HomeMy WebLinkAbout2010-0720 Regular Mtg PACKET
,
CITY OF
ASHLAN,D
AGENDA FOR THE REGULAR MEETING
ASHLAND CITY COUNCIL
July 20,2010
Council Chambers
1175 E. Main Street
Note: Items on the Agenda not considered due to time constraints are automatically continued to
the next regularly scheduled Council meeting [AMC 2.04.030.E.]
6:30 p.m. Annual General Meeting for Hospital Board and City Council
7:00 p.m. Regular Meeting
I. CALL TO ORDER
II. PLEDGE OF ALLEGIANCE
III. ROLL CALL
IV. MAYOR'S ANNOUNCEMENTS
V. SHOULD THE COUNCIL APPROVE THE MINUTES OF THESE MEETINGS?
[5 minutes}
1. Special Meeting of June 29. 2010
VI. SPECIAL PRESENTATIONS & AWARDS
1. Does Council have questions regarding the Parks and Recreation Commission's
Integrated Pest Management Policy? [10 Minutes]
VII. CONSENT AGENDA [5 minutes}
1. Will Council approve the minutes of Boards. Commissions. and Committees?
2. Does Council wish to approve a liquor license application from Torsten Hirche dba
Apple Cellar at 165 E Main Street?
3. Should Council continue the public hearing on adoption of amendments to Chapter
18.62 (Physical and Environmental Constraints). Chapter 15.10 (Flood Damage
Prevention Regulations) of the Ashland Municipal Code. and revisions to the FEMA
Flood Insurance Rate Maps?
4. Will Council approve the Mayor's request for Judge Allen Drescher to be re-
appointed as Ashland Municipal Judge Pro Tem?
5. Will Council. acting as the Local Contract Review Board. approve a special
procurement for the direct award (purchase) of flame retardant clothing from the
Tyndale Company for a period of five years?
COUNCIL MEE'l'JNGS ARE BROADCAST LIVE ON CHANNEL 9
VISIT THE CITY OF ASHLAND'S WEB SITE AT WWW.ASIILAND.OR.US
6. Will Council authorize the solicitation of formal bids and proposals for four public
works projects?
7. Does Council approve the recommendations of the Public Art Commission to
implement another round of Reflections of Ashland: Utility Box Beautification Project?
8. Does Council wish to approve a resolution updating the program to protect its
customers from identity theft?
9. Will Council. acting as the Local Contracts Review Board. approve multiple contract
awards resulting from an invitation to bid for water treatment plant and wastewater
treatment plant chemicals?
10. Will Council, acting as the Local Contracts Review Board. approve the award of a
public contract to Hunter Communications. the highest ranked proposer, for internet
bandwidth?
11. Will Council, acting as the Local Contract Review Board, approve a special
procurement for the direct award (purchase) of Metal Storm Drain Markers from
Almetek for a term of three years?
12. Does Council have questions about the progress on Council Goals?
VIII. PUBLIC HEARINGS (Persons wishing to speak are to submit a "speaker request form"
prior to the commencement of the public hearing. 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 92.04.050))
1. Will the Council approve a resolution to update Public Works. Engineering Fees? [10
Minutes]
IX. PUBLIC FORUM Business from the audience not included on the agenda. (Total time
allowed for Public Forum is 15 minutes. The Mayor will set time limits to enable all
people wishing to speak to complete their testimony.) [15 minutes maximum)
X. UNFINISHED BUSINESS
None.
XI. NEW AND MISCELLANEOUS BUSINESS
1. Will Council approve the six requested changes in the relationship between the City
of Ashland and the Ashland Community Hospital. as outlined in the memo dated July
7. 2010? [15 Minutes]
2. Does Council have questions regarding the current status of the Lithia Springs
Property lease extension including the environmental assessment work and
implementation of the best management practices by the Ashland Gun Club? [30
Minutes]
XII. ORDINANCES. RESOLUTIONS AND CONTRACTS
1. Should Council approve First Reading of an ordinance amending Chapter 1.08 to
add provisions concerning the classification of offenses, and move the ordinance on
to Second Reading? [10 Minutes]
2. Should Council approve First Reading of an ordinance amending Chapter 4 to add
provisions concerning the classification of offenses, and move the ordinance on to
Second Reading? [10 Minutes]
3. Should Council approve First Reading of an ordinance amending Chapter 6 to add
provisions concerning the classification of offenses, and move the ordinance on to
Second Reading? [10 Minutes]
4. Should Council approve First Reading of an ordinance amending Chapter 9 to add
provisions concerning the classification of offenses, and move the ordinance on to
Second Reading? [10 Minutes]
COUNCIL I'\'lEE'rINGS ARE BROADCAST LIVE ON CHANNEL 9
vIS!'r THE crry OF ASHLAND'S WEB SITE AT WWW.ASIILAND.OR.US
5. Should Council approve First Reading of an ordinance amending Chapter 10 to add
provisions concerning the classification of offenses. and move the ordinance on to
Second Reading? [10 Minutes]
6. Should Council approve First Reading of an ordinance amending Chapter 11 to add
provisions concerning the classification of offenses. and move the ordinance on to
Second Reading? [10 Minutes]
7. Should Council approve First Reading of an ordinance amending Chapter 13 to add
provisions concerning the classification of offenses. and move the ordinance on to
Second Reading? [10 Minutes]
8. Should Council approve First Reading of an ordinance amending Chapter 14 to add
provisions concerning the classification of offenses. and move the ordinance on to
Second Reading? [10 Minutes]
9. Should Council approve First Reading of an ordinance titled. "An Ordinance
Establishing Fees and Charges for Municipal Court Administration" and move the
ordinance on to Second Reading? [20 Minutes]
XIII. OTHER BUSINESS FROM COUNCIL MEMBERS/REPORTS FROM COUNCIL
LIAISONS
XIV. ADJOURNMENT
In compliance with the Americans with Disabilities Act, if you need special assislance 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
meetin9 (28 CFR 35. 102-35. 104 ADA Title I).
COUNCIL MEETINGS ARE BROADCAST LIVE ON CHANNEL 9
VISIT THE CITY OF ASHLAND'S WEll SITE AT WWW.ASHLAND.OR.US
~
ASHLAND CITY COUNCIL MEETING
June 29. 2010
Page 1 of7
MINUTES FOR THE SPECIAL MEETING
ASHLAND CITY COUNCIL
June 29, 2010
Civic Center Council Chambers
1175 E. Main Street
CALL TO ORDER
Mayor Stromberg called the meeting to order at 7:00 p.m. in the Civic Center Council Chambers.
ROLL CALL
Councilor Voisin, Navickas, Lemhouse, Jackson, Silbiger and Chapman were present.
SHOULD THE COUNCIL APPROVE THE MINUTES OF THESE MEETINGS?
The minutes of the Study Session ofJune 14,2010, Executive Session ofJune 15, 2010 and Regular Meeting
of June 15,2010 were approved as presented.
CONSENT AGENDA
1. Will Council approve the minutes of Boards, Commissions, and Committees?
2. Does Council wish to approve a liquor license Application for Lori Del Rosario dba Vinyl Club at
130 Will Dodge Way?
3. Does Council wish to approve a liquor license application from Jaime Nichols dba French Kiss at 60
E Main Street?
4. Does Council have any questions about the Fixed Asset Capitalization Policy as presented?
5. Does Council have questions on the Financial Oversight Policy?
6. Should Council approve a resolution to adjust budget appropriations for changes in operational
expenses to remain in compliance with Oregon Budget Law?
7. Will Council approve the proposed contract with the Chamber of Commerce for FY2010 - 2011 in
the amount of $280,000?
8. Will Council approve an intergovernmental agreement with the Rogue VaDey Council of
Governments (RVCOG)to conduct public outreach and education ,efforts as required by the City's
NPDES, Phase II Stormwater Permit?
9. Does Council wish to enter into an Intergovernmental Agreement with Emergency Communications
of Southern Oregon to provide Emergency Dispatch Services to Ashland?
10. Should the Council authorize signature of an Intergovernmental Agreement with Jackson County
to provide building inspection services?
Councilor Lemhouse requested that Consent Agenda item #2 be pulled for discussion.
Councilor Jackson/Silbiger mls to approve Consent Agenda items #1, #3 through #10. Voice Vote: all
A YES. Motion passed.
City Recorder Barbara Christensen explained the Oregon Liquor Control Commission (OLCe) met with
Ashland Police regarding the concerns the City had with overcrowding and lines forming at the V inyl Club.
The new owners submitted a control plan that included security protocol, crowd control, drink service, and will
change the venue of the club early 2011.
Police Chief Terry Holderness further described prior issues with overcrowding and the line to get into the
Club and noted the new owners have agreed to stop serving at I :30 a.m. close the bar at 2:00 a.m. instead of
2:30 a.m. and not allow lines to form to get into the club.
~
ASHLAND CITY COUNCIL MEETING
June 29. 2010
Page 2 af?
Councilor Lemhouse/Jackson m/s to approve Consent Agenda item #2. Voice Vote: all A YES. Motion
passed.
PUBLIC HEARINGS
1. Does Council wish to adopt a resolution adopting the Ashland Fire and Rescue cost recovery fee
schedule?
Fire Chief John Karns explained the program would allow cost recovery for Ashland Fire and Rescue for
motor vehicle collisions and ha?ardous material spills caused by non-residents and all individuals driving
under the influence (DUl). Fees would trigger after two staff hours and if the accident met specific National
Fire Incident code. The program had a cost table for equipment and apparatus utilized and another table for
personnel cost. Jackson County would respond to Ashland residents outside city limits and had a similar
recovery fee.
Public Hearing open: 7:11 p.m.
Public Hearing closed: 7:11 p.m.
Councilor Silbiger/Chapman m/s to approve Resolution #2010-22. DISCUSSION: Councilor Lemhouse
explained citizens fund the Fire Department through property taxes and it was fair to have individuals from
outside the City using public safety services reimburse them. Roll Call Vote: Councilor Voisin, Chapman,
Silbiger, Jackson, Lemhouse and Navickas, YES. Motion passed.
PUBLIC FORUM
Colin Swales/I43 81h StreetJReferred to a recent planning action with a large amount of public input that was
not included in the packet but referred to with a link to the City website. He expressed concern regarding
public participation and wanted assurance the decision makers in the matter would read the testimony
pertaining to the action.
UNFINISHED BUSINESS
I. Will the Council approve Second Reading of an ordinance titled, "An Ordinance Establishing and
Implementing a Program to Charge User Fees for the Deployment of Public Safety Services
Rendered by the City of Ashland, Ashland Fire and Rescue?
City Attorney Richard Appicello read the ordinance title aloud.
Councilor Jackson/Silbiger mfs to approve Ordinance #3021. Roll Call Vote: Councilor Navickas,
Jackson, Chapman, Voisin, Lemhouse and Silbiger, YES. Motion passed.
2. Will Conncil approve Second Reading of an ordinance to levy taxes for the period of July 1,2010 to
and including June 30, 2011 ?
City Attorney Richard Appicello read the ordinance title aloud.
Councilor Jackson/Silbiger mfs to approve Ordinance #3020_ DISCUSSION: Councilor Chapman
thought it was an unnecessary tax increase and would not support the ordinance. Roll Call Vote: Councilor
Silbiger, Lemhouse, Voisin, Jackson and Navickas, YES; Councilor Chapman, NO. Motion passed 5-1.
3. Does Council wish to adopt a resolution making a recommendation to Jackson County on issues to
be addressed prior to adoption ofthe Greater Bear Creek Valley Regional Problem Solving (RPS)
Plan?
Community Development Director Bill Molnar reviewed the changes made to the original four points and the
additions ofRPS Plan 5. High Valne Farmland and RPS Plan 6. Housing Strategies. Language was added
to RPS Plan 1. Population that made it a mandatory request as part of the process. RPS Plan 2. Efficient
ASHLAND CITY COUNCIL MEETING
June 29. 2010
Page 3 of7
Land Use and Transportation Planningllmplementation created three points that encouraged higher
density; the flexibility to transfer density to another area in the Urban Growth Boundary (UGB), verification to
ensure target densities are met, and an effort is made to increase densities within the existing UGH.
Staff clarified the language in the second paragraph under Popnlation indicated it would be acceptable if a
study was conducted on population and the outcome did not match the City's figure.
Colin Swales/143 8'. StreetJEncouraged Council to sign the resolution and expressed disappointment that
other communities were not looking at in fill and were using Ashland's fudged population figures to acquire
more land. He hoped Ashland would take a firm stand and lead the rest of the valley by example.
Conncilor NavickasNoisin mls to approve Resolution #2010-21. DISCUSSION: Councilor Navickas
thought RPS was based on creating the next tier outside the UGB by looking at in fill to avoid sprawl.
Councilor Chapman had issues with Section 1 but supported the letter overall. Councilor Jackson clarified the
establishment of urban reserves was a small piece in the program and the State was already pushing all cities to
increase densities in addition to RPS. As a component of the State Land Use Plan, she was in favor of
establishing urban reserves because it addressed sustainability issues that concerned citizens. Having the cities
work together and agree how the transportation network would grow was part of a valid sustainable plan.
Councilor Voisin suggested replacing the word "encourage" under Housing Strategies first paragraph
regarding housing types with "strongly encourage" or "mandate."
Councilor V oisinlNavickas mls to amend the motion to strike the word "encourage" and replace it with
"mandate" in the first paragraph under Housing Strategies. DISCUSSION: Councilor Voisin explained
housing was a statewide issue and the City needed to be one of the communities that recognized the need for
housing. Councilor Chapman thought the word mandate was slightly strong and would not support the
amendment. Roll Call Vote: Councilor Navickas aud Voisin, YES; Councilor Jackson, Silbiger,
Chapman and Lemhouse, NO. Motion failed 2-4.
,
Councilor Navickas/Chapman mls to amend the motion to use "strongly encourage" instead of
"encourage" in the first paragraph under Housing Strategies. Roll Call Vote: Councilor Jackson,
Silbiger, Navickas, Chapman, Lemhouse and Voisin, YES. Motion passed.
Roll Call Vote on original motion: Councilor Jackson, Silbiger, Navickas, Chapman, Lemhouse and
Voisin, YES. Motion passed.
NEW AND MISCELLANEOUS BUSINESS
1. Does Council wish to make appointments to the Audit Committee for the at-large member position
and the Councilor/Mayor liaison position?
City Recorder Barbara Christensen explained in addition to appointing an at large member to the Audit
Committee, Council also needed to appoint a CounciVMayor liaison and a Budget Committee liaison to the
Audit Committee as well.
Councilor Jackson/Chapman mls to appoint Guy Nutter to the Audit Commission with a term ending
4/30/2013; Councilor Lemhouse as CounciVMayor liaison with a term ending 4/30/2011 and Dennis
Slattery as the Budget Committee liaison with a term ending 4/30/2011. Voice Vote: all A YES. Motion
passed.
2. Which four legislative priorities would the Council select as the top priorities for the League of
Oregon Cities (LOC) during the 2011 session of the Oregon Legislature?
City Administrator Martha Bennett explained the policy setting process and the City of Ashland had four votes
ASHLAND CITY COUNCIL MEETING
June 29. 20 I 0
Page 4 of7
out of 28 priorities that staff streamlined to II. Staff recommended H. Allow local governments a more
flexible use of transient lodging tax to meet the increased demands placed both on essential services and
infrastructure created by tourism activities because it would allow more control using TOT to fund the
higher level of public safety services required to support tourists. Ms. Bennett discussed with Council the
affect of Measures 5 and 50 on equity and property taxes.
Council shared what items they wanted to include in addition to staff reco?,mendations and why.
Councilor Chapman/Jackson m/s to select League of Oregon Cities items #F, #H, #0 and #D as the top
prioritie~. Roll Call Vote: Councilor Voisin, Navickas, Lemhouse, Jackson, Silbiger and Chapman,
YES. Motion passed.
3. Will Council adopt the City Council Values and Vision Statements?
City Administrator Martha Bennett provided history on the process and eXplained how the draft attempted to
capture all the input gathered. Council will use the Values and Vision Statements for staff proposed decisions,
major projects and as a tool for Council deliberation.
Councilor NavickaslLemhouse m/s to adopt proposed City Council Values and Vision Statements.
DISCUSSION: Councilor Navickas noted the work that went into the draft, thought it was a powerful
statement, and represented the community.
Councilor Lemhouse/Jackson to amend the motion to add under Community a reference to the "value
offamilies both traditional and non-traditional to the citizens of Asbland." DISCUSSION: Councilor
Lemhouse commented on the importance of having community recognize traditional or non-traditional
families. Roll Call Vote: Councilor Lemhouse, N avickas, Voisin, Silbiger, Jackson and Chapman, YES.
Motion passed.
Continued DISCUSSION on amended motion: Councilor Lemhouse thanked staff for their work on the
Values and Vision statements and personally recognized Management Analyst Ann Seltzer's efforts.
Councilor Chapman would not support the motion. The City and community spent time, energy and money
putting together what he described as new age nebulous nonsense and it was disturbing that it would be used to
justifY budget decisions and Council actions. Roll Call Vote on amended motion: Councilor Navickas,
Silbiger, Voisin, Jackson and Lemhouse, YES; Councilor Chapman, NO. Motion passed 5-1.
4. Does Council agree with the staff recommendation to administratively implement the classification
system for non-bargaining employees but defer changes in compensation amounts to future fiscal
years in response to the Classification and Compensation Study completed this spring?
Human Resource Director Tina Gray eXplained in 2007 Council adopted a goal on Employee Continuity
Strategy goal to address the heavy employee turnover experienced for several years. In 2009, the City
contracted with CPS Human Resource Services to conduct a comprehensive study of employee classification
and compensation as a first step in achieving the Continuity Strategy Goal. The compensation classification
piece was one part of the overall strategy. Additional items staff will review include succession planning,
positions lacking a career path, training programs that broaden skill scope and housing affordability issues.
The City hired CPS Consultants for the classification and compensation study to ensure job descriptions
adequately captured duties performed and met all legal requirements. Results were presented during the
March 1,2010 Study Session followed by an internal appeals process for employees contesting results.
Staff recognized the City does not have the resources to implement compensation changes at this time and
recommended implementing the classification system for non-bargaining employees now and deferring
changes and compensation to future fiscal years. Individual departments will accommodate salary increases
ASHLAND CITY COUNCIL MEETING
June 29. 2010
Page 5 of7
through the budget process. Baselines for the study were similar to other entities and did not include the
private sector.
Management received mixed responses from employees based'on whether positions were under or over market.
Employees understood and did not expect raises but were interested in knowing when out of market positions
would be in market in the future.
William Heimann/647 Siskiyou BoulevardlExpressed his dissatisfaction with the study and questioned why
compensation was determined the reason for "tumover" when it was never studied as well as why the private
sector was excluded even though it was requested in the RFP, He was able to compare 30 City positions to the
private sector in a minimal amount of time. Additionally the labor market comparison was not complete. He
recommended that Council remove the Compensation portion of the study for further review and only approve
the Classification section. '
Staff explained compensation would be reviewed annually by the Human Resource Director using the positions
benchmarked in the study to survey other jurisdictions to determine compensation and cost ofliving increases.
Staff addressed the difficulty comparing public positions with the private sector and noted a recent State of
Oregon study on public and private sector jobs that indicated public employee salaries were lower than private
sector employees were. Additional comments clarified the City's market position had changed since the study
started and the majority of turnover issues were due to retirements in an aging workforce.
Council discussed adding comparables to private sector for informational purposes only by using the Oregon
State study as a benchmark for comparison.
Councilor Navickas/Jackson m/s to approve Option #1. Implementation with no modifications in pay
for 2010-2011. DISCUSSION: Councilor Navickas thought it was a reasonable option that gave staff the
opportunity to raise salaries below the market rate when the economy improved. Council Silbiger had
concerns regarding new hire salaries being inadequate and the compensation package over the long run. City
Administrator Martha Bennett clarified that staff compared benefit packages and employee shares to
comparable cities and the City was mid range. She added the City could no longer afford the benefit package
currently offered. Councilor Lemhouse acknowledged the controversy with the study but thought it was
appropriate to do whether there was a turnover issue or not. He supported Option I with an annual review
using the Oregon State study as a benchmark to compare to the private sector. The study provided a good
framework to move forward. Councilor Voisin was concerned the data used in the study was collected prior to
the worst part of the recession and things had changed since then. She referred to a recent speech from
Governor Kulongoski that there would be radical changes to the State's benefits package and thought the City
should look at what the State was doing regarding benefits. Councilor Chapman would not support the motion
and expressed concern the compensation portion was based on marginal data. Roll Call Vote: Councilor
Jackson, Voisin, Navickas and Lemhouse, YES; Councilor Chapman and Silbiger, NO. Motion passed
4-2.
5. Does Council wish to approve a Resolution clarifying certain conditions of employment for
Management and Confidential Employees, repealing Resolution 2008-26?
Human Resource Director Tina Gray eXplained Resolution 2008-26 acted as a union contract for management
employees and stated the conditions of employment and benefits applicable to non-represented employees.
The changes staff recommended would incorporate classification modifications. adjust emergency response
times to match union emergency response times, pro-rate leave and general updates to maintain consistency
between non-represented and union counterpart positions.
A typographical error referencing 2008 instead of2010 and a correction to emergency response times were
ASHLAND CITY COUNCIL MEETING
June 29. 2010
Page 60f7
noted. Staff clarified administrative leave applied to exempt employees attending night meetings in lieu of
overtime, confirmed Cost of Living Adjustment (COLA) for 20 I 0 was positive but the City was forgoing
COLA increases this year due to budget constraints. Currently there was no viable financial way to correct
compression issues in unionized departments and they would most likely never be resolved.
Council and staff discussed Council concern regarding employees cashing in part of their vacation hours
instead of taking vacation. This option allowed employees the opportunity to cash in or exchange hours for
another type ofleave to avoid hitting the cap and losing that time. The Resolution requires employees to take
50% of vacation accrued during the year. Various factors like budget cuts and understaffing attributed to
employees not taking full vacation. Forcing employees to take full vacation time would dramatically decrease
production to the point where the City would have to back fill and hire more employees to bridge the gap.
Buying back vacation time was budgeted annually through salaries. Time sold back to the City was
documented as hours worked and applied to Public Employee Retirement System (PERS) at a base rate.
Councilor NavickasILemhonse mfs to approve Resolntion #2010-20 and inclnde changes on page one of
the staff report. Roll Call Vote: Conncilor Jackson, Voisin, Navickas, Silbiger, Chapman and
Lemhonse, YES. Motion passed.
6. Does Conncil have any direction for staff regarding the draft ordinance titled, "An Ordinance
Creating Chapter 11.43 Relating to Storage of Personal and Recreational Vehicles and Amending
AMC 11.24.020"?
Police Chief Terry Holderness presented the staff report, eXplained how parking and storing vehicles on the
roadway generates controversy, and was a values decision for the City. Most cities in Oregon and the western
states require vehicles to be moved every 24-72 hours with additional restrictions on recreational vehicles
(RVs). The City encourages people to park their vehicles and walk or ride bikes but there is very little on street
parking for residents and some homes do not have off street parking. The proposed ordinance was more
permissive and considered vehicles parked for more than 72 hours with debris underneath as stored. It gave
citizen's the right to park their vehicles on the street for an unlimited time as long as the area beneath was clear
of debris. Recreational vehicles could sit for 72 hours on the street as long as they were parked within the
resident's property line, did not block traffic ~r restrict vision. Currently enforcement was complaint driven.
Colin Swales/143 8th StreetJSupported the proposed ordinance and recalled a parking issue regarding a
tractor-trailer that blocked a neighbor's second story view. Many things could be done to calm traffic in
neighborhoods and deter large trucks using bump outs, traffic circles and bicycle boulevards. He asked for
clarification on a State ordinance regarding trucks leaving the truck route.
Council discussed extending parking limitations for RVs and adding language prohibiting using a vehicle on
the street for storage. Staff will look at contiguous parking. change the Class B Violation, address using
personal vehicles for storage and add language for oversized vehicles.
Conncilor Lemhouse/Jackson mfs to direct staff to bring back the ordinance for first reading on July
20,2010 with suggestions included. Roll Call Vote: Councilor Silbiger, Navickas, Lemhouse, Jackson,
Chapman and Voisin, YES. Motion passed.
ORDINANCES, RESOLUTIONS AND CONTRACTS
1. Does the Council approve the first reading the remaining ordinances adopting Chapter 18.53
Croman Mil and related ordinance, Ashland Comprehensive Plan, and Comprehensive Plan and
Zoning map amendments, and request the complete set of six ordinances to be scheduled for second
reading?
ASHLAND CITY COUNCIL MEETING
June 29. 20 I 0
Page 70f7
Abstentions. Conflicts. EXllarte Contact
Councilor Silbiger declared a conflict of interest and requested Council to recuse him from the discussion.
The remaining Council and Mayor had no other conflicts of interest or Exparte contacts to declare.
Conncilor Jackson/Chapman mls to recuse Conncilor Silbiger due to conflict of interest. Voice Vote: all
A YES. Motion passed.
Councilor Silbiger left the meeting at 9:43 p.m.
Staff confirmed 18.53.040 Use Regnlations B. Special Permitted Uses 8c: "Manufacturing, assembly,
fabrication packaging operations requiring an air contaminant discharge permit from the Department
of Environmental Quality (DEQ) shall be prohibited," did not apply to compatible industrial and
recommended deleting it from the ordinance. Council consensus agreed to delete 18.53.040 Use Regulations
B. Special Permitted Uses 8c. from the ordinance.
Council discussed concerns the outdoor storage space for CI was too small in 18.53.040 Use Regulations
Section B. Special Permitted Uses 1 L Limited Outdoor Storage a: "The maximum area dedicated to
outdoor storage shall be 1,000 sq. ft. iu the OE and MU overlay; aud 2,500 sq. ft. in the CI overlay, or
50 percent of the ground floor area of the building housing the associated permitted or special
permitted use, whichever is less." Council agreed to replace "...whichever is less," with "whichever is
more."
18.53.040 Use Regulations B. Special Permitted Uses 3. Limited Stores, Restaurants and Shops, 5. Child
or Day Care Facilities and 6. Ancillary Employee Services. Council discussed concerns that the space
allocated was not adequate and increasing the limitation could create a loophole that changed the site to a
different district. Council agreed to continue the discussion at the August 3, 20 I 0 meeting.
Councilor Jackson/Lemhouse mls to continue first reading of all six ordinances related to the Croman
Mill Site Project until August 3, 2010. Roll Call Vote: Clwncilor Navickas, Lemhouse and Jackson,
YES; Councilor Chapman and Voisin, NO. Motion passed 3-2. .
ADJOURNMENT
Meeting was adjourned at 10:25 p.m.
Barbara Christensen, City Recorder
John Stromberg, Mayor
CITY OF
ASHLAND
Council Communication
Presentation of Parks Commission Integrated Pest Management Policy
Meeting Date: July 20,2010 Primary Staff Contact: Don Robertson
Department: Parks and Recreation E-Mail: robertsd@ashland.oLus
Secondary Dept.: None .l-'t- Secondary Contact: Steve Gies
Approval: Martha Bennett V'p/v Estimated Time: 10 minutes
Question:
Does Council have questions regarding the Parks and Recreation Commission's Integrated Pest
Management Policy?
Staff Recommendation:
None, informational presentation only.
Background:
Ashland Parks and Recreation Commission Chair Mike Gardiner, along with Director Don Robertson,
will present the Ashland Parks and Recreation Commission's Integrated Pest Management Policy. The
policy was adopted on May 24, 2010 at a regular meeting of the Ashland Parks and Recreation
Commission.
Related City Policies:
City of Ashland Pesticide Policy.
Council Options:
None, information only.
Potential Motions:
None, information only.
Attachments:
Adopted Policy
Page 1 of 1
~~,
~lc)~V
ASHLAND
PARKS
lII. RECREATtON
Integrated Pest
Management Policy.
Ashland Parks and Recreation Commission
Adopted by the Ashland Parks and Recreation Commission
on May 24,2010
Integrated Pest Management Policy
Ashland Parks and Recreation
Page 1 of 10
Introduction to Policy
The Ashland Parks and Recreation Department follows an Integrated Pest Management
Policy adopted by the Ashland Parks and Recreation in 2010.
According to Oregon Statutes (ORS 262.1), Chapter 943, an IPM is defined as follows:
"Integrated pest management means a coordinated decision-making and
action process that uses the most appropriate pest control methods and
strategies in an environmentally and economically sound manner to meet
pest management objectives. The elements of integrated pest management
include: (a) preventing pest problems; (b) monitoring for the presence of
pests and pest damage; (c) establishing the density of pest population,
which may be set at zero, that can be tolerated or corrected with a damage
level sufficient to warrant treatment of the problem based on health, public
safety, economic or aesthetic threshold; (d) treating pest problems to
reduce populations below those levels established by damage thresholds
using strategies that may include biological, cultural, mechanical and
pesticidal control methods and that shall consider human health,
ecological impact, feasibility and cost effectiveness; and (e) evaluating the
effects and efficacy of pest treatments."
The IPM process first determines if a pest needs to be managed, and if so, how best to do
it. Key elements are information gathering, decision making, management action, and
monitoring of results. IPM uses effective, low-risk strategies and practices. Management
actions include cultural, physical, mechanical, manual, biological, and pesticidal.
Licensed and trained Parks Department professionals often select a combination of
methods (pesticide applications being the method of last resort) to manage specific pest
populations on a case-by-case basis, with a goal of reducing reliance on pesticides.
Methods employed conform to recognized standards established and endorsed by state
and federal regulatory agencies, state educational institutions, and organizations such as
the Western Integrated Pest Management Center.
Examples ofIPM within the Parks Department include:
. Mulching of planting beds to reduce establishment of weeds.
. Utilizing plants with natural resistance to pests.
. Volunteer use for hand weeding, trimming, mulching, and more.
. Design features to include concrete curbs, mow strips, and landscape designs.
. Proper mowing, irrigation, and fertilization of park turf to increase vigor and
reduce weed populations.
. Application of selected herbicides to control invasive weeds before seed
formation to prevent future weed infestations.
. Release of natural biological controls to control non-natives such as plants and
insects.
. See attached list of pesticide reduction suggestions.
Integrated Pest Management Policy
Ash/and Parks and Recreation
Page2ollO .
Integrated Pest Management Policy
Ashland Parks and Recreation Department's Integrated Pest Management Policy is based
on park planning and design, manual maintenance, ecological controls, and, as a last
resort, use of chemical pesticides. The department will work to reduce or eliminate the
use of pesticides and will conduct an annual review of pest management activities, which
will include written suggestions to the Parks Commission for the further reduction of
pesticides and for alternatives to their use.
Pesticide Use
Any pesticide use will be part of an IPM approach. Risk will be minimized by careful
product selection and application. When developing and updating the IPM program,
Parks staff will rely on current peer-reviewed scientific opinion about potential materials
and methods, including science-based information from regulatory agencies, state
university departments, university extension scientists, and other experts.
. The choice to use pesticides will be based on human and ecological health and the
values to be gained or preserved. Budgetary and human resource factors will also
be considered.
. Only the safest, lowest toxicity products available will be used. Pesticides use will
comply with all local, state, and federal regulations. No "restricted use" pesticides
will be used.
. The area will be posted 48 hours in advance of the application, with signage
remaining a minimum of 48 hours following the application, depending on the re-
entry time specified on the pesticide label or MSDS sheet.
Oversight and Training
. A minimum of one Parks or Golf employee will be trained and licensed as an
Oregon Licensed Pesticide Applicator and will be designated by the department
director to be responsible for overseeing and authorizing all pesticide use by Parks
and Golf division staff. No pesticides will be used without a Licensed Pesticide
Applicator on staff.
. No employee will use or apply any pesticide without prior training.
. No employee will use or apply any pesticide mechanically or by hand without
event -sDecific authorization.
. All Parks and Golf Division employees who apply pesticides will attend an annual
review of policies, procedures, and reduction strategies regarding the use and
applications of pesticides.
Integrated Pest Management Policy
Ash/and Parks and Recreation
Page 3 af JO
o All pesticides will be stored in a safe, labeled, secure environment. The Parks
Superintendent and Licensed Applicator will have exclusive access to the area.
o Violation of any of these policies or guidelines by Parks or Golf Division staff
will be grounds for disciplinary action.
Reporting and Review
The Parks Director will oversee an annual review and will present the results to the
commission. The report will include water quality test results and results from any
other testing conducted; comparisons from previous years' spreadsheets showing
amounts and locations of pesticide applications; and will recommend specific
locations, management activities, cost, and targets for reductions or elimination of
pesticides.
o The Parks Commission may consider updating the IPM policy during the fiscal
year as new peer-reviewed scientific information about pesticides, including inert
ingredients, becomes available and as other management choices develop.
o Written record on Form IA will be filled out after each application (attached).
o MSDS sheets will be made available to the public.
o The elected Ashland Parks and Recreation Commission will serve as the
overseeing board for this policy.
Integrated Pest Management Policy
Ashland Parks and Recreation
Page 4 of 10
GUIDELINES
PESTICIDE SOLUTIONS AND RINSES
Following are elements to consider before beginning an application. These elements will
help determine the proper amount of pesticide to mix.
o Weather conditions and predictions. Call National Weather Service at 541-779-
5990.
o Acreage / square footage of the job site.
o Calendar: special events, mowing, irrigation, and so on.
o Type and size of the equipment appropriate to do the job.
When applying a pesticide, use the following procedures to reduce and safely store the
rinse solution. These are secondary to label information and State and Federal
regulations.
o Mix only enough pesticide solution to do the job that day.
o First add measured amount of water to tank, then put in correct amount of
herbicide according to label specifications.
o Use up all pesticide, applying until the tank is empty or no more solution is
coming through the nozzle.
o If pesticide mix remains, completely label the tank or sprayer with labels for the
products used. Also mark the. current concentration for each product, the date, and
the name of the applicator. .
o When resuming spray applications the next time, either use the leftover material,
or add dilution water and circulate the mix thoroughly before adding new
concentrate.
o If spray tank rinsate is created, store the rinsate as make-up water for the next day.
The next day's pesticide should be compatible or the same. The same labeling
requirements pertain to the rinsate mix.
Rinse the sprayer if the following conditions apply:
o It is necessary to use a pesticide incompatible with that previously used.
o It is the end of a spraying cycle.
Use the following rinse process:
I. Read the pesticide label. The following should not conflict with label information
or State or Federal regulations. Contact your supervisor if you see a conflict or
have questions.
2. WeM protective clothing, as listed on the label when handling pesticides,
pesticide containers, or pesticide equipment.
Integrated Pest Management Policy
Ashland Parks and Recreation
Page 5 of /0
I
\
3. Fill the spray equipment approximately 1/4 full with clean water. Shake or agitate
so that all inside surfaces are washed. If possible use the spray hose to rinse the
inside surface of the tank. These procedures should coincide with all labels.
4. Spray the rinse water out of the spray equipment onto an approved target area.
Rinse water should be run through all hoses, booms, etc. Filters should be
cleaned. Because of the dilute nature of the pesticide in the rinse water, a coarse
spray can be used and is recommended to save time. Do not "pond" or saturate the
soil.
5. If the tank is to be stored, repeat step 3 and 4 above until the tank is clean.
PESTICIDE SAFETY
. The area will be posted 48 hours in advance of the application, with signage
remaining a minimum of 48 hours following the application, depending on the re-
entry time specified on the pesticide label or MSDS sheet.
. Containers will be triple-rinsed, then punctured to make sure they are not reused.
. Any spills will be cleaned up immediately and reported to a supervisor for proper
handling of material.
. Personal protective equipment (PPE) will be worn according to label on product
and MSDS sheets (e.g., rubber gloves, goggles, long-sleeved shirts).
. Employee will change clothes before interacting with non-work associates such as
family and friends.
PESTICIDE REDUCTION OPTIONS
Volunteers - to be used for:
. Weeding
. Mulching
. Trimming
Mulch - reduce weed growth and labor costs; minimal budget impact
Labor - staff and volunteer crew to manually trim edges. Potential large budget
impact if staff and volunteers manually edge and use less spray
Annuals to Perennials - better ground cover, minimal labor, minimal budget impact
Burners - burn weeds using Parks labor; possible safety issues
Ground Covers - labor to establish weeding; higher initial costs but less expensive
once established
Hardscape - curbs, walks would require high initial investment but this would serve
as long-term solution to problem spots; initial high budget impact
Integrated Pest Management Policy
Ashland Parks and Recreation
Page 6 of /0
-'
Landscape Design - less formal, non- native; lower initial cost but higher costs to
maintain until plants are established
Park Branding - As part of the pesticide reduction process, a park logo will be
designed to inform the public about pesticide-free areas. Communication will occur
through the City of Ashland Web site and classes will be offered to share information
and ideas with the public.
Equipment Use Where Possible - higher cost to purchase; efficient use oflabor;
able to treat large areas
Lawn Height - help shade weeds
Irrigation Changes - initial cost of labor and materials; long-term solution; more
maintenance required for smaller heads
Goats - problem with containment in terms of what is eaten (both desired and non-
desired species consumed)
Forestry Areas - 99% spray free since 1992; manually controlled
Integrated Pest Management Policy
Ashland Parks and Recreation
Page 7 of JO
SPECIAL SITUATIONS
"
RESTRICTED AREAS
. No applying pesticides within or 50 feet from a playground, community garden,
wetland, stream, or picnic tables.
. No spraying in all parks from Memorial Day to Labor Day.
. No general treatment of broad leaf weeds in turf areas in parks.
. No treatments inside Dog Park area. If applications are needed, the area will be
closed to dogs and users until re-entry is permitted (as outlined in chemical use
guidelines). Advance notice shall be given to the users about the closure of the
Dog Park.
. Any other park area designated as pesticide free.
. Spraying for hornets and wasps in all areas (for visitor safety) exempted.
. If an emergency situation arises and pesticides are needed, the Parks Commission
can grant an exception to the policy.
GOLF COURSE
. The golf course will occasionally require use of higher toxicity products to keep
the quality of the greens and tees playable. If toxicity is higher than table salt (LD
50 ~ 2,500), the course will be posted at the clubhouse and at the first green or tee
that is treated.
. The Golf Division will follow the same guidelines established for the Parks
Division.
. MSDS sheets will be posted in golf course club house.
. Greens #4, 6, 7 and tee boxes #4,5,7 will be exempted from the 50-foot setback
from water.
Integrated Pest Management Policy
Ashland Parks and Recreation
Page 8 of JO
PESTICIDE APPLICATIONS BY NON-PARKS
AND RECREATION EMPLOYEES
In special circumstances, when a certain area needs to be addressed in a specific
fashion, pesticide applications by non-Parks Department staff will be approved:
Employees of commercial pesticide operator companies:
Employees of commercial pesticide operator companies possessing valid state pesticide
applicator licenses will be considered for approval to apply pesticides to Parks
Department property.
. The licensing variance must be specifically approved by the Parks Department's
Licensed Applicators.
. The work must occur under the direction of a contractor-supplied, fully'licensed
supervisor.
. Before approval, there must be evidence that all trained and licensed applicators
have sufficient previous pesticide application experience and a safety record to
satisfy the Parks Department's approval process. Acceptable application
experience may vary, but will be of sufficient assurance to Parks Department of
employee competence and knowledge of safe work practices. Three to five
months is a likely minimum experience interval for approval. Inexperienced
trainee licensed applicators will not be allowed to apply pesticides to park land.
Contractors must satisfy all of the standard applicable city contractual language
pertaining to pesticide applications. These subjects may include safety precautions,
liability issues, and other responsibilities. These issues are dealt with in the contract
language agreed to before the project commences by both city representatives and the
contractor.
The performance record of contracting businesses applying pesticides to Parks
Department lands shall also be regularly reviewed by Parks Department. This review
shall include ari examination of past work and safety performance.
Employees of tbe county vector and nuisance control agency:
Tbe Parks Department understands that there may be situations where the county vector
and nuisance control agency has the need to apply pesticides to city property as part of
their mandate to further public health goals. Communications from this agency stating
their need for pesticide use for these purposes on park land will be responded to by the
Licensed Applicator in a timely manner. Licensed public health endorsed applicators will
be considered for approval to apply pesticides to Parks Department property. The Parks
Department and the county will work together to arrive at mutual agreements for
activities that address public health goals and good environmental stewardship.
Integrated Pest Management Policy
Ashland Parks and Recreation
page 9 of 10
City of Ashland
PARKS and RECREA nON DEPARTMENT
340 S. Pioneer Street Ashland, OR 97520
.
Pesticide Application Record (PAR)
. (to be kept for 3 years)
Applicator:
Date of Applic~tion:
Time of Application-
Hour(s) Spent Applying Pesticides (XXX):
Name of Park or Property: ENTER ONE CODE per Application Record:
Area Treated: CIRCLE ONE OR MORE below and/or fill in the blank:
TW - treewells FL-fencelines CR-Cracks BL-bleachers SH-Shrub beds
P-Ponds DU-Dugouts BF-Baseball fields R-Roses W-WaspsIHornets
A-Annuals P-Pathstrrails TC- Tennis Courts SB-Sloped Banks
Other:
Chemical: ENTER ONE CODE FROM the APPROVED PESTICIDE LIST:
Other:
Mixing Ratio: Liquids:
Granular:
_ Tablespoons per gallon OR _ounces per gallon
per square feet of coverage
Supplier:
EPA Registration No.
Target Species (be specific) ENTER CODE(S) FROM SPECIES LIST and/or fill in blank.
CODE(S)::
Other:
Equipment Used: CIRCLE ONE (below) or fill in the blank:
BP-Backpack SQ-Squ'eeze Bottle HA-Handheld Other:
Weather Conditions: temperature: wind conditions:
precipitation: comments:
Total amount of product applied (Thsp. or ounces):
Comments:
Parks\A1I Parks Users\FolJIIS\Employce Stufl\Pesticide. Application Record
Integrated Pest Management Policy
Ashland Parks and Recreation
Page IO of IO
ASHLAND AIRPORT COMMISSION
June 1. 2010
MINUTES
MEMBERS PRESENT: ALAN DEBOER. DAVID WOLSKE. BOB SKINNER. LINCOLN ZEVE. TREG SCOTT.
BILL SKILLMAN, RUSS SILBIGER. SUSAN MOEN ALAN BENDER. RICHARD HENDRICKSON
STAFF: SCOTT FLEURY. MIKE FAUGHT
MEMBERS ABSENT: LARRY GRAVES
Visitors: Joseph Rice
1. CALL TO ORDER: 9:32 AM
2. APPROV AL OF MINUTES: May 4. motion by Skillman for approval. second by
Hendrickson, unanimous vote. minutes approved as written.
3. Additional Items: Reliever Airport Discussion
4. Public Forum: No discussion
5. OLD BUSINESS:
A. AlP Project Engineering Design: Fleury informs Commission of current status of AlP
project. The City will receive 95% plans at the beginning of June. The current
schedule shows the project going out to bid June 10th. 2010 and has a bid opening
date set .for July 1, 2010. The lowest bidder will be selected at that time and the City
will wait for award of Federal funds before actually awarding the construction
contract. If the City does not receive Federal Funds this year. the project will be re-
bid in Spring of 2011 and then the City will wait for award of funds from the FAA.
Fleury states that the Connect III Grants have all gone through the local review
process and will now go to the Oregon Transportation Commission for a final
ranking. Fleury also states that he filled out the two additional grant applications for
the rural airport allotment and the City will find out in Fall if they will receive the grant
to cover the 5% match for the AlP project.
B. Educational Curriculum: Scott spoke with the Director of Science Works who was
agreeable to working with the Airport and developing an aviation type crossover
curriculum. Skinner states that he has given tours to students on field trips to the
Airport in the past, but none recently. Skinner would be open to giving field trips in
the future as part of the curriculum. Moen states that the Commission should speak
with the YMCA regarding after school trips to the Airport.
C. Neil Creek Riparian Restoration: Fleury asks Commission exactly what they would like
to accomplish with regards to the riparian restoration of Neil Creek? The permits and
process for restoration revolve around what the Commission would like to
accomplish. Wolske states that he is still working on having an SOU student become
involved in this as a school project. Skinner states that since the blackberries where
removed from the west of runway12/30 their have been less deer and wildlife
roaming the runway. Coyotes are still present at the site, but they seem to feeding
on the varmint that are undermining the runway.
C:IDOCUME-llshipletdILOCALS-lITemp\xPGrpWiselJune 1 2010.doc
1
D. Unicom Frequency License: Fleury states that he received information from the
Oregon Department of Aviation that all the City needs is the frequency operating
certificate. Commission agrees the letter was an attempt to charge the City a fee
for processing paperwork it does not need. Commission would like to drop the
matter completely.
6. NEW BUSINESS:
A. Noise and Compatible Use: Fleury states that it was his impression from the last
meeting minutes that the Commission would like to develop a sub committee to
develop a noise policy for the Airport. Fleury informs Commission that if they are to
develop a policy that the Fair Treatment Act will need to be followed. Fleury also
states that Brim Aviation hired a sound engineer to perform an on site study
regarding his primary on site helicopter operations. Brim informed Fleury and Faught
at a previous meeting that he would supply the City with the data once it was
compiled. The study measured decibels around the perimeter of the Airport with the
helicopter flying at various locations on the Airport proper. DeBoer states that he is
opposed to creating a sub committee; he questions how the policy or ordinance
would be enforced on site. would violators be given citations or sent to court? He
would like to continue the good neighbor policy and work with operators and
neighbors to reduce impact. DeBoer believes that if you start regulating airport
noise. the regulations will keep intensifying until the Airport is shut down completely.
Skillman agrees with DeBoer's statement. Wolske would still like the Commission to
look into the situation of noise management before the next on site helicopter
training session that Brim Aviation is planning. Joseph Rice from Brim Aviation
comments that any policy will have to apply to all airport users to fall under the Fair
Treatment Act. Rice also states that most people are used to truck, car and plan
traffic in that area and that the helicopters stand out more because of their unique
noise signature that people do not hear on a daily basis. Rice also comments that
Brim Aviation has tried to mitigate the noise created on site by flying offsite as much
as possible, but some days they need to be on site to perform their required training
duties. Rice also states that only 20% of the flying time attributable to the previous
training contract was on site. the other 80% of flying time was performed off site.
Scott agrees that Brim Aviation has gone above and beyond to mitigate the noise
created on site. Skillman states that he lives in the Oak Knoll subdivision and that the
noise created by full runups from Sky Aviations jet are much louder then the
helicopter activities on site. but the extended duration of helicopter noise creates
the issue. Bender comments that as Airports expand there is more and more
pressure put on them for noise abatement and they must remain vigilant regarding
noise issues. Skinner states his biggest concern is the training footprint on site and
making sure that Brim Aviation is in an area that is safe for all Airport users. Skinner
also believes that continuing with the good neighbor policy is the best way to
proceed. Moen remarks that she wants to make sure the Commission does its due
diligence with regards to the noise abatement. DeBoer would like the Commission
to review Brims sound study data and discuss again.
B. Airport Day: Zeve was very impressed with the overall outcome of Airport Day. He
thought the Civil Air Patrol provide valuable assistance with parking and marshaling
and the vendors. exhibits and flight simulator were all very impressive. Wolske
thought Brim Aviation did a very good job at cleaning and organizing the site
before Airport Day and that he was pleased with the overall outcome and effort by
all involved. Skinner was also pleased with the CAP effort and he felt the turnout was
somewhat subdued do to the poor weather. He also states that he had to work with
C:IDOCUME-1\shipletdILOCALS-1ITempIXPGrpWiselJune 1 2010.doc 2
the gyrocopter operator to find a safer place operate on site during the activities.
Zeve felt that there should be a larger effort put into the advertising of Airport Day
locally. Zeve asks if there are funds available to the Commission to assist in the
advertising on next years Airport Day. Hendrickson that Ashland's Airport Day is the
. best kept secret in the Valley and it's the Commission obligation to assist in the
Marketing efforts. Fleury states that he was able to post a news article on the City of
Ashland home page and that he uploaded the flyer produced by Michelle Scarlatta
from Brim Aviation as part of the Article. Fleury was also able to have a small
paragraph placed in the monthly utility billing news letter. Fleury was unable to
obtain the Main st. banner for the week before because it was booked prior to the
Commission knowing the date of Airport Day. The sooner that the Commission knows
the date of next years Airport Day the sooner Fleury can make the request for the
Main St. banner. along with creating specific information on the Airport section of
the website. DeBoer thinks that some people should band together and re-establish
the airport users group and this group could help market next years Airport Day.
Zeve is interested in how to re-establish the airport users group. DeBoer states that
you would need a president. vice-president and treasurer to start the group back
up. Zeve asks Commission members if they would be interested in setting up the
airport users group. Wolske and Hendrickson volunteer to help re-establish group.
Bender would like to see Commission members travel around to the various schools
in the Valley distributing and talking to people regarding future Airport Days.
C. Airport Reliever: Bender asks about the status of trying to define the Ashland Airport
as a reliever to Medford. Fleury states that he previously asked Dave Roberts but
had not heard an answer from him. The Ashland Airport has a new FAA Liaison and
Fleury will speak with him regarding the reliever status.
D. Transportation Commission: Wolske states that after a little work he was named to
the Transportation Commission as an ex-officio member. Wolske will see clarity on
what the exact status is of an ex-officio member. Silbiger informs the Commission
that Wolske should be able to participate in discussion, but not allowed to vote on
motions. Wolske to update Airport Commission on Transportation Commission items
each meeting.
7. AIRPORT MANAGER REPORT/FBO REPORT/AIRPORT ASSOCIATION:
A. Status of Airport, Financial Report. Review of Safety Reports: Skinner states that he
is starting to get a build up of retro-reflectors in his office from mowing on site.
Fleury to work with Peters and have the reflectors replaced. Skinner also informs
the Commission that overall activity is increasing at the Airport as the weather
improves.
B. Maintenance Updates - Faught informs Commission that at a previous meeting
with Brim they discussed work on site at the Airport and re-iterated the fact that
in order to perform any site work Brim must notify the City and obtain and
required permits. Maintenance work will continue as time and weather allow.
C. Brown Bag: Zeve attended brown bag meeting with Mayor. Zeve stated that the
Mayor was interested in Airport Day and that he invited the other Commission
members to attend.
C:IDOCUME-llshipletdlLOCALS-lITempIXPGrpWiseIJune 1 2010.doc
3
8. OTHER:
The meeting of the JC airport commission is the third Monday of the month at 12:00 PM.
9. NEXT MEETING DATE: July 6th, 9:30 AM
ADJOURN: Meeting adjourned at 11 :30
r
C:\DOCUME-1Ishipletd\LOCALS-1\TempIXPGrpWiselJune 1 2010.doc
4
CITY OF
ASHLAND
ASHLAND HISTORIC COMMISSION
Meeting Minutes
May 5, 2010
Community Development/Engineering Services Building - 51 Winburn Way - Siskiyou Room
CALL TO ORDER - REGULAR MEETING. 6:00 pm
Historic Commissioners Present: Terry Skibby, Alex Krach, Keith Swink, Sam Whitford, Allison Renwick, Henry Baker
Commission Members Absent: Dale Shostrom, Tom Giordano
Council Liaison: Russ Sibilger
High School Liaison: None Appointed
SOU Liaison: None Appointed
Staff Present: Planner: Derek Severson; Clerk: Billie Boswell
Because Chairman Shostrom was absent, Vice-Chair Skibby chaired the meeting.
APPROVAL OF MINUTES
Mr. Whitford moved to approve the April 7, 2010 minutes as presented and the motion was seconded by Mr. Baker. Mr. Swink
abstained due to being absent. The minutes were approved unanimously by the remaining Commissioners.
PUBLIC FORUM: There being no one wishing to speak, Vice-Chairman Skibby closed the Public Forum.
NEW BUSINESS:
A. Housing Type Assessment Update - Pat Acklin, SOU. Ms. Acklin provided an update to the Housing Type Assessment
study being done by her class. The students identified 15 study areas throughout the City by era developed and divided them
up between themselves. The students cataloged each study area by the predominate architectural styles and did a Powerpoint
presentation with graphs and pictures to the Historic Commissioners.. Ms. Acklin shared that after the results were finalized by
Tom Hubka. they would be compiled into a book and would also show exampies of "good" and "bad" remodels. The
Commissioners were very impressed by the presentation and asked if they could receive a copy when the book is completed.
PUBLIC HEARING:
PLANNING ACTION: 2010-00425
SUBJECT PROPERTIES: 51 Winburn Way & Calle Guanajuato
APPLICANT: City of Ashland/Ashland Parks & Recreation
DESCRIPTION: A request for a modification of the existing Conditional Use Permit for the Lithia Artisans Guild to allow the
expansion of weekend open air artisans' market booth spaces into the paved parking area for the Community Development and
Engineering Services Building at 51 Winburn Way. This modification would provide space to shift booth spaces to the parking area
and is intended to facilitate outdoor dining and business access for businesses fronting on Calle Guanajuato.
COMPREHENSIVE PLAN DESIGNATION: Commercial Downtown; ZONING: C-1-D; ASSESSOR'S MAP#: 391 E 09BB; TAX LOT:
7500 & 14800
Mr. Severson explained that using the parking lot just north of the Community Development & Engineering building would allow
space for the Lithia Artisan Guild to move their market booths to reduce the congestion to the entrance to the Calle Guanajuato
and to better facilitate business access and outdoor dining for those businesses along the creek. The result would be the loss of
four parking spaces.
There being no further questions and no one in the audience to speak, the public hearing was closed.
Mr. Whitford made a motion to recommend approval of/he project as presented. Mr. Swink seconded the motion and it was
approved unanimously.
,
Ashland Historic Commission Minutes
6130/2010
CITY OF
ASHLAND
PLANNING ACTIONS:. 2010-00355
SUBJECT PROPERTIES: 550 E. Main St.
APPLICANT: Dr. Allen Thomashefsky
. DESCRIPTION: A request for a Site Review and Conditional Use Permit for a 2 unit motel located at 550 E. Main St.
COMPREHENSIVE PLAN DESIGNATION: Commercial ZONING: C-1 ASSESSOR'S MAP#: 391E 09AC; TAX LOT: 14900
Vice-Chairman Skibby verified that there were no exparte contacts or conflicts of interest.
Mr. Shostrom explained that there was a prior hotel/motel use that was discontinued. The property owners now want to
reactivate that use. There would be no alterations to the eJderior except for possibly replacin9 windows and doors. Vice-
Chairman Skibby asked about parkin9 and Mr. Severson said there were existing parkin9 spaces available on site.
There was no one to speak so Vice-Chairman Skibby closed the public meeting.
Mr. Swink felt that replacin9 the existing windows with wood-sash, double-hung windows would be the most desirable. Ms.
Renwick would like to see the front door changed out to make it more architecturally compatible.
Ms. Renwick made a motion to recommend approval with the condition that exterior changes including window or door
replacements shall be reviewed by the Historic Commission's weekly review board for historic/architectural compatibility. Mr.
Krach seconded the motion and it was approved unanimously.
OLD BUSINESS:
A. Historic Preservation Week ("Old is the New Green" Mav 9-15-) - Ms. Boswell informed the Commissioners that no information
was received from the Chamber of Commerce regarding the Open House tours being organized.
B. Review Board Schedule
Ma 6-
Ma 13-
Ma 20-
Ma 27-
June 3'"
Te
Te
Te
Te
Te
BD-2009-01288
BD-2009-00711
PA-2009-00551
BD-2009-01226
PA-2009-00785
PA-2009-01520
PA-2010-00069
PA-2010-00355
Shostrom/Giordano
Renwick
SwinklShostrom
Skibb
Giordano
Whitford
Swink
Shostrom
Shostrom
Skibb
Ashland Historic Commission Minutes
613012010
CITY Or
ASHLAND
DISCUSSION ITEMS:
A. The June 2,2010 Commission meeting will be held at the Elks Lodge at 255 E Main Street at 6:00 pm. Specifics as to which
entry and where the meeting room is will be sent out with the agenda and packet information.
B. The Commissioners decided to retain 6:00 pm meeting time.
C. Mr. Baker asked about staff arranging a tour of Lithia Springs (Gun Club). Vice-Chair Skibby asked about the status of the
lease. Mr. Sibilger said an extension was given to complete environmental studies. The initial study does show significant lead
levels. Interim steps would be taken to protect historic areas and minimize further lead contamination. No clean up would begin
until a plan is approved. Mr. Sibilger confirmed that there was no indication of ground water leakage and no contamination of
the Lithia water. Mr. Baker asked about getting a copy of the report. Mr. Severson said he would email out a link.
D. Mr. Whitford asked if the Commissioners could be invited to a private party. Mr. Severson was concemed about a quorum
and the need to publicly notice the event. He said he would look into the requirements.
E. Mr. Severson said the applicants of the 85 Winbum Way project had asked to come to the June Commission meeting to
review potential designs. Mr. Whitford asked about the status of the re-zone application. Mr. Severson said the Council had
approved moving forward with the application. Ms. Renwick, representing the Historic Commission, attended a design
discussion meeting and explained that the applicant wanted to do a restaurant/wine bar or cafe concept that would tie into the
skating rink in the winter. The design would draw from architectural both the Community Center and Pioneer Hall buildings.
They recognized that the streetscape would be an important element of the project.
ADJOURNMENT
It was the unanimous decision of the Commission to adjoum the meeting at 7:30 p.m.
Ashland Historic Commission Minutes
6130/2010
CITY OF
ASHLAND
ASHLAND HOUSING COMMISSION
MINUTES
May 27,2010
CALL TO ORDER
Chair Steve Hauck called the meeting to order at 4:30 p.m. at the Community Development and Engineering Services Building
located at 51 Winburn Way, Ashland, OR 97520.
Commissioners Present: Council Liaison
Nikki Pons Eric Navickas
Nick Frost
Aaron Benj amin Staff Present:
Steve Hauck Linda Reid. Housing Specialist
Richard Billin Carolyn Schwendener. Account Clerk
Regina Ayars
Commissioners Absent: .
Jody Waters
APPROVAL OF MINUTES
Minutes from the March 25, 2010 meeting were approved as presented.
Chair Hauck requested to move the Public Forum to the end of tonight's meeting in order to accommodate Ashland resident,
Cate Hartzel. who could not be present until later in the evening. The Commissioners agreed to the change.
Commissioners welcomed new member Nikki Pons. Pons said she has been in Ashland since the year 2000, coming originally
from Oklahoma. She attended SOU and has a Bachelor's degree in sociology. Pons is very excited about serving on the
Commission and is eager to learn new things.
Hauck informed the Commission that new member lady Waters had a prior commitment and was not able to attend tonight's
meeting.
REPORTS AND UPDATES
Subcommittee Report
Finance - None
Education - None
Land Use - None
Liaison Reports
Council - Navickas reported that the Council had a special meeting May 26th to deliberate on the Croman Mill
Master Plan. The meeting has been continued to the June 1.2010 regular Council meeting date. Navickas anticipates
some changes as it moves forward.
Parks -Hauck acknowledged that the Parks department is moving forward with the Clay Street project.
School Board - At their April meeting the School Board discussed the properties they have outside the Old Mill
Village which they use for student housing.
Planning - Benjamin reported that the June 8, 2010 Planning Commission meeting experienced quite a heated
discussion regarding the satellite towers at the Ashland Cinemas Complex located at 1644 Ashland Street. Those who
testified were adamantly against it for various reasons. No decision was made.
Staff - Reid reminded the Commissioners that Project Homeless Connect will be taking place on June 25'" at the
Medford Armory from 8:00 am to 4:00 pm. This event welcomes the homeless population into the community.
The 'City of Ashland is working with the City of Medford and the Fair Housing Council to put on Fair Housing
trainings. A Training is being planned for June 29, 2010 at the Medford City Council Chambers with two more
trainings planned for October of this year.
Reid recently attended a conference called '~The Professionals Serving Veterans" Reid commented it was very
informative and they anticipate seeing a lot of veterans returning to OUf community.
Reid acknowledged that the City received more Community Development Block Grant funds this year then prior
years. $224.545.00; more money then they expected.
Eighty-eight million dollars will be coming to the State of Oregon from the US Treasury Department in the form of
T ARP funds. stated Reid. The program is called the Hardest Hit Housing Market Program. This money is given out
to states that are the most economically distressed and have unemployment rates of over 12%. The money will be
coming to Oregon Housing and Community Services. The Mayor has submitted a letter to OHCS advocating that the
majority (over 50% or more) of the funding be allocated to the counties which have unemployment rates of over 12%.
A resolution will be going to the council in June.
2010 CDBG ANNUAL ACTION PLAN PUBLIC HEARING
Hauck opened the public hearing.
On April 20'" the City Council allocated the funds for two proposals.
. Funding for Saint Vincent DePaul Home Visitation Program for emergency rental and utility assistance in the
amount of $30,000.
. $110,861 to Ashland Supportive Housing-Respite Home rehabilitation' of an existing housing unit to be used as a
respite home for peoples with disabilities.
The Council did not approve using the rest of the funds for the CDBG Recovery Act Energy Efficiency and Weatherization
Program but instead decided to allocate the remaining money to ADA improvements within the City.
Having no public input Hauck closed the public hearing.
Hillin/Ayars m/s to approve the 2010 CDBG Annual Action Plan as presented. Roll call: Billin. Ayars, Frost, Hauck,
Benjamin and Pons all voted yes. Motion passed unanimously.
REVIEW AND DISCUSSION OF NEW BOARDS AND COMMISSIONS RULES .
Reid said the new rules went into effect in March of this year. She higWighted some of the changes that will affect the
Commission.
. Any member who has two or more unexcused absences in a six month period shall be considered inactive and the
position vacant.
. A meeting of greater than one-half of the sitting members constitutes a quorum.
. Council Liaisons are not voting members.
The Commissioners discussed the situation with Frost who has missed two meetings in a six month period consequently, under
the new rules he would be inactive. Frost apologized for missing meetings and explained his absentees were due to family
health issues.
City staff made a recommendation that the Housing Commission forward a report to the Mayor and the City Council
requesting that due to Commissioner Frost's continued interest in serving on the Commission; the Housing Commission
recommends that Commissioner Frost is reappointed to his vacant seat.
Billin/Pons m1s that a leffer be drafted and forwarded to the Mayor regarding the reappointment of Frost. Voice Vote: All ayes, motion
passed.
Audience member, Rosemary Lazzari shared interest in becoming a Housing Commissionet.
2
SUBCOMMITTEE DISCUSSION
Ayars proposed that due to a lack of active participation this might be an appropriate time to eliminate the standing sub,committees and go to
Ad,Hoc Committees as needed. The Commissioners agreed that this was a good idea.
Ayars/Bil/in m/s that the Housing Commission dissolves the three standing Sub,CommiNee, Land Use, Finance and Education and initiates
the establishment of Ad,Hoc CommiNees as needed. Roll Call: Ayars, Billin, Frost, Hauck, Benjamin and Pons all voted yes. Motion
Passed unanimously.
PUBLIC FORUM
Cate Hartzel and Rosemary Lazzari, board members on the Housing Authority of Jackson County were present to speak. Hartzel brought a
story she had written regarding the Snowberry Brook affordable Housi,ng project in Ashland that HAJC are developing.
Hartzel requested that the Housing Commissioners write a letter to the City Council requesting the remainder of the Community
Development and Engineering Fees be waived. Hartzel does not believe that HAJC should have to return to the Council to request tl10se
fees waived rather the City should initiate it on their own.
Reid said the Housing Authority is scheduled to come to the July 19- meeting to ask about the fees. The Commissioners would like to
discuss this issue before making the recommendation. Put this on next month's agenda. Reid will invite Brandon Goldman to next month's
meeting to discuss the IGA.
JUNE 24th 2010 MEETING AGENDA ITEMS
Discussion of lack of Studio Apartments in the Community
Annual goal setting
Ad,Hoc Committee procedures
Snowberry Brook Comm,Dev Fees
Next Housing Commission Regular Meeting
4.30,6.30 PM Thursday June 24.,2010 Community Development Building
ADJOURNMENT - The meeting was adjourned at 6.00 p.m.
Respecffully submitted by
Carolyn Schwendener, Account Clerk
3
_~.,.--, \u '-''Y '1..,-......
.--~~,-~_. u v' (~.r-'~0
.-/ I "= -',
~/' ,------,' \
/./--;;--1 -;4 ,- "'\ \
< .7 I Wi fl rei T Y 0 F ~\\
; :l~II,;_~~Sr~LANRJ1'~
<JcrI~lSl~RTATION C()NfMISSION
~:'.= f \n,Jrrliursda -'Ma -2()'201OJI
',y/ ncd In Street
,;if> !I !"'\ /'DL
Ii!,: U-<, Minutes ___ -]
"'::::'~:-::,: " ~:;::''),': _,:,t ," ",_:,_<.,_",~"'iYT'?rsr~r::}," ." .
en ees:cEric'Heegc er"Steye!R)'an~;JMlia-S.omme;:,(;9liti'SWales, Mitt Warshawsk)', David Young
----=v:~:v<;;,_,,<~'.-(;::+-;'~ "<:' -',,-.')/
Absent: Tom Bumhain;~Steve Hauck, Brent Thompson
Ex Officio Members: Brandon Goldman, David Chapman, Larry Blake, Scott Hollingsworth, Kat Smith
Staff Present: Mike Faught, Nanc)' Slocum, Pieter Smeenk
I. CALL TO ORDER: 6:0 I PM b)' Chair Eric Heesacker. Commission welcomed Steve R)'an.
n. APPROVAL OF MINUTES:
Minutes of April IS and April 17, 2010 were approved as corrected.
m. PUBLIC FORUM:
No one spoke.
IV. ADJUSTMENTS TO THE AGENDA:
Faught asked that the agenda item "Policy for Establishing Shared Roadwa)'s" be postponed until
more time could be dedicated to the subject. Commission agreed and added several items for
discussion to Olson's staff report memo. .
V. ACTION ITEMS:
A. Adoption of Meeting Norms
The meeting norms were discussed at April's goal setting retreat and presented here for adoption.
Sommers suggested removing some wording from the fourth norm. Young moved to adopt the
following norms as amended. Swales seconded the motion and it passed unanimousl)'.
We the members and liaisons of the Transportation Commission commit to:
. Treat everyone with respect: We will express our opinions responsibly, focusing on the
issues and not on personal differences, and speak both honestly and kindly. The rest ofthe
norms are related to this one.
. Prepare adequately for the meeting and participate fully. We will have read, reviewed
or examined pertinent documents, gathered information or input, or simpl)' assessed our
own thoughts and ideas prior to the meeting.
. Not interrupt each other. We recognize that we all intenupt at times by mistake or to
build on others' statements. However, we will strive to allow each person the space to
finish his or her thoughts.
C:\OOCUME-I\shiplctd\LOCALS-l\Temp\XPGrpWise\5 2010 TC Minutes.doc
Page I 01'4
. Express ourselves concisely. This norm recognizes the value of each other's input and
time.
. Engage each other's thoughts, ideas and opinions. We recognize the value and richness
of a meeting when everyone has a chance to participate. This norm also includes gracious
acceptance of opinions different from our own.
. Stay focused on the topic under discussion. We will stay focused on the agreed-upon
topics unless the group makes a conscious decision to alter the agenda.
. Start and end meetings on time and arrive at meetings punctually. We need to respect
each other's time. The people who are present at the announced time should start without
waiting for anyone not yet present
. The public is entitled to be treated with respect, courtesy and professionalism. We
strive to provide an atmosphere that fosters respect, trust, inclusiveness for members of the
public.
B. Adopt Commission Two Year Goals for 20 I 0
Staff presented a draft of the final six goals chosen at the recent goals setting session. The
Commission revised them as stated:
Transportation Commission Goals for 2010-2011
(24 month goals)
L TSP Update;
2. Identify and work to implement specific transportation safety projects or objectives that
could realistically be completed within the next two years while the TSP is in process;
3. Apply 5 E Principles (Engineering, Education, Encouragement, Enforcement and
Evaluation) to all transportation projects;
4. Continue progression toward the League of American Bicyclists' "Bike Friendly
Community" Platinum status;
5. Actively participate in local and regional partnerships to further multi-modal equity and
enhance safety;
6. Assist R VTD in achieving expanded regional transit services.
Motion.
Warshawsky moved to adopt the goals as revised above. Young seconded the motion and it passed
unanimously. The goals would be forwarded to the Council via the meeting minutes.
c: Additional Bicvcle Parking at North Main Street (Plaza)
Associate Engineer, Pieter Smeenk, presented the staff report. In March, 20 I 0 he proposed
converting the first space, which he considered dangerous to pedestrians as vehicles backed out, to
bike parking to make room for publication boxes. At that time Smeenk proposed converting eight
spaces to nine compact spaces. There was opposition to the plan by business owners concerned
with a reduced number of parking spaces and by Commissioners who did not think compact
C:\DOCUME-l\shipletd\LOCALS-l\Temp\XPGrpWisc\520 10 Te Minutes.doc
Page 2 of 4
spaces practicaL In response, he spoke to Mojie Takallou and the City's traffic engineer and
proposed to change the angle of entry to 75 degrees thereby eliminating the first two hazardous
parking spaces while also creating two additional spaces.
Young was in favor of the new plan and advocated removing bike racks from all downtown
sidewalks. He noted that Standing Stone employees actively used their new bike racks.
Warshawsky suggested that, since the parking would be restriped anyway, staff consider removing
the parking space at the comer of city hall adjacent to the crosswalk and replacing it with a bump
out to shorten the crossing distance. He thought overall the new plan encouraged congestion and
wondered about reconsidering back-in parking.
Swales agreed and wondered about funding a project with money that would benefit mostly those
that used the newspaper racks. He noted that delivery trucks ignored parking rules. He thought this
large amount of right of way was prime for creative solutions.
Young thought that solving individual safety issues was a priority over waiting for a downtown
master plan. He favored Warshawsky's suggestion. Ryan agreed that safety came first He also
thought citizens should decide what to do with the extra sidewalk space. Sommer favored new on-
street parking configuration and suggested landscaping and sidewalk dining for extra space.
Swales wondered if the island could be bumped out further into the right of way. Faught reminded
the Commission that City Council would make final decision. Young suggested emphasizing the
safety issues.
Motion.
Warshawsky moved to recommend accepting Staffs revised plan replacing the space adjacent to
City Hall with bicycle or motorcycle parking while increasing the bumpout in front of Mix Sweet
. Shop to square comer. The motion includes making the area in front of Mix Sweet Shop into
sidewalk dining to help compensate for the cost of project Young seconded the motion and it
passed unanimously.
Young, Swales and Chapman volunteered to assist Smeenk with the design.
D. Policv for Establishing Shared Roadwavs
This item was tabled until June's meeting. (See Section IV, Adjustments to the Agenda.)
VI. NON ACTION ITEMS
A. TSP Update
Approval of the Intergovernmental Agreement with ODOT will come before the Council on June
I". The agreement includes a $175,000 grant
B. Croman Traffic Impact Analysis Review
Brandon Goldman, Senior Planner, reported that the Croman Traffic Impact Analysis was recently
updated in regards to the phased street improvements in the Croman Mill District The update was
in response to concerns raised at the Planning Commission public hearing regarding the Phase II
route through ODOT and private properties. Other revised mitigation options include:
. Central Bv at Tolman Creek Rd would need traffic signal;
. Tolman Creek at Mistletoe Rd would need a traffic light on Tolman and right hand
turn lane on Mistletoe;
. Ashland St and Tolman Creek Rd would need both a left and right hand turn lane on
C:\DOCUME-l\shipletd\LOCALS-l\Tcmp\XPGrpWise\5 2010 TC Minutes.doc
Page 3 of 4
Ashland Street;
. Ashland St at Washington St would need a right in / right out from and to Ashland St
or signaL
C. MPO Update
Chapman reported that he and Faught were liaisons to the Rogue Valley Metropolitan Planning
Organization (MPO). He said the goals were to maintain the Regional Transportation Plan from
2009-2034; the Surface Transportation Program federal funding administration; and the Unified
Planning Work Program that described activities for the coming year.
Current projects include examining ways private enterprise could pay for infrastructure with tax
incentives and adopting the Transportation Improvement Program (TIP) list.
D. CDBG Block Grant Update
On April 20, 2010 the City Council awarded this year's Community Development Block Grants
(CDBG). There were carry over funds that Councilor Chapman suggested be applied to ADA
transportation-related projects. The former Traffic Safety Commission had suggested retrofitting
one or two traffic signals with audible signals. Ryan added that additional signals could be added
as part of the Street Department's regular maintenance schedule.
Filling the open tree wells on Lithia Way was also suggested as well as developing a data base of
routes and spaces that need attention. Faught said staff would begin a database. He suggested
forwarding additional ideas to Affordable Housing Specialist, Linda Reid.
VII. INFORMATIONAL ITEMS & COMMISSIONER COMMENTS:
Sommer asked that the Commission develop a list of projects to be completed within the next two
years. She suggested placing this item on June's agenda. Commission agreed.
Fire Captain, Scott Hollingsworth reported that the bike swap netted $3,300 this year. The Bicycle
Transportation Alliance paid the difference to keep bicycle safety classes to Ashland schools.
Hollingsworth noted a need for an additional $1,200 for helmets. Commission wanted to
brainstorm ways to make the bike swap more successful in the future.
Commission considered April's goal setting session successfuL
VIII. ADJOURN: 8.15 PM
Respectfully submitted,
Nancy Slocum, Accounting Clerk I
C:\DOCUME-l\shipletd\LOCALS-1\Temp\XPGrpWise\5 20 10 TC Minutes.doc
Page 4 of 4
CITY OF
ASHLAND
Council Communication
Meeting Date:
Department:
Secondary Dept.:
Approval:
Liquor License Application
July 20,2010 Primary Staff Contact:
City Recorder E-Mail:
None .,r1- Secondary Contact:
Martha Bennett V' ,,-$/ Estimated Time:
Barbara Christensen
christeb{al,ashland.or .us
None
Consent
Question:
Does the Council wish to approve a Liquor License Application from Torsten Hirche dba Apple Cellar
at 165 E Main Street?
Staff Recommendation:
Endorse the application with the following:
The city has determined that the location of this business complies with the city's land use
requirements and that the applicant has a business license and has registered as a restaurant, if
applicable. The city council recommends that the OLCC proceed with the processing ofthis
application.
Background:
Application is for new ownership.
,
The City has determined that the license application review by the city is set forth in AMC Chapter
6.32 which requires that a determination be made to determine if the applicant complies with the city's
land use, business license and restaurant registration requirements (AMC Chapter 6.32).
Related City Policies:
In May 1999, the council decided it would make the above recommendations on all liquor license
applications.
Council Options:
Approve or disapprove Liquor License application.
Potential Motions:
Approve or disapprove Liquor License application.
Attachments:
None
Page I of 1
~.l"
CITY OF
ASHLAND
Council Communication
Continuation of a Public Hearing on the adoption of amendments to Chapter 18.62
of the Ashland Land Use Ordinance, Chapter 15.10 of the Ashland Municipal
Code, and FEMA Flood Insurance Rate Maps.
July 20,2010 Primary Staff Contact: Brandon Goldman
Community Development E-Mail: goldmanb(al.ashland.or.us
None Secondary Contact: Bill Molnar
Martha Bennett ~c-- Estimated Time: Consent
Meeting Date:
Department:
Secondary Dept.:
Approval:
Question:
Should the Council continue the public hearing on adoption of amendments to Chapter 18.62 (Physical
and Environmental Constraints), Chapter 15.10 (Flood Damage Prevention Regulations) of the
Ashland Municipal Code, and revisions to the FEMA Flood Insurance Rate Maps?
Staff Recommendation:
Staff recommends the Council continue the public hearing on the adoption ofihe revised FEMA Flood
Insurance Rate Maps, and related Land Use and Building Code amendments regulating development
within designated flood hazard areas, from July 20,2010 to September 21,2010.
Background:
The Planning Commission held a public hearing regarding the proposed code amendments and
adoption of the revised FEMA Flood Insurance Rate Map (FIRM) on June 8, 2010. The Council
public hearing on this item was tentatively scheduled for the July 20,2010, and was announced at the
June 8, 2010 Planning Commission meeting. Subsequent to this public hearing the City was informed
that the City of Central Point and Jackson County have each independently appealed the Jackson
County Flood Insurance Study that formed the basis of the new FIRMs. Until this appeal is resolved
the City of Ashland can not adopt the revised FEMA Flood Insurance Rate Map In the event there is
not a resolution to the appeals by September 21, 2010, staff will recommend an additional continuance
at that time.
Related City Policies:
Section 18.108.170
Council Options:
Continue the public hearing to a date certain.
Potential Motions: I
Move to continue the public hearing adoption of ordinances amendments to Chapter 18.62 Physical
and Environmental Constraints of the Ashland Land Use Ordinance (ALVO), Chapter 15.10 of the
Ashland Municipal Code, and revisions to the FEMA Flood Insurance Rate Maps from July 20, 2010
to September 21,2010.
Attachments:
None.
Page 1 of I
r.t. ,
CITY OF
ASHLAND
Council Communication
Meeting Date:
Department:
Secondary Dept.:
Approval:
Appointment of Judge Pro Tern
July 20,2010 Primary Staff Contact:
Administration E-Mail:
Municipal Court 1"1' Secondary Contact:
Martha Bennett f p<,C/ Estimated Time:
Martha Bennett
bennettm@ashland.or.us
Judge Pamela B. Turner
Consent
Question:
Will Council approve the Mayor's request for Judge Allen Drescher to be re-appointed as Ashland
Municipal Judge Pro Tern?
Staff Recommendation:
Approve appointment of Judge Allen Drescher as Ashland Municipal Judge Pro Tern.
Background:
Under AMC, Section 2.28.200, the Mayor, with confirmation by the Council, may appoint a Judge Pro
Tern.
They 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. Judge Allen Drescher was Pro Tern Judge from 2007
until October of2009 when he resigned due to a conflict between a client of his and the City of .
Ashland. That conflict has now been resolved, and Judge Pamela Turner has requested he be re-
appointed.
Related City Policies:
AMC S 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
AMC S 2.28.200
Page 1 of 1
~.t. 1
CITY OF
ASHLAND
June 28, 2010
Mayor Stromberg
20 East Main Street
Ashland, OR 97520
Dear Mayor Stromberg,
Pursuant to Ashland Municipal Code, Section 2.28.200 (attached), I would like to recommend.that
former Ashland Municipal Judge Allen Drescher be re-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. Former Ashland Judge Allen Drescher was appointed by Mayor Morrison and
confirmed by the City Council in July 2007 as a Judge Pro Tern. He resigned in October 2009 because
of a conflict created by his representation of a client which involved the City of Ashland. That conflict
no longer exists and I am requesting that he be reappointed, subj ect to your approval and that of the City
Council.
Very Truly Yours,
f~~~~
Pamela B. Turner
Ashland Municipal Judge
Ashland Municipal Court
1175 East Main Street
Ashland, Oregon 97520
www.ashland.or.us
phon.: 541-482,5214
F ale 541-488,5586
m. 800,735,2900
~.l'
City of Ashland, Oregon - Municipal Code
Page 1 of 1
2.28.200 Municipal Judge--Pro tempore
The Mayor, with confirmation by the City Council, shall appoint a Municipai 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 dismissai 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 519, 1965; Ord. 226655, 1983; Ord. 2268, 1983)
http://www.ashland.or.us/CodePrintasp?CodelD= 1964
7/6/2010
CITY OF
ASHLAND
Council Communication
Meeting Date:
Department:
Secondary Dept.:
Approval:
Approval of a Special Procurement
Tyndale Company (Flame Retardant Clothing)
July 20,2010 Primary Staff Contact: Scott Johnson
Electric , E-Mail: iohnsons{alashland.oLus
Purchasing ...-t Secondary Contact:
~'",v
Martha Bennett ...., Estimated Time:
Consent
Statement:
Will the Council, acting as the Local Contract Review Board, approve a Special Procurement for the
direct award (purchase) of flame retardant clothing from the Tyndale Company for a period of five (5)
years?
Staff Recommendation:
Staff recommends that the Special Procurement for flame retardant clothing be directly awarded to the
Tyndale Company for a term of five (5) years, beginning July 1,2010 and ending June 30, 2015. This
Special Procurement will be subject to annual reviews to confirm it satisfies IBEW union
requirements, as well as the City's procurement policies.
Background:
A Special Procurement is a contracting procedure that differs from the procedures required for an
Intermediate Procurement (3-written quotes), Invitation to Bid or Request for ProposaL The proposed
procedure being recommended is direct award per the attached Request for a Special Procurement. For
additional information, please see the attached Special Procurement Request for Approval form.
Related City Policies:
The related rules of procedures are included in the attached Request for a Special Procurement.
Council Options:
The Council, acting as the Local Contract Review Board, can approve (or decline) the request for
Special Procurement.
Potential Motions:
The Council, acting as the Local Contract Review Board, moves to approve (or decline) the request for
a Special Procurement.
Attachments:
Special Procurement - Request for Approval Form
Letter from Tyndale Company
Page 1 of 1
~~,
CITY OF
ASHLAND
I FORM #9
SPECIAL PROCUREMENT
REQUEST FOR APPROVAL
To:
City Council, Loca] Contract Review Board
From:
Scott Johnson
Date:
July 9, 20]0
Subject:
REOUEST FOR APPROVAL OF A SPECIAL PROCUREMENT
In accordance with ORS2798.085, this request for approval of a Special Procurement is being presented
to the City Council for approval. This written request for approval describes the proposed contracting
procedure and the goods or services or the class of goods or services to be acquired through the special
procurement and the circumstances that justifY the use of a special procurement under the standards set
forth ORS 2798.085(4). '
L Requesting Department Name:
Electric Department
2. Department Contact Name:
Scott Johnson
3. Type of Request:
Class Special Procurement
X Contract-specific Special Procurement
4. Time Period Requested: From
Julv L 2010
To.
June 30. 2015
(Subiect to annual reviews)
5. Total Estimated Cost:
Total amount for FY 20 I 0-20 II ' $5.600.00
6. Supplies and/or Services or class of Supplies and/or Services to be acquired
Per International Brotherhood of Electrical Workers (IBEW) union contract. "If an employee is reouired to wear
a uniform, protective clothing or use any type of protective device. such article shall be provided. maintained
and cleaned bv the City." Each employee is provided a total of$300.00 for flame retardant clothing. There are
currently 14 employees who receive $300 for a total of$4200.00. In addition employers are also reouired to
provide hardhats. e:loves. ear orotection. eve protection and other oersonal orotective eQuioment which
amounts to approximately $1 AOO.OO per fiscal year.
7. Background and Proposed Contracting Procedure: Provide a description of what has been done
in the past and the proposed procedure. The Agency may, but is not required to, also include the
following types of documents: Notice/Advertising, Solicitation(s), Bid/Proposal Forms(s), Contract
Form(s), and any other documents or forms to be used in the proposed contracting procedure. Attach
additional sheets as needed.
Direct award
Form #9, Special Procuremenl- Request for Approval, Page 1 015, 7/1312010
8. Justification for use of Special Procurement: Describe the circumstances that justify the use ofa
Special Procurement Attach relevant documentation.
Tvndale Company sells all three manufacturers Tvndale. Carhart! and Bulwark that are known to
sell flame retardant clothing. But. Tvndale can only be purchased directly from Tvndale.
Tvndale is manufactured in the United States. which meets the City's procurement policy (Resolution
2008-45) to purchase "SWEATSHOP FREE".
Carhart! is manufactured inside and outside the United States (primarily Mexico). And. Bulwark is
manufactured outside the United States.
Tvndale has an account set UP for the City of Ashland. as well as irtdividual accounts set up for each
of the City's employees. Tvndale directly invoices the City for up to $300.00 for each employee and
directly invoices the employee for the amount that exceeds $300.00.
9. Findings to Satisfy the Required Standards: This proposed special procurement:
X (a) will be unlikely to encourage favoritism in the awarding of public contracts or to
substantially diminish competition for public contracts because:
Tvndale Company sells all (3) manufacturers. but out of the three only Tvndale is manufactured solely
'in the United States. Therefore. buying Tvndale satisfies the City's "SWEATSHOP FREE"
procurement policy (Resolution 2008-45).
(Please provide specific infonnation that demonstrates how the proposed Special Procurement meets this requirement.); and
(b)(i) will result in substantial cost savings to the contracting agency or to the public because.
Having "one" account set UP with Tvndale Company will eliminate the additional cost of having to set
up/manage accounts with multiple suppliers and process/issue multiple payments to suppliers as well
as process/issue multiple reimbursement checks to employees.
(Please provide the total estimate cost savings to be gained and the rationale for determining the cost savings); or
(b )(ii) will otherwise substantially promote the public interest in a manner that could not
practicably be realized by complying with the requirements ofORS 279B.055, 279B.060, 279B.065,
or 279B.070, or any rules adopted thereunder because: .
It is in the best interest of the City to have "one account" set UP with Tvndale Company to satisfY the
requirements of the IBEW union contract and the City's sweatshop free procurement policy.
(Please provide specific infonnation that demonstrates how the proposed Special Procurement meets this requirement.)
Fonn #9 ' Special Procurement - Request for Approval, Page 2 of 5, 7/13/2010
Public Notice:
Pursuant to ORS 279B.085(5) and OAR 137-047-0285(2), a Contracting Agency shall give
public notice of the Contract Review Authority's approval of a Special Procurement in the
same manner as a public notice of competitive sealed Bids under ORS 279B.055(4) and
OAR 137-047-0300. The public notice shall describe the Goods or Services or class of Goods
or Services to be acquired through the Special Procurement. The Contracting Agency shall
give such public notice ofthe approval of a Special Procurement at least seven (7) Days
before Award of the Contract.
Date Public Notice first appeared on www.ashland.or.us-.July 21. 2010
*** PENDING COUNCIL APPROVAL ON JULY 20, 2010 ***
PUBLIC NOTICE
Approval of a Special Procurement
First date of publication: Julv 21. 2010
A request for approval of a Special Procurement was presented to and approved by the City
Council, acting as the Local Contract Review Board, on July 20. 20 J O.
71u: City i1ltend\' to directly award ~ contract to Tyndale COlllpa1lyf{J/jlame retardalll clothing
Per Infernal/onal Brotherhood of Electrical Workers (1BI'::I1') union con/rael, "{{an emp/o,vee L<; required to
wear a lllltfhrm, protecli~'e clothing or use an,v f;'-PC (~rprotcclive de\'ice, sllch article shall be pr()I'ided.
mailllained (lnd deaned b:v the City. " Each f.!mpl(~vee isprm'ided a lotal of$300.00 forflmne reTardant
clothing. I7lere are curren/I)' 14 employees who receive $300 j(H' a to/al 01$4,200. 00 perJiscal year.
The Tvndale Compa1lv sellsflame retarda1lt clothing that is manufactured by Tyndale, Carhartt
a1ld Bulwark However, Tvndale is the o1lly o1le that is solely 1IJaIl/!fi/ctured in the U1Iited
States a1ld i1l addition. satis)ies the City's s\1;eatshop.free procureme1lt polin! (Resolutioll :!008-
45). It is ill the best illterest of the Citv to have "one accO/lllt" set lip with TVlldale Companv to
satisJ)' the requirements of the IBEW IIlIion cOlltract and the City's sweatshop.free procurement
policy.
It has been determined based on written findings that the Special Procurement will be unlikely
to encourage favoritism in the awarding of public contracts or to substantially diminish
competition for public contracts, and result in substantial cost savings or substantially promote
the public interest in a manner that could not be realized by complying with the requirements
that are applicable in ORS 279B.055, 279B.060, 279B.065, or 279B.070.
An affected person may protest the request for approval of a Special Procuremenl'in
accordance with ORS 279BAOO and OAR 137-047-0300. A written protest shall be delivered
to the following address: City of Ashland, Kari OISOIl, Purchasing Represelllative, City or
Ashland, 90 N MOl/lllain, Ash/and, OR 97520. The seven (7) protest period will expire at
5:00pm onJu~}' 28,2010.
This public notice is being published on the City's Internet World Wide Web site at least seven
days prior to the award of a public contract resulting from this request for approval of a Special
Procurement
Fonn #9, Special Procurement-Request for Approval, Page 301 5, 7/1312010
Authority to enter into a Special Procurement:
AMC Section 2.50.090
G. Special Procurements - a public contract for a class special procurement, a contract specific procurement or
both, based upon a contracting procedure that differs from procedures deseribed in ORS 2798.055, 2798.060,
2798.065,2798.070. The contracting approach may be custom designed to meet the procurement needs.
I. Special procurements shall be awarded in' accordance with ORS 2798.085 and all other applicable
provisions of law.
ORS 2798.085 Special procurements. (I) As used in this section and ORS 2798.400.
(a) "Class special procurement" means a contracting procedure that differs from the procedures described in ORS
2798.055,2798.060, 2798.065 and 2798.070 and is for the purpose of entering into a series of contracts over time or for
multiple projects.
(b) "Contract-specific special procurement" means a contracting procedure that differs from the procedures described in
ORS 2798.055, 2798.060, 2798.065 and 2798.070 and is for the purpose of entering into a single contract or a number of
related contracts on a one-time basis or for a single project.
(c) "Special procurement" means, unless the context requires otherwise, a class special procurement, a contract-specific
special procurement or both.
(2) Except as provided in subsection (3) of this section, to seek approval ofa special procurement, a contracting agency
shall submit a written request to the Director of the Oregon Department of Administrative Services or the local contract
review board, as applicable, that describes the contracting procedure, the goods or services or the class of goods or 5elVices
that arc the subject of the special procurement and the circumstances that justify the use of a special procurement under the
standards set forth in subsection (4) ofthis section.
(3) When the contracting agency is the office of the Secretary of State or the office of the State Treasurer, to seek
approval of a special procurement, the contracting agency shall submit a written request to the Secretary of State or the State
Treasurer, as applicable, that describes the contracting procedure, the goods or services or the class of goods or services that
are the subject of the special procurement and the circumstances that justify the use of a special procurement under the
standards set forth in subsection (4) of this section.
(4) The director, a local contract review board, the Secretary of State or the State Treasurer may approve a special
procurement if the director, board, Secretary of State or State Treasurer finds that a written request submitted under
subsection (2) or (3) of this section demonstrates that the use of a special procurement as described in the request, or an
alternative procedure prescribed by the director, board, Secretary of State or State Treasurer:
(a) Is unlikely to encourage favoritism in the awarding of public contracts or to substantially diminish competition for
public contracts; and
(b)(A) Is reasonably expected to result in substantial cost savings to the contracting agency or to the public; or
(8) Otherwise substantially promotes the public interest in a manner that could not practicably be realized by complying
with requirements that are applicable under ORS 2798.055, 2798.060, 2798.065 or 2798.070 or under any rules adopted
thereunder.
(5) Public notice of the approval of a special procurement must be given in the same manner as provided in ORS
2798.055 (4).
(6) Ifa contracting agency intends to award a contract through a special procurement that calls for competition among
prospective contractors, the contracting agency shall award the contract to the offeror the contracting agency detennines to
be the most advantageous to the contracting agency.
(7) When the director, a local contract review board, the Secretary of State or the State Treasurer approves a class special
procurement under this section, the contracting agency may award contracts to acquire goods or 5elVices within the class of
goods or services In accordance with the tenns of the approval without making a subsequent request for a special
procurement [2003 c.794 !l57; 2005 c.103 !l8d; 2007 c.764 !l7]
Note: Sections 6 and 8, chapter 627, Oregon Laws 2009, provide.
Sec. 6. (I) The Legislative Assembly finds and declares that
(a) Automobile manufacturers in the United States have announced that economic conditions have caused or will cause
the manufacturers to terminate automobile dealership agreements with businesses in this state.
(b) The termination notices occurred after many automobile dealers purchased extra inventory from automobile
manufacturers in an effort to shore up the manufacturers' businesses.
(c) Manufacturers have announced that inventory the automobile dealerships purchased cannot be sold back to the
manufacturers.
(d) Automobile dealerships in this state are left with unsold automobiles and parts inventory that the dealerships cannot
return to automobile manufacturers and must sell, often to other dealers and often at a substantial loss.
(c) Substantial losses from tenninating the dealership agreements and leaving unsold inventorythrcatcns the viability of
dealerships in this state, which could in turn:
(A) Disrupt or reduce employment opportunities in communities that in some cases may have few alternative
opportunities for employment at a time in which unemployment in this state has increased significantly;
Fonn #9 ' Special Procuremenl- Request for Approval, Page 4 of 5, 7/13/2010
(B) Reduce state and local tax revenues and charitable contributions in communities that in some cases are already
vulnerable to poor economic conditions; and
(C) Reduce consumer choice and sources for parts and service for automobiles.
(f) The circumstances set forth in this subsection justity a detennination by a state contracting agency that:
(A) An emergency exists that warrants the state contracting agency's using the emergency procurement authority set
forth in ORS 2798.080; or
(B) Procuring automobiles that the state contracting agency requires and has authority to procure ITom an automobile
dealer in distressed circumstances can reasonably be expected to result in substantial cost savings to the state contracting
agency or the public, or otherwise substantially promotes the public interest, and warrants using the special procurement
authority granted under ORS 2798.085.
(2)(a) The Legislative Assembly encourages state contracting agencies that require automobiles and have procurement
authority to use the alternative procurement methods specified in subsection (I )(f) of this section to procure automobiles and
automobile parts ITom automobile dealers whose dealership agreements have been tenninated as part of a bankruptcy or
restructuring by an automobile manufacturer within 90 days before and 120 days after the effective date of this 2009 Act
[June 26, 2009]. ,
(b) The Legislative Assembly directs state contracting agencies that use the alternative procurement methods set forth in
subsection (1)(f) of this section to make a procurement described in paragraph (a) of this subsection to:
(A) Purchase only automobiles and automobile parts that meet specifications the state contracting agency developed in
the ordinary course of the state contracting agency's procurement process;
(B) Negotiate for and obtain discounts and other concessions ITom automobile dealers that will result in cost savings to
the state contracting agency and that are fair to the automobile dealers;
(C) Use contracting methods that ensure fairness and that are unlikely to encourage favoritism in awarding public
contracts or substantially diminish competition for public contracts; and
(D) When practicable, seek to make Procurements ITom disadvantaged, minority, women and emerging small business
enterprises certified under ORS 200.055. [2009 c.627 ~6] ,
Sec. 8. Section 6 of this 2009 Act is repealed on January 2, 2012. [2009 c.627 ~8]
OAR 137-047-0285 Special Procurements
(1) Generally. A Contracting Agency may A ward a Contract as a Special Procurement pursuant to the requirements
ofORS 2798.085.
(2) Public Notice. A Contracting Agency shall give public notice of the Contract Review Authority's approva.' of a
Special Procurement in the same manner as public notice of competitive sealed Bids under ORS 279B.055(4) and
OAR 137-047-0300. The public notice shall describe the Goods or Services or class of Goods or Services to be
acquired through the Special Procurement. The Contracting Agency shall give Affected Persons at least seven (7)
days from the date of the notice of approval of the Special Procurement to protest the Special Procurement.
(3) Protest. An Affected Person may protest the request for approval of a Special Procurement in accordance with
, ORS 2798.400 and OAR 137,047,0700.
Form #9 ' Special Procurement - Request for Approval, Page 5 of 5, 7/13/2010
.
,.....
/
"
G
TYNDALE
We Fit Your Bu.lne..
Service' Quality. Flexibility' Trust. Experience
./
January 13, 2009
Scott Johnson
City of Ashland
90 North Mountain Avenue
Ashland OR 97520
Dear Scott:
Please accept this letter In response to your request for Information regarding
Tyndale's compliance with the City of Ashland's 'sweatshop-free work environment'
requirements.
All Tyndale-manufactured apparel is Made In the US in facilities that follow US labor
laws and meet the standards associated with the 'sweatshop-free work
environment'. The locations of our US-based manufacturing facilities are
considered proprietary - we do not share location details with customers or
vendors. Manufacturing facilities are located in GA, KY, NC, NY, PA, TN and TX.
Carhartt product manufacturing is located outside the US (primarily in Mexico) and
In the US. Bulwark product manufacturing is located outside the US.
Please feel free to contact me with any questions at all.
B st re ards, h 1
arbara ~eorge z~ t<--
Marketing Director
Tyndale Company
Ty~dale Company, Inc. . www.TyndaleUSA.com . 800.356.3433
CITY OF
ASHLAND
Council Communication
Authorization to Solicit Proposals for Four Public Works Projects
Meeting Date: July 20,2010 Primary Staff Contact: James H. Olson
Department: Public Works/ Engineering E-Mail: olsonil@,ashland.oLus
Secondary Dept: Finance ,lit'} Secondary Contact: Michael R. Faught
Approval: Martha Bennett fl' f'I'v Estimated Time: Consent
Question:
Will the Council authorize the solicitation of formal bids and proposals for four public works projects?
Staff Recommendation:
Staff recommends that the Council authorize the solicitation of formal bids and proposals for four
public works projects.
Background:
Executive Summarv
Ordinance No. 3013 which was approved on May 19, 2010 requires that the Council, acting as the
Local Contract Review Board (LCRB) authorize solicitations of competitive sealed bids and proposals
for projects in excess of $1 00,000 for public improvements and $75,000 for personal services.
The engineering staff is currently preparing bidding documents for four public works projects and
requests authorization to advertise the following projects:
1. 2010 SIDEWALK CONSTRUCTION PROJECT NO. 2008-17
2. JEFFERSON AVENUE EXTENSION PROJECT NO. 2005-10
3. 2010 STREET OVERLAYS PROJECT NO. 2010-10
4. QUALIFIED ENGINEERING SERVICE PROVIDER POOL
Each ofthe projects is further defined below.
2010 Sidewalk Construction Proiect No. 2008-17
This is an annual project developed to construct concrete sidewalks on existing streets. This project
satisfies the public works department's goal to install approximately one mile of new sidewalk each
yeaL This year sidewalks are planned for Oregon Street, Walker Avenue, Frances Lane, First Street,
Granite Street and other locations. The estimated cost of this project is approximately $230,000 which
amount is included in the FY2011 budget
Jefferson Avenue Extension Proiect No. 2005-10
The final permit for this project was received last week from DSL enabling this project to move into
the bidding phase. This project will connect the two currently dead ended sections of Jefferson Ave. by
constructing approximately 700 feet of street and will include construction of all utilities, storm drains,
curbs and gutters, sidewalks and a asphalt paved surface. The estimated cost of this project is $700.000
which amount is included in the FY2011 budget
Page I of2
r~'
CITY OF
ASHLAND
,
2010 Street Overlav Proiect No. 2010-10
One element of the City's pavement maintenance program is the application of overlays over existing
asphalt pavement surfaces. Overlays are applied to the surface of weathered asphalt streets to seal the
surface and to improve the structural integrity of the street This treatment adds several years oflife to
the pavement This is an annual effort, with streets selected from a computer generated list This year
the streets to be overlayed include Allison Street and N. Mountain Avenue from Hersey St to 1-5. The
current budget for this project is $625,000.
Oualified Engineering Service Provider Pool
Ordinance No. 3013 has made it possible for the City to establish a pool of pre-qualified engineering
service providers so that the process of selecting engineers or other professionals can be streamlined
and shortened. Under this process a pool of qualified engineers can be created through a full formal
RFP process. Engineers can then be selected from this pool based upon cost and their ability to meet
the City's needs. This selection process will reduce the time needed to process a standard RFP from
over 2 months to approximately 2 weeks, resulting in a substantial savings in labor costs.
Related City Policies:
Ordinance 3013, enacted on May 19, 2010, establishes certain rules and guidelines pertaining to public
contracting and personal service contracts. The ordinance also adopted the Oregon Public Contracting
Code and Attorney General's Model Rules for public contracting.
Council Options:
. The council may authorize the solicitation of bids and proposals for the four projects listed.
. The council may remove one or more of the four listed projects.
Potential Motions:
. Move to authorize the solicitation of bids and proposals for the four listed public works projects
. Move to revise the list of projects to be authorized for solicitation of bids and proposals
Attachments:
. Vicinity Map
Page 2 of2
r~'
1
KEY
-e,gp._
:' :_F........
iiii,..."",
CIllU'1lJ"
Olle inch = 2,500 feet
- -
o 0.25
',.....;,::0.;'
,., -..
. "~':"'.i"'- ;-~..-.
I
""~; WIMER ST ~
""-:.1:.-;,_:'"
" '\
an Of ASI/l.>>Il)
I'\IBIJC"fo'ORKSllEl'T.
DlC:N!DJIfG lilY.
0.5
\.
C\ I
~."" ,-,
"S. ,.., .".::,. ":"
~~~f~!~ J~~,
.. "..:",. 3 .' ",":'.\ '>'~~/:-~:,:i~i:,
'"'11(:;i:~.:.}: ~:-:~~',,~. ~'r - ~, f--
,,'." .,~ ,illl
Ii'; il{~kl':i:
: I ")"'1 ~ ',.
"(;'~'il','~
'---'~:<. ~;:-T'
,;t~c:~~:~ll:;;.''- "
"
:,!
-"\.\
..;., ~.
N
A
0.75
;,,+.
-;,.,.. ~ 1
.\
.;'1, ,.1'
i..
.._ic_,'._.:'
. -:1. ~_ _'
'-:'''(J.,'-'-
, .\
CITY OF
ASHLAND
VICINITY MAP 2010
,i."/
~.
;J~I
,<'I
Upcominq Public Works Proiects
1. Sidewalk Construction Proj
2. Street Overlays
3. Jefferson Ave. Extension
2
~';;'l"'s,,' \\
,:, !~J~~\~' '\v'-'7'\
'. [:::J " 'I
, ' ,..1
- \",1
",i ( ,I
.::,':."f:t".', ..7':"'~:ST-- ","
..' .' I " .. L ~ ,...J>-,~ ",_.,- -, " d~'
"' ~ ,. ....,,"'0: ~ ~-_.\i j " "'5
~'V:::~~::'~:".'''~:'~ ":' .,~ 1 Z
I:,);J', :~l;j i^iitl.rt-~& ~~::r' ~,
C'"''''4.. ".Jj:i. ;:.' (N,;
" ....1"-".3 ,
, .;';,'jl
.~.:._.",a
-r'
..+--,~
>
<
~
.
~
3
\/
.,
vicinity map 8x11 misc 6 2010.mxd
CITY OF
ASHLAND
Council Communication
Meeting Date:
Department:
Secondary Dept:
Approval:
Recommendation from the Public Art Commission
Reflections of Ashland: Utility Box Beautification Project
July 20,2010 Primary Staff Contact: Ann Seltzer
Administration E-Mail: seltzera@ashland.oLus
Electric ~ S,econdary Contact: Scott Johnson
Martha Bennett ~ ty.'v Estimated Time: Consent
Question:
Does the Council approve the recommendation ofthe Public Art Commission (PAC) to implement
another round of Reflections of Ashland: Utility Box Beautification Project?
Staff Recommendation:
Staff recommends Council approve the project
Background:
In June, a citizen selection panel selected designs for two previously identified utility boxes. One box
is located on the Plaza adjacent to the existing bicycle rack and the second is located on Helman Street
between Van Ness and Hersey Streets.
In July of2009 seven utility boxes were painted as part of the Utility Box Beautification Project
initiated by the Public Art Commission and funded with a grant from the Jackson County Cultural
Trust Since that time, the PAC has received a number of inquiries from businesses and neighborhoods
requesting nearby utility boxes be painted. The cost of each box is approximately $500. The box on
Helman Street is sponsored by Dreamsack and the Plaza box is a part of the City's downtown
beautification efforts,
The suggestion to paint utility boxes was raised by citizens during the Public Art Master Plan public
involvement period in early 2007 and the PAC spent several months identifying and researching other
communities that had launched a similar project
Reflections of Ashland: Utility Box Beautification Project celebrates community pride and involves the
painting of designated utility boxes. The PAC envisions this as an ongoing project happening to
eventually include selected utility boxes throughout Ashland.
This project meets the objectives in the Public Art Master Plan by elevating citizen and visitor
awareness of public art in Ashland and incorporating artistic elements into basic functional pieces
throughout the city. In addition, the project meets the Selection Guidelines for Works of Public Art
and Site Selection as detailed in AMC 2.17.
Pending Council approval of the selected designs, the boxes will be painted in August
Related City Policies:
AMC 2.17
Page I of4
~.l'
CITY OF
ASHLAND
Council Options:
Approve the recommendation ofthe Public Art Commission.
Do not approve the recommendation and provide feedback to the Public Art Commission.
Potential Motions:
I move to approve the recommendation of the Public Art Commission to implement Reflections of
Ashland: Utility Box Beautification Project?
I move to deny the recommendation of the Public Art Commission and
Attachments:
I. Photos of utility boxes identified forthe project and designs chosen by the selection paneL
Page 2 0[4
rA1
CITY OF
ASHLAND
.
. .
.,~
~
~-- ~
'S'
I
'ft.
'"""! U4J
~:..' ,.~~:." 1"
-.; ".
, 110
..~~
1"-.-=, ~
,_~f'. '<';~.':.,
~ .~.I"
..-- ,} . ,",
..~ I ., ' I. {'-
I // ~ -'
::'",..:" I
" ','"
--..:
,. ..,.
/
r
"
:)
'_1
'--
"In nearby Ashland Creek there were schools offish, perhaps salmon smolt (We hope there still are.)
The Plaza is sited where the people that settled Ashland built the first businesses and the citizen
gathered together. No doubt they found fish in the creek, as this kingfisher has always done, We still
gather at the Plaza. Let's live here mindful of the wildlife with whom we share this beautiful place"
Ann DiSalvo
Appendix 4
Utility Box Beautification Project: Reflections of Ashland
Design Template for Utility Box located in Ashland Plaza next to Bike Rack
Artist is encouraged to inspect Utility Box before rendering design
OveraU Dimel'l$ions: 30"H x 23"W x 53'l
"Ashland Creek Fish"
A".....'" 'D~S.o\\v-o ~"14'iz. 221>3
1'- 0. 17<>,"': 1'6~ A~/""-l"",J oR.. ~1~2o
~....,,(' r .1-.
"'K...@~~'''''''''''''''''''1
Ar1isI_ir"clud.Il>IMloI"lXlx~11C
lhe~bo><",IheOYerallclu9>and...I~C:O'IO<""'tlf
"'*'peir11ing 30'H ~ 24"W ~ 6'L
TOP
':.-"' ~.t.~~'4
I ,. J
<- - Dv-J
. .\!", :p'
~
,
..;:_-s;.--
<>
--
,~
"'-- _~_. ,.1"::..........
.- ~~ ~--~>-"~. ". ',.
~~~- ."_~ ~--~)k .....~ ~.- ('"
-'- ,-_" .',', -._. .__ 9 ;..'
---. "' - . - ~ -......
-.
~
-, ......~
SIDe 1 FACING TOWARDS BIKE RACK
SlOE 2
slOe 3 FACING TOWARDS PLAZA
SIDE 4
2""Hx3ffWx$3"L
Page3of4
r.t. ,
CITY OF
ASHLAND
Helman Street
"My painting will communicate the theme of Reflections of Ashland because this painting would
depict birds local to Ashland."
Lillian Thomas
,o,PlHlndl.2
Utility Box Beautification Project: Reflections of Ashland
Design Template
"BirdsofAUtland"
".
",'~" .
~,'p' .-:'--:'
,~.~-:F/'I- ;.;;"'~"~
'. ,,..-,~~~-
,':/;'--<~''';-~~
~/ -- '.;' . /' ---~, , '",,'
"'.~, - , ,I "JA "'. .1";./'
~' ~ .tf;l7v" , fr,~ ?_~ .
- -7..; ~'-=--:~:..........~ 'itr; :~I- . - ~ ~.;~1?.. ~~ ..,
'~.~':1,p;;.,-?"",,:""'-~~ "." c . I~~~..~--c.:.-
~~//""~ -- '~.' "".?, 'z>.'~-;s.A'.'_' ""'...,
. \:... ~"". //"..,...... -,~
SlOE I FACIrlGTOI'i'>'RDS STllECT
510(2
SIDE 3 rACING TQI'IARDS S1D"\"I~~~
S!D[4
Dim~:3O"Hx23'W1I&4"l
L,\\i(l\, Ihol'no'":;.
,
Page 4 of 4
r.,
CITY OF
ASHLAND
Council Communication
Meeting Date:
Department:
Secondary Dept.:
Approval:
A Resolution Updating the Identity Theft (Red Flag) Prevention Program and
Repealing Resolution 2008-36
July 20,2010 Primary Staff Contact:
Administrative Services E-Mail:
None ,\It'J Secondary Contact:
Martha Bennett Y'(l<'v Estimated Time:
Lee Tuneberg
tuneber1@ashland.or.us
None
Consent
Question:
Does Council wish to approve the attached resolution updating the program to protect its customers
from identity theft?
Staff Recommendation:
Staffrecommends Council pass the resolution updating the program and repealing 2008-36 that
originally established the program.
Background:
The City adopted an identity theft protection plan in October of2008 to be compliant with Section 114
of the Fair and Accurate Credit Transactions Act of2003.
The City implemented the adopted plan, in keeping with guidelines, and a group (known as the "Red
Flag Committee") routinely meets to:
L Discuss potential exposures to identity theft throughout the organization,
2. Identify occurrences that may represent attempts to steal a customer or customers' personal
identification information,
3. Take steps to protect data and train staff on policy requirements.
No material breach from an outside source has been identified to date and internal exposures have been
minimized through committee and staff work.
As part of its ongoing responsibility the Committee has reviewed the original policy and operational
, ,
practices and proposes minor changes to the policy that make it more readable and a better guideline.
A revised policy is provided to support the proposed resolution and a markup version of the 2008-36
policy identifies what has changed. Bolded words indicate additions, bracketed words indicate
proposed deletions and italics indicate the words that are provided for informational purposes.
Related City Policies:
City of Ashland Financial Management Policies, Budget Document Appendix
Council Options:
Council may approve this resolution as presented, recommend modifications as discussed or defer
acceptance (takes no action) awaiting further information or clarification.
Page 1 of2
~..
IF_ .,
Potential Motions:
Council moves to approve the resolution updating the program.
CITY OF
ASHLAND
Attachments:
Resolution Updating the Identity Theft Prevention Program and Repealing 2008-36
Resolution 2008-36
Marked up Identity Theft Prevention Program showing all changes
Page2of2
r~'
I
RESOLUTION NO.
A RESOLUTION UPDATING THE IDENTITY THEFT (RED FLAG)
PREVENTION PROGRAM REPEALING RESOLUTION 2008-36
THE CITY OF ASHLAND RESOLVES AS FOLLOWS:
SECTION L
That the City Council recognizes the importance of protecting its customers from attempts to
steal important personal information and to have an internal program that actively looks for such
activity.
SECTION 2.
That the City of Ashland maintains customer accounts for utility billing and other purposes that
meet the definition of "account systems" per Section 114 of the Fair and Accurate Credit
Transactions Act of2003.
SECTION 3.
That by adopting the attached program the City of Ashland is compliant with Federal and State
guidelines to ensure confidentiality of the personal information held by the City for customers
who maintain accounts for doing business with the City.
SECTION 4.
This resolution was duly PASSED and ADOPTED this , day of
,2010, and takes effect upon signing by the Mayor:
Barbara Christensen, City Recorder
SIGNED and APPROVED this _ day of
,2010.
John Stromberg, Mayor
Reviewed as to form:
Richard Appicello, City Attorney
Page 1 of 1
City of Ashland
Identity Theft Prevention Program
Effective beginning November I, 2008
Revised July, 2010
Page 1 of6
Prol!:ram Adoption
"-
The City of Ashland developed this Identity Theft Prevention Program pursuant to the
Federal Trade Commission's Red Flags Rule, which implements Section 114 of the Fair
and Accurate Credit Transactions Act of2003. 16 C.F:R. 681.2. This program was
developed with oversight and approval of the City CounciL After consideration of the
size and complexity of the city's operations and account systems, and the nature and
scope of the city's activities, the City Council determined that this program was
appropriate for the City of Ashland, and therefore approved this program on October 21,
2008.
Purpose
Creation and implementation ofthis Identity Theft Prevention Program for the City of
Ashland helps to identify, detect, mitigate, and update Red Flags that signal the
possibility of identity theft in connection with the opening of an account record or an
existing account record.
Red Flags Rule definitions used in this Program
According to the Rule, a municipality operating a utility is a creditor subject to the Rule
requirements. The Rule defines creditors "to include finance companies, automobile
dealers, mortgage brokers, utility companies, and telecommunications companies. Where
non-profit and government entities defer payment for goods or services, they, too, are to
be considered creditors".
All account records (including assessments and other receivables) that are individual
service accounts held by customers of the City whether residential, commercial or
industrial are covered by the Rule.
Definitions used in this Prol!:ram
Account Record(s)- City held customer records subject to this program.
Covered Account(s)- An account that the City offers or maintains, primarily for
personal, family or household purposes, that involves or is designed to permit multiple
payments or transactions by a customer.
Identifying Information- "any name or number that may be used, alone or in
conjunction with any other information, to identifY a specific person," including: name,
telephone number, social security number, alien registration number, government
passport number, employer or taxpayer identification number, unique electronic
identification number, corriputer's Internet Protocol address, or routing code.
Page20f6
Identity Theft-"fraud committed or attempted using the identifying information of
another person without authority."
Red Flag- "a pattern, practice, or specific activity that indicates the possible existence of
Identity Theft".
Other Account(s)-Any other account the City of Ashland offers or maintains for which
there is a reasonably foreseeable risk to customers or the safety and soundness of the City
of Ashland from identity theft, including financial, operational, compliance, reputation,
or litigation risks.
Identification of Red Flal!s
In order to identify relevant Red Flags, the city considers the types of covered accounts
that it offers and maintains, the methods it provides to open its accounts, the methods it
provides to access its accounts, and its previous experiences with Identity Theft. The
City identifies the following red flags, in each of the listed categories:
Suspicious Documents
I. Identification document or card that appears to be forged, altered or
inauthentic;
2. Identification document or card on which a person's photograph or physical
description is not consistent with the person presenting the document
Suspicious Personal Identifying Information
I. Identifying information presented that is inconsistent with other information
the customer provides (example: inconsistent birth dates);
2. Social Security number presented that is the same as one given by another
customer;
3. A person fails to provide complete personal identifying information on an
application when reminded to do so (however, by law social security numbers
must not be required); and
4, A person's identifying information is not consistent with the information that
is on file for the customer.
Suspicious Account Activity or Unusual Use of Account
L Change of address for an account record followed by a request to change the
account holder's name;
2. Payments stop on an otherwise consistently up-to-date account;
3. Account used in,a way that is not consistent with prior use (example: very
high activity);
4. Mail sent to the account record holder is repeatedly returned as undeliverable;
5. Notice to the City that a customer is not receiving mail sent by the Utility;
6. Notice to the City that an account has unauthorized activity;
7. Breach in the City's computer system security; and
Page 3 of6
8. Unauthorized access to or use of customer account information. (personal or
sensitive info)
9. Notice to the City from the customer, identify theft victim, law enforcement or.
other person that it has opened or is maintaining a fraudulent account record
for a person engaged in Identity left.
Detectiol! Red Flal!s
New Accounts
In order to detect any of the Red Flags identified above associated with the opening of a
new account record, city personnel will take the following steps to obtain and verify the
identity of the person opening the account:
1. Require certain identifying information such as name, date of birth, residential
or business address, principal place of business for an entity, driver's license
or other identification;
2. Verify the customer's identity (for instance, review a driver's license or other
identification card);
3. Identification number, which shall be
a. For a U.S. person, taxpayer identification number (social security
number), or (any state or Federal issued photo ill)
b. For a non U.S. person, one or more of the following: a taxpayer
identification number (social security number), passport number and
country of issuance; alien identification card number; or number and
country of issuance of any other government-issued document
evidencing nationality or residence and bearing a photograph or
similar safeguard.
4. Review documentation showing the existence of a business entity.
Existing Accounts
In order to detect any of the Red Flags identified above for an existing account record,
City personnel will take the following steps to monitor transactions with an account
record: .
1.' Verify the identification of customers if they request information (in person,
via telephone, via facsimile, via email);
2. Verify the validity of requests to change billing addresses; and
3. Verify changes in banking information given for billing and payment
purposes.
Preventiol! and Mitil!ation Identity Theft
In the event City personnel detect any identified Red Flags, such personnel shall take on
or more of the following steps, depending on the degree of the risk posed by the Red
Flag:
I. Continue to monitor an account for evidence of Identity Theft;
2. Contact the customer;
Page 4 of 6
3. Change any passwords or other security devices that permit access to the
accounts;
4. Not open a new account record;
5. Close an existing account record;
6. Reopen an account record with a new number;
7. Notify the Program Adrninistrator for determination of the appropriate step(s)
to take:
8. Notify law enforcement; or
9. Determine that no response is warranted under the particular circumstances.
10. Proposing log maintained in each department or central collection location.
Protect customer identifvinl! information
In order to further prevent the likelihood of Identity Theft occurring with respect to
Covered Accounts, the [Utility] City or Department will take the following steps with
respect to its internal operating procedures to protect customer identifying information:
1. Ensure that its website is secure or provide clear notice that the website is not
secure;
2. Ensure complete and secure destruction of paper documents and computer
files containing customer information;
3. Keep offices clear of papers containing customer information;
4. Ensure computer virus protection is up to date;
5. Information Technology Department (IT) is responsible to establish technical
controls to safeguard personal information stored in electronic format and to
document safeguard practices in writing;
6. Require and keep only the kinds of customer information that are necessary
for (utility) City or Department purposes;
7. Add the redacting information; and
8. Ensure giving things out over the phone is minimal and all other information
will be redacted.
Prol!ram Updates
The Program Administrator will periodically review and update this Program to reflect
changes in risks to customers and the soundness of the City from Identity Theft. In doing
so, the Program Administrator will consider the City's experiences with Identity Theft
situations, changes in Identity Theft methods, changes in Identity Theft detection and
prevention methods, and changes in the City's business arrangements with other entities.
After considering these factors, the Program Administrator will determine whether
changes to the Program, including the listing of Red Flags, are warranted. If warranted,
the Program Administrator will update the Program or present the City Council with his
or her recommended changes and the City Council will make a determination of whether
to accept, modify or reject those changes to the Program.
Page50f6
Prol!ram Administration
A. Oversight
Responsibility for developing, implementing and updating this Program lies with an
Identity Theft Committee for the City. The Committee is headed by a Program
Administrator who is appointed by the City Administrator. Two or more other
individuals appointed by the City Administrator or the Program Administrator comprise
the remainder of the Committee membership. The Program Administrator will be .
responsible for the Program administration, for ensuring appropriate training of City staff
on the Program, for reviewing any staff reports regarding the detection of Red Flags and
the steps for preventing and mitigating identity Theft, determining which steps of
prevention and mitigation should be taken in particular circumstances and considering
periodic changes to the Program.
B. Staff Training and Reports
City staff responsible for implementing the Program shall be trained either by or under
the direction of the Program Administrator in the detection of Red Flags, and the
responsive steps to be taken when a Red Flag is detected.
C. Non-disclosure of Specific Practices
For the effectiveness of this Identity Theft Prevention Program, knowledge about specific
Red Flag identification, detection, mitigation and prevention practices must be limited to
the Identity Theft Committee who developed this Program and to those employees with a
need to implement this program that list or describe such specific practices and the
information those documents contain are considered "security information" and are
unavailable to the public because disclosure of them would be likely to substantially
jeopardize the security of information against improper use, that use being to circumvent
the City's Identity Theft Prevention efforts in order to facilitate the commission of
Identity Theft.
~
Page 60f6
RESOLUTION NO. d008-3(P
A RESOLUTION TO ADOPT AN IDENTITY THEFT (RED FLAG)
PREVENTION PROGRAM
THE CITY OF ASHLAND RESOLVES AS FOLLOWS:
SECTION 1.
That the City Council recognizes the importance of protecting its customers from
attempts to steal important personal information and to.have an internal program that
actively looks for such activity.
SECTION 2.
That the City of Ashland maintains customer accounts for utility billing and other
purposes that meet the definition of "account systems" per Section 114 of the Fair and
Accurate Credit Transactions Act of 2003.
SECTION 3.
That by adopting the attached program the City of Ashland is compliant with Federal
and State guidelines to ensure confidentiality of the personal information held by the
City for customers who maintain accounts .for doing business with the City.
SECTION 4. .
This res9lutio.!l. was duly PASSED and ADOPTED this 7- / , day of
octo~ . 2008, and takes effect upon signing by the Mayor.
~~ .
'Barbara Christensen, City Recorder
SIGNED and APPROVED this ..l:l:.... day of ~ . 2008.
Reviewe~ as to form:
.
~
. Mayor
Attorney
Page 1 of 1
,-
City of Ashland
Identity Theft Prevention Program
Effective beginning November 1,2008
Revised July 2010
Annotated to show GalatiaRs and additions to the sections being modified.
Deletions are bold liRed tllrsygll and additions are bold underlined.
Pro!!ram Adoption
The City of Ashland developed this Identity Theft Prevention Program pursuant to the
Federal Trade Commission's Red Flags Rule, which implements Section 114 of the Fair
and Accurate Credit Transactions Act of2003. 16 C.F.R, 681.2, This program was
developed with oversight and approval of the City Council. After consideration of the
size and complexity of the city's operations and account systems, and the nature and
scope of the city's activities, the City Council determined that this program was
appropriate for the City of Ashland, and therefore approved this program on October 21,
2008.
Summary Purpose
Creation and implementation of this Identity Theft Prevention Program for the City of
Ashland helps to identifY, detect, mitigate, and update Red Flags that signal the
possibility of identity theft in connection with the opening of a covered account record or
an existing covered account record.
Red Flags Rule definitions used in this Program
The Red Flag Rule defines "Identity Theft" as "fraud committed or attempted using
the ideutifying infermation of auother persou without authority" aud a "Red Flag"
as "8 pattern, flFaetiee, or speeifie aeti~:itj' that iaElieates the possible existeaee of
Ideutity Theft".
According to the Rule, a municipality operating a utility is a creditor subject to the Rule
requirements. The Rule defines creditors "to include finance companies, automobile
dealers, mortgage brokers, utility companies, and telecommunications companies. Where
non-profit and government entities defer payment for goods or services, the, too, are to be
considered creditors",
All YtHity account records (including assessments and other receivables) that are
individual service accounts held by customers of the city whether residential, commercial
or industrial are covered by the Rule.
1. For the purposes of this Policy, the term "Covcred !.ccouut" means an
account that the eity offers or maintains, primarily for personal, family
or household purposes, that in'/olns or is desigued to permit multiple
payments or transactions and
2. f,u)' other aceount the Cil)' of !,shlandoffers or maintains for 'A'hieh
there is a reasonably fereseeable risl. to eustomers or the safety and
soundne~s ofthe Cil)' of ,"shland from identity theft, including financial,
operational, complianee, reputation, or litigation risks.
Definitions used in this Pro !!ram
Account Record(s)- City held customer records subiect to this proe:ram.
Covered Account(s)- An account that the City offers or maintains. primarilv for
personal. familv or household purposes. that involves or is desie:ned to permit
multiple payments or transactions bv a customer.
Identifvine: Information- "anv name or number that may be used. alone or in
coni unction with any other information. to identify a specific person." includine::
name. telephone number. social security number. alien ree:istration number.
e:overnment passport number. em plover or taxpayer identification number. unique
electronic identification number. computer's Internet Protocol address. or routine:
code.
Identity Theft-"fraud committed or attempted usine: the identifvine: information of
another person without authoritv."
Red Flae:- "a pattern. practice. or specific activity that indicates the possible
existence of Identity Theft".
Other Account(s)-Anv other account the City of Ashland offers or maintains for
which there is a reasonablv foreseeable risk to customers or the safety and
soundness of the City of Ashland from identity theft. includine: financial.
operational. compliance. reputation. or litie:ation risks.
"Identifying information" is defined under the Rule as "auy name or number that
may be used, alone or iu eoujuuetion with any other iufermation, to identify a
speeifie person," ineluding: name, address(is that publie information), telephone
RHHllteF, soeial seeurity BumheF, alien registratioB BumbeF, go.:eFRment passport
Bumber, employer or taxpayer ideRtifieatioR Humber, uRique eleetF9Rie
identifieation number, eomputer's Iuternet ProtoBol address, or routing Bode.
Identification of Red Flae:s
In order to identifY relevant Red Flags, the city considers the types of covered accounts
that it offers and maintains, the methods it provides to open its accounts, the methods it
provides to access its accounts, and its previous experiences with Identity Theft. The city
identifies the following red flags, in each of the listed categories:
Suspicious Documents
I. Identification document or card that appears to be forged, altered or
inauthentic;
2. Identification document or card on which a person's photograph or physical
description is not consistent with the person presenting the document.
Suspicious Personal Identifying Ioformation
I. Identifying information presented that is inconsistent with other information
the customer provides (example: inconsistent birth dates);
2. Social Security number presented that is the same as one given py another
customer;
3. A person fails to provide complete personal identifying information on an
application when reminded to do so (however, by law social security numbers
must not be. required); and
,4. A person's identifying information is not consistent with the information that
is on file for the customer.
Suspicious Account Activity or Unusual Use of Account
I. Change of address for an account record followed by a request to change the
account holder's name; (policy for those changes)
2. Payments stop on an otherwise consistently up-to-date account:
3. Account used in a way that is not consistent with prior use (example: very
high activity);
4. Mail sent to the account record holder is repeatedly returned as undeliverable;
5. Notice to the City that a customer is not receiving mail sent by the Utility;
6. Notice to the City that an account has unauthorized activity;
7. Breach in the City's computer system security; and
8. Unauthorized access to or use of customer account information. (personal or
sensitive info)
9. Notice to the City from the customer, identifv theft victim, law
enforcement or other person that it has opened or is maintaininl! a
fraudulent account record for a person enl!al!ed in Identitv Theft.
:'.Ierts from Others
Notiee to the City from the eustomer, identif)' theft ',ietim, law enfereement ar other
person that it has opened or is maintaining 'a fraudulent aeeount for a per"on
engaged in Identity Theft.
Detectinl! Red Flal!s
New Accounts
In order to detect any of the Red Flags identified above associated with the opening of a
new account record, city personnel will take the following steps to obtain and verify the
identity of the person opening the account:
1. Require certain identifying information such as name, date of birth, residential
or business address, principal place of business for an entity, driver's license
or other identification;
2. VerifY the customer's identity (for instance, review a driver's license or other
identification card);
3. Identification number, which shall be
a. For a U.S. person, taxpayer identification number (social security
number), or (anv state or Federal issued photo ID)
b. For a non U.S. person, one or more of the following: a taxpayer
identification number (social security number), passport number and
country of issuan,e; alien identification card number; or number and
country of issuance of any other government-issued document
evidencing nationality or residence and bearing a photograph or
similar safeguard.
4. Review documentation showing the existence of a business entity
~. IRdefleRdeRtly eORteet the eustomer (does Rot aflflly)
Existing Accounts
In order to detect any of the Red Flags identified above for an existing account record,
city personnel will take the following steps to monitor transactions with an account
record:
1. VerifY the identification of customers if they request information (in person,
via telephone, via facsimile, via email);
2. VerifY the validity of requests to change billing addresses; and
3. VerifY changes in banking information given for billing and payment
purposes.
Preventinl! and Mitil!ation Identity Theft
In the event city personnel detect any identified Red Flags, such personnel shall take on
or more of the following steps, depending on the degree of the risk posed by the Red
Flag:
I. Continue to monitor an account for evidence of Identity Theft;
2. Contact the customer;
3. Change any passwords or other security devices that permit access to the
accounts;
4. Not open a new account record;
5. Close an existing account record;
6. Reopen an account record with a new number:
7. NotifY the Program Administrator for determination of the appropriate step(s)
to take:
8. NotifY law enforcement; or
9. Determine that no response is warranted under the particular circumstances.
10. Proposinl! IOl! maintained in each department or central collection
location
I
Protect customer identifvin!! information
In order to further prevent the likelihood ofIdentity Theft occurring with respect to
~ Covered Accounts the City or department will take the following steps with
respect to its internal operating procedures to protect customer identifYing information:
1. Ensure that its website is secure or provide clear notice that the website is not
secure;
2. Ensure complete and secure destruction of paper documents and computer
files containing customer information;
3. Keep offices clear of papers containing customer information;
4. Ensure computer virus protection is up to date;
5. Information Technology Department (IT) is responsible to establish technical
controls to safeguard personal information stored in electronic format and to
document safeguard practices in writing; .
6. Require and keep only the kinds of customer information that are necessary
for atility Citv or Department purposes;
7. Add the redacting information; and
8. Ensnre giving things out over the phone is minimal and all other
information will be redacted.
Pro!!ram Updates
The Program Administrator will periodically review and update this Program to reflect
changes in risks to customers and the soundness of the City from Identity Theft. In doing
so, the Program Administrator will consider the City's experiences with Identity Theft
situations, changes in Identity Theft methods, changes in Identity Theft detection and
prevention methods, and changes in the City's business arrangements with other entities.
After considering these factors, the Program Administrator will determine whether
changes to the Program, including the listing of Red Flags, are warranted. If warranted,
the Program Administrator will update the Program or present the City Council with his
or her recommended changes and the City Council will make a determination of whether
to accept, modifY or reject those changes to the Program.
Pro!!ram Administration
A. Oversight
Responsibility for developing, implementing and updating this Program lies with an
Identity Theft Committee for the City. The Committee is headed by a Program
Administrator who is appointed by the City Administrator. Two or more other
individuals appointed by the City Administrator or the Program Administrator comprise
the remainder of the Committee membership. The Program Administrator will be
responsible for the Program administration, for ensuring appropriate training of City staff
on the Program, for reviewing any staff reports regarding the detection of Red Flags and
the steps for preventing and mitigating identity Theft, determining which steps of
prevention and mitigation should be taken in particular circumstances and considering
periodic changes to the Program.
B. Staff Training and Reports
City staff responsible for implementing the Program shall be trained either by or under
the direction of the Program Administrator in the detection of Red Flags, and the
responsive steps to be taken when a Red Flag is detected.
C. Non-disclosure of Specific Practices
For the effectiveness of this Identity Theft Prevention Program, knowledge about specific
Red Flag identification, detection, mitigation and prevention practices must be limited to
the Identity Theft Committee who developed this Program and to those employees with a
need to implement this program that list or describe such specific practices and the
information those documents contain are considered "security information" and are
unavailable to the public because disclosure of them would be likely to substantially
jeopardize the security of information against improper use, that use being to circumvent
the City's Identity Theft Prevention efforts in order to facilitate the commission of
Identity Theft.
CITY OF
ASHLAND
Council Communication
Meeting Date:
Department:
Secondary Dept.:
Approval:
Approval of Multiple Contract Awards for Water Treatment Plant & Waste
Water Treatment Plant Chemicals
July 20,2010 Primary Staff Contact:
Public Works E-Mail:
Purchasing ..A-~ Secondary Contact:
Martha Bennett p~\v Estimated Time:
Mike Faught
faughtm{alash land .or. us
Greg Hunter, David Gies
Consent
Statement:
Will the City Council, acting as the Local Contract Review Board, approve multiple contract awards
resulting from an Invitation to Bid for Water Treatment Plant (WTP) & Waste Water Treatment Plant
(WWTP) chemicals? '
Staff Recommendation:
Staff recommends the public contracts be awarded to the lowest responsive and responsible bidders as
follows: Brenntag (Soda Ash), Cascade Columbia (Sodium Hypochlorite 12.5%) and Univar (Cytec
Superfloc C-573 and Cytec Superfloc N-300 LMW Flocculant). The term for each of the intended
contracts is one fiscal year beginning July 1, 2010 and ending on June 30, 201 L
Background:
The sourcing method for this multiple contract award is a Competitive Sealed Bid (Invitation to Bid).
The City received four (4) bids in response to the ITB and the lowest responsive and responsible
bidders are as follows:
Sodium Sodium Cytec Superfloc Cytec Superfloc
Soda Ash Hypochlorite Hypochlorite C-573 N-300 LMW
(WTPI) 12.5% 12.5% (WTP) Flocculant
(WTP) (WWTP) (WTP)
Brenntag Cascade Columbia Cascade Columbia Univar Univar
FMC $0.1974/Lb Rasa $1.411Gal Rasa $1.411Gal Cylec $1.221/Lb Cytec $2.71/Lb
Total estimated cost Total estimated cost Total estimated cost Total estimated cost Total estimated cost
for FY 2010-2011 is for FY 2010-2011 is for FY 2010-2011 is for FY 2010-2011 is for FY 2010-2011 is
$32,391.30 $30,756.00 $3,882.00 $22,428.00 $3,784.72
A complete bid summary is attached for your review.
Related City Policies:
*PLEASE NOTE: This ITS was released prior to the new public contracting code becoming effective
June 18,2010; therefore the old code is applicable to this multiple contract award
Section 2.50.070 Procedure for Competitive Bids
All Public Contracts shall be based upon Competitive Bidding pursuant to ORS 279A - 279C and the
Attorney General Model Rules, OAR Chapter 137 Divisions 46 - 49, except for the following:
Page I of2
r~'
CITY OF
ASHLAND
Section 2.50.020 Pnblic Contracting Officer's Authority
A. Authority to Execute Contracts Without Prior Council Approval. The Public Contracting Officer
may execute without prior Council approval contracts that satisfy all of the following:
i. The contract has a total value of seventy-five thousand dollars ($75,000) or less;
Council Options:. l
The City Council, acting as the Local Contract Review Board, can approve (or decline) the multiple
contract awards.
Potential Motions:
I move to approve (or decline) the multiple contract awards.
Attachments:
ITB 2010-12, WTP & WWTP Bid Summary
Page 2 of2
r.t. ,
INVITATION TO BID 2010-102, WTP & WWTP CHEMICAL July 8, 2010
CHEMICAL BRENNTAG CASCADE SIERRA UNIV AR
COLUMBIA CHEMICAL
Hasa Sierra Hasa
WTP- $1.485/Gal $1.75/Gal $1.5375/Gal
CHEMICAL #1: 330 GallT ote 330 Gal/Tote 330 GallTote
SODIUM 6 Totes/$2940.30 6 Totes/$3465.00 6 Totes/$3044.25
HYPOCHLORITE Del $27.50 Del- Included Del $50.00 'One
12.5% *Must receive time/multiple items
(6) T otes/12 times 'Tote depositINot award for bleach Tote Deposit:
per year required and soda ash to $700/Each
accept award.
WTP- Cytec Cytec No Bid
CHEMICAL #2: $1.239/Lb $1.34/Lb
CYTEC 500 Lb/Drum 500 Lb/Drum
SUPERFLOC C- 4 Drums/$2478.00 4 Drums/$2,680.00
573 Del $27.50 Del $25.00
FLOCCULANT -
No Substitution
(4) Drums/Every 6
weeks on average
9 orders
WTP- NO BID Cytec No Bid Cytec
CHEMICAL #3: $3.09/Lb $2!>7jlm6
CYTEC $ 170.32/Bag $149.36/Bag
SUPERFLOC N- 6 Bags/$1021.92 6 Bags/$896.18
300 LMW Del $25.00 Del $50.00 'One
FLOCCULANT- time/multi Ie items
No Substitution timate
(6) Bags/Every 12 EM 2010-
weeks on average $f11l8~.r7.
4 orders
WTP- FMC Solvay FMC Univar
CHEMICAL #4: $0~1.917.1l~1i $0.238/Lb $0.27/Lb $0.265/Lb
SODA ASH, 50 Lb/Bag 50 Lb/Bag 50 Lb/Bag 50 Lb/Bag
DENSE, FREE 54 Bags/Pallet 49 Bags/PaIlet 54 Bags/Pallet 54 Bags/PaIlet
FLOWING ~ Or 216 Bags/$2131.92 196 Bags/$2332.40 216 Bags/$29 16.00 216 Bags/$2862.00
Equivalent Del $27.50 Del $25.00 Del - Included Del $50.00 'One
oml estimate *Must receive time/multiple items
(216) Bags/Every os! [0. &\1 2010 award on bleach
3-4 weeks on 2011 $il2 !.!I.3 and soda ash to
average (IS orders) acce t award. *
Hasa Hasa Sierra Hasa
$1.485/Gal $1.75/Gal $1.5575/Gal
WWTP- 330 Gal/Tote MQ 330 Gal/Tote 330 GalITote
CHEMICAL #5: 3 Totes/$1470.15 3 Totes/$1269.00 3 Totes/$1732.50 3 Totes/$1541.925
SODIUM Del $27.50 Del $25.00 Del - Included Del - $50.00 'One
HYPOCHLORITE Tote Deposit: *Must receive time/multiple items
12.5% 'Tote depositINot $200/Each award on bleach Tote Deposit:
(3) Totes/3 Times required and soda ash to $700/Each
per year accept award.'
ITB 2010-102 WTP & WWTP CHEMICALS, PAGE 1 OF 1,07/08/2010
CITY OF
ASHLAND
Council Communication
Meeting Date:
Department:
Secondary Dept.:
Approval:
Approval of a Public Contract for Internet Bandwidth
July 20,2010 Primary Staff Contact: Rob Lloyd
IT/AFN E-Mail: llovdr{al.ashland.or.us
Purchasing .?- Secondary Contact: Michael Ainsworth
Martha Bennett ~ \1./ Estimated Time: Consent
,..
Statement:
Will the City Council, acting as the Local Contract Review Board, approve the award of a public
contract to Hunter Communications, the highest ranked proposer, for internet bandwidth?
Staff Recommendation:
Based on scoring by the RFP evaluation committee, staff recommends the public contract for Internet
Bandwidth be awarded to Hunter Communications.
Background:
The sourcing method for the intended public contract is a Competitive Sealed Proposal (Request for
Proposal).
The City mailed the RFP to 15 prospective proposers. Three (3) proposals were received in response
to the RFP by the deadline. The proposals were scored by a four-member evaluation committee in
accordance with the evaluation process and criteria established within the RFP. One evaluator was a
non-employee serving as an outside expert. Scoring allO\~ed for 100 possible points. Evaluators'
scores were very consistent and final rankings of the proposals were unanimous.
Proposer Hunter Prime Time Ventures Qwest
Communications dba Infostructure
Evaluator #1 89 66 81
Evaluator #2 92 66 88
Evaluator #3 93 69 84
Evaluator #4 90 63 89
Related City Policies:
***PLEASE NOTE: This RFP was released prior to the new public contracting code becoming
effective on June 18, 2010. Therefore, the preceding contracting code is applicable to the award of
this public contract. * * *
Section 2.50.070 Procedure for Competitive Bids
All Public Contracts shall be based upon Competitive Bidding pursuant to ORS 279A - 279C and the
Attorney General Model Rules, OAR Chapter 137 Divisions 46 - 49, except for the following:
Section 2.50.020 Public Contracting Officer's Authority
A. Authority to Execute Contracts Without Prior Council Approval. The Public Contracting Officer
may execute without prior Council approval contracts that satisfy all of the following:
Page I of2
r~'
CI:rV OF
ASHLAND
1. The contract has a total value of seventy-five thousand dollars ($75,000) or less;
Council Options:
The COlmcil, acting as the Local Contract Review Board, can approve or decline the contract award.
Potential Motions:
The Council, acting as the Local Contract Review Board, moves to approve (or decline) the contract
award.
Attachments:
Cost Comparison
Evaluation Summary
Page 2 of2
ral'
CITY OF
ASHLAND
Cost Comparison
Summary:
The Internet bandwidth contract submitted for award on July 20, 2010, would secure substantial
savings for the City of Ashland and its Ashland Fiber Network enterprise. Design improvements
reduce costs from more than $70/Mbps to $22/Mbps and enhance network redundancy. The awarded
proposal also provides capacity for AFN's future bandwidth growth at $1 7/Mbps.
$50,000 would be invested into new equipment to support the network design by the vendor at AFN's
expense. The vendor has also agreed to apply new pricing upon award of this contract rather than
upon completion of the new network design, projected for November 2010. This would realize near-
term savings of approximately $26,600 over those 3Y, months. Equipment investments would then be
paid for from savings in less than seven months. Accounting for increased bandwidth usage by AFN
customers, bandwidth costs in Fiscal Year 201 I will be less by an average of$14,000 per month, under
the new pricing.
The contract is stnictured for two years, with three one-year extensions at the City's option.
Extensions will be based on the vendor's performance against defined service level criteria and overall
cost advantage. These factors were included in the Request for Proposal issued by the City.
Comparison:
The following graph shows savings the new contract will generate. Costs avoided increase over time
with the new pricing structure.
2010 Contract Pricing
0-50 M bps $
51-75 Mbps $
7G-100 Mbps $
101-150 Mbps $
151-200 Mbps $
201-250 Mbps $
251-350 Mbps $
145
120
95
85
80
75
70
2011 Contract Pricing
0-500 Mbps
0-1000 Mbps
$ 11,000 ($22/Mbps)
$ 17,000 ($17/Mbps)
Average Bandwidth Cost
(April-June 2010)
-$18,GOO /mo
New Cost
$ 11,000 /mo
Savi ngs
$ 7,GOO /mo
Projected FYil Savings
(Average 360/Mbps per month)
$ 25,300 /mo
New Cost
$ 11,000 /mo
Estimated Savings
$ 14,300 Imo
Page I of1
r~'
...l=_
~E-<S
0~5
"1:l~~J5
~~~=~
-=-z==
~ <;N
,<:~....."
'-0-=
C'... E-< -;
.S'E-< ~ ~
\...)~~-;
~~'"
0' E-< ..
~ Z ..
- -
~
='
....
;;
...
... - 0 on 0 ... '"' on 00 - on M a.
.. - - '" - 00
e--
... M - 0 on 0 on 00 M 00 - M 0 ...
CJl .. - - '" - 00
'" e-- >- >-
~ .... 0 on 0 - 00
0- .. - - - '" ... 00 on 00 '" ... - 00
e--
.. - 0 on 0 ... 00 ... 00 - '" 00 -
- - '" 00
... - '"' 0 0 on '" ... '<> - M ... M
'" .. - - - '<>
~cn~ e-- .
:;"'... ... '"' 0 '<> '" a.
- ~. .. - - - on on M '<> - M - '<>
...;:,g e-- >- Z
"'...0::
:;Z!ii .... - '"' - M on ... M '<> - '" M '<>
-"'0 .. - - - '<>
~ ;> . e--
.. -
!i - 0 on ... '<>
.. - '<> - - ... '" ... '"' - '" - '<>
CJl ... - 00 ... N on '"' ... 00 '" '<> ... ~I
Z .. - -
0 -
~f: ... ... M ... ~I
"'..: .. - a. - '" on '"' ... 00 '" '<>
...S:: - >- >-
Zz
;:,;:, .... - a. on '" on '"' ... '"' '" '<> ... ~I
=:; .. - '" -
:; -
0 ... - on a::1
u .. - 00 '" on '<> ... '"' '" '<> -
.
~
~ - .~ ~
~.o 0 on on on <>
c- - on 00 on 00 \C
.- ~ .... <>
C ~ >- >- - - .... - -
.. C
..
..J
.. '" ..:
'" .. - ...
.. ... 0
Co - ..
- Co ...
.. 'S
... <ll
Co '" ~
.c = ...
- " '" ..
.~ ... -
..: E- <ll ...
... =
" ... ... .;; "
<ll .. ... ... '"
'" ... ... .. <ll -
... ., <ll - '" = '"
" 'ti - ... <ll =
- ..
.S <ll = 5 .51
u ..J " >< = <ll -
" .. ... ,;; '" 'i: .51 - :a
= = - " -
Z '" " - <ll ell - :a - = '"
.. = ... " '" ..
" <ll = .;;; :E ... ..
Co ... - <ll <ll ell U U
0 .. <ll = 'i: Q < :S
... = .. " '" ... ..
U Co ell <ll <ll ... =
CJl iii u Co 'i: ,;; ... = = " =
.c ... >< <ll = ., " ~
..J - I .. fool .~ .2: '" '"
..: .~ '" " '" ... 5
,., <ll o<J <ll ..._ <ll <ll = ...
CJl :c .~ U.E :E 's. " ... =
0 ... ... = <ll "
<ll = " '" ,. '" .. " .. <ll E-
o. ... E- = ~=oo <ll s: '0 ell <ll
0 .., " .51 ... " .. :;
.... .r '" <ll <ll = = '" '"
~ 'ti .. - ... 5.1: " = .c <ll ;> ., ...
.. .S ell " 5 .51 ... ... - <ll
- " '.. ... <ll <ll- <ll = ... .c
.. 5 '" ... " - <ll "
~ ~ = ~ .- = ... " E- <ll C. ... ...
'" ., ... .s .1: ... - '"
~ e .!! " .. Q =-.E:! ~ ~ e =
- = ., ... - <ll
., ~ ~ ... <ll_ <ll ... <ll <ll " .. <ll
... ... 0' ~~< ~ < z ~ '" U r..
.. =
,., <ll
Co ... ,.; ,..;
.. ... ,..; ,..; ,.; -.i oti -c ,...: 00 '"
U < - -
4-.
o
~
'"
"
0-
ci
o
'"
:;r
;::;
~
0::
..:
:E
:E
;:,
CJl
Z
o
1=
..:
::>
..J
.,;
;>
UJ
-"
.;:;
3
"0
C
"
ell
"
E
~
.E
0-
"-
0::
CITY OF
ASHLAND
Council Communication
Approval of a Special Procurement of Metal Storm Drain Markers
Meeting Date: July 20,2010 . Primary Staff Contact: Michael Faught
Department: Public Works E-Mail: faughtmlalashland.or.us
Secondary Dept.: Streets iJI:3; Secondary Contact: Pieter Smeenk
Approval: Martha Bennett /tIV Estimated Time: Consent
-
Statement:
Will the Council, acting as the Local Contract Review Board, approve a Special Procurement for the
direct award (purchase) of Metal Storm Drain Markers from Almetek for a term of three (3) years?
Staff Recommendation:
Staff recommends that Council approve the Special Procurement for the direct award (purchase) of
Metal Storm Drain Markers from Almetek for a term of three (3) years, beginning July 1,2010 and
ending June 30, 2013.
Background:
As part of the city's NPDES Phase II stormwater permit, the City is required to complete marking of
all city storm drain inlets by the end of the 5 year permit duration, which concludes June 30, 2012. In
the past, the City has conducted a limited program to mark storm inlets with paint stencils. The work
was usually done by school groups including Boy Scouts, Girl Scouts, or local citizens in conjunction
with the Adopt-A-Street program. This stenciling program had a number of drawbacks with respect to
Phase II compliance: identification of the inlets that were stenciled was not recorded into a GIS or
master database, the stenciling message was not always consistent across the city, and the paint quickly
wore off over time.
There are approximately 3,000 storm drain inlets that need to be marked in order to comply with our
permit. This figure includes only public curb inlets and catch basins, and assumes that we are not
required to mark ditch inlets, private area drains, and mapholes. At the regional Phase II SWAT
(Stormwater Advisory Team) meetings, it was concluded that cities should switch from stenciled paint
to a more permanent type of storm inlet marking. A number of options were discussed that could be
used instead of paint stencils.
The City of Central Point has already begun marking storm inlets with thermal plastic stickers. These
stickers cost more than $10.00 each, and need to be applied with a torch by qualified staff. They could
not be applied by volunteers.
Another option was chosen by the City of Medford; plastic stickers applied with adhesive in a tube.
These stickers were purchased from DAS Curb Markers. On the DAS website these markers appear to
come with a 15-year warranty. DAS offers two different adhesives: the DAS curb marker adhesive
contains a warning that it may possibly cause birth defects, is harmful or fatal if swallowed, etc. It was
determined that this substance would be unacceptable for use in Ashland to be applied by volunteers.
Staff emailed the company asking for more detailed information about toxicity, and received a bunch
of promotional material in return, but no more details about toxicity.
Page I of2
rtl'
CITY OF
ASHLAND
The option preferred by the City of Ashland Committee responsible for organizing volunteers to install
markers was the Almetek metal medallion. The company produces a variety of metal storm drain
markers (see attached brochure). They can be applied either with caulking gun adhesive, pressure
adhesive pads, rivets into concrete or metal, or bolts into metal storm drain lids. Almetek claims
confidence in their installation, and offers a free replacement of any markers that go missing due to
street sweepers, theft or vandalism. Almetek offers a choice of aluminum, stainless steel, or brass
markers. .
Related City Policies:
The related rules of procedures are included in the attached Request for a Special Procurement.
Council Options:
The Council, acting as the Local Contract Review Board, can approve (or decline) the request for
Special Procurement.
Potential Motions:
The Council, acting as the Local Contract Review Board, moves to approve (or decline) the request for
a Special Procurement.
Attachments:
I. Request for a Special Procurement
2. Product Brochure and 2010 Cost Schedule
Page 2 of2
~~,
I FORM #9 I
CITY OF
ASHLAND
SPECIAL PROCUREMENT
REQUEST FOR APPROVAL
To:
City Council, Local Contract Review Board
From:
Mike Faught, Public Works Director
Date:
July 14,2010
Subject:
REOUEST FOR APPROVAL OF A SPECIAL PROCUREMENT
In accordance with ORS2798.085, this request for approval of a Special Procurement is being presented
to the City Council for approval. This written request for approval describes the proposed contracting
procedure and the goods or services or the class of goods or services to be acquired through the special
procurement and the circumstances that justifY the use ofa special procurement under the standards set
foM ORS 2798.085(4).
I. Requesting Department Name:
Public Works [
2. Department Contact Name:
Mike F auehl
3. Type of Request: " Class Special Procurement
Contract-specific Special Procurement
4. Time Period Requested: From
Julv I 2010
To:
June 30. 2013
5. Total Estimated Cost:
< $15.000
6. Supplies and/or Services or class of Supplies and/or Serviees to be acquired
See attached Almatek Ouote and Product Literature
7. Background and Proposed Contracting Procedure: Provide a description of what has been done in
the past and the proposed procedure. The Agency may, but is not required to, also include the following
types of documents: Notice/Advertising, Solicitation(s), Bid!Proposal Forms(s), Contract Form(s), and
any other documents or forms to be used in the proposed contracting procedure. Attach additional sheets
as needed.
See attached Council Communication Backl(found Information
& Cost Comoarison
C:IDOCUME-llshipletdlLOCALS-l IT empIXPGrpWise\20 1 0-07-13-Form9PlusAllachl .doc,
lof4
8. Justification for use of Special Procurement: Describe the circumstances that justify the use of a
Special Procurement. Attach relevant documentation.
Onlv this supplier mass-produces this design configuration. which was found to be of
superior auality of workmanship and installation process.
9. Findings to Satisfy the Required Standards: This proposed special procurement:
X (a) will be unlikely to encourage favoritism in the awarding of public contracts or to substantially
diminish competitioo for public contracts because:
A warding will have no anticipated effect on competition for contracts or likelihood
Of favoritism of award of contracts.
(Please provide specific information that demonstrates how the proposed Special Procurement meets this
requirement.); and
X (b )(i) will result in substantial cost savings to the contracting agency or to the public because:
Life cvcle cost of alternatives is substantially lower than similar alternatives
Warranty period is longer and initial cost is not substantially different than alternatiyes
(Please provide the total estimate cost savings to be gained and the rationale for determining the cost
savings); or
x (b )(ii) will otherwise substantially promote the public interest in a manner that could not
practicably be realized by complying with the requirements ofORS 2798.055, 2798.060, 2798.065, or
2798.070, or any rules adopted thereunder because:
Is the most volunteer-friendly installation alternative. which is an important
Key to engaging public volunteerism and participation. Several different options
Are available that can be customized to the sophistication of volunteers installing
(Please provide specific information that demonstrates how the proposed Special Procurement meets this
requirement.)
C:IllOCUME-llshipletd\LOCALS-l IT empIXPGrpWise1201 0-07-13-Form9PlusAttachl .doc.
20f4
Pub.1t Notite:
Pursuant to ORS 279B.085(5) and OAR 137-047-0285(2), a Contracting Agency shall give
public notice of the Contract Review Authority's approval of a Special Procurement in the
same manner as a public notice of competitive sealed Bids under ORS 279B.055(4) and
OAR 137-047-0300. The public notice shall describe the Goods or Services or class of Goods
or Services to be acquired through the Special Procurement. The Contracting Agency shall
give such public notice of the approval of a Special Procurement at least seven (7) Days
before Award of the Contract.
Date PubUt Notke first .ppea.red 00 www.ashland.of.us - rEnter date'
PUBLIC NOTICE
Approval of a Special Procurement
First date of publication: Julv 21.2010
A request for approval of a Special Procurement was presented to and approved by the City
Council, acting as the Local Contract Review Board, on Julv 20. 2010.
This Contract- specific special procurement is for the direct award (purchase) of Metal Storm Drain
Markers from A(metekfor a term of three (3) years, beginning July 1, 2010 and ending June 30, 2013.
{To be filled out after approval by City Council. Include the cost and describe how this procurement
wif/ benefit the City.}
It has been determined based on written findings that the Special Procurement will be unlikely to
encourage favoritism in the awarding of public contracts or to substantially diminish competition for
public contracts, and result in substantial cost savings or substantially promote the public interest in a
manner that could not be realized by complying with the requirements that are applicable in ORS
2798.055, 2798.060, 2798.065, or 2798.070.
An affected person may protest the request for approval of a Special Procurement in accordance with
ORS 2798.400 and OAR 137-047-0300. A written protest shall be delivered to the following address:
City of Ashland, Public Works. Mike Fauf!ht. 51 Winburn Wav. Ashland. OR 97520. The seven (7)
protest period will expire at 5:00pm on Julv 28. 2010.
This public notice is being published on the City's Internet World Wide Web site at least seven days
prior to the award of a public contract resulting from this request for approval of a Special
Procurement.
C:IDOCUME-llshipletdlLOCALS-1 IT emplXPGrpWise\20 I 0-07 -13-Form9PlusAttachl .doc.
30f4
Authority to eater luto . Special Procurement:
AMC l.SD.D7(JProarhuaf(lJl' c~ BJtb
All Public Contracts shall be based upon Competitive 8idding pursuant to ORS 279A - 279C and the AI/orney General Model
Rules, OAR Chapter J37 Divisions 46 - 49, exceptforthefollowing:
G. Special procurements as setforth ORS 2798.085 and herein.
ORS 279B.085 Special procurements. (J) As used in this section ond ORS 2798.400.-
(a) "Class special procurement" means a contracting procedure that differsfrom the procedures described in ORS 2798.055,
2798.060, 2798.065 and 2798.070 and isfor the pUTJJOS.e of entering into a series of contracts over time for the acquisition of a specified
class of goods or services.
(b) "Contract-specific special procurement" means a contracting procedure that differsfrom the procedures described in ORS
2798.055, 2798.060, 2798.065 and 2798.070 and isfor the purpose of entering into a single contract or a number of related contractsfor
the acquisition of specified goods or services on a one-time basis or for a single project.
(c) "Special procurement" means, unless the context requires otherwise, a class special procurement, a contract-specific special
procurement or both.
(2) Except as provided in subsection (3)' of this section, to seek approval of a special procurement, a contracting agency shan submit a
wril/en request to the Director of the Oregon Department of Administrative Services or the local contract review board, as applicable, that
describes the proposed contracting procedure, the goods or services or the class of goods or services to be acquired through the special
procurement and the circumstances that justify the use of a special procurement under the standards setforth in subsection (4) of this
section.
(3) When the contracting agency is the offICe of the Secretary of State or the office of the State Treasurer, to seek approval of a special
procurement, the contracting agency shall submit a written request to the Secretary of State or the State Treasurer, as applicable, that
describes the proposed contracting procedure, the goods or services or the class of goods or services to be acquired through the special
procurement and the circumstances that justify the use of a special procurement under the standards setforth in ;ubsection (4) of this
section.
(4) The director, a local contract review board, the Secretary of State or the State Treasurer may approve a special procurement if the
director, board, Secretary of State or State Treasurer finds that a written request submitted under subsection (2) or (3) of this section
demonstrates that the use of a special procurement as described in the request, or an alternative procedure prescribed by the director, board,
Secretary of State or State Treasurer, will:
(a) 8e unlikely to encourage favoritism in the awarding of public contracts or to substantially diminish competition for public contracts;
ond
(b)(A) Result in substantial cost savings to the contracting agency or to the public; or
(8) Otherwise substantially promote the public interest in a manner that could not practicably be realized by complying with
requirements that are applicable under ORS 2798.055, 2798.060, 2798.065 or 2798.070 or under any nlles adopted thereunder.
(5) Public notice of the approval of a proposed special procurement must be given in the same manner as provided in ORS 2798.055
(4).
(6) If a contract is awarded through a special procurement, the contracting agency shall award the contract to the offeror whose offer
the contracting agency determines in writing to be the most aclvantageous to the contracting agency.
(7) When the director, a local contract review board, the Secretary of State or the State Treasurer approves a class special procurement
under this section, the contracting agency may award contracts to acquire goods or services within the class of goods or services in
accordance with the terms of the approval without making a subsequent request for a special procurement. [2003 c.794 f57; 2005 c.l03
f&J}
OAR 137-047-0285 Special Procurements
(1) Generally. A Contracting Agency may Award a Contract as a Special Procurement pursuant to the requirements ofORS 2798.085.
(2) Public Notice. A Contracting Agency shall give pubJic notice of the Contract Review Authority's approval of a Special
Procurement in the same manner as public notice of competitive sealed Bids under ORS 2798.055(4) and OAR 137-1)47-0300. The public
notice shall describe the Goods or Services or class of Goods or Services to be acquired through the Special Procurement. The Contracting
Agency shall give such public notice of the approval of a Special Procurement at least seven (7) Days before Award of the Contract.
(3) Protest. An Affected Person may protest the requestfor approval of a Special Procurement in qccordance with pRS 2798.400
ond OAR /37-047-0700.
C:IDOCUME-l Isbipletd\LOCALS-l IT emplXPGrpWise\20 I 0-o7-13-Form9PlusAttacb I .doc,
40f4
ADHESIVES
~r . "'.'.,.... > ,
, :.:' . Use tube adhesive for either
. . . ~.., surface or sub-surface Installation
~c
- , -
........~ --
/ \ fu
Sub-Surface Installation with 4-
Diameter Drill
Snow Plow Proof Installation
~ OCG Dripless caulking tube gun
SIKS-ADH
Sikaftex adhesive - 10.1 oz. tube.
Must be used in caulking tube gun
I(] AA04 Awesome Adhesive'"
. Pressure sensitive circles for surface mount only.
. Easy to apply, just press into exact position.
. ' Highesl initial bond (never hardens). Apply.n all
'c' weather and temp. 0'-120'F Packed 20 per carton.
_F~_ ~ '~1
,P ..~
.'.; L~~
~------
SD.WB-l Wire Brush with Handle
n .
--.
.1
SO-AC Air in a Can
Non-Flammable
Zero Ozone Depletion
RIVET FASTENER
Theft-Proof/Surface Mount - 3D-Year Warranty on Installation
SUB.SURFACE MOUNT
CDB-4 Carbide Drill Bit
With this bit, drill a hole approximately 1/8"
into the surface, brush area insert Storm
Drain Marker and rivet. Drive flush with a
'.. hammer. Tube adhesive may also be used.
Use rivet for either surface or
sub-surface Installation.
SURFACE MOUNT
'v"
./ "
DR250 1/4" x 3/4- Drive Rivel-STDM
OB250 Drill 114' x l' deep hole. insert
rivet and drive with a hammer. A small
amount of tube adhesive may be used. .
Wet Concrete Installation
Stainless Steel. Male Welded Stud & Nut
3/4" x 1/4" x 20
(Back View)
BOLT-ON
Theft-Proof . 3D-Year Warranty on Installation
~"'.,
~-' :' ~. Stainless Steel
. '. ... ,,' Grate Fastener Option
For use with GM-4' Set
~.~;'.:.~~;
..~.~~. ~." ~
~::S t;,;'-'
.:..;~:~ I I~:O~ '..
'~:~~~~..I_.:.; ~:.
GM-4" set
Carriage bolt, washer,
nut & forged steel
backing plate.
Note: For road bed or grate installations where heavy traffic ;s expected,
choose one of our low cost Stainless Steel markers in unpainted finish.
"1 '-'->
-----=::::-~,::f
~,"'"
_ __..l..'~~
r"'"ocIOU..../l. I ::'''.. r
2 Joy Drive, Hackettstown, NJ
P; 908-850-9700 . F; 908-850-9618
www.almetek.com
fIii!!~
e 2008 AIm_1ft Irtdustrl.., Inc.
9005.06-Q01C (20"'808)
YOUR CHOICE:
COLOR
MATERIALS
.... NATURALI
UNPAINTED
. Red . Black
. Blue . Green
. Yellow (;t.'5~:)-;l
LEGENDS
. Stainless Steel
. Aluminum ,
. Anodized Aluminum
NO DUMPING -
-Orelns to Say
.01'81.s to' Lake
.Oral.s to Rllf8r
.01'81.s to Oc..n
. Brass
-Drains to Stream -D,al.s to Cree/c
-Oral.s to Waterways .Oralns to Wetlands
.Oral.s to Pond .01'81.s to Gu"
" ~ ~ , ~
~
Fish Trout Crab Lobster Fish wi Weve
~ + .. .- -
Salamander Frog Sunfish Turtle Catch Basin
Exampl.. above are Just loma of the Ivallable Standard Symbols.
CaU our Cuatomer Service o.pt. to InquIre about addltion,l choices.
Only Rain In the O,al. (Avail. In 8pMIoh1
AND MOREl
'..
Custom Legends and Symbols are available
by our in..house Art & Die Departments.
OUT-LASTS ALL OTHERS . THEFT RESISTANT . 30-YEAR WARRANTY
We're 80 confident In the permanence of our markers, we guarantee them for up to thirty
yearsl Our attractive, four-Inch disc, 3-D embossed, metal Storm Drain Markers are so strong
they are virtually Indestructible. You won't have to be concernecl with them cracking, peeling,
failing off, or being vandalized like plastic markers. ALMETEK'S markers are made with durability
and longevity In mind.
THE PERFECT MARKERI
ALMETEK'S metal markers have been engineered to
perfection. Through the use of high-tech, proprietary
processes, we have developed a marker that installs
easily and quickly, and will last for years to come. Our
sub-surface mounting installation with the turned down
edges will ensure against theft and snowplow displacement.
This design, along with the sand blasting process to the
backside of the marker, allows for maximum adhesion.
We are so sure of this installation process, we will replace
any missing marker with a brand new one, FREE OF
CHARGE". Markers can also be installed directly on the
roadway, curb, storm drain grate or storm drain head.
THE PERFECT PRICEI
You may think you're saving money by purchasing
plastic markers, however plastic will discolor, crack or
break over time. The flat, smooth surface on Ihe back
does not provide a good adhesion point and makes
them more susceptible to displacement or vandalism.
A plastic marker may cost less initially, but in the' long
run, it will be more than three times as expensive. Why
purchase something that is likely to need replacement
after only a few years? With ALMETEK'S markers,
there is only the initial purchase cost and no replacement
costs for up to 30 years'""
AVAILABLE OPTIONS
" Stamped Sequential Numbers" Custom Stamped Town/City
. Square Punched Center Hole" Welded Male Stud External Thread
NOTE: CENTlifR HOLE ALLOWS FOR BOLT-ON GRATE INSTALLATIONS AS WELL AS DRIVE RIVET THEFT PROOF INSTALLATIONS
rrfl'/.,. .
;,< ;fv:;)~/.t T~
".".f'" 1./
' .. ~ r
\ 'J.~ ~ I'"
. 'I'iil''''.
CUSTOM DEEP. STAMPED
BACK VIEW. SAND-BLASTED
.Wlth Ree..Md Orilllnltllll.Uonll
"Seelnstaflatlonlnslructlons
"EnvlroMat1{'''' arid .EnyjroOome.... logos llS well as the AlMETEK name and logo are the sole lrademarks 01 Almetelt Industries Inc. and may not be used without alp/ess written con.ent.
STORM DRAIN MARKERS
- -
REM NO. <J.f!O 1l!2+ 5l!ll+ 1000+
-
so-..w ^lminum, NatUlal Embossed 15-YearWarranry I 1.95 I 1.6S I 1.55 I 1.50
SO-AP flJI.n\fium. Painted. Embossed IS-Year-warranty S 265 S 2.25 s 2.15 s 2.00
SO-$N Stainless. Natural. EffiOOssed ' JO-'reCl" Warranty s 3.95 s 335 S 3.15 S 3.05
SD-SP Sl:arness. Matte RniSh. P.ainted. Embossed - )G.Ye-at Warranty S 4.75 S '.05 S 3.85 S 3.70
SO-BN Brass. Natural. Embossed 3O-Year W3rranly S 5.75 S 4.80 S 4.SO , 4.35
SD-BP Brass. Painted. Embossed. 3D-Year Warranty S 6.45 S 5.40 S 5.10 , 4.85
""""""'" 0Pn0NS
MulticOlof 2 118" did. UV. Oorneu ReftectII,oe Center , 90 s 85 I .80 I .75
AdditTOOal B.ld:gmUnd Colol' + 12nd COlOr) , 1.05 I I.DO I .95 I .90
Con~tive Serial N~. '14~ H. 6 Charaaers [sramped) , 90 S 75 I .65 s 55
Stamped or Engraved CoPr 3 ~nes. mal(. 30 Charilcter~ I 130 I 105 I 95 I .90
Sqwre Hole fat Mech.YllCal Fa'uenff or Carriage Bolt I .50 I ... I 35 I .3<>
]- x 10- RECTANGUlAR llMRKERS
STDM-85<17-N.1 Ak.mll'lumNan.'aJ. Embos~, IS-Year Warranty S 2.95 S 2.65 S 2.55 S 2.50
STOM-SSU.,y Numinum Panted. EmooSSed. IS-YearWarranty 5390 s 3.50 S 3.40 S 3.25
STDM-BS47.M Anodized.AJuminum. Embossed. IS.YearWarranty S 1.50 S 1.20 S 3.95 S 3.75
SD-S X 2.75 2314. X 5. DOMB) ReCTANGlAAR MARKERS .100YEM \J/MRNtrf S 5.50 S 4.80 S 4.60 S 4.45
$PO Slainles5 Sl:eel. Natural ElttloSsed
ACCESSORIES
SD-GLS Safety Goggles I '.95 - - -
SD-OM DusrMaSk , '.95 - - -
50-^<: N-ln-^-Cdn 5 9.75 - - -
SD-WH-I Wire BNsh 5 3.75 - - -
SD-MHW Moi~ H.!Jnd WIpeS 112/PIQ 5 3.00 - - -
""""EllS
DR250 lW)(31"~DriveRivf.ol , .35 s 3. I .15 I 20
\\'N-r.,," 2" or 4" Boll, 2 N....ts. I Washer If or ~I coo::rerel l .55 S 5. I .is s ...
WS-4"SfT Thr~aded \VeIcIE"d Sfud wrtn 5. Rod li. Backing plate I 2.4/1 S 2.4/1 I 2.49 S 2.49
GM-4" SET ,,~ Cdftldge Bolt with Bdcking Plate frrquirt's SOM w/holel I 1./15 I 1.95 I 1.95 I 1.%
CB-3".4" 3" or 4" BolT. Nut. Washfor &. lodl: Back Plate 100ft-on inst",!IJ , 2.85 S }.BO I 275 S 2.70
PVC-STAKE 6" PVC Ground.Arn:hol' Stake .11 - I 1.45
^"""""" , 1+N. I2+N. 96+a. 408+ a.
Sl/G.ADH Tube Adhesive. 10.1 oz. 12 per case {J [uDe for a.DPfox.ll markersl s 8.75 s 7.70 S 6.65 S 6.10
DCG Oripk's. Caulking Gtln fl"IOuni1sJ S 7.40 - - -
MO-1 ^we5Otne I'\Qhes~ PIS 4" ci:~k flO/PKJ I 7. I .7. l 65 l 50
TOOU
08250 114" Carbide Billfor Mace mount! 516.50
COB.4 4" dla. Ccrtlide Dril Bit lcorTl)lel:e arDor1 S99.65
lC!SQ'IM~'~. C'~
/'~ . Iv
~~ . ..' \
~
FOR CUSTOM MARKERS
& LARGeR OUANTITIES
CONSULT FACTORY.
/ STANDARD LEGENDS """I
NO DUMPING
DRIIlNS TO- RIVER SOUND
BAY. STREAM
CREEK OCEAN
lAKE WATERWAY
WETLANDS GULF
ONLY RAIN IN THE DRAIN
'- ~
Stamped Dr engraved
serialized numtlers
2reavaUable.
*Minimum Order S 100
NOnCE: PI1tes art' SUCliett 10 cllange wKhOuI 0'Jb:e
(NJ~-*:I7'IIo""'le<)
nf
If *JU Identify With Quality, You Identify With Us.
800-248-2080
AlmeIek InlkIslries. h:.
2 Joy 0riYe
~,Nl07840
www.a_com
9005-AO&OlO2J(lOM0208)
9lJ8..85O.9700
9lJ8..85O.9618 Fax
~~:
?'Y~7
II.,S ,0
Square hole option
-.'
CITY OF
ASHLAND
Council Communication
Meeting Date:
Department:
Secondary Dept.:
Approval:
July 20,2010
Administration
None
Martha Bennett
Update on Council Goals
Primary Staff Contact:
E-Mail:
Secondary Contact:
Estimated Time:
~
PI-
Ann Seltzer
ann@ashland.oLus
Martha Bennett
Consent
Question:
Does the City Council have questions about the progress on Council Goals?
Staff Recommendation:
Staff recommends the City Council review the update and identify any concerns.
Background:
In November, 2009, the Council reviewed the progress on the goals adopted in June of2009. In
February, the Council reviewed the existing goals and made a few updates and revisions.
As a reminder, the Council goals are organized into six general areas related to increasing the
sustainability of Ashland.
Economy
1. Develop and implement a comprehensive economic development strategy for the purpose of:
diversifying the economic hase of the community, supporting the creation and growth of
husinesses that use and provide local and regional products, increasing the number of family
wage jobs in the community, leveraging the strengths of Ashland's tourism and repeat visitors.
A set of draft strategies were selected by the Committee to use for public outreach and citizen
involvement and were presented to the Council in June. An RFP for citizen involvement services was
issued in June; with 10 firms responding. A selection committee of Mayor Stromberg, Councilors
Silbiger and Jackson, and staff members Martha Bennett and Adam Hanks, have selected four firms
to submit additional information with the intention of selecting the winning firm by July 16th.
The citizen involvement element of the project will take place in August and may extend into
September and will include 8 to 10 focus group meetings, several public forums/open houses and an
online questionnaire. The input received will be summarized by the consultant and provided to the
Committee to use to finalize the list of strategies and begin the work of establishing specific actions
needed to carry out and successfully accomplish each strategy. Actions will include funding needs,
lead agency/partner, measurement of progress/success and priority.
It is expected that the Committee work will begin again in late September/early October with a draft
strategy document ready for City Council review in January/February of2011.
Page 1 on
r~'
CITY OF
ASHLAND
2. Develop an implementing strategy for funding infrastructure and public facilities for economic
development projects.
For the Croman Mill Property and for other major employment areas in Ashland, such as the
downtown and railroad planning area, infrastructure and public facilities play an integral role in
creating a functional employment area that is attractive for businesses and employees and are well
integrated into the physical form of the City of Ashland. To accomplish this goal, the City should
consider the following:
. Assess a variety of financing options and optimize revenue sources for installation of
infrastructure and public facilities
. Define the roles of the private and the public sectors in'providing infrastructure and public
amenities. Identify the types of public improvements that benefit the community at large and
which are needed solely for the development to proceed.
. Facilitate the development and redevelopment ofunderused employment land in Ashland such
as the Croman Mill site, the railroad property, the downtown, and the Washington/Jefferson
Street areas so that it can be used to accommodate Ashland's employment growth for the next
20 years
3. Increase tbe clarity, responsiveness, and certainty of the development process.
Staff anticipates moving forward on this issue once the Croman Mill District Plan is adopted. This will
be a coordinated effort involving all departments that take part in and provide input to the development
approval process (Comm. Dev., PW, Fire, and Electric). This will require each Department to allocate
staff time accordingly. In the interim, Community Development has made significant changes to its
home page on the City's website to provide information to the development community with regards
to: permits & fees, online e-permitting, green building policies, and building code policies,
interpretations & procedures. Additionally, a draft customer service survey has been prepared,
comparable to the one executed in 2007, and will be distributed in early Fall to past
customers/applicants to assess their experience with development process.
Environment
1. Develop an integrated land use and transportation plan to increase the viability of transit,
bicycles, walking and other alternative modes of transportation; reduce per capita automobile
vehicle miles traveled; provide safe walking and bicycling routes to home, work, shopping and
schools; implement environmentally responsible design standards, and minimize new
automobile-related infrastructure.
On June I, 2010 The City Council approved an Intergovernmental agreement with ODOT that
completed the contractual requirements for the TSP update. Once the agreement was signed and the
city submitted the first payment of$25,000 ODOT issued a notice to proceed to the Consultant
Kittelson & Associates.
Since that notice to proceed, staff, ODOT, and the Transportation Commission Chair (the Planning
Commission Chair was invited but did not attend) met with the consultant to develop a meeting
schedule that would ensure that both the Transportation Commission and the Planning Commission
consider options to reduce the overall cost of the project. To that end, the first TSP kick-off meeting
Page 2 of7
~~,
CITY OF
ASHLAND
has been scheduled for August 24, 2010 with both the Planning Commission and the Transportation
Commission.
2. Adopt an integrated Water Master Plan that addresses long-term water supply including:
climate change issues, security and redundancy, watershed health, conservation and reuse, and
stream health.
On December 15, 2009 the City Council awarded the Water Master Plan to Corolla Engineering. In
addition, the Council appointed three at large members to the Ashland Water Advisory Committee
(A W AC) to work directly with the consultant and advise the council on master planning solutions.
The A W AC group has held three work group meetings and one Public Open House meeting to solicit
input from the community early in the process. Following that on June 14,2010 the consultant
updated the city council on the water master planning process.
The water master plan is now 25% complete and is anticipated to be completed by March or April
2011.
3. Implement specific capital projects and operation programs to ensure City facilities and
operations are a model of efficient use of water, energy, land, and other key resources.
The inter-departmental team was formed earlier in the year and has met several times to organize a
plan to effectively create a comprehensive baseline of existing resource use and to establish targets and
projects for improvements in all resource areas. Additionally, the team will be creating sub-groups by
resource category to create and implement educational efforts and monitoring of progress in each area.
4. Adopt land use codes, building codes and fee structures that creates strong incentives for new
development that is energy, water, and land efficient and supports a multi-modal transportation
system
A set of Sustainable Design Standards are being developed as part of the implementation package for
the Croman Mill District Plan, with some standards having a potential for citywide application. The
standards will address: Conservation of natural water systems; green surface parking systems;
management of storm water run-off, as well as rainwater and grey water impoundment for reuse; the
design of green streets; low impact site development; energy efficient building design and site
planning; and rain water catchments, infiltration, and harvesting guidelines.
5. Develop a strategy to use conservation and local renewable sources to meet Tier 2 demands.
As reported to the City Council in November 2009, this goal requires a significant increase in
conservation funding including additional staff and incentives and loan dollars for citizens and
businesses. The current budget does not allow for additional resources for this goal.
Conservation staff continues to promote the purchase of photovoltaic panels and the purchase of
renewable energy credits from BP A for renewable energy including wind, solar and green hydro power
which helps offset the power purchases from BP A.
It is likely that BPA will determine Ashland's high water mark.(the maximum amount of power we
can purchase from SPA at the Tier I rate) in October 2010. Staff does not anticipate exceeding the
high water mark except in cases of extreme summer heat or extreme winter cold. BP A will monitor our
usage and charge us the higher Tier 2 rate whenever we exceed the high water mark.
Page 3 of7
~~,
CITY OF
ASHLAND
6. Plan for low-water years including potentially 2010 by: implementing a public information
and technical assistance campaign that encourages summer time conservation. Consider the
options for a summer time surcharge to encourage efficient irrigation practices prior to June 1,
2010.
On June 1,2010 the City Council approved Resolution 2010-07 that created a new water rate structure
charge increasing the rate 30% or 4.25 cf for water usage over 3600 cf for both residential and multi-
family water customers.
The Consertation Division is actively in~olved in a public information campaign which includes
technical assistance to support our utility customers in wise water use. These measures include group
presentations, article and interviews through the press as well as on site audits or reviews of
landscaping and irrigation.
The Conservation Division is conducting a pilot program for the installation ofthe next rebate program
which is for Smart Controllers which run according to the weather. And the Division has also
contracted with Irrisoft to provide local weather data for irrigation control.
Social Equity
1. Complete the sale of a portion of the Clay Street Property to Parks and Recreation and decide
whether to develop or sell the remaining land.
This item is on the agenda for the Parks and Recreation Commission July 26 meeting. Once the
Commission makes their decision, staff will develop options for the sale or development of the
remaining land for Council review.
2. Convene a discussion of stakeholders working on issues related to homelessness to develop a
plan for: replacing services previously provided by ICCA, developing an emergency shelter for
minors, improving connections to services available in Jackson County to Ashland's homeless,
ensuring Jackson County's 10 year plan addresses the specific issued faced in Ashland.
A scope of work, estimation of staff time and a budget for the project will be prepared in the 1st quarter'
of fiscal year 20 II. The Housing Program Specialist, Linda Reid, is an active member of the Homeless
Task Force and maintains strong relationships with area providers of homeless services in the Rogue
Valley. Accomplishment of this goal will require several activities including but not limited to;
identifying and dedicating resources to establish and maintain services and resources previously
provided by ICCA; identify services available within Jackson County and impediments to Ashland's
homeless in ascertaining those services; complete assessment of area homeless, determine emergency
shelter/facility requirements and assess what role the City would play in its establishments and
operations; identify opportunities and ways in which Ashland may influence the prioritization of
efforts under Jackson County's 10-year Plan to end homelessness.
Organization
1. Develop a plan for fiscal stability, manage costs, prioritize services, and insure key revenue
streams for the City Parks & Recreation.
Finance staff has:
Page 4 of7
~~,
CITY OF
ASHLAND
I. Selected and evaluated similar or peer agencies to Ashland and made comparisons for comparable
operations, revenue, expenses and balance sheet items.
2. Evaluated outstanding debt levels and long-term needs caused by proposed CIP, evaluating total
outstanding debt and annual debt service requirements.
3. Reviewed all internal service charges, budget to actual and to calculated need. Staff is preparing a
presentation for department heads to lay the foundation for changes needed in FY 2011-12.
4. Tracked water and electric sales, calculated average revenue/cost per unit sold for projections,
changes month-to-month for customer classes and trended with rainfall/temperature trends.
5. Stepped up analysis of water and electric rates and tiers in preparation for rate studies and
adjustments proposed by master plans.
6. Established new targets for ending fund balance and contingency amounts for future budgets.
7. Performed preliminary end of year evaluations for preparing the annual financial report.
Most of this work is being done by the Financial Analyst hired for this goal and the three managers in
the Administrative Services Department. An estimate of the annual cost for staff time is $150,000.
Information generated is (has been) used on an operational level as well as for managerial decisions.
Uses include evaluating trends, budget, financial reporting and rate setting. Periodically the
information is presented to the Mayor and City Council as part of the budget process, annual financial
reports and rate hearings.
This goal is ongoing and the identified work may never cease to be important. Specific data can be
presented to Mayor and Council during a study session as their time permits.
2. Address issues regarding the stability of the organization including: employee recruitment and
retention, succession planning, effective and increased use of citizen volunteers.
Council recently approved implementation ofthe classification portion of the class and comp study and
will be working with Council on phasing in the salary portion of the study as the City's financial
condition improves.
We have been implementing Succession Planning and providing organizational training as our
resources allow. We have identified low or no-cost training resources/programs that we will be
launching later this fall to help employees broaden their skills and ready them for future opportunities
at the City.
In several departments we are implementing "Trainee" programs to help train-up and transition our
staff. The City has also retained some highly qualified retirees to remain on and work PIT to fill in the
gaps in institutional knowledge that occur when seasoned employees leave the organization. Weare
also utilizing volunteers and interns wherever possible in the City to help with continuity of work as
staffing and resources shrink.
Public Facilities
1. Develop a plan to replace Fire Station #2.
In May, the Public Safety Bond Committee reported to the City Council and recommended the City
seek general obligation bonds not to exceed $3 million and to place a measure on the May 2011 ballot.
Staff will prepare a timeline for implementation for Council review at a future meeting.
Page 5 of7
~~,
C I T YO F
ASHLAND
2. Define a long term strategy for the Ashland Fiber Network that improves its financial
viability, provides high quality services to residents, and promotes healthy economic
development.
On July 19th, the Information Technology Department will present the AFN Strategic Business Plan to
City Council for review in study session, and then approval at a subsequent Council Meeting.
Substantial effort was placed in incorporating stakeholder input, infrastructure planning, and setting the
plan's strategic and financial goals on the I-year and 3-year horizons. The key elements to the plan
include creating new revenues through products and services developed with partners, keeping but
altering AFN's ISP and business partner relationships, increasing market share with low customer
churn, and realizing cost savings and cost avoidances in operations.
AFN is already working on aspects of the plan. A new Internet bandwidth contract RFP process is
complete and will be before Council for approval July 20th. The new contract and terms will result in
substantial cost savings. A new cable television RFP, which aims to increase service options and
revenues, will be released by August with a contract for Council approval planned for September.
Staff is also currently piloting its WiMax services for release in Fall 2010. With Strategic Business
Plan approval, AFN will begin project work on the following:
(1) Implementing a free or nominal-cost Internet access level of -256 Kbps for all Ashland
residentslbusinesses/visitors;
(2) Releasing a new AFN community website through which paying and non-paying customers
can access AFN products and services;
(3) Creating new AFN-Business Partner contracts;
(4) Executing AFN's updated rate model that focuses on customer segments and bandwidth
use;
(5) Devising a new marketing plan that focuses on local service, products that are in-tune with
the community, and working in tandem with AFN business partners to market services for
customer acquisition;
(6) Enhancing AFN's economic development efforts through City, Ashland Chamber of
Commerce, and regional economic development organizations;
(7) Forming a customer survey and process; and
(8) Developing AFN's Council reporting standards for projects and operations.
Long-term, AFN's new System Plan aims capital investments at continued implementation of wireless
services and the newest technical standards for faster modem speeds, and fiber-based services.
Demand for fiber to the premise (FttP) services are expected to grow exceptionally fast over the next
three years, requiring AFN to implement its architecture designs over time in anticipation of that shift.
This will feed into the budget process for the Information Technology Department.
Partnerships
1. Foster strong collaboration ofthe local community, City, State and Federal leaders in efforts
to improve the health of the Ashland watershed through reducing fire hazards and restoring
forest health.
The Ashland Forest Resiliency Project continues to make progress towards ensuring a healthy and
resilient Ashland Water Shed. Implementation was initiated this past spring with 47 acres treated. The
planning for additional work utilizing the partners.of AFR and other technical specialists and
Page 6 of7
~~,
CITY OF
ASHLAND
substantial outreach efforts involving the general public and all stakeholders continues. Future
maintenance of City owned forest lands will be coordinated with the elements of AFR. The City is
implementing a Firewise Communities Program and has hired a coordinator. Firewise Communities is
a national multi-agency effort designed to reach beyond the fire service by involving homeowners,
community leaders, planners, developers, and others in the effort to protect people, property, and
natural resources from the risk of wild land fire. The United States Forest Service, the Jackson County
Sheriff's Office, and the City of Ashland have again formed a partnership to conduct forest patrols to
manage man-made ignition sources in the Ashland Watershed.
2. Advocate for the long-term'viability of rail service to and through Ashland and encourage the
use of rail through land use, transportation, and economic development planning.
Staff continues to periodically email the shippers representatives for progress reports on their plan to
restore rail service to and through Ashland. The most resent email from Bob Regan is as follows:
"Progress is being made but very slowly. Test runs with new engines who can handle steeper grades
with better fuel efficiency show that the line can be reopened. Negotiations are taking place to settle
on new rates; no announcements yet."
In addition, Councilor Chapman met with CORP to discuss the potential of using the CORP line for
cOl)lmuter rail.
, Related City Policies:
Council Goal Setting
Council Options:
Identify changes and provide new direction to staff.
Potential Motions:
I move to accept the update of Council Goals as presented.
I move to modify the Council Goals by
Attachments:
None
Page 7 of7
~~,
CITY OF
ASHLAND
Council Communication'
Public Hearing to Update Public Works, Engineering Fees
Meeting Date: July 20, 2010 Primary Staff Contact: Lee Tuneberg ~
Department: Administrative Services E-Mail: tuneberl@ashland.or.us
Secondary Dept.: None Secondary Contact: Mike Faught
Approval: Martha Bennett Estimated Time: 10 minutes
Question:
Will the Council approve a resolution to update Public Works, Engineering Fees?
Staff Recommendation:
Staffrecommends Council adopt the attached resolution for the Public Works Department whose
originating document was errantly repealed by Resolution 2006-07.
Background:
Each year staff reviews various resolutions pertaining to miscellaneous fess and charges that have
Council approved authorization for administrative adjustment using an index like the Consumer Price
Index.
As part ofthe review this year staff identified a set of fees whose original authorizing resolution was
repealed by another resolution that did not address all components. Resolution 2006-07 did not
address all Engineering Fees and the attached resolution will correct for that omission.
The attached resolution will do two things, It will ratify the fees under a distinctly identifiable
document and update the fees with minimal adiustments effective August L 2010
Staff will then move ahead with work on simplifying all fees and the review/approval process. We
anticipate that Council would be reviewing a "master" resolution for all miscellaneous fees and
charges next Spring for implementation in FY 2011-2012.
Finally, staff will continue to bring to Council specific rate adjustments for utilities and enterprises via
separate resolutions as proposed by rate studies and capital improvement plans.
Related City Policies:
Outside ofthe established financial goal for maintaining a financially viable city, no formal policies
can be specifically identified relating to miscellaneous charges and fees.
Council Options:
Approve the attached resolution as presented.
. Revise elements of the resolution before approving the resolution.
Leave rates at current levels and consider changes at a later time.
Page I of2
~~,
CITY OF
ASHLAND
Potential Motions:
The Council moves to approve the resolution updating Public Works Engineering fees as identified, .
Attachments:
A Resolution Updating Fees for Public Works, Engineering
A memo from Public Works requesting a rate hearing and adjustments
Resolution 2006-07
Page 2 of2
~~,
RESOLUTION NO. 2010-
A RESOLUTION UPDATING PUBLIC WORKS,
ENGINEERING FEES.
THE CITY OF ASHLAND RESOLVES AS FOLLOWS:
SECTION I, Resolution No 2000-24 established Engineering Fees covering estimated cost of
services and provided for annual adjustments based upon changes in the CPr. Resolution 2006-
07 repealed Resolution 2000-24, omitting miscellaneous fees that relate to Engineering services.
SECTION 2. The following rate schedule is adopted for the Public Works, Engineering services
omitted from Resolution 2006-07.
PLAT & PLAN CHECKS: EFFECTIVE EFFECTIVE
8/1/2009 8/1/2010
Subdivision Plats $670,00 olus $100,00 oer lot $686.00 Dlus $103.00 Der lot
Condominium Plats $670.00 plus $100,00 per lot $686.00 nlus $103.00 ner lot
Partition Plats (does not include 24% $358,00 $367.00
Fire DeDt Review Fee) INSPECTIONS & PERMITS:
Subdivision Improvement Plat Check 5% Engineer Fee (5% of the public 5% Engineer Fee (5% of the public
improvement cost) improvement cost)
Engineering Development Fee
(This fee is charged concurrently with Building
Permit Fees at the time of building permit 0,75% of valuation 0,75% of valuation
application. Applies to all new residential dwelling
units and commercial developments. Remodels
additions and accessory buildings are not assessed
this fee)
Street or Alley Excavation Permit $180,00 plus per foot cost based on $185.00 plus per foot cost based on
age of navement age of navement
Miscellaneous Construction Permits for
construction of curb, sidewalk, driveway $58,00 $60.00
apron, etc.
Dust SUDDression Permit $58,00 $60.00
SECTION 3, The above fees shall increase annually in July of each year, by multiplying the fee
by a fraction, the numerator of which is the CPI Index Figure for the month of March proceeding
the July in which the fee is to be increased and the denominator of which is the Base CPI Index
Figure. As used in this section, "Index" refers to the All Urban Consumers (CPI-U), U,S, City
Average, CPI Index published by the Bureau of Labor Statistics of the United States Department
of labor. "Base CPI Index Figure" shall refer to the Index number indicated for the month of
March, 2010, and the "CPU Index Figure" for any month shall refer to the Index number for that
month.
Page 1 of2
SECTION 4. This resolution takes effect upon signing by the Mayor.
This resolution was read by title only in accordance with Ashland Municipal Code S2.04.090
duly PASSED and ADOPTED this day of 2010.
Barbara Christensen, City Recorder
SIGNED and APPROVED this _ day of
,2010.
John Stromberg, Mayor
Reviewed as to form:
Richard Appicello, Assistant City Attorney
Page 2 of2
I
Memo
CITY OF
ASHLAND
Date: July 13,2010
From: Mike Faught
To: Lee Tuneberg
Re: Engineering Fees
The Public Works Department supports the proposed August 2010 fee structure as outlined in the
City of Ashland engineering fees rate structure document. In addition, recognizing that some
engineering fees (subdivision plats; condominium plats; partition plats; subdivision improvement
plan check; subdivision construction inspection; street or alley excavation permit; miscellaneous
construction permits for construction of curb, sidewalk, driveway apron, etc; and dust
suppression permit) were repealed by resolution 2006-07 and that the August 1,2010 proposed
rate structure for engineering fee reinstates said engineering fees.
To reduce confusion relating to engineering fees, Public Works recommends addressing the
engineering fee rate structure when finance creates a new comprehensive rate structure for all
City fees in the future.
ENGINEERING DIVISION
20 E, Main Street
Ashland OR 97520
www.ashland.or.us
Tel: 541/488.5347
Fax: 541/488-6006
m: 800/735-2900
~~,
RESOLUTION NO. 2006- 01-
A RESOLUTION REPEALING RESOLUTION 2000-24 AND
ADOPTING NEW COMMUNITY DEVELOPMENT FEES
THE CITY OF ASHLAND RESOLVES AS FOLLOWS:
SECTION 1. Resolution No. 2000-24 is repealed
SECTION 2. The Attached rate schedule is adopted as the rates and fees for
Community Development and Engineering Development.
SECTION 3. The above fees shall increase annually in July of each year, by multiplying
the fee by a fraction, the numerator of which is the CPllndex Figure for the month of March
preceding the July in which the fee is to be increased and the denominator of which' is the
Base CPllndex Figure. As used in this section, "Index" refers to the All Urban Consumers
(CPI-U), U.S. City Average, CPI index published by the Bureau of Labor Statistics of the
United States Department of Labor. "Base CPllndex Figure" shall refer to the Index
number indicated for the month of March, 2006, and the "CPllndex Figure" for any other
month shall refer to the Index number for that month.
SECTION 4. The Community Development Fee and Engineering Development Fee
have not been increased since their inception in September of 2000 because the
valuation portion of the Community Development Fee has an adjustment factor set by
the State of Oregon Building Codes Division.
SECTION 5. The Community Development fee will be raised from nine tenths of one
percent (.009) to one point one percent (.011) of building permit valuation, an increase
of .002 percent and will not be subject to the yearly CPI adjustment.
SECTION 6. This resolution takes effect upon signing by the Mayor.
This res ution was read by title only in accordance with Ashland Municipal Code
~2.04 0 duly PASSE nd ADOPTED this ~ day of ,",a.\Ci~ , 2006.
arbara Christensen, City Recorder
SIGNED and APPROVED this ~ day of ~o..r~ ,2006.
~-lJ.:J. t-\~\~
\ioh~ W. Morrison, Mayor
CITY OF
ASHLAND
Development Services Fee Schedule
Plannine: / Community Development Fees
Iication Conference
lication Conference
$110
Administrative Actions
Construction Drawin without Subdivision A roval
Minor Amendments to SubdivisionslPartitions
Final Plat Review
Partitions
Subdivisions
New Si Permit
R lacernent Si Permit
Lot Line Ad'ustments
Home Occu ation Permits
Certificate of Occu anc
An other Administrative Action
$277
$277
$110 + $10 per lot
$277 + $26 er lot
$110 + $2.50
$26 + $2.50
$277
$25
$54
$277
Staff Permits
Ph""ical & Environmental Constraints Permit $555
Minor Variance $555
Extension Reauest $555
Solar Waivers $555
Residential Site Review $555 + $57 per unit
Commercial Site Review $555 + 0.5% of value
Site Review (J8.72.040A) $555 + 0.5% of value
Any other pennit or application requiring notice (nol Type I, n, or III) $555
Tel Reviews
Amendments to Conditions
Creation of a Private Wa
Conditional Use Permit - Accesso Residential Unit (AR
Conditional Use Permit (T e I on!
Variance Tel on!
Residential Site Review
Final Plan Performance Standards
Land Partitions
Commercial Site Review
Any other T I Review
$832
$832
$555
$832
$832
$832 + $57 er unit
$832 + $57 er lot
$832 + $57 er lot
$832 + 0.5% of value
$832
~:.,
Plat for subdivisions
AP~eals
I A peal to City Council
Solar Access
I Solar Access Permit (not a Solar Waiver-see Staff Permits)
Communi Develo ment Fee
Community Development Fee
This fee is charged concurrently with Building Permit Fees at the time of
building permit application for all projects for which the City issues building
'ts.
En eerin Develo ment Fee
Engineering Development Fee
This fee is charged concurrently with Building Permit Fees at the time of
building permit application for all projects for which the City issues building
permits. Applies to all new residential dwelling units and commercial
developments. Remodels, additions and aceessory buildings are not
assessed this fee.
'Fee update based on Man:b 2003 CPI of 184,20
$1666
$1666
$1666+$117
$2222 + $117
$1666
$2222
$2222
$3334
$3334
$2777
$3890
$3890
$3890
$0 -no fee
1$277
1$555
1.1 % of value of new
construction
0.75% of value of new
construction
r.'
CITY OF
ASHLAND
Council Communication
Update to Relationship between City of Ashland and Ashland Community Hospital
Meeting Date: July 20,2010 Primary Staff Contact: Martha Bennett
Department: Administration E-Mail: bennettm@ashland.or.us
Secondary Dept.: Legal Secondary Contact: Richard Appicello
Approval: Martha Bennett. PItt; Estimated Time: 15 Minutes
Question:
Will Council approve the six requested changes in the relationship between the City of Ashland and
the Ashland Community Hospital, as outlined in the memo dated July 7, 2010?
Staff Recommendation:
Staffrecommends working through the options for the status of the official City Liaison and approving
all other suggestions outlined in the attached memo.
Background:
The Ashland Community Hospital Board Chair and CEO will give their regular annual report about the
operation and health of the hospital. In addition, there are several other issues that ACH and City staff
request the Council discuss and schedule for a future meeting. Please see the attached Memo dated
July 7,2010 for detailsabo).lt each item to be discussed.
Related City Policies:
None.
Council Options:
. Accept the staff recommendation.
. Request additional information
Potential Motions:
. I move that the City
Attachments:
Memo dated July 7,2010
Hospital Agreement and Lease
J
Page 1 of 1
~~,
CITY OF
ASHLAND
Memo
TO:
Richard Appicello, City Attorney
Barbara Christensen, City Recorder
Martha J. Bennett, City Administrator
July 7,2010
Request for Changes in Relationship with Ashland Community Hospital
FROM:
DATE:
RE:
As we discussed last week, this year during the annual meeting with Ashland Community Hospital,
there are several changes in the relationship that the Council will be asked to discuss. Some of these are
being requested by the Hospital Board, and others are requested by City staff. After the City Council
gives us direction at the annual meeting, we will need to amend the relevant documents, which I believe
to be the Articles of Incorporation, the Definitive Agreement, arid the Facilities Lease. The following
are the issues:
I. The status of the official City Liaison as an ex-officio, non-voting member of the Hospital Board.
As we discussed, even though the City's representative is non-voting, it likely creates better
separation between the City and the Hospital if a representative of the City is not automatically
entitled to participate in deliberation of the Hospital Board. The City Council has three options for
resolving this issue:
a. Eliminate the City's Liaison position altogether. This is the option requested by the Ashland
Community Hospital Board. Under this scenario, the City would not designate a specific person,
and the City would not be entitled to attend meetings of the board. As outlined in issue #3, we
would rely on more frequent financial reports for any issues of concern.
b. Appoint a City Liaison who can attend Board Meetings, but who is not a member of the board.
The City could appoint someone who is entitled to attend the meetings but who is not an official
member. This would allow the City to stay informed about Board actions without participating
in Board deliberation.
c, The City could designate an official liaison who communicates on the City's behalf with the
Hospital Board and President, but who does not necessarily attend Board Meetings. This could
be an elected official (Mayor or Councilor) or could be a staff person (City Administrator or
City's Finance Director).
ADMINISTRATION
20 East Main Street
Ashland, Oregon 97520
WWt/.ashland.or.us
Tel: 541-488-liOO2
Fax: 541-488-5311
TTY: 800.735-2900
~~,
2. Increasing the number of members of the Board of Directors. The Hospital Board would like to add
their CEO and the Chief Medical Officer to the Board, so ACH requests the Council increase the
total number of board members to 14.
3. Have ACH provide a mid-year report to the City Council in writing in addition to the report that is
given at the annual meeting. Given the rapid changes in health care, both City staff and ACH staff
believe it would be good for the City of Ashland to have a mid-year report about the hospital's
operations and financial challenges, This is especially important given issues #1 and #4.
4. Remove two ofthe financial benchmarks from the facilities lease and the definitive agreement that
seem now to be an issue for ACH operations. In both Fiscal Year 2008 and Fiscal Year 2009, ACH
has violated provisions in the agreements (3.1.6.3 and 3.1.6.4 in the Definitive Agreement and 16.1.4
and 16.1.5 in the Facilities Lease) related to working capital ratio and to debt service coverage.
These violations have been the result of both conscious operating decisions of the hospital about
how to book certain bad debt and of changes in MedicareIMedicaid that have reduced revenue to
ACH. They do not indicate that ACH is failing or that the City should resume direct operations of
the hospital. Additionally, given the capital needs of ACH, we can anticipate that these violations
are very likely to recur. Both City staff and ACH staff recommend we delete these provisions,
5. Add provisions to both the Definitive Agreement and the Facilities Lease about other circumstances
when the City should either be consulted or shpuld resume operation of the hospital. For example,
the City will want to be involved if:
a. The Hospital Board recommends sale, merger, affiliation, or other formal outsourcing of hospital
operations (e.g., to Providence or Asante).
b. The Hospital loses its license,
c. The Hospital loses its accreditation or is decertified from participation in Medicare
d. The Hospital fails to provide the City with the proofs of insurance that are required by the lease
and/or definitive agreement. This is especially important to the City after Clarke v. OHSU
6. Ensure that the language that indemnifies the City from liability in all three agreements meets the
new case law. This language is now over 12 years old, and the City needs to ensure that there is
adequate separation between the two entities.
ADMINISTRATION
20 East Main Street
Ashland, Oregon 97520
www.ashland.or.us
Tel: 541-488-&102
Fax: 541-488-5311
TTY: 800-735-2900
r~'
DEFINITIVE AGREEMENT
by and between
THE CITY OF ASHLAND
and
ASHLAND COMMUNITY HEAL THCARE SERVICES
Au5/' W ,/ /<-~
ARTICLE I
1.1
1.2
1.3
1.4
1.5
ARTICLE 2
2,]
2,2
2.3
ARTICLE 3
3.1
TABLE OF CONTENTS
"
RECITALS . , , , . . , . . , , . , , , . . . . . . , , . . . , , , , , , . . , . . , , , . , , .
City Organization and Location .."..,.:."""."..".,.,."
City's Present Healthcare Operation ....,....,....,.."""""
City's Study and Determination of the Need for Restructuring .,."".,
Creation of ACHS Corporation. . . . . . . . . . , , . . , . . . . . . , . , . , , . , , .
Lease of Real Property and Transfer of Operating Assets and Liabilities. . '
TRANSFER OF ASSETS AND LIABILITIES . , . . . . . , ' . , ' , . , , . , . .
Transfer ,."".,..,........,..,....""".".".,..",
2.1.1 Cash, Bank Accounts and Investments . ' , . ' . ' . , ' . , . . . , , . , , .
2.1.2 Patient Accounts Receivable. . . . . . . , . , , ' , ' . , . , , . , , , , . , , .
2.] .3 Inventories ..'.............,...,......,.,...'...,.
2, J.4 Prepaid Expenses and Miscellaneous Assets " , , , . , , . . , ' '.' , , '
2,1,5 Books and Records . . . ' , . . , . . . , . . ' , , . , . , , , , , . . . , , , , , ,
2.1.6 Leases, Contracts and Agreements. . . . ' . , ' , . ' , . . , ' . , , , , , , .
2,1.7 Moveable Equipment and Furnishings . . . , , , . , , , . . , . . , , . ' . '
2,1.8 Liabilities and Obligations , . . . . , , , . , , , , . ' . , ' _ , _ . , , , , , , .
Exclusions from Transfer. ' . . . . , . , , , . ' , . , , , , , . . . ' . , . , . , , , , , ,
2.2.1 Real Property and Improvements .,.,.,.,.", _ , , , , . , , . ' , ,
2.2.2 Excluded Liabilities ..,'..,., _ . , _ . . , ' _ , ' , . , , . , , , , , , , ,
Use, of Assets, . . . . , . . , . . . . . . . . . . . . . , . , , . , . , , . , . ' . . ' , , . . .
LEASE OF REAL PROPERTY AND IMPROVEMENTS ,."....""
Facilities Lease .......'..'...,.'.. _ . . . , . , , . , , , . , , , , . , ' . '
3.1.1 Use and Occupancy ,... _ .'. . . . . . , , . . ' . . . . . " ' , . ' , . . , .
3.1.2 Lease Payments '. . . . . . . . . . . . . . . . ' . , . . , . . , , . . , . , . . ' . .
3.1.3 Maintenance and Repair .......'..'......,.",...,....
3,1.4 Insurance ....,........,..,..",.",..,.".,..""
3.1.5 Term ,.,..,......'.........,."..""." _ , , , . , , ,
3.1.6 Termination and Recovery of Assets. , " . , , . ' , , ' . ' , . ' , " . '
3.1.6.1 Material Breach ....".,.."."..." , , . . . ,
3,1.6.2 Insolvency. _ . . . , . . . , . , . , . . , , . . . ' . , , , . . . .
3,1.6.3 Capital Depletion .,.'.', . ' , . ' . , , , _ , " . , , , .
3.1.6.4 Debt Service Coverage "'..,.',,.,.,.......
3,1.6,5 License. ' , . . . . . . . . . . , , . . , . . , . , ' . . , , . . . .
i
Page
I
I
I
I
]
2
2
2
2
2
2
2
3
3
3
3
4
4
4
4
4
4
4
4
5
5
5
5
5
5
5
5
6
ARTICLE 4
4,1
4.2
4.3
4.4
4.5
4,6
ARTICLE 5
5,1
5,2
5.3
ARTICLE 6
6,1
6,2
6.3
6.4
6.5
6,6
6,7
6.8
6.9
6,10
6.11
6,)2
6,13
6,15
6.]6
6.17
3.) .6.6 Accreditation . . , . . ' , . . . , , , , . , , , , , . , , . , , " 6
3.1.7 Provision of Financial Information ".".""..""""... 6
3,1.8 Dissolution of ACHS '.'.'.",.,.,....,.".",.,."" 6
EMPLOYEES OF FORMER ACH . . . , . ' . . . . . . . . . . . . . , , , , , . . .. 6
Identification of Employees and Personal Service Contractors
of Former ACH ,..'............"...,...,......""'.,,, 6
Present Benefits . . . . , , , , , . , , , , , , , . , , . , . . . . . . . , . , . , . , . . . .. 6
Collective Bargaining Agreements , . , . , . , , . . . . . . . . . , . , , , . . . , , " 6
Offer of Employment by ACHS and Related Processes "......",." 7
Termination by City of Employees of Former ACH . . . . . . . . . . , . . '. . .. 7
Employees on Leave or Special Status , . , . , . , , , , , , , . , , , , . , , . 8
RELATEDORG~ZATIONS """,.,....""."...'."", 8
Foundation ,.'................".,.....,.....",.....,. 8
Auxiliary, , , , , , , . , , , , . , , , , .. , . , . . , . . , . . . , , . . . , . . . . . , , " 8
Medical Staff . . , , . . , , , , , , , , , . , . . . . . . . . ... , . , , . , , , , , . , , , ,. 8
OTHER PROVISIONS ...........,..".....,....,...".". 8
Execution of Signature Cards . . . . . . . . . . . . . . . . . . . . . . . , , , , , . . .. 8
Notification Regarding Assignment of Accounts Receivable ,.,."..". 9
Notification of Third Parties Regarding Assignment of
Contracts and Leases . ' , . . . . . . . . . . . . . . . .. , . . . . . . . . . , . . , , , , " 9
Licenses and Provider Numbers ...""",.,....,."""".". 9
Extended Reporting (i,e" "Tail") Insurance. . . . . . . , . . . . . . . . , . . . , ., 9
Indemnification of the Parties . , . , , . , . . ' , . . . . . , , , . , , . , . . . . , " ] 0
6.6.1 Indemnification of City . , , , . . , . . . . . . . , , . , . , , , . . . . . , " 10
6,6.2 Indemnification of ACHS ",'...............,...,.'.. ] 0
6,6.3 Related Notices ....,'.',.,.,.......,.,."".,...., J 0
Disclaimer of Warranties ' , . , . , . . , , , , . . . . , , , . , , , . , . , . . . . . ,. 1 ]
Costs of the Transaction ......,..,..................".,.. II
Notices , . , , , , . . . . . . . , . . . . ' , . ' . . . . . . . . . . . . . . . . . . . . . , " II
6.9.1 If to City , , , , , . , . , . , . . . . , , , . . . . . . . . . . . . . . . . , . . . .. . II
6,9.2 If to ACHS ,.. . . . ' , , . , . . . . . . . , , , , . . . , , . . , , . . , , , " J I
Governing Law ...."."...,..............,."......." 12
Captions .. , . . . . . , . , , . . . . . . . , . . . . , . . .. . . . , , , , . . . . . . , " ] 2
Waiver ,....',.......""""",..,.............."". 12
Parties in Interest ..,..... , . , , . , . . , . , , . . , . . . . . . . . . . , . , , " ) 2
Further Assurances . . . , . . . , . , , . , , , , . . , . . . . . .. . . .'. . . . , . , ., ) 2
Warranties of Authority. . . . . . ' , . . ' . ' . . . . . . . . . . . . . . . . . . . . .' 12
Entire Agyeement ,... . . . . , , . , , , , , , . , , . . . ' . . . . . , , . , . , . . " ] 2
ii
DEFINlTIVE AGREEMENT
by and between
THE CITY OF ASHLAND
and
ASHLAND COMMUNITY HEALTHCARE SERVICES
THIS DEFINITIVE AGRL",MENT (the "Agreement") is entered into on the ~ay of
Ju n t!:- , 1996 by and between the City of Ashland ("City") and Ashland Community
Healthcare Services ("ACHS") to be effective on ..7U {,r / , 1996 (the "Effective
Date"). City and ACHS are at times referred to herein as t "Parties". '
ARTICLE
RECITALS
1.1 City Organization and Location, City is an Oregon municipality located ill Jackson
County, Oregon.
1.2 City's Present Healthcare Ooeration. The City owns an acute care general hospital and
related healthcare services and facilities, which it operates through an unincorporated operating
division known as Ashland Community Hospital ("Former ACH") as authorized pursuant to
Article XVII of the City of Ashland Charter. Former ACH is governed by a City-appointed
Board of Trustees and is operated for the benefit of City residents.
1.3 City's Study and Determination of the Need for Restructuring. Following an extended
process of study, focusing on the increasing challenges and requirements of operating as a
healthcare provider, the City concluded that it will better serve the lorig-term interests of its
residents by having its healthcare services and facilities operated for their benefit by a separate
not-for-profit public benefit corporation of which the City is the sole member and in which
governance responsibility and authority is vested in a board of directors.
1.4 Creation of ACHS Corporation. Thereafter, the City created, in accordance with Oregon
law, a not-for-profit public benefit membership corporation known as Ashland Community
WGISEA 237837.05
June 5. 1996
Page 1
\
Healthcare Services, including approving its articles of incorporation and establishing itself as
sole member. As the member of ACHS, the City appointed, in accordance with the criteria set
forth in the articles of incorporation, a Board of Directors comprised of area residents and
submitted to the Internal Revenue Service a request for exemption from federal income taxation
under Section 50J(c)(3) of the Internal Revenue Code of 1986, as amended (the "Code"):
1.5 Lease of Real Property and Transfer of Operating Assets and Liabilities, The City now
desires to transfer to ACHS certain assets, liabilities and obligations of Former ACH and, in
addition, to lease to ACHS the land, land improvements, buildings and fixed equipment
previously used in the operations of Former ACH, and thereby arrange for ACHS to assume fuH
ownership and operating responsibility for the healthcare services, programs and facilities
previously operated by the City in accordance with the tcrms and conditions of this Agreement.
ACHS is willing to accept such transfer, lease such facilities, and assume such ownership and
operating responsibility in accordance with the terms and conditions set forth below herein.
THEREFORE, in consideration of the above recited fact.:; and the mutual covenants and
agreements set forth below, the Parties hereto agree as follows:
ARTICLE 2
TRANSFER OF ASSETS AND LIABILITIES
2,1 Transfer. Subject to all the provisions of this Agreement, on the Effective Date the City
shaH assign, transfer, convey and deliver to ACHS, and ACHS shall accept, all of City's right,
title and interest in and to the assets and liabilities of Former ACH described below in this
Section 2. I.
2, J.] Cash. Bank Accounts and Investments, All cash and cash-equivalents, deposit and
checking. accounts, deposits, short-term and long-term. investments, reserves (including workers'
compensation, insurance, debt service or premium rebate reserves or refunds), and contents of
safety deposit boxes.
2.1.2 Patient Accounts Receivable. All sums billed but uncollected for services prior
to the Effective Date and all right of payment for services delivered prior to the Effective Date
but not yet billed,
2,1,3 Inventories, All inventories of medical, clinical, pharmaceutical, food, office and
other disposable and consumable supplies.
2,1.4 Prepaid Expenses and Miscellaneous Assets. Any prepaid expenses, rental and
other contract deposits and prepayments, and any and all other assets except Excluded Assets as
defined in Section 2,2,1.
WG1SEA 237B37.05
June 5, 1996
Page 2
2,1.5 Books and Records. All patient lists; medical records, files and charts; financial
records; computer files and diskettes containing any information regarding any of the assets
and/or business affairs; permits, licenses, provider numbers, certificates and authorizations from
any governmental authority; any trade names, telephone listings and rights to use of telephone
numbers; and other inlangible assets.
2.1,6 Leases. Contracts and Agreements, Any contracts in effect as of the Effective Date
between Former ACH and other persons or entities (collectively, "Third Parties"), written or oral,
except for Excluded Liabilities as'defined in Section 2.2,2, including but not limited to: leases
of equipment, furnishings and other personal property; contracts with providers of goods and
services; maintenance contracts; contracts with insurers, suppliers, personnel, managed care
programs; software license agreements; employee benefit plans; accounts receivable; and accounts
payable. If any Third Party refuses to consent to assignment of its contract with Former ACH
to ACHS, or attempts to impose some condition which has not then been met, ACHS shall
nonetheless, as between the parties to this Agreement, assume responsibility for performance of
the contract and the City shall cooperate in facilitating such performance as needed as a conduit.
2,1.7 Moveable Equivment and Furnishings. Any equipment, furnishings, fixtures, and
machinery, except fixed equipment.
2. ]..8 Liabilities and Obligations. Any obligations, debts, claims, demands, expenses,
of any character, regardless of by whom or when asserted or the legal basis on which asserted,
based on acts or circumslances which occurred before the Effective Date, with the sole exception
of those claims, demands, and expenses which relate to Excluded Liabilities as defined in Section
2.2.2 (collectively, the "Assumed Liabilities"), It is the intent of the parties that, except for
Excluded Liabilities, the assumption of Assumed Liabilities by ACHS be interpreted broadly and
liberally so as to include and transfer to ACHS primary responsibility for all possible costs,
expenses and liabilities of City, its officials, employees, agents and/or representatives, relating to
Former ACH, to the extent they are not actually covered and paid by insurance coverage on
behalf of the City and/or subject to the Oregon Tort Claims Act. To that end, and except for
Excluded Liabilities, total responsibility shall be transferred to ACHS for any legal obligation or
responsibility of whatever character or cause related to the ownership and operation of Former
ACH prior to the Effective Date to which the Oregon Tort Claims Act or insurance in force with
respect to the City, its officials, employees, agents and/or representatives, does not apply, whether
known or unknown, discovered or undiscovered. matured or inchoate, contingent or not, asserted
or unasserted, accrued or not, in contract, tort or other legal basis, and regardless of the nature
of damages or other remedy sought or the category of claimant.
City also hereby assigns and transfers to ACHS, and authorizes ACHS to assert against third
parties (not including City, its officials and/or employees) any right of offset, credit, or defense
which City may have against such third parties which is in any way based on or related to City's
ownership or operation of Former ACH, City further hereby assigns and transfers to ACHS and
authorizes ACHS to assert against any third party (not including City, its officials and/or
WGISEA 237837.05
June 5. 1996
page )
employees) any right including the right of subrogation which City may have against third parties
responsible in whole or in part for any claim, demand, damage or expense for which ACHS has
made payment as part of its obligations concerning Assumed Liabilities.
2.2 Exclusions from Transfer. Assets and liabilities related to the operation of Former ACH
which are excluded from the transfer of assets and liabilities to ACHS include the following, all
of which shall be retained by the City:
2.2. I Real PropertY and Improvements. All real property and improvements owned by
the City as of the Effective Date which prior to'the Effective Date were used or available for use
in the operation of Former ACH, including land, land improvements, buildings and fixed
equipment, all as further described on Exhibit 2.2.1, .
2.2.2 Excluded Liabilities, The balance outstanding as of the Effective Date of any
long-term debt incurred to acquire, construct and/or renovate the real property and improvements
described in Section 2.2.1, together with contracts, liens and other obligations related to such real
property and improvements,
2.3 Use of Assets. ACHS hereby agrees that from and after the Effective Date, it shall use
the assets transferred to it pursuant to this Agreement in a manner consistent with the purposes
set forth in its articles of incorPoration as approved by the City from time to time to provide
healthcare and. related services,. programs and facilities for the benefit of residents and visitors
in Ashland and the surrounding service area.
ARTICLE 3
LEASE OF REAL PROPERTY AND IMPROVEMENTS
], I . Facilities Lease. City hereby agrees to enter into a long-term lease (the "Facilities Lease")
with ACHS effectiveas-ofthe Effective Date pursuant to which it shall lease to ACHS all of the
real property and improvements described in Section 2.2, I (the "Leased Premises"), Terms and
conditions of the Facilities Lease shall not be inconsistent with the following provisions:
3.1.1 Use 'and OCCUpanCY, ACHS shall have the right to occupy and use the Leased
Premises for purposes consistent with its corporate articles,
3.1.2 Lease Pavrnents. ACHS shall be obligated to make lease payments to the City in
an amount sufficient to meet as due any and all principal and interest payments on the Excluded
Liabilities described in Section 2.2.2 as the same become due and payable and to defray the out-
of-pocket costs incurred by the City which but for its roles as Member of ACHS and Lessor
under the Facilities Lease could have been avoided.
3,1.3 Maintenance and Repair. ACHS shall be responsible to use the Leased Premises
with due care and shall be obligated to maintain them in good order and repair, making such
WGISEA 237931.05
JUne 5, 1996
Page 4
repairs, restorations. replacements and additions as may be necessary or desirable during the term
of the Facilities Lease, including those caused by ordinary wear and tear and those whicb become
structurally necessary or desirable; provided, however, that the City will not unreasonably
withhold its agreement to acquire and finance such structural repairs, restorations, replacements
and additions if requested to do so by ACHS so long as ACHS is willing and able to adjust its
lease payments under the Facilities Lease by an amount sufficient to meet the additional principal
and interest payments on debt incurred in connection therewith,
3.1.4 Insurance. ACHS shall maintain adequate comprehensive public liability and
replacement value property damage insurance on the Leased Premises and the activities being
carried on in or around the Leased Premises and shall agree to save, indemnify, defend and hold
the City harmless with respeCt to any loss or damage incurred with respect to the Leased
Premises.
3,1.5 Term. Subject to the continued existence of ACHS, the initial term of the
Facilities Lease shall be ten (10) years. In addition, ACHS shall have an option to extend the
Facilities 1 ,ease for four (4) additional terms of five (5) years each, up to an aggregate of thirty
(30) ye<:.." provided it is not in default under the Facilities Lease at the time of such extension
and further provided that this provision shall not permit the aggregate term of the Facilities Lease
to be extended beyond the maximum number of years permitted by law.
3.1.6 Termination and Recoveiv of Assets. The City shall have the right but not the
obligation to terminate the Facilities Lease..and assume responsibility for operation of the Leased
Premises if one or more 'of the following events occurs:
3.1,6,1 . Material Breach. ACHS materially breaches the Facilities Lease or its lease
payment obligations and fails to cure such breach within the specified timeframe;
3.1.6,2 Insolvencv, ACHS becomes insolvent; the term "insolvent" as used herein
is defined to mean: a condition in which for a period of thirty (30) or more days, ACHS'
cash and other liquid assets are insufficient to meet its debts or discharge its liabilities
when due,
3.1,6.3 Capital Depletion. ACHS's working capital ratio, as defined in accordance
with generally accepted accounting principles, at the end of any two consecutive calendar
quarters is less than 2 to I;
3.1.6.4 Debt Service Coverage. ACHS's debt service coverage (including lease
payments under the Facilities Lease) for any fiscal year is less than 1.25 to I; "debt
service coverage" as used herein is detennined by dividing "an by "b" where "a" is the
sum of (I) the excess of revenues and gains over expenses and losses, (2) depreciation
expense, and (3) interest expense, and "b" is the sum of (I) principal payments due in the
current period and (2) interest expense.
WGISEA 231837.05
June 5, 1996
Page 5
3,1.6.5
License, ACHS fails to maintain its state hospital license;
3,1.6,6 Accreditation, ACHS fails to maintain its accreditation with the Joint
Commission on Accreditation of Healthcare Organizations or an acceptable equivalent for
acute care general hospitals in the State of Oregon, or fails to take reasonable corrective
action with respect to one or more significant patient care deficiencies noted in an
accreditation survey,
3.1.7 Provision of Financial Information. ACHS shall be required to timely furnish the
City with audited annual fmancial statements, periodic'unaudited fmandal iftformation, and other
information concerning ACHS's operations, to the extent reasonably requested from time to time
by the City.
3.1.8 Dissolution of ACHS. If an event occurs which gives the City the right to
terminate the Facilities Lease, the City shall also be entitled as sole member of ACHS but not
obligated to dissolve ACHS and assume operating responsibility for ACHS's healthcare services
and activities.
ARTICLE 4
EMPLOYEES OF FORMER ACH
4, I Identification of EmDlovees imd Personal 'Service Contractors of Former ACH. City
represents that attached hereto as Exhibit 4.] is a"current, correct 1 complete list of all
employees and personal service contractors of Former ACH as of tt / ~ , 1996, and for
employees of Former ACH, their job titles, full or part-time status, nrte of pay (including any
bonus eligibility and its tenris), accrued sick leave, vacation .and other leave time, and, length of
service recognized for pension, seniority and other personnel purposes at Former ACH as of the
date of that exhibit.
4.2 Present Benefits, As of the Effective Date, to the extent that they qualify under the terms
of the applicable plan, the employees of Former ACH participate in the City employee benefit
plans listed on Exhibit 4.2A, copies of which plans have been provided to ACHS. A description
of all employee benefits in force as of the Effective Date is set forth in Exhibit 4.2B. The
employees of Former ACH who are listed on Exhibit 4,2C are at the date of that exhibit on
maternity, family, disability or other leave, as indicated on that exhibit.
4.3 Collective Bargaining Agreements. City represents that it is not a party to or otherwise
subject to any collective bargaining agreements with respect to any of the employees of Former
ACH and that there is no pending or threatened labor dispute, strike, work stoppage, or election
concerning bargaining representation concerning such employees.
4.4 Offer of EmDlovrnent bv ACHS and Related Processes. As of the Effective Date, ACHS
shall offer employment in positions comparable to their last employment or personal services
NGISEA 237837.05
June 5. 1996
Page 6
contract with Fonner ACH to all employees and personal services contractors of Fonner ACH, .
with an initial total compensation package and total benefits package comparable in value to that
in effect immediately prior to the Effective Date, including but not limited to retirement benefits,
ACHS shall not be required to offer or provide identical benefits to employees of Fonner ACH,
City shall assign and ACHS shall assume sponsorship of those Former ACH Employee Benefit
Plans listed on Exhibit 4,2B; City and ACHS shall execute such other agreements and. take any
and all other actions necessary or appropriate to effectuate the assignment and assumption of such
plans. City hereby agrees to terminate as of the Effective Date those Former ACH Employee
Benefit Plans listed on Exhibit 4.2D.
ACHS shall recognize Former ACH-recognized continuous length of service for employees of
Former ACH as if earned at ACHS for purposes of eligibility and accrual of vacation, sick leave,
bereavement leave, and other ACHS employee benefits, If, for any reason, ACHS does not
continue the participation of the employees of Former ACH in tbe PERS retirement plan, the
parties hereto agree to cooperate with respect to the termination (or freezing of the assets) of such
plan, and ACHS agrees that in such event it will use its best efforts to replace such coverage with
,. similar retirement plan.
ACHS shall carry forward accumulated vacation and sick leave (as shown on Exhibit 4.2E, as
updated to the Effective Date) for all employees of FOITl)er ACH except as City has paid such
persons for such accruals pursuant to its legal obligations and notified ACHS in writing of the
extinguishment of the accrual in that manner, prior to or as of the Effective Date. Time carried
forward shall be. limited to any maximum accumulation provisions in ACHS's employment
policies, .and the future use, forfeiture, and other tenns of the time carried forward shall be
subject to ACHS's current or then existing policies in all respects. ACHS shall notify City in
writing not less than 5 days before the Effective Date of any accumulated time which exceeds
its maximum accumulation policies, and City shall make any legally-required payment for time
which cannot be carried forward.
ACHS's future relationships with the employees of Former ACH will be subject to..applicable
policies of ACHS and will not be based on their prior City employment or contract status, After
the Effective Date, ACHS shall be free to implement its own employee policies and programs,
provided that the specific requirements of this Agreement shall be honored in doing so, ACHS
shall be under no continuing commitment or obligation to continue the employment of any or all
of the Former ACH employees.
4.5 Termination by Citv of Emolovees of Former ACH. City shall take all steps and give all
notices required to terminate all employees of Former ACH, Such notices will be given in
compliance with any employment agreements then in effect and all applicable laws and
regulations, including giving notice of any layoff or "plant closure" required under federal or
state law by reason of such It:rminations. ACHS shall be responsible to give any required notice
oflayoff or "plant closure" under federal or state law by reason of any failure to timely offer and
implement employment for employees of Former ACH or any subsequent decision to tenninate
or lay ofT some or all of them after the Effective Date.
WGIS~ 237B3?05
June 5, 1996
PAge 7
4.6 Employees on Leave or Soecial Status. At the time of this Agreement, City has certain
Former ACH employees on workers' compensation leave, special duty or other special status due
to asserted on-the-job injury or other cause, as more fully described in Exhibit 4.2F. ACHS
agrees to continue such special status or appropriate alternative arrangements and to reinstate such
workers when they are released to return to 'work in the same manner as would have been
required of City by law had such persons continued in the employ of City following the Effective
Date.
ARTICLE 5
RELATED ORGANIZATIONS
5.1 Foundation, The City shall work with the directors and officers of the Ashland
Community Hospital Foundation (the "Foundation") to accomplish such changes in" the
Foundation's corporate articles and bylaws as are necessary or desirable in order for the
Foundation to be structured as a support organization to ACHS. Further, the City will cooperate
to the fullest extent, including buf not limited to communicating with donors and executing
appropriate documents, to maximiL.c !he availability to ACHS of pledges and donations received
by the Foundation prior to the Effective Date that were given by donors with the explicit or
implicit understanding that such amounts would be used for the benefit of Former ACH.
5,2 Auxiliarv. The City shall work with the directors and officers of the Ashland CommllIlity
Hospital Auxiliary (the "Auxiliary") to accomplish such changes in the Auxiliary's organizational
documents as are,necessary or desirable for the Auxiliary to be a related organization"to ACHS.
5.3 Medical Staff... ACH.S shall take all steps necessary to officially recognize ACHS's
relationship to the Ashland Community Hospital Medical Staff (the "Medical Staff"), including
ratification of Medical Staff bylaws, rult;s and regulations which shall have been modified in
ways that are reasonably acceptable to the Medical Staff and ACHS's Board.
ARTICLE 6
OTHER PROVISIONS
6,1 Execution of Signature Cards, .On. the Effective Date and thereafter as required, City and
ACHS shall execute any signature or access cards, asset transfer forms or instructions, or other
documents necessary to effectively remove City's name and authority from accounts transferred
to ACHS pursuant to Section 2,1,1 and to substitute ACHS's name therefor. ACHS shall have
the responsibility to determine any such documents required and to timely present them to the
City for execution.
6.2 Notification Regarding Assignment of Accounts Receivable. After the Effective Date, at
ACHS's request, City shall promptly sign appropriate notices of assignment of accounts
receivable to be given by ACHS to all payers and other relevant parties, and City shall otherwise
WGISEA 2378]7.05
June S. 1996
P~ge B
give reasonable assurances of the assignment to any other party as necessary to facilitate ACHS's
collection efforts. City shall promptly forward to ACHS any payments received after the
Effective Date on accounts assigned to ACHS pursuant to this Agreement.
6.3 Notification of Third Parties Regarding Assignment of Contracts and Leases, Prior to the
Effective Date, City shall notify each other person or entity which is a party to a contract or lease
assumed by ACHS pursuant to Section 2.1.8 whose consent to assignment is required, of City's
intent to transfer such contract or lease to ACHS as of the Effective Date, ACHS shall assist and
cooperate with City in providing any financial statement or other assurance reasonably necessary
to induce such other parties to accept the proposed assignment. If any such person or entity fails
to respond favorably, objects or attempts to impose some condition which has not then been met,
ACHS shall nevertheless, as between the parties to this Agreement, assume responsibility for
performance of such contract or lease and City shall cooperate in facilitating such performance
as needed as a conduit.
6.4 Licenses and Provider Numbers, ACHS shall take all actions necessary to obtain any
license or transfer of license required for its future operation of the assets transferred and leased
by the City pursuant to this Agreement, and arrange for transfer of Former ACH's existing
provider number(s), or issuance of any new provider agreement and number necessary for its
continued participation in federally or state funded healthcare programs, including but not limited
to Medicare and Medicaid. City shall assist and cooperate by signing any necessary documents
releasing the prior license or hospital provider ntimber.
6,5 Extenoed Reoorting (i,e.. "Tail"-) Insurance, For a period of five years from the Effective
Date, ACHS shall (a) obtain an extended reporting ("tail") insurance extension for at least a five
year period for any coverag'e related to Former ACH or its operations which is being terminated
by the City; or (b) procure a new policy of insurance for ACHS operations which is endorsed for
coverage of prior unreported claims arising from the.City's ownership and operation of Former
ACH prior to the Effective Date.
Any replacement insurance shall be designed to leave no gap based on the reporting date for
liabilities prior to the Effective Date and claims not reported within the five-year period following
the Effective Date.
City agrees to cooperate with ACHS to the fullest extent to see that its liability protection under
the Oregon Tort Claims Act is made fully applicable to any fmancial responsibility assumed by
ACHS with respect to such claims arising prior to the Effective Date,
In order to maximize the benefits of City-procured insurance, ACHS shall promptly report to City
any notice of claim or other information it derives or receives at any time following the Effective
Date indicating a potential specific claim based on acts, inaction, conditions or conduct of City
or any person or entity for which it is or might be legally responsible, for periods prior to the
Effective Datc, and shall cooperate fully with City's insurer(s) in the investigation and defense
of all such claims,
WGISEA 237831.05
June 5, 1996
Page 9
6,6 Indemnification of the Parties.
6,6,1 Indemnification ofCitv. ACHS hereby agrees to save, indemnifY, defend and hold
City, its officials, employees, agents and representatives harmless from and against all claims,
losses, liabilities, damages, awards, judgments, assessments, costs and expenses of any kind or
nature, including reasonable attorneys' fees, arising out of or caused or incurred by virtue of or
attributable to ACHS's failure to satisfy or perform its obligations and duties arising under this
Agreement, or ACHS's negligence, illegal or wrongful misconduct, or intentional acts or
omissions related to this Agreement. In addition, by entering into this transaction, ACHS
concurrently assumes and undertakes binding obligations to save, indemnify, defend and hold
City, its officials, employees, agents and/or representatives harmless from City obligations
assumed pursuant to Section 2.1.8 and to defend and indemnify City, its officials, employees,
agents and/or representatives from all expenses, claims, obligations and liabilities to the extent
provided in Section 2.1.8. Neither ACHS's assumption of liabilities and obligations nor its
agreement to defend and indemnifY City, its officials, employees, agents and/or representatives
shall create any new or additional rights in any third party. ACHS's responsibilities with respect
to third parties shall be Ibited to assumption or indemnification of those third-party rights which
such persons and/or enti(i~s would have had at the time of their assertion if asserted against the
City, its officials, employees, agents and/or representatives in the absence of this transaction.
Notwithstanding anything to the contrary set forth herein, for purposes of this Agreement, ACHS
shall be under no obligation to City's officials, employees, agents and/or representatives unless
the City has a legal duty to indemnifY, defend and hold such persons harmless by reason of any
acts or obligations existing as of the Effective Date or as provided for in this Agreement.
6,6,2 Indemnification of ACHS. To the extent permitted by the Oregon Constitution and
the City's Charter, the City shall~within the limits of the Oregon Tort Claims Act, indemnify
ACHS, its employees, agents and representatives, against any liability for damage to life or
property arising from the City's activity under this Agreement. The City'shall not be required
to indemnify ACHS, its employees, agents and/or representatives for any such liability arising out
of the wrongful acts of ACHS or the employees, agents and/or representatives of ACHS.
6.6,3 Related Notices. Each party hereto shall promptly notifY the other party in writing
of any claim, demand, obligation, liability, damage, recovery or deficiency for which it asserts
the other party has the primary responsibility to perform or payor to defend and indemnify it
under any of the terms of this Agreement. Such notice shall include a brief description and
furnish reasonable details with regard to any such matter, and the notifying party shall thereupon
tender defense of such matter to the other party. The notifying party shall have the additional
right, if it so elects, to participate in the defense of any such matter through counsel of its own
selection but shall do so at its own expense unless separate counsel is legally or ethically required
10 be offered by the other party. The notifYing party shall fully cooperate with the indemnifYing
party and its counsel and make available all books, records and documents in its possession and
all personnel who have information which the indemnifYing party or its attorneys request.
WGJSEA 237837.05
June 5. 1996
Page 10
6.7 Disclaimer of Warranties. The 'assets transferred by City to ACHS pursuant to Section
2.1 are being transferred and accepted in their condition as of the Effective Date, "AS IS", WITH
NO WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE, any and all of which warranties (both express and
implied) City disclaims. Notwithstanding the foregoing, City shall use its best efforts to secure
the transfer of any merchant's or manufacturer's warranty currently in effect with respect to any
of the assets transferred. .
6.8 Costs of the Transaction. The expenses related to this transaction, including but not
limited to costs of transferring the .assets and liabilities of former ACH and terminating the
Former ACH employees, which have been incurred (by City, Former ACH and/or ACHS) prior
to the Effective Date shall be borne by Former ACH and, to the extent the same remain unpaid
as of the Effective Date, shall be assumed by ACHS; expenses related to this transaction which
are incurred later than thirty (30) days after the Effective Date shall be borne by the party
incurring such expense.
6.9 Notices. All documents, notices, requests, deman~s and 'other communications that are
required or permitted to be delivered or given under this Agreement shall be in writing and shall
be deemed to have been duly delivered or given upon: (a) the date of delivery thereof if
delivered in person; (b) one business day following the date on which such notice is sent by
facsimile or telecopy, or (c) three business days following the date on which such notice is sent
by registered or certified mail, return receipt requested, postage prepaid, properly to the following
addresses and/or telecopy/telefax numbers:
6.9.1 If to Citv:
City Administrator
City of Ashland
20 East Main
Ashland: OR 97520
6.9.2 If to ACHS:
President .
P.O. Box 98
280 Maple Street
Ashland, OR 97520
6.10 Governing Law. This Agreement shall be governed by, construed and enforced In
accordance with the laws of the State of Oregon.
6.11 Captions. The caption headings in this Agreement are for convenience of reference only
and are not intended to be. and should not be construed as, a part of this Agreement.
WGISEA 231837.05
June 5, 1996
Page 11
-6.12 Waiver. The provisions of this Agreement may be waived only in writing signed by the
Party or Parties entitled to the benefit thereof. A waiver of any breach or failure to enforce any
provision of this Agreement shall not in any way affect, limit or waive a Party's rights hereunder
at any time to enforce strict compliance thereafter with every provision of this Agreement.
6.13 Parties in Interest. This Agreement shall be binding upon and shall inure solely to the
benefit of the Parties hereto and their respective successors, and nothing in this Agreement,
express or implied, is intended to confer upon any other person any rights or remedies of any
nature whatsoever under or by reason of this Agreement. This Agreement shall not be assignable
other than by operation of law by either Party hereto without the prior written consent of the
other.
6_ J 4 Mutual Cooperation. The ability of each Party to perform under this Agreement depends
at least in part upon the cooperation of the other Party. Accordingly, each Party agrees to
cooperate with the other in good faith so that the purposes of this Agreement may be fulfilled.
6.15 Furtber/!,~surances. Each Party hereto hereby agrees that upon the written request of the
other Party h~,,,to it will. do all such acts and execute all such further documents as may
reasonably necessary in order to better evidence and/or perfect any of the provisions hereof or
any of the rights, powers, discretions, duties and obligations intended to be created hereby and/or
in order to effectuate any pro":ision hereof or of any such further document.
6.] 6 Warranties of Aothoritv. Each person signing this Agreement represents and warrants that
he or she is duly authorized to sign as the free and voluntary act and deed of the organization he
or she represents.
6. I 7 Entire Agreement. This Agreement constitutes the entire agreement and understanding
of the Parties with respect to the transactions contemplated hereby, superseding any and all prior
agreements and understandings relating to the subject matter hereof," and may not be modified,
amended or terminated except in writing signed by both of the' Parties. .
WGISEA 231831.05
June 5, 1996
Page 12
IN WITNESS WHEREOF, each of the parties hereto has duly executed this Agreement as of the
date first above written.
CITY OF ASHLAND
BY~~
By ~~4---t>t..______
Its '--~['T --
ASHLAND COMMUNITY HEAL THCARE SEI<VICES
'6
~i.j
By "!!s~fj~.1-U~.
WGISEA 2318J7.0~
..June 5, 1996
Page 1)
EXHIBIT 2.2.1
REAL PROPERTY AND IMPROVEMENTS
SEE ATTACHED EXHIBITS A. B, & C
WG1SEA 237837. OS Page 1
June 5, 1996
EXHIBIT A
LEGAL DESCRIPTION
REAL PROPERTY OF ASHLAND COMMUNITY HEALTHCARE SERVICES
Property:
Address:
Tax Lot:
Document:
Description:
Property:
Address:
Tax Lots:
Document:
Description:
ASHLAND COMMUNITY HOSPITAL
280 Maple, Ashland, OR 97520
39-1E-05DB, Lot 2100
Warranty Deed filed in Jackson County Coorthouse (Vol. 487, Pg. 504)
Lots 1,2, and 3 of the Wimer Subdivision to the City of Ashland, Jackson
County, Oregon.
JACKSON COUNTY PHYSICAL THERAPY
559 Scenic Drive, Ashland, OR 97520
39-1 E-05DB, Lot 2400
Warranty Deed filed in Jackson County Courthouse (95-14481)
Lot Five (5) of the Wimer Subdivision to the City of AsWand, Jackson
County, Oregon, according to the official plot thereof, now of record.
EXCEPTING THEREFROM that portion of said Lot 5 lying West of a
line which is 191.0 feet North 89 53' West of and which line bears North 0
31' West parallel with, the west line of Scenic Drive in said City, as
conveyed to the City of AsWand, by deed recorded in Volume 488 page 21
of the Deed Records of Jackson County, Oregon.
(See map attached)
_a..a
ST.
,.- QJXl-
1509
];
i
, .
J:D)
C, 1502
. T
..'
MAPLE
lOX>
~
lO
,.....:.
p. .
,u
I~
i
150tt ,
: .
QUit ;,
, 2 .
_.i..~'~_ _
';00'......).1'+) noo
I ,au.llc
~
.- -.. ,
noz 1800
1
,
, .
".'1' ,~.
fiOOJ
,u-'
_;CI)
(f'P
SEE
DETAIL .MAP 2
_ _' 11-" ~ ....-. , .:....' _, ~ ._'
... - ...
31 IE 5/'C
"I "....~
~.. ,. - . V\! ..i'--..
.'1'
- . - .-'_10'" ~~Ol ~.;': ___'"1 ~ -r.- ,-... ! ..
.. 600 "_.'n ).'-006_.
100 (,.,W't':> li'j!l .t 0,."" I .
;>.T1Ac '(I.....' I
0"'"" ,.....u'2
023.\: ~~ ~ "....no!) ~
PLAT ~ .,
"ARTlTlON , "
-, -F ~..'" .. ttO, P-3-1Pli3 ~ -- ~.
,.. :~ . .
100; .... Ie. S.-ll)Oaj ~ ~
!lOJ eoo 700 If.
. (n_.....',H) ..p.~' 1(0
;* ~ ~ w
I Q31Al:.. ::' . I ,>
w ......cri. " ~'a:
. '. "'- ~~
6~~'" ..,,JI> .lHJ.' ,:~ C.. ~ ,1
- .. ,.. . "...- -.
.' o.
EXHIBIT A
Page 2
.I~ g
---,.
I ,
t-'
<n
. ..
P'..\"!
....
,
t
....... J
210J
I I I
I
~ AfLAND I
CO MUNIT)j
HO PITAL I
I
I ~ t
~~1<~ ,1 I
, I
.0- -=..~ L
...'
.
.
.
"
5-1
I
l-
=>
:z
l-
ll>
W ,..LU
;:; +--C6JAUN~
.:: .:r
..
<703
..
-<IlOO ~100 <102
; 1< E R R I .
. ,
. ,
,.
- <~b
ft.l.
ICS_I~~
s
7 . t.,
- _ T\ -r-. ~_ . T:"~.u
~h";-- ,.-:.-=- 1...l._,~_-J 't'
~~. ~'i' U r~~'Hn-'
~ 5304 .l~~ ~:- ~lT
ST.
.10....... H'
I ~
I
t
+ E
---1
~- w
~
.,
0
,
~
n.' I
.
t'1
l=
* ':
.' ~
""'" = .,.
OK", ,
.. . ',._ - t
"h.. : "ZG02 "-4;.
2601 02. 4c
o Ii. .Ie PARTITION"
.- I : PLAT NQ
- P-102-t990
... (P..I22OI1.;....
= 3000
: .
, .3= ..00 " r
. ..,.
-' -~=. ~
t" 3~~ ..."
3:Ijl,
<_6..":;...; .'i;-
....- -..-
,~
r1 j:
"f f.1
'.'
o .
I
..
I ~
o
~
''''3:; -7.' ]301
"l:'.... .) ";.
~_r'" ... 0.'1(. 7
,-
~~.
...
.~,"!
. ~'SGOO
. ,.
3<<lO
.; ..I~.
.,.
C".....,
: 3~2
.
."
~
e
2
:z:
'W
-u :
.(1).;
.~ ';:..:i..J
ii...:,.
'. -:
o. ~
.
a ;k
'.
.... ,,;,.:'~ i
".. " ". . ~ .
-"hl,$.;;.,
..:..:.,j~}5: ~
.>>:XI""-"r.:~
., -
~
3.100
....,,,.-.......- ;.......
~"'...
J....J:....
.oo:l
..
i.
'"
4. .
EXHIBIT B
DESCRIPTION OF THE FACILITY
ASHLAND COMMUNITY HOSPITAL
Ashland Community Hospital is a multilevel 60,000 sq. ft. facility built in 1961.
Several additions have been made in the interim.
General Construction:
u
.
Type I building with wood framing
Wood/stucco combination siding
Concrete basement walls
Flat, single ply roof with metal mansards
Metal Windows.. both single and double pane
Fire protection a.nd fire sprinklers throughout
.
.
.
'.
.
Floor Plan:
. Three wings extending from a central hub
Adjacent Building:
.
One cinder-block outbuilding, consisting of generator room, carpentry ship, storage
area, and medical gas supplies (3200 sq. ft.).
Value:
. On June. 30, 1996, Ashland .community Hospital has a Net Book Value of
$3,200,000:00. This approximation is made up of the following as per the Marshall
& Stevens Asset Report Document:
Land
34,000
Land Improvements
127,000
Buildings
1,996,000
Fixed Equipment
1,097,000
NOTE:
Details supporting these totals are on file in the Accounting Office of
Ashland Community Hospital.
EXHIBIT C
Description of Non-Hospital Improvements
Property Type:
Office Building
Location:
559 Scenic Drive, Ashland, Oregon
Improvement Description:
Existing wood frame single story
office building with a total gross
building area of approximately
2,248 squaTG feet (including
basement st0rage). There is one
(1) wood frame single story
detached building of approximately
412 square feet adjacent to the
main building.
Site size:
21,774 square feet or .50 acres.
Zoning:
R-2, Low Density Multiple-Family
Residential/HC, Health Care
Services Zone, City of Ashland_
Value:
On June 30, 1996 the above
described property has a Book Value
of $219,000.00 as.per the Marshall
& Stevens Asset Document.
Note:
Details supporting this total are
on file in the Accounting Offic~ of
Ashland Community Hospital.
WGISEA 237837.05
June 5. 19~6
EXHIBIT 4. ]
EMPLOYEES AND SERVICE CONTRACTORS
INFORMATION ON FILE AT ASHLAND COMMUNITY HOSPITAL
Pag~ 1
WGISEA 231831.05
June 5, 1996
EXHIBIT 4.2A
CITY EMPLOYEE BENEFIT PLANS
IN WH1CH FORMER ACH EMPLOYEES PARTICIPATE
INFORMATION.ON FILE AT ASHLAND COMMUNITY HOSPITAL
pa.ge 1
WGISEA 231831.05
June S. 1996
EXHIBIT 4.2B
EMPLOYEE BENEFITS
IN FORCE ON THE EFFECTIVE DATE
INFORMATION ON FILE AT ASHLAND COMMUNITY HOSPITAL
Page 1
WGISEA 237837.05
June 5. 1996
EXHIBIT 4.2C
FORMER ACH EMPLOYEES
PRESENTL Y ON LEAVE
INFORMATION ON FILE AT ASHLAND COMMUNITY HOSPITAL
Page 1
WG1SEA 237837.05
J\me S. 1996
EXHIBIT 4.2D
FORMER ACH EMPLOYEE BENB'IT PLANS
WHICH WILL BE TERMINATED BY CITY
INFORMATION ON FILE AT ASHLAND COMMUNITY HOSPITAL
page 1
WGISEA 2]78]7.05
June 5. 1996
EXHIBIT 4.2E
FORMER ACH EMPLOYEES
ACCUMULATED VACATION AND SICK LEAVE
INFORMATION ON FILE AT ASHLAND COMMUNITY HOSPITAL
Page 1
WG1SEA 231831.05
June 5, 1996
EXHIBIT 4,2F
FORMER ACH EMPLOYEES
ON SPECIAL STATUS
INFORMATION ON FILE AT ASHLAND COMMUNITY HOSPITAL
Page 1
F ACIUTIES LEASE
by and between
CITY OF ASHLAND
and
ASHLAND COMMUNITY HEALTHCARE SERVICES
SECTION I
1.1
1.2
1.3
SECTION 2
2.1
2.2
2.3
2.4
2.5
SECTION 3
3.1
3.2
\
TABLE OF CONTENTS
Page
BASIC LEASE PROVISIONS AND ENUMERATION
OF EXHIBITS. .'. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. I
Basic Lease Provisions ...................,........... I
Significance of Basic Lease Provisions .................... 2
Enumeration of Exhibits .............................. 2
PREMISES ., . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 3
Definition ........................................ 3
2.1.1 Hospital ,................................... 3
2.1.2 Other Buildings and Related Improvements ............ 3
Lessee's Rights to the Premises ......................... 3
No Representations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 3
Triple Net Lease ................................... 3
Ownership of Improvements ........................... 3
TERM ..................,....................... 4
Initial Term. . . . . . . . . . . . '. . . . . . . . . . . . . . . . . . . . . . . . . ., 4
Extended Term(s) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 4
/
SECTION 4 BASIC ANNUAL RENT. . . . . . : . . . . . . . . . . . . . . . . . . . . . .. 4
'SECTION 5 UTILITIES . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ., 4
SECTION 6
6.1
6.2
6.3
6.4
SECTION 7
7.1
7.2
7.3
PROPERTY TAXES ................................ 5
Definition of Real Property Tax .. . . . . . , . . . . . . . . . . . . . . . .. 5
Lessee's Responsibility for Real Property Taxes .............. 5
Personal Property Taxes .............................. 5
Imposition of Taxes and Assessments ...................... 5
USE............................................ 5
Use of Premises . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 5
Prohibition of Certain Activities or Uses ................... 6
Affirmative Obligations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 6
SECTION 8 MAINTENANCE AND REPAIRS;
WGISEA 241801.05
June 5, 1996
8.1
8.2
8.3
ALTERATIONS; DESTRUCTION. . . . . . .. . . . . . . . . .. . . . .. 6
Repairs and Maintenance . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 6
Capital Improvements ... . . . . . . . . . . . .'. . . . . . . . , . . . . . . .. 7
Requests for Capital Improvements and
financiiu Participation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 7
pestruction ......,................................ 7
8.4
SECTION 9
9.1
9.2
SUBLETTING AND ASSIGNMENT ........,............ 8
Permitted Subletting and Use . . . . . . . . . . . . . . . . . . . . . . . . . .. 8
Prohibition on Assignment and Subletting .................. 8
SECTION 10 INDEMNIFICATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 8
10. I Indemnification by Lessee .. . . . . . . . . . . . . . . . . . . . . , . . . . ,. 8
10.2 Release of Lessor . . . . . . . . . . . , . . . . . . . . . . . . . . . . . . . . . .. 9
10.3 Litigation .............................:.......... 9
SECTION 11 INSURANCE ..................................... 9
11.1 Property Insurance .................................. 9
11.2 Liability Insurance .................................. 9
11.3 Subrogation...................,.................. 10
SECTION 12 CONDEMNATION ................................ 10
12.1 Event of Condemnation. . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 10
12.2 Total Taking ..................................,.. 10
12.3 Partial Taking .................................... 10
12.4 Condemnation Proceeds. . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 11
12.5 Termination.......................,.............. 11
12.6 Lessee's Award ................................... II
SECTION 13 MORTGAGES, LIENS, PLEDGES AND
OTHER ENCUMBRANCES ....,..................... I I
SECTION 14 FINANCING SUBORDINATION. . . . . . . . . . . . . . . . . . . . . .. II
14.1 Subordination .................................... 11
14.2 Amendment.......,.............................. 12
14,3 Attornment...................................... 12
SECTION 15 LESSEE'S RIGHT OF FIRST REFUSAL. . . . . . . . . . . . . . . .. 12
SECTION 16 EVENTS OF DEFAULT; REMEDIES OF LESSOR. . . . . . . . .. 13
16.1 Default by Lessee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 13
16.2 Remedies ....................................... 13
16.3 Past Due Sums; Penalty. . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 14
WGlSEA 241801.05
June 5.1996
SECTION 17 PROVISIONS APPLICABLE AT TERMINATION OF LEASE.. 14
17.1 Surrender of Premises. . . . . . . . . . . . . . , . . . . , .. . . , . . . . .. 14
17.2 Holding Over . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . " 15
SECTION 18 ATTORNEYS' FEES. . . . . , . . . . . . . . . . . . , . . . . . . . . . . " 15
SECTION 19 ESTOPPEL CERTIFICATE. . . . . . . . . . . . . . . . . . . . . . . . . ., 15
19.1 Lessor's Right to Estoppel Certificate. . . . . . . . . . . . . . . . . . .. 15
19.2 Effect of Failure to Provide Estoppel Certificate. . . . . . . . . . . .. 15
SECTION 20 OTHER PROVISIONS. . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 15
20.1 Relationship................................. . . . .. 15
20.2 No Waiver ...................................... 16
20.3 Notices...........,............................. 16
20.4 Captions; Attachments; Defined Terms ................... 16
20.5 Partial Invalidity. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 16
20.6 Inspection of Prernises .............................. 16
20.7 Binding Effect. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 16
20.8 Choice of Law. . . . . . . , . . . .. . . . . . . . . . . . . . . . ... . . . . .. 16
20.9 Entire Agreement. . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. 17
EXHIBIT A LEGAL DESCRIPTION OF PREMISES . . . . . . . . . . . . . . . . .. 19
EXHIBIT B DESCRIPTION OF HOSPITAL FACILITY . . . . . . . . . . . . . . .. 20
EXHIBIT C DESCRIPTION OF NON-HOSPITAL IMPROVEMENTS. . . . .. 21
EXHIBIT D SCHEDULE OF BASIC ANNUAL RENTS. . . . . . . . . . . . . . .. 22
WGISEA 241801.05
June 5, ] 996
FACILITIES LEASE
by and between
CITY OF ASHLAND
and
ASHLAND COMMUNITY HEALTHCARE SERVICES
THIS FACILITIES LEASE ("Lease") is made and entered into as of the 18th day of
June, 1996, by and between the City of Ashland, Oregon ("Lessor"), an Oregon
municipality, and Ashland Community Healthcare Services ("Lessee"), an Oregon
nonprofit corporation which is exempt from federal income taxation pursuant to
Section 501(c)(3) of the Internal Revenue Code of 1986, as amended (the "Code").
Lessor does hereby lease to Lessee and Lessee does hereby lease from Lessor those
certain parcels of real property described on Exhibit A, together with all facilities and
other improvements located thereon including but not limited to land improvements,
buildings and fixed equipment (collectively, the "Premises").
THEREFORE, for and in consideration of the rents being paid hereunder and the
terms and conditions hereof, Lessee takes and leases from Lessor the following
described Premises all upon the following tenns and conditions:
SECTION I
BASIC LEASE PROVISIONS AND ENUMERATION OF EXHIBITS
1.1 Basic Lease Provisions.
1.l.1 ADDRESS OF LESSOR AND RENTS PAYMENT ADDRESS:
City of Ashland
20 East Main
Ashland, Oregon 97520
WGISEA 241801.05
1
June 5, 1996
1.1.2 ADDRESS OF LESSEE:
Ashland Community Healthcare Services
P.O. Box 98
280 Maple Street
Ashland, OR 97520
1.1.3 HOSPITAL NAME:
Ashland Community Hospital
1.1.4 LEASE TERM:
Ten (10) Years, with Renewal Options for four (4) additional terms
of five (5) years each, but in any event an aggregate term not
longer than that permitted by law.
1.1.5 COMMENCEMENT DATE:
July I, 1996
1.1.6 BASIC ANNUAL RENT:
The annual amount of principal and interest payments payable on
all debt obligations secured by the Premises, as they become due,
which amount may be increased from time to time pursuant to the
provisions of Section 8.3 below. As of the Commencement Date
the animal payments are in the amount of $36,182.52. In no event
shall the rent be less than One Dollar ($1) per year.
1.1.7 RENTAL DUE DATES:
Five (5) days before principal and interest due dates.
1.2 Significance of Basic Lease Provisions. Each reference in this Lease to any of the
Basic Lease Provisions contained in Section 1.1 shall be deemed and construed to
incorporate all the terms referred to in such Basic Lease Provision, provided, however,
that the interpretation of Basic Lease Provisions shall be controlled by the specific terms
and provisions of this Lease relating to the subject matter of those Basic Lease Provisions.
1.3 Enumeration of Exhibits. The Exhibits enumerated in this Section and attached
to this Lease are incorporated herein by reference and are to be construed as a part of this
WGlSEA 241801.05
2
June S, 1996
Lease. Each party agrees to perform any obligations on its part stated in any and all such
Exhibits: '
Exhibit A.
Exhibit B.
Exhibit C.
Exhibit D.
Legal Description of Premises
Description of Hospital Facility
Description of Non-Hospital Improvements
Schedule of Basic Annual Rents
SECTION 2
PREMISES
2.1 Definition. The Premises, all of which are owned by Lessor, include the properties
described on Exhibit A and all improvements thereon, including the following:
2.1.1 Hospital. The acute care general hospital facility described on Exhibit B
(the "Hospital").
2.1.2 Other Buildings and Related Improvements. The buildings and related
improvements described on Exhibit C (collectively, "Non-Hospital Improvements").
2.2 Lessee's Rights to the Premises. The Lessee shall only have such rights in and
to the Premises as are specifically set forth herein.
2.3 No Representations. It is agreed that the description of Hospital on Exhibit B and
the description of the Non-Hospital Improvements on Exhibit C do not constitute
representations, covenants or warranties of any kind by Lessor, and Lessor makes no
warranty or representation in regard to the Premises or its suitability for Lessee's use in
providing healthcare services. Lessee acknowledges that Lessee by entering into this
Lease has conducted all investigations and studies it deemed necessary for its decision to
proceed with leasing the Premises.
2.4 Triple Net Lease. Lessee acknowledges that the amount of the Basic Annual Rent
due hereunder has been negotiated to provide a financial return to Lessor which is equal
to the principal and interest due on all of Lessor's debt obligations secured by the
Premises. Accordingly, all expenses in excess of the aforesaid amounts, as more
specifically set forth in this Lease, shall be borne by Lessee.
2.5 Ownership of Improvements. All improvements constructed on the Premises by
Lessee during the term of this Lease shall be owned by Lessee during the term of this
Lease. Upon the expiration of the term and any extended term of this Lease or in the
event of the sooner termination of this Lease, including without limitation any termination
arising out of the default of the Lessee, all improvements to the Premises shall revert to
WGISEA 241801.05
3
June 5.1996
and be the property of Lessor, without compensation to Lessee, free and clear of all
claims against Lessor by Lessee or any third party.
SECTION 3
TERM
3. I Initial Term. The initial term of this Lease and Lessee:s obligation to pay rent
hereunder shall commence on July I, 1996 (the "Commencement Date"), which date is
also the effective date of a Definitive Agreement (the "Definitive Agreement") which was
entered into by Lessor and Lessee on June 18, I 996. The initial term of this Lease shall
expire ten (10) years after the Commencement Date.
3.2 Extended Term(s). If, at (a) the end of the initial term or (b) the end of each of
three (3) extended terms of five (5) years each, the Lessee shall be continuing to provide
healthcare services in the Area in accordance with the provisions of the Definitive
Agreement and shall not be in default or breach of any provision of this Lease, then this
Lease shall automatically be extended for an additional five (5) year term unless, prior to
the end of said term, Lessee provides Lessor with one-hundred-eighty (180) days' written
notice of its intention not to extend the Lease, and further provided that in the event the
thirty (30) year aggregate term permitted by this Lease exceeds the maximum number of
years permitted by law, the term will be reduced accordingly. Prior to each such renewal,
the parties hereto shall meet and consider the advisability of amending certain terms and
conditions (other than the Basic Annual Rent) in recognition of changed circumstances
then applicable to this Lease.
SECTION 4
BASIC ANNUAL RENT
Lessee agrees to pay to Lessor as basic armual rent (the "Basic Annual Rent") at such
place as Lessor may designate, without prior demand therefor and without any
deduction or setoff whatsoever, the total amount of principal and interest payments
which become due during such armual period on the debt obligations of Lessor which
are secured by the Premises (collectively, the "Debt Obligations"), five business days
prior to their respective due dates, as such dates and amounts are set forth on Exhibit
D and as may be further modified from time to time by the mutual agreement of
Lessor and Lessee as provided in Section 8.3 of this Lease.
SECTION 5
UTILITIES
Lessee shall be liable for, and shall payor cause to be paid before delinquency thereof
throughout the term and any extended term of this Lease, all charges for all utility
services furnished to the Premises, including but not limited to light, heat, electricity,
WGlSEA 241801.05
4
June 5, 1996
gas, water, telephone service, sewage service, garbage disposal, hazardous waste disposal,
and other public or private utilities of every kind furnished to the Premises. Lessor shall
have no liability whatsoever for the failure of any such services for any reason.
SECTION 6
PROPERTY TAXES
6. I Definition of Real Property Tax. As used herein, the term "Real Property Tax"
shall include any form of real estate tax or assessment, general, special, ordinary or
extraordinary, and any license fee, commercial rental tax, gross receipt tax, improvement
bond or bonds, levy or tax (other than illheritance, personal income or estate taxes)
imposed on the Premises by any authority having the direct or indirect power to tax,
including any city, state or federal government, or any school, agricultural, sanitary, fire,
street, drainage or other improvement district thereof, as against any legal or equitable
interest of Lessor in the Premises.
6.2 Lessee's Responsibilitv for Real Property Taxes. Subject to the provisions of
Section 6.4 hereof, Lessee shall pay prior to delinquency all real property taxes applicable
to the Premises during the term of this Lease.
6.3 Personal Property Taxes. Subject to the provisions of Section 6.4 hereof, Lessee
shall pay prior to delinquency all taxes assessed against and levied upon trade fixtures,
furnishings, equipment and all other personal property of Lessee contained on the
Premises or elsewhere.
6.4 Imposition of Taxes and Assessments. In recognition of Lessor's status as an
Oregon municipality and Lessee's status as an Oregon nonprofit public benefit
corporation, Lessor shall cooperate with Lessee to the fullest extent during the term or any
extended term of this Lease to legally avoid and/or minimize the imposition on the
Premises of any of the taxes and assessments described in Section 6.1 and Section 6.3 to
any extent greater than would have occurred had Lessor continued to occupy the Premises.
Further, during the term or any extended term of this Lease, neither Lessor nor any
agency or component part of Lessor shall impose either directly or indirectly any such tax
or assessment on the Premises.
SECTION 7
USE
7.1 Use of Premises. The Premises shall be used and occupied solely for the purposes
of operating an acute care general hospital and performing other healthcare servicd and
activities not inconsistent with the purposes set forth in Lessee's Articles ofIncorporation
as the same exist on the date hereof and for no other purpose whatsoever without the prior
written consent of Lessor.
WGlSEA ::?:41S01.05
5
June S. 1996
7.2 Prohibition of Certain Activities or Uses. Lessee shall not do or permit anything
to be done in or about, or bring or keep anything in the Premises which is prohibited by
this Lease or will, in any way or to any extent:
7.2.1 Adversely affect any fire, liability or other insurance policy carried with
respect to the Hospital or other buildings and facilities on the Premises or any of their
contents;
7.2.2 Conflict with or violate any law, statute, ordinance, rule, regulation or
requirement of any governmental unit, agency or authority (whether existing or enacted
as promulgated in the future, known or unknown, foreseen or unforeseen), provided,
however, that Lessor shall not itself directly or indirectly enact or promulgate any such
law, statute, ordinance, rule, regulation or requirement with the intention of causing
Lessee to breach the provisions of this Lcase;
7.2.3 Adversely overload the floors or otherwise damage the structural soundness
of the Hospital or other buildings on the Premises.
7.3 Affirmative Obligations. Lessee shall, at its sole cost and expenses, comply with
all governmental laws, ordinances, regulations, and requirements, now in force or which
hereafter may be in force, of any lawful governmental body or authorities having
jurisdiction over the Premises (provided that Lessor shall not itself directly or indirectly
enact or promulgate any such law, statute, ordinance, rule, regulation or requirement with
the primary intention of causing Lessee to breach the provisions of this Lease). Further,
Lessee will keep the Premises and every part thereof in a clean, neat, and orderly
condition, free of objectionable noise, odors or nuisances (as consistent with the uses'
permitted under this Lease), and which in all respects and at all times fully comply with
all health policy regulations, and shall not suffer, permit or commit any waste.
SECTION 8
MAINTENANCE AND REPAIRS; ALTERATIONS; DESTRUCTION
8.1 Repairs and Maintenance. Lessee shall, throughout the term of this Lease, and at
its own cost and expense and without any cost or expense to Lessor, keep and maintain
the Premises, the Hospital and other buildings, facilities and improvements on the
Premises, and all appurtenances thereto, including the roof, foundation, bearing walls, and
other structural parts of said improvements, and including parking lots and sidewalks
adjacent thereto, in good condition and repair, ordinary wear and tear excepted. Lessor
shall not be obligated to make any repairs, replacements, or renewals of any kind, nature,
or description whatsoever to the Premises, the Hospital, or any other buildings, facilities
or improvements thereon. .
WGlSEA 241801.05
6
June 5, 1996
8.2 Caoital Imorovements. Lessee shall not make or cause to be made any material
alterations, additions or improvements (collectively, "Capital Improvements") which (a)
alter the exterior walls of the Hospital, or (b) which exceed a project cost of $100,000,
without first obtaining Lessor's written approval, which approval shall not be
unreasonably withheld. Lessee may seek Lessor's approval either (a) by submitting its
annual Capital Improvements plan to Lessor with a request for approval of the entire plan,
or (b) on a project-specific basis, and shall present to Lessor plans and specifications for
such work at the time approval is sought. In the event Lessor consents to the making of
such Capital Improvements to the Premises by Lessee, the same shall be made by Lessee
at Lessee's sole cost and expense. All such work with respect to any alterations;
additions, and changes shall be done in a good and workmanlike manner and diligently
prosecuted to completion such that, except as absolutely necessary during the course of
such work, the healthcare activities being conducted on the Premises shall at all times
continue to operate to the fullest extent reasonably practicable. Any such alterations,
additions, or changes shall be performed and done strictly in accordance with all laws and
ordinances relating thereto. Any Capital Improvements to or for the Premises, inCluding,
but not limited to, wallcoverings, paneling, and built-in cabinet work, but excepting
movable furniture, trade fixtures, and equipment, shall at once become a part of the realty
and shall be surrendered with the Premises unless Lessor otherwise elects at the end of
the term or any extended term hereof.
8.3 ReQuests for Caoital Imorovements and Financial Particioation. In the event that
Lessee determines that certain Capital Improvements are necessary or desirable. in
connection with its carrying out of its corporate purposes, it may request Lessor to
acquire, construct and/or finance such Capital Improvements. Lessor hereby agrees to
consider such requests in good faith. If Lessor agrees to provide such Capital
Improvements and if such Capital Improvements can be exclusively financed by a debt
instrument encumbering the premises, then such Capital Improvements will become
subject to this Lease, and the parties hereto shall increase the Basic Annual Rent under
this Lease to include the additional principal and interest payments on debt incurred by
Lessor in connection therewith. Any request by Lessee hereunder shall be deemed
Lessee's consent under Section 13 below for the encumbrance of the Premises.
8.4 Destruction. In the event any damage or destruction shall substantially impair the
use of the Premises by Lessee and zoning or other governmental regulations do not permit
repair or restoration (which Lessor hereby agrees to not directly or indirectly impose
primarily for such purpose), or in the event that the buildings and improvements located
on the Premises are substantially destroyed so as to render any building( s) .or
improvements unfit for the purpose for which they were constructed, Lessee may elect
either (a) to repair, restore, replace at Lessee's sole expense the improvements so damaged
or destroyed, or (b) to terminate this Lease if and only if Lessor receives payment of the
insurance proceeds specified below and such proceeds are in an amount required by this
Lease. Lessee shall give not later than one hundred twenty (12,0) days following the date
WGlSEA 241801.05
7
JuneS, 1996
of damage or destruction written notice to Lessor of its election. If terminated, the
termination date shall be the later of (a) sixty (60) days after written notice of the
termination election is received by Lessor or '(b) the date Lessor receives the insurance
proceeds specified herein. In the event of such termination, all rent and other obligations
of Lessee shall terminate as of the effective date of the termination.
SECTION 9
SUBLETTING AND ASSIGNMENT
9.1 Permitted Subletting and Use. Lessee shall be permitted to sublet portions of the
Premises, and to permit the use of the Premises by other persons, only for uses that are
consistent with the purposes set forth in Lessee's articles of incorporation, provided,
however, that Lessee shall not, either in stages or by a single action, lease the Premises
in its entirety to a single sublessee Without the prior written approval of Lessor. In the
event Lessee enters into a permitted sublease pursuant to this Section, such sublessee or
other person using any portion of the Premises shall be bound by the terms and conditions
of this Lease.
9.2 Prohibition on Assignment and Subletting. Lessee shall not transfer, assign,
mortgage or hypothecate this Lease, in whole or in part, or, except as permitted by
Section 9.1, sublet the Premises or any portion thereof or permit the use of the Premises
by any person or persons other than Lessee, without the prior written consent of Lessor
in each instance. Such prohibition against assigrring or subletting shaH include but not
be limited to any assignment or subletting by operation of law except as permitted by
Section 9. I. (As used in this Lease, the term "Assignment" includes any transfer of this
Lease from the Lessee by merger, consolidation, transfer of assets, or liquidation.) Any
assignment or subletting without Lessor's consent, except as permitted by Section 9.1,
shall be void, and shaH constitute a default hereunder which, at the option of Lessor, shaH
result in the termination of its Lease or exercise of Lessor's other remedies hereunder.
Consent to any assignment or subletting shall not operate as a waiver of the necessity for
consent to any subsequent assignment or subletting, and the terms of such consent shaH
be binding upon any person holding by, under, or through Lessee.
SECTION 10
INDEMNIFICATION
10.1 Indemnification by Lessee. Lessee shall indemnify Lessor, defend it and hold it
harmless from and against any and aH suits, actions, damages, claims, liability, and
expense in connection with loss of life, bodily or personal injury, or property damage
arising from or out of any occurrence in, upon, at or from the Preipises, or the occupancy
or use by Lessee of the premises or any part thereof, or occasioned wholly or in part by
any act or omission of Lessee, its agents, contractors, employees or licensees.
WGISEA 241801.05
B
June 5, 1996
10.2 Release of Lessor. Lessor shall not be responsible or liable at any time for any
loss or damage to Lessee's personal property or to Lessee's business, including any loss
or damage to either the person or property of Lessee that may be occasioned or in
connection with the Premises or the Hospital.
10.3 Litigation. In the event that Lessor, without fault on its part, shall be made party
to any litigation commenced by or against Lessee or in respect to the Premises or the
Hospital, then Lessee shall protect and hold Lessor harmless and' shall pay all costs,
expenses, and reasonable attorney's fees to the extent of the indemnity.
SECTION II
INSURANCE
II. I Prooerty Insurance. Lessee shall obtain on or before the Commencement Date,
and thereafter maintain in full force and effect during the term or any extended term of
this Lease, a property insurance policy or policies (or in the alternative, provide evidence
of a properly funded and administered self-insurance program that is acceptable to Lessor,
acting reasonably, and the holder of any debt secured by the Premises) covering loss or
damage to the Premises and the Hospital, in the amount of the full replacement value
thereof, as the same may exist from time to time and be established by Lessor, but in no
event less than the total amount required by any lender having a lien on the Premises,
against all perils included within the classification of fire, extended coverage, vandalism,
malicious mischief, flood (in the event the same is required by a lender having a lien on
the Premises), earthquake (in the event the same is required by a lender having a lien on
the Premises) and special extended perils ("all risk" as such term is used in the insurance
industry. Said insurance shall provide for payment of loss thereunder to Lessor or to the
holders of mortgages or deeds of trust on the Premises. If Lessee shall fail to procure and
maintain such insurance coverage as required, Lessor may, but shall not be required to,
procure and maintain the same, but at the expense of Lessee.
I 1.2 Liability Insurance. Lessee shall, during the entire term and any extended term
hereof, keep in full force and effect a policy or policies of public liability and property
damage insurance (or in the alternative, provide evidence of a properly funded and
administered self-insurance program acceptable to the Lessor, acting reasonably, and the
holder of any debt secured by the Premises) with respect to the Premises and the hospital
and healthcare operations and activities conducted by Lessee in the Premises, with a
combined single limit for personal or bodily injury and property damage of not less than
$10,000,000. The policy shall name Lessor, any lender to Lessor who has a lien on the
Premises, and Lessee as insureds, and shall contain a clause that the insurer will not
.cancel or change the insurance without first giving Lessor ten (10) <.lays' written notice.
The insurance shall be provided by an insurance company licensed to provide such
coverage in the State of Oregon (or in the alternative, through a properly funded and
administered self-insurance program), and a copy of the policy or a certificate of
WGlSEA 2411101.05
9
June 5, 1996
insurance (or written evidence of such self-insurance program) shall be delivered to
Lessor. All such coverage shall be written to provide primary coverage, not secondary
. or supplemental to coverage which Lessor may carry. All such policies shall contain a
provision that Lessor, whether or not named as an insured, shall be entitled to recover
under said policies for any loss occasioned to it, its officials, agents, employees and
representatives by reason of the negligence of Lessee. All such insurance shall
specifically insure the performance of Lessee of the indemnity agreement as to liability
for injury to or death of persons or injury or damage to property contained in Section 10
above.
11.3 Subrogation. Lessee waives its rights of subrogation against Lessor for any reason
whatsoever, and any insurance policies herein required to be procured by Lessee shall.
contain an express waiver of any right of subrogation by the insurer against Lessor.
SECTION 12
CONDEMNATION
12.1 Event of Condemnation. In the event that the Premises, or any part thereof, shall
be taken for public purposes by condemnation (which the Lessor hereby agrees not to
cause directly or indirectly during the term or any extended term of this Lease) as a result
of any action or proceeding in eminent domain, or shall be transferred in lieu of
condemnation to any authority entitled to exercise the power of eminent domain, the
interests of Lessor and Lessee in the award or consideration for such transfer and the
effect of the taking or transfer upon this Lease shall be as set forth in this Section 12.
12.2 Total Taking. If, during the term or any extended term hereof, there shall be a
total taking, then the leasehold estate of Lessee in and to the Premises and Lessee's'
obligations under this Lease shall cease and terminate as of the date the acttlal physical
possession thereof shall be so taken. The term "total taking", as used in this Section,
means the taking of the entire Premises or a taking of so much of such Premises as to
prevent or substantially impair the conduct of Lessee's business thereon.
12.3 Partial Taking. The term "partial taking" means the taking of a portion only of
such Premises which does not constitute a total taking as above defined. If, during the
term or any extended term hereof, there shall be a partial taking of the Premises, this
Lease shall terminate as to the portion of the Premises taken upon the date upon which
actual possession of the portion of the Premises is taken, but the Lease shall continue in
full force and effect as to the remainder of the Premises. The Lessor shall apply all
proceeds received by it to repayment of the debt obligations secured by the Premises, and
the rental payable by Lessee for the balance of the term shall be adjusted in accordance
with the resultant change in principal and'interest payments due thereon.
WGISEA 241801.05
10
June 5, 1996
..
12.4 Condemnation Proceeds. The award or other consideration for the transfer shall
first be paid to Lessor to the extent of the fair market value of the Premises and
improvements thereon, excluding from that consideration any amount attributable to the
diminution of Lessee's leasehold interests and/or any loss or cost sustained by Lessee in
the removal of Lessee's fixtures, equipment and furnishings, or as a result of any
alterations, modifications, or repairs which may be reasonably required by Lessee in order
to replace the remaining portion ofthe Premises not so condemned in a suitable condition
for the continuation of Lessee's tenancy.
12.5 Termination. If this Lease is terminated, in whole or in part, pursuant to any of
the provisions of this Section, all rentals and other charges payable by Lessee to Lessor
hereunder shall be paid up to the date upon which actual physical possession shall have
been taken by the condemnor.
12.6 Lessee's Award. In the event of a partial taking, if Lessee receives pursuant to
Section 12.4 above an award in condemnation for such purpose, it shall be the obligation
of Lessee to make all repairs and alterations as may be required to be made to promptly
restore the improvements to an architectural unit so that the improvements shall be made
ready for the continued use and occupancy of the Premises not so taken.
SECTION 13
MORTGAGES, LIENS, PLEDGES AND OTHER ENCUMBRANCES
Lessor shall not encumber, mortgage or pledge the Premises without the prior written
consent of Lessee. Lessee shall not cause, suffer, or permit any liens or other
encumbrances to be attached or filed against the Premises and shall immediately
discharge and remove any such liens or encumbrances.
SECTION 14
FINANCING SUBORDINATION
14.1 Subordination. Lessee acknowledges that it might be necessary for Lessor or its
successors or assigns to secure mortgage loan financing or refinancing affecting the
Premises. Lessee also acknowledges that the lender interested in any given loan may
desire that Lessee's interests under this Lease be either superior or subordinate to the
mortgage then held or to be taken by said lender. Accordingly, Lessee agrees that at the
request of Lessor at any time and from time to time, Lessee shall execute and deliver to
Lessor an instrument, in form reasonably acceptable to Lessor, whereby Lessee
subordinates its interests under this Lease and in the Premises to such of the following
encumbrances as may be specified by Lessor: any mortgage or trust deed and customary
related instruments are herein collectively referred to merely as a "Mortgage" and securing
a loan obtained by Lessor or its successors or assigns for the purpose of enabling
acquisition and/or construction of additional improvements on the Premises, to provide
WGlSEA 241801.05
11
June:5, 1996
standing or.permanent financing for the improvements, or for the purpose ofrefmancing
any such construction, acquisition, standing or permanent loan; provided, however, that
any such instrument or subordination executed by Lessee shall provide that so long as
Lessee continues to perform all of its obligations under this Lease its tenancy shall remain
in full force and effect notwithstanding Lessor's default in connection with the Mortgage
concerned or any resulting foreclosure or sale or. transfer in lieu of such proceedings.
Lessee shall not subordinate its interests hereunder or in the Premises to any lien or
encumbrance other than the Mortgage described in and specified pursuant to this Section
14.1 without the prior written consent of Lessor and of the lender interested under each
mortgage then affecting the Premises. Any such unauthorized subordination by Lessee
shaH be void and of no force or effect whatsoever.
14.2 Amendment. Lessee recognizes that Lessor's ability from time to time to obtain
construction, acquisition, standing and/or permanent mortgage loan financing for the
Hospital and/or the Premises may in part be dependent upon the acceptability of the terms
of this Lease to the lender concerned. Accordingly, Lessee agrees that from time to time
it shall, if so requested by Lessor and if doing so will not substantially and adversely
affect Lessee's economic interests hereunder, join with Lessor in amending this Lease so
as to meet the needs or requirements of any lender which is considering making or which
has made a loan secured by a mortgage affecting the Premises.
14.3 Attornment. Subject to Section 15 hereof, any sale, assignment, or transfer of
Lessor's interest under this Lease or in the Premises, including any such disposition
resulting from Lessor's default under a mortgage, shall be subject to this Lease and shall
recognize such successor or assigns as Lessor under this Lease, regardless of any rule of
law to the contrary or absence of privity of contract.
SECTION 15
LESSEE'S RIGHT OF FIRST REFUSAL
In the event Lessor determines to sell, conveyor otherwise transfer or dispose of, in
whole or in part, the Premises and/or any of its improvements including the Hospital,
Lessee shall first be given sixty (60) days in which to exercise a right of first refusal .
to acquire such assets from Lessor by matching the terms and conditions of any bona .
fide offer, and Lessor hereby agrees to cooperate with Lessee to the fullest extent to
enable Lessee, if it so desires, to exercise such option and effect such acquisition. In
the event such disPosition is a result of Lessor's default under a mortgage, Lessor
hereby agrees that Lessor shall cooperate with Lessee to enable Lessee to cure such
default on behalf of Lessor.
WGISEA 241801.05
12
June 5, 1996
SECTION 16
EVENTS OF DEF AUL T; REMEDIES OF LESSOR
16.1 Default bv Lessee. Upon the occurrence of any of the following events, Lessor
shall have the remedies set forth in Section 16.2:
16.1.1 Lessee fails to pay any installment of Basic Annual Rent, or any other sum
due hereunder within three (3) days after the same shall be due;
16.1.2 Lessee fails to perform any other term, condition, or covenant to be
performed by it pursuant to this Lease within thirty (30) days after written notice of such
default shall have been given Lessee by Lessor;
16.1.3 Lessee becomes (either voluntarily or involuntarily) bankrupt or insolvent;
or files in any court pursuant to state or federal statute a petition in bankruptcy or
insolvency, reorganization, or appointment of a receiver or trustee; or suffers this Lease
to be taken under a writ of execution;
16.1.4 Lessee's working capital ratio, as defined in accordance with generally
accepted accounting principles, at the end of any two consecutive calendar quarters, is less
than 2 to 1; .
16.1.5 Lessee's debt service coverage (including lease payments under this Lease),
as determined based on Lessee's audited armual financial statements, for any fiscal year
is less than 1.25 to I;
16.1.6 Lessee fails to continuously maintain its State of Oregon license to operate
the Hospital;
16.1.7 Lessee's Hospital ceases to be an accredited facility, or Lessee fails to take
reasonable corrective action with respect to one or more significant patient care
deficiencies noted in an accreditation survey; or
16.1.8 Lessee fails to timely provide Lessor with its audited armual financial
statements, periodic unaudited financial information, and other information concerning its
operations which has been reasonably requested from time to time by Lessor, and does
not correct such deficiency within thirty (30) days after written notice of such failure has
been provided to Lessee by Lessor.
16.2 Remedies. Upon the occurrence of the events set forth in Section 16.1, Lessor
shall have the option to take any or all of the following actions, without further notice or
demand of any kind to Lessee or any other person;
WGISEA 241801.05
13
JWlC 5, 1996
16.2.1 Terminate this Lease by written notice to Lessee. In 'the event of such
termination, Lessee agrees to immediately surrender possession of the Premises. Should
Lessor terminate this Lease, it may recover from Lessee all damages it may incur by
reason of Lessee's breach, including the cost of recovering the Premises, reasonable
attorneys' fees, and the worth, at the time of such termination, of the excess, if any, of
the amount of rent and charges equivalent to the excess, if any, of rent which under this
Lease would have been payable during the remainder of the stated term over the then
reasonable rental value (consistent with prevailing rental rates in the healthcare industry)
of the Premises for the remainder of the stated term, all of which amounts shall be
immediately due and payable from Lessee to Lessor;
16.2.2 Immediately enter the Premises and exercise full authority and control over
the operation of the Hospital;
16.2.3 Dissolve Lessee's corporation and distribute its remaining assets in
accordance with the provisions of its Articles of Incorporation.
16.3 Past Due Sums: Penaltv. If Lessee fails to pay, when the same is due and payable,
any Basic Annual Rent or other sum required to be paid by it hereunder, such unpaid
amounts shall bear interest from the due date thereof to the date of payment at a fixed rate
equal to the greater of twelve (12) percent per armum or two (2) percent per armum above
the prime rate of interest quoted by the Wall Street Journal as of such due date. In
addition thereto, for any amounts whiCh are delinquent by thirty (30) or more days, Lessor
may charge a sum of five (5) percent of such unpaid amounts as a late charge. The
parties agree that such late charge is a reasonable approximation of the additional handling
costs and administrative charges that would be incurred by Lessor on account of any such
delinquency. Lessor shall have the right and election to advance on behalf of Lessee any
monies or obligations required to be paid or performed by Lessee hereunder. Any monies
so advanced shall be repayable on demand and shall bear interest at the rate stated in this
Section.
SECTION 17
PROVISIONS APPLICABLE AT TERMINATION OF LEASE
17.1 Surrender of Premises. At the expiration of this Lease, Lessee shall surrender the
Premises in the same condition as they were in upon delivery of possession thereto under
this Lease, ordinary wear and tear and modifications permitted by the terms of this Lease
excepted, and shall deliver all keys to Lessor. Before surrendering the Premises, Lessee
shall remove all of its personal property and trade fixtures, and such property or the
removal thereof shall in no way damage the Premises, and Lessee shall be responsible for
all costs, expenses and damages incurred in the removal thereof. If Lessee fails to remove
its personal property and fixtures upon the expiration of this Lease, the same shall be
deemed abandoned and shall become the property of Lessor.
WGlSEA 241801.05
14
June 5. 1996
17.2 Holding Over. Any holding over after the expiration of the term or any extended
term hereof shall be construed to be a tenancy from month to month at the rents herein
specified (prorated on a monthly basis) and shall otherwise be on the terms herein
specified so far as possible.
SECTION 18
ATTORNEYS' FEES
In the event that at any time during the term of this Lease either Lessor or Lessee
defaults pursuant to the terms hereof, the defaulting party shall reimburse the
reasonable attorneys' fees and costs incurred by the non-defaulting party on account of
said default, including the costs and fees attributed to the commencement of any action
or proceeding on account of such default and on appeal of the same.
SECTION 19
ESTOPPEL CERTIFICATE
19.1 Lessor's Right to Estoppel Certificate. Lessee shall, within fifteen (15) days after
Lessor's request, execute and deliver to Lessor a written declaration in recordable form:
(a) ratifying this Lease; (b) expressing the Commencement Date and termination date
hereof; (c) certifying that this Lease is in full force and effect and has not been assigned,
modified, supplemented or amended (except by such writing as shall be stated): (d) that
all conditions under this Lease to be performed by Lessor have been satisfied; (e) that
there are no defenses or offsets against the enforcement of this Lease by Lessor (or stating
such defenses or offsets as Lessee contends to exist); (f) the amount of advance rental, if
any (or none if such is the case) paid by Lessee; (g) the date to which rental has been
paid; (h) such other information as Lessor may reasonably request. Lessor's mortgage
lenders and/or purchasers shall be entitled to rely upon such declaration.
19.2 Effect of Failure to Provide Estoppel Certificate. Lessee's failure to furnish any
estoppel certificate within fifteen (IS) days after request therefor shall be deemed a default
hereunder and, moreover, it shall be conclusively presumed that: (a) this Lease is in full
force and effect without modification in accordance with the terms set forth in the request;
(b) that there are no unusual breaches or defaults on the p'art of Lessor; and (c) no rent
has been paid in advance.
SECTION 20
OTHER PROVISIONS
20.1 Relationship. Lessor does not by this Lease, in any way or for any purpose,
become a partner or joint venturer of Lessee in the conduct of its activities .or otherwise.
WGISEA 241801.05
15
June 5,1996
J
20.2 No Waiver. Failure of Lessor to insist upon the strict performance of any
provision or to exercise any option hereunder shall not be deemed a waiver of such
breach. No provision of this Lease shall be deemed to have been waived unless such
waiver be in writing signed by Lessor.
20.3 Notices. Any notice, demand, request, or other instrument which may be or is
required to be given under this Lease shall be delivered in person or sent by United States
certified or registered mail, postage prepaid, and shall be addressed (a) if to Lessor, at the
place specified for payment of rent, and (b) if to Lessee, either at the Premises or at any
other current address for Lessee which is known to Lessor. Either party may designate
such other address as shall be given by written notice.
20.4 Captions; Attachments; Defined Terms. The captions to the sections of this Lease
are for convenience of reference only and shall not be deemed relevant in resolving
questions of construction or interpretation under this Lease. Exhibits referred to in this
Lease, and any addenda and schedules attached to this Lease shall be deemed to be .
incorporated in this Lease as though part thereof.
20.5 Partial Invaliditv. If any provisions of this Lease or the application thereof to any
person or circumstance shall to any extent be invalid, the remainder of this Lease or the
application of such provision to persons or circumstances other than those as to which it
is held to be invalid shall not be affected thereby and each provision of this Lease shall
be valid and enforced to the fullest extent permitted by law.
20.6 Inspection of Premises. Lessor shall have the right, on reasonable notice of at
least twenty-four (24) hours, from time to time to inspect the Premises and the Hospital
and to show the Premises and Hospital to third parties for the purposes of lease, sale or
financing. Lessee shall cooperate with Lessor to permit such inspection.
20,7 Binding Effect. Except as otherwise provided herein, all provisions herein shall
be binding upon and shall inure to the benefit of the parties, their legal representatives,
heirs, successors and assigns. Each provision to be performed by Lessee shaH be
construed to be both a covenant and a condition, and Lessee shall be bound by such
provisions. In the event of any sale or assignment (except for purposes of security or
collateral) by Lessor of the Hospital, the Premises, or this Lease, Lessor shall, from and
after the Commencement Date (irrespective of when such sale or assignment occurs), be
entirely relieved of all of its obligations hereunder and such obligations shall, as of the
time of such sale or .assignment or on the Commencement Date, whichever is later,
automatically pass to Lessor's successor
in interest.
20.8 Choice of Law. This Lease shall be governed by and construed in accordance with
the laws of the State of Oregon.
WGlSEA 241801.05
16
June 5, 1996
20.9 Entire Agreement. This Lease and the Exhibits, Riders and/or Addenda, if any,
attached hereto, constitute the entire agreement between the parties. All Exhibits, Riders,
or Addenda mentioned in this Lease are incorporated herein by reference. Any prior
conversations or writings are merged herein and extinguished. No subsequent amendment
to this Lease shall be binding upon Lessor or Lessee unless reduced to writing and signed.
Submission of this Lease for examination does not constitute an option for the Premises
and becomes effective as a lease only upon execution and delivery thereof by Lessor to
Lessee. If any provision contained in a Rider or Addendum is inconsistent with a
provision in the body of this Lease, the provision contained in said Rider or Addendum
shall control. The captions and Section numbers appearing herein are inserted only as a
matter of convenience and are not intended to define, limit, construe or describe the scope
or intent of any Section or paragraph.
~
IN WITNESS WHEREOF, Lessor and Lessee have executed this Lease on the day
first set forth above.
LESSOR:
THE CITY OF ASHLAND
B~Ac~~-<1~~
Its c-/Vl C-<---J..d'7 .J
r1
B'~~~~
LESSEE:
ASHLAND COMMUNITY
HEALTHCARE SERVICES
By r::S~ If::: 1~
WGISEA 241801.05
17
June 5, 1996
STATE OF OREGON )
) ss
COUNTY OF JACKSON)
I certify that I know or have satisfactory evidence that
(""4.'7"'-1,,.;,,, #. Ge>/"/,n and E-z.,.b4r__ C''/'n'~-r:;.h.~...h signed
this instrument, on oath stated that they were authorized to execute the instrument and
acknowledged it as the "':7""'''' and ("~?" ,f!,~D"'''''/'''''' of The City of
Ashland to be the free an voluntary act of such party for the uses and purposes
mentioned in the instrument.
Dated:
::,.,:: -:-:':--:: '::'~.e~-~~~~'.o.;s.'SS.'"SS:::;.~> ",
'.. OFFiCI/,L SEAL (
,,. 7 '. ; MICHAEL S. McGRAW ~.
~.:R,'; / NOTARY PUBLlC.OREGON ~)
.i; ':. COMMiSSiON NO 026015 ~
." MY COMMiSSION EXPIRES .!Ul.Y j 1. 1997~'
."':":':~~~<SS:....ss~~~~iP'/=
STATE OF OREGON )
) ss
COUNTY OF JACKSON)
.:rUh.e
,1996.
/J>
~
/Notar Pu IC .
. Title:
My commission expires: "'::> - //-., 7'
. I I certify that I know or have satisfa~tory evidence that
~I4-~'" ~,('~ and ",.,~~ 4I..,tUI. signed
this mstrument, on oath stated that they were a6fuorized to execut the instrument and
acknowledged it as the daJA. JlIld J#'A"~ of Ashland
Community Healthcare Services to be the free and voluntary act of such party for the uses
and purposes mentioned in the instrument.
Dated: ~L.AU. //
~'.- OFFICIAL SEAL
if) , . GLENDA D. COLE
~ \ j NOTARY PUBLIC-OREGON
J! . < COMMISSION NO. 025405
,~MY COMMISSION EXPIRES JULY 23. 1997
-~-s...
WGISEA 241801.05
,1996.
A~.~~.~
Notary Public
Title:
My commission expires: 117-,,(.$ -? 7
18
June 5, 1996
EXHIBIT A
LEGAL DESCRIPTION
REAL PROPERTY OF ASHLAND COMMUNITY HEAL THCARE SERVICES
Property:
Address:
Tax Lot:
Document:
Description:
Property:
Address:
Tax Lots:
Document:
Description:
ASHLAND COMMUNITY HOSPITAL
280 Maple, Ashland, OR 97520
39-IE-05DB, Lot 2100
Warranty Deed filed in Jackson County Courthouse (Vol. 487, Pg. 504)
Lots 1,2, and 3 of the Wimer Subdivision to the City of Ashland, Jackson
County, Oregon.
JACKSON COUNTY PHYSICAL THERAPY
559 Scenic Drive, Ashland, OR 97520
39-IE-05DB, Lot 2400
Warranty Deed filed in Jackson County Courthouse (95-14481)
Lot Five (5) of the Wimer Subdivision to the City of AsWand, Jackson
County, Oregon, according to the official plot thereof, now of record.
EXCEPTING THEREFROM that portion of said Lot 5 lying West of a
line which is 191.0 feet North 89 53' West orand which line bears North 0
31 ' West parallel with, the west line of Scenic Drive in said City, as
conveyed to the City of AsWand, by deed recorded in Volume 488 page 21
of the Deed Records of Jackson County, Oregon.
(See map attached)
.
3i/ IE 5K
,~~..c...
...,. - -'I,I~ ~........
~ .'It
. ."'- .,- !M.iI:' _.-~ :t:..":.._:w.... ! ...
. lSOO ....,.,._. 501 ....... 4lD
'100 'jP."'~ l1i!l :I; Q"'k ~. T7 Ac I . I
0_ : ),'~Gz '('0"1'.'
, 023.1:: ;;:~ ::: 1(~JC..rJ ~
, - '-ARTITION FLAT ~ .,
I .
~
- ..~ -... .; IJO. P-3-18113 ~ . ~
,.. ... ~ - -
- .D ... .... ~ c.s'-Iuoal r~ ~
'0:0 8CO 700 . Ii
. (u.....~"') ~/J,.~. 'lOO
~* t 500 ,
l Q.31~ :' : l/i
N
. ~<""I :; -. ~
.:;!":'~ ~~
... - ~ 41-1.- .4t1.. .t._ ....j I','
,.. . 1).'0' -.
N
EXHIBIT A
Page 2
I; ~
.,- 11:"_
-.....
....
ST.
,.' I2ClO .~
'52'
i
. t
llIX)
. C, ISOZ
I-'
en
<I
I I
f'.I:'~ .
.
.
,..
T
..'
.~
~
MAPLE
_.~..'
,{tii',.. l'
2llD
........
1500
t
2000
I
I I :
~ AfLAND I
~ CO MUNIT)j
I HO PITAL I
I I t
~~~~,i :J
..
~
t
150e
i: 0 QUill:
i
I
~ 2 I
_.!...!!!-tL_ _
.1,"
"
.
.
....
...
,\
5-1
. ST.
......&c. -
I i
I :
+- --1
~.
S't.~. I
'f
,,' 2400
*
. .
.
.' 5
..
=
... 21!00
~ OIC.ac
m: ...._1
c
.,
.
.... ..... - -l
z~.. .
_260'2 ....... ;.
OZ4Ac
. PARr'TiON '.
: Pl.AT "0.
- P.I02-1'5190
(p.I22OtI..:.,.
.
~
,..
2601
0"'"
.-'
_--1.'
.n
~
, .
, :JOOO
.
c .31S'O
J'lD
:~
. J
.
~ . ...,.
"-,
....- .....
~~
-'
33pt .. ~4"'"
.
...
(-....... ,~
I' ......
'''''3-
~D-'1..
~...,..J
;
Ii:
f;
I"
_,,0
'", 5~0l
d.... .
... :Ii. 7
!
t-
~ -
%
t-
en
lIJ 'Lie.
:r . ALlN~
u 1- .:: 4t
.. .. ~
4IlQO 4700 470Z 4705
,. . ;k III"
. , 1< E R R t S B.
,
. ) . '~
[ - - SEE
DETAIL MAP 2
. _ _' _' ~ oIW'. , .:... \ _, l. ,_,
... ..- ....
-~. i
..
36CD ~
,.-t..
(~_...,) I.. .
~ C
:5~2 8 .: .
G, '" "
~ '.C
saoo ,~ ,J
'V
:,...~. ~
. "
. .' .'li'~ J<
.. '. '.0.
.. . ';0.-"
. ' '
3QCX) . '. "~r.: .
.
....,.. -.-. -~-~
,."./..-
.1
i.
J....L-
43lXl
!
;9.
EXHIBIT B
DESCRIPTION OF THE FACILITY
ASHLAND COMMUNITY HOSPITAL
Ashland Community Hospital is a multilevel 60,000 sq. ft. facility built in 1961.
Several additions have been made in the interim.
General Construction:
· Type I building with wood framing
· Wood/stucco combination siding
· Concrete basement walls
· Flat, single ply. roof with metal mansards
· Metal Windows .. both single and double pane
· Fire protection and fire sprinklers throughout
Floor' Plan:
· Three wings extending from a central hub
Adjacent Building:
· One cinder-block outbuilding, consisting of generator room, carpentry ship, storage
area, and medical gas supplies (3200 sq. ft.).
Value:
. On June 30, 1996, Ashland Community Hospital has a Net Book Value of
$3,200,000.00. This approximation is made up of the following as per the Marshall
& Stevens Asset Report Document:
Land
34,000
Land Improvements
127,000
Buildings
1,996,000
Fixed Equipment
1,097,000
NOTE:
Details supporting these totals are on file in the Accounting Office of
Ashland Comrriunity Hospital.
EXHIBIT C
Description of Non-Hospital Improvements
Property Type:
Office Building
Location:
559 Scenic Drive, Ashland, Oregon
Improvement Description:
Existing wood frame single story
office building with a total gross
building area of approximately
2,248 square feet (including
basement storage). There is one
(1) wood frame single story
detached building of approximately
412 square feet adjacent to the
main building.
Site size:
21,774 square feet or, .50 acres.
Zoning:
R-2, Low Density Multiple-Family
Residential/HC, Health Care
Services Zone, City of Ashland.
value:
On June 30, 1996 the above
described property has a Book Value
of $219,000.00 as per the Marshall
& Stevens Asset Document.
Note:
Details supporting this total are
on file in the Accounting Office of
Ashland Community Hospital.
5/05/95
Name:
CE 11517
EXHIBIT D
JACKSON COUNTY TITLE
LOAN AMORTIZATION SCHEDULE
355 DAY SCHEDULE
Loan Amollnt:
Numbe~ of Payments:
Payment F~equency:
Payment Amount:
Handling Charge
PYMT *I
DUE:. DATE:.
1
2
3
4
5
6
7/01/95
8/01/95
9/01/95
10/01/95
11/01/95
12/01/95
TOTALS FOR 1995:
7 1/01/95
8 2/01/96
9 3/01/96
10 4/01/96
11 5/01/95
12 6/01/95
13 7/01/95'
14 8/01/96
15 9/01/95
15 10/01/95
17 11/01/95
18 12/01/95
TOTALS FOR 1995:
19 1/01/97
20 2/01/97
21 3/01/97
22 4/01/97
23 5/01/97
24 5/01/97
25 7/01/97
26 8/01/97
27 9/01/97
28 10/01/97
29 11/01/97
30 12/01/97
TOTALS FOR 1997:
31
32
1/01/98
2/01/98
3/01/98
'>7
u~
PRINCIPAL
565. 18
569.02
572.89
655.31
581.23
55,3. 44
3,507.07
589.59
593.70
753.44
502.85
684.50
611. 50
593.1213
520.45
524.68
705.77
633.72
714.58
7,828.02
542.88
647.25
879.99
657.62
737.87
667.11
747.11
676.71
681.31
760.95
591. 11
770.50
360,000.00
240
M
3,011.21
4.00
INTEREST
2,446.03
2,442.19
2,438.32
2,355.90
2,429.98
2,347.77
14,450.19
2,421.52
2,417.51
2,257.77
2,408.36
2,326.71
2,399.E.l
2,318.18
2,390.75
2,386.53
2,305.44
2,377.49
2, 296. E.3
28,306.50
2,368.33
2,363.96
2,131.22
2,353.59
2,273.34
2,344.10
2,264.10
2,334.50
2,329.90
2,250.2E.,
2,320.10
2,240.71
8,560.41 .27,574.11
701. 04
705.81
933.24
2,310.17
2,305.40
2,077.97
PAGE 1
Interest Rate: 8.000
Fi~st Payment Date: 7/01/95
Date Sta~t Inte~est: 5/31/95
Days Int in 1st Pymt: 31
$3,015.21 For Each Transaction.
YTD INT
UNPA 10 I NT
PRINC BAL
359,434.82
358,865.8121
358,292.91
357,637.6121
357,056.37
356,392.93
35E., 392. 93
355,803.24
355,2,09.54
354,456.10
353,853.25
353,168.75
352,557.15
351,864.12
351, 243.E.6
350,618.98
349,913.21
349,279.49
348,564.91
348,564.91
347,922.03
347,274.78
346,394.79
345,737.17
344,999.30
344,332.19
343,585.08
342,908.37
342, 227. 0E.
341, 4E.6. 11
340,775.00
34121,01214.5121
340,004.50
,
339,303.46
338,597.65
337,6E.4.41
""0 amortization schedule is accu~ate ONLY if full payments are made on'time.
2,445.03
4,888.22
7,326.54
9, E.82. 44
12,112.42
14,460.19
.00
.00
.00
.00,
.0121
.0121
14,460.19
.00
2,421.52
4,839.03
7,096.80
9,51215. IE.
11,831.87
14,231. 48
16,549.65
18,940.41
21, 32E..94
23,532.38
26,009.87
28,30E..50
.00
.121121
.1210
.1210
.0121
.00
.121121
.0121
.0121
.00
.0121
.00
28,306',50
.00
2,368.33
4,732.29
6,863.51
9,217.1121
11,49121.44
13,834.54
16,12198.64
18,433.14
2121,763.04
23,013.3121
25,333.40
, 27,574.11
.00
.121121
.00
.1210
.00
.121121
.121121
.0121
.00
.0121
.00
.121121
27,574.11
.00
2,310.17
4,515.57
6, E/33. 54
.00
.00
.121121
6/1215/96
JACKSON COUNTY TITLE
LOAN AMORTIZATION SCHEDULE
365 DAY SCHEDULE
Name:
CE 11617
Loan Amount:
Number of Payments:
Payment F~equency:
Payment Amount:
PYMT *I
DUE:. DATE:.
34
35
36
37
38
39
40
41
42
4/01/98
5/01/98
5/01/98
7/01/98
8/1211/98
9/1211/98
1121/1211/98
11/1211/98
12/1211/98
TOTALS FOR 1998:
43 1/01/99
44 2/01/99
45 3/01/99
4E. 4/1211/99
47 5/1211/99
48 6/1211/99
49 7/01/99
50 8/01/99
51 9/1211/99
52 10/1211/99
53 11/1211/99
54 12/1211/99
TOTALS FOR 1999:
55 1/01/0121
56 2/01/00
57 3/1211/121121
58 4/01/1210
59 5/01/00
50 6/01/00
61 7/01/121121
62 8/01/00
63 9/1211/121121
64 10/01/0121
65 11/01/121121
56 12/01/121121
TOTALS FOR 2121121121:
PRINCIPAL
715.94
795.67
727.22
81215.68
737.63
742.65
82121.71
753.27
83~.12IE.
9,27121.92
764.1213
769.23
99121.91
781. 18
858.26
792.32
869.11
81213.61
809.1217
885.43
820.59
896.65
10,040.39
832.25
837.91
983.45
85121.28
925.58
862.35
937.34
874.58
880.52
955.04
892.99
967.19
1121,799.48
36121,1211210.00
240
M
3,12111.21
INTEREST
2,"294.27
2,215.54
2,283.' 99
2,205.53
2, 273. 5~,
2,268.56
2,190.50
2,257.94
2, 180. 15
26,853.60
2,247.18
2,241. 98
2,02121.30
2,230.1213
2,152.95
2,218.89
2,142.1121
2,21217.6121
2,202.14
2,125.78
2,190.62
2,114.56
25,094.13
2,178.96
2,173.30
2,027.76
2,1E.0.93
2,085.63
2,148.8E.
2,073.87
2,136.63
2,130.69
2,056.17
2,118.22
2,044.02
25,335.04
Inte~est Rate:
Fi~st Payment Date:
Date Start Inte~est:
Days Int in 1st Pymt:
YTD INT
UNPA 10 I NT
PAGE
~
c.
8,987.81
11,203.35
13,487.34
15,692.87
17,966.45
20,235.01
22,425.51
24,683.45
26,863.60
.00
.0121
.00
.0121
.00
.1210
.00
.0121
.00
8.00121
7/01/95
5/31/95
31
PRINC BAL
336,947.47
336,151.80
335,424.58
334,518.90
333, 881. 27
333,138.62
332,317.91
331,564.54
330,733.58
330,733.58
329,959.55
329,200.32
328,209.41
327,428.23
326,5E.9.97
325,777.65
324,908.54
324,104.93
323,295.86
322,41121.43
321,589.84
32121,693.19
320,593.19
319,86121.94
319,12123.1213
318,03'3.58
317,18'3.3121
316,263.72
315,401. 37
314,454.03
313,589.45
312,708.93
311,753.89
31121,860.90
31219,893.71
31219,893.71
An amo~tization schedule is accu~ate ONLY if full payments a~e made on time.
25,863.6121
.121121
2,247.18
4,489.15
E., 51219. 46
8,739.49
1121,892.44
13, 111. 33
15,253.43
17,461.1213
19,663.17
21,788.95
23,979.57
25,094.13
.1210
.1210
.1210
.1210
.0121
.00
.121121
.121121
.0121
.0121
.0121
.0121
26,094.13
.00
2,178.96
4, 352.2E.
6,380.02
8,540.95
1121,626.58
12,775.44
14,849.31
16,985.94
19,116.63
21,172.80
23,291.02
25,335.04
.0121
.121121
.1210
.0121
.0121
.121121
.0121
.121121
.0121
.0121
.121121
.00
25,335.1214
.0121
E./12I5/9E.
JACKSON COUNTY TITLE
LOAN AMORTIZATION SCHEDULE
365 DAY SCHEDULE
Name:
CE 11517
Loan Amount:
Numbe~ of Payments:
Payment Frequency:
Payment Amount:
PYMT *I DUE DATE
57 1/01/01
68 2/01/01
59 3/1211/01
70 4/1211/01
71 5/01/01
72 6/1211/1211
73 7/01/1211
74 8/01/1211
75 9/01/1211
75 10/1211/01
77 11/1211/01
78 12/01/01
TOTALS FOR 2001:
79 1/1211/02
80 2/01/02
81 3/01/02
82 ,4/01/1212
83 5/1211/02
84 E./I2I1/1212
85 7/1211/1212
86 8/1211/1212
87 9/01/02
88 1121/01/1212
89 11/1211/1212
90 12/1211/02
TOTALS FOR 2002:
91
92
93
94
95
95
97
98
99
100
11211
102
1/01/1213
2/01/1213
3/1211/1213
4/1211/1213
5/01/1213
6/01/1213
7/01/03
8/1211/03-
9/1211/1213
10/1211/1213
11/1211/1213
12/1211/03
PRINCIPAL
973.55
912.25
1,12121.97
926.1215
999.41
939.14
1,12112.16
952.4121
958.87
1 , 031 . 38
972.39
1,044.56
11,843.14
985. 1121
992.80
1,194.22
1, 007. 6E.
1,12178.92
1,12121. 84
1,12192.73
1,036.2121
1,12143.24
1, 113.59
1, 12157. 90
1,127.87
12,753.1217
1,072.75
1,1218121.04
1,273.55
1,12196.1213
1,165.02
1, 111. 39
1,179.99
1,126.96
1,134.62
1,202.62
1,150.50
1,218.1219
36121,0121121.1210
24121
M
3,011.21
INTEREST
2,12137.65
2,12198.96
1,89121.24
2,12185.15
2,12111.8121
2,12172.1217
1,999.1215
2,12158.81
2,12152.34
1,979.83
2,038.82
1,966.65
24,291.38
2,025. 11
2,018.41
1,815.99
2,1211213.55
1,932.29
1,989.37
1,918.48
1,975.01
1,967.97
1,897.62
1,953.31
1,883.34
23,381.45
1, 938. 46
1 , 931. 17
1,737.E.6
1,915.18
1,846.19
1,899.82
1,831.22
1,884.25
1,876.59
1,808.59
1,850.71
1,793.12
Inte~est Rate:
Fi~st Payment Date:
Date Sta~t Inte~est:
Days Int in 1st Pymt:
YTD INT
UNPA 10 I NT
PAGE 3
8.1210121
7/1211/95
5/31/95
31
PRINC BAL
31218,920.16
31218,1211217.91
31216,885.94
31215,96121.88
31214,961. 47
31214,12122.33
303,12110.17
302,057.77
31211,12198.9121
300,12167.52
299,095.13
298,1215121.57
298,050.57
297,054.47
295,12171. 67
294,877.45
293,869.79
292,79121.87
291,769.1213
29121,676.3121
289,640.1121
288, 596.8E.
287,483.27
286,425.37
285,297.50
285,297.50
284,224.75
283,144.71
281,871.16
28121,775.13
279,51121.11
278,498.72
277,318.73
27E.,191.77
275,057.15
273,854.53
272,704.03
271,485.94
An amo~tization schedule is accurate ONLY if full payments a~e made on time.
2,037.55
4,136.62
6,025.86
8,112.01
1121,123.81
12,195.88
14,194.93
IE., 253. 74
18,31215.1218
20,285.91
22,324.73
24,291. 38
.0121
.00
.121121
.0121
.0121
.00
.0121
.1210
.00
.121121
.121121
.0121
24,291. 38
.00
2,025. 11
4,043.52
5,850.51
7,864.05
9,796.35
11,785.72
13,71214.2121
15, E.79. 21
17,647.18
19,544.80
21,498. 11
23,381.45
~
.00
.0121
.00
.121121
.121121
.121121
.00
.0121
.0121
.0121
.0121
.0121
23,381.45
.0121
1,938.46
3,869.63
5, E.12I7. 29
7,522.47
9,368.65
11,268.48
13,12199.70
14,983.95
lE.,8E.0.54
18,659.13
2121;529.84
22,322.96
.0121
.0121
.1210
.1210
.121121
.121121
..0121
.00
.0121
.121121
.0121
.00
5/06/9E.
JACKSON COUNTY TITLE
LOAN AMORTIZATION SCHEDULE
365 DAY SCHEDULE
Name:
CE 11617
Loan Amount:
Numbe~ of Payments:
Payment F~equency:
Payment Amount:
350,121121121.00
24121
M
3,011.21
Inte~est Rate:
Fi~st Payment Date:
Date Start Interest:
Days Int in 1st Pymt:
PAGE 4
8.1210121
7/01/95
5/31/95
31
PYMT *I DUE:. DATE:. PRINCIPAL INTEREST YTD INT UNPAID INT PRINC BAL
TOTALS FOR 201213:
103
11214
105
10E.
107
108
109
110
111
112
113
114
1/1211/04
2/1211/1214
3/,1211/1214
4/1211/1214
5/1211/04
6/1211/04
7/1211/04
8/01/04
9/1211/04
1121/01/04
11/01/1214
12/01/1214
TOTALS FOR 201214:
115 1/01/05
116 2/1211/1215
117 3/01/1215
118 4/01/05
119 5/1211/1215
12121 6/1211/05
121 7/1211/05
122 8/1211/1215
123 9/01/1215
124 1121/1211/1215
125 11/1211/05
126 12/1211/05
TOTALS FOR 2005:
127
128
129
130
131
132
. 133
134
135
1/1211/05
2/01/06
3/1211/05
4/01/1215
5/1211/136
E./01/0E.
7/01/05
8/01/06
9/01/06
13,811.55
1,165.59
1,174.52
1,3121121.48
1, 191. 34
1,257.88
1,207.98
1,'274.09
1,224.84
1,233. IE.
1,298.63
1,250.37
1,315.39
14,895,27
1,257.80
1,276.41
1,452.13
1,294.95
1,358.83
1,312;98
1, 376. 40
1 , 331. 26
1. 34121. 30
1,41213.1212
1,358.94
1 , 421. 18
15,194.20
1,377.83
1,387.19
1,552.87
1,41217. 17
1,468. 17
1, 42E.. 71
1,487.20
1, 446. 5121
1,455.33
22,322.96
1,844.62
1, 83E..E.9
1,71121.73
1,819.87
1,753.33
1,803.23
1,737.12
1,785.37
1,778.05
1,712.58
1,760.84
1, e,9S.B2
21,239.25
1,743.41
1,734.80
1,559.08
1,716.26
1,652.38
1,698.23
1,534.81
1,679.95
1,57121.91
1,61218. 19
1,552.27
1,59121.03
19,94121.32
1,633.38
1,624.02
1,458.34
1,504.04
1,543.1214
1,584.5121
1,524.01
1,554.71
1,554.88
22,322.96
.0121
271,485.94
270,319.35
2E.9,144.83
267,844.35
2E.E., 653.01
255,395. 13
2E.4, 187. 15
262,913.1215
2E.l,688.22
260,455.06
259,156.43
257,906.05
256,590.67
256,590.57
255,322.87
254,12146.45
252,594.33
251,299.38
249,940.55
248,527.57
247,251.17
245,919.91
244,579.51
243,176.59
241,817.55
24121,395.47
24121,396.47
239,12118.54
237,631. 45
236,078.58
234,571. 41
233,203.24
231,775.53
230,289.33
228,842.83
227,386.50
An amo~tization schedule is accu~ate ONLY if full payments a~e made on time.
1,844.52
3,681.31
5,392.1214
7,211.91,
8,965.24
1121,768.47
12,505.59
14,291. 9E.
16,07121.1211
17,782.59
19,543.43
21,239.25
.0121
.121121
.13121
.121121
.121121
.121121
.1210
.00
.00
.00
.121121
.1210
21,239.25
.0121
1,743.41
3,478.21
5,12137.29
6,753.55
8,41215.93
10,11214.16
11,738.97
13,418.92
15,089.83
15,698.1212
18,35121.29
19,94121.32
.0121
.121121
.00
.0121
.1210
.121121
.0121
.0121
.0121
.0121
.1210
.121121
19,940.32
.121121
1,633.38
3,257.4121
4,715.74
5,319.78
7,862.82
9,447.32
1121,971. 33
12,536.04
14,090.92
.00
.121121
.0121
.1210
.00
.0121
.121121
.0121
.13121
6/05/95
JACKSON COUNTY,TITLE
LOAN AMORTIZATION SCHEDULE
365 DAY SCHEDULE
Name:
CE 11617
Loan Amount:
Numbe~ of Payments:
Payment F~equency:
Payment Amount:
PYMT *I
13E.
137
138
DUE:. DATE:.
10/01/06
11/01/1216
12/01/1216
TOTALS FOR 20121E.:
139
140
141
142
143
144
145
146
147
148
149
150
1/01/07
2/01/1217
3/01/07
4/01/07
5/01/07
5/01/07
7/1211/07
8/01/07
9/1211/07
10/01/07
11/01/07
12/01/07
TOTALS FOR 2007:
151
152
153
154
155
156
157
158
159
lE.0
151
lE.2
1/1211/1218
2/1211/08
3/01/1218
4/01/1218
5/1211/1218
E./I2I1/1218
7/1211/1218
8/01/08
9/01/08
10/01/08
11/01/1218
12/1211/08
TOTALS FOR 201218:
153
lE.4
155
166
lE.7
168
1/01/09
2/1211/1219
3/1211/1219
4/01/1219
5/01/09
6/1211/1219
PRINCIPAL
1,516.07
1,476.53
1,535.74
17,538.31
1,497.121121
1 , 507. 17
1, E.E.l. 97
1,528.7121
1,586.57
1,549.87
1,607.2121
1,571. 32
1 , 581. 99
1, 538. 5121
1, 503. 88
1,559.82
18,993.99
1,626.1215
1,637.10
1,736. IE.
1,6E.0.02
1,714.52
1, E.82. 95
1,736.86
1,706.18
1,717.78
1,77121.79
1,741. 48
1,793.89
2121,523.78
1,755.5121
1, 7 n. 5121
1,907.8121
1,802.54
1,853.38
1,827.38
36121,121121121.00
24121
M
3,12111.21
INTEREST
1,495.14
1,534.68
1,475.47
18,596.21
1,514.21
1,504.04
1,349.24
1,482.51
1,424.54
1,461. 34
1,404.01
1,439.89
1,429.22
1,372.71
1,407.33
1,351. 39
17,14121.53
1,385.16
1,374.11
1,275.1215
1,351. 19
1,296.69
1,328.26
1,274.35
1,305.1213
1,293.43
1,24121.42
1,269.73
1,217.32
15,61121.74
1, 245. 71
1,233.71
1,103.41
1,208.67
1,157.83
1,183.83
Int e,'est Rat e:
First Payment Date:
Date Sta~t Inte~est:
Days Int in 1st Pymt:
YTD INT
UNPAID INT
PAGE 5
8.1210121
7/1211/95
5/31/95
31
PRINC BAL
225,87121.43
224,393.9121
222,858.16
222,858.15
221,351. 16
219,853.99
218,192.02
216,663.32
215, 1217E.. 75
213,526.88
211,919.68
210,348.36
21218, 7E.5. 37
21217,127.87
21215,523.99
21213,864.17
21213,864.17
21212,238.12
2121121, 61211. 02
19B,8E.4.86
197,204.84
195,49121.32
193,81217.37
192,1217121.51
190, 3E.4. 33
188,646.55
185,875.76
185,134.28
183,34121.39
183,340.39
181,574.89
179,797.39
177,889.59
176,12187.1215
174,233.67
172,41216.29
An amo~tization schedule is accu~ate ONLY if full payments a~e made on ~ime.
15,585.06
17,12121.74
18,596.21
.0121
.121121 '
.0121
18,596.21
.121121
1,514.21
3,12118.25
4, 3E.7. 49
5,85121.00
7, 274. E.4
8,735.98
10,139.99
11,579.88
13,01219. 10
14,381. 81
15,789.14
17,140.53
.0121
.121121
.0121
.0121
.0121
.0121
.0121
.0121
.1210
.0121
.0121
.121121
17,140.53
.121121
1,385. 16
2,759.27
4,034.32
5,385.51
6,6B2.2121
8, 12110. 4E.
9,284.81
10,589.84
11,883.27
13,123.69
14,393.42
15,610.74,
.121121
.1210
.121121
.00
.121121
.121121
.0121
.00
.121121
.121121
.121121
.00
15,61121.74
.121121
1,245.71
2,479.42
3,582.83
4,791. 5121
5,949.33
7, 133. IE.
.1210
.121121
.121121
.121121
.121121
.0121
6/05/95
Name:
JACKSON COUNTY TITLE
LOAN AMORTIZATION SCHEDULE
365 DAY SCHEDULE
CE 11617
Loan Amount:
Numbe~ of Payments:
Payment F~equency.
Payment Amount:
PYMT *I
DUE:. DATE.
169
17121
171
172
173
174
7/01/09
8/1211/1219
9/01/09
1121/1211/1219
11/1211/09
12/1211/09
TOTALS FOR 21211219:
115 1/1211/10
176 2/1211/10
117 3/01/10
178 4/1211/1121
179 5/1211/1121
180 5/1211/10
181 7/1211/1121
182 8/01/1121
183 9/01/10
184 10/01/1121
185 11/01/10
186 12/1211/10
TOTALS FOR 2010:
187 1/01/11
188 2/1211/11
189 3/01/11
19121 4/1211/11
191 5/01/11
192 6/1211/ 11
193 7/1211/11
194 8/1211/11
1959/1211/11
196 1121/1211/ 11
19711/01/11
198 12/01/11
TOTALS FOR 2011.
199
200
21211
1/1211/12
2/01/12
3/01/12
PRINCIPAL
1, 877.58
1, 852. 55 ,
1, 865. 14
1,914.37
1,89121.82
1,939.39
22,273.gS
1,91E..84
1,929.8E.
2,046.35
1, 95E.. 88
2,1211213.76
1,983.79
2,029.98
2,011.1215
2,024.73
2,069.86
2,052.55
2,096.97
24,122.63
2,08121.74
2,12194.88
2,195.41
2,124.1214
2,1E.5.62
2,153.19
2,195.1213
2,182.73
2,197.55
2,238.26
2,227.7121
2,2E.7.63
350,000.0121
24121
M
3,12111.21
INTEREST
1,133.63
1,158.66
1,145.1217
1, 09E..84
1,12121.39
1 , 12171 . 82
13,860.57
1,094.37
1,081.35
964.86
1,054.33
1,01217.45
1,12127.42
981.23
1,00121.15
985.48
941. 35
958.66
914.24
12,12111.89
930.47
916.33
, 814.80
887.17
844.59
858.1212
816.18
828.48
813.E.5
772.95
783.51
743.58
2E.,124.79 .10,1211219.73
2,258.25
2,273.59
2,335.63
752.96
737.52
E.75.58
Inte~est Rate:
Fi~st Payment Date:
Date Start Inte~est:
Days Int in 1st Pymt.
YTD INT
UNPAID INT
PAGE 6
8.12100
7/01/95
5/31/95
31
PRINC BAL
17121,528.71
168,676.16
166,811. 1212
lE.4, 896. 65
lE.3, 005. 83
161,12166.44
161, 05E..44
159,149.60
157,219.74
155,173.39
153,21E..51
151,212.75
149, 228. 9E.
147,198.98
145,187.92
143,163.19
141,12193.33
139,12140.78
13E.,943.81
135,943.81
134,853.07
132,758.19
13121,571.78
128,447.74
12E., 281. 12
124,127.93
121,932.90
119,750.17
117,552.61
115,314.35
113,12186.55
110,819.1212
11121,819.02
108,5E.0.77
11215,287.18
11213,951. 55
An amo~tization schedule is accu~ate ONLY if full payments a~e made on time.
8,266.79
9,425.45
10,571.52
11,668.36
12,788.75
13,86121.57
.121121
.121121
.00
.00
.121121
.121121
13,86121.57
.1210
1,12194.37
2,175.72
3,14121.58
4,194.91
5,21212.3E.
6,229.78
7,211.01
8,211.16
9,197.64
10,138.99
11,12197.65
12,12111.89
.121121
.121121
.0121
.0121
.1210
.00
.121121
.0121
.121121
.0121
.121121
.121121
12,12111. 89
.121121
930.47
1, 846. 8121
2,661. 6121
3,548.77
4,393.36
5,251. 38
6, I2IE.7. 56
6,895.1214
7,709.69
8,482.64
9,266.15
1121,1211219.73
.121121
.121121
.121121
.121121
.1210
.1210
.121121
.121121
.0121
.1210
.0121
.121121
1121,009.73
.00
752.96
1,490.58
2,156.16
.121121
.0121
.1210
5/1216/9E.
Name:
JACKSON COUNfY TITLE
LOAN AMORTIZATION SCHEDULE
365 DAY SCHEDULE
CE 11617
Loan Amount:
Numbe~ of Payments:
Payment F~equency:
Payment Amount:
PYMT *I
202
21213 '
204
205
205
21217
21218
209
210
DUE DATE:.
4/1211/12
5/01/12
6/01/ 12,
7/1211/12
8/1211/12
9/1211/12
1121/1211/12
11/1211/12
12/01/12
TOTALS FOR 212112:
211 1/1211/13
212 2/01/13
213 3/01/13
214 4/01/ 13
215 5/01/13
216 6/1211/13
217 7/01/13
218 8/01/13
219 9/1211/13
220 1121/1211/13
221 11/1211/13
222 12/1211/13
TOTALS FOR 2013:
223
224
225
226
227
228
229
23121
231
232
233
234
1/1211/14
2/01/14
3/1211/14
4/1211/ 14
5/1211/14
6/1211/14
7/01/14
8/1211/14
9/01/14
10/01/14
11/01/14
12/1211/14
TOTALS FOR 212114:
PRINCIPAL
2,31214.91
2,342.85
2,335.49
2,373.62
2,358.49
2,384.58
2,42121.48
2,417.23
2,452.29
28,268.41
2,450.32
2, 46E.. 97
2,534.78
2,500.95
2,533.8E.
2,535.16
2,557.19
2,569.83
2,587.29
2,617.98
2,622.6E.
2,652.44
3121,639.43
2,658.5121
2,675.56
2,725.-37
2,713.27
2,74121.72
2,750.32
2,776.82
2,787.88
2, 80E.. 82
2,831. 87
2,845.13
2, 8E.9. 2121
33,182.45
36121,121121121.1210
240
M
3,12111.21
INTEREST
71216.30
668.35
674.72
637.59
642.72
626.53
59121.73
593.98
558.g2
7,856.11
560.89
544.24
475.43
510.25
477.35
476.1215
444.1212
441. 38
423.92
393.23
388.55
358.77
5,495.09
352.71
334.65
285.84
297.94
27121.49
260.89
234.39
223.33
21214.39
179.34
166.1218
142.01
2,952.1216
Inte~est Rate:
Fi~st Payment Date:
Date Sta~t Inte~est:
Days Int in 1st Pymt:
YTD INT
UNPAID INT
PAGE 7
8.12100
7/01/95
5/31/95
31
PRINC BAL
11211,646.54
99,31213.79
96,967.30
94,593.68
92,225.19
89,840.51
87,42121.13
85,002.90
82, 55121. E.l
82,550.51
8121,100.29
77,633.32
75,098.54
72,597.59
70,063.73
67,528.57
54,961. 38
62,391.55
59,81214.25
57,186.28
54, 563. E.2
51,911.18
51,911.18
49,252.68
46,576.12
43,85121.75
41,137.48
38,396.76
35,646.44
32,869.62
3121,081. 74
27,274.92
24,443.05
21,597.92
18,728.72
18,728.72
An amortization schedule is accu~ate ONLY if full payments are made on time.
2,872.46
3,54121.82
4,215.54
4,853.13
5,495.85
6,122.48
6,713.21
7,31217.19
7, 866. 11
.0121
.121121
.0121
.00
.121121
.121121
.0121
.121121
.0121
7,865.11
.121121
560.89
1,105.13
1 , 581. 56
2,091.82
2,569.17
3,045.22
3,489.24
3,930.62
4,354.54
4,747.77
5,136.32
5,495.1219
.0121
.1210
.00
.121121
.121121
.1210
.121121
.121121
.0121
.121121
.121121
.121121
5,495.09
.121121
352.71
687.36
973. 20
1,271. 14
1,541. 63
1,81212.52
2,12136.91
2,260.24
2,4E.4.63
2,543.97
2,81121.05
2,952.1215
.121121
.121121 ,
.121121
.00
.121121
.1210
.1210
.0121
.121121
.121121
.00
.121121
2,952.06
.121121
E./06/96
JACKSON COUNTY TITLE
LOAN AMORTIZATION SCHEDULE
365 DAY SCHEDULE
PAGE 8
Name: CE 11617
Loan Amount: 36121,121121121.121121 Inte~est Rate: 8.0121121
Numbe~ of Payments: 24121 Fi~st Payment Date: 7/1211/95
Payment F~equency: M Date Sta~t Inte~est: 5/31/95
Payment Amount: 3,011.21 Days Int in 1 st Pymt: 31
PYMT '* DUE:. DATE PRINCIPAL INTEREST YTD INT UNPA 10 INT PRINC BAL
------ -------- ---------- ---------- ----------- ---------- -----------
235 1/01/15 2,883.96 127.25 127.25 .121121 15,844.76
236 2/01/15 2,91213.55 11217.66 234.91 .1210 12,941. 21
237 3/01/15 2,931.79 79.42 314.33 .1210 1121,12109.42
238 4/1211/15 2,943.20 68.1211 382.34 .0121 7,12156.22
239 5/01/15 2,964.75 46.46 428.8121 .0121 4,11211.47
24121 6/1211/15 4,11211.47 27.87 456.57 .1210 .0121
TOTALS FOR 212115: 18,728.72 456.67 45E..57 .121121 .1210
GRAND TOTALS:
3E.0,000.12I121 3E.3,81218.53
LAST PYMl AMT:
4,129.34
An amo~tization schedule is accu~ate ONLY if full payments a~e made on time.
06/06/95
JACKSON COUNTY TIfLE
ACCOUNT HISTORY LEDGER
ACCOUNT *I 11517
1
,~
.::.
3
4
5
5
7
8
9
1121
Buyer:
CIfY OF ASHLAND
ATTN: PAUL NOLTE
2121 E MAIN STREET
ASHLAND OR 97520
ORIGINAL BALANCE
REMAINING BALANCE
P & I PYMT AMT
INTEREST RATE.
INfEREST PAID TO
*I
DATE::
TRANSACTION
36121,121121121.121121
351,544.1213
3,12111.21
8.000
1215/20/96
AMOUNT
.00
3011.21
3.1210
3011. 21
3.0121
3011.21
3.00
30 1 L 21
3.00
3011. 21
3.00
INT PD TO
12/18/95
1/22/95
1/22/96
2/2121/96
2/20/95
3/18/96
3/18/96
4/19/9E.
4/19/9E.
5/20/96
5/20/95
Selle~:
VALDOMAR.J SWANSON
JANICE.M SWANSON
375 OLD GREENSPRINGS
ASHLAND OR 9752121
YTD INTEREST PAID
YTD PRINCIPAL PAID
RESERVE BALANCE
LTE CHG BALANCE
TRUST BALANCE
PRINCIPAL
.00
29121.47
.121121
758.73
.121121
918.56
.121121
537.48
.1210
618.43
,.0121
INTE:.REST
.121121
272121.74
.121121
2252.48
.1210
212192.55
.00
2473.73
.1210
2392.78
.1210
PAGE 1
11,932.38
3,123.57
.121121
.1210
.00
END BAL
----------
354E.67.7121
354377.23
354377.23
353518.50
353618.5121
352699.94
352699.94
352162.46
3521E.2.45
351544.1213
351544.03
Please use the Year-to-Date Interest Paid amount fo~ your tax ~eco~ds.
1/22/96
1/22/96
2/20/96
2/2121/96
3/18/96
3/18/9E.
4/19/96
4/19/96
5/2121/96
5/2121/96
BAL FORWARD
PAYMENT
BUYER FEE:. PMT
PAYMENT
BUYE:.R FEE:. PMT
PAYMENT
BUYE:.R FE:.E PMT
PAYMENT
BUYE:.R FEE. PMT
PAYMENT
BUYE:.R FE:.E PMT
e6/05/96
*I DArE
--------
1 6/23/95
2 6/23/95
3 '7/24/95
4 7/24/95
5 8/21/95
5 8/21/95
7 9/18/95
8 9/18/95
9 10/19/95
10 10/19/95
11 11/20/95
12 11/20/95
13 '12/18/95
14 12/18/95
Buyer:
CITY OF ASHLAND
ATrN: PAUL NOL rE
2121 E MAIN STREET
ASHLAND OR 9752121
ORIGINAL BALANCE
REMAINING BALANCE
P 8, I PYMT AMT
INfEREST RATE
INTEREST PAID TO
TRANSACTION
PAYMENT
BUyr::R FE:.E PMT
PAYMENT
BUYE:.R FEE. PMT
PAYMENT
BUYE:.R FEE:. PMT
PAYMENT
BUyr::R FEE PMT
PAYMENT
BUYE:.R FE:.E r'MT
PAYMENT
BUYE:.R FEE 'PMT
PAYMENT
BUYE:.R FEE. PMT
JACKSON COUNTY TITLE
ACCOUNT HISTORY LEDGER
ACCOUNT *I 11617
36,0121121.121121
354,667.70
3,12111.21
8.1211210
12/18/95
AMOUNT
----------
312111 . 21
3.121121
312111 . 21
3.00
3011. 21
3.121121
3011. 21
3.0121
312111.21
3.0121
3011.21
3.1210
312111. 21
3.121121
INT PD TO
6/23/95
6/23/95
7/24/95
7/24/95
8/21/95
8/21/95
9/18/95
9/18/95
1121/19/95
10/19/95
11/20/95
11/2121/95
12/18/95
12/18/95
Se II et' :
VALDOMAR.J SWANSON
JANICE.M SWANSON
375 OLD GREENSPRINGS
ASHLAND OR 9752121
YTD INTEREST PAID
YTD PRINCIPAL PAID
RESERVE BALANCE
LTE CHG BALANCE
TRUST BALANCE
PRINCIPAL
1196.42
.121121
573.31
.00
'812.7E.
.00
817.74
.00
588.29
.1210
514.25
.00
829.53
.00
INTEREST
---------
1814.79
.121121
2437.9121
.0121
2198.45
.1210
2193.47
.0121
2422.92
.00
249E..96
.0121
2181. 68
.1210
PAGE 1
15,746.17
5,332.3121
.121121
.121121
.1210
END BAL
----------
35881213.58
35B803.58
.'358230.27
358230.27
357417.51
3:::'7417.51
3~,6599. 77
.3~6599. 77
35(,011.48
:':55011.48
:;;~5497.23
3~i5497. 23
354667.7121
:-;54667.70
, Please use the Yea~-to-Date Interest Paid amount fo~ your tax ~ecords.
CITY OF
ASHLAND
Council Communication
Ashland Gun C1ub/ Lithia Springs Property Lease Extension Update
Meeting Date: July 20,2010 Primary Staff Contact: Michael Morrison
Department: Public Works E-Mail: morrism(a)ashland.or.us
Secondary Dept.: N/A ~ Secondary Con1act: Michael R, Faught
Approval: Martha Bennett p.\C/ Estimated Time: 30 minu1es
Question:
Does the Council have ques1ions regarding the current status of the Lithia Springs Property lease
ex1ension including the environmental assessment work and implementation ofthe best managemen1
practices by the Ashland Gun Club?
Staff Recommendation:
No ac1ion is needed. This is a Gun Club progress update for the Lithia Springs Property.
Background:
On April 6, 2010, the Council granted a one-year lease extension to 1he Ashland Gun Club with the
stipula1ion thai some short term (within the 12 month lease extension) environmental and historical
improvemen1s be identified and acted upon by both the Gun Club and the Ci1y.
The Li1hia Springs Management Plan identified measures 10 protect the remaining historically
significant features. The Ecological Risk Assessmen1 Report has been comple1ed and submitted to
DEQ for review. Although DEQ has not progressed far in 1he review, they have informed 1he City that
cleanup is voluntary as long as the use remains 1he same,
The Gun Club has already made some significant improvemen1s as oullined below including the use of
Best Management Prac1ices and other improvements are planned for the near future.
History
The Lithia Springs Property has been owned by the City of Ashland since 1930. In the 80 years since,
the City has leased the property or allowed use of the property for several different aC1ivities including
a dry ice manufacturing plant, a motorcycle race 1rack and from 1968 to present, a shoo1ing range.
Prior to 1930 the property was developed as a mineral springs resort. This resort failed a short time
later however remains of the attemp1ed resort remain 10 this day, Along wi1h the resort remains,
artifacts from the dry ice manufac1uring plant are also present on the property.
In April of this year 1he Council agreed to a one year lease extension to allow slaffthe necessary time
to complete the environmental assessmen1 report including submission of thai study to the Oregon
Departmen1 of Environmental Quality (DEQ), The Levelll sludy has been completed and submission
of the report 10 DEQ has taken place, however, results from DEQ could take several months.
':!o
In recent years the use of the property as a shooting range has raised some concerns as to 1he po1ential
environmental and historical.impac1s. To address these concerns 1he City has commissioned 1wo
studies, The first study tilled the "Lithia Springs Management Plan," was prepared by George Kramer
Pagelof4
r.l 1
CITY OF
ASHLAND
of Kramer and Company to address the current condition of the historic artifacts on the property. A
portion of the study also included recommendations as to what needs to be done 10 pro1ect the historic
artifacts. The second study was a "Level II Ecological Risk Assessment Report" conducted by Brown
and Caldwell, an environmental engineering and consulting firm.
Lithia Springs Management Plan
Implementation of the recommendations in 1he "Lithia Springs Management Plan" has begun.
Recommendations and mitigation are included below:
1. Structures will be protected from errant gunshot or projectile impact of any kind. Structures will not
be used as targets or to support, targets. Additionally no freestanding target of any type is pe,rmitted
within 50' of an identified historic feature.
To address Recommenda1ion No. I, the Ashland Gun Club no longer allows archery in the area of
these slructures, The gun range has always been separate from these structures, however, archery was
allowed. The Gun Club decided to reorient the archery range to preven1 any possibility of an arrow
hitting one of1hese structures. The Gun Club also decided 10 fence around the mos1 significan1 and
vulnerable slructures to preven1 any acciden1al con1act.
2. Structure perimeters (and interiors where applicable) will be kept free of vegetation to avoid the
collection and trapping of moisture against masonry surfaces. '
The vege1ation around the s1ruc1ures has been and will be kepi to a minimum. Mowing occurs on the
property regularly. The Gun Club will include vegetation removal as part of their regular landscape
maintenance. ~
3, Structures will not be used for storage of excess building materials, trash, or vegetative debris.
Recommendation No.3 only affects two ofthe structures on 1he Lithia Springs property. Ma1erials
were completely removed from one of the structures, 1hen 1ha1 structure was fenced off10 preven1 any
further contact. Materials will be removed from 1he second structure by the end of the summer. That
structure has also been fenced and will not be touched again after the materials have been removed.
4, Annual review,
The frequency of inspection in Recommendation No.4 is still being discussed, 11 will be at leas1
annually as the report recommends but may occur as often as quarterly.
Level II - Ecological Risk Assessment Report
The results of the second study, the "Level II Ecological Risk Assessment Report," have also led to
some changes on the Lithia Springs property, We have had some initial contac1 wi1h DEQas to how to
proceed with the report submittal and what may come from DEQ's review, We have also learned that
the federally recognized rules for outdoor shooting range managemen1 have been published by 1he
Environmental Protection Agency, These EPA guidelines are now being implemented by 1he gun club,
At this time we do no1 have official results from the review by DEQ. However, we have gone over the
resul1s of the report with the consul1ing firm that conducted the study,and so far the results are mostly
Page 2 of4
~~,
CITY OF
ASHLAND
positive. The study looked for many types of contaminants in many places on the property. Due to the
various uses at the loca1ion it was feared that several sources of contamination may have been present
at many sites, The lead levels as expected are high in the berms used 10 ca1ch the bullets. However,
olher chemicals feared 10 be present on site were either not present or not presen1 in a significant
enough quan1ity to be a concern. In addition, 1he pro1ec1ed and/or endangered species present or
potentially present a11ha110cation do not have an exposure path 10 the contamination. This means the
protected and/or endangered species that may be present at that site will not come in contact with the
contaminated materials through any natural contact with the environment, food source or wa1er. The
results of1he sludy have also show that the ground water and the water in nearby Emigrant Creek show
no signs of con1amina1ion.
We have also learned through our initial conversations with DEQ that we will not be required to
conduct any type of clean up on the property unless the use of the property changes. If the Gun Club
stops using the property, 1he Ci1y could be required to clean up the property. If the City decided 10 use
it for any other use, or to sell it, 1hen we would defini1ely be required to conduct a clean up. (It is
unlikely that the property could ever be restored to residential standards given the active site his10ry.)
In a proactive approach, the City has begun 1he process of enrolling in 1he DEQ voluntary clean up
program. This will allow DEQ to review our ecological risk assessment and make recommendations as
to what will need to be done if1he City decides to voluntarily clean up the property.
)
Addi1ional Site Improvements
The EPA "Best Managemen1 Practices for Lead at Outdoor Shooting Ranges" will be the guidelines
the Ashland Gun Club is expected to follow in 1he future. It outlines best practices for managing lead
recovery, berm maintenance, bullet and shot containment techniques and many olher issues. The
Ashland Gun Club has already begun to follow many of the recommendations in this guide and
recently began testing 1he soil pH levels 10 determine iflead is likely 10 migrate when it rains. The
EPAs' guidelines outline a procedure to neu1ralize the soil to prevent rain from becoming acidic when
it comes in contac1 with low pH soil. This acidic wa1er will cause the lead trapped in the berms to
migrate. The EPA's Best Management Practices are somewha1 complex. The Gun Club took i1 upon
1hemselves to send 1wo ofi1s members to a week-long training course on these management practices
so they implement them correctly.
Another concern at the Lithia Springs property has been the security. Currently the Gun Club has an
older gate that has no1 always prevented unwanted users from gaining access to 1he shoo1ing range.
The Gun Club has proposed the installation of a new gate 1hat will require an identification card to gain
entry. This gate will be installed at the Club's expense and will provide a computer log of all card
users' time of entry, The current prac1ice of requiring members to sign in has led to some accuracy
questions.
Neighborhood Concerns
To address the concerns on several adjacent property owners, a neighborhood meeting has been
scheduled for July 12, 2010 a1 5:30 pm. The meeting, which will be held in the Siskiyou Room in the
'Engineering Services / Community Developmen1 Building, will cover topics including:
. The Ecological Risk Assessment Report;
. DEQ's role;
. Property owner concerns;
Page) of 4
~.l'
CITY OF
ASHLAND
. Gun Club lease issues.
Council Tour
A Council tour of the property is currently being scheduled. The Council will have an opportuni1y to
view many of the items listed in the Kramer Report, Gun Club operations and in1erim protective
measures.
The results of both studies have led to many changes in the Gun Clubs procedures. The Ashland Gun
Club has begun to implement the best managemen1 practices ~hich will allow the club to opera1e in an
ecologically and historically responsible manner. Slaff is taking a proactive role working with DEQ 10
find ou11he next steps in order to voluntarily clean up the site.
Related City Policies:
N/A
Council Options:
N/A
Potential Motions:
N/A
Attachments:
I. Lithia Springs Managemen1 Plan
2. EP A Best Managemen1 Prac1ices and the Level II Ecological Risk Report can be found on 1he
City's websi1e: htto://ashland.or.us/Page,asp?NavfD=12725
Page 4 of4
~~,
The Uthia Springs Property. owned by the City
of Ashland and leosed to the Ashland Gun
Club since 1968, is located at 555 Emigrant
Creek Road, a 65.98 acre parcel east of the
city limits. The property is identified on Jackson
County Assessor's Plat 392E07 as tax lots 400,
700 and BOO. Access is via Emigrant Creek
Road. east of Dead Indian Memorial Road.
Deed records document the first of these
parcels come into city ownership in 1930,
although some legal connection likely existed
as early as 1916- 1917. The Uthia Springs
property is the source of Lithia Water, a highly
mineralized natural water that is piped from
this location to three sites within the
community. Ashland first developed Lithia
Water as part of a hoped-for mineral springs
resort concept in the second decade of the
20th century, a plan that left lasting impact on
the community through the development of
uthia Park.
In 2005, the built resources of the Uthia Springs
property were evaluated for potential listing
on the National Register of Historic Places.
That preliminary evaluation determined that
the remaining features of the Lithia Spring
development, along with other built resources
that related subsequent uses of the site
including a dry ice plant, retained sufficient
integrity and association with themes of
Ashland's development to be listed on the
National Register of Historic Places. Interest in
protecting those resources for the future led to
the decision to develop a management plan,
outlining appropriate strategies to guide their
treatment by the City, the Ashland Gun Club
and any other activity on the site.
This report was prepared under contract to
the City of Ashland Community Development
Department. with financial assistance from the
National Parks Service Certified Local
Government Program, as administered by the
Oregon State Historic Preservation Office. It's
intent is to provide simple management,
mitigation and protection strategies for the
built resources related to the Uthia Springs
Development. The future of the Lithia Springs
site and its use, whether it continues under
Lithia Springs Management Plan
August 2009
lease as the Ashland Gun Club or is converted
all or in part to some other purpose, remains
uncertain. What is clear is that the wise
management of the property, no matter the
use. will assure every reasonable effort is made
to minimize further damage, and to protect
the opportunity for any future rehabilitation or
interpretation, to the greatest degree possible.
This document is not intended as complete or
detailed history of the Lithia Springs site or its
development over time. Previous studies, most
notably An Inventory, Historic Documentation,
and Assessment of Cultural Resources at uthia
Springs and Winburn. as prepared by Nan
Hannon and Clayton Lebow in December
1987. provided basic background information
and the inventory of extant sites. Additional
review, prepared by the author in 2005,
evaluated the potential eligibility of the site for
historic designation.
This management plan was prepared by
George Kramer, Kramer & Company, Ashland,
with project oversight by Angela Barry,
Assistant Plonner, Ashland Community
Development Department. Reldwork began
in June 2009 and the report was finalized and
submitted to the City in August 2009.
Page 1
I. Recent History:
Review of the changes in condition at the
Lithia Springs site befween December 1987,
when the site was documented. and the
present provide clear indication of the fragility
of these resources and the amount of loss that
can occur over a comparatively short period
of time without proper management.
Hannon and Lebow documented fourteen
(14) features on the Lithia Springs Site, in
addition to several wells. Some enumerated
features included multiple built elements and
fwo features. a garbage dump and a rock
pile, were not obviously built or directly related
to the Lithia development. The remaining
features were all remnants of the various Lithia
Springs-related activity present upon the site
since its initial development since 1907. Since
the Hannon-Lebow numbering system has
been adopted as the identification framework
for this management document. it is illustrative
of the potential far rapid resource loss to
compare the site they recorded with what is
present today.
1. Garbage Dump (not located/not extant):
2. Concrete Monolith: Assumed to be a gas
exchanger related to the Co2 operation,
this feature is remains in good condition.
3. Concrete Monolith, as above, located
near the creek bank, this feature appears
of later construction, with plywood form
marks. While somewhat suffering from
gunshot impact, this feature remains in
good condition.
4. Enclosed Concrete Structure, 130cm x
360cm ond 50cm high. with a partially
collapsed top and side, thot revealed the
interior to be hollow. this feature remains.
5. As obove, in 1987 this feature included the
active pump for Lithia Water supply to City
of Ashland.
6. Concrete foundation of the ice factory,
built 1944. 1O.7xI2.2m in size. s
7. Angular Concrete Wall. 11.7 meters long
and approximately one meter high
8. Enclosed Concrete structure. as numbers 4
and 5 (Not located/removed)
Lithia Springs Management Plan
August 2009
9. Flot concrete slob, 9.1x6.1 meters
10. Concrete Monolith, ds numbers 2 and 3.
(Survives, but has been knocked over).
11. Flat concrete slab, 11.3x9.1 meters
12. Pompadour Chief Spring (remains),
described as a "subterranean bathhouse-
type structure, with steps leading down
into the Lithia Water, the feature was
divided into fwo rooms, separated by a
door and low window, the top of the
window is arched, and the words
"Pompadour Chief" are carved into the
arch." (Significantly damaged)
13. Rock pile:
14. A) Steel Bridge across Emigrant Creek
(Relocated to Ashland Airport circa 1975)
B) Concrete pump house
C) Concrete and rock retaining wall at
Creek, including a stairway
D) Second concrete and rock retaining
wall at "Millroce." (now in-tilled with
reeds)
Page 2
Not specifically identified by Hannon-Lebow,
sixteen additional resources were noted at the
site and are identified as follows. These are
predominately steel features, most related to
"wells" as shown on the 1987 map but not
given individual feature numbers.
09-1
09-2
09-3
09-4
09-5
09-6
09-7
09-8
09-9
09-10
09-11
09-12
09-13
09-14
09-15
09-16
Well Stondpipe #1
Foundation Pier
Well Standpipe #2
Unknown Structure
Well Standpipe #3
Well Standpipe #4
Well Standpipe #5
Well Standpipe #6
Well Standpipe #7
Well Standpipe #8
Well Standpipe #9
Well Standpipe #10
Well Standpipe #11
Well Standpipe #12 (Crystal Geyser)
Mashed Metal Tank
Well Standpipe #13
Lithia Springs Management Plan
August 2009
~'Y
, So. "
A.M1-.^HC 1.........1'" ~..,...'...C1., ....."...........:0:>0..""""0..
Postcard View, Ashland Lithia Springs, c1910
Page 3
It is clear, both from a comparison of condition
in 1987 to the present, aided by physical
inspection, that the surviving built resources at
the Lithia Springs site have been significantly
damaged by both the elements and passage
of time in the last twenty-two years. This
damage has unfortunately been exacerbated
by entirely ovoidable actions that include
target practice, well-meaning if ill-advised site
clearance, trash deposits. and trash burning.
Comparison of Features #2 and #3, located
outside the main use area, with similar features
within the main use area. provide strong
evidence that physical damage is not simply
the result of exposure. Similar comparisons of
the exterior elevations of Feature 146 are
similarly conclusive that damoge is almost
certainly human-caused. These fragile
resources, representing a significant part of
Ashland's early 20th century history, will require
significant increased protection and improved
management if they are to hove any
reasonable chance of surviving.
Three basic rules should guide any and all
activity within the proximity of the surviving
resources of the Lithia Springs Site. These
precepts shall guide all activity on the site by
the City of Ashland and its lessees.
1. Structures will be protected from
gunshot or projectile impact of any
kind. Structures will not be used as
targets or to support targets.
Additionally no free-standing target of
any type is permitted within 50' of an
identified feature unless that feature is
protected by berms or other protective
strategies opproved by the City.
2. Structure perimeters (ond interiors
where applicable) will be kept tree of
vegetation to avoid the collection and
trapping of moisture against masonry
surfaces,
3. Structures will not be used for storage
of excess building materials, trash,
vegetative debris.
Resource protection can be effectively be
summarized in three simple rules;
Lithia Springs Management Plan
August 2009
.,~" ...
Feature # 12, The Pompadour Chief
Springhouse, shown in 1975, 2005 and 2009,
from the top.
Page 4
II. Recommendations:
1. structures will be protected from errant
gunshot or projectile impad ot any kind.
Sfructures win not be used as targets or to
support, targets. Additionally no free-
standing target ot any type is permitted
within SO' of an identified historic feature.
All remaining concrete and/or metal elements
identified with the Uthia Springs development
will be isolated from all activity related to the
gun club use. This includes using features as
targets, or to support, any sort of blind or
target, as well as an outright prohibition on the
location of any free-standing blind or target
(pattem, hay-bale, or other forms) from being
placed within fifty (SO) feet of any masonry
(concrete) resource. ALL historic resources will
be clearly marked, with protective fencing
where practical. so as to identify their
locations.
Surviving vertical monoliths (Features #2 and
#3, will be physically isolated ond removed
from any connection to any Gun Club activity.
This includes removal from any target course,
independent of weapon. Existing courses will
be re-designed to completely and entirely
isolate historic features from any path of travel
or shooting alley.
The Ashland Gun Club will regularly inform and
educate its membership and guests that any
and all such marked historic resources are
, specifically off-limits and to be avoided at all
costs.
Lithia Springs Management Plan
August 2009
~~~
~~, \~~
~;.. ')0/';
:~>'1~" ';";':"
~~
Qj-'~~-- -'- ~.- .
" "~"'~' .',: '1j----. '--,_. ___ ~
... "'.'N,,,,,,,,, , '.,.:-;:,........",~
'~,,~:'r~~:-/. ;::';t~~l~;:..\.:.,,:
'~." ", ",. " .~.' ~""- ".
~. - '~):~~:~....' '-/:.'0'\' ..,~"
!~ '- '. :~..".~... "':1 "'1</'(/
. . .. ,., . ,." ~
-~_./;"~.j~.il' .
. ". ''-'Y''~~'." ,_ .
'~~~"~:~-~4'~N{d ;',' '.,,;;:,_...
:::,,,,,. ""~:';;'~.~",. ""'..~~.,:.~ '
"'r, ,.>,-. ~":;:" ~~.' "<"-''4';_' " ,'t';'."O
/--J-..'" : , '~;'..;--6
,. -.- ""..
1-
~
I
Feature # 10, showing impact damage, 2009
Page 5
II. Recommendations: (Cent.)
2. Structure perimeters (and interiors where
app6cable) will be kept free 01 vegetafion
to avoid the colledion and trapping 01
moisture against masonry surfaces.
Vegetation including plant materials as well as
wind blown or deposited soil in direct contact
with concrete or stucco-coated concrete
holds moisture against masonry surfaces and
accelerates decay. A regular site
maintenance program to reduce vegetation
and soil-build up around identified historic
features reduces this situation.
All soil should be scraped back trom built-up
areas surrounding masonry features and
leveled so as to create negative drainage
away from the feature. This should be done
by hand. to avoid any physical damage to
these fragile features.
Use of herbicides is not recommended.
Should any herbicide be applied. extreme
care should be use to avaid any over-spray or
contact with masonry surfaces as such activity
can deposit salts and accelerated damage.
Lithia Springs Management Plan
August 2009
- '\...."~,:t.~ .:-:: ~ ,~-.- ".'.... :..,..., . ~.~ t..-. .
_, _,t~;'!~' ,Jc, ,:.tl.~.".;,~,~,
,..'~ , f ~~-: q' \' 0',-, ,",>;/.t' .....\ ~~
. ....,.:J,tt"W"" ,\' . ''':i(~~'X' ,,' ~i:'<'
_~_ -<i:-l"';' .' ~ '-'~ ,..,.~
''l.'C~i,;f}}~7:
~L. ..'. ",-,V...b' ~ ~,..,; ~ /,;,r
"~" . '''~'''' ~ r _ ~ . - ." '-1
,,'-=, . 1o:",,,,,-_f ?""'-' .. :.".... ,'"
~A""~' " .'a:L'~~!1 :..~.. " r ; j ,'C"
. . -; -'1\" ,.'."'Ie.. .... .~
",< ~".."'.e-l,'.~.~~~d'L ~'. .'; .
.. "i<'_~"~vc,, , i' ,'> '"
," ........~,t.,."""!'" '. ,,->.' -.'
......" ",>.'.' ,,,~,,~'....,;., .. ",.:' ....
.. 't 1.:>t.,.;.....~ S', I. ,:'.
. ,.,.."",1'" ".,. -,"':.?. ." ~.." ~
.-'. .:::..~.,":\!;f"Ni'-;;";'":i:>:'fc!J!!;;b.' -". '.-ij
_~,,~= ../-_" ~,~~. ~ J' .~
":.:'~'~~~' ;,1,'''~1'''"S:<\~\~'; "'. '.....:
. ,""iI _='"'"' t). 7:'-'^-.:"\; 1 ,.."....:.-
.~ _"''!/r'' .... ~_." -' ...
.. ':...;~~'<<~ -.' ' " ....<...'"
, ./ 'l1:"\o!-' ~A' ".,->>
, _,:~'-;,,""" r. ~ii- . ..'
_'.\ou'r""''-'' .;. - ", '
::' :.>' - ~~'
, _-/f : ~.: :~:::~.~ : ~,~?:.~. .
. '.
" ".
",' ,\ ~ ~.~.'
'.... ~......~-=.:.
"":.';;1" ,,-
-:-
'I,' ~ . " - .-.' ~
t' ;:
Feature #2. Manolith, 2009
.:~-....~~
....~-----' \)
- --"--.- -._,
P"'~ ,~'" ~ '.;
. ....;'::."'..... - - ~..,--.-\.
r," "~' \",,,~.,, ifi'"
~', " ., '".'. . ""
~(:<.; .' ,':,,:;':
"~""""'~";~' rt-.. i\
"" '" '\'I"'.",1'\'''I
~~~ ~-,j. -".Y\!..
-'-_.~-~-
--,
.. ""-,
" .
',,, .'9'h.
:>, >"1,\ }Lf-:
I'
f.
Feature #7, angular wall. 2009
-~.-:; '.;~~ .....,'f\ ":'.l",~,
~:r~:... . ):: :~~:~{~:~.~
w ~'-ll 1 "~~ lc";':' ""''''".
"""';~"~'. '.,n'... '~''''''h".',...,.,
J.l.;i'>.t.~~~", f::r '- H..... \. '~"I\""l"
.~ o,"~ .. .... " ......................l., M:;, } '\;'; .~;
~~.<. \l'-~; ','I.'....,~,")('.,~'{
ll, (\ \" .. G. ~ r _' ~;'i~~1 l'..fj;.I"" 1-t(..." I~
I ", .f. '\ ~-~ b. :.....~. .- if V> '/0 ".
)' ~ili,".\~t~ V~~r:{t;"l 'J~~~r _\' \V..:..~':;7'
'i'l 'k '...\ '\.. ~.) ';.'11.' j. t, ,.......-<. .iif&''ll...., '.~
,,\\~('y""l~~ \ I\. d.~1 ~~{.J:Y/'" ..~I,:3.tr\,,;I'~"'r
"'It." I,. 1\' \\1.,,., ''C''" ~,. ~.'.s. .
~}" h,l..t'l:.,!,j'jJ'('_I'~: }~":? "'~'~:V''!.' .,.
:. \ ~,~~; ~~ '~~,K~1f,~":!J'\~i;'.{!!:~ .' '~./'t' ,'\ ' .;"f~~.." ~
,; ~J-l... ,,"'" ';r~\;~~J:~n; 'J}.....j: '~";;.\." ',i..
',,1 ,.~( ~(t43~t"~j "-1}:'?-:f.J.,.~r':; t, ~~~~~ I. ./
II },l, 'I . ,t'7~~' .'~ ~"" ~ .
Feature #5. "monolith," 2009
Page 6
II. Recommendations: (Cant.)
3. Sfructures will not be used for storage of
excess buDding materials, frash, or
vegetafive debris.
Simply and directly put. historic resources shall
not be used as a trash dump. a storage area.
or a bum pit. The use of historic concrete
resources as a "bum pit" creates a cycle of
expansion/contraction for any internal steel
reinforcement and significantly exacerbates
and accelerates damage by vaporizing
interior moisture pockets. creating steam-
generated spalling. In absolutely no situation
is any such burning acfivity in proximity to
resources acceptable.
Existing building materials adjacent to Feature
146 (the pumphouse) shall be removed. Any
other trash. wood, fire detritus, or any other
non-masonry material located within or on top
any historic feature will be removed.
Existing concrete slabs (Features 6, 9 and 11)
may be used for industrial storage (lumber.
steel lengths) provided adequate air
circulation (4" minimum) is maintained through
the use of risers made from masonry blocks.
No wood or metal will be stored in direct
contact with any historic masonry feature.
4. Annual Review.
In order to assure compliance with these
Guidelines and reduce avoidable
deterioration to historic resources at the Lithia
Springs site, an annual inspection will be made
of all identified features. This may occur in
conjunction with the lease-required Section
3.2(3) "Historic Day" open house or at some
other time as determined by the City and the
Lessee.
Annual report notes, photos. or other materials
as appropriate will be maintained by the
Ashland Historic Commission/Community
Development Department to guide any future
review, restoration, or other study concerning
the property.
Lithia Springs Management Plan
August 2009
Feature 11. showing materials storage. 2009.
~"'~I1.'- '~.,'. '.' . :~...t;,,:'r'f.'~"'i?,l..'
c~-. ~ . -r:', ml' '.'1' ,.,~, :._'
(.....\., ',./; ~.~y~\~f.. ~',_~ I
.1 C .'he.:; ..;)
~\ (, "\. :'..,<y J.-'. .
fi~': I .,t,",,"Y~_ . ','. ':,'.
1.,1".::;'):'1 '-_'~'Q ;"'l~"" ,.'~ (I'" ~? - , ' .
~\~i\' ; : (,,7,~' t.:,. J~,)V .
t\~ At:-I:-' c~? ~ _. I." ",,<:~"- E':f~.;l\C".\'J '~- I.
'~j.r:!",,~<.f ,-' '.>:- ~. 'f., .'.~, -.- -~ ',' ;, .
'\\1 '~"~' '. -': " . ill..
.. '" I \ - . .. . ---- ~ '-->' I
"( '~"'''''J <;fJ -"'''' I" '."
.>\"i '.=.' 'J , .otl',~ J '................,/
~:'~....._~_F~ _ 01 ..."'. ~...t:',"'J ~ r-~';[: t
).17 , ~ /' :'JI' .t~!~ ~'I...'I:'-:
,L~1J~ . ".O":J\\.';.,,"5f'::'; .\...
'.iZ.-.-I ~~?:'4 '1oK-';!\''-'''~~'.lI&~1 ",
\\.~, .,. ..... ~ 1#:;,..t>,.J.;~'~';F..';~ .,' ~.l
..,~, ' ,. r. ,.... ,:-...::.,,"'. '_'_
I.
.'
."
I. ..,'
I
,
Feature 146, showing vegetation, demolition
debris. and other material in close proximity,
2009.
Page 7
III. Passion/lsolation Strategies:
Barrier Protection:
Install" berms around standing resources, to
provide protection trom damage. Berms ot
soil, located so as to avoid sloughing into or on
top of the resource, provide the single best
protection from random damage or
unauthorized use. Berms ,should be of
sufficient scale to fully isolate and protect the
resource from accidental damage.
Coupled with
prevent entry,
management
damage.
fenced/gated access to
this system provides the best
control to prevent future
Pro-active protection strategies (Section IV)
may occur within the bermed area, providing
additional resource protection.
It berms are not teasible, cyclone fencing
installed around key built features (5, 7, 10,
and 14A-C) will prevent unauthorized access
or use, limiting the potential for damage. This
approach provides little protection from
inappropriate target practice, relying instead
upon education and Gun Club practice to
avoid future damage.
,~
Restrict Use:
While it is certainly of benefit to have a regular
occupancy and use of the Lithia Springs site,
providing a presence on the property that
inhibits vandalism and provides for timely
response to any natural issues, the historic
resources of the property would almost
certainly be in better shape than they are had
they simply been left aione for the past twenty
years. Continued use of the property is not an
issue, inappropriate and damaging use of the
historic built resources upon it most clearly is.
AD masonry historic resources should be
completely isolated from the day-to-day
operation of the Ashland Gun Club or any
other Cityjlessee activity with the exception of
the modern Lithia Water pump house. These
resources should not be used to store building
materials except under controlled
Lithia Springs Management Plan
August 2009
circumstances, should not be used as trash pits
or dumps, and in absolutely no situation
whatsoever used for either bum pits or targets,
including target supports.
It is strongly recommended that use pattems
at the Gun Club be altered to remove any
and all member access to the area around
Feature 14. Bow targets should be re-<lriented
away from the pump house and rock wall.
Intact vertical features (#2 and #3) should be
removed from bow course, isolated from gun
club activities and protected by berms.
fencing and other strategies to assure their
long-term survival.
I
,
General View of the site, showing the use of
berms by the Ashland Gun Club, 2009
Page 8
IV. Repair/Protection Strategies:
Repair damage:
Stabilize Rock Wall
The rock/concrete creek wall lining Emigrant
Creek, built circa 1907 by Silver, is among the
earliest and most intact teatures on the site
(Sites 14C). While much of the wall's length is
in good condition, major damage is present at
the SW comer that given the rate of decay
since 2005 may be expected to fail at almost
any time.
This repair could include actual replacement
of missing cobblestones with material from the
site, recreating the missing portion
(approximately 24" x 40" in size) as well as
repair to the cast concrete coping which
exhibits severe settlement and cracking. In
such a scenario, careful attention to stone
pattem, mortar type and placement will best
integrate new work with the historic character.
If full repair is not feasible, or if delay is required
for project planning or funding, a TEMPORARY
repair should be created as soon as possible
to avoid actual failure. This might be best
accomplished by casting or installing a small
concrete foundation within the cavity and
bracing the coping portion with a vertical
support of stacked brick, concrete block or, at
minimum, a suitable wood post (4x4 or larger)
. sixed and padded to provide maximum
contact with the unsupported "arch." (See
sketch). Vertical supports should simply make
cantact with existing masonry, not attempt to
move it back to level.
If the temporary support is to exist during
winter or Spring, when creek levels rise, it can
be sandwiched between two sheets of
exterior grade plywood (4/4 recommended)
with through bolts to reduce water impact
and further erosion.
Lithia Springs Management Plan
August 2009
Feature 14C, 2005
Feature 14C, 2009 (Note missing wall portion
(arrow). failing coping)
Blocking sized 10 fl1
irregular opening and
shimmed to provido
maximum suppon
4x
Vort.
Sup ort
4x
Vert
Sup rt
r--~ - I
I
~Pad,Ol'Suppor1Plef
Suggested temporary support design, Feafure
14C
Page 9
Temporary Roofing/Weather Protection:
For key resources creating a temporary
weather protection system would significantly
'reduce future damage by protecting the
masonry from rain and freeze/thaw. This could
be a simple wood-frame and metal-roof
"shed" open on all four sides to assure
adequate ventilation.' Appropriate
dimensional lumber (Pressure-treated is
recommended) can be dry set into ground to
form a simple support system. Roofing
material can be simple corrugated metal
sheets. A neutral color material (gray, tan) will
minimize visual impact. Standard construction
and anchoring for wind load will assure
longevity.
Roof should be sized with a minimum 4/12
pitch and sufficient roof/eave extensions to
protect beyond all vertical walls for a
minimum of 48" in each direction. Drip edge
drainage should be controlled to assure water
drains away from the building.
This recommendation applies specifically to
the pump house (Feature 146). a resource of
considerable significance to the site. being
the only remaining "standing" structure. It's
survival. along with the perimeter stone walls
around it. are key to the integrity of the Lithia
Springs development. Similar coverings may
be appropriate for Features 2 and 3. as well as
feature 10. to reduce additional damage.
Excavation/Ground Isolation:
'Feature 10, one of the three identified
monolithic concrete tower.; on the site in 1987
to survive. is currently lying in two pieces, after
having been toppled for unknown reasons.
This feature. a hollow square of concrete with
stucco surfacing, could ultimately be righted
to its proper orientation as a part of some
future interpretation effort. Feature 5. another
monolith, is also now in horizontal orientation.
At minimum these features should be isolated
from direct contact between stucco and the
ground, a situation which will rapidly increase
surface deterioration. Carefully picking up the
feature and placing it upon concrete blocks
Lithia Springs Management Plan
August 2009
to create a minimum of 4" ground clearance
will allow suitable air flow.
Feature 146, 2009
-._, , "
'...~. ,.'1. t..._r........C..
-:-.'~.. -......
.:__'.;""'''. ' ii~':;t"~~;
f7C"<'~-'l~:.I,:~~~;;::,};:, :.~?;:
, ~ )"f.,Jfl~:"1 " '
-) ~r~;~ r" '
-
_.--~-~. ---
:..2.'_.......
,,' {;~...._,--::' '.
~i ':',1~~'i.
Feature 10, 2009
Feature 10, 2009
Page 10
Education & Interpretation:
The treatment of resources at Lithia Springs
between 1987 and 2005, provides clear
evidence that lack of awareness of historic
resources leads to their damage. The
reduction in avoidable damage, but not its
cessation, between 2005 and the present, a
period in which the significance of these
resources became an increasingly visible issue,
shows that continued education of all user
groups at Lithia Springs, including city
employees, public safety officers and general
club membership, must continue. The
implementation of this management plan
requires that awareness and appreciation of
the fragile nature of these features remain an
integral element of the Gun Club operation
and stewardship of the property.
Assuring all users of the Lithia Spring property
are aware of its historic features is best
accomplished through a statement to that
effect included in Gun Club membership
forms and other communications. Small site
signs (5x7, 8xlO) comparable to those used by
the US Forest Service can be manufactured of
aluminum/vinyl at modest cost. Such signage
could be installed in close proximity to all built
historic features, identifying them and such
and alerting users to their value (See proposed
sign at right).
Additional awareness can be built through
modest interpretation, including a small on-site
sign or informational kiosk installed adjacent to
the Gun Club headquarters building. This
simple structure, of a painted panel. or
"shadow-box" design could face the porking
are or some other appropriate location, to
inform any visitor of the history of the site, its
fragile remaining resources, and our collective
need to protect them for the future.
Under Section 3.2(3) "Historic Day" of the City
of Ashland/Ashland Gun Club lease, the club
will provide access for all neighbors and
community members for at least one day per
year. This event could be tied to increased
interpretation of the site and the importance
of Lithia Water to Ashland in coordination with
the Ashland Historic Commission, Southem
Lithia Springs Management Plan
August 2009
Oregon Historical Society and other
appropriate entities.
Proposed Feature Identification sign. 2009.
Resource Discovery:
Given the modified grade and serial layering
of soil at the Lithia Springs site, there is a high
probability that currently hidden historic
resources associated with the development of
Lithia Water remain buried below current
grade level. Careful planning and monitoring
during any proposed site work, whether
related to environmental clean up activity or
re-contouring to create berms or other
features required by the lessee will assure the
protection of these resources.
Ground penetrating radar can provide
information on subsurface features prior to any
excavation and is considered the best
method of pre-identifying the location of'
remaining features. Such sites should be
carefully defined to minimize damage.
Where an inadvertent discovery is made
during any site work, further excavation should
cease immediately to allow cultural resource
specialist review of the site and the
development of an avoidance strategy.
Page 11
V. Summary:
The historic resources at the Uthia Springs
property have suffered considerable damage
over the past 40 years, the result of both City
of Ashland and Ashland Gun Club actions.
With new appreciation tor the history of the
property and increased awareness on the part
of all parties, deterioration has been largely
arrested. However, due to past damage and
the on-going and entirely normal exposure to
the elements, the future of masonry resources
in particular is increasingly threatened.
As recommended here, a mixture of passive
strategies and education, cost-effective and
easily implemented, will enhance protection
of these important resources and, hopefully to
a limit their further decay. Augmented by
various active intervention strategies, including
temporary bracing, increased weather
protection, and increased site maintenance
and stewardship, key features will be given
every realistic opportunity of survival given
limited funding for such protection.
That the Lithia Springs property, the historic
and continuing source of Ashland's Lithia
Water, is of importance to the community is
beyond question. Whether its built historic
resources related to the development of Lithia
Water remain exfant, and whefher or nof
there is any future use of the property that
would benefit from their survival. is an open
question. The recommendations of this
management plan outline some modest
efforts toward improving the likelihood these
historic features will survive until such time, if
any, that citizens of Ashland identity an
additional, or altemative, use for the property
that would benefit from their presence.
Lithia Springs Management Plan
August 2009
ASHL,,\..ND
~ATERS
Lithia Waters Logo, Circa 1910
(Southem Oregon Digital Archives)
Page 12
Lithia Springs Management Plan
August 2009
V. Images:
The following is intended to aide in feature identification. Numbers are based upon the 1987
Hannon-Lebow report, as modified.
FEATURE
NO.
1
2
NAME/DESCRIPTION IMAGE, 2009
"Historic Garbo e Dum " Not located/Removed?
Concrete Monolith, assumed to be an exchange or
reduction element associated with the production of
C02, these features have several metal lined "ports"
and a pierced metal "lid."
3 Concrete Monolith
4 Enclosed Concrete Structure: Apparenfly also related
to the production of C02
5 Enclosed Concrete Structure, located immediately
east of the small, non-historic, wood pump house that
currently supplies Lithia Water to the city.
Page 13
Lithia Springs Management Plan
August 2009
FEATURE NAME/DESCRIPTION
NO.
6 Concrete Foundation/Ice Factory
IMAGE, 2009
Not Located/Removed?
7 Angular Concrete Wall
8 Enclosed Concrete Structure
9 Flat Concrete Slab [Ice Factory]
10 Concrete Monolith
11 Flat Concrete Slab (includes rectangular "well"
feature)
12 Pompadour Chief Spring house (Foundation only)
13 Rock Pile
Page 14
FEATURE
NO.
14A
Lithia Springs Management Plan
August 2009
NAME/DESCRIPTION IMAGE,2oo9
steel Bridge across Emigrant Creek (relocated to
airport c1975) [2005 Photograph)
14B Concrete Pumphouse
14C Concrete & Rock retaining wall/stairs (along Emigrant
Creek)
14D Concrete & Rock retaining wall/wing dam. This
feature continues below grade and connects into the
wall of 14C, as well as continuing to the wes!. where it
is overgrown by Cattails and marshy vegetation.
Page 15
FEATURE
NO.
09-1
Lithia Springs Management Plan
August 2009
New resources, below, added to '987lnvento
NAME/DESCRIPTION IMAGE, 2009
Well Standpipe # 1. This leature is located on the west
of the main access road, approximately SO' north of
the entry gate.
09-2 Foundation Pier: This small concrete element with
metal pins is located on the South side of the now-
blocked access road a the eastem edge of the
properly. A matching feature. toppled. in located on
the opposite side of the road. near feature 09-3
/
09-3 Well Standpipe #2. cast iron flange.
09-4 Unknown structure: Includes 0 concrete encased
metal "barrel" and a separate. concave concrete
surface inset into a case square pad, located
immediately north of 09-3A
J
Page 16
FEATURE NAME/DESCRIPTION
NO.
09-5 Well Standpipe #3, located just south of Feature 3.
09-6 Well Standpipe #4, case iron with flange, approx. 8"
diameter, located in a group of several standpipes,
SW of features 3 and 4
09-7 Well Standpipe #5, located south of 09-6
09-8 Well Standpipe#6, locate~ immediately east of 09-7
Lithia Springs Management Plan
August 2009
IMAGE, 2009
,
Page 17
FEATURE NAME/DESCRIPTION
NO.
09-9 Well Standpipe #7, located to the SE of feature 7
09-10
09-11
09-12
09-13
Well Standpipe #8, located near Feature 7
Well Standpipe #9; A steel well casing approximately
6" in diameter, this feature is located near Feature #7
and is assumed to be a former source for Lithia Water.
Well Standpipe 10, iocated near 09-11 :
Well Standpipe #11, Located near roadway, east of
feature 8, this pipe has been modified with the
attachment of a modern hose bib.
lithia Springs Management Plan
August 2009
IMAGE, 2009
Page 18
FEATURE
NO.
09-14
09-15
09-16
Lithia Springs Management Plan
August 2009
NAME/DESCRIPTION IMAGE,.2009
. Well Standpipe # 12"Crystal Geyser" well pipe and
curbing: This 4" diameter standpipe, approximately
30" tall and terminating in a steel flange, is surrounded
by a small concrete curbing. It is similar in design to
the "Crystal Geyser," located on the property as early
as 1907 and appears to be same feature described in
a January 1966 article as "the original Lithia Springs
well."
Mashed metal tank: This feature, approximately 18" in
diamefer, appears to be a portion of a large steel
tank or standpipe, compressed to grade level. "is
located in on the slope, immediately east of Feature
#10 and may relate to a former use or structure at this
location.
Well Standpipe #13: Approximately 30" high and 6" in
diameter, with flanges and other fillings, this feature is
located in the middle of the range and projects
above grade. A more modem appearing galvanized
metal pipe and cap (2.25 inch diameter) is located in
the center of the feature.
,,'1"
':1~ - "t.
, ::-. .,:;:1 ;.\;~~""
'~'" ~ .,~y' . )f '.'{{l
. \~ _ ~~ ';":. ,;.r f.." '
, - ~ .j.;
~j~f~' :':~'C;~',.","
.,,,-}:\{;::".;: ;;ff'~? ~/~"
:"'\'1< ..~~. '.' ."f-~~~ 1,;.. 1~""
,;:~,(;.i . .:"":'-e"'"::.."''!; >.-'~
n..~!.riA.-:... .' ~~..:. ",.~" 'j ~.' $;: ,?-"O,.J;
~~~~~!:!-.
. t>;1c', ,,' "'r=-' '-~
"~'fu---;.,,~ ..~,. .. ~ ' <'.-'" I;'~-<,;..'"
"'S"';G~ ,'.),:~i~ ... .....,-- ~.....~..: .........: .;.'
>.~.., ~V': l:l:r:'~"';'\ ..... ,...~..." ,,~.r'<;o....
'r.?'\"/ . '-t ~~J>; ; ~,. r;t.......,~l.}{:
J: :'>./1 l ". ~~ ~,;:..,
...;.,-'!.... :.t..'':~ \ ' ................~-
'_^ .~.' ',. '" '\" \, S;,
.1":": ,'_ )1....../ \' '- ...
~~;" ~'lj'Z:-UQ\ ~"\'j; -3;
~,~-,~' s.......,"'. ~\ '{"-'~
0\'1;;'" (\ L ,~:t"'-::' I'. I.' :'0
'j" ,~.,~ it r '."
\,,~,,(":J\'}.f\~,--"/~ ,- ,~
lJ ~'I' ~~- V ~ ~;i%' . ...".....,
. .1" '..~ ~~. ..~~~
'"" M' ~~~..~ .~"'";f/j!i - "':;i ~:i!f..'~.':I,:
"j.tf.',,:;-~""{i:tii,\. :-~;,', "T" ~\,
v.... ~. .\')!". ~}'l.)~,.,. .. f.,...:);..~,~.-t:;'.
__,A!= Yd~ ....~.~~.:Ifti~{
, \\ 14.
''',~
,/..'
"
--
?
'? .~.
:~~: ;*_~ &-~t ~~;~L_
~,~",,),"':\'f,."':l:~ ~'. -
~.,....' ;.:>~...r(", :,'
i,~~...:r.:$"i-
~t:~!t~l;~ ('l~:~,~:~.~ :.!~~. .
~1~~~~J:t~tl :~~:~~~~:
~~.-:.~,.~~t:.~ ' ~1....:o;;~~~~'::.:
~k..."~a\'\.~~.}t: ._'lO~".....~",......V:.,,;"";-~l
~jrl:"'5rtQ;:J":'t-~ . I ",".;..--(~~-:..~..-'jl";::~~~
:::~::':.,;":.:;: . '\.,,;;i ;;"};::.~~~
~.'\~-::\ ''"'.t\f'?'_~::?;?~t.~~.:~..-.:-~:~~t~.
:;r..~j~".:_"~~~~~'~~~~:~~~'~~~
;'~~~~'{~ ~'!'e:?$t~~l.'l.~;"~~~
__._'_~~' _ ;';,/:- ';'",'~~':':-t:t:..~:::...,:< "
'~J~~~ :
Page 19
VI. Maps:
1. Site Map, 1987 [from Hannon-Lebow)
2. Site Map, 2009 [revised and modified,
affer Hannon-Lebow), showing extant
features)
3. Aerial View, 2009
'" .~~L5 -._
)'. fP/TlZte -.'..S.
",r"-: :-~~ .
.. 'I!tI~t~Li'" :
M(Ik/fito//~&r
- L~. . .- i'"j.)_
:"""Of ~.~- .........~..,...
.......,"" -, ....n'"
;...... .. ",'
~.. . ;....:l
~~~
Proposed Lithia Water Bailie design, as
presented to Ashland City Council by Mr.
Leslie Marcus, the last known effort to bailie
Lithia Water for commercial sale [ADT, June
16,1965,1:6).
CITY OF
ASHLAND
Council Communication
Ordinance Amending AMC Chapter 1.08 Relating to Classification of Offenses
Meeting Date: Ju]y 20,2010 Primary Staff Contact: Richard Appicello
Department: Legal E-Mail: appicelr@ash]and.or.us
Secondary Dep!.: City Recorder .M-I- Secondary Contact: Megan Thornton
Approval: Martha Bennett Pix,v- Estimated Time: 10 minutes
Question:
Should the Council approve First Reading of an ordinance amending Chapter 1.08 to add provisions
concerning the classification of offenses, and move the ordinance on to Second Reading?
Staff Recommendation:
Staff recommends Council approve the First Reading of this ordinance and set Second Reading for
August 3, 2010. ,
Background:
Note: On April 20, 2010 the Council directed the Offenses in the Code be classified either Class J,
Class 11, Class 111 and Class IV. The Classes correspond to Class A, Class B, Class C and Class D in
Oregon Revised Statutes Chapter 153; however, the minimum fine statute will not be operate for these
City Ordinance offenses.
The eight classification ordinances on the Agenda have been properly advertised and provided to the
City Recorder and Council as provided in the City Charter.
Below this line the Council Communication is unchanl!:ed from April 20, 2010. Because of the
chanl!:e noted above. the minimum fine statute (the restriction on the Judl!:e's ability to reduce
fines for City Ordinance offenses) will not operate as described below. Please note the minimum
fine statute still operates for all State law violations cited to Municipal Court.
These ordinances raise three 3 policy issues for the City Council:
Classification of Offenses. As discussed below, staffrecommends that Council classify different
violations of the Ashland Municipal Code. Under the proposed system, the most serious offenses - the
ones that pose the greatest threat to public health, safety, and welfare - would be classified as class "A"
offenses, and the least serious - the ones that have more limited harm - would be class "D offenses."
This proposal is discussed below in this memo, and each ofthe attached ordinances includes proposals
for how the existing Municipa] Code offenses would be classified.
Base Fine Calculation. As a result of classifying all of the municipal ordinance offenses, the base fine
for city ordinance offenses will correspond with the class of offense. The classification system allows
for different base fines and maximum fines based on the severity of offense. Currently, all city
ordinance offenses have a base fine of $362 while the state surcharge is in effect. The classification of
offenses would result in base fines of $472.00 for class A violations, $287 for class B violations, $]90
for class C violations, and $] 42 for a class 0 violations. This is discussed in greater detail later in this
Page 1 of5
r.l'
CITY OF
ASHLAND
memo. This system has several advantages. First, it creates predictability of outcome for people
cited for violation of municipal code offenses. Officers are presently reluctant to cite city ordinance
violations because the possible penalty is too great with a base fine of $362 for all offenses. Under this
system, if someone pleads guilty or is found guilty, her/his fine cannot be greater than the maximum
fine for the class of offense or less than 75% of the base fine amount. Coupled with the classification
system, it ensures that the fines for more severe violations will be higher than those for less severe
violations. Second, the system is extremely efficient, in that, it would allow people who do not wish to
contest a citation to simply pay their citation in person or by mail. It would not require them to
personally appear in court to plead guilty and receive a sentence.
The Municipal Court judge would be able to reduce a fine to 75% of the base fine amount in
accordance with state law. This limitation is exactly the same limitation that exists for all state law
violations. [See ORS 153.093] Ifstate law did not provide limitations on judicial discretion to reduce
fines, judges could effectively nullifY the state legislator's and city and county council's legislative
determinations as to which offenses are more or less serious than others. For example, had the state not
imposed this limitation, a Class A violation could effectively be reduced to a Class D violation,
contrary to Council's legislative action. Allowing judicial discretion to set fine amounts would
significantly reduce gains in predictability, efficiency and fairness because there would be no incentive
to mail in the base fine amount ifan appearance before ajudge could result in a large reduction of the
fine. The base fine and minimum fine systems do not impact the ability of judges to divert city or state
violations in order to keep it off a person's record as long as the diversion fee is consistent with the
minimum fine statutes.
Clean Up of Municipal Code. In preparing these ordinances, staff did not initially update the existing
Municipal Code to remove outdated terms, such as "Victrola" in AMC 9.08.170 or "Invalid Chair." in
10.68.210. However, after receiving comments from City Councilors in accordance with Council
rules, staff made several obvious changes to the first three ordinances and also made several
corrections in the more recently provided ordinances.
Additional Discussion
The City Attorney's Office has previously addressed the 'City Council on the "one size fits all" generic
nature of the Ashland Municipal Code. Specifically, every single violation offense in the code is
punishable. by a fine of up to five hundred dollars, ($500.00). [AMC 1.08.020]. The City Police
Department and past and present City Code compliance staff favor a more precise identification of
levels of offenses and fines associated with such offenses. One predictable way to refine the Ashland
Municipal Code is to use the existing classification system for offenses in ORS Chapter 153. Such use
of the classifications is specifically authorized by Oregon law. However, the city could choose to have
a different classification system or to have a single classification, which is the current practice. Both
the City Police and the Municipal Court are familiar with this state classification system which allows
for the designation of offenses as Class A, Class B, Class C and Class D.
Pursuant to ORS 153.018, the maximum fines by Class of Offense are as follows:
Class A: $720
Class B: $360
Class C: $180
Class D: $90
Page 20f5
r~'
CITY OF
ASHLAND
As amended, AMC 1.08 designates all city ordinance offenses as Class B unless otherwise specified in
the Municipal Code. This default designation has the effect ofreducing the maximum fine from $500
to $360 for all offenses. The City Council is being asked to designate a Class [A, B, C or D] for all
offenses in the Code. The most commonly used chapters 9, 10 and II are being brought forward first.
While other amendments may come to mind as these chapters are reviewed, the primary focused these
ordinances is classification of offenses.
As a result of classifying all of the municipal ordinance offenses, the base fine for city ordinance
offenses will correspond with the class of offense. The State of Oregon uses a base fine calculation
[ORS 153.125] to ensure fairness, consistency and predictability in the adjudication of violation level
offenses. (However, you are not required to use the state base fine calculation if you establish by
ordinance a separate system for city ordinance violations.) The classification system allows for
different base fines and maximum fines based on the severity of the offense. The base fine is the
amount written on the front of the ticket by the police officer or code enforcement officer. The amount
of the base fine, described below, is based on a formula which includes required assessments. For
offenses not requiring a personal appearance in Court, a defendant can just mail or drop offhis/her
payment of the base fine with a guilty or no contest plea and the matter is ended (unless the Court
sends a notice to appear). If a defendant goes to trial and is found guilty the judge cannot lower the
amount assessed to more than 25% of the base fine. Mandatory assessments would apply on top of
this amount.
Staff recommends clarifying offenses because it treats offenses based on their severity. Under the
existing system, an offense such as dog in the park [AMC 10.68.100] is the same level of offense as
failure to contain or leash a vicious dog [AMC 9.16.020]. Both are punishable by a maximum fine of
$500, plus assessments. The base fine amount calculated using the "one size fits all" maximum of a
five hundred dollar fine is $317.00 ($362.00 while the surcharge is operative). [Calculation is $250.00
foundation amount (1/2 the maximum) plus $37.00 state unitary assessment, plus $30.00 county
assessment equals $317.00 plus the 2009 $45 surcharge to total $362.00]
A Defendant charged with a dog in the park violation will likely not plead guilty or no contest on the
backofthe citation and mail in $362 to the court clerk. The defendant will likely decide to appear in
Municipal Court for this violation and ask the judge for a smaller fine. This is an extremely inefficient
use of the City's resources; the City Council can increase efficiency by more precisely addressing the
appropriate levelofthe offense legislatively.
The'police and parks director would recommend classification of dog in the park as a Class D violation
offense punishable by a maximum $90.00 fine. (Compare to vicious dog, which would be classified
more seriously). More importantly, the police would use the bail schedule based on this "D"
classification and write the base fine amount of$97.00 on the ticket. ($142.00 while the surcharge is
operative). The offender is more likely to exercise the option to plead guilty or no contest by mail
,
(with or without an explanation) and submit the base fine amount with his or her plea. No personal
court appearance is necessary.
Please keep in mind, state law imposes a $37 unitary assessment on all violations as well as a County
assessment ranging from $5 to $66 based on the fine amount. Accordingly of the $97 submitted in the
above example, $37 goes to the State of Oregon and $15 to Jackson County. The City gets the
Page) of 5
r~'
CITY OF
ASHLAND
remaining $45 only. (While the $45.00 surcharge is in place, the surcharge goes to the City much like
the City Assessment which was proposed two years ago)
In general, the proposed ordinance amends Chapter 1.08 to clarify and refine the penalties associated
with criminal and violation offenses. The ordinance does the following:
. Establishes Classes for violation offenses (i.e. Class A, B, C, and D) with corresponding fines.
[Page 2, Section 2] [Page 3, Section 3, Table I]
. Sets all Violations of the Code not otherwise designated as Class B Violations. [Page 2,
Section 2]. Class B Violations are punishable by a maximum $360.00 fine, plus assessments.
[Page 3, Section 3, Table I]
. Establishes Base fine amounts consistent with. state law for all Classes ofviolations.[Page 3,
Section 3.B. Table I] Staff recommends the base fine system to create more predictable
outcomes for sentences for people found guilty.
· Repeals the adoption of the criminal laws and procedures in AMC 10.104.010 which has not
been updated since 1989. [Page 4, Section 7]
· Repeals the adoption of the Oregon vehicle code in AMC 11.04.010 which has not been
updated since 1985. [Page 4, Section 7]
· Adopts current criminal laws and procedures, including violations procedures, as well as
vehicle code, and permits extra-territorial application on lands owned by the City. [Page 2,
Section C, paragraphs 1.-5]
· Specifies misdemeanor offenses are only those specified as such in the Code; establishes
offenses as Class B Misdemeanors, subject to City Charter penalty limitation of 60 days jail
and a $500 fine. [Pages I, Section LA]
. Does not limit prosecution of state criminal law misdemeanors or violations in Municipal
Court. [Pagel, Section 1.B] [Page 2, Section 2.A]
· Makes maximum violation fines subject to City Charter limitation of$500.00 fine. [Page 2,
Section 2.A]
· Sets Special Corporate Fine at double the fine for individuals. [Page 3, Section 2, B]
· Makes Special corporate fines subject to City Charter limitation to $500.00 fine for violations.
[Page 3, Section 2.A]
· Updates Violation Trial provisions, including authorizing code compliance staff to appear.
[Page 4, Section 4.A - F]
Page 4 of 5
~~,
CITY OF
ASHLAND
. Expressly authorizes Recorder to correct terminology and create table of offenses (e.g. change
infraction to violation). [Page 4, Section 6]
Related City Policies:
Ashland City Charter Article X, Ordinance Adoption Procedures
Council Options:
(1) Move to approve First Reading of the ordinance and set second reading for August 3, 2010.
(2) Postpone First Reading to a date certain.
Potential Motions:
Staff: Conduct First Reading:
Council: Move to approve First Reading of the ordinance and set Second Reading for August 3,
2010.
Attachments:
Proposed ordinance
Page 5 of5
r~'
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 1.08 OF THE ASHLAND
MUNICIPAL CODE, ESTABLISHING CLASSES OF OFFENSES, AND
REPEALING AMC 10.104.010 AND AMC 11.04.010
Annotated to show deletions and additions to the code sections being modified. Deletions are
bold" ... and additions are bold underlined.
WHEREAS, Article 2. Section I of the Ashland City Charter provides:
Powers of the Citv 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 enume~ated each of those
powers, as well as all powers not inconsistent with the foregoing; and, in addition thereto,
shall possess all powers hereinafter specifically granted. All the authority thereof shall
have perpetual succession.
WHEREAS, the above referenced grant of power has been interpreted as affording all
legislative powers home rule constitutional provisions reserved to Oregon Cities. Citv of
Beaverton v. International Ass'n of Firefighters. Local 1660. Beaverton Shop. 20 Or. App. 293,
531 P 2d 730, 734 (1975); and
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
,
SECTION I: Section 1.08.010 [GENERAL PENALTY: Penalty Imposed] is hereby amended to
read as follows:
1.08.010, CENERl'.L PEN,A.LTY Misdemeanor Penalties and Procedures. Penalty
Imposed,
A. Unless otherwise specifically provided, when the Ashland Municipal Code identifies
violation of its provisions as a misdemeanor or as subiect to this section, any person violating
any provisions or failing to comply with any of the mandatory requirements of this code is guilty
ofa Class B misdemeanor offense [maximum $2500 fine and one hundred eil!htv (180) days
in iaill: provided however, while the limitations of Article 9, Section 1 of the Ashland City
Charter are operative, any Any person convicted of a misdemeanor under this code shall be
punished by a fine of not more than five hundred dollars ($500.00), or by imprisonment not to
exceed sixty (60) days, or by both such fine and imprisonment. In addition to a fine and
incarceration, the Municipal Court may impose any additional punishment. probation or
remedial measure (e.l!. restitution) appropriate for the offense,
B. Each such person is guilty of a separate offense for each and every day during any
portion of which any violation of this code is committed, continued or permitted by any such
person, and shall be punished accordingly. The costs of prosecution. includinl! but not limited
Ordinance Amending AMC Chapter 1.08
,
Page lof6
to court costs, assessments, fees, surchan!es. restitution, and the like, shall not be included
within the $500 fine limitation. The prosecution in Ashland Municipal Court of state law
misdemeanors and violations pursuant to ORS 221. 339 is not limited bv the fine and
incarceration limitations ofthe citv charter.
c. . Adoption of State Criminal Laws and Procedures
(1) All criminal procedures, provisions and requirements applicable to violations and
misdemeanors, includinl! but not limited to Orel!on Evidence Code, (ORS Chapters 40 and
41), ORS Chapter 153 violations, defenses, burden of proof, l!eneral principles of criminal
liabilitv, parties. and l!eneral principles of iustification contained in Orel!on Revised
Statutes Chapters 131 throul!h and includinl! 167, as well as Chapters 471 throul!h 480 are
herebv adopted in full and made applicable to the municipal court.
(2) All misdemeanor and violation offenses and penalties described in ORS Chapters
161,162,163,164,165,166 and 167, as well as offenses described in the Orel!on Vehicle
Code and ORS Chapters 33, 137, 153,471,475,476, and 480, are herebv adopted bv
reference. When cited as a citv ordinance violation, violation of an ORS section adopted bv
reference is an offense al!ainst this citv and shall be punishable to the same extent as
provided in the Code. Notwithstandinl! the above, nothinl! herein prohibits or restricts the
Citv police or Citv Attornev from electinl! to pursue a charl!e and prosecute defendants
with state law offenses in the name of the State of Orel!on pursuant to ORS 221, 339.
(3) Except where the context c1earlv indicates a different meaninl!, definitions appearinl! in
the l!eneral definitional and other particular sections of chapters adopted bv subsections 11)
and (2) of this section are applicable throul!hout this chapter. Where appropriate,
references to "state" and "state statute" shall be deemed to also include "citv" and "citv
ordinances,"
(4) The citv police, citv attornev, assistant citv attornev, and municipal court, includinl! the
municipal court iudl!e, iudl!es pro tern, court supervisor and deputv court clerks, shall have
all the powers, duties, and responsibilities provided under Orel!on Revised Statutes,
applicable to investil!ation, prosecution, administration, and adiudication of criminal
offenses and violations within the citv of Ashland and on citv-owned propertv as
applicable.
(5) The statutes, codes and procedures adopted herein are expresslv made applicable
within the citv limits of the citv of Ashland as well as outside the citv limits when
concerninl! offenses occurrinl! on citv-owned or controlled propertv located outside the citv
limits of the citv of Ashland, Orel!on,
SECTION 2: Section 1.08.020 is hereby amended to read as follows:
1.08.020 CENERAL PENALTY Violation Penalties and Procedures Infractions
Ordinance Amending AMC Chapter 1.08
Page 2 of6
A, Violation offenses in the Ashland Municipal Code shall be classified as either a Class
I, Class II, Class III or Class IV violations. Except for the minimum fine provisions of ORS
153.093, violations described in the Ashland Municipal Code as Class 1,11, III & IV shall be
applied and interpreted consistentlv with Class A, B, C & D violations as set forth in ORS
Chapter 153. Parkinl! violations are excluded from Classification and Base Fine
requirements. When not otherwise specified in the Ashland Municipal Code or in other
incorporated codes, the violation offense shall be a Class II violation, inclusive of violations
in codes incorporated bv reference. The penalty for committinl! a violation offense shall be
as specified for the classification of the offense in the Schedule of Violation Penalties,
Section 1.08.030. [Table 11, or as otherwise specificallv desil!nated in the Ashland
Municipal Code, Provided however, while the $500 dollar limitation of Article 9, Section 1
of the Ashland Citv Charter is operative, the fine portion of anv monetary oblil!ation
imposed bv the Municipal Court for a City Ordinance offense, shall not exceed $500. In
addition, each and everv dav durinl! anv portion of which anv violation offense is
committed, continued or permitted bv anv such person or entity shall constitute a separate
violation subiect to a separate fine and such person shall be punished accordinl!lv, The
costs of prosecution, includinl! but not limited to court costs, assessments, fees, charl!es,
surcharl!es, restitution, and the like, shall not be included within the $500 limitation. The
prosecution in Ashland Municipal Court of state law misdemeanors and violations
pursuant to ORS 221. 339 is not limited bv the fine and incarceration limitations of the
Ashland City Charter.
B. Subiect to Charter limitations, and notwithstandinl! anv other provision of the
Ashland Municipal Code, the Council herebv establishes a special corporate fine of twice
the amount of fine specified for an individual per class of offense in AMC 108,030 Table 1.
"Corporate" fines are imposed when the entity responsible for the offense is a corporation,
partnership, Limited Liability Companv or other entity, not a real person. In addition to a
fine. the Municipal Court mav impose additional punishment or remedial measure (e.l!.
restitution) appropriate for the violation offense.
A person wllo commits on infraction hy yiolating designated pro'.isions of tile :\sllland
Municipal Code sllall not suffer any disahility or legal disad\'antage hosed upon eonviction
ef crime. Tile penalty far eommitting on infraetion sholl he 0 fine not to exeeed $Slllli
however, eaeh and every day during any portion of whieh any infraetion is committed,
eontinued or permitted hy any such person, is 0 separate violation sulJ.ject to 0 separate fine
of $SIlIl.IlIl, and sueh person sholl he punislled accordingly. Tile trial of any infraetien sllall
he h)' tile Court ",:itllout 0 jury. The City of Asllland sholl hove tile hurden of proving tile
infraction hy 0 preponderance of the evidenee and tile Defendant may not he required to he
o witness in tile trial of sucll infraction. At any trial involving on infraction, the Cit),
Attorney sllall not appear unless the Defendant is represented hy on attorney, further, at
any sucll trial, dcfense counsel sllall not he pro'.ided at puhlie expense.
SECTION 3: Section 1.08.030 is hereby added to read as follows:
1.08.030 Base Fines, Schedule of Violation Penalties
Ordinance Amending AM C Chapter 1. 08
Page 3 0[6
A, Base Fine. Pursuant to ORS 153.142. base fine calculations shall be consistent
with state law for all city ordinance violations and other violations subject to the
iurisdiction of the municipal court. except that City assessment. if anv. shall be added to
the foundation amount in the same manner as state and county assessments are added to
the foundation amount and incorporated into the base fine, State. county and local
assessments and surcharees. if any. are added to fines. not deducted from them. A
reductjon of a misdemeanor to a violation retains the appropriate state. county as well as
any city misdemeanor assessments.
B, Schedule of Violation Penalties. City ordinances offenses and other City violations
within the jurisdiction of the Municipal Court shall have the classifications and base fines.
noted on Table 1 below:
Table 1 Schedule of Violation Penalties**
Class 1 $720.00* $427.00 $472.00
Class II $360,00 $242,00 $287.00
Unclassified $360,00 $242,00 $287.00
Class III $180.00 $145.00 $190.00
Class IV $090.00 $097.00 $142.00
* Subject to Charter limitation on fine noted in AMC 1.08.020 the maximum fine must be
lowered to $500.00 fine. plus applicable state. county and city assessments and surcharees.
ifanyl
** These provisions do not apply eenerally to Parkine Offenses unless specified in the
AMC.
SECTION 4: Section 1.08.040 is hereby added to read as follows:
1.08.040 Violation Trial
A. The trial of any violation offense shall be bv the Court without a iurv.
B. The City of Ashland shall have the burden of provine the violation offense by a
preponderance of the evidence and the Defendant may not be required to be a witness in
the trial of such violation offense.
C. At any trial involvine a violation offense. the City Attorney shall not appear unless
the Defendant is represented by an attorney. or unless the City Attorney is eranted leave of
the Court to appear. Further. at any such violation trial. defense counsel shall not be
provided at public expense.
(
Ordinance Amending AMC Chapter 1.08
Page 4 of6
D. Consistent with ORS 153.083, in any trial of a violation offense, whether created bv
ordinance or statute, in which the City Attornev is prohibited from appearinl!, the City
police officer or code compliance officer who issued the citation for the offense is
specificallv authorized bv law to present evidence, examine and cross-examine witnesses
and make arl!uments relatinl! to:
(1) The application of statutes and rules to the facts in the case;
(2) The literal meaninl! of the statutes or rules at issue in the case;
(3) The admissibility of evidence; and .
(4) Proper procedures to be used in the trial.
E. Except as expresslv provided above, onlv a person who is currentlv licensed to
practice law in the State of Orel!on bv the Orel!on State Bar is permitted to represent
another person or entity in Ashland Municipal Court.
F. A person who commits a violation offense bv violatinl! desil!nated provisions of the
Ashland Municipal Code shall not suffer any disability or lel!al disadvantal!e based upon
conviction of crime.
SECTION 5: Section 1.08.050 is hereby added to read as follows:
1.08.050 Remedies - Non-Exclusive
The ril!hts, remedies, and penalties provided in this Chapter are cumulative, are not
mutuallv exclusive, and are in addition to any other ril!hts, remedies and penalties
available to the City under any other provision of law, includinl! specificallv criminal
prosecution.
SECTION 6. Substitution of Terms, The City Recorder is expressly authorized to substitute
the term "violation" or "violation offense" arid plurals thereof, as appropriate, for the term
"infraction" and plurals thereof, throughout the entire Ashland Municipal Code, to correctly
reflect terminology used to describe non-criminal offenses.
SECTION 7. Tables of Offenses. The City Recorder is expressly authorized to create tables
for each chapter of the Ashland Municipal Code listing the offenses contained in each Chapter
by name, citation and classification. The tables may be codified in a location determined by the
City Recorder.
SECTION 8. Repeal. Subject to Section 10 below, Ashland Municipal Code Section
10.104.010 [Adoption of State Criminal Law and Procedures] and Ashland Municipal Code
Section 11.04.010 [Adoption of Vehicle Code] are hereby repealed.
SECTION 9. Severability. If any section, provision, clause, sentence, or paragraph of this
Ordinance or the application thereof to any person or circumstances shall be held invalid, such
invalidity shall not affect the other sections, provisions, clauses or paragraphs of this Ordinance
which can be given effect without the invalid provision or application, and to this end the
provisions of this Ordinance are declared to be severable.
Ordinance Amending AMC Chapter 1.08
Page 5 nf6
SECTION 10. Savings. Notwithstanding this amendment, the City ordinances in existence at
the time any criminal or civil enforcement actions or other actions as required by state law, were
commenced shall remain valid and in full force and effect for purposes of all cases filed or
commenced during the times said ordinance(s) or portions thereof were operative. This section
simply clarifies the existing situation that nothing in this Ordinance affects the validity of
prosecutions or applications commenced and continued under the laws in effect at the time the
matters were originally filed.
SECTION II. Codification. Provisions of this Ordinance shall be incorporated in the Ashland
Municipal Code and the word "ordinance" may be changed to "code", "article", "section",
"chapter' or another word, and the sections of this Ordinance may be renumbered, or re-Iettered,
and typographical errors and cross references may be corrected by the City Recorder, provided
however that Sections 6 thru II, unincorporated Whereas clauses and boilerplate provisions need
not be codified.
The foregoing ordinance was first read by title only in accordance with Article X,
Section 2(C) of the City Charter on the day of ,2010,
and duly PASSED and ADOPTED this day of , 20 I O.
Barbara Christensen, City Recorder
SIGNED and APPROVED this
day of
,2010.
John Stromberg, Mayor
Reviewed as to form:
Richard Appicello, City Attorney
Ordinance Amending AMC Chapter 1.08
Page 60f6
CITY OF
ASHLAND
Council Communication
Ordinance Amending AMC Chapter 4 Relating to Classification of Offenses
Meeting Date: July 20,2010 Primary Staff Contact: Richard Appicello
Department: Legal E-Mail: appicelr@ashland.or.us
Secondary Dept.: City Recorder f/S Secondary Contact: Megan Thornton
Approval: Martha Bennett ;V Estimated Time: 10 minutes
Question:
Should the Council approve First Reading of an ordinance amending Chapter 4 to add provisions
concerning the classification of offenses, and move the ordinance on to Second Reading?
Staff Recommendation:
Staff recommends Council approve the First Reading of this ordinance and set Second Reading for
August 3, 2010.
Background:
The Classes and maximum penalties are follows: (I) Class I: $720; (2) Class II: $360; (3) Class III:
$180; (4) Class IV: $90. The Chapter contains the following recommended classifications:
Chapter 4: Revenue and Finance
AMC Title Class
4.20.120 System Development Charge I
connection to water, sewer storm
without oavrnent ofSDC
4.24.130 A-E,G Failure to comply with Transient I
Occuoancy Tax Regulations
4.24.130 F. Filing False or Fraudulent TOT Crime
return or claim CMisd.
4.26.060 Transportation Utility Fee- Violation I
4.27.080 Storm Drainage Utility -Violation I
4.28.050 Utility User Tax - Violation I
4.30.040 Privilege Tax - Violation I
4.32.220.A. Alarm Systems - orohibited system I
4.32.220.B. Alarm Svstems - violation III
4.34.120 A-D, Failure to comply with Food and I
F. Beverage Tax Regulations
4.34.120 E Filing False or Fraudulent F&B Crime
return or claim CMisd
In addition to classification, Chapter 4 is modified to address the following:
· Modification of "Confidentiality "provision to match voter -approved confidentiality language
for food and beverage public records. [4.24.140]
Page I of2
rtl'
CITY OF
ASHLAND
. Removal of inconsistent 'exemption' for class five alarms. [4.32.020]
. Change to Finance Director for submittal of alarm permits [4.32.100]
Related City Policies:
Ashland City Charter Article X, Ordinance Adoption Procedures
Council Options:
(I) Move to approve First Reading of the ordinance and set second reading for August 3, 2010.
(2) Postpone First Reading to a date certain.
Potential Motions:
Staff: Conduct First Reading:
Council: Move to approve First Reading of the ordinance and set second reading for August 3,
2010.
Attachments:
Proposed ordinance
Page2of2
rtl'
ORDINANCE NO.
ORDINANCE RELATING TO CLASSIFICATION OF OFFENSES,
AMENDING AMC CHAPTER 4, REVENUE AND FINANCE, AND
REMOVING UNNECESSARY REGULATIONS
Annotated to show deletions and additions to the code sections being modified. Deletions are
bold" ~ and additions are bold underlined.
WHEREAS, Article 2. Section I of the Ashland City Charter provides:
Powers of the Citv The City shall have all powers which the constitutions, statutes, and
common law of the United States and of this State expressly or impliedly grant or allow
municipalities, as fully as though this Charter specifically enumerated each of those
powers, as well as all powers not inconsistent with the foregoing; and, in addition thereto,
shall possess all powers hereinafter specifically granted. All the authority thereof shall
have perpetual succession; .
WHEREAS, the above referenced grant of power has been interpreted as affording all
legislative powers home rule constitutional provisions reserved to Oregon Cities. Citvof
Beaverton v.lnternational Ass'n of Firefighters. Local 1660. Beaverton Shop. 20 Or. App. 293,
531 P 2d 730, 734 (I 975);
WHEREAS, AMC Chapter 1.08 is being amended to establish classes of offenses for City
ordinance violations consistent with Oregon Statutes;
WHEREAS, AMC Chapter 1.08 designates all violation level offenses as Class II, unless
otherwise specified; this Chapter is being amended to specify classifications where appropriate.
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. Section 4.20.120 [System Development Charges - Enforcement] is hereby
amended to read as follows:
4,20.120 Enforcement - Violation.
Any service connected to the City water, sewer or storm sewer system after the effective
date of this chapter for which the fee due hereunder has not been paid as required or an
adequate secured arrangement for its payment has been made, is subject to termination of
service under the City's utility disconnect policy. In addition to any other remedy or
penalty provided herein, any connection to the City water, sewer or storm system
made without payment as specified in this Chapter shall be considered a Class I
violation.
SECTION 2, Sections 4.24.130 [Transient Occupancy Tax - Violations-Infractions] through
4.24.140 [Confidentiality] are hereby amended to read as follows:
4.24.130 Violations InfraetioBs
Ordinance Amending Chapter 4
Page 1 of6
f.ny operator or other person who fails or refuses to register as relJuirell herein, or
to furnish any return relJuirell to be malle, or fails or refuses to furnish a
supplemental return or other lIata relJuirellby the Tax Allministrator, or who
renllers a false or f-Faullulent return or elaim, or who fails, refuses or neglects to
remit the tax to the Cit)' by the lIue lIate, is guilty of an infraction anll shalllle
punishell 8S set forth in Seetion 1.08.020.
All violations of this chapter are punishable as set forth in AMC 1.08.020. It is a
violation of this chapter for anv operator or other person to: .
A. fail or refuse to complv as required herein:
B. fail or refuse to rel!ister as required herein;
C. fail or refuse to furnish anv return required to be made;
D. fail or refuse to permit inspection of records;
E. fail or refuse to furnish a supplemental return or other data
required bv the Tax Administrator;
F. render a false or fraudulent return or claim:
G. fail. refuse or ne!!lect to remit the tax to the citv bv the due date.
Violation of subsections A-E and G above shall be considered a Class I violation.
FiJin!! a false or fraudulent return shall be considered a Class C misdemeanor.
subiect to AMC 1.08. The remedies provided bv this section are not exclusive and
shall not prevent the City from exercisin!! anv other remedv available under the law.
nor shall the provisions of this ordinance prohibit or restrict the City or other
appropriate prosecutor from pursuin!! criminal char!!es under state law or city
ordinance.
4.24.140. Confidentiality
Except as othelWise required by law, it shall be unlawful for the City, any officer,
employee or agent to divulge, release or make known in any manner any financial
information submitted or disclosed to the City under the terms of this Ordinance. Nothing
in this section shall prohibit:
A, f!j The disclosure of the names and addresses of any person who are
operating a hotel or recreational vehicle/ campin!! park; or
B. ~ The disclosure of general statistics in a form which would prevent the
identification of financial information regarding an individual operator; or
Ordinance Amending Chapter 4
Page 2 of6
c. t.Jj Presentation of evidence to the court, or other tribunal having jurisdiction
in the prosecution of any criminal or civil claim by the .'.dministrator or
an appeal from the ".dministrator for amount due the City under this
chapter.; or
D. The disclosure of iuformation when such disclosure of conditionallv
exempt information is ordered under public records law procedures;
or
E. The disclosure of records related to a business's failure to report and
remit the tax when the report or tax is in arrears for over six months
or the tax arrearaee exceeds $5,000.00. The City Council expresslv
finds and determines that the public interest in disclosure of such
records c1earlv outweiehs the interest in confidentiality under ORS
192.501(5).
SECTION 3. Section 4.26.060 [Transportation Utility Fee - Enforcement] is hereby amended to
read as follows:
4.26.060 Enforcement
Any charge due hereunder which is not paid when due may be recovered in an action at
law by the City. In addition to any other remedies or penalties provided by this or any
other ordinance of the City, failure of any user of City utilities within the City to pay said
charges promptly when due shall subject such user to discontinuance of any utility
services provided by the City and the City Administrator is hereby empowered and
directed to enforce this provision against such delinquent users. The employees of the
City shall, at all reasonable times, have access to any premises served by the City for
inspection, repair, or the enforcement of the provisions of this chapter. In addition to
any other remedy or penalty provided herein, failure to remit the fee provided
herein when due shall be considered a Class I violation and each day the remittance
is late shall constitute a separate offense.
SECTION 4. Section 4.27.080 [Storm Drainage Utility - Enforcement] is hereby amended to
read as follows:
4.27.080 Enforcement
Any fee due which is not paid when due may be recovered in an action at law by the City.
In addition to any other remedies or penalties provided by this or any other City
ordinance, failure of any person responsible to pay fees promptly when due shall subject
the person responsible to discontinuance of any utility services provided by the City and
the City Administrator is empowered and directed to enforce this provision against such
delinquent users. The employees of the City shall, at all reasonable times, have access to
any improved property served by the City for inspection, repair, or the enforcement of the
provisions of this chapter. In addition to any other remedy or penalty provided
herein, failure to remit the fee provided herein when due shall be considered a Class
I violation and each day the remittauce is late shall constitute a separate offense.
Ordinance Amending Chapter 4
Page 3 of6
SECTION 5. Section 4.28.050 [Utility User Tax - Actions to Collect] is hereby amended to
read as follows:
4.28.050 Actions to Collect - Enforcement.
Any tax required to be paid by a service user under the provisions of this Chapter shall be
deemed a debt owed by the service user to the City. The Director of Finance may take
such actions to secure payment as provided in Section 14.12.050 ofthe Ashland
Municipal Code. In addition to any other remedy or penalty provided herein. failure
to remit the tax provided herein when due shall be considered a Class I violation
and each day the remittance is late shall constitute a separate offense.
SECTION 6 Section 4.30.040 [Privilege Tax - Payment and Collection of Tax] is hereby
amended to read as follows:
4.30 Privilege Tax
4.30.040 Payment and Collection of Tax
The tax imposed by this chaptershall be collected from the service user at the time that
payment is made for charges for electric energy or service. In addition to any other
remedy or penalty provided herein. failure to remit the tax provided herein when
due shall be considered a Class I yiolation and each day the remittance is late shall
constitute a separate offense.
SECTION 7. Section 4.32.020 F [Alarm Systems - Classification] is hereby amended to read as
follows:
4.32.020 Classification of Alarm Systems
F. Exempt alarm systems are:
I. Those which iBcofflorate OBly aB OB f1remise annuBeiatof, a visual annuneiator,
or any combination thereof;
I. Alarm systems owned, maintained and monitored by any government law enforcement
agency to protect their premises; and
2. Alarm systems protecting property of the City of Ashland.
SECTION 8. Section 4.32.100 [Alarm Systems - Permit Application] is hereby amended to
read as follows:
4.32.100 Permit Application
Each application for an alarm system permit shall be made on a form prescribed by the
Finance Director Police Chief, and shall contain the following information:
A. The name. address and telephone number of the principal of the protected premises.
B. The type of premises (home, office, variety store, etc.), and any business name by
Ordinance Amending Chapter 4
Page 4 of6
which the premises is known.
C. The address of the protected premises, including, ifit is in a residential, commercial or
industrial complex (office building, apartment house, shopping center, etc.), and any
name by which the complex is commonly known.
D. The names, addresses and telephone numbers, including home phone number, of all
agents.
E. The number and type of annunciators and automatic dialers which the alarm system
incorporates, the location of all remote annunciators, and the names and phone numbers
of all persons or businesses which are or may be preselected for automatic dialer contact.
F. The application shall be accompanied by the fee prescribed under Section 4.32.120.
SECTION 9. Section 4.32.220 [Alarm Systems - Enforcement and Penalties] is hereby
amended to read as follows:
4.32.220 Enforcement and Penalties
A. Use of a prohibited alarm svstem (AMC 4.32.030, 4.32.040 and 4.32.210) is a
Class I violation.
B. Any person failing Failure to comply with the provisions of this Chapter, not
addressed in A above, includinl! use of an alarm svstem without a permit, shall
be considered a Class III violation subject to the penalties provided in Chapter
1.08.010 of this code.
SECTION 10. Section 4.34.120 [Food and Beverage Tax - Violations-Infractions] is hereby
amended to read as follows:
4.34.120 Violations - InfraetioDs
All violations of this chapter are punishable as set forth in AMC 1.08.020. It is a violation
of this chapter for any operator or other person to:
A. fail or refuses to comply as required herein;
B. fail or refuse to furnish any return required to be made;
C. fail or refuse to permit inspection of records;
D. fail or refuse to. furnish a supplemental return or other data required by
the director;
E. render a false or fraudulent return or claim;
F. fail, refuse or neglect to remit the tax to the city by the due date.
Ordinance Amending Chapter 4
Page 5 of6
Violation of subsections A-D and F above shall be considered a Class I violation.
Filine: a false or fraudulent return shall be considered a Class C misdemeanor,
subiect to AMC 1.08. The remedies provided by this section are not exclusive and shall
not prevent the City from exercising any other remedy available under the law, nor shall
the provisions of this ordinance prohibit or restrict the City or other appropriate
prosecutor from pursuing criminal charges under state law or city ordinance.
SECTION 11. Severability. If any section, provision, clause, sentence, or paragraph of
this Ordinance or the application thereof to any person or circumstances shall be held invalid,
such invalidity shall not affect the other sections, provisions, clauses or paragraphs of this
Ordinance which can be given effect without the invalid provision or application, and to this end
the provisions of this Ordinance are declared to be severable.
SECTION 12 Savings. Notwithstanding this 'amendment, the City ordinances in
existence at the time any criminal or civil enforcement actions or other actions as required by
state law, were commenced shall remain valid and in full force and effect for purposes of all
cases filed or commenced during the times said ordinance(s) or portions thereof were operative.
This section simply clarifies the existing situation that nothing in this Ordinance affects the
validity of prosecutions or applications commenced and continued under the laws in effect at the
time the matters were originally filed.
SECTION 13 Codification. Provisions of this Ordinance shall be incorporated in the
Ashland Municipal Code and the word "ordinance" may be changed to "code", "article",
"section", "chapter' or another word, and the sections of this Ordinance may be renumbered, or
re-Iettered, and typographical errors and cross references may be corrected by the City Recorder,
provided however that Sections II thru 13, unincorporated Whereas clauses and boilerplate
provisions need not be codified.
The foregoing ordinance was first read by title only in accordance with Article X,
Section 2(C) of the City Charter on the day of ,2010,
and duly PASSED and ADOPTED this day of ,2010.
Barbara Christensen, City Recorder
SIGNED and APPROVED this
day of
,2010.
John Stromberg, Mayor
Reviewed as to form:
Richard Appicello, City Attorney
Ordinance Amending Chapter 4
Page 6 0[6
CITY OF
ASHLAND
Council Communication
Meeting Date:
Department:
Secondary Dept.:
Approval:
Ordinance Amending AMC Chapter 6 Class of Offenses
July 20,2010 Primary Staff Contact: Richard Appicello
Legal E-Mail: appicelr@ashland.or.us
City Recorder Secondary Contact: Megan Thornton
Martha Bennett #, Estimated Time: 10 minutes
fll'v
Question: .
Should the Council approve First Reading of an ordinance amending Chapter 6 to add provisions
concerning the classification of offenses, and move the ordinance on to Second Reading?
Staff Recommendation:
Staff recommends Council approve the First Reading of this ordinance and set Second Reading for
August 3, 2010.
Background:
The Classes and maximum penalties are follows: (I) Class I: $720; (2) Class II: $360; (3) Class III:
$180; (4) Class IV: $90. The Chapter contains the following recommended classifications:
Chapter 6: Business Licenses and Regulations
AMC Title Class
6.04.150.A. lBusiness License Tax - Operating iT
~
~ithout license - Penalties
6.04.150.B. iBusiness License Tax - other III
!violation
6.16.100 A. jpawnbrokers and Secondhand I
Ioealers - Penalties
6.16.100B lPawnbrokers and Secondhand
Ioealers - Penalties - Pledges from
/minors prohibited
6.24.060 Solicitation - Penalties Crime
CMisd
6.28.170 fraxicab Certification - Violation - I
!Penalty
6.30.140. Tour Bus and Special Vehicles- II
Iviolation-= Penalty
6.36.130.A 1M0tion Picture - Radio Television
iProduction - Permit Required
Iviolation
6.36. 130.B Motion Picture - Radio Television III
Production - Violation
Page I of2
_.111
...'1
CITY OF
ASHLAND
6.40.180 ~mergency Medical Services -
Penalties
6.42.100 Tobacco Control - Penalties
In addition to classification, Chapter 6 is modified to address the following:
. Clarification of denial of business license for fraud and appeal pursuant to Administrative
Appeal Ordinance [6.04.115].
. Modification of "Confidentiality "provision to match voter -approved confidentiality language
for food and beverage public records. [6.04.170]
. Clarification that appeals of tax amounts, interest, and penalties go through administrative
appeals process and not to City Council. [6.04.190]
. Clarification of appeal via AMC 2.30 for license suspension under Tobacco Control
Related City Policies:
Ashland City Charter Article X, Ordinance Adoption Procedures
Council Options:
(I) Move to approve First Reading ofthe ordinance and set second reading for August 3, 2010.
(2) Postpone First Reading to a date certain.
Potential Motions: .
Staff: Conduct First Reading:
Council: Move to approve First Reading of the ordinance and set second reading for August 3,
2010.
Attachments:
. Proposed ordinance
Page2of2
~.l'
ORDINANCE NO.
ORDINANCE RELATING TO CLASSIFICATION OF OFFENSES,
AMENDING AMC CHAPTER 6, BUSINESS LICENSES AND
REGULATIONS, AND REMOVING UNNECESSARY REGULATIONS
Annotated to show deletioHs and additions to the code sections being modified. Deletions are
bold .,. .. and additions are bold underlined.
WHEREAS, Article 2. Section I of the Ashland City Charter provides:
Powers of the Citv The City shall have all powers which the constitutions, statutes, and common
law ofthe United States and of this State expressly or impliedly grant or allow municipalities, as
fully as though this Charter specifically enumerated each of those powers, as well as all powers
not inconsistent with the foregoing; and, in addition thereto, shall possess all powers hereinafter
specifically granted. All the authority thereof shall have perpetual succession;
WHEREAS, the above referenced grant of power has been interpreted as affording all
legislative powers home rule constitutional provisions reserved to Oregon Cities. Citv of
Beaverton v. International Ass'n of Firefighters. Local 1660. Beaverton Shop. 20 Or. App. 293,
531 P 2d 730, 734 (1975);
WHEREAS, AMC Chapter 1.08 is being amended to establish classes of offenses for City
ordinance violations consistent with Oregon Statutes;
WHEREAS, AMC Chapter 1.08 designates all violation level offenses as Class II, unless
otherwise specified; this Chapter is being amended to specify classifications where appropriate.
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1: Section 6.04.115 [Business License Tax - Consumer Protection - Revocation] is
hereby amended to read as follow:
6.04.115 Consumer Protection-Revocation
Ariy individual or firm against whom ajudgment is entered for fraud in a eommereial
setting fer profit related to the business for which the license is issued, or which
occurred within five (5) years preceding the date of application, shall be subject to denial
or revocation of a license to conduct business within the City of Ashland upon petition
feF Fe",oeation thereof being duly filed in the Munieipal COOFt and good and
sufficient eause appeaFing theFefore. Denial and or Revocation are subiect to tbe
appeal process of AMC 2.30.
Ordinance Amending Chapter 6
Page 1 of5
SECTION 2: Section 6.04.150 [Business License Tax - Penalties] is hereby amended to read as
follow:
6,04.150 Penalties
f.ny person violating any provisions of this Chapter is upon convietion thereof,
punishallle as pro',ided in Section 1.08.020 relating to infractions. Each day any
person shall eontinue violating the provisions of this Chapter shall constitute a
separate offense.
A. Violation of AMC 6.04.030 rOperatinl! business without license! in accordance
with this Chapter shall be considered a Class I violation, subiect to the limitations of
AMC 1.08.
B. Anv violation of the requirements of this chapter, not addressed in A above; shall
be a Class III violation as defined bv AMC 1.08 and punishable as set forth in that
section.
SECTION 3 Section 6.04.170 [Business License Tax - Confidentiality] is hereby amended to
read as follow:
6.04.170 Confidentiality
A.-Except as otherwise required by law, it shall be u!1lawful for the City, any officer,
employee or agent to divulge, release, or make known in any manner, any financial or
employee information submitted or disclosed to the City under the terms of this
Ordinance. Nothing in this Section shall prohibit:
A. . 1-. The disclosure of the names and addresses of any persons to whom
business licenses have been issued; or .
B. 1. The disclosure of general statistics in a form which would prevent the
identification of financial or employee information regarding an individual
business licensee or applicant; or
C. J. Presentation of evidence to the court, or other tribunal having
jurisdiction in the prosecution of a claim by the Finance Department: or
D. The disclosure of information when such disclosure of conditionallv
exemDt information is ordered under Dublic records law Drocedures: or
E. The disclosure of records related to a business's failure to report and
remit the business license tax when the report or tax is in arrears for over six
months. The City Council eXDresslv finds and determines that the public
interest in disclosure of such records c1earlv outweil!hs the interest in
confidentiality under ORS 192.501(5).
SECTION 4: Section 6.04.190 [Business License Tax - Appeals] is hereby amended to read as
follow:
6.04.190 Appeals
Any person aggrieved by any determination of the Director of Finance with respect to the
amount of such tax, interest, and penalties, if any, may appeal pursuant to AMC 2.30.
to the City Councillly filing within fifteen (1 $) days of the serving or mailing of the
determination of tax due. The Council shall fix a time and place for hearing such
Ordinance Amending Chapter 6
Page 2 0[5
appeal, and tile Administrator sllall give five ($) days notiee in writing tllereof, to
snell person at tile last Imown address. The Findings of the Hearinl!s Officer Couneil
shall be final and conclusive, and shall be served upon the appellant, in the manner
prescribed above for the service of notice of hearing. Any amount found to'be due shall
be immediately due and payable upon the service of notice.
SECTION 5: Section 6.16.095 [Pawnbrokers and Secondhand Dealers - Pledges from minors
prohibited] is hereby added / relocated to read as follows:
6.16.095 Pledl!es from minors prohibited
Under no circumstances shall any pawnbroker, dealer in iunk, or secondhand
dealer in the City purchase, or receive on deposit., or take as a pledl!e, any l!oods,
wares, or merchandise, when the same are offered for sale, deposit, or pledl!e, by
any minor.
SECTION 6: Section 6.16.100 [Pawnbrokers and Secondhand Dealers - Penalties] is hereby
amended to read as follows:
6.16.100 Penalties
A. Any violation of the provisions of this Chapter shall be a Class II violation, Any
person violating any of tile provisions of tllis Chpter is punishable as prescribed in
Section 1.08.020.
B. Notwithstandinl! the above, violation oCthe prohibition on takinl! pledl!es from
minors in AMC 6.16.095 shall be a Class I violation. Under no eireumstnnees shall
any pawnhroker, dealer in junk, or seeondllanddealer in tile City purellase, or
reeeive on deposit, or take as a pledge, an)' goods, wares, or merellandise, wilen tile
same are offered for sale, deposit, or pledge, hy any minor.
SECTION 7: Section 6.28.170 [Taxicab Certification - Violation-Penalty] is hereby amended to
read as follow:
6.28.170 Violation - Penalty
Anv violation of the provisions of this Chapter shall be a Class II violation,
punishable as prescribed in Section 1.08.020. Any Person that violates any
provision of tllis Cllapter tllrougll its operation of a taxieah serviee from points
originating witllin tile City of ,'.shland shall he deemed guilty of a separate violation
&R-eEach and every day or portion thereof during which the violation is committed,
continued or permitted, and upon conviction of any such violation, the Person shall he
punislled as preserihed in AJ\'1C 1.08.020.
SECTION 8: Section 6.30.140 [Tour Bus and Special Vehicles - Violation] is hereby amended
to read as follow:
6.30.140 Violation - Penalty
Each operation of a tour bus or special vehicle in violation of this section is a separate
violation, whether the prohibited operations occur within the same day, different days, or
relate to the same or different tour bus or special vehicle. A violation of any provision of
this chapter is a Class II violation and shall be punished as set forth in AMC 1.08.020.
Ordinance Amending Chapter 6
Page 3 of 5
SECTION 9: Section 6.36.130 [Motion Picture - Radio Television Productions - Violation] is
hereby amended to read as follow:
6.36.130 Violation
Violation of the provisions of this Chapter is determined to be an infraetion and
may be punishable a~ speeified in Seetion 1.08.020 ofthi~ Code.
A. Violation of AMC 6.36.020 (Permit Required! shall be considered a Class I
violation, subiect to the limitations of AMC 1.08.
B. Anv violation of the requirements of this chapter, not addressed in A above,
incIudinl! violation of permit conditions, shall be a Class III violation as defined bv
AMC 1.08 and punishable as set forth in that section.
SECTION 10: Section 6.40.180 [Emergency Medical Services - Penalties] is hereby amended
to read as follow:
6.40.180 Penalties
A. In addition to any other procedures and remedies provided by law, any person
violating any section within this chapter shall be guilty of a Class I violation infraetion
as set forth in section 1.08.020 except that the penally shall be a fine not to exeeed
$1,000.
B. Each and every day during any portion of which a violation of any section of this
chapter is committed, continued or permitted by any such person, is a separate violation
subject to a separate fine of $1,000 and such person shall be punished accordingly.
SECTION 11: Section 6.42.100 [Tobacco Control - Penalties] is hereby amended to read as
follow:
6.42.100 Penalties
A. Any person who violates any provision of this chapter, ather than seetion
li.12.030, shall be subject to a fine as a Class I violation, and may 6F have it the license'
issued under this Chapter suspended as follows:
1. In the ease of a fir~t viohition within two years, the Iieen~ee shall be fined
$200.00 and shall be notified in writing of penalties to be levied far further
,'iolations.
2. In the case of a second violation within a two year period, the licensee shall be
fined not less than $350.00 and the license suspended for 45 days.
3. 1. In the case of three or more violations within a two year period, the
licensee shall be fined $500.00 and the license revoked. Any person whose license has
been revoked shall be ineligible to apply for a new license, at any location, for six months
after the effective date of the revocation.
. B. Any person who violates section 6.42.030 shall be subject to a fine of $500.00 for
Ordinance Amending Chapter 6
Page 4 of5
each day a violation occurs.
C. License suspensions are subiect to appeal pursuant to AMC 2.30. Failure to
pay a fine levied under this ehapter within 30 days of the date set by the court shall
result in the suspension of the license until such fines are paid.
SECTION 12. Severability. The sections, subsections, paragraphs and clauses of this ordinance
are severable. The invalidity of one section, subsection, paragraph, or clause shall not affect the
validity of the remaining sections, subsections, paragraphs and clauses.
SECTION 13. Codification. Provisions of this Ordinance shall be incorporated in the City
Code and the word "ordinance" may be changed to "code", "article", "section", "chapter" or
another word, and the sections of this Ordinance may be renumbered, or re-lettered, provided
however that any Whereas clauses and boilerplate provisions (i.e. Sections 12 and 13) need not
be codified and the City Recorder is authorized to correct any cross-references and any
typographical errors.
The foregoing ordinance was first read by title only in accordance with Article X,
Section 2(B) of the City Charter on the day of ,2010,
and duly PASSED and ADOPTED this day of ,2010.
Barbara Christensen, City Recorder
SIGNED and APPROVED this
day of
,2010.
John Stromberg, Mayor
Reviewed as to form:
Richard Appicello, City Attorney
Ordinance Amending Chapter 6
Page 5 of 5
CITY OF
ASHLAND
Council Communication
Ordinimce Amending AMC Chapter 9 Relating to Classification of Offenses
Meeting Date: July 20,2010 Primary Staff Contact: Richard Appicello
Department: Legal E-Mail: appicelr@ashland.or.us
Secondary Dept.: City Recorder ..4-;h Secondary Contact: Megan Thornton
Approval: Martha Bennett ,vvA I v Estimated Time: 10 minutes
Question:
Should the Council approve First Reading of an ordinance amending Chapter 9 to add provisions
concerning the classification of offenses, and move the ordinance on to Second Reading?
Staff Recommendation:
Staff recommends Council approve the First Reading of this ordinance and set Second Reading for
August 3, 2010.
Background:
The Classes and maximum penalties are follows: (1) Class I: $720; (2) Class II: $360; (3) Class III:
$180; (4) Class IV: $90. The Chapter contains the following recommended classifications:
Cha tions
Dter 9: Health and Sanitation and Removinl! Unnecessary Rel!uIa
AMC Title Class
9.04.030 Weed Abatement I
9.08.020 Danl!erous Animals . II
9.08.030 Animal at Large IV
9.08.040 A-G Keeping of Animals III
9.08.050 Removal of Carcasses IV
9.08.060 A-J, Nuisances Affecting the Public I
Health
9.08.070 Abandoned Refrigerators I
9.08.080 A-B Attractive Nuisances II
9.08.090 A Snow and Ice-Removal IV
9.08.100 Noxious Growth III
9.08.110 Scattering Rubbish II
9.08.120 A-C Trees - Hedges III
9.08.130 Parking Strips III
9.08.140 A-B Fences II
9.08.150 A-B Surfaces Waters - Drainage II
9.08.160 A-B Radio and Television - Interference II
9.08.170 A-C Unnecessary Noise . I
9.08.175 Heat Pumps or Mechanical Devices II
9.08.180 Notices - Advertisements III
9.08.190 B General Nuisance II
9.08.270 Coal Sale III
9.12.020 Keeping Junk - Unlawful Out of II
Page I of2
IIW..
.,-~
CITY OF
ASHLAND
Doors
9.12.030 Keeping Junk - Exposed to View II
Unlawful
9.12.035 A-G Storage and Disposal of Junk on II
Calle Guanajuato
9.12.060 Nuisance-Junk Penalty for 9.12 II
generally
9.16.010 Dogs Control Reauired IV
9.16.020 Vicious Dogs-Control Required II
9.16.040 Dogs-Leash Reauired , IV
9.16.050 Unattended Dogs IV
9.16.055 Removal of Dog Waste IV
9.16.060 Dogs-City Parks or Plaza Islands IV
9.16.065 Dogs - Citv Cemeteries IV
9.20.030 A-B Polystyrene Foam Banned - Food II
Packaging (see 9.20.050)
9.24.060 Woodstove Curtailment 9.24.010- Il
9.24.060.
9.24.060 Woodstove Curtailment disclosure I
Councilor Silbiger's comments were addressed as follows:
. Animals at large modified to remove superfluous language and clarified to refer to all animals
consistent with keeping of animals section.
· Keeping of animals clarified. to refer to minimum care statute. Clarified to require minimum
care for all animals.
. Update to noise producing device list, with clarification that appeals go through uniform
appeals ordinance. [a revision to noise ordinance is scheduled for later this year]
. No change regarding prohibited sale of coal.
. Junk is defined in AMC 9.12.010
. Term "service animal" replaces dogs for blind and deaf
. Wood stove penalty changed to Class I from $500.
Related City Policies:
Ashland City Charter Article X, Ordinance Adoption Procedures
Council Options:
(I) Move to approve First Reading of the ordinance and set second reading for August 3, 2010.
(2) Postpone First Reading to a certain date.
Potential Motions:
Staff: Conduct First Reading:
Council: Move to approve First Reading of the ordinance and set second readingfor 8-3- 10.
Attachments:
Proposed ordinance
Page 2 of2
r.t. ,
ORDINANCE NO.
. ORDINANCE RELATING TO CLASSIFICATION OF OFFENSES,
AMENDING AMC CHAPTER 9, HEALTH AND SANITATION AND
REMOVIN~ UNNECESSARY REGULATIONS
Annotated to show deletions and additions to the code sections being modified. Deletions are
bold'" and additions are bold underlined.
WHEREAS, Article 2. Section I of the Ashland City Charter provides:
Powers of the City The City shall have all powers which the constitutions, statutes, and
common law of the United States and of this State expressly or impliedly grant or allow
municipalities, as fully as though this Charter specifically enumerated each of those
powers, as well as all powers not inconsistent with the foregoing; and, in addition thereto,
shall possess all powers hereinafter specifically granted. All the authority thereof shall
have perpetual succession;
WHEREAS, the above referenced grant of power has been interpreted as affording all
legislative powers home rule constitutional provisions reserved to Oregon Cities. City of
Beaverton v. International Ass'n of Firefighters. Local 1660. Beaverton Shop. 20 Or. App. 293,
531 P 2d 730, 734 (1975);
WHEREAS, AMC Chapter 1.08 is being amended to establish classes of offenses for City
ordinance violations consistent with Oregon Statutes;
WHEREAS, AMC Chapter 1.08 designates all violation level offenses as Class II, unless
otherwise specified; this Chapter is being amended to specify classifications where appropriate.
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. Sections 9.04.030 [Weed Abatement - Penalty] is hereby amended to read as
follows:
9.04.030 Violation - Penalty
Any violation of this chapter, including creating or maintaining a nuisance, shall be punishable
as a Class I Class A violation and each day the nuisance is maintained shall constitute a
separate offense.
SECTION 2. Sections 9.08.020 [Dangerous Animals] through 9.08.190 [Declaration of
Nuisance - General Nuisance] are hereby amended to read as follows:
9.08.020 Dangerous Animals
No owner or person in charge of an animal shall permit an animal which is dangerous to
the public health or safety to be exposed in public. Danl!erous animals is a Class II
violation.
Ordinance Amending AMC Chapter 9
Page 1 of15
9.08.030 Animals at Large
No owner or person in charge of any dOl!, livestock. or poultry ef the fellewing
animals shall permit the animal to run at large; animals at larl!e is a Class IV violation.
f.. Af~male deg in heat.
B. t. mole deg during the menths ef April, May, June and July.
C. Livesteek er peultry.
9.08.040 Keeping of Animals
A. Except as otherwise permitted by ordinance, no person shall keep or maintain more
than three (3) dogs over the age of three (3) months on anyone (I) parcel or tract ofland.
B. No person shall keep or maintain swine. Notwithstanding the preceding sentence or
the provisions of section 18.20.020, keeping or maintaining swine commonly referred to
as Miniature Vietnamese, Chinese, or Oriental pot-bellied pigs (sus scrofa vittatus) is
allowed, subject to the following:
I. Such pigs shall not exceed a maximum height of 18 inches at the shoulder or weigh
more than 95 pounds.
2. No more than one such pig shall be kept at anyone parcel or tract of land.
3. Such pigs shall:
a. Be confined by fence, leash or obedience training to the property of the person keeping
or maintaining them or to the property of another if such other person has given express
permISSIOn;
b. Be confined to a car or truck when off property where otherwise confined; or
c. Be on leash not longer than six feet in length.
4. Such pigs shall be kept in accordance with the standards of minimum care for
domestic animals as set forth in ORS 167.310. haole aeeess te on enelesed strueture
suffieient te preteet them f-rem wind, rain, snew er sun and whieh has adelluate
bedding te preted against eeld and dampness. Cenfinement areas must be I,ept
eleBn and f-ree frem waste er ether eentllminants.
5. Notwithstanding any of the above, no such pig shall be allowed in any park.
C. No person shall keep or maintain poultry within seventy-five (75) feet of another
dwelling. .
D. No person shall keep or maintain rabbits within one hundred (100) feet of another
Ordinance Amending AMC Chapter 9
Page 2 of 15
dwelling or within seventy-five (75) feet of a street or sidewalk.
'0
E. No person shall keep or maintain a bee hive, bees, apiary, comb, or container of any
kind or character wherein bees are hived, within one hundred fifty (150) feet of another
dwelling or within one hundred fifty (150) feet of a street or sidewalk.
F. No person shall keep or maintain a stable within one hundred (100) feet of another
dwelling.
G. Where the conditions imposed by subsections (B) to (F) of this section differ from
those imposed by another ordinarice, the provision which is more restrictive shall control.
H. The applicable minimum care requirements ofORS 167.310 shall applv to all
animals identified in this section.
I. Keepinl! of animals is a Class III violation.
9.08.050 Removal of Carcasses
No person shall permit an animal carcass under their ownership or control to remain upon
public property, or to be exposed on private property, for a period of time longer than is
reasonably necessary to remove or dispose of the carcass. Removal of carcasses is a
Class IV violation.
9.08.060 Nuisances Affecting the Public Health
No person shall cause, or permit on property under their ownership or control, a nuisance
affecting public health. The following are nuisances affecting the public health and may
be abated and/or cited as provided in this chapter the AMC:
A. Privies. An open vault or privy constructed and maintained within the City, except
those constructed or maintained in connection with construction projects in accordance
with the Oregon State Board of Health regulations;
B. Debris. Accumulations of debris, rubbish, manure, and other refuse that are not
removed within a reasonable time and that affect the health ofthe City; .
C. Stagnant Water. Stagnant water which affords a breeding place for mosquitoes and
other insect pests; .
D. Water Pollution. Pollution of a body of water, well, spring, stream, or drainage ditch
by sewage, industrial wastes, or other substances placed in or near the water in a manner
that will cause harmful material to pollute the water;
E. Food. Decayed or unwholesome food which is offered for human consumption;
F. Odor. Premises which are in such a state or condition as to cause an offensive odor or
which are in an unsanitary condition;
Ordinance Amending AMC Chapter 9
Page 3 of 15
G. Surface Drainage. Drainage ofliquid wastes from private premises;
H. Cesspools. Cesspools or septic tanks which are in an unsanitary condition or which
cause an offensive odor;
1. Slaughterhouses and Tanneries. A slaughterhouse or tannery.
J. Dust and Trackout. No person shall trackout mud, dirt, or other debris from private or
public lands onto public roads without taking reasonable precautions to prevent mud, dirt,
or debris from becoming airborne or washing off the site. These precautions shall include
prompt removal of such material from the paved road surfaces and such other precautions
including, but not necessarily limited to, the conditions listed below. The City may
require the imposition of building permit conditions for the prevention oftrackout.
Conditions imposed may include, but are not limited to the following:
The posting of a bond sufficient to assure available funds for roadway cleanup by the
City if the contractor or permittee is negligent in cleanup of adjacent public roadways.
I. Street sweeping, vacuuming or other means of removing trackout material from public
roadways.
2. Installation of wheel washers at exits of major construction sites.
,
3. Use of temporary or permanent barricades to keep traffic off unpaved areas.
4. Require graveling of access roads on site.
5. Limit the use of public roadways by vehicles.
6. Issue stop work order if trackout occurs and is not promptly corrected. A violation of a
stop work order shall be considered a violation ofthis section. A stopDwork order issued
pursuant to this section shall be posted at the work site and delivered personally or by
certified mail to an alleged violator.
7. For access to property, paving of the entry way or driveway for its entire length or a
distance of 50 feet, whichever is shorter.
Nuisances affectinl!: public health are considered Class I violations.
9.08.070 Abandoned Refrigerators
No person shall leave, in a place accessible to children, an abandoned or discarded
icebox, refrigerator, or similar container without first removing the door, unless the same
has a magnetic catch or similar catch which can easily be opened from the inside.
Abandoned refril!:erators is a Class I violation.
Ordinance Amending AMC Chapter 9
Page 4 ofl5
9.08.080 Attractive Nuisances
A. No owner or person in charge of property shall permit thereon:
I. Unguarded machinery, equipment, or other devices which are attractive, dangerous,
and accessible to children.
2. Lumber, logs, or piling placed or stored in a manner so as to be attractive, dangerous,
and accessible to children.
3. An open pit, quarry, cistern or other excavation which is substantially below the level
of the adjacent street without safeguards or barriers to prevent such places from being
used by children.
B. This section shall not apply to authorized construction projects with reasonable
safeguards to prevent injury or death to playing children.
C. Attractive nuisances are Class II violations.
9.08.090 Snow and Ice - Removal
A. No owner or person in charge of property, improved or unimproved, abutting on a
public sidewalk shall permit: .
b A.Snow to remain on the sidewalk for a period longer than the first two (2)
hours of daylight after the snow has fallen.
2. B. Ice to remain on the sidewalk for more than two (2) hours of daylight after
the ice has formed unless the ice is covered with sand, ashes, or other suitable
material to assure safe travel.
B. Snow and ice removal is a Class IV violation.
9.08.100 Noxious Growtb
No owner or person in charge of property shall permit weeds or other noxious vegetation
to grow upon such property. It shaH be the duty of an owner or person in charge of the
property to cut down or to destroy grass, shrubbery, brush, bushes, weeds, or other
noxious vegetation as often as needed to prevent them from becoming unsightly, from
becoming a fire hazard, or, in the case of weeds or other noxious vegetation, from
maturing, or from going to seed. Noxious l!rowtb is a Class III violation.
9.08.110 Scattering Rubbisb
No person shaH deposit upon public or private property any kind of rubbish, trash, debris,
refuse, or any substance that would mar the appearance, create a stench or fire hazard,
detract from the cleanliness or safety of the property, or would be likely to injure a
person, animal, or vehicle traveling upon a public way. Scatterinl! rubbisb is a Class II
violation.
Ordinance Amending AMC Chapter 9
Page 5 of 15
9.08.120 Tre~s - Hedges
A. No owner or person in charge of property that abuts upon a street or public sidewalk
shall permit trees, bushes, or hedges on such property to interfere with street or sidewalk
traffic. In addition, it shall be the duty of such owner or person to remove, from any tree
on such property, all branches that overhang the sidewalk or street to a height of not less
than eight feet above the sidewalk and not less than twelve feet above the street. For
purpose of the preceding sentence, the duty to remove branches extends to trees on any
parking strip adjoining the street or sidewalk that abuts such property.
B. No owner or person in charge of property shall allow to stand a dead or decaying tree
that is a hazard to the public or to persons or property on or near the property.
C. No owner or person in charge of property shall place or maintain thereon, along a
street or public sidewalk, a thorn-bearing hedge or a hedge in excess of four (4) feet in
height.
D. Trees-Hed!!es are a Class III Violation.
9.08.130 Parking Strips
It shall be the duty of the owner or person in charge of abutting property to grade the area
between the sidewalk and the curb to the level of the sidewalk and curb and to maintain
the area as a grass plot; provided, however, that the area may be used also for ornamental
plants and shrubbery in a manner not in conflict with this chapter or any ordinances.
Parkin!! strips is a Class III violation.
9.08.140 Fences
A. No owner or person in charge of property shall construct or maintain a barbed-wire
fence thereon, or permit barbed wire to remain as part of a fence, along a sidewalk or
public way, except such wire may be placed above the top of other fencing not less than .
six (6) feet, six (6) inches high.
B. No owner or person in charge of property shall construct, maintain, or operate an
electric fence along a sidewalk or public way or along the adjoining property line of
another person.
C. Fences is a Class II violation.
9.08.150 Surface Waters - Drainage
A. No owner or person in charge of a building or structure shall suffer or permit
rainwater, ice, or snow to fall from the building or structure on to a street or public
sidewalk or to flow across the sidewalk.
B. The owner or person in charge of property shall install and maintain in a proper state
Ordinance Amending AMC Chapter 9
Page 6 of 15
of repair adequate drainpipes or a drainage system so that any overflow water
accumulating on the roof or about the building is not carried a~ross or upon the sidewalk.
C. Surface Waters - Draina!!e is a Class II violation.
9.08.160 Radio and Television - Interference
A. No person shall operate or use an electrical, mechanical, or other device, apparatus,
instrument, or machine that causes reasonably preventable interference with radio or
television reception by a radio or television receiver of good engineering design.
B. This section does not apply to devices licensed, approved, and operated under the rules
and regulations of the Federal Communications Commission.
C. Radio and television interference is a Class II violation.
9.08.170 Unnecessary Noise
A. No person shall make, assist in making continue, or cause to be made any loud,
disturbing, or unnecessary noise which either annoys, disturbs, injures, or endangers the
comfort, repose, health, safety, or peace of others.
B. The standard for judging loud, disturbing and unnecessary noises shall be that of an
average, reasonable person ,with ordinary sensibilities after taking into consideration the
character of the neighborhood in which the noise is made and the noise is heard. Such
noises which are in violation of this section include but are not limited to the following:
I. The keeping of any bird or animal, incIudin!! specificallv anv do!!, which by causing
frequent or long-continued noise disturbs the comfort and repose of any person in the
vicinity;
2. The attaching of a bell to an animal or allowing a bell to remain on an animal;
3. The use of a vehicle or engine, either stationary or moving, so out of repair, loaded, or
operated as to create any loud or unnecessary grating, grinding, rattling, or other noise;
4. The sounding of a horn or signaling device on a vehicle on a street, public place, or
private place, except as a necessary warning of danger;
5. The blowing of a steam whistle attached to a stationary boiler, except to give notice of
the time to begin or stop work, as a warning of danger, or upon request of proper City
authorities;
6. The use of a mechanical device operated by compressed air, steam, or otherwise,
unless the noise thereby created is effectively muffled;
7. The erection, including excavation, demolition, alteration, or repair of a building in
residential districts, other than between the hours of seven (7:00) a.m. and six (6:00) p.m.
Ordinance Amending AMC Chapter 9
Page 7 of 15
weekdays, and on weekends and Holidays between the hours of eight (8:00) a.m. and six
(6:00)p.m., except in case of urgent necessity in the interest of the public welfare and
safety and then only with a permit granted by the City Administrator for a period not to
exceed ten (10) days. The permit may be renewed for periods of five (5) days while the
emergency continues to exist. If the Council determines that the public health, safety and
welfare will not be impaired by the erection, demolition, alteration, or repair of a building
between the hours of six (6:00) p.m. and seven (7:00) a.m., and if the Council further
determines that loss or inconvenience would result to any person unless the work is
permitted within these hours, the Council may grant permission for such work to be done
within specified hours between six (6:00) p.m. and seven (7:00) a.m. upon application
therefore being made at the time the permit for the work is awarded or during the
progress of the work. (Ord. 2580, I 990)The actual owner of property may do work on
property which is actually owner occupied between the hours of six (6:00) p.m. and ten
(10:00) p.m. without obtaining a permit as herein required;
8. The use of a gong or siren upon a vehicle, other than police, fire, or other emergency
vehicle;
9. The creation of excessive noise on a street adjacent to a: school, institution ofleaming,
church, or court of justice, while the same are in use, or on a street adjacent to a hospital,
nursing home, or other institution for the care of the sick or infirm, which umeasonably
interferes with the operation of such institution or disturbs or unduly annoys patients;
10. The discharge in the open air of exhaust of a steam engine, internal combustion
engine, motorboat, or motor vehicle except through a muffler or other device which will
effectively prevent loud or explosive noises and the emission of annoying smoke;
11. The use or operation of an automatic or electric piano, musical instrument, stereo
phonograph, gramophone, Vietrola, radio, or similar device, television, computer,
loudspeaker, or any instrument for sound producing or any sound-amplifying device so
loudly as to disturb persons in the vicinity thereof or in such a manner as renders the use
thereof a nuisance. However, upon application to the City Administrator, or desil!nee and
a report from the Chief of Police, the City Administrator or desil!nee may grant permits
to responsible persons or organizations for the broadcast or amplification of programs of
music, news, speeches, or general entertainment as a part of a national, state or City
event, public festivals, or special events of a noncommercial nature. If the City
Administrator or desil!nee disapproves such a permit, the matter may be appealed
pursuant to the AMC 2.30, and the decision of the Hearinl!s Officer, who shall not
be the City Administrator, to the City Couneil whose deeision shall be final. The
broadcast or amplification shall not be audible for a distance of more than one thousand
(1,000) feet from the instrument, speaker, or amplifier, and in no event, shall a permit be
granted where any obstruction to free and uninterrupted traffic, both vehicular and
pedestrian, will result.
12. The making of a noise by crying, calling, or shouting or by means of a whistle, rattle,
bell, gong, clapper, horn, hammer, drum, musical instrument, or other device for the
purpose of advertising goods, wares, or merchandise, attracting attention, or inviting
patronage of a person to a business. However, newsboys may sell newspapers and
Ordinance Amending AMC Chapter 9
Page 8 of 15
magazines by public outcry;
13. The conducting, operating, or maintaining of a garage within one hundred (100) feet
of a private residence, apartment, rooming house, or hotel in such manner as to cause
loud or disturbing noises to be emitted there from between the hours of eleven (II :00)
p.m. and seven (7:00) a.m.)
C. Any source of noise which exceeds the following standards is considered a public
nUIsance:
I. Decibel Noise Standards
Allowable Statistical Noise Levels in any One Hour
7 a.m. to 9 p.m. 9 p.m. to 7 a.m.
L50--50 DBA L50--45 DBA
LlO--55 DBA LlO--50 DBA
Ll--60 DBA Ll--55 DBA
where:
L50 = noise level exceeded 50% of the time
L I 0 = noise level exceeded 10% of the time
Ll = noise level exceeded 1% of the time
2. Standards for measurement. Standards for measurement of noise sources shall be
described in "Sound Measurement Procedures Manual," current revision, as adopted by
the State Department of Environmental Quality.
3. Where measured. Measurement of a noise source shall be made from the closest
residential structure in a residential zone.
4. Construction activities exempted. Noise from temporary construction activities is
exempted from the noise performance ,standards from 7:00 a.m. to 9 p.m.
5. Variances. The Council may grant variance to the Decibel Noise Standards when it
finds that strict compliance with the ordinance would cause an unusual and unreasonable
hardship to a commercial or industrial use.
a. The Council shall notifY all adjacent residential structures within 200 ft. of the
proposed variance and shall hold the public hearing on the variance prior to making any
decisions on the request for a variance.
b. The variance shall be the minimum necessary to alleviate the unreasonable hardship.
D. Unnecessary noise is a Class I violation.
9.08.175 Heat Pumps or Mechanical Devices
No person shall cause or permit to exceed, on property under their ownership or control,
the standards set forth in Section 15.04.185 of the Municipal Code. Heat Pumps or
Mechanical Devices is a Class II violation.
Ordinance Amending AMC Chapter 9
Page 9 of 15
9.08.180 Notices - Advertisements
A. No person shall scatter, litter, or cause to be scattered, or littered any placards,
advertisements, or other similar materials on public or private property. Notices-
advertisements is a Class III violation.
9.08.190 Declaration of Nuisance - General Nuisance
A. The acts, conditions, or objects specifically enumerated and defined in Section
9.08.020 through Section 9.08.180 and in Section 13.16.065 are declared public
nuisances and such acts, conditions, or objects may be abated by any of the procedures
set forth in AMC 2.31 and this Chapter. Section 9.118.21111 through Section 9.118.2311.
Abatement procedures in AMC 9.08 are non-exclusive remedies for identified
nuisances and l!eneral nuisances.
B. In addition to the nuisances specifically enumerated within this chapter, every other
thing, substance, or act which is determined by the Council to be injurious or detrimental
to the public health, safety, or welfare ofthe City is declared a nuisance and may be
abated as provided in this chapter.
C. General nuisance under 9.08.190.8. is a Class II violation.
SECTION 3. Sections 9.08.270 [Prohibiting the Sale of Coal] is hereby amended to read as
follows:
9.08.270 Prohibiting the Sale of Coal
No person, firm or corporation shall sell, trade, deliver or give away coal within the City
of Ashland. This shall apply to coal that is intended or suitable for use in stoves for
heating and does not include charcoal. Violation of this Section is subject to the penalties
set forth in section 9.08.250. Coal Sale is a Class III violation.
SECTION 4. Sections 9.12.020 [Keeping Junk - Unlawful Out of Doors] through 9.12.035
[Storage and Disposal of Junk on Calle Guanajuato] is hereby amended to read as follows:
,
9.12.020 Keeping Junk - Unlawful Out of Doors
It is determined and declared that the keeping of any junk out of doors on any street or
other public property, lot, or premises within the City, or in a building that is not wholly
or entirely enclosed except doors for use for ingress and egress, is a nuisance and is
unlawful. Keepinl! Junk - Unlawful out of doors is a Class II violation.
9.12.030 Keeping Junk - Exposed to View Unlawful
It is unlawful for any owner, lessee, or occupant to keep any junk on any lot or premises
within the City, or in a building that is not wholly or entirely enclosed except doors used
for ingress and egress. It is unlawful for any person, their agent or employee, to keep any
junk on any street or other public property. Keepinl! iunk - exposed to view unlawful is
a Class II violation.
Ordinance Amending AMC Chapter 9
Page 10 of 15
9.12.035 Storage and Disposal of Junk on Calle Guanajuato
A. The regulations in this section shall apply to properties that have access to Calle
Guanajuato, that area of Lithia Park that is between Winburn Way and North Main Street,
and between the Plaza and Granite Street.
B. In addition to the regulations on junk contained in this chapter, junk shall only be
stored within a building, in an area completely enclosed from view that is closed tightly
so that flies, odors, junk, liquids, and vermin cannot escape from the junk and affect Calle
Guanajuato.
C. The Council may approve a storage device which may be used on private land that is
not entirely enclosed in a building, if, in the Council's opinion, it provides sufficient
protection from odors, waste materials, waste liquids, oils, fats, and flies.
D. The Council may set aside a common area for storage of junk and recyclable materials
for the use of businesses located on properties that have access to Calle Guanajuato. The
Council shall assess each business its pro-rata share of the costs of disposal of junk from
the common area. Every business shall be assumed to benefit from the disposal area
unless it has an area for its own use that is entirely enclosed within a building, and of
sufficient size to accommodate the junk and other waste produced by the business.
E. In assessing the pro-rata share of disposal costs to a business, the Council may use
average waste produced or expected to be produced by that type of business. The costs
shall be assessed on the normal electric utility bill, and be the responsibility of the person
to whom the electric utility account is registered.
F. It is a violation of this ordinance for a person to use the common area for disposal if
they are not being assessed for the costs of the disposal of junk from that area.
G. Storal!e and disposal of iunk on Calle Guanaiuato is a Class II violation.
SECTION 5. Section 9.12.060 [Violation - Penalty] regarding 9.12 [Nuisance -- Junk] is
hereby amended to read as follows:
9.12.060 Violation - Penalty
If the notice is given as provided in section 9.12.050 and the owner, lessee, or occupant
fails to comply with this chapter, or any person keeps junk on any street or other public
property, then said person is in violation of this chapter and, upon conviction, is
punishable as prescribed in Section 1.08.020. Unless otherwise specified, violation of
this chapter is a Class II violation.
SECTION 6. Sections 9.16.010 [Control Required] through 9.16.080 [Penalties for Violation]
are hereby amended to read as follows:
9.16:010 Control Required
All dogs must be confined by fence, leash, or obedience training to the property of the
Ordinance Amending AMC Chapter 9
Page 11 of 15
person owning, harboring or having the charge, care, control, custody or possession of
such dog; however, it shall be permissible for a dog to be confined by fence, leash or
obedience training to the property of another if such other person has given express
permission. Provided, however, that the City Council may, in its discretion, designate
certain areas within the City where dogs may be permitted to run free while under the
owner's or keeper's control. Control required is a Class IV violation.
9.16.020 Vicious Dogs - Control Required
Any dog that is vicious or dangerous to the safety of persons must be confined by
enclosure or a leash to property of its owner or keeper. Vicious dOl!s-control required is
a Class II violation.
9.16.030 Dog - Control Required When in Car or Truck
It is permissible for a dog to be confined to a car or truck, which is owned by its owner or
keeper, and such confinement may be either by physical means or by obedience training.
The duration and circumstances of the confinement shall be consistent with
minimum care for the animal under Orel!on statutes protectinl! animals from
mistreatment or abuse.
9J6.040 Leash Required
Any dog not confined to property as set forth above in this chapter and which is on either
public or private property must be on a leash not longer than six (6) feet in length. Leash
required is a Class IV violation.
9.16.050 Unattended Dogs
Dogs not on private property as described above must always be attended by their owner
or person having the custody of such dog; and, it shall be unlawful for any person to tie
or permit to be tied or remain tied a dog or any other animal to any tree, hydrant, railing,
or other object on the public property of the City of Ashland. Unattended dOl!s are a
Class IV violation.
9.16.055 Removal of Dog Waste
Any person, with the exception of a sightless person, responsible for any dog, shall be in
possession of tools for the removal of, and shall remove, excrement deposited by the dog:
A. In any public area not designed to receive those wastes, including but not limited to
streets, sidewalks, parking strips, the Plaza islands, city parks and trails or roads
paralleling ditches, swales, culverts, canals and similar facilities owned or operated by
the Talent Irrigation District or the City of Ashland, or
B. On any private property. It is an affirmative defense to a prosecution on any charge
under this subsection that the property owner or person in charge of the property
consented to such use of the property.
Ordinance Amending AMC Chapter 9
Page 12 of15
Removal of doe waste is a Class IV violation.
d) 9.16.060 Dogs - City Parks or Plaza Islands
Dogs, except for service animals, seeing eye dogs when in the custody and control of a
person legally blind, are not permitted in any of the city parks or the Plaza islands under
any condition except as provided in section 9.16.03Q; except that the Ashland Park
Commission may designate certairi defined area within such parks where dogs may be
allowed on a leash which conforms to the above requirements; and except that a person
may walk a dog on a leash through the Plaza islands if the dog remains on the paved
portions of the Plaza islands. "Service animal" for purposes of this Chapter means an
animal that is trained to perform tasks for an individual with a disability. The tasks
mav include, but are not limited to, euidine a person who is visuallv impaired or
blind, alertine a person who is deaf or hard of hearine, pulline a wheelchair, assistine
with mobility or balance, alertine and protectine a person who is havine a seizure,
retrievine obiects, or performine other special tasks. A service animal is not a pet or
companion animal. Does - City Parks or Plaza islands is a Class IV violation.
9.16.065 Dogs - City Cemeteries
Dogs, except for service animals, with the exeeption of seeing eye dogs, are not
permitted in any of the City cemeteries under any condition. Does - city cemeteries is a
Class IV violation.
9.16.070 Dogs Noise
It shall be unlawful for any person to I.eep within the City of Ashland any dog
which by long continued barldng disturbs or annoys another person within the City.
9.16.080 Penalties for Yiolation
1\n)' person who ';iolates any provision of this chapter shall lie punished as set forth
in Section 1.08.020 of the .....shIaud Municipal Code.
SECTION 7. Section 9.20.030 [Polystyrene Foam Banned - Food Packaging] is hereby
amended to read as follows:
9.20.030 Polystyrene Foam Banned - Food Packaging
A. Effeetive January 1, 1990, no No restaurant, retail food vendor or non-profit food
provider shall serve food, and after Mareh 31, 1990 no food packager shall package
eggs, bakery products or other food in polystyrene foam (PSF) containers, manufactured
with chlorofluorocarbons (CFCs) which do not reduce the potential for ozone depletion
by more than ninety-five percent (95%), compared to the ozone depletion potential of
CFC-12 (dychlorodifluorothane). Compounds banned include: CFC-II, CFC-12, CFC-
113, CFC-114, CFC-115, Halon-I21I, Halon-1301 and Halon-2402. Food vendors may
Ordinance Amending AMC Chapter 9
Page 13 of15
be required to furnish a written statement from the manufacturer or supplier of
polystyrene foam products used by that food vendor, indicating that the chemical
compounds used in the manufacture of the vendor's polystyrene foam products meet the
provisions of this ordinance. This section does not apply to meat, including beef, poultry,
seafood or pork, packaged in polystyrene foam containers. .
B. Effeetive January 1, 1991, no No restaurant food packager, non-profit food provider
or other person shall serve, sell, give away, deliver or provide in anyway, food in any
polystyrene foam (PSF) products, nor sell polystyrene foam (PSF) products intended for
use as disposable food containers, unless such person has developed a method for
recycling said PSF packaging used on-site. In no case, after January 1, 1991 however,
shall such PSF packaging be used for carry-out service, nor shall such packaging leave
the premises of the vendor or provider.
SECTION 8. Sections 9.20.050 [Enforcement] regarding 9.20.030 [Polystyrene Foam Banned-
Food Packaging] is hereby amended to read as follows:
. 9.20.050 Enforcement
The City I.ttorney, upon lIetermination that a ...ioIation ofthis Orllinanee ha5
oeeurrell, shall issue a written notiee of the violation by eertifiell mail to the venllor
or fooll pael.ager whieh will specify the ...iolation anll appropriate penalty.
Violations ofthis ordinance shall be deemed a Class II violation an infraction, and shall
be punishable as set forth in section 1.08.020 of the Municipal Codc. The venllor or
fooll paelmger shall, upon reeeipt of a notiee'ofYiolation, pay to the City the statell'
penalty, or appeal the finlling of a yiolation to the f.5hIanll Munieipal eour! by
requesting a hearing within fifteen (IS) lIays of reeeipt of the notiee.
SECTION 9. Sections 9.24.060 [Penalty] regarding 9.24.010 - 9.24.060. [Woodstove
Curtailment] is hereby amended to read as follows:
9.24.060 Penalty
Failure to complv with the Disclosure, Removal, Disposal and Certificate
requirements of AMC 9.24.055 is punishable as a Class I violation. In addition, the
cost of Court or Administrative proceedinl!s to enforce the removal requirement
shall be imposed. Any person violating or causing anv other tile violation of any of the
provisions of this Chapter shall be punishable as a (!;Iasslln violation prescribed in
Section 1.08.020 of the Ashland Municipal Code.
SECTION 10. Severability. If any section, provision, clause, sentence, or paragraph of this
Ordinance or the application thereof to any person or circumstances shall be held invalid, such
invalidity shall not affect the other sections, provisions, clauses or paragraphs of this Ordinance
which can be given effect without the invalid provision or application, and to this end the
provisions ofthis Ordinance are declared to be severable.
SECTION 11. Savings. Notwithstanding this amendment, the City ordinances in existence at
the time any criminal or civil' enforcement actions or other actions as required by state law, were
commenced shall remain valid and in full force and effect for purposes of all cases filed or
Ordinance Amending AM C Chapter 9
Page 14 of 15
commenced during the times said ordinance(s) or portions thereof were operative. This section
simply clarifies the existing situation that nothing in this Ordinance affects the validity of
prosecutions or applications commenced and continued under the laws in effect at the time the
matters were originally filed.
SECTION 12. Codification. Provisions of this Ordinance shall be incorporated in the Ashland
Municipal Code and the word "ordinance" may be changed to "code", "article", "section",
"chapter' or another word, and the sections of this Ordinance may be renumbered, or re-Iettered,
and typographical errors and cross references may be corrected by the City Recorder, provided
however that Sections 10 thru 12, unincorporated Whereas clauses and boilerplate provisions
need not be codified.
The foregoing ordinance was first read by title only in accordance with Article X,
Section 2(C) of the City Charter on the _ day of ,2010,
and duly PASSED and ADOPTED this _ day of ,2010.
Barbara Christensen, City Recorder'
SIGNED and APPROVED this
day of
,2010.
John Stromberg, Mayor
Reviewed as to form:
Richard Appicello, City Attorney
-'
Ordinance Amending AMC Chap1er 9
Page 15 of 15
CITY OF
ASHLAND
Council Communication
Ordinance Amending AMC Chapter 10 Relating to Classification of Offenses
Meeting Date: July 20, 2010 Primary Staff Contact: Richard Appicello
Department: Legal E-Mail: appicelr@ashland.or.us
Secondary Dept.: City Recorder JI:r Secondary Contact: Megan Thornton
Approval: Martha Bennett P"i,;'v Estimated Time: I 0 minutes
Question:
Should the Council approve First Reading of an ordinance amending Chapter 10 to add provisions
concerning the classification of offenses, and move the ordinance on to Second Reading?
Staff Recommendation:
Staff recommends Council approve the First Reading of this ordinance and set Second Reading for
August 3, 2010.
Background: The Classes and maximum penalties are follows: (I) Class I: $720; (2) Class II: $360;
(3) Class III: $180; (4) Class IV: $90. The Chapter contains the following recommended
classifications:
CHAPTER 10: PUBLIC PEACE, MORALS AND SAFETY
>r-
AMC Title Class
10.04.030 Interference with a public safety radio Crime
CMisd.
10.26.050 Swimming Pool Barrier - Penalty I
10.30.050 A- Outdoor Buming Penalties I
B
10.40.030 Consumption of alcoholic liquors in public III
places prohibited
10.40.040 Open Containers Prohibited III
10.44.020 Disorderly Conduct - Nudity - Penalty III
10.46.020 Camping Prohibited 11
10.46.030 Sleeping on Benches IV
10.56.030 A- Prohibited Uses of Fountains and I
B Monuments
10.60.020 Horses Prohibited 11
10.60.050 Library property-Retention past due date IV
prohibited
10.64.030 Sidewalk Obstruction I
10.68.060 Prohibited Commercial Activity - Parks I
10.68.080 Notices prohibited IV
10.68.090 A- Intoxicating liquor prohibited 11
C
10.68.100 Littering Prohibited 11
10.68.110 Iniuring or defacing property prohibited 11
Page I of3
r~'
CITY OF
ASHLAND
10.68.120 Park property - Prohibited uses 1lI
10.68.130 Betting prohibited II
10.68.140 Firearms and explosive prohibited I
10.68.150 Injuring wildlife prohibited I
10.68.170 Park waters -Use II
10.68.180 Whistles Prohibited IV
10.68.190 Park rules-Destruction of notice prohibited I
10.68.200 A- Plnimals in Parks IV
D
10.68.210 A- Vehicles- Use restricted III
D
10.68.220 Emergency vacation I
10.68.230 Sleeping prohibited IV
10.68.240 Comfort stations IV
10.68.250 "No admittance" I
"reserved" sign . II
10.68.260 Swings - Hammocks IV
10.68.270 Fires outside designated areas II
Fires when Fire Restricted I
10.68.280 Permit - Inspection IV
10.68.290 Permit - Conditions II
10.68.300 Barriers - Compliance III
10.68.310 Park Officers - Obedience required III
10.68.330 Prohibited Camping III
10.68.370 Parking limitations- Campers 1lI
10.68.380 Lithia Park Curfew IV
10.92.020 A- Discharging weapons Crime Class
B A.Misd.
10.100.010 Prohibited Social gambling II
10.110.070 Fair Housing Penalties I
10.115.080 Tenant Rights Penalties I
(See also Minimum fine $500)
Councilor Silbiger's comments are addressed as follows:
. "Service animal" replaces reference to dogs for blind and deaf;
. Intoxicating liquor is modified to allow for alcohol at the Golf Course
. Exceptions to firearms use in 1O.92.020.B, acknowledged.
. Allowance for dogs off leash in dog parks addressed.
. Firearm and weapons discharge authorized at licensed facilities.
Related City Policies:
Ashland City Charter Article X, Ordinance Adoption Procedures
Council Options:
(1) Move to approve First Reading of the ordinance and set second reading for August 3, 20 I O.
(2) Postpone First Reading to a date certain.
Pagc2of3
r.l'
CITY OF
ASHLAND
Potential Motions:
Staff: Conduct First Reading:
Council: Move to approve First Reading of the ordinance and set second reading for August 3,
2010.
Attachments:
Proposed ordinance
Page 3 of3
~~,
ORDINANCE NO.
ORDINANCE RELATING TO CLASSIFICATION OF OFFENSES,
AMENDING AMC CHAPTER 10, PUBLIC PEACE, MORALS AND
SAFETY AND REMOVING UNNECESSARY REGULA nONS
Annotated to show deletieRs and additions to the code sections being modified. Deletions are
bold ,. ~.. -.. and additions are bold underlined.
WHEREAS, Article 2. Section 1 of the Ashland City Charter provides:
Powers of the Citv The City shall have all powers which the constitutions. statutes, and
common law of the United States and of this State expressly or impliedly grant or allow
municipalities, as fully as though this Charter specifically enumerated each of those
powers, as well as all powers not inconsistent with the foregoing; and, in addition thereto,
shall possess all powers hereinafter specifically granted. All the authority thereof shall
have perpetual succession;
WHEREAS, the above referenced grant of power has been interpreted as affording all
legislative powers home rule constitutional provisions reserved to Oregon Cities. Citv of
Beaverton v. International Ass'n of Firefighters. Local 1660. Beaverton Shop. 20 Or. App. 293.
53 I P 2d 730, 734 (1975);
WHEREAS, AMC Chapter 1.08 is being amended to establish classes of offenses for City
ordinance violations consistent with Oregon Statutes;
WHEREAS, AMC Chapter 1.08 designates all violation level offenses as Class II, unless
otherwise specified; this Chapter is being amended to specify classifications where appropriate.
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. Section 10.04.030 [Interference with Police] through Section 10.04.040
[Penalties] are hereby amended to read as follows:
10.04.030 Interference with peIiee a public safety radio
.\. No person sllollllinder, delay, obstruct or resist 0 police offieer or person duly
empowered witll police outllority '1'1'110 is oeting in tile discllorge of official duties.
& No person shall operate any generator or electromagnetic wave or otherwise cause a
disturbance of such niagnitude as to interfere with the proper functioning of any police,
fire, or emerl!encv radio communication system of the city. Interference with public
safety radio is a Class C misdemeanor.
C. No person sholl refuse to leon tile orca of on arrest, custody, or stop, or lIoying
left tllot orca, re cnter it, after bcing direeted to Ie aye tile area by 0 person know to
Ordinance Amending AMC Chapler 10
Page 1 of 16
him to be a peace officer. "To lean the area of an arrest, custody or stop" means to
physically man to a location not less than ten (10) feet extending in a radius from
whcre a Jlolice offieer is engaged in effeeting an arrest, tailing a person into custody,
or stopping a person, prllvided that the peace officer may extend the radius beyond
ten (1 0) f~et when the officer reasonably helieves that the extension is neeessary
heeause of suhstantial risl. of physical injury to any person.
10.01.010 Penalties
Any person violating this seetion shall he guilty of a misdemeanor as set ferth in
Section 1.08.010.
SECTION 2. Section 10.12.010 [Assault] through Section 10.12.090 [Penalties] are hereby
amended to read as follows:
10.121.ssault
10.12.010 Assault and Eattery
No person shall attack, assault, or eommit a hattery upon another person.
10.12.020 Offcnsi'/e Physieal Contact
No person shall cause or attempt to eause another person reasonably to apprehend
that the Jlerson will he suhjeeted to any offensive physieal contact, ineluding but not
limited to touehing, grahhing or strilling, either to the person or tllpersonal
property in the person's immediate possession.
10.12.090 Penalties
I.ny person violating any seetion within this ehapter shall he guilty of a
misdemeanor as set forth in Seetion 1.08.010.
SECTION 3. Section 10.26.050 [Swimming Pools -Barrier- Penalty] is hereby amended to read
as follows:
1~.26.050 Violation - Penalty
Any person, firm or corporation found in violation of the terms ofthis chapter, and upon
conviction, shall be guilty of an infraction a Class I violation and shall be punished as
set ferth in Seetion 1.08.020 of the Munieipal Code.
SECTION 4. Section 10.30.050 [Outdoor Buming- Enforcement and Penalties] is hereby
amended to read as follows:
10.30.050 Enforcement and Penalties
A. Any person, firm or corporation, whether as a principal agent, employee or otherwise,
violating or causing violation of any of the provisions of this ordinance, includinl!: but
Ordinance Amending AMC Chapter 10
Page 2 of 16
not limited to unpermitted bumin!! or violation of permit requirements, has
committed IIn infrlletion a Class I violation, and upon conviction thereof, is punishable
as prescribed in Section 1.08.020 of the Ashland Municipal Code. Such person, firm or
corporation is guilty of a separate violation for each and every day during which any
violation of this :J:itIe Chapter is committed or continued by such person, firm or
corporation.
B. Outside burning without a permit or a campfire in violation of this chapter is a public
nuisance and may be summarily abated by the Fire Chief, Chief of Police, or their
representatives.
SECTION 5. Section 10.40.010 [Liquor Regulations - Bartender not to drink on duty] through
Section 10.04.040 [Open Container Prohibited] are hereby amended bread as follows:
10.40. Liquor Re!!ulations
10.10.011) RRrtenller not to drinl. on duty
No bartender shall drink or eonsume aleoholie liquor, or be under the influence of
alcoholic liquor, while on duty in a Iieensed premise.
10.10.020 Lieense seope Confilrmanee required
No licensee, or employee of lie en see, sball ha'/e in possession on the Iieensed premise
alcobolie liquor that is not ineluded within the seope of the license for such premises.
10.40.030 Consumption of alcoholic liquors in pnblic places prohibited
No person shall drink or consume alcoholic liquor in or upon any street, alley, public
ground, or other public place unless the place has been licensed for that purpose by the
Oregon Liquor Control Commission. Consnmption of alcoholic liquors in public
places prohibited is a Class III violation.
10.40.040 Open Containers Prohibited
A person commits the offense of violation of the open container law if the person
possesses on one's person, while in or upon any street, alley, public ground, or other
public place unless the place has been licensed for that purpose by the Oregon Liquor
Control Commission, any bottle, can or other receptacle containing any alcoholic liquor,
which has been opened, or a seal broken, or the contents of which have been partially
removed. It shall not be a violation of this section. however, if the bottle, can or other
receptacle is within a motor vehicle and in compliance with ORS 811.170, the open
container law in a motor vehicle. Open containers prohibited is a Class III violation.
')
Ordinance Amending AM C Chapler 10
Page 3 of 16
SECTION 6. Section 10.44.010 [Disorderly Conduct] is hereby amended to read as follows:
10.14.010 Disorderly eonduet
A. No person shall without good eause, while on the premises of a drive in
restaurant, drive in Ilank, dri':e in theater, dri'/e in Ilusiness,.pulllie parldng faeility,
or other pulllie or private property where parldng or dri-/e in faeilities are offered
or extended to pulllie use, impede the orderly movement of vehieles or pedestrian
traffte.
SECTION 7. Sections 10.44.015 [Pedestrian Interference] and 10.44.020 [Disorderly Conduct-
Penalties] is hereby amended to read as follows:
10.14.01S Pedestrian Interferenee
).. No person shallllloek or interfere with, or attempt to Illoe!. or interfi!re with, an)'
person along a pull lie sidewall. or any area designed or designated fer pedestrian
trame, Ily any means, ineluding Ilut not limited to standing, sitting or lying, on that
part of the sidewall. or area used for pedestrian tra'/el or placing an)' olljeet or
vehiele in sueh sidewalk or area, with the intent to interfere with free passage.
B. No person shallllloek or interfere with, or attempt to Illoel. or interfere with,
pedestrian or '/ehieular entranees to pulllie or private property allutting a pulllie
side'II'all. with the intent to interfere with the free ingress to or egress from sueh
property.
Co This seetion shall not apply to any aeti./ity otherwise made lawful.
Any person violating any section within this chapter shall be guilty of a Class III bJass
(; violation as that class is defined under Oregon law and AMC 1.08.020.
SECTION 8. Section 10.46.020 [Camping Prohibited] and Section 10.46.030 [Sleeping on .
Benches] are hereby amended to read as follows:
10.46.020 Camping Prohibited
No person shall c3}llP in or upon any sidewalk, street, alley, lane, public right-of-way,
park, or any other publicly-owned property or under any bridge or viaduct, unless
otherwise specifically authorized by this code, by the owner of the property, or by
emergency declaration under AMC 2.62.030. Campinl! prohibited is a Class II
violation.
10.46.030 Sleeping on Benches or Within Doorways Prohillited
A, No person shall sleep on public benches between the hours of9:00 p.m. and 8:00 a.m.
Sleepinl! on benches is a Class IV violation.
B. No person shall sleep in any pedestrian or vehieular entranee to pulllie or private
property allutting a pulllie sidewall..
Ordinance Amending AMC Chapter 10
Page 4 of16
SECTION 9. Section 10.46.050 [Penalties) is hereby amended to read as follows:
10.46.050 Mitil!ation of Penalties
A. I.ny per~on '/iolating seetion 10.4(1.020 or 10.4(1.030 shall be guilty ofa yiolation
as set rerth in Seetion 1.08.020.
B. Up to 48 hour~ of eommunity ser'liee may be ordered by the Court and sneh
serviee may inelnde dean up of illegal eampsites. The court shall consider in
mitigation of any punishment imposed upon a person convicted of prohibited camping
whether or not the person immediately removed the campsite upon being cited. For
purpose of this section, removal of the campsite shall include all litter, including but not
limited to bottles, cans, garbage, rubbish and items of no apparent utility, deposited by
the person in and around the campsite. All litter in and around the campsite shall be
presumed to be deposited by the person convicted of prohibited camping. Such
presumption shall be rebuttable, however.
SECTION 10. Section 10.56.030 [Prohibited Uses of Fountains and Monuments) is hereby
amended to read as follows:
10.56.030 Prohibited Uses of Fountains and Monuments
A. No person shall climb, stand, lie or sit upon any public statue, monument or decorative
or drinking fountain except that a person may sit upon that portion of any such monument
or decorative fountain designed for sitting.
B. No person shall wash, bathe, shower, brush teeth or wash clothes or other articles in
any decorative or drinking fountain.
C. Prohibited uses offountains and monuments is a Class I violation.
SECTION 11. Section 10.60.020 [Injury to or removal of property) is hereby amended to read
as follows:
10.60.020 Injury to or remo'/al of property Horses prohibited
A. No person, without proper authority, shall eut, remove, defaee, or in any manner
injure or damage real or personal property of the eity within or without the
earp orate limits
B. No per~on, without proper authority, shall wilfully def-aee, injure, tamper with,
break, or destroy any property, real or personal, belonging to or under the eontrol
of another.
(;. No person shall lead, drive, or ride a horse on public property, except upon that
portion of a street where vehicular traffic is authorized. Horses prohibited is a Class II
violation.
Ordinance Amending AM C Chapter 10
Page 5 of 16
SECTION 12. Section 10.60.050 [Library Property- retention past due date prohibited] and
Section 10.60.060 [Violation Penalty] are hereby amended to read as follows:
10.60.050 Library property - Retention past due date prohibited
No person shall willfully or maliciously detain any book, newspaper, magazine,
pamphlet, or manuscript belonging to the public library for thirty (30) days after notice in
writing from the librarian of such library, given after the expiration of time which by
regulations of such library such book, newspaper, magazine, pamphlet, phonograph
record, or manuscript may be kept. The notice shall bear upon its face a copy of this
section and Section 10.60.060. Librarv propertv - retention past due date prohibited
is a Class IV violation. Nothinl! herein shall prohibit criminal prosecution for theft
under Orel!on Law.
10.tiO.060 Violation Penalty
f.ny person violating any of the provisions of this ehapter is guilty of an infraetion
and shall he suhjeet to the penalties set forth in Seetion 1.08.020.
SECTION 13. Sections 10.64.010 [Obstructing passageways] through 10.64.030 [Penalty for
Violation] are hereby amended to read as follows:
10.64.010 Obstructing passageways
A. Except as otherwise permitted by ordinance, no person shall use a street or public
sidewalk for selling, storing, or displaying merchandise or equipment.
B. The provisions of this section shall not apply to the delivery of merchandise or
equipment, provided the owner or person in charge of the merchandise or equipment or
the property abutting on the street or sidewalk upon which the merchandise or equipment
is located removes the merchandise or equipment within a reasonable time.
C. Except. as otherwise permitted by ordinance, no person shall place any object on a
public sidewalk which restricts the clear passageway for pedestrians to less than eil!ht
feet, except when the sidewalk is less than eleven feet in width, then the measure
shall be six feet, or place any object on a public sidewalk at a street comer or within five
feet of the curb return.
10.64.030 Penalty for Violation
Any person who violates any provision of this Chapter shall be punished as set forth in
Section 1.08.020 of the Ashland Municipal Code. Sidewalk obstruction is a Class I
violation.
SECTION 14. Section 10.68.060 [Penalty for Violation - Commercial Activity] is hereby
amended to read as follows:
10.68.060 Penalty for Violation
Ordinance Amending AMC Chapter 10
Page 6 of 16
No one shall sell or offer for sale any article or perform or offer to perform any service
for hire in any of the parks without a written permit for such concession properly and
regularly granted by the Park Commission. No one shall hawk or peddle popcorn, ice
cream, candy, soda water, peanuts, or similar wares within or on any ofthe park grounds
of the city without first securing a permit to do so from the Park Commission.
Unpermitted commercial activity is a Class I violation.
SECTION 15. Section 10.68.080 [Notices prohibited] is hereby amended to read as follows:
10.68.080 Notices prohibited
No one shall erect on any pole or post or attach any notice, bill, poster, sign, wire, rod or
cord to any tree, shrub, fence railing, fountain, wall, post, structure or other device of any
kind whatever, on any of the bases, statues, bridges, or monuments in any park without
permission ofthe Park Commission. Notices prohibited is a Class IV violation.
SECTION 16. Section 10.68.090 [Intoxicating Liquor prohibited] through Section 10.68.330
[sleeping prohibited] are hereby amended to read as follows:
10.68.090 Intoxicating liquor prohibited
It is unlawful for any person to take any intoxicating liquor or beverage into any portion
of the public parks of the city, except that:
A. Intoxicating liquor or beverages may be transported through the Lithia Park extension
area which is located between North Main Street and Winburn Way and between
Ashland Creek to the west and the Plaza to the east.
B. This section and the prohibitions on the possession and use of intoxicating liquor shall
not apply to that portion of the park that is leased to the Oregon Shakespeare Festival
Association.
C. This section and the prohibitions on the provision and use of intoxicating liquor shall
not apply to the park property commonly known as Calle Guanajuato only when such is
served with prepared meals and with the express approval of the Ashland Park and
Recreation Commission and the Oregon Liquor Control Commission.
D. This section and the prohibitions on the provision and use of intoxicatinl! liquor
shall not applv to the park property commonlv known as Oak Knoll Golf Course
onlv when such is served as part of the City Golf Course operation or approved
concession with the approval of the Ashland Park and Recreation Commission and
the Orel!on Liquor Control Commission.
E. Intoxicatinl! liquor prohibited is a Class II violation.
,
10.68.100 Littering Prohibited.
Ordinance Amending AMC Chapter to
Page 7 of 16
No one shall obstruct the free use and enjoyment of any park, or place any straw, dirt,
chips, paper, shaving, shells, ashes, swill or garbage or other rubbish even though not
offensive to health in or upon any portion of the Park. Litterin!! prohibited is a Class II
violation.
10.68.110 Injuring or defacing property prohibited
No one shall remove, destroy, break, injure, mutilate, or deface in any way, any structure,
monument, statue, vase, fountain, wall, fence, railing, vehicle, bench, tree, shrub, fern, ,
plant, flower, or other property in the park, In iurin!! or defacin!! property prohibited is
a Class II violation.
10.68.120 Park property - Prohibited uses
No one shall climb any tree, or walk, stand, or sit upon the monuments, vases, fountains,
railings, or fences in any park. Parks property-Prohibited uses is a Class III violation.
10.68.130 Betting prohibited (unless authorized consistent with statute)
No game of chance or betting of any kind will be permitted within the park boundaries.
Bettin!! prohibited is a Class II violation.
10.68.140 Firearms and explosives ~ prohibited
Except as permitted bv AMC 10.92.020.B., no Ne one shall use firearms, fireworks,
firecrackers, torpedoes, or explosives of any kind in any park. Firearms and explosives
use prohibited is a Class I violation.
10.68.150 Injuring wildlife prohibited
No one shall use any weapon, stick, stone, or missile of any kind to destroy, injure,
disturb or molest any wild or domestic animal, fowl, or fish within the park limits.
Iniurin!! wildlife prohibited is a Class I violation.
10.68.170 Park waters - Use
No one shall fish, wade, swim, or bathe in any of the parks except the places designated
for such purposes, except, however, that children of the age of thirteen (13) years and
under shall be permitted to fish within the present, or hereinafter designated, boundaries
of Lithia Park. Park waters-use is a Class II violation.
10.68.180 Whistles prohibited
Except for sports officials and coaches durin!! scheduled events, ~yisitors shall not
sound whistles in any of the parks. Whistles prohibited is a Class IV violation.
Ordinance Amending AMC Chapter 10
Page 8'of16
10.68.190 Park rules-Destruction of notice prohibited
No person shall injure, deface, or destroy any notice of rules and regulations for the
government of the parks, which shall have been posted or pennanently fixed by order or
pennission of the park commission. Destruction of notice is a Class I violation.
10.68.200 Animals .
A. Dogs, except for service animals, seeing eye dogs and dogs for the deaf, when in
the custody and control of a person legally blind or deaf, are not pennitted in any of
the City Parks under any conditions except as provided in Section 9.16.030; and except
that the Ashland Parks and Recreation Commission may designate certain defined areas
within such parks or "do!!: parks" where dogs may be allowed on or off a leash. which
conforms to the provisions ofSeetion 9.16.1l41l0fthis code. "Service animal" for
purposes of this Chapter means an animal that is trained to perform tasks for an
individual with a disability. The tasks mav include, but are not limited to. !!uidin!!: a
persou who is visuallv impaired or blind. alertin!!: a person who is deaf or hard of
bearin!!:. pullin!!: a wheelchair. assistin!! with mobility or balance. alertin!!: and
protectin!! a person who is havin!!: a seizure, retrievin!!: obiects, or performin!! other
special tasks. A service animal is not a pet or companion animal.
B. Animals shall not be allowed to run at large, and if found within the park limits, may
be impounded.
C. No animals of any kind shall be allowed to enter any of the lakes, ponds, fountains, or
streams.
D. Owners of dogs or other animals, damaging or destroying park property, will be held
liable for the full value ofthe property damaged or destroyed, in addition to the penalty
imposed for violation of this chapter.
E. Animals re!!:ulations are Class IV violations.
10.68.210 Vehicles - Use restricted
A. No one shall ride or drive any bicycle, motorcycle, scooter. motor vehicle, truck,
wagon, horse, or any vehicle or animal in any part of the parks, except on the regular
drives designated therefore; provided that baby carriages, inyalid wheelchairs, and such
vehicles as are used in the park service are not included in the foregoing prohibition. No
one shall ride or be upon any skateboard in any part of Lithia Park.
B. No one shall drive any hearse, vehicle in a funeral procession, market wagon, milk
wagon, dirt cart, moving van, dray, truck, heavy-laden vehicle, or vehicles carrying or
ordinarily used in carrying merchandise goods, tools, material, or rubbish, except such as
are used in the park service, over any drive or boulevard in any of the parks; provided,
however, the park commission may in its discretion grant pennission in writing for
Ordinance Amending AMC Chapler 10
Page 9 of 16
vehicles to carry materials over the park drives or boulevards to buildings abutting on
parks, when no other road, street, or way is accessible or passable.
C. Vehicles shall be driven with great caution and at a reasonable speed, having regard
for the traffic, the safety of the public, and use of the parks. The speed on any of the
public driveways in the parks of the City shall not exceed fifteen (15) miles per hour.
D. No one shall hitch horses or other animals to any tree, shrub, fence, railing, or other
structure, except such as are provided for such purpose, or allow horses or other animals
to stand unhitched while the driver or attendant is beyond reach of such horse or other
animal.
E. Vehicles-Use restricted rel!ulations are Class III violations.
10.68.220 Emergency vacation
In case of emergency, or in any case where life and property are endangered, all persons,
if requested to do so by the superintendent or other park employee. shall depart from the
portion of the grounds specified by such officer or employee, and shall remain off the
same until permission is given to return. Failure to obey an lawful order to evacuate
due to an emerl!enCV is a Class I violation.
10.68.230 Sleeping prohibited
No persoo shall sleep.oo tlte seats or beoehes io aoy park at 00)' time. No person
shall sleep or eamp any place within the boundaries of any park, including public roads,
between the hours of nine (9:00) p.m. and eight (8:00) a.m. Sleepinl! prohibited is a
Class IV violation.
10.68.240 Comfort stations
No male person other than a child with its mother, or a park employee in the discharge of
such employees regular duties, shall enter a public comfort station marked "women," or
loiter about the entrance of such comfort stations. Comfort stations is a Class IV
violation.
10.68.250 "No admittance" or "reserved" sign-Compliance
No person shall enter any building, enclosure, or place within any of the parks upon
which the words "No Admittance" or "Reserved" shall be displayed or posted by sign,
placard, or otherwise, without the consent of the superintendent or other officer of the
parks. Violation of no admittance is a Class I violation; violation of reserved is a
Class II violation.
10.68.260 Swings - Hammocks
Ordinance Amending AMC Chapter 10
Page 100f16
No swings or hammocks shall be hung or swung in any of the parks, except on the posts
erected for the purpose. Swin!!s-Hammocks is a Class IV violation.
10.68.270 Fires
No person shall build any fire at any place within the limits of any park except by an
employee of the park commission or in an area designated by the park commission for
picnic fires. Fires outside desi!!nated areas is a Class II violation. When Fire
Restrictions are in place violation is a Class I violation.
10.68.280 Permit - In~pection
Any person claiming to have a permit from the park commission shall produce and
exhibit such permit upon request of any authorized person who may desire to inspect the
same. Permit-Inspection is a Class IV violation.
10.68.290 Permit - Conditions
All permits issued by the park commission shall be subject to the city ordinances and the
persons to whom such permits are issued shall be bound by said rules, regulations, and
ordinances as fully as though the same were inserted in such permits, and any person or
persons to whom such permits shall be issued shall be liable for any loss, damage, or
injury sustained by any person whatever by reason of the negligence of the person or.
persons to whom such permits shall be issued, as well as for any breach of such rules,
regulations, and ordinances, to the person or persons so suffering damages or injury.
When not otherwise specified in the Code, violation of permit-conditions is a Class
II violation.
10.68.300 Barriers - Compliance
No person shall ride, drive, or walk on such parts or portions of the parks or pavements as
may be closed to public travel or interfere with barriers erected against the public.
Barriers-Compliance is a Class III violation.
10.68.310 Park officers - Obedience required
. .
No person shall refuse a request to obey any reasonable direction of the park officers or
employees. Failure to complv is a Class III violation.
10.68.320 Park officers Interferenee with prohibited
Nothing contained herein shall prevent the performance of any act or service by the park
officers or employees which has been duly authorized by the park commission in charge.
10.68.330 Campin!! Sleeping prohibited
,
Ordinance Amending AMC Chapter 10
Page II of 16
No person shall camp within the park limits within the city of Ashland, or on the
park side of any street adjacent to the parks. Prohibited Camp in!!: is a Class III
violation.
SECTION 17. Section 10.68.370 [Parking Limitations] is hereby amended to read as follows:
10.68.370 Parking .limitations
No person shall park or permit to remain parked any motor vehicle which bears a
motor home or camper license on any street within, or on the park-side of any street
adjacent to the parks of this city, between the hours of 2:00 A.M. and 6:00 A.M. It
shall be rebuttal presumed that any vehicle parked contrary to the provisions of this
section was parked by the registered owner thereof. Parkin!!: a Camper is a Class
III violation.
SECTION 18. Section 10.68.380 [Curfew] is hereby amended to read as follows:
10.68.380 Curfew
Except for Police, Fire and Park Department employees on official business no one shall
be in Lithia Park between the hours of 11 :30 P.M. and 5:30 A.M. Curfew is a Class IV
violation: Nothin!!: in this provision prohibits citation for trespass under state law.
SECTION 19. Section 10.72.010 [Theft -Stolen Property] through Section 10.72.020 [Petty
Theft] are hereby amended to read as follows:
10.72 Theft
10.72.010 StoleD property
No persoD shall buy, reeein, cODceal, or attempt to buy property that is l(BoWD or
should be l(BoWD to sueh persoD to have becD staleD.
10.72.020 Petty theft
No perSOD shall tal,e or carry away property of '/alue Dot to elt:ceed two hUDdrcd
dollars ($200.00) which is the property of another with the intent to dcprive such
other of such prllperty permanently.
SECTION 20. Section 10.88.010. [Miscellaneous Offenses by or against Minors - Minors
generally] through Section 10.88.050 [Children Confined n Vehicles] are hereby amended to
read as follows:
10.88 Miscellaneous Offenscs by llr !.gainst Minllrs
10.88.010 Minllrs generally
A. No person shall purchase property or an artieIe of value from a minor or ha'/e
dealings respecting the title of property in the possession of a minor without the
written eonsent of the parent or guardian of the minor.
Ordinance Amending AMC Chapler 10
Page 12 of 16
111.88.020 Tobacco sales to and consumJltion by minors
l\. No Jlerson sllall sell, barter, trade, give, or in any manner furnish to a minor
under tllc agc of eighteen (18) years, for tile consumJltion of sucll minor, any
tobaeco, cigars, or cigarettes in any form, or any comJlound in whicll tobacco ferms
a comJlonent Jlart.
B. No minor under tile age of eighteen (I8) year sllall smol,e, use, or lIave in sucll
minor's Jlossession a cigar, cigarette, or tobacco in any ferm in a Jlublic Jllace. No
JlroJlrietor, cieri" assistant, or emJlloyee of a Jllace of business sllall Jlermit a minor
under tile age of eighteen (I8) years to frequent tile Jllace of business while tile
minor is using or smoking a cigar, cigarette, or tobacco in any form.
10.88.010 Minors misreJlresenting age
No Jlerson sllall falsely reJlresent lIis/ller age in order to obtain cigars, cigarettes, or
tobacco.
10.88.0$0 Cllihlren confined in vellicles
}.. f. Jlerson lIa'/ing custody or control of a child under 10 years of age commits an
infraetion if tile Jlerson lea'les tile ellild unattendcd in any Yellicle wllere tile
circumstances indicate tllat the Jlerson knew or shouldlla'le 1m own that there was a
liI,elihood of danger to the healtll or welfare of the child or others.
B. It shall be lawful for a Jlolice officer finding a ehild eonfined in violation of this
section to enter the 'Iehicle and remove the child using suell force as is reasonably
neeessary to affect an entrance to the vehiele. The Judge in the trial of this offense
shallllave diseretion to order the Poliee DeJlartment to Jlay fer the damages to tile
vehicle iUhe Judge belie'les that suell Jlayment would be fair, just and equitable.
SECTION 21. Section 10.90.010. [Penalties] through Section 10.90.030 [Separate Violations]
are hereby amended to read as follows:
10.90 Penalties
10.90.030 Penalties
Any Jlerson violating tllis seetion sllall be guilty of a misdemeanor as set fortll in
Seetion 1.08.010.
10.90.010 Penalties
ExeeJlt as otllenvise noted, any Jlerson 'Iiolating this title is guilty of an infraetion
and shall be subjeet to the Jlenalties set forth in Section 1.08.020
10.90.020 Working Jlrisoners
Ordinance Amending AM C Chapter 10
Page 13 of 16
In any conviction fer violation of this title or any onlinance of the city where the
penalty fixe II by thc court is confinemcnt in the city jail for any term, the court
allllitionally may orller that the convictellperson, Iluring the term of confincment,
labor upon the streets or publie worl<~ of the city unller the Ilireetion of the proper
authoritie~.
10.90.030 Separate 'iiolations
Each '/iolation of a pro'iision of thi~ title eonstitute~ a separate offense.
be fair, ju~t anll equitable.
SECTION 22. Section 10.92.020. [Discharging Weapons] is hereby amended to read as
follows:
10.92.020 Discharging weapons
A. Within the City limits of the City of Ashland. no Nlrperson other than an
authorizellpeace offieer shall fire or discharge a firearm. crossbow. bow and arrow.
blowl!un or other gun, including spring or air-actuated pellet guns, air guns, or BB guns,
or other weapons which propel a projectile by use of gunpowder or other mechanism,
explosive, jet, or rocket propulsion, withoutthe consent of the Chief of Police.
B. The provisions of this section shall not be construed to prohibit the firing or
discharging of a firearm or weapon by JE
1. Person in the lawful defense or protection of such person's propcrty,
person. or familv. as set forth in ORS 161.195:
2. Peace officer or member oCthe militarv discharl!inl! a firearm or
weapon while actinl! within the scope of his or her official duty:
3. Government emplovee discharl!inl! a firearm or weapon when
authorized and required bv his or her emplovment or public office to carry or use
firearms or weapons and while actinl! within the scope of his or her official duty:
4. Person conductinl! an athletic contest who fires blank ammunition in
a plul!l!cd firearm toward the sky:
5. Person authorized bv permit of the chief of police to discharl!e blank
ammunition or a weapon for a lawful purpose (e.l!. ceremonY)i
6. Person lawfullv enl!al!inl! in huntinl! in compliance with rules and
rel!ulations adopted bv the State Department of Fish and Wildlifc:
7. Person discharl!inl! a firearm or weapon on a licensed public or
private shootinl! ranl!e, shootinl! I!allery or other approved area desil!ned or built
for the purpose of tarl!et shootinl!. when such person is a member or I!uest of said
ranl!e or area:
8. Person discharl!inl! a bow and arrow for tarl!ct shootinl! (tarl!et
arrow) on their own property or on another's property with the owner's consent,
provided the tarl!et is of sufficicnt sizc or arranl!emcnt to prevent the arrow from
leavinl! the property.
Ordinance Amending AMC Chapter 10
Page 14 of16
C. Discharl!inl! weapons is a Class A misdemeanor if the weapon discharl!ed
constitutes a firearm under Orel!on law. Discharl!inl! weapons is a Class I violation
if the weapon discharl!ed is not a firearm under Orel!on law.
SECTION 23. Section 10.100.010. [Social Gambling] is ~ereby amended to read as follows:
10.100.010 Social gambling
Social gambling and social games as defined in ORS 167.117 are hereby permitted in
charitable, fraternal and religious organizations. Unpermitted social l!amblinl! is a Class
II violation.
SECTION 24. Section 10.110.070. [Fair Housing - Penalties] is hereby amended to read as
follows: .
10.11 0.070 Penalties
Any person violating or causing the violation of any provision of this ordinance has
committed an infraction a Class I violation, and, upon conviction thereof, is punishable
as prescribed in Section 1.08.020 of the Ashland Municipal Code. Such person is guilty
of a separate violation for each and ev.ery day the violation continues.
SECTION 25. Section 10.115.080. [10.115 Tenant Rights in Conversion of Existing Multi-
Family Rental Units For.Purchase Housing - Penalties] is hereby amended to read as follows:
10.115.080 Penalties
A. It shall be unlawful and a violation punishable under AMC 1.08.020 for a declarant, of
a multi. family residential building to fail to strictly comply with, or violate the notice,
relocation assistance, right to purchase, or prohibited actions provisions of this Chapter.
For purposes of this chapter, the term declarant includes the owner of the multi.family
building, regardless of the form of ownership, as well as declarant's authorized agents and
contractors.
B. A violation of anv provision of tbis Chapter shall be a Class I violation. The
minimum fine for violation of any provision of this Chapter shall be $500.00 for each
unit affected, excluding any required state and local assessments.
SECTION 26. Severability. If any section, provision, clause, sentence, or paragraph of
this Ordinance or the application thereof to any person or circumstances shall be held invalid,
such invalidity shall not affect the other sections, provisions, clauses or paragraphs of this
Ordinance which can be given effect without the invalid provision or application, and to this end
the provisions of this Ordinance are declared to be severable.
SECTION 27 Savings. Notwithstanding this amendment, the City ordinances in
existence at the time any criminal or civil enforcement actions or other actions as required by
state law, were commenced shall remain valid and in full force and effect for purposes of all
cases filed or commenced during the times said ordinance(s) or portions thereof were operative.
This section simply clarifies the existing situation that nothing in this Ordinance affects the
Ordinance Amending AMC Chapter 10
Page 150f16
validity of prosecutions or applications commenced and continued under the laws in effect at the
time the matters were originally filed.
SECTION 28 Codification. Provisions of this Ordinance shall be incorporated in the
Ashland Municipal Code and the word "ordinance" may be changed to "code", "article",
"section", "chapter' or another word, and the sections of this Ordinance may be renumbered, or
re-Iettered, and typographical errors and cross references may be corrected by the City Recorder,
provided however that Sections 26 thru 28, unincorporated Whereas clauses and boilerplate
provisions need not be codified.
The foregoing ordinance was first read by title only in accordance with Article X,
Section 2(C) of the City Charter on the day of ,2010,
and duly PASSED and ADOPTED this day of , 20 I o.
Barbara Christensen, City Recorder
SIGNED and APPROVED this
day of
,2010.
John Stromberg, Mayor
Reviewed as to form:
Richard Appicello, City Attorney
Ordinance Amending AMC Chapter 10 .
Page 16 of16
CITY OF
ASHLAND
Council Communication
Ordinance Amending AMC Chapter 11 Relating to Classification of Offenses
Meeting Date: July 20,2010 Primary Staff Contact: Richard Appicello
Department: Legal E-Mail: appicelr@ashland.or.us
Secondary Dept.: City Recorder ~ Secondary Contact: Megan Thornton
Approval: Martha Bennett ",Iv Estimated Time: 10 minutes
Question:
Should the Council approve First Reading of an ordinance amending Chapter II to add provisions
concerning the classification of offenses, and move the ordinance on to Second Reading'?
Staff Recommendation:
Staffrecommends Council approve the First Reading ofthis ordinance and set Second Reading for
August 3, 2010.
Background:
The Classes and maximum penalties are follows: (I) Class I: $720; (2) Class II: $360; (3) Class III:
$180; (4) Class IV: $90. The Chapter contains the following recommended classifications:
Chapter 11
Vehic1es and Traffic
AMC Title Class
11.16.090 Boarding or alighting from vehicles II
11.16.110 Unlawful riding II
11.16.120 Clinging to Vehicles II
11.16.140 Skis on streets IV
11.16.150 A- Damaging sidewalks and curbs I
C
11.16.170 Failure to remove glass and debris IV
11.20.040 Private Marking I
11.22.030 Vehicle Chains Required I
11.28.20 Tire Markings IV
11.32.040 Abandoned Vehicles Penalty II
11.40,010 Parade -permit required IV
11.40.040 Driving through procession IV
11.44.005 Required Use of sidewalks- Pedestrian IV
11.44.010 Illegal cancellation of a Traffic Citation I
11.44.020 Crossing at right angles IV
11.44.030 Crosswalk - Use required IV
11.52.030 A. Regulations: Riding IV
11.52.030 B. Regulations: Racing IV
11,52.030 C. Regulations: Method of riding IV
11.52.030 D. Regulations: Carrying articles IV
Page I of2
_.111
r_~
CITY OF
ASHLAND
11.52.030 F. Regulations: Speed on bicycle routes IV
11.52.030 G. Regulations: Riding abreast IV
11.52.030 H. Regulations: Hitching on vehicles II
11,52.030 K. Regulations: Parking IV
11,52.050 Responsibility of Parent or Guardian III
11.52.060 Failure to Report Accidents II
11.52.070 Bicycle License Required IV
11.54.030 Skateboard Regulations-Penalty IV
r 11.54.0401
11.60.040 Truck Routes - Penalty IV
In addition'to the classification:
. AMC 11.12.050 delegates street closing to Administrator or designee.
. AMC 11.54.030 Skateboard Regulations modified to require helmets on public property.
Related City Policies:
Ashland City Charter Article X, Ordinance Adoption Procedures
Council Options:
(I) Move to approve First Reading of the ordinance and set Second Reading for August 3, 2010.
(2) Postpone First Reading to a certain date.
Potential Motions:
Staff: Conduct First Reading:
Council: Move to approve First Reading of the ordinance and set second readingfor August 3,
2010.
Attachments:
Proposed ordinance
Page 2 of2
r~'
ORDINANCE NO.
ORDINANCE RELATING TO CLASSIFICATION OF OFFENSES,
AMENDING AMC CHAPTER 11, VEHICLES AND TRAFFIC, AND
REMOVING UNNECESSARY REGULATIONS
Annotated to show deletioRsand additions to the code sections being modified. Deletions are
bold"" and additions are bold underlined.
;
WHEREAS, Article 2. Section I of the Ashland City Charter provides:
Powers of the City The City shall have all powers which the constitutions, statutes, and
common law of the United States and of this State expressly or impliedly grant or allow
municipalities, as fully as though this Charter specifically enumerated each of those
powers, as well as all powers not inconsistent with the foregoing; and, in addition thereto,
...
shall possess all powers hereinafter specifically granted. All the authority thereof shall
have perpetual succession;
WHEREAS, the above referenced grant of power has been interpreted as affording all
legislative powers home rule constitutional provisions reserved to Oregon Cities. City of
Beaverton v. International Ass'n of Firefighters. Local 1660. Beaverton Shop. 20 Or. App. 293,
531 P 2d 730, 734 (1975);
WHEREAS, AMC Chapter 1.08 is being amended to establish classes of offenses for City
ordinance violations consistent with Oregon Statutes;
WHEREAS, AMC Chapter 1.08 designates all violation level offenses as Class II, unless.
otherwise specified; this Chapter is being amended to specify classifications where appropriate.
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. Section 11.12.050 [Temporary blocking or closing of Streets] is hereby amended
to read as follows:
11.12.050 Temporary blocking or closing ofstreets
A. Notwithstanding other provisions of this title, the council may authorize and direct the
City Administrator, or desi2nee, is dele2ated authority bv Special Order to
temporarily block or close a City street to traffic and prohibit its use when deemed
necessary for any of the following reasons:
1. To prevent disturbing and interfering with parades, dances, races, or other
celebrations on the street when such temporary use has been reviewed and approved
bv the Public Works Director, Police Chief and Fire Marshal authori:lled by the
council;
2. To reduce traffic congestion or noise which disturbs a theatrical, sport, religious, or
other event where a substantial number of people have congregated;
Ordinance Amending Chapter 14
Page 1 of 14
3. To assist in an emergency.
B. The street shall be blocked or closed by the use of signs, barricades, personal directions
of police officers, or other means which would inform the general public that the street is
closed or blocked. .
SECTION 2. Sections 11.16.010 [Speed limits - Public parks] through 11.16.190 [Emergency
Vehicle] are hereby amended to read as follows:
11.16.010 Speed limits Publie parks
No 13CFGsn SHall dRye a veHicle u130n a street in a 13ublic !'lark at a s13eed exceesing fifteen
(15) miles 13er HOur Hnless signs erected indicate stHerwise.
11.16.020 DriYing under the influenee Penalty
No person while being under the inlluence of intoxieatiag Iil\uor, barbiturates, or
narcotic drugs shall drive a '/ehicle upon a street or public property. f. person
violating this section is, upon cOD'/iction thereof, punishable as prescribed in Section
1.08.010.
11.16.0]0 Recldess driving
No person shall driYe a vehie1e upon a street or public property carelessly and
heedlessly in willful or wanton disregard of the rights or safety of others. ;\ person
violating this section is, upon con'/ietion thereof, punishable as prescribed in Section
1.08.010.
11.16.040 U turns
...... No person operating a motor vehieJe shall make a U turn between street
interseetions or at interseetions where "No U Turn" signs have been posted.
B. No person shall bael. a vehiele into an interseetion or an allcy fur the purpose of
making a U turn at those plaees where U turns are prohibited.
11.16.050 Vehieles in motion Right of way
l. vehicle which has stopped or parl.ed at the curb shall yield to moving traffic.
11.16.060 Limitations on bacldng
The driver of a vehicle shall not bae1. the vehicle unless the mO'/ement can be made
with reasonable safety and without interfering with other trafHc and shall in every
case yield the right of way to moving traffie and pedestrians.
Ordinance Amending Chapter 14
Page 2 ofl4
11.16.070 Driying on di'iided streets
If a street has been divided into two (2) roadways by lea':ing an internning space or
by a physical barrier or clearly indicated di':iding section sa constructed as to
impede ychicular traffic, a yehicle shall be driven only upon the right hand roadway
and 'no ':chide shall be drh'en over, aeross, or within the dividing space, barrier, or
section, exccpt through an opening in the physical barrier or dividing section or
space provided for vehicle mO'iement or at an interseetion.
11.16.080 Emerging from ':ehide
No person shall open the door of or enter or emerge from a vehicle in the path of an
approaching vehiele.
11.16.090 Boarding or alighting from vehicles
No person shall board or alight from a vehicle while the vehicle is in motion. Boardinl!
or alil!htinl! from vehicles is a Class II violation.
11.16.100 Riding on motorcycles
:\ person operating a motorcycle shall ride only upon the permanent and regular
seat attached thereto, and the operator shall not carry another person nor shall
another person ride on a motoreyele unless the motorcycle is equipped to carry
more than one person, in which event a passenger may ride upon the permanent
and regular seat if equipped for two (2) persons, or upon another seat firmly
attaehed at the rear of the seat fer the operator.
11.16.110 Unlawful riding
No person shall ride on a vehicle upon any portion thereof not designed. or intended for
the use of passengers. This provision shall not apply to an employee engaged in the
necessary discharge of a duty, or to a person or persons riding within truck bodies in
space intended for merchandise. Unlawful ridinl! is a Class II violation.
11.16.120 Clinging to Vehicles
No person riding upon a bicycle, motorcycle, coaster, roller skates, sled, or toy vehicle
shall attach the same or himself to a moving vehicle upon the streets. C1inl!inl! to
vehicles is a Class II violation.
11.16.140 Skis on streets
No person shall use the streets for traveling on skis, toboggans, sleds or similar devices
except upon play streets. Skis on streets is a Class IV violation.
Ordinance Amending Chapter 14
Page 3 of 14
11.16.150 Damaging sidewalks and curbs
A. The driver of a vehicle shall not drive upon or within a sidewalk or parkway area
except to cross at a permanent or temporary driveway.
B. No person shall place dirt, wood, or other material in the gutter or space next to the
curb of a street with the intention of using it as a driveway.
C. No person shall remove or damage a portion of a curb or move a heavy vehicle or
thing over or upon a curb or sidewalk without first notifying the City Administrator. A
person who ','iolates this seetion shall be held responsible for all damage in addition
to any penalties imposed upon eonvietion.
D. Damal!inl! sidewalks and curbs is a Class I violation. In addition to any penalties
imposed, the court shall order payment of restitution.
11.16.170 Remoying Failure to remove glass and debris
A party to a collision or other vehicular accident or any other person causing broken glass
or other debris to be upon a street shall immediately remove or cause to be removed from
the street all glass and other debris. Failure to remove l!lass and debris is a Class IV
violation.
11.16.190 Emergency ','ehie1e
The provisions oUhis title regulating the operation, parking, and standing of
vehie1es shall apply to authoFized emergency yehieles exeept as provided by the
motor ','ehie1e laws of Oregon and as fellows:
A. A driver when operating the vehiele in an emergency, exeept when otherwise
directed by a police officer or other authorized person, may park or stand
notwithstanding this title;
B. ;\ driver of a police ','ehicle, fire departmcnt "iehicle, or patrol vehie1e whcn
opcrating the "iehicle in an emergeney may disregard regulations gOYerning turning
in speeified directions as long as sueh action does not endanger life or property;
C. The feregoing exemptions shall not, however, protect the driver of the vehicle
f-rom the conselJucnees of negligent aets.
SECTION 3. Sections 11.20.010 [Signs and Signals - Obedience Required] through 11.20.040
[Private Marking Unlawful] are hereby amended to read as follows:
11.20 Signs and Signals
11.20.010 Signs and Signals Obedienee RelJuired
;\. No driyer of a vehicle shall disobey the instructions of a traffie sign, signal,
Ordinance Amending Chapter 14
Page 4 of 14
marller, barrier, or parldng meter plaeed in aceordance with the motor nhiele laws
of Oregon or thi~ Title, ine1uding tho~e erected by an authori:lled publie utility,
department of the City, or other authorized per~on, unless it is necessary to avoid
eonflict with other traffie or wHen otherwise directed by a police offieer.
B. No unauthorized person shall move, remon, deface, tamper with, or alter the
position of a traffic sign, signal, muller, barrier, or parking meter.
11.20.020 VehieJes Stopping at Stoll Signs
''''hen stop signs are erected at or near the entrance to an intersection, the driver of
a vehiele approaehing the sign shall eo me to a full stop before entering a ero~swalll
or interscction, except when direeted to proeeed by a police offieer or traffic control
signal.
11.20.030 Stop When Traffic Obstrueted
No driver shall enter an interseetion or a marked cros~walk unle~s there is suffieient
space on the opposite side of the intersection or erosswalll to aeeommodate the
yehiele without obstrueting the passage of other '/ehieles or pedestrians,
notwithstanding traffie eontrol signal indication to proceed.
11.20.040 Private Marking Unlawful
No person shall letter, mark, or paint in any manner letters, marks, or signs on a sidewalk,
curb, street, or alley, or post on a parking strip anything designed or intended to prohibit
or restrict parking in front of a sidewalk, dwelling house, business house, or in any alley,
except in compliance with this Title. Street name signs designating privately owned
streets, alleys, or driveways, may only be erected if authorized by the City Council.
Location, graphics, color, materials, and height shall be to City standards as approved by
the Director of Public Works. The Director of Public Works may allow painting of
yellow curbs designating no parking zones at private driveways to standards established
by the Director of Public Works. A permit must be obtained from the Department of
Public Works prior to installation of said yellow curb. The property owner to whom the
permit is issued is responsible for maintaining the yellow curb in good and visible
condition. Private markinl! is a Class I violation.
SECTION 4. Section 11.22.030 [Vehicle Chains Required - Penalty] is hereby amended to read
as follows:
11.22.030 Penalty
The offense described in this chapter, failure to carry chains, is a Class C violation as that
class is defined under Oregon law, Subject to the Charter limitation, failure to carry
chains shall be a Class I Class f. violation as that class is defined under Oregon law if
such failure prevents emergency services from responding to a call.
Ordinance Amending Chapter 14
Page 5 of 14
SECTION 5. Section 11.24.080 [Lights on parked vehicle] is hereby amended to read as
follows:
11.21.080 Light~ on parlled yebieJe
No Iight~ need be displayed upon a vebieJe parl.ed in aecordance with this chapter
or parked upon a street where there is sufficient light to reveal a per~on or object
upon the street witbin a distance of five hundred (SOO) feet.
SECTION 6. Section 11.28.020 [Tire Markings] is hereby amended to read as follows:
11.28.020 Tire Markings
No person shall obliterate or conceal any marking by a police officer, code compliance
or parkinl! officer of the tire of a vehicle for the purpose of preventing the police officer,
code compliance or parkinl! officer from determining the length of time that said
vehicle has been parked. Tire markinl!s is a Class IV violation.
SECTION 7. Section 11.32.040 [Penalty] regarding 11.32 [Abandoned Vehicles] is hereby
amended to read as follows:
11.32.040 Penalty
Violation of this chapter is a Class II violation, punishable in accordance with AMC
1.08.020.
SECTION 8. Section 11.40.010 [Parade - Permit required] is hereby amended to read as
follows:
11.40.010 Parade Permit permit required
No procession or parade, except a funeral procession or military parade, shall occupy,
march, or proceed along a street except in accordance with a permit issued by the Chief
of Police and approved by the City Administrator. The permit may be granted where it is
found that such parade is not to be held for any unlawful purpose and will not in any
manner tend to a breach of the peace, unreasonably interfere with the peace and quiet of
the inhabitants ofthe City, or cause damage to or unreasonably interfere with the public
use of the streets. Parade permit reQuired is a Class IV violation. '
SECTION 9. Section 11.40.040 [Driving through procession] is hereby amended to read as
follows:
11.40.040 Driving through procession
No driver of a vehicle other than an authorized emergency vehicle shall drive between the
vehicles comprising a funeral or other authorized procession while in motion except
where traffic is controlled by traffic control signals or when otherwise directed by a
police officer. Drivinl! throul!h procession is a Class IV violation.
Ordinance Amending Chapter 14
Page 6 of 14
SECTION 10. Sections 11.44,010 [Use of sidewalks] through 11.44.030 [Warrant] are hereby
amended to read as follows:
11.44.005 l)W Use of sidewalks
Pedestrians shall not use a roadway for travel when abutting sidewalks are available for
doing so. Use of sidewalks is a Class IV violation.
11.44.010 Traffie Citation Illegal cancellation of a Traffic Citation
No person shall cancel or solicit the cancellation of a traffic citation without the approval
of the municipal judge. IlIcl!al cancellation of a traffic citation is a Class I violation.
11.44.020 Crossing at right angles
No pedestrian shall cross a street at any place other than by a route at right angles to the
curb or by the shortest route to the opposite curb except in a marked crosswalk.
Crossinl! at ril!ht anl!les is a Class IV violation.
11.11.020 Citation'
For the violation of this title, except Chapters 11.28, 11.32 and I1.S2, a police officer
may issue a citation whieh shall be in the nature of a notice to appear at a time and
place certain, as reljuired by la',,,. If a person fails to comply with the terms of the
citation, the Chief of Police may send to the person, or the owner of the motor
vehiele, a letter informing the person, or the owner, of the violation with a warning
that if the letter is disregarded for a period of ten (10) days a warrant of arrest will
b.e issued.
11.11.025 Warnings and Citations by Code Enforcement Offieer and Community
Serviee Offieer
1. The eode enforcement officer or eommunit), serviee officer may issue a warning
notice for any yiolation of this eo de which is punishable as an inf-raction.
Warning notiees shall gi'ie a brief description of the violation, the name of the
cit)' department and employee to contact regarding the yiolation, the name of tHe
person issuing tile warning notice, tile date tile warning was issued, and a
statement that failure to eorreet the alleged violation or to eon tact the named
department may result in issuanee of a eitation to the municipal court. The
warRing notiee shall be sen'ed upon the person accused of the ':iolation.
2. The code enforcement officer and communit)' service officer are authorized to
enforce, and to issue a citation for, any violation of this code which is punishable
as an infraetion. The eitation and sen'ice oCthe citation shall conform to the
reljuirements ofORS IS3.110 to 153.310.
11.44.030 Crosswalk --Yse use required
Ordinance Amending Chapter 14
Page 7 of 14
In blocks with marked crosswalks, no pedestrian shall cross a street other than within a
crosswalk. Crosswalk use required is a Class IV violation.
11.11.030 Warrant
If a per&on fails to comply with the terms of a traffie citation, the Chief of Poliee
shall forthwith secure and have ser','ed a warrant fer the arrest of the person.
SECTION 11. Sections 11.52.020 [Equipment] through 11.52.070 [Bicycle License Required]
are hereby amended to read as follows:
11.52.020 ElIuipment
The following elluipment is relJuired on all bicycles and it is unlawful to operate a
bicyde without its haying such elluipment:
ft.. Bral.es. Bral.es adelluate to control the moyement of and to stop and hold such
bicyele.
B. Lights. No bicycle shall be permitted on any bicyele route, lane, street, or any
other highway between thirty (30) minutes after sunset and thirty (30) minutes
before sunrise without a dear, white light visible under normal atmospherie
eonditions from the front for not less than fin hundred (500) feet, indicating the
approach or presence of the bicycle, and also a red light or refleetor mirror visible
for three hundred (300) feet from the rear; said lights, or refleetors, must be
attaehed to the bicyde or, in the alternative, an arm light may be used ','thieh may be
placed 08 either the arm or leg of the bicyde rider.
C. :\udible Signaling Device. A bieyde rider using any sidewall. must mal.e an
audible signal to warn pedestrians they are approaehing from the rear, and at a
distance to allow the pedestrian to mon to the right in order to allow passage oethe
bicyclist on the left of the pedestrian.
11.52.030 Regulations
A. Riding on sidewalks in the C-I-D Central Business District. No person shall
ride or operate a bicycle on a sidewalk in the eentral business district or
commercial zone. Ridinl! on sidewalks in'the C-l- D District is a Class IV
violation.
B. Racing. No person shall engage in, or cause others to engage in, a bicycle race
upon the streets or any other public property of this City without permission of the
City Administrator. CHief of Police. Major races involving closure or
restructuring of city streets must be permitted pursuant to AMC 11.12.050.
presented to the City Council through the Chief of Police. Racinl! is a Class
IV violation.
Ordinance Amending Chapter 14
Page 8 of14
C. Method of Riding. A person shall not ride a bicycle other than with their feet
on the pedals and facing the front of the bicycle. No bicycle shall carry more
persons at one time than the number for which it is equipped. Method of ridinl!
is a Class IV violation.
D. Carrying Articles. No person operating a bicycle shall carry any packages,
bundles, or articles which prevent the rider from keeping at least one (I) hand
upon the handlebars and in full control of said bicycle. Carryinl! articles is a
Class IV violation.
E. Traffic Regulations. The use of a bicycle in the City shall be subject to all of
th~ provisions or laws of the State and the laws of the City, including those
applicable to the drivers of motor vehicles, except as to the latter, those provisions
that by their very nature have no application.
F. Speed on Bicycle Routes. No bicycle shall be ridden on a bicycle route at a
speed greater than reasonable and prudent for the circumstances when
approaching a pedestrian. Speed on bicvcle routes is a Class IV violation.
G. Riding Abreast. No person shall ride a bicycle upon any street, highway,
bicycle route or lane in the City abreast, or side-by-side of any other person so
riding or propelling a bicycle when it interferes or impedes the normal and
reasonable movement of traffic or pedestrians. Ridinl! abreast is a Class IV
violation.
H. Hitching on Vehicles. No person, while riding a bicycle shall in any way
attaches themselves or the bicycle to any other moving vehicle. Hitchinl! on
vehicles is a Class II violation.
I. Taldnl: or U~inl: Witllout Permi~sion. No person sllall tal.e or use any
bicyele without tile eensent of the owner.
J. Ridinl: "'IIi1e Intoxicated. It i~ unlawful for any person to operate a bicycle
on any street, higllway, bieyele lane or route of tile City while under the
influence of any intoxieont,s.
K. Bicycle Parking. No person shall park a bicycle upon a street, other than in the
roadway and against the curb, or against a lamppost designated for bicycle
parking, or in a rack provided for the purpose of supporting bicycles, or on the
curb in a manner so as to afford the least obstruction to pedestrian traffic. Bicycle
parkinl! is a Class IV violation.
J. Bicycle Impoundment. In addition to any other penalty, the court may
order impoundmeut of a bicycle used in an offense committed under this
chapter until such time as may appear iust and reasonable.
Ordinance Amending Chapter 14
Page 9 of 14
11.$2.1140 Right of Way
The operator of a bicycle emerging from an alley, driycway, bicycle lane or route,
building or otherwise approaehing on a sidewall<, and upon entering the roadway,
shall yield the right of way to all vehicles or bicycles approaching on such roadway
that are so close as to constitute an immediate hazard.
11.52.050 Responsibility of Parent or Guardian
The parent or guardian of any child shall not authorize or knowingly permit any child to
violate any of the provisions of this Chapter. Violation of this section is a Class III
violation.
11.52.060 Failure to Report Accidents
The operator of any bicycle involved in an accident resulting in injury, death, or damage
to personal property shall within seventy-two (72) hours file a written report of such
accident with the Police Department. Failure to report accidents is a Class II
violation.
11.52.070 Bicycle License Required
No persons shall operate a bicycle upon the, streets, lanes or routes of the City unless such
bicycle has been licensed as provided for in this Chapter. A non-resident who has
complied with the bicycle registration provisions of the city or county in which they are a
resident may operate a bicycle without having first acquired an Ashland bicycle license.
Bicvcle license required is a Class IV violation. In addition to any other penalty, the
court may order impoundment of a bicvcle used in an offense until such time as may
appear iust and reasonable.
SECTION 12. Section 11.52.110 [Penalties] regarding 11.52 [Bicycles] is hereby amended to
read as follows:
11.$2.110 Penalties
A. Any person '1I'ho violates any of the pro','isions of this Chapter is, upon eon','ietion
thereof, punishable as prcseribed in Section 1.08.020.
B. Upon conviction, the court may, in addition to any other penalty, order that
the bicycle that was used at the time of the offense be impounded until sueh time
as may appear just and reasonable.
SECTION 13. Sections 11.54.030 [Skateboard Regulation] through 11.54.050 [Enhanced
Penalties in Downtown Area] regarding 11.54 [Skateboards] are hereby amended to read as
follows:
Ordinance Amending Chapter 14
Page to of 14
,
11.54.030 Skateboard Regulations
The following regulations apply to the operation of a skateboard on a public street,
sidewalk or public property:
A. Protective Headgear. Any person operating a skateboard shall wear protective
headgear ofa type approved under ORS 815.052 for bicycle
helmets. Provided, however, protective headgear shall be required only when operating a
skateboard on public property includinl! streets. sidewalks and parks. Headgear is
recommended on private property. sidewall.s or public property.
B. Yield Right-of- Way. Any person operating a skateboard shall yield the right-of-way to
any vehicle, such as a motor vehicle or bicycle, or pedestrian including yielding the right
of way to any vehicle when approaching or crossing a driveway.
C. Standing Position. Any person operating a skateboard shall operate the skateboard in a
standing position unless operated in conformance with rules established by the Ashland
Park Commission within a city park designated for skateboard use under section
11.54.020.
D. Operating on Right-hand Side. While ori a street, a person shall ride a skateboard as
close as practicable to the right-hand curb or edge of the roadway.
E. Single File. No person shall ride a skateboard on any street along side another person
riding a skateboard, bicycle or motor vehicle unless overtaking and passing such
skateboard,bicycle or motor vehicle.
,
F. Equipment. No skateboard shall be operated on any public street or sidewalk between
30 minutes after sunset and 30 minutes before sunrise unless the skateboard or rider is
equipped with lighting equipment that meets the following requirements:
I. The lighting equipment must show a white light visible from a distance of at least 500
feet to the front of the skateboard.
2. The lighting equipment must have a red reflector or lighting device or material of such
size or characteristic and so mounted as to be visible from all distances up to 600 feet to
the rear when directly in front oflawfullower beams of headlights on a motor vehicle.
G. Traffic Control Devices. Any person operating a skateboard shall obey the instructions
of official traffic control signals, signs and other control devices applicable to vehicles.
H. Traffic Regulations. The operation of a skateboard on a street shall be subject to all of
the provisions or laws of the State and the laws of the City, including those applicable to
the drivers of vehicles, except as to the latter, those provisions that by their very nature
have no application.
Ordinance Amending Chapter 14
Page 11 of 14
I. Operation on Sidewalks. No person shall operate a skateboard on a sidewalk:
1. So as to suddenly leave a curb or other place of safety and move into the path of a
vehicle that is so close as to constitute an immediate hazard.
2. Without giving an audible waming before overtaking and passing a pedestrian.
3. At a speed greater than an ordinary walk when approaching or entering a crosswalk,
approaching or crossing a driveway or crossing a curb cut or pedestrian ramp and a
vehicle is approaching the crosswalk, driveway, curb cut or pedestrian ramp. This
paragraph does not require reduced speeds for skateboards either:
a. At places on sidewalks or other pedestrian ways other than places where the path for
pedestrians or bicycle traffic approaches or crosses that for motor vehicle traffic; or
b. When motor vehicles are not present.
Except as otherwise specifically provided in this chapter, an operator of a skateboard on a
sidewalk or in a crosswalk has the same rights and duties as a pedestrian on a sidewalk 'or
in a crosswalk.
J. Racing. No person shall engage in, or cause others to engage in, a skateboard race upon
the streets, sidewalks or any other public property. Provided, however, that it shall not be
a violation of this subsection ifracing occurs in conformance with rules established by
the Ashland Park Commission within a city park designated for skateboard use under
section 11.54.020.
K. Hitching on Vehicles. No person while operating a skateboard shall in any way attach
themselves or the skateboard to any moving motor vehicle.
L. Careless Riding. No person shall ride a skateboard in a careless manner. Riding in a
careless manner means the person rides a skateboard in a manner that endangers or would
be likely to endanger any person or property.
11.54.040 Penalties
Upon the first conviction for a violation under this chapter. the person shall be
punished bv a fine of $25.00. Exeept os proyided in seetion I1.S1.0S0...f A. All
subsequent violations of this chapter are Class IV violations. In addition to anv
other penalty. the court mav order impoundment of a skateboard used in an offense
until such time as mav appear iust and reasonable.
1'.ny person who 'iiolates any of the pro.iisions of this ebapter is, upon eon.iiction,
punisbable os prescribed in Seetion 1.08.020.
B. Upon eon'iiction, tbe eourt may, in addition to any otber penalty, order tbat tbe
skateboard tbat was used at tbe time of tbe offense be impounded until sucb time os
may appear just and reasonable.
Ordinance Amending Chapter 14
Page 12 of 14
I1.S4.IlSIl Enhanced Penalties in Downtown !.rea
!.ny person who yiolates any of the provisions of this chapter in the downtown area
defined in section I1.S2.1l21l.B.l is, upon con':iction, punishable as follows:
a. First offense. Upon the first conyietion for a yiolation under this chapter, the
person shall be punished by a fine of nS.1l1l (to ineIude all costs and assessments).
This fine shall not be suspended or deferred, but the court may authorize
community service in lieu of all or part of this fine.
b. Second offense. E'/ery person who is convicted of a violation of this chapter for a
second time within a five year period shall be punished by a fine not less than SSIl
nor more than $2SIl. Fifty dollars of the fine shall not be suspended or deferred, but
the court may authorize community ser':ice in lieu of all or part of this fine. In
addition, the court may order forfeiture of a slmteboard which was ridden in
violation of this chapter, unless it is proven to the court by a preponderance of the
evidence that the defendant is not the owner of the skateboard and the owner did
not or could not have reasonably Imown that the skateboard would be ridden in
yiolation of this ehapter.
e. Third or subsequent offense. E':ery person who violates this chapter a third or
more times within a fp;eDyear period shall be punishable by a fine of not less than
$11l1l.1l1l nor more than SSIlIl.IlIl. One hundred dollars of the fine shall not be
suspended or ~eferred, but the court may authorize community service in lieu of all
or part of the fine. Upon con'/iction of a third or subsequent violation of this chapter
within a w:eDyear period, the court mll)' order forfeiture of a sl.ateboard which was
,ridden in ':iolation of this chapter, unless iUs proyen to the court bra
preponderance of the evidence that the defendant is not the owner of the slmteboard
and the owner did not or could not haye reasonably known that the slmteboard
would be ridden in violation ofthis chapter. /
SECTION 14. Section 11.60.040 [Penalties] regarding 11.60 [Truck Routes] is hereby amended
to read as follows:
11.60.040 Penalties
Anv violation of this chanter is a Class IV violation. ).ny person, firm or .
corporation which '/iolates any provision of this Chapter is guilty of an infraction
and shall be subject to the penalties set forth in Section 1.IlS.1l21l.
SECTION 15. Severability. If any section, provision, clause, sentence, or paragraph of this
Ordinance or the application thereof to any person or circumstances shall be held invalid, such
invalidity shall not affect the other sections, provisions, clauses or paragraphs of this Ordinance
which can be given effect without the invalid provision or application, and to this end the
provisions of this Ordinance are declared to be severable.
Ordinance Amending Chapter 14
Page 13 of 14
SECTION 16 Savings. Notwithstanding this amendment, the City ordinances in existence at
the time any criminal or civil enforcement actions or other actions as required by state law, were
commenced shall remain valid and in full force and effect for purposes of all cases filed or
commenced during the times said ordinance( s) or portions thereof were operative. This section
simply clarifies the existing situation that nothing in this Ordinance affects the validity of
prosecutions or applications commenced and continued under the laws in effect at the time the
matters were originally filed.
SECTION 17 Codification. Provisions of this Ordinance shall be incorporated in the
Ashland Municipal Code and the word "ordinance" may be changed to "code", "article",
"section''.. "chapter' or another word, and the sections of this Ordinance may be renumbered, or
re-lettered, and typographical errors and cross references may be corrected by the City Recorder,
provided however that Sections 15 thru 17, unincorporated Whereas clauses and boilerplate
provisions need not be codi fied.
The foregoing ordinance was first read by title only in accordance with Article X,
Section 2(C) of the City Charter on the day of ,2010,
and duly PASSED and ADOPTED this day of ,2010.
Barbara Christensen, City Recorder
SIGNED and APPROVED this
day of
,2010.
John Stromberg, Mayor
Reviewed as to form:
Richard Appicello, City Attorney
Ordinance Amending Chapter 14
Page 14 of 14
CITY OF
ASHLAND
Council Communication
Ordinance Amending AMC Chapter 13 Relating to Classification of Offenses
Meeting Date: July 20, 2010 Primary Staff Contact: Richard Appicello
Department: City Attorney's Office E-Mail: appicelr@ashland.or.us
Secondary Dept.: City Attomey's Office..J1)- Secondary Contact: Megan Thornton
Approval: Martha Bennett fJ"..,(./ Estimated Time: 10 minutes
(l(\
Question:
Should the Council approve First Reading of an ordinance amending Chapter 13 to add provisions
concerning the classification of offenses, and move the ordinance on to Second Reading?
Staff Recommendation:
Staffrecommends Council approve the First Reading of this ordinance and set Second Reading for
August 3, 2010.
Background:
The Classes and maximum penalties are follows: (I) Class I: $720; (2) Class II: $360; (3) Class III:
$180; (4) Class IV: $90. The Chapter contains the following recommended classifications:
Chapter 13
Streets and Sidewalks
AMC Title Class
13.02.040 Unpermitted use or occupancy of right of way Crime
CMisd
13.02.040 Violation of code requirement, franchise, permit, I
license, concession or term, condition, or
reauirement thereof
13.03.11 0 Unpermitted use or occupancy of right of way Crime
CMisd
13.03.110 Violation of code requirement, franchise, permit~ I
license, concession or term, condition, or
requirement thereof
13.04.090A. Construction, Repair Alteration Sidewalks Crime
without Permit -Penalties CMisd
13.04.090B. Construction, Repair and Clear Sidewalks I
Penalties other
13.l2.130A. Street Evacuations without Permit- Penalties Crime
CMisd
13.l2.130B Street Evacuations - Penalties - other I
13.13.017A,B Street Oiling without permit, unapproved oil- Crime
Penalties- CMisd
13.13.017C Street Oiling - Penalties-other I
Page 1 of2
~~,
CITY OF
ASHLAND
13.16.100A,B Street Trees -without permit, abuse Penalties- Crime
CMisd
13.16.100C Street Trees - Penalties -Other- ]
]n addition to classification, Chapter 13 is modified to address the following:
. Clarification that City maintains sidewalks adjacent to its property. [13.02.050] (also in Weed
Abatement Ordinance)
. Clarification that summary abatement is handled in accordance with new section 2.31, Uniform
Violation Abatement Ordinance [13.03.1 ]5]
. Clarification that Sidewalk repair and abatement is handled in accordance with AMC 2.31.
[ 13.04.060]
Related City Policies:
Ashland City Charter Article X, Ordinance Adoption Procedures
Council Options:
(I) Move to approve First Reading of the ordinance and set second reading for August 3, 2010.
(2) Postpone First Reading to a certain date.
Potential Motions:
Staff: ConductPirst Reading:
Council: Move to approve First Reading of the ordinance and set second reading for August 3,
2010. .
Attachments:
Proposed ordinance
Page 2 of2
r~'
ORDINANCE NO.
ORDINANCE RELATING TO CLASSIFICATION OF OFFENSES,
AMENDING AMC CHAPTER 13, STREETS AND SIDEWALKS
Annotated to show deletions and additions to the code sections being modified. Deletions are
bold Iinell through and additions are bold underlined.
WHEREAS, Article 2. Section I of the Ashland City Charter provides:
Powers of the Citv The City shall have all powers which the constitutions, statutes, and common
law of the United States and of this State expressly or impliedly grant or allow municipalities, as
fully as though this Charter specifically enumerated each of those powers, as well as all powers
not inconsistent with the foregoing; and, in addition thereto, shall possess all powers hereinafter
specifically granted. All the authority thereof shall have perpetual succession;
WHEREAS, the above referenced grant of power has been interpreted as affording all
legislative powers home rule constitutional provisions reserved to Oregon Cities. Citvof
Beaverton v.lntemational Ass'n of Firefighters. Local 1660. Beaverton Shop. 20 Or. App. 293,
531 P 2d 730, 734 (1975);
WHEREAS, AMC Chapter 1.08 is being amended to establish classes of offenses for City
ordinance violations consistent with Oregon Statutes;
WHEREAS, AMC Chapter 1.08 designates all violation level offenses as Class II, unless
otherwise specified; this Chapter is being amended to specify classifications where appropriate.
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. AMC 13.02.040 E. [Public Rights of Way - Penalty] is hereby amended to read as
follows:
E. Penaltv. Knowingly occupying or encroaching upon a public right-of-way without the
permission of the City shall be considered a Class C misdemeanor offense, subject to the
limitations of AMC 1.08. Violation of any code requirement, agreement, permit, license,
or provision thereof, including any term, standard, requirement, or condition shall be
considered Class I Qass A violation punishable as provided in AMC 1.08.
SECTION 2. AMC 13.02.050 [Obligations of City] is hereby amended to read as follows:
13.02.050 Obligations of City
The exercise of jurisdiction and regulatory control over a public right-of-way by the city is .
not official acceptance of the right-of-way for public access and does not obligate the city
to open or improve any part of the right-of-way. Upon improvement of any public right-of-
way to city street standards, the city shall accept bv resolution the improvement and
maintain and repair such improvement to the standard to which it has been improved. For
purposes of wee II allatement anll similar nuisance-type ordinances imposing obligations
upon property owners. (e.e. snow removal. weeds and noxious veeetation. sidewalk
Ordinance Amending AMC Chapter 13
Page 1 0[6
maintenance) the city shall be responsible for compliance with such ordinances in public
rights-of-way adiacent to or abuttinl! city-owned or controlled real property.
SECTION 3. AMC 13.03.110 [Sidewalk Cafe, Special Event and Publication Box - Penalties]
is hereby amended to read as follows:
A. Knowingly occupying or encroaching upon a public right-of-way without the permission of
the City shall be considered a Class C misdemeanor offense, subject to the limitations of
AMC 1.08.
B. Any violation of the requirements of this chapter, not addressed in A above, shall be a Class
! Cla~s A violation as defined by AMC 1.08 and punishable as set forth in that section.
C. The City Administrator or designee is authorized to issue a citation to any person violating
the provisions of this chapter. Issuance of a citation shall trigger revocation of the permit or
agreement under Section 13.03.100 and in the event of conviction, no permit shall be issued
to the same person, entity or address, for a period of at least two years.
SECTION 4. Section 13.03.115 [Summary Abatement] is hereby amended to read as follows:
13.03.115 Summary Abatement
If the condition of any item in the City right of way, including any street or sidewalk is
. such that it creates a risk of serious injury to the persons or property, the Public Works'
Director is authorized to pursue summary abatement in accordance with Chapter 2.31
1.(18 and to charge against the responsible owner/operator the full costs of such
abatement.
SECTION 5. Section 13.04.010 [Definitions] is hereby amended to read as follows:
. 13.0Hll 0 Definitions
.
Dllty to repair and clear sidewall.~.
SECTION 6. Sections 13.04.030 [Standards and Specifications] through 13.04.050
[Supervision] are hereby amended to read as follows:
13.04.030 Standards and Specifications
A. Sidewalks shall be constructed of Portland cement concrete; shall be not less than five
(5) feet in width, and shall be located one (I) foot from the property line extending
toward the curb, unless otherwise approved by the City Council.
B. The City Administrator or desil!nee shall establish supplemental standards and
specifications for sidewalk construction, repair, or alteration to provide durable and
practical sidewalks at a suitable grade determined by the City Administrator to be in
accordance with the system of the City street grades.
C. The City Administrator or desil!nee shall report to the City Council changes in
sidewalk standards and specifications and shall keep a copy on file in the City offices for
the use of the public.
Ordinance Amending AMC Chapter 13
Page 2 of6
D. Sidewalks shall be constructed, repaired, or altered in accordance with the standards
and specifications established under this section
13.04.040 Permits
A. No person shall construct, repair, or alter a sidewalk without first obtaining a permit
from the City.
B. An application for a permit shall be filed with the City Administrator or desil!nee on a
form provided by the City, together with such other information as may be required by
the City. After determining that the proposed sidewalk construction, repair, or alteration
conforms to the applicable standards and specifications, the City Administrator or
desil!nee shall issue a permit to the applicant. If the City is requiring the repair of the
sidewalk, the permit shall state the date within which the work shall be completed.
13.04.050 Supervision .
The City Administrator or desil!nee may inspect any materials or construction details as
it may, in the Administrator's judgment, be required to insure compliance with the permit
and with the applicable standards and specifications.
SECTION 7. Sections 13.04.060 [Required Sidewalk Repairs] through 13.04.080 [Assessment]
are hereby amended to read as follows:
13.04.060 Required sidewalk repairs
A. If a sidewalk is not beinl! maintained in accordance with this Code. the City
Public Works Director or any Code Compliance Officer may issue a Notice and
Order directinl! the responsible person or entity to obtain a permit and abate the
violation within a specified number of days. not to exceed thirty (30 ) days in the
case of sidewalk repair. The Uniform Abatement Process set forth in Chapter AMC
2.31. includinl! lien provisions thereof. shall apply to all violations identified in this
Chapter and may be used to abate all such violations When the City Council
determines that a sidewall. needs repair, it shall, by resolution, direet the City
,4.dministrator to issue a notice.
B. The notice shall require the owner oCthe property adjacent to the defective
sidewall. to obtain a permit and to complete repair of the side'i\'all. within thirty (30)
days or such period of time as determined by the City Couneil. The Rotiee shall also
state that if the repair is not made by the owner, the City may repair the sidewalk
\ and the cost of the repair will be assessed against the property adjacent to thc
sidewall..
C. The City j\dministrator shall cause a certified copy of the notice to be served
personally upon the owner of the property adjacent to the defectin sidewall. or the
notice may be served by registered or certified mail, return receipt requested. If
after diligent search the owner is not discovercd, the City l\dministrator shall cause
a eertified copy of the notice to be posted in a cORspicuous place on the property and
such posting of notice shall have the same efrect as service of notiee by registered or
Ordinance Amending AMC Chapter 13
Page 3 of6
certified mail or by personal scrvice upon the owner of the property.
D. The pcrson serving the notice shall file with the City Recorder an affidayit stating
the time, place, and manner of sen'ice of notice. (Ord. 1515 S6, 1967)
13.04.070 City may make repairs
Ifrepair of the sidewalk is not completed within thirty (30) days after the service of
notice to repair, the City Administrator, or designee shall order the repair or completion
of the repair of the sidewalk done by the City. Said repair and assessment shall be
!!overned bv the Uniform Violation Abatement Ordinance. AMC 2.31. ytKm
completion of the sidewall. repair, the City f.dministrator shall submit a report to
the City Council which report shall contain an itemized statement of the cost of the
repair and the proportionate share of the eost on each lot or parccl of land aEljacent
to the sidewall. upon whiCh the repair has becn made.
B-'li.080 f.ssessment Repairs by City
Upon receipt of the report, the City Council shall, by ordinance, assess the cost of
repairing the sidewalk against the property adjaeent to the repaired sidewall.. The
assessments shall be eolleeted in the same manner as is provided f~r the eollection of
other improvement assessments. If a sidcwall. repair assessment is not paid within
ten (10) days after notiee of such assessment is gh'en, ten pereent (10~<.) of the
amount of the assessment shall be added to the assessment as a penalty
SECTION 8. Section 13.04.09 [Penalties] is hereby amended to read as follows:
13.04.090 Penalties
A. Knowin!!lv alterin!! a sidewalk. (incIudin!! construction. reconstruction. repair or
other alteration) without a permit issued bv the City in accordance with this
Chapter shall be considered a Class C misdemeanor offense. subiect to the
limitations of AMC 1.08.
B. Anv violation of the requirements of this chapter. not addressed in A above.
incIUdinl! violation of the terms and conditions of a permit or failure to maintain a
sidewalk. shall be a Class I violation as defined bv AMC 1.08 and punishable as set
forth in that section.
Any person v:ho violates any of the provisions of this ehapter is guilt). of an
infraetion shall be subjeet to the penalties set rerth in Seetion 1.08.0:20.
SECTION 9. Section 13.12.130 [Street Excavations - Penalties] is hereby amended to read as
follows: .
13.12.130 Penalties
A. Knowin!!lv excavatin!!. cuttin!!. breakin!!. di!!!!in!! uP. or dama!!in!! in any
manner. incIudin!! underminin!! or tunnelin!! under a public street or allev without a
permit issued bv the City in accordance with this Chapter shall be considered a
Class C misdemeanor offense. subiect to the limitations of AMC 1.08.
Ordinance Amending AM C Chapter 13
Page 4 of6
B. Anv violation of the requirements of this chapter. not addressed in A above.
incIudin!! violation of the terms and conditions of a permit. incIudin!! failure to
restore the work site. shall be a Class I violation as defined bv AMC 1.08 and
punishable as set forth in that section.
Any pemon ,'iolating any provision of this chapter is guilty of an inf-raction and shall
be subject to the penalties set ferth in Section 1.08.020.
SECTION 10. Section 13.13.017 [Street Oiling - Violation-Penalty] is hereby amended to read.
as follows:
13.13.017 Violation - Penalty
A. Knowin!!lv applvin!! oil to a street or allev without a permit issued bv the City in
accordance with this Chapter shall be considered a Class C misdemeanor offense.
subiect to the limitations of AMC 1.08.
B. Knowin!!lv applvin!! unapproved or contaminated oil to a street or allev shall be
considered a Class C misdemeanor offense. subiect to the limitations of AMC 1.08.
C. Anv violation of the requirements of this chapter. not addressed in A and B
above. incIudin!! violation of the terms and conditions of a permit. shall be a Class I
violation as defined bv AMC 1.08 and punishable as set forth in that section.
,A.ny person, firm or corporation violating any oCthe pro':isions of this Chapter, or
f-ailing to comply with them, is, upon conviction thereof, punishable as preseribed in
Seetion 1.08.020 of the .\shland Munieipal Code relating to infractions.
SECTION 11. Section 13.16.100 [Street Tree - Violation-Penalty] is hereby amended to read as
follows:
13.16.100 Violation - Penalty
Any person who ':iolates any of the pro':isions of this ehapter is guilty of an
infraction and shall be subject to the penalties set forth in Seetion 1.08.020.
A. Knowin!!lv removinl! a tree without a permit issued bv the City in accordance
with this Chapter shall be considered a Class C misdemeanor offense. subiect to the
limitations of AMC 1.08.
B. Knowin!!lv abusin!!. destrovin!!. mutilatin!!. electrifvin!!. poisonin!! or
contaminatin!! any tree. shrub or plant in a public plantin!! strip or on any other
public property shall be considered a Class C misdemeanor offense. subiect to the
limitations of AMC 1.08.
C. Anv violation of the requirements of this chapter. not addressed in A and B
above. incIudin!! violation of the terms and conditions of a permit, shall be a Class II
violation as defined bv AMC 1.08 and punishahle as set forth in that section.
Ordinance Amending AMC Chapter 13
.Page5of6
SECTION 12. Severability. If any section, provision, clause, sentence, or paragraph of this
Ordinance or the application thereof to any person or circumstances shall be held invalid, such
invalidity shall not affect the other sections, provisions, clauses or paragraphs of this Ordinance
which can be given effect without the invalid provision or application, and to this end the
provisions of this Ordinance are declared to be severable.
SECTION 13. Savings. Notwithstanding this amendment, the City ordinances in existence at
the time any criminal or civil enforcement actions or other actions as required by state law, were
commenced shall remain valid and in full force and effect for purposes of all cases filed or
commenced during the times said ordinance(s) or portions thereof were operative. This section
simply clarifies the existing situation that nothing in this Ordinance affects the validity of
prosecutions or applications commenced and continued under the laws in effect at the time the
matters were originally filed.
SECTION 14. Codification. Provisions of this Ordinance shall be incorporated in the Ashland
Municipal Code and the word "ordinance" may be changed to "code", "article", "section",
"chapter' or another word, and the sections of this Ordinance may be renumbered, or re-lettered,
and typographical errors and cross references may be corrected by the City Recorder, provided
however that Sections 12 thru 14, unincorporated Whereas clauses and boilerplate provisions
need not be codified.
The foregoing ordinance was first read by title only in accordance with Article X,
Section 2(C) of the City Charter on the _ day of ,2010,
and duly PASSED and ADOPTED this _ day of ,2010.
Barbara Christensen, City Recorder
SIGNED and APPROVED this
day of
,2010.
John Stromberg, Mayor
Reviewed as to form:
Richard Appicello, City Attomey
Ordinance Amending AMC Chapter 13
Page 6 of6
CITY OF
A.SHLAND
Council Communication
Ordinance Amendin~ AMC Chapter 14 Relatin~ to Classification of Offenses
Meeting Date: July 20,2010 Primary Staff Contact: Richard Appicello
Department: Legal E-Mail: appicelr@ashland.or.us
Secondary Dept.: City Recorder ~ Secondary Contact: Megan Thomton
Approval: Martha Bennett .ljfic... Estimated Time: 10 minutes
Question:
Should the Council approve First Reading of an ordinance amending Chapter 14 to add provisions
concerning the classification of offenses, and move the ordinance on to Second Reading?
Staff Recommendation:
Staffrecommends Council approve the First Reading of this ordinance and set Second Reading for
August 3, 2010
Background:
The Classes and maximum penalties are follows: (I) Class I: $720; (2) Class II: $360;.(3) Class IIi:
$180; (4) Class IV: $90. The Chapter contains the following recommended classifications:
Chapter 14 - Public Utilities
AMC Title Class
14.04.060.E. Water Rates and Regulation- I
Connection outside City Limits
14.05.120 Water Regulation! Cross Connection I
- Penalties
14.06.090 Water Curtailment - Penalties II
14.08.050 Sewer System - Failure to Connect- I
Penalties
14.09.01O.E. Sewer System Regulations- III
Phosohate Ban
14.12.095 Electric System Regulations - I
Penalties
This Ordinance also codifies existing Resolution 97-027 concerning service outside the City limits.
Related City Policies:
Ashland City Charter Article X, Ordinance Adoption Procedures
Council Options:
.(1) Move to approve First Reading of the ordinance and set second reading for August 3, 2010.
(2) Postpone First Reading to a date certain.
Page 1 of2
~.l'
CITY OF
ASHLAND
Potential Motions:
Staff: Conduct First Reading:
Council: Move to approve First Reading of the ordinance and set second readingfor August 3,
2010.
Attachments:
Proposed ordinance
Page2of2
~~,
ORDINANCE NO.
ORDINANCE RELATING TO CLASSIFICATION OF OFFENSES,
AMENDING AMC CHAPTER 14, PUBLIC UTILITIES, AND REMOVING
UNNECESSARY REGULATIONS
[Annotated to show deletielRs and additions to the code sections being modified. Deletions are
/bold ,. .~ and additions are bold underlined.
WHEREAS, Article 2. Section 1 ofthe Ashland City Charter provides:
Powers of the Citv The City shall have all powers which the constitutions, statutes, and common
law of the United States and ofthis State expressly or impliedly grant or allow municipalities, as
fully as though this Charter specifically enumerated each of those powers, as well as all powers
not inconsistent with the foregoing; and, in addition thereto, shall possess all powers hereinafter
specifically granted. All the authority thereof shall have perpetual succession;
WHEREAS, the above referenced grant of power has been interpreted as affording all
legislative powers home rule constitutional provisions reserved to Oregon Cities. Citv of
Beaverton v. International Ass'n of Firefighters. Local 1660, Beaverton Shop, 20 Or. App. 293,
531 P 2d 730, 734 (1975);
WHEREAS, AMC Chapter 1.08 is being amended to establish classes of offenses for City
ordinance violations consistent with Oregon Statutes;
WHEREAS, AMC Chapter 1.08 designates all violation level offenses as Class II, unless
otherwise specified; this Chapter is being amended to specify classifications where appropriate.
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. Section 14.04.010 [Water System - Rates and Regulations - Regulations adopted]
through 14.04.020 [Penalty for Violation] is hereby amended to read as follow:
11.01.010 Regulations adopted
The "regulations go,'erning water service" marl,ed Exhibit "A" and on fIle in the
office onhe City Recorder are incorporated into this ehapter as though fully set
forth herein and they are the rules and regulations goycrning the use and sale of
water within and without the City from the municipal water system.
11.0Hl20 Penal~' for yiolatioR
Eo/ery persoR who willfully o/iolates ORY of the provisioRs of Section 11.01.010 is,
UpOR cOR,'iction, pURishable as prescribed iR Seetion 1.08.010.
Ordinance Amending Chapter 14
10[5
SECTION 2. A new Section 14.04.060 [Water System Rates and Regulations - Service Outside
City Limits] is hereby added to codify existing Resolution 97-027, as follows:
14.04.060 Water Connections Outside City the Limits
A. No premises located outside the City of Ashland may be connected to the city
water system except as provided herein.
B. Premises outside the city may be connected to the city water system only as
follows:
1. Connections authorized bv the council prior to June 18. 1997.
2. Connections authorized bv the council for city or other l!overnmental
facilities.
3. Connections authorized bv resolution of the council where the council
finds:
i. The connection is determined to be in the best interest of the City of
Ashland and to not be detrimental to the City's water facilities or
resources.
ii. The applicant secures. in writinl!. a statement from the
Environmental Health Division. Health Department. Jackson County.
Orel!on. that the existinl! water system for the premises has failed.
iii. The failed water system cannot feasibly be repaired or improved
and there is no other feasible source of water for the premises.
iv. An Ashland water main or line exists within 100 feet of the
.premises.
v. The connection is to premises within the city's urban l!rowth
boundary.
C. Connections authorized under section B.3. above shall be made only upon the
followinl! conditions:
1. The applicant for water service pays the water connection fee for
connections outside the city and the systems development charl!es established
bv the City.
2. In the event dwellinl!s or buildinl!s connected to the water system are
subseQuentlv replaced for any reason. then the replacement buildinl! or
dwellinl! may continue to be connected to the water system ofihe City as lonl!
as the use ofthe water system will not be increased as determined bv the
Director of Public Works.
3. The applicant furnish to the City a consent to the annexation of the
premises and a deed restriction preventinl! the partitioninl! or subdivision of
the land prior to annexation to the City. sil!ned bv the owners of record and
Ordinance Amending Chapter 14
20f5
notarized so that it may be recorded bv the City and bindinl! on future
owners of the premises. The cost of recordinl! the deed restriction shall be
paid bv the property owner.
4. The property owner shall execute a contract with the City of Ashland
which provides for: payment of all charl!es connected with the provision of
water service to the property: compliance with all ordinances of the city
related to water service and use: termination of service for failure to complv
with such ordinances and that failure to pay for charl!es when due shall
automaticallv become a lien upon the property. A memorandum of the
contract shall be recorded in the county deed records with the cost of
recordinl! to be paid bv the property owner.
D. The reauirements of this Section are in addition to. and not in lieu of. land use
approvals and authorizations necessarv for extra-territorial extension of water
service reauired bv Orel!on law.
E. A violation of any provision of this chapter shall be punishable as a Class I
Violation as set forth in AMC 1.08.
SECTION 3. Section 14.05.120 [Water Regulation and Cross Connection - Penalties] is hereby
amended to read as follow:
14.05.120 Penalties
A violation of this section any provision of this chapter shall be punishable as a Class
I Violation as set forth in AMC 1.08. by a minimum fine of $500 upon eon,..ietion.
SECTION 4. Section 14.06.090 [Water Curtailment - Penalties and Enforcement] is hereby
amended to read as follows:
14.06.090 Penalties and enforcement.
The penalties for violations of this chapter shall be cumulative in that they may be in
addition to, not in lieu of, other penalties, remedies or surcharges established by this
chapter.
A. A person shall not violate or procure, aid or abet in the violation of any provision
of this chapter. A violati.on of any provision of this chapter is a Class II
Violation Class B violation and shall be punished as set forth in section 1.08.020
of the Municipal Code.
B. If a customer exceeds the maximum volume for more than one billing period, the
City may install a flow restricting device at the service meter which reduces water
flow and pressure. For services up to one and one-half inch .size the City may
install a flow restricting device of two gallon-per-minute capacity, and for larger
services, comparatively sized restricting devices for larger services, for a period
of seven days. Before normal service will be restored, a flow restrictor
installation and removal charge of$100 shall be paid by the person who
subscribes for the water service.
Ordinance Amending Chapter 14
30f5
C. Service may be terminated to any customer who knowingly and willfully violates
any provision of this chapter.
SECTION 5. Section 14.08.050 [Sewer System - Rates - Penalties] is hereby amended to read
as follow:
14.08.050 Penalties
Any person violating provisions of this chapter, incIudinl! failure to connect to an
available sewer svstem. is guilty of an infral'tion Class I Violation if convicted and
shall be subject to the penalties as set forth in Section 1.08.020.
SECTION 6. Section l4.09.01O.E [Sewer System - Regulations - Phosphate Ban] is hereby
amended to read as follow:
E. Penalty. Any person, firm, or eorporation violating any of the provisions of this
chapter is, upon conviction, there of, punishable as lIeseribell in Seetion 1.08.020.
l!uiltv of a Class III Violation and shall be subiect to the penalties as set forth in
Section 1.08.020.
SECTION 7. Section 14.12.090.A. [Electric System - Regulations - General Provisions] is
hereby added to read as follow:
14.12.090 General Provisions
A. No one, but duly authorized employees of the City, is allowed to run any service wires
on City poles or make any connection with City wires on City poles or underground or
make any connection with City wires on service side of meter and all unauthorized
persons are wamed that they are liable for such connections under Section 164.365
[Felon v - Criminal Mischief) Seetion 161,(,20, Oregon Revised Statutes.
SECTION 8. Section 14.12.095 [Electric System - Regulations - Penalties] is hereby added to
read as follow:
14.12.095 Penalties
Anv person violatinl! provisions of this chapter is l!uiltv of a Class I violation if
convicted and shall be subiect to the penalties as set forth in Section 1.08.020.
SECTION 9. Severability. If any section, provision, clause, sentence, or paragraph of this
Ordinance or the application thereof to any person or circumstances shall be held invalid, such
invalidity shall not affect the other sections, provisions, clauses or paragraphs of this Ordinance
which can be given effect without the invalid provision or application, and to this end the
provisions of this Ordinance are declared to be severable.
SECTION 10. Savings. Notwithstanding this amendment, the City ordinances in existence at
the time any criminal or civil enforcement actions or other actions as required by state law, were
commenced shall remain valid and in full force and effect for purposes of all cases filed or
commenced during the times said ordinance(s) or portions thereof were operative. This section
simply clarifies the existing situation that nothing in this Ordinance affects the validity of
prosecutions or applications commenced and continued under the laws in effect at the time the
matters were originally filed.
Ordinance Amending Chapter 14
40f5
SECTION 11. Codification. Provisions ofthis Ordinance shall be incorporated in the Ashland
Municipal Code and the word "ordinance" may be changed to "code", "article", "section",
"chapter' or another word, and the sections of this Ordinance may be renumbered, or re-lettered,
and typographical errors and cross references may be corrected by the City Recorder, provided
however that Sections 9 thru II, unincorporated Whereas clauses and boilerplate provisions need
not be codified.
The foregoing ordinance was first read by title only in accordance with Article X,
Section 2(C) ofthe City Charter on the _ day of ,2010,
and duly PASSED and ADOPTED this _ day of ,2010.
Barbara Christensen, City Recorder
SIGNED and APPROVED this.
day of
,2010.
John Stromberg, Mayor
Reviewed as to form:
Richard Appicello, City Attorney
Ordinance Amending Chapter 14
50f5
CITY OF
ASHLAND
:;>'
Council Communication
Ordinance & Resolution: Fees and Char~es for Municipal Court Administration
Meeting Date: July 20,2010 Primary'StaffContact: Richard Appicello
Department: City Attorney's Office E-Mail: Appicelr@ashland.or.us
Secondary Dept.: City Attorney's Office. 3"" Secondary Contact: Megan Thornton
Approval: Martha Bennett !lpclt.; Estimated Time: 20 minutes
Question:
Should the City Council conduct and approve First Reading of an ordinance titled, "An Ordinance
Establishing Fees and Charges for Municipal Court Administration" and move the ordinance on to
Second Reading?
Staff Recommendation:
Staff recommends the Council receive preliminary public comment on the proposed ordinance and
draft fee resolution consistent with ORS 294.160. [Note: A public hearing on the Resolution is
scheduled for August 3, 2010] Staff requests direction on the -5- Questions contained below, as well
as Concerns expressed by the Judge. Staff further recommends Council approve First Reading of the
ordinance and move the Ordinance to Second Reading on August 3, 2010.
Background:
The attached Resolution entitled "A Resolution Establishing Fees and Charges for the Administration
of the Ashland Municipal Court." will be placed on the Council's Agenda for August 3, 2010 for
approval with a delayed effective date to correspond with the effective date of the Ordinance. On
August 3, 2010 the Council may again take public input on the Resolution. If there are changes to the
Resolution, it can be delayed again but the Resolution must be adopted prior to the effective date ofthe
ordinance
Concerns:
On July 9, 2010, the Municipal Court Judge met with the City Administrator and City Attomey to
discuss the Judge's concerns, including concerns over limitation of the Judge's authority to waive fees
and charges in this Ordinance. The Judge's concerns are summarized as follows:
. The Judge wanted it clarified that the fees for City Attomey Diversion! Deferred Sentence and
amendment are not strictly cost-recovery just for the Court but also for the City Attorney's
office. See Fee #03 ($60) & fee #20 ($40). [City Charter authorizes the recovery of the costs
of prosecution]. As more fully described on the Instruction document, a City Attorney
Diversion / Deferred Sentence is a negotiated agreement between the City Attorney and the
Defendant where the Defendant is under the City Attorney's supervision for a period of time.
(The benefit is the diversion / deferred sentence can keep a crime off the defendant's record).
The Court also signs the Agreement - making it a court order punishable by Contempt. In a
regular Bench Probation, (which goes on the Defendant's record) the Defendant is supervised
by the Judge. The mandatory fee for Bench Probation pursuant to HB 2287, the surcharge law,
is $100.
Page I
ri.'
o
CITY Of
ASHLAND
. Similarly, the Judge wanted to emphasize that the $75.00 fee for Civil Compromise Costs [#4]
is not strictly cost-recovery just for the Court but also for the City Attorney's office. The Civil
Compromise statute gives the Court authority to dismiss a crime ifthe victim acknowledges in
writing that they are satisfied and on payment of costs and expenses (see statute below).
,
ORS 135.705 Satisfaction of injured person - dismissal of charges
(1)(a) If the person injured acknowledges in writing, at any time before trial on an
accusatory instrument for the crime, tbat the person bas received satisfaction for
tbe injury, tbe court may, in its discretion, on payment of the costs and expenses
incurred. enter a judgment dismissing tbe accusatory instrument.
(b) For purposes of paragraph (a) of tbis subsection, a written acknowledgment
that a civil penalty under ORS 30.875 bas been paid is not evidence that tbe person
injured has received full satisfaction for the injury and is not a compromise under
tbis section.
(2) As used in this section, "costs" includes those expenses specially incurred by the
state in prosecuting the defendant, including costs under ORS 151.505 for tbe
compensation of counsel appointed pursuant to ORS 135.045 or 135.050 and fees
and expenses paid under ORS 135.055.
In most cases civil compromise is work for the prosecution because the City Prosecutor is
responsible under statute and the Oregon Constitution to contact the victim and take into
account the victim's rights and wishes regarding the case - including the possibility of
compromise. The City Attorney must work with defense counsel to negotiate satisfaction in
the appropriate case. [City Charter authorizes the recovery ofthe costs of prosecution].
. The City Administrator and Judge wanted to emphasize that the fees for Bench Trial and Jury
Trial are policy decisions for the City Council. (See Fees # 2 and # 26). See discussion of the
Jury Trial Fee under Example on the final page of this Council Communication. See also the
Instructions for Fees 2 and 26 for background. The Judge and Administrator requested that
Council consider not only not establishing the fee (see example from St. Helens) but also
establishing the fee but giving the Judge more authority to waive the fee. This would
necessitate a change to the Ordinance in Section 4.35.030.C... The section currently reads in
pertinent part:
4.35.030 Waiver or Reduction of Fees and Charaes bv the Municipal Court.
Notwithstandina anv other provision of law. the Ashland Municipal Court or Violations
Bureau mav not defer. waive suspend or otherwise reduce the fees and charaes set
forth in the Resolution except as follows:
***
Page 20f8
r.l'
CITY OF
ASHLAND
C. Specified Fees and charqes may be waived or reduced in whole or in part when
the Municipal Court makes a written findinq supported by competent evidence in the
record (i.e. a sworn Financial Statementl that:
11 the defendant is indiqent: and
21 the defendant cannot pay the obliqation on an installment basis: and
31 the Municipal Court has imposed no fine and the Court has imposed no
other state or county assessment on the charqe.
Attorney fees may only be imposed. waived or reduced in accordance with qeneral
state law. Attorney fees shall not be waived by the Court for civil compromises and
City Attorney diversion/deferred sentences when repayment of such fees was aqreed to
as part of a neqotiated plea barqain or compromise.
The Council should consider adding the following revision to give the Court more authority to
waive the fees for Bench Trial and Jury Trial on a case by case basis:
Notwithstandinq the above. fees for Bench Trial and JUry Trial may be waived for any
reason articulated by the Court. provided the basis for the waiver is in writinq and
contained in the record of the proceedinq.
. The Judge requested an additional fee be considered conceming continuances. This fee would
be incorporated into Fee #29 [Motion Not Requiring a Hearing], as an exception to the $0.00
fee by a note that a second or subsequent motion for continuance of a matter would have a fee.
The first continuance is free. The Judge proposed $25.00 for the fee because continuances
involve additional Court staff time and generally complicate matters.
. The City Administrator questioned whether the $5.00 fee for Court-Appointed Counsel
Application fee was worth the trouble. The fee was proposed because the Court is obligated to
verify financial information submitted by a defendant in an attempt to qualify for Court-
appointed counsel and the fee is expressly authorized by statute. (See instructions). Contrary
to the Administrator's concems, the Fee is generally added to the cost of Court-Appointed
Counsel and is waived when Court Appointed Counsel fees are waived (i.e. it generally does
not exist separate and apart from attorney fees).
. The Court also asked for additional discretion in waiving the installment fee. See Ordinance
Section 4.35.020 E. which reads as follows:
E. Installment Payment. If the Court or Violations Bureau. sets UP an
installment payment plan because the monetary obliqation of the defendant will
not be paid in full within 30 days. the Court shall impose the Installment Fee and
assess interest on the iudqment as set forth in the resolution. and said fees shall
be reflected on any iudqment or aqreement.
As with the other Code section above, the Council should consider adding the following
revision to give the Court more authority to waive the fees for Installment Payment on a case
by case basis:
Page) of 8
r~'
CITY OF
ASHLAND
Notwithstandinq the above. the Installment Pavment Fee mav be waived for any
reason articulated bv the Court. provided the basis for the waiver is in writinq
and contained in the record of the proceedinq,
. All parties wanted the Council to remember that many of the fees in the Resolution (discussed
more fully below) are imposed by the State and are simply compiled for convenience - some
as recently as the 2009 surcharge (See 5 questions below)
Below this tine the Agenda item is unchanged from April 20, 2010.
This Agenda item [including ordinance, resolution and instruction document] is substantially
unchanged from what was presented in June 2009. However, because the Oregon Legislature adopted
several temporary surcharges which function as local assessments, some fees and charges are delayed
or adjusted to acknowledge the operation of the surcharge. The surcharges became effective October
2009 and remain in place until June 30, 2011.
Effective October 1,2009, HB 2287 [sections 2,10,21,26, and 27} imposes fees [i.e. surcharges} on
violation and misdemeanor convictions, bench probation and violations thereof, diversions, and
expunction. Unlike most state surcharges in the past, for Municipal Courts the surcharges collected
are delivered to the City general fund, not the State treasury. The surcharges expire July 1, 2011.
[See HB 2287AttachmentJ.
Surcharges imposed by state law are incorporated into the bail schedule (they will be reflected in the
amount written by the officer on the face of the ticket). The surcharges shall be imposed by the Court.
There is an exception only when no fine is imposed.
Summary of 2009 State of Oregon surcharges:
. $45 Violation [Section 2 (I)(c)}
. $35 Misdemeanor [Section 2(I)(b)}
. $100 Bench Probation [Section 21 (7)}
. $25 Violation of Bench Probation [Section 21 (II)}
. $100 Diversion petition (including DUll and Marijuana) [Section 26}
. $250 File an expunction application [Section 27}
Discussion:
. $45 Violation Surcharf!e [Section 2 (1)( c)f
. $35 Misdemeanor Surcharf!e [Section 2(} )(b)f
The previously proposed Ordinance and Resolution for fees and charges for Municipal Court
Administration would have imposed (and added to the bail schedule) a $40 local assessment fee for
misdemeanor crimes and $20 local assessment fee for violations. On the resolution the local
assessment consisted of two fees, numbered as fees 09 and 10:
Page 4 of 8
~~,
\
CITY OF
ASHLAND
09
10
Court Costs Crime
Court Security & Training Fee Crime
- $25.00
- $15.00
Violation- $15.00
Violation- $5.00
Local Assessment Totals
added to bail schedule
Crime
$40.00
Violation- $20.00
However, the State of Oregon imposed a higher fee (surcharge) for violations [$45 rather than $20J
and a lower fee for misdemeanors [$35 rather than $40].
Option: The Council could elect to change the local assessments in the draft Resolution from the
ftgures above to be more consistent with the state surcharge currently in effect. This way, when (and
if). the surcharge goes away the local assessment will be exactly the same. To do this the Council
would simply pass a motion to revise fees 09 wid 10 to be consistent with the surcharge. Then, line 09
and lOon the resolution would read as follows:
09
10
Court Costs n4 n5 Crime
Court Security & Training Fee n4 n5 Crime
- $25.00
$10.00
Violation - $35.00
Violation - $10. 00
Optional Local Assessment Totals
Consistent with Surcharge
$35.00
$45.00
QUESTION 1. Should fees 09 and 10 be increased for violations and decreasedfor crimes to match
the surcharge currently in effect until June 30, 1011 or should they remain as previously proposed?
Staff recommends the Council adopt fees 09 and 10 as previously proposed. NO change has been made
in the draft Resolution. [However Council has the option to make the fee consistent with current
surcharge and can direct staff to do so by motion) Staff has added a note to the Resolution.to delay
the effectiveness of these fees during the operation of the surcharge.
. $100 Bench Probation Surcharl!e {Section 11 (7)/
We did not have any fee proposedfor bench probation (State surcharge is $100.00).
A new fee would look as follows:
37
Bench Probation Fee n4 n5
Crime
- $100.00
Violation - N/A
QUESTION 1. Shouldfee 37 Bench probation be added, to go into effect after the surcharge
expires?
On the Resolution this new fee is numbered 37. This fee has been added to the proposed resolution.
Staff recommends the City add a fee for bench probation. Staff has added a note to the Resolution to
delay the effectiveness of these fees during the operation of the surcharge.
. $15 Violation of Bench Probation Surcharl!e {Section 11 (] l)J
Pagc5of8
r~'
CITY OF
ASHLAND
We do have the functional equivalent of the $25.00feefor probation violation. It is number 34 on the
Resolution Show Cause:
34
Show Cause Admission of Allegation n4n5
Crime
- $25.00
Violation -$ IO. 00
QUESTION 3. Should fee 34 Show Cause - Probation Violation remain unchanged for crimes, to
go into effect after the surcharge expires?
Staff recommends leaving the Show Cause- Probation Violation fee (for crimes) of $25.00 the same.
Staff has added a note to the resolution to delay the effectiveness of this fee during the operation of the
surcharge.
. $100 Diversion petition surcharf!e (includinf! DUll and Mariiuana) [Section 261
The $100 surcharge for diversion is added to the state fees already established for DUll and
Marijuana diversion - we had not proposed any additional fees for these state diversion programs.
QUESTION 4. Should a $100 fee be added to DUll and Marijuana diversion programs?
Staff recommends not adding any additional fee or charge in response to the surcharge. Drug and
alcohol treatment is the priority in such matters and additional fees are just an impediment to
treatment. The City has a fund for donations to loan to persons ordered to do drUg and alcohol
treatment as a condition of probation. A new fee would be counter-productive.
. $250 File an expunction application surcharf!e [Section 271
We had only proposed a localfee of$25 for expunction and the State set the charge at $250.00
Expunction does involve considerable staff time and the fee increase is justified.
19
Expunction
Crime
- $25.00
Violation -N/A
QUESTION 5. Should the fee for Expunction (sealing a record or arresf"or conviction) be
increased to be consistent with the state surcharge?
Staff recommends setting the expunction fee consistent with the surcharge at $250.00. This fee has
been revised on the proposed resolution. Staff has added a note to the resolution to delay the
effectiveness of this fee during the operation of the surcharge.
Material below the double line is essentially unchanged from June 2009 except for italics.
Page 6 of8
....
r.. .,
CITY OF
ASHLAND
The Ashland Municipal Court currently imposes several types of fees and charges for Court actions
and services~ [See 5-28 2008 email from Vicki Christensen]. In addition, court appointed counsel fees
are currently set by the Court at $250.00 per case up to five hours, then $50.00 per hour; $400.00 for a
bench trial and $600.00 for ajury trial. Finally, during last year's I i.e. 2008J Ashland Budget
Committee meeting, the Municipal Court Judge indicated a need to establish a local court fee to set up
a payment plan (commonly known as an Installment Fee).
In general, absent state law, (i.e. statute imposing a specific fee or granting specific authority to impose
. a fee), all Court fees, like all municipal court operations, are subject to City ordinances. [Ashland City
Charter: Article 15, Section I & Section 5]. The City Council may establish by Ordinance or
Resolution such fees and charges as the. Council deems appropriate. However, ORS 294.160(1)
requires the City provide for an opportunity for interested persons to comment on the enactment of any
ordinance or resolution prescribing a new fee or increasing a fee. The attached ordinance and
resolution comprehensively address all local fees and charges for Administration of the Ashland
Municipal Court. [Please review the Classification of Offenses Council Communication and power-
point presentation for explanation of how local assessment (fees) fit in with other required state and
county assessments.]
The proposed Ordinance, together with the Implementing Resolution, set forth the actions or events
triggering the imposition of a local fee or charge. "Notes" in the Resolution reference the allowance in
the Ordinance for waiver or reduction of fees within the discretion of the Court. A separate document
entitled "Instructions" explains the application of the fees and charges. A comparison matrix was
prepared by Assistant City Attorney Megan Thornton to show examples of fees and charges by other
Courts. Additional ordinance provisions concerning classification of offenses and minimum fines
[that were included in a 2008 draft of this ordinance] are presented in a separate companion ordinance
amending AMC Chapter 1.08.
While the Judge did not request this ordinance and resolution, the Installment Fee is included in the
proposed Resolution. [See No. (24)]. Several of the existing Court fees [see 5-28-08 email] are
incorporated into the Resolution to allow for public input on the fees and to clarify their application.
Some fees are simply discontinued. Several new fees are added. The Resolution also compiles in one
place other commonly used fees and charges which are required or specified in state law. [See for
example: (5 - Collection Fee), (14- Marijuana Diversion Fee),(16- Drivers License Suspension
Fee),(18 - Driving Record Fee),(25-lnterest on Criminal Judgments),(33-Per Diem Jail
Reimbursement), and (35-Subpoena Fee).]
As noted, some of the fees listed (e.g. those just above) reflect state law and are merely compiled for
convenience. As regards other fees, the City Council should carefully review the proposed Resolution,
examine the applicable Notes and Instructions and then consider and discuss whether the specified fees
and charges are desirable from a policy perspective. .Reading the Notes and Instructions (and
referenced Ordinance provisions) is absolutely necessary to inform the discussion.
For example Fee 26 is a $100 fee for a Jury Trial. This fee, per Note I is not imposed if the defendant
is found not guilty of the charged offense or a lesser included offense. The fee is imposed when the
defendant is found guilty. Note 4 grants to the Court the discretion to waive or reduce the fee based on
AMC 4.35.030C - which Ordinance provision calls for a written finding based on evidence, that the
Page 7 of8
ral'
CITY Of
ASHLAND
defendant is indigent, cannot pay on an installment basis, and further that no fine or state or county
assessments have been imposed. [These are standards for waiver or reduction of state assessments].
The Instructions clarify that the Council could in fact require a deposit for a jury trial up to $60.00
pursuant to ORS 22 1.354(3); however no deposit is being required here, the fee is imposed only if the
defendant is found guilty or settles the case within 18 hours of the trial date. (This is because jurors
are compensated at $10.00 each even ifthe matter settles the day of trial). The Council can consider
the policy decision to not require a deposit - staff made this choice, Council can override it. Council
can also consider whether the allowance for waiver or reduction is appropriate in the circumstances
described, staff made the choice that waiver or reduction is appropriate, Council can override it.
Finally, despite the policy choices made by staff, Council could decide that as a policy matter, that the
exercise of the rightto jury trial is more important"than any cost recovery, [even if expressly
authorized by statute], and that no fee should be charged so as not to cloud the right with the threat of a
fee. Some jurisdictions (e.g. St. Helens - see matrix) have made this policy choice.
Related City Policies:
City Charter Article 10, Ordinance adoption provisions
Council Options:
(I) Move to approve First Reading and continue the matter to August 3, 2010 for Second Reading.
(The Resolution will be on the Agenda for August 3, 2010 and is not currently requested to be
approved - although the Council should take comments from the public)
(2) Move to postpone approval of the First Reading of the Ordinance until August 3, 2010
Potential Motions:
Staff: [Conduct First Reading of Ordinance by Title only]
Council: Motion to approve First Reading and set Second Readingfor August 3,2010
Attachments:
Ordinance
Fee Resolution w/notes and Instructions,
Page8of8
r~'.
ORDINANCE NO.
AN ORDINANCE ESTABLISHING FEES AND CHARGES
FOR MUNICIPAL COURT ADMINISTRATION
Annotated to show aeletieHs and additions to the code sections being modified. Deletions are
bold lined through and'additions are bold underlined.
WHEREAS, Article 2. Section I of the Ashland City Charter provides:
Powers of the Citv The City shall have all powers which the constitutions, statutes, and
common law of the United States and of this State expressly or impliedly grant or allow
municipalities, as fully as though this Charter specifically enumerated each of those
powers, as well as all powers not inconsistent with the foregoing; and, in addition thereto,
shall possess all powers hereinafter specifically granted. All the authority thereof shall
have perpetual succession.
WHEREAS, the above referenced grant of power has been interpreted as affording all
legislative powers home rule constitutional provisions reserved to Oregon Cities. Citv of
Beaverton v. International Ass'n of Firefighters. Local 1660. Beaverton Shop. 20 Or. App. 293,
531 P 2d 730, 734 (1975); and
WHEREAS, Article 9, Section 1 of the City Charter also expressly provides for the recovery of
the "costs of prosecution"; and
WHEREAS, Article 15, Section 1 of the Charter for the City of Ashland authorizes the City
Council to adopt ordinances goveming the operations and conduct of the Municipal Court; and
WHEREAS, the City of Ashland Municipal Court incurs administrative costs in processing
various criminal actions as defined in ORS 131.005, including both violations and misdemeanor
offenses; and
WHEREAS, those who commit criminal actions, including violations and misdemeanor
offenses should pay at least a portion of administrative costs incurred.
WHEREAS, in accordance with ORS 294.160(1), on July 20,2010 at a regular meeting and
August 3, 2010 at a public hearing, the City Council of the City of Ashland provided an
opportunity for public comment on this proposed ordinance and on th'e proposed resolution for
Municipal Court Administration Fees; and
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1: Recitals. The above recitals are true and correct and are incorporated herein by this
reference.
SECTION 2: Short Title: This ordinance shall be known as the "Municipal Court
Administration Fees and Charges".
Municipal Court Administration Ordinance
Page 1 of6
SECTION 3. New Section: The following new Section 4.35, together with subsections thereof,
is hereby added to the Ashland Municipal Code:
4.35 Municipal Court Administration Fees and Char!!es
4.35.005 Establishment of Fees for Administration of Municipal Court.
The Ashland City Council is hereby authorized to establish bv resolution of the Council.
after compliance with ORS 294.160(1). fees andchar!!es to be imposed in criminal actions
concernin!! administration of the Ashland Municipal Court. Consistent with ORS 131.005.
"criminal action" for purposes of this ordinance includes any non-criminal violation as well
as any criminal misdemeanor offense within the iurisdiction of the Court. The
implementin!! resolution includes specific types of fees and char!!es. dollar amounts. notes
and instructions that may be modified bv future resolutions of the City Council without
amendin!! this chapter.
4.35.010 Imposition of Fees and Char!!es bv the Municipal Court.
The Ashland Municipal Court and Violations Bureau shall impose in every criminal action.
the applicable Municipal Court administration fee(s) or char!!e(s) as described in this
chapter and set forth in the resolution. unless a waiver or reduction is !!ranted in
accordance with AMC 4.35.030 or !!enerallaw. Unless properlv waived. the amount of
applicable fees and char!!es specified in the resolution shall be included as part of any
iud!!ment for all those who admit or are otherwise determined to have committed a
criminal action.
4.35.020 Imposition of Specific Fees and Char!!es.
A. Uncontested non-criminal violations/ mail. The fees for Court Costs and Court
Security & Trainin!! shall be incorporated into a bail schedule published bv the City
Administrator or desi!!nee in accordance with City Code. The incorporation of such City
fees and charl!es into the bail schedule shall result in correspondinl!lv hil!her base fiue
amounts noted on violation citations issued bv the City Police and Code Compliance
Officers. The fees for Court Costs and Court Security & Traininl! shall be included in the
base fine amount bv the Court and Violations Bureau on every iudl!ment arisinl! from a
citation that is uncontested and delivered to the Court bv U.S. mail.
B. Guiltv Pleas, Trials. & Default Jud!!ments. .If the Court or Violations Bureau in a
criminal action. finds a defendant !!uiltv after a trial. accepts a l!uiltv plea, accepts a no
contest plea. or orders a default iud!!ment (in the case of a violation. or reduced criminal
CharlIe). the Court shall impose the fees for Court Costs and Court Security & Trainin!!.
and in appropriate cases the fees for Trial or Default Judl!ments. as set forth in the
resolution. and said fees shall be reflected on any iudl!ment.
Co Diversions. Deferred Sentences. Compromises and Mediations. If the Court or
Municipal Court Administration Fees and Charges
Page 2 of6
Violations Bureau. approves a City Attorney diversion/ deferred sentence. a Court
diversion for a violation. a civil compromise, a Court mediation or City Attorney
mediation. the Court shall impose the correspondinl! fee(s) and charl!e(s) as set forth in the
resolution. and said fees shall be reflected on any such al!reement.
D. Show Cause-Probation Violation. Diversion and Other Violations. If the Court or
Violations Bureau. finds a defendant in violation of the terms of a Court probation. a Court
diversion. a City Attorney diversion / deferred sentence. an approved civil compromise. a
Court mediation or City Attorney mediation. either by admission. plea or followinl! a
hearinl!. the Court shall impose the correspondinl! fee(s) and charl!e(s) as set forth in the
resolution. and said fees shall be reflected on any iudl!ment or al!reement.
E. Installment Payment. If the Court or Violations Bureau. sets UP an installment
payment plan hecause the monetary oblil!ation of the defendant will not be paid in full
within 30 days, the Court shall impose the Installment Fee and assess interest on the
judl!ment as set forth in the resolution. and said fees shall be reflected on any judl!ment or
al!reement.
F. Fees and Charl!es - Reduction. The Court shail impose all applicable fee(s) and
charl!e(s) as set forth in the resolution. unless a waiver or reduction is l!ranted in
accordance with the criteria of AMC 4.35.030. and said fees shall be reflected on any
iudl!ment or al!reement.
4.35.030 Waiver or Reduction of Fees and Charl!es by the Municipal Court.
Notwithstandinl! any other provision of law. the Ashland Municipal Court or Violations
Bureau may not defer. waive suspend or otherwise reduce the fees and charl!es set forth in
the Resolution except as follows:
A. No fees or charl!es shall be imposed when the Municipal Court or jury. after trial,
determines that the person issued the citation or complaint did not commit the offense
charl!ed. or any lesser included offense: or
B. No fees or charl!es shall be imposed when the charl!e is dismissed by motion ofthe
City Attornev. for whatever reason. includinl! a plea barl!ain. For purposes of this section.
fees and charl!es shall not include restitution to the victim for an offense dismissed bv plea
barl!ain. Routine motions to dismiss successfully completed diversions. deferred sentences,
compromises. mediations. and like actions shall not cause such actions to be exempt from
fees and charl!es under this section.
C. Specified Fees and charl!es may be waived or reduced in whole or in part when the
Municipal Court makes a written findinl! supported by competent evidence in the record
(i.e. a sworn Financial Statement) that:
1) the defendant is indil!ent: and
2) the defendant cannot pay the oblil!ation on an installment basis: and
Municipal Court Administration Fees and Charges
Page 3 of6
3) the Municipal Court has imposed no fine and the Court has imposed no
other state or county assessment on the charl!e.
The specified fees and charl!es subject to this type of waiver or reduction are the followinl!:
Bench Trial. Discovery and Jurv Trial. Attornev fees mav onlv be imposed. waived or
reduced in accordance with l!eneral state law. Attornev fees shall not be waived bv the
Court for civil compromises and City Attornev diversion/deferred sentences when
repavment of such fees was al!reed to as part of a nel!otiated plea barl!ain or compromise.
D. After imposition of all applicable fees and charl!es for one criminal action. the
Ashland Municipal Court may waive or reduce specified fees and charl!es prescribed for
other criminal actions disposed of on the same dav. This authorized local waiver or
reduction does not automaticallv waive or reduce state and county assessments. The
subsequent actions where fees are waived or reduced shall be of equal or lesser severity to
the initial oril!inal criminal action (in terms of classification) where all fees and charl!es are
assessed. The specified fees and charl!es subject to this type of waiver or reduction are the
followinl!: Court Costs. Court Security & Traininl!. Installment Fee. Motion reQuirinl! a
hearinl!. and Show Cause.
E. The Ashland Municipal Court shall waive fees and charl!es prescribed for Failure to
Appear at Bench Trial. or Show Cause Hearinl! and. Failure to Appear at JUry Trial.
inclusive of fees and charl!es associated with anv default taken under ORS 153.102. if the
Court makes a written findinl! based on competent evidence in the record that the failure
to appear was due to circumstances bevond the control of the defendant and otherwise
throul!h no fault of the defendant.
F. The Municipal Court mav waive interest on Judl!ments in accordance with state
statute
4.35.035 Deductions from Posted Bail or Security/ Return
A. Application. In the event posted bail or financial security is forfeited for anv reason.
includinl! but not limited to. violation of a security release al!reement. or applied to
discharl!e monetarv oblil!ations imposed in a judl!ment. the applicable fees and charl!es
prescribed in the resolution shall be deducted from posted bail or financial security. unless
properlv waived or reduced pursuant to AMC 4.35.030.
B. Return charl!es. If all monetary and other oblil!ations are discharl!ed and posted
financial security is returned, the Court shall retain administrative charl!es. of fifteen
(l5%) percent of the security. and not less than five dollars ($5.00). exclusive of interest per
ORS 135.265.
4.35.040 Additional Monetary Oblil!ations
All City fees and charl!es specified in this ordinance and implementinl! resolution shall be
monetary oblil!ations in addition to. and not in lieu of. anv other State or County
Municipal Court Administration Fees and Charges
Page 4 of6
assessments. Such local fees and char!!es, to!!ether with State and County assessments shall
be added to, and shall not be deducted from, minimum fines specified bv state statute or
local ordinance.
4.35.050 No Limitation.
Nothin!! in this chapter is intended to detract from the inherent power of the Court
pursuant to !!enerallaw to impose additional fees and char!!es established in state law or
City ordinance in addition to the fees and char!!es specified herein.
4.35.060 No Taxation.
The City Council determines that the Municipal Court Administration Fees and Char!!es
authorized bv this chapter and imposed bv resolution of the City Council are not taxes
subiect to the property tax limitations of the Ore!!on Constitution.
4.35.070 Not applicable to Parkin!!.
The fees and char!!es authorized bv this chapter and the resolution do not applv to citations
for violation of parkin!! limitations established bv city ordinance, resolution or order.
SECTION 4. Suspension of certain fees and char!!es durin!! surchar!!e period.
While Ore!!on Laws Chapter 659. Sections 2, 9. 21, 26 and 27, Isurchar!!esl is effective.
(presentlv to Julv 1, 2011), specified fees and char!!es in the implementin!! resolution for
this ordinance shall be suspended. indudin!! specificallv but not limited to Court Costs.
Court Security and Trainin!!, Bench Probation Fee, Show Cause (Probation Violation),
Expunction and DUll and Mariiuana Diversion.
SECTION 5. Severability.
If any section, provision, clause, sentence, or paragraph of this Ordinance or the application
thereof to any person or circumstances shall be held invalid, such invalidity shall not affect the
other sections, provisions, clauses or paragraphs of this Ordinance which can be given effect
without the invalid provision or application, and to this end the provisions of this Ordinance are
declared to be severable.
SECTION 6. Codification.
Provisions of this Ordinance shall be incorporated in the Ashland Municipal Code and the word
"ordinance" may be changed to "code", "article", "section", "chapter' or another word, and the
sections of this Ordinance may be renumbered. or re-lettered, and typographical errors and cross
references may be corrected by the City Recorder, -provided however that Section I, and Sections
5 and 6, unincorporated Whereas clauses and boilerplate provisions and Exhibits (i.e. attached
Resolution, etc.) need not be codified.
Municipal Court Administration Fees and Charges
Page 5 0[6
The foregoing ordinance was first read by title only in accordance with Article X, Section 2(C)
ofthe City Charter on the day of ,2010,
and duly PASSED and ADOPTED this day of ,2010.
Barbara Christensen, City Recorder
SIGNED and APPROVED this
day of
,2010.
John Stromberg, Mayor
Reviewed as to form:
Richard Appicello. City Attorney
Municipal Court Administration Fees and Charges
Page 6 0[6
Instructions for Application of Municipal Court Fees and Char2es
01. Appeal Transcript Fee. In the event an appeal is filed, the Municipal Court Clerks
must prepare what is known as a transcript on appeal for transmittal to Circuit Court
(This is a compilation of certified documents filed in the case - not a verbatim
transcript). This fee is established to recover the cost of this certified copy and
transmittal service. The Ashland Municipal Court is not currently a Court of Record.
[See ORS 221.342.] Accordingly, appeals to Circuit Court are de novo, that is, the matter
is tried anew, as if nothing had happened below. [See e.g. OR$138.057(1)(a)(f); ORS
221.359; ORS 157.010 . ORS 53.090].
02. Bench Trial. No deposit is required for a bench trial which is a trial before the
Court without a jury. No fee is charged a defendant who is found not-guilty following
a bench trial on a violation or a misdemeanor. If the defendant is found guilty after
trial, the City Charter [Article 9, Section 1] specifically authorizes recovery of the cost
of the prosecution. This fee is established to recover the cost of the time spent by the
Judge, court staff, and city staff. Fees for less complicated violation trials are less than
misdemeanor bench trials. Allowance is provided for reduction or waiver of the fee in
AMC 4.35.030 C.
OJ. City Attorney Diversion/Deferred Sentencing Agreement [ORS 135.881]. - ORS
135.881 expressly permits a City Attorney to divert or defer certain criminal offenses
such that there is no adjudication in the criminal justice system - no judgment and no
sentencing order. A defendant enters a plea which is held while the defendant
performs community service or some form of treatment. Successful completion of the
diversion/deferred sentence results in dismissal of the charge. Failure to comply results
in revocation and formal sentencing by the Court. This fee is established to recover the
cost of establishing and monitoring diversion/deferred sentence agreements through
the City Attorney's office and Court. For purposes of fees and charges, a conditional
discharge on motion of the city attorney under ORS 137.533 is assessed the same fees
and charges as diversion/deferred sentence.
04. Civil Compromise Costs [ORS 135.703(1) & (2)]. Certain criminal offenses may be
civilly compromised. The civil compromise statute [ORS 135.705] requires
acknowledgement of satisfaction by the victim, in writing, and payment of all costs
and expenses incurred, [including court appointed attorney fees] as a prerequisite to
exercise of the Court's discretion to dismiss the charge. This fee is established to
recover the administrative costs associated with civil compromise, including
assurances that the victim has been satisfied and not coerced.
05. Collection Fee [25%with a maximum of $250: ORS 137.118].
Oregon statutes allow a Municipal Court to add a collection fee to a money judgment
in a criminal action. The fee is dictated by state statute and may not exceed 25% of the
Pogo 1.
-{)7-20-201o- InStructions FINALdoc
monetary obligation and shall not in any case exceed $250.00. The fee shall be waived
if the defendant pays as agreed - i.e. the defendant pays in accordance with payment
schedule arranged by the Court. If the Court show causes the defendant for failure to
pay [e.g. ORS 161.685] for a violation or a crime, and the defendant has not paid as
agreed, then the fee is not waived - because the defendant did not "pay as agreed.".
Additional charges may also be imposed when cases are assigned to a collection
agency.
06. Compliance Inspection Fee. This fee is imposed on violations when an inspection
by police, code compliance or court staff is required to dismiss the ticket. This is the
final step in a "fix if' ticket. The Court. police or staff physically inspects to make sure
the problem is corrected.
07. Court Appointed Counsel Application Fee. As with County Courts, this fee is
imposed to recover the cost of verification of information submitted on the Financial
Statement as part of applications for court-appointed counsel. In criminal cases,
qualification for court-appointed counsel is governed by ORS 135.050(1) and requires a
written and verified financial statement. If the Court, in accordance with general law,
imposes the obligation to repay attorney fees and costs, this fee is part of the costs. If
the Court waives or reduces repayment of attorney fees, this fee is also waived.
08. Court-Appointed Attorney Fees and Charges. State law prohibits paying court
appointed counsel less than thirty dollars ($30.00) per hour .ORS 135.055. The rate for
court appointed counsel appointed after the effective date of the fee resolution shall be
fifty dollars ($50.00) per hour with a cap of $300.00 when there is no trial. The cap is
increased to four hundred dollars ($400.00) when there is a bench trial and six hundred
dollars ($600.00) when there is a jury trial. The rate is per defendant, including all
associated cases; however each case that requires a bench trial or jury trial is subject to
an additional one hundred dollar s($100.00) or three hundred dollars ($300.00) per
case, over the $300 no-trial cap, respectively. Court appointed counsel fees and costs
may only be imposed, reduced or waived by the Court when supported by findings
and evidence in the record. in accordance with reauirements of state law.
09. Court Costs. This is the standard Court fee imposed for administrative costs
associated with resolution of any misdemeanors or violation. The fee is charged when
the Court finds a defendant guilty after a trial, accepts a guilty plea, accepts a "no
contest" plea, or takes a default based upon an alleged violation of a state law or city
ordinance. There are different fees for violations and crimes. There is an allowance for
the Judge to waive court costs for additional cases/counts resolved on the same day as
the first case, provided the first case is fully charged and is as serious as subsequent
cases. AMC 4.35.030.0. This fee is incorporated into the bail schedule and is therefore
paid in all cases where the ticket is uncontested. See note 19 in, Resolution regarding
susoension of this fee while state surchare:e is in effect.
Page 2-
-{)7-20-201D- Instructions FINAL.doc .
10. Court Security & Training Fee. The fee is charged when the Court finds a
defendant guilty after a trial, accepts a guilty plea, accepts a "no contest" plea, or takes
a default based upon an alleged violation of a state law or city ordinance. This fee is
incorporated into the bail schedule and is charged in every criminal action. This fee is
imposed for training or court and enforcement staff and for court room security
associated with resolution of any misdemeanor or violation offense. The fee may be
waived for additional cases/counts resolved on the same day per AMC 4.35.030.0. See
note 19 in Resolution regarding suspension of this fee while state surcharge is in effect.
11. Default Judgment. The Court may take a default judgment on a non-criminal
violation if the defendant fails to appear at first appearance [ORS 153.102(1)]. The
default fee applies also when the City Attorney reduces a crime to a violation and
when the Court, with the consent of the City Attorney, reduces a charge to a violation
upon a failure to appear. [See. ORS 161.566 & ORS 161.568] However, State, County
and City misdemeanor, assessments remain applicable. The Court shall take a default
judgment when the defendant fails to appear for trial or subsequent to first appearance
in a violation proceeding. [ORS 153.102(2)]. Defendants may request relief from a
default judgment by filing a motion, filed with the Court and served on the City
pursuant to ORS 153.105
12. Discovery. Discovery fee is charged for police records associated with an ongoing
criminal case whether or not the defendant is represented by legal counsel. The fee is
$12.00. Pursuant to Oregon law to protect victims of crimes, certain victim and witness
information must be redacted (withheld)[ORS 135.815]. Other requests for public
records are addressed pursuant to Resolution 2007-44 and subseauent Resolutions
13. Diversion of non-criminal Violation by Municipal Court.
The Judge may divert non-criminal violations, unless prohibited by statute or
ordinance. However, the Court's authority to reduce fines for violations is strictly
limited by statute. Whether the violation is a Class A, B, C, 0, or unclassified violation
the Court, "notwithstanding any other provision of law, may not defer, waive.
suspend or otherwise reduce the fine for a violation to an amount that is less than 75%
of the base fine amount." [ORS 153.093(1)] Reductions of specific fine violations are
also limited. Accordingly, even if the Court attempts to keep a violation off a
defendant's record by diverting it, the reduction in the fine is limited by state statute.
Base Fines are calculated using the formula in state law and City Ordinance and the
fines differ based upon the classification of the offense. Essentially the base fine is one
half the maximum fine with all assessments, including state, county and city
.
assessments. The violation diversion fees set forth on the table below represent the
base fine (including City Court Cost and Court Security fee), plus a uniform $25.00
diversion fee:
Page,l..
..{)7.20-20!(}-lnstructions F1NALdoc
State Base Class of Offense Diverted Citv Base with Div Fee Minimum
$427 Court Diversion: Class A Violation $447.00 $472.00 $354.00
$242 Court Diversion: Class B Violation $262.00 $287.00 $215.25
$242 Court Diversion: Unclass - Violation $262.00 $287.00 $215.25
$145 Court Diversion: Class C Violation $165.00 $190.00 $142.50
$97 Court Diversion: Class D Violation $117.00 $142.00 $106.50
varies Court Diversion: Soecific Fine Base BF+ $25.00 x .75
[Applicable violation surcharges are not reflected in the table above and suspended cihj
assessments 09 and 10 will need to be remaved from City Base and replaced with the surcharge
- This table will need to be changed However Council direction is sought on QUESTION 1 [
7-20-10 Council Communication] before the change is madeJ
The Municipal Court has no legal authority to divert misdemeanor offenses. [ORS
135.881 grants diversion authority to City AttorneyJ. [Municipal Court may not
approve a conditional discharge of a misdemeanor crime without approval of the City
Attorney under ORS 137.533.J [ORS 135.755 limits the Court's authority to dismiss a
criminal case. See State v. Stough. 148 Ore. App. 353 (1997)(Court's dismissal authority
under ORS 137.755 reserved for "severe" situations)J.
14. Diversion - Marijuana Less than an Ounce. The Oregon Legislature has
established a specific procedure for marijuana possession less than an ounce, diversion
in ORS 135.907 ORS 135.921. The specified fee is the required fee a defendant must
pay to file a petition for a marijuana diversion pursuant to ORS 135.921. An additional
evaluation fee of $90.00 must be paid to the agency providing the required diagnostic
assessment. The filing fee may be paid on an installment basis and the judge may
waive all or part of the filing fee in cases of an indigent defendant. [ORS 135.909J
Without this statutory marijuana diversion process, the minimum fine and
assessments under state statute for possession of less than an ounce of marijuana
would be $603.00 ($500 min fine, $37 state unitary assessment and $66 county
assessment). City assessments would add $20.00. [State surcharges (e.g. $100.00) are
not reflected in this fee. J.
15. Domestic Partnership Registration. The City of Ashland has a register for
domestic partners that pre-dates the Oregon State Statute providing for County
Registration.
16. Drivers License Suspension. This $15.00 fee is specifically identified in ORS
809.267 to be imposed whenever the Court suspends or restricts the driving privileges
of a defendant for failure to comply with a court order or any conditions imposed by
the court or failure to pay a fine or for failure to appear as reQuired by ORS 153.061.
17. Drivers License Reinstatement after Suspension. This is the fee paid for
Reinstatement of Driving Privileges (including producing a compliance letter)
following complete satisfaction of the monetary obligations of the defendant or other
conditions which caused the suspension.
Page 4-
-{)7~20-201o- Instructions FINAL-doc
18. Driving Record Traffic Offenses (certified) [ORS 153.624]. State law mandates
that "in addition to any other costs charged a person convicted of a traffic offense. a
court shall charge as costs and collect from any person convicted of a traffic offense
any costs incurred in obtaining any driving records relati~g to the person." The cost
of a certified record and accompanying documents from the DMV is now $11.50; $3.00
for a certified copy alone.
19. Expunction. This fee is to reimburse staff for administration of the process to seal
the records of a Municipal Court conviction or an arrest per ORS 137.225. See note 19
in Resolution regarding suspension of this fee while state surcharge is in effect.
20. Extend/Amend City Attorney DiversionlDeferred Sentence. On occasion a City
Attorney diversion or deferred sentence needs to be extended or revised. This
typically occurs when the defendant is given additional time to satisfy an obligation, or
requests a change in the obligations. Extensions or amendments are also negotiated in
lieu of revocation .and formal sentencing. This involves negotiating, drafting and
processing an amendment. This fee is intended to recover this cost.
21. Failure to Appear for Bench TriaV Show Cause Hearing. Substantial expense is
involved in preparation for a bench trial on a violation or crime. This fee reimburses
the City for preparation wasted when the defendant fails to appear (e.g. includes
witness fees, subpoenas, officer overtime, staff or attorney time, court staff and judge
time.) Fee is required to be.waived if failure to appear is due to circumstances beyond
the control of the defendant and through no fault of the defendant. AMC 4.35.030.E.
I
22. Failure to Appear for Jury Trial. Substantial expense is involved in preparation for
a jury trial. This fee reimburses the City for preparation wasted when the defendant
fails to appear (e.g. includes jury fees, witness fees, subpoenas, officer overtime. staff
and attorney time, court staff and judge time.) Fee is required to be waived if failure to
appear is due to circumstances beyond the control of the defendant and through no
fault of the defendant. AMC 4.35.030.E.
23.Forfeiture of Security. This fee covers the cost of providing notice that security
posted by the defendant will be forfeited pursuant to the process set forth in ORS
135.280. This process is often combined with a warrant.
24. Installment Fee. When the Municipal Court sets up an account for defendant to
pay a monetary obligation over time, the Court may charge a fee for setting up the
account. This fee may be waived by the Court for additional cases resolved on the
same day. AMC 4.35.030.0. The Court may also charge interest when judgments are
paid over time. ,
Page S-
-07-20-2010- Instructions FINALdoc
25. Interest on Judgments in Criminal Actions per ORS 137.183 and ORS 82.010.
The interest on criminal judgments is set by statute. ORS 137.183 & ORS 82.010. The
municipal judge may waive all or part of the interest payable on a criminal judgment.
ORS 137.183(3).
26. Jury Trial. No deposit is required for a jury trial, although Oregon law authorizes
a deposit (up to $60.00) in certain circumstances. ORS 221.354(3) No fee is charged a
defendant who is found not-guilty following a jury trial on a misdemeanor. This fee
applies if a defendant has been found guilty or settles the case less than 18 hours
before the jurors report to the Court for the scheduled trial. Allowance is provided for
reduction or waiver of the fee in AMC 4.35.030 C.
27. Mediation of criminal action tORS 135.951]. The City Attorney as well as the
Ashland Police Department may propose mediation of a criminal offense. Mediation
of crime may be part of City Attorney diversion, deferred sentence or plea bargain,
including a condition of probation. This fee is intended to recover the costs incurred in
pursuing mediation. The cost of mediation and attorney fees will be added to the fee.
28. Mediation of violation (Court Mediation). [AMC 2.28.190] Ashland Municipal
Code specifically authorized the Court to offer mediation on a violation offense. This
fee is intended to recover the costs incurred in pursuing mediation. The cost of
mediation will be added to the fee.
29. Motion Not Requiring a Hearing. No charge.
30. Motion Requiring a Hearing. This fee charged for Court time to hear motion. This
fee is waived if defendant prevails on the motion before the Court. Provision is made
to waive fees for subsequent motions resolved on the same day. AMC 4.35.030.0.
31. Non Sufficient Funds Check. This fee is charged by the City for checks returned
for non-sufficient funds.
32. Public Records Requests ICopies The Municipal Court charges the fees required
for records requests according to Public Records Resolutions 2007-43 and 2007-44, as
amended.
33. Reimbursement of per Diem Jail Cost The Municipal Court may impose a
requirement that defendant pay the cost of incarceration as general condition of
probation. State v. Johnston. 176 Or App 418, 31 P3d 1101 (2001) This per diem cost is
,
consistent with ORS 169.151(2) which also expressly permits the city to pursue legal
action (civil suit) against defendants for the per diem cost of incarceration.
Page 6-
-Q7-20-201O- Instructions FINAL.doc
34. Show Cause Admission of Allegation. This fee (also generically known as
probation violation) is imposed to recover the cost of the process to hold defendants to
the conditions of their probation or other orders of the Court. This may include but is
not limited to probation violations, diversion and deferred sentence revocations, as
well as the terms and conditions of other Court obligations. Included in this process is
the process for show cause for failure to pay on violations and crimes (punishable by
up to 30 days jail pursuant to ORS 161.685). See note 19 in Resolution regarding
suspension of this fee while state surcharge is in effect.
35. Subpoena Fee. This fee simply reflects the statutory fee for subpoenas currently
set at ten dollars, plus mileage.
36. Warrant Issued. This fee covers the cost of warrant issuance by the Court for both
violations and crimes.
37. . Bench Probation Fee This fee continues a $100 surcharge fee imposed in Oregon
Laws Chapter 659. Section 21 paragraph 7. The fee shall be imposed if the defendant is
placed on probation under the supervision of the Court. See note 19 in Resolution
rel!ardinl! susoension of this fee while state surcharl!e is in effect.
38. Withholding on County Assessment. ORS 137.309(8)(b) specifically authorizes the
City to withhold an amount equal to the reasonable costs incurred by the clerk in
collection and distribution of the County assessment imposed in ORS 137.309
4-09-10
Page 7-
-()7-20-201D-lnstructions FINAL.doc
_~i~~.~r(J, I'\PP~.~~!.I,Y_:,_~r..~~.: ~ E;!;~"" _"... .. ,
..' "0, " ~ _ ~ _. ._,... ._"..._.......~~_'...~.....__,_.__.,_... w
.. .. .... ... ~.,...~. ""_.....,.,,,.", .''''.
._,_....,.!.:"_~.!:ft:::,__I..!1
From:
To:
Date:
Subject:
Vicki Christensen
Richard Appicello
06/0212008 9:52:25 AM
Fwd: FEES
>>> Vicki Christensen OS/28/084:26 PM >>>
Fees that Court has at this time:
Collection fee-$100.00
Compliance fee-$25.00
Court fee up to $100,00 (varies on conditions)
Criminal Diversion fee (varies on charges)
Deferred Sentencing fee (varies on charges)
Dismissal fee up to $100.00 (varies on conditions)
Domestic Partner fee - $25.00
Infraction Diversion fee (varies on charges)
Non Sufficient Funds fee (set by what the bank charges the city) $24.00 at this time
Suspension fee'- $50.00
Traffic Diversion fee depends on the base fine (from 97,00 up to 500,00 sometimes more based on the
charge)
Warrant fee.$25.00 to $100,00
Copy fee - based on resolution 2007-44
Public Record fee - based on resolution 2007-43 & 2007-44
We also have Court Appointed Attorney Reimbursement fee, but no sure if that is to be included in the fee
category.
/
Fees Ashland Bend Columbia City Crook County
~nt 25 83
Ex n nt Packet Fee
DIscov8.v. Criminal 20 12 ,.
D....... . Violation 12 ,.
Court Coots
TnIttk ViolatIon 15 ,. 5
Non-tnIItIc & Ord/11lI,," VIolations 15 ,. ,.
"""'- 25 21 ,.
PtobatJon VloIatJon/Show Cause 25 ,.
Dlwtrslon CrIme - C A 60
DIversion V1oIatJons . Court 25
DIversion Marl ana 233
Divet'slon Revocation ,.
DIvwsJon ExtmWon 45
__ eonvIclioM Jon hi: reJnstlIteme 50 25 20
"""ulrJ nt .....on 15
OU nsionPadlet 11
Civil Com romtse
Mediation of ViotaUon 65
File Review Fee
FeelT F.. 35
Certifled @ofllun I Court Convtetlon
Hon-certifled of I Court Convk:tion
CertifIed ofDrivl Reconl 11.5
Non-certl... or""", - 1
Notice to OMY of Court Action
DMVSus~ , 15
Falltae to nmen ar 15
J T"-' 150 155
......h_ 00 258
Trial Fee
J TrIo'" 100 60
Bench Trial. Crimi".' 'If 60
Bench Trlal. VloIatlon '" 30
Trial Reset Fees
J TrIal <7d11 >24 hours
,.,.,., <7 bet'ote, <24 hours
_T"'"
SUmmons J Su F..
_C_
- ~
Warnnt 50 25
MfsceIlaneous PetlUonslMoUons 20 26
~ Plan Fee 25 25
nt Extension Fee
p Ext. Interest I Interest on Criminal Cases ""
Collection Fee 25% of debt <250 25% of debt <250
WIthhoIdI oRCoun Assessment '''''of -
Insufficient Funds 25
"",,",uo mentLetter
Forfeit Securi without Warrant 25
I ndod Vehicles 50
510.. of 1m nded Vehlcl.. ,.
Juror Fee ~& r ural'
Re rted tor ,ORS
"" .-
~..
TraInI Assessment all cases ,. 3
Jail Fee r cia 6.
Commun ........ ho
Uri IsF..
Essa F_
In on Fee I Fix"" Fee 25
OnU... ..ms
Performance of 0
Domestic Pa:rtnen:hl R ~trauon 25
Court Inted Counsel lcation Fee 5
Court Inled Counsel
InItJIIlFee 250
Hou Ra.. 50
llulmum for Bench Ttfal 400
llulmum for J Trio' 600
_...
Trial Translator Servtces
.....Cel1JfIed hour. JSOO max
NoI___tJn..J hour.J350max
Fees Henniston Lake Osweao Lebanon Lowell
Ex nt
~ ntPaclcot.Fee 5
D - Crtmlnal 20 . 11.5
DiscoYe - Violation
Court Costs
TndIJc VkJ/a1Jon
Non-tJ~1tk. oS Ordlnsnce VIolations
CrlmJnaJ
Probation VIoIatJon/Show Cause
DIver3Ion CrIme - C; A
DIvets/on VIoIlItIons . Court
DIvefsJon Ma IMmt
Divef3ion Revoc4tIon
DlveI3iGn Extension 25
V..... sian 1e: relnstl1femen 20
DefauIr ~ ment on
Packet
Civil Com Iso
Mediation of Violation
File RevJew Fee
I Fee I Trans F.. 25
CertlfiedC or Munlel Court Conviction
Non-certlfled ~ of IIu I Court ConvIction
Certified C of DriYln Record
Non-certifled 01 - Record
NoUce to DMV of Court Action 20
DIIY....
F.......to '"
~- Pnxeod' 20
-, 150
Bench Trial 100
TrialF..
Ju -," 50
Bench TrMI- CrlmiMJ ~ 20
8enchTrilIl.VloIation'if 15
Trial Reset Fees
TrIal <7 >24 hours
Trial <7 beforu <24 hours
Bench Trial
Summons I Su F..
-"""....
- """....
......nt 50
MJsceIImeous PetitionsIMotions 20
Plan Fee 15 5
~ExtensIon Fee 30
Ext. Interest I Interest on CrIminal Cases ...
Collection Fee 40%
Wlthholdl on COlIn Assessment
Insufficient Funds 25 30
0venI... P nt.....,
=wIIhoutw.""nt
nded Vehicles 50
of nded Vehicles 10
Juror Fee & r
tOt' ORS 10 15
to< --
WltnessF..
Trainl Assessment aU cases
Jail Fee , 20
Commun .......
Urina IsF.
~ Fee F.. I Fbl:4t Fee
DnOne ....
Performance 0'
Domestic Partnershl R 1._
C.... ntad Counsel A Ilcat10n Fee
C.... Counsel
Inlt/a/Fee
.....
llutmum for Bench TrlaJ
_wnto< TrloJ
_wn
Trial Translator Servfc:es
sr.te CettIfIed ~ hour - $500 mu:
Non-ceItJtIed hour. $350 mu
I
Ex
E PackelFee
D - Criminal 20
D . VloIation
Court Costs
TndrieVlolaIion
NorHnrftIc .. Ordinance VIoIatIoM
"""'...,
Probetlon VloIlttIonISIrow Cause
DiveISJon CrIme - C A
DIvet'sIon VIolatIons . Court
DIwBJon"." uana
Di1Iwsion Rvvocation
DIwBJon .........
V.....
Default, men!
5u nsion Packet
Fees
,
sian 10: relnstateme
..... on
Civil tse
Mediation of Violation
File Review Fee
Fee/Tra ~Fee
Certified of Mu~ I Court Conviction
NoI__.ti~n..d ofllun Court ConvictIon
Certified of DrtvI Record
Noc......... tifl""d of Drivt Record
Notice to DMV of Court Acdon
DIIY Sus
FalllII'8to ar
~~
Bench Trt./
Trial Fee
J Trial
Bench Trial - CrimInaJ
Seneh TriaI- VbratIon 'II
Triaf Reset Fees
Trial <1
Trial <7
Seneh Trial
SUmmons I Fee
,.,,~..m..CItIItions
"""" CIto.....
Wanant
Miscellaneous PetitionsIMotions
P Plan Fee
~Extension Fee
~Ext.lnbtrest/lnterest on Criminal Cases
Collection Fee
Wi on C Assessment
InsufIident Funds
Overdue nt LetlItr
Fodeit without Warrant
I VehlcIos
Sto<a "'~ ndeet Vehicles
Juror Fee & uror
to< ORS
to< &_
WltnessF..
TndnI AssessrMnt all cases
..Iai1F..
eommun" ........
UO Fee
~Fee Fee I Fix1i Fee
:n~ceof~
DomesticP~fstratlon
~tnted Counsel lcatlon Fee
~fnted Counsel
In...,Fee
Rate
llutmum far Bench TrfaI
lluimum fot' TrIal
_urn
Trild Translator ServIces
Slate CertiIled hour . $500
NIX~I1n.J hour- P50
,-
~
,Z< .....
<24 .....
McMinnvil1e
Newberg
Saint Helens
Roseburg
7
10
10
25
25
65
45
15
15
75
75
35 35
5
3
11.5
1
30
200
100
20
100 ,
30
30
50
100
15
25
15
50 50
20
15%ofdebt:s150 25
25% of debt <250 25% of debt <250
'''''01 debt
25 25
15
10 10 5
20 10
10 10 10
2
25
40
40
40
25
5
AcIu..Coot
40
400
600
300
55
37.5
~ Fees
~:::packetFee
D - Crtmlnal 20
DIscove - Violation
Court Costs
Tnlftlt:VloIatJon
NotHndric a OrdInance VIolations
CrlmIMJ
ProbIItIon VloIat/onlSltow Caiuse
Divef'sionCrlme-C A
DiversIon VIohttions . Court
DIversion". uana
Divenion Revocation
Dlvel'Slon Extension
v.e.te convlctJon/su nsian ie: re/nstllteme
Default J ment loIatJons on
Su nslon Packet
CivilCom Iso
MedJation of Violation
File Review Fee
Fee IT Fee
Certified of Mu~ Court Conviction
Hon<ertIfled or:~ I Court ConvtcUon
Certifled of DrivlnaRecord
Non-c:ertifted Co of DrivI R1tcord
Notice to DMV of Court Action
DMV Sus ~ion
Failure to ~ ar
nmenrlSubs uent ProceedI
Ju Trial
Bench Trial
TrialF"
. Trio'
Bench Trial. CrlmlMl if ~
Bench TrlIIJ - VJoIdDn ~
Trial Reset Fees
-$..1"., <7 ~ >2fhours
~Trlal <7 d!l!.. before. <24 hours
Bench Trt.I
Summons/Su naF..
_C-.
".". CJ-.
W....nt
MtsceUaneous PetitionsIMotions
~ Plan Fee
~ ExtensIon Fee
Eat. Intents! I Interest on Criminal Cases
Collection Fee
WdhhoId on Cau Assessment
Insuffldent Funds
OVerdue nt Lett8r
Forfeit Securi wfthout Warrant
I nded Vehicles
5 of I nded Vehicles
Juror Fee & r
for OR'
for __
Witness Fee
T Assess..-nt an cases
~::m- hau
~e.' Fix"""
anune ms
Perfonnance of Marri .
DomesUc Partnershi tstration
Court Inteet Counsel lcatlon Fee
Court Counsel
/nJti.,_
.....
Maximum faT Bench Tlta'
lluimum for Ju TrtIlI
_mum
Trial Translator Services
State~~ hour.'500mB
NotH:eTtJtJed U!!!... hour - $350 max
Sandv
Sherwood
25
25
Sutherlin Sweet Home
20
50
20
50
50
(
25 50
100
25
25 25
15
100
100
25 25% of debt <250 15
25
25% of debt <250
20
25
25
60
25
150
Fees
Tigard
-m1W..~l.r;"t~'Z ~_;;)~jf_ _ _ r_-
Troutdale
nt
nt Packet: Fee
:'::Crirnlnal20'
D . VIoIstIon
Court.Costs
---
_NoIJ;bwmc:~&~Ord/nanceIVlolMlolu~~ ~~~b';;f~~'~:~~ i'f'~~i'I:'i;t"#,~,_,;' '-"
CdmbuJ
_ProbetIonlVlollldonlShow.C.UH ~~25 17'i;;.':>'~ -;',.;.;,':":- "'?
DttIetsIon Cttme. A 150
_DMnIoniV1olatlons:E:CouIt~~'!2:~i' ~.>i~ _~ _~ll~ ~.'f~"t;,;~.--:>:::~', ;~.
Ditlel'SIon uana
.Divenl:Ion.RvvocatIonDWW~~~ ~ ~f~):{:';t~.i;-;..;;
Dlwet'slon ExtensIon 20
_Vacate~ ''Ie;,'reJ: - ,~ _15 lIftII;l'~f.F.~:',~,
Dehutr J on
nsion'P.acket ~~...;::~~~ ~~~f~ ~ji~...'>.2<1.~.'~'-
_~ I'ti.~.~.:~j'
~...~ Ji;l~~B:~--~-----
"'I"~';";';'
~,':t'-!:-'f{i ~~'iit~L.g; ~\~;'':'llc:~:!_:
5
5
Civll:Com romlse
Mediation of Viotation
f.11e'Review,Fee
F..,T Fee
Certffied:C :of.Munkl l:eOLlrt,Conviction~ ~1m~ I\t:>;t::.'?,.~~~~';:i
Non-certlfled of Munk: 1 Court Convictlon
CertifJed:C :of.Drlvln 'Record
Non-c:ertifled of Drtvt Record
NotIco:to~DMWof,Court'AcUon~~m..~~~ ;MjiRii
OIlY Sus nsian
Fallunt:to' 8( --.~~~~~,~ ~~ ~..i'~~~1p~1.\,~;:'
nmenttSubs uent Ptoceedl
-= ITrlltI
Bench Trill'
TrialF..
J Tria,
_BenchlTrta/:;::'CrlmInal
8enc:llTriaI-VIoIatIon 11
Trial Reset Fen
J Trial <7
-= iTIU/ <e7i
_Trial
SUmmons'I. .F.....am:;'.f:~~;y_~ ___
No.AI.m... cations
.. ;cn.tJons~~"mi!!
Wsmont
MlsceUaneous.P.etftionsIMotins~~~--~~
Planf..
extensJon~ F...
En Interest I Interest on CrimInal Cases
CoIIection'F...
WIthhoIdJ on Cou Assessmont
tnsumcIenI:'F.unds
OVerdue Letter
F.odeit .wIthout.Wanant1ll!:Jtli~
I nded Vehicles
Stora ~or.lm ndechVohlcles'
Juror F.. &
-
W;'t~a=:~,~1~m ~~150 ~;,ti1r;;r.~';;,,-c;.
"-':.w""'''"f'~~~~Q~'lSt~~~\,'
~
~ !1~.ai,Fvtil'Iif!t~~\'~
u~ ~~~~~',~t~f'
....~~~j(~~~~~~"t.;~1,~.;:t;;r'
R~Wi;',"";-:'i:oj,J;~c..~~t~ ~h!W~1l ift~~Wi;~:)t.i
-..........
~IA~'.!
~'~~
alf
~& Rro":,,",~"(.<<,
-:ilrr.li.lJW ~ WiRR~,s?,~
-
if.:li,'"i.;~.1!f~c>;-.:w.
m l'-2~l~~ftr:~
50
~"f~ n<:t~~~~,;<;.w~:,-'>
15
~"."~ iit:;.~?~T.~~~';"
~-:';::ij'j:~,~ ;;;:.l0<'_?:.:~,:fi!t-:1:ill"li"t'
-~ --a ~~.1.';J't;:';'l"': i:'-':P:'":"::;1.':').~~NJ::~'
10
~~~ lr,'~":"'^:;,;:A;;':~~,j:'i(t';:".
;d
.h..& ....!I!R1:
'~~~ 1!:1~;};;Ml~i-rl;';.~'::;'::'~'
~ ~,Jj';'~'';~!;~'NI'..Jtl&,!''.r;W:,~
Dillil JR~~
:MIII.n. _........itIt~
~
-
_1IiR!:
I~JhJ~
17
~~ ~--..
'ft'..fi
'F...
--........ Bill!
-DQt
1
-.-..
~
Page 1
Chapter 6S9 Oregon laws 2009 (Enrolled HB 2287)
Index of Surcharges and Fees By Page of Enrolled ~i11 (Attached)
Section 1
Section 1a
Establishes the Judicial Surcharge Account (JSA) (eff. on passage)
Provides for surcharges and fees created in the bill to be deposited to
the JSA (eff. on passage)
The JSA is the Judicial Department Stabilization Fund
Page 2
Page 3
Page 6
Page 11
Page 13
Page 17
Page 22
Page 23
Section 2
Section 3
Section 4
Section 9
Section 13
Section 14
Section 21
Section 2S
Section 26
Section 27
Section 28
Establishes Offense Surcharges
Extension of 2007 surcharges to September 30,2009 (eff. on passage)
Establishes Surcharges Operative October 1, 2009 for fees
Removes $200 cap on the security release cost of 1S % of the security
deposit for any security release agreement
Third-party Complaint Fee (paid by 3'" Party Plaintiff and each 3'. Party
Defendant appearing)
Civil filing fee changes
1. Increases base filing fee for Plaintiff and Respondent
2. Creates new "additional party" fee to be paid for "each additional
party" by plaintiff or moving party and each appearing defendant or
respondent
3. Creates "amount claimed" fee schedule to be paid by each plaintiff
and any defendant or respondent
Creates Bench Probation Fee and Probation Violation Assessments
Creates the fee for an annual or final accounting in a probate proceeding
or a conservatorship proceeding.
Creates a DUll Diversion program administration fee paid by defendant
Creates a fee to be ordered by the court upon the filing of a motion to
set aside a conviction
Creates an "additional party" fee for appeals or petitions for judicial
review in Court of Appeals and Supreme Court
Page 24
Page 25
Page 26
Section 32
Section 33
Section 34
Section 38
Creates a settlement conference fee to be paid by each party
"participating in the conference/I in the circuit court in civil, domestic
relations, adoption, name change and probate
Creates an appellate continuance fee
Raises the cap on the account receivable fee
Creates a fee for "filing or submission of an ex parte order or judgment
for purposes of signature by the judge"
The October 1 effective date surcharges, fees, and assessments established in this Act have a June 30,
2011 sunset clause.
75th OREGON LEGISLATIVE ASSEMBLY -2009 Regular Session
Enrolled
House Bill 2287
Ordered printed by the Speaker pursuant to House Rule 12.00A (5), Presession filed (at the request
' of House Interim Committee on Judiciary)
.
CHAPI'ER ................"........,......,....,..........
AN ACT
Relating to courts; creating new proVlslOns; amending ORB 1.202. 18.999, 21.010, 21.110, 36.170,
135.265. 137.540 and 153.125 and section 15, chapter 860, Oregon Laws 2007; appropriating
money; declaring an emergency; and providing for revenue raising that requires approval by a
three-fifths majority.
Be It E__ by the People of the State of Oregon:
JUDICIAL SYSTEM SURCHARGE ACCOUNT
SEC'nON 1. (1) The Judicial System Surcharge Account Is established In the General
Fund of the State Treasury. All moneys In the account are continuously appropriated to the
Department of Revenue to he distributed by the Department of Revenue according to allo-
cations made by the Legislative Assembly. The Department of Revenue sball keep a record
of moneys transferred into and out of the account.
(2) The Department of Revenue sball deposit In the General Fund all moneys ...."'Alnl..g
In the account after the distributions required by subsection (1) of this section have been
made. Moneys deposited In the General Fund under this subsection are available for general
governmental purposes.
SEC'nON Is. (1) During the biennium commencing July 1. 2009, the Department of Re-
venue shall make monthly distributions from the Judicial System Surcharge Account. The
department may not make a monthly distribution If the balance In the account Is less than
$500.000 at the time the distribution would otherwise he made.
(2) Before a monthly distribution is made by the department under this section, the de-
partment shall distribute to Itself the lesser of 0.05 percent of the balance In the Judicial
System Surcharge Account or the amount necessary to pay the department's costs incurred
in adlllinistering the account.
(3) As soon as possible after making tha distribution required by subsection (2) of this
section, the Department of Revenue shall make the foDowlng distributions from the Judiclal
System Surcharge Account:
(8) To the Judicial Department, 65 percent of the remAining balance in the account, to
he used for court operations. Amounts distributed to the Judicial Department under this
paragraph In the biennium commencing July 1. 2009, may not e",ceed $6.5 million.
(b) To the Public Defense Services Commission, 35 percent of the """'Alnl..g balance In
the account, to he used for triaI.level Indigent defense. Amounts distributed to the Public
Enrolled Ho11l!e Bill 2287 (lIIl 2287-B)
Page 1
Defense Services Commission under this paragraph in the biennium commencing July 1, 2009,
may not exceed. $3.5 million.
OFFENSE SURCHARGE
SECTION 2. (1) In all cases of conviction for the commission of a crime or violation,
excluding parking violations, the trial court, whether a circuit, justice or municipal court,
shall impose upon the defendant, in addition to any fine, cost or other monetary obligation
imposed, an offense surcharge under this section. Except when the person successfully as-
serts the defense set forth in ORB 419C.522. the offense surcharge shall also be imposed by
the circuit court and county court in juvenile cases under ORB 419C.OO5 (1). The offense
surcharge is a penal obligation in the nature of a fine and shall be in an amount as foUows:
(a)'$35 in the case of a felony.
(b) $35 in the case of a misdemeanor.
(c) $45 in the case of a violation as described in ORB 153.oos.
(2) A court may waive all or part of the offense surcharge required by this section only
if the court imposes no fine on the defendant.
(3) The offense surcharge required by this section shall be imposed only for offenses that
are committed on or after October 1, 2009, and before July 1, 2011.
(4) Offense surcharges imposed under this section are part of the base fine for the pur-
poses of ORB chapter 153.
(5) Offense surcharges imposed in a circuit court under this section are category 3
monetary obligations for the pUI'poses of ORB 137.295 and shall be collected as provided in
ORB 137.295. Offense surcharges imposed in a justice court, county court or municipal court
under this section are category 4 monetary obligations for the purposes of ORB 137.295 and
shall be collected as provided in ORB 137.295. Amounts collected as offense surcharges under
this section may not be deposited in the CrlmlnaI FIne and Assessment Account, or trans.
ferred to the Department of Revenue, under ORB 137.295 (5), but must be deposited or paid
as follows:
(a) Offense surcharges imposed in circuit courts shall be deposited by the Department
of Revenue in the Judicial System Surcharge Account.
0.) Offense surcharges imposed in a justice ";'urt or county court shall be paid to the
county treasurer.
(c) Offense surcharges imposed in a municipal court shall be pald to the city treasurer.
(6) The collections and revenue management program established under ORB 1.204 may
not be reimbursed under ORB 1.204 &om amounts Imposed as offense surcharges under this
section.
SECTION 20. ORS 153.125 is amended to read:
153.125. (1) The base fine required in violation proceedings under this chapter is the sum of a
foundation amount calculated under ORB 153.125 to 153.145 plus the unitary and county assessments
established under ORS 137.290 and 137.309, and the offense surcharge under section 2 of this
2009 Act, for the violation. The amount of the county assessment under ORS 137.309 shall be cal-
culated using the foundation amount determined under ORS 153.125 to 153.145. and may not be
calculated using the maximum fme for the violation.
(2) Except as otherwise provided in ORB 153.125 to 153.145, the foundation amount to be used
in calculating the base fine required in violation proceedings under this chapter is 50 percent of the
maximum fine established for the violation.
(3) Except as otherwise provided in ORS 153.125 to 153.145, the foundation amount to be used
for a specific fine violation in calculating the base fine required in a violation proceeding under this
chapter is the maximum fine provided for the violation.
(4) If the law creating a violation establishes a minimum fme, and the foundation amount cal-
culated for the violation under ORS 153.125 to 153.145 is less than the minimum fine for the via-
Enrolled House Bill 2287 (HB 2287-B)
Page 2
lation, the foundation amount to be used in calculating the base fine required in a violation
proceeding under this chapter is the minimum fine established for the violation.
SECTION 2b. The amendments to OKS 153.125 by section 2a of this 2009 Act apply only
to offeJlBes that are committed on or after October 1. 2009, and before July I, 2011.
SECTION 2c. ORB 153.125. as amended by section 2a of this 2009 Act. is amended to read:
153.125. (1) The base fine required in violation proceedings under this chapter is the sum of a
foundation amount calculated under ORB 153.125 to 153.145 plua the unitary and county assessments
established under ORB 137.290 and 137.309~ and the offense surcharge under section 2 of this 2009
Act,] for the violation. The amount of the county assessment under ORB 137.309 shall be calculated
using the foundstion amount determined under ORB 153.125 to 153,145, and may not be calculated
using the maximum fme for the violation.
(2) Except as otherwise provided in ORB 153.125 to 153.145, the foundation amount to be used
in calculating the base fine required in violation proceedings under this chapter is 50 percent of the
maximum fine established for the violation.
(3) Except as otherwise provided in ORB 153.125 to 153.145, the foundation amount to be used
for a specific fine violation in calculating the base fine required in a violation proceeding under this
chapter is the maximum fine provided for the violation.
(4) If the law creating a violation establishes a minimum fine, and the foundation amount cal-
culated for the violation under ORB 153.125 to 153,145 is less than the minimum fine for the vio-
lation, the foundation amount to be used in calculating the base fine required in a violation
proceeding under this chapter is the minimum fine established for the violation.
SECTION 2d. (1) The amendments to OKS 153.125 by section 2c of this 2009 Act become
operative July I, 2011.
(2) The amendments to OKS 153.125 by section 2c of this 2009 Act do not affect the im.
position of a surcharge under section 2 of this 2009 Act for an offense committed on or after
October I, 2009, and before July I, 2011.
EXTENSION OF 2007 FILING FEE SURCHARGES
TO SEPTEMBER 30, 2009
SECTION 3. Section 15, chapter 860, Oregon Laws 2007, is amended to read:
Sec. 15. (1) In addition to the fees provided for in ORB 21.010 (1). for the period commencing
September 1. 2007, and ending [June] September 30. 2009, at the time of filing a response in the
Court of Appeals or the Supreme Court. the State Court Administrator shall collect a surcharge of
$8.
(2)(a) In addition to the fees provided for in ORB 21.110 (1). for the period commencing Septem-
ber 1. 2007. and ending [June] September 30, 2009, at the time of filing in the circnit court of any
civil action, suit or proceeding, including appeals, the clerk of the circuit court shall collect from
the plaintiff, appellant or moving party a surcharge of $5. In addition. at the time of filing any ap-
pearance in any such action, suit or proceeding upon the part of any defendant or respondent ap-
pearing separately, or upon the part of defendants or respondents appearing jointly, the clerk shall
collect from the party or parties a surcharge of $4.
(b) In addition to the fees provided for in ORB 21.110 (2), for the period commencing Sepu,mber
I, 2007, and ending [June] September 30, 2009. the clerk of the circuit court shall collect a sur-
charge of $3 from the plaintiff, appellant or moving party, and shall collect a surcharge of $3 from
any defendant or respondent appearing separately, or upon the part of defendants or respondents
appearing jointly, in the actions described in ORS 21.110 (2).
(3)(a) In addition to the fees provided for in ORB 21.111 (1), for the period commencing Septem-
ber 1. 2007, and ending [June] September 30, 2009, in the proceedings specified in ORB 21.IIl (2)
the clerk of the circuit court shall collect a surcharge of $5 from the petitioner at the time the pe_
tition is filed, and shall collect a surcharge of $3 from the respondent upon the respondent making
an appearance.
Enrolled House Bill 2287 (lIB 2287-B)
Page 3
(b) In addition to the fees provided for in ORB 21.111 (3), for the period commencing September'
I, 2007. and ending [June] September 30, 2009, the clerk of the circuit court shall collect from the
moving party a surcharge of $3 at the time of the filing of a motion for the modification of a decree
of marital annulment, dissolution or separation, if the motion is fIled more than one year after the
entry of the decree in the register of the court.
(4) In addition to the fees provided for ORB 21.114 (1), for the period commencing September 1.
2007, and ending [June] September 30, 2009, the clerk of the court shall collect:
(8) In an adoption proceeding, a surcharge of $2 from the party filing the petition for adoption
and a surcharge of $1 from an objecting party appearing separately or objecting parties appearing
~~ .
(b) In a change of name proceeding, a surcharge of $2 from the party filing the application for
change of name and a surcharge of $1 from an objecting party appearing separately or objecting
parties appearing jointly.
(5) In addition to the fee provided for in ORS 21.114 (3), for the period commencing September
1. 2007, and ending [June] September 30, 2009, in any adoption or change of name proceeding in a
court having jurisdiction, the clerk of the court shall collect from the party having the affirmative
of the issue, at the time the proceeding comes on for trial or hearing upon the issues of fact or law
involved therein, a surcharge of $2.
(6)(a) In addition to the trial fee provided for in ORB 21.270 (2), for the period commencing
September 1. 2007. and ending [June] September 30, 2009, the clerk of the circuit court shall collect
from the plaintiff, appellant or moving party, for a trial on the merits without a jury, a surcharge
on the trial fee of $4 for each full or partial day of the trial.
(b) In addition to the jury trial fee provided for in ORB 21.270 (3), for the period commencing
September 1. 2007, and ending [June] September 30, 2009, the clerk shall collect from the plaintiff
or appellant, for a trial by a jury of more than six persons, a surcharge on the jury trial fee of $10
for each full or partial day of the trial. The clerk shall collect from the plaintiff or appellant, for a
trial by a jury of six persons. a surcharge on the jury trial fee of $6 for each full or partial day of
the trial.
(7) In addition to the hearing fee provided for in ORS 21.275 (3). for the period commencing
September I, 2007, and ending [June] September 30, 2009, the clerk of the circuit court shall collect
a surcharge on the hearing fee of $2 if the hearing period is not more than three hours or $4 if the
hearing period is more than three hours.
(8)(a) In addition to the fees provided for in ORB 21.310 (1), for the period commencing Septem-
ber I, 2007. and ending [June] September 30, 2009, the clerk of the court shall collect the following
surcharges for the filing of the initial papers in any probate proceeding, including petitions for the
appointment of personal representatives, probate of wills and contest of wills, or in any
conservatorship proceeding;
Where the amount of the estate is:
1. Not more than $10,OOO--a surcharge of $1.
2. More than $10.000 and not more than $25,OOO--a surcharge of $4.
3. More than $25,000 and not more than $50.000--a surcharge of $8.
4. More than $50,000 and not more than $100,OOO--a surcharge of $12.
5. More than $100,000 and not more than $500,OOO--a surcharge of $15.
6. More than $500,000 and not more than $I,OOO,OOO--a surcharge of $19.
7. More than" $I,OOO,OOO--a surcharge of $23.
(b) In addition to the fee provided for in ORB 21.310 (3), for the period commencing September
I, 2007, and ending [June] September 30, 2009, the clerk shall collect a surcharge of $1 for the filing
of the iuitial papers in any guardianship proceeding.
Enrolled House Bill 2287 (HB 2287-B)
Page 4
(c) In addition to the fee provided for in ORS 21.310 (5), for the period commencing September
I, 2007. and ending [June] September 30, 2009. at the time of filing any answer. motion or objection
in a probate proceeding or protective proceeding under ORB chapter 125, the party filing the an-
swer, motion or objection shall pay a surcharge of $1 to the clerk.
(d) In addition to the fee provided for in ORB 21.310 (7), for the period commencing September
1. 2007, and ending [June] September 30, 2009, the clerk shall collect from the party having the
affirmative of the issue, at the time the proceeding comes on for trial or hearing upon the issues
of fact or law involved therein, a surcharge on the trial or hearing fee of $2.
(9) In addition to the fees provided for in ORB 21.325 (3). for the period commencing September
1. 2007. and ending [June] September 30. 2009, the clerk of the court shall collect a surcharge of
$2 for the fIling of a copy of foreign judgment and affidavit filed as provided in ORB 24.115 and
24.125 or the filing of a copy of child custody determination of another state filed as provided in
ORB. 109.787.
(10) In addition to the fee provided for in ORB 34.340. for the period commencing September 1,
2007, and ending [June] September 30. 2009, the clerk of the court shall collect a surcharge of $1
upon the filing of a petition for a writ of habeas corpus.
(11) In addition to the fees provided for in ORB 36.520 (5), for the period commencing September
1, 2007. and ending [June] September 30, 2009. the clerk of the circuit court shall collect from the
party making application for setting aside under ORB 36.520 (1) a surcharge of $2 and from a party
filing an appearance in opposition to the application a surcharge of $1.
(12) In addition to the fee provided for in ORB 36.522 (3), for the period commencing September
1, 2007. and ending [June] September 30, 2009, the clerk of the circuit court shall collect a sur-
charge of $1 for the filing of an arbitral award or application for enforcement of an arbitral award
under ORB 36.522.
(13) In addition to the fee provided for in ORB 36.524 (1). for the period commencing September
1, 2007, and ending [June] September 30. 2009. the clerk of the circuit court shall collect a sur-
charge of $1 for the filing under ORB 36.524 (1).
(14) In addition to the fee provided for in ORB 36.615 (1)(b), for the period commencing Sep-
tember 1. 2007. and ending [June] September 30, 2009, the clerk of the circuit court shall collect
a surcharge of $2 upon the filing of a petition to seek confirmation, vacation, modification or cor.
rection of an award under ORB 36.700, 36.705 or 36.710, and a surcharge of $1 from a person filing
an appearance in opposition to the petition.
(15) In addition to the fees provided for in ORB 46.570 (1). for the period commencing September
1. 2007, and ending [June] September 30, 2009. in the small claims department of a circuit court the
clerk of the court shall collect:
(a) A $1 surcharge when a plaintiff mes a claim and the amount or value claimed does not ex-
ceed $1,500;
(h) A $2 surcbarge when a plaintiff files a claim and the amount or value claimed exceeds $1,500;
(c) A $1 surcharge when a defendant demands a hearing and the amount or value claimed by
the plaintiff doos not exceed $1,500; and
(d) A $2 surcharge when a defendant demands a hearing and the amount or value claimed by
the plaintiff exceeds $1,500.
(16)(a) In addition to the fees provided for in ORB 105,130 (2), for the period coomiencing Sep-
tember "I, 2007, and ending [June] September 30, 2009, upon filing a complaint in the case of a
dwelling unit to which ORS chapter 90 applies, the clerk of the court shall collect a surcharge of
$3.
(b) In addition to the fees provided for in ORB 105,130 (3). for the period commencing September
1, 2007. and ending [June] September 30, 2009, if the defendant demands a trial after a complaint
is filed under ORB 105.130 (2), the plaintiff shall pay a s~harge of $2.
(17) In addition to the fee provided for in ORB 107.434 (1), for the period commencing September
1. 2007. and ending [June] September 30, 2009, the clerk of the court shall collect a surcharge of
Enrolled House Bill 2287 (HB 2287-B)
Page 5
$3 upon the ruing of a motion seeking enforcement of a parenting time order or a substantial vio-
lation of a parenting plan.
(18) In addition to the fee provided for in ORS 112.820 (1)(d). for the period commencing Sep-
tember 1, 2007. and ending (June] September 30. 2009. the clerk of the probate court shall collect
a surcharge of $1 for filing of an affidavit under ORS 112.820 (1).
(19) In addition to the fee provided for in ORS 114.515 (6). for the period commencing September
1, 2007, and ending (June] September 30, 2009, the clerk of the probate court shall collect a sur-
charge of $1 upon the filing of an affidavit under ORS 114.515.
(20) In addition to the fee provided for in ORS 130.200 (8)(a), for the period commencing Sep-
tember 1, 2007, and ending (June] September 30, 2009. the clerk of the circuit court shall collect
a surcharge of $3 for the ruing of an agreement or memorandum of agreement under OR.S 130.200
(6) and a surcharge of $2 for the filing of objections under ORS 130.200 (7).
(21) In addition to the fee provided for in ORS 138.560, for the period commencing September
1, 2007, and ending (June] September 30. 2009, a petitioner shall pay a surcharge of $1 at the time
of filing a petition under ORS 138.560.
(22) In addition to the fee provided for in ORS 166,274, for the period commencing September
1, 2007. and ending (June] September 30, 2009. the clerk of the court shall collect a surcharge of
$5 for the filing of a petition for relief under ORS 166.274.
(23) In addition to the fee provided for in ORS 419B.555 (6), for the period commencing Sep-
tember 1, 2007. and ending [June] September 30. 2009, the clerk of the court shall collect a sur-
charge of $4 for each application for emancipation under OR.S 419B.555.
(24) Except as provided in subsection (25) of this section, surcharges imposed under this
section on or after July 1. 2009, and before October I, 2009, shall be deposited in the Judicial
System' Surcharge Account. The collections and revenue management program established
under ORS 1.204 may not be reimbursed under ORS 1.204 from surcharges imposed under
this section on or after July I, 2009, and before October I, 2009.
(25) A surcbarge imposed by a county court under subsection (8) of this section or by a
justice court under subsection (16) of this section sball be paid to the county treasurer.
SURCHARGES OPERATIVE OCTOBER I, 2009
SECTION 4. (1) In addition to the fees provided for in ORS 21.010 (1), for the period
commencing October I, 2009, and ending June 30, 2011. at the time of filing a response in the
Court of Appeals or the Supreme Court, the State Court Administrator sball collect a sur.
charge of $8-
(2)(a) In addition to the fees provided for in ORS 21.111 (1). for the period commencing
October I, 2009, and ending June 30. 2011, in the proceedings specified in OKS 21.111 (2) the
clerk of the circuit court sball collect a surcharge of $5 from the petitioner at the time the
petition is filed, and shall collect a surcharge of $3 from the respondent upon the respondent
YI'IAking an appearance.
(b) In addition to the fees provided for in ORS 21.111 (3), for the period commencing Oc-
tober 1, 2009, and ending June 80, 2011, the clerk of the circuit court shall collect from the
moving party a surcharge of $3 at the time of the filing of a motion for the modification of
a decree of marital annulment, dissolution or separation, if the motion is filed more than one
year after the entry of the decree in the register of the court.
(3) In addition to the fees provided for ORS 21.114 (1), for the period commencing October
I, 2009, imd ending June 30, 2011, the clerk of the court shall collect:
(a) In an adoption proceeding, a surcharge of $2 from the party filing the petition for
adoption and a surcharge of $1 from an objecting party appearing separately or objecting
parties appearing jointly.
Enrolled House Bill 2287 (lIB 2287-B)
Page 6
(b) In a change of name proceeding, a surcharge of $61 from the party filing the appli-
cation for change of name and a surcharge of $61 from an objecting party appearing sepa.
rately or objecting parties appearing jointly. .
(4) In addition to the fee provided for in OKS 21.114 (S). for the period commencing Oc.
tober 1. 2009, and ending June 30, 2011, in any adoption or change of name proceeding in a
couri baving jurisdiction, the clerk of the couri sball collect from the party baving the af.
firmative of the issue, at the time the proceeding comes on for trial or hearing upon the is-
sues of fact or law involved therein, a surcharge of $2.
(5)(a) In addition to the trial fee provided for in OKS 21.270 (2), for the period com.
mencing October 1, 2009, and ending June 30, 2011, the clerk of the circuit court shall collect
from the plaintiff, appellant or moving party, for a trial on the merits without a jury, a
surcharge on the trial fee of $33 for each full or partial day of the trial
(b) In addition to the jury trial fee provided for in OKS 21.270 (S), for the period com.
menclng October I, 2009, and ending June So, 2011, the clerk shall collect from the plaintiff
or appellant, for a trial by a jury of more than six persons, a surcharge on the jury trial fee
of $32 for each full or partial day of the trial. The clerk sball collect from the plaintiff or
appellant, for a trial by a jury of six persons, a surcharge on the jury trial fee of $40 for each
full or partial day of the trial.
(8) In addition to the hearing fee provided for in OKS 21.275 (S), for the period com.
mencing October I, 2009, and ending June SO, 2011, the clerk of the circuit couri shall collect
a surcharge on the hearing fee of $12 if the hearing period is not more than three hours or
$33 if the hearing period is more than three hours.
(7)(a) In addition to the fees provided for in OKS 21.310 (I), for the period commencing
October I, 2009, and ending June SO, 2011. the clerk of the couri shall collect the following
surcharges for the filing of the initial papers in any probate proceeding, including petitions
for the appointment of personal representatives, probate of wills and contest of wills, or in
any conservatorship proceeding:
Where the amount of the estate is:
1. Not more than $lo,OOO-a surcharge of $1.
2. More than $10,000 and not more than $25,OOO-a surcharge of $4.
S. More than $25,000 and not more than $5O,OOO-.a surcharge of $8.
4. More than $50.000 and not more than $100,OOO-a surcharge of $12-
5. More than $100,000 and not more than $5OO,OOO-a surcharge of $15.
8. More than $500,000 and not more than $I,ooo,OOO-a surcharge of $19.
7. More than $I,OOO,ooo.-a surcharge of $23.
(b) In addition to the fee provided for in OKS 21.310 (S). for the period commencing Oc-
tober I, 2009, and ending June 30, 2011, the clerk shall collect a surcharge of $1 for the filing
of the initial papers in any guardianship proceeding.
(c) In addition to the fee provided for in OKS 21.S10 (5), for the period commencing Oc-
tober 1, 2009, and ending June 30, 2011, at the time of filing any answer, motion or objection
in a probate proceeding or protective proceeding under OKS chapter 125, the party filing the
answer, motion or objection shall pay a surcharge of $1 to the clerk.
(d) In addition to the fee provided for in OKS 21.S10 (7), for the period commencing Oc.
tober I, 2009, and ending June SO, 2011, the clerk shall collect from the party having the af.
firmative of the issue, at the time the proceeding comes on for trial or hearing upon the
issues of fact or law involved therein, a surcharge on the trial or hearing fee of $2-
(8) In addition to the fees provided for in OKS 21.325 (3), for the period commencing Oc.
tober I, 2009, and ending, June 30, 2011, the clerk of the couri shall collect a lIUl'Charge of $2
Enrolled House Bill 2287 (lIB 2287.B)
Page 7
for the filing of a copy of foreign judgment and affidavit filed as provided in ORB 24.115 and
24.125 or the filing of a copy of child custody determination of another state filed as provided
in ORB 109.787.
(9) In addition to the fees provided for in ORB 21.325 (4), for the period commencing Oc.
tober 1, 2009, and ending June 30, 2011, the clerk of the court shall collect a surcharge of $6
for issuing a writ of execution or a writ of garnishment.
(10) In addition to the fee provided for in ORB 34.340, for the period commencing October
1. 2009, and ending June 30, 2011, the clerk of the court shall collect a surcharge of $1 upon
the filing of a petition for a writ of habeas corpus.
(11) In addition to the fees provided for in ORB 36.520 (5). for the period commencing
October 1, 2009, and ending June 30, 2011. the clerk of the circuit court shall collect from the
party ~Alring application for setting aside under ORB 38.520 (1) a surcharge of $2 and from
a party filing an appearance in opposition to the application a SUl'Charge of $1.
(12) In addition to the fee provided for in ORB 38.522 (3), for the period commencing Oc.
tober 1, 2009, and ending June 30. 2011, the clerk of the circuit court shall collect a surcharge
of $1 for the filing of an arhitral award or application for enforcement of an arbitral award
under ORB 36.522.
(13) In addition to the fee provided for in ORB 38.524 (1), for the period commencing Oc-
tober 1. 2009, and ending June 30. 2011, the clerk of the circuit court shall collect a surcharge
of $1 for the filing under ORB 36.524 (1).
(14) In addition to the fee provided for in ORB 36.815 (1)(h), for the period commencing
October 1, 2009, and ending June 30, 2011. the clerk of the circuit court shall collect a IlUI'-
charge of $2 upon the filing of a petition to seek confirmation, vacation, modification or
correction of an award under ORB 36.700, 36.705 or 36.710, and a SUl'Charge of $1 from a
person filing an appearance in opposition to the petition..
(15) In addition to the fees provided for in ORB 46.570 (1), for the period commencing
October 1, 2009, and ending June 30, 2011, in the smaIJ claims department of a circuit court
the clerk of the court shall collect:
(a) A $24 surcharge when a defendant demands a hearing and the amount or value
claimed hy the plaintiff does not exceed $1,500; and
(h) A $50 SUl'Charge when a defendant demands a hearing and the amount or value
claimed hy the plaintiff exceeds $1,500.
(16)(a) In addition to the fees provided for in ORB 105.130 (2). for the period commencing
October 1, 2009, and ending June 30, 2011, upon filing a complaint in the case of a dwelling
unit to whic~ ORB chepter 90 applies, the clerk of the court shall collect a SUl'Charge of $12.
(h) In addition to the fees provided for in ORB 105.130 (3), for the period commencing
October 1, 2009, and ending June 30, 2011, if the defendant d."nAndA a trial after a complaint
is filed under ORB 105.130 (2), the plaintiff shall pay a SUl'Charge of $2.
(17) In addition to the fee provided for in ORB 107.434 (1), 'for the period commencing
October 1, 2009, and ending JUDe 30, 2011, the clerk of the court shall collect a surcharge of
$3 upon the filing of a motion seeking enforcement of a parenting time order or a substantial
violation of a parenting plan.
(18) In addition to the fee provided for in ORB 112.820 (1)(d), for the period commencing
October 1, 2009, and ending June 30, 2011, the clerk of the probate court shall collect a sur-
charge of $1 for filing of an affidavit under ORB 112.820 (1).
(19) In addition to the fee provided for in ORB 114.515 (6), for the period commencing
October 1, 2009. and ending June 30, 2011. the clerk of the probate court shall collect a IlUI'-
charge of $1 upon the filing of an affidavit under ORB 114.515-
(20) In addition to the fee provided for in ORB 130.200 (8)(a), for the period commencing
October 1, 2009, and ending June 30, 2011, the clerk of the circuit court shall collect a sur-
charge of $3 for the filing of an agreement or memorandum of agreement under ORB 130.200
(8) and a SUl'Charge of. $2 for the filing of objections under ORB 130.200 (7).
Enrolled House Bill 2287 (HB 2287.Bl
Page B
(21) In addition to the fee provided for in ORB 138.560, for the period commencing Octo-
ber 1, 2009. and ending June 30, 2011. a petitioner shall pay a surcharge of $1 at the time of
filing a petition under ORB 138.560.
(22) In addition to the fee provided for in ORB 186.274. for the period commencing Oct....
ber 1, 2009, and ending June 30, 2011. the clerk of the court shall collect a surcharge of $0
for the filing of a petition for relief under ORB 166.274-
(23) In addition to the fees provided for in ORB 305.490, for the period commencing Oc.
tober 1, 2009. and ending June 30, 2011, the clerk of the tax court shall collect the following
surcharges:
(8) For a complaint or petition in the magistrate division, $50.
(h) For a complaint or petition in the regular division, $100.
(c) H a complaint or petition is specially designated under ORB 305.501 for hearing in the
regular division, a fee of $100.
(24) In addition to the fee provided for in ORB 4198.555 (8), for the period commencing
October 1, 2009, and ending June 30, 2011. the clerk of the court. shall collect a surcharge of
$4 for each application for emancipation under ORB 4198.555.
(25) Except as provided in subsection (28) of this section, surcharges imposed under this
section shall be deposited in the Judicial System Surcharge Account. The collections and
revenue management program established under ORB 1.204 may not be reimbursed.under
'ORB 1.204 from surchargeS imposed under this section.
(28) A surcharge imposed by a county court under subsection (7) of this section or by a
justice court under subsection (18) of this section shall be paid to the county treasurer.
SECTION 5. ORS 18.999 is amended to read:
18.999. This section establishes the right of 8 plaintiff to recover certain moneys the plaintiff
has eIpended to recover a debt under ORS 18.854 or to enforce a judgment and establishes proce.
dures for that recovery. The following apply to this section:
(1) When a plaintiff receives moneys under a garnishment, attachment or payment, the plaintiff
may proceed as follows:
(8) Before crediting the total amount of moneys received against the judgment or debt, the
plaintiff may recover and keep from the total amount received under the garnishment, attachment
or payment any moneys allowed to be recovered under this section.
(b) After recovering moneys as allowed under paragraph (a) of this subsection, the plaintiff shall
credit the remainder of the moneys received against the judgment or debt as provided by law.
(2) Moneys recovered under subsection (1)(a) of this section shall not be considered moneys paid
on and to be credited against the original judgment or debt sought to be enforced. No additional
judgment is necessary to recover moneys in the manner ,provided in subsection (1)(a) of this section.
(3) The only moneys a plaintiff may recover under subsection (1)(a) of this section are those
described in subsection (4) of this section that the plaintiff has paid to enforce the existing specific
judgment or debt that the specific garnishment or attachment was issued to enforce or upon which
the payment was received. Moneys recoverable under subsection (lXa) of this section remain re-
coverable and, except as provided under subsection (8) of this section, may be recovered from mon-
eys received by the plaintiff under subsequent garnishments, attachments or payments on the same
specific judgment or debt.
(4) This section allows the recovery only of the following:
(a) Statutorily established moneys that meet the requirements under subsection (3) of this sec-
tion, as follows:
(A) Garnishee's search fees under ORS 18.790.
(B) Fees for delivery of writs of garnishment under ORS 18.652.
(C) Circuit court fees as provided under ORS 21.325.
(D) County court fees as provided under ORS 5.125.
(E) County clerk recording fees as provided in ORS 205.320.
(F) Actusl fees or disbursements made under ORS 21.410.
Enrolled House Bill 2287 (lIB 2287.B)
Page 9
(G) Costs of execution as provided in ORB 105.112.
(H) Fees paid to an attorney for issuing a garnishment in an amount not to exceed [$12] $18 for
each garnishment.
(I) Costs of an execution sale as described in ORS 18.950 (2).
(J) Fees paid under ORS 21.125 for motions and responses to motions filed after entry of a
judgment.
(b) Interest on the amounts specified in paragraph (a) of this subsection at the rate provided for
judgments in ORS 82.010 for the period of time beginning with the expenditure of the amount and
ending upon recovery of the amount under this section.
(5) The plaintiff shall be responsible for doing all of the following:
(a) Maintaining a precise accounting of moneys recovered under subsection (1)(a) of this section
and making the accounting available for any proceeding relating to that judgment or deb~.
(b) Providing reasonable notice to the defendant of moneys the plaintiff recovers under sub-
section (1)(a) of this section.
(6) Moneys recovered under subsection (1Xa) of this section remain subject to all other pro-
visions of law relating to payments, or garnished or attached moneys including, but not limited to,
those relating to exemption, claim of exemption, overpayment and holding periods.
(7) Nothing in this section limits the right of a plaintiff to recover moneys described in this
section or other moneys in any manner otherwise allowed by law.
(8) A writ of garnishment or attachment is not valid if issued solely to recover moneys recov-
erable under subsection (1)(a) of this section unless the right to collect the moneys is first reduced
to a judgment or to a debt enforeeable under ORS 18.854.
SECTION 8. The amendments to ORB 18.999 by section 5 of this 2009 Act become opera.
tive October I, 2009, and apply only to writs of garnishment issued on or after October I,
2009, and before July I, 2011.
SECTION 7. ORS 18.999. as amended by section 5 of this 2009 Act, is amended to read:
18.999. This section establishes the right of a plaintiff to recover certain moneys the plaintiff
has expended to recover a debt under ORS 18.854 or to enforce a judgment and establishes proce-
dures for that recovery. The following apply to this section:
(1) When a plaintiff receives moneys under a garnishment, attachment or payment, the plaintiff
may proceed as follows:
(a) Before crediting the total amount of moneys received against the judgment or debt, the
plaintiff may recover and keep from the total amount received under the garnishment, attachment
or payment any moneys allowed to be recovered under this 'section.
(b) After recovering moneys as allowed under paragraph (a) of this subsection, the plaintiff shall
credit the remainder of the moneys received against the judgment or debt as provided by law.
(2) Moneys recovered under subsection (1)(a) of this section shall not be considered moneys paid
on and to be credited against the original judgment or debt sought to be enforeed. No additional
judgment is necessary to recover moneys in the manner provided in subsection (1)(a) of this section.
(3) The only moneys a plaintiff may recover under subsection (1)(a) of this section are those
described in subsection (4) of this section that the plaintiff has paid to enforce the existing specific
judgment or debt that the specific garnishment or attachment was issued to enforee or upon which
the payment was received., Moneys recoverable under subsection (1)(a) of this section remain re-
coverable and, except as provided under subsection (8) of this section, may be recovered from mon-
eys received by the plaintiff under subsequent garnishments, attachments or payments on the same
specific judgment or debt.
(4) This section allows the recovery- only of the following:
(a) Statutorily established moneys that meet the requirements under subsection (3) of this sec-
tion, as follows:
(A) Garnishee's search fees under ORS 18.790.
(B) Fees for delivery of writs of garnishment under ORS 18.652.
(C) Cireuit court fees as provided under ORS 21.325.
Enrolled House Bill 2287 (fIB 2287 -B)
Page 10
(D) County court fees as provided under ORS 5.125.
(E) County clerk recording fees as provided in ORS 205.320.
(F) Actual fees or disbursements made under ORS 21.410.
(G) Costs of execution as provided in ORS 105.112.
(H) Fees paid to an attorney for issui!lg a garnishment in an amount not to exceed [$18] $12 for
each garnishment.
(I) Costs of an execution sale as described in ORS 18.950 (2).
(J) Fees paid under ORS 21.125 for motions and responses to motions filed after entry of a
judgment.
(b) Interest on the amounts specified in paragraph (a) of this subsection at the rate provided for
judgments in ORS 82.010 for the period of time beginning with the expenditure' of the amount and
ending upon recovery of the amount under this section.
(5) The plaintiff shall be responsible for doing all of the following:
(8) Maintaining a precise accounting of moneys recovered under subsection (1)(a) of this section
and making the accounting available for any proceeding relating to that judgment or debt.
(b) Providing reasonable notice to the defendant of moneys the plaintiff recovers under sub-
section (1)(a) of this section.
(6) Moneys recovered under subsection (1)(a) of this section remain subject to all other pro-
visions of law relating to payments, or garnished or attached moneys including, but not limited to,
those relating to exemption, claim of exemption, overpayment and holding periods.
(7) Nothing in this section limits the right of a plaintiff to recover moneys described in this
section or other moneys in any manner otherwise allowed by law.
(8) A writ of garnishment or attachment is not valid if i~sued solely to recover moneys recov-
erable under subsection (1)(a) of this section unless the right to collect the moneys is first reduced
to a judgment or toa debt enforceable under ORS 18.854.
SECTION 8. (1) The amendments to ORS 18.999 by section 7 of this 2009 Act become op-
erative July I, 2011.
(2) The amendments to ORS 18.999 by section 7 of this 2009 Act do not affect the amount
that may be recovered under ORS 18.999, as in effect immediately before July I, 2011, for
writs of garnishment issued on or after October 1. 2009, and before July I, 2011.
SECURITY RELEASE DEPOSITS
SECTION 9. ORS 135.265 is amended to read:
135.265. (1) If the defendant is not released on personal recognizance under ORS 135.255, or
granted conditional release under ORS 135.260, or fails to agree to the provisions of the conditional
release, the magistrate shall set a security amount that will reasonably assure the 4efendant's ap-
pearance. The defendant shall execute the security release in the amount set by the magistrate.
(2) The defendant shall execute a release agreement and deposit with the clerk of the court
before which the proceeding is pending a sum of money equal to 10 percent of the security amount,
but in no event shall such deposit be less than $25. The clerk shall issue a receipt for the sum de-
posited. Upon depositing this sum the defendant shall be released from custody subject to the con-
dition that the defendant appear to answer the charge in the court having jurisdiction on a day
certain and thereafter as ordered by the court until discharged or final order of the court. Once
security has been given and a charge is pending or is thereafter filed in or transferred to a court
of competent jurisdiction the latter court shall continue the original security in that court subject
to ORS 135.280 and 135.285. When conditions of the release agreement have been perfonned and the
defendant has been discharged from all obligations in the cause, the clerk of the court shall return
to the person shown by the receipt to have made the deposit. unless the court orders otherwise, 85
percent of the sum which has been deposited and shall retain as security release costs 15 percent,
but not less than $5 [nor more than $200], of the amount deposited. The interest that has accrued
on the full amount deposited shall also be retained by the clerk. The amount retained by the clerk
Enrolled HoWIe Bill 2287 om 2287.B)
Page 11
of a circuit court shall be paid over as directed by the State Court Administrator for deposit in the
Criminal Fine and Assessment Account created under ORS 137.300. The amount retained by a jus-
tice of the peace shall be deposited in the county treasury. The amount retained by the clerk of a
municipal court shall be deposited in the municipal corporation treasury. At the request of the de-
fendant the court may order whatever amount is repayable to defendant from such security amount
to be paid to defendant's attorney of record.
(3) Instead of the security deposit provided for in subsection (2) of this section the defendant
may deposit with the clerk of the court an amount equal to the security amount in cash, stocks,
bonds, or real or personal property situated in this state with equity not exempt owned by the de-
fendant or sureties worth double the amount of security set by the magistrate. The stocks, bonds,
real or personal property shall in all cases be justified by affidavit. The magistrate may further ex-
amine the sufficiency of the security as the magistrate considers necessary.
SECTION 10. (1) The amendments to OKS 135.265 by section 9 of this 2009 Act apply only
to security deposits made on or after October I, 2009, and before July I, 2011.
(2) All amounts retained in a cireuit court under OKS 135.265 88 security deposit costs
from security deposits made on or after October I, 2009, and before July I, 2011, that are in
excess of $200 sball be deposited in the Judicial System Surcharge Aceount. All amounts
retained in a justice court under OKS 135.265 88 security deposit costs from security deposits
made on or after October I, 2009, and before July I, 2011, that are in exeess of $200 sball be
paid to the county treasurer. All amounts retained in a municipal court under OKS 135.265
88 security deposit costs from security deposits made on or after October I, 2009, and before
July I, 2011, that are in excess of $200 sball be paid to the city treasurer.
(3) The collections and revenue management program established under OKS 1.204 may
not be reimbursed under OKS 1.204 from amounts retained 88 security deposit costs that are
in excess of $200 pursuant to the amendments to OKS 135.265 by section 9 of this 2009 Act.
SECTION 11. ORS 135.265, as amended by section 9 of this 2009 Act. is amended to read:
135.265. (1) If the defendant is not released on personal recognizance under ORS 135.255. or
granted conditional release under ORS 135.260, or fails to agree to the provisions of the conditional
release, the magistrate shall set a security amount that will reasonably assure the defendant's ap-
pearance. The defendant shall execute the security release in the amount set by the magistrate.
(2) The defendant shall execute a release agreement and deposit with the clerk of the court
before which the proceeding is pending a sum of money equal to 10 percent of the security amount,
but in no event shall such deposit be less than $25. The clerk shall issue a receipt for the sum de-
posited. Upon depositing this sum the defendant shall be released from custody subject to the con-
dition that the defendant appear to answer the charge in the court having jurisdiction on a day
certain and thereafter as ordered by ,the court until discharged or final order of the court. Once
security has been given and a charge is pending or is thereafter filed in or transferred to a court
of competent jurisdiction the latter court shall continue the original security in that court subject
to ORS 135.280 and 135.285. When conditions of the release agreement have been performed and the
defendant has been discharged from all obligations in the cause, the clerk of the court shall return
to the person shown by the receipt to have made 'the deposit, unless the court orders otherwise, 85
percent of the sum which has been deposited and shall retain as security release costs 15 percent,
but not less than $5 nor more than $200, of the amount deposited. The interest that has accrued
on the full amount deposited shall also be 'retained by the clerk. The amount retained by the clerk
of a circuit court shall be paid over as directed by the State Court Administrator for deposit in the
Criminal Fine and Assessment Account created under ORS 137.300. The amount retained by a jus-
tice of the peace shall be deposited in the county treasury. The amount retained by the clerk of a
municipal court shall be deposited in the. municipal corporation treasury. At the request of the de-
fendant the court may order whatever amount is repayable to defendant from such security amount
to be paid to defendant's attorney of record.
(3) Instead of the security deposit provided for in subsection (2) of this section the defendant
may deposit with the clerk of the court an amount equal to the security amount in cash, stocks,
Enrolled House Bill 2287 (lIB 2287-B)
Page 12
honds, or real or personal property situated in this state with equity not exempt owned hy the de-
fendant or sureties worth double the amount of security set by the magistrate. The stocks, bonds,
real or personal property shall in all cases be justified by affidavit. The magistrate may further ex-
amine the sufficiency of the security as the magistrate considers necessary.
SECTION 12. (1) The amendments to ORB 135.265 by section 11 of this 2009 Act become
operative July 1. 2011.
(2) The amendments to ORB 135.286 by section 11 of this 2009 Act do not affect the
amount of security release costs that may be deducted from security amounts deposited on
or after October I, 2009. and before July I, 2011.
TillRD-PARTY COMPLAINT FEE
SECTION 13. (1) When a person files a third'party complaint in a civil action, suit or
proceeding in circuit court, the clerk of the court shall collect from the third.party plaintiff
the same fees, charges and surcharges that would be required of a plaintiff filing the same
complaint in an original action.
(2) When a third-party defendant files an appearance in a civil action, suit or proceeding
in circuit court, the clerk of the court shall collect the same fees, charges and surcharges
that would be required of a defendant filing the same appearance in an original action.
(3) This section applie~ only to third.party complaints and appearances filed on or after
October I, 2009. and before July I, 2011.
(4) All amounts imposed as fees under this section shall be deposited in the Judicial
System Surcharge Account.
(5) The collections and revenue management program established under ORB 1.204 may
not be reimbursed under ORB 1.204 from amounts imposed under this section.
FILING FEES
SECTION 14. ORB 21.110 is amended to read:
21.110. (1)(a) Except as otherwise provided in this section, at the time of filing in the circuit
court of any civil action, suit or proceeding, including appeals, the clerk of the circuit court shall
collect from the plaintifl'. appellant or moving party the sum of [$107] $117 as [a] the flat and 1ffii-
form filing fee for a single party. In addition, at the time of filing any appearance in any such
action, suit or proceeding by any defendant or respondent appearing separately, or upon the part
of defendants or respondents appearing jointly, the clerk shall collect from the party or parties the
sum of [$107] $117 as [a] the flat and uniform filing fee for a single party.
(b) Except as otherwise provided in this section, at the time of filing in the cireu1t court
of any civil action, suit or proceeding, including appeals, the clerk of the circuit court shall
collect from the plaintiff, appellant or moving party the sum of $117 for each additional party
lUUIled in the pl_dlng. In addition. at the time of filing any appearance in any such action,
suit or pl'<>'"""U"g by any defendant or respondent appearing separately, or upon the part
of defendants or respondents appearing jointly, the clerk shall collect from the" party or
parties the sum of $117 for each additional party lUUIled in the pleading.
(2) In the following actions, the clerk of the circuit court shall collect the sum of [$68] $78 as
a flat and uniform filing fee from the plaintiff, appellant or moving party at the time the action is
filed, and shall collect the sum of [$68} $78 as a flat and uniform filing fee from any defendant or
respondent appearing separately, or upon the part of defendants or respondents appearing jointly,
at the time of filing any appearance in the action:
(a) Actions for the recovery of money or damages only when the amount claimed does not ex-
ceed $10,000.
(h) Actions for the recovery of specific personal property when the value of the property claimed
and the damages for the detention do not exceed $10,000.
Enrolled House Bill 2287 (}Ill 2287-B)
Page 13
(c) Actions for the recovery of any penalty or forfeiture, whether given by statute or arising out
of contract, not exceeding $10,000.
(d) Actions to enforce, marshal and foreclose liens upon personal property where the amount
claimed for such liens does not exceed $10,000.
(e) Actions of interpleader, and in the nature of interpleader, when the amount of money or the
value of the property involved does not exceed $10,000.
(0 Actions for injunctive relief under ORS chapter 90 when the amount of any damages claimed
does not exceed $10,000.
(3) In any actiOll for the recovery of money or damages, the clerk of the circuit court
shall collect the following sums from the plaintiff at the time the action is filed, and shall
collect the following sums from any defendant or respondent appearing separately, or upon
the part of defendants or respondents appearing jointly, at the time of filing any appearance
in the action:
(a) H the amount claimed is $50,000 or more, and less than $150,000, the clerk of the
circuit court shall collect a fee of $225.
(b) If the amount claimed is $160,000 or more, and less than $500,000, the clerk of the
circuit court shall collect a fee of $275.
(c) If the amount claimed is $500,000 or more, and less than $1 million, the clerk of the
circuit court shall collect a fee of $325.
(d) If the amount claimed is $1 million or more, the clerk of the circuit court shall collect
a fee of $375-
[(3)] (4) The clerk of the court shall collect the sum of $300 as a flat and uniform filing fee from
the petitioner in a proceeding under ORB 181.823 or 181.826, at the time the petition is filed. Fees
collected under this subsection shall be deposited into the Judicial Department Operating Account
estsblished in ORB 1.009.
[(4)] (6) For purposes of [subsection (2) of] this section, the amount claimed, value of property,
damages or any amount in controversy does not include any amount claimed as costs and disburse-
ments or attorney fees as defined by ORCP 68 A.
[(5)] (6) A pleading or other document shall be med by the clerk only if the fee required under
this section is paid by the person filing the document, or if a request for a fee waiver or deferral
is granted by the court. No part of any such filing fee shall be refunded to any party. The uniform
fee shall cover all services to be performed by. the court or clerk in any such action, suit or pro-
ceeding, except where additional fees are specially authorized by law.
[(6)] (7) Any plaintiff, appellant, moving party, defendant or respondent that files an action or
appearance that is subject to the filing fees established under subsection (2) or (3) of this section
must include in the caption of the pleading [the following words: .Claim of not more than $10,000.1
a statement of the amount claimed.
[(7)] (8) The fees imposed by this section do not apply to:
(a) Protective proceedings under ORS chapter 125;
(b) Proceedings for dissolution of marriage, annulment of marriage or separation;
(c) Filiation proceedings under ORS 109.124 to 109.230;
(d) Proceedings to determine custody or support of a child under ORB 109.103;
(e) Probate, adoption or change of name proceedings;
(0 Proceedings involving dwelling units to which ORB chapter 90 applies and for which the fee
is provided by ORB 105.130; or
(g) Any counterclaim, cross-claim or third-party claim filed by a party who has appeared in the
action or proceeding.
[(8)] (9) The fees described in this section shall not be charged to a district attorney or to the
Division of Child Support of the Department of Justice for the filing of any case, motion, document,
stipulated order, process or other document relating to the provision of support enforcement ser-
vices as described in ORS 25.080.
Enrolled House Bill 2287 (HB 2287-8)
Page 14
SECTION 15. (1) The amendments to ORS 21.110 by section 14 of this 2009 Act apply only
to civil ~ction8, suits and proceedings filed on or after October 1, 2009, and before July 1,
2011.
(2) AU fees imposed purauant to the amendments to ORS 21.110 by section 14 of this 2009
Act shall be deposited In the Judicial System Surcharge Account.
(3) The collections and revenue management program estsblished under ORS 1.204 may
not be reimbursed under ORS 1.204 from fees imposed pursuant to the amendments to ORS
21.110 by section 14 of this 2009 Act.
SECTION 16. ORB 21.110, as amended by section 14 of this 2009 Act, is amended to read:
21.110. (1)[(a)] Except as otherwise provided in this section, at the time of filing in the circuit
court .of any civil action, suit or proceeding, including appeals, the clerk of the circuit court shall
collect from the plaintiff, appellant or moving party the sum of [$117] $107 as [the] a flat and uniform
filing fee [for a single party]. In addition, at the time of filing any appearance in any such action,
suit or proceeding by any defendant or respondent appearing separately, or upon the part of de-
fendants or respondents appearing jointly, the clerk shall collect from the party or parties the sum
of [$117] $107 as [the] a flat and uniform filing fee [for a single party].
[(b) EXCf!pt as otherwise prooided in this section, at the time of filing in the circuit court of any
cioil action, suit or proceeding, including appeals, the clerk of the circuit court shall collect from the
plaintiff, appellant or mooing party the sum of $117 for each additionol party named in the pleading.
In addition, at the time of filing any appearance in any such action, suit or proceeding by any de-
fendant or respondent appearing separately, or upon the part of defendants or respondents appearing
jointly, the clerk shall collect from the party or parties the sum of $117 for each additional party named
in the pleading.]
(2) In the following actions, the clerk of the circuit court shall collect the sum of [$78] $68 as
a flat and unifonn filing fee from the plaintiff, appellant or moving party at the time the action is
filed, and shall collect the sum of [$78] $6Il as a flat and uniform ruing fee from any defendant or
respondent appearing separately, or upon the part of defendants or respondents appearing jointly,
at the time of filing any appearance in the action:
(a) Actions for the recovery of money or damages only when the amount claimed does not ex-
ceed $10,000.
(b) Actions for the recovery of specific personal property when the value of the property claimed
and the damages for the detention do not exceed $10,000.
(c) Actions for the recovery of any penalty or forfeiture, whether given by statute or arising out
of contract, not exceeding $10,000.
(d) Actions to enforce, marshal and foreclose liens upon personal property where the amount
claimed for such liens does not exceed $10,000.
(e) Actions of interpleader, and in the nature of interpleader, when the amount of money or the
value of the property involved does not exceed $10,000.
(0 Actions for injunctive relief under ORB chapter 90 when the amount of any damages claimed
does not exceed $10,000.
[(3) In any action for the recooery of money or damages, the clerk of the circuit court shall collect
the following sums from the plaintiff at the time the action is filed, aad shall collect the following sums
from any defendant or respondent appearing separately, or upon the part of defendants or respondents
appearing jointly, at the time of filing any appearance in the action:]
[(a) If the amount claimed is $50,000 or more, and Ie.. than $150,000, the clerk of the circuit court
shall collect a fee of $225.]
[(b) 1f the amount claimed is $150,000 or more, and less than $500,000, the clerk of the circuit court
shall collect a fee of $275.]
[(c) If the amount claimed is $500,000 or more, and less than $1 million, the clerk of the circuit
court shall collect a fee of $325.]
[(d) If the amount claimed is $1 million or more, the clerk of the circuit court shall collect a fee
of $375.]
Enrolled House Bill 2287 (HB 2287-B)
Fags 15
\
[(4)] (3) The clerk of the court shall collect the sum of $300 as a flat and uniform filing fee from
the petitioner in a proceeding under ORS 181.823 or 181.826, at the time the petition is filed. Fees
collected under this subsection shall be deposited into the Judicial Department Operating Account
estsblished in ORB 1.009.
[(5)] (4) For purposes of this section, the amount claimed, value of property, damages or any
amount in controversy does not include any amount claimed as costs and disbursements or attorney
fees as defined by ORCP 68 A.
[(6)] (5) A pleading or other document shall be med by the clerk only if the fee required under
this section is paid by the person filing the document, or if a request for a fee waiver or deferral
is granted by the court. No part of any such filing fee shall be refunded to any party. The uniform
fee shall cover all services to be performed by the court or clerk in any such action, suit or pro-
ceeding, except where additional fees are specially authorized by law.
[(7)] (6) Any plaintiff, appellant, moving party, defendant or respondent that mes an action or
appearance that is subject to the filing fees established under subsection (2) [or (3)] of this section
must include in the caption of the pleading [a statement of the amount claimed] the foUowing words:
"Claim of not more than $10,000." .
((8)] (7) The fees imposed by this section do not apply to:
(a) Protective proceedings under ORB chapter 125;
(b) Proceedings for dissolution of marriage, annulment of marriage or separation;
(c) Filiation proceedings under ORS 109.124 to 109.230;
(d) Proceedings to determine custody or support of a child under ORB 109.103;
(e) Probate, adoption or change of name proceedings;
(0 Proceedings involving dwelling units to which ORB chapter 90 applies and for which the fee
is provided by ORS 105.130; or
(g) Any counterclaim, cross-claim or third-party claim filed by a party who has appeared in the
action or proceeding.
[(9)] (8) The fees described in this section shall not be charged to a district attorney or to the
Division of Child Support of the Department of Justice for the filing of any case, motion, document,
stipulated order, process or other document relating to the provision of support enforcement ser-
vices as described in ORB 25.080.
SECTION 17. The amendments to ORB 21.110 by section 16 of this 2009 Act become op-
erative July 1, 2011.
SECTION 18. ORB 36.170, as amended by section 26, chapter 860, Oregon Laws 2007, is
amended to read:
36.170. (1) The clerks of the circuit courte shall collect a dispute resolution surcharge at the
time a civil action, suit or proceeding is filed, including appeals. The surcharge shall be collected
from a plaintiff or petitioner at the time the proceeding is filed. The surcharge shall be collected
from a defendant or respondent upon making appearance. The amount of the surcharge'shall be:
(a) $6, if the action, suit or proceeding is subject to the ming fees estsblished by ORB 21.110 (1)
or (3), 21.310 or any other filing fee not specifically provided for in this section.
(b) $5, if the action, suit or proceeding is subject to the ming fees estsblished by ORB 21.110 (2)
or 105.130, or if the action is filed in the small claims department of circuit court and the amount
or value claimed exceeds $1,500.
(c) $3, if the action, suit or proceeding is subject to the filing fees estsblished by ORB 21.111:
(d) $2, if the action is filed in the small claims department of circuit court and the amount or
value claimed does not exceed $1,500.
(2) All surcharges collected under this section shall be deposited by the State Court Adminis-
trator into the State Treasury to the credit of the General Fund.
SECTION 19. ORB 36.170, as amended by section 26, chapter 860, Oregon Laws 2007, and sec-
tion 18 of this 2009 Act, is amended to read:
36.170. (1) The clerks of the circuit courte shall collect a dispute resolution surcharge at the
time a civil action,. suit or proceeding is filed, including appeals. The surcharge shall be collected
Enrolled House Bill 2287 (HB 2287.B)
Page 16
from a plaintiff or petitioner at the time the proceeding is filed. The surcharge shall be collected
from a defendant or respondent upon making appearance. The amount of the surcharge shall be:
(a) $6, if the action, snit or proceeding is subject to the ming fees established by ORS 21.110 (1)
[or (3)], 21.310 or any other filing fee not specifically provided for in this section.
(b) $5, if the action, snit or proceeding is subject to the filing fees established by ORS 21.110 (2)
or 105.130, or if the action is filed in the small claims department of circuit court and the amount
or value claimed exceeds $1,500.
(c) $3, if the action, suit or proceeding is subject to the filing fees established by ORS 21.111.
(d) $2, if the action is filed in the small claims department of-circuit court and the amount or
value claimed does not exceed $1,500.
(2) All surcharges collected under this section shall be deposited by the State Court Adminis-
trator into the State Treasury to the credit of the General Fund.
SECTION 20. (1) The amendments to OKS 36.170 by section 18 of this 2009 Act become
operative October 1, 2009.
(2) The amendments to OKS 36.170 by section 19 of this 2009 Act become operative July
1, 2011.
BENCH PROBATION FEES AND PROBATION
VIOLATION ASSESSMENTS
SECTION 21. ORS 137.540 is amended to read:
137.540. (1) The court may sentence the defendant to probation subject to the following general
conditions unless specifically deleted by the court. The probationer shall:
(a) Pay supervision fees, fines, restitution or other fees ordered by the court.
(b) Not use or possess controlled substances except pursuant to a medical prescription.
(c) Submit to testing of breath or urine for controlled substance or alcohol use if the probationer
has a history of substance abuse or if there is a reasonable suspicion that the probationer has ille-
gally used controlled substances.
(d) Participate in a substance abuse evaluation as directed by the supervising officer and follow
the recommendations of the evaluator if there are reasonable grounds to believe there is a history
of substance abuse.
(e) Remain in the State of Oregon until written permission to leave is granted by the Depart-
ment of Corrections or a county community corrections agency.
(f) If physically able, find and maintsin gainful fnll:time employment, approved schooling, or a
full-time combination of both. Any waiver of this requirement must be based on a finding by the
court stating the reasons for the waiver.
(g) Change neither employment nor residence without prior permission from the Department of
Corrections or a county community corrections agency.
(h) Permit the parole and probation officer to visit the probationer or the probationer;s work
site or residence and to conduct a walk-through of the common areas and of the rooms in the resi-
dence occupied by or under the control of the probationer.
(i) Consent to the search of person, vehicle or premises upon the request of a representative of
the supervising officer if the supervising officer has reasonable grounds to believe that evidence of
a violation will be found, and submit to fingerprinting or photographing, or both, when requested
by the Department of Corrections or a county community corrections agency for supervision pur-
poses.
(j) Obey all laws, municipal, county, state and federal.
(k) Promptly and truthfnlly answer all reasonable inquiries by the Department of Corrections
or a county community corrections agency.
(L) Not possess weapons, firearms or dangerous animals.
Enrolled House Bill 2287 (lIB 2287-B)
Pago 17
(m) If recommended by the supervising officer, successfully complete a sex offender treatment
program approved by the supervising officer and submit to polygraph examinations at the direction
of the supervising officer if the probationer:
(A) Is under supervision for a sex offense under ORB 163.305 to 163.467;
(8) Was previously convicted of a sex offense under ORS 163.305 to 163.467; or
(C) Was previously convicted in another jurisdiction of an offense that would constitute a sex
offense under ORB 163.305 to 163.467 if committed in this state.
(n) Participate in a mental health evaluation as directed by the supervising officer and follow
_ the recommendation of the evaluator.
(0) Report as required and abide by the direction of the supervising officer.
(p) If required to report as a sex offender under ORS 181.596, report with the Department of
State Police, a chief of police, a county sheriff or the supervising agency:
(A) When supervision begins;
(B) Within 10 days of a change in residence;
(C) Once each year within 10 days of the probationer's date of birth;
(D) Within 10 days of the first day the person works at, carries on a vocation at or attends an
institution of higher education; and
(E) Within 10 days of a change in work, vocation or attendance status at an institution of higher
education.
(2) In addition to the general conditions, the court may impose any special conditions of pro-
bation that are reasonably related to the crime of conviction or the n~ds of the probationer for the
protection of the public or reformation of the probationer, or both, including, but not limited to, that
the probationer shall:
(a) For crimes committed prior to November 1, 1989, and misdemeanors committed on or after
November 1, 1989, be confined to the county jailor be restricted to the probationer's own residence
or to the premises thereof, or be subject to any combination of such confinement and restriction,
such confinement or restriction or combination thereof to be for a period not to exceed one year
or one-half of the maximum period of confinement that could be imposed for the offense for which
the defendant is convicted, whichever is the lesser.
(b) For felonies committed on or after November 1, 1989, be confined in the county jail, or be
subject to other custodial sanctions under community supervision, or both, as provided by rules of
the Oregon Criminal Justice Commission.
(c) For crimes committed on or after December 5, 1996, sell any assets of the probationer as
specifically ordered by the court in order to pay restitution.
(3) When a person who is a sex offender is released on probation, the court shall impose as a
special condition of probation that the ~rson not reside in any dwelling in which another sex
offender who is on probation, parole or post-prison supervision resides, without the approval of the
person's supervising parole and probation officer, or in which more than one other sex offender who
is on probation, parole or post-prison supervision' resides, without the approval of the director of the
probation agency that is supervising the person or of the county manager of the Department of
Corrections, or a designee of the director or manager. As soon as practicable, the supervising parole
and probation officer of a person subject to the requirements of this subsection shall review the
person's living arrangement with the person's sex offender treatment provider to ensure that the
arrangement supports the goals of offender rehabilitation and community safety. As used in this
subsection:
(a) "Dwelling" has the meaning given that term in ORB 469.160.
(b) "Dwelling" does not include a residential treatment facility or a halfway house.
(c) "Halfway house" means a publicly or privately operated profit or nonprofit residential facil-
ity that provides rehabilitative care and treatment for sex offenders.
(d) "Sex offender" has the meaning given that term in ORS 181.594.
(4)(a) If the person is released on probation following conviction of a sex crime, as defmed in
ORB 181.594, or an assanlt, as defmed in ORB 163.175 or 163.185, and the victim was under 18 years
Enrolled House Bill 2287 (HB 2287-B)
Page 18
of age, the court, if requested by the victim, shall include as a special condition of the person's
probation that the person not reside within three miles of the victim unless:
(A) The victim resides in a county having a population of less than 130,000 and the person is
required to reside in that county; r
(B) The person demonstrates to the court by a preponderance of the evidence that no mental
intimidation or pressure was brought to bear during the commission of the crime;
(C) The person demonstrates to the court by a preponderance of the evidence that imposition
of the condition will deprive the person of a residence that would be materially significant in aiding
in the rehabilitation of the person or in the success of the probation; or
(D) The person resides in a halfway house. AB used in this subparagraph, "halfway house" means
a publicly or privately operated profit or nonprofit residential facility that provides rehabilitative
care and treatment for sex offenders.
(b) A victim may request imposition of the special condition of probation described in this sub-
section at the time of sentencing in person or through the prosecuting attorney.
(c) If the court imposes the special condition of probation described in this subsection and if at
any time during the period of probation the victim moves to within three miles of the probationer's
residence, the court may not require the probationer to change the probationer's residence in order
to comply with the special condition of probation.
(5) When a person who is a sex offender, as defined in ORS 181.594, is released on probation,
the Department of Corrections or the county community corrections agency, whichever is appro-
priate, shall notify the chief of police, if the person is going to reside within a city, and the county
sheriff of the county in which the person is going to reside of the person's release and the conditions
of the person's release.
(6) Failure to abide by aU general and special conditions imposed by the court and supervised
by the Department of Corrections or a county community corrections agency may result in arrest,
modification of conditions. revocation of probation or imposition of structured, intermediate sanc-
tions in accordance with rules adopted under ORS 137.595.
(7) The court may order that probation be supervised by the court. If the court orders
that probation be supervised by the court, the defendant shall pay a fee of $100 to the court.
Fees imposed under this suhaection in the cireuit court shall be deposited by the clerk of the
court In the Judicial System Surcharge Account. Fees imposed In a justice court under this
suhaection shall be paid to the county treasurer. Fees imposed In a municipal court under
this subsection shall be paid to the city treasurer.
[(7)] (8) The court may at any time modify the conditions of probation.
[(8)] (9) A court may not order revocation of probation as a result of the probationer's failure
to pay restitution unless the court determines from the totality of the circumstances that the pur-
poses of the probation are not being served.
[(9)] (10) It is not a cause for revocation of probation that the probationer failed to apply for
or accept employment at any workplace where there is a labor dispute in progress. As used in this
subsection, "labor dispute- has the meaning for that term provided in ORS 662.010.
(11) If the court determines that a defendant has violated the terms of probation, the
court shall impose a $26 assessment against the defendant. The assessment becomes part
of the judgment and may be coUected in the same manner 88 a fine. Assessments imposed
under this subsection in the circuit court shall be deposited by the clerk of the court in the
Judicial System Surcharge Account. Assessments imposed in a justice court under this sub-
section shall be paid to the county treasurer. Assessments imposed in a municipal court
under this suhaection shall be paid to the city treasurer.
[(10)] (12) As used in this section, "attends," "institution of higher education," "works" and
"carries on a vocation" have the meanings given those terms in ORS 181.594.
SECTION 22. (1) The amendments to ORS 137.540 by section 21 of this 2009 Act apply only
to orders of probation and probation violation determinations made on or after October 1,
2009, and before July 1, 2011.
Enrolled House Bill 2287 (HB 2287.B)
Page 19
(2) The collections and,revenue management program estsblished under ORB 1.204 may
not be reimbursed under ORB 1.204 from assessments imposed by a court under the amend-
ments to ORB 137.540 by section 21 of this 2009 Act.
SECTION 23. ORB 137.540, as amended by section 21 of this 2009 Act, is amended to read:
137.540. (1) The court may sentence the defendant to probation subject to the following general
conditions unless specifically deleted by the court. The probationer shall:
(a) Pay supervision fees, fines, restitution or other fees ordered by the court.
(b) Not use or possess controlled substances except pursuant to a medical prescription.
(c) Submit to testing of breath or urine for controlled substance or alcohol use if the probationer
has a history of substance abuse or if there is a reasonable suspicion that the probationer has ille-
gally used controlled substances.
(d)"Participate in a substance abuse evaluation as directed by the supervising officer and follow
the recommendations of the evaluator if there aTe reasonable grounds to believe there is a history
of substance abuse".
(e) Remain in the State of Oregon until written permission to leave is granted by the Depart-
ment of Corrections or a county community corrections agency.
(0 If physically able, find and maintain gainful full-time employment, approved schooling, or a
full-time combination of both. Any waiver of this requirement must be based on a finding by the
court stating the reasons for the waiver.
(g) Change neither employment nor residence without prior permission from the Department of
Corrections or a county community corrections agency.
(h) Permit the parole and probation officer to visit the probationer or the probationer''!I work
site or residence and to conduct a walk-through of the common areas. and of the rooms in the resi-
dence occupied by or under the control of the probationer.
(i) Consent to the search of person, vehicle or premises upon the request of a representative of
the supervising officer if the supervising officer has reasonable grounds to believe that evidence of
a violation will be found, and submit to fingerprinting or photographing, or both, when requested
by the Department of Corrections or a county community corrections agency for supervision pur-
poses.
(j) Obey all laws, municipal, county, stste and federal.
(k) Promptly and truthfully answer all reasonable inquiries by the Department of Corrections
or a county community corrections agency. I
(L) Not possess weapons, firearms or dangerous animals.
(m) If recommended by the supervising officer, successfully complete a sex offender treatment
program approved by the supervising officer and submit to polygraph examinations at the direction
of the supervising officer if the probationer:
(A) Is under supervision for a sex offense under ORS 163.305 to 163.467;
(B) Was previously convicted of a sex offense under ORS 163.305 to 163.467; or
(e) Was previously convicted in another jurisdiction of an offense that would constitute a sex
offense under ORB 163.305 to 163.467 if committed in this stste.
(n) Participate in a mental health evaluation as directed by the supervising officer and follow
the recommendation of the evaluator.
(0) Report as required and abide by the direction of the supervising officer.
(p) If required to report as a sex offender under ORS 181.596, report with the Department of
State Police, a chief of police, a county sheriff or the supervising agency:
(A) When supervision begins;
(B) Within 10 days of a change in residence;
(C) Once each year within 10 days of the probationer's date of birth;
(0) Within 10 days of the first day the person works at, carries on a vocation at or attends an
institution of higher education; and
(E) Within 10 days of a change in work, vocation or attendance status at aD institution of higher
education.
Enrolled House Bill 2287 (HB 2287-B)
Page 20
(2) In addition to the general conditions, the court may impose any special conditions of pro-
bation that are reasonably related to the crime of conviction or the needs of the probationer for the
protection of the public or reformation of the probationer, or both, including, but not limited to, that
the probationer shall:
(a) For crimes committed prior to November 1, 1989, and misdemeanors committed on or after
November 1, 1989, be confined to the county jail or be restricted to the probationer's own residence
or to the premises thereof, or be subject to any combination of such confmement and restriction,
such confinement or restriction or combination thereof to be for a period not to exceed one year
or one. half of the maximum period of confmement that could be imposed for the offense for which
the defendant is convicted, whichever'is the lesser.
(b) For felonies committed on or after November 1, 1989, be confined in the county jail, or be
subject to other custodial sanctions under community supervision, or both, as provided by rules of
the Oregon Criminal Justice Commission.
(c) For crimes committed on or after December 5, 1996, sell any assets of the probationer as
specifically ordered by the court in order to pay restitution.
(3) When a person who is a sex offender is released on probation, the court shall impose as a
special condition of probation that the person not reside in any dwelling in which another sex
offender who is on probation, parole or post-prison supervision resides, without the approval of the
person's supervising parole and probation officer, or in which more than one other sex offender who
is on probation, parole or post-prison supervision resides, without the approval of the director of the
probation agency that is supervising the person or of the county manager of the Department of
Corrections, or a designee of the director or manager. As soon as practicable, the supervising parole
and probation officer of a person subject to the requirements of this subsection shall review the
person's living arrangement with the person's sex offender treatment provider to ensure that the
arrangement supports the goals of offender rehabilitation and community safety. As used in thi~
subsection:
(a) "Dwelling" has the meaning given that term in ORB 469.160.
(b) .Dwelling" does not include a residential treatment facility or a halfway house.
(c) "Halfway house" means a publicly or privately operated profit or nonprofit residential' facil.
ity that provides rehabilitative care and treatment for sex offenders.
(d) "Sex offender" has the meaning given that term in ORS 181.594.
(4Xa) If the person is released on probation following conviction of a sex crime, as defined in
ORB 181.594, or an assault, as dermed in ORS 163.175 or 163.185, and the victim was under 18 years
of age, the court, if requested by the victim, shall include as a special condition of the person's
probation that the person not reside within three miles of the victim unless:
(A) The victim resides in a county having a population of less than 130,000 and the person is
required to reside in that county;
(B) The person demonstrates to the court by a preponderance of the evidence that no mental
intimidation or pressure was brought to bear during the commission of the crime;
(e) The person demonstrates to the court by a preponderance of the evidence that imposition
of the condition will deprive the person of a residence that would be materially significant in aiding
in the rehabilitation of the person or in the success of the probation; or
(D) The person resides in a halfway house. As used in this subparagraph, "halfway house" means
a publicly or privately operated profit or nonprofit residential facility that provides rehabilitative
care and treatment for sex offenders.
(b) A victim may request imposition of the special condition of probation described in this sub-
section at the time of sentencing in person or through the prosecuting attorney.
(c) If the court imposes the special condition of probation described in this subsection and if at
any time during the period of probation the victim moves to within three miles of the probationer's
residence, the court may not require the probationer to change the probationer's residence in order
to comply with the special condition of probation.
Enrolled House Bill 2287 (lIB 2287-B)
Page 21
(5) When a person who is a sex offender, as dermed in ORS 181.594, is released on probation,
the Department of Corrections or the county community corrections agency, whichever is appro-
priate, shall notify the chief of police, if the person is going to reside within a city, and the county
sheriff of the county in which the person is going to reside of the person's release and the conditions
of the person's release.
(6) Failure to abide by aU general and special conditions imposed by the court and supervised
by the Department of Corrections or a county community corrections agency may result in arrest,
modification of conditions, revocation of probation or imposition of structured, intermediate sanc-
tions in accordance with rules adopted under ORS 137.595. .
[(7) The court may order that probation be supervised by the court. If the court orders that pro-
bation be supervised by the court, the defendant shall pay a fee of $100 to the court. Fees impased
under this subsection in the circuit court shall be deposited by the clerk of the court in the Judicial
System Surcharge Account. Fees imposed in a justice court under this subsection shall be paid to the
county treasurer. Fees imposed in a municipal court under this subsection shall be paid to the city
treasurer. ]
[(8)] (7) The court may at any time modify the conditions of probation.
[(9)] (8) A court may not order revocation of probation as a result of the probationer's failure
to pay restitution unless the court determines from the totality of the circumstances that the pur-
poses of the probation are not being served.
[(10)] (9) It is not a cause for revocation of probation that the probationer failed to apply for
or accept employment at any workplace where there is a labor dispute in progress. As used in this
subsection, "labor dispute" has the meaning for that term provided in ORS 662.010.
[(11) If the court determines that a defendant has violated the terms of probation, the court shall
impose a $25 assessment against the defendant. The assessment becomes part of the judgment and may
be collected in the same manner as a fine. JUBe8sments imposed under this subsection in the circuit
court shall be deposited by the clerk of the court in the Judicial System Surcharge Account. Assess-
ments imposed in a justice court under this subsection shall be paid to the county treasurer. Assess.
ments impased in a municipal court under this subsection shall be paid to the city treasurer.]
[(12)] (10) As used in this section, "attends," "institution of higher education," "works" and
"carries on a vocation" have the meanings given those terms in ORS 181.594.
SECTION 24. (1) The amendments to ORB 137.540 by section 23 of this 2009 Act become
operative July 1, 2011.
(2) The amendments to ORB 137.540 by section 23 of this 2009 Act do not affect any fee
or assessment that was added to a judgment under ORB 137.540 before July 1, 2011.
PROBATE ACCOUNTING FEES
SECTION 25. (1) In a court with prohete jurisdiction, the clerk shall cherge and coUect
the following fees for an annual or final accounting filed In a probate proceeding or a
conservatorship proceeding on or after October 1, 2009, and before July 1, 2011,
(a) If the amount of the estate is not more than $500,000, a fee of $100.
(b) If the amount of the estate is more than $500,000 and not more than $1 million, a fee
of $200.
(c) If the amount of the estate is more than $1 million, a fee of $300.
(2) In determining fees under subsection (1) of this section in a probate proceedhi.g, the
amount of a settlement In a wrongful death action brought for the benefit of the decedent's
surviving spouse or dependents is not part of the eatate.
(3) AU fees imposed under this section In a circuit court shall be deposited In the Judicial
Syatem Surcherge Account. AU fees imposed by a county court under this section shall be
paid to the county treasurer.
(4) The collections and revenue management program established under ORB 1.204 may
not be reimbursed under ORB 1.204 from fees imposed under this section.
Enrolled House Bill 2287 am 2287-B)
Page 22
DIVEKSION PROGRAM ADMINISTRATION FEE
SECTION 26. (1) In addition to the fees provided In ORB 135.921 and 813.240, upon the
filing of a petition for diversion under OKS 135.909 or 813.210, the court shall order the de-
fendant to pay $100 to the court as a program administration fee.
(2) This section applies only to petitions for diversion filed on or after October 1, 2009,
and before July 1, 2011.
(3) Fees imposed under this section In the circuit court shall be deposited by the clerk
of the court In the Judicial System Surcharge Account. Fees imposed in a justice court Under
this section shall be paid to the county treasurer. Fees imposed In a'municipal court under
this section shall be paid to the city treasurer.
(4) The collections and revenue management program estahlished under OKS 1.204 may
not be reimbursed under OKS 1.204 from fees imposed under this section.
EXPUNCTION FEE
SECTION 27. (1) In addition to the fee provided in OKS 137.225, upon the filing of an ap-
plication under OKS 137.225 (1), the court shall order the defendant to pay a fee of $260 to
the court.
(2) This section applies only to applications filed under ORB 137.225 (1) on or after Octo-
ber 1, 2009, and before July 1, 2011.
(3) Fees imposed under this section in the circuit court shall be deposited by the clerk
of the court in the Judicial System Surcharge Account. Fees imposed in a justice court under
this section shall be paid to the county treasurer. Fees imposed In a municipal court under
this section shall be paid to the city treasurer.
(4) The collections and revenue management program established under OKS 1.204 may
not be reimbursed under OKS 1.204 from amounts imposed under this section.
ADDITIONAL PARTY FEES IN APPELLATE CASES
SECTION 28. ORB 21.010 is amended to read:
21.010. (1) Except as provided in [subsection (2) on this section, the appellant in an appeal or the
petitioner in a judicial review in the Supreme Court or the Court of Appeals shall pay a filing fee
of $154 in the manner prescribed by ORB 19.265. The respondent in such case and any other person
appearing in th~ appeal, upon entering first appearance or filing first brief in the court, shall pay
to the State Court Administrator the sum of $154. The party entitled to costs and disbursements on
such appeal shall recover from the opponent the amount so paid. .
(2) Except as provided in this section, the appellant In an appeal or the petitioner In a
judicial review in the Supreme Court or the Court of Appeals shall pay $154 for each addi-
tional person named as an appellant or petitioner. The respondent In such case, and any
other person appearing In the appeal, shall pay $154 to the State Court Administrator for
each additional person named as a respondent. The party entitled to costs and disbursements
on such appeal shall recover from the opponent the amount so paid.
[(2)] (3) Filing and appearance fees may not be assessed in appeals from habeas corpus pro-
ceedings under ORS 34.710, post-conviction relief. proceedings under ORS 138.650, juvenile court
under ORB 419A.200 and the involuntBry commitment of persons determined to be mentally ill under
ORB 426.135 or persons determined to be mentally retsrded under ORS 427.295, or on judicial review
of orders of the Psycbiatric Security Review Board under ORB 161.385 (9) or orders of the State
Board of Parole and Post-Prison Supervision.
[(3)] (4) Filing and appearance fees shall be assessed in an appeal from an appeal to a circuit
court from a justice court or municipal court in aD action alleging commission of a state offense
Enrolled House Bill 2287 CHB 2287-B)
Page 23
designated as a violation or an action alleging violation of a city charter or ordinance, but not in
an action alleging commission of a state crime.
[(4)] (5) Filing and appearance fees shall only be assessed in an appeal in a contempt proceeding
seeking imposition of remedial sanctions under the provisions of ORS 33.055.
SECTION 29. (1) The amendments to OKS 21.010 by section 28 of this 2009 Act apply only
to filings and appearances made on or after October 1, 2009, and before July 1, 2011.
(2) All fees imposed under the amendments to OKS 21.010 by section 28 of this 2009 Act
shall he deposited In the Judicial System Surcharge Account.
(3) The collections and revenue management program established under OKS 1.204 may
not he reimbursed under OKS 1.204 from fees imposed under the amendments to OKS 21.010
by section 28 of this 2009 Act.
SECTION 30. ORB 21.010, as amended by section 28 of this 2009 Act, is amended to read:
21.010. (1) Except as provided in this section, the appellant in an appeal or the petitioner in a
judicial review in the Supreme Court or the Court of Appeals shall pay a filing fee of $154 in the
manner prescribed by ORS 19.265. The respondent in such case and any other person appearing in
the appeal, upon entering first appearance or filing first brief in the court, shall pay to the State
Court Adm~istrator the sum of $154. The party entitled to costs and disbursements on such appeal
shall recover from the opponent the amount so paid.
[(2) E=pt as provided in this uction, the appellant in an appeal or the petitioner in a judicial
review in the Supreme Court or the Court of Appeals shall pay $154 for each additional person named
as an appellant or petitioner. The respondent in such case, and any other person appearing in the ap-
peal, shall pay $154 to the State Court Administrator for each additionol person named as a respond-
ent. The party entitled to costs and disbursements on such appeal shall recover from the opponent the
amount 80 paid.]
[(3)J (2) Filing and appearance fees may not be assessed in appeals from habeas corpus pro-
ceedings under ORB 34.710, post-conviction relief proceedings under ORS 138.650, juvenile court
under ORS 419A.200 and the involuntBry commitment of persons determined to be mentally ill under
ORB 426.135 or persons determined to be mentally retarded under ORS 427.295, or on judicial review
of orders of the Psychiatric Security Review Board under ORB 161.385 (9) or orders of the State
Board of Parole and Post-Prison Supervision.
[(4)] (3) Filing and appearance fees shall be assessed in an appeal from an appeal to a circuit
court from a justice court or municipal court in "an action alleging commission of a state offense
designated as a violation o~ an action alleging violation of a city charter or ordinance, but not in
an action alleging commission of a state crime.
[(5)] (4) Filing and appearance fees shall only be assessed in an appeal in a contempt proceeding
seeking imposition of remedial sanctions under the provisions of ORS 33.055.
SECTION 31. The amendments to OKS 21.010 by section 30 of this 2009 Act become op-
erative July '1, 2011.
SETrLEMENT CONFERENCE FEE
SECTION 32. (1) In any civil proceeding subject to a fee under OKS 21.110, 21.111, 21.114
or 21.310 in which the parties request a settlement conference before a judge, or in which a
settlement conference before a judge is required by law or by the court, each party partic-
ipating in the conference shall pay a $50 fee to the court before the conference is conducted..
(2) Notwithstanding OKS 3.428 (3), the fee required under subsection (1) of this section
must be paid when parties request a settlement conference through a family law facilitation
program.
(3) The fee imposed under this section applies only to settlement conferences conducted
on or after October 1, 2009, and before July 1, 2011.
(4) AU fees imposed under this section shall be deposited in the Judicial System Sur.
charge Account.
Enrolled House Bill 2287 (lIB 2287.B)
Page 24
(5) The collections and revenue management program established under ORB 1.204 may
not be reimbursed under ORB 1.204 from fees imposed under this section.
APPELLATE CONTINUANCE FEE
SECTION 33. (1) In any proceeding in the Court of Appeals or Supreme Court, the clerk
of the court shall collect a fee of $60 from any party filing a motion for continuance or a
motion for an extension of time for the filing of a brief or other document in the proceeding.
(2) The fee imposed. under this section applies only to motions filed on or after October
1, 2009, and before July 1, 2011.
(3) AU fees imposed under this section shall be deposited In the Judicial System SllJ'
charge Account.
(4) The collections and revenue management program estsblished under ORB 1.204 may
not be reimbursed under ORB 1.204 from fees imposed under this section.
COLLECTION ACCOUNT FEES
SECTION 34. ORB 1.202 is amended to read:
1.202. (1) All circuit courts and appellate courts of this state, and all commissions, departments
and divisions of the judicial branch of state government, shall add a fee of not less than $50 and
not more than [$100] $200 to any judgment that includes a monetsry obligation that tbe court or
judicial branch is' charged with collecting. The fee shall be added to cover the cost of establishing
and administering aD account for the debtor and shall be added without further notice to tne debtor
or further order of the court. The fee shall be added only if the court gives the defendant a period
of time in which to pay the obligation after the financial obligation is imposed. Fees under this
subsection shall be deposited in the General Fund.
(2) All circuit courts and appellate courts of this state, and all commissions, departments and
divisions 'of the judicial branch of state government, that use the Department of Revenue or private
collection agencies shall add a fee to any judgment referred for collection that includes a monetary
obligation that the state court or the commission, department or division is charged with collecting.
The fee shall be added to cover the costs of collection charged by the Department of Revenue or
private collection agency and shall be added to the monetary obligation without further notice to
the debtor or further order of the court. The fee may not exceed the actual costs of collection
charged by the Department of Revenue or private collection agency. Fees under this subsection
shall be deposited in the Judicial Department Collections Account established under ORS 1.204 and
may be used only for the purposes specified in ORB 1.204.
(3) A court may not waive or suspend the fees required to be added to judgments under the
provisions of this section.
SECTION 35. (1) The amendments to ORB 1.202 by section 34 of this 2009 Act apply only
to judgments entered on or after October 1, 2009, and hefore July 1, 2011.
(2) Notwithstanding ORB 1.202 (1), all fees imposed under ORB 1.202 (1) after October 1,
2009, and before July 1, 2011, that are In excess of $100 shall be deposited In the Judicial
System Surcharge Account.
(3) The collectioDB and revenue management program established under ORB 1.204 may
not be reimbursed under ORB 1.204 from fees imposed under ORB 1.202 (1) that are In excess
of $100 pursuant to the amendments to ORB 1.202 by section 34 of this 2009 Act.
SECTION 36. ORB 1.202, as amended by section 34 of this 2009 Act, is amended to read:
1.202. (1) All circuit courts and appellate courts of this state, and ,all commissions, departments
and divisions of the judicial branch of state government, shall add a fee of not less than $50 and
not more than [$200] $100 to any judgment that includes a monetsry obligation that the court or
judicial branch is ,charged with collecting. The fee shall be added to cover the cost of establishing
and administering an account for the debtor and shall be added without further notice to the debtor
Enrolled House Bill 2287 (lIB 2287-B)
Page 25
or further order of the court. The fee shall be added only if the court gives the defendant a period
of time in which to pay the obligation after the financial obligation is imposed. Fees under this
subsection shall be deposited in the General Fund.
(2) All circuit courts and appellate courts of this state, and all commissions, departments and
divisions of the judicial branch of state government, that use the Department of Revenue or private
collection agencies shall add a fee to any judgment referred for collection that includes a monetary
obligation that the state court or the commission, department or division is charged with collecting.
The fee shall be added to cover the costs of collection charged by the Department of Revenue or
private collection agency and shall be added to the monetary obligation without further notice to
the debtor or further order of the court. The fee may not exceed the actual costs of collection
charged by the Department of Revenue or private collection agency. Fees under this subsection
shall be deposited in the Judicial Department Collections Account estsblished under ORS 1.204 and
may be used only for the purposes specified in ORS 1.204.
(3) A .court may not waive or suspend the fees required to be added to judgments under the
provisions of this section.
SECTION 37. (1) The,amendments to ORS 1.202 by section 36 of thia 2009 Act become
operative on July 1, 2011.
(2) The amendments to ORS 1.202 by section 36 of thia 2009 Act do not affect any fee
imposed before July 1, 2011, and all amounts added to judgments under the amendments to
ORS 1.202 by section 36 of thia 2009 Act thet are collected on or after July 1, 2011, shall
continue to be deposited in the Judicial System Surcharge Account.
EX PARTE ORDER OR JUDGMENT FEE
SECTION 38. (1) In any civil proceeding subject to a fee under ORS 21.110, 21.111, 21.114
or 21.310, the clerk of a circuit court shall collect the sum of $10 for filing or submission of
an ex parte order or judgment for the purpose of signature by the judge and entry.
(2) The fee established under thia section may not be collected for filings or suhmissions
in small claims actions.
(3) The fee imposed under thia section applies only to ex parte orders or judgments filed
or submitted on or after October 1, 2009, and before July 1, 2011.
(4) AU fees imposed under thia section shall be deposited In the Judicial System Sur-
charge Account.
(5) The collections and revenue management program established under ORS 1.204 may
not be reimbursed under ORS 1.204 from fees imposed under this section.
INTERIM COMMITI'EE ON STATE JUSTICE SYSTEM REVENUES
SECTION 39. (1) There is created the Interim Committee on State Justice System Re-
venues, consisting of three members of the Senate appointed by the President of the Senate
and three members of the House of Representatives appointed by the Speaker of the House
of Representatives. The Chief Justice of the Supreme Court and the Oregon State Bar shall
designate nonvoting liaisons to the interim committee.
(2) The Interim committee shall conduct a review of all existing Judicial Department fees,
fines and surcharges. The review shall identify:
(a) How the current revenue structure was developed, including when fees, fines and
surcharges were imposed and adjusted;
(b) Any deficiencies In the current revenue structure;
(e) All revenues generated under the current revenue structure, including revenues from
fees and charges estahlished by order of the Chief Justice;
(d) The distribution proceases for all revenues generated under the existing revenue
structure;
Enrolled House Bill 2287 (lIB 2287 -B)
Page 26
(e) How revenues generated from fees and surcharges affect low~income individuals;
(I) The feasibility of implementing a program to accelerate aild enhl.lDce collections of
fines and assessments; and
(g) The feasibility of collecting a portion of outstanding debts through renegotiation of
fines and assessments, or use of community service, in connection with programs such as
Project Clean Slate.
(3) The Interim committee shall develop recommendations, including draft legislation, on
improvements to the existing revenue structure. The recommendations should be based on
the following principles:
(a) Simplification of the revenue collection and distribution process, 1'nlnhni9'.Jlltion of ad~
ministrative and public costs, and transparency in the revenue collection process;
(b) Preservation of, or improvement to, state judicial system access;
(c) Ensuring legislative oversight of all state judicial system revenue collections, dis~
tribution and use; and
(d) Where practical, aHll"ing justice system access and costs with the revenues collected.
(4) The Interim committee shall receive periodic reports from the Judicial Department
on all revenue collected. by the department, including revenues from the temporary sur-
charges and fees impoaed under this 2009 Act and revenues from fees and cherges established
by order of the Chief Justice, and prepare reports to the Legislative Assembly on the revenue
forecast for those surcherges, fees and charges. If a special session is held during 2010, a
report shall be made to the Seventy-fifth Legislative Assembly within five days after the
special session is convened. In addition, a final report by the committee shall be made to the
Seventy-sixth Legislative Aasembly in the manner provided in ORB 192.245.
(5) The Interim committee shall receive periodic reports from the Judicial Department
and other justice system entities. The reports shall address the status of the justice system, .
including easeloacla, the costs of resentencing defendants and other factors affecting the
operating needs of the justice system during the 2009-2011 biennium.
(6) The Interim committee shall recommend distribution to justice system entities of
surcharge and fee revenues generated under this 2009 Act.
(7) A DUliority of the members of the Interim committee constitutes a quorum for the
transaction of business.
(8) Official action by the Interim committee requires the approval of a DUliority of the
members of the interim committee.
(9) The President of the Senate shall designate one of the members appointed by the
President to serve as co-chair of the interim committee. The Speaker of the House of Rep-
resentatives shall designate one of the members appointed by the Speaker to serve as co-
chair of the Interim committee.
(10) If there is a vacancy for any cause, the appointing authority shall make an appoint-
ment to become immediately effective.
(11) The Interim committee shall meet at times and places specified by the call of the
chairperson or of a majority of the members of the interim committee.
(12) The interim committee may adopt rules necessary for the operation of the interim
committee.
(13) The Legislative Fiscal Office, the Legislative AdmInistrator and the Judicial Depart-
ment shall provide administrative support to the Interim committee.
(14) AU agencies of state government, as defined in ORB 174.111, are directed to assist
the Interim committee In the performance of its duties and, to the extent permitted by laws
relating to confidentiality, to furnish such Information and advice as the members of the
interim committee consider necessary to perform their duties.
SECTION 40. Section 39 of this 2009 Act is repealed on the date of the convening of the
next regular hienniallegislative session.
Enrolled House Bill 2287 (lIB 2287-B)
Page 27
CAPTIONS
SECTION 41. The unit captions used In this 2009 Act are provided ooly for the conven-
ience of the reader and do not become part of the statutory law of this state or express any
legislative Intent In the enactment of this 2009 Act.
EMERGENCY CLAUSE
SECTION 42. This 2009 Act being necessary for the immediate preservation of the puhlic
peace, health and safety, an emergency is declared to exist, and this 2009 Act takes effect
on its passage.
Passed by House June 26, 2009
Received by Governor:
........................M............................................................ ro09
Chief Clerk of House
Approved:
........................M............................................................ ro09
Speaker of House
PIISlIed by Senate June 29, 2009
Governor
FlIed in Office of Seeretary of Stote:
President of Senate
........................M.................................,'........................., 2009
Secretary of Slate
Enrolled House Bill 2287 am 2287-B)
Page 28
2009 MINIMUM BASE-FINE SCHEDULE (MBFS-09)
SCHEDULE OF MINIMUM BASE-FINE AMOUNTS FOR VIOLATION OFFENSES IN OREGON
AS OF OcTOBER 1, 2009
Office of the State Court Administrator
Oregon Judicial Department
TABLE OF CONTENTS
About the Schedule ...... ................... ................. ................. .......... .......... ..... ................. .................. ......................... ..........
1
Highlights from the 2009 Legislative Session................................................................................................................... 3
Base-Fine. Amounts on Citations
CHART 1 - Classified Violations (Genemlly).............................................................................................................. 5
CHART 2 - Miscellaneous Violations That Have Special Provisions ........................................................................ 9
CHART 3 - Motor-Carrier ...................................................................................................................,....................... 14
CHART 4 - Fish and Wildlife......................................................................................................................................18
Explanation for Wor1<sheet Amounts and Calculations .................................................................................................... 19
Detailed Worksheets of Base-Fine, Maximum-Penalty, and Minimum-Sanction Amounts
WORKSHEET 1 - Classified Violations (Genemlly) ..................................................................................................27
WORKSHEET 2 - Violations Subject to Statutory Minimum Fines ............................................................................ 30
WORKSHEET 3 - Unclassified, Specific-Fine Violations .......................................................................................... 32
WORKSHEET 4 - Careless Driving and Illegal U-Tum .............................................................................................33
WORKSHEET 5 - Overtoad, Schedule I ...................................................................................................................35
WORKSHEET 6 - Overtoad, Schedule II ............................................................................................:.....................36
WORKSHEET 7 - Overtoad, Schedule III .................................................................................................................37
WORKSHEET 8 - Fish and Wildlife Violations ..........................................................................................................38
ABOUT THE SCHEDULE
Source: The 0lIice of the State Court Administrator (OSCA) provides MBFS-09 pursuant to ORS 153.138.
Effective Date: A temporary surcharge on offenses becomes effective on October 1, 2009, for offenses committed between
October 1, 2009, and June 30, 2011. Sanction amounts in this document include the new $45 offense surcharge on violations
where applicable (all violations except parking). Other changes adding new offenses, making modifications to existing offenses, or
changing distribution of monies paid may not be effective until January 1. 2010 (as noted in this document).
Ellecl on Previous SUmmartes: The immediate previous schedule to M8FS-09 is MBFS-08. released December 2007 and
effective January 1, 2008. MBFS-09 supersedes aD previous base-fine schedules and summaries for violations (induding fonner
schedules using tenns like "bail schedule" or "infractions").
Purposes: MBF~9 provides infonnation on
. minimum amounts that the citing enforcement omcer must enter on the cltsUon In the place designated for "base
fine- when charging a person with a violation offense, including those created by city or county ordinance (see ORS
153.008)
. minimum and maximum amounts courts can impose on conviction
. distribution of amounts paid
The base fine is not the maximum fine a court can impose. It is the fine amount the defendant can pay to resolve the violation
offense without having to do anything else, unless the law or the court requires the defendant to appear. (See ORS 153.061.) The
court can impose a higher fine, up to the maximum statutory sanction, if the taw or the court requires the defendant to appear.
Document Format: MBFS-09 includes worksheets that compute the base fines. Citing officers do not need the worksheets to
know what to write on a citation. The worksheets show the amounts of the various component monetary obligations in the base
fine. Courts can use the worksheets to adjust sanctions and properly disburse moneys_ The worksheets show any formula used in
a computed field and the statutory maximum and minimum money sanctions that courts may impose for specific violations.
Assessments Reflected: The amounts shown as "base fines" in MBFS-09 include
. unitary assessment (UA) established by ORS 137.290
. temporary "offense surcharge' (OS) established by Oregon Laws 2009, chapter 659. seclion 2, (frnm H8 2287)
. county assessment (CA) established by ORS 137.309
(Note: UA, OS, and CA do not apply to parking offenses. See ORS 153.125 for inclusion of UA, OS, and CA in base fine.)
What Base Fines Are Not1Do Not Do: The base fines listed in MBFS-09
. are not security-release amounts, bail, or security-release deposit amounts; they do not affect security-release procedures
under ORS 135.265
. do not indude any moneys for restitution or costs
. do not appty to misdemeanors or felonies; Oregon statutory procedures for crimes do not use -base fines"
Where to Find Base-Ane Schedules: MBFS-09 and earlier schedules are posted in PDF on the Oregon Judicial Department's
websi~www_courts.oreaon.aovIOJD. Click on Materials & Resources. Click on Court Rules. Using the drop-down menu,
select Base Fine Summary under "Schedules." Click on View.
,;
HIGHLIGHTS FROM TIlE 2009 LEGISLATIVE SESSION
Eadl session. the legislature may create new offenses, change existing classification levels. and modrty penalties. The schedule
does not identify aD new offenses or track all changes to existing offenses. The foHewing are some of the significant Iegislatjye
actions taken during 2009 related to violation offenses. This information is provided for your convenience.and is not a substitute
for feading the actual laws.
. Oregon Laws 2009. chapter 659, section 2. creates a temporary offense surcharge of $45 that applies to all violations
(except parl<ing) committed between October 1, 2009. and June 3D, 2011. (HB 2287)
. Oregon Laws 2009. chapter 834. effective January 1, 2010, modifies the offense of .operating a motor vehicle while using a
mobile communication device." Prohibits person 18 years of age or older from operating motor vehicle while using a
hand-held mobile communication device except under certain circumstances. Operator under 18 years old cannot use
hands-free or hand-held mobile communication device except under certain circumstances. On the effective date, this
becomes a primary offense (can be the basis for the traffic stop). (HB 2377)
. Oregon Laws 2009, chapter 198, section 1, effective January 1, 2010, modifies Oregon's "move over" law. Expands
offense of "failure to maintain a safe distance from an emergency vehicle or ambulance- to include Mroadside assistanceM
and Mtow" vehicles. Sets standard for the speed-reduction option on a highway having two or more lanes for traffIC in a
single direction, requiring slowing to a speed that is at least fIVe m~es per hour under the posted speed limil (HB 2040)
. Oregon Laws 2009. chapter 614, effective January 1. 2010, changes offense of 'refusalto lake a breath tesr to "retusalto
lake a test for Intoxicants.' Provides that all fines collected be credited and distributed to the State Police Accounl
Applies to offenses commilled and cilations issued on or after the effective date. (HB 2427)
. Oregon Laws 2009, chapter 498, section 1, effective January 1, 2010, expands "seatbert" requirements. Requires
operator of motor vehicle to secure passenger under 16 years of age when motor vehicle is operated on premises open to
the public. Requires persons responsible for safety and welfare of child under 16 years of age to secure child on certain aU..
terrain vehicles. (5B 579)
. Oregon Laws 2009. chapter 482, section 1, effective January 1. 2010. increases penalty for operating a motorcycle without
a motorcycle endorsement from a Class B to a Class A violation. Requires court to suspend fine on condition that person
complete motorcycle education course and obtain motorcycle endorsement within 120 days. (S8 124)
. Oregon Laws 2009, chapter 395, effective June 18, 2009, makes various changes related to commercial driver licenses.
(5B129)
. Oregon Laws 2009, chapter 452. effective January 1. 2010, requires operators and passengers of Class II ATVs to wear
motorcycle helmets if under 18 years old. (5B 583)
,
. Oregon Laws 2009, chapter 99, effective January 1, 2010. authorizes the Oregon Transportation Commission 10 adopt
rules governing health and safety in roadside rest areas and scenic overlooks that are in DOOrs jurisdiction. Creates
new Class 8 violation for violating the rules. (HB 2234)
. Oregon Laws 2009, chapter 587, section 4 (operative section). effective January 1. 2010, changes the penalties for
fUrnishing alcohol to a minor. (H83343)
. Oregon Laws 2009. chapter 764, sections 7 and 12. prohibft person from operating manually propelled boat that is 10 feet
or more in length without an aquatic Invasive species prevention permit. (Class 0 violation.) Applies 10 operators of
motor boats issued certificate of number whose number expires on or after December 31. 2011. (H8 2220)
. Oregon Laws 2009. chapter 303. effective January 1. 2010. prohibits person from launching boat into waters of this state
under certain circumstances related to aquatic species. (Class B violation) (HB 2583)
. Oregon Laws 2009, chapter 490. effective January 1. 2010, requires drivers and occupants to give notice to police officer
bnmedlately after vehicle accident under certain circumstances. Creates Class A violations of -driver failure to report an
accident" and "fa~ure of a vehicle occupant 10 make an accident report." (SB 314)
A. CLASS A VIOLATION
(Includes SPEEDING CNer 30 mph excess or over 85 mph, but under 100 mph, where legal speed is
65 mph)
INDMDUAL
1. Basic
2. Accldenllln]ury/rlsk - Substantial contributing factor to an accident resulting in property damage
or injury or substantial risk of injury
3. Traffic special zone - For traffic violations only, in a -highway work zone- or posted school zone
or designated .safely corridor'"
CORPORAnON
4. Basic
5. Accldenllln]ury/rlsk - Substantial contributing factor to an accident resulting in property damage
or injury .Q! substantial risk of injury
6. Traffic special zone - For traffic violations only, in a -highway work zone- or posted school zone
or designated "safely corridor'"
INDMDUALS AND CORPORAnONS
7. .Commerclal vehicle speed -In a vehicle that requires a commercial driver license. speed is
. at least10 mph greater than is reasonable and prudent under the circumstances. or
. 65 mph or more in a vehicle listed in ORS 811.111(1 )(b)
ON CITATION:
1......... $472'
2 . . . . . . . . . $544'
3 . . . . . . . . . $724'
4.........$868.
5........ $1012'
6. . . . . . . . $1300'
7. . . .Add $4210.
commercial
vehicle speed
B. ClASS B VIOLATION
ON CITATION:
(Includes SPEEDING - 21 to 30 mph exceSS!!! 76 to 85 mph where legal speed is 65 mph !!!!!!
UNCLASSlFIEO VIOLATIONS where statute does not specify a classification or a specific-fine
amount for a violation. See ORS 153.015(1).)
INDMDUAL
1. Basic
2. Accldenllln]ury/rlsk - Substantial contributing factor to an accident resulting in property damage
or injury .m:: substantial risk of injury
3. Trafllc special zone - For traffic violations only. in a .highway work zone. or posted school zone
or designated .safety corridor"
CORPORATION
4. Basic
5. Accldenllln]ury/rlsk - Substantial contributing factor to an accident resulting in property damage
or injury or substantial risk of injury
6. Traffic special zone - For baflic violations only. in a .highway woll< zone' or posted school zone
... or designated -safety corridor"'
INDMDUALS AND CORPORAnoNS
7. .Commerclal vehicle speed -In a vehicle that requires a commercial driver license, speed is
. at least10 mph greater than is reasonable and prudent under the circumstances, or
. 65 mph or more in a vehicle listed in ORS 811.111(1)(b)
1.........$287"
2.........$323.
3.........$400.
4 . . . . . . . . . $472"
5 . . . . . . . . . $544.
6 . . . . . . . . . $724.
7. . . "Add $42 lor
commercial
vehicle speed
C. CLASS C VIOLATION
ON CITATION:
(Indudes SPEEDING - 11 to 20 mph excess.!!! 66 to 75 mph where legal speed is 65 mph)
lNDMDUAL
1. Basic
1........ .$190"
2........ .$215"
2. AcclclentllnJury/rlsk - Substantial contributing factor to an accident resulting in property damage
or injury S!! substantial risk of injury
3. Trame special zone (for speed only) - Speeding in a "highway work zooe" or posted school zone
or designated -safety corridor"'
CORPORAnoN
3......... $251"
4. Basic
4.........$287"
5.........$323.
5. Acclclentlln]ury/rlsk - Substantial contributin9 factor to an accident resulting in property damage
or injury .!!! substantial risk of injury
6. Trame specIal zone (for speed only) - Speeding in a .highway work zooe. or posted school zone
or designated -safety corridor-
INDMDUALS AND CORPORATIONS
6.........$400.
7. .Commercial vehicle speed -In a vehide that requires 8 commercial driver license, speed is
. at least10 mph greater Utan is reasonable and prudent under the circumstances, or
. 65 mph or more in a vehicle listed in ORS 811.111(1)(b)
7 . . . "Add $42 for
commercial
vehicle speed
D. CLASS 0 VIOLATION
(Includes SPEEDING - 110 10 mph excess!!!: any excess speed in a funeral procession)
INDMDUAL
1. Basic
2. Accldenlllnjury/rtsk - Substantial contributing faclor to an accident resulting in property damage
or injury or substantial risk of injury
3. Trame special zone (for speed only) - Speeding in a 'highway work zone' or posted. school zone
or designated "safety corridor" \
CORPORAnON
4. Basic
5. Accldenllln]ury/rtsk - Substantial contributing faclor to an accident resulting in property damage
or injury or substantial risk of injury .
6. Trame special zone (for'speed only) - Speeding in a "highway work zcine" or posted school zone
or designated "safety corridor"
INDMDUALS AND CORPORAnONS
7. *Commerclal vehicle speed -In a vehicle that requires a conimercial driver license, speed is
. 10 mph more than is reasonable and prudent under the circumstances, or
. 65 mph in a vehicle listed in ORS 611.111(lXb)
E.
SPECIFIC-FINE VIOLATIONS. Specific-fine violations are punishable by a specific fine set in
statute. The statute does not designate the offense as a misdemeanor or felony or as a Class A. B. C.
or 0 violation and does not include a term of imprisonment as a penalty. The base-fine amount is the
fine amount set by statute plus $37 for the un~ary assessment. plus $45 for the offense surcharge.
plus the appropriate county assessment under ORS 137.309. See ORS 153.125(3).
(Base-fine amounts for some specific-fine violations are included in Chart 2 below.)
ON CITATION:
1.......... $142
2.......... $154
3.. . .. .. .. . $172
4.......... $190
5.......... $215
6.......... $251
7. . . "Add $42 for
commercial
vehicle speed
ON CITAnON =
Statutory Fine
+ $37 (UA)
+ $45 surcharge
+ County Assessment
for the specific-fine
amount
C::HARTi 2 - SI!ECIA~ vla~<ttiliI~ri~::. .
(N t = t. I. t) ~~-c:~,"'W:r;;.;'>..llf"j,,','h-,c'."-'f,~~~,..
o an e,~...aus lYe IS .,.;.If}~f',~,~i',-!,:,-;,;},.'t:.'': "::'JOF;.'.l::~~.o:,.-_",..~
~,_~:.\-:_\;-_.:::.'_;,.;-,_.:!.:.. ,",,' ,., ' .. ":,~:,,,-.;.,::,.. ~~:.. '.;.1:<-,.;,-~.:':,.:'_;:
A. TRAFFIC, SPEEDING. Driving 100 mph or greater. See ORS 811.109(5) (See Wof1<sheet2)
1. Individual
2. Corporallori
ON CITATION:
1........ .$1148
2. . . . . . . . . $2148
B. TRAFFIC, REFUSAL TO TAKE TEST FOR INTOXICANTS.' ORS 813.095 (See Worksheet 2)
1. Individual
ON CITATION:
1.......... $648
2......... $1148
2. Corporallon
*Note: The offense -refusal to take a breath test- becomes -refusal to take a test for intoxicants-
effective January 1.2010. (Or Laws 2009. ch 614, ~ 1)
C. TRAFAC, CARELESS DRIVING. ORS 811.135 (See Wor1<sheet 4)
ON CITATION:
NOT contributing to an a<&lent (Class 8 violation):
1. Individual
1.......... $287
2.......... $472
2. Corporal Ion
Contributing to an accident (Oass A violation). The base fine for this offense is not enhanced for
contributing to an accident See ORS 153.128(2):
. 3. Individual
4. Corporation
Contributing to an accident AND contributing to serious physical injury or death of a vulnerable user
(Class A violation) :
5. Individual and Corporation
3. . . . . . . . . . $472
4. . . . . . . . . . $868
5 . . . . . . -violation,
must appear"
Trame special zone, no accident. In a "highway work zone" or posted school zone or designated
"safety corridor'" (Class 8 violation. enhanced for zone):
6. Individual
7. Corporation
Traffic special zone, accIdent. In e "highway wort< zone" or posted school zone or designated
"safety corridor" (Class A violation, enhanced for zone). The base fine for this offense is not enhanced
for contributing to an accident. See ORS 153.128(2):
8. Individual
9. Corporation
6..........5400
7. . . . . . . . . . $724
8......... .$724
9........ .$1300
ON CITATION:
D. TRAFAC, U-TURN. ORS811.365 (See Worksheet 4)
NOT contributing to an accident (Class C violation):
1. Individual
2. Corporation
Contributing to an accident (Oass B violation). The base fine for this offense is not enhanced for
contributing to an accident. See ORS 153.128(3):
3. Individual
4. Corporation
Trame special zone, no accident. In a "highway work zone" or posted school zone or designated
"safety corridor" (Class C violation, enhanced for zone):
5. Individual
6. Corporation
\
1.......... $190
2. . . . . . . . . . $287
3..........$287
4. . . . . . . . . . 5472
5.......... $251
6. . . . . . . . . . 5400
Tramc special zone, accident. In a "highway work zone" or posted school zone or designated
"safety corridor" (Class B violation, enhanced for zone). The base fine for this offense is .!!.Ql enhanced
for contributing to an accident. See ORS 153.128(3):
7. Individual
8. Corporation
7. . . . . . . . . . 5400
8..........$724
E. TRAfAC, PARKING (slate offenses only).
1. Class A vlolallons (See Worksheet 2):
a. ORS 811.615. parking in space reserved for person with disabilities, first offense
b. ORS 811.615. parkin9 in space reserved for person with disabilities, second or subsequent
offense
c. ORS 811.625. use of a disabled-person parking permit by nondisabled person
d. ORS 811.627. use of invalid disabled-person parking permit
e. ORS 811.630. misuse of program placard, first offense
f. ORS 811.630. misuse of program placard, second or subsequent offense
2. Class D vlolallons:
a. ORS 811.617. blocking parking space reserved for persons with disabilities (See Worksheet 2)
b. Other (See Worksheet 1):
ORS 811.555. illegal stopping. slanding, or parking (many specifics in ORS 811.550)
ORS 811.570. improper parallel parking
ORS 811.575, violating posted parking restrictions on slate highway
ORS 811.580, parking on state highway for vending purposes
ORS 811.585. failure to secure parked motor vehicle
3. Speclftc..flne violation: ORS 811.590, unlawful parking in a winter recreation parking area (See
Worksheet 3)
ON CITAnON:
11'......... $360
1b.........5450
lc. . . . . . . . . 5450
ld. .
. $450
le. . . . . . . . . $360
11.........5450
2a..........$50
2b..........545
3........... $30
r
!
F. TRAfAC, HELMET (unclassmed, speclflc..fine violations only).* (See Worksheet 3) ON CITATION:
ORS 814.485, bicycle operator or rider under 16 years of age $122
ORS 814.486, endangering bicycle operator or passenger
. operator carrying person who is under 16
. parent, guardian, or person responsible for operator/rider who is under 16
ORS 814.534. motor-assisted scooter operator (all ages)
ORS 814.536, endangering motor-assisted scooter operator (parent/guardian/person responsible for
person under 16)
ORS 814.600. skateboarder, scooter rider. in-line skater under 16 years of age
*Note: Offenses for failing to wear required headgear on motorcycles, mopeds. and A TVs are
specified as Class C or Class 0 violations under their individual statutes.
G. DOG, MAINTAINING A PUBUC NUISANCE. ORS 609.095 and 609.990(2). (See Worksheet 3) ON CITATION:
$362
H. DRUGS AND ALCOHOL. ON CITATION:
1. Unlawful possession of Inhalants. ORS 167.808(5)(a) (See Worksheet 3)
a. First offense (unclassified) 1a......... $412
b. Second offense is a Oass B misdemeanor 1b. . . ,"Misd., must
appear"
2. Unlawful possession of marijuana. ORS 475.864 (See Worksheet 2)
a. Possession of less than one ounce (uncfassified) 2a.........$648
b. Possession of less than one ounce within 1,000 ft. of a school is a Class C misdemeanor 2b. . . .-Misd., must
appear"
3. Furnishing alcohol to a mInor. OlCC licensee or employee of licensee who fumishes alcohol 10
a minor but does not act knowingly or intentionally. See ORS 471.410 as amended by Or laws
2009. ell 587. ~ 4 (effective January 1, 2010) (See Worksheet 2)
a. First offense (Class A violation)
b. Second offense (Class A violation)
c. Third or subsequent offense is a Class A misdemeanor
4. Allow minor to consume alcohol on property. See ORS 471.410 as amended by Or Laws
2009. ell 587. ~ 4. (See Worksheet 2)
8. First offense
b. Second or subsequent offense
30.. . . .. . . . $472
3b.. ......$868
3c. . . ."Misd.. must
a_ar"
40. . . . . . . . . $472
4b. . . . . .. . $1148
A. MOTOR-CARRIER VIOLATIONS OF ORS CHAPTER 825. (See ORS 825.990)
1. Certificate or Permit Failure to oblain motor-<:arrier certificate or penni!. ORS 825.100 (Class A
violation)
a. Individual
b. Corporation
2. ODOT Rules. Violation of certain Oregon Department of Trensportation rules related to
commercial vehicles is a Class A violation, except where agency rule specifies a different level of
violation (as authorized in ORS 153.022). (See OAR chapter 740) .
a. Individual; no accident, injury, risk
b. Individual; accident. injury, risk
c. Corporation; no accident, injury, risk
d. Corporation; accident, injury, risk
3. Hazardous Waste. Violation of certain statutes, pennits, authority, rules, and process related to
hazardous waste is an unclassified misdemeanor, except where agency rule specifies a different
level of violation (as authorized in ORS 153.022). (See OAR chapter 740)
4. Out-<ll-Servlce. Knowingly violating an out-<lf-service notice. (Class A misdemeanor)
B. VARJANCE-PERMIT VIOLATIONS. ORS 818.340 as amended by Or Laws 2008, ch 10, S 1
1. Pilot Vehicle or Routing: Number of pilot vehides or routing. (Class A violation)
ON CITATION:
1a......... $472
1b. . . . . . . . . $868
2a. . . . . . . . . $472
2b.........$544
2c.........$868
2d........ $1012
3. . . . "Misd., must
appear
4. . . . "Misd., must
appear"
1...... Sameas
Chart 1, Sec. A
2. Axle or Tandem-Axle Weight Violation of weight provision by vehicle authorized by pennit to
exceed axle or landem-axle weights specified in ORS 818.010(1) or (2). (Subject to overtoad
Schedule II) ,
3. other Weight Provisions. (Subject to overload Schedule I)
4. All other Vartance-Penmlt Violations. (Class 0 violation)
C. OVERSIZE. ORS 818.060 and 818.090. Width, height, length - set by slatute, administrative rule, or
variance permit.
1. HelghlorWldth. ORS818.420(1)
a. First offense; Class 0 violation
b. Second offense within one year of first conviction; Class C violation
C. Third or subsequent offense within one year of first conviction; Class B violation
2. Length. ORS 818.420(2). Class 0 violation
D. OVERLOAD, ELIGIBLE FOR VARIANCE PERMIT. ORS 818.020(4)(a)
Violating maximum weight limits and vehicle was efigible for a variance permit. (Class A violation)
E. OVERLOAD, SCHEDULE I. ORS 818.430(1). Applies to violations of ORS 818.020 (violation of
slatutory tables). ORS 818.060 (violation of administrative Iim~s), ORS 818.340(6)(c) (violation of
variance pennit by certain vehides). (See Worksheet 5)
1. 1,000 Ibs. or less excess
2. 1,001 to 2,000 Ibs. excess
2...... Samess
Chart 3, Sec. F
3...... Sameas
Chart 3, Sec. E
4...... Samess
Chart 1, Sec. 0
ON CITATION:
18. . . _. Same as
Chart 1, Sect. 0
1b. . _. _ Same as
Chart 1, Sect. C
1c. . ... Same as
Chart 1, Sect B
2. . . . .. Same as
Chart 1, Sect. 0
ON CITATION:
Same as
Chart 1, Sec. A
ON CITATION:
1........... $92
2.......... $127
3. 2,001 to 3,000 Ibs. excess 3. . . . . $100 + 03~
per excess lb.
4. 3,001 to 4,999 Ibs. excess 4. . . . . $107 + 054
per excess lb.
5. 5,000 Ibs. excess 5..........$362
6. 5,001 to 7,500 Ibs. excess 6. . . . . $148 + 13~
per excess lb.
7. 7,501 to 10,000 Ibs. excess 7. . . . . $148 + 1~
per excess lb.
8. 10,001 to 12,500 Ibs. excess 8. . . . . $148 + 19~
per excess lb.
9. Mora than 12,500 Ibs. excess 9. . . . . $148 + 244
per excess lb.
Fann Vehicle Fine Reduction, ORS 818.430(2). Applies to vehides that are registered as fann
vehides, transporting agricultural products, loaded in the rlOld without benefit of e scale, and no more
than 3000 Ibs. over weiohl limn.
1. 1,000 Ibs. or less excess 1........... $92
2. 1,001 to 2,000 Ibs. excess 2.......... $112
3. 2,001 to 3,000 Ibs. excess 3. .... $97+1.5~
per excess lb.
4. OVer 3,000 Ibs. excess 4. .. no reduction,
see amts above
F. OVERLOAD, SCHEDULE II. ORS 818.430(3). Applies to offenses under 818.340(6)(b) (violation of ON CITATION:
variance pennit on axle or landem-axle weights). (See Worksheet 6)
1. 100 to l,499lbs. excess 1.....$207+10~
per excess lb.
2. 1,500 to 3,999 Ibs. excess 2. . . . . $212 + 10~
per excess lb.
3. 4,000 to 5,000 Ibs. excess 3. . . . . $248 + 10~
." per excess lb.
4. 5,001 to 10,000 Ibs. excess 4. . . . . $398 + 15~
per excess lb.
5. More than 10,000 Ibs. excess 5.....$648+30~
per excess lb.
G. OVERLOAD, SCHEDULE III. ORS 818.430(5). Applies to violation of posted weight lim~s (ORS ON CITATION:
818.040). (See Worksheet 7)
1. 100 to 999 Ibs. excess 1.....$207+15~
per excess lb.
2. 1,000 to 2,66& (bs. excess 2. . . . . $212 + 15~
per excess lb.
3. 2,667 to 5,000 Ibs, excess 3. . . . . $248 + 15~
per excess lb.
4. 5,001 to 10,000 Ibs. excess 4. . . . . $398 + 20~
. per excess lb.
5. More than 10,000 Ibs. excess 5........ "Misd.,
must appear'".
I
Per ORS 496.992, unless otherwise provided by law or agency rule (under ORS 153.022), a violation
of wildl~e laws and rules is either a
. Class A misdemeanor (with e culpable menlal slate), or
. Class A violation (without a culpable menlal state).
ON CITATION:
Base.fine amounts lor these Class A violations are set by statute (ORS 153.134 and 496.951)
and are not subject to the formula used to determine other base-fine amounts. These base-fm8
amounts apply whether the offender is an individual or corporation; they are not subject to the same
enhancements as other Class A violations.
NOTE FOR COURTS: The statutory minimum line Is correspondingly lower than lor other Class A
vlolattons.
1. Violations that do not involve taking wildlife, except for violations of the nonresident licensing
provisions of ORS 497.102 and 497.121 and the provisions of ORS 496.994
2. VIOlations that involve taking nongame mammals or game birds and size or quantity limits for fish
and shellfish, except salmon, steelhead trout, and sturgeon
3. Violations that involve taking salmon, steelhead trout, sturgeon, wildlife not otherwise provided for,
and all other wildlife offenses
1........... $75
2.......... $150
3..........$299
EXPLANATION FOR WORKSHEET AMOUNTS AND CALCULATIONS
GENERAL PROVISIONS
This section has general information about laws that affect sanction amounts for violation offenses. Details on some calculations
follow. The worksheets do not include infonnation on costs for payment plans. collection fees, diversion and other program fees and
assessments, or license reinstatement tees after license sanction.
1. OIIense Level.
Slate laws dassify most violation oIlenses as Class A, B, C, or 0 violations ("dassified" violations). If the law that creates a
violation offense does not designate a specific class level but gives a specifIC fine 85 the penalty, the offense is a "specific
fine violation" (see ORS 153.015(2)). An "undassified" violation is a Class B violation (ORS 153.015(1)), assumed here to be
any viotation without a designated cta~ or specific fine.
Various statutes allow state agencies and political subdivisions (for example, cities and counties) to establish lower
classifications and penalties by rule (agency) or ordinance (potitical subdivision) for some offenses or where state law
provides the sanction "for any violation of any. . .. rule or ordinance. (See ORS 153.022 and 153.025.)
2. M1axlmum Fine lor Individuals. ORS 153.018(2)
-~....._...,.
N'iotatiOfi. GI~~~~~ ~~';;14~MaXimumnjLrie'i:(nCf."',
. .. . ;.,/,~-';;,"~~>':~' ":;?-,r~': -~:S~sS:~~';l;':':'~
Class A violation
Class B violation
Class C violation
Class 0 violation
$720
$360
$180
$90
3. Maximum Fine lor CorooraUons. ORS 153.018(3)
Unless otherwise specified in the law creating a violation, the maximum fine for a corporation is twice the maximum fine
amount for an individual.
4. Unltarv Assessment. ORS 137.290 (does not apply to parking offenses)
Violations generally (except parking)
Violation for speeding in a vehicle that requires a commercial driver license where speed is
either
. at least 10 mph greater than is reasonable and prudent under the circumstances
. 65 mph or more in a motor truck with GVW rating over 10,000 Ibs., a truck tractor with
a GVW rating of more than 8,000 Ibs., or any of various vehides used for transporting
people listed in ORS 811.111(1)(b)
$37
Additional $42
($37 + $42 enhancement
= $79 total UA)
5. OfIense Surcharae. Or Laws 2009, ch 659, S 2 (does not apply to parking offenses)
An offense surcharge of $45 applies to ell violations (except parking) committed between October 1, 2009, and June 30,
2011.
6. County Assessment. ORS 137.309 (does not apply to parking offenses)
Up to $4.99 $0 $0 $0
$5 to $14.99 $5 $0 $0
$15 to $49.99 $15 $1 $3
$50 to $99.99 $18 $1 $4
$100 to $249.99 $25 $2 $5
$250 to $499.99 $30 $2 $6
$500 or more $66 $5 $7
<
7, Founclatlon Amount.
The "foundation amount- is the starting point for calculating the "base fine" that the officer writes on the citation. Unless
otherwise provided in slatute, the foundation amount is 50 peroent of the maximum fine for the violation (ORS 153.125(2)).
Different foundation amounts may apply to
. an offense that was a substantial contributing factor to an accident or created a substantial risk of injury to another
person (ORS 153.128),
. an offense committed in a special zone,
. a specific-fine violation (ORS 153.125(3)), or
. an offense with a specific minimum fine that is higher than the foundation amount that would apply if no minimum had
been designated (ORS 153.125(4)).
The worksheets reflect these differences. (Refer to the explanation below for details on foundation amounts in specific
worl<sheets.)
8. Base Fine. ORS 153.125, Or Laws 2009, ch 659, S 2 and ~ 2a, ORS 153.134, ORS 496.951
Base fines apply to violation offenses only.
Unless a statute specifies otherwise, the base fine is the sum of the
. foundation amount,
. unitary assessment,
. offense surcharge, and
. county assessment at the foundation-amount level.
Per ORS 153.145. the worksheets round base-fine amounts to the nearest whole dollar. (Refer to the explanation below for
details on base-fine calculations in specific worksheets.)
A number of violation offenses can be created by state agency rule or by local government ordinance or rule. These
offenses are subject to the same fonnulas used to calculate slalutory base fines. (See ORS 153.008 and 153.125.)
9. Maximum Possible Penalty. The worksheets include the "maximum possible penalty.. This is the sum of the maximum
fine, the unitary assessment (enhanced where applicable), the offense surcharge, and the oounty assessment (at the
maximum fine level). The maximum penalty does not include restitution and costs, which may be imposed in addition to
sanction amounts indicated in the wor1<sheet. (Note: In some inslances, the base fine and the maximum possible penalty
may be the same amount.)
10. Minimum Sanction. The worksheets include the "minimum sanction"--the minimum monetary sanction oourts can impose
on oonviction. Courts cannot defer, waive, suspend, or reduce the sanction below this amount. The minimum sancfton is
typically either 75% or 20% of the base-fine amount (see ORS 153.093); however, some statutes specify higher minimum
penalties. (Refer to the explanation below for details on minimum sanctions in specific worksheets.)
11. Mlnlmum-Sanctlon Distribution. ORS 153.093(3) provides that the "minimum fine" indudes unilary and county
assessments. The worksheets, therefore, assume that the -minimum fine- includes those assessments in full (where
mathematicaDy possible) rather than a discounted amount Or Laws 2009, ch 659, which aeated the temporary offense
surcharge and expressly made it part of the base rlne, did not modify ORS 153.093(3) 10 specifically make the offense
surcharge part of the -minimum fine-; therefore. the worksheets discount the offense surcharge to the same extent they
discount the base fine when calculating the minimum sanction. For example, if the minimum sanction is 75% of the base
fine, the minimum sanction indudes only 75% of the offense-surcharge amount eslablished in Or Laws 2009, ch 659, S 2.
Statutes affecting minimum sanctions vary considerably. Some minimum-sanction amounts are not enough to account for all
assessment, surcharge, and fine amounts and require setting priorities for distributing the amounts among the assessments,
surcharge, and fine. Lacking specific statutory priorities, OSCA distributes the minimum sanction as follows:
1" Priority
2'" Priority
3'" Priority
4~ Priority
Unitary assessment
Offense surcharge
County assessment
-Fine- (whatever remains after the assessments and surcharge)
The worksheets reflect these priorities. For example, if the minimum sanction is $37 or less, then all of the money goes to
the unitary assessment. Where calculations result in mathematical conflicts between the county assessment and fine, the
worksheets give priority to the county assessment. For example, if $275 remains after deducting the unitary assessment and
offense surcharge from the minimum sanction total, then the worksheet would show a county assessment of $30, even
though deducting $30 would leave $245 for the fine - an amount in the range where e $25 county assessment would
theorefically apply: deducting a $25 county assessment would leave $250 for the "fine," to which a $30 county assessment
applies.
WORKSHEET 1 - CLASSIFIED VIOLATIONS (GENERALL vI
1. Foundation Amount {Column "dill. The foundation amount for these viotations is the maximum-fine amount for individuals
or corporations, times one of the following percentages:
~:"--"l.I:,,\:,,{a:l:3''''''.''" ~~g~(ot!~;. '\/C; ... . ....Ni'i1i~tijliti' .;> ic;.".#!,\ii;"'-"<;&~'~~r
~;,.~..r~.nJ~ :' ,{,-'\~-:-";1~~f,...:":1~~}~,,, ,- ~ -;::::;.
50% 153.125(2) Generel (basic)
60% 153.128 SubStantial contributing factor to an accident that resulted in property damage or personal
injury, or created a substantial risk of injury to another person (excluding -careless driving-
and "illegal U-turn" offenses)
80% 153.131 Occurred in highway work zone, posted school zone, or designated safety corridor
2. Base Fine IColumn "h"t The base fine is the sum of the foundation amount, the unitary assessment (enhanced where
applicable), the offense surcharge, and the county assessment (at the foundation-amount level), rounded to the nearest
wf10le dollar.
3. Minimum Sanction (Column "mol. Per ORS 153.093(1)(a), the minimum sanction for dassified violations is generally 75%
of the base-fine amount; however, ORS 811.230(2)(a), 811.235(1)(a), and 811.483(2)(a) specify that the minimum sanction
for certain violations committed in highway work zones, school zones, and safety corridors is the base-fine amount.
WORKSHEET 2 - VIOLATIONS SUBJECT TO STATUTORY MINIMUM FINES
1. Foundation Amount lColumn Ud"t The foundation amount for these violations is 50% of the maximum fine for the offense.
The maximum fine is either the maximum fine for the specific class of violation or the fine specified in the statute(s) for a
specific offense.
2. Base Fine (Column "h"l. Per ORS 153.125(4), the base fine is the sum of either the slatutory minimum fine or the
foundation amount (whichever is higher), the unitary assessment, the offense surcharge, and the county assessment.
3. Minimum Sanction ICoIumn Um"t The minimum sanction is the sum of the statutory minimum fine, the unitary
assessment, the offense surcharge, and the county assessment.
WORKSHEET 3 - UNCLASSIRED, SPECIFiC-FINE VIOLATIONS
1. Foundation Amount IColumn "e"t The foundation amount for these violations is the specific-fine amount specified in the
offense statute.
2. Base Fine IColumn Ua"t The base fine is the sum of the foundation amount, the unitary assessment, the offense
surcharge, and the county assessment (at the foundation-amount level).
3, Minimum SancUon (Column "L"l. Per ORS 153.093(1)(b), the minimum sanction for specifio-fine violations is 20% of the
base-fine amount
WORKSHEET 4 - CARELESS DRIVING AND ILLEGAL U-TURN
1, Foundation Amount lColumn Ad"). ORS 153.128(1) provides that the foundation amount for offenses that are a substantial
contributing factor to an accident that resulted in property damage or personal injury or that created a substantial risk of injury
to another person is 60% of the maximum fine for the class of violation; however, subsections (2) and (3) specifically exclude
careless driving (ORS 811.135) and illegal U-tum (ORS 811.365) offenses that contributed to an accident. Worl<sheet 4
calculates the foundation amount for careless driving or illegal U-turn, where the offense contributed to an accident, at
/
. 50% of the maximum fine (basic), or
. 80% of the maximum fine (offense in a highway work zone, school zone, or safety corridor) for the class of violation,
except where an accident resulting from careless driving contributed to the serious physical injury or death of a
"vulnerable user." For contributing to the serious physical injury or death of a vulnerable user, ORS 811.135(3) requires
the court to impose a fine of up to $12,500 but suspend imposition on condition that the defendant meets certain
requirements. This maximum penalty is used to calculate the foundation amount in lieu of the maximum fines that would
nonnally apply to dassified violations.
2. Base Fine tColumn "h"l. The base fme is the sum of the foundation amount. the unitary assessment, the offense
surcharge. and the county assessment (at the foundation-amount level), rounded to the nearest whole dollar. (Note:
Although Worksheet 4 includes a base-fine amount for careless driving contributing to the serious physical injury or death of
a vulnerable user, this is for infonnation purposes only_ The defendant must appear in court and cannot pay a base fine to
avoid appearing_)
3. Minimum Sanction (Column "m"l. Per ORS 153.093(1)(a), the minimum sanction for dassified violations is generally 75%
of the base-fine amount; however, ORS 811.230(2)(a), 811.235(1 )(a), and 811.483(2)(a) specify that the minimum sanction
for certain violations committed in highway wor1t zones, posted school zones, and designated safety corridors is the same as
the base-fine amount.
WORKSHEET 5 - OVERLOAD, SCHEDULE I
Per ORS 818.430(1), the "fine" for these violations is either a specific amount or a calculated amount based on the number of
excess pounds and a statutory rate per pound within ranges of excess weight. Worksheet 5 is broken into ranges of excess weight
where statutory rates change and where a calculated amount raises the fine to a level where a different county assessment applies.
1. Foundation Amount (Column "dill. The foundation amount is either a specific fine or the number of excess pounds times a
statutory rate per pound. Wor1tsheet 5 shows a specific foundation amount where practical, but typically shows only the
fonnula for calculating the correct foundation amount.
2. Base Fine (Column "hilt The base fine is the sum of the foundation amount, the unitary assessment, the offense
surcharge, and the county assessment (at the foundation-amount level). The base fme and the maximum penalty are the
same amount, except that the base fine is to be rounded to the nearest whole dollar, while rounding does not apply to the
maximum penalty. Wor1tsheet 5 shows a specific base-fine amount where practical, but typically shaHS only the fonnula for
calculating the correct base-fine amount.
3. Minimum Sanction (Column "k"l. Violations of vehide weight requirements are subject to specific fines; therefore, per
ORS 153.093(1)(b). the minimum sanction is 20% of the base fine. Worksheet 5 shows a specific minimum-sanction amount
where practical, but typically shows only the fonnula for calculating the correct minimum sanction.
(Note: The Office of the State Court Administrator has an Excel spreadsheet available that allows the user to input the actual
pounds of excess weight The spreadsheet will then calculate the actual foundation amount, base-fine, minimum-sanction, and
minimum-sanction distribution amounts for the user.)
WORKSHEET 6 - OVERLOAD, SCHEDULE II
Per ORS 818.430(3), the "tine" for these violations is e specific amount plus a slatutory rate per pound; the slatute sets both the
specific amount and the rate per pound based on ranges of excess weight. Worksheet 6 is broken into ranges of excess weight
where statutory rates change and where a calculated amount. raises the fine to a level where a different county assessment applies.
1. Foundation Amount (Column "d"l. The foundation amount is the specific statutory amount for the weight range plus the
actual excess weight times the rate per pound. Worksheet 6 shows only the fonnula for calculating the correct foundation
amount.
2. Base Fine (Column uhnl. The base fine is the sum of the foundation amount, the unitary assessment, the offense
surcharge, and the county assessment (at the foundation-amount level). The base fine and the maximum penalty are the
same amount, except that the base fine is to be rounded to the nearest whole dollar, while rounding does not apply to the
maximum penalty. Worksheet 6 shows only the fonnula for calculating the correct base-fine amount.
3. Minimum Sanction (Column uk"l. Violations of vehicle weight requirements are subject to specific fines; therefore, per
ORS 153.093(1)(b), the minimum sanction is 20% of the base fine. Worksheet 6 shows only the formula for calculating the
correct minimum sanction. '
(Note: The Office of the State Court Administrator has an Excel spreadsheet available that allows the user to input the actual
pounds of excess weight The spreadsheet will then calaJlate the actual foundation amount, base-fine, minimum-sanction, and
minimum-sanction distribution amounts for the user.)
WORKSHEET 7 - OVERLOAD, SCHEDULE III
Per ORS 818.430(5), the "fine" for these offenses is a specific amount plus a staMory rate per pound; the statute sets both the
specific amount and the rate per pound based on ranges of excess weight. Worksheet 7 is broken into ranges of excess weight
where statutory rates change and where a calculated amount raises the fine to a level where a different county assessment applies.
1. Foundation Amount (COlumn "d"). The foundation amount is the specific staMory amount for the weight range plus the
actual excess weight times the rate per pound. Worksheet 7 shows only the formula for calculating the correct foundation
amount.
2. Base Fine (Column "h"l. The base fine is the sum of the foundation amount, the unitary assessment, the offense
surcharge, and the county assessment (at the foundation-amount level). The base fine and the maximum penalty are the
same amount, except that the base fine is to be rounded to the nearest whole dollar, while rounding does not apply to the
maximum penalty. Worksheet 7 shows only the formula for calculating the correct base-fine amount.
-,
3. Minimum Sanction 'Column uk"\. Violations of vehicle weight requirements are subject to specifIC fines; therefore, per
ORS 153.093(1)(b), the minimum sanction is 20% of the base fine. Worksheet 7 shows only the fonmula for calculating the
correct minimum sanction.
(Note: The Office of the Slate Court Administrator has en Excel spreadsheet available that aUows the user to input the actual
pounds of excess weight The spreadsheet will then calculate the actual foundation amount, base-fine. minimum-sanction. and
minimum-sanction distribution amounts for the user.)
WORKSHEET 8 - FISH AND WILDLIFE VIOLATIONS
1. Foundation Amount. ORS 496.951 sets specific ba....fine amounts for violations of wildlffe laws; therefore, there is no
separate foundation amount.
2. Base Fine 'Column ub"l. The base fine is the specific amount in ORS 496_951_
3. Minimum Sanction (Column "L"l. Per ORS 496.992, violations ofwildlffe laws are either Class A misdemeanors (not
subject to base fines) or Class A violations. The minimum sanction for these Class A violations is 75% of the base-fine
amount (see ORS 153.093(1 )(a)). Note that because ORS 496.951 sets specific ba....fine amounts, and the minimum
sanction is 75% of the base fine. the minimum-sanction amounts may not account for the offense-surcharge amount that
applies to other Class A violations.
MM:shl0geMM001sh
9/15/09
(.) (b) (,) (d) (,) (0 (g) . ~; (h) (i) (J) (t) _(1:). (m) (n) (n) (n) (q) (,) (t)
(I)MBFS-09 WORKSHEU I, " M.u F....... VA OS CA .... LEMLA SC.... CArn, II Mbdiiilm VA OS CA "Fbae"S LEMLA scnA
Cl.ASSIFJED VIOLA 110m (GeocnDy); (Onm "'" linn ...."'" 10 (b) 10 (b) M.u '- 111(111) m(lII} "(III) "(m) 1o(P) 1o(P)
OfI'cmeIFoundatioulllDOllDt".on: (I}) Am.... FIae(c) (~~
!mm::5O% (153.125(2)J (c.b) ("-r<-gJ ""'" ""'" 7'''" of (7S%of (m-n-o-p)
In!!!. - Accidentfmjmylrisk - 60% ronnd<d 00 ... 00'" g .... 0
(153.128(1)) ;o(g) ;o(g) ,Fiue(b);
!.l1!!..!!-Tm&:specllJ:r0ne5(forCand - ......
Oviollliom.lppliesto5peCdouly); I cllrftr,
1) HwyWldZarx [811230J, ......,
Z) PtlmdSdlool1.Ame[811.2.151 -
J)~SafdyCorridoz-I811.483J .......
[1'3.13IJ =10%
ImE.ID-COllllIlacialvdlX:Ie~ '"
+SflUA--I.. I (137.29O(1X.}J
CLASS A VIOLATIONS -
(2)AVJol,Individual,basic/~ "'" InO .,.. S37 '4> ~ ", 52 $6 ~ ~:f;dl'4.~ $37.00 $33.75 $30.00 $253.2' $2.00 $6.00
(3) .&.tividuaI. T 1/_ .... .no "" S37 '" . 52 $6 _ r.;;" S408. $37.00 $33.75 SJo.OO $307.25 52,00 $6.00
(4)A.ll!I..lDdividual, TypeU/8O% 80% .no 5576 S37 '" In ss $7 __ ,AiIIt iD (b jClUUIOt M waIvtcl, nda<<d. or nspeDded below amolllll
blcolamra(1l)
(5) AnlI-. individPaJ. bail;: + Type m I "'" .no ,36lJ '79 ", .~ SS, 52 $6 '" - S38S;X 579.00 533,75 $25.00 $247.75 $2.00 SS.OO
50% + UA cuhmccd
(6) 4.ll2l-. &.tMduaL Type I + Type m I ""' $nO "" '79 ", SJ( SS. 52 $6 '" - S439.3C $79.00 $33.15 $30.00 $296.75 $2.00 $600
60% + UA cuhmccd
(7) AnlI., Individual, Type n + Type m 80% .no $576 $7n ", '" $7. SS $7 $6( - ~AiIIt ,in (h ~UIIIlt be -ntnd, mIactd, Dr ~ beIDw _IIDI
f 80% + UA enbmced b eohuna (h)
. .C _basic/5(l-A _. $1,440 $720 .71 '" '" r.~" ',$86 SS $7 .$1!58 ;,:~$651'. $37.00 $33.75 $6600 $514.25 $5.00 $7.00
. ..C .,T I/~" ""' $1,440 $864 S77 ", tt<"U,OI SS 51 ~.$I!58 ;;'M$759, $37.00 $33.75 $66.00 $622.25 $5.00 $7.00
(10) A...n2I., Corp_. Type D 18o-A .... $1,440 $1.152 $3' ", '" $1). SS $7 - ~'Amtin(b FUUIOt be waived, ~orRlqJelllkd bdawamolUll
'i , 10 eoIlmm (h)
(II)A VIol., Corp.. b.sic + Type III I "'" $1,440 $720 $7' ", "'I $9' SS $7 ..... i ~ $68'." $79.00 $33.75 $6(00 $503.75 UOO $7.00
5O%+UACDbmc:ed
(12) A...n2I-, Corp_ Type I + Type m I 1$1,440 .... '79 '" '" .cc<$I~' SS $7 .. . $7\JO-" $79.00 $33.75 $6600 $611.75 SS.OO $7.00
6O%+UAeuha:uced
(13) Al1!I., Corp.. Type D + Type ID I 80%1 $1,440 $1.152 '79 ", '" $1.34 SS 51 '" . ".AmI,w,(h lL"amaoI be watved, ftdactd. or nspndtd lldrw _lUll
8O%+UAcahaDted ~., baCDllmul(h)
Ct.ASS B VIOLATIONS h'> - .<
14 Individual buic I SO%. ""' .,.. $180 S77 ", 52 ;~~,'-<S28 52 SS =-:'" mI.$215:25 $37.00 $33.75 $25.00 $119.50 $2.00 $5.00
(15) ,- 1/_ _ $360 $216 S77 '" 52 ~'8":$32 52 SS -", R$24H $37.00 $33,75 $25.00 $146.50 $2.00 55.00
(16).IlYt!!I.,fDdividual. TypeD/8O% """ $360 '28. S77 ", '" W.c..... 52 $6 - ~,~~ IL"UlIlOl: be wund. re<<atecl, or tuspeaded. below unoul
ba eohuna (]a)
(I7)IU:I2I..fndividwd.ba.ic+TypeWI "'" $360 $180 '79 '" ." $3~ 52 SS .~ - ~(,S24(j:! $79.00 $33.75 $25.00 $109.00 $2.00 $5.00
5O%+UActthIIDced
(18)1!.l:I!!I., lndividualType I+TypeW "'" $360 $216 '79 '" 52 $3~ 52 SS .~ - ~. "$273:7 $79.00 $33.75 $25.00 $1J6.00 $2.00 $5.00
16O%+UAcahaDted
(.) (b) (0) (d) (,) <0 (g) (b) (i) 6) (1) _(1:). (m) (0) (0) (0) (0) (r)' (.)
(I)MBFS-09 WORK.'iIlEETI. " Mu ...... U. os c. ":'00:... LEMLA 5CFM CA... II MIoIm_ U. os C' "fIDe"S LEMLA sen.
CLASSIFIED VIOI.J\TIONS (GcDcraIly): 1- .... ... "(10) "(10) Mu ........ m(lII) bIo(m) m(m) m(lD} "(P) "(P)
Offmsel Fooodatioo ImOODl: % 011: (.)) "-'" fIDe(t) (::Ex
.tsm.:SO%[153.12S(2)] (c.b) (~r+g) ""'" ""'" J~%of (7:l%of (m-n-o-p)
Imt!. - Accidentf"wjUl}'/risl; = 60% ........ 00'" 00'" g """ Q
(153.128(1)] m(g) m(g) FiDe{b):
I2.!!-Trafficspecialzooes(forCand ......... aaaoc
Dviolatiom,applX:slo5pCCdODly): I -.
I) Hwy Wort:"lAoe (811.230}. ......
Z) PostedScbool'h:1tJ1e 1811.235) -
J) Oc$igoakd Safety Corridor (811.483) ...ox.
(153.131J =10%
ImE.IIl-C~iaJ\ldticlespeed =
+S4Z UAenbancemml [1J7.290(2Xa)]
(19)ft.n!j.,lDdMdual TypeU+Type 80% .... .,.. ." .., S3< S<< $1 $0 $3C."Amlintb lC......lte walvftl, reduced. or IIIspt'Dded beIlnt' _lUlt
m/8O%+UACDIlmoed ~ ~ """"""(10)
(20) ,C _. basic I 50% "'" S720 $360 S37 ..., $1 $0 ~ $37.00 S33.7S 530.00 S2B.2' $2.00 16.00
21 B ..C .. ""'" "'" .m ..." S37 ..., $1 $0 - ...... $37.00 $33.75 SlO.OO 5307.25 $2.00 $6.00
(22) .I!..YI!!I.. CO[J)., Type U 180% 80% $nO $576 S37 ..., ... $n " $3 SO - AmtiD(h lCanoe be .and. mhxecl, or IUspeadtd below amouat
h mIama (b)
(23)JU:I2l..Corp.,basic+Typeml "'" $nO ."" ." ..., S3< '" $1 $0 SO - S38S.5< $79.00 $33.75 $25.00 S241.7S 52.00 UOO
50",4 + VA CDhmccd
(24) !U1!!l., Corp., Type I + Type m I ." .m ..." ." ..., S3< "'" $1 $0 "1_ $439.' $79.00 $33.75 530.00 $296.75 $2.00 $0.00
6O%+UAeubaoccd
(2S)Il.!!!!!I.,Corp.. Type U+ Type ml ... .m S,H6 ". ..., ... ". " " ><<t_ Aul!in(b ...... be 1ndYed. nctDttd., or Rllpt'llIded beIvw __I
80% + VA enbmted """"""(10)
CLA5S C VIOLATIONS -
26 Individualba$it;:/~ "'" Sl80 ... SJ1 ." Sl Sl Sl ... $1 _$18 :' $142. $37.00 $33.7S $1800 SS3.n $1.00 ....00
2 C IDctimual-'=;:;-1 I 60% 60% Sl80 Sl08 SJ1 ..., $1 S2I $1 " $1 -'" ' $16L2S $37.00 $33.7S $18.00 $72.50 $1.00 ....00
(28}~IDctividua1. TYIJe'll/8O% 80% Sl80 Sl44 SJ1 ..., l2' $1Sl $1 " $1 - AmtiD(b aDDOI be ..-aInd, I't'daud. or IIlSpeIIdN bdow amolUll
b. coInm (II)
(29)~lDc!ivilbl,baIr:+Typeml ,., Sl80 ... ." ..., Sl S2J Sl ... S2 - $174.0 $79.00 $33.7S $IS.OO S46.2S SLOO $3.00
SO% + VA enbmted
(30)~1:lIdivicml. TYIJe'I + Type W ." Sl80 Sl08 ." ..., $1 '" $1 " "'1- $192.7 $79.00 $33.7S $18.(10 $62.00 $1.00 $400
, 60% + VA enbmccd E,
(JI)~IndividuatTypeD+Type: 80% Sl80 Sl44 ." ..., $1 ." $1 " $1 - 1Amtw(b umoI be waved, redactd. or nspuded bdow albollDl
m 180% + UAmbmoed " .' la cobuaa (II)
(32) C .. bask I SO% "'" .... Sl80 S37 ..., $1 =it $1 " -... i;;S2U.2:5 $37.00 $33." $UOO $119.SO $1.00 $:5.00
(33) C , ""'" .... $216 $37 ..., $1 " $1 " . -... ;>$242:2 $37.00 $33.7S S2S,OO $146.SO $2.00 $5.00
(34)~ Corp.. Type 0/80% 80% ."" .,.. S37 ..., S> $1 $0 S3< - ~Amtui(h umoI be walvtd, redacecl, or IUsptackd below amollDt
la colama (II)
(J5)~Corp..buic+Typeml ,., $360 Sl80 ." ..., 12 $3'f $1 " SJi - $246.7 $79,00 $33.7S S2S,OO $109.00 $2.00 $HXl
SO'..+UAenhaoccd
(.) (b) (,) (d) (,) (0 ) (b) (Q ") (1) _(1:). (m) (0) (0) ) ( (<) (.)
(I)MBFS-OlJ WORKSHEETI, '" M.u Fomoda- UA OS CA ,... LEmA """" CA.., ~ MlDlDi1llD UA OS CA ftFlDe"S LEMLA SCFSA
CLASSIFIED VIOLATIONS (GeoenUy): ''''m .... .... -... ''(1)) ''(1)) M.u ~ balm) balm) ba(lR} balm) "11>) "11>)
0ffemeJ Fooodatioo IIDJOODt % on; (.)) "-" FIDe(~)
!!mk '" SO% [153.125(2)J (c.b) (.....(<a ...... ...... ,,"'''' (7.5%ot (,.."..",)
!II!!.!. - Atticknffmjmy/risl '" 60% """"'"' m_ m_ e e- o
(m.l28(1)] mW mW FiDe(h);
!m!.!!' Traffic speciaJ.ZODe$((orCIDd - :c:auot
D violatioos, applies 10 speed onJy): I -,
I) Hwy Work bme [81 1.230]. -
1) Po5Ie:tScboolZooe(811.23.'i) A1spnd,
3)DesiguatedSafetyCorridoc(811.<l83] -~
(153,131) =10%
ImLID.COIDIDCICialYdDclespecd .. .
+S41UA-'"""--'tfI37.29O(2X')]
(36)~Corp_.TypeI+Typeml ... '300 $216 '79 '" .. '.,., .. " IJ( - ~-" $273.1 $79.00 U3.75 $25.00 $136.00 ".00 $5.00
6O%+UAcuhanccd
(37)~ Corp_ TypeD +Type WI .... S360 ''''' 179 '" I ... .. 16 Ix - "Amtio(h :.:u.otbewatYed,I'ftIamI.OI'lRISprDdedbdowamollld
SO%+UAeohaoccd """""(I>)
CLASS D VIOLATIONS -
~lDdividual,bllsX:/.5O% ,... 190 '" S37 .., II ',Ut II 13 II _II l1"fSI06. $37.00 $33.75 $15.00 $20.75 $1.00 1300
39 Iodivicbll, T 1/60% - 190 '" 137 .., II :$15 II .. II _" .>-'\:$115:5 $)7,00 SJJ.75 $15.00 $29.75 SUM) SJ.OO
(40) 1lYI!!I., Individual, Type n /80% ..." 190 S72 S37 .., II 1m II .. 'I - '.'Amtin(h ::aJUIOt be waIwd. ftduc:ed. or laipeaded bdow 'lIIIOul
_(1))
(41)1!.l1s!b IndividoaL basic + Type IDI ,... 190 '" 17' .., II "" II 13 'I - >SI38.()( $79.00 $33.7.5 SJ5JXl $10.25 $1.00 . $3.00
5O'.4+UAcuhmcc:d
(42)l!.!I!zL.lndividuaL Type I + Type W - 190 '" '79 .., II 119' II 14 II - $147.UI. $79.00 $33.75 $15.00 $19.25 $1.00 $3.00
160% + UA cuhmocd
(43)lUJ!!!.,lndividuaL TypeU+Type .... 190 In '79 .., II '21 '1 .. II - l-AIi:d:io(h azmaI be watYecl, mhad, or' nupuded below lUManl
m/8O%+UAenhalxed """"""')
(44) ,Corp_basic 1 50% ,... IlSO 190 S37 .., II II II 14 .. _12' (:.[$142: $37.00 $33.75 SI8.00 $53.75 $1.00 "00
" .C .. T 11- - IlSO '108 137 .., 12 , :$21 .. " .. -.. ~~$16L2 $37.00 $33.75 $18.00 $n..so $1.00 1400
(46) I!.l:l!d-. Corp_. Type n 180% .... IlSO 1144 S37 '" S2 '$251 .. " .. .. ~I\mtili{b aaaot be waived, red1Iced. or llIIpfaded bdln'J alDOant
, ' ! lID roIumII (II)
(47) I!..n!L. Corp., basic + Type m 1 "'''' $180 '90 179 14' 'I '21 II .. .. - ,-:"'!-$174.':I'- $79.00 $33.75 $IS.OO $46.2S $1.00 $3.00
5O%+UAeubao&xd "'
(48) I!.nzI., Corp_. Type 1 + Type m I - 'ISO 1108 17' .., I~ :',"S2S .. " .. - f;':;'~.I?-2.;?~ $79.00 $33.7S $18.00 $62.00 $1.00 ".00
6O%+UAenhaneed ~'"
(49)~ Ctwp..TypeD+Typeml .... 'ISO 1144 '79 .., ,~ ... 12 " ru - fAndiu(h puoe be W1dftd, mfaced. or' AUptadcd below_I
80% + UA cuhmocd '!">t:, ba coIama (II)
(SO) D VIol. PartIq, basic I SO% ,... 190 14' 10 10 R 14 10 10 " . '-";-S33.7 1000 1000 1000 nJ.7S 10.00 10.00
811.5SS. 8IU70. 81U7S. 81U80.11Dd
811,j8S
~: ORS81 I.Ul9(S) sma flat fi:neofSl.OOO roranyclassi1ied speeding violation io ORS 81 1.l09 ifthepasoo was driving 100 mpb or 1DOIl:. (See Wotbhcet 2 ror applicable amounts.)
(.) (b) (,) (d) (,) (n ,(.) (b) (0 m (t) _(lJ). (m) ,: (0) (0) (0) (0) (,) (.)
(l)MBf'S.09 WORKSHEET 1. M.u S_ F....... VA OS CA 1009" l.EMLA SCF5A CAr.. .... MlDbDiuzI VA OS CA "FIDe"S LEMU SCF5A
STAnITORY MINIMlJM FINES Ihat ..... .......... .... ......... m(b) m(b) M.u ......... .- m(m) lD(m) "(m) balm) m(p) m(p)
1lTt:dbase-fiDec:alculation,ISJ.I2S(4) ..... ......... .....(b) ~
Use if (.5O%ofb) (cord ...... ...... (b"Ieffft), (e+e+r+s) (m-~)
- UseiC +e+f-Tg>, ~"'" ~"'" "'"
"""'(d) hi"'" roUnded in (g) loW inc~
than (c) R:Stitutioo
. m_
!JPEEDL"l/G 100 MPH OR MORE . . -
(2)AJ:l2bSpcediDg lOOmpbor greaIa", $1,000 $1,000 '>00 $37 '4S ... :,;$I,I4l! " $1 ... .- :51.148.(11 SJ7.00 $45.00 $6600 51,000.00 $5.00 $7.00
BII.I09(S).lDdh1duI
(J)l1.YJ2b, SpeediDg 100 mpb or greaICf. $2.000 .~OOO $1,000 SJ7 '4S ... $2'" " $1 ... .. $2:IU,Ol snoo S4l00 $66.00 $1,000.00 SHIO $7.00
811.109(5).COf1MII'daa
UFUSE L"iTOXICANfS 1'EST . -
(oil 1111damRM. RefusaJ.lometesl: for $1,000 ,>00 "00 SJ7 .4S ... S64 " $1 ... II $648,lJII 537.00 $45.00 ....00 $500.00 $5.00 $1.00
intoxieu1ts. 81J.095, (ReOr [6ws2009, ordtadollS!sIaedoDoranerlll/lO.aUDzlelDOlley
ch 614), ID4IMduI tor tbb ofIellH goes to OSP. rrprdk-a of dtlDl aanacy
(5) IlnrbatnM. Rdusallo tUr Ic$t for U.OOO $1,000 $1,000 SJ7 .4S ... SI.l411 " $1 ... II SI,148.OC U7.001 $45.001 $66.001 51,000.001 $5.001 $7.00
intoxicantl.8IHW5.{seeOrI...lnn2009. .. ordtatloas a-d 011 or aller tltlto., aD ODe IDOIW)'
ch614),Corporadoa tor tbb one- con to osr, rqanUea.,dtbII acmq'
pARJQNG VIOLATIONS - I I I I
(6)A..ll!lI.. Uolawfulpcting indi:5abled S720 $190 $360 SO SO . "" SO SO . .' $l90~ SO 001 SO 001 SO 001 5190.001 SO.OOI 10.00
spKe.811.615. f!D!..!D"m!l out IlUJsaspnadapta$l40oatbulhla:ordnraacl
oa\'badlt: evIdaxe tllat compeIlbIg dn:UIStaDcft
. require nspeDSloa Ia Iaternb or Jaatke
(7) llI!!., Uulawful parting in disabled $720 "50 $360 SO SO ~ ", SO SO .~ . "50.~ SO.OO SO.OO $0.00 $4'0.00 $0_00 SO 00
SJIllCt, 811.615, I<<'OIIdor subwdaml
!.iJm,. ..
(8)AJ:1!(..UulawfuIuseofdisablcd '720 "50 $360 SO SO ~ " SO SO ~ - '.'!""~ SO.oo SO.oo SO.OO $450.00 SO.OO SO.OO
permitbyDlJDdisablcdpersou:811.6:B '.',0
(9)A.YI!I.,Useofiavaljddisablcdpenoo '720 '4S. $360 SO SO . ". SO SO ~ - ."50.~ SO.OO SO.oo SO.OO $450.00 SO.OO SO.OO
partUtgpEmlil.811_627 .. ,.
(IO)A..l::I2l_.Mislaeo(~pIacani. .720 $190 .... SO SO . $3" SO SO ~ - r:'SI~.~ SO.OO SO.OO SO.OO $190.00 SO.OO SO 00
811.630, .l!I::!1.2a!:B! :!'-._::-::- :r:::~,
(II) a\n!(.. Misuse of prognm pbcard. $120 "50 $360 SO SO . .,"" SO SO . - rt~0t SO.OO SO 00 SO 00 $4.so.00 SO.OO SO 00
811.630, lKOadOl'Ab...u_utoffeme
(12) 1Ul!!l.. Blocking a d:isabIed pMting '90 '50 '" SO SO . ... " SO SO . . $50..lIt SO.OO SO.OO $0.00 $'0.00 SO 00 SO 00
SJIllCt,811.617 owt may 1uspl'lld Olll DBdlq of 1Bd~IKY
(.) (b) (,) (d) (,) (n (.) (b) (i) (;) (1) -~)- .'(m) " (0) (0) ) ( (,) (.)
(I)MBFS-OlJ WORKllRF.rr 1. ..... - .- VA "" CA '009 LEMLA scnA CAr. I --.. VA "" CA "FIJw"S LEMLA scnA
STAnrI'ORY MINu.nJM FINES tbaf "- ......... - .... "- "(b) "(b) ..... ~ bl(m) "(Ill) lII(m} balm) "(P) "(P)
afJectt.se-fiIle~lj3_1~4) "- - "-(b)
Usoru (SO%ofb) (cm-.d buoI buoI (c+e+f+g) (m-o-o-p)
....... Useu +e+r:+v. 00 am 00 am
....(d) ID.... """"'" in (g) m(g)
Ihan(c)
~"""
DRVGS A.''D ALCOHOL - . . "
(13)IJDdastIIlrd..~orbsthao $1.000 '500 '''Xl S31 '" .... ... " S1 SO< . ....~ 537.00 5UOO ....00 $500.00 $5.00 $7.00
110 0UIIl:e ormarijwual, 475.864. (within
IOOOft.of5CbooIzoneisIClassC~)
(14)4.l1!!bOLCCfu:en5eefilmi5hiDl S120 "'" "60 S31 '" '" '" S2 16 SO< . . "'2.~ $37.00 $45.00 $30.00 $350.00 $2.00 16.00
akoboI. toa mioor. Or LaM 2009. ch S87.
t4(dfective 111110). ftntofl'ane .
(15) .&.n!b.OU:C Iicemee f'omidJiDg S120 '120 "60 S31 '" .... ..... " S1 SO< .' .....0< $37.00 $45.00 ....00 5720.00 SHIO $7.00
aJrohollol mioor, Or Laws 2009, cb 581.
!4(effective 11(110), -cloIf_
(lhintorSllbscqoea!tsIClassAmi5d.)
(I6)UDdasslnrd..AllowlJl:iJulo S120 "'" S360 S31 '" '" '" 12 16 SO< . S<62,O< 137.00 S4~UXI $30.00 $350.00 12.00 16.00
COIl5UIDeakobol OD~, 471.410,
(17) UDdaMfIIM. A1lowJlJinorIo $1.000 $1,000 '500 S31 '" 1 $1.141 " S1 SO< . !SI.I48.(l( $37.00 $45.00 ....00 $1,000.00 $5.00 $7.00
COIlSUJDe akobol on property. 47J.410.
..
(.) (h) (<) (d) (.) (Q ),i (h) (i) 0) _(kl_ .,'AL)>,;; (m) (n) (0) (0) (n' (,)
(l)M8FS-09 WORK.'im:rr 3. ........ ....... VA .,. CA ,... LEMLA SCFSA CAfor MU M1DI:iii"ul VA .,. CA "fIDe"S LEMLA SCFSA
SELECT UNCLASSlFlED, "SPECIflC - -.... loll) loll) .... ....... ;-~~ 1n(L) 1n(L) 1n(L) 1n(L) bI(o) bI(.)
FINF' OFFENSES AmmmI ....(b) -
subject to ORS m.OI5(2)md Amonnl 1000A.of (c+d+C:+O ""'" ""'" (lfr1I~), t',2O%;Ot: (20% of (L-m-~)
m.llS()) specified (b) 1"llllOlied: 00_ 00_ ... (8);'ClIIJIJJt <,wb=
.."" in (0 in (0 iot~ dem:. _I
""""" .- ......
"""" . .... m""" ~'~~'
SSo.PARK ., ... - .
(2) Unlawful pading in I wiDrcf .30 .30 SO SO S< $3 SO SO $( - ..$6,~ $6.00 SO.OO SO.oo so 00 $0.00 so 00
~tionpaOOng-.811.j9() , ..
UNCLASSIFIED HELMET VIOLATIONS j.'. - l ~
(3) B1cydr, 814.485 md 814.486 S2> '" $37 '4> $I " ::.'$1 $I $3 $I _$I ~'",:-:Ut: $24." SO.OO SO.oo so 00 $0.00 so 00
(4) Motor..asslWdKeOteroprntar, '" '" $37 ,4> $I " S12. $I $3 $I . ~}"'''~21~_. $24.40 SO.OO SO.oo so 00 $0_00 $0_00
81U34 JII Dnt coaYktlla, com1 may DOl ftqaln pll)'lllftlt at
., !Dr IfptnRI pnftlllM prnea bas appl'llftd ~
""'__--ud''''''''''')
(5) Eadaagerbta 1DOtar....mted wooter S2> S2> $37 .., $I "...,' '$I;r. $I $3 $I - ... i-~:~ $24.40 SO.OO SO.OO SO.OO SO 00 SO 00
operator, 814.536
(6)1II.~. , d.... KOOCer rIdlrr. bH!Dr S2> S2> $31 .., $I SlZ $I $3 $I - .:; :~'S24;4l $24.40 SO.OO SO.OO SO.OO SO.OO SO.OO
sIulter,BI4.600 ., ..
IlOGS ., - f:
(7)MlintainiDglpalilicllllisaDc:e, 0230 ""'I $311 "'I S3 :r.'-'''- $36 02 $6 .. - ;<--~ S!2.41 $37.00 $9.00 $15.00 $11.40 $1.00 $3.00
609.0951Dd 609.990(2) .. ;, :.~
OlllER ., - ,,c".
(8)1ahalaatoffenses.167.808(5).1h:!1. SJOO '300 $31 .., S> ........,1 02 $6 .. . ~' S82:~ $37.00 $9.00 $1:5.00 $21.40 $1.00 53.00
~ (5CeODd Of AJbscqoem ol'fmse is. .' , ,
~ '.'
a-B~) ,
(9) Fllilure to report.ggrawted llninlIll $1,000 $1,000 $37 .., .. " S7 .~ - ~f.,$P2~<!t $37.00 $9.00 $25.00 $158.60 $2.00 $5.00
lIhuse. 686.445,686.990(3), IDdhtdlad ~).~t:/iJ
(10) Faibetorqm~mi:nW $2.000 02,000 $37 .., .. ~. sz;Tii " S7 SO< .- "i]S42~:~_ $37.00 $9.00 $30.00 S3U60 0200 $600
lIba$e,686.445.686.99O(3),Corp. ",
1
(.) (b) (,) (d) (,) (Q <x) ,(hH~j (i) U) (t) -~)- ~(m)~~ (.) (.) (P) (q) (,) (.)
(I)MBf'S.49 WORK.'iRl'..JIT4, " .... ,_ VA OS CA ";;'ZOCr.1! LEMLA SC.... CAr... ~ ~..... .. VA OS CA "FIDe"S LEMLA SCf>A
......... ""~~
~5Dbjec1toJ')J28(2)aa:l.(J) I". ..... .... 10 (b) 10(10) .... :.:~~' bI(m) bl(m) ba(lIlI) IDem) 1o(P) 1o(P)
Offeme 1% 1IIIda" l~n.I2S(2). (.ij -<-, rIDe (e)
1beKarenofolherwisec:nbllllcedby (c;.b) (~ffil) ""'" ""'" 7S%ofBase (7S'Yeof (........)
153.123(1). butcootinuelobecuhm:ed """""". 00 ... 00 ... iii ~:J:f~; Q
asprovidedbylSJ.13l mW mW
resritutioa: (,':~ei~'
I ~':,'~,:-
~,~,
,."ie.xcept
..... ;~lner1ible
,"i.;iil~r~l,'"
CAJlELE&.'IJ DIUVlNG (ll1.13S) ,; . - ~. ,.''':;C
(2) A vtoI.1ud:Mdua1. camea driviD8. "'" .720 .360 S37 .4S .. ,,;e'.., "7 52 16 "" - U::):~S~_S4.~ $37.00 533.1' $30.00 $253.2' $2.00 16.00
CODlributingtoaollCcidcul:/5O% ... b;i:_:--;,:~~}l
(J)A.YI5!l.lDdividualc:cde5:sdriYiDg, ""' '720 $576 S37 '" ... 172 " 11 1. r'A,i:iJl:i1i(b _lbewaJnd. reduced. or IapnIded below ._..t
comributiDgtollll.Kcidetdlll1nfDt . ,. .;- """"""(10)
spedaI_/llO% "-.A,
(4)AJ::I!I.lodividual,a:rdc:ssdrivi08. "'" 112.500 16.250 S37 '" ... "$6.39 " 11 ""'. !"",""'-'< $37.00 $33.15 16600 $4.661.13 $.5.00 $1.00
tcIl1tlibutiu8tollllKcidml:mdlbescrioas .
injury Of death of ndIwrabIt ...... I SO% , "
(S)A.YI!!I.Iodividual.cardessdriviDg, ""' $12.soo $10,000 S37 '" ... :SIOJoCll " 11 "".r<;S?-'",1X $37.00 $33.7' 166.00 $1,474.2' $'.00 $1.00
eontributingtoaD8CCidmlaudlbesaiaus ... ....
injury Of dealh of. vgtDenlble aer* Ia I.
IraDktp<<lal zo. 1110% .,. "'.'
(6)AVIoI,COfp.,carele$$driving. "'" $1,440 $720 Il7 '" " 57 '1ilIi if $37.00 $JJ.7~ 566.00 5~14.2~ 5~.00 $7.00
oontributinB to lIII.xideut 150% I'?!; I
(7) A VIol, Corp, arelesi driviq;, ""' $1,440 $I.I~2 Il7 '" ""':"', " 57 1. _I be waived, rrdlKtd, or nlSptZldrd below lmollld
oontributiDglolllllt:ridem bllnIIk oohzam{ll)
spedalzmae/8O%
(S)A..Yl!l.COIp.,atIl'lc5sdriving, "'" $2:5,000 $12.soo Il7 '" ... ~'$12;648I " 11 $37.00 $JJ.7~ 16600 S9,J49.2~ $5.00 $7.00
c:mtributinglollttlllXideul:andlhe5l:l'iou5
injaryordeatbofftlJDn'ablt__/5O% ., (~d~i,:;i
(9)Al:J2l,COIp_.caJde5:t;drivillg, ""' S2~.000 120,000 Il7 '" ... rS20;I4l " 11 ~II. $37.00 $JJ.7~ 166.00 $14,974.25 $HlO $7.00
c:cntributiDatollttKridmlmdlheRriam
injufyordeatbofa~__bI J/
b'aDk qICdaI_/Sl)%
(IO).l!..Yl2Lbx!ividual.cardes:sdriviDg. "'" "60 1180 Il7 '" 12 J~Yf!~~, 12 " $~ _11&1 $37.00 $3J.7~ 52'.00 $1I9.j() 1200 $'-CIO
NOT CU1lributinB to lIIl KridmI 1:50% ~',"".r_...;"
(II) .l!..Yl!L.lDdMdual eudcss driving. ""' "60 1288 Il7 '" .~ ~'~ 12 .. S> . ~Amom(lo _tbewafved,red~or'lISpettdeclbelowalDOalllt
."F:~~~'"
inalnflkllptdal_NOT "..."".,.'. """"""(10)
contributins to 1Q.xiden! 1 goo" ~,\,",.-.....r
.
(.)
(I)MBfS.09 WOIlKSHEET4.
OlTeasesAlbjectIo153.128(2)md(J)
Otrc:ase/%UDdc:rm.I25(2).
These art DOC odxfwise CDbmced by
1B.l28(I).baIcoutiouetobec:ahmced
apnMdcdbylSJ.UI
(e) <0 {JU
VA OS CA
(b)
"
,....
(a)1
(0)
...,
....
(d)
F.......
-
""""'"
fe-b)
(12).B....nzL.Corp..carelessdriving.NOT SO% sno 1360 $37 54' $3C
coorriburing10 m-=cidad/5O%
(IJ)B...YI!I.Corp.,cardt$sdriving.ina 80'... $720 $576 $37 54' $6(
trafDclplldal_NOTCODtribatingto
aneccidcnt/llO"4
nLEGAL IJ..TURN' (111.365)
(14)Il.l]d..lDdMduaLillegalU-Tum, SO% S360 $180 531 54' 52
eoatributingtoaoKcideol:/5O%
(I$)Jl.l:Id.,l:ndividolIl,ilkpIU-Tum, 80% S360 5288 $37 $4' $3(
~lomllCcidmliDtramr
1pKb1_/80-.4
(16)D..l:I2l.,Corp.,ilkplU-Tmn,. SO% sno $360 $37 54' $3(
contriburingtoaullCcideut/-W.4
(I7).D..l]d.,Corp.,illegalU-Tmn, llO% $720 $576 $37 $45 S6(
contriburinglollll.lICcideot iD tndIk
1pKIaI_/8O%
(18)~lDdividual,illegalU-Tam, SO% $180 590 $37 $45 $1
NOTcoorribotiDgtoIlDIICridcmJSQ%
(I9)~lDdividoaJ.illegalU-TIIIll, 80% $180 $144 $31 $.IS S~
NOTCOldrihuliD&loan.xidcDfiD tnfIk
wpedaI_/8O%
(20)~COJp..iJkpIU-Tum.NOT SO% 5360 51SO $37 $45 $2
OOIItributiDltoan.:cideot/SO%
(21)~Corp..illega!U-Tum.NOT 80% $360 $288 $37 $45 S3
oontJibuliDg to an llOCitkuI in tnfIk
1pKIaI_/8O%
"".
.. . . 'AmliD(h CaImol bewalYed, Maml.0I' ~ beIow.mollDt
ill celallllll (11.)
-
~. 'S~15.2j S37.00 $33.75 $25.00 $119.50 52.00 $5.00
.. . ~ ,AmI in (h --' be waived, ftd1Ked, IN' aapmdrd below a_lIl1t
Ia calImm (11.)
...
...'
S~ III i'__?S_'4:~ $37.00 $33.75 518.00
$~. ;":~"~~ =:~Rftced..naspndedb$w._aal
...
$3 . ~~r'~~~
(h) (i) (i) (t) _(ll).
1~ LEMLA SCFSA CA Cor II
Bale....... ta(b) ba(la) Mu POiiibIi
F1ae(c)~
(_r'!l ""'" ""'" II""'"''''
ruuoded ooaml: onaml: DOl FiDe(h);
iDOO iDOO iDc~ caimol
, I~
" vulnerable
, user-]
(m)"
'MlDbaIliJa
.'~
547
"
$6
(.)
UA
Ia(m)
(p)
CA
ta(m)
(,)
LEMLA
ID(p)
(.)
SCFllA
ID(p)
$7>
"
S7
(q)
"FIl:te"$
Ia(m)
(.)
OS
hro(m)
(15%oC
Q
(........)
".
"
"
$lS4.OC
$37.00 $33.7.5 $30.00
$253.25
$2.00
$6.00
....
"
$6
SJ7.00 UJ.75 $30.00 $253.25 $2.001 $6.00
c-t M wUftd, rcdacN., or lapnaded ~ __al
""",,,,(b)
$53.75
$1.001 $4.00
547
"
$6
;'$354.00
(C.
AmtiD(h
"
U7.001 Ul.75 $25.00 $119.50 12.001 $5.00
_tbe~ed, redaced.or.-.npeDdtd below alDllaal
calallDll(ll)
.VulnCJable User - ORS 811.135(3) requires court to impose but suspend fme on condition that person completes specified requirements; also requires person to appear
on
"
'7
$I~
$I
54
"'I
"
"
S28
"
"
1
"
$6
(n) (b) (,) (d) (,) (0 (n' (b) (0) (i) (t) (L) (m) (n) (n) ) (
(I)MBFS-09 WORKSHEH5.. ........ C_.... -- VA OS CA 2009 LEo"'-A SCFSA MInbnmn VA OS CA "FIDe"S UMLA SCFSA
OVERWEIGfIT SCHEDUl.E I, .... ..... ...-. -- m(b) m(b) - m(t) m(t) m(t) m(b) bI(a) III (a)
118.430(1) Eunn Mu_
Exceu ~ in b. -... (~(+g) ""'" ""'" 2O%of(h); _nf (t-L-m-o)
<< 00_ 00_ <anant (""'"
Ibs(a)'me(c) or base JIBe, in(g) in(g) -, .......)
rouad -
to Dearest -
wboleS .......
SCHEDULE I .
(2) 1,000 or Jew $5.00 NI SHlO S37 '" , :$92.(1( 10 " '18.4( $18.40 1000 10.00 1000 1000 1000
(3) 1,001-2,IlOO $30.00 NI $30.00 S37 '" $I $127,()( $I , S2:l..u $25.40 1000 10.00 1000 10.00 1000
(') 2.00I-l,IJ4 N/A SO.03 (I) '(c) S37 '" $I (d<<+f+g $I ~ (b)'O. amtm(t) 1000 10.00 1000 $0.00 10.00
(5) 1.135-3,000 NI SO.03 (a) '(c) S37 '" $I (d+e+f+g $I ~ (b)'O. $37.00 H 1000 1000 10.00 1000
(6)3.001-4,460 NJA SO.OS (a) '(c) S37 '" $2 (d+e+f+g $2 , (h) '0. $37.00 $9.00 $5.00 (k-L-m-u 10.00 10.00
(7) 4,461-4.9" NJ SO.05 (.)'{e) S37 '" $2. (d+e+f+g: $2 , (h) '0. $37.00 $9.00 $15.00 (t-L-m-n $1,00 53.00
(8) s.ooo N/A SO.05 $250.00 S37 '" $3 5362.00 $2 " $72.40 07.00 $9.00 $15.00 $11.40 $1.00 SlOO
(9) 5,001.5,." NI SO.IJ (a) '(c) $37 "5 S6< (d><<f+g " , (b) '0. $37.00 $9.00 $18.00 (t-L-m-n $1.00 ".00
(10) 5.17D-7,500 N/A SO.IJ (a) '(c) $37 "5 S6< (d+e+f+g; " , (b)'O. $37.00 $9.00 $25.00 (t-L-m-u $2.00 SHlO
(II) 7.so1-9.713 NI SO.l5 (a) '(c) S37 "5 S6< (d+c+f+g: " , (b)'O. $31.00 $900 $25.00 (t-t-m-D $2.00 $5.00
(I2)',nf-lOJ)OO N/A SO.l5 (8)-(C) S37 .., S6< (d+e+f+g: " , (b)-O. $37.00 $9.00 $30.00 (t-L-m-o $2.00 $6.00
(13) 10.001-11.SOO NJ $0.19 (8)-(C) S37 .., S6< "(d+e+f+tl " , (b)-O. $37.00 $900 $30.00 (t-L-m-o $2.00 $6.00
(14) 12,50laadovn NJA 10" (8)-(C) S37 .., S6< (d+e+f+g; " , (b)-O. $37.00 $900 ....00 (t-L-m-o $5.00 $7.00
FARMVDDCLEREDUcnoNTOSCIlEDULEI (lIUJO(l))
(15) 1,000 ar Ins $5.00 NJ $HlO S37 .., , $92." 10 " $IUO $18.40 1000 1000 10.00 10.00 1000
(16) I,oaI-1,oGO $15.00 NJ $15.00 S37 .., $I $112,00 $I $3 $22.40 $22.40 1000 10.00 1000 10.00 1000
(17) 1,oGI-J,oaO NJA $0.015 (8)-(t) S37 .., $I (_f+g 'I $3 (b)-O. mdiD(t) 10.00 1000 so 00 1000 1000
(18) 3001 ad___ Noreduc:tioo.. RdcJto61hrough1411bove.
This wod:sbeet lIpp!i:es to viohtiMs ofmuimmn wagbt limits (ORS 818.020). riolItion oflldministmively imposed weigbl: limits (ORS 818.060(4)(b)), md violatioo. oflbe weigh! provision
of. VIriInce permit by
c:erWovdJicle$(818.:wo(6Xc)).
~
(.) (b) (0) (d) (0) (Q 00 (bL (0) " (1<) (L) (m) (.) (0) ) (
(i)MBJ'S-09 WORKSRF.ET6, - Coabpor .......... VA OS CA ZOO!H'_, LEMLA SCYllA - VA OS CA "FlDe"S LEMLA SCFSA
OVERWEIGlff SCHEDULE D. .... ..... ......... aae--~ "(b) "(b) SUetlOa "(1<) "(1<) "00 "(1<) Ia(.) 18(11)
Bl8.430(3} ...... M.U PUaIty
&eeA. weight in n.. bt{..,,} j,' ""'" 2O%of(h); (20%0( (l:-L-m-o)
(d+c+r~ ""'"
...... ...... """" r.wb=
or base nne, mOO mOO _defer, -")
round" .......
10 Dearest -'"
wboleS """"
..
SCHEDULE U '.
(2) tOO~ZlO $100.00 $0.10 b+(..c) $37 '4l " .(d~rfg " ,. {h}.O. 537.00 (f).0.2 SO 00 (I<.L-m-o) SO.OO SO.OO
. up 10 $9
(3) lJl.479 5100.00 $0.10 b+(a.c) $37 '4l " ("",r.. " , (h).O. SJ7.00 $9.00 SO 00 (I<.L-m-o SO.OO SO.OO
(') 410 .1.12' $10000 $0.10 b+(a.c) $37 '" " (_r... " . (h).O. $37.00 $9.00 $5.00 (t.L-aH1) SO.OO SO.OO
-
(S) 1.130-1,499 $10000 SUO b+(..c) $37 '" " (!"<':f.. " , _ _ (h).O. $37.00 $9.00 SI~J)O (t.L-m-a) $1.00 $3.00
(') 1,soo-3.42' $100.00 $0.10 b+(a.c) $37 '" .. . (_f.. " -. . (h)*O. $37.00 $9.00 $15.00 (l:-L-m-n) $1.00 $3.00
(7) ......"", $100.00 $0.10 b+(..c) S37 '" .. :...(~'" " . '- (b)_."O. $37.00 $9.00 $18.00 (I<.L-m-o $1.00 54.00
(S) 4.000-5,000 5100.00 SO.IO b+(.*c) $37 54' -.. ,}<\'t'1'i! " , (br.O. $37.00 "00 $18.00 (l:-L-m-n) $1.00 54.00
(') 5.OO1-a.04fi $150.00 SO.U b+(..c) '31 54' .. >>A~.r~ " , . (hPD. $37.00 "00 $25.00 (l:-L-m-n) $2.00 $5.00
(10)'ll,047-lo.OOO S25000 SO.15 b+(..c) S37 54' .. :",;(~rtfl " , (h).O. $37.00 ".00 $lO.oo (t-L-m-n) ".00 ".00
(II) tQ.OOt or more $soooo SO... b+(..c) S37 54' .. .(cf+e+f+tl " , (h).O. $37.00 ".00 $6600 (t-L-m-n) $5.00 $7.00
This wortsheet applies to wrimce permit violatiaQs mated to wagtd 011. axle aDd tmdcm.axlc UDder ORS 818.34O(6)(b). Note. boweva-, that ORS 818.430(4) provides IIIl ~ 10 lbe penalties
5bowu
IboYe, rapiring the court to waive lbe per-pound pcmIty if the pcnOD prodoc:es I seaoi vWd vuiaDce pennit; in this CllIC, the maxiwunl line (not incbtiog I5SC55ZDCntsmcl AmCbargc) is
$100.
(.) (b) (,) (d) (.) (0 (.) (b) (i) (;) (1) (L) (m) (.) (0) (0) (0)
(I)MBfS-09 WORK.'iHl'.lIT7, ,- <:om.... -- VA OS CA ,... LEMLA SCFSA .......m VA OS CA """$ LEMLA SCFSA
OVERWEIGlIT SCHEDULE m . "'" ..... """"'" -- "(b) "(b) ........ "(1) "00 "00 10(1) 111(11) "(II)
818.430(5) "'- ~-
ExcessweigbtiDlbs. b+{a.c) (d+e+f+g) ""'" ""'" 2O%of{h); (20% of (k-L-m-n)
=- =- ....... '."'"
or base Oni, mW mW -. .......)
rollDd -
toaeares1 _.d,
who~S ......
.
SCHEDULE m .
(') 100.153 $100.00 $0.15 b+(a.c) $3' '" '2l (d+e+ftg S2 , (h).O. $37.00 (f) * 0.2 SO.OO (1-1Ao-n SO.OO $0.00
uptoS9
(3) ISf_ll' $100.00 $0.15 b+(..c) $J7 '" '2l ..(-'" S2 , (h).O. $37.00 $9.00 SO.OO (1........ SO.OO SO.OO
(4)31O-'1' $100.00 $0.15 b+(a*c) Sl7 '" '2l (-'" S2 , ~. , (h).O. U7.00 $9.00 $5.00 (1........ SO.OO SO 00
(5)110-'" $100.00 SO.IS b+(a.c) Sl7 '" '2l (-'" S2 ~ (h).O. $37.00 $9.00 $15.00 (1~""'" $1.00 53.011
(6) l,ooo.USIi $100.00 $0.15 b+(..c) Sl7 '" $3" (_r.. S2 ~ (b).O. U7.00 $9.00 $15.00 (1........ $1.00 $3.00
(7) z.m-1,6M $100.00 SO.IS b+(a.c) Sl7 '" '30 ' (d;<"" S2 ~ (b).O. $37.00 $9.00 $18.00 (1........ $1.00 "00
(8) 1JiIi7-J.,113 5100.00 SillS b+(a.c) $J7 '" ... '(-'" $5 , - (b) ~ O. $37.00 $9.00 518.00 (1-1Ao-n $1.00 ".00
(9) 3.l14-5POO $100.00 $0.15 b+(..c) $J7 '" ... ("":'~ $5 , {b).O. $37.00 $9.00 S2tOO (k-L-m-n $2.00 15.00
(10) 5.OOt-6,0J4 $250.00 SO.20 b+(..c) $J7 '" ... ,. (d+e+ftg $5 >, ,\ "(Il) ~-O. $37.00 $9.00 $25.00 (1........ $2.00 55.00
....
(II) 6,IllS.IO,ooo 5250.00 SO.20 b+(..c) $3' '" ... ~(~~ $5 , y(b).O. $37.00 $9.00 $30.00 (1........ $2_00 $600
(12) IO,oolorDKlft $500.00 $0.30 b+(..c) S37 '" ... (d-te+f Uthisweight,lheo ensebecomesam;~n""'andisnotsubjecttoba5efioeOfreductiom.
[he pmaIty DIllY be IDOIIdII)' (CII~ed IS dxJwu beRo), 3O--<<l da~ m county Of municipaljaiJ.
both- (Note: otrmse sun:barge OU m;~nnrs is $)j.)
Tbi5 worbbm app1ies 10 violation oCposted weight limib (ORS 818.0'W).
(0) (b) (0) (d) (0) (Q (b) (0 'I"' (m) (.) (.) ) ( (,)
(I)MBfS.(19 WORKSHEUS ,... VA OS CA "FIae" S LEMLA SCFSA Mn CA for MU M1DImlllm VA OS CA "Fbi'" S UMLA SCFSA
FISH AND WILDLIFE VIOLATIONS: BaseFlDebl(ll)b1(b)ta(b) "(b) lD(e) Ia(,) .... Mu POiiIbIi -!JaJtrikni "(L) "(L) "(L) "(L) iDeo) iDeo)
496.951,496.992(2) ....(1)-
Sd (b<-<k) (i!1 7S%of (7S%of (L-m-D-o)
"""""" H7UA: Base $4505,
496.951 ;f4SOS), Fiot(b); ""'"
"'" """'" ......k)
iDt~ dotw,
.-
oc'"'" _
(2) A.nzl-. fDdividua1. 496.9:'11(1)(.) ", '" '" .. .. .. .. S120 ~~2 $37.00 $19.25 ".00 ".00 "00 "00
(3) A.nzl-. Individual. 496_9:'i1(I)(b) $I" '" ..., S)8 ,>0 .) ... S120 ....~ -$112.5 537.00 $33.75 $15.00 $26.75 $Ull} 53.00
(4,.A.YI!!l.. IDdividuaJ. 496.9SI(I)(c) 52" S37 ..., S2> $I9l 52 " $nO ....~ $224;2 537.00 SB.7S $25.00 $128.50 $2.00 $5.00
(S)A..YI2l.,Corp.,496.951(IXa) " S37 '38 .. .. .. .. $1.440 S66J~ $56.2 537.00 $19.25 ".00 ".00 ".00 ".00
(6)A.XI!!l.,Corp..496.9SI(I)(b) $I" S37 ..., S)8 ,>0 $I ... $1.440 "'I~ $1,12;~ $37.00 $33." $15.00 $26.75 $1.00 5300
(7)AnlI.. Corp.. 496.951(1)(1:) 5299 S37 ..., S2> ,)9l 52 " $1,440 S66J~ $224.25 $37.00 $33.15 $25.00 SI28.50 5200 SHlO
Note: ORS 496.9SI5cts speci1icbese-fioelUDOUl1b roraau A violatioosrdatedt.owildlife~. Or I.Jnn 2009. cb 659. 12, which added I $45 offemesurehargc forccavictiomOll.aU vio!atiom(exccptpctiog).
didoocmodifyORS496.95I. As a remit, !be base fmemdmiDimumsmctiooamllUllb may DOC bchighmougblo8CCOUDt fortbefuUoffi:me $UJdJarge.