unencumbered by the
easement shall remain constant. In addition, the parties stipulate that one hundred
percent (100%) of any net profits from any income received relating directly to the
ownership of the property, its timber, minerals or other natural resources should any
such receipts be allowed under the terms and provisions of this easement shall be
dedicated to the future maintenance and management of the Property.
(D) If all or part of the property is taken by an exercise of the power of eminent
domain or acquired by purchase in lieu of condemnation, whether by public, corporate
or other authority, so as to terminate this easement, in whole or in part, Grantor and
Grantee shall act jointly to recover the full value of the interests in the Property subject
to the taking or purchase in lieu of taking and all direct and incidental damages resulting
therefrom. All expenses reasonable paid by Grantor and Grantee in connection with
such an action shall be paid out of the amount recovered. Grantee shall be entitled to
one hundred percent (100%) of the balance of the amount recovered.
(E) Grantee shall use any proceeds received under the circumstances described
in this section 15 in a manner consistent with its conservation purpose, which are
exemplified by this grant.
16. ASSIGNMENT. This easement is transferable, but Grantee may assign its rights
and obligations under this easement only to an organization that is a qualified
organization at the time of transfer under Section 170(h) of the Internal Revenue Code
(or any successor provision then applicable), and authorized to acquire and hold
conservation easements under then applicable Oregon law or the laws of the United
States. As a condition of such transfer, Grantee shall require that the conservation
purpose that this grant is intended to further continue to be carried out. Grantee agrees
to give written notice to Grantor of an assignment at least 20 days prior to the date of
such assignment. The failure of Grantee to give such notice shall not affect the validity
of such assignment nor shall it impair the validity of this easement or limit its
enforceability in any way.
17. SEVERABILITY. If any provision of this Conservation Easement or the application
thereof to any person or circumstance is found to be invalid, the remainder of the
provisions of this Conservation Easement and the application of this instrument to
persons or circumstances other than those to which it is found to be invalid shall not be
affected thereby.
18. LIBERAL CONSTRUCTION. Any rule of construction to the contrary
notwithstanding, this easement shall be liberally construed in favor of the Grantee to
effect the purpose of this easement. If any provision in this instrument is found to be
ambiguous, then an interpretation consistent with the purpose of this easement that
would render the provision valid shall be favored over any interpretation that would
render it invalid.
19. SUBSEQUENT TRANSFER. The Grantor agrees that the terms, conditions,
restrictions, and purposes of this grant will be inserted by it in any subsequent deed or
legal instrument by which Grantor divests itself of any interest in the Property including,
without limitation, a leasehold interest. Grantor further agrees to give written notice to
grantee of the transfer of any interest at least twenty (20) days prior to the date of such
transfer. The failure of Grantor to perform any act required by this paragraph shall not
impair the validity of this easement or limit its enforcement in any way.
20. RECORDATION. This instrument shall be recorded in the Official Records of
Jackson County, Oregon, in a timely fashion by the Grantor and prior to any transfer of
any interest in the Property by the Grantor.
21. ESTOPPEL CERTIFICATE. In the event of any pending sale of the Property, then
upon request by Grantor, Grantee shall within thirty (30) days execute and deliver to
Grantor any document including an estoppel certificate which certifies Grantor's
compliance with any obligations of Grantor contained in this easement and otherwise
evidences this easement as may be requested by Grantor.
22. ENTIRE AGREEMENT. This instrument sets forth the entire agreement between
the parties with respect to the easement and supersedes all prior discussions,
negotiations, or agreements relating to the easement, all of which are merged herein.
23. NOTICES. Any notice, demand, request, approval, consent or communication that
either party desires or is required to give to the other shall be in writing, either served
personally or sent by first class mail, postage prepaid, addressed as follows:
TO GRANTOR: City Administrator City of Ashland 20 East Main Street Ashland, OR
97520 and to: Parks Director Ashland Parks and Recreation, 340 South Pioneer Street
Ashland, OR 97520;
TO GRANTEE: Southern Oregon Land Conservancy PO Box 954, Ashland, Oregon,
97520.
24.S000ESSORS. The covenants, terms, conditions, and restrictions of this easement
shall be binding upon and inure to the benefit of the parties hereto and their respective
personal representatives, heirs, successors, and assigns, and shall continue as a
servitude running in perpetuity with the Property.
TO HAVE AND TO HOLD unto Grantee, its successors and assigns, forever.
IN WITNESS WHEREOF, Grantor and Grantee have set their hands on the day and
year first above written.
GRANTOR: GRANTEE:
City of Ashland, SOUTHERN OREGON LAND
A municipal corporation CONSERVANCY, INC., an
Oregon nonprofit corporation
By: Catherine M. Shaw By: Daniel S. Kellogg
Title: Mayor Title: President
STATE OF OREGON }
}ss.
County of Jackson } ' 1999
Personally appeared the above named , the Mayor
of the City of Ashland, and acknowledged the foregoing to be the act of the municipality
by resolution of its City Council, and that she executed said document on behalf of said
municipality.
Before me:
Notary Public for Oregon
My Commission Expires:
STATE OF OREGON )
)ss.
County of Jackson ) ' 1999
Personally appeared Daniel S. Kellogg, the President of SOUTHERN OREGON LAND
CONSERVANCY, INC., an Oregon nonprofit corporation, and acknowledged the
foregoing to be the act of the corporation by resolution of its board of directors, and that
he executed said document on behalf of said corporation.
Before me:
Notary Public for Oregon
My Commission Expires:
Council Communication
Administrative Services Department
August 3, 1999
Public Information, Communication & Marketing Plan
Submitted by: Dick Wandersche
Approved by: Mike Freeman
Title:
Update on implementation of the City's Public Information, Communication& Marketing Plan
Synopsis:
On September 15, 1998,the City Council approved the City's first Public Information,
Communication & Marketing Plan. The first update on the progress of implementation of this
Plan was presented to the Council on January 19, 1999. This is a second update.
Recommendation:
For discussion purposes only; no formal action is required by the Council.
Background Information:
In 1995, one of the City Council goals was "To improve communication to and from the City of
Ashland and its citizens." Subsequently, the Mayor appointed an Ad Hoc Citizen's
Communication Committee to help develop a plan to achieve this goal. This committee began
meeting in late 1995 and its plan was submitted to and adopted by the City Council in late 1996.
Based on the Ad Hoc Committee's work and staff input,the first version of the Public
Information, Communication and Marketing Plan was developed and presented to the Council on
July 22, 1998. After a discussion with the Council and a subsequent meeting with the Ad Hoc
Citizen Communication Committee, a number of changes and additions were made to the first
draft. The revised draft was presented to the Council and adopted on September 15, 1998.
Public Information, Communication & Marketing Plan
Second Update
August 3, 1999
On September 15, 1998, the Ashland City Council approved this Plan. Since this is both a new document and a
new effort by the City, it is important to provide a timely update on the implementation progress and also get
feedback from the council. All the goals of the Plan are listed below with a discussion of progress made, if any,
on each item.
MAJOR GOALS
1. Ensure the Mayor and City Council are an active and integral part of the overall city communication
strategy.
A. Ensure the Mayor and Council are actively involved in the evaluation of the effectiveness and
benefits of implementation of this plan.
This first update and this update of the Plan and associated discussion will ensure the active
involvement of the Council in evaluation of the Plan.
Focus on making public meetings as accessible and comfortable as possible for citizen participation
and input.
Upgrade of the audio and video equipment in the Council Chambers is included in the FY 99-00
Budget and S.0.U is coordinating the bidding of this equipment with procurement of equipment for
Jackson County. he format of Council meetings had not been addressed. Also, the Council is
considering usi g different methods to meet with the public during the upcoming budgeting and
strategic plan rocess for ne�xt,yegr. Ck5C015�� _. A d �0 Cpl W.
C. Where appropriate, commit to attend or host either regular or special y convened meetings of
established volunteer or civic groups to discuss city issues and receive input from citizens.
Staff regularly attends a number of civic and volunteer group meetings like the Ashland Watershed
Partnership, Downtown Business Association and the Ashland Chamber of Commerce.
D. Create, whenever appropriate, informal opportunities for citizens to express ideas, values and
concerns regarding city related issues.
The two water supply forums, the AFN forum, the Ski Ashland Expansion Forum and the Y2K forum
are successful examples of providing informal opportunities for citizen participation. We are also
going to utilize an issue of the City Source for feedback on its content, and are exploring the
purchase of CIVICALL to monitor and follow up on citizen phone input.
E. In designing future public participation processes for city projects, become more mindful of effective
ways to engage meaningful public involvement. This will require more concentration and focus on
the actual design of the process initially. This also means setting the parameters of the projects that
the public can expect to be able to impact by its involvement.
This item is a part of our Strategic Planning Work Plan and it should be accomplished by December
1999.
F. Adhere to a strong policy of consideration for new candidates to replace committee and commission
members who have served two complete terms.
Implemented.
G. Create, at least annually, an opportunity for citizens to comment on the City Communication Plan
and efforts in this area.
This will be done in the fall of 1999.
II To evaluate the feasibility of implementing the remainder of the Ad Hoc Citizen's Communication Plan.
A. Sponsor an annual celebration/open house for the public, boards, commissions and committee
members to meet and interact with City Councilors and staff and also to learn about the many ways
to volunteer time in the city.
This was held from 3:00-5:00 p.m. on April 29, 1999 and was a highly successful event. We plan on
doing this annually in the spring, usually near Volunteer Recognition Week, which is most often in
late April. It was suggested that future events be held from 4:00-6:00 p.m. to allow for people who
work until 5:00 an opportunity to attend
B. Implement a phone line at City Hall to provide residents with taped information updated weekly on
city meetings and meeting changes.
This has not been implemented and staff does not feel it makes sense to do this, especially in light of
our newly improved web page.
C. Explore and critique past city issues with respect to citizen input to determine what worked and what
did not. Notable areas for coordination should at least include the water and telecom public forums,
the hillside and LID process, neighborhood planning processes and charrettes.
This will be done as part of the strategic planning action item dealing with citizen involvement. It
should be completed by December 1999.
D. Create opportunities for citizen input on the questions asked in the city's annual community attitude
surveys.
No survey was budgeted for FY 99-00. We are planning a survey for FY 00-01, which would occur
during late summer/early fall of 2001. At that time, the public will be given an opportunity to
provide input.
E. Assess other municipalities and governments for innovative ways to provide information, receive
input and communicate with citizens.
Public Information,Communication& Marketing Plan Update 2
August 3, 1999
We have obtained numerous pieces of information from around the country, including newsletters,
budget notes and various other communication plans and documents. Also, the city has joined
3CM4 (The City-County Communication & Marketing Association) which provides us with access to
a vast array of both communication materials and ideas, and also to individuals involved with
communications. This is an ongoing process which on we are continually working.
III. To work with the City Council to develop an overall Communication Strategic Plan for the city. The
plan will explore opportunities to improve existing internal and external communications. Specific
examples of ideas to implement this goal may include:
A. External communication activities by departments:
1. General (all departments)
a. Provide training to city staff on the value of citizen involvement and how
incorporating citizen values, knowledge and expertise will result in better decision
making by the city. This training will also provide resources that can help involve
citizens in decisions and ensure the input is used to guide these decisions.
Upper and middle management have been provided training on "Media Relations
"Reconnecting with the Public" and "Marketing Your Budget". Also, department
heads and middle managers have a joint meeting at least every six months and a
training advisory sub-group meets with City Administration to identify additional
training opportunities. Staff will continue to explore additional training needs.
b. Provide support for all city departments to help them with development of media
publications, advertising, marketing, public education and informational materials.
Administrative Services in general and the Marketing& Communication Manager
specifically is providing this service. We have also acquired Microsoft Publisher and
hope to help departments develop in-house expertise on using it to develop
infrastructural materials for distribution to the public.
c. Facilitate internal training needs of management for media relations,public
information and public participation skills.
Media relations training has already been provided for department heads. The
Police Department invited local media to give input on how the departments provide
information to the media. This was very well received by the media. Staff will
continue to explore additional training opportunities.
d. Develop a common look or "template" for city documents and publications.
We hope to do work on this in FY 99-00.
2. Public Works
Public Information, Communication& Marketing Plan Update 3
August 3, 1999
a. Help Public Works develop a water quality report for the city's water utility which
will comply with the Federal Safe Drinking Water Act, and more importantly, will
educate citizens of the care and effort taken by the city to provide citizens with very
high quality water.
Completed July 1999.
b. Help with the public participation and two-way communication process for both the
Waste Water Treatment Plant upgrade and the comprehensive water study.
Implemented.
c. Help to continue to foster the positive relationship between the city and the Ashland
Watershed Partnership on environmental and Public Works related activities.
City staff continues to be very involved with the Ashland Watershed Partnership.
d. Help to promote a watershed education project.
The Water Quality Report provides a lot of useful information to Ashland's
citizens about the Ashland Creek Watershed.
3. Electric/Telecom Utilities
61Help develop an Electric Utility Strategic Marketing Plan to help position the city's
//electric utility to not only survive but thrive in a deregulated utility market.
Not implemented.
b. Help develop a Telecom Utility Strategic Marketing Plan to assist in marketing new
telecommunication services to Ashland's citizens and businesses.
We have established an internal staffAFN implementation group to work on this.
Also, we have a contract with a marketing firm to help us market AFN products.
c. Help the city's electric and telecom utilities bundle and brand its products into an
effective overall marketing approach.
Not Implemented
4. Public Safety
a. Help the city's Police Department publicize,.promote and successfully implement its
citizen's academy.
Public Information,Communication& Marketing Plan Update 4
August 3, 1999
The first academy was successfully completed and was highlighted in the February
City Source. The next one scheduled for fall 1999 will be featured in the August City
Source.
b. Help to produce informational materials and/or videos for the Police Department on
an overview of the Ashland Police Department used for recruiting and public
information, on t he DARE Program and about public safety for SOU foreign
students.
Implemented.
c. Help to produce informational material and/or a video for the city's Fire Department
on an overview of the Fire Department, including fire and ambulance operations and
emergency management training and code enforcement.
Implemented.
5. Finance
a. Help to develop a citizen friendly short booklet that briefly explains the city
budget process,where funding comes from, how money is spent by the city
government, and how citizens can get involved in making budget decisions.
Will be distributed in August 1999.
b. Help to develop informational material on the local improvement district(LID)
process, how it works, how they are formed and paid for, etc.
Not implemented.
c. Help to develop informational materials on system development charges (SDCs), how
they are set, paid for and how they are limited by state law, etc.
Not implemented.
6. Community Development
a. Help to decide and implement the best way to publicize, involve the community and
create a two-way communication process in the Planning Commission/Department's
revision to the riparian sections of the city's land use ordinances.
We are working with RVTV to produce an educational video on this subject and we
will continue to provide support to Community Development on involving the public
in this process.
b. Help to develop informational materials and/or videos on the building process,
planning process, code enforcement and street standards.
Public Information,Communication& Marketing Plan Update 5
August 3, 1999
Not implemented.
B. Internal Communication
1. Meet with employees on a regular basis to promote internal communications, both to and from
employees, about city issues and activities.
The first city employee survey was designed by a group of city employees and conducted by
S.0.U That group analyzed the results and recommended some changes to respond to the
survey.
Also, the City Administrator and Assistant City Administrator have been having brown bag
lunches with field employees to discuss city issues and answer questions.
In addition, the City Administrator has been advising employees via e-mail about actions taken
by the City Council after each Council meeting and periodically updates employee in "big"
issues via a `News You Can Use" e-mail. Also, "City Focus", a twice a year newsletter by the
City Administrator, updates all City employees on ongoing issues and Council activities.
2. Enhance the city's internal newsletter by improving its look, content, schedule and employee
participation.
Implemented.
3. Provide a centralized point of contact and coordination internally for the many activities
conducted by the city. This will allow a better overall practice of our efforts and make sure
different city departments are not providing conflicting information.
The staff ofAdministrative Services has met with all department heads to assess various ways
that information is disseminated, discuss areas where help is needed and begin the process of
sorting out the most efficient way to work on this item.
4. Provide training to city staff in the area of conducting and facilitating effective public meetings,
the value of effective citizen participation, and ways to encourage and embrace it.
The 'Reconnecting with the Public"training, which was attended by all the city department
heads and some additional mid-managers and staff, was in December. During FY 99-00 it is
planned to provide training to department heads and mid-managers on how to effectively
facilitate and manage public meetings.
IV Provide timely information to the public and enhance opportunities for public input on city activities.
Some specific ideas in this area may include:
A. Implement a high quality monthly city newsletter that will be delivered to all Ashland citizens
and businesses.
Public Information,Communication& Marketing Plan Update 6
August 3, 1999
This was implemented January 1999.
B. Work with SOU, the Ashland Chamber of Commerce, the Ashland League of Women Voters and
other appropriate entities to sponsor public forums on city issues that warrant a high level of
public awareness and input.
The two water forums, the Y2K forum, the AFNforum, the Mt. Ashland Expansion forum, and
the Ashland Watershed Protection Plan forum are all examples of ways this item is being
implemented.
C. Improve the look and functionality of the city's web pages.
This item has been implemented but we are constantly working to enhance this form of
communication.
D. Implement CIVICALL or similar software to track and follow citizen input and complaints about
city services and activities.
We hope to analyze the costs and benefits of CIVICALL in FY 99-00.
E. Conduct annual citizen attitude surveys and focus groups to help gauge the effectiveness of city
services and offerings and measure attitudes about city government.
This next survey is scheduled for fall 2000.
F. Enhance and coordinate the city's utility bill inserts to improve information flow to citizens and
also to provide a longer term planning process for information that is included.
Not implemented, but we will begin work on this in the next three months.
G. Continue to strengthen and enhance our relationship with RVTV and utilize its state of the art
facilities to create opportunities and projects to deliver information to Ashland citizens.
We have been working with RVTV on video projects and many other initiatives. Some examples
are the AFN call-in shows, taping and rebroadcasting of the community forums, and designing
and bidding out the upgrade to the audio and video facilities at the Council Chambers.
V To enhance and improve community and media relations. Some specific areas that might be addressed
are:
A. Designate a liaison to be the city's main contact point with SOU, the Ashland Chamber of
Commerce, the Ashland School District, the Oregon Shakespeare Festival, and the U.S. Forest
Service to coordinate items of mutual interest and of interest to the public.
We have had joint management meetings with both SOU and the Ashland School District to
discuss areas of mutual interests and concerns, and to better coordinate projects that affect our
Public Information,Communication& Marketing Plan Update 7
August 3, 1999
organization. We plan on continuing these meetings on a periodic basis to ensure continued
close coordination with these groups.
Also, the City Administrator's participation with the Ashland Coalition provides good
communication with additional community groups.
B. Work to establish a civic journalism partnership with SOU, and possibly the League of Women
Voters and local media, to provide real world opportunities for journalism students and also gain
a valuable method of explaining complex city related issues to citizens.
Not implemented.
C. Arrange a media tour with all Rogue Valley media to introduce city staff to media staff, improve
the working relationship and establish contact points for future media related items.
We hope to do this within the next three months and the tour will focus on the launch of
additional AFN services.
Public Information, Communication& Marketing Plan Update 8
August 3, 1999
The following is a partial list of articles that have appeared in the City Source since
January 1999.
The Open Space Plan 10 Years Later.
Year 2000 Pro-active Approach
Biking and Walking Just Got Easier
Citizen Academy
Citizen Survey Results
Calle Guanajuato Restoration
Wastewater Treatment and Wetlands Update
Ashland Community Hospital Restructuring
Strategic Planning Process Part I and Part II
Riparian Ordinance Update
AFN updates
Commission Open House
Understanding Local Improvement Districts
Y2K updates
Proposed 1999-2000 Budget Update
Ashland Fiber Network Programming
Ashland Forest Lands Management
Council Approves Library Bond Measure
AFN Provides Services for Teachers and Students
Council Approves Millennium Budget
Conversion of Power Lines from Overhead to Underground
Police and Fire Departments offer classes for Residents
City Council Communication
Administration
Strategic Planning Update
August 3, 1999
Submitted by: Mike Freeman
Title:
Update on the implementation of Council's 1999—2000 Goals.
Synopsis:,
The City Council adopted several goals for the 1999—2000 Fiscal Year. Attached is an update on the
implementation of these goals.
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City Council Communication
Administration/Community Development
Economic Development Strategy Committee
August 3, 1999
Submitted by: Mike Freeman.John McLaughlin
Title:
Discuss/finalize the process to use for updating the economic development chapter of the City's
Comprehensive Plan.
Synopsis:
As part of the City's strategic planning process for 1999—2000, the Council adopted a goal to: "Develop
printed materials that clearly outline the goals of the City of Ashland which impact business relocation
to/within the community." The staff have recommended and Council agreed, that at the same time, the
City's Comprehensive Plan section on economic development should be updated. At the July 22, 1999
Study Session, Council and staff discussed a proposed process for updating this part of the plan.
Attached is a proposed process for the committee to follow.
Recommendation:
Staff recommends that Council review and move to adopt the proposed process for updating the City's
economic development section of the comprehensive plan and give direction to staff regarding who
should serve on this committee.
Ashland Economic Development Strategy Committee
In 1999, the Ashland City Council adopted a goal to update the City's Economic
Development goals and objectives found in the Comprehensive Plan and to further
develop materials that outline the City's economic development goals and objectives.
The City's economic development goals and objectives are nearly 10 years old and in
need of review. City Council formed a committee made up of community members and
representatives from organizations involved in economic development to assist them in
meeting their goal.
"Givens"
The City Council has adopted several long-standing policies the committee should keep
in mind as they develop economic development strategies and recommendations.
P ject"Givens"
1 The City does not offer financial incentives for companies to locate a business in Ashland;
2. The City will not compromise high quality standards for development;
3. The City requires that all businesses follow planning and building procedures;
4. The City will not waive or reduce system development charges, fees, permits costs, etc. for
development; and
5. The City Council is the final decision making body-they may or may not implement the
recommendations of the committee.
Process
Over the next six months, the City Council charges the Economic Development Strategy
Committee to do the following:
mittee Process:
ALJ� 1. Review the City's Comprehensive Plan, Economy chapter, paying attention to the section
called "The Future" and the "Goals" found at the back of the chapter. Determine if the
existing Economy section of the comprehensive plan meets the community's current and
emerging economic development needs.
2. Review the roles and responsibilities of the various organizations (i.e. Chamber, City, SOU,
SOREDI, etc.) involved in economic development. Determine if the roles and
responsibilities of the various organizations need to be clarified or modified and are meeting
the needs of the City.
3. Develop a written report outlining the committee's recommendations and make a formal
presentation to the City Council. Q 6Q d O 4 e4p( /-mod{
City Process: J J
1. Staff preparation of proposed changes to the Comprehensive Plan.
2. Public Hearing on proposed changes before the Planning Commission.
3. Adoption of changes to Comprehensive Plan by City Council.
4. Develop written materials outlining the City's economic development policies and
procedures.
Possible Committee Membership
City Council: ??
Planning Commission: ??
City Staff: Mike Freeman, John McLaughlin
Chamber: Sandra Slattery
SOU: Steve Reno
SOREDI: ??
Business Owners/Leaders: ??
High-Tech: Jim Teece
Ashland Downtown Business Association: ??
Friends of Ashland: ??
Citizens: ??
Others: ??
08/03/99 16:27 $5417766262 ENVIRONMENTOUALT ,�4 CITY HALL-ADMIN. Z002
theta"
regon Department of Environmental Quality
Western Region
John A.K tzhabct,M.D.,Governor 201 W Main,Suite 2-D
August 2, 1999 (�O FT
Medford,1)776-6010
\J �J FAX(541) 776-6262
Mr. Kenneth W. Kaufman, Environmental Health Specialist, ESC
Oregon Health Division
Environmental Toxicology Section
800 NE Oregon Street#21
I Portland, OR 97232-2162
Re! City of Ashland
File No. 3780
Draft Effluent Reclamation and Reuse Plan
I Dear Ken.
We appreciate your participation in the discussion on the telephone on August 2, 1999 regarding
the Oregon Health Division review of the Draft Effluent Reclamation and Reuse Plan proposed by
the City of Ashland. Based upon today's discussion, I am confident that both the Department and
the City of Ashland are committed to ensuring that the project will be protective of public health,
although several concerns or questions were raised about the Health Division's initial review.
It was helpful in today's discussion to clarify that your recent letter dated July 15, 1999 to Jon
Gasik, ODEQ was a preliminary assessment between you and Jon Gasik, subject to further
review and/or revisions to the Ashland reuse project. I understand that Rob Norton and Paul
Schuler of Carollo Engineers, Inc.will be meeting with you in the next few days to further explain
details of the draft effluent reuse plan.
Staff from ODEQ, Oregon Health Division, and City of Ashland will then meet at the Medford
ODEQ office on August 12, 1999 to go over the technical aspects of Ashland's proposal. We look
forward to seeing you at that time,
Thanks again for taking the time to be part of the discussion today with the mutual purpose of
providing for use of reclaimed waters for beneficial purposes utilizing methods that assure the
health of Oregonians and the environment of the state are protected.
Sincerely,
Dennis Belsky, Manager
ODEQ Western Region Water Quality/South
Cc: Paula Brown, Director of Public Works, City of Ashland, City Hall, Ashland, OR 97520
Robert Norton, Carollo Engineers, 5100 SW Macadam, Suite 400, Portland, OR 97201
Steven Greenwood, ODEQ-Eugene
Paul Kennedy, ODEQ-Roseburg
Jon Gasik, ODEQ-Medford
DEQ/5WR 103
" r - qq Department of Human Resources
. �=- regon Health Division
Bonn A.Krtzlubcr,M.D.,Governor 800 NE Oregon Street N 21
Portland, OR 97232-2162
(503) 731-4030 Emergency
July 15, 1999 (503)
FAX (503)
John Gasik, Permit Coordinator T Y=Nonvoice (503) 731-4031
Department of Environmental Quality
Medford Office
201 W Main Street
Suite 2-D
Medford OR 97501
Re: Draft Effluent Reclamation and Reuse Plan, City of Ashland, October 1998
Dear Mr. Gasik;
I have reviewed the draft reclamation and reuse plan for summer irrigation of
Ashland's treated sewage effluent; and the detail drawing sheets for the project
which were prepared for the Oregon Clean Water State Revolving Fund Project
application.
This is to confirm several e-mail and phone discussions with you and others in your
agency regarding my review. We have been discussing three issues:
1. The terrain of the site and the presence of streams, springs, an irrigation canal,
private property and public roads located downhill from irrigation sites presents
a high degree of runoff potential that could reach human beings off-site- I am
assured that by using retention berms, and by careful monitoring of amounts of
water applied in specific areas on the site the city can assure that no runoff to
streams or off-site locations will occur.
2. I am concerned that the method of disinfection proposed is ultraviolet light
only, and the point of treatment is upstream of the final effluent storage ponds.
UV disinfection has the distinct disadvantage of leaving no disinfection
residual. There is considerable potential for microbial regrowth to occur in the
enriched, warm waters of the holding ponds. I generally recommend that
Assisting People to Become Independent, Healthy and Safe
e An Equal Opportunity Employer
as-.e
Page 2
Jon Gasik, DEQ
Ashland Reuse Plan
chlorination be applied as near to the point of land application as is possible,
and that chlorination process be designed to ensure at least 1 ppm free chlorine
residual after at least 30 minutes of contact time.
3. The proposed application of effluent through "big gun" spray heads is a major
public health concern. High pressure elevated spray heads inevitably create
aerosol. This means of application and the proximity of public roads and
unrestricted adjacent properties present serious aerosol exposure potentials.
The objective needs to be avoidance of any human exposure to aerosols.
Aerosol, if inhaled needs to be chemically safe and sterile. The minimum
specified buffer strips of 70' are not at all adequate to prevent human exposure
to aerosol. At wind speeds of 2 mph or less, aerosolized organisms can travel
for miles. Aerosol from level two or even level three effluent is not safe for
human inhalation.
We recommend the addition of chlorination at the point of entry into the irrigation
delivery system, and that the distribution plan include Iow-elevation, low-pressure
sprinkler heads. I would be glad to discuss these issues with you, the consulting
firm for the city or city officials.
Sincerely:
e eth W. Kauffmyh
Environmental Health Specialist, ESC
Environmental Toxicology Section
Oregon Health Division
cc: Duncan Gilroy, Toxicologist
Ron Hall, ESC Manager
John Manwaring, Jackson County Env Health
Robert Norton, Carollo Engineers, 5100 SW Macadam Ave, Suite 440
Portland OR 97201
ryf_. CITY HALL
CITY OF ASHLAND
ASHLAND.OREGON 97520
July 26, 1999
Mr. Tom Johnson—Director
Center for Environment and Health Systems
Oregon Health Division
800 NE Oregon Street #21
Portland, OR 97232-2162
Re: CITY OF ASHLAND - EFFLUENT AND RECLAMATION REUSE PLAN
Dear Mr. Johnson,
Several staff members within the City have reviewed a copy of your letter of July 15, 1999 addressed
to Mr. Gasik, Department of Environmental Quality, Medford Office. As you did not copy the City
of Ashland on this letter, our consultant's office was kind enough to forward a facsimile copy. In that
letter, you raise serious concerns regarding the reuse of Level II effluent for agricultural irrigation.
You expressed concern regarding ultraviolet(UV) disinfection stating that UV disinfection leaves no
disinfection residual. This is true. It should also be noted that effluent stored following chlorine
disinfection would also not have a residual and the reclaimed water would have the same opportunity
for regrowth. Using UV, we are achieving the same disinfection limits as would be obtained with
chlorine disinfection and further helps us eliminate previously contested toxicity issues during times
when we discharge to the creek. Oregon Administrative Rules, Chapter 340, Division 55 —
Department of Environmental Quality, Table 1 (OAR 340-55-015) (attached) lists Oregon's effluent
quality limitations. The City will be meeting those limitations. There are no requirements that the
effluent contain a chlorine residual.
You state that the application of the reclaimed water through "big gun" spray heads is a"major public
health concern". On what epidemiological evidence do you support this claim? Our review of the
literature has not found evidence of"major public health concerns" from aerosols even from
undisinfected effluent or aeration basin aerosols, let alone disinfected effluent. The City would like to
review the scientific studies that you relied upon to support this claim. The City of Ashland
respectfully requests that you withdraw these comments.
Note that OAR 340-55-015(4)(d) states that DEQ may reduce buffer distances shown in Table I "if it
determines that alternative controls as specified in the permit will adequately protect public health and
the environment. Alternative controls may be, but are not limited to, valves that are activated by wind
speed or direction, low trajectory sprinklers or remoteness of the site to incompatible uses." This
strongly suggests that the buffers shown in Table 1, which the City is exceeding, are viewed by the
OARS as a maximum that is protective of public health.
You state that the "aerosol, if inhaled, needs to be chemically safe and sterile". I find it difficult to
comprehend that any irrigation water or even potable drinking water within the United States is
"sterile". It is the City's understanding that reclaimed water can be applied if it meets the
requirements and effluent limitations of Table 1. The City of Ashland is proposing to fully meet or
K. W. Kauffman
Oregon Health Division
July 26, 1999 `
Page 2
exceed those requirements and limitations. Those effluent limitations are far short of requiring
"sterile" reclaimed water.
You state that"aerosol from Level II or even Level III effluent is not safe for human inhalation".
Please document the epidemiological evidence supporting this claim. You should also note that both
Level III and Level IV water have the same disinfection requirements. Having such identical
disinfection requirements, your statement should also apply to Level IV water. Note that Level IV
water can be used on parks, playgrounds, schoolyards, and golf courses with contiguous residences.
What you are in effect saying is that no reclaimed water in this state should be used where there is
potential for human contact with aerosols from the reclaimed water. This is directly inconsistent with
the Oregon Administrative Rules and is directly inconsistent with the use of reclaimed water
throughout the western United States and in other areas around the world.
It is our objective to find a solution for our wastewater disposal that is protective of public health and
environmentally responsible. It is the City's understanding that by satisfying the Oregon
Administrative Rules and other specific Department of Environmental Quality NPDES and related
permits regarding wastewater reclamation and reuse, that this would be fully protective of public
health. Table I has specific Oregon Health Division advisory notices and other recommendations,
which the City fully understands and supports.
Your letter jeopardizes wastewater effluent reclamation throughout the State of Oregon by suggesting
that any exposure to reclaimed effluent poses a "major public health concern". The City views your
statements as irresponsible and requests that you retract and withdraw the subject letter.
Very truly yours,
Mike Freeman
City Administrator
Enclosure
Cc (with the referenced letter and enclosure):
Langdon Marsh,Director-Oregon Department of Environmental Quality
Steve Greenwood, Regional Director-ODEQ, Eugene
Jonathan Gasik,Environmental Engineer, ODEQ, Medford
Elinor Hall, MPH—Administrator,Oregon Health Division
Grant Higginson, MD, MPH -State Health Officer
Ron Hall—OHD, EHS, Environmental Services and Consultation, Manager
Ken Kauffman- OHD, EHS, ESC Environmental Health Specialist, Environmental Toxicology Section
Robert Eimstead, Principal, Carollo Engineers
Mike Freeman,City Administrator
Duncan Gilroy-OHD, EHS, ESC Toxicologist
John Manwaring,Jackson County Environmental Health
F:UJSERIPAUTA%WWrPMUFMANRESPONSE.WPD 2
City Council Communication
Department of Community Development
Planning Division
RR Property Zone Change
August 3, 1999
Submitted by: John McLaughlin
Approved by: Mike Freeman rl;k.
Approved by: Paul Nolte k-/
Title:
Second reading of"An Ordinance Amending the Comprehensive Plan Map, and the Detail Site
Review Zone Map for the Property North of the Railroad Tracks Between Oak Street and North
Mountain Avenue."
Synopsis:
This ordinance initiates re-zoning of the railroad property north of"A" Street.
Recommendation:
It is recommended that council adopt the ordinance after second reading.
Background:
This ordinance was presented for first reading at the July 20, 1999 council meeting.
ORDINANCE NO.
AN ORDINANCE AMENDING THE COMPREHENSIVE PLAN MAP, ZONING MAP,
AND THE DETAIL SITE REVIEW ZONE MAP FOR THE PROPERTY NORTH OF THE
RAILROAD TRACKS BETWEEN OAK STREET AND NORTH MOUNTAIN AVENUE.
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. The Comprehensive Plan Map of the City of Ashland is amended from
Industrial to Employment and the Zoning Map of the City of Ashland is amended from
M-1 to E-1 with a Residential Overlay for the area indicated on attached Exhibit "A".
SECTION 2. The Detail Site Review Zone map is amended to include the area
indicated on attached Exhibit "B".
The foregoing ordinance was first read by title only in accordance with Article X,
Section 2(C) of the City Charter on the day of ' 1999,
and duly PASSED and ADOPTED this day of ' 1999.
Barbara Christensen, City Recorder
SIGNED and APPROVED this _day of , 1999.
Catherine M. Shaw, Mayor
Apv ed as to for
0
Paul Nolte, City Attorney
Exhibit "A"
I WE
I Industrial to Employment
M-1 to It-I.Res' ent iai Oveday
wm
Exhibit " B"
i'WN
MMMMMMMI, \NXII IMMO-.—
Added to Detail Site Review Zone
—zs
\ D0 0 : o _
Council Communication
Legal Department
OURCA IGA Ordinance
August 3, 1999
Submitted by: Paul Noltey-
Approved by: Mike Freeman
Title:
An Ordinance Authorizing an Intergovernmental Agreement Creating the Oregon Utility
Resource Coordination Association Intergovernmental Agency
Synopsis:
This ordinance authorizes the city, as do similar ordinances to be adopted by other Oregon
municipalities, to join other consumer-owned utilities for the purpose of power purchases and
sales. This ordinance differs from the ordinance presented for first reading. In Section I of the
ordinance the Spring(teld Utility Board has been deleted as a participating entity. The deletion
of the SUB does not make a substantial change in the ordinance or the effectiveness of the
organization.
Recommendation:
Move to adopt the ordinance.
Background Information:
The consumer-owned utilities in Oregon are joining forces through the formation of this new
intergovernmental agency to facilitate the purchase, sale, and distribution and pooling of
electrical energy and capacity.
(C:\W IND0 W S\TEMP\0URCAIG0.W PD)
ORDINANCE NO.
AN ORDINANCE AUTHORIZING AN
INTERGOVERNMENTAL AGREEMENT CREATING THE
OREGON UTILITY RESOURCE COORDINATION
ASSOCIATION INTERGOVERNMENTAL AGENCY
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. Declaration of intent. The City of Ashland, Oregon, by and through its
elected mayor and council, intends to create the Oregon Utility Resource Coordination
Association Intergovernmental Agency (OURCA IGA) pursuant to ORS 190.003
through 190.265 by an intergovernmental agreement (Agreement) with the following
parties: the City of Ashland; Clatskanie People's Utility District; Columbia River People's
Utility District; Emerald People's Utility District; Eugene Water& Electric Board; the City
of Forest Grove, Water & Light Department; McMinnville Water and Light Commission;
Northern Wasco County People's Utility District; and Tillamook People's Utility District
(each of which is referred to individually as a "Party" and collectively as the "Parties'). A
draft of the Agreement is attached as Exhibit A.
SECTION 2. The effective date of the Agreement is August 15, 1999.
SECTION 3. The public purposes for which the OURCA IGA is created is to use any
authority vested in the OURCA IGA to further the economy and efficiency of each Party
by the purchase, sale, generation, transmission, distribution, interchange or pooling of
electrical energy and capacity among the Parties or with others.
SECTION 4. To carry out its public purposes, the OURCA IGA shall have the following
powers, duties and functions, in addition to those specified in ORS 190.003 through
ORS 190.265:
A. To arrange scheduling and dispatching of power, energy, capacity or
transmission for the account of a Party or the OURCA IGA;
B. To purchase power, energy, capacity, assets, generation facilities,
transmission or ancillary services for the account of a Parry or the OURCA IGA;
C. To sell power, energy, capacity, assets, generation facilities, transmission, or
ancillary services for the account of a Party or the OURCA IGA which is not needed to
meet the loads of the Party or the OURCA IGA;
D. To negotiate or advocate for power, energy, capacity, assets, generation
facilities, transmission or ancillary services for the account of a Party or the OURCA
IGA, including related administrative and legal proceedings;
Page 1 - ORDINANCE FAUSERTAWORMOURCA Ordinancempd
E. To study the most economic and efficient procurement of power, energy,
capacity, assets, generation facilities, transmission or ancillary services for the account
of a Party or the OURCA IGA;
F. To perform the administration and accounting of all payments and receipts
related to the purchase and sale of power, energy, capacity, assets, generation
facilities, transmission, or services for the account of a Party or the OURCA IGA;
G. To adopt such bylaws, rules, regulations, and policies as the Parties deem
necessary to further the purposes of this Agreement;
H. To issue, sell or otherwise dispose of bonds, securities, or other forms of
indebtedness, including the power to issue revenue bonds under ORS 288.805 to ORS
288. 945;
I. To exercise all powers pursuant to the applicable acts, charters or law of the
individual Parties which are necessary or desirable to economically and efficiently
develop and operate the OURCA IGA.
The foregoing ordinance was first read by title only in accordance with Article X,
Section 2(C) of the City Charter on the day of 1999,
and duly PASSED and ADOPTED this day of 11999.
Barbara Christensen, City Recorder
SIGNED and APPROVED this day of ' 1999.
Catherine M. Shaw, Mayor
Review d as to for
Paul olte, City Attorney
Page 2 - ORDINANCE FIUSERTAWORMOURCA Ordinance.wpd
EXHIBIT A
INTERGOVERNMENTAL AGREEMENT CREATING
THE OREGON UTILITY RESOURCE COORDINATION ASSOCIATION
INTERGOVERNMENTAL AGENCY
THIS INTERGOVERNMENTAL AGREEMENT CREATING THE OREGON
UTILITY RESOURCE COORDINATION ASSOCIATION INTERGOVERNMENTAL
AGENCY (Agreement) is entered into by and between the following parties: the City of Ashland,
a municipal corporation of the State of Oregon (Ashland); Clatskanie People's Utility District, an
Oregon people's utility district (PUD) formed under ORS Chapter 261 (Clatskanie PUD);
Columbia River People's Utility District, an Oregon PUD formed under ORS Chapter 261
(Columbia River PUD); Emerald People's Utility District, an Oregon PUD formed under ORS
Chapter 261 (Emerald PUD); Eugene Water& Electric Board, a municipal utility of the State of
Oregon (EWEB); the City of Forest Grove, a municipal corporation of the State of Oregon,
acting by and through its Light and Power Department(Forest Grove); the City of McMinnville,
a municipal corporation of the State of Oregon, acting by and through the McMinnville Water
and Light Commission(MW&L);Northern Wasco County People's Utility District, an Oregon
PUD formed under ORS Chapter 261 (Northern Wasco PUD); and Tillamook People's Utility
District, an Oregon PUD formed under ORS Chapter 261 (Tillamook PUD) (each of which is
referred to herein individually as a "Party" and collectively as the "Parties").
RECITALS:
A. WHEREAS, the Parties hereto are authorized to enter into this Agreement creating the
Oregon Utility Resource Coordination Association Intergovernmental Agency(OURCA IGA)
pursuant to their respective principal acts, charters, and ORS 190.003 to 190.265;
B. WHEREAS, each of the Parties operates a consumer-owned electric utility in the State of
Oregon and is authorized to purchase, generate, transmit, distribute, sell and interchange electric
energy within and without their individual boundaries;
C. WHEREAS, the Parties intend to further the economy and efficiency of their respective
consumer-owned electric utilities by forming the OURCA IGA;
D. WHEREAS, pursuant to ORS 190.010, the OURCA IGA may perform any or all functions
and activities that a Party to this Agreement, its officers or agencies, has the authority to perform;
E. WHEREAS, the Parties intend by this Agreement to set forth the parameters, terms, and
conditions pursuant to which the OURCA IGA will act;
F. WHEREAS, the Parties intend to use any authority vested in the OURCA IGA to further the
economy and efficiency of each Party by the purchase, sale, generation, transmission,
distribution, interchange or pooling of electrical energy and capacity among the Parties or with
others;
- 1 -
i
G. WHEREAS, each of the Parties has taken all actions required under applicable acts, charters
and law to authorize the execution and performance of this Agreement;
NOW, THEREFORE, THE PARTIES agree as follows:
ARTICLE I
OURCAIGA
1.1 OURCA IGA. There is hereby created the Oregon Utility Resource Coordination
Association Intergovernmental Agency, referred to herein as the OURCA IGA. The parties to
the OURCA IGA are Ashland, Clatskanie PUD, Columbia River PUD, Emerald PUD, EWEB,
Forest Grove, MW&L, Northern Wasco PUD, and Tillamook PUD.
1.2 Effective Date. The effective date of this Agreement is August 15, 1999.
1.3 General Powers. The OURCA IGA shall have the following powers, in addition to those
specified in ORS 190.003 to ORS 190.265:
1.3.1 To arrange scheduling and dispatching of power, energy, capacity or transmission
for the account of a Party, Parties or the OURCA IGA;
1.3.2 To purchase power, energy, capacity, assets, generation facilities, transmission or
ancillary services for the account of a Party, Parties or the OURCA IGA;
1.3.3 To sell power, energy, capacity, assets, generation facilities, transmission, or
ancillary services for the account of a Party, Parties or the OURCA IGA which is not needed to
meet the loads of the Party, Parties or the OURCA IGA;
1.3.4 To negotiate or advocate for power, energy, capacity, assets, generation facilities,
transmission or ancillary services for the account of a Party,Parties or the OURCA IGA,
including administrative and legal proceedings related thereto;
1.3.5 To study the most economic and efficient procurement of power, energy, capacity,
assets, generation facilities, transmission or ancillary services for the account of a Party,Parties
or the OURCA IGA;
1.3.6 To perform the administration and accounting of all payments and receipts related
to the purchase and sale of power, energy, capacity, assets, generation facilities, transmission, or
services for the account of a Party, Parties or the OURCA IGA;
1.3.7 To adopt such bylaws, rules, regulations, and policies as the Parties deem necessary
to further the purposes of this Agreement;
1.3.8 To issue, sell or otherwise dispose of bonds, securities, or other forms of
indebtedness, including the power to issue revenue bonds under ORS 288.805 to ORS 288.945;
- 2 -
1.3.9 To exercise all powers pursuant to the applicable acts, charters or law of the
individual Parties which are necessary or desirable to economically and efficiently develop and
operate the OURCA IGA.
1.4. Meetings. Meetings of the OURCA IGA shall be conducted in accordance with the
provisions of the Oregon Public Meetings Law, ORS 192.610 to 192.710.
1.5 Offices. The principal offices of the OURCA IGA shall be located at 1001 S.W. Fifth
Avenue, Suite 2000, Portland OR, 97204, c/o Cable Huston Benedict Haagensen & Lloyd, LLP.
1.6 Budgeting. The Board shall provide for an annual work plan and an estimate of expenses
for the next fiscal year. Each Party shall provide in-kind services to further the purposes of the
OURCA IGA as each Party deems necessary or desirable. Such in-kind services shall not be
reimbursed from the OURCA IGA or other Parties, unless otherwise agreed.
1.7 Several Liability. Unless as otherwise expressly agreed in writing, there shall be no joint
and several liability of the Parties either in contract or tort and all obligations of the OURCA
IGA or the Parties shall be several only. Without limiting the foregoing,no Party to the OURCA
IGA shall be liable for damages, debts or claims caused solely by the negligent act, omission or
other wrongful act by the OURCA IGA or other Parties. The Party causing damage by its sole
negligent act, omission or wrongful act shall be individually liable.
ARTICLE 11
GOVERNANCE AND MEMBERSHIP
2.1 Board of Directors. The OURCA IGA shall be governed by a Board of Directors (Board).
The governing body of each Party shall appoint one(1) representative to the Board and one(1)
alternate representative. An alternative representative shall act in a Board capacity only during
the absence of that Party's representative. Representatives and alternate representatives shall
serve at the pleasure of their respective governing bodies. In the event of a vacancy, the
governing body of the Party shall appoint a successor.
2.2 Officers. After the effective date of this Agreement, the Board shall elect from its
membership a President, a Vice-President, and a Secretary/Treasurer(collectively, the"Officers")
who shall serve a term consisting of the remainder of 1999 and the following calendar year.
Thereafter, annually, at the beginning of each calendar year, the Board shall elect from its
membership Officers who shall serve a term of one (1) year. Officers shall serve at the pleasure
of the Board or until their successors shall be appointed and take office.
2.2.1 Duties of President. The President shall preside at all meetings of the OURCA
IGA and shall submit such recommendations and information as she or he may determine
appropriate to discuss at the OURCA IGA meeting. The President shall perform the duties and
responsibilities of the OURCA IGA in accordance with the obligations and limitations set forth
in this Agreement. The President shall otherwise not hold herself or himself out to have the
authority to bind the members of the OURCA IGA to any financial or other obligations.
- 3 -
2.2.2 Duties of Vice President. The Vice President shall perform the duties of the
President in the absence or the incapacity of the President. In the case of the resignation or the
death of the President, the Vice President shall perform the duties of the President until such time
as the Board shall elect a new President.
2.2.3 Secretary/Treasurer. The Secretary/Treasurer shall keep the minutes and the
official records of the OURCA IGA and perform such other duties required of a
Secretary/Treasurer. The Secretary/Treasurer shall be responsible for the fiscal administration of
all funds of the OURCA IGA. The Secretary/Treasurer and either the President or the Vice
President shall act as co-signers of checks drawn upon the accounts of the OURCA IGA. The
Secretary/Treasurer may delegate the administrative functions of her or his office to another
person or persons who need not be on the Board.
2.2.4 Additional Duties. The Officers of the OURCA IGA shall perform such other
duties and functions as may from time to time be required by the OURCA IGA bylaws, or other
rules and regulations.
2.3 Executive Committee. The Board may establish an Executive Committee that will be
comprised of the three Officers and two additional Board members. The Executive Committee
shall have the duties, responsibilities and a term all as determined by the Board from time to
time.
2.4 Voting Rights. Except as otherwise expressly provided in this Agreement, the Board shall
exercise its voting rights in the following manner:
2.4.1 Quorum. A majority of the Board shall constitute a quorum for the transaction of
business.
2.4.2 General Administrative Obligations. Except as provided in Sections 2.4.3 and
2.4.4, general administrative obligations or activities required to meet legal requirements or
policies related to the existence of the OURCA IGA or its operations may be acted upon by a
majority vote of the Board. General administrative obligations or activities include, but are not
limited to, the election of officers, compliance with the Oregon Public Meetings Law, ORS
192.610 to ORS 192.710 and preparation of an annual work plan. Each Party's apportioned share
of the general administrative obligations or activities shall be determined in accordance with the
following Cost Allocation Methodology. Fifty percent (50%) of costs are shared equally among
all Parties. Twenty-five percent (25%) of costs shall be based on the ratio of a Party s retail
electricity sales in terms of megawatt hours as compared to the total OURCA IGA Parties' retail
electricity sales in terms of megawatt hours. The remaining twenty-five percent (25%) of costs
shall be based on the ratio of a Party's retail electricity revenues as compared to the total OURCA
IGA Parties' retail electricity revenues. The Board will update the application of the Cost
Allocation Methodology upon the entry or exit of any Party from the OURCA IGA or at least
annually. The initial Cost Allocation Methodology, and the resulting percentage allocated to each
Party, is attached as Exhibit A.
- 4 -
2.4.3 Employment of Staff or Consultants. Except as provided in Sections 2.4.2 and
2.4.4, the employment of staff or consultants, including the hiring and terminating of any staff,
employees or consultants, shall require the authorization of the Board pursuant to the following
two voting mechanisms: (1) A majority vote of the Board; and(2) A majority vote of the Board,
with each Board representative's vote equal to the percentage allocated to each Party as specified
in the Cost Allocation Methodology attached in Exhibit A. Each Party's apportioned share of
employment related expenses shall be determined in accordance with the Cost Allocation
Methodology. The Board may delegate the employment of staff or consultants, including the
hiring and terminating of any staff, employees or consultants, to another person or persons, upon
a majority vote of the Board, with each Board representative's vote equal to the percentage
allocated to each Party as specified in the Cost Allocation Methodology attached as Exhibit A.
2.4.4 Procurement of Goods and Services and the Issuance or Sale of Bonds,
Securities or Other Forms of Indebtedness. Except as provided in Sections 2.4.2 and 2.4.3;
the procurement of goods and services, including but not limited to the purchase of generation
facilities and power supply contracts, and the issuance or sale of bonds, securities or.other forms
of indebtedness, including but not limited to the issuance of revenue bonds under ORS 288.805
to ORS 288.945, requires the affirmative authorization of each individual Party to be bound, such
authorization to be expressed by resolution, ordinance or other binding commitment of the
Party's governing body. Parties not affirmatively authorizing such actions shall in no instances
be liable. The procurement of goods and services be performed by resolution or separate
agreement which specifies (1) the apportionment of fees, costs, or revenue derived from the
functions and activities; and (2) the manner in which such revenue shall be accounted for. Such
resolution or separate agreement may or may not involve the participation of the OURCA IGA,
however, such participation of the OURCA IGA shall not create liability for a Party that has not
affirmatively authorized such action.
2.4.5 Voting By Proxy. Any Board representative may vote by proxy, provided that the
proxy power is granted to the proxy voter in writing and the effective proxy period is specified.
2.4.6 Voting In Absentia. Any Board representative may vote in absentia by telephone
or in writing, including by facsimile. Any written vote in absentia must be received prior to the
meeting at which the vote is to occur and must be signed by the Board representative.
2.5 New Parties. The Board may authorize a new Party to join the OURCA IGA if approved by
2/3 vote of the Board.
2.6 Insurance. The OURCA IGA shall provide for adequate insurance to cover the directors,
officers, employees, staff, agents and activities undertaken by the OURCA IGA.
2.7 Conflicts. The OURCA IGA shall not take an advocacy position in administrative or
legal proceedings which position conflicts with the position taken by any individual Party.
Parties shall notify the OURCA IGA of any such potential conflict.
5 -
ARTICLE III
TERM AND TERMINATION
3.1 Term. Except as expressly provided, the term of this Agreement shall be perpetual, unless
by a unanimous vote the Board acts to dissolve the OURCA IGA.
3.1.1 Dissolution. Upon dissolution, each Party to the OURCA IGA on the date of
dissolution shall remain liable solely for its individual share of any OURCA IGA expenditure
that has been specifically incurred by the Party in accordance with the terms of this Agreement or
by other resolutions or separate agreements of the Party. Upon dissolution, the assets of the
OURCA IGA shall be distributed to the members on the basis of the rights and obligations of
each Party to the assets held as of the date of the dissolution.
3.2 Voluntary Withdrawal by a Party. Any Party may elect to terminate their participation in
this Agreement and withdraw from the OURCA IGA by giving written notice to the President
and each member of the OURCA IGA. Withdrawal shall be effective forty-five(45) days from
the date of notice. The withdrawing Party shall continue to pay its apportioned share of, or be
responsible for, any debt attributable to that Party incurred prior to the Party's written notice of
withdrawal, and shall hold harmless the remaining Parties and the OURCA IGA for those
financial responsibilities and obligations attributable solely to the withdrawing Party.
3.3 Involuntary Withdrawal of a Party. By a 2/3 vote of the Board, any Party may be
requested to withdraw from the OURCA IGA and relinquish their powers and duties under this
Agreement. The President of the OURCA IGA shall notify such Party by written notice
addressed to that Party. Unless as otherwise agreed by a 2/3 vote of the Board, termination of the
Party is effective forty-five (45) days from the date of notice. The withdrawing Party shall
continue to pay its apportioned share of, or be responsible for, any previously incurred debt
pursuant to Sections 2.4.2 and 2.4.3 that is attributable to that Party as of the effective date of the
withdrawal, and shall hold harmless the remaining Parties for those financial responsibilities and
obligations attributable solely to the withdrawing Party.
ARTICLE IV
DISPUTE RESOLUTION
4.1 Dispute Resolution. If a dispute arises between the Parties or between the OURCA IGA
and the Parties regarding breach of this Agreement or interpretation of any term of this
Agreement, the Parties shall first attempt to resolve the dispute by negotiation, followed by
binding arbitration if negotiation fails to resolve the dispute.
4.1.1 Negotiation. The Board Member or other persons designated by each of the
disputing Parties will negotiate on behalf of the Parties they represent. The nature of the dispute
shall be reduced to writing and shall be presented to each of the disputing Parties who shall then
meet and attempt to resolve the issue. If the dispute is resolved at this step, there shall be a
- 6 -
written determination of such resolution, signed by each disputing Party and ratified by the
OURCA IGA which shall be binding upon the Parties.
4.1.2 Binding Arbitration. If the dispute cannot be resolved by negotiation within
forty-five(45) days, the parties shall submit the matter to binding arbitration. The Parties shall
attempt to agree on an arbitrator. If they cannot agree upon an arbitrator within ten (10) days, the
Parties shall submit the matter of determining an arbitrator to the Presiding Judge of the Marion
County Circuit Court. The common costs of the arbitration shall be borne equally by the Parties.
Each Party must bear its individual costs and fees.
ARTICLE V
AMENDMENT
5.1 This Agreement, other than Sections 1.7, 2.4, 2.5, 3.2, 3.3, and 5.1 may be amended upon a
majority vote of the Board and shall be prepared by mutual written agreement of the Parties,
signed by all of the Parties. Sections 1.7, 2.4, 2.5, 3.2, 3.3, and 5.1 of this Agreement may be
amended only upon the affirmative authorization of each Party.
ARTICLE VI
GENERAL PROVISIONS
6.1 Merger. This Agreement embodies the entire agreement and understanding between the
Parties relating to the formation of the OURCA IGA hereto and supersedes all prior agreements
and understandings relating to the subject matter hereof.
6.2 Severability. In case any one or more of the provisions contained in this Agreement should
be invalid, illegal, or unenforceable in any respect, the validity, legality, and enforceability of the
remaining provisions contained herein shall not in any way be affected or impaired thereby.
6.3 Notice. Any notice herein required or permitted to be given shall be given in writing, shall
be effective when actually received, and may be given by hand delivery or by certified mail, first
class postage prepaid, addressed to the Parties as follows:
General Manager General Manager
City of Ashland Clatskanie People's Utility District
Department of Electric Utilities P. O. Box 216
City Hall Clatskanie, OR 97016
20 East Main
Ashland, OR 97520
General Manager General Manager
Columbia River People's Emerald People's Utility District
Utility District 33733 Seavey Loop Road
P. O. Box 1193 Eugene, OR 97405
- 7 -
r
St. Helens, OR 97051
General Manager General Manager
Eugene Water & Electric Board Forest Grove Light & Power
500 East Fourth Avenue Box 326
Eugene, OR 97440 Forest Grove, OR 97116
General Manager General Manager
McMinnville Water& Light Northern Wasco People's
855 Marsh Lane Utility District
McMinnville, OR 97128 P. O. Box 621
The Dalles, OR 97058
GeneralN�anager
Tillamook People's Utility District
P. O. Box 433
Tillamook, OR 97141
6.4 Counterparts. This Agreement may be executed in any number of counterparts and by
the parties on separate counterparts, any one of which shall constitute an agreement between and
among the Parties.
IN WITNESS WHEREOF, the Parties have executed this Agreement by the date set forth
opposite their names below.
Date:
Pete Lovrovich, General Manager
City of Ashland
Department of Electric Utilities
Date:
Greg Booth, General Manager
Clatskanie People's Utility District
Date:
Fergus Pilon, General Manager
Columbia River People's Utility District
Date:
Jeff Shields, General Manager
Emerald People's Utility District
- 8 -
Date:
Randy Berggren, General Manager
Eugene Water& Electric Board
Date:
Dave Bouchard, General Manager
Forest Grove Light &Power
Date:
Edward J. Gormley,
Mayor and Ex-Officio Member of the
McMinnville Water& Light Commission
STATE OF OREGON )
) ss.
County of )
Personally appeared before me the above-named Edward J. Gormley and acknowledges
the foregoing instrument to be his voluntary act and deed.
SUBSCRIBED AND SWORN to before me this_day of , 1999.
Notary Public for the State of Oregon
Residing at
My Commission Expires:
Date:
Dwight Langer, General Manager
Northern Wasco People's Utility District
Date:
Patrick Ashby, General Manager
Tillamook People's Utility District
- 9 -
Council Communication
Legal Department
Taxicab Ordinance Amendments
August 3, 1999
v-�
Submitted by: Paul Nolte
r
Approved by: Mike Freeman Yl a
Title:
An Ordinance Removing the Restriction on the Number of Taxicabs Which May Operate in the
City and Increasing the Amount of Required Liability Insurance.
Synopsis:
This ordinance removes the per capita restrictions for taxicabs thereby allowing any number of
taxis to operate in the city regardless of population. The ordinance also updates the liability
insurance requirements for taxi operators.
Recommendation:
Approval of first reading by title only.
Background Information:
The restriction on the number of taxicabs permitted within the city has been based on population
for many years. Recent changes in the dispatch of taxis and the consolidation of taxi companies
in Medford and Ashland have altered the manner in which citizens are being served. By
eliminating the restriction on the number of taxis, competition will be possible and citizens will
have a choice.
The existing insurance requirements for taxi operators have not been amended since the
ordinance was written many years ago. The requirements need to be modernized and the limits
increased.
ORDINANCE NO.
AN ORDINANCE REMOVING THE RESTRICTION ON THE
NUMBER OF TAXICABS WHICH MAY OPERATE IN THE
CITY AND INCREASING THE AMOUNT OF REQUIRED
LIABILITY INSURANCE.
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
Annotated to show deletions and additions to the code sections being modified.
Deletions are tin� and additions are hade .
SECTION 1. Section 6.28.020.J of the Ashland Municipal Code is amended to read:
J. Taxicab. Means any vehicle which carries passengers for hire whose
journey has originated in the City and where the destination and route
may be controlled by a passenger and the fare is calculated on the basis
of any combination of an initial fee, distance traveled, and delay. Any
vehicle which has an appearance deceptively similar to a taxicab is a
taxicab for the purposes of this chapter. Exceptions are: Regular-route
scheduled buses, bona fide state-approved buses engaged in charter
service with a seating capacity of more than twenty f20) persons, the
Ashland Senior Program van, and courtesy vehicles operated by hotels
and motels as a convenience for registered guests only1where no
charges are made, and on writtem approve' of a" eertifieste holders a
subjeet to appeal to the eity eouneil whose deeision as final.
SECTION 2. Section 6.28.030 of the Ashland Municipal Code is amended to read:
6.28.030 Certificate Required. In accord with ___t -____. _.._sus of the
people who live in the Oity of Ashland, the Gity Gatineil she" eause to be issued
one (1) and only one (1) murnbered taxieeb vehiele eertifieste for eaeh of its five
thousand (5,000) residents and no freetion thereof. Ne eertifieste may be i sued
ffo n steal operate y taxicab in he City f sion to an rNeeenseireg aired b an other faw, a validrcertifida te issued
ursuant to his cha ter
SECTION 3. Section 6.28.120 the Ashland Municipal Code is amended to read:
6.28.120 Insurance.
A. It shall be unlawful for a certificate holder to drive or operate, or cause
to permit to be driven or operated, any taxicab in the City of Ashland
unless the certificate holder shall have on file with the City Recorder, and
shall keep in full force and effect, a written certificate of a responsible and
Page 1 -Annotated Ordinance FAUSERTAULMDUA ord ano.wpd
solvent insurance corporation authorized to write insurance policies in the
State of Oregon, that it has issued to or for the benefit of the certificate
holder, a taxicab, commercial general or comprehensive general liability
ohich is in full force and effect, and designating thereon such
e axicabs which may be driven or operated under this 6rdinane
B. The taxicab liability insurance policy above-required shall insure the
certificate holder and any other person using or responsible for the use of
any such taxicab, against loss from the liability imposed upon such
operator of such taxicab by law for injury to, or death of, any person, or
damage to property growing out of the maintenance, operation or
ownership of any taxicabs, to the amount of
eeeafrenee. 500,000 a ccurrence in co biped single ' for 00,9111
ury property damage claims or$500 000 per occurrence for bodily,
injury and $100,000 per occurrence for property damage. t iabili
verage shall be provided on an "occurre ce"151"1151 ms"basis. The
*ity of Ashland, its officers em loyees, and agt hall be named as
additions insureds..
C. The certificate required in this Section shall state that it is not
cancellable nor the coverage reducible except upon ten (10)KO days prior
written noticethereef-to the City Recorder.
The foregoing ordinance was first read by title only in accordance with Article X,
Section 2(C) of the City Charter on the day of ' 1999,
and duly PASSED and ADOPTED this day of ' 1999.
Barbara Christensen, City Recorder
SIGNED and APPROVED this day of ' 1999.
Catherine M. Shaw, Mayor
Rep* fop►n:
Paul Nolte, City Attorney
Page 2-Annotated Ordinance F1usERWAWORMaxi ord anompd
Council Communication
Legal Department
Sign Code Amendment
August 3, 1999
Submitted by: Paul Nolte f/J <
Approved by: Mike Freeman
Title:
An Ordinance Amending the Sign Code to Permit Temporary Signs 45 Days Prior to an Election.
Synopsis:
This ordinance amendment increases the amount of time a temporary sign may be erected prior
to an election. The increase adds 15 days to the existing 30-day period.
Recommendation:
Approval of the first reading by title only.
Background Information:
With the advent of mail-in ballots for Oregon elections, the length of political campaigns for
local elections is increasing. On arrival of ballot through the mail, voters are voting earlier and
consequently campaigning begins earlier. This amendment would permit the earlier erection of
campaign signs.
ORDINANCE NO.
AN ORDINANCE AMENDING THE SIGN CODE TO
PERMIT TEMPORARY SIGNS 45 DAYS PRIOR TO AN
ELECTION
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
Annotated to show deletions and additions to the code sections being modified.
Deletions are tWed-threagh and additions are shaded.
SECTION 1. Section 18.96.030.E of the Ashland Municipal Code is amended to read:
Section 18.96.030. Exempted Signs. The following signs and devices shall not
be subject to the provisions of this chapter except for 18.96.140.
E. Temporary signs not exceeding four square feet, provided the signs are
erected no more than thirty 45 days prior to and removed within seven
days following an election.
The foregoing ordinance was first read by title only in accordance with Article X,
Section 2(C) of the City Charter on the day of , 1999,
and duly PASSED and ADOPTED this day of ' 1999.
Barbara Christensen, City Recorder
SIGNED and APPROVED this day of ' 1999.
Catherine M. Shaw, Mayor
;49 stof
Paul Nolte,, CCiity Attorney
1-ANNOTATED ORDINANCE FAUSERTAWORMsign temp amd.wpd
City Council Communication
Administration
Year 2000 Risk Management
August 3, 1999
Submitted by: Greg Scoles
Approved by: Mike Freeman
Paul Nolte V/
Title:
A Resolution demonstrating a good faith effort to avoid Year 2000 failures, in compliance with
Senate Bill 268.
Synopsis:
The city's insurance provider has offered to provide liability coverage for claims resulting from
potential Year 2000 failures. This coverage is being offered at no cost and will be added to our
current policy, provided the city demonstrates that it has made a good faith effort to avoid Year 2000
failures.
Recommendation:
Staff recommends that City Council adopt the attached resolution.
Background Information:
City County Insurance Services (CCIS) currently provides the city's property and liability insurance
coverage. Senate Bill 268 establishes the basis for limiting liability for cities which make a good
faith effort to avoid Year 2000 failures. CCIS has indicated that they will extend insurance coverage
for potential Year 2000 failures, at no cost, provided that the city complies with the provisions of
Senate Bill 268. The Bill, as it is drafted, will provide an affirmative defense for the city from
liability claims resulting from Year 2000 failures provided that prior to January 1, 2000 it:
(a)Identifies those systems that the city believes most susceptible to Year 2000 failures;
(b)Prepares a written analysis of the systems used by the city;
(c)Prioritizes the relative importance of the different systems used by the city;
(d)Identifies resources available for addressing possible Year 2000 failures;
(e)Has approved the plans and resources to be committed to correct possible Year 2000 failures;
and
(n Can document substantial implementation of the approved plans identified above.
Adoption of the attached resolution is a requirement by CCIS to demonstrate compliance with the
provisions of SB 268.
RESOLUTION NO. 99-
A RESOLUTION DEMONSTRATING A GOOD FAITH EFFORT TO AVOID
YEAR 2000 FAILURES, IN COMPLIANCE WITH SENATE
BILL 268.
THE CITY OF ASHLAND RESOLVES AS FOLLOWS:
SECTION 1. The City has a written analysis of the systems it believes most susceptible to Year
2000 failures () 2K Assessment).
SECTION 2. The Year 2000 effects are unknown and uncertain, with expert opinions ranging
from little or no effect to severe.
SECTION 3. The City acknowledges that without a strong commitment to addressing Year 2000
problems, "Y2K" failures, which may cause interruption of essential public services, would be
more likely.
SECTION 4. There are multiple existing concerns which must compete for the limited public
resources available to deliver governmental services.
SECTION 5. It is the opinion of the City Council that such limited resources are best utilized,
with respect to Year 2000 issues, for those matters deemed "Life-Critical" and "Mission-
Critical".
SECTION 6. The City Council is committed to ensuring that the potential Year 2000 failures are
minimized in the"Life-Critical" and "Mission-Critical" systems as identified and prioritized in
the city's Y2K Assessment and Y2K Compliance Matrix.
SECTION 7. The City's 1999-2000 Budget authorizes the expenditure of certain funds to
address Year 2000 problems. The City Council has delegated the discretion to determine these
expenditures to the City Administrator.
SECTION 8. Although the City Council clearly recognizes that the Year 2000 problems may
affect other areas, in recognition of the limited public resources available, it shall be the policy of
the City to address the areas determined above as in the overall best interest of the public.
The foregoing resolution was READ and DULY ADOPTED at a regular meeting of the City
Council of the City of Ashland on the _ day of , 1999.
Barbara Christensen, City Recorder
SIGNED and APPROVED this day of 1999.
Catherine M. Shaw, Mayor
R 'ewed as to form: .
Paul Nolte, City Attorney
Paul Nolte
City Attorney
City of Ashland
�u.?f. '4�^x if�iq A�MF .•s r� �f�ib .ate wH
iJ` -p , w. Y' I aro ....v^-� r'.w✓unxw =�I�). y. Iw�'•`"V�tRt•t a s.
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� 41,
„ ,jai MAYORAL PROCLAMATION
tm€:, VWEIEREAS,;; the Ctty'of Ashland recognizes that the am
YW-2000 problem tnYolves ore �
thari just a computer issue; and
WHEREAS, the City recognizes that all of its departments and services may be impacted*
by the Year 2000 problem; and
i!4!
VFW? WHEREAS, the City has determined that the Year 2000 problem is a high priority for all
city operations; and
Fes-•.-'::' '"�:":•`.
1))?
.� WHEREAS, the City is committed to identify, address and resolve potential problems
}f�)) created by Year 2000 issues and to make its best effort to ensure continuity
' r
of essential city services; and •� '`a'
WHEREAS, the City's efforts to minimize the potential impact of the Year 2000 problem
Il'-.`-. ,•
will likely involve multiple city operations and outside organizations; and
lr
WHEREAS, the City believes that coordination of all persons and groups working on the
t t Year 2000 problem in Ashland is essential to the efficiency and
4
effectiveness of the Ashland's overall Year 2000 effort; and
NOW,THEREFORE, I, Catherine M. Shaw, Mayor of the City of Ashland, do hereby {
,lt
proclaim that Y2K preparedness is a high priority for the City to address; and
r;
THEREFORE,while recognizing that the City's long-standing emergency preparedness
policies will go a long way to meet potential Y2K situations, the City pledges to create
Int,•
�-- • contingency and community preparedness plans to reduce the possible effects of computer �•'�••ccc��erf
1h
and operational system failures throughout the community; and
THEREFORE, the City urges all residents and businesses both to familiarize themselvesi�",
further with this issue and to make preparation for reasonable self-sufficiency in this and
all potential emergencies.
eMn
Dated this 2 day of March, 1999.
_ N i• li
•t�(fl));'� Ca ne M. Shaw, y r
. "APT
';I��
Barbara Christensen, City Recorder .
1 ' )�4
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City of Ashland Year 2000
Compliance Matrix
July 15, 1999
Date of Comments
Compliance
Hardware OS Software
Citywide Telco Svcs
ATT Cellular n/a n/a n/a Jun-99
US Cellular n/a n/a n/a 03-99
Arch Paging n/a n/a n/a 03-99
US West n/a n/a n/a Jul-99
Public Works
Wonderware Primary yes yes yes certified by consultant
Wonderware Secondary unknown yes yes Summer computer will be replaced this
99 summer
Particle Counter computer yes yes yes
Laptop computer yes no yes Jun-99 BIOS patch installed
Telesafe n/a n/a yes certified by consultant
Alarm/autodialer unknown unknown unknown
Police
E911 System
Vesta software n/a n/a yes vendor certifies compliance
NT computer unknown unknown n/a unknown US West is investigating OS
and H/W compliance
Base Radio yes n/a n/a Software tested for
compliance by Motorola
NT computer yes unknown n/a HPVL5 computer is compliant
(NOS w/SP#?)
Telephone System yes certified by Coral Tadiran
Callware computer probably unknown Aug-99 will be upgraded this summer
Call Acctg computer unknown unknown yes certified by vendor
Traffic Computer unknown unknown yes certified by vendor
A Log n/a n/a yes certified by programmer
LEDs n/a n/a no Aug-99 received statement from Dave
Yandell (503-378-3054)
SOJIS n/a n/a no 8/1/99 development in progress
Laptops (Panasonic CF-25) yes yes certified compliant by vendor
SoftRisk n/a n/a yes certified compliant by vendor
Investigative Files n/a n/a no Jul-99 Randy Becker indicates
compliance by July
Codemaster n/a n/a yes certified by vendor
LaserFiche n/a n/a yes certified by vendor
Tiburon System n/a n/a unknown unknown date of implementation is
unknown
Date of Comments
Compliance
Fire
Laptop -Toshiba Satellite yes no Jun-99 BIOS patch installed -still
running Win3.11
Laptop -Toshiba Tecra yes yes
Cardiac Monitors yes n/a n/a
Gas Monitoring Devices yes n/a n/a
Weather computer no n/a n/a Y2K ready w/user intervention
Fax machine yes n/a n/a
Pulse Oximeter yes n/a n/a compliant with notes
Electric
Computer at Water Trtmnt unknown unknown this is probably compliant(new
system)
Computing Services
City-built servers unknown unknown unknown Testing currently in progress
Community Development
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Council Communication
Public Works Department
Vacation of a Portion of A Street
August 3, 1999
Submitted by: Paula Brown
Reviewed by: Paul Nolte
Approved by: Mike Freeman
Title:
A Resolution Setting a Public Hearing to Hear a Petition for and any Objections to, the Vacation
of a Portion of A Street Easterly of Oak Street
Synopsis:
On May 18, 1999 a petition was received by the Engineering Division requesting the vacation of a portion
of the right-of-way on A Street.The purpose of the vacation is to un-encumber sections of the building
which have been built out into the A Street right-of-way over the course of many years.The requested
vacation is along the north side of the street and is variable in width,from 11.0 feet to 6.0 feet wide, and
contains approximately 0.9 acres.The attached map shows the location and dimensions of the area to be
vacated.
Concerns have been discussed with regard to adequate pedestrian access should this vacation be granted.
It is Staff's recommendation that the vacation include an easement for a six foot wide pedestrian access.
The petition has been verified and the required$500 filing fee has been received. All City departments as
well as the utility companies have been notified of this proposed action. No objections to the vacation
have been received.
Recommendation:
It is recommended that the City Council adopt the attached resolution establishing a public hearing on
September 7, 1999 for the purpose of hearing objections to the vacation of a portion of A Street. It is
further recommended that the vacation include a reservation of a 6 foot wide pedestrian access easement.
Background Information:
The existing Oak Street Tank and Steel building is located on the north side of A Street and extends from
Oak Street approximately 270 feet easterly. The original building was constructed circa 1900 and served
as a fruit warehouse. Several building expansions were added over the ensuing years. In August of 1920,
Ordinance No.701 was passed which vacated a 5 foot wide by 150 foot long portion of right-of-way on
the north side of A Street(formerly known as Ash Street).
This vacation allowed for a significant expansion of the original building. Subsequent expansions were
built with projections into the right-of-way without the benefit of clearing the street right-of-way.
Current plans call for the renovation of the building following Oak Steel Tank and Steel's relocation to
Jefferson Street. Much of the south building face will be removed and re-established to include a covered
pedestrian walk along the north curb.
The vacation will clear the right-of-way to allow the creation of building overhangs and canopies over the
sidewalk. A six foot wide(measured from the curb existing curb face)pedestrian access easement will be
reserved to create a public sidewalk on the north side of the street.
G:Paula\Council Communications\CC A Street Vacation Public Hearing.doc
RESOLUTION NO. 99-
A RESOLUTION SETTING A PUBLIC HEARING TO HEAR A PETITION FOR,
AND ANY OBJECTIONS TO THE VACATION OF A PORTION OF A STREET
EAST OF OAK STREET.
THE CITY OF ASHLAND RESOLVES AS FOLLOWS:
SECTION 1. Pursuant to Ashland Municipal Code Chapter 4.16 and ORS 271.080 to
271.150, the City Council of the City of Ashland will conduct a public hearing on
September 7, 1999 at 7:00 PM in the Council Chambers, 1175 East Main Street,
Ashland Oregon, to hear the petition for, and any objections to, the vacation of a portion
of A Street with a reservation for a six foot wide pedestrian access as described on the
attached Exhibit A.
SECTION 2. The City Recorder is directed to give notice of the petition and hearing by
publishing a notice in the Daily Tidings, once each week for two consecutive weeks
prior to the hearing and such other notice as may be required by ORS 271.110.
This resolution was read by title only in accordance with Ashland Municipal Code
§2.04.090 duly PASSED and ADOPTED this day of . 1999.
Barbara Christensen, City Recorder
SIGNED and APPROVED this day of 11999.
Catherine M. Shaw, Mayor
Reviewed as to form:
Paul Nolte, City Attorney
PAGE 1 — RESOLUTION G:Paula\City CounciN2esolution A Street Public Hearing.doc
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Date Filed: '57161✓9
PETITION FOR STREET VACATION
We the undersigned property owners residing onlor near`A' Street(formerly
known as Ash Street)do hereby petition the City Council to initiate proceedings to vacate
a portion of the above mentioned public right-of-way,being further described as follows:
See attached legal description and exhibit map(exhibits A and B).
We do further warrant that the signatures below represent 100%of the properties
abutting the proposed vacation,and at least 66 2/3%of the affected area which lies
within 200 feet on either side and 400 feet from the ends of the public right-of-way
proposed for vacation.
NAME ADDRESS TAX LOT NO.
I l� 1 fla, ,�,44'-e_ TMic- �c:(---T-S7oo
A'Wa. an. >N 2 T'3,t-16-9BA TL I aHo
2 / 23 sr 5t T39- lE-I34 TL/3605
� TC 63oa
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5 w` �3Jz7 Tr n Tsa-tF-9616 TL.144CO
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7 L1 -/E-9EIRI,
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11 NI N. PICgjJ%�,2 �jt "�S4- �a.-46n T teeoo
12 7�ar� 33� Ga�ci, T'�-te-4c� T�tiaol
13
14
15
16
17
18
19
20
County of Jackson) 2 / Q
State of Oregon
I,Russell D Braughtoon,a registered Professional Land Surveyor in the State of
Oregon,acting as agent on behalf of the principal proponents of the proposed vacation do
hereby subscribe and swear that the above signatures were taken in my presence and are
the signatures of the persons owning property abutting or 'thin he area a ected b the
proposed vacation.
ussell Br ghton 2657
`GFFILIAL SEPL
JUDITH HAGUE BROWN
4otary Pub C NOIANY PUBLIC GaEGGN
COMMISSION NO.059896
Co Issio Expires i�a9-.��Y, xrmw+s:nxareulsotue.twu
�xkAkF>IT- A
EAGLE-EYE SURVEYING CORPORATION
23 North Ivy Street, Medford
P.O. Box 4397, Medford, Oregon 97501-0170
Tel. (541) 776-2313 Fax. (541) 776-9978
DESCRIPTION FOR: Oak Street Tank and Steel April 27, 1999
A portion of `A' Street to be vacated: Containing 0. 09 Acres, more
or less:
Beginning at the Southwest corner of Lot 1 of Block 27 of
CHITWOOD TRACTS in the City of Ashland, Jackson County, Oregon,
being located in the Southwest One-Quarter of Section 4, Township
39 South, Range 1 East, Willamette Meridian, Jackson County,
Oregon; thence South 23 014143" West, parallel and 30. 00 feet
distant to the centerline of Oak Street, a distance of 11.00 feet
to a point that is 19. 00 feet distant when measured perpendicular
and Northeasterly from the centerline of `A' Street; thence South
66 054133" East a distance of 308. 00; thence along the arc of a
60.00 foot radius curve to the right, being concave to the
Southwest and having a Long Chord which bears South 33 012107" East
for 66. 59 feet, a distance of 70. 596 feet; thence South 0 030119"
West, parallel to the Easterly right of way line of said `A'
Street, a distance of 24 .00 feet; thence South 89°29141" East a
distance of 6.24 feet to a point on said Easterly right of way
line of said `A' Street; thence along the Easterly and Northerly
right of way line of said 'A' Street the following courses: North
00 030119" East, a distance of 74.24 feet; thence North 67 002 ' 41"
West, a distance of 54.26 feet; thence South 00°14126" West, a
distance of 5. 42 feet; thence North 67°02141" West, a distance of
151. 66 feet; thence North 22 057 ' 19" East, a distance of 5.00 feet;
thence North 67°02 ' 41" West, a distance of 146. 00 feet to the
Point of Beginning.
REGISTERED
PROFESSIONAL
LAND SVjkVEY0R
OR EG ON
N1LT 19, 1994
RUSSELL D65RAUGHTON
Expires 12/31/99
III
I
I
I
CITY OF ASHLAND
yF AS/��
Department of Public Works
Engineering Division
MEMORANDUM ` EGON=''''
DATE: June 2, 1999
TO: Paula Brown, John McLaughlin, Keith Woodley, Scott Fleuter, Pete
Lovrovich, Scott Johnson, Mike Morrison, Everett Swain
FROM: James H. Olson, Engineering Services Manager
RE: Vacation of a Portion of A Street
Russell Braughten has submitted a request and petition for the vacation of a portion of
A Street off Oak Street, as shown on the attached plan.
The vacation is for a portion of A Street (from 11.0 feet wide to 6.0 feet wide) which is
encroached upon by existing Oak Street Tank & Steel building. The new right of way, if
the vacation is approved, would establish the right of way of A Street at the back of the
curb adjacent to Oak Street Tank & Steel building.
Please let me know if you have any objection or other concerns to the vacation of A
Street as shown.
Please feel free to call me at 488-5347.
CC: Dave Hoxie,US West
Dennis Ott,Avista -
Bill Davis,Falcon Cable
G:Dawnl.StreetWew Street Vacation Memo.wpd
The City recently learned that an employee within Oregon Health
Division of the Department of Human Resources advised the Department
of Environmental Quality (DEQ) in a preliminary assessment of the City's
WWTP project that he is concerned about the city's plan to spray treated
effluent. He explained his concern to DEQ as arising from the potential for
microbial regrowth to occur in the holding ponds coupled with the spraying
of the treated effluent utilizing high pressure elevated sprinklers. The
employee thinks that such a plan would create aerosols and would be a
major health concern although he bases this statement on inaccurate
information and without a thorough knowledge of the City's project.
Further, he makes these comments even though the Division has no
regulatory authority for this project.
The opinion of the employee within the Health Division was a
surprise to both the City and DEQ. The project fully complies with all DEQ
regulations and continues to be supported by DEQ. Nevertheless the City
wants to pursue the safest feasible option for all concerned and will confer
and consult with the Health Division and DEQ to ensure that health
concerns are addressed.
The Health Division has advised that it has no evidence supporting
the concern expressed by this employee nor does it have any evidence
that similar projects used throughout the country have caused any health
problems. The City's prior research into this issue also has failed to
discover any evidence to support the concern expressed by the Health
Division employee.
Officials within the Health Division have advised that it is the role of
the Division to raise health concerns to DEQ but that DEQ has never
informed the Division about the project. When these projects come to the
attention of the Division, it has been the Division's practice to raise these
concerns.
The staff have subsequently set up meeting with DEQ staff, Health
Division staff, City staff and the City's consultant to share information about
the project so that the Health Division can have complete project
information prior to issuing its final recommendations to DEQ.
RESOLUTION N°99-
A RESOLUTION EXPRESSING THE SENSE OF THE COUNCIL WITH RESPECT TO THE
MORAL OBLIGATION OF CITY GOVERNMENT TO HELP AMELIORATE THE EFFECTS
OF ITS USE OF THE EMINENT DOMAIN POWERS OF THE CITY OF ASHLAND
THE CITY COUNCIL OF THE CITY OF ASHLAND RESOLVES AS FOLLOWS:
Section I While it is necessary in the interests of the community as a whole to build anew fire station building,
in part,on privately owned land currently rented by a small business owner,the Council recognizes
the devastating effect this will have upon those who own and work at that business.
Section 2 Should the People of Ashland pass the fire station bond measure in November, the City's legal
obligation may be limited to compensating the owner of the affected land. Nonetheless, it is the
sense of this Council that City Government still would have a very real moral obligation to assist the
owner and long-term employees of the small business which rents that land,the Blue Mountain Cafe.
Section Accordingly,th is Counci I requests and directs that should the Fire Station Bond Measure be approved
in the November 1999 General Election,the City Administrator then take appropriate and reasonable
steps to fulfill the moral obligation of City Government to assist the owner and long-term employees
of the Blue Mountain Cafd.
This Resolution was read by title only in accordance with Ashland Municipal Code§2.04.090,and duly PASSED and
ADOPTED this V day of August 1999.
Barbara Christensen,City Recorder
SIGNED AND APPROVED this _day of August 1999.
Don Laws,Council Chairperson
RESOLUTION N° 99-_
A RESOLUTION EXPRESSING THE SENSE OF THE COUNCIL WITH
RESPECT TO THE MORAL OBLIGATION OF CITY GOVERNMENT TO HELP
AMELIORATE THE EFFECTS OF ITS USE OF THE EMINENT DOMAIN
POWERS OF THE CITY OF ASHLAND
THE CITY COUNCIL OF THE CITY OF ASHLAND RESOLVES AS FOLLOWS:
Section 1 While it is necessary in the interests of the community as a whole to build a new fire
station building,in part,on privately owned land currently rented by a small business
owner, the Council recognizes the devastating effect this will have upon those who
own and work at that business.
Section 2 Should the People of Ashland pass the fire station bond measure in November, the
City's legal obligation may be limited to compensating the owner of the affected
land. Nonetheless, it is the sense of this Council that City Government still would
have a very real moral obligation to assist the owner and long-term employees of the
small business which rents that land, the Blue Mountain Cafe.
Section 3 Accordingly, this Council requests and directs that should the Fire Station Bond
Measure be approved in the November 1999 General Election, the City
Administrator then take appropriate and reasonable steps to fulfill the moral
obligation of City Government to assist the owner and long-term employees of the
Blue Mountain Cafe.
This Resolution was read by title only in accordance with Ashland Municipal Code§2.04.090, and
duly PASSED and ADOPTED this Yd day of August 1999.
Barbara Christensen, City Recorder
SIGNED AND APPROVED this day of August 1999.
Don Laws, Acting Mayor
MEMORANDUM
To : Council Colleagues
From: David Fine
Date : 30 July 1999, 0829-L
Subj . : Blue Mountain Cafd
At this coming Tuesday evening' s City Council meeting, under
Other Business from Council Members, I ' d like to move the "Sense of
the Council" Resolution printed on the back side of this page .
Should the Fire Station Bond pass, we as City Government may
only owe a duty in law to compensate the affected land owner.
Nonetheless, I know that many if not all of us feel that the
absence of a legal obligation to help the owner and long-term
employees of the Blue Mountain doesn' t mean that we can or should
ignore the effects of such an exercise of government power upon a
small business and its workers.
If anyone" has ideas for improving the language of this
Resolution, please do let me know. Friendly amendments will be
very much appreciated.