HomeMy WebLinkAbout2007-0206 Council Packet
CITY OF
ASHLAND
Important: Any citizen attending council meetings may speak on any item on the agenda, unless it is the
subject of apublic hearing, which has been closed. The Public Forum is the time to speak on any subject not
on the printed agenda. If you wish to speak, please fill out the Speaker Request form located near the
entrance to the Council Chambers. The chair will recognize you and inform you as to the amount of
timeaUotted to you. The time granted will be dependent to some exteht on the nature of the item under
discus~ioni the number of people who wish to be heard, and the length of the agenda.
AGENDA FOR THE REGULAR MEETING
ASHLAND CITY COUNCIL
February 6, 2007
Civic Center Council Chambers
1175 E. Main Street
7:00 p.m. Regular Meeting
I. CALL TO ORDER
II. PLEDGE OF ALLEGIANCE
III. ROLL CALL
IV. MAYOR'S ANNOUNCEMENT OF BOARD AND COMMISSION VACANCIES
V. APPROVAL OF MINUTES [5 minutes]
1. Executive Session meeting minutes of January 16, 2007
2. Regular Council meeting minutes of January 16, 2007
VI. SPECIAL PRESENTATIONS & AWARDS
None.
VII. CONSENT AGENDA [5 minutes]
~ Minutes of Boards, Commissions, and Committees
Confirmation of Appointment of the Police Chief
. Approval of Public Contract for a Term Exceeding Two Years - Multifunction
Business Machine Lease
4. Council Liaisons 2007
X Appointment of Judge Pro Tem
~~pproval of a Common Boundary Line
~ TTermination of Easement at 829 North Main Street
Acceptance of a Public Utility Easement at 150 Lithia Way
Internet Bandwidth Contract Approval
10. Mid-Year Financial Report: July- December 2006
11. Approval of Public Contract for Transformer Disposal Services
~ Acceptance of Deed of Dedication
13. Approval for Ashland to Continue in Lawsuit
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VIII. PUBLIC HEARINGS {Testimony limited to 5 minutes per speaker, unless it is the subject
of a Land Use Appeal. All hearings must conclude by 9:00 p.m., be continued to a
subsequent meeting, or be extended to 9:30 p.m. by a two-thirds vote of council {AMC
S2.04.040})
1. Request for Approval of Fee and Policy Recommendations [30 Minutes]
IX. PUBLIC FORUM Business from the audience not included on the agenda. (Total time
allowed for Public Forum is 15 minutes. Speakers are limited to 5 minutes or less,
depending on the number of individuals wishing to speak.) [15 minutes maximum]
X. UNFINISHED BUSINESS
1. Approval of City Charter Ballot Measure [15 Minutes]
2. Discussion of Transient Occupancy Tax Use [30 Minutes]
3. Discussion of Interim Library Funding Options [15 Minutes]
4. Discussion of Annual Budget Process and Calendar [30 Minutes]
XI. NEW AND MISCELLANEOUS BUSINESS
1. Federal Appropriations [5 Minutes]
2. Ashland Fiber Network Five-Year Business Plan [30 Minutes]
XII. I RESOLUTIONS AND CONTRACTS
irst Readin ~ed "A Resolution of the City of Ashland Authorizing
rim Bond Financing Loan From the Special Public Works Fund By Entering
into a Loan Contract with the Oregon Economic and Community Development
Department for the Jefferson and Washington Street Improvements Project Number
B06003"
2. First Reading by title only
3.08.020 To Apply Ethic
Officials"
XIII. OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL
LIAISONS
XIV. ADJOURNMENT
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this
meeting, please contact the City Administrator's 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).
COUNCIL MEETINGS ARE BH.OADC':'\ST LIVE ON CHANNEL 9
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ASHLAND CITY COUNCiL MEETiNG
JANUARY 16,2007
PAGE 1 of8
MINUTES FOR THE REGULAR MEETING
ASHLAND CITY COUNCIL
January 16,2007
Civic Center Council Chambers
1175 E. Main Street
CALL TO ORDER
Mayor Morrison called the meeting to order at 7:00 p.m. in the Civic Center Council Chambers.
ROLL CALL
Councilors Hardesty, Navickas, Hartzell, Jackson, Silbiger, and Chapman were present.
MAYOR'S ANNOUNCEMENT OF BOARD AND COMMISSION VACANCIES
Mayor Morrison announced vacancies on the Airport and Public Arts Commissions. The City is also seeking
a SOU Student Liaison to the Forest Lands Commission.
Mayor Morrison noted the appellant has withdrawn their land use appeal of Planning Action 2006-00612 and
the public hearing removed from tonight's agenda.
APPROVAL OF MINUTES
The Regular Council meeting minutes of January 2, 2007 and amended Executive Session minutes of
December 19, 2006 were approved as presented.
ELECTION OF COUNCIL PRESIDENT
Councilor Hartzell/Chapman nominated Councilor Silbiger as Council President for the year 2007.
V oice Vote: all AYES.
SPECIAL PRESENT A TIONS & AWARDS (None)
CONSENT AGENDA
1. Minutes of Boards, Commissions, and Committees.
2. Appointments to Housing Commission.
3. Approval of ODOT Agreement No. 23840 for a Bicycle and Pedestrian Crossing at E. Main Street.
4. Appointment to Street Financing Task Force.
Councilor Jackson/Chapman m/s to approve the Consent Agenda. Voice Vote: all AYES. Motion
passed.
PUBLIC HEARINGS
1. An Appeal of Planning Action 2006-00612 - Request for Site Review approval for a mixed-use
development compromised of general office space and six residential condominiums for the
property located at 160 Helman St. A Tree Removal Permit is requested to remove two trees on site
that are sized six inches diameter at breast height and greater.
Appeal was withdrawn.
PUBLIC FORUM
Ambuja Rosen/Commented on the tethering ordinance public hearing that was held at the last Council
meeting. She stated twelve of the seventeen people who spoke or submitted comments opposing the tethering
law were from out of town, and all twelve had some connection to the dog breeding industry. Ms. Rosen
ASHLAND CITY COUNCIL MEETING
JANUARY 16,2007
PAGE 2018
claimed breeders from as far as Eugene traveled to Ashland to oppose the law because they feared this type of
legislation would spread to their communities. She stated that in general, animals are not family members to
these individuals, but are viewed as merchandise. Ms. Rosen shared her suspicion that the Southern Oregon
Kennel Club organized much of the opposition that was heard by Council and noted the thousands of
signatures she has gathered from Ashland residents supporting this ordinance. Ms. Rosen requested the
Council not only restrict the tethering of dogs, but other animals as well; and asked the Council to consider
what the people of Ashland want.
UNFINISHED BUSINESS
1. A Request for authorization to proceed with a land use application involving approximately 1.37
acres of City-owned land included in the Dog Park.
Senior Planner Bill Molnar presented the staff report and explained the property owners have tentatively made
a land use application for a residential development at the current location of the Ashland Greenhouse
property. Mr. Molnar stated part of the land use proposal involves an exchange of approximately 1.5 acres of
City owned property leading to the City dog park, for roughly 2.5 acres of the property owner's private
property. Because the application involves City property, the applicant must obtain authorization from the
Council in order to proceed with this land use action.
Mr. Molnar clarified this request does not involve a land use decision and stated this would be a separate
action that comes before the Planning Commission and the City Council. He added the property exchange
would also require a separate public hearing held at a later date to evaluate the merits of the transaction.
Mr. Molnar stated the Parks & Recreation Commission have reviewed this proposal and voted to support, in
principle, the request to move ahead with the land use application. Staff recommends approval of the request
and Mr. Molnar noted the suggested motion listed in the staff memo.
Comment was made questioning if this action could potentially weaken the burden for annexation by
surrounding the property with City land. Mr. Molnar gave his opinion that it would not weaken the burden
because the timing of the land swap could be structured so there is no official change to the property prior to
the land use decision being made.
Mr. Molnar noted the Comprehensive Plan designation of the land is single-family residential and clarified
the land is currently outside the City limits, but within the Urban Growth Boundary.
Chris Hearn/515 East Main Street/Representing the applicants Valerie and Greg Williams. Mr. Hearn
stated this is an opportunity to achieve something that the Parks Department has been trying to do for some
time. He displayed the Parks and Trails Open Space Plan, which was adopted by the Council in 2002, and
explained it is essentially a wish list of parcels the City wishes to acquire. Mr. Hearn stated the Williams'
property that is the subject of the possible land swap is on this list. He explained with the acquisition of this
parcel by the City, the bike path could be redirected to follow the creek and the applicants would pay for this.
Mr. Hearn noted the City's current property that provides access to the dog park is burdened with the demand
that it be used for recreational purposes. He stated an appraiser would likely consider this restriction and it
could diminish its fair market value. Mr. Hearn submitted charts depicting the land exchange comparison and
stated this is a win-win situation.
Alex Forrester/545 A Street/Applicant's agent and planning consultant. Mr. Forrester agreed that this is a
win-win situation and stated it would allow the development of the area to proceed in a more coherent and
practical way.
Mr. Hearn emphasized approval of the applicant's request in no way obligates the City to any future course of
action; it just allows the applicant to come forward with their land use proposal.
ASHLAND CITY COUNCIL MEETING
JANUARY 16,2007
PAGE 3 of8
Mr. Hearn clarified that he had spoken with the Assistant City Attorney and it is likely that the recreational
purpose requirement would remain with the land even after an exchange. He also provided further explanation
of the maps that were handed out and commented that the Parks & Trails Committee specifically made the
wish list somewhat amorphous.
Mr. Forrester provided further explanation of the property that would go to the City, and clarified the property
line for the riparian area was derived from the new draft ordinance which requires 65 ft. from the centerline of
the creek and has an additional lOft. setback added. Mr. Forrester explained that they had proposed to the
Parks & Recreation Commission the possibility of moving the bike path to follow the creek, instead of
continuing the way it does not along the City's sewer treatment plant. He stated the applicant's are willing to
provide the path in whichever direction the Parks and Recreation Commission and the Council want.
Colin Swales/461 AllisonN oiced his surprise that this action has gotten to this stage and stated it seems like
the "cart is before the horse". Mr. Swales stated it is essential that this issue be handled correctly since the
applicant is an ex-city councilor and is being represented by another ex-city councilor. He stated the City's
portion of property is very important and suggested the City consider the use of easements along the riparian
property. He also stated he does not believe the recreational purpose requirement would diminish the value of
the land, since the subdivision would likely be requirement to provide open space for the residents and this
land could be used for that purpose. Mr. Swales stated the value of the City's land has greatly increased since
it was first purchased and questioned if the recreational use requirement could be removed if the City repaid
the grant. He commented that the applicant should not have to go through this process without knowing ifthe
City will approve the land swap and requested the Council delay this issue until there is a full disclosure on the
appraised values of the properties and other creative options have been considered.
Art Bullock/Stated the two reasons to approve this action are: 1) it makes sense from a development point of
view because it allows for flexibility in terms of the layout of streets, and 2) the bike path could be moved
closer to the creek and have a better crossing at Nevada Street, which would be safer than what currently
exists. Mr. Bullock stated there are also reasons to not proceed, including: 1) the land has not been appraised
yet, 2) the City may be in violation of the Federal grant requirements if they approve the use of this land for
something other than what was agreed to with the Federal Government, and 3) the chances are very low that
both the land swap and planning application process can be completed within the l20-day timeline. Mr.
Bullock urged the Council to not approve the applicant's request until these three issues have been resolved.
Councilor Hartzell questioned if Council discussion regarding the land swap could have an impact on their
ability to hear a possible appeal of the land use application. City Attorney Mike Franell stated it would not
have an impact to hear an appeal since these are two separate issues and each has their own criteria that must
be met. However, he suggested the Council try to avoid getting into the merits of the land use action during
their discussions of the land swap.
Regarding the l20-day rule, Mr. Franell clarified that if all the property for which the development is being
applied for is within the current city limits, then the l20-day rule applies. However if the development
application is dependent upon approval of an annexation, as with this case, then the 120-day rule is not
applicable to that portion ofthe project.
Mr. Franell encouraged the Council to keep in mind that this is two separate applications. He stated the land
use decision can be made without making a decision on the land swap. He stated it would be prudent to have
the decision made on the land swap prior to final decision on the land use application, but because they are
two separate issues, a favorable decision made for one will not bind the Council in making a similar decision
for the other.
ASHLAND CiTY COUNCiL MEETiNG
JANUARY /6,2007
PAGE 4 of8
Assistant Attorney Richard Appicello clarified the Federal Government would have to approve the conversion.
He stated if this process is not completed by the time the Council is ready to make an exchange, they could
either postpone the decision or approve with a condition contingent upon the Federal Government's approval.
Mr. Appicello stated he does not believe there is a way to remove the recreational use burden from the
property; however, staffwill explore this further. He also clarified the majority of the applicant's property is
outside the city limits and is contingent on annexation; therefore staff is not extremely concerned with the 120-
day rule.
Councilor Navickas/Hartzell m/s to not move forward with allowing this application to proceed.
DISCUSSION: Councilor Navickas stated he wants to be clear with the developer that what they have
proposed is not a fair exchange. He stated the City could have easements through their property for bike lanes
regardless of whether the City owns the property. He stated he is willing to work with the development to
discuss a repartitioning of the property, but does not see why the City should give up 1.3 7 acres of usable park
land. Councilors Silbiger, Jackson and Chapman voiced support for moving forward with obtaining appraisals
so that an informed decision can be made. Councilor Hartzell voiced support for discussing the merits of the
land swap prior to the land use application being brought forward. Roll Call Vote: Councilor Navickas,
YES. Councilor Chapman, Silbiger, Hardesty, Jackson and Hartzell, NO. Motion failed 5-1.
Councilor Hartzell/Hardesty m/s for City staff to be directed to investigate and provide a
recommendation on the proposed land use exchange and properly notice and conduct a public hearing
on a potential land swap. DISCUSSION: Councilor Hartzell clarified her desire to handle the land swap
portion separately from the land use application, with the land swap first. Councilor Hardesty voiced support
for the motion. Councilor Chapman stated the applicants are well aware ofthe risks and if they wish to make
the application concurrently, this is fine with him. Councilor Silbiger agreed with Chapman. Councilor Hartzell
gave her opinion that it would be cleaner if done separately.
Councilor Jackson/Chapman m/s to amend motion to authorize the land use application to proceed.
DISCUSSION: Councilor Hartzell voiced her objection to the motion. She stated handling these separately
would be cleaner and could potentially add value to the City's property. Councilor Jackson stated it does not
make sense to have the land swap investigation if they are not talking about this particular proposal. Councilor
Navickas voiced his opposition to the City giving up public land to a private developer. Roll Call Vote on
Amendment: Councilor Navickas, Hartzell and Hardesty, NO. Councilor Chapman, Silbiger and
Jackson, YES. Mayor Morrison, YES. Motion passed 4-3.
Roll Call Vote on Amended Motion: Councilor Navickas and Hartzell, NO. Councilor Chapman,
Silbiger, Jackson and Hardesty, YES. Motion passed 4-2.
2. Discussion of City Charter.
Management Analyst Ann Seltzer presented the staff report and explained the Council is being asked to
review the draft language to be placed on the May ballot. She noted the ORS requirements for the ballot
measure language are included in the packet materials and requested the Council review the draft language
and determine it if accurately reflects what is being put forward. Ms. Seltzer noted there are two measures, the
first asks whether the City should adopt a new charter and the second asks whether Ashland should change to a
council/manager form of government.
Ms. Seltzer clarified the ballot language will be placed on the ballot itself, and the voters pamphlet will contain
the entire text of the revised charter, plus an optional explanatory statement.
ASHLAND CITY COUNCIL MEETING
JANUARY 16,2007
PAGE 5 of8
City Attorney Mike Franell explained the current charter is not illegal, but there are provisions in the charter
that have been superseded by state law. Councilor Hartzell voiced concern with the wording of the first ballot
question and stated it could be misleading to the voters. Suggestion was made for the first question be revised
to read, "Shall the City of Ashland adopt the revised new charter." Support was voiced for using this wording.
Councilor Hartzell questioned if the City Attorney could come up with more descriptive language for the
question of the first ballot measure. Mr. Franell suggested it could read, "Shall Ashland adopt a revised charter
to remove outdated and obsolete provisions, and eliminate specific dollar references."
Ms. Seltzer noted that an explanatory statement could be included which would give further detail. She stated
this statement could be up to 500 words in length and the content would likely be taken from the Charter
Review Committee's executive report. Mr. Franell reminded the Council that all statements need to remain
neutral in order to not violate the elections law.
Councilor Silbiger offered a suggestion for the wording of the first ballot question. City Administrator Martha
Bennett noted the wording must be limited to 20 words, and suggested they use "Shall Ashland adopted a
revised charter modernizing language and removing outdated section that have been superseded by state law."
Support was voiced for using this revision.
Mayor Morrison questioned if the Council had any changes to the ballot language for the city manager item.
Comment was made questioning if the current charter could be amended to have a city manager form of
government if the new charter does not pass. Mr. Franell clarified they could have three separate measures
instead of two. The first would ask whether Ashland should change to a council/manager form of government,
the second would ask whether Ashland should change to a council/manager form of government if the revised
charter is not approved, and the third would ask whether the City should adopt a revised charter. Mr. Franell
clarified he would check on whether it is possible to ask if the City should change to a city manager form of
government and then have alternatives depending on which charter we are actually amending.
Ms. Seltzer clarified the ballot language needs to be finalized by March 8th and submitted to Jackson County
by March 15th. She noted this is scheduled to come back to the Council on February 6,2007.
Pam Vavra/2800 Dead Indian Memorial Road/Stated the City Manager amendment as it is written puts
voters in a dilemma in that they must vote for the charter to get the city manager form of government, however
adding the third amendment as mentioned by the City Attorney would solve this. Ms. Vavra recommended
that the Council also include an ethics provision, instant runoff voting, and the top three voting system.
Art Bullock/Does not agree with the term "modernized" and stated it is not a neutral word. Mr. Bullock
voiced his concern regarding the ballot language proposed by staff and stated the revised charter would shift
power from citizens and the Council to staff. He suggested that the ballot measure language include the items
that are most important to voters. He also asked the Council to consider the issue of the water language and
stated this part of the process has not been finalized.
Councilor Hardesty voiced her disappointment that instant runoff voting and the top three method of voting
were not included in the revised charter.
Ms. Seltzer commented that there is a slight disadvantage to the newer councilors because there has been so
much discussion and work done over the last few years. She explained the Council has held many discussions
on the Charter Review Committee's report and decided which recommendations they would move forward
with. Ms. Seltzer stated the Charter Review Committee did not recommend instant runoff voting because they
had concerns about budget and the expense it would cost the City. She added there is nothing restricting the
Council from placing this or any other charter amendments on a future ballot.
ASHLAND CITY COUNCIL MEETING
JANUARY 16,2007
PAGE 6 018
Councilor Navickas voiced his preference to include strict language about protecting the water and stated he
also supports the concept of paying city councilors. Ms. Seltzer noted the Charter Review Committee had made
a recommendation to evaluate and review council compensation.
Comment was made questioning if the Mayor would continue to present the annual State of the City address if
this measure were approved, and recommendation was made to retain this function for the Mayor. Mr. Franell
stated he would remove the reference to the annual address from the measure statement, although the language
would not preclude the Mayor from making this address.
Ms. Bennett suggested the following changes to the council/manager statement language: 1) include the word
"position" after "City Administrator", 2) remove the word "While" from the beginning of the last sentence, and
3) include "and" in the last sentence.
Mayor Morrison requested the explanatory statement for this item include a direct statement establishing
elective officials as being policy makers and staff being implementers of policy.
NEW AND MISCELLANEOUS BUSINESS
Mayor Morrison announced that Pioneer Hall is available for individuals who need shelter from the cold
weather. Jennifer Hans of Pacific Domes noted they are offering temporary use of the dome for shelter for the
homeless.
1. Budget Goals Discussion.
John Stromberg, Jim Moore and Randall Hopkins presented suggested changes to the City's budget process.
Mr. Stromberg explained the key idea is to have staff bring forward baseline budgets for every department,
plus add on requests for additional items. He stated a baseline budget is distinguished as a budget that adhere
to last years revenues. Staff would be asked to explain why any add-ons are good for the City, identifY where
the revenue source could come from, and what the impact on the public would be. Mr. Stromberg stated the
budget is so complex and sophisticated, the department heads understand how it works, but it is almost
impossible for anyone else to figure it out. He stated this proposal would shift the process so the people who
are the experts (staff) are making a case to add things into the budget, instead of the Budget Committee trying
to decipher and build a majority to have an item removed. Mr. Stromberg requested the Council put together a
draft set of assumptions that embody this approach to give to the department heads and to use in formulating
this years budget.
Mr. Moore noted he served on the Budget Committee for nine years. He stated it was very frustrating and feels
this could be a better process.
Mr. Hopkins stated under this proposal it is Council's decision as to whether there are increases in taxes or rate
hikes. He commented that every tax increase would have to be vetted by the Budget Committee and this
proposal puts the Committee in the driver's seat. Mr. Hopkins explained how the suggestions of all six council
members and the Mayor were used to form this proposal.
Mayor Morrison thanked Mr. Stromberg, Mr. Moore, and Mr. Hopkins for their efforts and suggested Council
forward the proposal to staff for evaluation.
Mr. Stromberg provided clarification ofthe baseline revenue figure and noted there is a newer version of the
proposal, which contains a 2% growth figure.
ASHLAND CITY COUNCIL MEETING
JANUARY 16,2007
PAGE 70f8
Comment was made questioning the best way to build assumptions. City Administrator Martha Bennett noted
that she and Mr. Tuneberg have discussed this and stated Council would need to determine the base or starting
point for the budget. She noted there are other issues that also need to be resolved, including the budget
calendar itself. Ms. Bennett stated staff would prepare and deliver a preliminary set of instructions to the
Council.
2. Overview of Library Issues.
Management Analyst Ann Seltzer and former Ashland Mayor Cathy Shaw addressed the Council. Ms. Shaw
provided a history of this issue and commented on her contact with County officials. She submitted a transcript
of the comments made by Jackson County Commissioners C.W. Smith and Jack Walker and read aloud their
statements.
Councilor Hartzell/Chapman mls to extend meeting until 10:30 p.m. Voice Vote: all AYES. Motion
passed.
Ms. Shaw stated she does not believe there will be a resolution from Jackson County and recommended the
Council consider placing an income tax measure before the voters. She stated it is incumbent upon Ashland
and the City Council to consider what they will do if Jackson County fails to take action to keep the libraries
open. Ms. Shaw stated the City could consider a property tax or an income tax, but noted a property tax at the
next election would require a double majority.
Ms. Shaw clarified the County has indicated they would protect the books, keep the building heated and cooled
and keep the computer system specialists employed.
Comment was made questioning if there was a way to levy a property tax using the boundary of the school
district. Ms. Shaw stated they would have to form a special district, which can only be done during even year
elections. She added any city can pass a property tax, and stated a city is more likely to turn out a double
majority than a county.
City Administrator Martha Bennett recommended the City go forward and research an Ashland-only solution
and that staff prepare potential ballot language. She suggested they not place a measure on the ballot if the
County does, but wants to be ready to go if the County fails to take action. Ms. Bennett stated although a
special district could not be formed at this time, staff could investigate the logistics of doing this in 2008.
Ms. Shaw suggested the City also put pressure on the County Commissioners to resolve this issue and urged
the Council to attend a rally on January 31. Councilor Silbiger also noted a meeting in Ashland at the Armory
from 7 p.m. to 9 p.m. on January 29.
Mayor Morrison agreed with Ms. Shaw that they should lobby the commissioners, but stated they also need to
move ahead as a community.
Councilor HartzelllNavickas mls to direct staff to prepare ballot language for a property tax levy to
support the libraries, in case it is needed, and bring this back to Council in February. DISCUSSION:
Councilor Chapman suggested including language that states it would not take effect if the County's measure
passes. He stated the City measure should go on the ballot in any case. Councilor Jackson clarified we would
need a double majority for a property tax. Ms. Bennett stated that staff could also look into an income tax, but
warned that the City does not have any experience with these. Roll Call Vote: Councilor Hartzell, Silbiger,
Jackson, Hardesty, Chapman and Navickas, YES. Motion passed 6-0.
ASHLAND CiTY COUNCiL MEETING
JANUARY 16,2007
PAGE 8 of8
UNFINISHED BUSINESS (continued)
3. Capital Improvement Program (CIP) and Long Range Financing.
Item delayed due to time constraints.
ORDINANCES. RESOLUTIONS AND CONTRACTS
1. First Reading of a Resolution Titled" A Resolution Establishing the Methodology to Pay Annual
Debt Services for the Ashland Fiber Network Full Faith and Credit Bonds, Series 2004."
Councilor Jackson/Silbiger m/s to approve Resolution #2007-01. Roll Call Vote: Councilor Hartzell,
Silbiger, Chapman, Jackson and Hardesty, YES. Councilor Navickas, NO. Motion passed 5-1.
2. First Reading by title only of an Ordinance Titled "An Ordinance Amending AMC 3.08.020 to
Apply Ethics Provisions to Employees, Appointed Officials and Elected Officials."
Councilor Jackson/Chapman m/s to approve first reading of ordinance and place on agenda for second
reading. Motion was withdrawn.
Discussion delayed due to time constraints.
3. First Reading by title only of an Ordinance Titled "Ordinance amendments to the multi-family
zoning designations (R-2 and R-3), Sections 18.24.020K, 18.24.030J, 18.24.020K and 18.28.030J.
The proposed amendments modify the criteria of approval for the issuance of a Conditional Use
Permit for the conversion of existing rental units into for-purchase units (condominium
conversions)."
Please note: this item has been postponed to the February 6, 2007 meeting.
OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL LIAISONS
1. Joint Study Session Meetings. (suggested next meeting date 2/15/07)
ADJOURNMENT
Meeting adjourned at 10:30 p.m.
Barbara Christensen, City Recorder
John W. Morrison, Mayor
CiTY COUNCiL STUDY SESSiON
JANUARY iI, 2007
PA GE i of2
MINUTES FOR THE STUDY SESSION
ASHLAND CITY COUNCIL
January II, 2007
Civic Center Council Chambers
1175 E. Main Street
CALL TO ORDER
Mayor Morrison called the Study Session to order at 5: 1 5 p.m. in the Civic Center Council Chambers. He
noted he would have to leave early and Councilor Silbiger was selected to be Council Chair in his
absence.
City Administrator Martha Bennett announced the Executive Session scheduled to occur after the Study
Session had been postponed to a later date.
ROLL CALL
Councilors Hardesty, Navickas, Hartzell, Silbiger and Chapman were present. Councilor Jackson was
absent.
1. Discussion of Mt. Ashland Asset Appraisal.
Administrative Services Director Lee Tuneberg introduced Ted Farwell of Winterstar Valuations, Inc.
Mr. Tuneberg explained Mr. Farwell was hired in October to conduct an appraisal of Mt. Ashland
Association's assets in order to assure compliance with the 1992 contract regarding minimum liquidation
value. As of last January, the minimum liquidation value that is required to be maintained by Mt.
Ashland Association is $288,000.
Mr. Tuneberg directed the Council to the information listed on page ii of the appraisal. He noted the total
liquidation value was determined to be $672,700; however the estimated cost to remove the ski lifts is
$92 1 ,500 and the removal of the buildings would cost $243,000. Mr. Tuneberg requested the Council
discuss the appraisal and direct their questions to Mr. Farwell.
Mr. Farwell clarified the main difference between forced liquidation value and orderly liquidation value is
time. He stated with a forced liquidation you have to move the items right away and will likely not get as
much money.
Mr. Farwell commented on the closures of two ski areas he was involved with and stated in those
instances the ski lifts were not removed. He stated the land was turned over to the Forest Service and the
Forest Service did not have the budget for removal.
Councilor Navickas stated that under the 2005 Resolution, Mt. Ashland Association was directed to
comply with the 1992 alternative which requires the ski lifts to be removed.
City Administrator Martha Bennett stated the lease sets out a minimum liquidation value that must be
maintained, and according to the appraisal, Mt. Ashland Association has sufficient assets on the mountain
to satisfY the requirement of the lease. She added the question of how much it would cost to restore the
area is a separate issue. She stated the minimum liquidation value in the contract may not be sufficient,
but Mt. Ashland Association has complied with the contract. Ms. Bennett requested the Council focus on
the appraisal before them and ask their relative questions to Mr. Farwell while he is here. She stated
Council could have a separate discussion on their interpretation of the lease and stated staff is not
prepared to have this conversation tonight.
CiTY COUNCiL STUDY SESSiON
JANUARY II, 2007
PAGE 2 on
Mayor Morrison questioned the margin of error for these types of appraisals.
Councilor Navickas expressed his concern that some of the items in the appraisal may not have as high of
a liquidation value as indicated. He also stated that Section 1 of the 2005 Resolution specifically
references Alternative C of the 1992 alternative, which includes specific parameters for removal of the ski
lifts.
Mayor Morrison left the meeting at 5:50 p.m.
Public Works Director Paula Brown noted the need to get a decision from the Forest Service on whether
they would require restoration or reclamation. She added the City needs to meet with the Forest Service
and negotiate what would be involved.
Ms. Bennett stated it is important for the Council to feel comfortable with the figures in the appraisal and
noted this would come back to the Council at a regular meeting for acceptance.
Councilor Navickas noted a discrepancy regarding the John Deere Wide Crawler listed on pages 16 and
17. Mr. Farwell clarifIed it is a 1967 Wide Crawler and is valued at approximately $4,000 with an
additional $2,000 for the attachments. Councilor Navickas stated he is familiar with this piece of
equipment and does not believe it is worth as much as indicated.
Councilor Navickas stated he would like to have seen a more critical analysis. He expressed his concern
that some of the items do not have the value listed and stated the appraisal seems to be inflated. He also
commented that he does not feel they can separate the appraisal from the restoration and believes the City
should work towards the best restoration possible, which includes removal of the lifts. He also stated the
City should ensure that Mt. Ashland Association meets the conditions of Alternative C of the 1992
alternative.
Ms. Bennett encouraged the Council to submit their specific questions to Mr. Tuneberg and noted once
the report has been approved it will be legally binding. Mr. Tuneberg noted it would take a few weeks to
make any necessary revisions.
ADJOURNMENT
Meeting adjourned at 6: 1 0 p.m.
Respectfully submitted,
April Lucas, Assistant to City Recorder
Bicycle & Pedestrian Commission
November 16th, 2006 Regular Minutes
Roll Call: Chair Dylan Robbins, Jim Olney, David Young, Vice Chair Tracy Harding (absent).
Arnold Bleicher (absent), Selene Aitken (absent), Paul Rostykus (absent)
Council Liaison: David Chapman
Staff: Derek Severson, Associate Planner; Steve McLennan, Police Officer
RVTD liaison: Paige West, RVTD/TDM Planner (absent)
High school liaison: Vacant SOU liaison: Nathan Meyerson (absent)
Call to Order
Chair Robbins called the meeting to order at 5:15 p.m.
Approval of Minutes - October 19th. 2006
01ney/Robbins m/s to approve the minutes of the October 191\ 2006 meeting as presented. Voice vote: All
AYES. Motion passed.
Public Forum
Moshe Ross asked that a place to arrange carpooling be set up on the City's website. Severson noted that Carpool
Match NW was already an established service supported locally by RVTD and said that he would follow up to see
that a link was placed on the city website.
Dubois noted that he had traffic issues to report for 81h Street at the intersections of A Street and B Street; at Nevada
Street and Glendower Street; and at the intersection of Water and B Streets. After Dubois explained his concerns,
Severson and MacLennan indicated that they would follow up with Jim Olson to ensure that these locations were
examined by the Traffic Safety Commission.
Young reported that he, Olney, Severson, and friends and family of Carole Wheeldon had met prior to the meeting
at the proposed site for the Wheeldon memorial. He explained that the general discussion was to provide shade, an
additional bench and some sort of memorial plaque, and possibly a tree and/or an artistic water fountain. He noted
that before proceeding, he would need to follow-up with the Public Works/Engineering Division to identify any
issues with utility line routing. Chapman suggested that if the bench or whatever shade were to be provided
required construction, it would be cheaper and more expeditious for commissioners and volunteers to construct
them. Young and Olney stated that they would meet as a subcommittee to continuing working on this project, and
after Severson providing utility routing details they would schedule the next subcommittee meeting via email.
BudQet Update
Severson noted that no new expenditures had occurred since the budget update memo was prepared for the packets.
Subcommittee & Liaison Reports
There was a brief report on the Bike Swap subcommittee, and Severson indicated that he would send notice to the
paper and reminders to members.
Verde VillaQe ChanQes to Bicvcle & Pedestrian Facilities
Severson explained that Verde Village was a planning action coming before the Planning Commission that involved
a subdivision at the location of the Ashland Greenhouses. He stated that he was bringing to the Commission's
attention because of the proximity to the Bear Creek Greenway at the site of the Dog Park and some changes
proposed for the circulation pattern in that vicinity.
Dubois noted that he would still like to see directional signage and the Bicycle Friendly Community signage placed
at Oak and Nevada to direct people to the Greenway and away from Eagle Mill Road. Members asked that a
strongly worded recommendation be sent to the Planning Commission that the connection to the Greenway be
moved either to the north over Harold Hardesty's property or between the parking lots rather than through the Dog
Park parking area which is already heavily congested at times.
2006-///6 Bike & Ped minutes
Page / of2
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Bike Liahts. Helmets & Pedometers
There was discussion of the fact that the Police Department was willing to sell helmets and lights as a one-stop
distribution point. Severson noted that he had been provided a balance of the funds available, but had to determine
how these funds had been considered within the budget before determining how they could be spent.
There was brief discussion of a pedometer program, noting that it appeared that $15 was the threshold level for
purchasing a quality unit, and it was suggested that a partnership with the YMCA might be possible here. It was
noted that Harding had been the one who initiated this item, and those present felt it most appropriate to postpone
further discussion until she was present.
Weeklv Car Free Dav
It was noted that Harding had been the one who initiated this item, and those present felt it most appropriate to
postpone further discussion until she was present.
Safe Routes
There was discussion of pursuing Safe Routes grant funds when they become available for the Laurel Street
sidewalk project.
Young/Olney m1s to endorse a sidewalk construction project on Laurel Street as a Safe Route to Helman
School. Discussion: Members questioned whether this would preclude doing work elsewhere, such as
adjacent to Walker School. Voice vote: All AYES. Motion passed.
Goal Settina - Preliminary Discussion
Severson explained that for the past few years, there hasn't been interest in doing a formal goal setting session as
members have repeatedly expressed their preference for dedicating their personal efforts to individual items in their
areas of interest that they were willing to champion rather than a broader set of Commission-wide items.
He further noted that at the recent discussions of the commissioner surveys, several members of the commission had
expressed an interest in doing a more formal goal setting process. He asked if there was a consensus to move
forward with this, and suggested that if there was, it would be appropriate to make this the primary item on the
agenda for the first meeting of the new year. After brief discussion, those present indicated they would like to do
this.
New Business
Dubois asked that an agenda item be added in the near future to discuss safety education for cycling on the street in
a motorized world, and noted that he would be doing a presentation with this focus at the high school as part of a
downhill mountain biking program, and suggested that the Commission might be interested in sponsoring the
program.
It was noted that Bill Bradbury would be in town shortly to present Al Gore's "Inconvenient Truth" slideshow
dealing with global warming.
Olney noted that he would be attending the upcoming Jackson County Bicycle Advisory Committee meeting.
Aaenda Items for Next Month
Goal Setting.
Adiournment
The meeting was adjourned at 6:47 p.m.
Upcomina Meetinas:
Regular Meeting - January 18th at 5: 15 p.rn.
2006-1116 Bike & Ped minutes
Page 2 of2
CITY OF
ASHLAND
Minutes
Conservation Commission
12/06/06
These Minutes will be reviewed by Conservation Commission at the January 24, 2006
Conservation Commission Meeting.
December 06, 2006- 7:05 pm
City Council Chambers
1175 East Main St.
Ashland
CALL TO ORDER
Chairperson Amarotico called the meeting to order at 7:00 p.m. in the City Council Chambers.
ROLL CALL
Attendees: Risa Buck, Russ Chapman, Ross Finney, Lindsay Gerken, Jim Hartman, Kathryn Houser and
Melissa Schweisguth, and Stuart Corns were present.
City Council Liaison: Alex Amarotico
Staff Liaison: Cathy Cartmill
APPROVAL OF MINUTES
Chairperson Amarotico noted that Dave Chapman and Kate Jackson were not official Council Liaisons and
should be listed under public forum.
Chairperson Amarotico asked for an approval of the October 25, 2006 minutes.
Commissioner Buck corrected the Ashland Greenhouse project to the proposed Verde Village Project.
Commissioner Buck corrected her email addresstowastenot@ashlandhome.net.
Commissioner Buck wanted to include under Item H on the third page, that it should read Environmental
Sustainability Issues, not Environmentally Sustainability Issues. Also, page 3, question 6 which read: Can
you suggest any improvements in communication between your commission and the City Council?
Commissioner Buck would like it to read: To support the City, to modify the decision making structure with
guidelines that are truly sustainable.
Commissioner Schweisguth noted on the 3rd page, Item C to include Water Use and Water Reuse
Efficiency Issues should read Item C to include Water use and reuse inefficiency issues.
Commissioner Chapman made a motion to approve the minutes of October 25, 2006 with the noted
changes and Commissioner Finney the motion.
Voice vote: all Ayes. The motion passed with a unanimous vote.
The minutes of the Conservation Commission Meeting of October 25,2006 were approved.
CC Min 120606 finaldoc.doc
Page 1 of 4
PUBLIC FORUM
No one present wanted to speak at that time.
ASHLAND SANITARY & RECYCLING UPDATE:
Set aside
OLD BUSINESS
Update on Global Warming Event
Cathy Cartmill asked the Commission if they were going to pay half of the cost for the event in the amount
of $400.00. Chairperson Amarotico clarified that the event had already been paid through the
Conservation/Electric Department.
Commission Buck raised concerns regarding the final bill for the event, due to lack of heat and equipment
not working properly. The Commission discussed different aspects of the Global Warming Event.
Commissioner Finney offered a motion that the Conservation Department fund 50% of whatever the final
cost of the event up to $400.00. Commissioner Hartman seconded the motion.
The Commission discussed different aspects of the Global Warming Event including cost, space,
expectations, sponsors and the responsibilities of funding the event.
Motion was withdrawn and the second was withdrawn by Commissioner Finney and Hartman to be able to
revisit the final bill at the next meeting and asked to put it on the agenda.
Commissioner Schweisguth would like to find out what the process was for organizing events and how
limited time affects the choices/venues involved. Commissioner Buck and Schweisguth reminded the
Commission that Bill Bradbury specifically wanted to involve the youth and therefore the Ashland High
School would promote youthful attendance.
Commissioner Buck reported that Jim McGinnes attended the AI Gore Global Warming training to be a
represented, and she invited him to attend the Conservation Commission meeting.
Commissioner Chapman made a motion the Commission support 50% of the bills turned in from the school
district. Commissioner Corns seconded the motion.
Commissioner Schweisguth would like staff to develop a list of local venues for future events.
Voice vote: all Ayes. The motion passed with a unanimous vote.
ICLEI Conference Call, membership decision
The Commissioners discussed supporting the ICLEI membership with a cost of $600.00. The members
who attended a conference call with ICLEI presented a summary of the benefits associated with the
membership fee. The Commission members discussed at length active participation in ICLEI, the software
associated with the Capstone projects from SOU, and future participation.
Commissioner Houser moved to spend $200.00 of the Commissions budget to join ICELI for one year. The
motion was seconded by Commissioner Hartman.
Voice vote: all Ayes with Commissioner Gerken opposed.
The motion passed with a majority vote.
CC Min 12 06 06 finaldoc.doc
Page 2 of 4
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Commissioner Gerken expressed concerns of how many man hours (voluntary or paid) it would take to
analyze data, look at the software that could be used in the future to create policy. Discussion followed.
Commissioners Hartman, Buck, Schweisguth, and Chapman volunteered to explore different options meet
and discuss Global Warming issues and possible form a subcommittee or a task force with other city
committee members or citizens.
Commissioner Chapman reported on the progress for the Earth Day Event, themed "Be the Change".
Commissioner Buck remarked the event would now take place at Science Works.
Commissioner Finney made a motion to commit $800.00 from the Conservation Commission's budget for
the Earth Day Event. Commissioner Schweisguth seconded the motion.
Voice vote: all Ayes. The motion passed with a unanimous vote.
ASHLAND SANITARY & RECYCLING UPDATE:
Commissioner Chapman reported for Ashland Sanitary about leaf recycling and how they diverted 12
boxes or 60,000 leaves and 700 pounds of nursery plastic containers.
Ashland Sanitary will follow Commissioner Hartman's suggestion about paying for the recycling of
fluorescent bulbs with money received from recycling ink cartridges. People may recyle the cartridges at
the Ashland Coop and the Depoe. Information is available on their website.
NEW BUSINESS
Sustainability Plan/Resolution
Commissioner Schweisguth outlined a sustainability plan that was in draft form and hoped for feedback
from the Commission. The goal would be to have the City endorse a long term sustainability plan, which
could be a foundation for policy, actions, education and on-going projects. The Commissioners discussed
how the plan could be utilized within the City.
SUBCOMMITTEE REPORTS
1. Garbage land Sub-Committee
No report
2. Education/Events
No report
3. Green Business
No report.
COMMISSION ITEMS NOT ON THE AGENDA
Commissioner Buck asked Paula Brown for an update regarding Bio Diesel, and Public Works will update
the Council on January 11, 2007 and mentioned they have 3 Hybrids and going to receive one more by the
end of year.
Commissioner Buck also reported the paint the City uses is called striping paint, with is a solvent based
paint and unnecessary for the stenciling project. North Mountain park will use a new water based paint that
Commission Buck was able to locate and a new sticker that is easier to see.
CC Min 120606 finaldoc.doc
Page 3 of 4
Cathy Cartmill reported the City was approved for a $500,000 Federal bond for the solar project and will
move forward with that. Also, the promotion, Saving with a Twist, has reached its goal of selling 6,250
CFLs.
ANNOUNCEMENTS
Next meeting date, January 24, 2007
The Commission formally thanks Alex Amarotico for his service to the City Council and liaison to their
Commission.
ADJOURNMENT
Meeting adjourned at 9:10 pm.
Respectfully submitted,
Mary McClary, Administrative Assistant to
Electric/ITfTelecommunications Department
CC Min 120606 finaldoc.doc
Page 4 of 4
CITY Of
ASHLAND
Council Communication
Confirmation of Appointment of the Police Chief
Primary Staff Contact: Martha Bennett
E-mail: bennettm@ashland.or.us
Secondary Staff Contact: None
Estimated Time: Consent Agenda
Statement:
The appointment of Terry Holderness as Police Chief for the City of Ashland.
Staff Recommendation:
Confirm the Mayor's appointment of the Police Chief.
Background:
The city advertised for a Community Development Director in September and October of 2006. There were nearly
50 applicants for the advertised position. Two top candidates were interviewed in a two day process on
December 14, and 152006. After the interview process, the City conducted an extensive background
investigation, including an on-site visit by the Mayor, Interim Police Chief Ron Goodpaster, and myself in Fontana,
California on January 22 and 23. As a final step in the background process, Mr. Holderness is undergoing a
physical and psychological examination, which will be complete prior to the February 6,2007 City Council meeting
Terry Holderness best meets the qualifications in the job announcement and job description. He has extensive
experience with police work, especially community policing. He is an excellent leader who is knowledgeable in
the areas that most affect policing in Ashland.
Related City Policies:
None.
Council Options:
Confirm or defer confirmation of appointment awaiting further information.
Potential Motions:
Council moves to confirm appointment of Holderness as Police Chief
Attachments:
Employment Agreement
Resume of Terry Holderness
r.l'
CITY OF ASHLAND
DRAFT Employment Agreement
Police Chief
THIS AGREEMENT, made and entered into this _ day of February 2007 by and
between the City of Ashland ("City") and Terry Holderness ("Employee").
R E C I TAL S:
A. City desires to employ the services of Employee as Police Chief of the City of
Ashland; and
B. It is the desire of the City to establish certain conditions of employment for
Employee; and
C. It is the desire of the City to (1) secure and retain the services of Employee and to
provide inducement for Employee to remain in such employment, (2) to make
possible full work productivity by assuring Employee's morale and peace of mind
with respect to future security; (3) to act as a deterrent against malfeasance or
dishonesty for personal gain on the part of Employee; and (4) to provide a just
means for terminating Employee's services at such time as Employee may be
unable fully to discharge Employee's duties due to disability or when City may
otherwise desire to terminate Employee's services; and
D. Employee desires to accept employment as Police Chief of City of Ashland, and to
begin his employment on April 9, 2007.
City and Employee agree as follows:
Section 1. Duties.
The city hereby agrees to employ Terry Holderness as the Police Chief of the City to
perform the functions and duties specified in City ordinances, and the job description
attached as Exhibit A and to perform such other legally and ethically permissible and
proper duties and functions as the City Council shall from time to time assign. The Police
Chief shall devote full time to the performance of his duties. The Police Chief may hold
outside employment so long as it does not impact the ability of the Police Chief to
effectively perform his duties.
Section 2. Term.
A. Nothing in this agreement shall prevent, limit, or otherwise interfere with the right of
the Mayor, with the consent of the City Council in accordance with the City Charter, from
terminating the services of the Police Chief at any time, subject only to the provisions set
forth in the section entitled "Severance pay" of this agreement.
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B. Employee agrees to remain in the employ of City until April 9, 2009, and, except as
set forth in Section 1, neither to accept other employment nor to become employed by any
other employer until this termination date, unless the termination date is affected as
otherwise provided in this agreement. This provision shall not restrict Employee from using
vacation or personal leave for teaching, consulting or other activities provided these
activities do not conflict with the regular duties of the Employee.
C. In the event written notice is not given by either party to terminate this agreement at
least ninety (90) days prior to the termination date, this agreement shall be extended for
successive two-year periods on the same terms and conditions as provided herein.
D. In the event Employee wishes to voluntarily resign the position during the term of
this agreement, Employee shall be required to give the City six weeks written notice of
such intention, unless such notice is waived by the City Administrator with the approval of
the Mayor and City Council. Employee will cooperate in every way with the smooth and
normal transfer to the newly appointed individual.
E. Employee must meet all of the certification requirements for a Chief of Police in
Oregon as required by the Department of Public Safety Standards and Training (DPSST)
as outlined in OAR 259-008-0076 and OAR 259-008-0010. Failure to meet those
standards shall automatically terminate this contract, and the employee will not be eligible
for the severance provisions outlined in Section 11 of this contract.
Section 3. Salary.
Beginning April 2, 2007, City agrees to pay Employee a monthly salary at Step C. of the
salary schedule ($7,694) payable at the same time and in the same manner as other
employees of the City are paid. The Employee shall be eligible for an increase to step D of
the salary schedule ($7,999) upon completion of a satisfactory evaluation 6 months after
start date. In addition, City agrees to annually increase the monthly salary and/or benefits
in the same percentage as may be accorded other department heads.
Section 4. Performance Evaluation.
The City Administrator shall review and evaluate the performance of the employee at least
once annually.
Section 5. Hours of Work.
It is recognized that Employee must devote a great deal of time outside the normal office
hours to business of the City, and to that end Employee will be allowed to take
compensatory time off as Employee shall deem appropriate during normal office hours, so
long as the business of the department is not adversely affected. Work in excess of an
average of forty (40) hours per week is deemed part of the professional responsibility for
which the Employee shall not be paid overtime but forwhich he shall receive a minimum of
five (5) days of administrative leave each year. Employee will receive additional
administrative leave if granted by the City Council in the Management Resolution adopted
each year.
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Section 6. Automobile.
Employee's duties require that Employee shall have the exclusive use at all times
during employment with the City of an automobile to carry out the business of the City.
The City shall either provide use of a City owned vehicle or an automobile allowance of
$350/month for the use of said automobile for travel. If Employee elects to use the
automobile allowance, Employee shall be responsible for paying for insurance,
operation, maintenance and repairs of the vehicle.
Section 7. Health, Welfare and Retirement.
Except as modified by this agreement, Employee shall be entitled to receive the same
retirement, vacation and sick leave benefits, holidays, and other fringe benefits and
working conditions as they now exist or may be amended in the future, as apply to any
other department head, in addition to any benefits enumerated specifically for the benefit of
Employee as provided in this agreement.
With respect to vacation benefits, the Employee will initially accrue vacation leave with pay
at the rate of ten and 2/3rds (10.67) hours per month. Employee shall continue to accrue
vacation time atthis rate until longevity would afford Employee a higher vacation accrual in
accordance with the Management Resolution. Afterward, Employee will accrue additional
vacation hours at the same rate as City Department Heads. In addition, the City will credit
ten (10) days of vacation leave to his account upon employment, which shall be in addition
to the vacation time he would otherwise accrue as a City Employee.
Section 8. Dues and Subscriptions.
City agrees to budget and to pay for the professional dues and subscriptions of Employee
necessary for the continuation and full participation in national, regional, state and local
associations and organizations necessary and desirable for Employee's continued
professional participation, growth and advancement, and for the good of the City.
Section 9. Professional Development.
A. The City hereby agrees to annually budget and allocate sufficient funds to pay the
expenses of the Police Chiefs necessary travel and living expenses to represent the City at
conferences or meetings of national and state committees or commissions upon which the
Police Chief serves as a member, said membership on said state commissions or
committees being subject to the approval of the City Administrator, and for such other
official meetings or travel as are reasonably necessary for the professional advancement of
the Police Chief as approved by the City Administrator
B. City also agrees to budget and to pay for the travel and subsistence expenses of
Employee for short courses, institutes and seminars that are necessary for his professional
development and for the good of the City.
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Section 10. Professional Liability.
The City agrees that it shall defend, hold harmless, and indemnify the Police Chieffrom all
demands, claims, suits, actions, errors, or other omissions in legal proceedings brought
against the Police Chief in his individual capacity or in his official capacity, provided the
incident arose while the Police Chief was acting within the scope of his employment. If in
the good faith opinion of the Police Chief, conflict exists as regards to the defense of any
such claim between the legal position of the City and the Police Chief, the Police Chief may
engage counsel, in which event, the City shall indemnify the Police Chief for the cost of
legal counsel.
Section 11. Severance Pay.
A. In the event of the involuntary termination of the Police Chief during the term of this
agreement, or a successor agreement, he shall be entitled to receive a lump sum payment
equal to six (6) months aggregate salary and benefits. Termination by the City, as used in
this paragraph, means the Police Chiefs discharge or dismissal by the Mayor with consent
of the City Councilor the Police Chiefs resignation following a salary reduction greater in
percentage than an across-the-board reduction for all city employees, or the Police Chiefs
resignation following a formal request to him by the City Council that he resign. Said sum
shall be paid to the Police Chief within thirty (30) days of the next regular council meeting
after said termination.
B. In the event Employee is terminated because of his conviction of any crime involving
moral turpitude or illegal act involving personal gain to him, then, in that event, City shall
have no obligation to pay the aggregate severance sum designated in Section 11.A.
Section 12. Other Terms and Conditions of Employment.
City shall, by amendments to this agreement, fix such other terms and conditions of
employment, from time to time, as it may determine, relating to the performance by
Employee with the agreement of Employee, provided such terms and conditions are not
inconsistent or in conflict with the provisions of this agreement.
Section 13: Moving and Relocation Expenses
The City will pay expenses associated with moving Employee's household from California
to Ashland in an amount not to exceed $10,000. Moving expenses include packing,
moving, storage costs, unpacking, and insurance charges for moving and storing
Employee's household goods. Moving expenses also include actual lodging and meal
expenses and mileage costs for moving two personal automobiles and shall be reimbursed
at the current IRS allowable rate while the employee is in transit. Moving expenses shall
also include actual lodging, meal expenses, and mileage (or airfare) for up to two visits to
Ashland for the Employee and family for the purpose of securing a permanent residence.
Finally, moving expenses include the actual costs for employee of securing temporary
housing, prior to moving into permanent housing, for up to two months.
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Section 14. Severability. If any part, term, or provision of this agreement is held by the
courts to be illegal or in conflict with the laws of the State of Oregon, the validity of the
remaining portions of the agreement shall not be affected and the rights and obligations of
the parties shall be construed and enforced as if the agreement did not contain the
particular part, term, or provision.
Section 15. PERS Pick-up. Employee contributions to the Public Employees' Retirement
system (PERS) shall be "picked up" by the City. Employee shall not have the option of
receiving money designated for retirement contributions and directly making the
contribution to PERS. Employee's reported salary for tax purposes shall be reduced by the
amount of the employee's contribution to PERS.
Dated this
of
,2006.
Barbara Christensen, City Recorder
John Morrison, Mayor
Accepted this _ day of February 2007.
Terry Holderness
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TERRY HOl.DERNESS
PROFESSlONAL E1\'PERIENCf
1981 - present City of Fontana Police Department,
CapUlm
Sergeant (1984--1989)
Officer (1981-1984)
City of ('..orona Police Department, Corona, CA
Officer
Angeles County Sheriff Department, Los Angeles,
Deputy Sheriff
EDUCATION
2002
1977
Mi\.. Education, San Diego State Unive~.ity,
B.S., Criminal Justice, California Smte
o\.
TERRY HOLDERNESS
SUMMARY OF QUALIFICA nONS
RESUME OF QUALIFICATIONS
More than 28 years experience in law enforcement. Bachelors Degree in Criminal
Degree as a manager. Graduate of the
California roST Command College and the Senior Management Institute for Police. Management
experience in patrol. investigations, administration and special operations. in the
of personnel environmental design and
traffic enforcement NationaUy recognized expert in community policing and development of community
and disorder.
EMPLOYMENT HISTORY
July 2(XX) to Present
Position:
Agency:
Police Captain
:Fontana Police Department
Summary of Duties: Commander of Special ()pemtions and Field Services Divisions. As commander
of the Field Services Di vision currently have management responsibility for all patrol and investigatioos
195 sworn officers. As Commander of the Special Operations Division had
~ement resl>>tlSibility for all of the police department' s special units andprognuns. The City of
one onhe fastest growing cities in the United States and the Special Otx;rationsCOi~ is
responsible for dealing with other city departments. the P1~g Commission and the development
rommunity on issues related to environmenta1design.~lanning and crime.
~leded Acoomplisbments: Assisted in development and management of several programs and problem
solving efforts credited with reducing t:raf'fic. collisioos.cal15forservice and crime citywide. Responsible
for development of most of the pro~stlat haveresult~in the Fontana being chosen by the California
legional Community Policing lnstitute~~v~~ir tOP honor for excellence in community policing
t;wire in the last three years. Oversaw the review and implementation of a department wide use of force
study~d~nlly completed strategic growth and reorganit:.ationplans. Helped develop and manage the
School program that has been recogID7,OOasa model program by both the National
Association Re~n~ Officers and the United Stated i:)epartment(')f JlJsti~. i1:t,)j,;ct director for
the Community which is a partnership with local churcnesand over one hundtcd
other government and community o~_ons that provide 1ernporMY
lnvited to speak at several and wrote artides that appeared in
Cities m3gazint~f> on community policing ~d ' collision reduction strategies.
19Js9 to Jl,lnc 2@
Position:
i\)lice Lieutenant
TERRY HOLDERNESS
RESUME OF QUALIFICATIONS
Agency:
Fontana Police Department
Summary of Duties: Supervision and~g~ment of police personnel. Woded patrol, administration
and the community policing unit At IIlanaged records. dispatcb. traffic, gangs, narcotics,
bikes, internal affairs. training and prevention units. Had primary responsibility for developing
departtnent'scommunitypolicing strategy and was part of the grant writing team.
Selected Accomplishments: Involved in the development of progrdIDS and problem solving efforts that
substantiality reduced drug trafficking, the numrer of homeless persons and graffiti city wide. Wrote
grants that brought over three million dollars in grant funding into the city. Responsible for the
development of programs that received awards for excellence in commwUtypollcllgfInm several national
andinternatio,:tal organizations. including the National League of Cities and thelntemational Association
of Chiefs of Police. collaborative efforts with local community groups and
other government agencies. Invited to speak at several regional, national and international conferences on
community and problem oriented policing. Wrote and oversaw implementation of several city ordinances
to address public safety issues il':lcluding .the [Imt parolee. housing ordinance implemented in the State of
California. Wwte the ~t's first depart:rnent wide training plan.
December 1984 to June 1989
Position:
Agency:
Police Sergeant
Fontana Police Department
Summary of Duties: General supervision patrol shift approximately 18 months. One year of
experience as sxnonnel and training sergeant and two years of experience as su~r of investigations,
narcotics and multi-jurisdictional auto theft units.
~l~~~mplisbments: Wrote new Field Training Officer program and training programs for
Commumty ~. and Dispatchers. Organized the department's fIrst comprehensive
neighborhoodbasednarooti~..~ which signifi~1DUy reduced narcoties activity and related crime in
a large area of Fontana. 1~~edcQmmendation for significantly increJlsing department's DUl. arrests.
June 1981 to ~mber 1984
Position:
Agency:
Police Corporal/Officer
Fontana Police Department
Summary of Duties: General~tmlduties and assignment as a K -9 officer for two years. Assigned as a
detective with duties to all serious crimes occurring in the city.
Ar;complishments: Led patrol unit in DUl arrests
arrest~.
Position:
Police Offlcer
TERRY HOLDERNESS
RESUME OF QUALIFlCA TIONS
Corona Police Department
SOOlmary
General
Selected Accomplishments: Led the department in nUl arrests.
Position:
Deputy Shenff
Angles County
SOOlmary of Duties: Supervision of jril inmates.
Selected Accomplishments: Assigned to work special handling inmates. Commendation for saving a
suicidal irnnate's life.
EDUCATION
June 2001 to December 2002
Course of Study:
J)egree ACQuired:
San Diego State University
Educational Leadership
Master of Aft.. in Education
June 197& to September 1979
Course of Study:
CQnlpleted:
Pewerdine University
Graduate level work in Public Administration
27
SePtember 1972 to June 1977
Course of Study:
Degree ACQuired:
California State University Long Beach
Criminal Justice
Bachelor of Science in Crim.irul1 Justice
EXECUTIVE TRAINING COURSES
COIl'l.lIlMd College
California POST Commission
C'...ompleted June 1998
Executive Deve.lopment Course
California POST Commission
November 2002
Senior Management Institute
for police
Police E.~ccuti\le Research Forum
2005
r.ROPESSIO~AL CERTIFICATES
TERRY HOLDERNESS
RESUME OF QUALIFICATIONS
Management Certificate
California POST Advan<:ed Officer Certificate
Vocational Education Teaching Certificate
CITY OF
ASHLAND
Council Communication
Meeting Date: February 6, 2007
Department: Public Works
Contributing Departments: com~V~gal
Approval: Martha Benne
Estimated Time: Consent Age
Approval of Public Contract for a Term Exceeding Two Years-
Multifunction Business Machine Lease
Primary Staff Contact: Jim Olson, 552-2412 Q1)
E-mail: olsonj@ashland.or.us f t/
Secondary Staff Contact: Nancy Slocum, 552-2420
E-mail;slocumn@ashland.or.us
Statement:
This action is to request approval from the City Council, as the Local Contract Review Board, to enter into a four
year lease for two Xerox multifunction machines at a total four year cost of $35,207.52 {assuming current average
monthly usage sta.ys the same).The Public Works Administration, Engineering and Community Development
divisions share costs and the use of the copier/fax/printer/scanning machines. The lease agreement exceeds the
twenty four month period requiring approval by the LCRB.
Background:
The current four year Ikon Office Solutions lease has expired on two Canon multifunction machines at 51 Winburn
Way. The cost of the lease was shared by the Public Works Administration, Engineering and Community
Development divisions. The current Canon machines were leased just as Community Development, Engineering
and Public Works Administration moved into the shared facilities at 51 Winburn Way. At that time it was difficult to
determine what the combined usage and needs of the equipment would be. The four year lease offered a testing
period to gauge the needs of the building in terms of volume and performance.
In November, 2006, a call for solicitation was sent out to interested companies to replace the smaller front counter
machine and the large production machine. With four years of experience as a combined building, the solicitation
more fully reflected the current demands. In addition, new technology has made the reproduction and archiving of
documents more efficient. Of particular importance was the increased reliance on scanned documents and the
need to scan documents quickly and efficiently.
A four year lease term was selected because of significant cost savings from the two or three year lease. There was
another cost savings at five years, however, our experience with the current machines indicate there are more
maintenance problems with time and an increased likelihood of the technology becoming outdated.
The call for solicitation was offered to Advanced Business Systems, Ikon Office Solutions, Inc., Imagistics and
Superior Office Systems. All four potential suppliers responded by submitting quotes.
The qualifications for the smaller multifunction machine included a slightly faster machine to increase the efficiency
for front counter customer service with additional paper capacity, envelope printing, the latest technology in
scanning (scanning to email and scan to network file) and fax capabilities. The table below compares the current
machine with the least expensive comparable model from each bidder. The cost per image varies from month to
month depending on usage and is added onto the monthly rental cost.
G:\pub-wrks\eng\dept-admin\ENGINEER\Budget\Copier\Xerox CC Copier Contract 6Feb07.doc
Pages Average Maintenance
Comparable Per Monthly Agreement True Cost
Model Bid Minute Lease Monthly Cost per (monthly)
(ppm) Usage Image
Current Canon 2200 22 $176.57 3685 $0.013 $224.48
Machine
Bidders
Advanced Ricoh Aficio
Business 3035 35 $180.00 3685 $0.010 $216.85
Systems
Ikon Canon 3570 35 $232.62 3685 $0.0065 $256.57
Imagistics Im4511 45 $164.67 3685 $0.006 $186.78
(Sharp)
Superior Office Xerox
WorkCentre 38 $208.48 3685 $0.0084 $239.43
Systems Pro 238
The new qualifications for the large production machine included a slightly faster machine to increase the efficiency
for copying commission packets and other large documents, three-hole punching and the latest technology in
scanning (scanning to email and scan to network file). The new machines could not exceed the existing footprint
due to space limitations. The table below compares the current machine with the least expensive comparable
model from each bidder.
Pages Average Maintenance
Model Per Monthly Monthly Agreement True Cost
Tested Minute Lease Usage Cost per (monthly)
(ppm) Image
Current Machine Canon 50 $325.94 32,000 $0.0080 $582.00
5000
Bidders
Advanced Ricoh
Business MP7500 75 $382.75 32,000 $0.0069 $603.55
Systems
Ikon Canon 65 $413.00 32,000 $0.007 $637.00
6570
Imagistics Im5530 55 $213.60 32,000 $0.006 $405.60
(Sharp)
Superior Office Xerox
WorkCentre 65 $302.06 32,000 $0.0060 $494.06
Systems Pro 265
Demonstrations were set up with the ASS, Imagistics and Superior Office Systems machines and since staff is
familiar with Canon it was felt a field visit was adequate. Input was received from staff on the use of the machines
and also from the IT department on the compatibility of the machines with the current network system. Xerox
through Superior Office Systems was not the least expensive, but was less than the recently expired lease, and
was the best responsive bidder. The advantages of Xerox over the over bidders are:
1. Easier network integration than any of the competitive products
2. Very knowledgeable and responsive IT assistance
3. Four hour response time for service calls
G:\pub-wrks\eng\dept-admin\ENGINEER\Budget\Copier\Xerox CC Copier Contract 6Feb07.doc
4. The availability of "Smart Kits" (customer replaceable units such as the xerographic module and fuser)
decreases potential downtime
5. Stored programming for frequently run copy jobs
6. Duplexing (two sided copying) from the bypass tray
7. "Print Around" feature - jobs keep printing if an earlier print job requests media that is not loaded in the
machine
8. Ability to fax directly from the PC
9. Scanning function produces high quality electronic files that are clean and straight
10. Xerox owns the machines and provides insurance.
11. Meet available space requirements
Draft leases were circulated to the Legal Department for review and comment. The Legal Department did not have
any changes to the lease.
Sourcing Method:
Under the Ashland Municipal Code, the procedures for Intermediate Procurement for Goods and Services for under
$75,000 were applicable. As this was an intermediate procurement, it was sent directly to suppliers as a call for
solicitation.
The proposed lease agreement was signed by Administrative Services and Finance Director Lee Tuneberg on
January 25, 2007 with the condition that the contract could be negated any time within sixty (60) days pending
Council approval. This action was necessary to lock in the quoted lease payment which included a trade in value
from a machine donated to Xerox. The sales representative offered this trade as part of the lease agreement on the
condition that the lease is signed prior to January 31st, Signing the lease before this date saved the City $76 per
month ($3,648) in lease payments for the two machines over the next four years. The cancellation clause is stated
in attached lease Section 24(B) and in the letter dated January 24,2007 from Ted Darnall, President, Superior
Office Systems (Xerox sales agent).
Related City Policies:
AMC Chapter 2.50.015 The Purchasing Contracting Officer is authorized to recommend that the Local Contract
Review Board approve or disapprove a contract when the term exceeds twenty-four months.
Under AMC 2.50.020 (A) (ii), the Purchasing Agent shall have the authority to execute a contract without prior
Council approval if the contract does not exceed a twenty-four month contract period.
Council Options:
Local Contract Review Board can approve the lease agreement with Superior Office Systems for the four year
lease term for two copier/faxlscanner/printer machines for the Community Development, Public Works
Administration and Engineering Services Building.
Staff Recommendation:
Staff recommends that the public contract be awarded to Superior Office Systems for four year multifunction
business machine services.
Potential Motions:
Council, acting as the Local Contract Review Board, moves to approve the lease agreement with Superior Office
Systems for the two copier/faxlprinterlscanner machines.
Attachments:
Draft Lease
Letter dated January 24,2007 from Ted Darnall
G:\pub-wrks\eng\dept-admin\ENGINEER\Budget\Copier\Xerox CC Copier Contract 6Feb07.doc
LEASE AGREEMENT
XEROX.
Full Legal Name
Customer Name (Bill to)
DBA/Name Overflow
Street Address
Box#lRouting
City, State
Zip Code
Tax ID#
Customer Name (Install) CITY OF ASHLAND
DBA/Name Overflow (ifreq'd) PUBLIC WORKS
Installed at Street Address 51 WINB URN WAY
FloorlRoomIRouting
City, State ASHLAND, OR
Zip Code 97520-2735
County Installed In Jackson
Customer Requested Install Date 03/22/2007
P
CITY OF ASHLAND
ASHLAND, OR
97520-1850
Check all that apply
o Assoc.lCoop. Name:
~Negotiated Contract # :0721 6,600
OValue Added Services:
o Attached Customer P.O. #s:
Lease:
~ State or Local Government Customer
Int. Rate: % Totallnt. Payable: $
o Replacement/Modification of Prior Xerox Agreement
Agreement covering Xerox Equipment Serial# (or 95#):
is hereby 0 modified 0 replaced Effective Date:
Comments:
Lease Information Lease Term :
~Supplies included in BaseIPrint Charges
o Refin. of Prior Agrmt. : 0 Xerox (95#):
Amt Refin: $ Int Rate: %
o DSA Contract #: -
20 E MAIN ST
Supplies:
48 months
o 3rd Party Eq
Total Int Payable: $
Lease avment Information
Product Purchase Down Prey Fin'l
(with serial number, if in place equipment) Ootion Payment Install Interm
WCP238H WCP238 PTR/SCN/HCF FMV
l)200ENVKIT !)2000FCFIN DWPEMFAXI ~
Analvst Services l't
k;
l't
Min. Lease Payment Frea.
(periodic, excluding excess meter charges)
o Monthly OQuarterly
o Semi-Annual OAnnual
o Other
$
208.48
: MINIMUM LEASE PAYMENT (excl. ofapplic. taxes)
o Adjustment Period
Period A - Mos. Affected:
Periodic Base Charge
Print Charge Meter I:
Prints I -
Prints
Prints
Print Charge Meter 2:
Prints I -
Prints
Periodic Min.# of Prints
(based on Meter I Print Charges)
Min. Lease Payment Mode
o Advance 0 Arrears
Price Information
Period B - Mos. Affected:
Periodic Base Charge
Print Charge Meter I:
Prints I -
Prints
Prints
Print Charge Meter 2:
Prints I -
Prints
Periodic Min.# of Prints
(based on Meter I Print Charges)
Periodic Base Charge
Print Charge Meter I:
Prints I -
Prints
Prints
Print Charge Meter 2:
Prints I -
Prints
Periodic Min.# of Prints
(based on Meter I Print Charges)
+
Op h dS
r
o
o
OAr
S fi
urc ase UDDlles Cash FlO'd
Reorder # Qty Description rice
Total Price -
~ Trade-In Allowance
lDDllcatlOn o tware
Software Title nitial License Fee !Annual Renewal Fee
o Cash o Finance o Sunnort Onlv
Total Initial License Fees -
Manufacturer Modell Final Allowance SusDension o Run Length Plan ~Fixed Price Plan
Serial # Princinal Payment #: (check I as required) o Per-Foot Pricing
CANON NP 2020 Months affected o Extended Service Hours:
SHARP SF 2022 0 June only Description: 1$ Omo.
0 July only ~Attached Addenda: 51860-1(1); 54100SLG
Total Allowance - 0 August only
Total Allowance Applied to: OTrade-In Equip. Balance: 0 June - July o Other Addenda:
OPrice of Replcmnt. Equip.: 0 July - August
Agreement Presented By: CUSTOMER ACKNOWLEDGES RECEIPT OF THE TERMS OF THIS
Xerox Name' Lee Nal!areda Phone: ( 541)779-1251 AGREEMENT (CONSISTING OF 8 PAGES INCLUDING THIS FACE PAGEl
II )R \i II if lj\ I/.! !) J !l.\ r"" fj !\ t, \i 1,>1 (1,<1 Y Auth. Signer Name: Lee Tuneberg
\(LlpL.:d \erU\ l orp! \f,ll.h!i! (Please Print Name of Authomed Signer)
H. Signature: X Lf).,( ~ ~ ~ Date: ;jZ-) /07
I " . ~ .: i, It' " J/!ri/li!".' _: ! ,
1 Ill-:. ! )utL ( Signature of Aut orized c I .
Auth. Signer Title: Director Phone: (541)488-5300
\\ I 'rk "lh(d ; )(/\2-11 i 1111 I 12 + :'Yi" 12 ~ ~ l!li
E-Mail:
www.xerox.com o Tax Exempt (*Must attach Sales Tax Exemption Certificate)
o K-16 Billing
Additional ODtions (check all that apply)
Xerox Form# 51860 (05/2005)
1/24/2007
Page lof8
LEASE AGREEMENT (ADDITIONAL PRODUCTS)
Full Legal Name
Customer Name (Bill to) CITY OF ASHLAND
DBAlName Overflow
Date of Customer Signature on Attached Agreement
XEROX,
Check all that apply
o Attached Customer P.O. #s: Supplies:
Lease :
~ State or Local Government Customer
Customer Name (Install) CITY OF ASHLAND
DBAlName Overflow (ifreq'd) PUBLIC WORKS
Installed at Street Address 51 WINBURN WAY
Floor/Room/Routing
City, State ASHLAND, OR
Zip Code 97520-2735
County Installed In Jackson
Customer Requested Install Date 03122/2007
$
302.06
: MINIMUM LEASE PAYMENT (excl. ofapplic. taxes)
o Adjustment Period
Period A - Mos. Affected:
Periodic Base Charge
Print Charge Meter I:
Prints 1 -
Prints
Prints
Print Charge Meter 2:
Prints 1 -
Prints
Periodic Min.# of Prints
(based on Meter I Print Charges)
Price Information
Periodic Base Charge
Print Charge Meter I:
Prints I -
Prints
Prints
+
Print Charge Meter 2:
Prints 1 -
Prints
Periodic Min.# of Prints
(based on Meter 1 Print Charges)
o
o
o
~ Trade-In Allowance
Manufacturer Modell Final Allowance
Serial # Principal Pavr ent #:
CANON PC6RE
Total Allowance =
Total Allowance Applied to: OTrade-In Equip. Balance:
OPrice ofReplcmnt. Equip.:
i ).,i i ! illj,; ili i! if;; ': ! l\ \i i ;"'1 (I',!
\\ i\T!,.~,hu:: r )I,I,?~:
: ~'~ '.=""
www.xerox.com
Xerox Form# 51860-1 (05/2005)
o
S f
Int. Rate: % Total Int. Payable: $
o Replacement/Modification of Prior Xerox Agreement
Agreement covering Xerox Equipment Serial# (or 95#):
is hereby 0 modified 0 replaced Effective Date:
Comments:
Lease Information
Lease Term : 48 months
~Supplies included in Base/Print Charges
o Refin. of Prior Agrmt. :0 Xerox (95#):
Amt Refin: $ Int Rate: %
Lease Payment Information
Product Purchase Down Prey Fin'l
(with serial number, ifin place equipment) Option Payment Install Interm
WCP265H WCP265 PTR/SCN/HCF FMV
mOOOFCFIN mHOLE
Analvst Services
Purchased Supplies Cash Fin'd ApplIcation o tware
Reorder # Otv Description nce Software Title nitial License Fee IAnnual Renewal Fee
o Cash o Finance o SUDDOrt Onlv
Total Price = Total Initial License Fees -
o K-16 Billing
Suspension
(check 1 as required)
Months affected
o June only
o July only
o August only
o June - July
o July - August
1/24/2007
o 3rd Party Eq.
Total Int Payable: $
Min. Lease Pavment FreQ.
(periodic, excluding excess meter charges)
o Monthly o Quarterly
o Semi-Annual OAnnual
o Other
Min. Lease Pavment Mode
o Advance 0 Arrears
Period B - Mos. Affected:
Periodic Base Charge
Print Charge Meter 1:
Prints 1 -
Prints
Prints
Print Charge Meter 2:
Prints 1 -
Prints
Periodic Min.# of Prints
(based on Meter 1 Print Charges)
Additional Options (check all that apply)
o Run Length Plan ~Fixed Price Plan
o Per-Foot Pricing
o Extended Service Hours:
Description: 1$ 0 mo.
o Attached Addenda:
Page 2 of 8
GENERAL TERMS: The following tenns apply to all lease transactions:
I. PRODUCTS The term "Products" shall refer collectively to all equipment (the
"Equipment"), software, and supplies ordered under this Agreement. You represent
that the Products are being ordered for your own business use (rather than resale)
and that they will not be used for personal, household or family purposes.
2. NON-CANCELABLE LEASE. THIS AGREEMENT IS A LEASE AND IT
CANNOT BE CANCELED OR TERMINATED EXCEPT AS EXPRESSLY
PROVIDED HEREIN, AND YOUR OBLIGATION TO MAKE ALL PAYMENTS
DUE OR TO BECOME DUE SHALL BE ABSOLUTE AND UNCONDITIONAL
AND SHALL NOT BE SUBJECT TO ANY DELAY, REDUCTION, SET-OFF,
DEFENSE, COUNTERCLAIM OR RECOUPMENT FOR ANY REASON
WHATSOEVER, IRRESPECTIVE OF XEROX'S PERFORMANCE OF ITS
OBLlGA TlONS HEREUNDER. ANY CLAIM AGAINST XEROX MAYBE
ASSERTED SOLELY AGAINST XEROX IN A SEPARATE ACTION.
3. LEASE COMMENCEMENT, PAYMENT, TAXES & CREDIT HISTORY.
A. The lease tenn for this Agreement shall commence upon installation of the
Equipment; provided, however, for customer-install able Equipment, the lease term
for this Agreement shall commence upon delivery of the Equipment.
B. Invoices are payable upon receipt and you agree to pay Xerox each Minimum
Lease Payment, all Print Charges and all other sums due as follows: (i) if the
invoice displays a due date, payment is due and must be received by Xerox on or
before said due date, or (ii) if the invoice does not display a due date, payment is
due and must be received by Xerox no later than thirty (30) days after the invoice
date. Restrictive covenants on instruments or documents submitted for or with
payments you send to Xerox will not reduce your obligations.
C. You shall be responsible for any and all applicable Taxes, which will be
included in Xerox's invoice unless you provide proof of your tax exempt status
"Taxes" shall mean any tax, assessment or charge imposed or collected by any
governmental entity or any political subdivision thereof, however designated or
levied, imposed on this Agreement or the amounts payable to Xerox by you for the
billing of Products, Print Charges, servIces and maintenance of any kind; Taxes
include, but are not limited to, sales and use, rental, excise, gross receipts and
occupational or privilege taxes, plus any interest and/or penalty thereon, but
excluding any personal property taxes and taxes on Xerox's net income. If a taxing
authority determines that Xerox did not collect all applicable Taxes, you shall
remain liable to Xerox for such additional Taxes.
D. You, to the extent required by applicable law, authorize Xerox (or its agent) to
obtain credit reports, make such other credit inquiries as Xerox may deem necessary
at any time, furnish payment history infonnation to credit reporting agencies, and
release to prospective assignees of this Agreement or any rights hereunder credit-
related infonnation Xerox has about you and this Agreement.
4. BASIC SERVICES. As a mandatory part of a lease, Xerox (or a designated
servicer) will provide the following Basic Services under this Agreement (unless
you are acquiring Equipment for which Xerox does not offer Basic Services; such
Equipment to be designated as "No Svc "):
A. REPAIRS & PARTS. Xerox will make repairs and adjustments necessary to
keep Equipment in good working order (including such repairs or adjustments
required during initial installation) Parts required for repair may be new,
reprocessed, or recovered.
B HOURS & EXCLUSIONS. Unless otherwise stated, Basic Services will be
provided during Xerox's standard working hours (excluding Xerox-recognized
holidays) in areas within the United States, its territories, and possessions open for
repair service for the Equipment at issue. You agree to give Xerox reasonable
access to the Equipment. Basic Services shall cover repairs and adjustments
required as a result of nonnal wear and tear or defects in materials or workmanship
(and shall exclude repairs or adjustments Xerox determines to relate to or be
affected by the use of options, accessories, or other connected products not serviced
by Xerox, as well as any non-Xerox alterations, relocation, service, supplies, or
consumables). You agree to use Equipment in accordance with, and to perfonn all
operator maintenance procedures for Equipment as set forth in, the applicable
manuals provided by Xerox.
C. INSTALLATION SITE & METER READINGS. The Equipment installatIOn
site must confonn to Xerox's published requirements throughout the tenn of this
Agreement. If applicable, you agree to provide meter readings in the manner
prescribed by Xerox. If you do not provide Xerox with meter readings as required,
Xerox may estimate them and bill you accordingly.
D. EQUIPMENT REPLACEMENT. If Xerox is unable to maintain the
Equipment as described above, Xerox will, as your exclusive remedy for Xerox's
failure to provide Basic Services, replace the Equipment with an identical product
or, at Xerox's option, another product of equal or greater capabilities. If a
replacement product is provided pursuant to this Section, there will not be an
Xerox Form# 51860t&c (05/2005) 1/24/2007
additional charge for the replacement product and, except as set forth in the section
of this Agreement titled "MAINTENANCE COMPONENT PRICE INCREASES",
there will not be an additional charge for Basic Services during the then-current
tenn during which Basic Services are being provided.
E. CARTRIDGE PRODUCTS. If Xerox is providing Basic Services for
Equipment utilizing cartridges designated by Xerox as customer replaceable units,
including copy/print cartridges and xerographic modules or fuser modules
("Cartridges"), you agree to use only unmodified Cartridges purchased directly
from Xerox or its authorized resellers in the United States and the failure to use
such Cartridges shall void any warranty applicable to such Equipment.
F. PC/WORKSTATION REQUIREMENTS. In order to receive Basic Services
and/or Software Support for Equipment requiring connection to a PC or
workstation, you must utilize a PC or workstation that either (I) has been provided
by Xerox or (2) meets Xerox's published specifications.
G DELIVERY AND REMOVAL. Xerox will be responsible for all standard
delivery and removal charges. You will be responsible for any non-standard
delivery or removal charges incurred.
5. WARRANTY DISCLAIMER & WAIVERS. XEROX DISCLAIMS, AND
YOU WAIVE, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT AND
FITNESS FOR A PARTICULAR PURPOSE. The parties intend this Agreement to
be a "finance lease" under Article 2A of the Unifonn Commercial Code. Except to
the extent expressly provided, herein and to the extent pennitted by applicable law,
you waive all rights and remedies conferred upon a lessee by said Article.
6. INTELLECTUAL PROPERTY INDEMNITY. Xerox, at its expense, will
defend you from, and pay any settlement agreed to by Xerox or any final judgment
for, any claim that a Xerox-brand Product infringes a third party's U.S. intellectual
property rights, provided you promptly notify Xerox of the alleged infringement
and pennit Xerox to direct the defense. Xerox is not responsible for any non-Xerox
litigation expenses or settlements unless it preapproves them in writing. To avoid
infringement, Xerox may modify or substitute an equivalent Xerox-brand Product,
refund the price paid for the Xerox-brand Product (less the reasonable rental value
for the period it was available to you), or obtain any necessary licenses. Xerox is
not liable for any infringement-related liabilities outside the scope of this Section
including, but not limited to, infringement based upon a Xerox-brand Product being
modified to your specifications or being used or sold with products not provided by
Xerox.
7. LIMITATION OF LIABILITY. Xerox shall not be liable to you for any direct
damages in excess of $1 0,000 or the amounts paid hereunder, whichever is greater,
and neither party shall be liable to the other for any special, indirect, incidental,
consequential or punitive damages arising out of or relating to this Agreement,
whether the claim alleges tortious conduct (including negligence) or any other legal
theory The above-stated limitation of liability shall not be applicable to any
specific indemnification obligations set forth in this Agreement. Any action you
take against Xerox must be commenced within two (2) years after the event that
caused it.
8. ASSIGNMENT.
A. If you wish to assign any rights or obligations under this Agreement, you shall
provide a written notice to Xerox of such request for consent, with said notice
including the name of the proposed assignee Your request to assign this
Agreement will be granted by Xerox if: (I) you are not in default under this
Agreement or any other agreement with Xerox; (2) the proposed assignee agrees to
the section of this Agreement titled "LEASE COMMENCEMENT, PAYMENT,
TAXES & CREDIT HISTORY" as applicable to it, for the purposes of the
proposed assignment; (3) the proposed assignee meets Xerox's then current credit
criteria for similar transactions as detennined by Xerox in its sole discretion: and,
(4) you and the proposed assignee execute a writing, in a fonn acceptable to Xerox,
confirming said assignment. Assignment by you requires the written consent of
Xerox and may not be accomplished by operation oflaw.
B. Xerox may assign this Agreement, in whole or in part, to a parent, subsidiary or
affiliate of Xerox, or to a person or entity for the purposes of securitizing a pool of
assets or as part of a third party financial transaction without prior notice to you:
provided, however, any proposed assignment to a person or entity not identified
previously in this sentence shall require your prior written consent. In the event of
an assignment pennitted by the preceding sentence, Xerox, without notice to you,
may release infonnation it has about you related to this Agreement. Each
successive assignee of Xerox shall have all of the rights but none of the obligations
of Xerox hereunder. You shall continue to look to Xerox for performance of
Xerox's obligations, including the provision of Basic Services, and you hereby
waive and release any assignees of Xerox from any such claim relating to or arising
from the perfonnance of Xerox's obligations hereunder. You shall not assert any
defense, counterclaim or setoff that you may have or claim against Xerox against
Page 3 of 8
any assignees of Xerox. In the event of an assignment by Xerox, you shall remit
payments due in accordance with remittance instructions of the assignee.
9. MINIMUM LEASE PAYMENTS. Each Minimum Lease Payment (which
may be billed on more than one invoice) includes a Periodic Base Charge, and may
include a Periodic Minimum Number of Prints. The Minimum Lease Payments,
along with any additional Print Charges for prints made in excess of the Minimum
Number of Prints, cover your cost for the use of the Equipment and its mamtenance
(provided as Basic Services).
10. MAINTENANCE COMPONENT PRICE INCREASES. Xerox may annually
increase that amount of the Minimum Lease Payment and Print Charges you are
charged for maintenance of the Equipment (the "Maintenance Component"), each
such increase not to exceed 10%. (For state and local government customers, this
adjustment shall take place at the commencement of each of your annual contract
cycles)
II TITLE, RISK & RELOCATION. Title to the Equipment shall remain with
Xerox until you exercise your option to purchase it. Until you exercise your option
to purchase the Equipment, you agree that: (a) it shall remain personal property; (b)
you will not attach any of it as a fixture to any real estate; (c) you will not pledge.
sub-lease or part with possession of it or file or permit to be filed any lien against it;
and, (d) you will not make any permanent alterations to it. The risk of loss due to
your fault or negligence, as well as theft, fire or disappearance, shall pass to you
upon shipment from a Xerox controlled facility. The risk of loss due to all other
causes shall remain with Xerox unless and until you exercise your option to
purchase the Equipment. Until title passes to you, all Equipment relocations must
be arranged (or approved in advance) by Xerox and shall be at your expense While
Equipment is being relocated, you are responsible for all payments required to
Xerox under this Agreement. Equipment cannot be relocated outside of the United
States, its territories or possessions until you have exercised the Purchase Option
indicated in this Agreement. If you acquire title to the Equipment, you must comply
with all applicable laws and regulations regarding the export of any commodity,
technology and/or software. All parts/materials replaced, including as part of an
upgrade, will become Xerox's property.
12. DEFAULT & REMEDIES; LATE CHARGES & COLLECTION COSTS.
A. For any payment not received by Xerox within ten (10) days of the due date as
set forth herein, Xerox may charge, and you agree to pay, a late charge equal to the
higher of five percent (5%) of the amount due or $25 (not to exceed the maximum
amount permitted by law) as reasonable collection costs.
B. You will be in default under this Agreement if (I) Xerox does not receive any
payment within fifteen (15) days after the date it is due or (2) if you breach any
other obligation hereunder. If you default, Xerox, in addition to its other remedies
(including the cessation of Basic Services), may require immediate payment, as
liquidated damages for loss of bargain and not as a penalty, of: (a) all amounts then
due, plus interest on all amounts due from the due date until paid at the rate of one
and one-half percent (1.5%) per month (not to exceed the maximum amount
permitted by law); (b) the remaining Minimum Lease Payments in the Agreement's
term less any unearned finance, maintenance, and supply charges (as reflected on
the lessor's books and records); (c) a reasonable disengagement fee calculated by
Xerox that will not exceed fifteen percent (15%) of the amount in (b) above (said
amount is available from Xerox upon request); and (d) all applicable Taxes. You
also shall either (I) make the Equipment available for removal by Xerox when
requested to do so by Xerox and, at the time of removal, the Equipment shall be in
the same condition as when delivered (reasonable wear and tear excepted), together
with any related software, or (2) purchase the Equipment "AS IS, WHERE IS" and
WITHOUT ANY WARRANTY AS TO CONDITION OR VALUE by paying
Xerox the Purchase Option and all applicable Taxes. Xerox's decision to waive or
forgive a particular default shall not prevent Xerox from declaring any other
default. In addition, if you default under this Agreement, you agree to pay all of the
costs Xerox incurs to enforce its rights against you, including reasonable attorneys'
fees and actual costs.
13. CARTRIDGES. Cartridges packed with Equipment and replacement
Cartridges may be new, remanufactured or reprocessed. Remanufactured and
reprocessed Cartridges meet Xerox's new Cartridge performance standards and
contain new and/or reprocessed components. To enhance print quality, the
Cartridge(s) for many models of Equipment have been designed to cease
functioning at a predetermined point. In addition, many Equipment models are
designed to function only with Cartridges that are newly manufactured original
Xerox Cartridges or with Cartridges intended for use in the U.S. Equipment
configuration that permits use of non-newly manufactured original Xerox
Cartridges may be available from Xerox at an additional charge. Cartridges sold as
Environmental Partnership ("EP") Cartridges remain the property of Xerox. You
agree that you shall return all EP Cartridges and may return other Cartridges to
Xerox, at Xerox's expense when using Xerox-supplied shipping labels, for
remanufacturing once such Cartridges cease functioning.
Xerox Form# 51860t&c (05/2005)
14. EQUIPMENT STATUS. Unless you are acquiring Previously Installed
Equipment, Equipment will be either (a) "Newly Manufactured", which may
contain some recycled components that are reconditioned; (b) "Factory Produced
New Model", which is manufactured and newly serialized at a Xerox factory, adds
functions and features to a product previously disassembled to a Xerox
predetermined standard, and contains both new components and recycled
components that are reconditioned, or, (c) "Remanufactured", which has been
factory produced following disassembly to a Xerox predetermined standard and
contains both new components and recycled components that are reconditioned.
15 LEASE OPTIONS. The following options are available for Equipment subject
to this Agreement.
A. PURCHASE OPTION. Ifnot in default, you may purchase the Equipment, "AS
IS. WHERE-IS" and WITHOUT ANY WARRANTY AS TO CONDITION OR
VALUE: (i) at the end of the lease term for the Purchase Option indicated on the
face of this Agreement (i.e. either a set dollar amount or the Fair Market Value of
the Equipment at the lease term's conclusion ["FMV"]), plus all applicable Taxes,
or (ii) any time during the lease term by paying: (I) all amounts then due; (2) the
remaining Minimum Lease Payments in the Agreement's term less any unearned
finance, maintenance, and supply charges (as reflected on the lessor's books and
records); (3) a reasonable disengagement fee calculated by Xerox that will not
exceed fifteen percent (15%) of the amount in (2) above (said amount is available
from Xerox upon request); (4) the applicable Purchase Option; and (5) all
applicable Taxes.
B. RENEWAL. Unless either party provides notice at least thirty (30) days before
the end of the lease term of its intention not to renew this Agreement, it will be
renewed automatically on a month-to-month basis at the same price, terms and
conditions and billing frequency as the original Agreement. During this renewal
period, either party may ternlinate this Agreement upon at least thirty (30) days
notice.
C. LEASE TERMINATION. Upon termination pursuant to B. above, and if you
have not purchased the Equipment, you shall make the Equipment available for
removal by Xerox when requested to do so by Xerox and, at the time of removal,
the Equipment shall be in the same condition as when delivered (reasonable wear
and tear excepted), together with any related software.
16 PROTECTION OF XEROX'S RIGHTS. You hereby authorize Xerox or its
agents to file, by any permissible means, financing statements necessary to protect
Xerox's rights as the Equipment Lessor. Xerox, on your behalf and at your
expense, may take any action required to be taken by you under this Agreement that
you fail to take.
17 REPRESENTATIONS, WARRANTIES & COVENANTS. Each party
represents that, as of the date of this Agreement, it has the lawful power and
authority to enter into this Agreement, the individuals signing this Agreement are
duly authorized to do so on its behalf and, by entering this Agreement, it will not
violate any law or other agreement to which it is a party. You are not aware of
anything that will have a material negative effect on your ability to satisfY your
payment obligations under this Agreement and all financial information you have
provided, or will provide, to Xerox is true and accurate and provides a good
representation of your financial condition. Each party agrees that it will promptly
notifY the other party in writing of a change in ownership, if it relocates its principal
place of business or changes the name of its business.
18. NOTICES. Notices must be in writing and will be deemed given five (5) days
after mailing, or two (2) days after sending by nationally recognized overnight
courier, to the other party's business address, or to such other address designated by
either party to the other by written notice given pursuant to this sentence. The term
"business address" shall mean, for you, the "Bill to" address listed on the first page
of this Agreement and, for Xerox, our inquiry address set forth on the most recent
invoice to you.
19. FORCE MAJEURE. Xerox shall not be liable to you during any period in
which Its performance is delayed or prevented, in whole or in part, by a
circumstance beyond its reasonable control, which circumstances include, but are
not limited to, the following: act of God (e.g., flood, earthquake, wind); fire; war;
act of a public enemy or terrorist; act of sabotage; strike or other labor dispute; riot;
misadventure of the sea; inability to secure materials and / or transportation; or, a
restriction imposed by legislation, an order or a rule or regulation of a governmental
entity If such a circumstance occurs, Xerox shall undertake reasonable action to
notifY you of the same
20. MISCELLANEOUS. This Agreement constitutes the entire agreement as to its
subject matter, supersedes all prior and contemporaneous oral and written
agreements, and shall be construed under the laws of the State of New York
(without regard to conflict-of-Iaw principles). You agree to the jurisdiction and
venue ofthe federal and state courts in Monroe County, New York. In any action to
enforce this Agreement, the parties agree to waive their right to a jury trial. If a
1/24/2007
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court finds any term of this Agreement to be unenforceable, the remaining terms of
this Agreement shall remain in effect. Both parties may retain a reproduction (e.g.,
electronic image, photocopy, facsimile) of this Agreement which shall be
admissible in any action to enforce it, but only the Agreement held by Xerox shall
be considered an original. Xerox may accept this Agreement either by its
authorized signature or by commencing performance (e.g., Equipment delivery,
initiating Basic Services, etc.). All changes to this Agreement must be made in a
writing signed by both parties, accordingly, any terms on your ordering documents
shall be of no force or effect. The following four sentences control over every other
part of this Agreement and over all other documents now or later pertaining to this
Agreement. We both intend to comply with applicable laws. In no event will
Xerox charge or collect any amounts in excess of those allowed by applicable law.
Any part of this Agreement that would, but for this Section, be read under any
circumstances to allow for a charge higher than that allowed under any applicable
legal limit, is limited and modified by this Section to limit the amounts chargeable
under this Agreement to the maximum amount allowed under the legal limit. If, in
any circumstances, any amount in excess of that allowed by law is charged or
received, any such charge will be deemed limited by the amount legally allowed
and any amount received by Xerox in excess of that legally allowed will be applied
by us to the payment of amounts legally owed under this Agreement, or refunded to
you.
SOFTWARE TERMS: The following additional terms apply only to transactions
covering Application Software and/or Xerox-brand Equipment:
21. SOFTWARE LICENSE. The following terms apply to copyrighted software
and the accompanying documentation, including, but not limited to, operating
system software, provided with or within the Xerox-brand Equipment acquired
hereunder ("Base Software") as well as software specifically set out as "Application
Software" on the face of this Agreement. This license does not apply to any
Diagnostic Software or to any software / documentation accompanied by a
clickwrap or shrinkwrap license agreement or otherwise made subject to a separate
license agreement.
A. Xerox grants you a non-exclusive, non-transferable license to use the Base
Software within the United States, its territories, and possessions (the "United
States") only on or with the Equipment with which (or within which) it was
delivered. For Application Software, Xerox grants you a non-exclusive, non-
transferable license to use this software within the United States on any single unit
of equipment for as long as you are current in the payment of any indicated
software license fees (including any Annual Renewal Fees). You have no other
rights to the Base or Application Software and, in particular, may not: (I)
distribute, copy, modifY, create derivatives of, decompile, or reverse engineer this
software; (2) activate any software delivered with or within the Equipment in an
unactivated state; or, (3) allow others to engage in same. Title to the Base and
Application Software and all copyrights and other intellectual property rights in it
shall at all times reside solely with Xerox and/or its licensors (who shall be
considered third-party beneficiaries of this Agreement's software and limitation of
liability provisions). Base and Application Software may contain, or be modified to
contain, computer code capable of automatically disabling proper operation or
functioning of the Equipment. Such disabling code may be activated if: (a) Xerox
is denied reasonable access to the Base or Application Software to periodically reset
such code; (b) you are notified of a default under any term of this Agreement; or,
(c) your license is terminated or expires.
B. Xerox may terminate your license for any Base Software (1) immediately if
you no longer use or possess the Equipment or are a lessor of the Equipment and
your first lessee no longer uses or possesses it, or (2) upon the termination of any
agreement under which you have rented or leased the Equipment.
C. If you transfer possession of the Equipment after you obtain title to it, Xerox
will offer the transferee a license to use the Base Software within the United States
on or with it, subject to Xerox's then-applicable terms and license fees, if any, and
provided the transfer is not in violation of Xerox's rights.
D. Xerox warrants that the Base and Application Software will perform in material
conformity with its user documentation for a ninety (90) day period from the date it
is delivered or, for software installed by Xerox, the date of software installation.
Neither Xerox nor its licensors warrant that the Base or Application Software will
be free from errors or that its operation will be uninterrupted.
22. SOFTWARE SUPPORT. During the period that Xerox (or a designated
servicer) provides Basic Services for the Equipment but in no event longer than five
(5) years after Xerox stops taking orders from customers for their acquisition of the
subject model of Equipment, Xerox (or a designated servicer) will also provide
software support for the Base Software under the following terms. For Application
Software licensed pursuant to this Agreement, Xerox will provide software support
under the following terms provided you are current in the payment of all Initial
License and Annual Renewal Fees (or, for programs not requiring Annual Renewal
Fees, the payment of the Initial License Fee and the annual "Support Only" Fees).
Xerox Form# 51860t&c (05/2005)
A. Xerox will assure that Base and Application Software performs in material
conformity with its user documentation and will maintain a toll-free hotline during
standard business hours to answer related questions
B. Xerox may make available new releases of the Base or Application Software
that primarily incorporate coding error fixes and are designated as "Maintenance
Releases". Maintenance Releases are provided at no charge and must be
implemented within six (6) months after being made available to you. Each new
Maintenance Release shall be considered Base or Application Software governed
by these Software Terms. New releases of the Base or Application Software that
are not Maintenance Releases, if any, may be subject to additional license fees at
Xerox's then-current pricing and shall be considered Base or Application Software
governed by these Software Terms (unless otherwise noted). Xerox will not be in
breach of its software support obligations hereunder if, in order to implement, in
whole or in part, a new release of Base or Application Software provided or made
available to you by Xerox, you must procure, at your expense, additional hardware
and/or software from Xerox or any other entity. You agree to return or destroy all
prior releases.
C. Xerox will use reasonable efforts, either directly and/or with its vendors. to
resolve coding errors or provide workarounds or patches, provided you report
problems as specified by Xerox.
D Xerox shall not be obligated (I) to support any Base or Application Software
that is two or more releases older than Xerox's most current release or (2) to remedy
coding errors if you have modified the Base or Application Software.
E. For Application Software, Xerox may annually increase the Annual Renewal
and Support-Only Fees, each such increase not to exceed 10%. (For state and local-
government customers, this adjustment shall take place at the commencement of
each of your annual contract cycles. )
23. DIAGNOSTIC SOFTWARE. Software used to maintain the Equipment and/or
diagnose its failures or substandard performance (collectively "Diagnostic
Software") is embedded in, resides on, or may be loaded onto the Equipment. The
Diagnostic Software and method of entry or access to it constitute valuable trade
secrets of Xerox. Title to the Diagnostic Software shall at all times remain solely
with Xerox and/or Xerox's licensors. You agree that (a) your acquisition of the
Equipment does not grant you a license or right to use the Diagnostic Software in
any manner, and (b) that unless separately licensed by Xerox to do so, you will not
use, reproduce, distribute, or disclose the Diagnostic Software for any purpose (or
allow third parties to do so). You agree at all times (including subsequent to the
expiration of this Agreement) to allow Xerox to access, monitor, and otherwise take
steps to prevent unauthorized use or reproduction ofthe Diagnostic Software
GOVERNMENT CUSTOMER TERMS: The following additional terms apply
only to lease transactions with state and local government customers:
24. REPRESENTATIONS & WARRANTIES, FUNDING, TAX TREATMENT &
PA YMENT.
A. REPRESENTATIONS & WARRANTIES. You hereby represent and warrant.
as of the date of this Agreement, that: ( I) you are a State or a fully constituted
political subdivision or agency of the State in which you are located and are
authorized to enter into, and carry out, your obligations under this Agreement and
any other documents required to be delivered in connection with the Agreement
(collectively, the "Documents"): (2) the Documents have been duly authorized,
executed and delivered by you in accordance with all applicable laws, rules.
ordinances and regulations (including, but not limited to, all applicable laws
governing open meetings, public bidding and appropriations required in connection
with this Agreement and the acquisition of the Equipment) and are valid, legal,
binding agreements, enforceable in accordance with their terms and the person(s)
signing the Documents have the authority to do so, are acting with the full
authorization of your governing body and hold the offices indicated below their
signatures, each of which are genuine; (3) the Equipment is essential to the
immediate performance of a governmental or proprietary function by you within the
scope of your authority and shall be used during the lease term only by you and
only to perform such function; and, (4) your obligations to remit payments under
this Agreement constitute a current expense and not a debt under applicable state
law and no provision of this Agreement constitutes a pledge of your tax or general
revenues and any provision that is so construed by a court of competent jurisdiction
is void from the inception of this Agreement.
B. FUNDING. You represent and warrant that all payments due and to become
due during your current fiscal year are within the fiscal budget of such year and are
included within an unrestricted and unencumbered appropriation currently available
for the lease/purchase of the Equipment, and that it is your intent to use the
Equipment for the entire lease term and to make all payments required under this
Agreement. In the event that (I) through no action initiated by you your legislative
body does not appropriate funds for the continuation of this Agreement for any
fiscal year after the first fiscal year and has no funds to do so from other sources,
and (2) you have made a reasonable but unsuccessful effort to find a creditworthy
1/24/2007
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assignee acceptable to Xerox in its sole discretion within your general organization
who can continue this Agreement, this Agreement may be terminated. To effect this
termination, you shall, thirty (30) days prior to the beginning of the fiscal year for
which your legislative body does not appropriate funds for such upcoming fiscal
year, send Xerox written notice stating that your legislative body failed to
appropriate funds and that you have made the required effort to find an assignee
Your notice must be accompanied by payment of all sums then owed through the
current year to Xerox under this Agreement and must certifY that the canceled
Equipment is not being replaced by equipment performing similar functions during
the ensuing fiscal year In addition, you agree at your expense to return the
Equipment in good condition to a location designated by Xerox and that, when
returned, the Equipment will be free of all liens and encumbrances. You will then
be released from your obligations to make any further payments to Xerox beyond
those due for the current fiscal year (with Xerox retaining all sums paid to date).
C. TAX TREATMENT. This Agreement has been accepted on the basis of your
representation that Xerox may claim any interest paid by you as exempt from
federal income tax under Section I03(c) of the Code. You agree to comply with the
information reporting requirements of Section I 49( e) of the Code. Such compliance
shall include, but not be limited to, the execution of 8038-G or 8038-GC
Information Returns. You hereby appoint Xerox as your agent to maintain, and
Xerox agrees to maintain, or cause to be maintained, a complete and accurate record
of all assignments of this Agreement in form sufficient to comply with the book
entry requirements of Section 149(a) of the Code and the regulations prescribed
thereunder from time to time Should Xerox lose the benefit of this exemption as a
result of your failure to comply with or be covered by Section 103(c) or its
regulations, then, subject to the availability of funds and upon demand by Xerox,
you shall pay Xerox an amount equal to its loss in this regard. At the time of
execution of this Agreement, you shall provide Xerox with a properly prepared and
executed copy of US Treasury Form 8038 or 8038-GC
D. PAYMENT. Your payment is due within thirty (30) days of our invoice date.
ADDITIONAL TERMS: The following additional terms apply only to the extent
that you have agreed to one or more ofthe options described below:
25. CONSUMABLE SUPPLIES INCLUDED IN BASE/PRINT CHARGES If
this option has been selected, Xerox (or a designated servicer) will provide you with
black toner (excluding highlight color toner), black developer, copy Cartridges, and,
if applicable, fuser ("Consumable Supplies") throughout the term of this
Agreement For full-color Equipment, Consumable Supplies shall also include, as
applicable, color toner and developer You agree that the Consumable Supplies are
Xerox's property until used by you, that you will use them only with the Equipment,
that you will return all Cartridges to Xerox for remanufacturing once they have
been run to their cease-function point (at Xerox's expense when using Xerox-
supplied shipping labels), and that at the end of the term of this Agreement either
(a) you will return any unused Consumable Supplies to Xerox (at Xerox's expense
when using Xerox-supplied shipping labels )or (b) destroy them in a manner
permitted by applicable law. Should your use of Consumable Supplies exceed
Xerox's published yields for these items by more than 10%, you agree that Xerox
shall have the right to charge you for any such excess usage. When requested by
Xerox, you agree to provide meter readings and inventory of Consumable Supplies
. .
In your possessIOn.
26. REPLACEMENT / MODIFICATION OF PRIOR XEROX AGREEMENT. If
this option has been selected, this Agreement will replace or modifY a prior
agreement between you and Xerox covering the specified equipment If it is a
replacement agreement, the prior agreement shall be null and void. If it is a
modification, the prior agreement shall remain in effect except that any terms
presented in this modification agreement that conflict with, or are additive to, any of
the terms in the prior agreement shall take precedence over the terms in the prior
agreement for the balance of the Agreement In addition, modifications requiring a
reamortization of your payments may include a one-time administrative/processing
charge that will appear on your first bill under this revised arrangement
27. XEROX AS FINANCIAL INTERMEDIARY. If this option has been selected,
you are leasing specifically identified products that were selected by you and that
are not sold by Xerox in the normal course of its business. If you have signed a
purchase contract for such products, by signing this Agreement you assign your
rights but none of your obligations under such purchase contract to Xerox. With
regard to these products, you agree that Xerox is leasing them to you "AS IS,
WHERE IS" and that XEROX HAS NOT MADE, AND YOU HEREBY WAIVE,
ANY EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES
WHATSOEVER, INCLUDING, WITHOUT LIMITATION, (a) ANY IMPLIED
WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR
PURPOSE OR NON-INFRINGEMENT. and (b) ANY REPRESENTATION OR
WARRANTY REGARDING THE PRODUCTS' SUIT ABILITY, DESIGN,
CONDITION, DURABILITY, OPERATION, QUALITY OF MATERIALS OR
WORKMANSHIP, OR COMPLIANCE WITH SPECIFIC A TIONS OR
APPLICABLE LAW Xerox assigns to you, to the extent assignable, any warranty
Xerox Form# 51860t&c (05/2005)
rights it has to these products (which rights shall revert to Xerox if you breach this
Agreement). You agree (I) that these products are not covered by Xerox's
obligation to provide Basic Services; (2) to maintain a service agreement for these
products with a service provider acceptable to Xerox throughout this Agreement's
term; (3) to pay all personal property taxes related to these products; and (4) to
assign to Xerox any rights you have to these products until title passes from Xerox
to you (which, subject to any software licenses surrounding the acquisition of these
products, shall occur when you obtain title to all Xerox-brand Equipment covered
by this Agreement).
28. FINANCED SOFTWARE TOTAL. If this option has been selected, the initial
license fees for any Application Software set forth in this Agreement shall be paid
for through your Minimum Lease Payments. If you breach this license or any of
your obligations regarding the Equipment, the full amount of the initial license fees
shall be immediately due and payable.
29. FINANCED SUPPLIES TOTAL. If this option has been selected, the cost of
any supplies you have purchased under this Agreement shall be paid for through
your Minimum Lease Payments. If you breach any of your obligations regarding the
Equipment the full amount of the supply costs shall become immediately due and
payable.
30. REFINANCE OF PRIOR AGREEMENT. If this option has been selected, the
balance of your prior indicated agreement with Xerox or a third party shall be paid
for through your Minimum Lease Payments. If your prior agreement is with a third
party, you hereby acknowledge that you have the right to terminate the agreement
and agree to provide a statement from the third-party identifYing the equipment at
issue and the amount to be paid off (as well as a statement from you identifYing the
payee and mailing address for your payoff check). If your prior agreement was
with Xerox, the use of this refinance option shall render your prior agreement null
and void. If you breach this Agreement, the full amount of your prior agreement
balance shall be immediately due and payable.
3 I. ADJUSTMENT PERIOD. If this option has been selected, your Minimum
Lease Payment and/or Print Charges shall be adjusted in accordance with the
information contained in the Adjustment Period portion of this Agreement; as a
result, your initial payment(s) shall be different from those payable during the
balance of this Agreement
32. K-I6 BILLING SUSPENSION. If this option has been selected, the
Maintenance Component of your Minimum Lease Payment and Print Charges will
be suspended each year during the months indicated. During these months, you
agree that you will not use the Equipment and that Xerox shall not be responsible
for providing Basic Services on it If Xerox provides Basic Services during the K-
16 Billing Suspension period, you will be billed at Xerox's then-current Time and
Materials ('T &M") rates for such Basic Services.
33. TRADE-IN EQUIPMENT. If this option has been selected, you are providing
equipment to Xerox as part of this Agreement ('Trade-In Equipment") and the
following shall apply:
A TITLE TRANSFER. You warrant that you have the right to transfer title to the
Trade-In Equipment and that it has been installed and performing its intended
function. Title and risk ofloss to the Trade-In Equipment shall pass to Xerox when
Xerox removes it from your premises.
B. CONDITION. You warrant that the Trade-In Equipment IS in good working
order, has not been modified from its original configuration (other than by Xerox),
and has a UL label attached. You agree to maintain the Trade-In Equipment at its
present site and in substantially its present condition until removed by Xerox.
C ACCRUED CHARGES. You agree to pay all accrued charges for the Trade-In
Equipment (up to and including payment of the Final Principal Payment Number)
and to pay all maintenance, administrative, supply and finance charges for this
equipment through the date title passes to Xerox.
34. RUN LENGTH PLAN. If this option has been selected, the first ten prints of
each original (per run) are recorded and billed on both meters with all subsequent
prints recorded and billed on Meter A only.
35. FIXED PRICE PLAN. If this option has been selected, Xerox will forego its
right to increase the Maintenance Component throughout the initial term of this
Agreement
36 PER-FOOT PRICING. If this option has been selected, all Print Charges will
be billed on a per-foot basis, with each linear or square foot, as applicable, equal to
one print
37. EXTENDED SERVICE HOURS. If this option has been selected, Xerox will
provide Basic Services during the hours indicated, with the first number
establishing the number of eight-hour shifts covered and the second establishing the
days of the week (e.g., 2 x 6 would provide service from 8:00 AM. to I I :59 P.M.,
Monday through Saturday). The cost of this enhanced service coverage will be
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billed separately and, as such, is not included in your Minimum Lease Payment or
Print Charges.
38. ATTACHED ADDENDA. If this option has been selected, you acknowledge
that one or more specified addenda (as indicated) have been provided to you. These
addenda, which provide additional terms relevant to the transactions covered
hereunder, are hereby fully integrated into this Agreement.
39. NEGOTIATED CONTRACT. If this option has been selected, the Products
identified in this Agreement are subject solely to the terms contained in (a) either
(1) the identified Negotiated Contract for a lease transaction or (2) if there are no
such terms in the Negotiated Contract, the terms set forth in this Agreement, and, if
applicable and notwithstanding anything to the contrary set forth in the Negotiated
Contract, (b) the "Additional Terms" portion of this Agreement for the selected
option or options to the extent the subject matter of any such selected option is not
addressed in the Negotiated Contract.
40. DSA CONTRACT NUMBER. If a DSA Contract Number has been inserted,
the Equipment and/or software identified in this Agreement are associated with the
Services being provided under the referenced Document Services Agreement
("DSA"), but such Equipment and/or software are subject solely to the terms
contained in this Agreement.
For customer support tools to manage your account online,
visit your Account Management link @ www.xerox.com
Xerox Form# 51860t&c (05/2005)
1/24/2007
Page 7 of 8
...
XEROX
Pref1Jier
ltt/I{()/'/7I'd
Sit II's Ipl'1l /
("'I r (.(.. rl .
JUpsflCJf -.JTI1Gs :JjS[SrrlS
1120 East Main Street Medford, OR 97504
541-779-1251 Fax 541-779-1252 lee@xerox4u.net
Serving Southern Oregon for over 35 Years.
January 24, 2007
To Whom It May Concern:
Superior Office Systems, an authorized sales agency for the Xerox Corporation,
acknowledges that the order agreement for the City of Ashland, Public Works
Department (Worksheet 066241), is under review by the Ashland City Council.
Pending the decision by the City Council, the order agreement can be cancelled at
anytime prior to March 15, 2007 at 12:00 PM.
Signed,
/~y~
Ted Darnall
President, Superior Office Systems
THE'~:6:tl:ttJM~T COMPANY
XEROX
CITY OF
ASHLAND
Council Communication
Council Liaisons 2007
Meeting Date: . February 6, 2006
Department: Administration
Contributing Departments: none
Approval: Martha Be e
Statement:
Attached are the new Council liaison appointments to City boards and commissions, effective
immediately.
Primary Staff Contact: John Morrison, Mayor
E-mail: morrisoj@ashland.or.us
Secondary Staff Contact: Martha Bennett
Estimated Time: Consent
Background:
Each year the Council liaisons to the City boards and commissions are selected by the Mayor, and
approved by the Council. The appointments will be effective immediately.
Related City Policies:
N/A
Council Options:
N/A
Staff Recommendation:
Approval of Liaisons as listed.
Potential Motions:
None.
Attachments:
List of 2007 Council Appointments
r.t. ,
2007 Council Liaison Appointments
Airport Hospital Board
Current: Russ Silbiger Current: John Morrison
2007: Russ Sulbiger 2007: John Morrison
Audit Committee Housing
Current: John Morrison Current: Cate Hartzell
2007: John Morrison 2007: Alice Hardesty
Band Board Parks & Recreation
Current: Alice Hardesty Current: Eric Navickas
2007: Alice Hardesty 2007:Eric Navickas
Bike & Pedestrian Planning
Current: David Chapman Current: Kate Jackson
2007: David Chapman 2007: Cate Hartzell
Conservation Public Art
Current: Eric Navickas Current: Eric Navickas
2007: David Chapman 2007: Alice Hardesty
Forest Lands Traffic Safety
Current: Cate Hartzell Current: Alice Hardesty
2007: Eric Navickas 2007: Russ Silbiger
Historic Tree
Current: Alice Hardesty Current: David Chapman
2007: Eric Navickas 2007: Kate Jackson
RVCOG RVMPO
Current: Russ Silbiger Current: John Morrison
2007: Russ Silbiger 2007: John Morrison
RVACT SOREDI
Current: John Morrison Current: Kate Jackson
2007: John Morrison 2007: Kate Jackson
Chamber of Commerce County Taskforce on Homelessness
Current: John Morrison Current: Cate Hartzell
2007: Cate Hartzell 2007: Cate Hartzell.
Woodlands and Trails Association Bear Creek Greenway
Current: David Chapman Current: David Chapman
2007: David Chapman 2007: David Chapman
Regional Problem Solving (RPS)
Current: Kate Jackson
2007: Kate Jackson
2007 Council Liaison Appointments
&>>t~ 2/t;/o 1
Airport Hospital Board
Current: Russ Silbiger Current: John Morrison
2007: Russ Sulbiger 2007: John Morrison
Audit Committee Housing
Current: John Morrison Current: Cate Hartzell
2007: John Morrison 2007: Alice Hardesty
Band Board Parks & Recreation
Current: Alice Hardesty Current: Eric Navickas
2007: Alice Hardesty 2007:Eric Navickas
Bike & Pedestrian Planning
Current: David Chapman Current: Kate Jackson
2007: David Chapman 2007: Cate Hartzell
Conservation Public Art
Current: Eric Navickas Current: Eric Navickas
2007: David Chapman 2007: Alice Hardesty
Forest Lands Traffic Safety
Current: Cate Hartzell Current: Alice Hardesty
2007: Eric Navickas 2007: Kate Jackson
Historic Tree
Current: Alice Hardesty Current: David Chapman
2007: Eric Navickas 2007: Russ Silbiger
RVCOG RVMPO
Current: Russ Silbiger Current: John Morrison
2007: Russ Silbiger 2007: John Morrison
RVACT SOREDI
Current: John Morrison Current: Kate Jackson
2007: Cate Hartzell 2007: Kate Jackson
Chamber of Commerce County Taskforce on Homelessness
Current: John Morrison Current: Cate Hartzell
2007: John Morrison 2007: Cate Hartzell.
Woodlands and Trails Association Bear Creek Greenway
Current: David Chapman Current: David Chapman
2007: David Chapman 2007: David Chapman
Regional Problem Solving (RPS)
Current: Kate Jackson
2007: Kate Jackson
CITY OF
ASHLAND
Council Communication
Appointment of Judge Pro Tern
Meeting Date: February 6, 2007
Department: Administration
Contributing Departments: Q
Approval: Martha Benne
Primary Staff Contact: Martha Bennett
E-mail: bennettm@ashland.or.us
Secondary Staff Contact: Judge Pamela B. Turner
Estimated Time: Consent
Statement:
A request came from Ashland Municipal Judge Pamela B. Turner asking for Judge Allen Drescher to
be appointed as an Ashland Municipal Judge Pro Tern. Under AMC, Section 2.28.200 the mayor, with
confirmation by the council, may appoint a Judge Pro Tern.
Staff Recommendation:
Approve appointment of Judge Allen Drescher as Ashland Municipal Judge Pro Tern.
Background:
The City of Ashland Municipal Court typically has two Judge Pro Terns to call upon. Barbara Jarvis
has served since 1990 and is able to continue. The election of Pamela B. Turner to Municipal Court
Judge created a vacancy.
Related City Policies:
AMC ~ 2.28.200
Council Options:
Approve appointment of Judge Allen Drescher as Judge Pro Tern.
Decline approval of appointment of Judge Allen Drescher as Judge Pro Tern.
Potential Motions:
None.
Attachments:
Request Letter from Judge Turner
Copy of AMC ~ 2.28.200
rj.'
CITY OF
ASHLAND
~~J~~N ~~ ~u7W
January 23, 2007
By
Dear Mayor Morrison,
Pursuant to Ashland Municipal Code, Section 2.28.200 (attached), I would like to recommend that
former Ashland Municipal Judge Allen Drescher be appointed by you, with confirmation by the City
Council, as an Ashland Municipal Judge Pro Tern.
The Court has traditionally had two Pro Terns to call on. Barbara Jarvis has served since 1990 and is
able to continue. My election has created a vacancy and I am pleased to report Allen Drescher is willing
to serve subject to your approval and that of the Council.
Very Truly Yours,
~g~
Pamela B. Turner
Ashland Municipal Judge
Ashland.Municipal Court
1175 East Main Street
Ashland, Oregon 97520
www.ashland.or.us
phone: 541-482.5214
Fax: 541-488-5586
nv: 800-735-2900
r~'
Section 2.28.200 Municipal Judge--Pro tempore.
The Mayor, with confirmation by the City Council, shall appoint a Municipal Judge Pro tempore, who
shall serve as Municipal Judge in the absence from the City of the elected Municipal Judge, or due to the
inability of said elected Judge to serve. The Municipal Judge shall have a right to submit
recommendations as to the appointment or dismissal of the Municipal Judge Pro tempore, however, this
shall not limit the Mayor's power to appoint or dismiss. The Municipal Judge Pro tempore shall be
employed at the expense of the City upon such terms as are prescribed by the Councilor City
Administrator. (Ord. 1399 S19, 1965; Ord. 2266 S5, 1983; Ord. 2268, 1983)
Page 1 of 1
CITY OF
ASHLAND
Council Communication
Approval of a Common Boundary Line
Meeting Date: February 6, 2007
Department: Public Works/En 'neering
Contributing Departments:
Approval: Martha Benne
Primary Staff Contact: Paula Brown, 488-5587
E-mail: brownp@ashland.or.us
Secondary Staff Contact: Jim Olson, 488-534
E-mail: olsonj@ashland.or.us
Estimated Time: Consent Agenda
Statement:
Approval of the attached Boundary Line Agreement would legally adopt a common boundary line
between properties owned by the City at the Service Center at 90 North Mountain Avenue and by
Stephen & Melanie, LLC at 66 North Mountain Avenue.
Staff Recommendation:
Staff recommends approval of the Boundary Line Agreement. This agreement would legalize a portion
of the boundary that was established by Survey No. 8660 which was filed in 1980. This boundary line
was accepted by property owners at that time, but was never codified by a formal legal document.
The boundary line established in 1980 is the boundary to which all owners and the City have relied
upon for the construction of boundary fences and other improvements.
Background:
Prior to the construction of the City Service Center complex located at 90 N. Mountain Avenue, the
Engineering Department conducted a boundary survey to determine and monument to limits of this
city-owned property. A 411 foot long portion of the westerly boundary abuts the easterly boundary line
of five privately owned parcels. During the course of the survey, the owner of the most southerly of
these five lots contested the placement of the boundary stating that the most southerly corner of this
line should be located two feet further to the east. Rather than continue to debate the true location of
the property corner, the City agreed to shift the line to the east, a move that was supported by the
remaining four lot owners. The survey was completed and filed with the boundary line being labeled
as a proposed boundary agreement line, however, the agreement was never formalized. Stephen
Wolf and Melanie Smith have acquired one of the lots abutting this boundary line and are creating the
North Mountain Avenue Condominiums. To complete the plat of the condominium it will be necessary
to legalize this common boundary by processing a boundary line agreement.
Related City Policies:
The Legal Department has determined that the most efficient and least costly method of resolving a
disputed boundary line is through the use of a boundary line agreement where each party agrees
upon a commonly described boundary and releases any interest that each party might have on the
neighboring property.
G:\pub-wrks\eng\dept-admin\SURVEYOR\39 IE IOBC 5100 City and Stephen & Melanie BLA CC I 07.doc
rA'
Council Options:
Council may approve this attached boundary line agreement and authorize the mayor and recorder to
sign the agreement, or;
Council may postpone approval of the agreement pending receipt of further information to be provided
by staff.
Potential Motions:
Council may move to approve the boundary line agreement, or;
Council may move to postpone approval of the agreement.
Attachments:
Photos
Boundary Line Agreement
Vicinity Map
Detail Map
G:\pub-wrks\eng\dept-admin\SURVEYOR\39 IE 10BC 5100 City and Stephen & Melanie BLA CC 107.doc
r~'
n" I
~~
G:\pub-wrks\eng\dept-admin\SURVEYOR\39 IE 10BC 5100 City and Stephen & Melanie BLA CC I 07.doc
r.,
II I
Document Type:
Parties:
Consideration:
Boundary Line Agreement
City of AsWand
Stephen & Melanie, LLC
Barbara Christensen
City Recorder
City of AsWand
20 East Main Street
AsWand OR 97520
None
Return Documents:
BOUNDARY LINE AGREEMENT
THIS AGREEMENT made and entered into this day of
, 2007 between THE CITY OF ASHLAND, a municipal corporation of
the State of Oregon, hereinafter called "City," and STEPHEN & MELANIE, LLC, an
Oregon Limited Liability Company, hereinafter called "Stephen & Melanie, LLC."
RECITALS:
A. City and Stephen & Melanie LLC each own an interest in certain real property in
the Northwest Quarter of Section 10, Township 39 South, Range 1 East of the
Willamette Meridian, City of Ashland, Jackson County, Oregon and;
B. The City is the owner of the real property situated on the easterly side of the
hereinafter described line and being further referenced as tax lot number 39 1 E 10
BC - 5302 and;
C. Stephen & Melanie LLC is the owner of the real property situated on the westerly
side ofthe hereinafter described line and being further referenced as tax lot 39 1 E
lOBC - 5100 and;
D. The common boundary between the City property and the Stephen & Melanie
LLC property has been subject to questions as to its exact location and City and
Stephen & Melanie LLC desire to fix and establish a common boundary and;
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
1. City and Stephen & Melanie LLC hereby agree that the legal description of the
common boundary line between their respective properties is as follows:
Commencing at the Southwest corner of Donation Land Claim No. 43,
Township 39 South, Range 1 East, Willamette Meridian, Jackson
County, Oregon; thence North 610 10' 17" East 788.38 feet to the
Northwest corner of Parcel One described in Document No. 2005-
027148, Official Records of Jackson County, Oregon; thence along the
North line thereof, South 89058' 53" East, 135.84 feet to that certain
Proposed Boundary Line Agreement as shown on Survey No. 8660 as
filed with the Jackson County Surveyor also being the True Point of
Beginning; thence along said proposed Agreement Line South 000 04'
30" East, 133.96 feet to the terminus of this Agreement Line.
2. Stephen & Melanie, LLC hereby conveys to City all of its right, title and interest
in the real property lying adjacent to and easterly of the above described boundary
line.
3. City hereby conveys to Stephen & Melanie, LLC all of its rights, title and interest
which it has in the real property lying adjacent to and westerly of the above
described boundary line.
4. The true consideration for the conveyances herein contained is other value given,
receipt of which is hereby acknowledged.
5. The parties agree that this agreement shall be executed and acknowledged by
them and placed of record in the Official Records ofJackson County, Oregon.
G:\pub-wrks\eng\dept-admin\SURVEYORI39 IE lOBe 5100 City and Stephen & Melanie BLA 1 07.doc
Page 1 of2
CITY OF ASHLAND
By:
John Morrison, Mayor
ATTEST:
By:
Barbara Christensen, City Recorder
STEPHEN & MELANIE, LLC
By:
Stephen H. Wolf
By:
Melanie H. Smith
STATE OF OREGON
County of Jackson
On this day of , 2007 personally appeared the above
named John Morrison as Mayor of the City of Ashland and the above named Barbara
Christensen as City Recorder of the City of AsWand and acknowledged that the
foregoing instrument was voluntarily signed on behalf of said city by authority of its
City Council.
Notary Public for Oregon
My commission expires:
STATE OF OREGON
County of Jackson
On this day of , 2007 personally appeared the above
named Stephen H. Wolf and the above named Melanie H. Smith as members of the
Stephen & Melanie, LLC and acknowledged that the foregoing instrument was
voluntarily signed on behalf of said company.
Notary Public for Oregon
My commission expires:
G:lpub-wrkslengldc1't-adminISURVEYORIJ9 IE 10BC 5100 City and Stephen & Melanie BLA I 07.doc
Page 2 of2
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CITY OF
ASHLAND
Council Communication
Termination of an Easement at 829 North Main Street
Meeting Date: February 6, 2007
Department: Public Works/Engineering
Contributing Depa511lrtments: ~.vmunity Development
Approval: Martha Benn
I
Primary Staff Contact: Paula Brown, 488-55af\ .,/
E-mail: brownp@ashland.or.us r
Secondary Staff Contact: Jim Olson, 488-5347
E-mail: olsonj@ashland.or.us
Estimated Time: Consent Agenda
Statement:
Approval of the attached quitclaim deed to terminate a 12 foot wide section of a public utility
easement located within the proposed Ashland View Townhouses, Planned Unit Development
(Map 39 1 E 05AC - 305).
Staff Recommendation:
Staff recommends approval of the quitclaim deed to terminate the public utility easement thereby
clearing the present encroachment of buildings and improvements onto the easement. A new
easement has been acquired to the north of this easement which more closely aligns with the
present access ways and utility corridors.
Background: .
In 1989 a land partition plat was approved dividing the large parcel of land at 829 North Main Street
into three separate parcels. The partition provided two lots (Parcels 2 and 3) for development as
single family residences while the third (Parcel 1 ) was developed as an apartment complex. The
partition plat also created several easements including a 37 foot wide private access and public
utility easement. This easement was irregular in shape and was constrained on the north side by an
existing residence.
The apartment complex (on Parcel 1 ) has recently been approved by the Planning Commission for
development as a subdivision under the performance standards option. Approval for this action was
granted under Planning Action No. 2006-00454. During the course of the platting process, the
surveyor discovered that two units of the apartment complex had encroached into the public utility
easement by as much as six feet.
This action will eliminate this encroachment by terminating the southerly 12 feet of easement as
shown on the attached easement sketch as the cross-hatched section. A new easement has
already been acquired on the north side so that a full 25 foot wide easement is maintained free of
encroachments and unencumbered by other obstacles. The newly aligned easement more closely
fits with existing improvements, buildings and utility locations.
Related City Policies:
The Legal Department has determined that the most efficient method of terminating public
easements is to release the City's (Public's) interest in the easement to the underlying property
G:\pub-wrks\engldept-admin\ENGINEERIEASEMENT\39 IE 05AC 305 CC Tennination of Easement 829 N Main I 07.doc
~~,
owner through the use of a quitclaim deed. The Council is empowered to approve and authorize the
signature of all land transaction documents including this type of deed.
Council Options:
Council may move to approve the quitclaim deed terminating the 12 foot wide public utility easement
within the proposed Ashland View Townhouses PUD, or
Council may move to delay a decision to terminate the easement pending additional information to
be provided by staff.
Potential Motions:
Council may move to approve or delay the request to terminate the easement
Attachments:
Photographs
Quitclaim Deed
Detail Map
Vicinity Map
G:lpub-wrkslengldcpt-adminIENGINEERIEASEMENT'J9 IE 05AC 305 CC Termination of Easement 829 N Main I 07.doc
~~,
" I
G:\pub-wrks\eng\dept-admin\SUBDIVISIGreat Oaks deeds of dedication Council Communicaton 12 06.doc
r~'
Recording Requested By:
City of Ashland, Oregon
Engineering Dept
20 E. Main Street
Ashland, OR 97520
When Recorded Mail To:
Jennifer Bridges, Attorney
Davis, Hearn, Saladoff, Bridges & Visser, P.C.
515 E. Main Street
Ashland, OR 97520
(This Space for Recorder's Use)
QUITCLAIM DEED
THE CITY OF ASHLAND, OREGON, hereby releases and quitclaims unto JERRY E. TONEY and
DEBRA A. TONEY, all the said City's right, title, and interest in and to that certain portion of the existing
variable width Public Utility Easement recorded in Volume 10, Page 10 of Minor Land Partitions, which
portion is identified on the legal description and map attached hereto as Exhibit A, located in the City of
Ashland, Jackson County, Oregon.
This Quitclaim Deed is being accomplished in order to amend the previous Public Utility Easement,
having been incorrectly located, and so there is no consideration for this vacation.
CITY OF ASHLAND, OREGON MAYOR:
Dated
JOHN MORRISON
CITY OF ASHLAND, OREGON RECORDER:
Dated
BARBARA CHRISTENSEN
State of Oregon
County of Jackson
On __~~_~___________ _,20_, before me, the undersigned Notary Public, personally appeared the above named
JOHN MORRISON, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name
is subscribed to this Vacation of Easement, and acknowledged that he executed the same in his authorized capacity, and that by his
signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. Idee lare
under penalty of perjury that the person whose name is subscribed to this instrument appears to be of sound mind and under no
duress, fraud, or undue influence.
WITNESS my hand and official seal
Notary Public in and for this state
State of Oregon
County of Jackson
On __________,20_, before me, the undersigned Notary Public, personally appeared the above named
BARBARA CHRISTENSEN, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person
whose name is subscribed to this Vacation of Easement, and acknowledged that she executed the same in her authorized capacity,
and that by her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the
instrument. I declare under penalty of perjury that the person whose name is subscribed to this instrument appears to be of sound
mind and under no duress, fraud, or undue influence.
WITNESS my hand and official seal
Notary Public in and for this state
EXIllBIT "A"
LEGAL DESCRIPTION
PUBLIC UTILITY EASEMENT VACATION
ASSESSORS MAP NO. 391E05AC, Tax Lot 305
A portion of a variable width public utility easement to be vacated over and across Parcel
1 of that Minor Land Partition as recorded in Volume 10 at Page 10, of the Minor Land
Partitions of Jackson County, Oregon, lying situate within Lot 4 and a Portion of Lot 12
of the W.C. Meyer Addition to the City of Ashland, Oregon in the Northeast Quarter of
Section 5, Township 39 South, Range 1 East of the Willamette Meridian, Jackson
County, Oregon, more particularly described and bounded as follows, to wit;
BEGINNING AT a 5/8 inch iron pin monumenting the southeast comer of the exterior
boundary of Partition Plat No. P-16-1992 of the Plat Records of Jackson County Oregon,
lying situate in Lot 4 of the W.C. Meyer Addition to the City of Ashland in the Northeast
Quarter of Section 5, Township 39 South, Range 1 East of the Willamette Meridian,
Jackson County, Oregon, said pin also being on the west line of Parcel I of that Minor
Land Partition as recorded in Volume 10 at Page 10, of the Minor Land Partitions of said
County and State; thence South 89057'30" East, a distance of 159.83 feet, to a 5/8 inch
iron pin monumenting the inside ell comer on the easterly side of said Parcell; thence
South 3050'22" East (plat record South 3052'36" East), along the east line of said Parcel
1, a distance of 12.02 feet; thence North 89057'29" West, leaving said east line, a
distance of 159.82 feet, to a point on the west line of said Parcell; thence North
3051'36" West, (plat record North 3052'36" West), along said west line, a distance of
12.02 feet, the POINT OF BEGINNING.
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CITY OF
ASHLAND
Council Communication
Acceptance of a Public Utility Easement at 150 Lithia Way
Meeting Date: February 6, 2007
Department: Public Works / Engineering
Contributing Departments: L
Approval: Martha Bennett
Primary Staff Contact: Paula Broln, 488-5587
E-mail: brownp@ashland,oLus ~
Secondary Staff Contact: Jim 01 n,488-5347
E-mail: olsonj@ashland.oLus
Estimated Time: Consent Agenda
Statement:
Approval of the attached easement would establish an acceptance by the City of the creation of a
public utility easement at 150 Lithia Way.
Background:
The former Harrison's Auto Parts property has been divided into two parcels separated by Will Dodge
Way. The northerly parcel, which was the parking lot for Harrison's has been purchased by Robert
Kendrick and is currently being developed as a mixed use building with a residence on the upper floor
and retail on the ground floor. The address of the property is 150 Lithia Way (39 1 E 09BA, tax lot
11,000) and is located just north of the City parking lot on the south westerly side of Lithia Way.
As a condition of the planning approvals for the development, the owner was required to grant a 5 foot
wide public utility easement along the northerly boundary of the property to accommodate an existing
storm drain pipe. The easement was drafted by the City legal staff allowing the building to be
constructed over the easement. This particular condition required that the storm drain be installed in a
sleeve which would make future pipe replacement and repair possible. The easement has been
signed by Mr. Kendrick and now needs the City's acceptance so that it can be recorded.
Related City Policies:
ORS Section 93-810 requires that any instrument conveying title or interest to a county or city shall
carry an indication of approval of the conveyance by the county or city. This provision eliminates the
possibility of persons granting property and rights of way to the city without the city's knowledge.
Council Options:
Council may move to accept the attached easement and authorize the mayor to sign the statement of
acceptance; or
Council may postpone the decision to approve the easement pending additional information to be
provided by staff.
Staff Recommendation:
Staff recommends approval of the public utility easement. This is an easement that was required by
the City and is needed to protect the existing City storm drain system in Will Dodge Way.
G:\pub-wrks\eng\dept-admin\ENGINEER\EASEMEN1\39 IE 09BA 11000 PUE Council Communicaton I 07.doc
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Potential Motions:
Council moves to accept the public utility easement at 150 Lithia Way; or
Move to postpone a decision pending further information to be provided by staff.
Attachments:
Photographs
Easement
Vicinity Map
Detail Map
G:\pub-wrks\eng\dept-admin\ENGINEER\EASEMENl\39 IE 09BA 11000 rUE Council Communicaton I 07.doc
r~'
G:\pub-wrks\eng\dept-admin\ENGINEER\EASEMENT\39 IE 09BA 11000 PUE Council Communicaton I 07.doc
r.l'
Grantors:
145 Main Street LLC,
An Oregon Limited Liability Company
City of Ashland, Oregon
Barbara Christensen, City Recorder
20 East Main, Ashland, OR 97520
$1.00
Not applicable
Grantee:
Document to be Returned to:
True and Actual Consideration:
Send Tax Statements to:
PERMANENT UTILITIES EASEMENT FOR CITY OF ASHLAND
1. Grant of easement. The above named Grantor grants to the CITY OF ASHLAND, Oregon, "Grantee,"
a perpetual non-exclusive easement in gross to construct, reconstruct, install, use, operate, inspect, repair,
maintain, remove and replace public utility facilities including but not limited to, lines for electricity,
sewer, water, storm water, gas and telecommunications on real property described below and further
referred to in this easement agreement as the "easement area."
The easement area is located in Jackson County, Oregon, and is described as follows:
A strip ofland 5.00 feet in width located along and contiguous to the Westerly boundary
line of Parcel No.2 of Partition Plat No. P-50-2006, filed for record on June 1,2006 at
Index Volume 17, Page 50 of the Records of Partition Plats in Jackson County, Oregon.
2. Use of surface. Grantors shall have the right to use the easement area for all purposes not inconsistent
with the uses and purposes of the property, provided that Grantors shall not build or place any structure
upon the easement area except with consent of the Grantee as specifically provided for herein.
Specifically, Grantee consents to building construction over and upon the easement area provided Grantor
installs (or pays for the complete installation of) an approved sleeve or conduit to fully encase and protect
the public utility line and provided said encasement meets all the technical requirements and
specifications agreed to in writing by the Ashland Building Official and Ashland Public Works Director,
as more particularly set forth in the Official Records of the Ashland Community Development
Department for Planning Action No. 2005-01704.
3. Access to Easement Area. Grantee, its agents, independent contractors and invitees shall have the right
of ingress and egress to the easement area for the purposes connected with this easement. Given the
construction requirements of paragraph 1, access for maintenance is contemplated to be from Lithia Way
or Will Dodge Way.
4. Notice. Grantee, its agents, independent contractors and invitees shall, upon every occasion that such
public utility facilities are constructed, maintained, replaced, reconstructed, or removed, provide Grantors
reasonable notice, and restore the premises of the Grantors, and any buildings or improvements disturbed
by Grantee, as near as practicable.
5. Termination. All rights hereunder shall cease if and when the easement area ceases to be used for
public utility purposes.
G:\pub-wrks\eng\dept-admin\ENGINEER\EASEMENT\145 E Main Kendrick PUE 11 o6.doc
..
6. Prior Encumbrances. This easement is granted subject to all prior easements or encumbrances of
record.
GRANTOR:
STATE OF OREGON )
) ss.
County of Jackson )
The foregoing instrument was acknowledged before me this Ie; ft1 day of LJiI'l LeItZ PI)
by Robert J. Kendrick, Member: 145 Main Street LLC.
,.;,.,,~
, :'-,!i\L SEAL
\\l1!;J),'i;i'A BARNEY
"~urAH'j8L1C-OREGON
COi;,1MiSSiOf~ NO. 387602
MY COMMISSICH EX;";r<ES JAN. 09, 2009
'" _._~S:::~__J_~';'~~':;" ~
CTIY ACCEPTANCE (ORS 93.808):
CITY OF ASHLAND, GRANTEE
John Morrison, Mayor, City of Ashland
STATE OF OREGON
)
) ss.
)
,2006
County of Jackson
~
Notary tu?li~ for O~egon 11
My comrmSSlon expires: 'A.M
()
The foregoing instrument was acknowledged before me this _ day of
by John Morrison as Mayor of the City of Ashland.
Notary Public for Oregon
My commission expires:
G:\pub-wrks\eng\dept-admin\ENGlNEER\EASEMENT\145 E Main Kendrick PUE 11 o6.doc
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2006:
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REGISTERED
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LAND SURVEYOR
RENEWAL DATE: 6/30/2007
EASEMENT PLAT
Located at
150 Lithia Way
Ashland, Oregon
Lying Situate Within
NORTIlWEST QUARTER OF SECTION 9,
TOWNSHIP 39 SOUTH, RANOE 1 BAST, W.M
CITY OF ASHLAND, JACKSON COUNTY, OREGON
FOR
CITY OF ASHLAND
10 Bast Main Street
Ashland, Oregon
6'
5' WIDE UTILITY EASEMENT
PER PARTITION PLAT
NO. P-50-2006
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SURVEYED BY:
POLARIS LAND SURVEYING LLC
P,O. BOX 459
ASHLAND, OREGON 97520
(541) 482-5009
DATE: AUGUST 30, 2006
PROJECT NO. 179-04
(Q)
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CITY OF
ASHLAND
Council Communication
Internet Bandwidth Contract Approval
Meeting Date: February 6, 2007
Department: Information echnology
Contributing Departments: Legal
Approval: City Administr i Attomey
Statement:
Primary Staff Contact:
E-mail:
Secondary Staff Contact:
Estimated Time:
Joseph Franell
franellj@ashland.or.us
N/A
Consent
The City needs to approve a new contract for internet bandwidth. After a competitive RFP process, Staff
Recommends a contract with Hunter Communications to provide internet bandwidth.
Staff Recommendation:
Staff recommends that the public contract with Hunter Communications for internet bandwidth be approved.
Background:
The City is currently faced with two issues in relationship to internet bandwidth. First, bandwidth use is exceeding
availability. Second, we do not have full redundancy. The City currently contracts for 75 Mbits of internet
bandwidth. 30 Mbits of bandwidth comes from Hunter Communications and is transported over the existing AFN
owned fiber line from Ashland to Medford. An additional 45 Mbits is purchased from Qwest Communications and
is received over a Qwest owned DS31ocalloop connection. Our total bandwidth use is averaging 59.2 Mbits and
is peaking above our contracted rates at 193.9 Mbits. This means that we are generally using all available
bandwidth from both sources to meet demand on the system. If we were to have a failure on one of the current
bandwidth paths, we would only be able to provide about half of what is needed to service our customer base. On
December 15, 2006, in accordance with (lAW) Oregon Revised Statutes (ORS), the City of Ashland published
public notice of a request for proposal (RFP) entitled "Internet Bandwidth", requesting proposals from "individuals
or companies that are interested in providing Internet Bandwidth, monitoring the City's internet bandwidth needs,
and managing the network routing of the internet bandwidth for the City of Ashland." Proposals were due to the
City no later than 2:00 pm on Thursday, January 18, 2007. Three companies submitted proposals; Hunter
Communications, InfoStructure, and Qwest Communications. All three proposals were evaluated by an
evaluation committee made up of Joseph Franell - IT Director, Michael Ainsworth - AFN Operations Manager,
and Richard Holbo - Computer Services Manager, in accordance with the evaluation criteria detailed in the RFP
and the results are as follows:
r.,
Hunter In fo structure Qwest
Possible Evaluator Evaluator Evaluator Evaluator Evaluator Evaluator Evaluator Evaluator Evaluator
Criteria Sco re I 2 3 I 2 3 I 2 3
Qualifications
and
Experience 25 25 23 20 20 24 17 25 25 22
Fee
Arrangement 25 24 24 21 20 20 10 20 10 14
Contractural
Terms and
Conditions 10 10 10 9 10 7 8 9 10 9
References 15 10 10 10 8 8 8 0 0 0
Interview 25 N/A N/A N/A N/A N/A N/A N/A N/A N/A
Total Score 100 69 67 60 58 59 43 54 45 45
Average 65.33 53.33 48.00
Score
After reviewing the summary of scores and references, the evaluation committee members concurred that the
highest ranking proposal came from Hunter Communications. Each of the proposals the City received exhibited
strong qualifications and experience; however, the proposal submitted by Hunter Communications clearly
provided justification for the higher scores. The key points of Hunter Communications proposal are as follows:
1. No upfront costs for the City of Ashland resulting in lowest cost bandwidth
2. Billing based on usage not a flat fee.
3. Included bandwidth management.
4. Received strong recommendations from references
By approving this contract and with current bandwidth usage, the City will experience similar costs as we do today
while gaining full redundancy, bandwidth management, and provision for future growth in bandwidth demand.
Related City Policies:
AMC Chapter 2.50.060 (2) The Purchasing Agent is authorized to recommend that the Local Contract Review
Board approve or disapprove contract awards in excess of $75,000.
Council Options:
Local Contract Review Board can approve the public contract or decline to approve the public contract.
Potential Motions:
Local Contract Review Board moves to award the public contract.
Attachments:
Hunter Communications Contract
r~'
H U N T E R
t .
c 0 m m u n c a I 0 n s
Internet Service Agreement
Vo1.9.3.1 - QUO-01456-IH77D - V.2 - 1/31/07
1. SERVICES........................... ................................................................................ ............................. ........................ 3
1.1. DATA SERVICES 3
1.2. INSTALLATION SERVICES 3
2. TERMS............................. ............................................................................... .......... ........................ ........... ............ 3
3. CHARG ES ...... ........ ........................ ..................... .................. ........... ...................................... .............. .... ........... ...... 3
3.1. DATA SERVICES RATE
3.2. INSTALLATION SERVICES CHARGE
3.2.1. UNINTERRUPTIBLE POWER SUPPLY
3.3. LATE PAYMENT, DEPOSIT, ELECTRONIC BILUNG
3.4. TAXES, FEES, GOVERNMENT CHARGES
3
3
3
3
3
4. SERVICE LEVE LS .......... ........ ........................................................ .................................. ......................................... 3
5. HUNTER FACILmES AN D EQUIPM ENT ............... .................... ..................... ................................ ........... ......... ...... 3
5.1. REMOVAL 3
5.2. PROPER ENVIRONMENT 3
5.3. DAMAGE 3
6. RIGHTS AND OBLIGATIONS OF CUSTOMER .......................................................................................................... 3
6.1. INSTALLATION 3
6.2. PREMISES ACCESS 3
6.3. ACCEPTABLE USE POLICIES (AUP) 4
6.4. SYSTEM INTEGRITY 4
6.5. HUNTER EQUIPMENT MOVEMENT 4
1. TERMINATION..... ..... ........ ............. ............................................ ............. ....................................... ........... .............. 4
7.1. CESSATION OF SERVICE
7.2. CESSATION OF ACCESS
7.3. TERMINATION FEE
4
4
4
8. NO WARRANTIES ........... ...... .................... ........................................................ ...................................................... 4
9. EXCLUSION OF CERTAIN DAMAGES; LIMITATION OF LIABILITY AND REMEDY; EXCLUSIVE REMEDy............. 4
10. UNCONTROLLABLE CON DmONS.................... ............................ ..... ............ ......................................................... 5
11. SEVE RABILITY .... ............... ..... .......... ....... .................................................................................. ............................ 5
12. G E N ERAL PROVISIONS.................................................................. .............................................. ........... ............... 5
13. HUNTER COMMUNICATIONS ACCEPTABLE USE POLICY FOR HUNTER IP PRODUCTS AND SERVICES.............. 5
13.1 PROHIBITED USES OF HUNTER'S SYSTEMS, PRODUCTS AND SERVICES
13.2 TERMS OF SERVICE
5
5
H
u
N
T E R
c a t 0 n s
commun
Agreement between Hunter Communications (Hunter) and Customer named below for Hunter's
("Data Services'') on Hunter's telecommunications system through its fiber optic network (the
"network" or "system'').
Customer Name: City of Ashland (Ashland Fiber Network)
Key Billing Contact: Joseph Franell
Billing Address: City of Ashland, 20 E. Main St., Ashland, OR, 97520
Phone: 541.552.2314
Email Address: franellj@ashland.or.us
Premises Address (if different):
90 N. Mountain Avenue, Ashland, OR, 97520
Service Address (if different):
Branch Address (if different):
2
Hunter Initials
Customer Initials
Date
Date
1. Services. Customer shall purchase and Hunter Communications
(Hunter) shall provide to Customer:
1.1. Data Services. Data Services permit access by Customer to
Hunter's telecommunications system at the point of delivery located in the
Customer's premises described above. The point of delivery is that location
where the network and Customer's system are interconnected.
1.2. Installation Services. Installation services consist of
coordinating with Customer the necessary engineering, site survey, system
configuration and other services necessary to provide Customer Data
Services. These services shall be provided up to the date that the service
testing is completed based on Hunter's customary testing procedures and
the service is available to the Customer ("the service acceptance date").
In addition, Hunter will provide the equipment (collectively referred to as
"Hunter facilities") necessary to connect Customer's facilities to the network.
2. Terms. This agreement will be effective upon the date executed by
Hunter and shall continue for 12 months, unless sooner terminated as
provided in this agreement. This agreement shall be subject to semi-annual
pricing reviews, the first of which shall occur 6 months from the date
executed by Hunter. The subsequent pricing review shall coincide with
agreement expiration. Customer has the option at that time to renegotiate
agreement pricing and renew for an additional 12 month term. As part of
the semi-annual pricing review Hunter will provide to Customer all applicable
information necessary for review, including but not limited to:
. Hunter bandwidth costs
. Hunter support costs
3. Charges. Hunter agrees to provide to Customer two (redundant) local
loop connections-150 Mbit capacity per link-to the internet. The
redundant multimegabit local loop connections will be from local internet
point of presence (POP) to the Ashland Headend located at 90 N. Mountain
Avenue, Ashland, OR, 97520. Customer agrees to pay for these services on
a sliding fee scale based on monthly usage. This usage is to be calculated by
a 95th percentile equation. A detailed usage report will be included with the
monthly statement. Bandwidth usage is to be billed based on the rate chart
below (With a minimum usage of 50 megabits and maximum usage of 300
Mbps):
Total monthly usage based on
95th percentile calculation
(All rates in megabits)
Per Mb Rate
50 Mbps
51-75 Mbps
76-100 Mbps
101-150 Mbps
151-200 Mbps
201-250 Mbps
251-300 Mbps
$150.00
$125.00
$100.00
$90.00
$85.00
$80.00
$75.00
Initial
Date
3.1. Data Services Rate. From the service start-up date,
Customer shall pay the rate speCified above for each unit of bandwidth. If
the service does not begin on the first day of a billing cycle, then payments
for the first month shall be prorated on a daily basis. All accounts will be
invoiced on the first day of each month, and all sums shall be paid within 20
days after the date of the monthly billing for services (the "due date").
Hunter requests that these payments be made via Electronic Fund Transfer.
Please complete Addendum "B", Authorization for EFT.
3.2. Installation Services Charge. Customer shall pay the
installation charge specified below for the installation services provided by
Hunter which charges shall be due and payable upon onsite installation of
the fiber terminating hardware and therefore establishing the due date of
the installation charges and any prorated data services for the start-up
period.
Hardware and fiber installation: Applicable installation fees
have been waived.
3
3.2.1. Un interruptible Power Supply. Customer shall provide a
form of uninterruptible power for the fiber termination hardware and any
Hunter facilities or equipment at the Customers location. If the Customer
does not provide a uninterruptible power source, Hunter will provide one for
the price listed below.
APC Uninterruptible Power Supply: $200.00 (one needed
for each location)
3.3. Late Payment, Deposit, Electronic Billing. Payments
received after the due date may be subjected to a charge of 1 h% per
month on the unpaid balance at the discretion of Hunter. Hunter may
require Customer to pay a deposit in advance of the provision of any
service. Hunter shall hold any such deposit in a non-interest bearing
account and used to satisfy (in whole or in part) any obligation of Customer
under this agreement. All invoices will be sent via electronic mail. If
Customer requests paper invoicing, a $5.00 monthly processing fee will be
assessed to Customer's account.
3.4. Taxes, Fees, Government Charges. Customer agrees to
pay any applicable taxes, franchise fees or other governmental charges
imposed upon Hunter Communications by governing body with jurisdictional
authority over this service or for use of public right of ways and easements.
4. Service Levels. See Addendum "A" - Hunter Communications Service
Level Agreement R1.15
5. Hunter Facilities and Equipment. Any Hunter facilities and/or
equipment installed on Customer's premises shall be and remain the
property of Hunter and may be repaired or replaced at any time and
removed at the .termination of service, and may be used to supply other
customers of Hunter whether or not on the same premises. No rent or
other charge shall be made by Customer on Hunter for placing or
maintaining its facilities or equipment necessary to provide service under the
terms and conditions of this agreement, upon Customer's premises. Hunter
shall be entitled, at any time, to affix to Hunter facilities or equipment a
label indicating the interest of Hunter.
5.1. Removal. Customer will use reasonable efforts to ensure
that Hunter facilities and/or equipment are not removed or caused to be
removed by any person, other than Hunter or without Hunter's prior written
consent.
5.2. Proper Environment. Customer shall use reasonable efforts
to keep the location of Hunter's facilities and/or equipment in the proper
environment as specified by Hunter.
5.3. Damage. Customer agrees to exercise due care and caution
to protect Hunter's facilities and equipment from the weather, vandalism
and other potential problems. Customer shall be liable for any loss or
damage to Hunter's facilities and/or equipment at any location arising from
Customer's negligence, intentional act, unauthorized maintenance or other
cause within the reasonable control of Customer, its employees or agents.
In the event of any loss or damage to Hunter's facilities or equipment for
which Customer is liable, Customer shall reimburse Hunter for the lesser of
the reasonable cost of repair or the actual cost of replacement.
6. Rights and Obligations of Customer.
6.1. Installation. Customer shall at its expense undertake all
necessary preparations required to comply with Hunter's installation and
maintenance instructions. Such preparations include obtaining all necessary
consents for the installation and use of Hunter facilities and/or equipment in
the building, including consents for necessary alterations to buildings;
ensuring that any floor loading limits will not be exceeded; providing
suitable accommodations, foundations and an environment to meet the
environmental specifications for Hunter including all necessary trunking,
conduits and cable trays; providing suitable electric power and any other
utilities needed by Hunter to install, test and or maintain Hunter's facilities
and equipment; providing a suitable and safe working environment for
Hunter's personnel, including an environment safe from environmental
hazards; and taking up or removing, in time to allow Hunter to carry out
installation as scheduled, any fitted or fixed floor coverings, ceiling tiles,
suspended ceilings and partition covers.
6.2. Premises Access. Customer shall provide Hunter or other
persons authorized by Hunter with access (on both a routine and emergency
Hunter Initials
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basis) for the implementation of all service; Customer will provide Hunter
reasonable access to the Customer premises where any Hunter facilities or
equipment are installed. Hunter shall not be responsible for any faults on
the network or any failure to perform the provisions of this agreement to
the extent that Hunter, in good faith, requires access, and any such faults or
failures or the continuation thereof are a result of the failure of Customer to
provide access to the place at each location where Hunter facilities and/or
equipment are installed supporting the failing service or connection.
(a) During implementation, Hunter will normally carry out work required to
install and/or repair Hunter's facilities and equipment during its normal
working hours but may, on reasonable notice, require access at other times.
At Customer's request, Hunter will carry out work to install Hunter's facilities
and equipment outside Hunter's regular working hours, in which event
Customer agrees to pay overtime and any other appropriate charges agreed
between the parties.
(b) Any out-of-pocket costs, reasonably incurred by Hunter, as a
consequence of the denial of access by Customer (or building owner) to any
location shall be paid by Customer. Hunter shall advise Customer of any
such costs on a case-by-case basis.
6.3. Acceptable Use Policies (AUP). Hunter's Acceptable Use
Policy (AUP) is posted to our web site and is to be acknowledged and known
by the Customer at all reasonable times. Customer shall comply with
Hunter's acceptable use policies. The acceptable use policies are subject to
change at any time by Hunter acting in its sole discretion, and all such
changes shall be binding upon Customer upon written notice to Customer by
Hunter.
(a) Customer shall be responsible for the use and compatibility of equipment
or software not provided by Hunter. In the event that Customer uses
equipment or software not provided by Hunter which impairs Customer's
Data Services or the network, Customer shall nonetheless be liable for
payment for all service, including without limitation any software provided
by Hunter. Upon notice from Hunter that any equipment or software not
provided by Hunter is causing or is likely to cause an hazard, interference,
or service obstruction, Customer shall immediately eliminate the likelihood
or hazard, interference, or service obstruction and if Customer fails to do so,
Hunter may take such action as it deems required to eliminate such hazard,
interference or service obstruction.
(b) Customer will only connect to the network using industry standard
equipment, which complies and is compatible with the service specifications
set forth in applicable technical publications. Notwithstanding the
undertaking of Customer in the prior sentence, if, in Hunter's reasonable
opinion, the technical integrity of the network or the service being provided
over the network to Customer or any other third party is being jeopardized
or is likely to be jeopardized as a result of the connection of any Customer
premises equipment to the network by Customer or by any other activity for
which Customer is responsible, Hunter may suspend the provision of the
services to any connection so affected. Following remedial action by
Customer satisfactory Hunter, Hunter will reinstate the service provided
through that connection as soon as possible.
(c) Hunter reserves the right to allow or refuse to allow any make, model or
software revision of customer-provided equipment to be used as a gateway
to any network access. Customer will cooperate with Hunter in setting the
initial configuration for its equipment's interface with the network.
(d) Hunter may from time to time issue technical instructions on the use of
the network to ensure the proper functioning of the services or the
protection of the network from damage or deterioration. Customer will
observe technical instructions.
6.4. System Integrity. Customer to cure any violation (other
than failure to pay) of the provisions of this agreement within 30 days notice
by Hunter.
6.5. Hunter Equipment Movement. Customer is obligated to
obtain written approval from Hunter prior to moving any of Hunter's
equipment. Moving of equipment without authorization may cause damages
and/or an outage. A customer-caused outage, due to the moving of
equipment without written authorization, will be the sole responsibility of the
Customer. Costs for repairs performed by Hunter technicians as a result of
damages due to movement of Hunter equipment shall be borne by the
4
Customer. No deductions to billing will be made for Customer-caused
outages.
7. Termination Either party may terminate this agreement for cause,
provided written notice is given the other party specifying the cause for
termination and requesting correction within 10 days for failure to pay a
sum due, or within 30 days for any other cause, and such cause is not
corrected within the applicable period. Cause is any material breach of the
terms of this agreement, including the failure to pay any amount when due,
the filing of a petition in bankruptcy by or against Customer or Customer's
inability to meet obligations when due; or failure of Hunter. Hunter will
furnish copies of such policies upon request.
7.1. Cessation of Service. Hunter may deny Customer access to
the network and cease to provide all or part of any services described in this
agreement if Customer:
(a) violates any provision of applicable acceptable use policies;
(b) engages in any conduct or activity that Hunter, in its sole
discretion, reasonably believes causes a risk that Hunter may
be subjected to civil or criminal litigation, charges, or damages;
1. Hunter is required to provide 72 hour written
notice of termination for failure to rectify
violations of sections 7.1 part a and b.
or;
(c) has a technical issue beyond Hunters control that is
currently causing Hunter or Hunters customers to be denied
access or to lose services by Hunter's internet provider.
1. Hunter is not required to notify customer of
Violations of section 7.1 part c.
7.2. Cessation of Access. If Hunter ceases to provide or denies
Customer access to the network pursuant to this section, neither Customer
nor any of its customers shall have any right:
(a) to access through Hunter any materials stored on the
internet,
(b) to obtain any credits otherwise due to Customer, and such
credits shall be forfeited, or;
(c) to access third party services, merchandise or information
on the internet through Hunter. Hunter shall have no
responsibility to notify any third-party providers of services,
merchandise or information of any discontinuance of any
services pursuant to this section, nor any responsibility for any
consequences resulting from lack of such notification.
7.3. Termination Fee. If Hunter terminates this agreement for
cause, or if Customer terminates this agreement without cause, Customer
shall pay Hunter a termination fee equal to the lesser of:
(a) the remaining charges applicable through the end of the
scheduled term, or;
(b) two month charges.
8. No Warranties. To the extent permitted by applicable law, Hunter is
providing the services and the system (including but not limited to the
Hunter facilities and/or equipment and any access to the network). Hunter
agrees, to the extent feasible, that all equipment provided by Hunter shall
function to permit Customer access to the bandwidth purchased hereunder.
Except for the obligations assumed by Hunter under the terms and
conditions of this agreement, Hunter hereby disclaims all other warranties, if
any, either implied, statutory or otherwise, with respect to any of the system
and services provided or to be provided under this agreement, including but
not limited to warranties of merchantability, fitness for a particular purpose,
or lack of viruses.
Hunter makes no warranty:
(a) of title, quiet enjoyment or lack of infringement with respect
to the system or services;
(b) that the system or services are "year 2000" compliant.
9. Exclusion Of Certain Damages; Limitation Of Liability And
Remedy; Exclusive Remedy.
Hunter's total liability to Customer under this agreement and the
transactions contemplated herby, including without limitation any liability of
Hunter for any damages of any nature whatsoever, including without
limitation direct or actual damages, shall be limited to the direct damages
incurred by Customer in actual and reasonable reliance on the system or
Hunter Initials
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Date
services, which damages shall not, in the aggregate, exceed 100% of the
maximum amount Customer could pay for services for one year under the
terms and conditions of this agreement.
Except for the provision of credits to Customer's account as specifically
provided in Addendum "A," the rights and remedies granted to Customer
under this section 9 constitute Customer's sole and exclusive remedy against
Hunter, it's agents, officials and employees for any and all claims arising
under statutory or common law or otherwise.
There are no third party beneficiaries of this agreement. Customer agrees
that Hunter shall have no liability for the negligence, products, services or
websites of Customer; of affiliates; of developers or consultants identified of
referred to Customer by Hunter; or of any other third party, including but
not limited to liability for the content, quality and accuracy of the foregoing
which are accessible by use of the system or services of Hunter.
10. Uncontrollable Conditions. Neither party shall be deemed in
violation of this agreement if it is prevented from performing any of the
obligations under this agreement by reason of severe weather and storms;
earthquakes or other natural occurrences; strikes or other labor unrest;
power failures; nuclear or other civil or military emergencies; acts of
legislative; judicial; executive or administrative authorities; or any other
circumstances which are not within its reasonable control.
11. Severability. In the event that a court, governmental agency, or
regulatory body with proper jurisdiction determines that this agreement or a
provision of this agreement is unlawful, this agreement, or that provision of
the agreement to the extent it is unlawful, shall terminate. If a provision of
this agreement is terminated but the parties can legally, commercially and
practicably continue without the terminated provision, the remainder of this
agreement shall continue in effect.
12. General Provisions. Failure or delay by either party to exercise any
right or privilege under this agreement will not operate as a waiver of such
right or privilege. Customer may assign this agreement only with the
consent of Hunter. This agreement constitutes the entire understanding
between Customer and Hunter with respect to Service provided herein and
supersedes any prior agreements or understandings.
13. Hunter Communications Acceptable Use Policy for Hunter IP
Products and Services.
Hunter Communications Acceptable Use Policy (the "Policy") for Hunter IP
Products and Services is designed to help protect Hunter, Hunter's
customers and the Internet community in general from irresponsible or, in
some cases, illegal activities. The Policy is a non-exclusive list of the actions
prohibited by Hunter Communications. Hunter Communications reserves the
right to modify the Policy at any time.
13.1 Prohibited Uses of Hunter's Systems, Products and Services.
1. Transmission, distribution or storage of any material in violation
of any applicable law or regulation is prohibited. This includes,
without limitation, material protected by copyright, trademark,
trade secret or other intellectual property right used without
proper authorization, and material that is obscene, defamatory,
constitutes an illegal threat, or violates export control laws.
2. Sending unsolicited mail messages, including the sending of
"junk mail" or other advertising material to individuals who did
not specifically request such material (e.g., ..e-mail spam..).This
includes, but is not limited to, bulk mailing of commercial
advertising, informational announcements, and political tracts. It
also includes posting the same or similar message to one or
more newsgroups (excessive cross-posting or multiple-posting).
Hunter accounts or services may not be used to collect replies to
messages sent from another Internet Service Provider where
those messages violate this Policy or that of the other provider.
3. Unauthorized use, or forging, of mail header information (e.g.,
"spoofing").
4. Unauthorized attempts by a user to gain access to any account
or computer resource not belonging to that user (e.g.,
"cracking").
5. Obtaining or attempting to obtain service by any means or
device with intent to avoid payment.
6. Unauthorized access, alteration, destruction, or any attempt
thereof, of any information of any Hunter customers or end-
users by any means or device.
5
7. Knowingly engage in any activities that will cause a denial-of-
service (e.g., synchronized number sequence attacks) to any
Hunter customers or end-users whether on the Hunter network
or on another provider's network.
8. Using Hunter's Products and Services to interfere with the use of
the Hunter network by other customers or authorized users.
9. Any open wireless network is strictly prohibited. Any type of
unauthorized service sharing will be searched for and
immediately identified. Any Customer unwilling to bring down
any such network will be terminated
Each Hunter IP customer is responsible for the activities of its customer
base/representatives or end-users and, by accepting service from Hunter, is
agreeing to ensure that its customers/representatives or end-users abide by
this Policy. Complaints about customers/representatives or end-users of
Hunter IP Customer will be forwarded to the Hunter IP customer's
postmaster for action. If violations of the Hunter Communications
Acceptable Use Policy occur, Hunter IP customer's Products and Services
reserves the right to terminate services with or take action to stop the
offending customer from violating Hunter's AUP as Hunter deems
appropriate, without notice.
13.2 Terms of Service. To ensure that all Hunter Network users
experience reliable service, Hunter requires users to adhere to the following
terms and conditions. If you have any questions or concerns regarding
Hunter service, call the appropriate contact listed on your monthly billing
statement. Cable Modem customers need to contact their respective ISP
providers.
City of Ashland:
Name:
Title:
Signature:
Date:
Hunter Communications:
Richard Ryan, President
Signature:
Date:
Hunter Initials
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CITY OF
ASHLAND
Council Communication
Mid Year Financial Report: July - December 2006
Meeting Date: February 6, 2007
Department: Administrative Services
Contributing Departments: NA ~
Approval: Martha Bennett ')
Primary Staff Contact:
E-mail:
Secondary Staff Contact:
E-mail:
Estimated Time: Consent Agenda
Lee Tuneberg fYf'd-
tuneberl@ashland.or.us
Statement:
This is the mid year financial report for the City (including Parks & Recreation) providing the
financial position of the City relating to cash & investments, budgetary revenues and
expenditures. Council acceptance of this report is requested.
Staff Recommendation:
Staff recommends acceptance of this report as presented.
Background:
The Administrative Services Department submits reports to Council on a quarterly basis to
provide assurance of budget compliance and for informational and comparative purposes
throughout the year. Information can be provided in differing formats and timetables at
Council's request.
Unaudited, detailed balance sheets, revenues and expenditure reports are available for your
review in the Administrative Service Department office should you require any additional
information.
The reports are intended to present information in formats consistent with the department, fund
and business activity presentations included in the adopted FY 2006-07 budget document and the
manner in which it will be shown in the end of year report.
Financial numbers for the first and second quarter are the basis for preliminary estimates of the
current budget year and for the creation of the proposed budget for the following year. At this
time departments are reviewing operations and capital projects to remain within budget,
preparing for the construction season and projecting how changes will impact this and the
following budget.
Cash is $2.4 million compared to this point in the previous year. Several funds are significantly
above or below the prior year but the most notable change is in the Water Fund recording $2.5
million less cash, primarily due to projects. The City's investments reflect the drop in cash,
mostly in shifts away from investments outside the Local Government Investment Pool.
r;.,
CITY OF
ASHLAND
Revenues are at 52.0% of budget and slightly above FY 2005-2006. All expenditure categories
are slightly ahead of the prior year with Personal Services and Materials & Services below the
50% budget mark, city-wide, and Debt Service at 68.2% adhering to payment schedules. Capital
Outlay is 20.1 % of the annual budget representing projects waiting to be started or better weather
to resume. Contingency has only been used for Legal services in the Central Service Fund,
Administration Department, at this point in the fiscal year.
Fund balance carry forward was $5.5 million above projections and that amount remained at the
end of December but will drop by the end of the year as project work resumes.
Overall the City is doing well on its budget with revenues to date exceeding expenditures by $2.5
million but disconnects between resources and requirements relating to capital costs in several
funds (Capital Improvements and Water are good examples) will need to be resolved by June 30
or early in next fiscal year.
Related City Policies
City of Ashland Financial Management Policies, Budget Document Appendix
Council Options:
Council may accept this report as presented, recommend modifications as discussed or defer
acceptance (takes no action) awaiting further information or clarification.
Potential Motions:
Council moves to accept the mid year report as presented.
Council moves to accept the report as modified by discussion.
Council takes no action pending further information or clarification.
Attachments:
Attached is the City of Ashland financial report for the six months ended December 31, 2006.
This report includes:
1. Financial Narrative (pages iii-v)
2. Summary of Cash and Investments as of December 31 for the last two years (page 1)
3. Combined Statement of Financial Position City Wide (page 2)
4. Schedule of Revenues by Fund (page 3)
5. Schedule of Budgetary Compliance per Resolution #2006-11 (pages 4-7)
The numbers presented are unaudited and unadjusted.
11
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CITY OF
ASHLAND
Financial Narrative
Summary of Cash and Investments provides an understanding of changes in the City's cash
position across funds and investment types. Please note that the city-wide cash balance has
decreased $2,434,357 dollars between years.
The Combined Statement of Financial Position is similar to presentations provided in the
annual financial report. It is intended to provide the reader an overall sense of the City's
financial position at the present time. The Ending Fund Balance is $27.2 million, $5.5 million
more than budgeted but $2.2 million less than existed last year at this time.
Revenues and Budgetary Resources at December 31, 2006 total $33,206,575 as compared to
total year-to-date requirements of$30,739,539 which results in a $2.47 million increase to
Unappropriated Ending Fund Balance. This approximates the annual budget of $2.53 million
excess requirements over resources for the year. Additionally, the City carried over $5.57
million more in working capital than was anticipated.
On a city-wide basis, Licenses & Permits, Intergovernmental Revenues, Charges for Services,
System Development Charges, Assessment Payments and Miscellaneous Revenues are below the
50% mark. Moderate weather affecting utility sales (charges for services) and delayed developer
projects (City capital projects) account for Licenses & Permits, Intergovernmental Revenue and
Systems Development Charges to be less than projected.
Taxes are at 67% with the bulk of revenues for the year coming in November and Interest on
investments is over 60% of budget due to better rates.
Total Requirements are below budget showing a 39% level. At the first quarter this category
was 6% below while second quarter posts 11 % under budget but total requirements and transfers
is $2.26 million above the prior year. Staff expects to finish the year with total requirements
under budget.
Personal Services is 46% indicating less than full employment. Successful recruitment ofthe
Community Development Director, Police Chief and many other open positions will bring actual
and budget numbers closer to each other for this year and the next.
Materials & Services is 43% of budget and is consistent with the prior year. Capital Outlay is at
$3.5 million to date (only 20% of the budget) for the reasons mentioned above. Budgetary
Requirements are at 13% for the year with only $459,922 of the Transfers Out as budgeted
completed.
Contingency of $1 ,656,000 remains available for use.
The Schedule of Revenues by Fund provides an overview of all resources year-to-date. In most
cases, collections exceeded budget however, variations due to construction and related financing
and transfers can affect these percentages and consistency between years.
111
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CITY OF
ASHLAND
General, Debt, Parks and Recreation and Ashland Youth Activities Levy funds rely on tax
revenues and have percentages that vary greatly in the first and last parts of the year but report
near or over the 50% mark based upon the timing of the activity and the property tax revenues
received in November. The percentages of expenditures to budget this year are unusually lower
because of budgeted revenues from sale of property, rate increases and capital borrowing which
have not happened within the General and enterprise funds.
Capital outlay and project oriented funds also vary greatly due to project timing and related
funding.
The Schedule of Budgetary Compliance is intended to present expenditures on a budget basis
by fund consistent with the resolution adopting appropriation levels in the budget compliance
section of the document. As of December 31, there was one budget adjustment (a transfer from
Contingency) presented to Council for $14,000 to appropriate in the Central Service Fund to
cover outside legal expenses due to the vacant assistant City Attorney position.
With each report, staff attempts to include all material transactions possible that have occurred
through the cut off date to provide accurate information. Throughout the year, staff reviews
accounts and transactions on varying schedules to ensure proper coding and activity as it
compares to what is budgeted. This can cause adjustments to the listed accounts before the
year's end and what is included in the comprehensive annual report.
General Fund - Total expenditures are 40% with $0 Contingency used. Grants are above 50%
based upon the needs of the recipients. Some departments are below budget due to vacant
positions. The Planning Division is 22% of budget due to a large expenditure for land
($1,000,000) being budgeted this year but not expended to date. All other appropriation levels
are consistent with activities.
CDBG Fund - Expenditures are 54.7% of budget with Personal Services at 50.3%. A $215,000
Interfund Loan repayment to the General Fund awaits the sale of the city-owned Strawberry
Lane property.
Street Fund - All expenditures categories are below budget. Variations from the 50% mark are
heavily dependant upon capital project activity.
Airport Fund - Debt Service is at 50% in keeping with loan requirements.
Capital Improvements Fund - Expenditures are at 24% with Transfers (operating) at 50%.
Capital Outlay included $2.5 million in appropriations for Fire Station #2 construction work that
will not be done this year. Related borrowing will also not be done.
Debt Service Fund - Expenditures are consistent with timing of payments and budgeted activity.
Water Fund - Total fund expenditures are 44%. All divisions are below the half-year mark of
50% but Improvement SDC's at 84% and Debt Service is 87% in keeping with payments and
IV
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CITY OF
ASHLAND
timing required by bond covenants. The low percentages are directly related to capital projects
yet to begin or awaiting the construction season.
Wastewater Fund - Similar to the Water Fund, the Wastewater Fund overall percentage
expended is low at 36% yet operational costs by division are 33-36% of budget with 53% of debt
service yet to be paid. A cause for such low percentages is the Collection Division budget
includes $786,000 for Capital with $131,900 expended to date and Treatment Division has
expended $4,204 against the $489,250 appropriated for capital work.
Electric Fund - Expenditures are 47.4% of budget. This is relatively normal for this time of year
but staff will need to closely monitor Supply and Transmission costs through the end of the year.
These two categories average 53% for year to date costs and that is fairly consistent with
historical costs being higher in July through September. Recent changes in how wholesale
power costs are allocated between both divisions are the cause for the significant variation in
percentage of budget between the two categories.
Telecommunications Fund - Expenditures are at 53%. Cable Television is at 111 % of Budget
due to the date of Cable TV transferring to Ashland Home Net being later in the year than
expected and budgeted. A transfer of appropriations will be needed by the end of the year from
the other divisions or from Contingency.
Central Services Fund - Expenditures for all divisions are below the 50% mark with an average
of 44%. Some of this is due to open positions, project and maintenance delays.
Insurance Services Fund - Material & Services are 39% of budget, consistent with activity given
the annual premiums paid in the first quarter resulting in Materials and Services at 64.4%.
Equipment Fund - Personal Services and Material & Services are below the 50% mark and
Capital Outlay is 17% awaiting equipment purchases in process.
Cemetery Trust Fund - Transfers are consistent with activity.
Parks and Recreation Fund - Expenditures are consistent with activity at 40% and no
Contingency used.
Ashland Youth Activities Levy Fund - Materials & Services will reflect a significant payment to
the school district in January per the agreement on handling tax revenue proceeds.
Parks Capital Improvements Fund - Recorded Capital Outlay is well under budget due to no
activity to this point.
Unaudited, detailed balance sheets, revenues and expenditure reports and fund statements are
available for your review in the Administrative Services Department office should you require
any additional information.
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City of Ashland
Summary of Cash and Investments
December 31, 2006
Balance Balance Change From
Fund December 31, 2006 December 31, 2005 FY 2006
General Fund $ 2,847,519 $ 2,754,578 $ 92,941
Community Block Grant Fund 256,505 191,792 64,713
Street Fund 2,277,423 1,686,571 590,852
Airport Fund 53,955 (24,087) 78,042
Capital Improvements Fund 333,337 823,204 (489,867)
Debt Service Fund 140,383 840,260 (699,877)
Water Fund 4,257,130 6,780,219 (2,523,089)
Wastewater Fund 4,846,090 5,133,693 (287,603)
Electric Fund 1,878,849 1,517,511 361,338
Telecommunications Fund 539,326 569,079 (29,753)
Central Services Fund 996,880 746,838 250,042
Insurance Services Fund 1,330,636 1,299,621 31,015
Equipment Fund 1,680,950 1,554,997 125,953
Cemetery Trust Fund 735,822 712,004 23,818
22,174,805 24,586,280 $ (2,411,475)
Ski Ashland Agency Fund 26,721 21,745 4,976
Parks & Recreation Agency Fund 5,055,088 5,082,946 (27,858)
5,081,809 5,104,691 (22,882)
Total Cash Distribution $ 27,256,614 $ 29,690,971 $ (2,434,357)
Manner of Investment
Petty Cash $ 3,010 $ 3,010 $
General Banking Accounts 2,135,719 646,181 1,489,538
Local Government Inv. Pool 22,117,885 21,316,780 801,105
City Investments 3,000,000 7,725,000 (4,725,000)
Total Cash and Investments $ 27,256,614 $ 29,690,971 $ (2,434,357)
Dollar Distribution
Ski Ashland, Parks
and Recreation
Funds
19%
All Other (General
Government)
24%
Central Services,
Insurance and
Equipment Funds
15%
6 Financial Reporl Dee 31 FY 2OO7.xls
1/30/2007
City of Ashland
Combined Statement of Financial Position City Wide
For the one month ended December 31, 2006
Fiscal Year 2007 Percent Fiscal Year 2006
Year-To-Date Fiscal Year 2007 Collected I Year- To-Date
Resource Summary Actuals Adjusted Expended Balance Actuals
Revenues
Taxes $ 12,594,344 $ 18,751,882 67.2% $ (6,157,538) $ 11,774,133
Licenses and Permits 400,500 1,713,541 23.4% (1,313,041) 457,323
Intergovernmental Revenues 1,506,791 3,637,810 41.4% (2,131,019) 1,156,937
Charges for Services 16,922,464 34,603,977 48.9% (17,681,513) 16,386,044
System Development Charges 418,011 1,515,900 27.6% (1,097,889) 645,712
Fines and Forfeitures 92,387 157,000 58.8% (64,613) 64,687
Assessment Payments 77,401 252,000 30.7% (174,599) 287,331
Interest on Investments 424,516 703,300 60.4% (278,784) 346,115
Miscellaneous Revenues 310,239 1,642,400 18.9% (1,332,161) 296,595
Total Revenues 32,746,653 62,977,810 52.0% (30,231,157) 31,414,877
Budgetary Resources:
Other Financing Sources 500,000 0.0% (500,000)
Interfund Loans 745,000 0.0% (745,000)
Proceeds From Debt Issuance 16,147,100 0.0% (16,147,100)
Transfers In 459,922 1,034,934 44.4% (575,012) 831,317
Total Budgetary Resources 459,922 18,427,034 2.5% (17,967,112) 831,317
Total Resources 33,206,575 81 ,404,844 40.8% (48,198,269) 32,246,194
Requirements by Classification
Personal Services 10,512,989 22,732,581 46.2% 12,219,592 9,943,419
Materials and Services 13,412,861 31,027,927 43.2% 17,615,066 13,105,957
Debt Service 2,838,949 4,163,428 68.2% 1,324,479 2,746,282
Total Operating Expenditures 26,764,799 57,923,936 46.2% 31,159,137 25,795,658
Capital Construction
Capital Outlay 3,514,818 17,510,975 20.1% 13,996,157 1,850,166
Interfund Loans 745,000 0.0% 745,000
Transfers Out 459,922 1,034,934 44.4% 575,012 831,317
Contingencies 1,656,000 0.0% 1,656,000
Total Budgetary Requirements 459,922 3,435,934 13.4% 2,976,012 831,317
Total Requirements 30,739,539 78,870,845 39.0% 48,131,306 28,477,141
Excess (Deficiency) of Resources
over Requirements 2,467,036 2,533,999 97.4% (66,963) 3,769,053
Working Capital Carryover 24,727,622 19,154,800 129.1% 5,572,822 25,655,059
Unappropriated Ending Fund
Balance $ 27,194,658 $ 21 ,688,799 125.4% $ 5,505,859 $ 29,424,112
6 Financial Report Dee 31 FY 2OO7.xls
1130/2007
2
City of Ashland
Schedule of Revenues By Fund
For the one month ended December 31, 2006
Fiscal Year 2007 Fiscal Year 2006
Year-lo-Date Fiscal Year Percent to Year-To-Date
Revenues by Fund Actuals 2007 Adjusted Budget Balance Actuals
City
General Fund $ 7,382,831 $ 16,843,770 43.8% $ (9,460,939) $ 7,066,155
Community Block Grant Fund 381,042 636,250 59.9% (255,208) 94,000
Street Fund 2,061,737 11,927,753 17.3% (9,866,016) 1 ,851 ,839
Airport Fund 56,208 164,087 34.3% (107,879) 54,269
Capital Improvements Fund 809,724 6,769,119 12.0% (5,959,395) 340,354
Debt Service Fund 1,074,236 1,805,072 59.5% (730,836) 872,409
Water Fund 2,645,356 15,445,296 17.1% (12,799,940) 2,680,544
Wastewater Fund 2,370,231 9,540,802 24.8% (7,170,571) 2,390,312
Electric Fund 5,989,031 15,339,492 39.0% (9,350,461 ) 5,915,107
Telecommunications Fund 1,196,098 2,097,454 57.0% (901,356) 1,879,419
Central Services Fund 2,661,933 5,922,861 44.9% (3,260,928) 2,811,963
Insurance Services Fund 337,710 1,585,319 21.3% (1,247,609) 300,274
Equipment Fund 728,871 2,862,230 25.5% (2,133,359) 659,860
Cemetery Trust Fund 28,294 754,212 3.8% (725,918) 18,797
Total City Components 27,723,302 91,693,717 30.2% (63,970,415) 26,935,302
Parks and Recreation Component
Parks and Recreation Fund 3,522,975 6,058,700 58.1% (2,535,725) 3,304,789
Ashland Youth Activities Levy Fund 1,960,298 2,431,361 80.6% (471,063) 1,955,489
Parks Capital Improvement Fund 375,866 0.0% (375,866) 50,614
Total Parks Components 5,483,273 8,865,927 61.8% (3,382,654) 5,310,892
lotal City $ 33,206,575 $ 100,559,644 33.0% $ (67,353,069) $ 32,246,194
6 Financial Report Dee 31 FY 2007.xls
1/3012007
3
City of Ashland
Schedule of Budgetary Compliance Per Resolution #2006-11
For the one month ended December 31,2006
Fiscal Year 2007
Year-To-Date Fiscal Year 2007 Percent
Actuals Adjusted Used Balance
General Fund
Administration $ 60,516 $ 253,780 23.8% $ 193,264
Administrative Services - Municipal Court 184,065 395,035 46.6% 210,970
Administrative Services - Social Services Grants 113,305 115,360 98.2% 2,055
Administrative Services - Economic & Cultural Grants 329,178 504,650 65.2% 175,472
Administrative Services - Miscellaneous 7,000 0.0% 7,000
Administrative Services - Band 29,792 61,554 48.4% 31 ,762
Police Department 2,324,910 5,325,774 43.7% 3,000,864
Fire and Rescue Department 2,375,348 5,262,372 45.1% 2,887,024
Public Works - Cemetery Division 148,570 355,375 41.8% 206,805
Community Development - Planning Division 508,871 2,313,591 22.0% 1,804,720
Community Development - Building Division 360,248 801,756 44.9% 441 ,508
Transfers 500 500 100.0%
Contingency 400,000 0.0% 400,000
Total General Fund 6,435,303 15,796,747 40.7% 9,361,444
Community Development Block Grant Fund
Personal Services 17,839 35,485 50.3% 17,646
Materials and Services 329,881 385,765 85.5% 55,884
Other Financing Uses (Interfund Loan) 215,000 0.0% 215,000
Total Community Development Grant Fund 347,720 636,250 54.7% 73,530
Street Fund
Public Works - Street Operations 847,713 4,060,268 20.9% 3,212,555
Public Works - Storm Water Operations 272,338 739,870 36.8% 467,532
Public Works - Transportation SDC's 41,804 274,850 15.2% 233,046
Public Works - Storm Water SDC's 13,548 47,500 28.5% 33,952
Public Works - Local Improvement Districts 20,319 343,498 5.9% 323,179
Contingency 153,000 0.0% 153,000
Total Street Fund 1,195,722 5,618,986 21.3% 4,423,264
Airport Fund
Materials and Services 36,523 111 ,532 32.7% 75,009
Debt Service 17,536 35,173 49.9% 17,637
Contingency 5,000 0.0% 5,000
Total Airport Fund 54,059 151,705 35.6% 97,646
6 Finaocial Report Dee 31 FY 2007.xls
1/3012007
4
Schedule of Budgetary Compliance Per Resolution #2006-11
For the one month ended December 31,2006
Fiscal Year 2007
Year-To-Date Fiscal Year 2007 Percent
Actuals Adjusted Used Balance
Capital Improvements Fund
Personal Services 72,849 152,407 47.8% 79,558
Materials and Services 135,536 394,750 34.3% 259,214
Capital Outlay 538,097 3,056,000 17.6% 2,517,903
Transfers 450,000 905,434 49.7% 455,434
Other Financing Uses (Interfund Loan) 530,000 0.0% 530,000
Contingency 50,000 0.0% 50,000
Total Capital Improvements Fund 1,196,482 5,088,591 23.5% 3,892,109
Debt Service Fund
Debt Service 1,386,137 1,656,170 83.7% 270,033
Total Debt Service Fund 1,386,137 1,656,170 83.7% 270,033
Water Fund
Electric - Conservation Division 83,817 172,005 48.7% 88,188
Public Works -Forest Lands Management Division 69,623 196,000 35.5% 126,377
Public Works -Water Supply 1,417,935 3,020,879 46.9% 1,602,944
Public Works - Water Treatment 389,593 1,400,354 27.8% 1,010,761
Public Works - Water Division 1,266,001 3,264,112 38.8% 1,998,111
Public Works - Reimbursement SDC's 74,791 467,670 16.0% 392,879
Public Works -Improvement SDC's 588,844 702,580 83.8% 113,736
Public Works - Debt SDC's 123,932 0.0%
Contingency 152,000 0.0% 152,000
Total Water Fund 4,365,441 10,043,989 43.5% 5,554,616
WasteWater Fund
Public Works - Wastewater Collection 734,204 2,240,657 32.8% 1,506,453
Public Works - Wastewater Treatment 728,303 2,022,260 36.0% 1,293,957
Public Works -Reimbursements SDC's 192,160 0.0% 192,160
Public Works -Improvements SDC's 15,009 108,090 13.9% 93,081
Debt Service 846,020 1 ,793,196 47.2% 947,176
Contingency 149,000 0.0% 149,000
Total Wastewater Fund 2,323,536 6,505,363 35.7% 4,181,827
Electric Fund
Electric - Conservation Division 229,603 976,645 23.5% 747,042
Electric - Supply 3,889,675 6,557,504 59.3% 2,667,829
Electric - Distribution 2,436,603 5,189,851 46.9% 2,753,248
Electric - Transmission 148,488 1,048,600 14.2% 900,112
Contingency 381,000 0.0% 381,000
Total Electric Fund 6,704,369 14,153,600 47.4% 7,449,231
6 Financial Report Dee 31 FY 2007.xls
1/3012007
5
Schedule of Budgetary Compliance Per Resolution #2006-11
For the one month ended December 31,2006
Fiscal Year 2007
Year-To-Date Fiscal Year 2007 Percent
Actuals Adjusted Used Balance
Telecommunications Fund
IT - Customer Relations\Promotions 30,419 223,608 13.6% 193,189
IT - Cable Television 531,952 478,746 111.1% (53,206)
IT - Intemet 310,030 776,310 39.9% 466,280
IT - High Speed Access 128,989 301,179 42.8% 172,190
Contingency 100,000 0.0% 100,000
Total - Telecommunications Fund 1,001,390 1,879,843 53.3% 878,453
Central Services Fund
Administration Department 467,661 1,012,925 46.2% 545,264
Administrative Services Department 892,702 1,919,524 46.5% 1,026,822
IT - Computer Services Division 456,075 982,388 46.4% 526,313
City Recorder 118,055 269,768 43.8% 151,713
Public Works - Administration and Engineering 613,639 1 ,488,463 41.2% 874,824
Contingency 157,000 0.0% 157,000
Total Central Services Fund 2,548,132 5,830,068 43.7% 3,281,936
Insurance Services Fund
Personal Services 400,000 0.0% 400,000
Materials and Services 425,787 661,291 64.4% 235,504
Contingency 32,000 0.0% 32,000
Total Insurance Services Fund 425,787 1,093,291 38.9% 667,504
Equipment Fund
Personal Services 120,033 266,474 45.0% 146,441
Materials and Services 231,220 519,957 44.5% 288,737
Capital Outlay 243,890 1,415,000 17.2% 1,171,110
Contingency 42,000 0.0% 42,000
Total Equipment Fund 595,143 2,243,431 26.5% 1,648,288
Cemetery Trust Fund
Transfers 9,422 19,000 49.6% 9,578
Total Cemetery Trust Fund 9,422 19,000 49.6% 9,578
6 Financial Report Dee 31 FY 2007.xls
1/3012007
6
Schedule of Budgetary Compliance Per Resolution #2006-11
For the one month ended December 31, 2006
Fiscal Year 2007
Year-To-Date Fiscal Year 2007 Percent
Actuals Adjusted Used Balance
Parks and Recreation Fund
Parks Division 1,485,584 3,868,250 38.4% 2,382,666
Recreation Division 470,895 958,700 49.1% 487,805
Golf Division 184,467 416,000 44.3% 231,534
Debt Service 3,500 0.0% 3,500
Transfers 110,000 0.0% 110,000
Contingency 35,000 0.0% 35,000
Total Parks and Recreation Fund 2,140,945 5,391,450 39.7% 3,250,505
Youth Activities Levy Fund
Personal Services 96,000 0.0% 96,000
Materials and Services 9,951 2,335,361 0.4% 2,325,410
Total Youth Activities Levy Fund 9,951 2,431,361 0.4% 2,421,410
Parks Capital Improvement Fund
Capital Outlay 331,000 0.0% 331,000
Total Parks Capital Improvement Fund 331,000 0.0% 331,000
Total Appropriations $ 30,739,539 $ 78,870,845 39.0% $ 48,131,306
6 Financial Report Dee 31 FY 2007.,1,
1/3012007
7
CITY OF
ASHLAND
Council Communication
Approval of Public Contract for TRANSFORMER DISPOSAL SERVICES
Meeting Date: February 6, 2007
Department: Finance - purChaSi~
Contributing Departments: Ele~ctri ~
Approval: Martha Benne
Estimated Time: Consent Age
Primary Staff Contact:
E-mail:
Secondary Staff Contact:
E-mail:
Lee Tuneberg .#O~
tuneberl@ashland.or.us
Dick Wanderscheid
wandersd@ashland.or.us
Statement:
This action is to request approval from the City Council, as the Local Contract Review Board, to enter into a public
contract with Solomon Corporation for Transformer Disposal Services. Solomon Corporation submitted the most
advantageous proposal to the City.
Staff Recommendation:
Staff recommends that the Public Contract for Transformer Disposal Services be awarded to the Solomon
Corporation as submitted in their proposal.
Background:
The Electric Department needs to dispose of 58 surplus transformers labeled as "JUNK" (standard industry term
for old transformers that can not be rebuilt to today's standards).
Under the Ashland Municipal Code, the disposal of City owned surplus property having a residual value of more
than $10,000 shall be subject to authorization by the Local Contract Review Board.
For this public contract, an informal Request for Proposal was the chosen solicitation method.
Some of the transformers - 26 each - were expensed in year's past, which means they are NIS (Not in
Stock/Inventory), and the remaining 32 transformers will need to be expensed at a cost of $18,978.27 in the
current fiscal year.
The Request for Proposal was mailed to eight (8) potential service providers, and four (4) proposals were
received.
(58) Transformers
(8) Reclosers
Total Revenue
Solomon Corporation
Jerry's Electric
Transformer Technologies
TW Services
$11,958.13 $400.00
$9,027.00 $40.00
(Amount for both transformers and reclosers)
$5,015.00 -0-
$12,358.13
$9,067.00
$7,116.00
$5,015.00
r:. ,
Related City Policies:
2.50.115, Disposal of Surplus and Abandoned Property, the City of Ashland Finance transfer to other
departments, direct transfer or sale to political subdivisions, state agencies, or non-profit organizations, sale,
trade, auction, or destruction; provided however, that disposal of surplus property having residual value of
more than $10,000 shall be subject to authorization by the City of Ashland, Local Contract Review Board.
Council Options:
Local Contract Review Board can approve the award of the public contract or decline to approve the award of the
public contract.
Potential Motions:
Local Contract Review Board moves to award the public contract to Solomon Corporation,
Attachments:
Proposal from Solomon Corporation
A Request for Authorization - Surplus Property Disposal
r~'
CITY OF
ASHLAND
f.\ for aut ization
SURPLUS PROPERTY DISPOSAL
DATE:
January 26, 2007
TO:
Lee Tuneberg, Finance Director
PREPARED BY: Kari Olson/Larry Christensen
COf'.lTEf'.ITS APPROVED BY, '-.~~=n~_L__
1 D
f8
P
escnptlon 0 urplus roperty
Purchased by: Description Quantity Identification Current Value
Dept and Year Number
Electric Old Surplus Transformers 55 See Attachment
Over 25 yrs old
Electric Automatic Reclosers 8 See Attachment
2
D.
1M th d
Isposa e 0
Public Agency or School District Public Sale
Name: Type:
0 Direct Sale - Price/Offer $ Trade-in
0 Direct Transfer Details:
Destruction
Method:
Non-profit Corporation Other
Name: Method: REQUEST FOR PROPOSAL
RFP sent to eight (8) potential proposers, received
0 Direct Sale - Price/Offer $ (4) proposals.
0 Direct Transfer 1 ) $12,358.13
2) $9,067.00
3) $7,116.00
4) $5,015.00
COMMENTS: We would like to request permission to award the sale of the surplus transformers and
reclosers to the highest ranking proposer - Solomon Corporation - $11,958.13 (Transformers) and
$400.00 (Reclosers) - for a total of $12.358.13.
APPROVED BY:
~~
Lee Tuneberg
Finance Director
Date:
1/.3~~ 7
/ '
Revenue fund to be credited with proceeds from the disposal of surplus property:
.
--- ------
10/31/06
The Electric Department has a total of 58 Transformers it would
like to dispose of because they are surplus and are over 25 years
old and in need of reconditioning.
Of the total of 58 there is 32 that are in Stock and 26 that were not
returned to Stock.
< .~.J
Transformers that are in Stock and will be charged out are
3 each 167 K.V.A at $1280.86 each. Total
1 each 50 K.V.A. at $1118.11 each Total
10 each 25 K.V.A. at $724.13 each Total
7 each 15 K.V.A. at $439.04 each Total
8 each 10 K.V.A. at $380.00 each Total
3 each 5 K.V.A. at $221.00 each Total
$3,842.58
$1,118.11
$7,241.30
$3,073.28
$3,040.00
$663.00
Total $18,978.27
We have 8 each Reclosers we also need to Dispose of
Automatic Recloser Type "W"
Line Material Industries
McCraw-Edison Company
Impulse withstand 110 kv.
Max Des. Volt 15.5 kv.
Closing solenoid nominal volt 12.0-13.2 kv.
Operating range plus minus 150/0
Series trip coil Data
Cont. current 400 amp
Min trip current 560 amp
Nom volt 4.8 - 14.4 kv.
Max into current 12,000 8000 amp.
Serial Numbers 671,434,435,668,672,669,433 & 5711
Solomon Corporation
Post Office Box 245
Solomon, Kansas 67480
Wats Line (800) 234-2867
Telephone (785) 655-2191
Fax (785) 655-2502
"The Performance Transformer Company
January 10, 2007
TO: Kari Olson- Purchasing Representative
CONTRACT FOR DISPOSAL
Electrical Equipment Pricing Schedule for City of Ashland
Units are located in Ashland, Oregon
2517.5 KVA TOTAL
Salvage Electrical Equipment
0- 49 PPM PCB Content
$4.75 per KVA CASH
TOTAL $11,958.13
(8) W Type Reclosers
$50.00 Each CASH
TOTAL $400
Assumptions: City of Ashland will be responsible for loading the units onto a Solomon Corporation
transportation vehicle. The oil filled equipment must be tested for PCB and have a concentration of no
greater than 49 PPM. Supporting lab results must accompany the transformers at the time of loading.
Kari, Solomon hauls 49 PPM and less oil filled units to our reclamation facility. Any unit 50 PPM to 499
PPM must be completely drained, in order for us to haul and dispose of the carcass. Should you elect to
send drained units, we triple rinse the carcass and then send down a special salvage line at our
reclamation facility to be torn down and scrapped into components. Any unit 50 PPM filled with oil must
either be drained for our disposal or I would arrange for disposal through a hired hazardous waste
disposal facility, per your instructions. I have also enclosed our audit package with disposal process, CD
information, etc. for your review. Should you have any questions, please call either myself or Ann Bush,
our environmental manager @ (800) 234-2867 ext. 182.
At this time, The Solomon Corporation team wishes to say thank you for the opportunity to bid your
surplus scrap. If there is additional information you require, please call 1-800-234-2867 ext. 186.
Request for Proposal
SURPLUS TRANSFORMER DISPOSAL SERVICES
January 4, 2007
Item K. V.A. City, Manufacturer Type Serial Number PrImary Secondary Drained PCB PCB Test PRICE / KV A TOTAL
Voltage Voltage (Yes / No) Content
1 5 1000 RUE Pole 731050648 7200 120/240 No NO Oct-87 .::.it - ., S S?~ 7r;
2 5 1002 RUE Pole 731050656 7200 120/240 No 1 Oct-87 $ d 7 r; S?~ 75
3 5 889 General Bectric Pole 8854319 7200 120/240 No 8 Nov-85 :;; 4 .1 ~ $23.75
4 10 838 Westinghouse Pole 63801460 7200 120/240 No 1 May-88 $4.75 $47.50
5 10 1575 General 8ectric Pole E245549-59K 7200 120/240 No 5 Mar-90 $ 4 . 7 5 $47.50
6 10 904 Westinghouse Pole 6OSM474 7200 120/240 No 3 May-88 $4.75 $47.50
7 10 646 Westinghouse Pole 62SK178 7200 120/240 No 2 May-88 <: d 7 r; Sd7 50
8 10 841 Westinghouse Pole 61SK1283 7200 120/240 No 2 Mar-88 $ 4 . 7 5 $47.50
9 10 1547 Westinghouse Pole 6928282 7200 120/240 No NO Jul-91 S d 7 S Sd7 r;o
10 10 808 A1lis-Cha1mers Pole 3431 n2 7200 120/240 No 1 Sep-87 S A 7 S S47 so
11 10 802 A1li~mers Pole 181411 7200 120/240 No NO Nov-85 ... A "7 t; '::"7 r;o
, 12 10 806 General 8ectJic Pole F951678-64K 7200 120/240 No 1 Jan-87 ~ 11 "7 t; Sd7 r;o
13 10 587 General Electric Pole 0762046-57K 7200 120/240 No 1 Nov-86 $ d 7 S $47.50
14 15 732 General Electric Pole K494324K72A 7200 120/240 No NO Nov-86 $4.75 $71.25
15 15 15 General.8ectJic Pole G723653-66K 7200 120/240 No 3 Jan-87,$4.75 $71.25
16 15 181 General Electric Pole G57 4166-66K 7200 120/240 No 1 Apr-87 $ 4 . 7 5 $71.25
17 15 298 General Electric Pole E579104-60K 7200 120/240 No 11 Mar-90 $ 4 . 7 S 1$71.25
18 15 827 Westinghouse Pole 69AA5484 7200 120/240 No 1 Nov-87 S d 7 r; $71 25
19 15 79 RI&E Pole 3201736 7200 120/240 No NotestS4.7S S71.25
20 15 892 GeneralBectric Pole E579101-601< 7200 120/240 No 11 May-88 S 4 7 5 $71.25
21 15 801 General Bectric Pole H552689K68 7200 120/240 No 2 Jul-86 $ 4 . 7 5 $71.25
22 25 103 RT&E Pole' 3205549 7200 120/240 No 1 Nov-87,<:4.75 $118.7
23 25 14 WestinghOuse Pole 64AM5294 7200 120/240 No 1 Apr-871 S 4 . 7 5 1$118.7
24 25 414 Gener8t Bectric Pole 9672961 7200 120/240 No 10 Nov-86 $4.75 $118.7
25 25 805 Moloney Pole 1220055 7200 120/240 No 4 Sep-86$4.7S $118.7
26 25 306 General 8ectJic Pole 9644843 7200 120/240 No 6 Apr-87 $ 4 . 7 5 $118.7
27 25 427 General Bectric Pole 9781985 7200 120/240 No 16 Mar-87 $ 4 . 7 5 $118.7
28 25 631 McGraw Edson Pole 1801939 7200 120/240 No NO Mar-88 $ 4 . 7 5 $118.7
29 25 549 General Bectric Pole' 9901950 7200 120/240 No 7 Jun-86 $.4 . 7 5 $118.7
30 25 310 Westinghouse Pole 5386293 7200 120/240 No 2 0ec-87$4.75 $118.7
31 25 446 Gardner Electric Pole 92633 7200 120/240 No 1 Jan-87 S 4 7 S Is 1 1 R 7
32 25 484 Kuhlman Pole C29868 7200 1201240 No 2 Oec-85 $4.75 $118.7
33 25 397 Wagner Pole K9E2571 7200 120/240 No 14 Nov-86 $4. 75 $118.7
34 25 1589 Une Pad GV411716 7200 1201240 No NO Feb-90 i:;; 4 . 7 5 $118.7
35 37.5 146 Una Pad 05619107 7200 120/240 No 1 Oct-87 $ 4 . 7 5 1$178.1
36 50 136 Westinghouse Pole 65AF8867 7200 1201240 No 1 Sep-87$4.75 $237.5
37 50 691 Westinghouse Pole 59SH1793 7200 120/240 No 1 0ec-86 ~ 4 . "' ~ :;;Lj/.~
38 50 80 RT&E Pad 692017236 7200 1201240 No 1 Apr-87 ;;. 4. 1 ~ ~Lj/.:)l
39 50 11 RT&E Pad 692017232 7200 120/240 No 1 Apr-87 .:: 4 . 7 5 $237.5(
40 50 1590 Une Pad GV33201 0 7200 1201240 No NO Feb-90$4.75 $237.5(
41 75 1333 RUE Pole 81107819 7200 120/240 No 1 May-88 $4 . 75 '$356.2t
42 75 154 General Bectric Pole G420317-65K 7200 120/240 No 0 May-88ls 4 _ 75 i$ 356 . 2 t
43 75 167 A1lis-Cha1mers Pole 3790740 7200 120/240 No 1 Apr-88 $ 4 . 7 5 $356.2t
RFP - Surplus Transformer Oisposal Services, Page 1 of 2
II" I
Request for Proposal
SURPLUS TRANSFORMER DISPOSAL SERVICES
January 4, 2007
Item K. V.A. City, Manufacturer Type SerIal Number PrImary Secondary Drained PCB PCB Test PRICE I KVA TOTAL
Voltage Voltage (Yes I No) Content
44 75 214 Stand. Pole PCH31 02 7200 120/240 No 1 Mar-87 <'4.75 $356.2
45 75 215 Stand. Pole PCH3101 7200 120/240 No 1 Mar-87 <'A "71; ~~I:\~ ?I
46 75 217 Stand. Pole PCC0932 7200 120/240 No 1 Mar.87 ~d 71:\ ~~C;h_?1
47 75 300 Stand. Pad R21080 7200 120/240 No 1 Aug-86 $4.75 $356.2[
48 100 440 Westinghouse Pole 6334529 7200 120/240 No 3 Dec-85 :c:: A "7 I; I~ lI. 7 1:\ () (
49 100 441 Westinghouse Pole 6346730 7200 1201240 No 2 Dec-85 ...4.7r::.. SL17S.0
50 100 442 Westinghouse Pole 6346731 7200 1201240 No 2 Dec-85 S4.75 iS475.0(
51 167 n9 Westinghouse Pole 62SJ611 7200 120/240 No 2 Sep-87 4.75 '7Q'L 'jl:\
52 167 576 Westinghouse Pole 6944493 12000 1201240 No 2 Dec-85 ti4.75 793.25
53 167 134 Westinghouse . Pole 6944494 12000 120/240 No 2 Aug-85$ 4 ~ 75 793.25
54 167 575 Westinghouse Pole 6926480 12000 120/240 No 2 Dec~ 4.7r::.. 793.25
55 167 705 Westinghouse Pole 6OSM1408 7200 1201240 No 5 Jan-SS; A "7 I; ;7Q1 ?r::..
TOTAL <,11,958~
.,. _..~ --..
RFP . Surplus Transfonner Disposal Services, Page 2 of 2
Request for Proposal
SURPLUS RECLOSER DISPOSAL SERVICES
January 4, 2007
Description of Reclosers:
Automatic Recloser Type 'W"
Manufacturers:
Line Material Industries
McCraw-Edison Company
Impulse withstand 110 KV
Max Des Volt 15.5 KV
Closing Solenoid Nominal Volt 12.0 -13.2 KV
Series Trip Coil Data
Cont. Current 400 Amp
Min Trip Current 560 Amp
Nom Volt 4.8 - 14.4 KV
Max Int. Current 12,000 8,000 Amp
Serial Number PrlcelEach
433 $50.00
434 $50.00
435 $50.00
668 $50.00
669 $50.00
671 $50.00
672 $50.00
5711 $50.00
TOTAL $400.00
RFP - Surplus RecIoser Disposal Services, Page 1 of 1
103 West Main Street
SoIomon,Kansas 67480 www.solomoncorp.com
PowerM TtaIl$former SQlution$:
__ ,-" 11 III '1;.1_
Estal:ished1971
785-655-2191
FAX 785-655-2502
Toll Free 80Q..234-2867
Facility Audit Package
Solomon, Kansas
Contact: Anna Bush
Title: Environmental Manager
Telephone: 1-800-234-2867, Ext 182
Revised: January 3, 2007
Mission Statement
At Solomon Corporation, our mission is to provide quality products and services that help our
customers maintain a solid source of electrical power. We offer solutions throughout the equipment
life cycle, from manufacturing, maintenance and fmally, disposal. Our managers and employees
have a common goal: to set the industry standard for quality and service. Our success is measured
by our ability to exceed customer expectations.
An Overview of Solomon Corporation
Today
Solomon Corporation in Solomon, Kansas, is a premier distribution electrical transformer company.
The company conducts business with utility companies nationwide. These customers include
municipalities, rural electric cooperatives and investor-owned utilities, as well as industrial users.
Solomon Corporation has contracts with some of the largest utilities in the nation including Dncor ,
Xcel Energy, Nevada Power, Oklahoma Gas and Electric, and Consumers Energy.
Products include transformers (polemount, padmount and substation), voltage regulators and oil
circuit reclosers. Other services provided by Solomon Corporation are performed by field service
crews, expanding the company's capabilities within the industry. These crews provide customer site
testing, maintenance and repair of electrical equipment as well as dismantling and reclamation of
oversized transformers, some individually weighing as much as one million pounds.
The Beginning
Three partners set out to go into the business of repairing and selling electrical transformers. They
were seeking a central United States location and began to canvass the Midwest, particularly Kansas,
for a small town in which they could start their shop. The proximity of 1-70 for transportation and
the broad customer base offered by many rural electric cooperatives and municipalities in Kansas and
neighboring states supported the choice of Solomon. On April 1, 1971, Solomon Electric Supply
began operations with six employees.
Growing Years
Within three years, the company's annual sales were approximately $3 million and employment had
risen to 30 people. For a few years the company struggled while it sought to create a market niche
with a high quality transformer product. The early 1980s brought a new focus on quality products
and exceptional customer service, the building blocks oftoday's Solomon Corporation.
In 1987, the company found its mark and began to achieve considerable growth in sales. Annual
sales reached $3.4 million with 60 employees. This time period also showed a substantial growth in
facilities at Solomon. Buildings were upgraded and new facilities added.
Growth in the 90s
1991 saw the opening of a new, state-of-the-art transformer reclamation facility in Solomon. This
28,000 square feet facility alone is over five times the size of the original Solomon Electric building.
Efficiencies have been achieved through streamlined production capabilities and innovative process
development. Today, in addition to sales of remanufactured units, transformer reclamation (the
recovery of metals from salvage transformers) also provides significant revenues to the company.
Metals recovered include copper, aluminum, steel and brass.
The early 1990s also brought three major building projects to the manufacturing facilities. As a
result, this increased the quantity of the units manufactured and expanded our capacity to produce
power class substation-type transformers.
With an annual payroll of $10 million and employees numbering 385, our people are our most
valuable asset. Employee benefits and attractive wages coupled with a strong work ethic enable the
company to maintain a highly skilled work force. The training programs utilized provide Solomon
with some of the most proficient and experienced personnel in the electrical equipment/service
business.
A branch facility in Decatur, Tennessee began operation in January 1996. This was initially
developed to funnel product to the Kansas location to insure continued growth and maintain a
competitive edge in a freight intensive business. Based on customer demand, this facility has
expanded and currently provides transformer sales, repair and reclamation.
As of January, 2005 a branch facility began operation in Grand Junction, Colorado. This facility
focuses on oil circuit recloser sales and servicing as well as regulator sales and servicing.
Over the last six years, the company has averaged a 20% annual sales growth resulting in company
wide sales projected to be nearly $40 million for the next fiscal year.
The Future
Solomon Corporation will continue to grow. Through remanufacturing, reclamation and field-
service operations, a nearly 20 percent annual sales growth is expected to continue for the next fiscal
year.
The philosophy of the company remains to stay ahead of the market by anticipating shifts, or changes
in customer demand. Constant attention to quality demands within the industry keeps Solomon
Corporation moving forward.
Company Information
Corporate Office: 103 W Main
PO Box 245
Solomon KS 67480
Phone: 785-655-2191
Fax: 785-655-2502
Transformer Repair & Remanufacturing
Operations began April 1971
75,000 sqft
Reclamation: 302 W 7th Street Facility constructed September 1991
Solomon KS 67480 31,600 sq ft
Phone: 785-655-2191
Fax: 785-655-2502
EPA ill No. KSO 002 431 880
Branch Location: Hwy 58 South Transformer Repair
PO Box 1009 OCR Repair
Decatur TN 37322 Reclamation
Phone: 423-334-2666 24,000 sqft
Fax: 423-334-2662
EPA ill No. TNO 001 577485
Branch Location:
2377 Leland Avenue
Grand Junction, CO 81505
Phone: 970-241-0721
Fax: 970-243-2902
Transformer Repair
OCR and Regulator Repair
7,000 sq ft
KS Taxpayer No. 18-0689
Federal ID No. 48-0777539
NAICS Code: 335311 - Shop
NAICS Code: 42193 - Recyclable Material Wholesalers
Re2ulatorv
US EP A Region VII
901 N 5th Street
Kansas City KS 66101
Mazzie Talley, Branch Lead
913-551-7395
KS Dept of Health & Environment
2501 Market Place
Salina KS 67401
Rick Brunetti, District Administrator
785-827-9639
Permits
US EP A - None required
KDHE Air Source Operating Permit No. 0410020
Class II
Waste Recvclio2 Parameters
Material is received into the facility, destroyed by disassembly into component metals.
Financial
Bonding Company: Sunflower Insurance Group
217 S Santa Fe Avenue
Salina KS 67401
785-825-0286
Bank Reference: UMB - National Bank of America
100 South Santa Fe
Salina KS 67401
785-826-4000
Solomon State Bank
126 West Main .
Solomon KS 67480
785-655-2941
Credit Reference: Warco
Route 2
Marthasville MO 63357
314-433-2212
Robson Oil
PO Box C
Abilene KS 67410
785-263-2503
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Partial List of Active Disposal Facility Customers
Kansas City Power & Light
PO Box 418679
Kansas City, MO 64141
816-245-3642
Jim Franklin
Aquila - Missouri
PO Box 48
Warrensburg, MO 64093
816-737-7777
Mike Spencer
Oklahoma Gas & Electric
Box 321 M/C PS37
Oklahoma City, OK 73101
405-553-4842
Andy Knapp
Northern Indiana Public Service Co
801 E 86th A venue
Merrillville, IN 46410
219-647-4406
Al Moon
We Energies
231 W Michigan St
Milwaukee, WI 53203
414-221-4884
Rob Hubert
Austin Energy
2412 Kramer Lane
Austin, TX 78758
512-505-7277
Jim Eldred
Center Point Energy
PO Box 34819
Houston, TX 77234
713-945-6240
Carol Espitia
Alliant Energy (wpL I IPL)
935 WBR Townline Rd
Beloit, WI 53511-8823
608-364-6536
Jim Weins
Xcel Energy
9500 Interstate 76
Henderson, CO 80640
303-628-2665
Rick Davis
TXU Electric Utilities
2471 S Dallas Avenue
Lancaster, TX 75146
972-218-2840
Eddie Spurgin
Environmental Setting
Solomon Corporation is located in an industrially zoned, 23 acre site on 7th street in Solomon, Kansas.
The acreage dedicated to transformer reclamation is 5 acres. The previous use of the property was
strictly agricultural. To the North and West of the property is agricultural. Commercial businesses are
to the East that consists of a propane gas distributor and a Portland cement plant. A residential area is
located to the South of the property.
About 1,075 people live within a one mile radius and 1,175 within a three mile radius. The nearest
public facility is the school which is a one-half of a mile away.
Solomon's reclamation facility is not in the I OO-year flood plain. The nearest waterway, the Solomon
River, is approximately one mile from the facility. The nearest lake is Milford Reservoir located 45
miles away. The average annual rainfall is 27 inches. The local drinking water source is city well
water from a well that is about three miles from the facility. The water table is approximately 60 feet.
Laboratory
The goal of Solomon Corporation Laboratory is to produce data of the highest quality for compliance
with 40 CFR Part 761. The laboratory is organized and operated to meet the National Accreditation
Committee (NELAC) standards. The laboratory has a policy to ensure its personnel are free from any
commercial, fmancial and other undue pressures which might affect the quality of work. The
laboratory has a Quality Assurance Plan and Standard Operating Procedures in place to ensure
laboratory personnel follow standards.
The Kansas Department of Health and Environment has issued Certificate No. E-I0345 as being
accredited for performing environmental analyses for EP A Method 8082: PCB-1242; PCB-I 254; PCB-
1260. The laboratory has reciprocity with NELAP.
Site Security Measures
Facility Operations
Security is provided by a chain-link fence which runs along the facility's boundaries. Routes of entry to
the facility are secured by doors and gates. Entry to the processing areas is through the central office
area. The gates accessing the parking area will be locked at the end of each work shift and remain
locked throughout the night until normal work starts the next business day.
In addition, all exterior doors are locked when the facility is not in operation. Keys are issued to
authorized personnel only. Visitors, contractors, sales persons, etc. entering the facility must be
accompanied by an authorized member of the management staff. During business hours, access to
visitors and drivers will be provided through the main office area only.
Materials Storage
Due to the above-mentioned security precautions, the threat of vandalism is minimized. Access to
facility storage and handling areas, as well as the equipment and storage devices found in those areas,
is restricted to authorized personnel only. Piping located throughout the building is 1-1/2 inch steel
encased in 3 inch PVC for secondary containment. Storage areas and oil tanks are all above ground
and are located within the building itself.
Waste Acceptance
Material:
Solomon Corporation accepts the following electrical equipment:
· Electrical Equipment tested < 50 ppm
· Electrical Equipment originally manufactured NonPCB (nameplated)
· Electrical Equipment tested 50-499 ppm only if drained of fluid
· Drums of oil tested < 50 ppm
· NonPCB capacitors (nameplated NonPCB)
· Oil Circuit Reclosers (OCRs)
Sampling:
Electrical equipment must be tested for PCB content prior to shipping to Solomon Corporation. The
test data will be recorded at the time of unloading. Customer must provide laboratory results.
If there is a discrepancy between the unit and the test results, the unit will be isolated and Solomon
personnel will extract an oil sample from the unit to verify the original analysis.
Discrepancies are determined by looking for inconsistent information:
· Lab report does not correspond to what is written on the unit
· Lab report does not correspond to labeling of unit
· Lab report does not correspond to nameplate information
· There are two different type of PCB labels on the unit
· Customer says it is nameplated NonPCB, but doesn't qualify under Solomon Corp policy
· Oil has an "off" smell indicating oil is not mineral oil
The samples will be analyzed by individual Gas Chromatography (GC) performed by Solomon
Corporation Laboratory utilizing EP A approved methods for analysis of PCBs.
NonConforming Material:
Any equipment received into the facility that does not or is suspected of not conforming to the
material requirements will be immediately isolated, properly labeled and marked, then reported to
the Environmental Administrator's office for notification of the original generator. The unit will be
stored in the PCB Storage Area for disposal pending shipment to an EP A approved disposal facility.
NonConforming Material consists of:
· Electrical Equipment untested for PCB content
· Bushings untested for PCB content that have been removed from the transformer
· 50-499 ppm units that are full of oil
· Drums of oil >49 ppm
· Drums of oil untested for PCB content
· Any item tested at >499 ppm PCB
· Any debris (soil, test kits, floor dry, trash, etc) at any PCB level
· Any drummed liquid (water, solvent, anti-freeze).. . other than NonPCB mineral oil
· Any item with visible fluid leakage
· Retrofilled Units - if originally >499 ppm (unless approved by the Environmental
Department)
Shipping Requirements:
Each load received must conform to current state and federal regulations:
· Labels - TSCA, DOT
· Shipping Containers - DOT
· Bill of Lading, Load Sheet, Laboratory Analysis
Operating Procedures
Overview
The primary purpose of this facility is the disposal through destruction and recycling of
transformers and related electrical equipment that is less than 50 ppm PCB. Oil filled material
will be drained, stored in bulk tanks, then shipped directly to the appropriate disposal facility. We
also accept drained 50-499 ppm carcasses for reclamation.
Material
Solomon Corporation accepts two types of electrical equipment for reclamation:
· Equipment tested less than 50 ppm PCB - these units can be accepted full of oil or
drained.
· Equipment tested 50 to 499 ppm PCB - these units MUST BE drained of fluid prior to
loading onto transportation vehicles.
In order to stay within these parameters, Solomon requires the generator provide certified gas
chromatography laboratory analysis prior to transport.
Unloading
Distribution transformers shall be unloaded from their respective transport vehicles into the
Transformer Storage Area via an overhead hoist and placed on roller track. As the unit is placed
in the Transformer Storage Area it will be logged in by the unloading personnel.
During the log in procedure each transformer will be inspected for the presence of, or the potential
to leak. Any leaking or suspect units will be drained immediately into an appropriate container,
with both the carcass and the fluid being held pending approval to process. Any leaking
transformer which involves a spill will be cleaned up in accordance with 40 CFR 761.125.
Due to their size and weight, substation transformers are drained of fluid prior to shipment. The
carcasses will be unloaded via the 35 ton overhead crane and placed on the floor of the substation
storage area.
Tracking Procedures and Recordkeeping
As each unit is unloaded, it is reconciled with the incoming paperwork provided by the generator
and/or truck driver. Discrepancies are immediately reported to the generator. The load will not be
processed until the discrepancy is resolved.
The load is logged into the computer data entry system. The load is assigned a unique load
number which details the customer's name and address, date shipped from the generator site and
the date received at Solomon Corporation. The individual units on the load are assigned a unique
inventory control number which is used for tracking and inventory counts. Individual units are
tracked by the inventory control number information consisting of: KV A size, Manufacturer,
Serial Number, Company Number (if provided), Phase, Type of Equipment (polemount,
padmount, etc), Lab Number and PPM.
The entire computer system is backed up nightly using magnetic tape. The tape is archived for
five days. Weekly backups are also done and archived every fourth week. Copies of historic
computer records are kept off-site. In addition to computer records, hard copies of Receiving
Sheets, Bills of Lading, and Lab Reports are kept. The paper records are kept in the office for a
one year period, and then placed in storage in fireproof vaults. These are retained indefinitely.
Once the unit has been destroyed, a destroy code and date are input into the database. A
Certificate of Disposal is issued once the entire load of units has been destroyed. A Certificate of
Disposal can be regenerated at any time per customer request.
Oil RemovaVDraining Process
Transformers will be moved to the appropriate drain area by means of roller track. It will be
moved from the roller track onto the drain pan via an overhead hoist. The lid will be removed. A
steel rod will be used to puncture the bottom of the transformer tank. The tank is allowed to drain
over a steel grate for two to three hours to allow for complete draining. The oil removed from
transformers is stored in aboveground bulk tanks pending shipment to an oil marketer.
Disassembly Process (0-49 ppm PCB)
Distribution:
After the draining process is complete, the transformer is moved by conveyor to the
untanking area. The conveyor is equipped with secondary containment in the form of a steel
pan designed to contain any release of residual fluid occurring during the move or the
untanking procedure. Within the untanking area all components are removed from the
transformer tank including the core and coil assembly. The components are forwarded via
storage bins to the bushing processing area. The bushings are crushed. The metals are
recovered for shipment to smelters and the porcelain is sent to an approved landfill.
The core and coil assembly is forwarded via overhead hoist to the teardown area. The
transformer tanks are then dusted with absorbent material and the nameplate is removed. The
tanks are crushed and loaded for shipment to smelters.
Once at the teardown area the core and coil assembly will be dismantled, separating the coil
windings and insulation from the core steel. The core steel will then be loaded for shipment
to smelters. The coil wire and insulation will be moved to the separation area.
Substations:
Substation transformers, due to their size, are placed in the substation untanking pit for the
untanking procedure. This allows for better access when removing the lid and insulators,
particularly on taller units. The unit is prepared for untanking by removal of the lid and
insulators, disconnection of all switches and removal of the mechanisms attaching the core
and coil assembly to the tank.
The core and coil assembly is lifted from the tank by means of the 35-ton overhead crane and
placed in a steel containment pan for further disassembly. Any residual fluid is removed.
The tank is dusted with absorbent material and moved to the tank cutting area for cutting to
size for shipment to smelters. .
The disassembly process continues with further disassembly of the core and coil assembly by
removal of the coils and insulation from the core steel. The top portion of the core steel is
removed manually, and then the coils are pulled off the steel legs utilizing the overhead
crane. The coils and insulation are then moved to the separation area and the core steel is
loaded for shipment to smelters.
Disassembly Process (50-499 ppm PCB)
The disassembly process is the same as for 0-49 ppm units with these additional steps:
1) The distribution untanking takes place on a dedicated untanking line.
2) Prior to leaving the untanking area, the non-porous surfaces are decontaminated in
accordance with 40 CFR 761.79. This process involves triple rinsing with mineral oil. Each
rinse will use a volume equal to approximately 10 percent of the tank capacity.
3) The residual PCBs from the core and coil assembly and the other porous components will be
disposed in a scrap metal recovery oven in accordance with 40 CFR 761.72.
Separation
The coil wire, comprised of either copper or aluminum, is separated from the paper insulation by
one of two methods. The coils and insulation will be separated mechanically utilizing a process
called granulation. In this process the coils are fed into a Triple/S Dynamics Cable Recycling
Plant; this system performs the separation process by grinding the coils into granules and passing
the granules through a series of air separators yielding clean copper or aluminum granules. (The
50 to 499 ppm core/coil assemblies will be baked in the scrap metal recovery oven prior to
granulation. )
In instances where mechanical separation is not feasible, the coil and insulation will be burned in
the incinerator. This process burns the paper off the coil wire. The incinerator is operated under a
permit issued by Kansas Department of Health and Environment. In both cases the recovered
copper and/or aluminum are shipped to smelters.
Description
# 1 Copper
#2 Copper
Aluminum
Brass
Mild Steel
Silicone Steel
Cast Iron
Bushing Porcelain
Paper Fluff
Ash
<50 ppm Oil
50 - 499 ppm
Carcasses
> 49 ppm Oil
Debris >49 ppm
Capacitors
Bushings
Waste Streams
Vendor Disposition
PMX - Cedar Rapids, IA Smelted
Samuels Recycling - Madison, WI
Metal Exchange - St. Louis, MO
Warrenton Copper Recycling - Warrenton, MO
Lakeside Metals - Cleveland, OH
Metal Exchange - St. Louis, MO Smelted
Warrenton Copper Recycling - Warrenton, MO
Metal Exchange - St. Louis, MO Smelted
Lakeside Metals - Cleveland, OH
Maher International - Barnaby BC Canada Smelted
Glickman Recycling LLC - Wichita, KS Smelted
N.R. Hamm Landfill
PO Box 17
Perry, KS 66073
KDHE Permit No. 394
Industrial Solid Waste Disposal Authorization No. 05-0372 (porcelain)
Industrial Solid Waste Disposal Authorization No. 05-0683 (fluff)
Industrial Solid Waste Disposal Authorization No. 05-0573 (ash)
Municipal Solid
Waste Landfill
Environmental Management of KC, Inc.
861 S 66th Terrace
Kansas City, KS 66111
EP A ID No.KSR 000 007 229
Chemical Detoxification
Solomon Corporation Scrap Metal Oven
Source Permit No. 0410020
Incineration
Decontamination
Clean Harbors (pPM) LLC
Rt 3, Box 65
Coffeyville, KS 67337
EPA ID No.KSD 981 506025
Chemical Detoxification
Incineration
US Ecology
PO Box 578
Beatty, NY 89003
EPA IDNo. NYT 330010000
TSCA Landfill
Field Service
Solomon Corporation has performed field service work on thousands of transformers without incident.
We would welcome the opportunity to have you discuss your specific requirements prior to any decision
you make concerning our capabilities for meeting your needs. In large measure, the specific answer
would be dictated by the size and the contamination level of the equipment.
In general, our preferred method of operation would be to do as much of the work as possible in our
facility to limit the possibility of spill or exposure incidents at the customer's site. Where work must be
done at the customer's site to allow for rigging and removal of equipment or to facilitate transportation
of materials, any field dismantling is performed in accordance with the customer's specifications.
Transportation
Solomon Corporation maintains complete capabilities for transportation of electrical equipment.
Generally, the most convenient means of addressing our transporter and delivery requirements is to
utilize our own fleet. Scheduling requirements are relatively flexible compared to much of the industry.
These vary by type of service required and may be obtained through your normal Solomon contact.
Transporter Permits
EPA ID No. KSD 054757646
Registration Expiration
State Number Date
California 3663 04/3012007
Colorado HMP-03159 10/25/2007
Illinois UPM-0072332-0H 01/01/2007
Michigan UPM-0072332-0H 01/01/2007
Minnesota UPM-0072332-0H 01/01/2007
Missouri 06H26002000 07/15/2007
Nevada UPM-0072332-0H 01/01/2007
Ohio UPM-0072332-0H 01/01/2007
Oklahoma UPM-0072332-0H 01/01/2007
Texas 47047 None
West Virginia UPM-0072332-0H 01/01/2007
US DOT ill No. 072332
US DOT Hazardous Material Certificate of Registration No. 060706 5500970 (expires 06/30/07)
Subcontractors
Incineration
Clean Harbors (PPM) LLC, Rt 3, Box 65, Coffeyville KS 67337
EP A ill No. KSD 981 506 025
oil and debris >49 ppm PCB; electrical equipment >499 ppm PCB
Oil Marketer
Environmental Management of KC Inc, 861 S 66th Terrace, Kansas City KS
66111
EP A ID No. KSR 000 007 229
oil <50 ppm PCB
John Scoggins Company, PO Box 1388, Sallisaw, OK 74955
EP A ill No. OKD 075 669788
oil <50 ppm PCB
PCB Landfill
US Ecology, Inc., PO Box 578, Beatty, NV 89003
EPA ill No. NVT 330 010 000
capacitors, bushings
Metals Brokers
Glickman Recycling LLC - Wichita KS
mild steel, silicone steel, cast iron
Metal Exchange - St Louis MO and Lakeside Metals - Cleveland OH
aluminum
Maher Intemational- Barnaby BC Canada
brass
PMX - Cedar Rapid IA; Samuels Recycling - Madison WI
# 1 copper
Metal Exchange - St Louis MO; Warrenton Copper Recycling - Warrenton MO
#2 copper
Hazardous Waste Transporter
Clean Harbors Environmental Services Inc, 1 Hill Avenue, Braintree MA 02184
EP A ill No. MAD 039 322 250
SPCC Plan
Solomon Corporation has a Spill Prevention Control and Countermeasures Plan in place in
accordance with 40 CFR 112. This Plan is intended to prevent pollution caused by the
discharge of mineral oil with and without low concentrations of PCBs.
This Plan is intended to be an integral environmental document in conjunction with Solomon
Corporation's environmental compliance practices a.Q.d procedures.
This Plan has been developed from data, information and drawings provided by Solomon
facility personnel. A complete facility survey was performed to identify spill potential at oil
storage and unloading facilities, loading docks, maintenance areas and other remaining areas,
which have spill potential.
The entire Plan is available for review at Solomon Corporation corporate office.
EPA Inspections
January 5,2006
James Dworak of the US EP A, Region VI conducted a routine PCB inspection of our
facility. No obvious deviations of the final PCB rule of the Toxic Substance Control
Act noted during this inspection.
March 22, 2005
Ralph Pugh and James Dworak of the US EP A, Region VII conducted a routine PCB
inspection of our facility. No obvious deviations of the fmal PCB rule of the Toxic
Substance Control Act noted during this inspection.
December 8, 2004
Ralph Pugh of the US EP A, Region VII conducted a routine PCB inspection of our
facility. No obvious deviations of the final PCB rule of the Toxic Substance Control
Act noted during this inspection.
July 22, 2004
Ralph Pugh of the US EP A, Region VII conducted a routine PCB inspection of our
facility. No obvious deviations of the fmal PCB rule of the Toxic Substance Control
Act noted during this inspection.
December 10,2003
Ralph Pugh of the US EP A, Region VII conducted a routine PCB inspection of our
facility. No obvious deviations of the final PCB rule of the Toxic Substance Control
Act noted during this inspection.
April 16, 2003
Ralph Pugh of the US EP A, Region VII conducted a routine PCB inspection of our
facility. No obvious deviations of the fmal PCB rule of the Toxic Substance Control
Act noted during this inspection.
Employee Training
All employees must complete a comprehensive initial training and must participate in
periodic update and annual refresher training. This consists of a common curriculum for all
employees, encompassing an overview of all company activities, regulatory requirements,
environmental and occupational safety and health hazards, and hazard communication
standards.
Beyond this initial training, each new employee's further training is tailored to their initial
job responsibilities. Plant employees receive more in depth training including SPCC (Spill
Prevention, Control and Countermeasures) Plan requirements and procedures, and in the
standard operation procedures for their particular department. All of these include extensive
safety training.
CITY OF
ASHLAND
Council Communication
Acceptance of a Deed of Dedication
Meeting Date: February 6, 2007 pnmary Staff Contact: Michael W. Franell . j #
Department: Legal E-mail: franellm@ashland.or.us :; /
Contributing Departments: Secondary Staff Contact:
Approval: Martha Benn E-mail:
Estimated Time: Consent
Statement:
The Waldorf School has negotiated dedication of a right of way to facilitate a public bicycle and pedestrian path required as
a condition of their planning Approval. The City is required to formally accept any land dedications to the City.
Background:
As a condition of planning approval, the Waldorf School, a private elementary school proposed on
property located at 631 Clay Street, was required to record a pedestrian/bicycle easement from
Clay Street to the Clay Street Park. Condition No. 8 reads:
That the pedestrian path linking Clay Street to the westerly property line, and the
pedestrian crossing linking the pedestrian path to Clay Street Park shall be installed with
the landscaping improvements prior to issuance of the first certificate of occupancy for
Phase I construction. That a public pedestrian easement shall be recorded for the
length of the path from Clay Street to the Clay Street Park and evidence submitted
to the Planning Division prior to issuance of a building permit. That the applicant
shall be responsible for the full cost of the pedestrian, improvement, design and
installation. That evidence of the approval of the crossing design and location by the
Ashland Parks Department shall be submitted prior to installation of improvements.
(emphasis added).
The deed of dedication will facilitate replacing the easement the Waldorf School has already
granted with a new path, which will eliminate the need to build a bridge across a creek. Public
Works has reviewed the proposed dedication and has approved its use to meet the planning
department condition.
Staff Recommendation:
Authorize the Mayor to accept the Deed of Dedication.
r~'
Potential Motions:
I move the Council authorize the Mayor to accept the deed of dedication for a
public bicycle and pedestrian path.
Attachments:
Executed Deed of Dedication.
r.l1
After recording return to:
City of Ashland, Oregon
20 E. Main Street
Ashland, OR 97520
Send tax statements to:
City of Ashland, Oregon
20 E. Main Street
Ashland, OR 97520
DEED OF DEDICATION FOR PUBLIC BICYCLE AND PEDESTRIAN PATH
KNOW ALL MEN BY THESE PRESENTS, that Jeffrey Hauptman (hereinafter
"Grantor"), being the owner of the herein described property, does, pursuant to ORS
92.175(1)( c), hereby dedicate, grant, bargain, sale and convey to the City of Ashland, a
municipal corporation of the State of Oregon, its successors in interest and assigns (hereinafter
"Grantee"), and Grantee hereby accepts from Grantor, all of Grantor's interest in the following
real property located in the City of Ashland, Jackson County, Oregon, such property to be used
by Grantee for public access for pedestrians and bicyclists and for no other purpose, bounded and
described as follows, to wit:
A 9.00 foot wide Public Pedestrian Easement to the City of Ashland, over and across Lot
3, Block I, Agape Subdivision in the City of Ashland, Oregon, according to the official
plat thereof, now of record in Jackson County, Oregon, and described within Instrument
No. 2005-059290 of the Official Records of said County, lying situate within the
Northwest Quarter of Section 14, Township 39 South, Range 1 East of the Willamette
Meridian, in the City of Ashland, Jackson County, Oregon, more particularly described
and bounded as follows, to wit;
Beginning at a 5/8 inch iron pin at the Northeast Comer of Lot 3, Block 1, Agape
Subdivision according to the official plat thereof, now of record in Jackson County,
Oregon; thence South 00002'01" East along the east line of said Lot 3, a distance of 9.00
feet; thence North 89054'47" West, parallel with and 9.00 feet South of the North line of
said Lot 3, a distance of 16.00 feet; thence North 00002'01" West parallel with and 16.00
feet West of the East Line of said Lot 3, a distance of 9.00 feet to the North line of said
Lot 3, thence South 89054'47" East, 16.00 feet to the POINT OF BEGINNING.
TO HAVE AND TO HOLD, the above described and granted premises unto the said
Grantee, its successors in interest and assigns forever.
The true consideration for this conveyance is $1.00, the receipt of which is hereby
acknowledged by Grantor. OC(i.fe3I~
IN WITNESS WHEREOF, the Grantor has executed this i~st ent this 2.2 day of ~
2006.
STATE OF OREGON )
) ss.
County of Jackson )
This instrument was acknowledged before me on this~3~ day of October, 2006, by Jeffrey A.
Hauptman.
-~'""'"""'.
Before me:
)FFICIAL SEAL
NANCY SNOW
;'.1 :~OTARY PUBLIC-OREGON
" COMMISSION NO. 384505
MY COMMISSION EXPIRES SEPT. 08, 2008
~~.~
Notary Publ c for Oregon
My commission expires: q - g -() ~
ACCEPTED BY:
City of Ashland, a municipal corporation of the State of Oregon
by: John Morrison, Mayor
Date
CITY OF
ASHLAND
Council Communication
Approval for Ashland to Continue in Lawsuit
Meeting Date: February 6, 2007 Primary Staff Contact: Michael W. Franell~/1
Department: Legal ^ E-mail: franellm@ashland.or.us I
Contributing Departments: ~!J Secondary Staff Contact:
Approval: Martha Benne , E-mail:
Estimated Time: Consent
Statement:
Ashland as well as a number of other Oregon cities filed a lawsuit against Owest communications when they unilaterally quit
paying franchise fees for their utilities located in the public right of way. The Federal District Court has ruled in favor of the
cities on all counts of the lawsuit. Owest has appealed that decision to the 9th Circuit Court of Appeals. The League of
Oregon Cities has helped the cities involved by hiring the Beery & Elsner firm from Portland to represent our view point.
They need the permission of the City to continue representing us in the appeal. The LOC staff has requested the League
Executive Board to authorize continued participation by the League in the legal costs. That approval has not yet been
granted, but it is anticipated that it will be approved.
Council Options:
Authorize Ashland's continued participation.
Authorize Ashland's continued participation contingent on the financial participation by the League of
Oregon Cities
Don't authorize Ashland's continued participation.
Staff Recommendation:
Authorize Ashland's continued participation in the lawsuit.
Potential Motions:
I move the City Council authorize Ashland's continued participation as a named party in the appeal by
Qwest to the 9th Circuit Court of Appeals in the franchise case.
Attachments:
None.
~~,
CITY OF
ASHLAND
Council Communication
Request for Approval of Fee and Policy Recommendations
Meeting Date: February 6,2007 Primary Staff Contact: Rachel Teige ~
Department: Parks and Recreation E-mail: teiqer@ashland.or.us/.....1
Contributing nts: None Secondary Staff Contact: Don Robertson ~
Appr al: Estimated Time: Public Hearing
Statement:
As part of the goals of the Ashland Parks and Recreation Commission in the 2005-2006 fiscal year, a
fee and policy study for all of the indoor and outdoor facilities was conducted. Staff spent time
reviewing all facility fees and policies within the department and researched fee and policies
throughout the state of Oregon.
Staff Recommendation:
Staff recommends approval of Parks and Recreation commission recommendations on fees and
policies.
Background:
After the research and comparisons were conducted, cost of services (expenditures) were determined
which include custodial time, utilities, facility manager staff time, materials and services and the City
of Ashland facility use fee. Comparisons were done on revenues and expenditures and it was
determined that at this time cost recovery is at 17.5%.
In October, November and December of2006 and January of2007, the Parks and Recreation
Commission held study sessions to discuss all rentable indoor and outdoor facilities managed by the
Ashland Parks and Recreation Department. Discussed at the meetings were sports fields, Lithia Park
and indoor facilities including The Grove, Pioneer Hall, Community Center and Hunter Park Senior
Center.
Current and past facility users were invited to attend and give their input and feedback. Staff gave a
presentation at each of the meetings and included research and comparisons regarding policies and fees
from around the state of Oregon. User feedback was taken into consideration and reasonable fee
adjustments at 31 % cost recovery were recommended. Parks Commissioners asked staff to prepare fee
adjustments to consider with 50% cost recovery for comparison.
During the fee and policy study some concerns came to light on groups that currently use the
Community Center and Pioneer Hall. The first concern is grand fathered groups. These groups have
free use of buildings based on donation of buildings to the City of Ashland. These groups include the
American Legion, VFW, Boy Scouts and the Women's Civic Club.
The second concern dates back to November 3, 1987 in which the Ashland Community Folk Dancers
which are considered a grand fathered group, but actually pay the long term user fee of $1 0 per hour,
~~,
were given exclusive use of the Community Center each Friday evening. A policy was adopted by the
City Council whereby the grandfathered groups, may be bumped no more than six times per year. The
bumping process can only happen if it is for another community event of at least 50 people. Private
events such as weddings, parties and private meetings are excluded. (see attached city council minutes
from 11/3/87). Friday nights at the community center could be revenue generating if staff had the
ability to book private events at the weekend hourly rate cost.
The third concern is the City facility use fee of $44,000 that the Parks and Recreation department
began paying in fiscal year 2005-2006 for long term building maintenance on all indoor facilities. The
Parks and Recreation Commission feels that ifthe current policy of grandfathered groups stays in place
that the facility use fee should be partially waived for those groups grandfathered prior to the
institution of this fee.
Staff presented the final fee and policy recommendations to the commission on January 22,2007. The
Parks and Recreation Commission approved the recommendations
1. Make a recommendation to the City Council on the proposed fee increases that will recover
31 % of the costs associated with operating and maintaining all facilities.
2. Recommend to the Ashland City Council that all users of facilities that have historically used
the facilities for free, continue to be able to do so.
3. Recommend to the Ashland City Council that the Ashland Folk Dancers continue to receive the
long term user rate and that Ashland Parks and Recreation Department staff have the ability to
move the folk dancers to another facility at their discretion based on other reservations at the
Community Center.
4. Recommend implementation of the new fee and policy schedule to begin on July 1, 2007.
5. Complete an annual review of all facility fees and adjust rates.
Related City Policies:
Council Options:
1.Approve recommendations from Ashland Parks and Recreation Commission.
2.Send back recommendations for adjustments.
3.Deny recommendations. No change to current fee structure.
Potential Motions:
Move to approve on behalf of the Parks and Recreation Commission the recommended fee and
policy schedule for indoor facilities at a cost recovery or 31 % beginning on July 1, 2007 and that
all current grandfathered groups continue to have free usage based on the past donation of the
buildings to the City of Ashland, and that the Ashland Folk Dancers be moved to another facility
based on the needs of other private or public events.
Attachment:
Fee and Policy Recommendations
11/3/1987 City Council Minutes-Bumping Policy
Recommendations from Ashland Parks and Recreation Commission
r~'
ASHLAND PARKS AND RECREATION COMMISSION
340 SO. PIONEER STREET
ASHLAND, OREGON 97520
COMMISSIONERS:
Don Robertson
Director
Diane Amarotico
JoAnne Eggers
Michael Gardiner
Jim Lewis
Rich Rosenthal
TEL: (541) 488-5340
FAX: (541) 488-5314
MEMORANDUM
TO
Ashland Parks and Recreation Commission 6
FROM
Rachel Teige, Recreation Superintendent
DATE
January 17,2007
SUBJECT
Facility Fee and Policy Study Recommendations
Action Requested
Recommend approval.
Back2:round
In November and December of2006 and January of2007, the Parks and Recreation
Commission held three study sessions to discuss all rentable indoor and outdoor facilities
managed by the Ashland Parks and Recreation Department. Discussed at the meetings
were sports fields, Lithia Park and indoor facilities including The Grove, Pioneer Hall
and the Community Center.
Current and past facility users were invited to attend and give their input and feedback.
Staff gave a presentation at each of the meetings and included research and comparisons
regarding policies and fees from around the state of Oregon.
Based on feedback from the public, research from staff and input from Commissioners,
staff recommends the following:
1. Based on the last 6 years of amplified events at the bandshell the recommendation
is for no more than three amplified events per week in the bandshell.
2. Change the attached policy on priority usage of lighted fields at North Mountain
Park to include baseball and softball.
3. Make a recommendation to the City Councll on the proposed fee increases that
will recover 31 % of the costs associated with operating and maintaining all indoor
facilities.
Home of Famous Lithia Park
4. Recommend to the Ashland City Council that all users of facilities that have
historically used the facilities for free, continue to be able to do so.
5. Recommend to the Ashland City Council that the Ashland Folk Dancers continue
to receive the long term user rate and that Ashland Parks and Recreation
Department staff have the ability to move the folk dancers to another facility at
their discretion based on other reservations at the Community Center.
6. Recommend implementation ofthe new fee schedule to begin on July 1,2007.
7. Complete an annual review of all facility fees and adjust rates.
'prill I;:;r IVIPprl nn
Regular' Meeting
~
Ashland City council ll/Uj/~; ~. L
lILt-A>-'< CI /LJL_ll.:i....- ~c....{ tl...-L4 r:;;l_/-'l':/ I .,~-,...."*' ,<..
(,/)!.....;{ / b-t.J. ~ I b '@ 1/. I 7 ' I\\"Q_~...).:;;A.)'" '~)
))
COMMUNICATIONS, PETITIONS &: REMONSTRANCES:
Community Center A letter from Planning Director John Fregonese was
read concerning the history and use of the Community
Center in recent years, and a request to continue with
the present policy of occasionally booking the Center
to groups other than the Folkdancers on Friday nights.
On a question from Arnold, Fregonese said the contract
calls for 30 days notice to terminate. Reid feels the
Folkdancers serve a need in the community. Elerath
said they have been using the Center for 15 years and
it wasn't fair to bump them. He can see the need for
,them to have a regular meeting place and if they are
not paying their fair share, they should be asked to
pay more.
Arthur Clemons, 175 California St., spoke for the
Folkdancers explaining that the same people don't
dance every time, therefore it's hard to measure the
number of people they serve. Their dances have
various levels of difficulty but the steps are learned
very easily and all age groups get involved. They
have tried to get a formal policy. on the use of the
center, and don't object to being bumped once in a
while but want to be assured it won't happen too
often. On a question from Arnold concerning problems
with dancing other places, Cl~mons said the Legion
Hall's floor is too hard, and the lighting is poor.
Laws asked if the group would be open to being bumped
six times a year if it was not more than twice in any
three-month period, and Clemons said yes.
Bill Ashworth, 201 Granite St., said the real issue is
whether the building is a Community Center or a
Performing Arts Center. He noted there 'were 36 people
from their group in the audience, and felt a Community
Center Board should be appointed to run the Center.
Mirriam Marrs, 150 Sixth St., said it would be appro-
priate for some groups to use Hunter Park and she
would be willing to serve on a Community Center Board.
Dan Hamnet of Talent talked of the difficulty of
moving their equipment which is stored there and said
the acoustics in the Center aren't the best for
musical performances. He ~sked if City had been
soliciting groups specifically for Friday nights and
Fregonese said no, they market the Center for use
at all times. '
11/03/87 P. 2
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.......'-'- '-......a..a.~
l'AioJ,LJ...&..U.l.&.\0.4
'-..... \...:t
'-V\..U.Io'-..L-L
.!..J..fV-'/VI
.... ....
COMMUNICATIONS, PETITIONS & REMONSTRANCES: (Continued)
Community Cente:r Michaele Sallade', 8 Beach Street, felt City was
soliciting to rent Center ,to other groups to get more
revenue, but understood the Children's Group had been
offered free use. She also read a letter from the
Heather & Rose Scottish & English Dancers in support
of the Folkdancers.
Current Drought.
"B" St. Property
Purchase
UNFINISHED BUSINESS:
Liquor License/
'Property Taxes.
Councilor Laws suggested a policy be adopted whereby
the grandfather groups using the center be bumped no
more than six times a year, including once for the
annual maintenance of'the building, and not more than
twice in a three-month period. These groups will only.
be bumped by groups meeting the following conditions:
1) they give six weeks notice; 2) they are open to the
public; 3) their activity is of general interest to
the public; and 4) they have an expected attendance of
50 or more. Laws made the foregoing a motion which
was seconded by Elerath. The motion passed
unanimously on voice vote.
Director of Pub~ic Works Alsing said there has been a
little rain lately and we're in good shape. He
suggested waiting a couple weeks before taking conser-
vation measures. No action necessary.
City Administrator Almquist said the seller had
accepted the City's offer of $16,000 and it was now
necessary for Council to authorize the Mayor and City
Recorder to sign the agreement. Reid so moved,
Elerath seconded the motion which passed unanimously
on voice vote.
It was decided to hold the discussion of the liquor
license/property tax payment issue prior to talking
about the Mark Antony liquor license~ Councilor
Arnold said its good for business to have taxes paid
~nd we should stay with original policy. Laws fel~
lessees should not be penalized when they have no
control over payment of taxes on a leased building.
Williams wanted to be flexible and give owners a time
frame-to pay taxes current; review the tax rolls each
year and if not paid, revoke liquor license recommen-
dation. Acklin was not opposed to being flexible.
Mayor Medaris noted t~at alcohol causes the majority
of problems for our Police Dept., which is funded
partially by property taxes.
11/03/87 P. 3
Facility & Park Rental Fee and Policy
Recommendations
Facility or Park Current Recommendation
Location
Lithia Park- Residents: $200 $450 for park use or
Wedding Rentals Non Residents: $250 $750 for wedding package
(1 full day use) Package=Lithia park
wedding site and usage of
C.C or PH
(1 full day use)
Make Lithia Park
reservations as long as 1
year in advance.
Allow 2 weddings a day in
the park with an
occasional exception.
Amplified sound is
prohibited in all areas of
Lithia Park with the
exception of the
Bandshell.
Scheduling of all facilities
is at the discretion of
Ashland Parks and
Recreation staff within
parks policies and
guidelines.
Lithia Park- C. Mem. Area: $50 Keep fees the same. Limit
Group Picnic Areas Madrone Area: $40 the rental time to 4 hrs
Top Southern Lawn: $35 instead of all day to
Hillside Picnic Area: $35 accommodate more
(for 1 full day use) reservations.
Lithia Park - Must be 21 years of age to
Butler Bandshell Butler Bandshell: $50 rent any facility, ballfield
or park area.
Signed contract with all
outlined policies on
bandshell contract
$150 and limit rental time
to 8 hrs.
No more than three
amplified bandshell
rentals per week.
Lithia Park - Weddings: $25 Weddings: $25
Refundable Security Picnic Areas: $25 Bandshell: $150
Deposits Bandshell: $25 Picnic Areas: $50
Pioneer Hall All Day Rental: $220 Eliminate All Day Rental
Rental Rates Weekday Rental: $11.50/hr Fee
Weekend Rental: $18.50/hr Weekday Rental: $13.00/hr
Weekend Rental: $21.00/hr
Community Center All Day Rental: $220 Eliminate All Day Rental
Rental Rates Weekday Rental: $11.50/hr Fee
Weekend Rental: $l8.50/hr Weekday Rental: $13.00/hr
Small Meeting Rm: $6.50/hr Weekend Rental: $21.00/hr
Small Meeting Rm: $10/hr
Comm Ctr/Pioneer Must be 21 years of age to
Hall/The Grove- Security Deposit: $100 rent any facility, ballfield
Deposits Cleaning Deposit: $100 or park area.
Alcohol Deposit: $150 Eliminate cleaning deposit
Security Deposit: $150
Alcohol Fee: $100
(non-refundable)
The Grove- All Day: $350 Eliminate All day Rental
Full Facility Hourly/wkdy: $25.50 Fee
Rental Rates Hourly/wknd: $30 Hourly/wkdy: $27
Hourly/wknd: $32
The Grove- All Day: $200 Discontinue gym rentals.
Gym Hourly/wkdy: $18.50 Must rent full facility to
Rental Rates Hourly/wknd: $20.50 utilize gym.
The Grove- All Day: $175 Eliminate All Day Rental
Otte/Peterson Conference Hourly/wkdy: $12.50 Fee
Room Hourly/wknd: $14.50 Hourly/wkdy: $14.00
Rental Rates Hourly/wknd: $16.00
Hunter Park Senior Non Profit: $10.00 per hour Non Profit: $12.00 per hour
Center For Profit: $12.00 per hour For Profit: $14.00 per hour
Allow for rentals of the
carpeted room.
Field Usage Tournaments: $15 per Tournaments: $20 per
team/per day team/per day
Lights: $25 per day
Lights: $25 per day or $10
per hour.
Field Usage None 1. Must be 21 years of
age to rent any
facility, sports field
or park area.
2. Fill out field usage
application.
3. Attend mandatory
field meeting one
time per year.
4. Continue to
encourage coaches
training.
5. Require certificate
of insurance for field
usage.
6. League schedule
must be submitted to
facility manager at
least 3 weeks before
season begins.
Other Recommendations:
. Increase long term user fee from $9.00 per hour to $10.00 per hour. A long term
user is defined as anyone using an indoor facility (The Grove, Pioneer Hall and
the Community Center) at least 6 times per year.
. Non park vehicle access is prohibited without a permit on all pathways.
ASHLAND PARKS AND RECREATION COMMISSION
340 SO. PIONEER STREET
ASHLAND, OREGON 97520
COMMISSIONERS:
Don Robertson
Director
Diane Amarolico
JoAnne Eggers
Michael Gardiner
Jim Lewis
Rich Rosenthal
TEL.: (541) 488-5340
FAX: (541) 488-5314
MEMORANDUM
TO
Ashland Parks and Recreation Commission (D
FROM
Rachel Teige, Recreation Superintendent
DATE
January 17, 2007
SUBJECT
Facility Fee and Policy Study Recommendations
Action Requested
Recommend approval.
Back2:round
In November and December of2006 and January of 2007, the Parks and Recreation
Commission held three study sessions to discuss all rentable indoor and outdoor facilities
managed by the Ashland Parks and Recreation Department. Discussed at the meetings
were sports fields, Lithia Park and indoor facilities including The Grove, Pioneer Hall
and the Community Center.
Current and past facility users were invited to attend and give their input and feedback.
Staff gave a presentation at each of the meetings and included research and comparisons
regarding policies and fees from around the state of Oregon.
Based on feedback from the public, research from staff and input from Commissioners,
staff recommends the following:
1. Based on the last 6 years of amplified events at the bandshell the recommendation
is for no more than three amplified events per week in the bandshell.
2. Change the attached policy on priority usage of lighted fields at North Mountain
Park to include baseball and softball.
3. Make a recommendation to the City Councll on the proposed fee increases that
will recover 31 % of the costs associated with operating and maintaining all indoor
facilities.
Home of Famous lithia Park
Council Communication
CITY OF
ASHLAND
Approval of City Charter Ballot Measure
Meeting Date:
Department:
Contributing
Approval:
Estimat
February 6, 2007
dministration
ments: Legal
Primary Staff Contact:
ann@ashland.or.us
Secondary Staff Contact: Mike Franell
franellm@ashland.or.us
Ann Seltzer ~
in utes
At the council meeting on January 16, 2007 council reviewed the draft ballot measure language for the revised
city charter and city manager and requested changes including the real estate transfer tax provision approved by
voters in November 2006.
Staff Recommendation:
Review the ballot measure language and direct staff to prepare final ballot measure language and send to the
City Recorder for noticing by March 8 and to the Jackson County elections office by March 15.
Background:
A review of the city charter was a 2004-2005 council goal. A charter review committee was appointed during
the summer of 2004 and presented its final report to the Council on July 19,2005.
At the council meeting on December 1, 2005 the Council agreed to move forward with a revised city charter
based on the Oregon Model Charter and to incorporate recommendations of the charter review committee with
the exception of the recommendations #1, #2 and #4. Council agreed that recommendation #1, shifting from a
city administrator to a city manager working in partnership with the Mayor, would be drafted and presented to
voters as a separate ballot measure.
In addition, Council expressed interest in the committee's recommendation to study the issues of the city
recorder and municipal judge as well as councilor salaries.
The City Council held a special meeting on February 16, 2006 and a study session July 13, 2006 to discuss the
charter. At the October 3, 2006 council meeting, the council adopted a schedule for placing the two charter
measures on the May 2007 ballot and to release the draft for public comment.
Council Options:
· Direct staff to prepare final ballot measure language and send to the City Recorder for noticing by
March 8 and to the Jackson County elections office by March 15.
· Identify changes and direct staff to make revisions for council review on February 20.
Attachments:
· Draft ballot measures Revised City Charter and City Manager
· Draft Revised City Charter
· Draft City Manager Amendment
· Existing City Charter
Ballot Measure Language
Revised City Charter
Caption: Adopts Revised Ashland Charter
Question: Shall Ashland adopt charter revising language and removing sectIOns that have been
superseded by state law?
Statement: The proposed charter would revise the language by adopting the framework of the
model charter developed by the League of Oregon cities. It would eliminate specific dollar
amounts, such as the City Recorder and Municipal judge salaries. It would eliminate tax levy
references within the charter, such as levy authority for the Parks Department and the City Band,
that have become obsolete due to voter initiated changes in Article XI, Section I 1 of the Oregon
Constitution. The proposed charter would also update charter provisions to be consistent with
changes in the Oregon Constitution, Oregon laws or Oregon court decisions. Specifically, the
proposed charter: removes provisions defining the boundaries of the City; removes provisions
governing election procedures; removes provisions relating to property tax levy procedures; and,
removes provisions relating to bidding public projects, as these provisions are all governed by
current state statutes. In addition, the proposed charter removes various other provisIOns that are
governed under state statutes.
Maximum number of words allowed is 500 for each explanatory statement
Explanatory Statement:
This measure replaces the existing Ashland City Charter. This revised city charter is based on the
Oregon Model Charter and includes language from the existing charter that reflects the specific
history and character that defines the Ashland community.
In 2004 the Mayor and council established the Charter Review Committee. The committee was
directed to conduct an independent assessment of the existing charter, last reviewed in 1978, and,
if necessary to draft a new or amended document suitable to "serve the community ell into the
future". Committee members included co-chairs, John Enders and Carole Wheeldon, and
members Hal Cloer, Kate Culbertson, Laurie MacGraw, Pam Marsh, Don Montgomery, Keith
Massie, and Michael Rledeman.
The committee met more than twice a month over 12 month period. Each meeting was advertised
and open to the public. In addition, numerous articles appeared in the local papers and the
committee held community forums to glean public input about the charter. They made their final
recommendation to the city council in July of 2006.
The committee agreed that the task would require more than a cursory review and agreed to
undertake a systematic and comprehensive analysis of the charter. After extensive discussion, the
committee decided to adopt the Oregon Model Charter, developed by the League of Oregon
Cities, as a template for the revised Ashland City Charter. The intent was to produce a document
that clearly identifies the authority and accountability of local government and that reflects
current state law. At the same time the revised charter should continue to reflect items unique to
Ashland.
The committee agreed to eliminate all language provisions that have been superseded by state law
and to eliminate all reference to finances believing that expenditures of public dollars belong in
the annual budget process rather than in the city charter.
The committee then focused on key issues critical to the conduct of local government and made
ten specific recommendatlOns to the City Council including three which deviated from the current
charter: a change in the form of government from a mayor/council to a council/manager, giving
the Mayor a vote, and changing the method of electing councilors. The council felt these three
recommendations, should not be in the revised charter, but felt the form of government question
should be posed separately to the voters.
All items related to the conduct of local government which exist in the current city charter and are
unique to Ashland are included in the revised city charter including the current form of
government, the Mayor does not have a vote, council elections are by position, an elected city
recorder and municipal Judge, an elected Parks and Recreation Commission and the existence of
an Ashland City Band.
The revised city charter differs from the existing city charter in three ways: the elimination of all
reference to financing, the requirement to review the charter every ten years, the elimination of
language superseded by state law.
(Excerpt from the Final Report and Recommendations of the Charter Review Committee)
TOTAL word count: 485
Ballot Measure Language
City Manager
Caption: Changes form of government to a Council/Manager form.
Question: Should the Ashland Charter be amended to change from Mayor as chief executive
officer to Council/Manager form of government?
Statement: This provision will be effective if it is approved by the voters irrespective of whether
the proposed revised charter is adopted. Language is included amending either the existing
charter or the proposed revised charter. The current structure of government in Ashland provides
the Mayor is the chief executive officer of the City. The Mayor is supported in that role by a City
Administrator. The Mayor's powers include appointment, supervision and removal of City
department heads and presentation of the annual proposed budget. If this amendment is
approved, the City Administrator position would become the City Manager position and would
assume the responsibilities of hiring, supervising and removal of City department heads and
preparation and presentation of the proposed annual budget. The Mayor would continue to serve
as the political head of the City. The City Manager would become the chief executive officer.
The City Council would continue to serve as policy makers. The City Manager would be charged
with carrying out the policies established by the City Council.
Explanatory Statement:
This measure changes the current form of government from mayor/council to council/manager.
Passage of this measure retains the Mayor as the political leader of the City and gives chief
executive authority to the City Manager.
Understanding and analyzing the appropriate roles and responsibilities that should be assumed by
elected and appointive officials consumed months of the Charter Review Committee's efforts and
generated significant interest from elected and appointed officials (current and retired) and from
members of the public. In the end, the committee voted unanimously to recommend a change in
the current Ashland form of government from a mayor/council to council/manager. The City
2
Council decided such a substantive change should be decided by the voters as a as a ballot
measure separate from the city charter ballot.
In the current city charter the Mayor is the chief executive officer of the organization -
essentially the administrative head of the city as well as the political head of the city. The City
Administrator provides administrative support to the Mayor.
Under the current form of government the City Administrator acts as the head of the organization
but has no authority over the hiring and firing of employees, specifically senior level department
heads. A change in the form of government provides for a professional manager to oversee the
administration of the city and to implement the policies established by the council. The form of
government draws clear lines between the policy makers and the administration and gives full
administrative authority to the City Manager.
The Charter Review Committee final report is available at City Hall and at w\vw.ashland.oLlls.
(Excerpt from the Final Report and Recommendations of the Charter Review Committee)
************************************************************************
Oregon Revised Statute (ORS) 250.035 sets forth the required components for Ballot Measure
Titles. The statute provides in relevant part:
250.035 Form of ballot titles for state and local measures. (1) The ballot title of any measure,
other than a state measure, to be initiated or referred shall consist of:
(a) A caption of not more than 10 words which reasonably identifies the subject of the measure;
(b) A question of not more than 20 words which plainly phrases the chief purpose of the measure
so that an affirmative response to the question corresponds to an affirmative vote on the measure;
and
(c) A concise and impartial statement of not more than 175 words summarizing the measure and
its major effect.
3
DRAFT REVISED ASHLAND CHARTER
January 17, 2007
CITY OF ASHLAND
CITY CHARTER
PREAMBLE
We, the voters of Ashland, Oregon exercise our power to the fullest extent possible under
the Oregon Constitution and laws of the state, and enact this Home Rule Charter.
Chapter I
NAMES AND BOUNDARmS
Section 1. Title. This charter may be referred to as the 2007 Ashland City Charter.
Section 2. Name. The City of Ashland, Oregon, continues as a municipal corporation
with the name City of Ashland.
Section 3. Boundaries. The city includes all territory within its boundaries as they now
exist or are legally modified. The city will maintain as a public record an accurate and
current description of the boundaries.
Chapter II
POWERS
Section 4. Powers. The city has all powers that the constitutions, statutes and common
law of the United States and Oregon expressly or impliedly grant or allow the city, as
fully as though this charter specifically enumerated each of those powers.
Section 5. Construction. The charter will be liberally construed so that the city may
exercise fully all powers possible under this charter and under United States and Oregon
law.
Section 6. Distribution. The Oregon Constitution reserves initiative and referendum
powers as to all municipal legislation to city voters. This charter vests all other city
powers in the council except as the charter otherwise provides. The council has
legislative, administrative and quasi-judicial authority. The council exercises legislative
authority by ordinance, administrative authority by resolution, and quasi-judicial
authority by order. The council may not delegate its authority to adopt ordinances.
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Chapter III
COUNCIL
Section 7. Council. The council consists of six councilors nominated and elected from the
city at large by position.
Section 8. Mayor.
(a) The mayor presides over and facilitates council meetings, preserves order, enforces
council rules, and determines the order of business under council rules.
(b) The mayor has no vote on council matters unless there is a tie vote. The mayor has
veto authority over council legislative and administrative decisions.
(c) With the consent of council, the mayor appoints members of commissions and
committees established by ordinance or resolution.
(d) The mayor must sign all records of council decisions.
(e) The mayor serves as the political head and chief executive officer of the city
government.
(f) The mayor must:
(1) Appoint, supervise and remove city department heads with the consent of the
councilors;
(2) Deliver an annual state of the city report to the council and public;
(3) Encourage and support regional and intergovernmental cooperation;
(4) Promote cooperation among the council, staff and citizens; and
(5) Perform other duties as assigned by the council.
Section 9. Council President. At its first meeting each year, the council must elect a
president from its membership. The president presides in the absence of the mayor and
acts as mayor when the mayor is unable to perform duties.
Section 10. Rules. The council must adopt by ordinance or resolution rules to govern its
meetings.
Section 11. Meetings. The council must meet at least once a month at a time and place
designated by its rules, and may meet at other times in accordance with the rules.
Section 12. Quorum. The mayor and three councilors or four councilors is a quorum to
conduct business, but a smaller number may meet and compel attendance of absent
members as prescribed by council rules.
Section 13. Vote Required. The express approval ofa majority ofa quorum of the council
is necessary for any council decision, except when this charter requires approval by
greater number. A majority shall in all cases consist of a minimum ofthree votes.
Section 14. Record. A record of council meetings must be kept in a manner prescribed by
the council rules.
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Chapter IV
LEGISLATIVE AUTHORITY
Section 15. Ordinances. The council will exercise its legislative authority by adopting
ordinances. The enacting clause for all ordinances must state "The City of Ashland
ordains as follows:"
Section 16. Ordinance Adoption.
(a) Except as authorized by subsection (b), adoption of an ordinance requires approval by
a majority of a quorum at two meetings.
(b) The council may adopt an ordinance at a single meeting by the unanimous approval of
the councilors present, provided the proposed ordinance is available in writing to the
public at least one week before the meeting.
(c) Any substantive amendment to a proposed ordinance must be read aloud in the
Council meeting or made available in writing to the public before the council adopts the
ordinance at that meeting.
(d) After the adoption of an ordinance, the vote of each member must be entered into the
council minutes.
(e) After adoption of an ordinance, the recorder of records must endorse it with the date
of adoption and the recorder's name and title. The recorder must submit the ordinance to
the mayor for approval. If the mayor approves the ordinance, the mayor must sign and
date it.
(f) If the mayor vetoes the ordinance, the mayor must return it to the recorder with
written reasons for his veto within five business days of passage of the ordinance. If the
ordinance is not so returned, it takes effect as if approved.
(g) At the first council meeting after veto by the mayor, the councilors will consider the
reasons of the mayor and again vote on the ordinance. If four councilors vote to adopt the
ordinance, it will take effect.
Section 17. Effective Date of Ordinances. Ordinances normally take effect on the 30th
day after adoption and approval by the mayor, or adoption after veto by the mayor, or on
a later day provided in the ordinance. An ordinance adopted may take effect as soon as
adopted, or other date less than 30 days after adoption if it contains an emergency clause.
Chapter V
COUNCIL ADMINISTRATIVE AUTHORITY
Section 18. Resolutions. The council will normally exercise its administrative authority
by approving resolutions. The approving clause for resolutions must state "The City of
Ashland resolves as follows:"
Section 19. Resolution Approval.
(a) Adoption of a resolution or any other council administrative decision reqUIres
approval by the council at one meeting.
(b) Any substantive amendment to a resolution must be read aloud in the Council meeting
or made available in writing to the public before the council adopts the resolution at that
meeting.
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(c) After approval of a resolution or other administrative decision, the vote of each
member must be entered into the council minutes.
(d) After approval of a resolution, the recorder must endorse it with the date of approval
and the recorder's name and title. The recorder must submit the resolution to the mayor
for approval. If the mayor approves the resolution, the mayor must sign and date it.
(e) If the mayor vetoes the resolution, the mayor must return it to the recorder with
written reasons for the veto within five business days of passage of the resolution. If the
resolution is not returned, it takes effect as if approved.
(f) At the first council meeting after veto by the mayor, the councilors will consider the
reasons of the mayor and again vote on the resolution. If four councilors vote to adopt the
resolution, it will take effect.
Section 20. Effective Date of Resolutions. Resolutions and other administrative decisions
take effect on the date signed by the mayor, or on a later day provided in the resolution.
Chapter VI
QUASI-JUDICIAL AUTHORITY
Section 21. Orders. The council will normally exercise its quasi-judicial authority by
approving orders. The approving clause for orders may state "The City of Ashland orders
as follows:"
Section 22. Order Approval.
(a) Approval of an order or any other council quasi-judicial decision requires approval by
the council at one meeting.
(b) Any substantive amendment to an order must be read aloud or made available in
writing to the public at the meeting before the council adopts the order.
(c) After approval of an order or other council quasi-judicial decision, the vote of each
member must be entered in the council minutes.
(d) After approval of an order, the recorder must endorse it with the date of approval and
the recorder's name and title.
Section 23. Effective Date of Orders. Orders and other quasi-judicial decisions take effect
on the date of final approval, or on a later day provided in the order or by ordinance.
Chapter VII
ELECTIONS
Section 24. Councilors. At each general election after the adoption of this charter, three
councilors will be elected for four-year terms by position. The terms of councilors in
office when this charter is adopted are the terms for which they were elected.
Section 25. Mayor. At the general election held November 2008, and every other general
election thereafter, a mayor will be elected for a four-year term. The term of the mayor in
office when this charter is adopted is the term for which the mayor was elected.
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Section 26. State Law. City elections must conform to state law except as this charter or
ordinances provide otherwise. All elections for city offices must be nonpartisan.
Section 27. Qualifications.
(a) To hold a city elective position, each person must be a qualified elector under state
law, and reside within the city before election or appointment to office. The Municipal
Judge shall not be required to be a resident of the City of Ashland.
(b) No person may be a candidate at a single election for more than one city office.
(c) Neither the mayor nor a councilor may be employed by the city.
(d) The council is the final judge of the election and qualifications of its members.
Section 28. Nominations.
(a) An eligible elector may become a candidate for an elective city position by filing a
nomination petition or a declaration of candidacy on a form prescribed by the secretary of
state and available from the city recorder.
(b) A declaration of candidacy must be accompanied by the filing fee, if any, established
by council resolution.
( c) A nomination petition must contain signatures of not fewer than 25 city-qualified
electors.
(d) The council may prescribe by ordinance other procedures for the nomination and
election of persons for city elective positions.
Section 29. Terms. The term of an officer elected at a general election begins when the
officer is sworn in after the first of the next year immediately after the election, and
continues until the successor qualifies and assumes the office.
Section 30. Oath. To hold a city elective position each person must swear or affirm to
faithfully perform the duties of the office and support the constitutions and laws of the
United States and Oregon.
Section 31. Vacancies: A city elective position becomes vacant:
(a) Upon the incumbent's:
(1) Death,
(2) Adjudicated incompetence, or
(3) Recall from the office.
(b) Upon declaration by the council after the incumbent's:
(1) Failure to qualify for the office within 10 days of the time the term of office is to
begin,
(2) Absence from the city for 30 days without council consent, which consent shall
not be unreasonably withheld, or from all council meetings within a 60-day period
without council consent, which consent shall not be unreasonably withheld.
(3) Ceasing to reside in the city,
(4) Ceasing to be a qualified elector under state law,
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(5) Disorderly conduct or refusal to perform duties of office. No incumbent may be
expelled without notice, a hearing, and a decision by at least four councilors, or
(6) Resignation from the office.
Section 32. Filling Vacancies. A vacant city elective posItIOn will be filled by
appointment by a majority of the remaining councilors. The appointee's term of office
shall begin immediately upon appointment and shall continue until a successor, elected at
the next biennial election, takes office for the unexpired term. If a a councilor will be
absent from office for more than 60 days with Council consent, the council may appoint a
councilor pro tern.
Chapter VIII
OTHER ELECTIVE OFFICERS
Section 33. City Recorder.
(a) The office of city recorder is established as the council clerk, city custodian of records
and city elections official. The recorder must attend all council meetings unless excused
by the mayor or council. The recorder must make payments of all city funds appropriated
by the council, and may audit city accounting records.
(b) At the general election November 2010 and every other general election after that, a
recorder will be elected for a four-year term. The term of the recorder in office when this
charter is adopted is the term for which the recorder was elected.
(c) When the recorder is temporarily disabled from acting as recorder or when the office
becomes vacant, the council must appoint a recorder pro tern. The recorder pro tern has
the authority and duties of recorder.
Section 34. Municipal Court and Judge.
(a) The office of municipal judge is established. The municipal judge will hold court in
the city at such place as the council directs. The court will be known as the Municipal
Court. The municipal judge must be admitted to practice in the Supreme Court of
Oregon.
(b) At the general election in November 2010 and every other general election after that,
a municipal judge will be elected for a four-year term. The term of the municipal judge in
office when this charter is adopted is the term for which the judge was elected.
(c) All proceedings of this court will conform to state laws governing justices of the
peace and justice courts.
~All areas within the city and areas outside the city as permitted by state law are within
the territorial jurisdiction of the court.
~ The municipal court has jurisdiction over every offense created by city ordinance. The
court may enforce forfeitures and other penalties created by such ordinances. The court
also has jurisdiction under state law unless limited by city ordinance.
~ The municipal judge may:
(1) Render judgments and impose sanctions on persons and property;
(2) Order the arrest of anyone accused of an offense against the city;
(3) Commit to jailor admit to bail anyone accused of a city offense;
(4) Issue and compel obedience to subpoenas;
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(5) Compel witnesses to appear and testify and jurors to serve for trials;
(6) Penalize contempt of court;
(7) Issue processes necessary to enforce judgments and orders of the court;
(8) Issue search warrants; and
(9) Perform other judicial and quasi-judicial functions assigned by ordinance.
~Any defendant requesting jury trial may have a jury of six (6) members by demanding
the same. Any jury chosen shall be governed by the laws of the State of Oregon relating
to juries in the ~tturt, and shall have the qualifications of such jurors resident
within the corporat~H~tts of said City.
~ The council may appoint and may remove municipal judges pro tern.
~ The council may transfer some or all of the functions of the municipal court to an
appropriate state court.
Chapter IX
APPOINTIVE OFFICERS
Section 35. City Administrator. The office of city administrator is established as the
chief administrative officer for the city government under the mayor. The mayor with the
consent of the city council must appoint and may remove the city administrator. The
duties of city administrator shall be established by ordinance.
Section 36. City Attorney. The office of city attorney is established as the chief legal
officer of the city government. The mayor with the consent of the city council must
appoint and may remove the attorney. The attorney must appoint and supervise, and may
remove any legal office employees.
Chapter X
PERSONNEL
Section 37. Compensation. The council must authorize the compensation of city officers
and employees, the City Recorder and the Municipal Judge as part of its approval of the
annual city budget. The council may authorize by ordinance compensation for the mayor
and councilors. Any such ordinance may not take effect before January I of the year after
a council election.
Section 38. Merit Systems. The council by resolution will determine the rules governing
recruitment, selection, promotion, transfer, demotion, suspension, layoff, and dismissal of
city employees based on merit and fitness.
Chapter XI
PUBLIC IMPROVEMENTS
Section 39 Procedure. The council may provide by ordinance for procedures governing
the making, altering, vacating, or abandoning of a public improvement. A proposed
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public improvement may be suspended for six months upon remonstrance by owners of
the real property to be specially assessed for the improvement. The number of owners
necessary to suspend the action will be detennined by ordinance.
Section 40. Special Assessments. The procedure for levying, collecting and enforcing
special assessments for public improvements or other services charged against real
property will be governed by ordinance.
Chapter XII
MISCELLANEOUS PROVISIONS
Section 43. Protection of City Water. Any and all water and water works and water
rights now owned or which may hereafter be acquired by said City, for the purpose of
supplying the residents thereof with water shall never be rented, sold or otherwise
disposed of; nor shall the City ever grant any franchise to any person or corporation for
the purpose of supplying the residents of said City with water.
Section 44. Separate Fire and Police Departments. The City of Ashland shall maintain a
fire department which is separate and distinct from the City police department. The
employees of one department shall not be assigned to do the job functions of employees
in the other department. (Charter amendment 1-4-86).
Section 45. Property Transfer Tax. The Council may impose a property transfer tax or
fee on property being sold or transferred within the City only after receiving approval
from the voters of Ashland.
Section 46. Hospital The council has authority to own, operate and conduct a municipal
hospital.
Section 47. Cemeteries The council has authority to finance the maintenance and upkeep
of public and private cemeteries within the city.
Section 48. Park & Recreation Commission
(a) A park & recreation commission is created with five members nominated and elected
from the city at large by position. At the first general election after the adoption of this
charter and every four years thereafter, three commissioners will be elected for four-year
terms by position. At the second general election after adoption of this charter and every
four years thereafter, two commissioners will be elected for four-year terms by position.
The terms of commissioners in office when this charter is adopted are the terms for which
they were elected.
(b) The park & recreation commission has authority over the management of all city
lands dedicated for park purposes and all other lands acquired by the city for such
purposes. The commission has control and management of all park funds budgeted by the
City and must expend them judiciously for beautifying and improving City parks and for
funding the City Band. The park & recreation commission will carry out its functions and
duties in accordance with city ordinances.
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(c) The commISSIOn administers the city open space park program. The commISSIOn
makes recommendations to the city council concerning land and easement acquisitions
for the program. After such acquisition, the commission will administer, develop and
operate such land. The city council may not use condemnation power to acquire fee
simple ownership of any land for open space purposes. Funds dedicated to the open space
program may only be used for open space purposes as determined jointly by the
commission and the city council.
Section 49. Airport The council has authority to acquire, own, conduct and operate a
municipal airport either within or outside city boundaries.
Section 50. City Band The City shall provide for the continued operation of a City Band.
Section 51. Ethics The council shall by ordinance establish provisions relating to the
standards for ethical conduct of the City's elected officials, appointed officials and
employees.
Section 52. Charter Review At least every 10 years beginning in 2015 the council will
appoint a charter review committee of not less than nine members. The committee will
review the city charter and any issues relating thereto. It will report to the council and the
public its findings, conclusions and recommendations, including any proposed
amendments to the city charter.
Section 53. Debt. City indebtedness may not exceed debt limits imposed by state law. A
charter amendment is not required to authorize city indebtedness.
Section 54. Ordinance Continuation. All ordinances consistent with this charter in force
when it takes effect remain in effect until amended or repealed.
Section 55. Repeal. All charter provisions adopted before this charter takes effect are
repealed.
Section 56. Severability. The terms of this charter are severable. If any provision is held
invalid by a court, the invalidity does not affect any other part of the charter.
Section 57. Time of Effect. This charter takes effect July 1, 2007.
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CITY OF ASHLAND
CITY CHARTER
CITY MANAGER AMENDMENT
The 2006 Ashland City Charter is amended by changing sections 8 and 31, and adding a
new section 35 to read as follows:
Section 8. Mayor.
(a) The mayor presides over and facilitates council meetings, preserves order, enforces
council rules, and determines the order of business under council rules.
(b) The mayor has no vote on council matters unless there is a tie vote. The mayor has
veto authority over council legislative and administrative decisions.
(c) With the consent of council, the mayor appoints members of commissions and
committees established by ordinance or resolution.
(d) The mayor must sign all records of council decisions.
(e) The mayor serves as the political head [and chief executive officer] of the city
government.
[(f) The mayor must:
(1) Appoint, supervise and remove city department heads with the consent of the
councilors;
(2) Deliver an annual state of the city report to the council and public;
(3) Present a proposed annual city budget to the city budget committee and council;
(4) Encourage and support regional and intergovernmental cooperation;
(5) Promote cooperation among the council, staff and citizens; and
(6) Perform other duties as assigned by the council.]
Section 31. Vacancies: A city elective position becomes vacant:
(a) Upon the incumbent's:
( 1) Death,
(2) Adjudicated incompetence, or
(3) Recall from the office.
(b) Upon declaration by the council after the incumbent's:
(1) Failure to qualify for the office within 10 days of the time the term of office is to
begin,
(2) Absence from the city for 30 days without council consent, which consent shall
not be unreasonably withheld, or from all council meetings within a 60-day
period, without council consent, which consent shall not be unreasonably
withheld
(3) Ceasing to reside in the city,
(4) Ceasing to be a qualified elector under state law,
(5) Disorderly conduct or inattention to duties of office. No incumbent may be
expelled without notice, a hearing and a decision by at least four councilors,
(6) Resignation from the office, or
(7) Removal under Section 35(i).
Section 35. City Manaeer.
(a) The office of city manager is established as the chief administrative officer of the
city government. The city manager is responsible to the mayor and council for the
proper administration of all city business. The city manager will assist the mayor
and council in the development of city policies, and carry out policies established by
ordinances and resolutions.
(b) A majority of the council must appoint and may remove the manager. The
appointment must be made without regard to political considerations and solely
based on education and experience with local government management.
(c) The manager may be appointed for a definite or an indefinite term, and may be
removed at any time by a majority of the council. The council must fill the office by
appointment as soon as practicable after the vacancy occurs.
(d) The manager must:
(1) Attend all council meetings unless excused by the mayor or council;
(2) Make reports and recommendations to the mayor and council about the
needs of the city;
(3) Administer and enforce all city ordinances, resolutions, franchises, leases,
contracts, permits, and other city decisions;
(4) Appoint, supervise and remove city employees;
(5) Organize city departments and administrative structure;
(6) Prepare and administer the annual city budget;
(7) Administer city utilities and property;
(8) Encourage and support regional and intergovernmental cooperation;
(9) Promote cooperation among the council, staff and citizens in developing city
policies, and building a sense of community;
(10) Perform other duties as directed by the council;
(11) Delegate duties, but remain responsible for acts of all subordinates.
(1) The manager has no authority over the mayor or council or over the judicial
functions of the municipal judge.
(g) The manager and other employees designated by the council may sit at council
meetings but have no vote. The manager may take part in all council discussions.
(h) When the manager is temporarily disabled from acting as manager or when the
office becomes vacant, the council must appoint a manager pro tern. The manager
pro tern has the authority and duties of manager, except that a pro tern manager
may appoint or remove employees only with council approval.
(i) Neither the mayor nor a councilor may attempt directly or indirectly to coerce
the manager or a candidate for the office of manager in the appointment or removal
of any city employee, or in administrative decisions. Violation of this prohibition is
grounds for removal from office by four councilors after a public hearing. In council
meetings, the mayor and councilors may discuss or suggest any topic with the
manager relating to city business.
ASHLAND CITY CHARTER
INTRODUCTION 00 History of the Ashland Charter
The original Charter granted to the City of Ashland In 1874 was later supplanted by a Charter given to the
City by the Oregon State Legislature in 1889. In 1898, a new Charter was approved by the voters of the
City, which remained in effect until 1970, although amended numerous times over the years.
In 1906, a State constitutional amendment givmg cities Home Rule meant that Charters could be adopted
and amended without action by the State Legislature. A vote of the Ashland citlzens to amend the City
Charter or to adopt a new one can effect changes in the structure and powers of Ashland city government.
For this purpose, the Council may call a special election on the Charter by mitiatlve petition.
In May of 1970, as a result of study and recommendation by the Ashland League of Women Voters and
the Charter Revision Committee, an amended Ashland City Charter was again approved by the voters of
the City. As adopted, it retained all of the desirable provisions of the original Charter, while omitting
obsolete provisions, thereby simplifying this Important document and making it a more workable one.
Five amendments were enacted by the voters in May of 1972, dealing primarily with administrative
refinements, and these amendments have been incorporated into the following compilation of the City
Charter.
Notes: I) City incorporated 10-13-1874
2) First Ordinance passed 11-]4-1874 -Setting Boundaries of the City of Ashland
ARTICLE 1
Name and Boundaries
Section 1. Title of Enactment This enactment shall be referred to as the Ashland Charter of 1970.
Section 2. Name The municipality of Ashland, Jackson County, Oregon, shall continue to be a
municipal corporation with the name "City of Ashland".
Section 3. Boundaries The City shall include all territory encompassed by its boundaries as they now
exist or hereafter are modified by the voters, by the Council, or by any other agency with legal power to
modify them. The Recorder shall keep in herlhis office at City Hall at least two (2) copies of this Charter,
in each of which he/she shall maintain an accurate and up-to-date description of the boundaries. The
copies and descriptions shall be available for public inspection at any time during regular office hours of
the Recorder.
ARTICLE 2
Powers
Section 1. 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.
Section 2. Construction of the Charter In this Charter, the mention of a particular power shall not be
construed to be exclusive or to restrict the scope of the powers, which the City would have if the
particular power were not mentioned. The Charter shall be liberally construed to the end that the City
Page I of 17
ASHLAND CITY CHARTER
shall have all powers necessary or convenient for the conduct of its municipal affairs, including all
powers that cities may assume pursuant to State laws and to the municipal Home Rule provislOns of the
State Constitution.
Section 3. ProvIsions for Amcndment and Revision The Council shall have the power to call a special
election upon a resolution passed by the Council for the purpose of amending the Charter or enacting a
new Charter, or whenever petitioned to do so by the electors of said City, under any initiative or
referendum ordinance of the City of Ashland, or the laws of the State of Oregon.
ARTICLE 3
Elective Officers
Section I. Elective Officers The elective officers of the City shall be: a Mayor, Recorder, six (6) Council
Members, five (5) Park Commlssioners and a Municipal Judge. (Charter amendment 5-23-78)
Section 2. Qualifications All elective officers except the Municipal Judge shall be resIdents and
qualified voters in the City. (Charter amendment 5-23-78).
Section 3. Salaries Any change In the amount of the present compensation received by elective officers,
except for the Recorder and MUnicipal Judge, shall be submItted to the vote of the people; however, the
salary of the elected Recorder shall be in the amount being paid in 1974 and be adjusted startmg with the
fiscal year ]974-75 in the same percentage as the average salary adjustments of the other supervisory
employees and department heads of the City of Ashland; further, the salary of the Municipal Judge will
initially be the same as for the year 1978-79 and thereafter to be adjusted in the same percentage as the
average salary adjustment of the other supervisory employees and department heads of the City of
Ashland. (Charter amendment 5-23-78).
Section 4. Vacancies An office shall be deemed vacant upon the incumbent's death; adjudicated
incompetence; conviction of a felony; other offense pertaining to hislher office, or unlawful destruction of
public records; resignation; recall from office or ceasing to possess the qualifications for the office; or, in
the case of the Mayor or Council Member, upon his/her absence from the City for thirty (30) days WIthout
the consent of the Councilor upon his/her absence from meetings of the Council for sixty (60) days
without like consent, and subsequent declaration of the vacancy by a two-thirds affirmative vote of the
Council.
A vacant elective office in the City shall be filled within sixty (60) days by the Council electing some
qualified person to fill such vacancy. The appointee's term of office shall begin immediately upon
appointment and shall continue until a successor, elected at the next biennial election, takes office for the
unexpired term. The Council shall have the power, by a two-thirds affirmative vote, to expel any member
of the Council for disorderly conduct In Council,. inattention to duties or removal undcr thc m:~~lslons.i1.f
Article 13, Section -I( i). No Council member shall be expelled without notice and a hearing by the
Council.
Section 5. Term The term of all elective officers shall begin the first day of January following their
election.
Section 6. Interest in City Contracts During the term of office, no elective officer shall violate any
provision of the State of Oregon Code of Ethics as contained in ORS Chapter 244. (Amended by vote] ]-
8-94. )
Page 2 of 17
(~.._---
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ASHLAND CITY CHARTER
ARTICLE 4 Mayor
Section 1. Term The Mayor in office at the time this Charter is adopted shall continue in office until the
end of his/her term of office as fixed by the Charter of the City in effect at the time this Charter is
adopted. At the biennial general election held in 1972, and every fourth year thereafter, a Mayor shall be
elected for a term of four (4) years.
Section 2. Powers and Duties The Mayor .,servcs as the polil1cal hcad_oLll1i',cilv go\'ernrncnL
Section 3. Vote The Mayor shall not be entitled to vote on any ordinance or measure before the Council
except in the case of a tie vote, in which case he/she shall have the power to vote, and must vote either in
the affirmative or in the negative. The Mayor shall, within five days after the passage of any ordinance,
either approve or veto the same, and no ordinance shall go into effect until approved by the Mayor or
passed by the Council over his/her veto. The Mayor shall, m case he/she vetoes any ordinance or
resolution, file such veto with the City Recorder, together with reasons for his/her disapproval, which veto
and message of disapproval shall be read at the next meeting of the Council, and such ordinance or
resolution be put upon its passage agam; and, if two-thirds of the Council members shall vote in the
affirmative, it shall become law without the Mayor's approval, but not otherwise. In passing all
resolutions and ordinances, the ayes and nays shall be called and permanent record made of the vote
thereon.
ARTICLE 5 Council Members
Section ]. Terms The Council members in office at the time thIS Charter is adopted shall continue in
office, each until the end of hislher term of office as fixed by the Charter of the City in effect at the time
this Charter is adopted. At each biennial general election after this Charter takes effect, three Council
members shall be elected, each for a term of four (4) years.
ARTICLE 6
Recorder
Section 1. Term The Recorder in office at the time this Charter takes effect shall continue in office until
the end of hislher term of office as fixed by the Charter of the City m effect at the time this Charter is
adopted. At each biennial general election held in 1970, and every fourth year thereafter, a Recorder shall
be elected for a term of four (4) years.
Section 2. Powers and Duties The Recorder shall act as Clerk of the Council and shall keep plain and
correct records of all business and proceedings of the Council. He/she shall maintain a file of all papers
presented to him/her officially, and safely keep all files, records and papers of the corporation pertaining
to hislher office, and these shall be open to the public. At the expiratIOn of hislher term of office, he/she
shall turn over to his/her successor any and all records, books, and papers pertaining to said office.
The Recorder must draw all orders for the proper payment of momes agamst the proper funds that have
been appropriated by the City Council, and, together with the Mayor, sign the same. He/she may make
periodic audits of all City accounting records.
The Recorder, shall, as soon as the Council shall make a general levy of the taxes for the city, certify the
same, together with any and all special benefits and assessments then due, to the Clerk of the County
Court.
Page 3 of 17
Deleted: is the executive officer of the
muniCipal corporation and shall eXeTClSe
careful supervision over the general
affairs of the City and over appointive
officers. Helshe shall sign all orders and
warrants on the Treasury for claims
authorized the Council.
ASHLAND CITY CHARTER
The Recorder shall record, in a book to be kept for that purpose, all ordinances and resolutIOns passed by
the City Council, and the same shall be signed by the Recorder, as well as signed and approved by the
Mayor therein.
Section 3. Vacancy A willful absence of the Recorder from the CIty for more than thirty (30) days
without the consent of the Council, carelessness or inattentIOn to the duties of the Recorder, shall be
grounds for the Council to declare the office vacant; and it may fIll such vacancy in the same manner as
vacanCIes in the office of Council members are filled.
Section 4. Absence In the Recorder's absence, the Mayor shall appoint a Clerk of the Council Pro Tern
who, while acting in that capacity, shall have all the authority and duties of the Recorder.
ARTICLE 6A Judge
Section 1. Term At the biennial general election held in 1978, and every fourth year thereafter, a Judge
shall be elected for a term of four (4) years. (Charter amendment 5-23-78)
ARTICLE 7
Elections
Section l. Regular Elections Regular City elections shall be held at the same times and places as
biennial general State elections, in accordance with applicable State election laws.
Section 2. Notice of Regular Elections The Recorder, pursuant to directions from the Council, shall give
at least ten (10) days notice of each regular City election by posting notice thereof at a conspicuous place
In the City Hall, and by publication in a newspaper of wide and general circulation published in the City
of Ashland. The notice shall state the officers to be elected, the ballot title of each measure to be voted
upon, and the time and place of the election.
Section 3. Special Elections The Council shall provide the time, manner and means for holding any
speCIal election which shall comply with applicable State laws. The Recorder shall give at least ten (10)
days notice of each special election in the manner provided by the action of the Council ordering the
electIOn.
Section 4. Regulation of Elections Except as this Charter provides otherwise and as the Council provides
otherwise by ordinances relating to elections, the general laws of the State shall apply to the conduct of all
City Elections, recounts of the returns therefrom, and contests thereof.
Section 5. Nominations A qualified elector may be nominated for an elective City office to be filled at
the election. The nomination must be by a petition that specifies the office sought and must be in a form
prescribed by the Council. The petition shall be signed by not fewer than twenty-five (25) electors, and
WIth the candidate's written acceptance of such nomination. No elector may sign more than one petition
for each office to be filled at the election. If he/she does so, his/her signature will be valid only on the
first sufficient petition filed for the office. The signatures to a nomination petition need not all be
appended to one paper, but to each separate paper of the petition shall be attached an affidavit of the
circulator thereof, indicating the number of signers of the paper and stating that each signature of the
person appended thereto was made in hislher presence, and is the genuine signature of the person whose
name it purports to be. Opposite each signature shall be stated the date of signing, the signer's place or
Page 4 of 17
ASHLAND CITY CHARTER
residence, identified by Its street and number or other sufficient designatIon. The Recorder shall make a
record of the exact time at which each petition is filed and shall take and preserve the name and address of
the person by whom it is filed. If the petition is not slgned by the required number of qualified electors,
the Recorder shall notify the candidate and the person who filed the petition within twelve (12) days after
the filing. If the petition is insufficient in any other particular, the Recorder shall return it immediately to
the person who filed it, certifying in wTlting wherein the petition is insufficient. The deficient petJtlOn
may be amended and filed again as a new petition, or a substitute petition for the same candidate may be
filed, within the regular time for filing nomination petitions. All nomination papers comprising a petitlOn
shall be assembled and filed in final form as one instrument with the Recorder not less than twelve (12)
days before the date that the Recorder must file the same with the County Clerk. (Charter Amendment
I 1-2-82)
Section 6. Canvass of Returns In all elections held in conjunctIon with State and County elections, the
State laws governing the filing of returns by the County Clerk shall apply. In each special City electlOn,
the returns therefrom shall be filed with the Recorder on or before noon the day following; and, not later
than five (5) days after the election, the Counc]l shall meet and canvass the returns. The results of all
elections shall be entered in the record of the proceedings of the CouncIl. The entry shall state the total
number of votes cast at the election, the votes cast for each person, and for and against each proposition,
the name of each person elected to office, the office to which he/she has been elected, and a reference to
each measure enacted or approved. Immediately after the canvass is completed, the Recorder shall make
and sign a Certificate of Election of each person elected and deliver the Certificate to himlher within one
(I) day after the canvass. A Certificate so made and delivered shall be "prima facie" evidence of the truth
of the statements contained in it.
Section 7. Tie Votes In the event of a He vote for candidates for an elective office, the successful
candidate shall be determined by a public drawing of lots in the manner prescribed by the Council.
Section 8. Oath of Office Before entering upon the duties of his/her office, each officer shall take an
oath or shall affirm that he/she will support the constitutions and laws of the United States, the State of
Oregon, and the Charter and laws of the City of Ashland, and that he/she will faithfully perform the duties
of his/her office.
ARTICLE 8 Council
Section 1. Where Powers Vested Except as this Charter provides otherwise, all powers of the City shall
be vested in the Council and the Mayor.
Section 2. Composition The Council shall be composed of six (6) Council members elected in the City
at large and by position number. Each position shall bear a number running from one (No. I) through six
(No.6), and any candidate for Council shall, starting with his/her nominating petition, designate the
number of the Council seat to which he/she seeks election; further, one candidate may only run for one
position at an election.
The Council members whose terms of office expire with the end of ] 972 shall be assigned seat numbers
I, 3 and 5; 1974 shall be assigned seat numbers 2, 4 and 6. Within the scope of the preceding provision,
the Council shall forthwith determine by lot the numbers to be assigned to the incumbent Council
members.
Page 5 of 17
ASHLAND CITY CHARTER
Section 3. Council MeetIngs and Rules The Council shall hold a regular meeting in the City at least once
each month at a time and place which it designates. Other meetIngs may be called as the Council deems
necessary, with notice given the Mayor and Council members and the public as provIded by ordInance.
Minutes of any such special meeting shall be presented at the next regular Council meeting. The Council
shall adopt rules for its proceedings.
Section 4. Quorum The Mayor and not less than three (3) of the Council members, or four (4) of the
Council members, shall constitute a quorum for conducting Council business.
Section 5. Journal The Council shall cause a record of its proceedIngs to be kept. Upon request of the
Mayor or any of the Council members, the ayes and nays upon any question before it shall be taken and
entered in the record.
Section 6. Proceedings to be Public No action by the Council shall have legal effect unless the motIOn
for the action and the vote thereon take place at proceedings open to the public.
Section 7. Mayor's Function at Council Meetings The Mayor shall preside over the deliberatIOns of the
Council. He/she shall have authority to preserve order, enforce the rules of the Council, and determine
the order of business under the rules of the Council.
Section 8. Chair of the Council At the first regular meeting of the Council in January of each year, the
Council shall by ballot elect a Chair of the Council from its membership to serve for one (I) year. He/she
shall, during all times when the Mayor is absent or unable to attend to his/her duties or act In any matter,
have and exercise the powers and perform the duties of the Mayor, except that he/she shall retain his/her
Council member's right to vote. If, at any meeting of the Council, both Mayor and Chair are absent, the
Council members present shall elect one of their number as Chair Pro Tern, who shall preside at that
meeting.
Section 9. Vote Required Except as this Charter otherwise provides, the concurrence of a majonty of the
members of the Council present at a Council meeting shall be necessary to decide any question before the
Council.
ARTICLE 9 Special Powers of the Council
Section J. Violation of Charter. Ordinance and Laws The Council, at any regular or adjourned meetIng,
shall have the power within the limits of the City of Ashland to enact laws, ordinances and pass
resolutions not in conflict or inconsistent with the laws of the United States, the State of Oregon, or the
provisions of this Charter; and to provide for punishment of any person or persons found guilty by a
competent tribunal of the violation of any such laws, ordinances, or any of the provisions of this Charter,
by fine or imprisonment of such offender, until such fine and costs are paid; and to provide for the
working of such persons so convicted on the streets of the City or at any other work, and to provide the
compensation therefor to be applied on such fine and costs; but no fine shall exceed the sum of $500 and
the costs of prosecution, nor shall any imprisonment or term at hard labor exceed 60 days.
Section 2. Levy of Taxes The Council, by two-thirds vote of the Council at any regular or adjourned
meeting, shall have the power within the limits of the City of Ashland to annually ordain and levy taxes
on the taxable property of the City made taxable by law for County and State purposes, not to exceed
fifteen mills on the dollar on the assessed valuation in any year for the expenses of the City; and also in
such further amount as may be necessary for the payment of interest or principal on any bonded
Page 6 of 17
ASHLAND CITY CHARTER
indebtedness now eXisting or hereafter to exist against the City and for payment of any judgment or
judgments obtamed against the City.
Section 2a. Flood Damage Restoration Bonds In addition to the indebtedness otherwise authorized by
law and by thIs Charter, the City Council of the City of Ashland shall have the power and authority to
Issue the general obhgation bonds of the City in such amounts and with such maturity dates as the City
Council shall, in its discretion, deem advisable in an aggregate amount not to exceed Seven Hundred Fifty
Thousand Dollars ($750,000.00) for the purpose of financing the cost of repair and restoration in accord
with current construction standards of the City's water, sewer, electrical and storm sewer systems; City
streets and bridges and watershed roads and bridges; Lithia Park; the repair of riprap at the Ashland
Airport; and the purchase of a dredge for the removal of present and contmuous accumulations of silt in
the City's water reservoir; and to further provide that all state or federal funds received to assist Ashland
in repair of flood damage shall be used for that purpose or to pay prinCIpal and mterest on these bonds and
for no other purpose; and shall have the power and right to designate the manner and time of payment of
said bonds and the interest thereon, provided that considering any discounts or premIUms paid, the
effective rate of mterest on such bonds shall not exceed that allowable by the laws of the State of Oregon.
The power herein granted shall be exercised by the Council without submitting the question to a further
vote of the electors and the bonds issued in pursuance to this Article shall not be subject to the limitation
on bond or other mdebtedness elsewhere contained in the Charter of said CIty.
Section 2b. Hospital Improvement Bonds In addition to the indebtedness otherwise authorized by law
and by this Charter, the City Council of the City of Ashland shall have the power and authority to issue
the general obligatlOn bonds of the City in such amounts and with such maturity dates as the City Council
shall, in its discretion, deem advisable in an aggregate amount not to exceed Three Hundred Sixty
Thousand Dollars ($360,000.00) for the purpose of financing the design and construction of additions and
improvements to the Ashland Community Hospital; and shall have the power and right to designate the
manner and time of payment of said bonds and the interest thereon, provided that considering any
discounts or premiums paid, the effective rate of interest on such bonds shall not exceed that allowable by
the laws of the State of Oregon. The power herein granted shall be exercised by the Council without
submitting the question to a further vote of the electors and the bonds issued in pursuance to this Article
shall not be subject to the limitation on bond or other indebtedness elsewhere contained in the Charter of
said City.
Section 3. Special Assessments The Council shall have the power at regular or adjourned meeting to
levy such special benefit assessments for road, sewer or other special improvements as they deem
reasonable and to prescribe the time when such assessments shall be paid and to assess penalties thereon,
not exceeding ten percent (10%) when delinquent, which assessments and penalties may be collected
under the proviSIOns of Article XII, Sections I and 2.
Section 4. Reassessment The Council shall have the power to enact an ordinance to correct any
administrative error m the levying of any special benefit assessment and to cause a reassessment to be
made.
Section 5. Debt Limit The Council, by a two-thirds vote at any regular or adjourned meeting, shall have
the power within the limits of the City of Ashland to borrow money upon the credit of the City and
authorize the issue of orders or notes therefor to an amount not exceeding $5,000.00 when required for
municipal purposes, which orders and notes shall bear a reasonable rate of interest and shall not aggregate
at any time to exceed $5,000.00.
Section 6. Bonds The Council, by a two-thirds vote at any regular or adjourned meeting, shall issue
bonds of the City for other purposes when duly voted and required by a majority of the electors of said
Page 7 of 17
ASHLAND CITY CHARTER
City; or in rebonding any bonded indebtedness of the City when the same is due and payable and the City
has not the funds on hand to pay the same, but in rebonding, bonds shall not be issued for a longer period
or greater rate of interest than the bonds to be liquidated. All bonds issued hereafter shall be amended to
this Article; that is, Article IX, Section 2, and at such tIme as they are retired shall be automatically
repealed.
Section 7. Water System The Council, by a two-thirds vote of the Council at any regular or adjourned
meetmg, shall have the power within the limits of the City of Ashland to suppress, restrain, and prohibit
any obstruction, pollution, diversion, waste, extravagant use of, waters of Mill or Ashland Creek, either
within or above the City limits.
ARTICLE] 0 Ordinances
Section I. Enacting Clause The enacting clause of all ordinances hereafter enacted shall be: The People
of the City of Ashland do ordain as follows:".
Section 2. Mode of Enactment
(a) Except as the second and third paragraphs of this SectlOn provide to the contrary, every ordinance
of the Council shall, before being put upon its final passage, be read first fully and distinctly in open
Council meeting and then on a different date by title only, unless a Council member or the public requests
that it be read in full for a second time, and it shall then be read fully and distinctly.
(b) Provided all conditions set forth in Paragraph (C) have been met, an ordinance may be enacted at
a single meeting of the Council by unanimous vote of all Council members present upon being read first
in full and then by title.
(c) The first reading may be by title alone if no Council member present at the meeting, or the public,
requests to have the ordinance read in full, and if a copy of the ordinance is provided for each Council
member and three (3) copies are provided for public inspection in the office of the City Recorder not later
than one (I) week before the first reading of the ordinance and if notice of their availability is given
forthwith upon the filing, by written notice posted at the City Hall and by advertisement in a newspaper of
general circulation and published in the City. An ordinance enacted after being read by title alone may
have no legal effect if it differs substantially from its terms as it was thus filed prior to such reading,
unless each section incorporating such a difference is read fully and distinctly in open Council meeting as
finally amended prior to being approved by the Council.
(d) Upon the final vote on an ordinance, the ayes and nays of the members shall be taken and entered
into the record of the proceedings.
(e) Upon the enactment of an ordinance, the Recorder shall sIgn it with the date of its passage and
his/her name and the title of his/her office, except as provided in Article IV, Section 3.
Section 3. When Ordinances Take Effect An ordinance enacted by the Council shall take effect on the
thirtieth (30th) day after its enactment. When the Council deems it advisable, however, an ordinance may
provide a later time for it to take effect; and, in case of emergency, it may take effect immediately..
ARTICLE]] Public Improvements
Page 8 of 17
ASHLAND CITY CHARTER
Section 1. Condemnation Any necessity of taking property for the City by condemnation shall be
determined by the Council and declared by resolution of the Council describing the property and statmg
the uses to which it shall be devoted. The procedure for the condemnation shall be as ordained by the
Councilor provided by State law.
Section 2. Improvements The procedure for making, altering, vacating or abandoning a publ ic
improvement shall be governed by general ordinance or to the extent not so governed, by applicable
general laws of the State. Action on any proposed public improvement, except a Sidewalk or except an
improvement unanimously declared by the Council to be needed at once because of an emergency, shall
be suspended for six months upon a remonstrance thereto by the owners of two-thirds of the land to be
specially assessed therefor. In this section, "owner" shall mean the record holder of legal title or, where
the land is being purchased under a land sale contract recorded or verified to the Recorder in wnting by
the record holder oflegal title to the land, the purchaser shall be deemed the "owner".
Section 3. Special Assessments The procedure for the levying, collecting and enforcing the payment of
special assessments for public improvements or other services to be charged against real property shall be
as provided in Article XII, Sections I and 2 of this Charter.
Section 4. Bids All jobs or contracts for constructing, repairing, ornamenting or improvmg any public
place in this City or out of it, the expenses of which are to be paid out of the City Treasury, and the
probable cost of which will exceed $500, shall be advertised in a newspaper of wide and general
circulation published in the City of Ashland for ten days before the closing of the bids, and shall be done
in accordance with the plans and specifications approved by the Council. The Council shall have the nght
to reject any or all bids without incurring any liability for such rejection.
ARTICLE 12 Taxation: Powers and Duties of the Council
Section]. Duties It shall be the duty of the Council immediately after the receipt of the certificate of the
County Clerk of the County Court of Jackson County, Oregon, showing the aggregate valuation of the
assessable property in said City of Ashland, to meet, and by ordinance annually levy such taxes and
assessments as permitted in this Charter against the taxable property of the City of Ashland, and such
special assessments and penalties as may be due and unpaid, and cause the same to be certified to the
County Court, as provided in Section 2 of this Article.
Section 2. Duties The Council shall, immediately after such levy, notify the Clerk of the County Court,
under the certificate of the City Recorder, of the rate percent of the tax levy made by the Council and all
delinquent special benefit assessments and the penalties thereon, and it shall be the duty of such Clerk to
compute the taxes and extend the same by entering the aggregate tax in the appropriate columns on the
tax roll, and such taxes, special assessments and penalties shall be collected by the same officer, in the
same manner and at the same time as taxes for County purposes are collected, and the same shall be paid
over by the County Treasurer to the City Recorder as provided by law for the paying over of city taxes.
Section 3. County Road Tax The territory within the limits of the City of Ashland as now existing and
as may be hereafter extended is hereby excepted out of the jurisdiction of the County Court of Jackson
County for licensing purposes and road purposes, and the City Council shall have full and exclusive
jurisdiction over the same. The inhabitants of the City shall be exempt from the payment of road taxes
and assessments of the property within the City for road work, except such taxes as may be levied and
assessed by the City Council, and all such taxes shall be placed in a separate fund and used for street
purposes within the limits of the City and not otherwise.
Page 9 of 17
ASHLAND CITY CHARTER
Section 4. Property Transfer Tax. The Council may impose a property transfer tax or fee on property
being sold or transferred within the CIty, only by getting approval of the voters of Ashland.
ARTICLE 13 Appointive Officers
Section 1- Separate Police and Fire Departments The City of Ashland shall mamtain a fire department
which is separate and distinct from the City police department. The employees of one department shall
not be assigned to do the job functions of employees in the other department. (Charter amendment 1-4-
86)
Section 1 Qualifications, DutIes, and Salaries The Council shall, by ordinances, prescribe the dutIes of
appointive officers, and determine their compensation and qualifications, except the Municipal Judge
shall be a member of the Oregon State Bar. .
.
Section J. Interest in City Contracts Except as provided otherwise by law, no officer, agent or employee
shall have any interest in any City contract made by him/her in hls/her official capacity or by any public
committee, board, commission or department of which he/she is a member, agent or employee, except
that the employment of the officer, agent or employee shall not be considered a contract for the purposes
of this section.
Section 4. ,City Manager.. ...---uu.--
iaL I~c:.o.t:nce .of city managel " estdbli,hed a,. tl)e.eh~(admln1stJ at!yc ol]'lc$l.of tIJe Clt);. g(),---csnJl~llt '.
The city manal!er is resDonslole tQlhe Illavor and council for the proper administratIon of all city
PhiS i nt'~5.0...Ih~. c:JJY .Dl~lTlClg~L\\ III as, I S t Ihe.111ily'()!.and eQ.uJlcJLin..lht' Qeyc I o QD.!t'Tl L()Ls: Hi..po Ii c i eSo...!lm1
9!ID'.QlJ1..Jlolicics cstablishedby urdinanccs and resolutiuns.
A______ -----------
(blAID<lj()ri!y of t hs:c()LjDCII.1l1 u S t appo inLa.Jlhtl)1<lJ' .[emo Ye.tbS:.Ill<lll<Iger. The apQ()1I11lDCJlLJll]J!,! be mad.s:
without rel!ard to political consJQs:ratlons and solclv based on cducatJon and C\perlcnce with local
go v c:!!!ll~l!lJna n <lgc:lll!': n t .
... ------ - ------
(e) The manal!er mav be '!PI)()JI1te.!ciJor a defJlllte or an mdelinite term, and may be removed at any time
by a.ma.JQ[L1:l.QIt.hecoullcil. Thc(:ouncil musJ tilLlht'.QDlc~~)Y appO)Ilf111,cll(a5s.00n as pnlCIls:al:Jk.<!Iter
the vacancy occurs
... --- - -- - - - - -- ---
(d) The manager must:
~ 1 ) Attend all councilmeetinl!s unless e,cused bv the mavor or council;
- - - - - - - ~ - - - - - - - - - . - - - - - - - - - - - - ~ - - - - - ~ - - - - - - - - - - - ~ - - - - - - - - - --
~.~)}vl~~.e.~~Q.r!s. ,In<:1-Ll:,~m__UJ1l(:J).sjil.tlons to tl]~.Jnavor;1ncl.counCJ1.~b.<?ut. the n.::ecis .oflhe ccm~. ..
D). ,\cin1i ~.istcr and. .cnforce. a II c Itvordi nances, .~t:soluti()ns... rr.anch isc:s, .I.eases, C(~I}.t!'!Icts, p.en.llit~,. and
other city decisions:
14 ),-\\)pt)int,supervJse. and re!110VC city. e.nlploy.ec.s.:.
~ 5) ()rgan.i!~.e.itv deQartll1enls -'Ind a~rnirJlstrative .strl'.cture.: .
L6) I:.rep.a!'t:.a.nd.~<.I.cb:Qlnlst~L-Jl;e aIlDllal. (~itv budget~....
rn.,:\(tnlJl1ister.cJ!Y utllJ!lCS and.pr(jpcrtv:_u_ . __.
is) Enco!,J1:<ige and. support relnonal.an.~.Jnterg()ve.rl]lllcn.t~~L<:o.<?p.eratl()n.:___. _
i5!LE'!cQ!11S~.tS".c<;;)OpcJa.US:D..a.nl~)1l g. t heS~\Ln..c:iLc~~t~ ff. ~n(;L"S).\t{~}~S~ID." (t~ve 1 ()P!I)g.siw
buildinl! a sense of C0Il1111Ulllt\'~
LUll .P~.rforJ!',.S:tl.lercil!liS~.C1s~Jlls~cted l~!.b.e .cll,!Jl1~S! I : ....
r Deleted: Section I. Appointive
I Officers The Mayor, witb the
I co.nf1TJ1)ation by the Coundl, shall
I appoint a City Administrator, City
i Attorney and such other officers as the
! Council deems necessary. The Council
! may combine any two or more appointive
. ~ces. (Charter amendment 5.23.78)
l Deleted: 2
l..l?E!I~:3
C'
1 Deleted: The COIUlcil may designate
I any appointive officer to supervise any
I other appointive officer, except the
I Municipal Judge in tbe exercise of hiYher
'- !~t~?~.~.~.~~-.?~.ties...~...-. . ...__00_ m_.mn_ mm__
i Deleted: Section 4. Removal The
I Mayor, with the consent oCthe Cou.nC11.
1 may suspend and remove any appomhve
. ~o-~,~.~~any ti~_e~~ _,__~_-"-..u.--."".,-
[D~leted;5" ... -- . .
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ASHLAND CITY CHARTER
ill)Delq"ate~cJulle~s.bu~lrenlain,resJ)(lJlslble for acts of all subordlnale"
,,{ Formatted: Font: Not Bold
if) 'I,he ,manaller ~has no authorltLov~cr th,c nlelvor or counci I or OYCl thc J udlllal funcnons of t Ile~ n~lun.lc:lpaIH" . { Formatted: Font: Not Bold
tud!2<':..
iF 1 'The. ~m:ma~er and other enlp~I~C?'ie('s~dcSH!nated ))\ ~ the. (()uncI!ln:n s it at council meetmgs but .helve, ,no,
\ 0 t<:--,_Dl<:,D]:i-'-l:lgSLL1111Y-I~Ibs:~Qa rtll)jlll co un c II ~~i2fll-,'Si ion?c
A__ ____ _____________ ______._________
(h) When the manager is temporari Iv disabled from acting as managel or \\ h~"fl.J.b..eQfflce becomes vacant.
th e~QlI1l.c!Ll)]u sl....ill2R.oi n t ~ll_I}Ji!!Elli.l,LQIQ.JQll, The -1lgp_;!gfLQ!~LIcIDJlll;,~Jll,,__:i_'_H.h9111Y_ an d du ties of
manaller, except that a pro tem manager mav apPoint 01 remo\.e emJ21o~ees only ""Ith council approval.
.. --------- ---- ---- .-- ---
UJ Neither the mayor nor a counCJior m:iyatteDlPt_chr",,11y or Illdlrl'Clly to cl)"rceJl1"nlaDa~er()r a
candidate for the office of mana!2er In the appointm<:J1_L2L, ,1,,!JJ9val_ 9,Lan~'~ ~CltV cmplovetc, or In
Q.cJm 1 n IS trA.l..l,\,.,,_li~(,:ljiQn~sc_V i Q.I at i on oJ _ tl1!2R[l,)bi'pjlio_n_l.Lg~01ln"js .. tOfu r(' mO\jlL.fr()lll~Qm('Lb_Jo..llr
COIl11(,:1IOlS after a public hearing. In council mcetlllQS, the mavor and cOllncilors Illay diSCUSS or SUQQC?!
any topIC with the manager rclatlllg to CltV bUSiness.
t'iection 5. City "'Horrley. ~Ttle~ offlce__ofclty ~attor,n<:,:Y.ls~eslablis.hedas the chief lellal officer oflh.e.eltf_
gQy<.:rn111<.:DLIh<.:_lllllYQI. "'. !Lh_Jh_,,_ c9n2cn t 0 f LI1<:<.:lJY.5.0U n c ILllllt;;t_~m)Qllll. :11l(:L11]:iJ_l<.:.mQ\~<.:.JhL:1!IQrll'<:}',
The attorney must "PPOl11t and supervlsc. and Illay remOl.e any IeQal offlcc e1llplovces,
ARTICLE 14 Chief of Police: Powers and Duties
Section 1. The Chief of Police shall be the conservator of the peace within the limits of the City of
Ashland and, in addition to the authority vested in him/her by the City Council, he/she shall have the
authority and jurisdiction of a constable, and shall qualify and discharge the duties of constable, in the
same manner and to the same effect as required of constables under the statutes of this State. He/she
shall, within the County of Jackson, arrest any and all persons guilty of any breach of the peace
commItted in his/her presence, and take them before the judge of the City Court, or some Justice of the
Peace for trial. He/she shall also have the power, under any warrant from the Judge, or any Justice of the
Peace, to arrest any person in any part of the State of Oregon for any criminal offense or the violation of
any City ordinance and, in case the Council shall establish a police force for the City, he/she shall by
virtue of hisiher office be Chief of such force.
Section 2. The Chief of Police shall attend all meetings of the City Council, and perform the duties of the
Sergeant-at-Arms of that body, watch over, care for and preserve all the City property and good morals of
the City; and it shall be his/her duty, and the duty of any and all police officers, to see that all the laws and
ordinances of the City, and the provisions of this Charter, are enforced, to file complaint with the City
Judge against any persons violating any of the provisions of this Charter, or the laws or ordinances of the
City; and a failure or neglect to faithfully perform any or all of such duties shall be cause for removal
from office by the City Council.
ARTICLE 15 Court
Section 1. Court A court is hereby created in the City of Ashland, Oregon, to be known as the
Municipal Court. The court shall be open for the transaction of Judicial business at regular times
specified by the Council. All area within the City shall be within the territorial jurisdiction of the court.
When not governed by ordinances or this Charter, all proceedings in the Municipal Court for the violation
Page II of 17
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ASHLAND CITY CHARTER
of a City ordinance shall be governed by the applicable general laws of the State governing District
Courts.
Section 2. Judge The MunicIpal Judge shall be the judicial officer of the City. He/she shall exercise
original and exclusive jurisdictJOn of all offenses defined and made punishable by ordinances and Charter
of the City and all other offenses made punishable by State Jaw over which the City is given concurrent
jurisdiction. He/she shall have authority to issue process for the arrest of any person accused of an
offense against the ordmances and Charter of the City, to commit any such person to jailor admit him/her
to bail pending trial, to issue subpoenas, to compel obedience to such subpoenas, to issue any process
necessary to carry into effect the judgments of the Court, and to punish witnesses and others for contempt
of the Court. The Judge shall make a monthly report of the Court's proceedings in writing to the City
Council.
Section 3. Term The term of the Municipal Judge shall be four (4) years. (Charter amendment 5-23-78).
Section 4. b!!:y A defendant may have a jury of six (6) members by demanding the same. Any jury
chosen shall be governed by the laws of the State of Oregon relating to juries in the District Court, and
shall have the qualifications of such jurors resident within the corporate limits of said City.
Section 5. Fines. Fees. Costs. and Cash Bail The City Council shall provide for the collection of all
Court fines, fees, costs and cash bail which shall be turned over to the City Recorder.
ARTICLE 16 Miscellaneous Provisions
Section 1. Public Utilities - Water Works The City of Ashland, a municipal corporation, shall have the
power to provide the residents of said City with such services as water, sewer, electric power, public
transportation and such other public utilities as the people desire by majority vote; and to exact and
collect compensation from the users of such public utility; provided, however, that any and all water and
water works and water rights now owned or which may hereafter be acquired by said City, for the
purpose of supplying the inhabitants thereof with water shall never be rented, sold or otherwise disposed
of; nor shall the City ever grant any franchise to any person or corporation for the purpose of supplying
the inhabitants of said City with water.
Section 2. Torts The City's immunity or hability for torts shall be as determined by State law.
Section 3. Existing Ordinances. Acts. Proceedings All existing ordinances in force when this act takes
effect and not inconsistent herewith shall be and remain in full force after this act takes effect and
thereafter until repealed by the Council. All actions and proceedings pending and all unfinished business
whatsoever when this act takes effect shall thereafter be proceeded with according to the provisions of
this act or any City ordinance applicable thereto and continued in force by this act. No suit, action or
proceeding now pending in any Court shall abate by virtue of this act, and all persons in office shall
continue to receive such compensation for their services during the balance of their term as appertained to
the office at the time they were respectively elected or appointed thereto; and all rights vested or liabilities
incurred when this act takes effect shall not thereby be lost, impaired or destroyed; all bonds theretofore
issued by said City are hereby declared to be valid and of full force and effect, and all acts of the Council
heretofore done in good faith for the benefit of the City and on which proceedings shall not be instituted
prior to July I, 1970 are hereby legalized and made valid in every particular.
Section 4. Repeal of Previously-Enacted Provisions All Charter provisions of the City enacted prior to
the time that this Charter takes effect are hereby repealed, except the provisions of the legislative Charter
of 1898 relating to the Powers of the Chief of Police; that is, Article X, Section I compiled herein as
Article XIV, Section I; Powers and Duties of the Council - Taxation; that is, Article XII, Sections I and
2, compiled herein as Article XII, Sections I and 2; and Territory Excepted for Road Purposes and
Page 12 of 17
ASHLAND CITY CHARTER
Licensing Purposes; that IS, Article XVII, Section I, complied herein as Article XII, Section 3; and those
provisions of the previous Charter Amendments included in the followmg:
. Article VII, Section I, amended I 1-2-54, compiled herein as Article IX, Section I
. Article VII, Section 2, amended] -28-09, compiled partially herem as Article IX, Sections 2 and 3
. Article VII, Section 3, of ] 898 Charter, compiled herein as Article IX, Section 5
. Article XXVIII, Sections 1 and 2, amended I] -4-30 and 10-16-59, compiled herein as Article XVII,
Sections I and 2
. Article XIX, Sections I, 2, and 4, amended 12- 15-08, and Section 3, amended 4-23-51, compiled
herein as Article XIX, Sections I, 2, 3 and 4
. Article XXVII, Sections 1,2,3, and 4 amended 11-11-28, compiled herein as Article XVIII, Sections
1,2,3,and4
. Article XXIX, Section I, amended 11-4-30, compiled herein as Article XX, Section I
. Article XXXI, Section I, amended 1938, compIled herein as Article XXI, Section I
. Article X, Section 2, amended 7-17-J9, compiled herein as Artlc1e XIV, Section 2
. Article XIX, Section I-C, amended 3-12-57, compiled herem as Article XIX, Section I-C
Section 5. Time of Effect of Charter Amendment This amended Charter took effect on July ], ] 970,
except that Amendments to Article III, Section 2; Article VIII, SectIon 2; Article X, Section 2; Article
XIII, Section] and Article XXII took effect on June 6, ] 972.
ARTICLE] 7 Hospital
Section 1. The City of Ashland is hereby authorized and empowered to own, operate and conduct a
municipal hospital within the limits of said City of Ashland under the authority and direction of the
Council.
Section 2. The Council is hereby authorized to issue and sell, in manner and form as in its judgment it
may deem best, general obligation bonds of said City in a sum not to exceed $350,000.00 for the purpose
of providing funds with which to purchase real property for a hospital, construct a building or buildings to
be used for hospital purposes, and equip and furnish said hospital in and for said City. Said bonds shall
bear the date established by the Council, be serial in character, callable at any interest payment date in
whole or in part on or after five (5) years from the date thereof after notice as provided by law, be retired
by the said City in a period of not to exceed twenty-five (25) years, be in denomination of $] ,000.00 each,
be signed by the Mayor and countersigned by the Recorder under the corporate seal of said City, have
semi-annual interest coupons bearing the facsimile signatures of the Mayor and Recorder attached thereto,
by the terms thereof pledge the full faith and credit of the said City for their repayment, and hold and
promise to pay to the bearer of each of said bonds at maturity thereof, the sum therein named in legal
tender of the United States of America, with interest thereon in like legal tender, at the office of the City
Recorder in said City or at such other office as the Council may, in its judgment, determine, which bonds
shall be known as "Hospital Bonds". The particular form of said bonds, the maturities thereof, the rate of
interest thereon, and such other details of their issuance and sale as are not herein mentioned shall be
determined by the Council in the exercise of its best judgment in order to carry out the intention hereof.
That it shall be the duty of the Council to attend to the proper application of the funds derived from the
sale of said bonds and the purchaser or purchasers thereof shall in no event be responsible or charged with
the proper application of the funds derived from the sale thereof. That the Council is hereby authorized
and empowered each year at the time of making the annual tax levy for City purposes to include in such
levy a sufficient amount to meet the payment of principal and interest on said Hospital Bonds as same
shall be come due, and this authority shall be in addition to all Charter and Oregon Constitution debt
limitation.
Page \3 of 17
ASHLAND CITY CHARTER
ARTICLE 18 Cemeteries Trust Fund
Section 1. The Council IS hereby authorized and empowered each year, at the time of making the annual
levy for City purposes, to include in such levy a sum equal to but not to exceed one mill on each dollar of
assessed valuation of property within the City, which sum shall be used for the purpose of maintenance
and upkeep of cemeteries held by, or under control of the CIty of Ashland. Such levy shall not be within
the limitation of taxation provided by law. Provided further that each year from the proceeds of such levy
the Council shall set aside In a permanent trust fund the sum of $500.00, the Income from which shall be
used to carry out the purposes mentioned herein. When such trust fund shall have accumulated to such an
extent as to provide sufficient income for the purposes for which same was created, then no further tax
levy shall be made thereafter.
Section 2. The Council is hereby given authority to receive control, for and on behalf of the City of
Ashland, or any privately-operated or owned cemetery within the saId City for the purpose of provIding
proper upkeep and maintenance of any such cemetery, said Council to receive such control only upon
conditions as to it may seem for the best interests of the City.
Section 3. The Council is hereby authorized to create such funds as, in its dIscretion, may be necessary
for the purpose of keeping and maintaining in proper condition the cemetenes within or adjacent to the
City of Ashland, and under the Jurisdiction of said Council, and is further authonzed from any monies
receIved from sale of cemetery lots, to specifically create a trust fund for the perpetual upkeep of the lots
so sold, and is further authorized to contract with the purchasers of any lots so sold, on behalf of the City
of Ashland, for the perpetual upkeep of said lots on such terms and conditions as said Council may deem
best for the protection of said City.
Section 4. The Council is hereby authorized to accept any bequests or donations for the purposes
mentioned herein on behalf of the said City, which donations or bequests shall become a part of said
permanent trust fund, unless specified otherwise when any such bequests or donations are given.
ARTICLE 19 Park Commission
Section 1. Dedication All those lands specified by the Charter Amendment of December 15, 1908 and
May 13, ] 912, are hereby reserved and forever dedicated to the people of the City for park purposes and
shall never be sold, leased, encumbered or used for any purpose inconsistent therewIth; provided,
however, that such public buildings as may enhance the beauty of said park, or that shall not detract
therefrom, may be constructed if so directed by a majority vote of the electors of said City; and provIded
further, that nothing contained in this act shall be construed so as to impair or interfere with proper
construction or operation of the City's light, power or water system.
Section lC. That the Ashland Park Commission, with the consent of the Common Council, shall have
the authority to lease to the Oregon Shakespearean Festival Association, a non-profit corporation of the
State of Oregon, any portion of Lithia Park described as follows, to-wit:
That certain property commencing at the northeast corner of the Chamber of Commerce
building; thence, southerly along the base of the hill to southern side of pond in lower
park; thence, east to ditch carrying water to waterfall; thence, southerly along ditch 150
feet; thence, east] 10 feet to west side of Hargadine Street; thence, northerly on west line
of Hargadine Street to northeast corner of park property; thence, following the
meandering north line of park property to place of beginning, containing approximately
two acres for the purpose of remodeling and expanding the present Festival theatre and
the construction of additional buildings which are hereby designated as public buildings
Page ] 4 of ] 7
ASHLAND CITY CHARTER
for use by the Oregon Shakespearean Festival AssociatIOn for any of the purposes
authorized by the corporate charter of said association, saId use to be on such terms and
conditions as the Ashland Park Commission, with the consent of the Common Council,
deems in the best interests of the City; provided, however, that any lease shall not exceed
a period of ninety-nine (99) years.
Section 2. Park Commission The certain board created by a vote of the qualified electors of the Cay of
Ashland, Oregon, at a special election held on the] 5th day of December, ] 908, which became effective
by the proclamation of the Mayor published on the 17th day of December, ] 908, and known and
designated as the "Ashland Park Commission", be and the same, as constituted and created by said
Charter amendment, and as now existing, is hereby perpetuated and contmued as five (5) members with
all the powers conferred and duties imposed by said Charter amendment and ordinances of the City of
Ashland.
Provided, that at the general biennial election to be held on the first Tuesday after the first Monday in
November, 1920, two commissioners shall be elected to serve for the term of four (4) years from the first
day of January, 192], and that at the general biennial election to be held in November, 1922, three
commissioners shall be elected to serve for the term of four (4) years from the first day of January, ] 923,
and that the term of office for each succeeding commissioner shall be four (4) years unless elected to fill a
vacancy, in which event he/she shall be elected to serve until the first day of January following the next
succeeding biennial electIOn after any such vacancy. Provided, further, that each of the commissioners
now constituting the present Ashland Park Commission shall hold office for the term for which he/she
was elected, and until hislher successor is elected and qualified.
Section 3. Funding The said Park Commission shall have control and management of all the lands here
dedicated for park purposes and of all other lands that may hereafter be acquired by the City for such
purposes. They shall have control and management of all park funds, whether the same is obtained by
taxation, donation or otherwise, and shall expend the same judiciously for beautifying and improving the
City's parks.
It shall be the duty of said Commission and they shall, at the begmning of each month, file with the City
Recorder for the information of the City Council and the public, a report of their doings for the preceding
month. Such report shall specify all funds on hand and the source from whence obtained. It shall carry a
clear statement of all monies expended and for what purpose. All purchases made and all labor
performed, together with the cost thereof, shall be embodied in said report. At the time for making the tax
levy for general City purposes in each year, the said CommIssion shall cause a careful estimate to be
made of the money required for park purposes for the ensuing year and file the same with the City
Recorder, whereupon there shall be included in said general levy not to exceed four and one half (4-]12)
mills on the dollar to meet such requirements, which, when collected, shall be deposited with the City
Recorder subject to the order of said Commission. The levy herem authorized shall be outside the
limitation on taxation set forth in Article XI, Section II of the Constitution of Oregon.
Section 4. Salary; Government The said Commission shall serve without pay and shall have power to
formulate and adopt rules and regulations for their government and for the purpose of carrying into effect
the purposes of their creation as Park Commission. They shall enter upon the discharge of their duties
immediately upon their organization and shall, as soon as may be expedient, cause a map or maps to be
made of the lands herein dedicated, and shall make the same conform to the descriptions contained in the
instruments by which said City obtained title thereto; which said instruments shall be considered as
carrying a more specific description of said lands.
Page 15 of ] 7
ASHLAND CITY CHARTER
ARTICLE] 9a Open Space Park Program
Section 1. Creation, Powers and Duties An Open Space Park Program IS hereby created to be
admInIstered by the Ashland Park Commission. The Park CommissIOn shall make recommendations to
the City Council concerning priorities for land and easement acquisitions for the Open Space Park
Program. After dedication of land to the Open Space Park Program, the Ashland Park CommissIOn shall
be responsible for the administration, development and operation of such lands.
Section 2. Land and Easement Acquisition Procedures Both the Ashland Park Commission and the City
Council must agree upon land or easements to be acquired for open space park purposes. Before any land
or easements that have been acquired for the Open Space Park Program are disposed of and released from
the Program there shall be a public hearing. Disposal shall be by Ordinance, whIch shall not contain an
emergency clause, thus giving to the people of the CIty of Ashland the opportunity to petItIon for a
referendum. Land or easements acquired for open space park purposes shall be dedicated by the City
Council for such purposes. Such dedicated lands or easement shall be under the control and management
of the Ashland Park Commission. The City Council shall not use the power of condemnation to acquire
fee simple ownership of any land for Open Space purposes or for trails. (Amended 8-] 4-90)
Section 3. Resources Monies dedicated to the Open Space Park Program shall be expended only for
Open Space lands or easements, for costs of acquisition and for such other purposes pertinent to the Open
Space Park Program as the Council and Park Commission may jointly determine. All monies dedicated
for acquisition of Open Space Park Program lands shall remam under the financial management of the
City of Ashland.
The tax measures for funding for land acquisition for the Open Space Park Program shall be approved by
the voters, and the tax rates approved therein by the voters shall not be altered for Open Space purposes
by the City Council without further approval by the electorate. Said tax measures for funding of the Open
Space Park Program shall expire on December 31, 2010, unless extended by a vote of the electorate.
(Amended 8-14-90)
Section 4. Definition and Purpose of Open Space Park Lands The definition and purpose of open space
park lands shall be as defined in State Law, ORS 308.740, or as modIfied by Ordinance of the CIty of
Ashland. (Amended 5-15-90).
ARTICLE 20 Municipal Airport
Section 1. Power The City of Ashland is hereby given the power and authority to acquire, own, conduct
and operate a municipal airport either within or outside the limits of the City of Ashland, under the
authority and direction of the Council.
ARTICLE 2] City Band
Section 1. At the time of making the tax levy for general City purposes each year, the Council shall cause
a careful estimate to be made of the money required for the purpose of a City Band for the ensuing year,
such estimate shall be presented and considered with the other items in the annual budget and there shall
be included in the general levy for the ensuing year not to exceed six-tenths (.6) mills on the dollar for
such band requirements, which fund, when collected, shall be deposited with the City Recorder, subject to
the order of the Council.
Page ] 6 of ] 7
ASHLAND CITY CHARTER
ARTICLE 22 Recreation Commission
Section 1. The Ashland Recreation Commission is hereby created to be composed of the five (5) Ashland
Park Commissioners and their terms of office shall be the same.
Section 2. The powers and dutIes of the Recreation Commission shall be as set forth in thIs Charter, the
Ordinances of the City of Ashland, and by any other applicable law.
Section 3. Any funds to be spent by the Recreation Commission for recreation purposes shall be from
such funds as may be appropriated from time to time by the City Council, and in no event shall any funds
be spent for recreation purposes that are receIved pursuant to ArtIcle XIX of this Charter and which
relates to the Park Commission and a levy for park purposes.
Page 17 of 17
CITY OF
ASHLAND
Council Communication
Discussion of Transient Occupancy Tax Use
Meeting Date: February 6, 2007
Department: Administrative Services
Contributing Departments: NA
Approval: Martha Bennett
Primary Staff Contact: Lee Tuneberg li./Z...;
E-mail: tuneberl@ashland.or.us
Secondary Staff Contact: NA
E-mail:
Estimated Time: 30 minutes
Staff Requests:
Staff requests Council provide direction on what changes are desired for the revenue generated by City of
Ashland's Transient Occupancy Tax, the rate charged and the allocation of funds generated by the tax.
Statement:
At the November study session Council asked staff to bring back tentative goals for the use of Transient
Occupancy Tax (TOT) revenues and potential options for changing the amount (rate) charged.
Background:
The City of Ashland has a 7% TOT tax rate. This revenue stream is sometimes referred to as a Hotel/Motel or
Bed Tax. It is collected by hotels, motels, bed and breakfasts and hostels. In FY 2005-06 this tax generated
$1,414,160 in revenue to the General Fund and was used as follows:
Tourism Grants
Economic Grants
General Fund resources
$205,197
$274,989
$933,974
Please note that the tourism amount and grant allocations are based upon the
adopted budget and actual revenue will vary from that amount.
In 2004 the State of Oregon passed legislation that restricted the use of these funds and established guidelines
on what happens to any additional amount of revenue generated if the tax rate is raised. Basically, the city is
required to spend a similar prorate share on tourism as was in place prior to 2004 and must dedicate 70% of any
new revenue streams from an increased tax rate on tourism..
Resolution 2004-32 was adopted to deal with the new State laws. The resolution established what portion was
dedicated toward tourism as defined by the State. The resolution also carried forward other goals established by
the City for grants given to the Chamber of Commerce, Oregon Shakespeare Festival and smaller grantees
relating to tourism and economic development. Attached is a list of grants provided in the recent past.
Council asked for comparative information relating to the TOT rate in Ashland and other communities. Below is a
comparison table of other city's Transient Occupancy Tax rates.
r;.,
City
Rate
Portland
Bend
Medford
Astoria
Grants Pass
Klamath Falls
Salem
Seaside
Roseburg
Cannon Beach
Eugene
Springfield
11.5%
9.0%
9.0%
9.0%
9.0%
9.0%
9.0%
8.0%
8.0%
6.0%
4.5%
4.5%
As can be seen, Ashland is less than most, falling between the rates charged by other tourist locales, Canon
Beach and Seaside. It would appear that Eugene and Springfield are "deadlocked" at 4.5%, neither forcing
tourists to stay in the other's boundaries simply through a higher tax rate.
If Ashland were to raise its rate, each additional 1 % would generate over $151 ,000 to be spent on tourism per the
State's definition and about $65,000 in revenue to be used for any other programs.
The following table illustrates how an increase from a 7% tax to 8% would affect the estimated overall revenue,
the amount required to go toward tourism and what additional amount would be generated for other use per ORS
305.824(5)(b) .
TOT Revenue
Current 7% Increase to 8% Total
$ 1,514,100 $ 216,186 $1,730,286
Portion of increase to Tourism (70%)
Portion available for other uses (30%)
151,330
64,856
This means that 70% of the revenue generated by an increase ($151,330) will need to be added to the budgeted
$215,456 already going toward tourism, of which the largest portion goes to the Chamber of Commerce for
visitors and convention services. Approximately $65,000 would be generated for City services not tourism based.
Goals included in the grant resolution have been similar in wording for many years but interpretation and
application has shifted over time. Some Council members and budget Committee members have recalled
unwritten goals to use the money as "seed" money to get small groups and/or new programs started. The
resolution has provided money for ongoing programs including and beyond the work done by the Chamber and
OSF. Many smaller grant applicants have received annual allocations per the attached table.
Council requested staff provide potential changes to the resolution and goals to assist in determining how the City
can best use funds generated, supporting tourism and economic development yet remaining compliant. More
specific goals in the three categories will assist the awarding of grants to applicants and reporting by them on how
the money was used. Examples of more specific goals are:
Tourism:
. Someone who travels to Ashland from more than 50 miles away to attend an event
. Someone who stays the night in Ashland to attend an event
r~'
Economic Development
· Increase number, variety and size of employers
· Wages at or above median wage
· Employ 5 to 100 people or locally owned
· Encourage local resources
· Work with Southern Oregon University, especially for international
· Discourage businesses that need water, that emit air pollution, or that create toxic waste
Cultural Development Proposed
· Increase number, variety and size of cultural opportunity
· Support diversification of local economy
· Showcase local talent
· Work with Southern Oregon University
Staff offers the following information to assist the discussion on what could be done different with the use of the
funds providing additional monies for specific City programs:
1. Raise the tax by 1 % to 8% resulting in a total commitment to tourism expenditures of $366,786 ($215,456
+ $151,330).
2. Allocate the same portion to Oregon Shakespeare Festival as currently provided which is approximately
$112,200
3. Allocate the remainder of tourism dollars required ($366,786 - $112,200 = $254,586) to the Chamber of
Commerce for Visitor Convention Bureau.
4. Allocate $150,000 to grantees for economic development or cultural development per applications to
maintain a consistent total level of support.
5. Allocate $950,000 to General Fund as general revenues to maintain a consistent total level of support.
6. Allocate the remainder of total TOT revenues to go toward specific General Fund programs including
other economic development work, AFN support or debt, social programs, etc.
2007 Allocation Proposed Allocation
per Budget with 1 % increase New Dollar Allocated
$1,514,100 $1,730,286 By Category
Tourism
Chamber of Commerce $ 82,845 $ 170,641 $ 253,486
Oregon Shakespeare Festival 113,300 113,300
Other Grantees 19,311 (19,311)
Total $ 215,456 $ 151,330 $ 366,786
Economic and Cultural Development
Chamber of Commerce $ 164,800 $ (164,800) $
Other Grantees 124,394 25,606 150,000
Total $ 289,194 $ (139,194) $ 150,000
General Fund Resources
Non Specific $ 1,009,450 $ - $ 1,009,450
Specific Programs 204,050 204,050
Total $ 1,009,450 $ 204,050 $ 1,213,500
r~'
Council Options:
Council can ask staff to:
1. Bring to Council a resolution that mirrors the existing 2004-32 for renewal.
2. Bring to a future Council meeting a revised resolution that addresses items discussed in this study
session.
3. Work with identified individuals (Council members, staff or others) to create a new resolution that
manages and/or allocates the TOT revenue collection and distribution differently per State guidelines and
City goals.
Potential Motions:
1. Council accepts staff recommendation as presented
2. Council amends recommendation
3. Council directs staff to bring back more information for discussion
Attachments:
Resolution 2004-32, 2004-11, 2000-25, 1998-02, and 1993-12
Economic and Cultural Development Grant Allocation with Tourism Calculation
Small Grants Tourism Allocation
Economic and Cultural Development Grant History
rj.'
RESOLUTION NO. 2004-'6"--
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASHLAND
REITERATING ITS POLICY OF RELATING THE EXPENDITURE OF
MONIES FOR ECONOMIC AND CULTURAL DEVELOPMENT TO THE
HOTEL/MOTEL (Transient Occupancy) TAX AND REPEALING
RESOLUTION 2004-11
THE CITY OF ASHLAND RESOLVES AS FOLLOWS:
SECTION 1. That the city council recognizes that the source of monies for the Economic
and Cultural Development Grant program is the Hotel/Motel Tax.
SECTION 2. The following are the goals which the Economic and Cultural Development
Committee is attempting to meet by granting money to applicants:
a) Tourism Promotion.
b) Economic Development by:
I) Responding to general inquiries about business in the city;
2) Providing assistance to existing small businesses;
3) Providing technical and financial assistance for the expansion of existing
businesses;
4) Providing technical and financial assistance for the development of new
businesses; or
5) Providing such other services and support to business as the city council may
deem beneficial.
c) Cultural Development.
SECTION 3. Beginning in Fiscal Year 2004/2005, the city council will appropriatl~ thirty-
three and one-third percent (33.3%) of the anticipated Hotel/Motel tax monies for Economic
and Cultural Development. The City of Ashland has determined that as of July 1, 2003,
$186,657 or 14.23% of total Hotel/Motel tax revenues were expended on tourism promotion,
as defined in Chapter 818 of the 2003 Oregon Laws, and wi II continue to be spent on tourism
promotion increased or decreased annually consistent with the estimated TOT revenues
budgeted.
The amount to be allocated annually to Ashland Chamber of Commerce (COC) and Oregon
Shakespeare Festival (OSF) for promoting tourism per the state definition shall be $80,432
and $110,000, respectively, adjusted each year by the amount of inflation or deflation
established in the Budget process. An additional amount of $160,000, adjusted each year by
the amount of inflation or deflation established in the Budget process, will be granted
annually to COC for economic development projects in cooperation with City staff The
allocations in this paragraph shall sunset after three years.
Any additional amount for tourism required by Chapter 818 shall be allocated to COC, OSF
or other group during the budget process. The remainder of the monies budgeted for these
grants may be allocated to grantees for activities fitting in any ofthe three categori(:s set forth
in Section 2 of this Resolution.
TOT Resolution 9/07/04 page I of 2
By January 31 of each year each recipient of grants under this resolution shall submit a report
to the city council setting forth how the grant funds received were expended in furtherance of
the goals set forth in Section 2.
SECTION 4. The following guidelines and criteria are established for the Economic and
Cultural Development Grants:
a) Grantee shall be a 501 (c) non-profit agency.
b) Grantee shall be a non-governmental agency.
c) Grantee shall promote livability for the citizens of Ashland.
d) The minimum grant proposal will be $1,000.
e) The grant will benefit Ashland in regards to enrichment and activities of an
economic nature.
t) Grantee shall serve the population in Ashland but may encompass other venues in
the Rogue Valley.
g) Irrespective of sub-paragraph 'b', the City of Ashland Public Arts Commission may apply
for and receive funds.
SECTION 5. Resolution 2004-11 is repealed upon passage of this resolution.
SECTION 6. This resolution takes effect upon signing by the mayor.
This resolution was read by title only in accordance with Ashland Municipal Code Section
2.04.090 duly ~(.g- ~~
PA~TED~2004
,
Barbara Christensen, City Recorder
'#/M-'19 ~
SIGNED and APPROVED thisjec(day ~swSt 2004:
/'
c::::~g<-~/~
Alan DeBoer, Mayor
TOT Resolution 9/07/04 page 2 of 2
~
RESOLUTION NO. 2004- / J
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ASHLAND REITERATING ITS POLICY OF RELATING
THE EXPENDITURE OF MONIES FOR ECONOMIC AND
CULTURAL DEVELOPMENT TO THE HOTEL/MOTEL
(Transient Occupancy) TAX AND REPEALING
RESOLUTION 2000-25
THE CITY OF ASHLAND RESOLVES AS FOllOWS:
SECTION 1. That the city council recognizes that the source of monies for the
Economic and Cultural Development Grant program is the Hotel/Motel Tax.
SECTION 2.
The following are the goals which the Economic and Cultural Development Committee
is attempting to meet by granting money to applicants:
a) Tourism Promotion.
b) Economic Development by:
1) Responding to general inquiries about business in the city;
2) Providing assistance to existing small businesses;
3) Providing technical and financial assistance for the expansion of existing
businesses;
4) Providing technical and financial assistance for the development of new
businesses; or
5) Providing such other services and support to business as the city council may
deem beneficial.
c) Cultural Development.
SECTION 3.
Beginning in Fiscal Year 2004/2005, the city council will appropriate thirty-three and
one-third percent (33.3%) of the anticipated Hotel/Motel tax monies for Economic and
Cultural Development. The City of Ashland has determined that as of July 1. 2003.
$186,657 or 14.23% of total Hotel/Motel tax revenues were expended on tourism
promotion, as defined in Chapter 818 of the 2003 Oregon laws, and will continue to be
spent on tourism promotion increased or decreased annually consistent with the
estimated TOT revenues budgeted.
The amount to be allocated annually to Ashland Chamber of Commerce (COC) and
Oregon Shakespeare Festival (OS F) for promoting tourism per the state definition shall
be $80,432 and $110,000. respectively, adjusted each year by the amount of inflation
or deflation established in the Budget process. An additional amount of $160,000,
adjusted each year by the amount of inflation or deflation established in the Budget
1- 2004 TOT final resolution
process, will be granted annually to COC for economic development projects in
cooperation with City staff. The allocations in this paragraph shall sunset after three
years.
Any additional amount for tourism required by Chapter 818 shall be allocated to COC,
OSF or other group during the budget process. The remainder of the monies budgeted
for these grants may be allocated to grantees for activities fitting in any of the three
categories set forth in Section 2 of this Resolution.
By January 31 of each year each recipient of grants under this resolution shall submit a
report to the city council setting forth how the grant funds received were expended in
furtherance of the goals set forth in Section 2.
SECTION 4. The following guidelines and criteria are established for the Economic and
Cultural Development Grants:
a) Grantee shall be a 501 (c) non-profit agency.
b) Grantee shall be a non-governmental agency.
c) Grantee shall promote livability for the citizens of Ashland.
d) The minimum grant proposal will be $'1,000.
e) The grant will benefit Ashland in regards to enrichment and activities of an
economic nature.
f) Grantee shall serve the population in Ashland but may encompass other venues in
the Rogue Valley.
SECTION 5. Resolution 2000-25 is repealed upon passage of this resolution.
SECTION 6. This resolution takes effect upon signing by the mayor.
This resolution was read by title only in accordal with ASh~ Municipal Code
92.0 . 90 duly PASS D and ADOPTED this day of. 'Pj , 2004.
') ~
arbara Christensen, City Recorder
SIGNED and APPROVED this ~ day of
h7 A 'r'
,2004.
~~~
R~m~
Paul Nolte, City Attorney
2- 2004 TOT final resolution
Alan W. DeBoer, Mayor
~ ~
RESOLUTION NO. ~ c16
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASHLAND
REITERATING ITS POLICY OF RELATING THE EXPENDITURE OF
MONIES FOR ECONOMIC AND CULTURAL DEVELOPMENT TO THE
HOTEL/MOTEL (Transient Occupancy) TAX AND REPEALING
RESOLUTION 98-23.
THE CITY OF ASHLAND RESOLVES AS FOLLOWS:
SECTION 1. That the City Council recognizes that the source of monies for the
Economic and Cultural Development Grant program is the Hotel/Motel Tax.
SECTION 2. Beginning in Fiscal Year 2001/2002, the City Council will appropriate thirty
three and one-third percent (33.3%) of the anticipated Hotel/Motel tax monies for
Economic and Cultural Development. Sixty percent (60%) of these funds will be
allocated to the Ashland Chamber of Commerce; twenty eight percent (28%) will be
allocated to the Oregon Shakespeare Festival; and twelve percent (12%) will be granted
to local organizations which promote Economic and Cultural Development. The
anticipated budget for subsequent fiscal years shall be based on the previous year's
actual receipts. Actual receipts which exceed the anticipated amounts will remain in the
General Fund. By January 31 of each year the Chamber of Commerce and the
Shakespeare Festival shall make a report to the City Council regarding meeting the
goals in Section 3.
SECTION 3. The following are the goals which the Economic and Cultural Development
Committee is attempting to meet by granting money to applicants.
a) To respond to general inquiries about business in the City.
b) To promote tourism.
c) To provide assistance to existing small businesses.
d) To provide technical and financial assistance for the expansion of existing
businesses.
e) To provide technical and financial assistance for the development of new
businesses.
f) To provide information and financial assistance to small cultural organizations to:
1) attract tourists with emphasis on the off-season;
2) create a greater diversity of cultural opportunities for our citizens.
SECTION 4. The following guidelines and criteria are established for the Economic and
Cultural Development Grants.
a) Grantee shall be a 501(c) non-profit agency.
b) Grantee shall be a non-governmental agency.
c) Grantee shall promote livability for the citizens of Ashland.
d) The minimum grant proposal will be $1,000.
G:\city-admin\admin\Administration\Reso-Hotel Motel tax 2000
e) The grant will benefit Ashland in regards to enrichment and activities of an
economic nature.
f) Grantee shall serve the population in Ashland but may encompass other venues
in the Rogue Valley.
SECTION 5. Resolution 98-23 is repealed upon passage of this resolution.
This resolution was read by title only in accordance with Ashland Municipal Code Sec.
2.04 90 duly PASSE a d ADOPTED this fl day o~ooo.
SIGNED and APPROVED this 2t? day of ~ . 2000.
~~
Catherine M. Shaw, Mayor
G:\city-admin\admin\Administration\Reso-Hotel Motel tax 2000
RESOLUTION NO. 98- O~
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASHLAND
REITERATING ITS POLICY OF RELATING THE EXPENDITURE OF MONIES
FOR ECONOMIC AND CULTURAL DEVELOPMENT TO THE HOTEUMOTEL
(Transient Occupancy) TAX AND REPEALING RESOLUTION 93-12.
THE CITY OF ASHLAND RESOLVES AS FOLLOWS:
SECTION 1. That the City Council recognizes that the source of monies for the
Economic and Cultural Development Grant program is the Hotel/Motel Tax.
SECTION 2. That the City Council will appropriate thirty three and one-third perce~
(33.3%) of the anticipated Hotel/Motel tax monies for Economic and Cultural
Development. Sixty percent (60%) of these funds will be allocated to the Ashland
Chamber of Commerce; twenty eight percent (28%) will be allocated to the Oregon
Shakespeare Festival; and twelve percent (12%) will be granted to local organizations
which promote Economic and Cultural Development. Effective with the 1999-2000
Budget, and annually thereafter, the allocations to the Shakespeare Festival and the
Chamber of Commerce shall be adjusted by an amount equal to their respective shares
of the actual tax collection in the previous fiscal year. By January 31 of each year the
Chamber of Commerce and the Shakespeare Festival shall make a report to a joint
meeting of the City Council and the Budget Committee regarding meeting the goals in
Section 3.
SECTION 3. The following are the goals which the Economic and Cultural
Development Committee is attempting to meet by granting money to applicants.
a. To respond to general inquiries about business in the City
b. To promote tourism
c. To provide assistance to existing small businesses
d. To provide technical and financial assistance for the expansion of existing
businesses
e. To provide technical and financial assistance for the development of new
businesses
f. To provide information and financial assistance to small cultural organizations
to:
1) attract tourists with emphasis on the off-season;
2) create a greater diversity of cultural opportunities for our citizens
SECTION 4. The following guidelines and criteria are established for the Economic and
Cultural Development Grants.
a. Grantee shall be a 501 (c) non-profit agency
b. Grantee shall be a non-governmental agency
c. Grantee shall promote livability for the Citizens of Ashland
d. The minimum grant proposal will be $1,000
e. The grant will benefit Ashland in regards to enrichment and activities of an
economic nature
f. Grantee shall serve the population in Ashland but may encompass other
venues in the Rogue Valley
SECTION 4. Resolution 93-12 is repealed upon passage of this resolution.
This resolution was read by title only in accordance with Ashland Municipal Code
92.04.090 duly PASSED and ADOPTED this /7 day of 1~ ,1998.
~~
Barbara Christensen, City Recorder
SIGNED and APPROVED this /Y day of 1~-u.;. ,1998.
~an-~~J~
Catherine M. Golden, Mayor
Reviewed as to form:
p~-----
Paul Nolte, City Attorney
Revised: 02/13/98
(G:\budget\economic\reso98)
RESOLUTION NO. Cf.s- / Sl.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASHLAND, REITERATING
ITS POLICY OF RELATING THE EXPENDITURES OF FUNDS FOR ECONOMIC
DEVELOPMENT TO THE HOTEL/MOTEL (TRANSIENT OCCUPANCY) TAX.
RECITALS:
A. The maintenance and development of tourism is directly
interrelated to the health of the entertainment, food, and
lodging industries in Ashland.
B. In 1979, a formula was implemented which allocated a percentage
of the Hotel/Motel Tax revenues to promote and enhance tourism
and other economic development strategies.
C. The Citizens Budget Committee and City Council have determined
that funding for economic development activities should
henceforth be tied to the annual growth or reduction of current
general fund revenues.
THE CITY OF ASHLAND RESOLVES AS FOLLOWS:
SECTION 1. ' That the Council hereby restates its recognition that the
source of funding for economic development activities continues to be
the Hotel/Motel Tax.
SECTION 2. That the Council is committed to maintaining its historic
support for economic development activities as a whole, but cannot
limit the Citizens Budget Committee or future city Councils to
specific appropriations for programs which have been funded in the
past.
The foregoing Resolution was READ by title
re9Ular meeting Of~Y Council of the
~~ day of , 1993.
~~/7t~
Nan E/Franklin
City Recorder
only and DULY ADOPTED at a
City of Ashland on the
SIGNED and APPROVED this
7z-d
,
day of ~ ' 1993.
~~L~~
Catherine M. Golde
Mayor
A~ved as to form:
~tJ*'
Paul Nolte
city Attorney
(d: \eeondev. Res)
~
City of Ashland
Economic and Cultural Grant Allocation
With Tourism Calculation
2007
Adopted Tourism Payment per month
Hotel/Motel Tax Revenue (5% growth) $ 1,514,100
Per Resolution 2004-32 14.23%
Minimum amount needed for Tourism $ 215,456 $ 215,456
1/3 of the proposed revenue $ 504,650
Additional Carryover from Prior Year' 5,000
Total amount budgeted $ 509,650
Amount Allocated:
Per Resolution 2004-32 (3% inflation)
Chamber to promote tourism $ 82,845 $ 82,845 $ 6,904.00
Chamber for economic development 164,800 13,733.00
OSF to promote tourism 113,300 113,300 $ 9,441.67
$ 360,945 $ 196,145 $ 20,637 $ 9,441.67
Other Grants
$ 148,705 $
19,311
$ 215,456
, Please note that the City Council determined that any grant monies not awarded or returned from a grantee
are rebudgeted for expenditure in the next fiscal year.
City of Ashland
FY 2006-07 Economic and Cultural Development Grant Applicants
Small Grants Tourism Allocation
Adopted Tourism Allocated to
Organization Requested Amount Amount Percentage Tourism
Ashland Independent Film Festival $ 30,000 $ 16,000 $ 20,000 0.67 10,667
Rogue Valley Symphony 14,750 8,000 1,622 0.11 880
Nuwandart 5,500 1,500 1,100 0.20 300
Ashland Gallery Association 33,200 16,000 19,400 0.58 9,349
Community Works 10,000 2,500 0.00
St. Clair Productions 6,000 4,000 2,400 0.40 1,600
Arts Council 12,500 5,000 7,500 0.60 3,000
Multi Cultural Association 10,000 10,000 0.00
The Jefferson Center for Religion 10,000 7,000 0.70
Lithia Arts Guild 15,431 9,000 3,086 0.20 1,800
Youth Symphony of Southern Oregon 5,500 5,000 0.00
Second Street Musicians 3,250 2,000 0.62
Dancing People Company 7,000 700 0.10
ScienceWorks 20,303 16,000 5,076 0.25 4,000
Konaway Nika Tillicum 5,000 5,000 2,500 0.50 2,500
Chautauqua Poets & Writers Board 5,000 5,000 0.00
SOWAC 8,000 8,000 0.00
Thrive 11 ,000 11 ,000 1,100 0.10 1,100
Children's Musical Theatre of Ashland 25,000 625 0.03
ArtNow 1,500 1,205 300 0.20 241
Rogue Opera 12,000 7,000 0.00
S. Oregon Repertory Singers 7,500 2,500 4,100 0.55 1,367
Peace House 9,766 0.00
Oregon Stage Works 51,000 5,000 20,400 0.40 2,000
Siskiyou Singers 7,000 5,000 300 0.04 214
Ballet Rogue 10,000 6,000 5,000 0.50 3,000
$ 336,200 $ 148,705 $ 98,909 38,804
Amount Available $ 148,705
Tourism Minimum $ 19,311
2/1/2007
~
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Council Communication
CI T Y 0 F
ASHLAND
Discussion of Interim Library Funding Options
Meeting Date:
Department:
Contributing
Approval:
Estima
Statement:
At the January 16 meeting, council directed staff to explore funding mechanisms to operate the Ashland Public Library
which is scheduled to close on April 6 due to lack of county funding.
February 6,2007
Administration
a ments: Legal and Finance
Primary Staff Contact:
bennettm@ashland.or.us
Secondary Staff Contact:
Martha Bennett
inutes
Staff anticipates that it would cost approximately $1.2 - $1.4 annually to operate the Ashland library. This would include
building maintenance, personnel costs, access to the county's book catalog system and participation in Southern Oregon
Library Information System (SOLIS). It is unclear if this amount would allow the library to operate with all the current
programs in place and to deliver the current level of service or if this amount would allow for a basic, bare bones level of
library service.
A 1 % income tax has been suggested as a means of funding the library as well as forming a special district based on
Ashland school boundaries. Staff is not including these proposals in the list of possible funding mechanisms primarily due
to timing. Attached is our summary research about a local income tax and a special district.
It has also been suggested that an extension of the food and beverage tax be placed on the May ballot. The extension would
allow for ongoing revenue stream for payment of the wastewater treatment plant and funds for open space and provide an
opportunity to draw upon those future funds to finance the library on a temporary basis until a county-wide solution is
identified. This option could be put into place fairly seamlessly and avoid closing the library for any length time. Staff has
not had the opportunity to fully explore this suggestion but it is the only suggestion that does not create new taxes and fees.
Three of the options developed by staff include a property tax levy. It is important to note that even if the levy gains voter
approval, the tax may not be imposed.
A local funding method is meant to be a stop gap measure: a means of keeping the Ashland library open until a county
solution is implemented.
Staff Recommendation:
Seek voter approval for any additional funds needed to support the library.
Background:
Jackson County Libraries are funded through the county general fund. Due to loss of federal funds, Jackson County
anticipates closing all libraries on April 6, 2007.
In November of2006, a local option tax levy for Jackson County Library operations was defeated by voters county-wide
though in Ashland the initiative passed by 70%.
The county will budget $1.4 million for the upcoming year to cover library infrastructure, maintaining subscription, SOLIS
and approximately six staff to manage the Medford main branch library for RCC. The county is exploring the possibility of
allowing cities who are funding their local library to "opt in" for a fee to use these central services.
Council Options:
· See attached Interim Library Funding Solutions
Attachments:
· Interim Library Funding Solutions
· Staff Summary on Income Tax and Special Library District
1
City of Ashland
Library Funding
February 6, 2007
Staff Summary on 1 % Income Tax
Income Tax collected by the State
Based on conversations with the Oregon Department of Revenue there are a number of logistical issues that
could take months to resolve including redesign of the income tax form, training ODR staffto respond to
Ashland phone calls, legislative authority and more. ODR is confident these issues could eventually be
resolved, but it would take a number of months. Further, the soonest a local income tax could be imposed is
2008 making funds available in 2009.
ODR is meeting this week to begin to address these issues as a number of jurisdictions have requested
information about imposing a local income tax.
Income Tax collected by the City of Ashland
Staff discussed the possibility of trying to collect and administer the tax locally. Again logistical issues could
take months to resolve (additional staff, software etc.) making it very difficult to get the system up and running
in a timely manner. Hypothetically, the city could use the business license list to impose a tax in 2007 making
funding available in 2008, but it is unlikely we could have a working system in place to collect in 2007.
In either case, the question arose as to whom would actually be taxed: people who live and work in Ashland and
people who work in Ashland but live elsewhere and people who live in Ashland but make their income outside
of Ashland? This question will need to be answered if a personnel income tax is implemented.
Because of the logistical issues staff is not recommending a personnel income tax as a possible solution at this
time, however it may be a solution at a future date.
Library Special District! Ashland School District Boundaries
It has been suggested that a special Library District be formed using either the Ashland School District
boundaries and/or extending the district to Talent.
The Ashland School District boundaries extend beyond the city limits and the City cannot impose a tax on
people who live outside Ashland.
It is possible to form a Library District using the school district boundaries however new taxing districts can
only be formed during even numbered years. It is possible that this could occur in 2008, a tax imposed in 2009
and funds available in 2010.
2
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CITY OF
ASHLAND
Council Communication
A Resolution of the City of Ashland Authorizing an Interim Bond Financing Loan from
the Special Public Works Fund by Entering into a Loan Contract with the Oregon
Economic and Community Development Department for the Jefferson and Washington
Street Improvements Project Number B06003
Meeting Date: February 6, 2007
Department: Administrative Services
Contributing Departments: ~ID
Approval: Martha Benne
Estimated Time: 30 minute
Primary Staff Contact:
E-mail:
Secondary Staff Contact:
E-mail:
Lee Tuneberg ~'
tuneberl@ashland,or.us
Statement:
Attached is a resolution authorizing staff to enter into an agreement with the Oregon Economic and Community
Development Department to interim finance the improvements of Jefferson and Washington Streets as part of the
Brammo Project. This financing will be replaced during FY 2007 or FY 2008 when OECDD issues tax-exempt
bonds through the Oregon Bond Bank.
Staff Recommendation:
Staff recommends approval of this resolution.
Background:
Staff applied to the State for grants and loans to extend and improve Jefferson and Washington streets to support
the construction of a facility to house the Brammo Motors manufacturing firm. Oregon Economic & Community
Development Department has provided the City with forms for $900,000 to fund the project (B06003) with
$500,000 being a loan and the rest an economic grant. Staff has obtained an agreement from Craig Bramscher
that assures payment of the debt service on the loan,
In order to move forward with the project's financing the City must provide OECDD with documents showing
Council approval to enter into a promissory note, interim financing and eventually long term financing for the
project.
Interim financing is available at 3. 77% for two and one half years to complete the project. Upon completion of the
project actual costs not to exceed the $500,000 loan will be included in an Oregon Bond issue paying off the
interim financing and establishing a payment schedule for the following ten years. Bramscher has signed an
agreement to lien his property to guarantee payment of the loan and related costs.
The financing of this project is a full faith and credit obligation of the city which means the City is pledging its
resources including the ability to tax to pay the debt.
Attached is a resolution providing authorization to sign the attached promissory note, contract, loan agreement
and related documents with the State.
rA'
Related City Policies:
None
Council Options:
Council could approve the resolution authorizing staff to proceed with the project.
Council could ta'ke no action awaiting additional information.
Council could reject the project and the proposed financing.
Attachments:
Resolution
OECDD Financial Assistance Award Contract for Interim Financing including:
Interim Financing Loan Agreement
Special Conditions of Award
Project Description
Project Budget (Schedule)
Description of the Loan (Interim financing)
OECDD Promissory Note
OECDD August 16, 2006 Summary of Award Letter
r~'
RESOLUTION NO. 2007-
A RESOLUTION OF THE CITY OF ASHLAND AUTHORIZING AN
INTERIM BOND FINANCING LOAN FROM THE SPECIAL PUBLIC
WORKS FUND BY ENTERING INTO A LOAN CONTRACT WITH THE
OREGON ECONOMIC AND COMMUNITY DEVELOPMENT
DEPARTMENT FOR THE JEFFERSON AND WASHINGTON STREET
IMPROVEMENTS PROJECT NUMBER B06003
Recitals:
The City Council of the City of Ashland, the governing body of the City of Ashland (the
"Council"), finds:
A. The City of Ashland ("City") is a "municipality" within the meaning of Oregon
Revised Statutes 285 B.41 O( 1).
B. Oregon Revised Statutes 285B.41 0 through 285B.479 (the "Act") authorize
any municipality to file an application with the Oregon Economic and Community
Development Department ("the Department") to obtain financial assistance from the
Special Public Works Fund.
C. The City has filed an application with the Department to obtain financial
assistance for the extension and improvement of Jefferson ad Washington streets for
the purpose of constructing buildings to house Brammo Motors manufacturing creating
new jobs within the community. This project is an "infrastructure project" within the
meaning of the Act.
D. The Department has approved the City's application for financial assistance
from the Special Public Works Fund pursuant to the Act.
E. The City is required, as a prerequisite to the receipt of financial assistance
from the Department, to enter into a Financial Assistance Award Contract for Interim
Bond Financing, an Interim Bond Financing Loan Agreement and promissory notes with
the Department in substantially the form attached hereto as Exhibits "A" and "B."
F. The project described in Exhibit "A" to the Loan Agreement (the "Project") is a
"community facilities project" within the meaning of the Act which is needed by and is in
the public interest of the City.
G. Notice relating to the City's consideration of the adoption of this Resolution
was published at least once in a newspaper of general circulation within the City of
Ashland. Such notice was published at least 7 days in advance of the adoption of this
Resolution.
1- Resolution G:\FINANCE\ADMINISTRATION\COUNCIL COMMUNICATION\FEBRUARY 07\FINAL\RESOLUTION - SPWF INTERIM FINANClt
The Council Resolves:
1. Interim Bond Financinq Loan Authorized. The Council authorizes the Finance
Director to execute the Financial Assistance Award Contract for Interim Bond
Financing, Interim Bond Financing Loan Agreement, the Promissory Note attached as
Exhibit "F" to the Loan Agreement (the "Financing Documents") and such other
documents as may be required to obtain financial assistance including a loan from the
Department on the condition that the principal amount of the loan from the Department
to the City is not in excess of $500,000 and the interest rate is a percent deemed
reasonable by the Finance Director and in the best interest of the City of Ashland. The
proceeds of the loan from the Department shall be applied solely to the "Costs of the
Project" as such term is defined in the Loan Agreement.
2. Security. Amounts payable by the City shall be payable from the sources described
in Section 2.06 of the Loan Agreement and the Oregon Revised Statutes Section
285B.437(3) which include:
a. any sources of funds that are legally available to the City,
b. the revenues, if any, of the Project, including special assessment revenues, if
any,and
c. the City's general fund including the general revenues of the City, other funds
which may be available for such purpose and a pledge of the City's taxing power
within the restrictions of Article XI, Section 11 and 11 b of the Constitution of the
State of Oregon. The obligation of the City to make payments pursuant to the
Loan Agreement is a full faith and credit obligation of the City that is not subject
to annual appropriation.
3. Additional Documents. The Finance Director is hereby authorized to enter into any
agreements and to execute any documents or certificates which may be required to
obtain financial assistance from the Department for the Project pursuant to the
Financial Assistance Award Contract and the Loan Agreement.
4. Tax-Exempt Status. The City covenants not to take any action or omit to take any
action if the taking or omission would cause interest paid by the City pursuant to the
Loan Agreement not to qualify for the exclusion from gross income provided by Section
103(a) of the Internal Revenue Code of 1986, as amended. The Finance Director of the
City may enter into covenants on behalf of the City to protect the tax-exempt status of
the interest paid by the City pursuant to the Loan Agreement and may execute any Tax
Certificate, Internal Revenue Service forms or other documents as shall be required by
the Department or their bond counsel to protect the tax-exempt status of such interest.
5. Reimbursement Bonds. The City may reimburse expenditures for the Project with
amounts received from the Department pursuant to the Financing Documents.
Additionally, the City understands that the Department may fund or reimburse itself for
the funding of amounts paid to the City pursuant to the Financing Documents with the
proceeds of bonds issued by the State of Oregon pursuant to the Act. This Resolution
shall constitute "official intent" within the meaning of Section 1.150-2 of the Income Tax
2- Resolution G:\FINANCEIADMINISTRATION\COUNCIL COMMUNICATION\FEBRUARY 07\FINAL\RESOLUTION - SPWF INTERIM FINANClt
Regulations promulgated by the United States Department of the Treasury with respect
to the funding or the reimbursement for the funding of the costs of the Project with the
proceeds of the City's loan pursuant to the Financing Documents and with the proceeds
of any bonds issued by the State of Oregon pursuant to the Act.
6. Effective Date of Resolution. In order that there be no delay in financing the Project
as provided in this Resolution, this Resolution shall be in force and effect from and after
passage by the Council.
This resolution was read by title only in accordance with Ashland Municipal Code
32.04.090 duly PASSED and ADOPTED this day of , 2007.
Barbara Christensen, City Recorder
SIGNED and APPROVED this _ day of
,2007.
Reviewed as to form:
John W. Morrison, Mayor
Michael W. Franell, City Attorney
3- Resolution G:\FINANCE\ADMINISTRATION\COUNCIL COMMUNICATION\FEBRUARY 07\FINAL\RESOLUTION - SPWF INTERIM FINANClt
STATE OF OREGON
SPECIAL PUBLIC WORKS FUND
FINANCIAL ASSISTANCE AWARD CONTRACT FOR INTERIM FINANCING
This Contract is made and entered into as of , 2006 by and between
the STATE OF OREGON, ACTING BY AND THROUGH ITS ECONOMIC AND COMMUNITY
DEVELOPMENT DEPARTMENT ("State") and City of Ashland ("Borrower") The reference number of
this Contract is B06003.
SECTION 1
CERTAIN DEFINITIONS
As used in this Contract, the following terms shall have the meanings set forth below, unless the context
requires otherwise:
"Act" means ORS 285BAI 0 through 285B.482, as amended.
"Contract" means this contract between the State and the Borrower, including any exhibits, schedules
and attachments thereto, as amended from time to time.
"Costs of the Proiect" means all eligible costs of acquiring and constructing the Project, including any
financing costs properly allocable to the Project, as set out in the approved Project Budget in Exhibit C to
the Loan Agreement.
"Default" means an event which with notice or lapse of time or both would become an Event of Default
as set out in Section 6 hereof.
"Event of Default" means any of the events described in Sections 6(A) through 6(D) of this Contract.
"Grant" has the meaning ascribed thereto in Section 2(B) of this Contract.
"Loan" has the meaning ascribed thereto in Section 2(A) of this Contract.
"Loan Agreement" means that certain interim financing loan agreement, substantially in the form of
Exhibit I hereto, entered into between the State and the Borrower, as of the date hereof, as such agreement
may from time to time be amended and/or restated.
"Note" means that certain promissory note, substantially in the form of Exhibit F to the Loan
Agreement, executed by the Borrower in favor of the State, as it may from time to time be amended,
extended, renewed or restated.
"Proiect" has the meaning ascribed thereto in the Loan Agreement and described in Exhibit B of the
Loan Agreement.
"Proiect Completion Date" means the date on which the Borrower has in fact completed the construction
of the Project, as described in Section 3.02(d) of the Loan Agreement.
"Special Public Works Fund" or "Fund" means the Special Public Works Fund created by ORS
285BA55(l).
SECTJON 2
FINANCIAL AWARD
A. Amount of Loan. Subject to the terms and conditions of this Contract and the Loan Agreement, the
State agrees to loan and disburse to Borrower, and Borrower agrees to borrow and accept from State, a
non-revolving loan in the maximum aggregate principal amount of $500,000 (the "Loan").
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B. Amount of Grant. Subject to the terms and conditions of the Contract, the State agrees to provide a grant
to the Borrower in the amount of $400,000 (the "Grant").
C. Availability of Funds. The Loan and Grant set out in Section 2(A) and Section 2(B) above are subject to
the availability of moneys in the Special Public Works Fund. V
D. Change in the Act. The State shall not be obligated to provide the Grant or the Loan or make any
disbursements under the Loan Agreement if, on or prior to the time the Borrower satisfies all conditions
for a disbursement of the Grant or the Loan under the Loan Agreement, there has been a change in the
Act so that the Project is no longer eligible for the financial assistance authorized by this Contract.
E. Disbursements. The Borrower must submit disbursement requests for the Grant or the Loan on a
disbursement request form substantially in the form of Exhibit E of the Loan Agreement. The State
may, in its sole discretion, make disbursements requested by Borrower first under the Grant, then under
the Loan, but in no event will the Grant disbursement exceed 85% of the Costs of the Project.
SECTION 3
USE OF AWARD
The use of the Grant and the Loan is expressly limited to the Project activities described in Exhibit B of the
Loan Agreement. The use of these funds is also expressly subject to the terms and conditions set out in
Exhibit A to the Loan Agreement.
SECTION 4
REPRESENTATIONS OF THE BORROWER
The Borrower represents and warrants to the State that:
A. Costs of the Proiect. A reasonable estimate of the Costs of the Project is $900,000.
B. [Reserved]
C. Binding Obligation. This Contract has been duly authorized, executed and delivered by the Borrower
and constitutes the legal, valid and binding obligation of the Borrower, enforceable in accordance with
its terms.
SECTION 5
COVENANTS OF BORROWER
The Borrower covenants as follows and understands that the requirements of the covenants may only be
waived or amended by a written instrument executed by the State:
A. Compliance with Laws. The Borrower will comply with the requirements of all applicable laws, rules,
regulations and orders of any governmental authority that relate to the construction of the Project and the
operation of any utility system of which the Project is a component. In particular, but without limitation,
the Borrower shall comply with the following, as applicable:
l. State procurement regulations found in the Oregon Public Contracting Code, ORS Chapters 279A,
279B and 279C.
2. State labor standards and wage rates found in ORS Chapter 279C.
3. State municipal finance and audit regulations found in ORS Chapter 297.
4. State regulations regarding industrial accident protection found in ORS Chapter 656.
5. State conflict of interest requirements for public contracts.
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6. State environmental laws and regulations enacted by agencies listed in Exhibit 2 hereto.
7. Oregon Administrative Rules, Chapter 123, Division 42, as amended from time to time at the
discretion of the State.
8. State municipal bonding requirements found in the Act and in ORS Chapters 280, 284, 286, 287 and
288.
B. Drawings. The Borrower shall obtain as-built drawings for all construction projects with the proceeds of
the Loan or the Grant. The Borrower shall obtain certification of completion per the as-built drawings
from the Project engineer or architect, as applicable.
C. Operation and Maintenance of the Proiect. By the Project Completion Date, the Borrower will have a
program, documented to the satisfaction of the State, for the on-going maintenance, operation and
replacement, at Borrower's sole expense, of the public works service system, ifany, of which the Project
is a part. This program should include a plan for generating revenues sufficient to assure the operation,
maintenance and replacement of the public works system, ifany, of which the Project is a part during the
service life of the Project.
D. Signs and Notifications. Borrower shall post a sign at the Project site or, if more than one site is
included in the Project, at a site visible to the general public acknowledging the participation of the
State. The sign shall be installed prior to construction and shall be maintained for the duration of the
construction period. The State shall provide the sign to Borrower upon request.
E. Insurance. Except as may be provided in Exhibit A to the Loan Agreement, in the event the Project, or
any portion thereof, is destroyed and the Project is insured, any insurance proceeds shall be paid to the
State and shall be applied to prepay the outstanding balance of the Loan in accordance with Section 2.04
of the Loan Agreement unless the State agrees in writing that the insurance proceeds shall be used to
rebuild the Project.
F. Creation ofProiect Account. The Borrower shall establish and maintain a segregated Project account.
The Loan proceeds and Grant proceeds (as and when the Loan and Grant proceeds are disbursed by the
State to the Borrower) shall be deposited in this segregated Project account. Earnings on this account
shall be credited to this account. Moneys in this account shall only be used to pay the Costs of the
Project.
G. Indemnity. To the fullest extent permitted by law, the Borrower shall indemnify the State and its
officers, employees and agents from and against all claims, suits, actions, losses, damages, liabilities,
costs and expenses of any nature whatsoever resulting from, arising out of, or relating to the activities of
Borrower or its officers, employees, contractors, or agents under or related to this Contract or the
Project.
H. Sales, Leases and Encumbrances. Borrower may not sell, lease, exchange, transfer or otherwise dispose
of any property constituting a part of the Project or any interest therein or any system, the revenues of
which are pledged for payment of amounts due under the Loan Documents (as defined in the Loan
Agreement), unless it is worn out, obsolete or, in the reasonable business judgment of the Borrower, no
longer useful in the operation of the Project, except if (i) the State consents thereto in writing upon
ninety (90) days' prior written notice to the State and (ii) Borrower assigns the Loan Agreement and the
other Loan Documents pursuant to Article V of the Loan Agreement.
Except as may be provided in the Exhibit A to the Loan Agreement, proceeds of such sale, lease,
exchange, transfer or other disposition which are not used to replace property that is part of the Project
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shall be paid to the State and shall be applied to prepay the outstanding balance of the Loan in
accordance with Section 2.04 of the Loan Agreement.
1. Condemnation Proceeds. Except as may be provided in Exhibit A of the Loan Agreement, in the event
the Project, or any portion thereof is condemned, any condemnation proceeds shall be paid to the State
and shall be applied to prepay the outstanding balance of the Loan in accordance with Section 2.04 of
the Loan Agreement.
J. Professional Services. Borrower shall demonstrate that any service provider retained for their
professional expertise is certified, licensed or registered, as applicable in the State of Oregon, for their
specialty.
K. Economic Benefit Data. The State may request that the Borrower submit specific requested data on the
economic development benefits of the Project, from the date hereof until six (6) years after the Project
Completion Date. Upon such request by the State, the Borrower shall, at the Borrower's expense,
prepare and file the requested data within the time specified in the request. Data shall document specific
requested information such as any new direct permanent or retained jobs resulting from the Project and
other information to evaluate the success and economic impact of the Project.
L. Job Creation and Retention or Grant Repayment. In order to retain the Grant, Borrower will create and
maintain or cause to be created and maintained at the Brammo Motorsports, LLC ("Brammo") facilities
located in Ashland, Oregon a minimum of 80 new full-time equivalent jobs for at least one year, such
one-year period to begin no earlier than July 1,2008 and end no later than June 30, 20 II (such one year
period to be referred to below as the "Retention Period"). If Borrower does not maintain or cause to be
maintained at the Brammo facilities at least 80 full-time equivalent jobs for the Retention Period,
Borrower shall repay to State Grant moneys equal to $5,000 multiplied by the difference obtained by
subtracting the total number of jobs Borrower did create and maintain or cause to be created and
maintained for the Retention Period from 80; provided, however, that if the full amount of the Grant was
not disbursed to Borrower, then the repayment obligation of Borrower under this Section 5.L, if any,
shall be reduced (but not to an amount less than zero) by the portion of the Grant that was not disbursed.
F or purposes of this Agreement, one (I) full-time equivalent job is equal to 1,820 hours worked during
the Retention Period. "Hours worked" for an employee means all hours that the employee worked, if the
employee is paid for those hours. "Hours worked" does not include vacation time, sick leave or any
other paid time where no work is performed.
State intends to obtain the number of hours worked by employees of Brammo at its Ashland, Oregon
facilities during the Retention Period through review of information obtained from the Oregon
Employment Department. If State is not able to obtain information from the Oregon Employment
Department to determine the number of hours worked by Brammo's employees at its Ashland, Oregon
facilities during the Retention Period, Borrower shall provide comparable information, as the State may
reasonably request, for each such employee in order to determine the actual number of full-time
equivalent jobs at Brammo' s Ashland, Oregon facilities during the Retention Period.
M. First Source Agreement. Borrower shall enter or shall cause Brammo to enter into a First Source
Agreement, as outlined in OAR Chapter 123, Division 70, with the Oregon Employment Department,
119 N. Oakdale, Medford, OR 97504. The First Source Agreement shall be in effect while any amount
remains unpaid under the Note.
N. Minority, Women & Emerging Small Business. ORS 200.090 requires all public agencies to
"aggressively pursue a policy of providing opportunities for available contracts to emerging small
businesses..." The Oregon Economic and Community Development Department encourages Borrower,n
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in any contracting actIvItIes, to follow good faith efforts in ORS 200.045, available at
http://www.leg.state.or.us/ors/200.html. Additional resources are provided by the Governor's Advocate
for Minority, Women & Emerging Small Business at http://egov.oregon.gov/Gov/MWESB/index.shtml.
Also, the Office of Minority, Women, and Emerging Small Business at the Department of Consumer and
Business Services maintains a list of certified firms and can answer questions. Search for certified
MWESB firms on the web at: http://imdIO.cbs.state.or.us/ex/dir/omwesb/.
SECTION 6
DEFAUL T
Time is of the essence of this Contract. If any of the following Events of Default occurs and is
continuing, namely:
A. The Borrower fails to proceed expeditiously with, or to complete, the Project or any segment or phase of
the Project in accordance with the plans and schedules approved by the State; or
B. Any representation with respect to current or historical information made to the State herein or in any
other pertinent documents, certificates and reports relied upon by the State in gauging the progress of the
Project, compliance with the requirements of the Act or performance of duties by the Borrower is untrue
in any material respect; or
C. Except as provided in B or D of this Section, the Borrower fails to perform or observe any of its
covenants or agreements contained herein and fails to correct such deficiencies within thirty (30) days of
notice from the State of such deficiencies, or such longer period as the State may authorize in its sole
discretion; or
D. The occurrence of an Event of Default under the Loan Agreement;
thereupon, and in each such case, the State, upon notice to the Borrower, may pursue any remedy legally
available, including but not limited to the remedies set forth in Section 7.
SECTION 7
REMEDIES
Upon the occurrence of an Event of Default under this Contract, the State may pursue any or all of the
remedies set forth herein or in the Loan Agreement or Note and any other remedies available at law or in
equity. Such remedies include, but are not limited to, termination of the State's commitment and obligation
to make the Grant or the Loan or disbursements under Contract and Loan Agreement, acceleration of the
Loan, repayment of the Grant, declaration of the Borrower's ineligibility to receive future Lottery funded
awards and the withholding pursuant to ORS 285B.449 of other State funds due the Borrower. The
remedies provided herein are cumulative and not exclusive of any remedies provided by law.
SECTION 8
MlSCELLANEOUS
A. No Implied Waiver, Cumulative Remedies. No failure on the part ofthe State to exercise, and no delay
in exercising, any right, power, or privilege under this Contract shall operate as a waiver thereof, nor
shall any single or partial exercise of any right, power, or privilege under this Contract preclude any
other or further exercise thereof or the exercise of any other such right, power or privilege.
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B. Notices. All notices to or upon the parties hereto shall be in writing and shall be deemed to have been
duly given or made when delivered by hand or deposited in the mails, postage prepaid, addressed to the
party to which such notice is required or permitted to be given or made at the addresses set forth below
or at such other address of which such party shall have notified in writing the other party hereto.
If to the State:
Operations Manager, Community Development Division
Economic and Community Development Department
775 Summer Street NE, Suite 200
Salem, OR 97301-1280
If to the Borrower:
Administrative Services and Finance Director
City of Ashland
20 East Main Street
Ashland, OR 97520
Any notice so addressed and mailed shall be effective five (5) days after mailing. Any notice given by
personal delivery shall be effective when actually delivered.
C. Severability. If any term or condition of this Contract is declared by a court of competent jurisdiction to
be illegal or in conflict with any law, the validity of the remaining terms and conditions shall not be
affected, and the rights and obligations of the parties shall be construed and enforced as if the Contract
did not contain the particular term or condition held to be invalid.
D. No Construction against Drafter. The terms of this Contract shall not be construed against either party
as the drafter hereof.
E. Successors and Assigns; No Third Party Beneficiary.
(I) This Agreement shall be binding upon and inure to the benefit of State, Borrower, and their
respective successors and assigns, except that Borrower may not assign or transfer its rights or
obligations hereunder or any interest herein without the prior consent in writing of State.
(2) Nothing in this Agreement gives, is intended to give, or shall be construed to give or provide any
benefit or right, whether directly, indirectly or otherwise, to any third persons (including but not limited
to Brammo) any rights and benefits with respect to such obligations greater than those enjoyed by the
general public.
F. Applicable Law. This Contract shall be governed by and construed in accordance with the laws of the
State of Oregon, including the Act, without regard to principles of conflicts of law. Any claim, action,
suit or proceeding (collectively, "Claim") between the State (and/or any agency or department of the
State of Oregon) and the Borrower that arises from or relates to this Contract shall be brought and
conducted solely and exclusively within the Circuit Court of Marion County for the State of Oregon
(unless Oregon law requires that it be brought and conducted in another county); provided, however, if a
Claim must be brought in a federal forum, then it shall be brought and conducted solely and exclusively
within the United States District Court for the District of Oregon. In no event shall this Section be
construed as a waiver by the State of Oregon of any form of defense or immunity, whether it is
sovereign immunity, governmental immunity, immunity based on the Eleventh Amendment to the
Constitution of the United States or otherwise, from any Claim or from the jurisdiction of any court.
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G. Merger; Amendments. This Contract, including all Exhibits (which are by this reference incorporated
herein), constitutes the entire agreement between the parties on the subject matter hereof. There are no
understandings, agreements or representations, ora] or written, not specified herein regarding this
Contract. The terms of this Contract, including timeframes for Project completion, will not be waived,
altered, modified, supplemented, or amended in any manner except by written instrument signed by the
parties (or, in the case of a waiver, by the party against whom the waiver is being asserted).
H. Execution in Counterparts. This Contract may be executed in severa] counterparts, each of which shall
be an original and all of which shall constitute but one and the same instrument.
IN WITNESS WHEREOF, the parties hereto have caused this Contract to be duly executed by their
respective representatives. The Borrower, by the signature below of its authorized representative, hereby
acknowledges that it has read this Contract, understands it, and agrees to be bound by its terms and
conditions.
STATE OF OREGON
acting by and through its Economic and
Community Deve]opment Department
CITY OF ASHLAND
By:
By:
The Honorab]e John Morrison
Mayor of Ash]and
Laird Bryan, Operations Manager
Community Deve]opment Division
Date:
Date:
ApPROVED AS TO LEGAL SUFFICIENCY IN ACCORDANCE WITH ORS 291.047:
Isl Lynn T. Nagasako (as per emai] October 31,2006)
Lynn T. Nagasako, Sf. Assistant Attorney Genera]
Date:
October 31, 2006
Exhibit 1: Loan Agreement
Exhibit 2: Environmenta] and Natura] Resource Agencies
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Interim Financing Loan Agreement, Exhibit]
Page] of] 7
INTERIM FINANCING LOAN AGREEMENT
between
STATE OF OREGON
acting by and through its
ECONOMIC AND COMMUNITY DEVELOPMENT DEPARTMENT
and
CITY OFAsHLAND
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TABLE OF CONTENTS
Page
ARTICLE I
DEFINITIONS
SECTION 1.0 I. Definitions........ ........ ....... ........................ .... ...................... ........................ ....... ..... .............4
SECTION 1.02. General Rules ........... ..................... ..... ................... ......... ........................ .......... .......... _.......5
ARTICLE II
LOAN TO BORROWER
SECTION 2.01. Loan; Disbursements; Use of Proceeds....... ................ ..................... .......... ....... .................5
SECTION 2.02. Loan Payment.............. ...................................... ............................ .....................................6
SECTION 2.03. Unconditional Obligations....... ................ ......... ...... ....... ................ ...... ..............................6
SECTION 2.04. Loan Prepayments. ....... .............. ................... ...... ....................................... .................... ....6
SECTION 2.05. [Reserved]........ ................................... ............. ......................... .............................. ...........6
SECTION 2.06. Sources of Payment of Borrower's Obligations....... ............. .............. ................ ...............7
SECTION 2.07. Disclaimer of Warranties; Limitation of Liability; Indemnification..................................7
ARTICLE III
REPRESENT A TIONS, WARRANTIES AND COVENANTS OF BORROWER
SECTION 3.01. Representations and Warranties of Borrower ...... ....... ......... ....... ........... .......... .............. ....8
SECTION 3.02. Particular Covenants of the Borrower.............................................................................. 1 0
ARTICLE IV
CONDITIONS PRECEDENT
SECTION 4.0 I. Loan Closing .......... ............ ...................... ....... ....... .......................... .......... ...... ...... ......... .13
SECTION 4.02. Conditions to Disbursements........................................................................................... 13
ARTICLE V
ASSIGNMENT
SECTION 5.0 I. [Reserved]....................................................................................................................... .14
SECTION 5.02. Assignment by Borrower................................................................................................ .14
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ARTlCLE VI
DEFAULTS AND REMEDIES
SECTION 6.01. Event of Default. ......... ................ .................. ............ .............................. ......... .......... ... ..14
SECTlON 6.02. Notice of Default..... ...... ................... ...................... ...... ........, ................................. ........ ..15
SECTION 6.03. Remedies on Default .... ..................... ................. ........... ......."..... ........................ ....... .... ...15
SECTION 6.04. Attorney's Fees and Other Expenses .................. ............... ..', .... .... ........... ......... ... .......... ..15
SECTION 6.05. Application of Moneys ........... ...................................... ........,. ........ ....................... ......... ..15
SECTION 6.06. No Remedy Exclusive; Waiver; Notice ...........................................................................15
SECTION 6.07. Default by the State. ........... ......... ................. .................... .......... ....................... ....... ...... ..16
ARTICLE VII
MISCELLANEOUS
SECTION 7.01. Notices.... .... ........... ....... ........... ............................. ......... ...... .................. ... ......... ...... ........ .16
SECTION 7.02. Binding Effect.... ............ ......... .............................. ....... ...... ... ..... ......... .... ...... .... .............. .16
SECTION 7.03. Severability ....... ...... ................ ........... .................. ................. ........ ..... ........ ......... ..... ...... ..16
SECTION 7.04. Amendments, Supplements and Modifications................................................................16
SECTION 7.05. Execution in Counterparts ........... ..... .................. ...... .......... .......... ....... ...... .......... ....... ... ...16
SECTlON 7.06. No Construction against Drafter............... ..... ......... .... ...... ............. ......... ............ .......... ...16
SECTION 7.07. Applicable Law........................... ........................ .......... ........... ................ ....................... .16
SECTION 7.08. Consents and Approvals ........ ................................ ..... ....... ................................ .... ........ ...17
SECTION 7.09. Merger; No Waiver ........... .......... .............................................................. ..................... ..17
EXHIBITS
Exhibit A: Special Conditions of Award
Exhibit B: Project Description
Exhibit C: Project Budget
Exhibit D: Description of Loan
Exhibit E: Form of Disbursement Request
Exhibit F: Form of Promissory Note
Exhibit G: Form of Opinion of Borrower's Counsel
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THIS INTERIM FINANCING LOAN AGREEMENT, is made and entered into as of
XXXXXXXXXXXXXX, XXXX, by and between the STATE OF OREGON, ACTING BY AND
THROUGH ITS ECONOMIC AND COMMUNITY DEVELOPMENT DEPARTMENT (the "State"), and
the Borrower (as defined below).
ARTICLE I
DEFINITIONS
SECTION 1.01. Definitions. The following terms as used in this Loan Agreement shall, unless the
context clearly requires otherwise, have the meanings assigned to them below:
"Act" means ORS 285B.41 0 through 285B.482, as amended.
"Authorized Officer(s)" means, in the case of the Borrower, the person(s) whose name(s) and/or title(s)
is set forth in Exhibit D hereto or such other person or persons authorized pursuant to a resolution, an order,
ordinance or other official action of the governing body of the Borrower to act as an authorized officer(s) of
the Borrower to perform any act or execute any document relating to the Loan or this Loan Agreement and
whose name(s) and/or title(s) is furnished in writing to the State.
"Borrower" means the Municipality that is a party to this Loan Agreement and is described on Exhibit D
hereto, and its successors and assigns.
"Business Day" means any day other than a Saturday, Sunday or legal holiday or a day on which
banking institutions in Salem, Oregon are closed.
"Contract" means the financial assistance award contract for interim financing dated as of the date
hereof between the State and Borrower, to which the form of this Loan Agreement is attached as Exhibit I,
as amended from time to time.
"Costs of the Project" means those costs that are (a) reasonable, necessary and directly related to the
Project, including any financing costs properly allocable to the Project and preliminary costs such as
engineering and architectural reports, studies, surveys, permits, soil tests, designs, plans, working drawings
and specifications that are necessary for the construction of the Project, and (b) permitted by generally
accepted accounting principles to be costs of such Project.
"Counsel" means an attorney at law or firm of attorneys at law (who may be, without limitation, of
counsel to, or an employee of, the State or the Borrower) duly admitted to practice law before the highest
court of any state.
"Disbursement Request" means a requisition executed by the Borrower requesting a draw under this
Loan Agreement in substantially the form of Exhibit E hereto.
"Event of Default" means any occurrence or event specified in Section 6.01 hereof.
"Loan" means the non-revolving loan to be made by the State to the Borrower to provide interim
financing for a portion of the Costs of the Project pursuant to this Loan Agreement.
"Loan Agreement" means this interim financing loan agreement, including any exhibits, schedules or
attachments hereto (which are by this reference incorporated herein), as it may be supplemented, modified
or amended from time to time in accordance with the terms hereof.
"Loan Closing Date" means the date on which all conditions to the Loan closing have been satisfied by
Borrower (or waived by the State) and the Loan proceeds are available to disburse to the Borrower in
accordance with Section 2.0 I (b) hereof.
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"Loan Closing Deadline" means the date, as set forth in Exhibit D hereof, by which all conditions
precedent to Loan closing must be satisfied.
"Loan Documents" means the Loan Agreement, Note, and any agreements, instrument and certificates
required to be executed and delivered hereunder.
"Maturity Date" means the date by which the outstanding balance of the Loan must be repaid, as
determined in accordance with Exhibit D of the Loan Agreement.
"Municipality" means any entity described in ORS 285BAI 0(7).
"Note" means that certain promissory note of the Borrower, substantially in the form of Exhibit F hereto,
executed by the Borrower in favor of the State, as it may from time to time be amended, extended, renewed
and/or restated.
"Project" has the meaning ascribed thereto in the Loan Agreement and described in Exhibit B hereto.
"Project Completion Date" means the date on which the Borrower completes construction of the Project
as described in Section 3 .02( d).
"Refunding Proceeds" means the proceeds of any subsequent short- or long-term financing issued to
refund the Loan or to finance the Project.
"Special Public Works Fund" or "Fund" means the fund created by ORS 285BA55(l).
"System" means the utility or wastewater system or systems, if any, of the Borrower which includes the
Project or components of the Project, as such system or systems may be modified or expanded from time to
time. References in this Loan Agreement to the Borrower's "System" shall be ignored to the extent that the
Project is not a component of a utility or wastewater system or system~.
SECTION 1.02. General Rules. Except where the context otherwise requires, words importing the
singular number shall include the plural number and vice versa, and words importing persons shall include
firms, associations, corporations, partnerships, agencies and districts. Words importing one gender shall
include any other gender.
ARTICLE II
LOAN TO BORROWER
SECTION 2.01. Loan; Disbursements; Use of Proceeds.
(a) Loan. Subject to the terms and conditions hereof, in particular Sections 4.01 and 4.02 hereof, the
State hereby agrees to make and disburse to the Borrower, and the Borrower agrees to borrow and accept
from the State, a non-revolving Loan in an aggregate principal amount not to exceed the lesser of (1) the
maximum principal amount of the Loan set forth in Exhibit D hereto or (2) the Costs of the Project minus
the amount of the Grant (as defined in the Contract).
(b) Disbursements. Subject to Sections 4.01 and 4.02 hereof, the proceeds of the Loan shall be
disbursed to the Borrower from time to time on an expense reimbursement or cost incurred basis upon
receipt by the State of a Disbursement Request.
(c) Use of Proceeds. The Borrower shall use the proceeds of the Loan strictly in accordance with
Section 3.02(a) hereof and subject to and in compliance with Exhibit Band Exhibit C hereof.
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SECTION 2.02. Loan Payment. The Borrower agrees to repay the Loan and all amounts due under the
Note or any of the Loan Documents in accordance with the terms hereof and thereof. Unless earlier
repayment is received hereunder or under the terms of the Note, the entire outstanding principal balance and
all accrued unpaid interest shall be due and payable in full on the Maturity Date.
SECTION 2.03. Unconditional Obligations. The provisions of the Loan Agreement shall constitute a
contract with the State and shall be enforceable by the State. Payments required under the Loan Documents
are payable from the sources of repayment described in Section 2.06 hereof, and the obligation of the
Borrower to make all payments required under the Loan Documents and the obligation to perform and
observe the other duties, covenants, obligations and agreements on its part to be performed or observed
contained therein shall be absolute and unconditional. Payments hereunder and under any of the other Loan
Documents shall not be abated, rebated, set-off, reduced, abrogated, terminated, waived, diminished,
postponed or otherwise modified in any manner or to any extent whatsoever, or any payments under this
Loan Agreement or Note remain unpaid, regardless of any contingency, act of God, event or cause
whatsoever, including (without limitation) any acts or circumstances that may constitute failure of
consideration, eviction or constructive eviction, the taking by eminent domain or destruction of or damage to
the Project, commercial frustration of the purpose, any change in the laws of the United States of America or
of the State of Oregon or any political subdivision of either or in the rules or regulations of any
governmental authority, any failure of the State to perform and observe any agreement, whether express or
implied, or any duty, liability, or obligation arising out of or connected with the Project or this Loan
Agreement or any rights of set off, recoupment, abatement or counterclaim that the Borrower might
otherwise have against the State or any other party or parties; provided, however, that payments hereunder
shall not constitute a waiver of any such rights.
SECTION 2.04. Loan Prepayments.
(a) Mandatory Prepayment. The Borrower shall prepay the outstanding balance of the Loan, including
any unpaid accrued interest, upon the occurrence of any of the following events:
(i) destruction of all or a substantial portion of the Project; or
(ii) issuance of any subsequent short or long term financing obligation for the Project or to
refund the Loan, including State bonds issued in part for the financing and/or refinancing of
the Project; or
(iii) condemnation of the Project, or any portion thereof, to the extent of the condemnation
proceeds; or
(iv) as required by Section 3.02(e); or
(v) as otherwise required by any of the Loan Documents.
(b) Optional Prepayment Prior to the Maturity Date. The Borrower may prepay all or any portion of
the outstanding balance of the Loan on any Business Day.
(c) General. Loan payments or prepayments shall be applied first to any expenses of the State in
connection with Loan payments and prepayment, then to accrued interest on and finally to principal.
SECTION 2.05. [Reserved]
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SECTION 2.06. Sources of Payment of Borrower's Obligations.
(a) The State and the Borrower agree that the amounts payable by the Borrower under this Loan
Agreement and any of the other Loan Documents, including, without limitation, the amounts payable by the
Borrower pursuant to Sections 2.02, 2.04, 2.07 and 6.04 hereof, are payable from the sources of repayment
described in paragraph (b) of this Section 2.06; provided however that nothing herein shall be deemed to
prevent the Borrower from paying the amounts payable under this Loan Agreement and the other Loan
Documents from any other legally available source.
(b) The amounts payable by the Borrower under this Loan Agreement and the other Loan Documents are
payable from sources of repayment described in the Act and the Refunding Proceeds and other sources
identified in Exhibit A hereto; provided however that nothing herein shall be deemed to prevent the
Borrower from paying the amounts payable under this Agreement and the other Loan Documents from any
other legally available source. Funds from such sources shall be applied to the punctual payment of the
principal of and the interest on the Loan and all other amounts due under this Agreement and other Loan
Documents according to their respective terms. The amounts payable by the Borrower under this Loan
Agreement and the other Loan Documents are also payable from all legally available general funds in the
Borrower's general fund.
(c) The Borrower expressly acknowledges that if the Borrower defaults on payments due under this Loan
Agreement or any of the other Loan Documents, the State of Oregon, pursuant to ORS 285B.449, may
withhold all or a portion of any amounts otherwise due to the Borrower and apply said amounts to payments
due under this Loan Agreement and the other Loan Documents to the fullest extent permitted by law;
provided however that the provisions of the Loan Agreement and the Note are not to be construed in a way
that would cause the obligations of the Borrower thereunder to constitute debt which violates Section 10,
Article XI of the Oregon Constitution.
SECTION 2.07. Disclaimer of Warranties; Limitation of Liability; Indemnification. The Borrower
acknowledges and agrees that:
(a) the State makes no warranty or representation, either express or implied, as to the value, design,
condition, merchantability or fitness for particular purpose or fitness for any use of the Project or any
portions thereof or any other warranty or representation with respect thereto;
(b) in no event shall the State or its agents be liable or responsible for any direct, indirect, incidental,
special or consequential damages in connection with or arising out of this Loan Agreement, any ofthe other
Loan Documents or the Project or the existence, furnishing, functioning or use of the Project or any item or
products or services provided for in this Loan Agreement; and
(c) to the extent authorized by law, the Borrower shall (subject to ORS Chapter 180) defend, indemnifY,
save and hold harmless the State and its officers, employees and agents from and against any and all claims,
suits, actions, proceedings, losses, damages, liability and court awards including costs, expenses, and
attorney fees incurred as a result of any act or omission by the Borrower, or its employees, agents or
subcontractors pursuant to the terms of this Loan Agreement or any of the other Loan Documents, provided,
however, that the provisions of this paragraph (c) are not intended to and shall not be construed as a waiver
of any defense or limitation on damages provided for under and pursuant to Chapter 30 of the Oregon
Revised Statutes or under the laws of the United States or other laws of the State of Oregon.
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ARTICLE III
REPRESENTATIONS, WARRANTIES AND COVENANTS OF BORROWER
SECTION 3.01. Representations and Warranties of Borrower. The Borrower represents and warrants for
the benefit of the State as follows:
(a) Organization and Authority.
(i)The Borrower is a Municipality.
(ii) The Borrower has full legal right and authority and all necessary licenses and permits required as
of the date hereof to own, operate and maintain the Project, other than licenses and permits relating
to the Project which the Borrower expects to receive in the ordinary course of business, to carry on
its activities relating thereto, to execute and deliver this Loan Agreement, to undertake and complete
the Project, and to carry out and consummate all transactions contemplated by this Loan Agreement
and the other Loan Documents.
(iii) The Project is a project which the Borrower may undertake pursuant to Oregon law and for
which the Borrower is authorized by law to borrow money.
(iv) The proceedings of the Borrower's governing members and voters, if necessary, approving this
Loan Agreement and the other Loan Documents and authorizing the execution and delivery of this
Loan Agreement and other Loan Documents on behalf of the Borrower, and authorizing the
Borrower to undertake and complete the Project have been duly and lawfully adopted in accordance
with the laws of Oregon, and the actions of such proceedings were duly approved and published, if
necessary, in accordance with applicable Oregon law, at a meeting or meetings which were duly
called pursuant to necessary public notice and held in accordance with applicable Oregon law, and at
which quorums were present and acting throughout.
(v) This Loan Agreement and all other Loan Documents required hereunder to be executed by
Borrower have been duly authorized and executed and delivered by an Authorized Officer of the
Borrower; and, assuming that the State has all the requisite power and authority to authorize, execute
and deliver, and has duly authorized, executed and delivered, this Loan Agreement and the Loan
Documents required hereunder to be executed by the State, this Loan Agreement and other Loan
Documents required hereunder to be executed by the Borrower constitute the legal, valid and
binding obligation of the Borrower in accordance with their terms.
(vi) Borrower's Contract and the Loan Agreement have been authorized by an ordinance, order or
resolution of the Borrower which was adopted in accordance with applicable law and the Borrower's
requirements for filing public notices and authorizing debt.
(b) Full Disclosure. There is no fact that the Borrower has not disclosed to the State in writing on the
Borrower's application for the Loan or otherwise that materially adversely affects the properties, activities,
prospects or condition (financial or otherwise) of the Borrower or the Project, or the ability of the Borrower
to make all payments required by the Loan Documents and otherwise observe and perform its duties,
covenants, obligations and agreements under this Loan Agreement and the other Loan Documents. Neither
the Borrower's application for the Loan or the Borrower's representations in this Loan Agreement or any of
the other Loan Documents contain any untrue statement of a material fact or omits any statement or
information which is necessary to make the statements therein, in light of the circumstances under which
they were made, not misleading. The information contained in Exhibit Band Exhibit C hereto and in
Sections 2, 3, 4 and 8 of Exhibit D hereto is true and accurate in all respects.
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(c) Pending Litigation. There are no proceedings pending, or, to the knowledge of the Borrower
threatened, against or affecting the Borrower, in any court or before any governmental authority or
arbitration board or tribunal that, if adversely determined, would materially adversely affect the Project,
properties, activities, prospects or condition (financial or otherwise) of the Borrower or the Project, or the
ability of the Borrower to make all payments required by the Loan Documents and otherwise observe and
perform its duties, covenants, obligations and agreements under this Loan Agreement and the other Loan
Documents, that have not been disclosed in writing to the State in the Borrower's application for the Loan or
otherwise.
(d) Compliance with Existing Agreements, Etc. The authorization, execution and delivery of this Loan
Agreement and the other Loan Documents by the Borrower, the observation and performance by the
Borrower of its duties, covenants, obligations and agreements thereunder and the consummation of the
transactions provided for in this Loan Agreement and the other Loan Documents, the compliance by the
Borrower with the provisions of this Loan Agreement and the other Loan Documents and the undertaking
and completion of the Project will not result in any breach of any of the terms, conditions or provisions of,
or constitute a default under, or result in the creation or imposition of any lien, charge or encumbrance upon
any property or asset of the Borrower pursuant to, any existing ordinance or resolution, trust agreement,
indenture, mortgage, deed of trust, loan agreement or other instrument (other than any lien and charge of this
Loan Agreement or any of the documents related hereto) to which the Borrower is a party or by which the
Borrower, the Project or any of its property or assets may be bound, nor will such action result in any
violation of the provisions of the charter or other document pursuant to which the Borrower was established
or any laws, ordinances, resolutions, governmental rules, regulations or court orders to which the Borrower,
the Project or its properties or operations is subject.
(e) No Defaults. No event has occurred and no condition exists that, upon authorization, execution and
delivery of this Loan Agreement or any of the Loan Documents or receipt of the amount of the Loan, would
constitute an Event of Default hereunder. The Borrower is not in violation oC and has not received notice of
any claimed violation of, any term of any agreement or other instrument to which it is a party or by which it,
the Project or its property may be bound, which violation would materially adversely affect the Project,
properties, activities, prospects or condition (financial or otherwise) of the Borrower or the Project or the
ability of the Borrower to make all payments required by the Loan Documents or otherwise observe and
perform its duties, covenants, obligations and agreements under this Loan Agreement and the other Loan
Documents.
(f) Governmental Consent. The Borrower has obtained or will obtain all permits and approvals required
to date by any governmental body or officer for the making, observance and performance by the Borrower
of its duties, covenants, obligations and agreements under this Loan Agreement and the other Loan
Documents or for the undertaking or completion of the Project and the financing or refinancing thereof; and
the Borrower has complied or will comply with all applicable provisions oflaw requiring any notification,
declaration, filing or registration with any governmental body or officer in connection with the making,
observance and performance by the Borrower of its duties, covenants, obligations and agreements under this
Loan Agreement and the other Loan Documents or with the undertaking or completion of the Project and the
financing or refinancing thereof. No consent, approval or authorization of, or filing, registration or
qualification with, any governmental body or officer that has not been obtained is required on the part of the
Borrower as a condition to the authorization, execution and delivery of this Loan Agreement or any other
Loan Document.
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(g) Compliance with Law. The Borrower:
(i) is in compliance with all laws, ordinances, and governmental rules and regulations to which it is
subject, the failure to comply with which would materially adversely affect the ability of the
Borrower to conduct its activities or undertake or complete the Project or the condition (financial or
otherwise) of the Borrower or the Project; and
(ii) has obtained or will obtain all licenses, permits, franchises or other governmental authorizations
presently necessary for the ownership of its property or for the conduct of its activities which, if not
obtained, would materially adversely affect the ability of the Borrower to conduct its activities or
undertake or complete the Project or the condition (financial or otherwise) of the Borrower or the
Project.
(h) The Proiect.
(i) The Project is feasible, and there will be adequate funds available to complete the Project and
repay the Loan.
(ii) The Project is owned by the Borrower and will be operated by the Borrower or by a person under
a management contract or operating agreement with Borrower and shall remain in municipal
ownership until the Loan is repaid in full.
(i) Certification. Pursuant to ORS 285B.563(2)(b)(A), Borrower certifies that adequate funds will be
available to repay the Loan.
(j) Continuing Representations. The representations ofthe Borrower contained herein shall be true at
the time of the Loan Closing Date and at all times during the term of this Loan Agreement.
SECTION 3.02. Particular Covenants of the Borrower.
(a) Use of Proceeds. The Borrower will apply the proceeds of the Loan and interest earnings thereon to
finance all or a portion of the Costs of the Project in accordance with Exhibit Band Exhibit C hereof. None
of the proceeds of the Loan shall be used for
(i) costs in excess of one hundred percent (l 00%) of the total Costs of the Project,
(ii) costs not listed in the Project budget or which are not eligible under the Act, or
(iii) assistance to facilities that are or will be privately owned.
Borrower will apply the proceeds of the Loan and the interest earnings thereon strictly in accordance
with the Act and Oregon law.
(b) Source of Repayment. The Loan shall be paid from such sources of repayment described in
Section 2.06 hereof and Exhibit A hereto to the Loan Agreement. Funds from such sources shall be applied
to the punctual payment of the principal of and the interest on the Loan and all other amounts due under this
Loan Agreement and the other Loan Documents according to their respective terms.
(c) Performance Under Loan Documents. The Borrower covenants and agrees (i) to maintain the Project
in good repair and operating condition; (ii) to cooperate with the State in the observance and performance of
the respective duties, covenants, obligations and agreements of the Borrower and the State under this Loan
Agreement and the other Loan Documents; and (iii) to comply with the covenants described in this Loan
Agreement and the other Loan Documents.
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(d) Completion ofProiect and Provision of Moneys Therefore. The Borrower covenants and agrees to
provide the State with copies of all plans and specifications relating to the Project for review and approval
by the State, but in any event no later than ten (10) days prior to the date on which bids are advertised. The
Borrower shall obtain as-built drawings for the Project and obtain certification of completion per as-built
drawings from the Project engineer or architect within ninety (90) days of the Project Completion Date. The
Borrower shall supply a copy of such drawings and certification to the State upon request. The Borrower
further covenants and agrees (i) to exercise its best efforts in accordance with prudent practice to complete
the Project and to so accomplish such completion on or before the estimated Project Completion Date set
forth in Exhibit D; (ii) to proceed expeditiously with, and complete, the Project in accordance with plans
reviewed and approved by the State and (iii) to provide from its own fiscal resources all moneys, in excess
of the total amount of Loan proceeds it receives pursuant to this Loan Agreement, required to complete the
Project. For purposes of (ii) of the preceding sentence, if the State does not review the plans and
specifications or suggests modifications thereto within thirty (30) days of the receipt by the State of the
plans and specifications, they shall be deemed approved. The Borrower shall have a program, documented
to the satisfaction of the State, for the on-going maintenance, operation and replacement, at its sole expense,
of the Project. The program shall include a plan for generating revenues sufficient to assure the operation,
maintenance and replacement of the Project during the useful life of the Project. Borrower shall provide
such documentation to the State on or before the Project Completion Date.
( e) Disposition of Proiect. Unless worn out, obsolete, or in the reasonable business judgment of the
Borrower, no longer useful in the operation of the Project, the Borrower shall not sell, lease, exchange,
abandon or otherwise dispose of all or substantially all or any substantial portion of the Project or any
system which provides revenues for payment of amounts due under this Loan Agreement and the Loan
Documents, except if
(i) the State consents thereto in writing upon ninety (90) days' prior written notice to the State and
(ii) Borrower assigns this Agreement and the other Loan Documents pursuant to Article V hereof.
Except as provided in Exhibit A hereto, proceeds 'Of any such transfer not used to replace property that is
part of the Project shall be applied to the payment or prepayment of the outstanding principal of and interest
on the Loan, as provided in Section 2.04 of this Agreement.
(f) [Reserved]
(g) Operation and Maintenance of Proiect. The Borrower covenants and agrees that it shall, in
accordance with prudent ownership practice, (i) at all times operate the Project so as to preserve the long
term public benefits of the Project, and (ii) maintain the Project in good repair, working order and operating
condition, including from time to time making all necessary and proper repairs, renewals, replacements,
additions, betterments and improvements as may be required.
(h) Records; Accounts. The Borrower shall keep accurate records and accounts for the revenues and
funds that are the source of repayment of the Loan (the "Repayment Revenue Records"), separate and
distinct from its other records and accounts (the "General Records"). Such Repayment Revenue Records
shall be maintained in accordance with generally accepted accounting principles as established by the
Government Accounting Standards Board as in effect from time to time and shall be audited annually by an
independent accountant, which audit may be part of the annual audit of the General Records of the
Borrower. Such Repayment Revenue Records and General Records shall be made available for inspection
by the State at any reasonable time, and a copy of such annual audit(s) therefore, including all written
comments and recommendations of such accountant, shall be furnished to the State within two hundred ten
(210) days of the close of the fiscal year being so audited. The Borrower's financial management system
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must conform with the generally accepted accounting principles for state and municipal corporations
established by the National Committee on Governmental Accounting as in effect from time to time.
(i) Inspections; Information. The Borrower shall permit the State and any party designated by the State
to examine, visit and inspect, at any and all reasonable time, the property, if any, constituting the Project,
and to inspect and make copies of any accounts, books and records, including, without limitation, its records
regarding receipts, disbursements, contracts, investments and any other matters relating thereto and to its
financial standing, and shall supply such reports and information as the State may reasonably require in
connection therewith. In addition, the Borrower shall provide the State with copies of loan documents or
other financing documents and any official statements or other forms of offering prospectus relating to any
other bonds, notes or other indebtedness of the Borrower that are issued after the Loan Closing Date.
(j) Insurance. The Borrower shall maintain or cause to be maintained, insurance policies with
responsible insurers or self insurance programs insuring against risk of direct physical loss, damage or
destruction of the Project, at least to the extent that similar insurance is usually carried by governmental
units constructing, operating and maintaining similar facilities, including liability coverage, all to the extent
available at reasonable cost. Nothing herein shall be deemed to preclude the Borrower from exerting against
any party, other than the State, a defense which may be available to the Borrower, including without
limitation a defense of immunity. In the event the Project or any portion thereof is destroyed, any insurance
proceeds shall be paid to the State and shall be applied to prepay the principal of and interest on the Loan in
accordance with Section 2.04 hereof.
(k) Condemnation. In the event the Project or any portion thereof is condemned, any condemnation
proceeds shall be used to prepay the outstanding balance on the Loan in accordance with Section 2.04
hereof.
(I) Notice of Material Adverse Change. The Borrower shall promptly notifY the State of any material
adverse change in the activities, prospects or condition (financial or otherwise) of the Borrower or the
Project or in the ability of the Borrower to make all payments required by the Loan Documents and
otherwise observe and perform its duties, covenants, obligations and agreements under this Loan Agreement
and the other Loan Documents.
(m) Financial Statements; Reports. The Borrower shall deliver to the State in form and details
satisfactory to the State: such other statement or statements or reports as to the Borrower as the State may
reasonably request.
(n) Contract Covenants. The Borrower covenants and agrees to comply with the terms of the Contract
including the covenants of the Borrower in Section 5 of the Contract.
(0) Further Assurances. The Borrower shall, at the request of the State, authorize, execute, acknowledge
and deliver such further resolutions, conveyances, transfers, assurances, financing statements and other
instruments as may be necessary or desirable for better assuring, conveying, granting, assigning and
confirming the rights, security interests and agreements granted or intended to be granted by this Loan
Agreement.
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ARTICLE IV
CONDITIONS PRECEDENT
SECTION 4.01. Loan Closing. The State's obligations hereunder are subject to satisfaction of the
following conditions precedent on or prior to the Loan Closing Deadline or such later date as the State may
authorize in writing in the State's sole and absolute discretion:
(a) the Borrower has caused to be executed and delivered to the State the following items, each in a
form and substance satisfactory to State and its Counsel:
(i) this Loan Agreement duly executed and delivered by an Authorizcd Officer of the Borrower;
(ii) the Note duly executed and delivered by an Authorized Officer of the Borrower;
(iii) the Contract duly executed and delivered by an Authorized Officer of the Borrower;
(iv) copy of the ordinance, order or resolution of the governing body of the Borrower authorizing the
execution and delivery of this Loan Agreement, the other Loan Documents, and the Borrower's
Contract, certified by an Authorized Officer of the Borrower;
(v) an opinion of the Borrower's Counsel, acceptable to the State, substantially in the form set forth
in Exhibit G; and
(vi) such other certificates, documents, opinions and information as the State may reasonably
reqUIre.
(b) there is money available in the Special Public Works Fund for the Project;
provided, however, the State shall be under no obligation to make this Loan or disburse funds under this
Loan Agrecment if there has been a change in the Act so that the Project is no longer eligible for financial
assistance authorized by this Loan Agreement.
SECTION 4.02. Conditions to Disbursements. Notwithstanding anything in this Loan Agreement or any
of the Loan Documents to the contrary, the State shall have no obligation to make the Loan or disburse
funds under this Loan Agreement to the Borrower hereunder unless:
(a) no Event of Default, or no event, omission or failure ofa condition which would constitute an Event
of Default as defined in this Loan Agreement or any of the Loan Documents after notice or lapse oftime or
both, has occurred and is continuing under this Loan Agreement or any of the Loan Documents;
(b) the representations or warranties of the Borrower made in this Loan Agreement are true and correct
on the date of disbursement with the same effect as if made on such date;
(c) State has received (i) a completed Disbursement Request and (ii) any other written evidence of
materials and labor furnished to or performed upon the Project, itemized receipts or invoices for the payment
of the same, and releases, satisfactions and other signed statements and forms as the State may require as a
condition for making disbursements of funds under this Loan Agreement. The State may, at its option, from
time to time, either reimburse the Borrower for construction costs paid or may make direct payment for
construction costs to suppliers, subcontractors and others for sums due them in connection with construction
of the Project. Nothing herein contained shall require the State to pay any amounts for labor or materials
unless satisfied that such claims are reasonable and that such labor and materials were actually expended
and used in the construction of the Project. The State, at its option, from time to time, may also require that
the Borrower have a contractor or subcontractor execute and/or deliver a surety bond or indemnification in
form and substance acceptable to the State for the faithful performance of the construction contract or
subcontract and payment of all liens and lienable expenses in connection therewith in a sum equal to the
contract or subcontract price. Disbursements for the Costs of the Project shall be subject to a retainage at
the rate of five percent (5%) (unless such retainage is waived in writing by the State) which will be released
upon satisfactory completion of the Project; and
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(d) Department and the Special Public Works Fund have received sufficient funding, appropriations and
other expenditure authorizations to allow Department, in the exercise of its reasonable administrative
discretion, to make the disbursement and there are sufficient moneys in the accounts or funds to be used to
cover the disbursement, as determined by Department in the reasonable exercise of its administrative
discretion, to permit Department to make the disbursement.
Further, the State shall have no obligation to make any disbursement of funds to the Borrower if, on or
before the time for disbursement, there has been a change in the Act so that the Project is no longer eligible
for financial assistance authorized by this Loan Agreement.
ARTICLE V
ASSIGNMENT
SECTION 5.01. [Reserved]
SECTION 5.02. Assignment by Borrower. This Loan Agreement and the other Loan Documents may not
be assigned by the Borrower without the prior written consent ofthe State. The State may grant or withhold
such consent in its sole discretion. In the event of an assignment of this Loan Agreement and the other Loan
Documents by Borrower and assumption of the obligations hereunder, Borrower shall pay, or cause to be
paid, to the State any fees or costs incurred by the State as the result of such assignment, including but not
limited to, attorney fees of State's Counsel.
ARTICLE VI
DEFAULTS AND REMEDIES
SECTION 6.01. Event of Default. Time is of the essence. If any of the following events occurs, it is
hereby defined as and declared to be and to constitute an "Event of Default:"
(a) Failure by the Borrower to pay, or cause to be paid, any amount required to be paid hereunder on the
due date thereof; or
(b) Failure by the Borrower to make, or cause to be made, any required payments of principal and
interest on any bonds, notes or other material obligations of the Borrower for borrowed money (other than
the Loan), after giving effect to the applicable grace period; or
(c) Any representation made by or on behalf of the Borrower contained in this Loan Agreement or any
other Loan Document, or in any agreement, instrument, certificate or document furnished in compliance
with or with reference to this Loan Agreement, any other Loan Document or the Loan or in connection with
the Lottery Bonds, including but not limited to any representation with respect to current or historical
information made to the State herein or in any other pertinent documents, certificates and reports relied upon
by the State in gauging the progress of the Project, compliance with the requirements of the Act or
performance of duties by the Borrower, is false or misleading in any material respect; or
(d) A petition is filed by or against the Borrower under any federal or state bankruptcy or insolvency law
or other similar law in effect on the date of this Loan Agreement or thereafter enacted, unless in the case of
any such petition filed against the Borrower, such petition shall be dismissed within twenty (20) calendar
days after such filing, and such dismissal shall be final and not subject to appeal; or the Borrower shall
become insolvent or bankrupt or make an assignment for the benefit of its creditors; or a custodian
(including, without limitation, a receiver, liquidator or trustee of the Borrower or any of its property) shall
be appointed by court order or take possession of the Borrower or its property or assets if such order remains
in effect or such possession continues for more than thirty (30) calendar days;
(e) Failure of the Borrower's governing body to appropriate sufficient funds to fully fund all of the
Borrower's obligations to make payments required by the Loan Documents for any future fiscal period; or
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(f) The occurrence of any event of default under Section 6 of the Contract or under any of the Loan
Documents; or
(g) Failure by the Borrower to observe and perform any duty, covenant, obligation or agreement on its
part to be observed or performed under this Loan Agreement or any other Loan Documents, other than as
referred to in subsections (a) through (f) of this Section, which failure shall continue for a period of thirty
(30) calendar days after written notice, specifYing such failure and requesting that it be remedied, is given to
the Borrower by the State, unless the State shall agree in writing to an extension of such time prior to its
expiration; provided, however, that if the failure stated in such notice is correctable but cannot be corrected
within the applicable period, the State may not unreasonably withhold its consent to an extension of such
time up to one hundred twenty (120) days from the delivery of the written notice referred to above if
corrective action is instituted by the Borrower within the applicable period and diligently pursued until the
Event of Default is corrected; or
(h) The Borrower fails to proceed expeditiously with, or to complete, the Project or any segment or
phase of the Project in accordance with the plans and schedules approved by the State.
SECTION 6.02. Notice of Default. The Borrower shall give the State prompt telephonic notice of the
occurrence of any Event of Default referred to in Section 6.01 (d) hereof, and of the occurrence of any other
event or condition that constitutes an Event of Default at such time as any senior administrative or financial
officer of the Borrower becomes aware of the existence thereof. Any telephone notice pursuant to this
Section 6.02 shall be confirmed in writing as soon as practicable by the Borrower.
SECTION 6.03. Remedies on Default. Whenever an Event of Default referred to in Section 6.01 hereof
shall have occurred and be continuing, the State shall have the right to take any action permitted or required
pursuant to the Loan Agreement or any other Loan Document and to take whatever other action at law or in
equity may appear necessary or desirable to collect the amounts then due and thereafter to become due
hereunder or to enforce the performance and observance of any duty, covenant, obligation or agreement of
the Borrower hereunder, including without limitation, (a) declaring all payments under the Note and all
other amounts due hereunder and under the other Loan Documents to be immediately due and payable, and
upon notice to the Borrower the same shall become due and payable without further notice or demand, (b)
appointment of a receiver of the Project, (c) refusal to disburse any funds under this Loan Agreement or the
Contract, (d) barring the Borrower from applying for future Special Public Works Fund assistance, or (e)
withholding amounts otherwise due to the Borrower to apply to the payment of amounts due under this Loan
Agreement as provided in ORS 285B.449.
SECTION 6.04. Attorney's Fees and Other Expenses. To the extent permitted by law, the prevailing
party in any dispute arising from this Contract shall be entitled to recover from the other its reasonable
attorney's fees, costs and expenses at trial and on appeal.
SECTION 6.05. Application of Moneys. Any moneys collected by the State pursuant to Section 6.03
hereof shall be applied (a) first, to pay any attorney's fees or other fees and expenses owed by the Borrower
hereunder, (b) second, to pay interest due and payable on the Loan, (c) third, to pay principal due and
payable on the Loan, and (d) fourth, to pay any other amounts due and payable under this Loan Agreement
or any of the Loan Documents.
SECTION 6.06. No Remedy Exclusive; Waiver; Notice. No remedy herein conferred upon or reserved to
the State is intended to be exclusive, and every such remedy shall be cumulative and shall be in addition to
every other remedy given under this Loan Agreement or any of the Loan Documents or now or hereafter
existing at law or in equity. No delay or omission to exercise any right, remedy or power accruing upon any
Event of Default shall impair any such right, remedy or power or shall be construed to be a waiver thereof,
but any such right, remedy or power may be exercised from time to time and as often as may be deemed
Contract and General SefVices/B06003 Ashland Contract.doc
Interim Financing Loan Agreement, Exhibit 1
Page 16 of 17
expedient. To entitle the State to exercise any remedy reserved to it in this Article VI, it shall not be
necessary to give any notice, other than such notice as may be required in this Article VI.
SECTION 6.07. Default by the State. In the event of any default by the State under any covenant,
agreement or obligation of this Loan Agreement, the Borrower's remedy for such default shall be limited to
injunction, special action, action for specific performance or any other available equitable remedy designed
to enforce the performance or observance of any duty, covenant, obligation or agreement of the State
hereunder as may be necessary or appropriate.
ARTICLE VII
MISCELLANEOUS
SECTION 7.01. Notices. All notices hereunder shall be sufficiently given and shall be deemed given
when hand delivered or mailed by registered or certified mail, postage prepaid, to the Borrower at the
address specified on Exhibit D hereof and to the State at the following address:
Economic and Community Development Department
Attention: Operations Manager, Community Development Division
775 Summer Street NE, Suite 200
Salem, OR 97301-1280
Any notices addressed and mailed shall be effective five (5) days after mailing. Any notice given by
personal delivery shall be effective when actually delivered. Any party may designate any further or
different addresses to which subsequent notices, certificates or other communications shall be sent, by notice
in writing given to the others.
SECTION 7.02. Binding Effect. This Loan Agreement shall inure to the benefit of and shall be binding
upon the State and the Borrower and their respective successors and assigns.
SECTION 7.03. Severability. In the event any provision of this Loan Agreement shall be held illegal,
invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate, render
unenforceable or otherwise affect any other provision hereof.
SECTION 7.04. Amendments, Supplements and Modifications. This Loan Agreement may not be
amended, supplemented or modified without the prior written consent of the State and the Borrower. This
Loan Agreement may not be amended, supplemented or modified in a manner that is not in compliance with
the Act.
SECTION 7.05. Execution in Counterparts. This Loan Agreement may be executed in several
counterparts, each of which shall be an original and all of which shall constitute but one and the same
instrument.
SECTION 7.06. No Construction against Drafter. Both parties acknowledge that they are each
represented by and have sought the advice of Counsel in connection with this Loan Agreement and the
transactions contemplated hereby and have read and understand the terms of this Loan Agreement. The
terms of this Loan Agreement shall not be construed against either party as the drafter hereof.
SECTION 7.07. Applicable Law. This Loan Agreement shall be governed by and construed in
accordance with the laws of the State of Oregon, including the Act, without regard to principles of conflicts
oflaw. Any claim, action, suit or proceeding (collectively, "Claim") between the State (and/or any agency
or department of the State of Oregon) and the Borrower that arises from or relates to this Loan Agreement
shall be brought and conducted solely and exclusively within the Circuit Court of Marion County for the
State of Oregon (unless Oregon law requires that it be brought and conducted in another county); provided,
however, if a Claim must be brought in a federal forum, then it shall be brought and conducted solely and
Contract and General Services/B06003 Ashland Contract.doc
Interim Financing Loan Agreement, Exhibit]
Page] 7 of ] 7
exclusively within the United States District Court for the District of Oregon. In no event shall this Section
be construed as a waiver by the State of Oregon of any form of defense or immunity, whether it is sovereign
immunity, governmental immunity, immunity based on the Eleventh Amendment to the Constitution of the
United States or otherwise, from any claim or from the jurisdiction of any court.
SECTION 7.08. Consents and Approvals. Whenever the written consent or approval of the State shall be
required under the provisions of this Loan Agreement, such consent or approval may only be given by the
State unless otherwise provided by law or by rules, regulations or resolutions of the State.
SECTION 7.09. Merger; No Waiver. This Loan Agreement and the attached exhibits (which by this
reference are incorporated herein) constitute the entire agreement between the parties on the subject matter
hereof. There are no understandings, agreements, or representations, oral or written, not specified herein
regarding this Loan Agreement. No waiver of any provision of this Loan Agreement or consent shall be
binding unless in writing and signed by the party against who it is asserted and all necessary State approvals
have been obtained. Such waiver or consent, ifmade, shall be effective only in the specific instance and for
the specific purpose given. The failure of the State to enforce any provision of this Loan Agreement shall
not constitute a waiver by the State of that or any other provision.
IN WITNESS WHEREOF, the State and the Borrower have caused this Loan Agreement to be executed
and delivered, effective as of the latest date of the signatories below. The Borrower, by the signature below
of its Authorized Representative, hereby acknowledges that it has read this Agreement, understands it, and
agrees to be bound by its terms and conditions.
ST A TE OF OREGON
acting by and through its Economic and
Community Development Department
CITY OF ASHLAND
By: XXXXXXXXXXXXXXXXXXX
Laird Bryan, Operations Manager
Community Development Division
By: XXXXXXXXXXXXXXXXXXX
The Honorable John Morrison
Mayor of Ashland
Date: XXXXXXXXXXXXXXXXXXX
Date: XXXXXXXXXXXXXXXXXXX
ApPROVED AS TO LEGAL SUFFICIENCY IN ACCORDANCE WITH ORS 291.047:
XXXXXXXXXXXXXXXXXXX
Lynn T. Nagasako, Sr. Assistant Attorney General
Date:
XXXXXXXXXXXXXXXXXXX
Contract and General Services/B06003 Ashland Contract.doc
Interim Financing Loan Agreement Exhibit A
Page I of 1
Exhibit A
SPECIAL CONDITIONS OF A WARD
Interim Financilll?
I. General Fund as a Source of Repayment
The Loan shall be payable from the general fund of the Borrower and shall be a full faith and credit
obligation of the Borrower which is payable from any taxes which the Borrower may levy within the
limitations of Article XI of the Oregon Constitution.
II. Security - Refunding Proceeds
A. The principal of and interest on the Loan shall be payable from the Refunding Proceeds. The Borrower
hereby grants to the State a security interest in and irrevocably pledges the Refunding Proceeds to pay
all of the obligations owed by the Borrower to the State under the Loan Agreement.
B. The Refunding Proceeds pledged above pursuant to Section II. A. and hereafter received by the
Borrower shall immediately be subject to the lien of such pledge without physical delivery or further act,
and the lien of the pledge shall be superior to all other claims and liens whatsoever, to the fullest extent
permitted by ORS 288.594. The Borrower hereby represents and warrants that the pledge of the
Refunding Proceeds hereby made by the Borrower complies with, and shall be valid and binding from
the date of this Loan Agreement pursuant to, ORS 288.594.
Contract and General Servlces/B06003 Ashland Contract.doc
Interim Financing Loan Agreement Exhibit B
Page 1 of 1
Exhibit B
PROJECT
Borrower shall construct a 650-foot by 28-foot-wide street. The Project includes excavation and installation
of the following: utilities; sub-base, level 2 hot mixed asphalt and concrete; 60-80 foot wide culvert; 5 foot
sidewalks; curb, gutter, and storm drain; street lighting; and pedestrian amenities.
Contract and General ServlceslB06003 Ashland Contract.doc ~
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Interim Financing Loan Agreement Exhibit C
Page 2 0[2
Oregon Economic & Community Development Department
Project Budget
Project Number:
Project Name:
B06003
Ashland - Jefferson and Washington Street Improvement
Project Goals (report for every cash request)
Proposed Work Plan Estimated Results Achieved
Completion Date
1 Building Plan and Civil Plan Submittals Oct 30,2006
.'
2 Street Construction Jan 31,2007
3 Building Construction Mar 30, 2007
4 Project Completion Oct 30, 2007
5
6
7
8
9
10
B06003 Ashland Ex C Budget.xls Page 2 of 2
Interim Financing Loan Agreement Exhibit D
Page 1 of 1
Exhibit D
DESCRIPTION OF THE LOAN
1. Loan Closing Deadline:
January 15,2007
City of Ashland
20 East Main Street
Ashland, OR 97520
$900,000
2. Name and Address of Borrower:
3. Costs of the Project:
4. Estimated Project Completion Date:
October 31, 2007
5. Maximum Aggregate Principal Amount of Loan: $500,000
6. Interest Rate:
3.77% per annum
7. Maturity Date:
That date which is 2.5 years from the Loan Closing
Date
8. Authorized Officer(s) of Borrower:
Mayor
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Interim Financing Loan Agreement Exhibit E
Oregon Economic & Community Development Department Page 2 of 2
Disbursement Request
Project Number:
Project Name:
Request Number:
Project Goals (report for every cash request)
Proposed Work Plan Estimated Results Achieved
Completion Date
1
2
3
4
5
6
7
8
9
10
6 Ex E Disb Req Interim Loan Agr.xls Page 2 of 2
Interim Financing Loan Agreement Exhibit F
Page 1 of2
Exhibit F
State of Oregon
Economic and Community Development Department
Promissory Note
(Dated) XXXXXXXXXXXXXXXXX, XXXX
Ashland, OR
FOR VALUE RECEIVED, the City of Ashland, 20 East Main Street, Ashland, OR 97520 (hereinafter
"Borrower"), unconditionally promises to pay in lawful money of the United States of America to the order
of the STATE OF OREGON, ACTING BY AND THROUGH ITS ECONOMIC AND COMMUNITY
DEVELOPMENT DEPARTMENT, at its principal office at 775 Summer Street NE, Suite 200, Salem,
Oregon 97301-1280 (hereinafter "State"), the principal sum of five hundred thousand Dollars ($500,000) or
so much thereof as is disbursed pursuant to the Loan Agreement (as defined below), plus interest at the rate
of three and 77/1 00 percent (3.77%) p~r annum, from the date of disbursement until paid. Interest shall be
computed on the basis of a 360-day year, consisting of twelve (12) thirty (30) day months. All outstanding
principal and accrued unpaid interest on this Note are due and payable in full on the Maturity Date (as
defined in the Loan Agreement).
Capitalized terms not otherwise defined in this Note shall have the meanings assigned to them by that
certain loan agreement dated as of XXXXXXXXXXXXXXXXX, XXXX between the State and the
Borrower (as amended from time to time the "Loan Agreement").
This Note is subject to mandatory prepayment, and is payable prior to its Maturity Date, as provided for
in Section 2.04 ofthe Loan Agreement.
Each payment made by the Borrower hereunder shall be applied in accordance with Section 2.04(c) of
the Loan Agreement.
This Note is given to avoid the execution by Borrower of an individual note for each disbursement of
Loan proceeds by State to Borrower in accordance with Section 2.01 of the Loan Agreement. In
consideration thereof, Borrower authorizes State to record in State's files the date and amount of each such
disbursement, the date and amount of each payment and prepayment by Borrower hereunder and the amount
of interest accrued and paid. Borrower further agrees that absent manifest error, such notations shall be
conclusive evidence of borrowing, payments and interest under this Note; provided, however, that failure to
make any such notations shall not affect the obligations of Borrower hereunder or under any of the Loan
Documents.
If any Event of Default occurs, the outstanding balance of the Note, including principal, interest and
other charges, if any, shall, at the option ofthe State, become immediately due and payable in accordance
with Section 6.03 of the Loan Agreement. Failure or delay of the holder of this Note to exercise any option
available to the State under the terms ofthis Note or the Loan Agreement shall not constitute a waiver ofthe
right to exercise the option in the event of any continuing or subsequent default and shall not constitute a
waiver of any subsequent breach of the same or of any other provision of this Note or the Loan Agreement.
Contract and General Services/B06003 Ashland Contract.doc
Interim Financing Loan Agreement Exhibit F
Page 2 of2
All parties to this Note hereby waive presentment, dishonor, notice of dishonor, and protest. All parties
hereto hereby consent to, and the holder hereof is hereby expressly authorized to make, without notice, any
and all renewals, extensions, modifications or waivers of the time for or the terms of payment of any sum or
sums due hereunder, or under any documents or instruments relating to or securing this Note, or of the
performance of any covenants, conditions or agreements hereof or thereof, or the taking or release of
collateral securing this Note. The liability of all parties on this Note shall not be discharged by any action
consented to above taken by any holder of this Note.
If this Note is placed in the hands of an attorney for collection, the Borrower shall, to the fullest extent
permitted by law and on demand, pay to the State the reasonable fees and expenses of attorneys, whether at
trial or on appeal, and other reasonable expenses (including without limitation the reasonable costs of the
State's Counsel and legal staff) incurred by the State in the collection of principal and interest due under this
Note or any other sum due hereunder or under any of the Loan Documents in the enforcement of
performance or observation of any other duties, covenants, obligations or agreements of the Borrower.
This Note is made with reference to, and is to be construed in accordance with, the laws of the State of
Oregon.
CITY OF ASHLAND
By:
xxxxxxxxxxxxx
Title:
xxxxxxxxxxxxx
Notice to Borrower: Do not sign this Note before you read it.
Contract and General Servlces/B06003 Ashland Contract doc
Interim Financing Loan Agreement Exhibit G
Page I of2
SAMPLE OPINION OF MUNICIPALITY COUNSEL
(LETTERHEAD OF COUNSEL TO MUNICIPALITY]
[DA TED
Oregon Economic and Community Development Department
755 Summer Street NE, Suite 200
Salem, Oregon 97301-1280
Ladies and Gentlemen:
[Insert "I" or "We"] have acted as counscl to City of Ashland, of the State of Oregon (the
"Municipality"), which has entered into a Loan Agreement (as here' a with the Oregon
Economic and Community Development Departmcnt (the "Departmen ") ctions 285BAIO
through 285B.482 of the Oregon Revised Statutes (the "Act"), and have nection with the
authorization, execution and delivery by the Municipality 0 einafter defined).
Capitalized terms not otherwise defined in this lettcr shall them by the Loan
Agreement.
A. The L
Municipality
$500,000 exe
B. The Fi
Department
C. Procee s of the governing body of the Municipality relating to the approval ofthe Contract and
the Loan Agreement and the execution, issuance and delivery thereof on behalf of the Municipality, and the
authorization of the undertaking and completion of the Project (as defined in the Loan Agreement);
of the State of Oregon and the
in originals, or copies certified or
llowing:
by and between the Department and the
, 2006, in the principal amount of
. 1ectively, the "Loan Agreement").
ward Contract number B06003 (the "Contract") by and between the
In so acting [insert "I" or "we"] have e
Municipality's Charter, if any. [Insert
otherwise identifi . nsert~.~
D. All outstanding instruments relating to bonds, notes or other indebtedness of or relating to the
Municipality .
[insert "I" or "We"] have also examined and relied upon originals, or copies certified or otherwise
authenticated to [insert "my" or "our"] satisfaction, of such other records, documents, certificates and other
instruments, and made such investigation of law as in [insert "my" or "our"] judgment [insert "I" or "we"]
have deemed necessary or appropriate to enable [insert "me" or "us"] to render the opinions expressed
below.
Based upon the foregoing, [insert "I am" or "Weare"] of the opinion that:
1. The Municipality is a duly formed and operating [insert specific nature of Municipality ] described in
ORS 285B.4l 0(7), with the legal right to own and operate the Project.
2. The Municipality has full legal right and authority to execute and deliver the Contract and the Loan
Agreement and to observe and perform its duties, covenants, obligations and agreements thereunder and to
undertake and complete the Project;
Contract and General Services/B06003 Ashland Contract.doc
Interim Financing Loan Agreement Exhibit G
Page 2 of2
3. Amounts due to the Department pursuant to the Contract and the Promissory Note are payable from
the sources described in Section 2.07 of the Loan Agreement.
4. The Ordinance (the "Ordinance") of the Municipality approving the Contract and the Loan
Agreement and authorizing their execution, issuance and delivery on behalf of the Municipality, and
authorizing the Municipality to undertake and complete the Project has been duly and lawfully adopted and
authorized in accordance with the Municipality's Charter, if any, the Act and other applicable Oregon law,
and the Ordinance was adopted at a meeting or meetings which were duly called with public notice and held
in accordance with the Municipality's Charter, if any, and applicable Oregon law, and at which quorums
were present and acting throughout.
5. The Contract and the Loan Agreement have been duly authorized, executed and delivered by the
authorized officers of the Municipality and constitute the legal, valid' bindin obligation of the
Municipality enforceable in accordance with their respective terms; su t, ho ev~t;to bankruptcy,
insolvency, fraudulent conveyance, reorganization, moratorium and other lar a~. .t'.f~. ting creditors'
rights or remedies generally ("Creditor's Right Limitations") heretofo r~t acted and the
application of equitable principles.
7. To the b sert "my" or "our"] knowledge, after such investigation as [insert "I" or "we"] have
deemed appropriate, all approvals, consents or authorizations of, or registrations of or filings with, any
governmental or public agency, authority or person required to date on the part of the Municipality in
connection with the authorization, execution, delivery and performance of the Contract and the Loan
Agreement and the undertaking and completion of the Project have been obtained or made.
8. To the best of [insert "my" or "our"] knowledge, after such investigation as [insert "I" or "we"] have
deemed appropriate, there is no litigation or other proceeding pending or threatened in any court or other
tribunal of competent jurisdiction (either State or Federal) questioning the creation, organization or
existence of the Municipality or of the validity, legality or enforceability of the Contract or the Loan
Agreement or the undertaking or completion of the Project.
This opinion is rendered on the basis of the laws of the State of Oregon, including the Act, as enacted
and construed on the date hereof. [insert "I" or "We"] express no opinion as to any matter not set forth in
the numbered paragraphs herein.
'}" or "we"] have
n e Loan Agreement by
uties, covenants, obligations
ons contemplated therein and the
e any existing law or any existing order,
overnmental or administrative agency,
cipality property or assets or result in a breach or
, or constitute a default under, any existing bond ordinance,
ortgage, deed oftrust or other agreement to which the Municipality
ct, or its property or assets is bound.
6. To the best of [insert "my" or "our"] knowledg,
deemed appropriate, the authorization, executio
the Municipality, the observation and per~
and agreements the rand n
undertaking and c etid. of
injunction, judg
authority or per
violation of any
resolution, trust ag
is a party or by
Very truly yours,
Contract and General Services/806003 Ashland Contract.doc
Exhibit 2
Page 1 of 1
ENVIRONMENTAL AND NATURAL RESOURCE AGENCIES
The federal, state, and local agencies listed have enacted ordinances or regulations relating to environmental
pollution or the preservation of natural resources that may affect the performance of construction contracts.
FEDERAL AGENCIES
Agriculture, Department of
Forest Service
Soil Conservation Service
Army, Department of the
Corps of Engineers
Coast Guard
Energy, Department of
Environmental Protection Agency
Health & Human Services, Depmiment of
Heritage Conservation and Recreation Service
Interior, Department of
Bureau of Indian Affairs
Bureau of Land Management
Fish and Wildlife Service
Office of Surface Mining, Reclamation and Enforcement
Bureau of Reclamation
Labor, Department of
Occupational Safety & Health Administration
Mine Safety & Health Administration
Transportation, Department of
Federal Highway Administration
ST ATE AGENCIES
Agriculture, Department of
Energy, Office of
Environmental Quality, Department of
Fish and Wildlife, Department of
Forestry, Department of
Geology and Mineral Industries, Department of
Human Resources, Department of
Land Conservation and Development Commission
State Lands, Division of
State Soil & Water Conservation Commission
Transportation, Department of
Water Resources Department
LOCAL AGENCIES
City Councils
County Courts
County Commissioners, Boards of
Planning Commissions
Special Districts: Ports, Water, Sewer, Roads
Contract and General Services/B06003 Ashland Contract.doc
Promissory Note
Page 1 of 2
State of Oregon
Economic and Community Development Department
Promissory Note
(Dated)
Ashland, OR
FOR VALUE RECEIVED, the City of Ashland, 20 East Main Street, Ashland, OR 97520 (hereinafter
"Borrower"), unconditionally promises to pay in lawful money of the United States of America to the order
of the STATE OF OREGON, ACTING BY AND THROUGH ITS ECONOMIC AND COMMUNITY
DEVELOPMENT DEPARTMENT, at its principal office at 775 Summer Street NE, Suite 200, Salem,
Oregon 9730 I -1280 (hereinafter "State"), the principal sum of five hundred thousand Dollars ($500,000) or
so much thereof as is disbursed pursuant to the Loan Agreement (as defined below), plus interest at the rate
ofthree and 77/1 00 percent (3.77%) per annum, from the date of disbursement until paid. Interest shall be
computed on the basis of a 360-day year, consisting of twelve (12) thirty (30) day months. All outstanding
principal and accrued unpaid interest on this Note are due and payable in full on the Maturity Date (as
defined in the Loan Agreement).
Capitalized terms not otherwise defined in this Note shall have the meanings assigned to them by that
certain loan agreement dated as of __ between the State and the
Borrower (as amended from time to time the "Loan Agreement").
This Note is subject to mandatory prepayment, and is payable prior to its Maturity Date, as provided for
in Section 2.04 of the Loan Agreement.
Each payment made by the Borrower hereunder shall be applied in accordance with Section 2.04(c) of
the Loan Agreement.
This Note is given to avoid the execution by Borrower of an individual note for each disbursement of
Loan proceeds by State to Borrower in accordance with Section 2.01 of the Loan Agreement. In
consideration thereof, Borrower authorizes State to record in State's files the date and amount of each such
disbursement, the date and amount of each payment and prepayment by Borrower hereunder and the amount
of interest accrued and paid. Borrower further agrees that absent manifest error, such notations shall be
conclusive evidence of borrowing, payments and interest under this Note; provided, however, that failure to
make any such notations shall not affect the obligations of Borrower hereunder or under any of the Loan
Documents.
If any Event of Default occurs, the outstanding balance of the Note, including principal, interest and
other charges, if any, shall, at the option of the State, become immediately due and payable in accordance
with Section 6.03 of the Loan Agreement. Failure or delay of the holder of this Note to exercise any option
available to the State under the terms of this Note or the Loan Agreement shall not constitute a waiver of the
right to exercise the option in the event of any continuing or subsequent default and shall not constitute a
waiver of any subsequent breach of the same or of any other provision of this Note or the Loan Agreement.
Contract and General Services/B06003 Ashland Promissory Note.doc
Promissory Note
Page 2 of 2
All parties to this Note hereby waive presentment, dishonor, notice of dishonor, and protest. All parties
hereto hereby consent to, and the holder hereof is hereby expressly authorized to make, without notice, any
and all renewals, extensions, modifications or waivers of the time for or the terms of payment of any sum or
sums due hereunder, or under any documents or instruments relating to or securing this Note, or of the
performance of any covenants, conditions or agreements hereof or thereof, or the taking or release of
collateral securing this Note. The liability of all parties on this Note shall not be discharged by any action
consented to above taken by any holder of this Note.
If this Note is placed in the hands of an attorney for collection, the Borrower shall, to the fullest extent
permitted by law and on demand, pay to the State the reasonable fees and expenses of attorneys, whether at
trial or on appeal, and other reasonable expenses (including without limitation the reasonable costs of the
State's Counsel and legal staff) incurred by the State in the collection of principal and interest due under this
Note or any other sum due hereunder or under any of the Loan Documents in the enforcement of
performance or observation of any other duties, covenants, obligations or agreements of the Borrower.
This Note is made with reference to, and is to be construed in accordance with, the laws of the State of
Oregon.
CITY OF ASHLAND
By:
Title:
Notice to Borrower: Do not sign this Note before you read it.
Contract and General ServiceslB06003 Ashland Promissory Note.doc
August 16, 2006
The Honorable John Morrison
City of Ashland
20 E. Main Street
Ashland, OR 97520
RE: Amended Award for SpeClal Public Works fund Project No. B06003, Ashland-
Jefferson and Washington Street Improvements (Brammo j'vlotorsport)
Dear Mayor Morrison:
Referring to our previous letter regarchng the award for the above mentioned project, we
would like to inform you on the amendment.. We added an Interim Loan to the award to
increase the ability to access the award before the Bond sales period. Enclosed please fInd a
summary showing the award amount and the terms and conditions of the award.
We will send a contract for the award to you shortly for your SIgnature.
If you need assistance, please contact your regional coordinator, Furni Schaadt , at (503)986
0027.
Sincerely,
~~
Laird Bryan, Infrastructure Manager
Community Development Division
/'
Cc:Lee Tuneberg, Administrative Service & Finance Directo/
Larry Holzgang, Business Development Officer - OECDD
Fiscal
File
GOVERNOR THEODORE R. KULONGOSKJ
775 Summer SI. NE, Suite 200. Salem, Oregon 97301-1280
Phone 503-986-0123.TTY 1-800-735-2900. Fax 503-581-5115. http://www.econ.state.or.us/
Oregon Economic & Community Development Department
Summary of Award
Project Number
Project Name
B06003
Ashland - Jefferson &
Washington Street Improvements
Recipient
City of Ashland
Award from Oregon Economic & Community Development Department:
Application
Award
Department Funds
Special Public Works Fund (SPWF) - Interim Loan
SPWF - Bond Loan $ 400,000
SPWF - Collateral Loan .$ 100,000
SPWF - Grant
Non-Department Funds
Total Proj~ct Cost
100%
$500,000
$400,000
$ 900,000
General Description of (Financing Program) (type) Loan:
est Rate: 3.77 %
imum Term of Loan: Max 2.5 years
The full terms and conditions for the loan will be contained in the contract.
Approved Project Description:
Construction of 650 feet of 28 foot wide street includes: excavation, utilities, sub-base,
level 2 HMAC (Hot Mixed Asphalt and Concrete), a 60-80 foot wide box culvert, 5 foot
sidewalks, curb and gutter and storm drain installation, street lighting and pedestrian
amenities
In addition to the standard terms and conditions placed on funding from the above
program(s), the following terms and conditions have been placed on the award:
Conditions of Award:
Based upon the following analysis, the award recommended above should be subject
to the following conditions:
I. General Fund as a Source of Repayment
The Loan shall be payable from the general fund of the Borrower and shall be a full
faith and credit obligation of the Borrower which is payable from any taxes which the
Borrower may levy within the limitations of Article XI of the Oregon Constitution.
Interim FinancinQ
I. General Fund as a Source of Repayment
The Loan shall be payable from the general fund of the Borrower and shall be a full
faith and credit obligation of the Borrower which is payable from any taxes which the
Borrower may levy within the limitations of Article XI of the Oregon Constitution.
II. Security - Refunding Proceeds
A. The principal of and interest on the Loan shall be payable from the Refunding
Proceeds. The Borrower hereby grants to the State a security interest in and
irrevocably pledges the Refunding Proceeds to pay all of the obligations owed by the
Borrower to the State under the Loan Agreement.
The Refunding Proceeds pledged above pursuant to Section II. A. and hereafter
received by the Borrower shall immediately be subject to the lien of such pledge
without physical delivery or further act, and the lien of the pledge shall be superior to
all other claims and liens whatsoever, to the fullest extent permitted by ORS 288.594.
The Borrower hereby represents and warrants that the pledge of the Refunding
Proceeds hereby made by the Borrower complies with, and shall be valid and binding
from the date of this Loan Agreement pursuant to, ORS 288.594
Council Communication
Federal Appropriations
CITY OF
ASHLAND
Meeting Date: February 6, 2007
Department: Administration
Contributin~D ts:
Approval:
Estimated' : . utes
Statement:
Staff received the federal appropriation request forms last week. The deadline to submit 2008 requests
is February 14. Staff is asking council if the requests submitted last year should be submitted again
with support from the Ashland United Front or if no requests should be submitted this year.
Primary Staff Contact:
ann@ashland.or.us
Secondary Staff Contact:
Ann Seltzer
Staff Recommendation:
Resubmit the federal appropriation requests from last year.
Background:
The City of Ashland has submitted federal appropriation requests for three years with the support of
the Ashland United Front including the Chamber of Commerce, Rogue Valley Transit District,
Southern Oregon University, Community Works, the Ashland School District and the Ashland
Community Hospital.
The requests are identified by the Ashland United Front as issues most critical to the entire community
rather than importance to a single agency.
The Ashland United Front has received considerable praise from the Oregon delegation as an example
of a community working together for common interest. Through the efforts of the United Front, $14
million was secured for the forensic laboratory in Ashland and $250,000 for a park and ride facility.
Council Options:
· Direct staff to submit the same requests as last year with support from Ashland United Front.
· Do not submit federal appropriation requests this year.
Attachments:
· 2007 Federal Appropriation Requests
1
FY 2007 - OREGON FEDERAL APPROPRIATIONS REQUEST
U.S. Senator Gordon H. Smith
Please fill in ALL applicable fields!
Name of Proiect: Land purchase for construction of Workforce Housing, Ashland OR
Location: County(s): Jackson I City: Ashland
Requestin~ Or~anization: Ashland United Front
Project Description: The Ashland United Front, comprised of the Ashland School District, Ashland
Chamber of Commerce, Community Works, Ashland Community Hospital and the City
of Ashland, is requesting $2.2 million to purchase land for the development of two 28-
unit housing developments for qualified low- moderate-income Ashland residents.
There are fewer than eight acres of developable land available in the city's highest
residential zoning category, which has a base density of 20 units per acre. The unit to
land ratio used by the Oregon housing and community services when evaluating the
viability to develop low-income housing is approximately $20,000 per unit. In Ashland
the average unit to land cost ratio is upwards of $45,000. The average cost ofland per
acre within the city linuts for high-density multifamily development exceeds $700,000.
The high cost of land significantly undermines the ability of nonprofit housing
providers to create affordable housing.
Providers in our region have all consistently cited the availability and cost of property
in Ashland as the major impediment to developing needed affordable housing.
Because of the scope of the project, partnering agencies could include a host of local
nonprofits: Habitat for Humanity, Rogue Valley Community Development
Commission, Ashland Community Land Trust, ACCESS Inc., and the Housing
Authority of Jackson County. Further, again because of the scope of the project, it is
likely that it would be a candidate for the federal low-income tax credit program
administered through Oregon Housing and Community Services.
Fair market rent as defined by the Housing and Urban Development is no more than
30% of a person's monthly income. The average rent for a two bedroom apartment in
Ashland is $610. To afford that rent, an employee must earn $24,400 per year or about
$11.71 per hour. A fulltime minimum wage job pays $13,400 per year. On that income
a household could afford rent of about $340 per month.
Lack of workforce housing directly affect the economic health of our community.
Hospital employees, university staff, small business employees, city staff, school
teachers and others cannot afford to live in the town in which they work. The potential
of losing these employees to other communities is great. In addition, the lack of
affordable housing is a primary concern of businesses looking to locate in our area.
How will the funds be spent? Please provide a detailed description of how the funds will be used and indicate
whether funds will go toward construction, planning, or programming.
The funds will be used to purchase land for construction.
Bill Q[ Report Language Requested (if applicable, please provide language requested and indicate whether you
are seeking bill or report language):N/A
Anticipated Appropriations Bill and Account:
Federal Dollars Requested in FY07 from the account list above:
0 Is this a multi-year project? No
0 Will you be requesting funding in future years? No
Are you seeking FY07 funds through other federal accounts? If yes, please specify account(s).
No
Previous Federal Appropriations (Please indicate which appropriations bill(s) and year(s) received):
None
Have you pursued federal grant funding? If yes, which Department and program?
No
Non-federal Contribution (Please identify funding amount and who is contributing):
The City of Ashland has $1.3 million in dedicated funds for developing workforce housing and the City funds a
dedicated staff person for workforce housing at $60,000 per year.
Total Cost of Project: $7.5 million ($2.2 land acquisition and $5.3 million in construction for 56 units at
$94,000 each)
Amount for this oroiect in President's FY07 Budl!et Reauest: None
Authorizinl! Statute (if authorized):
Local Contact:
0 Name: Ann Seltzer, Management Analyst, City of Ashland
0 Address: 20 East Main Street, City Hall
0 City, State, Zip: Ashland, OR 97520
0 Telephone: 541-552-2106
0 Fax: 541-488-5311
0 Email: ann@ashland.or.us
DC Contact (if applicable ):None
0 Name:
0 Address:
0 City, State, Zip:
0 Telephone:
0 Fax:
0 Email:
Other Organizations/Community Leaders who have provided letters in support of this project
(please provide letters as PDF attachments or via United States Postal Service):
0 Organization: Ashland Chamber of Commerce
0 Contact: Sandra Slattery, Executive Director
0 Telephone: 541-482-3486
0 Organization: Ashland Community Hospital
0 Contact: Mark Marchetti, Director
0 Telephone: 541-482-2441
0 Organization: Southern Oregon University
0 Contact: Elisabeth Zinser, President
0 Telephone: 541-552-6111
0 Organization: Community Works
0 Contact: Arnie Green, Director
0 Telephone: 541-779-2393 x 227
0 Organization: City of Ashland
0 Contact: John W. Morrison, Mayor
0 Telephone: 541-488-6002
0 Organization: Ashland School District
0 Contact: Juli DiChiro, Superintendent
0 Telephone: 541-482-2811
0 Organization: Habitat for Humanity
0 Contact:
0 Telephone:
0 Organization: ACCESS Inc.
0 Contact:
0 Telephone:
0 Organization: Ashland Community Land Trust
0 Contact:
0 Telephone:
0 Organization: Housing Authority of Jackson County
0 Contact:
0 Telephone:
0 Organization: Rogue Valley Community Development Commission
0 Contact:
0 Telephone:
Please email completed form to: bPPROPRIATION~!l-GSJ'vUTI-LSJ::l'-ATJ~.Q(L\:'
Mail supporting materials (if any) to:
Senator Gordon Smith
Attn: Appropriations
121 SW Sahnon Street, Suite #1250
Portland, Oregon 97204
Ashland United Front
FY 2007 - OREGON FEDERAL APPROPRIA nONS REQUEST
u.S. Senator Gordon H. Smith
Please fill in ALL applicable fields!
Name of Proiect: Railroad Crossing Safety Improvements
Location: County(s): Jackson I City: Ashland
Requestinl!, Orl!,anization: Ashland United Front
Project Description: The Ashland United Front comprised of the Ashland School District, Ashland Chamber
of Commerce, Community Works, Ashland Community Hospital, Southern Oregon
University and the City of Ashland is requesting $2.4 million for safety improvements
to five railroad crossings in Ashland.
On January 25, 2006 a vehicle was struck by a train in Ashland. The driver was
severely injured and is still undergoing corrective surgeries. Railroad tracks bisect our
community and cross nine primary streets. The volume of traffic at those intersections
including automobiles, pedestrians and bicyclists has steadily increased over the years.
These roads lead to housing developments, retail stores and recreation areas. Two of
the crossings are located on either side of Ashland Middle School. One crossing is
adjacent to emergency services, one crossing bisects a four way intersection, one
crossing is adjacent to university student housing with numerous young children in the
area. Many of the crossings are impassable for wheelchairs, strollers and bicycles due
to eroded surfaces and narrow widths.
A verage daily traffic counts at each of the crossings have increased significantly and
are expected to double in the next 20 years. The maximum train speed is between
20mph and 30mph through town. The crossing adjacent to the Ashland Middle School
is 30mph.
Oregon receives approximately $2 million per year in federal funds for the railroad
crossing improvements. There are more than 900 rail crossings in Oregon and the
majority of these funds are allocated to more densely populated areas of the State.
Ashland has been unsuccessful in receiving FHW A or ODOT funding for this
project.
How will the funds be spent? Please provide a detailed description of how the funds will be used and indicate
whether funds will go toward construction, planning, or programming.
There are nine at-grade railroad crossings in the city of Ashland - all located along a railroad corridor owned and
operated by Central Oregon and Pacific Railroad (CORP). Each of these crossings requires some type of upgrade
and sever need major safety improvements. The project will focus on five of the crossings most hazardous to
citizens.
All funds will go towards construction. Improvements include surface replacement, widening to accommodate
pedestrians and bicyclists, six safety gates, improved signage and visibility.
Current estimated costs are $3.7 million in construction. The City of Ashland has $1.3 million dedicated to the
project leaving a shortfall of $2.4 million.
The railroad has no financial obligation to fund any of the improvements. All improvements are contracted by or
performed by the railroad with ALL costs born by the City. CORP is not required to seek competitive bids.
COPRs only financial obligation is the maintenance of the items. The City has no input into the cost of the
railroads work. Engineers have estimated an average cost of approximately $740,000 per crossing.
Bill or Report Language Requested (if applicable, please provide language requested and indicate whether you
are seeking bill or report language):N/A
Anticipated Appropriations Bill and Account: Transportation
Federal Dollars Requested in FY07 from the account list above:
o Is this a multi-year project? Yes
o Will you be requesting funding in future years? No
Ashland United Front
Are you seeking FY07 funds through other federal accounts? If yes, please specify account(s). No
Previous Federal Appropriations (P]ease indicate which appropriations bill(s) and year(s) received):
No previous federal appropriations for this proiect.
Have you pursued federal grant funding? If yes, which Department and program? The City has pursued
funding through FHW A and ODOT over the years and has been unsuccessful.
Non-federal Contribution (Please identify funding amount and who is contributing):
Construction: $825 thousand (City of Ash]and SDCs and Street Fees)
Engineering: $] 50 thousand (City of Ashland engineering)
Staff Costs:$50 thousand City of Ash]and dedicated staff)
Total non-federal contribution: $1.3 million
Total Cost of Project: $3.7
Amount for this project in President's FY07 Budl!.et Request: None
Authorizing Statute (if authorized):
Local Contact:
0 Name: Ann Seltzer, Management Analyst, City of Ashland
0 Address: 20 East Main Street City Hall
0 City, State, Zip: Ashland, OR 97520
0 Telephone: 54]-552-2]06
0 Fax: 54]-488-53] ]
0 Emai]: ann{a!ashland.or. us
DC Contact (if applicable): NONE
0 Name:
0 Address:
0 City, State, Zip:
0 Telephone:
0 Fax:
0 Email:
Other Organizations/Community Leaders who have provided letters in support of this project
(please provide letters as PDF attachments or via United States Postal Service):
0 Organization: Ashland Chamber of Commerce
0 Contact: Sandra Slattery, Director
0 Te]ephone: 54 ]-482-3486
0 Organization: Southern Oregon University
0 Contact: Elisabeth Zinser, President
0 Telephone: 54]-552-6]] 1
0 Organization: City of Ash]and
0 Contact: John W. Morrison, Mayor
0 Telephone: 54]-488-6002
0 Organization: Community Works
0 Contact Arnie Green, Director
0 Telephone 54]-779-2393 x 227
0 Organization Ashland School District
0 Contact Juli DiChiro, Superintendent
0 Telephone 541-482-2811
0 Organization Ashland Community Hospital
0 Contact Mark Marchetti, Director
0 Telephone 541-482-2441
Please email completed form to: APPROPRIATIONS({(GSMITH.SENATE.GOV
Mai] supporting materials (if any) to:
Senator Gordon Smith
Attn: Appropriations
]21 SW Salmon Street, Suite #1250
Portland, Oregon 97204
2
Ashland United Front
FY 2007 - OREGON FEDERAL APPROPRlA nONS REQUEST
U.S. Senator Gordon H. Smith
Please fill in ALL applicable fields!
Name of Project: AsWand Watershed Forest Resiliency Project
Location: County(s): Jackson T City: Ashland
Requestine. Ore.anization: Ashland United Front
Project Description: The USDA Forest Service has proposed a Forest Resiliency Project on federal land to
meet the urgent need for reduction of fire hazard in the Ashland Watershed and to
protect the Values at Risk: water quality, protection of life and property, late-
successional habitat, and wildlife transition corridor. Ashland United Front wants to
ensure that this project receives full funding.
The 16,000-acre Ashland Creek Watershed is the primary source of potable water for
the city's 20,000 citizens. The City's Wildland Urban Interface (WUI) extends 1 1/2
miles into the watershed. The 2003 Upper Bear Assessment describes existing data on
the watershed and outlines an integrated approach to watershed management.
The Ashland Forest Resiliency Project DEIS was prepared in 2005 pursuant to Sections
103 and 104 of the Healthy Forests Restoration Act. Both action alternatives require
on-site pre-implementation data collection, particularly vegetation data and site & stand
evaluation data to verify satellite images. The data is essential to design of site-specific
prescriptions and operational plans during project activity.
Based on the established working relationship with the City, the Forest Service
proposes multi-party monitoring [under HFRA section 102(g)(5)] so that adaptive
management can occur. Multi-party monitoring is subject to available funding and the
ability of the City to contribute funds and in-kind services. This project will ensure that
the City and the Forest Service each have adequate funding for these integrated
management activities to proceed in a timely manner in fiscal year 2007.
How will the funds be spent? Please provide a detailed description of how the funds will be used and indicate
whether funds will go toward construction, planning, or programming.
All funds are for field personnel.
Bill or Report Language Requested (if applicable, please provide language requested and indicate whether you
are seeking bill or report language ):N/ A
Anticipated Approoriations Bill and Account: DOl USDA Forest Service Fire Manae.ement
Federal Dollars Requested in FY07 from the account list above: $1.5 million
0 Is this a multi-year project? Yes
0 Will you be requesting funding in future years? possibly
Are you seeking FY07 funds through other federal accounts? If yes, please specify account(s). No
Previous Federal Appropriations (Please indicate which appropriations bill(s) and year(s) received):
No previous federal appropriations for this project.
Have you pursued federal grant funding? If yes, which Department and program? National Fire Plan (BLM)
and USDA Title III funds are not available for this purpose. City has used these in the past for private lands
interface work and education activities.
Non-federal Contribution (Please identify funding amount and who is contributing):
$40,000/yr = Ashland City Public Works staff
$80,OOO/yr = Ashland Water Fund to Forest Interface
200 hours local volunteer time/yr
Joint AsWand-U.S. Geological Survey stream monitoring project
Total local match = $120,000 per year, plus in-kind services
Total non-federal contribution: $120,OOO/vr
Ashland United Front
Total Cost of Project: $1.5 million
Amount for this project in President's FY07 Budl?et Request: None
Authorizing Statute (if authorized): Healthy Forests Restoration Act, Nationa] Fire Plan
Local Contact:
0 Name: Ann Seltzer, Management Ana]yst, City of Ashland
0 Address: 20 East Main Street, City Hall
0 City, State, Zip: Ashland, OR 97520
0 Te]ephone: 54]-552-2]06
0 Fax: 54]-488-53] ]
0 Email: ann(ii)ashland.or .us
DC Contact (if applicable): NONE
0 Name:
0 Address:
0 City, State, Zip:
0 Telephone:
0 Fax:
0 Email:
Other Organizations/Community Leaders who have provided letters in support of this project
(please provide letters as PDF attachments or via United States Postal Service):
0 Organization: Ashland Chamber of Commerce
0 Contact: Sandra Slattery, Director
0 Te]ephone: 54]-482-3486
0 Organization: Southern Oregon University
0 Contact: Elizabeth Zinser, President
0 Te]ephone: 54 ]-552-6] ] ]
0 Organization: City of Ashland
0 Contact: John Morrison, Mayor
0 Telephone: 541-488-6002
0 Organization: Community Works
0 Contact Arnie Green, Director
0 Telephone 541-779-2393 x 227
0 Organization Ashland School District
0 Contact Juli DiChiro, Superintendent
0 Telephone 541-482-2811
0 Organiza ti on Ashland Community Hospital
0 Contact Mark Marchetti, Director
0 Telephone 541-482-2441
Please email completed form to: APPROPRIA TIONS(i;'GSMITH .SENA TE.GOV
Mail supporting materials (if any) to:
Senator Gordon Smith
Attn: Appropriations
121 SW Salmon Street, Suite #1250
Portland, Oregon 97204
2
FY 2007 - OREGON FEDERAL APPROPRlA TIONS REQUEST
U.S. Senator Gordon H. Smith
Please fill in ALL applicable fields!
Name of Proiect: Evidenced Based Research for High Risk Youth
Location: County(s): Jackson I City: Ashland
Requestine. Ore.anization: Ashland United Front
Project Description: This partnership wisely uses community resources, in contexts where the results matter
immediately to individual young people. Southern Oregon University will conduct a
literature review of evidence-based models and use its analysis as the basis to develop a
"wrap-around" system of services with providers. The providers will include the
Ashland School District, the Ashland Police Department, the Ashland Chamber of
Commerce (providing business community mentors and vocational opportunities),
Southern Oregon University (providing a cadre of student mentors), On Track (non-
profit provider of alcohol and drug treatment services), and Community Works (non-
profit social services agency providing project coordination, mental health treatment,
and case management).
The services will be provided to two cohorts of children and families. One cohort will
be an Ashland High School alternative classroom; these students have had significant
difficulty making progress in the mainstream classrooms. The second cohort will be
students at a residential treatment facility located in Ashland; these students represent
some of the more troubled youth in Southern Oregon; they are referred by the Oregon
Youth Authority and the Oregon Department of Human Services. Southern Oregon
University will perform outcome evaluations for the project.
There is a nation wide effort to improve the efficacy of programs paid for with public
funds. These efforts seek to define proven practices and only provide funding for those
using these "evidence based" models. Since the cost of providing two independent
research studies is high only a few models have been designated as "evidence based".
Further, since these are often proprietary the cost of implementing these models is also
high. The goal of this project is to demonstrate the efficacy of a model that uses the
basic ingredients of a variety of models. This will reduce the costs and develop a base-
line of data that can be used by government agencies, non profits, and faith based
groups across the country.
How will the funds be spent? Please provide a detailed description of how the funds will be used and indicate
whether funds will go toward construction, planning, or programming.
Funding will be used for research and programming. Salaries and Benefits: $442,056.50 Materials, Services and
Administrative Expenses: $157,943.50. This proposal will fund all or part of 16 salaries. A complete budget
breakdown is attached. These funds will be paying for staff positions at Community Works, On Track, the City of
Ashland, Southern Oregon University, and the Chamber of Commerce.
Bill or Report Language Requested (if applicable, please provide language requested and indicate whether you
are seeking bill or report language): nla
Anticipated Appropriations Bill and Account: In 2006 this proposal was put into the Labor and
Education Appropriations Bill. After some discussion
with Congressional staff it might be better placed in the
Justice Appropriations Bill.
Federal Dollars Requested in FY07 from the account list above: $600,000
0 Is this a multi-year project? Yes
0 Will you be requesting funding in future years? No
Are you seeking FY07 funds through other federal accounts? If yes, please specify account(s). No
Previous Federal Appropriations (Please indicate which appropriations bill(s) and year(s) received): None
received but it was requested in the Labor and Education Appropriations Bill.
Have you pursued federal grant funding? If yes, which Department and program? No
Non-federal Contribution (Please identify funding amount and who is contributing): We have identified
$2,881,962 in matching funds. However, most of these funds are received through state agencies and are
commingled with federal funds. It would take some time to break out the state number but it could be done if
necessary.
Total Cost of Proiect: $2,881,962 + $600,000 = $3,481,962
Amount for this oroiect in President's FY07 Budeet Reauest: None
Authorizinl!. Statute (if authorized): n/a
Local Contact:
0 Name: Ann Seltzer, Management Analyst, City of Ashland
0 Address: 20 East Main Street, City Hall
0 City, State, Zip: Ashland, OR 97520
0 Telephone: 541-552-2106
0 Fax: 541-488-5311
0 Email: ann(u)ashland.of.us
DC Contact (if applicable):
0 Name:
0 Address:
0 City, State, Zip:
0 Telephone:
0 Fax:
0 Email:
Other Organizations/Community Leaders who have provided letters in support of this project
(please provide letters as PDF attachments or via United States Postal Service):
0 Organization: Ashland Chamber of Commerce
0 Contact: Sandra Slattery
0 Telephone: 541-482-3486
0 Organization: Ashland Community Hospital
0 Contact: Mark Marchetti, Director
0 Telephone: 541-482-2441
0 Organization: Southern Oregon University
0 Contact: Elisabeth Zinser, President
0 Telephone: 541-552-6111
0 Organization: Ashland School District
0 Contact: Juli Di Chiro, Superintendent
0 Telephone: 541-482-2811
0 Organization: Community Works
0 Contact: Arnie Green, Director
0 Telephone: 541-779-2393 x 227
0 Organization: Rogue Valley Transit District
0 Contact: Peter Jacobsen
0 Telephone: 541-779-5821
0 Organization: City of Ashland
0 Contact: John W. Morrison, Mayor
0 Telephone: 541-488-6002
Please email completed form to: APPROPRJATIONS(I"[:GSMlTH.SENATE.GOV
Mail supporting materials (if any) to:
Senator Gordon Smith
Attn: Appropriations
121 SW Salmon Street, Suite # 1250
Portland, Oregon 97204
Ashland United Front
OREGON HOUSE DELEGATION
APPROPRIATIONS REQUEST FORM
FISCAL YEAR 2007
Project Title (e.g. Interstate 5 Trade Corridor):
Land for construction of Workforce Housing, Ashland Oregon
Grant recipient name and address (if the project is to be carried out in location that is
different from the grantee address, please provide that city and state):
Ashland United Front
Contact name, phone number, and e-mail:
Ann Seltzer, Management Analyst
City of Ashland
541-552-2106
ann@ashland.or.us
Describe the organization's main activities, and whether it is a public, private non-profit,
or private for-profit entity:
The Ashland United Front is comprised of the Ashland School District, Ashland Community
Hospital, City of Ashland, Community Works and the Ashland Chamber of Commerce.
Briefly describe the activity or project for which funding is requested (please keep to 250
words or less, subcommittee online submission will not accept more):
Land purchase for construction of workforce housing in Ashland
The Ashland United Front intends to purchase land for the development of two 28-unit housing
developments for qualified low- moderate-income Ashland residents.
There are fewer than eight acres of developable land available in the city's highest residential
zoning category, which has a base density of 20 units per acre. The unit to land ratio used by the
Oregon housing and community services when evaluating the viability to develop low-income
housing is approximately $20,000 per unit. In Ashland the average unit to land cost ratio is
upwards of $45,000. The average cost of land per acre within the city limits for high-density
multi-family development exceeds $800,000. The high cost ofland significantly undermines the
ability of nonprofit housing providers to create affordable housing.
Providers in our region have all consistently cited the availability and cost of property in Ashland
as the major impediment to developing needed affordable housing.
Because of the scope of the project, partnering agencies could include a host oflocal nonprofits:
Habitat for Humanity, Rogue Valley Community Development Commission, Ashland
Community Land Trust, ACCESS Inc., and the Housing Authority of Jackson County. Further,
again because of the scope of the project, it is likely that it would be a candidate for the federal
Page 1 0[4
Ashland United Front
low-income housing tax credit (LIHTC) program administered through Oregon Housing and
Community Services.
Fair market rent as defined by the Housing and Urban development is no more than 30% of a
person's monthly income. The average rent for a two bedroom apartment in Ashland is $610.
To afford that rent, an employee must earn $24,400 per year or about $11.71 per hour. A
fulltime minimum wage job pays $13,400 per year. On that income a household could afford
rent of about $340 per month.
Lack of workforce housing directly affects the economic health of our community. Hospital
employees, university staff, small business employees, city staff, school teachers and others
cannot afford to live in the town in which they work. The potential of losing these employees to
other communities is great. In addition, the lack of affordable housing is a primary concern of
businesses looking to re-locate to our area.
Is this a new project?
Developing workforce housing in Ashland has been a primary objective of the community for a
number of years. A full time city employee is dedicated to furthering this objective.
Description of project's legal authorization (e.g. Transportation Bill, Energy Bill, etc.):
* Not all projects are legally authorized and authorization is not a prerequisite for funding
N/A
Federal agency and account from which funds are requested (Please be specific -e.g.
Department of Housing and Urban Development, Economic Development Initiatives
account):
Housing and Urban Development
What is the national significance of the project, and what specific federal responsibility
does the funding of this project or activity advance?
The President has addressed the importance of increasing home ownership nationwide. This
project is consistent with the goal ofHUD to provide housing benefits to low- and moderate-
income households.
Will funding also be sought by another Congressional Member? If so, who?
The same appropriation request has been submitted to Senator Ron Wyden and Senator Gordon
Smith.
Page 2 of4
Ashland United Front
Funding Details
1. Total project cost:
$7.2 million
II. FY 2007 federal request:
$2.2 million
III. Amounts of requests and funding in previous years (please specify if funding was
requested from a different account/agency than the current request):
The Ashland United Front requested $2 million for this project last year (2006 budget) but
did not receive funding. Land values in Ashland have increased 12% in the last year, thus
the increase to $2.2 million.
IV. Amounts expected to be requested in future years:
N/A
V. Breakdown/budget of the amount you are requesting for this project in FY 2007.
(e.g. salary $40,000; computer $3,000):
Resources:
Dedicated staff/salary
Dedicated city funds for developing workforce housing
$60,000
$1,300,000
Expenses:
Land acquisition:
Construction:
Total Budget:
$2,200,000
$5,300,000 (Approximately $94,000 per unit x 53 units)
$7,500,000
VI. Description of local, regional and/or state financial support (i.e. funding
commitments to match federal dollars (Please provide specific dollar amount or
percentage)) :
City of Ashland (local) funds:
Oregon State Housing Trust Funds:
land is purchased
Nonprofit housing developers/home sales
$1,900,000
TDB these funds cannot be applied for until after
Page 3 of 4
Ashland United Front
VII. Please list public or private organizations that have supported/endorsed this
project:
Ashland School District
Ashland Chamber of Commerce
Ashland Community Hospital
City of Ashland
Community Works
Ashland Community Land Trust
Rogue Valley Community Development
Corporation
Habitat for Humanity
ACCESS Inc.
Jackson County Housing Coalition
Housing Authority of Jackson County
VIII. Is this project scalable? (i.e. if partial funding is awarded, will the recipient
organization be able to use the funds in FY 2007?)
YES
Page 4 0[4
Ashland United Front
OREGON HOUSE DELEGATION
APPROPRIATIONS REQUEST FORM
FISCAL YEAR 2007
Project Title (e.g. Interstate 5 Trade Corridor):
Railroad Crossing Safety Improvements
Grant recipient name and address (if the project is to be carried out in location that is
different from the grantee address, please provide that city and state):
Ashland United Front
Contact name, phone number, and e-mail:
Ann Seltzer, Management Analyst City of Ashland
20 East Main Street City Hall
Ashland, OR 97520
541-552-2106 (work)
541-488-5311 (fax)
Describe the organization's main activities, and whether it is a public, private non-profit,
or private for-profit entity:
The Ashland United Front is comprised of Ashland School District, Ashland Community
Hospital, City of Ashland, Community Works and the Ashland Chamber of Commerce is an
informal gathering of the primary community oriented organizations in town. We meet to
discuss issues that are a concern and important to the entire community. We begin by asking
ourselves what are the critical issues facing our community and how can we help.
Briefly describe the activity or project for which funding is requested (please keep to 250
words or less, subcommittee online submission will not accept more):
On January 25,2006 a vehicle was struck by a train in Ashland. The driver was seriously injured
and is still undergoing corrective surgeries.
Railroad tracks bisect our community and cross nine primary streets. Traffic at those
intersections has steadily increased over the years. These roads lead to housing developments,
schools, retail stores and recreation areas.
This project will focus on five crossings considered most hazardous to citizens. Two of the
crossings are on either side of Ashland Middle School. One is adjacent to university housing an
area with numerous children, one is adjacent to emergency services and one bisects a four way
Page 1 0[3
Ashland United Front
intersection. Many of the crossings are impassable for wheelchairs, strollers and bicycles due to
eroded surfaces and narrow widths.
Improvements include surface replacement, widening, six safety gates, improved signage and
visibility.
Estimated costs are $3.7 million. The railroad has no obligation to fund any of the
improvements. Installation of the crossing gates, signals and concrete pad for pedestrians and
cyclists crossing are contracted by or performed by the railroad with ALL costs born by the city.
The City has no input into the costs of the railroad's work. The estimated average cost per
crossing improvements is $740,000.
Oregon receives approximately $2 million per year in federal funds for railroad crossing
improvements. There are more than 900 rail crossing in Oregon and the majority of funds are
allocated to densely populated areas ofthe State. Ashland has been unsuccessful in receiving
FHW A or ODOT funding for this project.
Is this a new project?
This project has been a city council and community goal for many years.
Description of project's legal authorization (e.g. Transportation Bill, Energy Bill, etc.):
* Not all projects are legally authorized and authorization is not a prerequisite for funding
N/A
Federal agency and account from which funds are requested (Please be specific -e.g.
Department of Housing and Urban Development, Economic Development Initiatives
account):
Transportation
What is the national significance of the project, and what specific federal responsibility
does the funding of this project or activity advance?
Railroad crossing safety improvements is a primary focus of the Federal Transit Authority and
the Federal Railroad Administration.
Will funding also be sought by another Congressional Member? If so, who?
Yes. Senator Gordon Smith and Senator Ron Wyden
Page 2 0[3
Ashland United Front
Funding Details
I. Total project cost:
$3.7 million
II. FY 2007 federal request:
$2.4 million
III. Amounts of requests and funding in previous years (please specify if funding was
requested from a different account/agency than the current request):
None
IV. Amounts expected to be requested in future years:
None
V. Breakdown/budget ofthe amount you are requesting for this project in FY 2007. (e.g.
salary $40,000; computer $3,000):
$3.49 million = Construction
$154 thousand = Engineering
$50 thousand = Dedicated Staff
Total Budget = $3.7 million
VI. Description of local, regional and/or state financial support (i.e. funding commitments
to match federal dollars (Please provide specific dollar amount or percentage)):
$825 thousand = City of Ashland (local in SDCs and Street Fees)
$154 thousand = City of Ashland (local for engineering)
$50 thousand = City of Ashland (local dedicated staff)
Total local match = $1.3 million
VII. Please list public or private organizations that have supported/endorsed this project:
Ashland School District, Ashland Community Hospital, City of Ashland, Community Warks,
Ashland Chamber of Commerce, Southern Oregon University
VIII. Is this project scalable? (i.e. if partial funding is awarded, will the recipient
organization be able to use the funds in FY 2007?)
YES
Page 3 of3
Ashland United Front
OREGON HOUSE DELEGATION
APPROPRIATIONS REQUEST FORM
FISCAL YEAR 2007
Project Title (e.g. Interstate 5 Trade Corridor):
Ashland Watershed Forest Resiliency Project
Grant recipient name and address (if the project is to be carried out in location that is
different from the grantee address, please provide that city and state):
Ashland United Front
Contact name, phone number, and e-mail:
Ann Seltzer, Management Analyst, City of Ashland
20 East Main Street City Hall
Ashland, OR 97520
541-552-2106 (work)
541-488-5311 (fax)
ann@ashland.or.us
Describe the organization's main activities, and whether it is a public, private non-profit,
or private for-profit entity:
The Ashland United Front is comprised of Ashland School District, Ashland Community
Hospital, City of Ashland, Community Works and the Ashland Chamber of Commerce. United
Front is an informal gathering of the primary community-oriented organizations in town. We
meet to discuss issues that are of concern and important to the entire community. We begin by
asking ourselves what are the critical issues facing our community and how can we help.
The City of Ashland will act as the recipient for this request.
Briefly describe the activity or project for which funding is requested (please keep to 250
words or less, subcommittee online submission will not accept more):
The USDA Forest Service has proposed a forest resiliency project on federal land to meet the
urgent need for reduction of fire hazard in the Ashland Watershed and to protect the Values at
Risk: water quality, protection of life and property, late-successional habitat, and wildlife
transition corridor. Ashland United Front wants to ensure that this project receives full funding.
The 16,000-acre Ashland Creek Watershed is the primary source of potable water for the city's
20,000 citizens. The City's Wildland Urban Interface (WUI) extends 1 1/2 miles into the
Page 1 of3
Ashland United Front
watershed. The 2003 Upper Bear Assessment describes existing data on the watershed and
outlines an integrated approach to watershed management.
The Ashland Forest Resiliency Project DEIS was prepared in 2005 pursuant to Sections 103 and
104 of the Healthy Forests Restoration Act. Both action alternatives require on-site pre-
implementation data collection, particularly vegetation data and site & stand evaluation data to
verify satellite images. The data is essential to design of site-specific prescriptions and
operational plans during project activity.
Based on the established working relationship with the City, the Forest Service proposes multi-
party monitoring [under HFRA section 1 02(g)( 5)] so that adaptive management can occur.
Multi-party monitoring is subject to available funding and the ability of the City to contribute
funds and in-kind services. This project will ensure that the City and the Forest Service each
have adequate funding for these integrated management activities to proceed in a timely manner
in fiscal year 2007.
Is this a new project?
Yes. This project has been a city council and community goal for many years. USDA FS
Ashland Forest Resiliency, DEIS June 2005, FEIS and ROD expected in 2006.
Description of project's legal authorization (e.g. Transportation Bill, Energy Bill, etc.):
* Not all projects are legally authorized and authorization is not a prerequisite for funding
Healthy Forests Restoration Act of2003, National Fire Plan.
Federal agency and account from which funds are requested (Please be specific -e.g.
Department of Housing and Urban Development, Economic Development Initiatives
account):
Primary: DOl USDA Forest Service Fire Management Appropriations, (HR2361 in fiscal 2006).
Secondary: Energy and Water Development (U.S. EPA)
What is the national significance of the project, and what specific federal responsibility
does the funding of this project or activity advance?
This activity advances the commitment of the Environmental Protection Agency to protect
source water from contamination. The Ashland Forest Resiliency Project is a HFRA project to
reduce the risk of catastrophic fire in a municipal water supply watershed and in the Wildland
Urban Interface between the City of Ashland and the Rogue River National Forest, Ashland
Ranger District. Further, the Ashland Watershed is a key component of the Transition Wildlife
Corridor between the Klamath-Siskiyou and the Cascade Mountains, and hosts a number ofESA
and NWFP protected species.
Will funding also be sought by another Congressional Member? If so, who?
Yes. Senator Gordon Smith and Senator Ron Wyden
Page 2 of3
Ashland United Front
Funding Details
I. Total project cost:
$1.5 million
II. FY 2007 federal request:
$1.5 million
III. Amounts of requests and funding in previous years (please specify if funding was
requested from a different account/agency than the current request):
None
IV. Amounts expected to be requested in future years:
None
V. Breakdown/budget of the amount you are requesting for this project in FY 2007.
(e.g. salary $40,000; computer $3,000):
All funds are for personnel costs.
VI. Description of local, regional and/or state financial support (i.e. funding
commitments to match federal dollars (Please provide specific dollar amount or
percentage)):
$40,000/yr = Ashland City Public Warks staff
$80,000/yr = Ashland Water Fund to Forest Interface
200 hours local volunteer time/yr
Joint City of Ashland-U.S. Geological Survey stream monitoring project
Total local match = $120,000 per year, plus in-kind services
VII. Please list public or private organizations that have supported/endorsed this
project:
Ashland School District, Ashland Community Hospital, City of Ashland, Community
Works, Ashland Chamber of Commerce, Southern Oregon University
VIII. Is this project scalable? (i.e. if partial funding is awarded, will the recipient
organization be able to use the funds in FY 2007?)
YES
Page 3 of3
Ashland United Front
OREGON HOUSE DELEGATION
APPROPRIATIONS REQUEST FORM
FISCAL YEAR 2007
Project Title (e.g. Interstate 5 Trade Corridor):
Evidenced Research for High Risk Youth
Grant recipient name and address (if the project is to be carried out in location that is
different from the grantee address, please provide that city and state):
This proposal is being submitted under the auspices of the United Front which is a coalition
comprised of the Ashland Community Hospital, Ashland School District, Community Works,
Southern Oregon University, Ashland Chamber of Commerce, and the City of Ashland. For the
purpose of this proposal the Ashland School District will be the lead agency for the project.
Contact name, phone number, and email:
Although the school district will be the administrative and fiscal lead Arnie Green the Executive
Director of Community Works will be the contact person. His phone # is 541-779-2393 x227.
His email is agreen((i:community-works.org. Juli DiChiro is the Superintendent of the Ashland
School District. Her phone # is 541-482-2811. Her email isiuli.dichiro((:l~ashland.k 12,0[, liS.
Describe the organization's main activities, and whether it is a public, private non-profit,
or private for-profit entity:
The Ashland School District is a public agency that provides K - 12 education.
Briefly describe the activity or project for which funding is requested (please keep to 250
words or less, subcommittee online submission wiJI not accept more):
This partnership wisely uses community resources, in contexts where the results matter
immediately to individual high risk young people. Southern Oregon University will conduct a
literature review of evidence-based models and use its analysis as the basis to develop a "wrap-
around" system of services with providers. The providers will include the Ashland School
District, the Ashland Police Department, the Ashland Chamber of Commerce (providing
business community mentors and vocational opportunities), Southern Oregon University
(providing a cadre of student mentors), On Track (non-profit provider of alcohol and drug
treatment services), and Community Works (non-profit social services agency providing project
coordination, mental health treatment, and case management).
Page 1 0[3
Ashland United Front
The services will be provided to two cohorts of children and families. One cohort will be an
Ashland High School alternative classroom; these students have had significant difficulty
making progress in the mainstream classrooms. The second cohort will be students at a
residential treatment facility located in Ashland; these students represent some of the more
troubled youth in Southern Oregon; they are referred by the Oregon Youth Authority and the
Oregon Department of Human Services. Southern Oregon University will perform outcome
evaluations for the project.
Is this a new project?:
This is a new project.
Description of project's legal authorization:
n1a
Federal a2ency and account from which funds are requested:
There are rationales for the Department of Justice under the auspices of delinquency prevention,
the Department of Health and Human Services under its mental health or alcohol/drug treatment
programs, or the Department of Education under its special education program. Last year it was
placed in the Labor and Education Appropriations bill. Sen. Smith's and Rep. Walden's staff
have suggested it might have a better chance in the Justice Appropriations Bill.
What is the national significance of the project, and what specific federal responsibility
does the funding of this project or activity advance?:
There is a nation wide effort to improve the efficacy of programs paid for with public funds.
These efforts seek to define proven practices and only provide funding for those using these
"evidence based" models. Most of these models are developed around single issues such as
drug/alcohol abuse, delinquency prevention, mental disturbances, etc. This research will provide
a comprehensive model for children and families with multiple needs.
Since the cost of providing independent research studies is high only a few models have been
designated as "evidence based". Further, since these are often proprietary the cost of
implementing these models is also high. The goal of this project is to demonstrate the efficacy of
a comprehensive "wrap around" model that uses the basic ingredients of a variety of evidence
based practices. This will reduce the costs and develop a base-line of data that can be used by
government agencies, non profits, and faith based groups across the country.
Will funding also be sought by another Congressional Member? If so, who?:
Under the auspices of the United Front this proposal will be taken to Senators Smith and Wyden.
Page 2 of3
Ashland United Front
Funding Details
I. Total project cost:
$2,881,962
II. FY 2006 federal request:
$600,000
III. Amounts of requests and funding in previous years (please specify if funding was
requested from a different account/agency than the current request):
N/A
IV. Amounts expected to be requested in future years:
None
V. Break down/budget of the amount you are requesting for this project in FY 2006.
(example: salary $40,000; computer $3,000):
Salaries and Benefits: $442,056.50 Materials, Services and Administrative Expenses:
$157,943.50. This proposal will fund all or part of 16 salaries. A complete budget
breakdown is attached. These funds will be paying for staff positions at Community Works,
On Track, the City of Ashland, Southern Oregon University, and the Chamber of Commerce.
VI. Description of local, regional and/or state support (Le. funding commitments to match
federal dollars and demonstrations of public or private sector support):
The services to the Community Works Lithia Springs Cohort are supported by approximately
$1.5 million in a combination of State and Federal funds. The services to the Ashland High
School Cohort are supported by $60,000 in State and Federal Educational funds. The
Chamber of Commerce will be providing approximately $4,800 and the City of Ashland will
be providing $3,500 in matching support for Materials, Services and Administrative
Expenses.
Page 3 of3
FY 2007 - OREGON FEDERAL APPROPRIATIONS REQUEST
U.S. Senator Ron Wyden
Please fill in ALL applicable fields!
Name of Project: Land Purchase for construction of workforce housing, Ashland, OR
Location: County(s): Jackson County I City: Ashland, Oregon
ReQuestinl!. Organization: Ashland United Front
Project Description: The Ashland United Front, comprised of the Ashland School District, Ashland
Chamber of Commerce, Community Works, Ashland Community Hospital and the City
of Ashland, is requesting $2.2 million to purchase land for the development of two 28-
unit housing developments for qualified low- moderate-income Ashland residents.
There are fewer than eight acres of developable land available in the city's highest
residential zoning category, which has a base density of 20 units per acre. The unit to
land ratio used by the Oregon housing and community services when evaluating the
viability to develop low-income housing is approximately $20,000 per unit. In Ashland
the average unit to land cost ratio is upwards of$45,000. The average cost ofland per
acre within the city limits for high-density multifamily development exceeds $700,000.
The high cost of land significantly undermines the ability of nonprofit housing
providers to create affordable housing.
Providers in our region have all consistently cited the availability and cost of property
in Ashland as the major impediment to developing needed affordable housing.
Because of the scope of the project, partnering agencies could include a host of local
nonprofits: Habitat for Humanity, Rogue Valley Community Development
Commission, Ashland Community Land Trust, ACCESS Inc., and the Housing
A uthority of Jackson County. Further, again because of the scope of the proj ect, it is
likely that it would be a candidate for the federal low-income tax credit program
administered through Oregon Housing and Community Services.
Fair market rent as defined by the Housing and Urban Development is no more than
30% of a person's monthly income. The average rent for a two bedroom apartment in
Ashland is $610. To afford that rent, an employee must earn $24,400 per year or about
$11.71 per hour. A fulltime minimum wage job pays $13,400 per year. On that income
a household could afford rent of about $340 per month.
Lack of workforce housing directly affect the economic health of our community.
Hospital employees, university staff, small business employees, city staff, school
teachers and others cannot afford to live in the town in which they work. The potential
of losing these employees to other communities is great. In addition, the lack of
affordable housing is a primary concern of businesses looking to locate in our area.
How will the funds be spent? Please provide a detailed description of how the funds will be used and indicate
whether funds will go toward construction, planning, or programming.
The Funds will be used to purchase land for construction.
Bill or Report Language Requested (if applicable, please provide language requested and indicate whether you
are seeking bill or report language): NI A
Anticipated Appropriations Bill and Account:
Federal Dollars Requested in FY07 from the account listed above:
0 Is this a multi-year project? No
0 Will you be requesting funding in future years? No
Are you seeking FY07 funds through other federal accounts? If yes, please specify account(s).
No.
Previous Federal Appropriations (Please indicate which appropriations bill(s) and year(s) received):
None.
Have you pursued federal grant funding? If yes, which Department and program?
No.
Non-federal Contribution (Please identify funding amount and who is contributing):
The City of Ashland has $1.3 million in dedicated funds for developing workforce housing and the City funds a
dedicated staff person for workforce housing at $60,000 per year.
Total Cost of Project: $7.5 million ($2.2 land acquisition and $5.3 million in construction for 56 units at
$94,000 each)
Amount for this project in President's FY07 Bude;et Request: None.
Authorizine; Statute (if authorized):
Local Contact:
0 Name: Ann Seltzer, Management Analyst, City of Ashland
0 Address: 20 East Main Street, City Hall
0 City, State, Zip: Ashland, OR 97520
0 Telephone: 541-552-2106
0 Fax: 541-488-5311
0 Email: Ann (a)ashland.or.us
DC Contact (if applicable): None.
0 Name:
0 Address:
0 City, State, Zip:
0 Telephone:
0 Fax:
0 Email:
Other Organizations/Community Leaders who have provided letters in support of this project
(please provide letters as PDF attachments or via United States Postal Service):
0 Organization: Ashland Chamber of Commerce
0 Contact: Sandra Slattery, Executive Director
0 Telephone: 541-482-3486
0 Organization: Ashland Community Hospital
0 Contact: Mark Marchetti, Director
0 Telephone: 541-482-2441
0 Organization: Southern Oregon University
0 Contact: Elisabeth Zinser, President
0 Telephone: 541-552-6111
0 Organization: Community Works
0 Contact: Arnie Green, Director
0 Telephone: 541-779-2393 x 227
0 Organization: City of Ashland
0 Contact: John W. Morrison, Mayor
0 Telephone: 541-488-6002
0 Organization: AsWand School District
0 Contact: Juli DiChiro, Superintendent
0 Telephone: 541-482-2811
0 Organization: Habitat for Humanity
0 Contact:
0 Telephone:
0 Organization: ACCESS, Inc.
0 Contact:
0 Telephone:
0 Organization: Ashland Community Land Trust
0 Contact:
0 Telephone:
0 Organization: Housing Authority of Jackson County
0 Contact:
0 Telephone:
0 Organization: Rogue Valley Community Development Commission
0 Contact:
0 Telephone:
* How many jobs will be created by this project? What type of jobs?
200 Construction jobs.
Please email the completed form to the appropriate Field Representative
FY 2007 Transportation, Treasury, the Judiciary, Housing and Urban Development and Related
Agencies (TTHUD) Subcommittee Appropriations Form
Please enter in ALL FIELDS.
MEMBER: Senator Ron Wyden
Member Staff Contact (NamefNumber): Molly McCarthy (Wyden) 541-858-5122
Agency:
Account:
HUD
unknown
Request Amount:
President's Budget:
$2.2 million
$0.00
Enter a concise project name, followed by the state (200 character limit):
Land purchase for the development two 28-unit low- moderate-income housing developments in Ashland, OR.
Brief Project Description (7 50 words):
The Ashland United Front intends to purchase land for the development of two 28-unit housing developments for
qualified low- moderate-income Ashland residents.
There are fewer than eight acres of developable land available in the city's highest residential zoning category, which
has a base density of 20 units per acre. The unit to land ratio used by the Oregon Housing and Community Services
when evaluating the viability to develop low-income housing is approximately $20,000 per unit. In Ashland the average
unit to land cost ratio is upwards of $45,000. The average cost of land per acre within the city limits for high-density
multi-family development exceeds $800,000. The high cost of land significantly undermines the ability of nonprofit
housing providers to create affordable housing.
Providers in our region have all consistently cited the availability and cost of property in Ashland as the major
impediment to developing needed affordable housing.
The City of Ashland is an entitlement city and receives approximately $210,000 per year in Community Development
Block Grant Funds (CDBG) from the department of Housing and Urban Development (HUD). 85% of the competitive
CDBG funds are devoted to affordable housing with the remainder used to address homelessness.
CDBG funds have enabled the City, to partner with the Ashland Community Land Trust (ACLT) and the Rogue Valley
Community Development Corporation (RVCDC) to develop a total of 15 new affordable units, eight rentals and seven
ownerships over the past year. Additionally the City has recently applied CDBG funds to purchase two parcels to
enable the Rogue Valley Community Development Corporation to create 15 single-family town homes to benefit low
and moderate-income households. These units are to be completed utilizing the US Department of Agriculture's Rural
Development Self-Help program.
Because of the scope of the project, partnering agencies can include a host of local nonprofits: Habitat for Humanity,
Rogue Valley Community Development Commission, Ashland Community Land Trust, ACCESS Inc., and the Housing
Authority of Jackson County. Further, again because of the scope of the project, it is likely that it would be a candidate
for the federal low-income housing tax credit (LlHTC) program administered through Oregon Housing and
Community Services.-
Fair market rent as defined by the Housing and Urban development is no more than 30% of a person's monthly income.
The average rent for a two bedroom apartment in Ashland is $610. To afford that rent, an employee must earn
Ashland United Front
Land purchase workforce housing continued
Amount of anticipated non-federal match in 2007, prior years and future years (percent or dollar amount):
Local match $1.5 million.
Please identify any reason why the funding requested could not be obligated in full on the date of enactment of the
Transportation, Treasure, the Judiciary, Housing and Urban Development and Related Agencies Appropriations Act:
None
If this is an EDI request, please identify the name of the grantee, project and location:
Grantee: City of Ashland on behalf of the Ashland United Front
Project Land purchase for the development two 28-unit low- moderate-income housing developments.
Location: Ashland, Oregon
If you are requesting bill or report language for this particular project or grant, please insert here: Nt A
If there is any other language requested that is unrelated to a grant or project, but related to a program under jurisdiction of this
Subcommittee, please insert here: No
Local Project Contact Person and Title:
Organization:
Phone:
Ann J. Seltzer
City of Ashland, OR
541-552-2106
Please note: The Subcommittee will not fund any EDI projects below $200,000. Like last year, the following activities
will not be eligible for EDI funds: reimbursement of expenses (including debt services or retirements), transportation or road
projects, expenses for program operations, homeland security or "first responder" projects, healthcare facilities, colleges and
universities will only be funded under special circumstances.
3
FY 2007 - OREGON FEDERAL APPROPRIATIONS REQUEST
U.S. Senator Ron Wyden
Please fill in ALL applicable fields!
Name of Proiect: Railroad Crossing Safety Improvements
Location: County(s): Jackson County I City: AsWand, Oregon
ReQuestinf? Orf?anization: Ashland United Front
Project Description: The Ashland United Front comprised of the Ashland School District, Ashland Chamber
of Commerce, Community Works, Ashland Community Hospital, Southern Oregon
University and the City of Ashland is requesting $2.4 million for safety improvements
to five railroad crossings in Ashland.
On January 25, 2006 a vehicle was struck by a train in Ashland. The driver was
severely injured and is still undergoing corrective surgeries. Railroad tracks bisect our
community and cross nine primary streets. The volume of traffic at those intersections
including automobiles, pedestrians and bicyclists has steadily increased over the years.
These roads lead to housing developments, retail stores and recreation areas. Two of
the crossings are located on either side of Ashland Middle School. One crossing is
adjacent to emergency services, one crossing bisects a four way intersection, one
crossing is adjacent to university student housing with numerous young children in the
area. Many of the crossings are impassable for wheelchairs, strollers and bicycles due
to eroded surfaces and narrow widths.
A verage daily traffic counts at each of the crossings have increased significantly and
are expected to double in the next 20 years. The maximum train speed is between
20mph and 30mph through town. The crossing adjacent to the Ashland Middle School
is 30mph.
Oregon receives approximately $2 million per year in federal funds for the railroad
crossing improvements. There are more than 900 rail crossings in Oregon and the
majority of these funds are allocated to more densely populated areas of the State.
Ashland has been unsuccessful in receiving FHW A or ODOT funding for this
project.
How will the funds be spent? Please provide a detailed description of how the funds will be used and indicate
whether funds will go toward construction, planning, or programming.
There are nine at-grade railroad crossings in the city of AsWand - all located along a railroad corridor owned and
operated by Central Oregon and Pacific Railroad (CORP). Each of these crossings requires some type of upgrade
and sever need major safety improvements. The project will focus on five of the crossings most hazardous to
citizens.
All funds will go towards construction. Improvements include surface replacement, widening to accommodate
pedestrians and bicyclists, six safety gates, improved signage and visibility.
Current estimated costs are $3.7 million in construction. The City of Ashland has $1.3 million dedicated to the
project leaving a shortfall of $2.4 million.
The railroad has no financial obligation to fund any of the improvements. All improvements are contracted by or
performed by the railroad with ALL costs born by the City. CORP is not required to seek competitive bids.
COPRs only financial obligation is the maintenance of the items. The City has no input into the cost of the
railroads work. Engineers have estimated an average cost of approximately $740,000 per crossing.
Bill or Report Language Requested (if applicable, please provide language requested and indicate whether you
are seeking bill or report language): N/A
Anticipated Appropriations Bill and Account: Transportation
Federal Dollars Requested in FY07 from the account listed above:
o Is this a multi-year project? Yes
o Will you be requesting funding in future years? No
Are you seeking FY07 funds through other federal accounts? If yes, please specify account(s).
No.
Previous Federal Appropriations (Please indicate which appropriations bill(s) and year(s) received):
No previous federal appropriations for this project.
Have you pursued federal grant funding? If yes, which Department and program?
The City has pursued funding though FHW A and ODOT over the years and has been unsuccessful.
Non-federal Contribution (Please identify funding amount and who is contributing):
Construction: $825 thousand (City of Ashland SDCs and Street Fees)
Engineering: $150 thousand (City of Ashland engineering)
Staff Costs: $50 thousand (City of Ashland dedicated staff)
Total non-federal contribution: $1.3 Million
Total Cost of Proiect: $3.7 Million
Amount for this Droiect in President's FY07 Budl!et Reauest: None.
Authorizinl?, Statute (if authorized):
Local Contact:
0 Name: Ann Seltzer, Management Analyst, City of Ashland
0 Address: 20 East Main Street, City Hall
0 City, State, Zip: Ashland, OR 97520
0 Telephone: 541-552-2 I 06
0 Fax: 54 I -488-53 I I
0 Email: Ann (a!ashland.oLus
DC Contact (if applicable): None.
0 Name:
0 Address:
0 City, State, Zip:
0 Telephone:
0 Fax:
0 Email:
Other Organizations/Community Leaders who have provided letters in support of this project
(please provide letters as PDF attachments or via United States Postal Service):
0 Organization: Ashland Chamber of Commerce
0 Contact: Sandra Slattery, Executive Director
0 Telephone: 541-482-3486
0 Organization: Ashland Community Hospital
0 Contact: Mark Marchetti, Director
0 Telephone: 541-482-2441
0 Organization: Southern Oregon University
0 Contact: Elisabeth Zinser, President
0 Telephone: 541-552-6111
0 Organization: Community Works
0 Contact: Arnie Green, Director
0 Telephone: 541-779-2393 x 227
0 Organization: City of Ashland
0 Contact: John W. Morrison, Mayor
0 Telephone: 541-488-6002
0 Organization: Ashland School District
0 Contact: Juli DiChiro, Superintendent
0 Telephone: 541-482-2811
* How many jobs will be created by this project? What type of jobs?
50 jobs (10 construction jobs per crossing)
Please email the completed form to the appropriate Field Representative
FY 2007 Transportation, Treasury, the Judiciary, Housing and Urban Development and Related
Agencies (TTHUD) Subcommittee Appropriations Form
Please enter in ALL FIELDS.
MEMBER: Senator Ron Wyden
Member Staff Contact (NameINumber): Molly McCarthy (Wyden) 541-858-5122
Agency: FRA
Account:
Request Amount: $2.4 million
President's Budget: $0.00
Enter a concise project name, followed by the state (200 character limit):
Railroad Crossing Safety Improvements in Ashland Oregon
Brief Project Description (750 words):
There are nine at-grade railroad crossings in the City of Ashland - all located along a railroad corridor owned and
operated by Central Oregon and Pacific Railroad (CORP). Each of these crossings requires some type of update and
several need major safety improvement. This project focuses on five of the crossings considered most hazardous to
citizens.
Current estimated costs are $3.7 million in construction including engineering and staff. The railroad has no financial
obligation to fund any of the improvements. Installation of the crossing gates, signals and concrete crossing surfaces for
pedestrian and cyclists are all contracted by or performed by the railroad with ALL costs born by the City. CORP is
not required to seek competitive bids and their only financial obligation is the maintenance of the items. The City has
no input into the cost of the railroad's work and must pay all of the railroads costs including construction, oversight,
flagging and administration. The average cost per crossing improvement is $740,000.
Safety improvements include surface replacement, widening to accommodate pedestrians and bicyclists, six safety gates,
improved signage and visibility.
Oregon receives approximately $2 million per year in federal funds for railroad crossing improvements. There are
more than 900 railroad crossings in Oregon and the majority of these funds are allocated to densely populated areas of
the State. Ashland has been unsuccessful in receiving FHW A or ODOT funding for this project.
On January 26, 2006 a vehicle was struck by a train in Ashland. The driver survived but was in critical condition.
Railroad tracks bisect our community and cross nine primary streets. The volume of traffic at those intersections,
including automobiles, pedestrians and bicyclists has steadily increased over the years. These roads lead to housing
developments, retail stores and recreation areas. Two of the crossings are located on either side of the Ashland Middle
School. One crossing is adjacent to an emergency services provider, one crossing bisects a four way intersection and
one crossing is adj acent to university student housing with numerous young children in the area. Many of the crossings
are impassable for wheelchairs, strollers and bicycles due to eroded surfaces and narrow widths.
Average daily traffic counts at each of the crossings have increased significantly and are expected to increase by 65% in
the next 20 years. The maximum train speed is between 20mph and 25 mph through Town.
Ashland is an active and thriving community on both sides of the tracks and seeks all means of funding in order to
ensure the safety of Ashland citizens.
Additional Project Details (unlimited):
Railroad Crossing Safety Improvements continued
Ashland United Front
If this is an FAA request, list the Airport Name (as defmed in FAA NPlAS): N/A
lfthis is an FTA project, list the appropriate transit authority: N/A
Specific amount received in prior year Transportation appropriations (by year if applicable): $0.00
Has the project previously received any federal, state, or private funding, including federal discretionary grants or state federal-
aid highway or transit formula apportionment funding?
YES or NO (circle one)
lfyes, how much, from what source, and when? (do not include Appropriations money)
N/A
lfthis is a transportation project, have you confirmed either with USDOT or a regional USDOT office that this project is
eligible for funds provided under the requested account? N/ A
YES
or NO
( circle one)
Other federal funds that have or will be committed to this project (TEA-21, other appropriations bills): None
Amount of anticipated non-federal match in 2007, prior years and future years (percent or dollar amount):
$1.3 million
Please identify any reason why the funding requested could not be obligated in full on the date of enactment of the
Transportation, Treasure, the Judiciary, Housing and Urban Development and Related Agencies Appropriations Act:
None
If this is an EDl request, please identify the name of the grantee, project and location: N/A
lfyou are requesting bill or report language for this particular project or grant, please insert here: N/A
If there is any other language requested that is unrelated to a grant or project, but related to a program under jurisdiction of this
Subcommittee, please insert here: N/A
Local Project Contact Person and Title:
Organization:
Phone:
Ann Seltzer, Management Analyst
City of Ashland
541"':'552-2106
Please note: The Subcommittee will not fund any EDI projects below $200,000. Like last year, the following activities
will not be eligible for EDl funds: reimbursement of expenses (including debt services or retirements), transportation or road
projects, expenses for program operations, homeland security or "first responder" projects, healthcare facilities, colleges and
universities will only be funded under special circumstances.
2
FY 2007 - OREGON FEDERAL APPROPRIA nONS REQUEST
u.s. Senator Ron Wyden
Please fill in ALL applicable fields!
Name ofPro.iect: Ashland Watershed Forest Resiliency Project
Location: County(s): Jackson County I City: Ashland, Oregon
ReQuestinl!. Organization: Ashland United Front
Project Description: The USDA Forest Service has proposed a Forest Resiliency Project on federal land to
meet the urgent need for reduction of fire hazard in the Ashland Watershed and to
protect the Values at Risk: water quality, protection of life and property, late-
successional habitat, and wildlife transition corridor. Ashland United Front wants to
ensure that this project receives full funding.
The I 6,000-acre AsWand Creek Watershed is the primary source of potable water for
the city's 20,000 citizens. The City's Wildland Urban Interface (WUI) extends 1 1/2
miles into the watershed. The 2003 Upper Bear Assessment describes existing data on
the watershed and outlines an integrated approach to watershed management.
The Ashland Forest Resiliency Project DEIS was prepared in 2005 pursuant to Sections
103 and 104 of the Healthy Forests Restoration Act. Both action alternatives require
on-site pre-implementation data collection, particularly vegetation data and site & stand
evaluation data to verify satellite images. The data is essential to design of site-specific
prescriptions and operational plans during project activity.
Based on the established working relationship with the City, the Forest Service
proposes multi-party monitoring [under HFRA section 102(g)(5)] so that adaptive
management can occur. Multi-party monitoring is subject to available funding and the
ability of the City to contribute funds and in-kind services. This project will ensure that
the City and the Forest Service each have adequate funding for these integrated
management activities to proceed in a timely manner in fiscal year 2007.
How will the funds be spent? Please provide a detailed description of how the funds will be used and indicate
whether funds will go toward construction, planning, or programming.
All funds are for field personnel.
Bill or Report Language Requested (if applicable, please provide language requested and indicate whether you
are seeking bill or report language): NIA
Anticipated Appropriations Bill and Account: DOl USDA Forest Service Fire Management
Federal Dollars Requested in FY07 from the account listed above: $1.5 Million
0 Is this a multi-year project? Yes
0 Will you be requesting funding in future years? Possibly
Are you seeking FY07 funds through other federal accounts? If yes, please specify account(s).
No.
Previous Federal Appropriations (Please indicate which appropriations bill(s) and year(s) received):
No previous federal appropriations for this project.
Have you pursued federal grant funding? If yes, which Department and program?
National Fire Plan (BLM) and USDA Title III funds are not available for this purpose. City has used these in the
past for private lands interface work and education activities.
Non-federal Contribution (Please identify funding amount and who is contributing):
$40,OOO/yr = Ashland City Public Works Staff
$80,000/yr = Ashland Water Fund to Forest Interface
200 hours local volunteer time/yr
Joint Ashland-U.S. Geological Survey stream monitoring project
Total local match = $120,000 per year, plus in-kind service
Total non-federal contribution: $ I 20,000/yr
Total Cost of Project: $1.5 Million
Amount for this project in President's FY07 Budl!,et Request: None.
Authorizing Statute (if authorized): Healthy Forests Restoration Act, National Fire Plan
Local Contact:
0 Name: Ann Seltzer, Management Analyst, City of Ashland
0 Address: 20 East Main Street, City Hall
0 City, State, Zip: Ashland, OR 97520
0 Telephone: 541-552-2106
0 Fax: 541-488-5311
0 Email: Ann (a;)ashland.oLus
DC Contact (if applicable): None.
0 Name:
0 Address:
0 City, State, Zip:
0 Telephone:
0 Fax:
0 Ernail:
Other Organizations/Community Leaders who have provided letters in support of this project
(please provide letters as PDF attachments or via United States Postal Service):
0 Organiza ti on: Ashland Chamber of Commerce
0 Contact: Sandra Slattery, Executive Director
0 Telephone: 541-482-3486
0 Organiza ti on: Ashland Community Hospital
0 Contact: Mark Marchetti, Director
0 Telephone: 541-482-2441
0 Organization: Southern Oregon University
0 Contact: Elisabeth Zinser, President
0 Telephone: 541-552-6111
0 Organization: Community Works
0 Contact: Arnie Green, Director
0 Telephone: 541-779-2393 x 227
0 Organiza ti on: City of Ashland
0 Contact: John W. Morrison, Mayor
0 Telephone: 541-488-6002
0 Organization: Ashland School District
0 Contact: Juli DiChiro, Superintendent
0 Telephone: 541-482-2811
* How many jobs will be created by this project? What type of jobs?
Forest Service Contractual work, plus volunteer time.
Please email the completed form to the appropriate Field Representative
FY 2007 - OREGON FEDERAL APPROPRIATIONS REQUEST
U.S. Senator Ron Wyden
Please fill in ALL applicable fields!
Name of Project: Evidenced Based Research for High Risk Youth
Location: County(s): Jackson County I City: Ashland, Oregon
ReQuestinl! Organization: Ashland United Front
Project Description: This partnership wisely uses community resources, in contexts where the results matter
immediately to individual young people. Southern Oregon University will conduct a
literature review of evidence-based models and use its analysis as the basis to develop a
"wrap-around" system of services with providers. The providers will include the
Ashland School District, the Ashland Police Department, the Ashland Chamber of
Commerce (providing business community mentors and vocational opportunities),
Southern Oregon University (providing a cadre of student mentors), On Track (non-
profit provider of alcohol and drug treatment services), and Community Works (non-
profit social services agency providing project coordination, mental health treatment,
and case management).
The services will be provided to two cohorts of children and families. One cohort will
be an Ashland High School alternative classroom; these students have had significant
difficulty making progress in the mainstream classrooms. The second cohort will be
students at a residential treatment facility located in Ashland; these students represent
some of the more troubled youth in Southern Oregon; they are referred by the Oregon
Youth Authority and the Oregon Department of Human Services. Southern Oregon
University will perform outcome evaluations for the project.
There is a nation wide effort to improve the efficacy of programs paid for with public
funds. These efforts seek to define proven practices and only provide funding for those
using these "evidence based" models. Since the cost of providing two independent
research studies is high only a few models have been designated as "evidence based".
Further, since these are often proprietary the cost of implementing these models is also
high. The goal of this project is to demonstrate the efficacy of a model that uses the
basic ingredients of a variety of models. This will reduce the costs and develop a base-
line of data that can be used by government agencies, non profits, and faith based
groups across the country.
How will the funds be spent? Please provide a detailed description of how the funds will be used and indicate
whether funds will go toward construction, planning, or programming.
Funding will be used for research and programming. Salaries and Benefits: $442,056.50 Materials, Services and
Administrative Expenses: $157,943.50. This proposal will fund all or part of 16 salaries. A complete budget
breakdown is attached. These funds will be paying for staff positions at Community Works, On Track, the City of
Ashland, Southern Oregon University, and the Ashland Chamber of Commerce.
Bill or Report Language Requested (if applicable, please provide language requested and indicate whether you
are seeking bill or report language): N/A
Anticipated Appropriations Bill and Account: In 2006 this proposal was put into the Labor and
Education Appropriations Bill. After some discussion
with Congressional staff it might be better placed in the
Justice Appropriations BilL
Federal Dollars Requested in FY07 from the account listed above: $600,000
0 Is this a multi-year project? Yes
0 Will you be requesting funding in future years? No
Are you seeking FY07 funds through other federal accounts? If yes, please specify account( s).
No.
Previous Federal Appropriations (Please indicate which appropriations bill(s) and year(s) received):
None received, but it was requested in the Labor and Education Appropriations Bill.
Have you pursued federal grant funding? If yes, which Department and program?
No.
Non-federal Contribution (Please identify funding amount and who is contributing):
$2,88 1,962 in matching funds. However, most of these funds are received through state agencies and are
commingled with federal funds. It would take some time to break out the state number but it could be done if
necessary.
Total Cost of Project: $2,881,962 + $600,000 = $3,481,962
Amount for this pro.ject in President's FY07 Bud~et Request: None.
Authorizjn~ Statute (if authm:ized): N/A
Local Contact:
0 Name: Arnie Green
0 Address: 900 E. Main
0 City, State, Zip: Medford, OR 97504
0 Telephone: 541-779-2393 x227
0 Fax: 541-779-3317
0 Email: agreen@community-works.org
DC Contact (if applicable): None.
0 Name:
0 Address:
0 City, State, Zip:
0 Telephone:
0 Fax:
0 Email:
Other Organizations/Community Leaders who have provided letters in support of this project
(please provide letters as PDF attachments or via United States Postal Service):
0 Organization: AsWand Chamber of Commerce
0 Contact: Sandra Slattery, Executive Director
0 Telephone: 541-482-3486
0 Organization: Ashland Community Hospital
0 Contact: Mark Marchetti, Director
0 Telephone: 54 I -482-244 I
0 Organization: Southern Oregon University
0 Contact: Elisabeth Zinser, President
0 Telephone: 541-552-61 I 1
0 Organization: Community Works
0 Contact: Arnie Green, Director
0 Telephone: 541-779-2393 x 227
0 Organization: City of Ashland
0 Contact: John W. Morrison, Mayor
0 Telephone: 541-488-6002
0 Organization: AsWand School District
0 Contact: Juli DiChiro, Superintendent
0 Telephone: 54 I -482-28 I I
0 Organization: Rogue Valley Transit District
0 Contact: Peter Jacobsen
0 Telephone: 54 I -779-5821
* How many jobs will be created by this project? What type of jobs?
16 staff positions at Community Works, On Track, the City of Ashland, Southern
Oregon University, and the Ashland Chamber of Commerce.
Please email the completed form to the appropriate Field Representative
CITY OF
ASHLAND
Council Communication
Discussion of Annual Budget Process and Calendar
Meeting Date: February 6, 2007
Department: Administration ~
Contributing Departments: ~1
Approval: Martha B n
Estimated Time: 30 minute .
Primary Staff Contact:
E-mail:
Secondary Staff Contact:
E-mail:
Martha Bennett
bennettm@ashland.or.us
Lee Tuneberg ~
tuneberl@ashland.or.us
Statement:
Council has been asked to establish new policies and procedures affecting the annual budget process. Included
within the process is the calendar of meetings in that it represents the availability to the public. Some proposed
changes fall outside or are an expansion of the Department of Revenue (DOR) nine-step process established by
Oregon Budget Law and would significantly impact operations and staffing.
This communication is intended to provide Council with information on the City process, how the process fits
within State requirements and possible changes to the guidelines for creating the budget.
Staff Recommendation:
Staff recommends that Council identify the budget calendar that is preferred and what guidelines and assumptions
for budget preparation are acceptable to them.
Background:
PROCESS AND CALENDAR
Oregon Budget Law is found in Chapter 294.305 - 294.565 and it identifies The City of Ashland as a local
government that must prepare a budget on an annual or biennial basis. The City of Ashland complies with State
of Oregon Budget Law, guidelines and requirements with its annual process. The nine steps to follow in preparing
the budget, identified by the State in their circular "Local Budgeting in Oregon, 2001 Edition" are:
Preparing the budget
1. Governing body appoints a budget officer
2. Budget officer prepares proposed budget
Approving the budget
3. Budget officer publishes public notices
4. Budget committee receives the document and budget message and public input
5. Budget committee approves the budget as modified during deliberations and approves (sets) the
property tax rate
Advertising and holding hearings
6. Budget officer publishes approved budget summary and notice of hearing
7. Council holds budget hearing to receive public testimony
Adopting the budget
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8. Governing body adopts approved budget with or with/out limited changes, makes appropriations and
declares/categorizes taxes
9. Budget officer files the budget with the County and the levy is certified.
City also does things that go beyond the minimum requirements of the law. Some examples are:
A. Preliminary meeting(s) to discuss assumptions for budget creation
B. Committee training sessions beyond those provided by DOR
C. Projecting budget implications (revenues, expenses and capital) over a six year period
D. Utilizing a target fund balance approach
E. Incorporating a multiple year capital improvement program
F. Presenting the budget in multiple perspectives: fund, department and program
G. Participating in a national program that critiques the process, document presentation and information
disclosure.
H. Televised meetings for citizen viewing
Steps 1 through 8 must be completed by June 30, Step nine is done by July 15. Each agency does it a little
different within the 1 - 9 step frame work. Smaller agencies may only hold one meeting with the budget
committee and one meeting with the elected board. DOR suggests that the elected board wait until the last
possible moment in June to adopt the budget, setting appropriations, to allow for any last minute changes that
must be made.
In the recent past Ashland has held between 5 and 10 committee meetings at various times of the week. We
have spent approximately 30 hours each year in the budget committee process allowing for presentations, public
input and deliberations. The Ashland budget is complex and you should remember that:
. The "best" information we have to start the budget process is the 6 month financial report which is not
available until late January.
. Updates on Council goals and economic issues may not be available until the process has started.
. Staff is projecting a year and a half when they begin preparing the budget.
. The construction season has not begun at the beginning of the process.
The City has tried many different approaches to the budget and budget process in the last 5 or 6 years.
./ We have held more meetings, less meetings, weekend meetings.
./ We have used a "base year', a "parking lot" for staff items we weren't sure we could add,
additional lists for programs relating to Council Goals and priorities and place holders for items
that have been brought forward from the public.
./ We have raised rates and taxes, lowered property tax rates and other charges, tailored charges
to avoid windfalls, agreed to "hold" on increases in rates awaiting more information during the
proposed year.
./ We have tentatively approved expenditures contingent upon something happening during the
year and then getting "final" Council approval.
The above indicates Ashland's willingness and flexibility to do things different based upon the conditions and
perspectives employed annually. Ashland has not tried a two year budget.
A key element of the public process is availability through public meetings. As mentioned above, the city has tried
many approaches. Difficulty remains with the number of meetings needed for adequate presentation, public input
and deliberation. Attached is a schedule that is all night meetings and one that incorporates two Saturdays.
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Either can be made to work. Your preference can also be shared and amended if necessary at the initial meeting
of the Budget Committee, tentatively scheduled for February 21,2007.
ASSUMPTIONS AND GUIDELINES
Council has been asked to consider new guidelines, assumptions and methods to steer the coming budget(s) and
related processes and staff will attempt to provide you with meaningful input on suggested improvements. Simple
instructions for preparing the budget are best and could range from a "same services with a zero growth budget"
to a traditional approach where increased services and costs not covered by new revenues streams are passed
on to the community through rates and fees. Recent proposals fall somewhere in between but the stipulations get
lost in translation and application.
For comparative purposes, we have attached the Short and Long term assumptions that were used to build the
FY 2006-07 budget.
Staff has experience with submitting to the Budget Committee a balanced budget created using a base budget
from the prior year, adjusted by guidelines and assumptions that were provided. It appears that Council has been
asked to direct staff to prepare a budget that provides the same level of service without adding or deleting staff
nor raising rates or fees. Potentially, anything beyond that would be an "add or subtract" package similar to the
"parking lot" and related justification reports used in prior years. Staff envisions the following categories and
points appropriate for the coming process:
Generally:
. Notion of a base budget is workable. Assumptions about expenditures and revenues should be as
realistic as possible so that impacts of budget decisions are clear.
. Departments need to describe impacts of service changes in terms of levels of service experienced by
citizens
. Departments need to analyze effects of proposed changes in revenue based on the effect on citizens as
well.
. Departments currently prioritize health and safety expenditures (one of the directives of Ballot Measure
47/50), and that direction can be reinforced in the 2007-2008 budget process. In the long term, it will be
more straightforward to implement such instructions if we had outcome-based performance measures.
Revenue Assumptions for 2007-2008
. No increase in tax rates, fees, rates, or charges in "base." Departments CAN include rate increases that
were approved in 2006-2007 budgets, even if they have not been implemented yet.
. Revenue forecast can include any natural growth or decline that we can reasonably expect. For example,
we can assume the 3% growth in assessed value. We can also assume any increase in collections of
transient occupancy tax or food and beverage tax that occurred because sales are up. We can also
assume any increased revenue that came from increased consumption of a utility service. Likewise, we
should also assume any decrease in revenue that we expect. For example, fees paid to community
development are generally down because construction activity is down.
. We can assume for the purpose of the base budget that we will continue to collect the 17.5 cents per
thousand in property tax that is dedicated to the AFN debt, and that amount will continue to be dedicated
to AFN debt repayment. The Budget Committee set this as a one year levy but the amount generated
could be renewed and become a portion of the General Fund's payment as part of the distribution
assumed by Council.
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Base Exoenditure Assumotions for 2007-2008
. No new positions in base budget. Base may include elimination of positions if needed to balance each
fund.
. Departments should use the actual percentage salary increases in the union contracts that affect their
department for salary estimates. Non bargaining salary increases should be budgeted at 4%.
. Departments should use the actual percentages produced by Finance and Human Resources for
increases in benefit costs.
. Professional service line item assumptions need to include detailed descriptions of the number and
estimated amount of each contract and the expected work product from each contract.
. The BASE for capital expenditures needs to be the same or less than included in the CIP (which should
be adopted by the Council on February 20?)
Miscellaneous directions
. Each fund must be balanced including its share of the AFN debt. Therefore, if estimated expenditures in
any fund exceed resources, the department needs to include a list of reductions that were made (to the
general categories) to reach the balanced budget and any potential service implication. An exception
could be capital expenditures financed through approved borrowing where proceeds cannot be 100%
expended by the end of the fiscal year, resulting in added carry over in fund balance that will be expended
the following year(s).
. Established target fund balances will be adhered to where possible and variations from them will be
addressed in the budget message.
. To balance the general fund, general fund and central service fund departments should submit potential
cut packages in the amount of 5%, 10%, 15%, and 20%.
. Enterprise funds do not need to submit cut packages, but must balance budgets without rate or fee
increases.
. Staff will propose other relevant assumptions such as population growth, inflation, industry specific trends
each year as they are developed.
. Long-term budget presentations will be based upon approved assumptions and include estimates of
expenditure levels for ongoing services and capital, contingency use and comparisons of calculated fund
balances to target fund balances.
Requests for Increase
Departments may submit "add packages" as part of the budget process.
. The add package must not only describe the service increase that would be realized but the proposed
funding source. If the add package would require a rate or fee increase, the department will describe the
cost to the "average" citizen in Ashland from the increase
. Department Directors must prioritize their own add packages, and the City Administrator will work with the
Department Head group to prioritize all add packages citywide to ensure the budget committee considers
the highest priority add packages first. Add packages that affect multiple departments will be
consolidated.
Additionally, the budget message and department presentations will address proposed changes in services to be
provided, problems encountered or expected in providing same level of services and balancing revenues and
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expenses into the future. The budget process will begin as soon after the mid year financial information can be
presented and sufficient meetings will be scheduled to provide adequate input from the public, presentations by
staff and deliberation by the Budget Committee.
The Budget Committee will publicly receive and discuss the proposed budget including revenues, expenses, fund
balances, service levels, funding requirements and financial impacts of the operating and capital budget as
delineated in the Oregon Budget Law found in ORS Chapter 294.
Altogether, the above general and specific guidelines and assumptions provide sufficient direction to staff to
prepare the annual budget in an effective manner.
Related City Policies:
City of Ashland Financial Management Policies
Council Options:
Council needs to do two things:
. Identify the budget calendar preferred.
. Accept the assumptions presented, amend them as discussed or request additional information.
Attachments:
FY 2006-2007 Short-term and Long-term assumptions.(for comparative purposes)
Budget Calendars
5
,.,
FY 2006-07
Budget Assumptions - FY 2006-07 only
1. Inflation for Materials & Services will be 3.0% for FY 2006-2007, with the exception of Fuel at
50%.
2. Population growth will be 1.0%.
3. Property tax: The rate will be held to $1.72 City, $2.09 Parks, approximately $3.81 combined.
4. Staff will ensure efficient and effective operations prior to recommending tax level increases.
5. Property assessed valuation growth will be 3% plus new construction of 2%.
6. Union contract provisions will be met and agreements reached for Police and Fire contracts.
7. The budget will address the City Council's strategic plan goals and objectives.
8. The City will pay its contribution rate set by PERS. Additional amounts will be set aside when
possible to offset future increases (Anticipated 40% increase for employer share on July 1,
2007) due to the unfunded liability.
9. Health care premiums will increase 7-9%. New labor contracts will include employee sharing
the cost.
10. User fees will continue to support enterprise operations.
11. System development charges (SDCs) will be updated where applicable.
12. Existing physical assets of the City will be maintained at current levels.
13. The City will comply with Federal and State requirements.
14. Planning fees will fund approximately 75% of division activities.
15. Building permits will fund division activities at 100%.
2007 Budget Assumptions
FY 2006-07
Budget Assumptions - Long-Term (2007 - 2012)
1. Inflation will be 3% starting in 2007.
2. Population growth will be 1.2%.
3. Property tax rate will not exceed $1.70690 City, $2.09 Parks, $3.9747 combined (Total
authorized is $4.29)
4. Property assessed valuation growth will be 3% plus new construction of 2%.
5. Electric Utility Users Tax revenue will increase an average of 2% in addition to applicable rate
increases.
6. Franchise revenues will increase consistent with rates.
a. Natural Gas 2%
b. Telephone 5%
c. Water 2%
d. Wastewater 2%
7. Transient occupancy tax revenue will increase at 5% on average.
8. Food & Beverage Tax revenue will increase at 5% on average.
9. User fees will be adjusted as necessary to support enterprise operations.
10. Planning fees will fund approximately 75% of division activities.
11. Building permits will fund division activities at 100%.
12. Intergovernmental revenues will grow at 5%.
13. Court fees will grow at 2% on average.
14. Ambulance revenues will grow each year per transports but may be limited by federal
restrictions.
15. Fund balance targets will be adhered to over the long-term.
16. The city will comply with Federal and State requirements.
Accepted 2007-2012 Budget Assumptions-LongTerm.doc
Budget Calendar
FY 2007-08
Saturdays - Draft
2/21/07 BUDGET COMMITTEE - Introduction
Council Chambers 7:00pm
3/1,3/5/07 BUDGET SUBCOMMITTEE
Social Service Grant Presentations
Council Chambers 7:00pm
4/5-4/6/07 BUDGET SUBCOMMITTEE
Economic & Cultural Grant Presentations
Council Chambers 7:00pm
4/19/07 FULL BUDGET COMMITTEE MEETING - Budget Message
Capital Improvement Plan
Council Chambers 7:00pm
4/21/07 DEPARTMENTAL BUDGET PRESENTATIONS
Administration, Human Resources, Legal, City Recorder
Administrative Services, (Accounting, Customer Service, Purchasing, and Non Operating), Library
Electric and Conservation,and Information Technology Presentations
Council Chambers 8:00am-5:00pm
4/28/07 DEPARTMENTAL BUDGET PRESENTATIONS
Community Development and CDBG
Parks, Police and Fire Presentations
Public Works Airport, Street, Water, Wastewater, Administration,
Engineering, Cemetery and Equipment.
Council Chambers 8:00am-5:00pm
5/9/07 FULL BUDGET COMMITTEE MEETINGIWRAP-UP/APPROVAL
Public Works Continued if needed, Set Tax Rate, WRAP-UP APPROVAL
Council Chambers 7:00pm
5/17/07 FULL BUDGET COMMITTEE MEETINGIWRAP-UP/APPROVAL
If needed
Council Chambers 7:00pm
6/5/07 PUBLIC HEARING
First Reading of Ordinance
Resolution on appropriations
Resolution to qualify for state subventions
Resolution to receive state revenues
Resolution declaring to receive state revenues
6/19/07 SECOND READING OF ORDINANCE
G:\finance\Administration\Budget\Calendar & Handouts\2007-08\Budget Committee Calendar 2007-08.xlsSaturdays option 1
2/1/2007
Budget Calendar
FY 2007-08
Night Meetings - Draft
2/21/07 BUDGET COMMITTEE - Introduction
Council Chambers 7:00pm
3/1,3/5/07 BUDGET SUBCOMMITTEE
Social Service Grant Presentations
Council Chambers 7:00pm
4/5-4/6/07 BUDGET SUBCOMMITTEE
Economic & Cultural Grant Presentations
Council Chambers 7:00pm
4/19/07 FULL BUDGET COMMITTEE MEETING - Budget Message
Capital Improvement Plan
Council Chambers 7:00pm
4/30/07 DEPARTMENTAL BUDGET PRESENTATIONS
Police, Fire, Parks, Community Development, CDSG Presentations
Council Chambers 7:00pm
5/2107 DEPARTMENTAL BUDGET PRESENTATIONS
Administration, Human Resources, Legal, City Recorder, Admin Services
Council Chambers 7:00pm
5/3/07 DEPARTMENTAL BUDGET PRESENTATIONS
Electric and Conservation Presentations, Information Technology
Council Chambers 7:00pm
5/9/07 DEPARTMENTAL BUDGET PRESENTATIONS
Library
Council Chambers 7:00pm
5/17/07 DEPARTMENTAL BUDGET PRESENTATIONS
Public Works Airport, Street, Water, Wastewater, Administration,
Engineering, Cemetery and Equipment.
Council Chambers 7:00pm
5/21/07 FULL BUDGET COMMITTEE MEETINGIWRAP-UP/APPROVAL
Public Works Continued if needed, Set Tax Rate, WRAP-UP APPROVAL
Council Chambers 7:00pm
5/21/07 FULL BUDGET COMMITTEE MEETINGIWRAP-UP/APPROVAL
If needed
Council Chambers 7:00pm
6/5/07 PUBLIC HEARING
First Reading of Ordinance
Resolution on appropriations
Resolution to qualify for state subventions
Resolution to receive state revenues
Resolution declaring to receive state revenues
6/19/07 SECOND READING OF ORDINANCE
G:\finance\Administration\BudgetICalendar & Handouts\2007-08\Budget Committee Calendar 2007-08.xlsBudget Calendar nights 2/1/2007
CITY OF
ASHLAND
Council Communication
Ashland Fiber Network Five Year Business Plan
Meeting Date: February 6, 2007
Department: Information Technology
Contributing Departments: Finance
Approval: Martha Bennett, City Administrator.
Primary Staff Contact: Joseph Franell
E-mail: franellj@ashland.or.us
Secondary Staff Contact: N/A
Estimated Time: 30 Minutes
Statement: Attached is a five year business plan for the Ashland Fiber Network (AFN).
Background: When the City Council voted in May of 2006 to set the direction for AFN, staff agreed to provide
a business plan prior to the beginning of the next year's budget cycle. This timing allowed for the completion of
the restructure of AFN and a month or two of financial reports to be available as a starting place for projections
while building the business plan. This business plan includes historical views of revenue and expense lines to
provide perspective on financial projections through fiscal year 2012. Also included are; a current financial
summary, a revenue summary by category, revenue summaries for each product line, an expense detail, capital
projections, and a discussion about network refresh and the need for a new Cable Modem Termination System
(CMTS).
It is important to note that financial projections are largely based on the projected growth of AFN's retail partners.
Since AFN generally wholesales its products, the City has limited control over customer growth. Also, since
technology changes at a rapid pace, staff will need to revisit this plan annually to adjust for market changes and
the availability of new products and opportunities.
Related City Policies: N/A
Council Options: 1. Adopt the Business Plan as presented with the expectation that staff will update and
present it to Council for review and adoption on an annual basis.
Or
2. Have staff bring business plan back for adoption at a later date.
Potential Motions: I move that Council adopt the Business Plan as presented with the expectation that staff
will update and present it to Council for review and adoption on an annual basis.
Attachments: AFN Business Plan
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The Ashland Fiber Network
Five Year Business Plan
Presented: February 2007
COMMUNITY BROADBAND
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Contents
PAGE 1
PAGE 2
PAGE 3
PAGE 4
PAGE 5
PAGE 6
PAGE 7
PAGE 8
PAGE 9
PAGE 10
PAGE 11
PAGE 12
PAGE 13
PAGE 14
PAGE 15
PAGE 16
COVER LETTER
TABLE OF CONTENTS
A MESSAGE FROM THE DIRECTOR
BOTTOM LINE UP FRONT
WHERE WE CAME FROM
WHERE WE CAME FROM (CONTINUED)
CURRENT FINANCIAL SUMMARY
FIVE YEAR FORECAST
REVENUE SUMMARY BY CATEGORY
REVENUE SUMMARY FOR VOIP (TELEPHONE) & AFN INTERNET
REVENUE SUMMARY FOR WIRELESS INTERNET & HIGH SPEED DATA
REVENUE SUMMARY FOR WHOLESALE INTERNET & CABLE TELEVISION
EXPENSE DETAIL
CAPITAL
NETWORK REFRESH AND A NEW CMTS
THE FUTURE
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A Message From
The Director
The past ten months have been an exciting time for the Ashland Fiber Network (AFN). In May,
2006, the City Council voted unanimously to move forward with a plan to remake AFN. Since
that decision was made, the City has begun the construction of a wireless internet network;
leased the CATV video facilities to Ashland Home Net; and has launched a Voice Over Internet
Protocol (VOIP) telephone product in partnership with Rio Communications.
When I presented to the budget committee in 2006, I provided an outline of what the next few
years would look like.
FY 2006/2007
FY 2007/2008
FY 2008/2009
Restructure AFN According to May 1 Council Decision
Regain Network Health
Generate Positive Operational Cash Flow
With the restructuring of AFN well underway, it is time to better quantify the next few years.
AFN Staff, with the assistance of the finance department, have put together a plan that details
revenue, expense, and capital by product line. Since we wholesale most product lines, the City
has limited control of customer growth and the associated revenue. As such, staff has projected
conservative growth based on current run rates; however, these projections are dependent
upon the success of private enterprise. With only a month or two behind us since the spin off of
the cable television product and the launch of telephone, both expense and revenue projections
are somewhat soft. As each month's financials are released, we will receive more accurate
information and as such, a more accurate forecast.
This business plan also includes AFN becoming a retail ISP with the expressed purpose of
gaining additional collective market share. We are not interested in taking customers from our
current ISPs but instead hope to convert current Charter broadband customers, Owest DSL
customers, miscellaneous dial-up customers, and households that do not yet have a
connection.
I am excited with the level of support experienced by the City Council, my fellow City
employees, and the community. I am convinced that support will continue to enable AFN to
grow in financial health and to provide excellence in service to Ashland.
Joseph Franell
Director of Information Technology
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Operational Net
It is important to begin with the "bottom line". Seeing the bottom line up front allows everyone to
have a clear picture of where we project AFN's financials will go over the next five years and
helps prevent getting lost in the numbers before even getting to the "net". As you can see
below, the picture is a good one. The projections represented in this document reflect an
$800,000 positive swing over the nine years covered. FY2008 is an exception in the positive
trend of the enterprise due to the amount of capital needed that year to restore network health.
Operational NET (Including Capital)
$500,000
$0
,',
$400,000
$300,000
$200,000
$100,000
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<<'
i
-$100,000
- "<
-$200,000
", ~ ~ , .
-$300,000
, ,~,~'
,;.''''
, '(
-$400,000
-$500,000
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The Past Three Years
Below is a view of the past three years' financials. While FY 2005/06 was a much better year
financially, the cable television product line still lost $341,442. Spinning off cable TV was the
right decision. Revenue growth slowed down from 2005 to 2006 and cable television
programming costs continued to rise.
FY 2004 FY 2005 FY 2006
Total Personal Services $666,196 $674,108 $787,332
Total Materials and Svcs $1,730,686 $2,034,368 $1,829,570
Total Capital $154,146 $64,311 $160,000
TOTAL EXPENSE $2,551,028 $2,772,787 $2,776,902
Total Internet Revenue $950,645 $1,113,216 $1,248,262
Total Cable Revenue $931,761 $1,140,097 $1,225,884
Total AdvertisinQ Revenue $2,906 $7,347 $1,198
Total High Speed Data
Revenue $268,688 $217,417 $220,034
TOTAL REVENUE $2,154,000 $2,478,077 $2,695,378
Historical Summary
$3,000,000
$2,500,000
$2,000 ,ODD
$1,500,000
$500,000
.. TOTAL
EXPENSE
.. TOTAL
REVENUE
$1,000,000
$0
FY 2004
FY 2005
FY 2006
Note: "Cost of Service" includes Operational and Capital expenses but not Debt Service
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Current Financial
Summary
The year to date, July through December, 2006, financial statement for the Telecommunications
Fund showed that AFN was on track for budgetary expenses and was ahead on revenue. This
is in large part due to fewer losses in CATV subscriber counts and net gains in billable internet
accounts. Additionally, we are under-spending our marketing budget.
In summary, AFN's financial outlook is favorable. Operational losses have been stopped and
customer counts are higher than anticipated immediately following the transition of the CATV
product line. As a result, revenues are higher than were initially projected.
67.42%
53.27%
Year to Date financial Summary
$2,000,000
$1,$00,000
$1,~00,OOO
$1,400,000
$1,200,000
$1,000,000
$$00,000
$~OO,OOO
$400,000
$200,000
$0
Revenue
Expense
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Five Year Forecast
The following table is a summary of revenues, expenditures, and the associated "net" for the
next five fiscal years. This includes all capital expenses for each year. Since the capital outlay
for FY 2007/08 is larger than the following years due to the need to regain network health, the
2007/08 "net" operational cash flow is lower. For subsequent years, we project annual revenue
growth of approximately 5%.
FY 07/08
FY 08/09
FY 09/10
FY 10/11
FY 11/12
Total Annual
Gross
Revenue
$1,680,874
$1,767,553
$1,856,951
$1,956,078
$2,060,917
Total Annual
Gross
Ex ense
$1,640,108
$1,558,036
$1,613,540
$1,597,767
$1,659,369
Total
Annualized
Net
$40,767
$209,516
$243,410
$358,311
$401,548
Revenue/Expense Summary
$2,500,000
$500,000
.. Total Annual
Gross Revenue
$2,000,000
$1 ,500,000
$1 ,000,000
. Total Annual
Gross Expense
$0
FY FY FY FY FY
07108 08109 0911 0 1 0111 11112
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Revenue Summary by
Category
The assumptions made in projecting revenue are as follows:
1. Voice Over Internet Protocol (VOIP) and AFN Internet Service Provider (ISP) revenues
will increase quarter-to-quarter by 5%.
2. Wireless Internet revenue will increase 3% quarter-to-quarter.
3. High Speed Data revenue will increase 2% quarter-to-quarter.
4. Wholesale Internet revenue (revenue from other ISP's) will increase 1 % quarter-to-
quarter.
5. Ashland Home Net will start 1st Quarter FY 2007/08 with 2400 customers averaging
$17.00 per customer per billing month. Cable Television (CATV) revenue will increase
1 % quarter-to-quarter for FY 2007/08 and 3% quarter-to-quarter for each year following.
Monthl
TOTAL TOTAL
Fiscal AFN High Wholesale Monthly Annualized
Year VOIP ISP Wireless Seed Internet CATV Gross Gross
2007/08 $732 $2,586 $1,098 $18,239 $109,601 $7,816 $140,073 $1,680,874
2008/09 $824 $3,143 $1,236 $19,495 $114,051 $8,546 $147,296 $1,767,553
2009/10 $927 $3,821 $1,391 $20,305 $118,682 $9,619 $154,746 $1,856,951
2010/11 $1,044 $4,644 $1,566 $21,425 $123,501 $10,826 $163,006 $1,956,078
2011/12 $1,175 $5,645 $1,762 $22,460 $128,516 $12,185 $171,743 $2,060,917
8
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Revenue Summary for Voice over Internet Protocol
(Telephone)
Low Target High Target
Gross Gross Gross Gross
Monthly Monthly Monthly Annualized
Revenue Revenue Revenue Revenue
FY 2007/08 $366 $732 $1 ,464 $8,786
FY 2008/09 $412 $824 $1,648 $9,888
FY 2009/10 $464 $927 $1,855 $11,129
FY 2010/11 $522 $1,044 $2,088 $12,526
FY2011/12 $587 $1,175 $2,350 $14,098
$2,500
$2,000
$1 ,500
$1 ,000
$500
VOIP (Telephone) Revenue
$0
_Tl;)fg<ell: Gro$'::::
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High Gro::;:::;: Monthly
ReYcn\l<::
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AFN I t
evenue ummary or n erne
Low Target High
Gross Gross Gross Gross
Monthly Monthly Monthly Annualized
Revenue Revenue Revenue Revenue
FY 2007/08 $2,510 $2,586 $2,664 $31,033
FY 2008/09 $2,825 $3,143 $3,492 $37,721
FY 2009/10 $3,180 $3,821 $4,577 $45,850
FY2010/11 $3,579 $4,644 $6,000 $55,731
FY 2011/12 $4,028 $5,645 $7,864 $67,741
$7,000
$6,000
$5,000
$4,000
$3,000
$2,000
$1 ,000
$0
,ASV'iLoVl'CI Fl-ue~- r--.-Jet\~/ol'l<
AFN Internet Revenue
--+-- Low Gro~:::
MOMMy R~Y(:"IJ(:
'-"-"T:::lirg<:t Gro:::;:::;
MoMMy Ro::y<:l'tlJ<:
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Revenue Summary for Wireless Internet
Low Target High
Gross Gross Gross Gross
Monthly Monthly Monthly Annualized
Revenue Revenue Revenue Revenue
FY 2007/08 $822 $1,098 $1,478 $13,178
FY 2008/09 $856 $1 ,236 $1,869 $14,832
FY 2009/10 $890 $1,391 $2,364 $16,694
FY2010/11 $927 $1 ,566 $2,990 $18,789
FY 2011/12 $964 $1,762 $3,782 $21,148
$9,000
$8,000
$7,000
$6,000
$5,000
$4,000
$3,000
$2,000
$1 ,000
$0
AFN Wireless Revenue
.00
~
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Revenue Summa
FY 2007/08
FY 2008/09
FY 2009/10
FY 2010/11
FY2011/12
$9,000
$8,000
$7,000
$6,000
$5,000
$4,000
$3,000
$2,000
$1 ,000
$0
S2
.,
o
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--....- Low Gro=,=,
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Monthly R<:yoCr.uo:::
~
<5
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eed Data
Low
Gross
Monthly
Revenue
$17,358
$17,751
$17,996
$18,324
$18,617
Target
Gross
Monthly
Revenue
$18,239
$19,495
$20,305
$21,425
$22,460
High
Gross
Monthly
Revenue
$18,693
$20,420
$21,781
$23,622
$25,024
Gross
Annualized
Revenue
$218,870
$233,939
$243,662
$257,101
$269,518
.00
~
o
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10
----.- Low Gro::;:::::
Monthl!J' RiCy<::nl,lC
---T:::Jrg<::1: Gro:::::::
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Re
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f
Wh
I t
et
venue ummary or o esa e n ern
Low Target High
Gross Gross Gross Gross
Monthly Monthly Monthly Annualized
Revenue Revenue Revenue Revenue
FY 2007/08 $108,249 $109,601 $109,882 $1,315,213
FY 2008/09 $110,431 $114,051 $116,625 $1,368,616
FY 2009/10 $112,656 $118,682 $123,782 $1,424,187
FY 2010/11 $114,926 $123,501 $131,377 $1,482,014
FY2011/12 $117,242 $128,516 $139,439 $1,542,190
Wholesale Internet Revenue
1oUS,"1
10141.11.
~m.'1I
~1n,'1I
~115,II'
~1Z1,II'
~11S,II'
~111.'1I
101lS,II.
~1I1,II'
--+-- Low Grooo
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-- T~rgot Grooo
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High Grooo
Monthly Royonuo
rv rv rnOO9/10 rv ~010/11 rv ~011/1~
~001/0$ ~OO$/O'
R
s
f
C bl T I
. .on
evenue ummary or a e e eVlsl
Low Target High
Gross Gross Gross Gross
Monthly Monthly Monthly Annualized
Revenue Revenue Revenue Revenue
FY 2007/08 $7,758 $7,816 $7,934 $93,795
FY 2008/09 $8,013 $8,546 $9,245 $102,557
FY 2009/10 $8,339 $9,619 $11,237 $115,429
FY 2010/11 $8,895 $10,826 $13,659 $129,916
FY 2011/12 $9,629 $12,185 $16,603 $146,222
Cable Television Revenue
$13,000
$11,000
$15,000
$13,000
$11,000
$3,000
$1,000
$5,000
----III- Low Gro:::=:::=
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11
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'10 t'-10Y,::vl !v1ocwvtC'"", Ave.. 4;V:LCl"vc\. oyeSrvc '1,7:0::20
Expense Detail
The below spreadsheet provides more detail of expense history and projections. Following City
practice, we applied an annual 7% increase to Personal Services to make sure that increases in
health insurance and other benefits were covered. We applied an annual 3% increase to
Materials and Services to account for inflation in these areas as well. Capital expenses are
based on actual projections for Capital purchases and planned replacement. More specifics for
Capital follow on the next page.
FY 2004 FY 2005 FY 2006 FY 2007
Historical Historical Historical Proiected FY 2008 FY 2009 FY 2010 FY 2011 FY 2012
Personal
Services
Salaries &
Waaes $457,270 $476,739 $537,930 $399,245 $355,479 $354,766 $384,828 $417 ,224 $439,806
Fringe
Benefits $208,926 $197,369 $249,402 $237,719 $177,072 $198,499 $215,209 $207,092 $236,819
Total
Personal
Services $666,196 $674,108 $787,332 $636,964 $532,551 $553,265 $600,038 $624,316 $676,625
Materials
Services
Supplies $253,533 $263,998 $133,659 $307,696 $321,252 $327,735 $329,718 $339,610 $341,714
Rental,
Repair,
Maintnce $128,887 $95,372 $109,896 $116,974 $71,023 $73,202 $73,543 $75,802 $76,168
Comma $31,478 $15,017 $6,252 $12,009 $5,126 $5,280 $5,280 $5,438 $5,438
Contract
Services $196,033 $410,368 $126,302 $44,663 $52,991 $62,009 $63,366 $65,267 $66,707
Misc.
Charges &
Fees $379,833 $417,571 $539,687 $380,138 $277 ,462 $272.617 $275,506 $283,907 $286,983
Other
Purchase
d Services $740,922 $832,042 $913,774 $216,032 $58,703 $69,653 $71,814 $74,151 $76,459
Total
Materials
and Svcs $1,730,686 $2,034,368 $1,829,570 $1,077,511 $786,556 $810,497 $819,228 $844,176 $853,469
Capital
Eauipmnt $0 $0 $120,000 $70,000 $201,000 $134,275 $134,275 $44,275 $44,275
Imprvmnts
orr Bldgs $154,146 $64,311 $40,000 $0 $120,000 $60,000 $60,000 $85,000 $85,000
Total
Capital $154,146 $64,311 $160,000 $70,000 $321,000 $194,275 $194,275 $129,275 $129,275
TOTAL $2,551,028 $2,772,787 $2,776,902 $1,784,475 $1,640,108 $1,558,036 $1,613,540 $1,597,767 $1,659,369
12
.A;~ILC!VI-,ct FL-tJef ~.jet\"/oH~
'10 !'-iOY'::V1 !v10lH"vt&1lVc A'Je.. AsVil&1V'u0\. OYt<?ov, 07-52.0
Capital
The Capital projections listed in the table below are the same as included in the City's Capital
Improvement Plan. Unlike in years past, we are accounting for depreciation and planned
replacement of equipment and network components by setting aside a percentage of the value
of an item each year in advance. For example, next year, we will replace the Cable Modem
Termination System (CMTS). Each year following, we set aside 20% of the value of a new
CMTS based on a projected five year life span. This results in the City not having to have
spikes in the Capital expense projections for AFN after next year.
Put
Reroute Fiber
Wireless Fields Maps in Network
Buildout CMTS Routers Project GIS Refresh
2007/08 $15,000 $125,000 $20,000 $40,000 $20,000 $10,000
2008/09 $0 $25,000 $4,000 $0 $0 $10,000
2009/10 $0 $25,000 $4,000 $0 $0 $10,000
2010/11 $0 $25,000 $4,000 $0 $0 $10,000
2011/12 $0 $25,000 $4,000 $0 $0 $10,000
2012/13 $0 $25,000 $4,000 $0 $0 $10,000
2013/14 $0 $25,000 $4,000 $0 $0 $10,000
Under
ground
WiMax FTTP Machine TOR OTDR Locator TOTAL
2007/08 $0 $50,000 $23,000 $2,000 $11,000 $5,000 $230,000
2008/09 $100,000 $50,000 $2,300 $400 $1,575 $1,000 $39,000
2009/10 $100,000 $50,000 $2,300 $400 $1,575 $1,000 $39,000
2010/11 $10,000 $75,000 $2,300 $400 $1,575 $1,000 $39,000
2011/12 $10,000 $75,000 $2,300 $400 $1,575 $1,000 $39,000
2012/13 $10,000 $75,000 $2,300 $400 $1,575 $1,000 $39,000
2013/14 $10,000 $75,000 $2,300 $400 $1,575 $1,000 $39,000
13
.4SVlLoVlct Flcek- t'Jet'.'-/OrK:.
00 t'--J0 Y':Vl /V1CV_f.~tcnV'" L\ve., A:;VllClV'~)" oyegrV'c ')7"5::::0
Network Refresh
and a New CMTS
As stated during the May 1, 2006 City Council meeting and during the IT Departmental budget
briefing, there has been no planned replacement of key network components to date. As a
result, some of those components are past "end-of-life" and must be replaced immediately. The
most pressing need is the replacement of the Cable Modem Termination System (CMTS). It is
a system of devices located in the cable head-end that allows AFN to offer high-speed Internet
access to home computers. The CMTS sends and receives digital cable modem signals on our
cable network, receiving signals sent upstream from a user's cable modem, converting the
signals into IP packets and routing the signals to one of our Internet Service Providers for
connection to the Internet. The CMTS also can send signals downstream to the user's cable
modem. Cable modems cannot communicate directly with each other; they must communicate
by channeling their signals through the CMTS.
The new CMTS will allow AFN to provide the next level of internet service with significantly
faster speeds and better quality of service.
In addition to the replacement of the CMTS, the AFN staff will do planned maintenance on and
replacement of other key network components to include; optical nodes, power supplies and
batteries, and other active devices in the outside plant.
14
AS0,lc! l!\.,() fLbe~c t'-~et'."/o( ,<
'10 f--!ntVl HOl,u'"tC:H-V\. ""'v'e,, ""shWvv(\, oye~cV'c 07'5:20
The Future
With our recent restructuring of AFN so fresh in our minds, talking about the future is critical.
Since AFN has technology centric services and the one constant in technology is that it keeps
changing, the AFN team must constantly look to and plan for the future in order to ensure the
community continues to enjoy the benefits of state of the art telecommunications products and
services.
While the future of technology is rarely crystal clear, we can make educated projections of future
needs and what products will best fill those needs. This business plan allows for the continued
build-out of the wireless internet product we currently have deployed in parts of the city. It also
includes a planned migration to a WiMax solution that is the next generation of wireless internet.
We've included continued fiber to the premise installations for those with high-bandwidth
application requirements and the plan includes the purchase and installation of a new CMTS.
There are other, new technologies that are just now beginning to be seen in the market that we
will watch to see if they provide warranted benefit to Ashland. We will update the capital plan as
appropriate to make sure that the investment in the Ashland Fiber Network stays meaningful
well into the future. Finally, we will continue to fine tune this plan as we get better run rates and
are able to more accurately trend both expenses and revenues.
15
ASv1lCiV\,ci fdJev Neb/c'Yi;O
()() ~i0\''tvl 1'v'\.cV~~~vtt?L.vt. 4'Je., .AsViLlifv\.-,ct C)V-::.00V" 0-:J-:520
.. ,
Uv'lsd. ~/hlo7
The Ashland Fiber Network
Five Year Business Plan
Presented: February 2007
COMMUNITY BROADBAND
Ashlll,,-cl hbev NetwDvR
00 Novth .lv\w,,-tll,vt Ave., ASVlL,Mcl, ovego,,-Cfi'520
Contents
PAGE 1 COVER LETTER
PAGE 2 TABLE OF CONTENTS
PAGE 3 A MESSAGE FROM THE DIRECTOR
PAGE 4 OPERATIONAL NET
PAGE 5 THE PAST THREE YEARS
PAGE 6 CURRENT FINANCIAL SUMMARY
PAGE 7 FIVE YEAR FORECAST
PAGE 8 REVENUE SUMMARY BY CATEGORY
PAGE 9 REVENUE SUMMARY FOR VOIP (TELEPHONE) & AFN INTERNET
PAGE 10 REVENUE SUMMARY FOR WIRELESS INTERNET & HIGH SPEED DATA
PAGE 11_REVENUE SUMMARY FOR WHOLESALE INTERNET & CABLE TELEVISION
PAGE 12 EXPENSE DETAIL
PAGE 13 CAPITAL
PAGE 14 NETWORK REFRESH AND A NEW CMTS
PAGE 15 THE FUTURE
2
ASVllClV\,c\ FdJev NetwovR
{10 NovtVll'vlo,'-V\,t!1wv Ave" AsVil!1V\,cC ove~jov\' ~T520
.. r
A Message From
The Director
The past ten months have been an exciting time for the Ashland Fiber Network (AFN). In May,
2006, the City Council voted unanimously to move forward with a plan to remake AFN. Since
that decision was made, the City has begun the construction of a wireless internet network;
leased the CATV video facilities to Ashland Home Net; and has launched a Voice Over Internet
Protocol (VOIP) telephone product in partnership with Rio Communications.
When I presented to the budget committee in 2006, I provided an outline of what the next few
years would look like.
FY 2006/2007
FY 2007/2008
FY 2008/2009
Restructure AFN According to May 1 Council Decision
Regain Network Health
Generate Positive Operational Cash Flow
With the restructuring of AFN well underway, it is time to better quantify the next few years.
AFN Staff, with the assistance of the finance department, have put together a plan that details
revenue, expense, and capital by product line. Since we wholesale most product lines, the City
has limited control of customer growth and the associated revenue. As such, staff has projected
conservative growth based on current run rates; however, these projections are dependent
upon the success of private enterprise. With only a month or two behind us since the spin off of
the cable television product and the launch of telephone, both expense and revenue projections
are somewhat soft. As each month's financials are released, we will receive more accurate
information and as such, a more accurate forecast.
This business plan also includes AFN becoming a retaillSP with the expressed purpose of
gaining additional collective market share. We are not interested in taking customers from our
current ISPs but instead hope to convert current Charter broadband customers, Qwest DSL
customers, miscellaneous dial-up customers, and households that do not yet have a
connection.
I am excited with the level of support experienced by the City Council, my fellow City
employees, and the community. I am convinced that support will continue to enable AFN to
grow in financial health and to provide excellence in service to Ashland.
Joseph Franell
Director of Information Technology
3
As~LClvcci Feller Netwod;:
')0 Novt~ IV\OL{vctClwv Ave., As~LClvcct oregovc '):1520
Operational Net
It is important to begin with the "bottom line". Seeing the bottom line up front allows everyone to
have a clear picture of where we project AFN's financials will go over the next five years and
helps prevent getting lost in the numbers before even getting to the "net". As you can see
below, the picture is a good one. The projections represented in this document reflect an
$800,000 positive swing over the nine years covered. FY2008 is an exception in the positive
trend of the enterprise due to the amount of capital needed that year to restore network health.
Operational NET (Including Capital)
$500,000
$0
$400,000
$300,000
$200,000
$100,000
-$100,000
-$200,000
-$300,000
-$400,000
-$500,000
4
AsVilClV\-vI hbev NetwovR
')0 NovtVi IV\N{V\-tCl~V\- Ave., AsVilClV\-vl. ove~joV\- ')7520
The Past Three Years
Below is a view of the past three years' financials. While FY 2005/06 was a much better year
financially, the cable television product line still lost $261,201. Spinning off cable TV was the
right decision. Revenue growth slowed down from 2005 to 2006 and cable television
programming costs continued to rise.
Expense bv CateQorv FY 2004 FY 2005 FY 2006
Total Personal Services $666,196 $674,108 $653,753
Total Materials and Svcs $1,730,686 $2,034,368 $1,792,268
Total Capital $154,146 $64,311 $79,132
TOTAL EXPENSE $2,551,028 $2,772 787 $2,525,153
Expense bv Product Line
Total Internet Expense $735,991 $659,891 $612,122
Total Cable Expense $1,480,928 $1,820,145 $1,487,085
Total AdvertisinQ Expense $143,195 $83,617 $92,650
Total Hioh Speed Data Expense $190,914 $209,134 $202,332
TOTAL EXPENSE $2,551,028 $2,772,787 $2,394,189
Revenue
Total Internet Revenue $950,645 $1,113,216 $1,248,262
Total Cable Revenue $931,761 $1,140,097 $1,225,884
Total Advertisino Revenue $2,906 $7,347 $1,198
Total High Speed Data
Revenue $268,688 $217,417 $220,034
TOTAL REVENUE $2,154,000 $2,478,077 $2,695,378
TOTAL EXPENSE
TOTAL REVENUE
FY 2004 FY 2005 FY 2006
$2,551,028 $2,772,787 $2,525,153
$2,154,000 $2 478,077 $2 695,378
Historical Summary
$3,000,000
$2,500,000
$2,000,000
$1 ,500,000
$1,000,000
$500,000
$0
Ell TOTAL
EXPENSE
. TOTAL
REVENUE
FY 2004
FY 2005
FY 2006
Note: "Cost of Service" includes Operational and Capital expenses but not Debt Service or
Franchise Fees/Miscellaneous Taxes.
5
Asf1Li:l,^,cl F"bey Net'NOYR
')0 No~f1 MOIA,^,ti:l",^, Ave.. AshLi:l,^,cl. Orego,^, ')7'-5:20
Current Financial
Summary
The year to date, July through December, 2006, financial statement for the Telecommunications
Fund showed that AFN was on track for budgetary expenses and was ahead on revenue. This
is in large part due to fewer losses in CATV subscriber counts and net gains in billable internet
accounts. Additionally, we are under-spending our marketing budget.
In summary, AFN's financial outlook is favorable. Operational losses have been stopped and
customer counts are higher than anticipated immediately following the transition of the CATV
product line. As a result, revenues are higher than were initially projected.
Year to Date Financial Summary
$2,000,000
$1.$00,000
$I,~OO,OOO
$MOO,OOO
$1,200,000
$1,000,000
$$00,000
$~OO.OOO
$400,000
$200,000
$0
Revenue
Expense
6
AshLClvccl FolJer NetworR
90 North MouvctClcvc Ave., AshLClvcct Oregovc jJ-5:20
Five Year Forecast
The following table is a summary of revenues, expenditures, and the associated "net" for the
next five fiscal years. This includes all capital expenses for each year. Since the capital outlay
for FY 2007/08 is larger than the following years due to the need to regain network health. the
2007/08 "net" operational cash flow is lower. For subsequent years, we project annual revenue
growth of approximately 5%.
FY 07/08
FY 08/09
FY 09/10
FY 10/11
FY 11/12
Total Annual
Gross
Revenue
$1,680,874
$1,767,553
$1,856,951
$1,956,078
$2,060,917
Total Annual
Gross
Ex ense
$1,640,108
$1,558,036
$1,613,540
$1,597,767
$1,659,369
Total
Annualized
Net
$40,767
$209,516
$243,410
$358,311
$401,548
Revenue/Expense Summary
$2,500,000
$500,000
lID Total Annual
Gross Revenue
$2,000,000
$1 ,500,000
$1 ,000,000
. Total Annual
Gross Expense
$0
FY FY FY FY FY
07108 08109 09t1 0 1 0t11 11 t12
7
AshLClV\-c;l FdJev Net'NOVR
')0 Novth MNmtClcV\- Ave" AshLClV\-cl, ovegoV\- .'X1-520
Revenue Summary by
Category
The assumptions made in projecting revenue are as follows:
1. Voice Over Internet Protocol (VOIP) and AFN Internet Service Provider (ISP) revenues
will increase quarter-to-quarter by 5%.
2. Wireless Internet revenue will increase 3% quarter-to-quarter.
3. High Speed Data revenue will increase 2% quarter-to-quarter.
4. Wholesale Internet revenue (revenue from other ISP's) will increase 1 % quarter-to-
quarter.
5. Ashland Home Net will start 1st Quarter FY 2007/08 with 2400 customers averaging
$17.00 per customer per billing month. Cable Television (CATV) revenue will increase
1 % quarter-to-quarter for FY 2007/08 and 3% quarter-to-quarter for each year following.
Monthl
TOTAL TOTAL
Fiscal AFN High Wholesale Monthly Annualized
Year VOIP ISP Wireless Seed Internet CATV Gross Gross
2007/08 $732 $2,586 $1,098 $18,239 $109,601 $7,816 $140,073 $1,680,874
2008/09 $824 $3,143 $1 ,236 $19,495 $114,051 $8,546 $147,296 $1,767,553
2009/10 $927 $3,821 $1,391 $20,305 $118,682 $9,619 $154,746 $1,856,951
2010/11 $1,044 $4 644 $1 566 $21,425 $123,501 $10,826 $163,006 $1,956,078
2011/12 $1,175 $5 645 $1,762 $22,460 $128,516 $12,185 $171,743 $2,060,917
8
AshLCl"'-oI FeGey NetwDYR
CjO North /'v\Ol<",-tCl,"'- Ave.. AshLCl ",-01. oye~,o"'-')T5:::Z0
Revenue Summary for Voice over Internet Protocol
(Telephone)
Low Target High Target
Gross Gross Gross Gross
Monthly Monthly Monthly Annualized
Revenue Revenue Revenue Revenue
FY 2007/08 $366 $732 $1,464 $8,786
FY 2008/09 $412 $824 $1,648 $9,888
FY 2009/10 $464 $927 $1,855 $11,129
FY 2010/11 $522 $1,044 $2,088 $12,526
FY 2011/12 $587 $1,175 $2,350 $14,098
VOIP (Telephone) Revenue
$2,500
$1 ,000
-.- Low Grot:'''' Mohlt:"'!.'
Rc:venuc:
-----T~r9<1t Gro::::::
Monthly RO:::YoCnqoe:
-~ High Gr.o:::::: Mol'ttMy
R.e:ve...u.e:
$2,000
$1 ,500
$500
$0
~
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~
~
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~
t
III
~
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f
AFN I t
t
evenue ummary or n erne
Low Target High
Gross Gross Gross Gross
Monthly Monthly Monthly Annualized
Revenue Revenue Revenue Revenue
FY 2007/08 $2,510 $2,586 $2,664 $31,033
FY 2008/09 $2,825 $3,143 $3,492 $37,721
FY 2009/10 $3,180 $3,821 $4,577 $45,850
FY 2010/11 $3,579 $4,644 $6,000 $55,731
FY 2011/12 $4,028 $5,645 $7,864 $67,741
AFN Internet Revenue
$7,000
$6,000
$5,000
$4,000
$3,000
$2,000
$1 ,000
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Ashlil,^,iil FlUer NetwDrR.
")0 North IV\Nmtil,vc Ave" Ashlilvciil, Oregovc 'r7<S20
evenue ummar ~ or Ire ess n erne
Low Target High
Gross Gross Gross Gross
Monthly Monthly Monthly Annualized
Revenue Revenue Revenue Revenue
FY 2007/08 $822 $1,098 $1,478 $13,178
FY 2008/09 $856 $1,236 $1,869 $14,832
FY 2009/10 $890 $1,391 $2,364 $16,694
FY 2010/11 $927 $1,566 $2,990 $18,789
FY2011/12 $964 $1,762 $3,782 $21,148
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Low Target High
Gross Gross Gross Gross
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Revenue Revenue Revenue Revenue
FY 2007/08 $17,358 $18,239 $18,693 $218,870
FY 2008/09 $17751 $19,495 $20,420 $233,939
FY 2009/10 $17,996 $20,305 $21,781 $243,662
FY 2010/11 $18,324 $21 ,425 $23,622 $257,101
FY 2011/12 $18,617 $22,460 $25,024 $269,518
AFN High Speed Data Revenue
$9,000
$8,000
$7,000
$6,000
$5,000
$4,000
$3,000
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$1 ,000
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10
Asv,lClvccl FdJeY' NetwOY'R
~o i'jrY'tv, IV\wvctCl,vc Ave., Asv,lClvcCC oY'ecpvc ~T520
Re
venue ummar V or o esa e n ern
Low Target High
Gross Gross Gross Gross
Monthly Monthly Monthly Annualized
Revenue Revenue Revenue Revenue
FY 2007/08 $108,249 $109,601 $109,882 $1,315,213
FY 2008/09 $110,431 $114,051 $116,625 $1,368,616
FY 2009/10 $112,656 $118,682 $123,782 $1,424,187
FY 2010/11 $114,926 $123,501 $131,377 $1,482,014
FY 2011/12 $117,242 $128,516 $139,439 $1,542,190
5
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Revenue Revenue Revenue Revenue
FY 2007/08 $7,758 $7,816 $7,934 $93,795
FY 2008/09 $8,013 $8,546 $9,245 $102,557
FY 2009/10 $8,339 $9,619 $11,237 $115,429
FY 2010/11 $8,895 $10,826 $13,659 $129,916
FY 2011/12 $9,629 $12,185 $16,603 $146,222
Cable Television Revenue
$l~,OOO
$17,000
$15,000
$13,000
$11,000
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$1,000
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11
AshLrvoDi Fdlev NetwoY'R.
~O North MOlAvotr,vo Ave" AshLrvoDi. oY'egovo j7520
Expense Detail
The below spreadsheet provides more detail of expense history and projections. Following City
practice, we applied an annual 7% increase to Personal Services to make sure that increases in
health insurance and other benefits were covered. We applied an annual 3% increase to
Materials and Services to account for inflation in these areas as well. Capital expenses are
based on actual projections for Capital purchases and planned replacement. More specifics for
Capital follow on the next page.
Exoense
I FY 2004 FY 2005 FY 2006 FY 2007
Historical Historical Historical Proiected FY 2008 FY 2009 FY 2010 FY 2011 FY 2012
Personal Services
Salaries and Waoes $457,270 $476,739 $466,858 $399,245 $363,026 $354,766 $384,828 $426,469 $439,806
F rinoe Benefits $208 926 $197369 $186895 $237719 $169525 $198499 $215209 $197847 $236819
Total Personal Services $666,196 $674108 $653 753 $636,964 $532,551 $553,265 $600 038 $624316 $676 625
Materials and Services
SUDDlies $253,533 $263,998 $147,779 $307,696 $321,252 $327,735 $329,718 $339,610 $341,714
Rental, Repair,
Maintenance $128,887 $95,372 $111284 $116,974 $71,023 $73,202 $73,543 $75,802 $76,168
Communications $31,478 $15,017 $11,941 $12,009 $5,126 $5,280 $5,280 $5,438 $5,438
Conlraclural Services $196033 $410368 $179500 $44 663 $52,991 $62 009 $63,366 $65 267 $66 707
Misc. Charoes and Fees $379 833 $417571 $521 734 $380 138 $277 462 $272 617 $275 506 $283,907 $286 983
Other Purchased Services $740,922 $832 042 $820,030 $216,032 $58,703 $69,653 $71,814 $74,151 $76 459
Total Materials and Svcs $1,730,686 $2,034,368 $1 792,268 $1,077,511 $786,556 $810,497 $819,228 $844,176 $853,469
Canital I
Enuinment $0 $0 $3,910 $70 000 $201 000 $134275 $134,275 $44 275 $44 275
Improvements Other Than
Bldos $154,146 $64311 $75 222 $0 $120000 $60 000 $60 000 $85 000 $85,000
Total Canital $154146 $64,311 $79,132 $70.000 $321.000 $194,275 $194.275 $129275 $129 275
TOTAL I $2,551 028 $2 772,787 $2525.153 $1,784.475 $1,640.108 $1 558.036 $1,613,540 $1 597 767 $1 659369
Revenue
Total Internet Revenue $950,645 $1,113,216 $1,248,262 $1,289,289 $1,368,210 $1,431,057 $1,497,860 $1,569,061 $1,645,177
Total Cable Revenue $931,761 $1,140,097 $1,225,884 $415,171 $93,795 $102,557 $115,429 $129,916 $146,222
Total Advertising
Revenue $2,906 $7,347 $1,198 $9,604 $0 $0 $0 $0 $0
Total High Speed
Revenue $268 688 $217,417 $220 034 $203,168 $218,870 $233,939 $243,662 $257 101 $269,518
TOTAL $2,154,000 $2 478 077 $2,695,378 $1 917 232 $1 680874 $1,767,553 $1 856 951 $1,956,078 $2 060,917
.$230 399
.$294 710
$249 357
$170 225
$202,757
$132,757
$530,823
$401,548
$380 000
$368 996
12
Asv,lClV\,iil Follev Netw0vR
0;0 Novtv, MN{V\,tCllV~ Ave.. Asv,lClV\,iil. ovegov\' ")75:20
Capital
The Capital projections listed in the table below are the same as included in the City's Capital
Improvement Plan. Unlike in years past, we are accounting for depreciation and planned
replacement of equipment and network components by setting aside a percentage of the value
of an item each year in advance. For example, next year, we will replace the Cable Modem
Termination System (CMTS). Each year following, we set aside 20% of the value of a new
CMTS based on a projected five year life span. This results in the City not having to have
spikes in the Capital expense projections for AFN after next year.
Put
Reroute Fiber
Wireless Fields Maps in Network
Buildout CMTS Routers Proiect GIS Refresh
2007/08 $15,000 $125,000 $20,000 $40,000 $20,000 $10,000
2008/09 $0 $25,000 $4,000 $0 $0 $10,000
2009/10 $0 $25,000 $4,000 $0 $0 $10,000
2010/11 $0 $25,000 $4,000 $0 $0 $10,000
2011/12 $0 $25,000 $4,000 $0 $0 $10,000
2012/13 $0 $25,000 $4,000 $0 $0 $10,000
2013/14 I $0 $25,000 $4,000 $0 $0 $10,000
Under
ground
WiMax FTTP Machine TOR OTOR Locator TOTAL
2007/08 $0 $50,000 $23,000 $2,000 $11,000 $5,000 $321,000
2008/09 $100000 $50,000 $2 300 $400 $1,575 $1,000 $194275
2009/10 $100,000 $50 000 $2,300 $400 $1,575 $1,000 $194,275
2010/11 $10,000 $75,000 $2,300 $400 $1,575 $1,000 $129,275
2011/12 $10,000 $75,000 $2,300 $400 $1,575 $1,000 $129,275
2012/13 $10,000 $75,000 $2,300 $400 $1,575 $1,000 $129,275
2013/14 $10000 $75,000 $2,300 $400 $1,575 $1,000 $129,275
13
AshLOIlI\-Dl FolleY' NetwoY'1Z
')0 North Iv\Ol)_lI\-tCfcll\- Ave" AshLCfll\-Dl, oY'e~lOlI\- ")7520
-- r
Network Refresh
and a New CMTS
As stated during the May 1, 2006 City Council meeting and during the IT Departmental budget
briefing, there has been no planned replacement of key network components to date. As a
result, some of those components are past "end-of-life" and must be replaced immediately. The
most pressing need is the replacement of the Cable Modem Termination System (CMTS). It is
a system of devices located in the cable head-end that allows AFN to offer high-speed Internet
access to home computers. The CMTS sends and receives digital cable modem signals on our
cable network, receiving signals sent upstream from a user's cable modem, converting the
signals into IP packets and routing the signals to one of our Internet Service Providers for
connection- to the Internet. The CMTS also can send signals downstream to the user's cable
modem. Cable modems cannot communicate directly with each other; they must communicate
by channeling their signals through the CMTS.
The new CMTS will allow AFN to provide the next level of internet service with significantly
faster speeds and better quality of service.
In addition to the replacement of the CMTS, the AFN staff will do planned maintenance on and
replacement of other key network components to include; optical nodes, power supplies and
batteries, and other active devices in the outside plant.
14
AsVilClV\,cl FdJev NehvovR
')0 NortVi l'v\oL,mtClcv\' Ave., AsViLClV\,ci, ovegoV\, ')7520
The Future
With our recent restructuring of AFN so fresh in our minds, talking about the future is critical.
Since AFN has technology centric services and the one constant in technology is that it keeps
changing, the AFN team must constantly look to and plan for the future in order to ensure the
community continues to enjoy the benefits of state of the art telecommunications products and
services.
While the future of technology is rarely crystal clear, we can make educated projections of future
needs and what products will best fill those needs. This business plan allows for the continued
build-out of the wireless internet product we currently have deployed in parts of the city. It also
includes a planned migration to a WiMax solution that is the next generation of wireless internet.
We've included continued fiber to the premise installations for those with high-bandwidth
application requirements and the plan includes the purchase and installation of a new CMTS.
There are other, new technologies that are just now beginning to be seen in the market that we
will watch to see if they provide warranted benefit to Ashland. We will update the capital plan as
appropriate to make sure that the investment in the Ashland Fiber Network stays meaningful
well into the future. Finally, we will continue to fine tune this plan as we get better run rates and
are able to more accurately trend both expenses and revenues.
15
AshLClII'vc;j Foller Net'lJOrR
')0 North MOL{lI'vtClolI'v AI/t., AshLClII'vc;j, orego"- 3}-5:20
DOCUMENTS SUBMITTED AT THE
FEBRUARY 6, 2007
REGULAR COUNCIL MEETING
February 6, 2007
Kathy Ettinger
1584 Jasmine Ave.
Medford, Or. 97501
To the Mayor of Ashland, City Council Members, City Recorder, and City Administrator,
I was unable to attend the January 16 council meeting due to bad road conditions. On January 22 I hand
delivered the Cornell Tethering Study to the City Recorder's Office. I hope you have taken the time to read
through this material. Basically this study compares the tethering with penning of a dog and fmds no real
difference in the two. If you feel there is a real need to have rules to tether animals in your community, I
can give you an example of a fair tether bill that has worked for residents in Monroe County Florida.
(1) Require the chain or tether shall not weigh more than 1/8 of the animal's body weight.
(2)The chain or tether shall be at least (10) ten feet in length with swivels on both ends.
(3)The chain or tether shall be attached to a properly fitted collar or harness worn by the animal.
(4)The animal, while restricted to chain or tether, is able to access shelter with floor, three walls, and
Roof to protect itself from inclement weather, extreme temperature and sunlight, and has access
To sufficient wholesome food and water.
I feel the above Monroe County Florida Bill spells out what is considered proper tethering methods. It will
be easier to enforce than your proposed California Tethering Bill. I strongly oppose the California
Tethering Bill.
Contrary to what Ambuja Rosen stated at your last council meeting, many of the people who were at the
January 2 council meeting who opposed the ordinance were NOT dog breeders but dog fanciers. I might
add that just because a person breeds dogs doesn't mean we do not get emotionally involved with our dogs.
Ambuja also shared her suspicion that the Southern Oregon Breeding Club organized much of the
opposition that was heard by the council. The Southern Oregon Breeding Club does not exist. As stated
above, people attending the January 2 council meeting were dog fanciers coming together to fight dog
legislation that we feel has Animal Rights backing.
I'm sure Ambuja is a member of both PETA (People For The Ethical Treatment Of Animals) and
HSUS (Humane Society Of The United States). These are animal rights organizations. Animal Rights
organizations oppose all traditional relationships, from eating meat, wearing leather, fur and wool to
biomedical research, animal assistance programs, pet therapy, pet ownership, dog and cat breeding, zoos,
aquariums, hunting, trapping, ranching, fishing, and learning about animals by hands-on experience. Their
goals are to eliminate any human contact with animals and if they have their way, there will no longer be
pets in the United States for us or future generations to enjoy. If anyone of you want to fmd out what
PET A is REALLY about please visit the website ~}~}~S'takill~J!nimals.com. And if someone wants to
know what HSUS is all about, here is a quote from Wayne Pacelle, President ofHSUS. "One generation
and out. We have no problem with the extinction of domestic animals. They are creations of human
selective breeding...... We have no ethical obligation to preserve the different breeds oflivestock produced
through selective breeding." Wayne Pacelle, President of HSUS, former director of Funds For Animals,
Animal People, May 1993.
Ambuja also stated on the Council Email List that the Virginia Anti-tether bills would soon be passed
in that state. There were 2 (two) bills (HB2098 & HB2242) in the Virginia Senate. Both were defeated last
week after lawmakers read the Cornell Tethering Study.
Respectfully Submitted,
Kathy Ettinger
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f' Barbara Christ~l1sen:rg~unciLbusinessLOregonLaws rel~ted to-T~-ent9ccupancy>Tax
From:
To:
Date:
Subject:
"Martha Bennett" <bennettm@ashland.or.us>
<council_business@list.ashland.or.us>
2/6/2007 1 :55:28 PM
[CounciLbusiness] Oregon Laws related to Transient Occupancy Tax
Council -- Here are the relevant portions of Oregon statutes that apply
to the transient occupancy tax. We'll have it as a hand out tonight.
Martha
ORS 320.300 Definitions (only the relevant ones)
(7) "Tourism promotion" means any of the following activities:
(a) Advertising, publicizing or distributing information for the
purpose of attracting and welcoming tourists;
(b) Conducting strategic planning and research necessary to
stimulate future tourism development;
(c) Operating tourism promotion agencies; and
(d) Marketing special events and festivals designed to attract
tourists.
(8) "Tourism promotion agency" includes:
(a) An incorporated nonprofit organization or governmental unit
that is responsible for the tourism promotion of a destination on a
year-round basis.
(b) A nonprofit entity that manages tourism-related economic
development plans, programs and projects.
(c) A regional or statewide association that represents entities
that rely on tourism-related business for more than 50 percent of their
total income.
(9) "Tourism-related facility":
(a) Means a conference center, convention center or visitor
information center; and
(b) Means other improved real property that has a useful life of
10 or more years and has a substantial purpose of supporting tourism or
accommodating tourist activities.
(10) "Tourist" means a person who, for business, pleasure,
recreation or participation in events related to the arts, heritage or
culture, travels from the community in which that person is a resident
;':;:;~~..._,_._-,-,.,-;.,.;-,.,-;.,';';c;;;
Page 1-1
~........_.._..._.. . --">............,.......".....,~..~~~......_.........._..... ........%.......................,.....,..~..................~.................~..........=................""....~''''............................."'~....F.~......~ ~...........~"'''~......,,~.......~
t~~rbara .Ch~~'::1~~~..~[c;oun~i!~LJ~i'::1~.~~L9regoD.....~~~.~..E~.I~te~ to...IE.~.'::1.~.i.~nt O~~l!E~Dc~ .ICl~...._... .... ............................=....~.."'~.._EClg~,,?1
to a different community that is separate, distinct from and unrelated
to the person's community of residence, and that trip:
(a) Requires the person to travel more than 50 miles from the
community of residence; or
(b) Includes an overnight stay.
ORS 320.350 Local transient lodging tax moratorium; exceptions; uses of
revenues. (1) A unit of local government that did not impose a local
transient lodging tax on July 1, 2003, may not impose a local transient
lodging tax on or after July 2, 2003, unless the imposition of the local
transient lodging tax was approved on or before July 1, 2003.
(2) A unit of local government that imposed a local transient
lodging tax on July 1, 2003, may not increase the rate of the local
transient lodging tax on or after July 2, 2003, to a rate that is
greater than the rate in effect on July 1, 2003, unless the increase was
approved on or before July 1, 2003.
(3) A unit of local government that imposed a local transient
lodging tax on July 1, 2003, may not decrease the percentage of total
local transient lodging tax revenues that are actually expended to fund
tourism promotion or tourism-related facilities on or after July 2,
2003. A unit of local government that agreed, on or before July 1, 2003,
to increase the percentage of total local transient lodging tax revenues
that are to be expended to fund tourism promotion or tourism-related
facilities, must increase the percentage as agreed.
(4) Notwithstanding subsections (1) and (2) of this section, a
unit of local government that is financing debt with local transient
lodging tax revenues on November 26, 2003, must continue to finance the
debt until the retirement of the debt, including any refinancing of that
debt. If the tax is not otherwise permitted under subsection (1) or (2)
of this section, at the time of the debt retirement:
(a) The local transient lodging tax revenue that financed the
debt shall be used as provided in subsection (5) of this section; or
(b) The unit of local government shall thereafter eliminate the
new tax or increase in tax otherwise described in subsection (1) or (2)
of this section.
(5) Subsections (1) and (2) of this section do not apply to a new
or increased local transient lodging tax if all of the net revenue from
the new or increased tax, following reductions attributed to collection
reimbursement charges, is used consistently with subsection (6) of this
section to:
(a) Fund tourism promotion or tourism-related facilities;
(b) Fund city or county services; or
(c) Finance or refinance the debt of tourism-related facilities
and pay reasonable administrative costs incurred in financing or
refinancing that debt, provided that:
(A) The net revenue may be used for administrative costs only if
the unit of local government provides a collection reimbursement charge;
and
(8) Upon retirement of the debt, the unit of local government
reduces the tax by the amount by which the tax was increased to finance
or refinance the debt.
(6) At least 70 percent of net revenue from a new or increased
local transient lodging tax shall be used for the purposes described in
subsection (5)(a) or (c) of this section. No more than 30 percent of net
revenue from a new or increased local transient lodging tax may be used
for the purpose described in subsection (5)(b) of this section. [2003
c.818~11]
Council_business mailing list
Council_ business@list.ashland.or.us
http://Iist.ashland.or.us/ma i I man/listi nfo/cou ncil_ business
cc:
Richard Appicello <appicelr@ashland.or.us>
micllael dawkins <micllaehdawkins@yahoo.com>
MI. Ashland
February 5, 2007 3:09:06 PM PST
melvw1 @charter.net
For the record, a man named Glen Jackson in the
earty 50's
pulled a young English professor out of sac and set
him up in a public relations business located in the
old Ashland Hotel. That man was my father. In the mid
50's, my family started skiing - at the old Mt Shasta
Ski Area, Tomahawk, and joining the few valley skiing
families at Trail Camp, just down the mountain from
present day MI. Ashland. Dad, being Glen's protege,
pitched the idea of a sid area at MI. Ashland. and
Glen said, .. Make it happen N, He bankrolled most of
my father's efforts for the next three years, to fly
back and forth to Washington to get the permits. to
secure the financing, and all of the general things
that went to starting an area - design, what kind of
lifts. where to get them, lodge, staff, etc. Dad was
the general manager of the mountain those initial
first years of MA"s existence.
In December of 1964 we had the most devastating
flood of my lifetime and talking with old timers
around then, in theirs, After the rain quit, I drove
Dad up to the lodge, to a sight I will never forget.
In the first of many six foot plus gullies, Sid, the
mountain manager, had our ancient and only snocat
stuck for what turned out to be for weeks. Now it was
well known in these early days that I was thick enough
between the ears that neither speed or slope, or
getting lost in these mountains I had explored since
pre grade school made me appreciate ski area
boundaries, or the hike back out on skis. So while
Dad, Sid, Buck & Irene, Leroy & Ron all had a meeting
on what was to be done, it was suggested that I might
go see if the rest of the mountain looked as bad as
what we could see from the parking lot
This was not a fun journey, the gullies were not
some form of later day half pike, they were deep,
irregular with dirt and rock mixed in the snow. I
slowly made my way to where the ski slopes ended and
tree began. It still wasn't fun, but it was at least
skiable.... and this is the point, all of those trees
divert the run off. So for you two councilors who I
have heard second hand " What is the big deal about
seventy aaes of trees? We have a historic pattern of
big snow packs and then the pineapple express
happening in a nine year cyde, and this ill conceived
plan adds more open slopes to the very beginning of
the middle branch.
One of my great discoveries in late grade school
was the trail from the loop road down to where the
East & Middle forks flow into Reeder Reservoir. I run
there three or four times a year, so while Mt.Ashland
is a valley wide resource, that was what it was meant
to be, not just Ashlands" I cannot but help but be
angry as I look out on Reeder in the early Winter at
low water, with sift build up year after year
noticeably more so, that for the reaeational value of
a relatively few how potentially devastating it could
be for all of us that live in Ashland. For better or
worse Mr. Mayor, Councilors, this is your legacy.
Now that's room service! Choose from over 150,000 hotels
in 45,000 destinations on Yahoo! Travel to find your fit
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WRITTEN COMMENT~ Fvi-,,--1l4-10C'N6
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S?'fr.7V l-j;> ;s 6- ,4c L. '.>l,VG-'>.'C> .,...,
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IF YOU WISH TO ADDRESS THE CITY COUNCIL:
1. Please complete this form and return it to the City Recorder.
2. Address the City Council from the table podium microphone.
3. State your name and street address for the official record.
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IF I
February 5,2007
To: The Ashland City Council
From: (i tizens in support of the Ashland International
Folkdancers
Dear Members of the Ashland City Council,
We wish to express our support of the Ashland International
Folkdancers continuing to use the Community Center on Friday
nights.
We understand that there is an agreement between the Ashland City
Council and the Ashland Folkdancers that outlines the purpose of a
"community center, " open to the public, and defines the
conditions
for bumping. We feel this agreement needs to be upheld.
The Folkdancers are an asset to Ashland. They provide a
multicultural experience that draws people from a wide area and
are a
welcoming friendly group. People know where to find an enjoyable
evening of communal activity at an affordable price. We know that
Friday night is dance night. They have been a unique presence at
the
Community Center and reliable tenants for 35 years.
Please renew the existing agreement. It is the community-
minded
thing to do.
Stewart "Sam" Cooper
780 Oak St. Ashland
541-488-9714
cell: 760-505-4609
Judy Austbo
215 Coachman Dr.
Jacksonville 541-899-7285
Bill Ashworth
201 Gresham
Ashland
482-4335
Joyce Gibrick
806 South Mountain
Ashland, OR 97520
Barbara Fox
1918 McKeen Rd
Callahan, CA 96014
530.467.3383
Phil Colvard
779-6619
Joyce B. Epstein
1094 Linda Avenue
Ashland, OR 97520
482-2992
Melody Ashworth
201 Gresham
Ashland, OR 97520
482-4335
Stephen Gagne
155 Westwood Street
Ashland, OR 97520
541/488-3015
Jan Waitt
147 Manzanita
Ashland, OR 97520
482-8249
Lisa Champlin
591 Fairview St. Apt. B
Ashland Phone:482-5012
John Austbo
215 coachman dr
Jacksonville 541-899-7285
Donna Breedlove.
Medford
Phone is 779-6619
Jasna Pecaric
1172 N. Main
Ashland, OR 97520
Matt Ross
Talent Or.
535 6397
Ron Waitt
147 Manzanita
Ashland, OR 97520
Shara Gardner
Ashland, OR 97520
488-5108
Johnaten Landes
Ashland, OR 97520
890-7039
Lija Appleberrry
Ashland, OR 97520
Kathryn Singh
Medford, Or.
Sanya Brown
B Street
Ashland, OR 97520
Shira Mendes de Lion
Ashland, OR 97520
Wes Cretney
Applegate Or.
846-7582
Milton Bloombaum
1510 Woodland DR.
Ashland, OR 97520
Anna Horrigan
Ashland, OR 97520
Connie Battaile
Ashland, OR 97520
Mary Cretney
Applegate Or.
846-7582
Laurel Bloombaum
1510 Woodland Dr.
Ashland, OR 97520
Catherine Scholz
Ashland, OR 97520
Betty Branch
Medford, or 858-7075
Michele Bashaw
Ashland, OR 97520
512-0155
Angela Austbo
Ashland, OR 97520
326-7104
John Hawksley
Ashland, OR 97520
Venita Varga
Peachy St, Ashland, OR 97520
944-3409
Roma
Ashland, OR 97520
488-3521
Joyce Epstein
Ashland, OR 97520
Vitaly Geyman
1172 N. main
Ashland, OR 97520
Bill Lenhardt
Ashland, OR 97520
Lisa Charlyn
Ashland, OR 97520
482-5012
Sandra Archibald
Ashland, OR 97520
Janice Glaze
Jacksonville Or.
773-4707
Olof Sodderback
Talent, Or. 535-5361
Steve Berman
Ashland, OR 97520
Gaelyn Larrick
Sheridan, Ashland, OR 97520
Wyn Peterson
Jacksonville or.
261-6259
Bram Larrick
Ashland, OR 97520
482-6020
Carol Albert
Ashland, OR 97520
m/10 39l;/d
8NI 3l\1^^&l38
Brent Thompson
Ashland, OR 97520
488-0407
999E-9Z:6-l:lES
Ep:pl L0SZ:/90/Z:0
February 6, 2007
Dear Mayor and Council members:
My name is Barbara Rooney and I live in Medford. I have been a member of the American
Whippet Club for over 30 years and am also a representative of the Whippet Rescue and
Placement, a 501K organization, which is now called W.R.A.P. I am also approved by Jackson
Co. Animal Control and called whenever they take in a Whippet. Thankfully, and to the credit of
other club members, there have been only 3 in the last 12 years. I am also a member, and past
officer, of the local kennel club which is the Southern Oregon Kennel Club. This club supports
pure bred dogs and has many members that do not breed but instead devote themselves to the
many activities that are available to their canine friends; Le. obedience, tracking, search and
rescue, agility, herding, flyball, sighthound events, to name a few.
One of the primary interests that I share with my registered Therapy dogs is visiting assisted
living residences and foster homes. Two of these dogs also have I.D.'s for Rogue Valley
Medical Center. It is well documented as to the benefits these "therapy" dogs give to the many
people that have had to give up their home and can no longer take care of their own pets, or a
child awaiting surgery or suffering a long illness. The joy on the faces of these people when the
dog enters a room is incredible. While I use my dogs, others use cats, rabbits. hamsters or
even llamas.
As a member of the highly successful American Kennel Club's Canine Ambassador program,
visits are scheduled to schools and other organizations to teach children the proper way to care
for their pets. I use the word pets because some of the children don't have a dog or a cat but
instead a bunny, a hamster, or even a rat. As Ambassadors, we use an all around presentation
that will work on any pet the child, or person, might have. Our goal is always to guide and teach
by example and follow the existing laws. Our pets must pass yearly health exams and other
tests to prove their suitability for these visits.
Across the United States the organization People for the Ethical Treatment of Animals (PET A)
and the Humane Society of the United States (HSUS) have joined together to curb the ability of
people to have and enjoy the comfort of animals. The writer of the Ashland proposal has been
vocal in her quest to start with Ashland, proceed to Jackson County and then on to the State of
Oregon to get these unreasonable laws passed.
I believe the Rogue Valley does NOT need further laws governing the interaction of animal and
owner but instead needs better enforcement of those laws already in existence. Under the
proposed ordinance, who is to police the hours an animal is tethered or the size of enclosure
that is occasionally used? Will this fall to the already overburdened police department or to the
under funded Jackson County Animal Control?
I encourage you to vote no to the tethering proposal presently before the council.
Thank you for your time,
Sincerely,
Barbara Rooney
From: Mary Anderson
To: The Mayor of Ashland, the City Council Members, and the City Recorder
I am not a breeder. I am involved with animals, especially dogs. I am for Animal Welfare, and
for Peoples Rights. The welfare of an animal is the responsibility of the owner, which is to see
to the health, happiness, and general welfare of the pet.
One thing confuses me, Ms Rosen referred to the Southern Oregon breeding Club. I know
about the different kennel clubs in Oregon, but I don't know about Southern Oregon Breeding
Club. Animal Rights often manufacture names and events, they also take isolated examples
and insinuate that this is how all pet owners treat their animals.
We are here to address the proposed tethering ordinance.
According to a study conducted by the Cornell University, there was a slight difference in
behavior of tethered / penned dogs. The penned dogs were more prone to pace, bark and
jump on the pens sides, tethered dogs would spend their time laying down and sleeping.
Such an ordinance would cause much hardship, not only upon the pet owner, but especially
the City of Ashland trying to enforce it.
I'll not bore you about existing local, county, and state laws, I will focus on the importance of
EDUCATION. Education of the people has and will do more for animal welfare than laws.
There are many way to reach the people, ways to get in front of people for the purpose of
EDUCATION.
RADIO; There is a radio station in Rogue River that announces missing or found pets.
NEWS PAPERS There is a periodical that has news about pets.
FLIERS; An insert one or more of the area news papers is effective.
SEMINARS; This is another way to get in front of people.
Thirty six point three billion dollars is a lot of money to spend, but annually, that's what
Americans spend on their animals, so people will be receptive to suggestions.
Education and proper care of pets is far more productive than ordinances, which many people
chafe under.
Adding another or more laws is counter productive for the city of Ashland. As we have pointed
out, there are other ways, better ways, to a better end.
Thank you
Mary Anderson