HomeMy WebLinkAbout2012-0618 Study Session PACKET CITY OF
ASHLAND
CITY COUNCIL STUDY SESSION
AGENDA
Monday, June 18, 2012
Siskiyou Room, 51 Winburn Way
5:30 p.m. Study Session
1. Look Ahead review
2. Discussion of Sewer Line Service Policy
3. Discussion of updating the Economic Development Strategy
4. Discussion of whether to televise Council study sessions
5. Closing the loop follow up from the Mayor
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meeting, please contact the City Administrators office at(541) 488-6002(TTY phone number 1-800-735-
2900). Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to
ensure accessibility to the meeting (28 CFR 35.102-35.104 ADA Title I).
COL NCIL A1E.E1INGS ARE BROADCAST LIVE ON CHANNEL 9
VISIT THE CITY 01=ASHLAND'S tiV[�R S11 F AT \VtiV1V.AS1-11,AND.OR.L!S
City of Ashland Council Meeting Look Ahead
*****THIS IS A DRAFT AND SUBJECT TO CHANGE*****
Departments
Responsible
s[zs 4;,. S ecial Co'un'cil 9etin if needed 1j,14W r ,b ,; a §t_72- ?
1 Final budget adjustments, if needed Lee Finance
W2 Stud. Session Cancelled -4th of JuL -� /2
7/3 Re ular Council Meetin Cancelled -4th of J_ul. -�� 7/3
7/16 Stud. Session in Siski. ou Ro_om ins
2 Discussion of Plaza and dowtown improvements Ann Admin SS
E1EEWWNNWRRegW1ar lar Council M__ 111M MW WIN IMA•
3 Approval of one-time banner hanging for Monster Dash event CONS
Diana Admin
Approval of a construction contract for remodel of the police
4 station Mike PW CONS
Public Hearing: Request from Ashland Food Cooperative to
5 amend the text of the Ashland Municipal Code -Chapter 18- PH
related to Drive-Up Uses Bill CD
Public Hearing -Text Amendment to Ashland's Comprehensive
6 Plan related to acknowledgement of the adopted Greater Bear PH
Creek Valley Regional Plan Bill CD
Second reading of an ordinance amending the general CD Legal
7 regulations chapter(18.68) of the Ashland Land Use Ordinance ORD-2
to establish setback requirements for chicken coops and
chicken runs Bill
Second reading of an ordinance establishing provisions within CD Legal
6 the health and sanitation chapter(9.08) of the Ashland ORD-2
Municipal Code for the keeping of chickens within residential
districts Bill
g First reading of sewer line service policy (Mike) PW ORD-1 ORD-2
10 First reading of update to Ashland's Fair Housing ordinance CD ORD-1 ORD-2
Bill
Discussion of direction to staff for study of water rate structure Council
11 that rewards conservation and help for low-income individuals OTHER
with water bills. Carol
MAI�StudZS se sign iSSiski.pu Room IMI 816
'i� Re ular_CouncilMeEfAn .._
w MAIA
1z Second reading of sewer line service policy(Mike) PW ORD-2
13 First reading of update to Ashland's Fair Housing ordinance CD ORD-2
Bill
Page 1 of 2 6/14/2012
Departments SM ss cc Ss cc SS cc SS cc Ss cc Ss cc Ss cc ss cc
Responsible 6126 712 713 7/16 7117 816 817 8/20 8121 913 914 9117 9118 10/1 10/2 10/15 10/16
Study Session (in Siskiyou Room)
Aegular Council Meeting
Study Session Cancelled (Labor Day
Regular Coun
ekegular Council meeting
Study Session (in Sis iyou Room)
Regular Council Meeting
Study Session (in Sis
CITY OF
ASHLAND
Council Communication
June 18, 2012 Study Session
Sewer Line Service Policy
FROM:
Michael R. Faught, Public Works Director, Public Works Department, faughtm @ashland.or.us
SUMMARY
Staff is recommending that the Council consider adding language to AMC 14.09, codifying an existing
sewer lateral policy that requires property owners to pay for the maintenance and replacement of their
sewer laterals. In addition, staff is recommending housekeeping updates to AMC 14.08.030 that will
change responsibility for determination of sewer system failure from DEQ to "appropriate regulatory
authority" for connection outside the City limits but within the Urban Growth Boundary (UGB).
BACKGROUND AND POLICY IMPLICATIONS:
The Ashland Municipal Code (AMC) 18.72.070 (D) and 18.80.060 (B) are land use rules that clearly
make the property owner responsible for construction of new sewer laterals servicing their buildings
from the sewer main line. Currently, AMC 14.09 addresses only a phosphate ban and does not address
maintenance and/or replacement of the sewer laterals once they have been constructed. While AMC is
silent on responsibility for maintenance and/or replacement, City staff has followed a long established
policy that requires property owners to pay for maintenance and replacement of sewer laterals to the
sewer main. The one exception to this policy is a 1962 Green Springs Subdivision developer's
agreement that requires the City to maintain the sewer lateral from the house to the main line for 51 of
the 118 homes in the subdivision.
Some property owners have challenged this sewer lateral policy. To address these challenges, staff
requests that the City Council approve codification of the City's long-standing practice and clearly
place the sewer lateral maintenance responsibility on the one who exclusively benefits from the use of
their own sewer lateral — namely, the property owner. To that end, staff has included draft AMC
amendments for Council consideration.
For clarity, requiring property owners to maintain and replace sewer laterals from the house to the
property line is customary. The requirement to maintain the sewer lateral from the property line to the
sewer main (in the public right-of-way) is not universal in Oregon and is a point of concern for those
property owners who have been through the process. Staff has reviewed the sewer lateral ordinances
for several Oregon cities.
The sewer lateral language proposed and the current practice in Ashland is common in the Rogue
Valley. Medford and Rogue Valley Sewer Services (Jacksonville, Talent and Phoenix) have similar
ordinance language placing responsibility for maintenance and replacement of sewer laterals with the
property owner. This is also the case with most other cities in Oregon, including Milwaukie, Grants
Pagel of 2
Fes,
CITY OF
ASHLAND
Pass, Fairview, Ontario, McMinnville, Forest Grove, Pacific City and Bend as just a few examples.
Oregon City, North Bend, Rogue River, Netarts-Oceanside Sanitary District, Cottage Grove and
Albany, however, maintain the sewer lateral from the property line or public right of way to the sewer
main line.
In addition to the proposed sewer lateral amendments, staff is recommending a housekeeping update to
AMC 14.08.030. Under current Code, one of the conditions of approval for connecting property
outside the City but inside the UGB to the City sewer system is a determination that the property
owner's sewer system has failed. Under current Code, "Jackson County" is specifically named as the
entity to make that determination. Jackson County no longer makes such determinations; DEQ does.
Thus, the proposed new language directs an applicant to seek approval from an "appropriate regulatory
authority." Similarly, the proposed amendments ensure that the applicant's project does not conflict
with "state or local laws, rules and regulations," rather than limiting compliance only to Jackson
County's comprehensive plan.
FISCAL IMPLICATIONS:
If the Council were to determine that the City should maintain and replace the sewer lateral from the
property line to the sewer main, the estimated cost of such maintenance or replacement for 8,049 sewer
laterals (excluding part of the Green Springs Development) is $20,122,500 ($2,500 each).
STAFF RECOMMENDATION AND REQUESTED ACTION:
Amend AMC 14.09 and 14.08.030 as recommend.
SUGGESTED MOTION:
N/A
ATTACHMENTS:
1. Ordinance
2. AMC 14.09; AMC 18.72.070 (D); AMC 18.80.060 (B)
3. Greensprings Subdivision Map
4. Greensprings Subdivision Sewer Line Agreement, Oak Knoll 11
Page 2 of 2
ORDINANCE NO.
AN ORDINANCE AMENDING AMC 14.08.030 CONNECTION —
OUTSIDE CITY, INSIDE URBAN GROWTH BOUNDARY
AND ADDING AMC 14.09.020 SEWER LATERAL OWNERSHIP
Annotated to show deletions and additions to the code sections being modified. Deletions are
bold lined through and additions are bold underlined.
WHEREAS, Article 2. Section 1 of the Ashland City Charter provides:
Powers of the City. The City shall have all powers which the constitutions, statutes, and
common law of the United States and of this State expressly or impliedly grant or allow
municipalities, as fully as though this Charter specifically enumerated each of those
powers, as well as all powers not inconsistent with the foregoing; and, in addition thereto,
shall possess all powers hereinafter specifically granted. All the authority thereof shall
have perpetual succession.
WHEREAS, State requirements for allowing properties outside the City to be connected to the
City's sewer main have changed, and the City of Ashland desires to amend the code to reflect
current regulatory requirements for such connections.
WHEREAS, the City of Ashland has historically conditioned permission to connect to the City's
sewer main on commitments by property owners to maintain, repair or replace building sewer
laterals from the building to the public Sewer Main.
WHEREAS, the City of Ashland desires to codify historic practices to establish workable and
uniform decision making.
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. Chapter 14.08.030 is hereby amended to read as follows:
14.08.030 Connection - Outside City, Inside Urban Growth Boundary
An occupied dwelling or building located outside the City of Ashland and inside the urban
growth boundary may be connected to the sewer system.when such connection is determined by
the Ashland City Council to be in the best interest of the City of Ashland and to not be
detrimental to the City's sewerage facilities. Such connection shall be made only upon the
following conditions:
A. The applicant for sewer service pays the sewer connection fee and the systems development
charges established by the City Council.
Ordinance No. Page 1 of 4
B. in the event a dwelling or building eenneeted to the sewer systern, is subsequently replaeed
faf any reason, then the fepl6eenient dwelling or building may eonneeted to the sewef syste
CB. The applicant shall be responsible fe pays the full cost of extending the City of Ashland
sewer main or line to the property for which sewer service is being requested.
DC. The applicant shah seeui--e secures, in writing, statements from the daekson Coun
appropriate regulatory authority that the existing sewage system has failed and that the
provision of sewer by the City of Ashland does not conflict with the daekson County
Comprehensive Plan, support deenments, rules, or- state and local laws, rules
and regulations.
ED. The applicant furnishes to the City a consent to the annexation of the land, signed by the
owners of record and notarized so that it may be recorded by the City and binding on future
owners of the land.
FE. The applicant shall provides for the payment to the City by the owners, at the time of
annexation, an amount equal to the current assessment for liabilities and indebtedness previously
contracted by a public service district, such as Jackson County Fire District No. 5, multiplied by
the number of years remaining on such indebtedness, so that the land may be withdrawn from
such public service districts in accord with ORS 222.520 and at no present or future expense to
the City.
GF. The owner shall executes a deed restriction preventing the partitioning or subdivision of the
land prior to annexation to the City.
#G. Thnt The land is within the Urban Growth Boundary.
H. In the event of connecting a replacement dwelling or building to the sewer system,the
connection does not increase use of the sewer system as determined by the Director of
Public Works.
(Ord 2704, 1993; Ord 2861, 2000)
SECTION 2. Chapter 14.09.020 is hereby added to read as follows:
14.09.020 Sewer Lateral Ownership
A. Definitions
1. "Building Sewer Lateral' refers to the extension of the sewer pipeline from
the building drain to the public sewer main line.
Ordinance No. Page 2 of 4
2. "Sewer Maid' is the public sewer system,typically comprised of 6-inch and
larger pipelines located within public right-of-ways or easements.
3. "Sewer Connection' is the location where the sewer lateral connects to the
Sewer Main, including any pipe fittings or materials used to make the
connection.
4. "Property Owner" means any person, firm, partnership or corporation.
5. "Deficiency of a Service Lateral" means a defect (broken pipe, leaky ioints,
protruding service, etc.) in the service line or connection to the main line that
results in infiltration, obstructs flow, creates a subsurface void, allows
wastewater to exfiltrate, or creates a risk of sanitary sewer overflows.
B. Ownership and Responsibility
1. It shall be the responsibility of the property owner to repair or replace any
building sewer lateral showing any defect including, but not limited to, leaks,
breaks, settlement, or stoppages. Any loss or damage to any public facility
caused either by improper installation or maintenance procedures will also
be the property owner's responsibility.
2. The City reserves the right to cease water and/or sewer service to the
property owner in the event that a significant deficiency is not corrected in a
timely manner by the property owner after being notified by the City.
3. In the event that the City installs or relocates a building sewer lateral within
a public right-of-way for purposes other than to correct deficiencies in the
property owner's building sewer lateral, the city shall maintain the sewer
lateral for one year from the date of final inspection. Maintenance after this
date becomes the responsibility of the property owner.
SECTION 3. Severability. The sections, subsections, paragraphs and clauses of this ordinance
are severable. The invalidity of one section, subsection, paragraph, or clause shall not affect the
validity of the remaining sections, subsections, paragraphs and clauses.
SECTION 4. Codification. Provisions of this Ordinance shall be incorporated in the City Code
and the word "ordinance" may be changed to "code", "article", "section", "chapter" or another
word, and the sections of this Ordinance may be renumbered, or re-lettered, provided however
that any Whereas clauses and boilerplate provisions (i.e. Sections 2-3) need not be codified and
the City Recorder is authorized to correct any cross-references and any typographical errors.
Ordinance No. Page 3 of 4
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 2012,
and duly PASSED and ADOPTED this day of 2012.
Barbara M. Christensen, City Recorder
SIGNED and APPROVED this day of , 2012.
John Stromberg, Mayor
Reviewed as to form:
David H. Lohman, City Attorney
Ordinance No. _ Page 4 of 4
ASHLAND MUNICIPAL CODE
CHAPTER 14.09
SEWER SYSTEM--REGULATIONS
SECTIONS:
14.09.010 Phosphate Ban
SECTION 14.09.010 Phosphate Ban
The Council recognizes its authority and responsibility to plan and provide for control of sewerage,
surface water, and water supply. The Council hereby finds that phosphorus loading of surface waters
is currently a serious pollution problem affecting water quality in the Bear Creek Sub-basin and
threatens future water quality in other surface waters of the region. Phosphate detergents contribute
significant phosphorus loading to the treated wastewater released to surface water into Bear Creek.
Phosphorous loading has become a pollution problem,--and-state standards will require additional
wastewater treatment facilities at public expense beyond primary and secondary treatment facilities.
This Ordinance is enacted to reduce phosphorus pollution at its source to maintain existing water
quality and to enhance cost-effective wastewater treatment where phosphorus pollution has been
identified as a serious pollution problem by the State of Oregon Environmental Quality Commission.
A. Definitions.
1. "Cleaning agent" means any product, including but not limited to soaps and detergents,
containing a surfactant as a wetting or dirt emulsifying agent and used primarily for
domestic or commercial cleaning purposes, including, but not limited to the cleansing of
fabrics, dishes, food utensils, and household and commercial premises. Cleaning agent
shall not mean foods, drugs, cosmetics, insecticides, fungicides and rodenticides, or
cleaning agents exempt from this Ordinance.
2. "Phosphorus" means elemental phosphorus.
3. 'Person" means any person, firm, partnership or corporation.
B. Prohibition. No person may sell or distribute for sale within the City of Ashland City Limits,
any cleaning agents containing more than 0.5 percent phosphorus by weight except cleaning
agents used in automatic dishwashing machines shall not exceed 8.7 percent phosphorus by
weight.
C. Exemptions. This Ordinance shall not apply to any cleaning agent:
1. Used in dairy,beverage,or food processing equipment.
2. Used as an industrial sanitizer, brightener, acid cleaner or metal conditioner, including
phosphoric acid products or trisodium phosphate.
3. Used in hospitals, veterinary hospitals or clinics,or health care facilities.
4. Used in agricultural production and the production of electronic components.
5. Used in a commercial laundry for laundry services provided to hospital or health care
facility or for a veterinary hospital'or clinic.
6. Used by industry for metal cleaning or conditioning.
7. Used in any laboratory, including a biological laboratory, research facility, chemical,
electronics or engineering laboratory.
8. Used for cleaning hard surfaces, including household cleansers for windows, sinks,
counters, stoves, tubs or other food preparation surfaces,and plumbing fixtures.
9. Used as a water softening chemical, antiscale chemical or corrosion inhibitor intended
for use in closed systems, such as boilers, air conditioners, cooling towers or hot water
systems.
Page I of 2
ASHLAND MUNICIPAL CODE
10. For which the Council determines that imposition of this Ordinance will either:
a. create a significant hardship on the user;or
b, be unreasonable because of the lack of an adequate substitute cleaning agent.
D. Severability. The provisions of this Ordinance are severable. If any provision of this
Ordinance or its application to any person or circumstance is held invalid,the invalidity shall
not affect other provisions or application of this Ordinance which can be given without the
invalid provision or application.
E. Penalty. Any person violating any of the provisions of this chapter is, upon conviction, guilty
of a Class III Violation and shall be subject to the penalties as set forth in Section 1.08.020.
(Ord.2623, 1991)
(Ord 3029,amended,08/032010)
Page 2 of 2
SECTION 18.72.070 Criteria for Approval.
The following criteria shall be used to approve or deny an application:
A. All applicable City ordinances have been met or will be met by the proposed development..
B. All requirements of the Site Review Chapter have been met or will be met.
C. The development complies with the Site Design Standards adopted by the City Council for
implementation of this Chapter.
D. That adequate capacity of City facilities for water, sewer, paved access to and through the
development, electricity, urban storm drainage, and adequate transportation can and will be
provided to and through the subject property. All improvements in the street right-of-way shall
comply with the Street Standards in Chapter 18.88,Performance Standards Options. (Ord. 2655,
199];Ord 2836 S6, 1999)
Page 1 of 1
SECTION 18.80.060 Improvements.
A. Improvement procedure. In addition to other requirements, improvements installed by the
subdivider either as a requirement of these regulations or at subdividers own option shall conform to
the requirements of this Title and improvement standards and specifications followed by the City.
The improvements shall be installed in accordance with the following procedure:
1. Work shall not begin until plans have been checked for adequacy and approved by the City. To
the extent necessary for evaluation of the subdivision proposal, the plans may be required before
approval of the final map.
2. Work shall not begin until the City has been notified in advance, and if work has been
discontinued for any reason, it shall not be resumed until the City has been notified.
3. Improvements shall be constructed under the inspection and to the satisfaction of the City. The
City may require changes in typical sections and details if unusual conditions arise during
construction to warrant the change in the public interest.
4. All underground utilities, sanitary sewers, and storm drains installed in streets shall be
constructed prior to the surfacing of such streets. Stubs for service connections for all
underground utilities and sanitary sewers shall be placed to such lengths as will obviate the
necessity for disturbing the street improvements when service connections are made.
5. A reproducible map showing all public improvements as built shall be filed with the City
Engineer upon completion of such improvements.
B. Improvement requirements. Improvements to be installed at the expense of the land divider are as
follows:
1. Interior streets. All interior streets shall be graded for the entire right-of-way width, and
roadways shall be improved with paving, curbs, gutters, and drainage. The subdivider shall
improve the extension of all subdivision streets to the center line of existing streets with which
subdivision streets intersect.
2. Exterior unimproved streets. When part of a proposed subdivision or major land partition
abuts an existing unimproved street, the property owner, or a representative, shall satisfy the
minor land partition improvement requirements and sign an agreement in favor of improving said
street in the future to full City standards as outlined in this Section.
3. Structures. Structures specified as necessary by the City, for drainage, access, and public safety
shall be installed.
4. Sidewalks. Sidewalks may be required on one (1) or both sides of the street at the discretion of
the Planning Commission. Such requirement shall be related to the general level and type of
development in the area, the anticipated level of pedestrian traffic, and the safety and
convenience of children and other pedestrians.
5. Improvements to be installed or provided by subdividers include all items required by the
Director of Public Works at the time of the subdivider's plat and construction plan and
specification approval.
6. Sewers. Sanitary sewer facilities including laterals connecting with the existing City sewer
system shall be installed to serve each lot. No septic tanks or cesspools will be permitted within
the City. Strom water sewers shall be installed as required by the City.
7. Water. Water mains and services, fire hydrants of design, layout, and locations approved by the
Director of Public Works as conforming to City standards shall be installed.
8. Street trees. Street trees may be required by the Planning Commission and shall conform with a
City street tree plan or specific requirements of the Commission relating to tree type, size and
spacing.
9. Landscaping on lots where the allowable percentage of lot disturbance has been exceeded.
10. Monuments. Upon completion of street improvements, monuments shall be re-established and
protected in monument boxes at every street intersection and at all points of intersection, or at all
points or curvature and points of tangency of street center lines.
C. Underground utilities - required. All on site utility lines, including but not limited to electric,
Page I of 2
communications, street lighting, and cable television, shall be installed underground, except as
provided in "D" below. For the purpose of this section, appurtenances and associated equipment
such as, but not limited to, surface-mounted transformers, pedestal-mounted terminal boxes and
meter cabinets, terminations for concealed ducts in an underground system, and street lighting
structures and fixtures may be placed above ground. This section does not apply to utility lines
which do not provide service to the area being subdivided.
D. Underground Utilities - Exceptions. Minor land partitions shall not be required to provide
underground utilities, provided that all new service for residential uses shall have installed a service
panel and stubbed conduit to convert to underground utilities at a future date.
E. Underground Utilities - Cost. The developer shall deposit with the City the total fee required in
Section 14.16.030 of this Code, and shall be responsible for all trenching and backfilling. (Ord. 2148
S2, 1981)]
F. Underground Utilities-Rules and Regulations. The City Council may, by resolution, adopt rules
and regulations governing the installation and allocation of costs for underground utility extensions.
(Ord.2148 S3, 198 1)
G. Safety Street Lighting. Safety street lighting shall be provided by the developer in new
subdivisions and in private developments of five (5) acres or more. Developer shall bear all costs
except wiring, maintenance and energy. All street lighting improvements shall be installed to the
satisfaction of the Electric Superintendent in accordance with the specifications on file in the office
of the Electric Superintendent. The amount and intensity of illumination provided for street lighting
shall be in accordance with the standards established by the illuminating Engineering Society,
American Standard Association,as approved by the Electric Department.
Page 2 of 2
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-ASH LAN D
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75-098385 o-a
AGREEMENT
BETWEEN
CITY OF ASHLAND - B & G PROPERTIES , INC .
WATER AND SEWER
7 THIS AGREEMENT made and entered into this.U,.,.✓day of
V 1975, between B & G PROPERTIES, INC. , an Oregon
corporation, hereinafter referred to as "B & G" , and CITY
OF ASHLAND, an Oregon municipal corporation, hereinafter
referred to as "Ashland" ,
WITNESSETH :
RECITALS :
1 . Oak Knoli-1 (described in Exhibit "A" attached) has
been furnished water and sewer services by Ashland for a
number of years pursuant to the terms of agreement dated
May 1, 1962 , a copy of which is attached as Exhibit "B" .
i
2 . B & G is the successor to the second party in the
agreement dated May 1 , 1962 . It is the purpose of this
agreement to replace the agreement of May 1 , 1962 , by this agreement .
NOW, THEREFORE, in consideration of the foregoing recitals
and of the mutual covenants contained herein, it is agreed
by the parties hereto as follows :
I
The agreement dated May 1, 1962 is hereby rescinded and
1 - Agreement
%lac r✓ °.v Tv i`— ) > c'� D 7� Y
'75-09838
shall no longer be operative from the date hereof .
II '
For the purpose of this agreement the following terms
have the following definitions ...
1 . Water service connection : A pipe conveying water
from a water main to a parcel . of land . It consists of
pipe , fittings, valves, meter and meter box .
2 . Water main : A pipe conveying water from a water
transmission line to any number of water services . It
consists of pipe , fittings and valves .
3. Water main appurtenances : Those items which are
necessary for the proper operation of a water main
under the particular circumstances and which include ,
but are not limited to, valve vaults , thrust rods or
blocks , fire hydrants_, flushing outlets , pressure
regulators, and regulatory vaults .
4 . Sewer Lateral : A pipe conveying sewage from a parcel
of lan-a— o sewer trunk . It consists of pipe , fittings
and ,jointing material .
5 . Sewer gunk : A pipe conveying sewage from a number
of sewer laterals to an interceptor . It consists of
pipe, fittings and ,jointing material.
o . Sewer trunk appurtenances : Those items which are
necessary for the proper operation of a sewer trunk in
the particular circumstances and which include , but
are not limited to, manholes , cleanouts, thrust rods or
blocks and pipe encasements .
III
i
Oak Knoll-1 shall be only for single-family dwelling units
and shall consist of not more than 118 lots . There are
i
approximately 55 lots which have been developed and are
presently connected to the water and sewer services of Ashland .
i
2 - Agreement .
i
'75-09838
There are 44 vacant lots with water and sewer services
installed and 19 lots without services installed all of
which lots shall be entitled to Ashland water and sewer services
upon compliance with the following terms and conditions :
I . All extensions of water and sewer facilities shall
be done in accord with Ashland 's regulations and subject
to the inspection of the personnel of Ashland and approval in
accordance with all applicable city, county and state standards
before service shall be furnished to the particular lot
In question .
2 . There is a differential in the connection charges
which is determined by whether the connection is to a water
main or sewer trunk existing at the date of this agreement
or whether the water main or sewer trunk are hereafter
installed . The connection charges are as follows :
A . In the case of water mains and sewer trunks
in existence on the date of this agreement the
connection charges shall be as follows :
With respect to water,
3/4 inch °$717S. 00
1 inch 515 . 00
1 112 inch 67.5.:.00
2 inches 7$5.:00
4 inches and over 100 . 0.0
Cost +
3 - Agreement
'75-09838
With respect to sewer,
4 inch lateral connection from
trunk line to normal curb line $370 .00
6 inch lateral connection from
trunk line to normal curb line 430 .00
8 inch lateral connection from
trunk line to normal curb line 625 .00
10 inch or over lateral connection
from trunk line to normal curb
line Cost + 100.00 '
B. In the case of water mains and sewer trunks
constructed after the date of this agreement, they shall
be constructed by B & G at its expense . The connection
charges shall be as follows :
With respect to water (the service connection shall be made
by Ashland) as follows :
Service size Rate
3/4. inch $275 .00
1 inch 415 .00
1 112 inch 575 .00
2 inches 685 .00
1
4 inches and over COST
i
With respect to sewer, the trunks and laterals shall be
i
i
installed by B & G at its expense .
I
i
3 • B & G agrees that in all conveyances of lots and property
the conveyance shall contain a provision that the grantee covenants
for himself, his heirs and assigns , to consent to the annexation
to Ashland at any time Ashland may desire to annex such property .
i
I
4 - Agreement
75-09838
A covenant in substantially the following language shall be in
compliance with the terms of this agreement :
The grantee for himself, his heirs , successors and
assigns covenants and 'agrees that the property conveyed
by this deed shall be subject to annexation by the
city of Ashland .
Grantee 's acceptance and recording of this deed shall
be considered his application and consent to such annexation.
Grantee further convenants that in the event of such
annexation grantee shall satisfy the bonded indebtedness
to any special service districts outstanding against grantee ' s
property at the time of such annexation if withdrawal of said
property from the special service district is required .
The foregoing covenants shall be appurtenant to and run
with the land until the 31st day of December, 1980 .
4 . In the event of annexation of Oak Knoll-I , no annexation
fee shall be payable to Ashland . B & G does consent to the
annexation of all land owned by it in Oak Knoll-I . In the event
of annexation B & G shall satisfy the .bonded indebtedness to any
special service district outstanding against B & G' s property at
the time of such annexation if Ashland chooses to withdraw the
property from the special service district .
IV.
Oak Knoll-II is situated in the county of Jackson, state .
of Oregon and is more particularly described on Exhibit "C"
which is attached hereto and made a part hereof . Oak Knoll-II
shall be developed so that there will not be more than 132
dwelling units on said property . The land embraced in
Oak Knoll-II shall be used for no other purpose than dwelling
i
units , unless permitted by Ashland. The units shall be
developed in accordance with all city rules and regulations ,
5 - Agreement
'75--09838
the same as though the property were situated within the City
of .Ashland. If the property is developed as a planned unit
development, such development shall be in accordance with
Ashland' s regulations for planned unit developments . Ashland
may consider the use of the entire parcel and the maximum
density of 132 dwelling units in approving the planned unit
development.
The following rules , regulations and terms shall apply to
the use of Oak Knoll-II and with being furnished water and
sewer services by Ashland :
1 . Water facilities :
A . Mains and reasonably necessary appurtenances shall be
installed by B F, G in accord with plans and specifications
which have been submitted to Ashland for its review and
approval in accord with all then existing city , county
and state regulations , After they are installed , they
shall become t}ie property of Ashland,
The service connection, The cost thereof shall be
in accord wit}L the current charges of Ashland at the
time connection is requested, The cost shall be paid
to Ashland at the time installation is requested ,
2 , Sewer £aciliti.ess
A . The entire sewer facility, which. shall include trunks
and laterals , shall be installed by B $ G sub,j.e.ct.-to review
and approval-,of:-plans and- 'speeifiicataons by'tA,§h3and in
accord with' all thenexisiing.:city; county add.,state;:tules
and regulations . During construction , Ashland shall have the
right to inspect construction work if it so desires . After
approval. , the trunks and laterals shall become the property
of Ashland and shall be maintained and replaced by Ashland
as it deems necessary.
6 - Agreement .
175-09838
B. If a sewage pumping station is required, in
the opinion of Ashland, to serve any portion of
Oak Knoll-II , it shall be installed by B & G
,and at its expense . It shall become the property
of Ashland in accord with the foregoing provisions .
4 . To serve Oak Knoll-II with water it will be necessary
for Ashland to extend its 12 inch water main from its existing
point of termination at Siskiyou Boulevard and Crowson Road
to the water system to be built on Oak Knoll-II . B. & G shall
pay to Ashland all installation costs and material costs
of an 8 inch main and Ashland shall pay the excess of the
material and installation costs over the costs thereof of
an 8 inch main. It is estimated at this time the cost to
B & G would be approximately $ 32 ,900 .00 This project
shall be either put out to bid by private contractors by
Ashland or the work done by Ashland at its election. In
either event B & G shall deposit with Ashland the amount
of the bid or Ashland' s estimate of the project cost before
the work is commenced by Ashland or the contract entered into
between Ashland and the private contractor.
Any properties connecting to this water main within '1.0 years
of its completion, which fronts on Crowson Road between Siskiyou
Boulevard and the point at which the water main leaves Crowson
Road and turns toward Oak Knoll-II , shall be required to
pay to Ashland the sum of $400 . 00 for each water connection .
Ashland shall pay such sum over to B & G to compensate it
in part for the cost of the extension of said water main .
It should be noted, however, that at present the policies
of Ashland do not permit extension of water services to users
outside the City of Ashland . B & G acknowledges this fact
7. - Agreement
75-09838
and that there is not any present plan to change this policy . At
completion of the construction of this water main, it shall become
the property of Ashland .
5 . 13 & G agrees that the deeds to all lots or property sold
by it after the date of this agreement shall contain a covenant
substantially in the language of the covenant set forth in paragraph
3 , page 5 . The grantee shall further covenant that the owner at the
time of annexation will pay to the city 1 cent for each square foot
of land annexed to the city as an annexation fee . This covenant shall
be substantially as follows :
Grantee , for himself, his heirs , successors and assigns,
covenants and agrees that at the time the property is
annexed to the city of Ashland the owner will pay to the
city 1 cent for each square foot of land annexed to the
city as an annexation fee .
The consent to annexation and agreement to pay the annexation fee
and cost of withdrawing the property from special service districts
applies also to B & G, and land owned by it in Oak Knoll-II at the
time of annexation .
V.
Ashland has a sulphur water spring east of Crowson Road , The
line from this spring crosses the land described herein which is owned
by B & G. Ashland shall have the right to maintain this line and to
go upon the land to accomplish this maintenance . , If B & G finds it
necessary to move this line , it shall do so at its sole expense .
VI .
The following requirements apply to both Oak Knoll-I and
Oak Knoll-II as described in Exhibits "A" and "C" and the continuance
of water and sewer service to these properties is conditioned upon
full compliance with the following terms and conditions :
8 — Agreement
75-03838
1 . Before installation of any new facilities , the plans
and specifications therefor shall be presented to Ashland
for its review and approval in accordance with all city,
county and state regulations .
2 . All water and sewer facilities shall be , upon com-
pletion and acceptance by Ashland and upon receipt of
"as-built" drawings , the property of Ashland and from that
time on Ashland shall maintain and replace such lines as
may be necessary . No sewer and water service will be fur-
nished until the water and sewer facilities have been completed
and become the property of Ashland in accordance with this
agreement .
3 . All regulations , connection charges and rates are based
upon the ordinances of the City of Ashland shall be as the ordin-
ances presently read or as they may be changed in the future. In
no case , however, shall a greater burden be placed on the property
which is the subject of this agreement than upon other users out-
side of Ashland who are similarly situated .
4 . Ashland shall have the right to enforce the payment of water
and sewer charges by users as . they have with respect to .users of
such services within Ashland. All city ordinances pertaining to
the use of these services shall apply except as may be herein
stated to the contrary.
S . Ashland agrees to provide adequate water service for
the users in Oak Knoll- I and Oak Knoll- II subject to limitations
of water supply and subject to the condition that said water
9 - Agreement .
'75-09838
users are required to use water for domestic purposes only except
when sufficient supply is available to permit lawn and household
garden irrigation, and Ashland . is to be the sole judge of such
available supply , and further subject to the provisions of 224 . 010
et seq. Oregon Revised Statutes .
Streets and storm sewers shall be constructed after first
submitting plans and specifications to Ashland for its review and
approval in accord with all existing city, county, and state regu-
lations and standard engineering practices . Such streets and storm
sewers shall be maintained by B & G unless the property upon which
they are situated is annexed by Ashland ,
7. , All utilities including sewer, water, telephone , electricity
and cable TV shall be underground ,
VII ,
It is the intention of the parties that the burdens imposed
upon the land described in Exhibits "A" and "C" which are now
owned by B $ G are intended to be burdens on the land and to run
with the land and be fully binding upon the successors and assigns
of B F, G.
VIII ,
This agreement shall be binding upon and inure to the benefit
of B ; G , its successors and assigns .
10 - Agreement
75-09838
IN WITNESS WHEREOF, the parties have hereunto set their
hand the day and year first hereinabove written.
B '& 'G._PROPERTIES , INC. CITY O ASHLAND
By �� Y By
President, ,- May
0
{T `1
BY By
Sec etary Ci Recorder
STATE OF OREGON )
ss .
County• of Jackson }
On this P aV day of d T
vA 1975, before me appeared
GARY L. PRICKETT and JOSEP- H SUTLER, both to me personally
known, who, being duly sworn did say that he the said
GARY L. PRICKETT is the Mayor and he the said JOSEPH M. BUTLER
is the City Recorder of the City of Ashland, the within
...named municipal corporation, and the said GARY L. PRICKETT
d�'J'O§SEPH M. BUTLER each acknowledged to me that the said
'3gret-meht was the free act of the city .
L G Notary Public for Oregon
�_ +•. ?;;.. My commission expires :
MY COMMISSION
STATE OF OREGON )
as ,
County of Jackson. )
On this -? i7- day of «L - , 1975 , before me appeared
W. A. GRAFF and OTTO J% RO MAYER, both to me personally
known, who, being duly' swor did say that he the said
W. A. GRAFF is the president and he the said OTTO J .
FROHNMAYEj ..,Is ..t} e secretary of B . & G Properties, INc. and
each ac khAwladge,$•;to me that the said agreement was the free
act ofs��Iyd•`corftktion.
t �O 17J4c V'c No ary Public for Ore on
r� •it <<v ; My commission expires : —E=u
11 - Agreement .
. . EYHIBID "A"
75-09838 OAK KNOLL - I
CO_* NCING at the corner common to Sections 11, 12 , 13,
and 14 , Township 39 South, Range 1 East, Willamette Meridian ,
Jackson County; Oregon; thence along the .East boundary of
said Section. l4, South 0 001' 10" West, 283 . 68 feet to an 8"
diameter by 24" concrete monument with a bronze disk for the
initial point of beginning; thence along the East boundary
of said Section 14, South 0°02 ' 10" West, 1420 . 03 feet; thence
South 32032 ' 20" west, 150 . 30 feet; thence South 63 021 ' West,
154 . 25 feet; thence South 26°39 ' East, .120 . 00 feet;_ thence South
63 021' West, 10A . 57 feet; thence on the arc .of a 160 . 00 foot
radius curve right (the chord bears South 13°10`10" West, 140 . 68
feet) a distance of 145. 66 feet; thence South 39 1I5 ' West, 7 : 33 feet;
t(yence on the arc of a 20 foot radius curve. left, the chord
bears South 1329 '20" West, - 24 . 50. feet) a distance of 26. 366 feet;
thence on t arc Of a 130 foot radius curve right, (the chord
bears South 28020 ' 40" East, 49 . 65 feet) a distance of 49 .81 feet;
thence South 69 035 ' West 60. 00 feet; thence South 7600 80 ' 21" West
255. 24 -feet to the Northeasterly boundary of Interstate Highway
n5; thence 'north 26 639 ' West along said Highway boundary 599 . 62
feet to. an intersection with the West boundary of Donation
Land Claim No. 52 of said Township and Range; thence along
.said Clain boundary North 0°00' 50" West, 265 . 29 feet; thence
North 37 054 ' East, 263 . 47 feet; thence South 52°06 ' East
100 . 00 feet; thence North 37.°54 ' East,. 20 . 00 feet; thence
North 52006 ' West 100. 00 feet; thence North 32°51 ' 48" E, 57 .96 feet; .
thence North 14°22 ' 43" East, 60. 50 feet; thence North 11 040 ' 39"
East 65 . 75 feet; thence North 16 011 ' 56" East, 91. 15 feet; thence
North 31027 ' 06" East, 79 . 52 feet; thence North 38°47 ' 08"
East, 49 . 57 ' feet; thence North 57 006 ' West, 159. 20 feet;
thence South 32 054 ' West, 250 . 87 feet; thence 7 . 47 feet along
the arc of a curve left, (which arc has a radius of 13.00
feet and a long chord of South 16°26 ' 35" West, 7 . 37 feet) ;
thence South 89 059 ' 10" West, 60 . 00 feet to the.West
boundary of Donation Land Claim No.. 52 of said Township
and Range; thence along said Claim boundary, North 0°00.' 50"
West, 215 . 82 fee_; thence North 89°59 ' 10" East, 60 .00 feet;
thence 77. 01 feet along the arc a curve left (which arc
has a radius of 30 . 00 feet and a long chord of South 73`33 ' 25"
East, 57 . 54 feet) ; thence North 32°54 ' East, 151 . 22 feet;
thence 39 . 86 feet along the arc of -a curve left (which arc
has a radius of 170 . 00 feet and a long chord of North 26 011 ' East ,
39 . 77 feet) ; thence North 19°2.8 ' East, 110. 49 feet; thence
101. 01 feet along the are of a curve right (which has a
radius of 530 . 00 feet and a long chord of North 24°55 ' 35"
East, 100 . 85 feet) ; thence North 54°54 ' West, 131 . 77 feet; '
thence North 35 006 ' East, 558. 05 feet; thence South 54°54 '
East, 108. 12 feet; thence North 31 035 ' East, 208 . 50 feet to
the Southwesterly boundary of the GREENSPRINGS HIGHWAY; thence
along said Highway boundary, South 58°25 ' East, 282 . 06 feet;
thence along said Highway boundary 111.88 feet along the arc
of a curve right, (which arc has a radius of 686 . 20 feet and
a long chord of South 53 044 ' 45" East, 111. 76 feet) ; thence
South 45008 ' 55" West, 266 . 78 feet to the initial point of
beginning.
Exhibit. "A"
75--09838
.. EXHIBIT "C"
.. OAK KNOLL-II ..
Beginning at the most northerly corner of that tract of land described
in Warranty Deed to Oak Knob Land Corporation recorded February 7 , 196
in the Book 540 page 362, Deed Records of Jackson County, Oregon, which
corner is on the Vest line of Section 131 Township 39 South, Range 1
Rasa.: of the Willamette Meridian, in Jackson County , Oregon, 1220. 0 feet
North .0°02 `-10" East of the Northwest corner of Donation Land Clair
No. 54 , .said TownshiD and Range aced, fron sain point of beginning run
thence South ??*?6 'East along the Easterly _ lime of said Oak Knoll Land
Corporation tract 1718, 0 feet; more or less, to the North line of said
Donation Land Claim No, 04 ; thence West, along the north line of , said
Donation Land Claim No, 54, 316.36 feet, more or less, to the Northwest
corner of that tract of land conveyed to James 3. Smith, et ux, by deed
recorded March 91 19661 as No. 66-02770, Official Records of Jackson
County, Oregon;. thence South, along the Rest line of said Smith tract,
437.03 feet, more or less to the Northwesterly right-of-way line of
Crowson Road; thence Southwesterly, along the Northwesterly right-of-way
line of Crowson Road to its intersection with the Northeasterly right
of-way line of Interstate Highway No. 5; thence Northwesterly, along
the Northeasterly right-of-way line of Interstate Highway No. 5 to
its intersection with the West line of Donation Lard Claim No, 52, _said
Township and Range ; thence North, along the West , 11me of said Donation
Land Claim No. 52 to its intersection with the South right-of-way line
of Oregon State Highway No, 66; thence Easterly, along the South right-
. of-way line_ of said Oregon State Highway No, 666 to its intersection
with the best line oI Section 12, said Township and Range ; thence South
along the West lines of said Sections 12 and 13, 1920 feet, more or
less to the point of beginning, in Jackson County, Oregon,
COMMENCING at the west-northwest corner of Donation Land
Claim No. 53 in Township 39 South , Range 1 East of the Willamette
Meridian in Jackson county, Oregon, thence South 89047 ' East, along the
north line of said claim, 177 . 52 feet to the southwesterly
night of way line of Highway 166; thence North 3806 ' West, along
said line 222 . 90 feet to the true point of beginning ; thence
South 163 . 80 feet; thence North 38 000 ' West 350 . 00 feet;
thence Horth 43°42 ' West 200 . 0 feet; thence North 64 °12 ' West 60 . 00
feet; thence South 87 013 ' West 221 . 0. feet to the west line
of Section 13 , said township and range; thence North 0 006 ' east, along
said line, 371 . 4 feet to the northwest corner thereof; .
thence east along the north line ot said section 50 . 0 _net
to the southwesterly right of way line of said Highway `66;
thence South 49"56 '. East 236 . 52 feet; thence South 3x' 56 ' East .
631. 37 feet to the true point of beginning. EXCEPTINC from the
above parcels that part lying within the boundaries of GREENSPRINGS
SUBDIVISION and GREENSPRINGS SUBDIVISIONd E\TENSIOt No. -1 , according
to the official plats thereof now of record. in Jackson county ,
Oregon . (Oak Kroll-I . ) (Exhibit "A")
State of Gregon, Co;niy of iacison--A.
The thin mywrnent received and filed a .
i Y o'clock
_m. tke Tray of
Recorded in frcoi s tor ;ackDon County
Oregon. - County Clerk.
2 By - i Cenuty
�l Exhibit "C
-
al
:-i;, r - EXHIBIT .,B„
., pg
a R"a-N d �k'sCCt' C+•1*.e'RA:T 5
� i THIS IC"KfeNT , node an.1 rn.er!M fnt t 2s let dug of may
a .bg and be ta"en the CITY OF ASlff1+RU, a tunic tpel eorpocatf osa
.
UW Stats' cf Oregon, heralnmftor knows as the First patty, atm!
4.IV.7
Lybe 0tTMj=r-pACIF1C DEMOPWIff CORPORETIOa, an Or*900 oarperatiom::,
+, ° mseaIWftar known as the.. Ceaoad Party,
WITWOUTH s
n, rt@6 'tlw Second. Party Lad its assigns are contmPlatiat
^, Bde'estsblishaeat of a retiresasnt development adj►cent to the Qs .
> ... Sfsall Golf Course which is onzside of the City of QshlAAA% sand It
fa-oentetplated that approximately 250 homes are to be conetr+se"d
x,
ea aLIA property, principally ror the purpose of sale to retired
yF r'pasoae, and .
r Ift=A It is necessary that the developers have now= and
Vatar for said home s, and
zJ 40MOZ", .it is the opinion of the sembers of the Comsat Cowme11,
=°•ad the City of Ashland that such a development would he of greet
~Y' ,bsomClQ to the .First Party and the citisehs of Ashland,
`M1 TMRZnMl In consideration of the covenants and 000ditiens
nos 3nera1tsa tot, stated, the parties do hereby agree astollsms wic..s
!be First Party does hereby covenant and agree to eonstract,
r:aeem► as reaasssbly possible after the exercising by Beocal Party
of the options to pwrchase the land for the above mentioned develop-
seat, water sm:inc. of a site sufficient to take care of the proposed
8evaleparat from ha present and of the city rater lines to the
Property lime of the proposed development and a sewer line fre= too
_ _ "•' savaes diapoaal plant of the rirst Party to the property lies of tnp
"opened development located on Highway 66 at the approximate loos: ':
Y_�'�t. tti tr astrd •tY-.tha FeaaF#d {lrty. � `�.' r. �F.
O"Acost of the foregoing installetiaata
W.
r tssrstA as Pollose e
l (aE The lirot party Oell pay for tbs Belt at.. .�-
tf� ed the so me in fro® the pro"at smSu It
^` ;1 jatereseties of Yolm m Creak Road affi -files
ieakeam eamty. Oregon, for t1w rs.tsan
=litAettt of the bealth and welfare of the eftlseas alf
be mdegaate sewage facilities .for %bed
,`''�' �•P'mtsae'der"lepeent of the Bellview area.
The oast of further extension of. *--- -
da tatml"vost erf the extensioa of the water 'vain,
y Y
��;x3st^ew.67 the 6eeeed party and its aesigme.
. , (s) It is comteeplated that QW tout to theKt�,,y¢�
W the lmstmllation of Mid eater main shell beMIS'l
S mad a0�l100 (��{M�•00/. Dellare'w� iii L .�t
his pewpartiemate share of the
h�
"d mono* (W'000.00) fEe laq r �
It is *Speed and madersteed that h�wt�
a •�,� 1F�e�'l+�' ewstrestiad+ t!!e _ , � ,� �- �s
° ftPWVv1tb ,t%m first !arty us tortal
`tlA *on" ($46.000.00) 9ollare the estimated,�c
P1yt
' th to be bares by deeee6 Party, Im the ovs6t- � {.
most is less tbm® the aswmmt deposited# cpon sm�p3 asst '?
v�s eeeetrmstiea may eaoant war anB above tbo satmal mill .
be isvdt-ttely delivered to the "*WA Party►
t5 vest of ecaetruatiem is greater than ostimitad.` \a
dae ever mad above that deposited with the nrst Psr*,:shaU
Y FYy, s� Nt v ^f.f� kvbbof cis t['�4�7ti`�3 .u- ;. c <C71 f.. eP..:e. isA ' r�•t`
�Y..-...e. .-srer1i-K�.• f t - t -•
}�,.y"'����y�#.'�.yi�"4'�;�y+it,`.r� `_SG t^ _ ��4,Sl�'� n`�' -i s-,,i L �'�'�L ri � �y.K:S, •,.� f �- t � '_°t' 7
`•,..-ar sl`4xw. .,, q ♦ :-y , :�
is 4y 6 3..
tee :.y .tlw 50"M f*St f.
eoat of the for�6oin6 installations Shin'.-U- M
Tkka 1
ttisratq 84 f Ca ows t
Y� ft �artg shall pay for t� cost :
T
Uvm- of tho ce r ®min fray th& p"sent ®sf$'a!
of Tolman Crew RoaQ cAA$ ?� yt, .
'"$ e*=t7s ar®gOkt 'G LW r'�[
tmortt of the health ead we Ifara of the eitts
k-
be edogw to @*wage f®ailltiaa 671130.
M
B®vsi t o.° the Ballviev &roa-
The cost of farther szteaDion of
c .*Mal e=t of the estensies of thm saterr
a z S
b he Oveow Par tr wd ita
T
era fs)
It fee atntasplaw tmt s'sa asst to
v .a
` �;'w the Imotallation of said enter min
eaS no/100 (669000.00).tsel wo 'I S33 � r s
.� to prt.e+ortienate agars of tka %mr-M e
aEsq�srr-` t�thwasmd am 1o* (W.000.00) Dquer"
x$ to agreed to c ®ret0*4 tiat
fop OMortrWtLftj the ftl'C� 4t° �^q'--�-'�a
.xiY jr rYti G"t t 'With tba q rat ftryp tua tatal- I'.'d�p t .
p t; ii-'.
md
(O4t00.00) Bollare+t the OkittmtGfi W
t'
' Uft to be bores by fartgt In t1w
eaaat 8s 1®as tffimas t� t �eyaasito @t rti 'sue^�,En :6 alt .
i
IV 1
ttametroatiam sy sit aesr asd abwe the aet 2 t> L& a
'= ba itetelg ®listi to 49 "Cow Fart :7 >:
Un cost a° oompt:mtiem is mater than eatimteA ' =J`c ,Mt
elm seer aM above that doposlted with the First PmrW ahall
� dalivcreu vithln tan (10) days site- stiffen fiesutad is
delivered froc the F'i'rst Party to th.' Second Party. {4
I11 .
It is %greed and understoo,4 that all rater and sever maims
eonatraeted by .reeson of the provisions of the. foregotng paragraphs
%hail be own,ad by the First Party, and the Second Party shill Mv'e
Do right, title:or_ interest therein.
1Y.
It .Sa agreed and understood that the First Party-shall have
the right to approve all specifications of the water and -sever lines
within the developaent which are to be constructed by the Second
Party.
Y
After the construction or said water and sewer trunk lines by
the First Party and the construction and installation of the sever
AW Mater 11,nes: withln the development by the Second Party or its
asslsstsj it is agreed and understood that the First Party shrill
apomts.&M maintaln. the entire water End sewer system subject to
tiro' torus and conditlons of this afreement, the Ashland City Charter,
and further subject to the provisions of 22;.020 at seq. Oregon
Revised Statutes and 224 .01n at seq . Oregon Revised Statute@. The
city nf. Ashland 4hall operate and maintain said rater and sever
systems the cam as if such property were within the City of Ashland,
ezeept that the First Party shall have the right to sake a reasmablo
femtW4 charge to users over and above the charge lade to users with-
ip the City of Ashland.
YI.
It ig agreed that the monthly sever service char-% shall be
Two and 50!100 ($2.i-)) DOLI:ers per m-,nth for users ant such charge
shalt cnntinu� t , a:. . .:n' -rlf,'ii',... .� : , .i.�• .-• ,
yf
t'be First Ftrty. shalt hero the aa.re- rights to tnfarea thm
*my%, sat of ehargca Cy users of _the+ sever and water faailitifte
the First Party has or shall have against the rears sithin tite city
of kshlarA and any city ordinance appertaining thereto shall be
mpplieable. to rAliers ortside of the city limits as wvll as trlthia
My City. `
VIII.
The First Party agrees to provide adaqusto water servit® f4W
the saws in the propos_-i der-lopment subject. to llaitatiaas of
water, sapply and subject to the condition that said water 94ere are `
. roquirod to use aster for domestic purposes, only except wbrn GUM
-
eiatt supply is available td pervlt lawn and household garden
irrigation, and the First Party is to be the sole judge of sneh
available, supply, and further subject to the provisions of 224.010.
et "q. , Oregon Revised Statutes.
rx. 1
It Is, furtos r agreed and understood that the First party at
r-' tay time shall have the right to demand that the Secoad Party or
a
Its asaigia organize water or sewer districts or pr Iva to earpora
tions for the purpose of operating and maintaining said water &M.
aewer systems. In such event the First Party shall have the option
to be under no further obligation to operate or maintain said water
or 'sewer syateas, and further shall have the option to furnish j
ester at a reasonable charge in beak at the property line of $eaood
pahty'a property.
h
1<
It is agreed that the First. Party w111 -xercise .reasonable
a
efforts to obtain .ni sever lines . The First -'
Party 5Lr1b .' but
r;.
; 1 ; '�4i.Y � e�i t : : : •-i �n1 Party,: rood 04- .;
s , f
time pr?taosli C or may elect to dRelara
htis agreement bull an,i YoIC . Fs a `urther consideration Of this
nt, the Second. Party wi' pay the cost of obtaiatag amy
obtained by the City of Ashland for sower or water ilaimaj
TM�x
f horeveri that the Second .Party shalt have the right !�
iazah cost
l �
X1.
N
Zt U agreed and understood that in the event the -
prapartp
p-oposed development is annexed by the City af' lahlapd�s
aeaeasaeat rlll be made for trunk serer mains or trnnk.;sto17 ;
.,scams unthorlsed by Ordinance Ho. 1201 and Ordinance
-'M.ty of Pehland because of the contributions to be made Ay
"YYsGSSd Party as heretofore stated.
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ror..by ordiaaaaes of .tha City of Ashland.
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ideas of this agreement, it is mutually agreed that the prevail-
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CITY O F
ASHLAND
Council Communication
June 18, 2012 - Study Session
Discussion of Updating the Economic Development Strategy
FROM:
Bill Molnar, Community Development Director, molnarb @ashland.m.us
SUMMARY
Upon adoption of the Economic Development Strategy, Council requested that modification and/or
revisions to the strategy be considered annually. In staffs opinion, the findings from the recently
completed Business Retention and Expansion Survey (BR&E) appear to validate the importance of the
seven substantive areas identified in the Strategy, as well as the need to continue to address the priority
actions described as the means for implementation of the strategy. At this time, staff is not
recommending any changes or revisions to the Strategy, but rather a continuation and completion of
ongoing efforts with respect to evaluating improvements to the land use development process (i.e.,
Unified Land Use Code project), as well as working with the Chamber to follow up on survey findings
concerning the need for a economic development marketing plan, local training opportunities and an
evaluation of potential barriers to business expansion. Staff also requests a brief discussion with the
Council on whether to proceed with establishing an urban renewal district or seeing an enterprise zone
designation.
BACKGROUND AND POLICY IMPLICATIONS:
The Economic Development Strategy was approved by Council on July 19, 2011. As part of the
adoption, Council directed Staff to provide quarterly updates on the implementation of the Strategy,
particularly in regards to the"priority one" action items listed below. Additionally, Council requested
that the Economic Development Strategy be evaluated on an annual basis to discuss any potential
modifications or revisions. .
1) Conduct a Business Retention & Expansion Survey
2) Designate City Staff"point of contact"
3) Formalize relationships and roles for Strategy implementation among major partners
4) Maximize impact of existing City Economic Development, Cultural and Sustainability grant
process
5) Evaluate the use of Urban Renewal Districts
6) Improve the land use development process
Business Retention and Expansion Survey
At the June 5, 2012, Council meeting, the Ashland Chamber of Commerce presented an overview of
the findings from the Business Retention and Expansion Survey. Three issues that came to light
throughout the survey results and that were consistent with priority action items identified in the
Economic Development Strategy included marketing and communication; education and training; and
business expansion. Additionally, some of the businesses surveyed encouraged continuing efforts
Page ) of 3
I=,
CITY OF
ASHLAND
targeted at streamlining the City's development application process, and were very supportive of
existing and new programs aimed as nurturing sustainable business programs and practices.
Next Steps
Key findings from the Business Retention and Expansion Survey that highlight the needs and concerns
of Ashland's local business community coincide with many of the strategies and priority actions listed
in the Economic Development Strategy. Consequently, staff is not suggesting any changes at this time,
but rather to focus on some of the survey's "red flag" issues through more detailed discussion with key
businesses. Follow-up interviews would likely target some of the following issues:
• Business Expansion—Determine real or perceived impediments effecting local business
expansion;
• Skilled and Qualified Labor Pool—A recurring issue throughout the survey centered on
challenges of hiring skilled or qualified employees. The Chamber has discussed working with
city staff and other supporting partners to determine ways to create and coordinate business
resource and assistance programs; and
• Marketing and Communication —Several businesses suggested the need to address
Ashland's "anti-growth" reputation and look for way to send a message that Ashland supports
local business growth and success. Follow-up interviews would try to ascertain the reasons
behind these comments and what opportunities exist for communicating Ashland's support for
the local business community.
In addition to the above, staff would like to get direction from the Council on whether to proceed with
a final urban renewal plan and whether to seek and enterprise zone designation for certain employment
lands. Memos from City Administrator, Dave Kanner, addressing these issues are attached. Ron Fox,
Executive Director of SOREDI, will attend the study session to answer any questions regarding
enterprise zones.
FISCAL IMPLICATIONS:
N/A
STAFF RECOMMENDATION AND REQUESTED ACTION:
In the aftermath following the completion of the Business Retention and Expansion Survey, city and
Chamber staff discussed the need for additional follow-up interviews with several of the local
businesses. These would be conducted with the desire to better understand the basis of specific survey
comments, as well as to explore ideas about how to address needs and concerns. Over the next few
months, staff is recommending working with the Chamber on the coordination of these follow-up
interviews: Once complete, the additional discussions should help to determine if priority actions in
the Economic Development Strategy need revising and whether or not the schedule and weighting of
priorities is still appropriate.
SUGGESTED MOTION:
N/A
ATTACHMENTS:
Complete Economic Development Strategy document is available at:
http7//www.ashiand.or.us/files/Ashiand EconomicDevelopmentStrategy Final.pdf
Page 2 of 3
CITY OF
ASHLAND
Business Retention & Expansion Survey/Quarterly Report— Council Packet - June 4, 2012
http://www.ashland.or.us/Files/Economic Dev%20Uodate%20Atch.Vdf
• Memo from Dave Kanner regarding Urban Renewal
• Memo from Dave Kanner regarding Enterprise Zones
• Enterprise Zones benefits
Page 3 of 3
CITY OF
-ASHLAND
Memo
TO: Mayor and City Council
FROM: Dave Kanner
DATE: June 12,2012
RE: Urban Renewal
It appears from going through the agendas and minutes of Council study session from last summer that a
final decision was never made regarding whether to go forward with creating a final plan for
establishing an urban renewal plan and an urban renewal district for the City of Ashland. The approved
budget for FY 2013 includes economic development money that has been set aside for the purpose of
creating the final plan. I would like to have some direction from the Council as to whether to go
forward with developing that final plan. Creating that plan would likely cost $40,000 - $75,000 and take
at least six months, depending on the level of public involvement the Council wished to have. Certain
public involvement elements are mandated by state law, including review by the general public, the
Planning Commission, by affected taxing districts and the County Board of Commissioners. Typically,
public informational meetings as well as the public meetings of the Planning Commission and City
Council are included in the public involvement process. Many communities also appoint an urban
renewal planning advisory committee to provide feedback and direction for the plan. The urban renewal
plan must be adopted by the City by non-emergency ordinance after a public hearing noticed to all
households in the City.
The Urban Renewal Feasibility Study prepared for the City by the consulting firm of Tashman and
Johnson is somewhat more detailed than other feasibility studies I've seen, so we would have a good
head start on the final plan, which could mean the cost of a final plan might be at the low end of the
range,but many of the key elements are still missing, including frtal project lists, debt limitations, urban
renewal agency governance structure and district boundaries. Note that Jeff Tashman has retired, so he
would not be available to prepare a final plan for us.
Tax increment financing can be used to fund public facility needs that are stopping or slowing
development that meets the community's economic development objectives. For example, the Urban
Renewal Plan could stipulate that the program funding would be directed towards public improvements
related to retaining or attracting businesses meeting the Business Profile/Attributes in the Economic
Development Strategy, and/or specific performance thresholds such as job retention,job creation, etc.
ADMINISTRATION Tel 541480-6002
20 East Main Street Fax:541488-5311
Ashland,Oregon 97520 TTY: 800-735-2900 ,=
x .ashland.w.us
CITY OF
ASHLAND
Memo
Tax increment financing can be used to fund the public amenities that are typically associated with a
high quality of life and would not normally be required with employment and light industrial
developments such as public plazas and parks, creek restoration projects, trails and multi-use paths, and
public parking lots or structures. Additionally, public participation in funding public facilities for
economic development purposes could be used to focus on projects related to other Council goals and
City policies such as using land efficiently, conserving energy and water resources, and supporting a
multi-modal transportation system.
Urban renewal has a negative image due to past and current practices. Originally,urban renewal was a
federal housing program that was used to completely clear structures from areas thought to be blighted,
and often entire neighborhoods were removed. Even today, there is a wide variation in the way urban
renewal is used depending on the local communities' goals, the decisions of the urban renewal agency
and the state's laws that those communities operate under.
The administration of an Urban Renewal Plan and Agency requires separate budgets and audits, along
with public notices and processes. Additionally, there is the cost of staffing and consultants which are
related to the level of project activity. According to the consultant's memo, if the Urban Renewal
Agency is very active in promoting development, the administrative costs can be high. General
administrative costs and planning of capital projects are eligible expenditures of urban renewal funds.
Here are some questions the Council has asked about urban renewal along with answers:
What projects would be undertaken with urban renewal financing?
The exact answer to that question would be part of the final plan. The feasibility study looked at CIP
projects in the two study areas and used those to develop planning assumptions. The pages from the
feasibility study that listed those projects are attached. They show $6.4 million in projects in the
railroad/downtown area and $20.4 million in the Croman Mill area. Again, these projects were shown
for discussion only. The exact project list would be part of the planning process in the next phase.
Would tax increment financing be able to fully fund all of these projects?
According to the feasibility study, tax increment financing could support all of the projects in the
railroad/downtown area,but not in the Croman Mill area. Urban renewal financing could be part of a
larger funding package that could include SDCs, developer contributions, general obligation bonds,
local improvement districts and grants. It's estimated that the Croman Mill area would generate only
$11 million in funding capacity for$20.4 million in projects identified in the feasibility study.
ADMINISTRATION Tel 541488-6002
20 East Main Street Fax:541-488-5311 ��,
Ashland,Oregon 97520 TTY: 800-735-2900
w ashland.or.us
CITY OF
-ASHLAND
Memo
Are the bonds issued or loans taken to pay for these projects supported entirely by tax increment
financing?
They can be, but the City would get a more favorable interest rate, and therefore save money, if the
bonds are backed by both urban renewal and the full faith and credit of the City. Tax increment
financing is not a pay-as-you-go program. It is a program that borrows funds to pay for(typically
public) improvements and then uses the tax increment to pay the debt service on the borrowing.
Can urban renewal funds be used to pay for improvements, such as seismic upgrades, on private
property?
Yes, as long as those improvements are identified projects in the urban renewal plan. Other jurisdictions
have used urban renewal funds—either as grants or loans—to pay for sidewalk and fagade improvement
programs as well as seismic upgrades.
What is the governance structure of an urban renewal agency?
An urban renewal agency is a completely separate government agency from the city, with its own
governing body, its own budget and its own budget committee. The Council can designate itself as the
governing body if it wishes, or it can appoint a separate governing board.
What is the definition of"blighted area?"
At the end of this memo is the definition from ORS 457.010. As you will see, it is very broad and goes
far beyond what we normally think of as blight. Note the condition in 457.010(I)(e), "The existence of
inadequate street and other rights of way, open spaces and utilities."
Are we"borrowing against the future"to do projects today?
That may be one way of looking at it. In theory, properties in the urban renewal districts would not
develop or redevelop if not for the projects that are paid for by tax increment financing. While all of the
taxing jurisdictions in the urban renewal district forego tax revenue as long as the district is in place it is
—again in theory—tax revenue they would not be receiving anyway because there would be no
improvements on the subject properties without the urban renewal projects. On the other hand, as
properties develop, they create demand for police and fire services without contributing any additional
money to the general fund for those services. When the urban renewal district sunsets, the full value of
the properties comes back onto the tax roll and over time the increased tax revenue more than makes up
for the foregone revenue. The feasibility study includes an analysis of"foregone" tax revenues by each
of the overlapping taxing districts. The City is projected to forego revenues equal to 2% of its FY 2011
permanent rate levy ($170,467 average/year) for the Downtown/Railroad Property Study Area, and
0.5% of the FY 2011 permanent rate levy($45,177) for the East Ashland Study Area. The other taxing
ADMINISTRATION Tel 541488-6002
20 East Main Street Fax:541488-5311 =,
Ashland,Oregon 97520 TTY: 800735-2900
w .ashland.or.us
CITY OF
ASHLAND
Memo
districts (e.g. Jackson County, Rogue Valley Transit District) are projected to be on average less than
0.3% of their FY 2011 permanent rate levy for the Downtown/Railroad Property Study Area, and less
than 0.1% of their FY 2011 permanent rate levy for the Croman Property Study Area.
Can an enterprise zone designation be applied to an area in an urban renewal district?
Yes, although it slows down the growth in tax revenues and thereby inhibits the borrowing capacity of
the urban renewal agency, which, of course, diminishes the amount of money available for projects.
Attached is a memo on this subject from Jeff Tashman that was written this past January.
ADMINISTRATION Tel 541-088-8002
20 East Main Street Fax:541488-5311 =,
Ashland,Oregon 97520 TTY: 800-735-2900
w .ashland.or.us
CITY OF
-ASHLAND
Memo
1
457.010 Definitions.As used in this chapter, unless the context requires otherwise:
(1) `Blighted areas" means areas that, by reason of deterioration, faulty planning, inadequate or
improper facilities, deleterious land use or the existence of unsafe structures, or any combination of
these factors, are detrimental to the safety, health or welfare of the community. A blighted area is
characterized by the existence of one or more of the following conditions:
(a) The existence of buildings and structures, used or intended to be used for living, commercial,
industrial or other purposes, or any combination of those uses, that are unfit or unsafe to occupy for
those purposes because of any one or a combination of the following conditions:
(A) Defective design and quality of physical construction;
(B) Faulty interior arrangement and exterior spacing;
(C) Overcrowding and a high density of population;
(D) Inadequate provision for ventilation, light, sanitation, open spaces and recreation facilities; or
(E) Obsolescence, deterioration, dilapidation, mixed character or shifting of uses;
(b) An economic dislocation, deterioration or disuse of property resulting from faulty planning;
(c) The division or subdivision and sale of property or lots of irregular form and shape and
inadequate size or dimensions for property usefulness and development;
(d) The laying out of property or lots in disregard of contours, drainage and other physical
characteristics of the terrain and surrounding conditions;
(e)The existence of inadequate streets and other rights of way, open spaces and utilities;
(f)The existence of property or lots or other areas that are subject to inundation by water;
(g) A prevalence of depreciated values, impaired investments and social and economic
maladjustments to such an extent that the capacity to pay taxes is reduced and tax receipts are
inadequate for the cost of public services rendered;
(h) A growing or total lack of proper utilization of areas, resulting in a stagnant and unproductive
condition of land potentially useful and valuable for contributing to the public health, safety and welfare;
or
(i) A loss of population and reduction of proper utilization of the area, resulting in its further
deterioration and added costs to the taxpayer for the creation of new public facilities and services
elsewhere.
20 East Tel 561AB B-531
20 East Main Street Fax:541AB8-5311
Ashland,Oregon 97520 TTY: 800-735-2900
x .ashland onus
Urban Renewal Feasibility Study: Draft Report
Infrastructure Needs and Cost Estimates— Downtown/Railroad Property
• e o 0
a 60
-sh a
o P ce
Railroad Property
ii-Ye m Streets ._�d.iJ�...x ex.. �� .Y�e6✓1Sa'w .
16 Extend Clear Creek Dr. to Mountain Ave. $ 1,670,000
Fourth Street RR Crossing $ 750,000
,%ter .
17 Water for development $ 240,000
Sewer
18 Sewer for development $ 180,000
19 Riparian Restoration 30,000
20 Conned existing systems $ 370,000
Downtown
21 Intersection improvements $ 2,110,000
22 Planter and street furniture improvements $ 1,080,000
Lithia Plaza Enhancement .?
Parking Facilities ?
Total Current E $ 6,430,000
For the Downtown, intersection improvements were identified in the Downtown Plan
Phase 11, which has not been formally adopted by Council. The current Capital
Improvements Plan lists this project but it is far in the future and unfunded. Planter and
Street Furniture Improvements are neither expensive nor seen as critical to support the
projected development.
What may be critical, pending further study and as part of a comprehensive parking
management program, is additional parking. The TSP update is examining the
Downtown Plan Phase 11 and notes that many projects have not been implemented.
However, it is a fact that the surface lots on Lithia Way have been and are anticipated to
continue to be developed. The old Copeland Lumber/City Parking property north west of
the Post Office is an opportunity parcel projected to redevelop during the twenty year
time frame of an urban renewal plan. The property on East Main and Water Street,
opposite Bluebird Park, is not identified as an opportunity parcel in our projections but
was cited as part of the Downtown Plan Phase II as a site for a "landmark building".
Other surface parking lots on Lithia Way may likely be feasibly redeveloped for more
intensive uses in the future.
As these properties redevelop over time, they will likely simultaneously reduce the
existing supply of parking and increase the demand. Though onsite parking is required
Tashman Johnson LLC 21 July 18, 2011
Urban Renewal Feasibility Study: Draft Report
Infrastructure Needs and Cost Estimates — East Ashland
1 New Central Boulevard from Tolman to Siskiyou $ 6,760,000
Phase I Central Boulevard: Mistletoe to Siskiyou 8 upgrades to Mistletoe
2 in CIP $ 6,130,000
Phase 11 Central Boulevard: Tolman to Phase 1
3 $ 3,050,000
4 Phase II Mistletoe Upgrade $ 1'810,000
5 Washington St. extension over railroad tracks $ 340,000
6 TolmaNSisk' ou Si naliration in CIP $ 400,000
7 New Street Connection from Tolman to Washington $ 750,000
8 Extension of Central Ashland Bike Path from Tolman to Crowson in CIP $ 680,000
g Hamilton Creek Multi-Use Path wlnei hborhood connections $ 540,000
,Water
10 Upgrade portion of existing mainline $ 130,000
12 Upgrade portion of existing mainline $ 460,000
13 Ri afian Restoration $ 220,000
Re-route and underground existing electric feeder $ 1,200,000
Public Facilities "a
Central Park `:$12?000.!0001!
PaOing Structure $�y2�700!000(
Transit Plaza
Total Current$ $20,410,000
The infrastructure needs for the East Ashland Study Area have been identified in detail
in the Transportation Systems Plan, subsequent 'transportation analyses (when. the
Croman Mill site was zoned Industrial) and the amendments to the Land Use Code for
the Croman Mill District. The single most significant project in terms of facilitating
development of the Croman Mill property itself is the new Central Boulevard. Other
projects that are key to the design standards for the new land use district are the Central
Park, "green streets" and multi-use accessways. Finally a transit plaza may become key
if plans for commuter rail service on the Central Oregon & Pacific (CORP) tracks are
implemented.
Tashman Johnson LLC 23 July 18, 2011
Tashman Johnson L«
Consultants in Policy, Planning&Project Management
To: Maria Harris
From: Jeff Tashman
Sub ect: Enter rise Zones and Urban Renewal
Date: January 3, 2012
Cities and counties commonly consider the establishment of Enterprise Zones as a
alternative or additional strategy to urban renewal for the promotion of certain types of
development. Enterprise Zones (EZ) are geographic areas designated by the State in
which eligible businesses (generally non retail businesses that increase employment)
are given exemptions for property taxes on the value of improvements (buildings and
other facilities) related to the new employment, for a period of three to five years. The
longer exemption is contingent on the level of wages paid for the new jobs.
The dollar value of the exemption to a business can be defined as the present value of
three to five years of property taxes on improvements, starting with the first year that
such property taxes would be payable. For example, a business that is constructing
improvements with a real market value of $5 million in an EZ in Ashland would receive
exemptions worth $72,251 for, assume, 5 years. With a discount rate of 5.5% (the rate
used in the calculations of borrowing capacity in the Urban Renewal Feasibility Study),
the present value of that exemption would be $308,534.
This dollar value is less than the amount of investments that could be financed through
tax increment financing. Using the same financing assumptions as used in the
Feasibility Study (5.5% rate, 15 year term, 1.25 coverage), these investments would total
$429,177. If these dollars were used to offset costs that otherwise would be paid by the
business, then the value of the incentive would exceed that of an EZ. Also, this
incentive could be offered to property owners or developers for retail or residential
development that would not be eligible for EZ benefits.
An investment under an urban renewal plan, in addition to providing a financial incentive
to a business, could also promote additional development. For example, if the urban
renewal investment improved a pedestrian way it could promote additional development
along that pedestrian way. (Note that property owners that provide public improvements
that are subsequently used by adjacent property owners can be reimbursed for some
costs using Ashland's Reimbursement District provisions.) On the other hand, EZ's are
common throughout the country and the benefit to a business may be easier to explain
and present to a potential business than the benefits they might receive under an urban
renewal plan.
The decision to apply for a EZ designation takes into account local policies and needs.
Information on the designation application process is provided at
http://www.oregon4biz.comfThe-Oregon-Advantage/Incentives/Enterprise-
Zo nes/s po n s o ri ng-a-z o ne/
Jeff Tashman.503.407.7443•ieff @tashmaniohnson.com
Nina Johnson.503.407.5983• nina(a)tashmaniohnson.com
www.tashmaniohnson.com
Urban renewal and EZ's can be used together. However, the reduction in property taxes
paid by a new business reduces the lax increment revenues during the exemption period
and therefore impairs the use of tax increment financing.
Tashman Johnson LLC 2 January 3, 2012
CITY OF
ASHLAND
Memo
TO: Mayor and City Council
FROM: Dave Kanner
DATE: June 12, 2012
RE: Enterprise Zone
The question of whether the City of Ashland should seek to join the Jackson County Enterprise Zone has
been under discussion for some time. Staff now seeks direction as to whether to prepare a resolution to
formally request that the city's developing employment lands be included in the enterprise zone.
An enterprise zone works by giving traded sector businesses three-to-five year exemptions from
property taxes on certain capital and personal business property investments in exchange for which those
businesses must create and maintain new high-wage jobs.
Attached to this memo is a very comprehensive PowerPoint presentation about Enterprise Zones,
prepared by Ron Fox of SOREDI, who will be at your June 18 study session to answer any questions
you might have.
ADMINISTRATION Tel 541-088-8002
20 East Main Street Fax:541 A88-5311 =,
Ashland,Oregon 97520 TTY: 800-735-2900
w .ashland.or.us
Oregon 's Enterprise Zones
Local Property Tax Incentive
Oregon's Enterprise Zones
Property tax exemption for job creation
• Oregon legislature created Enterprise Zones as a local option property tax incentive for
traded sector businesses making eligible real or personal property investments
• Non-traded sector businesses are not eligible for enterprise zone benefits
• Currently 59 zones across Oregon — adding ten additional new zones in 2012
• In Jackson County we have two enterprise zones:
• Medford Urban Zone — covers the UGB of the City of Medford; includes E —
Commerce benefits (limited to metropolitan areas)
• Jackson County Zone — includes industrial & commercial zoned properties in
White City, Tolo area, Rogue River and Butte Falls
• Jackson County government is the Jackson County Zone sponsor along with cities
Rogue River & Butte Falls
• Additional properties can be added to the Jackson County Zone via a resolution
request submitted to County Commissioners — City of Talent is currently considering
such a request; possibly also Eagle Point
• Properties can be added to Jackson County Zone at anytime but its efficient to
aggregate additions due to requirements for public notices and public meetings
sorEd
to help business prosper
Oregon's Enterprise Zones
Property tax exemption for job creation
• Applications are now being solicited by Business Oregon to allocate the ten additional
enterprise zones permitted by the 2012 Oregon Legislature
• Key requirements for eligibility for seeking an enterprise zone are tied to economic
conditions — including per capita income
• The granting of the ten additional enterprise zone will be by "competitive" evaluation
if more than ten qualifying applications for the new zones are received
• The criteria for business eligibility for the standard, three year property tax exemption
benefit is fixed for all zones. Zone sponsors can set certain criteria requirements for
granting the additional two years of exemption benefit for high wage new jobs
• High wage jobs are defined as jobs paying at or more than 150% of Jackson County's
average annual wage - $34,039 ave. wage times 1.5 = $51,058 annual wages & non-
mandatory benefits (excludes benefit costs such as Social Security, workers
compensation costs and unemployment costs)
• Other zone sponsors use additional criteria such as equal investment in employee
training in addition to the 150% of average wage requirement
s o r e d 1
to help business prosper
Oregon's Enterprise Zones
Property tax exemption for job creation
• Enterprise Zones all have the same eligibility requirements:
• Property location of business must be included in an enterprise zone — defined by
tax lot number
• Businesses must be a trade sector business — creating goods or services in the
area and selling against competition from outside of region's market area — USA
or global
• New investments made by an eligible business must be eligible investments — real
or fixed property assets or personal property investment of $50,000 or more
• If new investments are made at an existing building — the current assessed value
remains a property tax liability for business
• Existing businesses operating inside the enterprise zone are required to add 10%
to their current employment level, i.e., if the business has 50 employees they
must add 5 new full time.employees
• Standard enterprise benefit is for a three year exemption from paying property
taxes on new, incremental eligible real or personal investments
• For high wage jobs created from the new investment the eligible business can
apply for an extra two years of exemption from property taxes on new
investments
• High wage jobs in Jackson County are defined as: wages plus non-mandatory
benefits totaling $51,058 per year or ($34,039 ave. annual wage in Jackson
County times 1.5 = $51,058)
soredi
to help business prosper
Oregon's Enterprise Zones
Property tax exemption for job creation
• SOREDI serves as the Zone Manager for all of the current enterprise zones in Jackson
and Josephine County
• As the Zone Manager SOREDI handles the marketing and promotion of the zone
benefits to businesses — application form at:
http://www.oregon.gov/dor/PTD/d ocs/303-029.pdf
• We consult with potential applicant businesses as well as with approved businesses in
filing the necessary forms to apply for or receive short-term property tax exemptions
• Applications for enterprise zone benefits go through SOREDI to the Jackson County
Assessor for approval
• Claims for exemptions on eligible investments are processed by the Assessor
• After either the three years of a standard exemption or five years for high wages jobs
benefits the full property taxes liability must be paid by the business
• If the business does not create and maintain the required jobs — property tax
exemption benefits are lost
so *FARE, dl
to help business prosper
CITY OF
ASHLAND
Council Communication
June 18, 2012, Study Session
Discussion of whether to televise Council study sessions
FROM:
Dave Kanner, city administrator, dave.kanner @ashland.or.us
SUMMARY
The Council has requested a discussion of whether to televise study sessions. This item is on the
agenda for discussion and staff direction only.
BACKGROUND AND POLICY IMPLICATIONS:
The City Council currently televises and webcasts its regular business meetings, but does not broadcast
its study sessions. Study sessions were moved from the Council Chambers to the Siskyou Room about
four years ago in order to create a more informal atmosphere for the meetings. Questions have
recently arisen as to how much it would cost to broadcast and/or stream the study sessions.
The simplest way to do this would be to move the study sessions to the Council Chambers and pay
RVTV to televise the meetings. The annual cost is estimated at $5,800.
If the study sessions are to remain in the Siskyou Room, it would require the purchase of some
additional equipment: RVTV estimates and Chad Sobatka, the city's network administrator concurs, it
would probably cost $2,000 to $10,000 to equip the room to have a permanent set-up to broadcast live.
Cost considerations include proper audio, the number of microphones, adequate lighting, and whether
we want to broadcast presentations (power points or videos). RVTV could then provide crew and live
broadcast capability using a Tricaster(a "studio in a box"portable computer with software for video
production/streaming) for a cost of$750 to $1,500 per meeting.
Per Chad, a web cam is limited to about three feet in distance. Audio and visual deteriorate at greater
distances. If a web cam were to be used in the Siskiyou Room, the audio and video quality would be
so compromised that viewers would not likely be able to ascertain who is speaking or what they were
saying.
FISCAL IMPLICATIONS:
As noted above,the cost could range from $5,800 to $30,000 per year, depending on which option the
Council chooses, along with some equipment cost if the Council chooses to remain in the Siskyou
room. Funds have not been budgeted for this purpose but could potentially be covered by a transfer
out of Central Services Fund contingency.
STAFF RECOMMENDATION AND REQUESTED ACTION:
N/A
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�r,
CITY OF
ASHLAND
SUGGESTED MOTION:
N/A
ATTACHMENTS:
None
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