ALBANY CITY COUNCIL

AGENDA

cityofalbany.net

Monday, May 7, 2018 4:00 p.m. Work Session

Municipal Court Room, City Hall 333 Broadalbin Street SW

4:00 p.m. CALL TO ORDER

4:00 p.m. ROLL CALL

4:05 p.m. BUSINESS FROM THE PUBLIC

4:15 p.m. REQUEST FOR WATER SERVICE OUTSIDE CITY LIMITS, 3709 SPICER DRIVE SE – Gordon Steffensmeier. [Pages 2-4] Action Requested: Information, discussion, and direction.

4:20 p.m. PEPSI SETTLEMENT FUNDS UPDATE – Jeanna Yeager. [Pages 5-6] Action Requested: Information.

4:25 p.m. TRANSIT FARES – Chris Bailey. [Pages 7-9] Action Requested: Information.

4:40 p.m. PETITION AND WAIVER EVALUATION – Jeff Blaine. [Pages 10-14] Action Requested: Information, discussion, and direction.

4:55 p.m. PUBLIC WORKS FEE ADJUSTMENTS – Rob Emmons. [Verbal] Action Requested: Information, discussion, and direction.

5:05 p.m. BUSINESS FROM THE COUNCIL

5:10 p.m. CITY MANAGER REPORT

5:15 p.m. ADJOURNMENT

The location of this meeting is accessible to the disabled. If you have a disability that requires accommodation, please notify the City Manager’s Office in advance of the meeting: CMadmin@cityofalbany.net | 541-791-0206 or 541-917-7519.

1

MEMO

TO: Albany City Council

VIA: Peter Troedsson, City Manager

Jeff Blaine, P.E., Public Works Engineering and Community Development Director 913 FROM: Matthew Ruettgers, Development Services Manager ,..;:-

Gordon Steffensmeier, P.E., P.L.S., Civil Engineer III G ~

DATE: April 23, 2018, for the May 7, 2018, City Council Work Session

SUBJECT: Request for City Water Service for Property Outside City Limits - 3709 Spicer Drive SE

Relates to Strategic Plan theme: An Effective Government

Action Requested: Council direction.

Discussion: On April 12, 2018, staff received the attached email (Attachment A) from Justin Bottcher. In the email he

requests permission to obtain City water service. His property at 3709 Spicer Drive SE is outside of City limits

but within the Albany Urban Growth Boundary.

Albany Municipal Code, section 11.01.140 (1,b) states that ''No use or benefits of the City water system shall

be extended to or made available to any property outside the City limits, except under a contractual agreement

with the owners of said property, and only then when the property is not contiguous to the City of Albany at

the time the water service is requested unless Council finds that it is in the public interest to do so."

The map provided as Attachment B shows that 3709 Spicer Drive SE is outside of City Limits and is not

adjacent to City Limits. The map also shows that many properties in the neighborhood lie outside of City limits

yet receive City water service. Those properties were connected to the water system when the City purchased

the system from Pacific Power & Light in 1984.

If Council approves this request for City water service, Mr. Bottcher will be required to submit an irrevocable

request to annex and pay $2,508 in System Development Charges and $2,112 in Water Connection Fees before

he could receive City water service.

Budget Impact: A small increase in revenues will be realized through collection of System Development Charges, Connection

Fees, and monthly service charges.

GPS:kc

Attachments 2

cityofalbany.net -:;-- ,_:;-. 1~:1

~ .. ./~

2

Steffensmeier, Gordon

Subject: FW: request for city water

From: Justin Bottcher < jbottcher12988@gmail.com> Sent: Thursday, April 12, 2018 2:20 PM To: Goings, Rob <rob.goings@cityofalbany.net> Subject: request for city water

ATTACHMENT A

I need city water to my residence (3709 Spicer dr SE) which is currently on a well. We do not feel safe drinking the well water as it is very hard and has a foul smell. It is also ruining pipes and appliances due to its high mineral content. However the street I live on is outside the city limits in Linn County but my neighbors are all connected to city water.

DISCLAIMER: This email may be considered a public record of the City of Albany and subject to the State of Oregon Retention Schedule. This email also may be subject to public disclosure under the Oregon Public Records Law. This email, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you have received this communication in error, please notify the sender immediately and destroy all copies of the original message.

1

3

Attachment B - Water Service to properties on Spicer Drive

Home Depot

Hashed = In City Limits

3709 Spicer Drive I I

r-----.1 / .... , P.1 (I)'

'..O'

E: p

I

White = Outside City Limits 4

Litigation Settlement Proceeds

City Council Actions

Mar 10, 2010 - Motion Settlement Documents

Aug 11, 2010 - Motion East Thornton Lake Natural Area (ETLNA)

{ETlNA contingency - $650K Cap Replace Fund) Sep 22, 2010 - Resolution No. 5945 - {Supp Budgetl

Water capital project reimbursement

Sewer capital project re imbursement Risk Manacement Fund reimbursement

limited Tax Pension prepayment of callable bonds Sewer rate offset

Sep 22, 2010 - Motion Oregon Wetlands LLC

Nov 10, 2010 - Motion LID financing Economic Development

less: Wet LLC, Wet Del, HARP, lBCC Micro, Dist Center Study, Albany Steamworks

PS Facilities less: LIDs, Facility Studies, E~Plans loan

Dec 8, 2010 Resolution No. 5961- (Supp Budget) Timber Ridge LID financing ETLNA

Feb 23, 2011- Motion Phase lA of Police and Fire Facility Studies

May 22, 2011- Resolution No. 6000 Wetland Delineation

Jun 8, 2011- Resolution No. 600T {Adopted Budgetl Sewer rate offset

Jun 22, 2011- Resolution No. 6016 • {Supp Budgetl Historic Albany Recovery Program (HARP)

Sep 28, 2011 • Resolution No. 6042 LBCC Mlcroenterprise

Apr 25, 2012 ·Resolution No. 6117 Oak Street LID interim financing

May 16, 2012 ·Motion Distribution Center Study

Jul 25, 2012 - Resolution No. 6147 Albany Steamworks Loan

Feb 13, 2013 ·Resolution No. 6193 E-clans loan

Jul 2013 ·Purchase and Sale Agreement

18,500,000

Approved Uses

1,000,000

645,000 515,000

1,000,000 790,000 840,000

3,469,195 5,000,000

5,240,805

Transfer of pro rt north of Knox Butte to City in lieu of foreclosure

Aug 14, 2013 ·Resolution No. 6260 Publlc Safety Facilities (final GO bond pmt)

Public Safety Facilities (reserve) Economic Development

Sep 11, 2013 - Resolution No. 6264 Up to $625K to purch 519 & 531 lyon St

Nov 6, 2013 ·Resolution No. 6274 Up to $545K to purch 177 7th Ave and 623 lyon St

Nov 6, 2013 ·Resolution No. 6275 Property Ta111 on Timber Ridger Property

May 14, 2014 Resolution No. 6320 RFP for fire station conceptual design

May 28, 2014 Resolution No. 6326 RFP for police station conceptual design

June 11, 2014 Resolution No. 6330 {Adopted Budgetl Ambulance Replacement Capital Replacement

Dec 10, 2014 - Motion to accept PS Facilities Comm Rpt PS Facilities

Economic Development Apr 8, 2015 Resolution No. 6403

Workforce Development Partnership Jan 111 2017 - Motion to enter Into Dev Agr

Amerltool (Pillerl Aue 9, 2017 • Land s;ale IGA with GAPS: near Timber and Somerset Dr Dec 6, 2017 ·Timber Ridge lot 100 land s;ale Jan 10, 2018 ·Timber Ridge lot 200 land sale Feb 14, 2018 Resolution No. 6663

Buxton Analytics

18,500,000

Revised: May 1, 2018

Authorized Remaining E•f!enditures Balance

645,000 515,000

1,000,000 790,000

75,000

4,756,400

3,749,419

3,458,9n 1,000,000

46,516

30,000

840,000

68,600

20,000

1,280,988

5,000

45,000

174,100

(200,000)

(300,0001

9,994,181 8,005,819

Restated Purposes Eco Devo PS Facll

1,500,000 2,600,000

3,905,819

{625,000)

(545,000)

(31,650)

(132,700)

{132,700)

5,000,000 3,005,819

(2,901,300)

(50,000) 255,000 615,000 820,000

1155,000)

1,589,519 5,000,000

Tobe Recetved

3,458,977

1,082,219

45,000

174100

300 000

5,060,296

5

Projected Resources and Uses of Settlement Proceeds

Receivables•

When prop Fiscal Year End 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 TBD is sold** Total Resources

Beginning Balance 8,905,983 7,786,914 3,010,429 1,922,171 937,712 1,843,612 1,836,912 1,870,712 1,904,512 1,938,312 1,972,112 Interest Earnings 42,206 40,286 22,430 8,000 500 500 500 500 500 500 500 Capital Replacement 300,743 300,743 Timber Ridge LID 804,387 912,600 1,410,065 3,127,052 Ameri-tool 50,000 Oak Street LID

Lowes 632,000 106,667 Parks & Recreation 33,290 33,290 33,290 33,300 33,300 33,300 33,300 33,300 33,300 33,300

Albany Steamworks 9,551 9,551 9,500 9,500 9,500 E-plans 68,327 33,976 3,500 21,600 Total Resources 9,681,806 8,010,684 3,079,200 2,798,958 1,893,612 1,886,912 1,870,712 1,904,512 1,938,312 1,972,112 1,972,612 3,477,795

Uses PS Facilities 1,394,892 5,000,000 12,076

Workforce Development - - 1,095,054 1,806,246 Economic Development - - -Ameri-tool 50,000

Timber Ridge Lot Line Adj

Buxton Analytics 55,000 50,000 50,000 Capital Replacement 500,000 Total Expenditures 1,894,892 5,000,000 1,157,130 1,861,246 50,000 50,000 - - - .

Ending Balance 7,786,914 3,010,684 1,922,070 937,712 1,843,612 1,836,912 1,870,712 1,904,512 1,938,312 1,972,112 1,972,612

*Committed to future Economic Development

**Original assessment on properties conveyed to City in lieu of foreclosure

6

MEMO

TO: Albany City Council

VIA: Peter Troedsson, City Manager

Chris Bailey, Public Works Operations Director C/:>

FROM: ~ Jon Goldman, Transportation Superintendent \.. U DATE: May 1, 2018, for the May 7, 2018, City Council Work Session

SUBJECT: Transit Fares

Relates to Strategic Plan theme: An Effective Government

Action Requested: No action requested; informational only.

Discussion: On October 30, 2017, the Transit staff did a presentation to Council regarding current and future service. At that time, Council directed staff to return with follow-up information.

Fares

The last time Albany Transit System (ATS) fares were increased was in July 2012. At that time, fares increased from $.75 per one-way trip to $1.00 per one-way trip. The Transit Development Plan that was recently completed does not specifically call for a fare increase. However, if Council decides that a fare increase is warranted, then staff will return to Council with a resolution for a fare increase. At that time a public hearing would need to be held for the fare increase to take effect. If Council chooses to raise transit fares, staff recommends a modest increase of $.50 per one-way trip. This would create equity between the ATS fare and the Linn-Benton Loop fare.

Staff recommends that the Paratransit (Call-A-Ride) fare should remain at $2.00 per one-way trip, even if the ATS fares are increased. Many public service organizations, such as the Department of Human Services (DHS) and Senior and Disability Services, provide Call-A-Ride tickets for persons in need who qualify for the service. Based on information from these organizations, their clients do not regularly use the service, except when they are issued tickets, because they cannot afford the fare. Raising the Call-A-Ride fare would hinder the ability of those individuals to move about the community and would reduce the impact of the limited dollars those organizations have for transportation.

Past experience, and the standard used by the transit industry, indicates that for each one percent (1 % ) increase in fares there is a corresponding .5 percent (.5%) reduction in ridership for the first year. After the first year, ridership tends to rebound to similar levels as before the fare increase took effect. The table below shows current and recommended fares. The Federal Transit Authority (PTA) requires that the Call-A-Ride Paratransit fare can be no more than double the ATS regular adult fare.

cityofalbany.net

7

ALBANY CITY COUNCIL May 1, 2018

ATS

Cash Fare Regular Adult Cash Senior/Disabled/Youth 20-Ride Coupon Books Adult 20-Ride Coupon Books S/D/Y Monthly Pass Adult Monthly Pass S/D/Y

Paratransit (Call-A-Ride)

Seniors Persons with Disabilities

Ridership

Curr~nt

$ 1.00 $ .50 $ 17.00 $ 8.50 $ 30.00 $ 15.00

Current

$ 2.00 $ 2.00

Modest increase proposal

$ 1.50 $ .75 $ 25.50 $ 12.75 $ 45.00 $ 22.50

Proposed

$ $

2.00 2.00

Page 2 of 3

Ridership impacts the amount of fares collected. However, many riders do not pay a fare but ride using passes paid for through partnerships. The revenue frorri these partnerships is shown separately from fare revenue in the program budgets. All Linn-Benton Community College (LBCC) and Oregon State University (OSU) students, staff, and faculty may ride without paying a fare upon showing a valid LBCC or OSU identification card. Additionally, many more riders receive free or discounted ride passes through public service organizations such as DHS and Senior and Disability services.

Current ridership of the Paratransit/Call-A-Ride system is 83 percent disabled and 17 percent senior.

ATS Ridership Fares collected

2015 86,149 $30,696 2016 79,369 $29,334 2017 76,966 $30,447 2018 75,000 (projected) $30,000 (projected)

It should be noted that fare revenue is strictly prohibited from being used as match for Federal grants.

Corvallis' Fare-less System

Council requested details regarding the Transit Operations Fee (TOF) at the City of Corvallis. The TOF is a monthly charge on utility customers in the city of Corvallis. The revenue raised from the fee is dedicated to the Corvallis Transit System (CTS) and cannot be used for any other purpose. The revenue replaces Corvallis' general fund support of CTS, making those funds available for other uses such as Library, Parks, Police, and Fire. The TOP provides a stable source of local match for State and Federal Grants. A portion of the fee also replaces transit fares, allowing riders to get on any CTS bus without paying a fare.

Corvallis Utility customers pay the TOF on their city services bill. In 2017, single-family residential customers paid $2.75 per month, while multi-family residential customers paid $1.90 per month. Commercial and Industrial customer rates are based on the type of business and a standard trip generation factor for the customer type. The minimum TOF is set at $2.75 per month for single-family residential customers with increases indexed to the state of Oregon's average yearly price of diesel; as diesel prices go up, so does the TOF.

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ALBANY CITY COUNCIL May 1, 2018

Page 3 of 3

In discussing the TOP with Corvallis staff, they felt that the maintenance of the fee, including updates annually based on the price of diesel, was not very burdensome. The lack of fare revenue also makes the mandatory reporting to the PTA more simple and straightforward. However, developing the methodology for the fee and conducting outreach ahead of the implementation of the fee was a significant work effort for their engineering and transportation staff. CTS ridership increased 37.9 percent in the first year of operation with the TOP in place. This increased ridership created a need for CTS staff to review and update their rules regarding rider behavior.

If the City of Albany were to consider a similar fee, a consultant would likely need to be hired to define the level of service desired and develop the rate in a process very similar to establishing a rate for other city services.

Alternative Fuel Buses

Council requested information on using alternative fuel buses in the ATS fleet. Conversion of existing diesel buses to an alternative fuel engine, such as compressed natural gas (CNG) or propane, is problematic for ATS. To use propane as a fuel, a completely new engine would have to be installed, and there are no companies doing that type of work in Oregon. Transit buses with CNG engines are not uncommon; however, staff has learned the closest CNG facility is in Hillsboro, meaning CNG is not a viable option at this time.

ATS is not planning to purchase new buses in the next two fiscal years as our current fleet is within the useful life standards set by the FT A for replacement purposes. However, if we are to move forward with the proposed expansion of the system, as outlined in the TDP, then we will likely need to purchase one or possibly two additional buses. At that time, we will fully investigate the options for alternative fuel vehicles and their associated costs. Current capital costs for buses are as follows (note that there are not any propane powered transit buses on the state procurement list):

Diesel $414,000

Compressed Natural Gas $470,000 There are no fuelingfacilities in the area.

Hybrid $640,000

Budget Impact: None.

BH:JG:CB:kc

9

MEMO

TO: Albany City Council

VIA Peter Troedsson, City Manager

FROM

DATE:

Jeff Blaine, P.E., Public Works Engineering and Community De\Tlopment Directo~ April 26, 2018, for the :May 7, 2018, City Council Work Session

SUBJECT: Petition and \X"aiver Evaluation

Relates to Strategic Plan theme: Great Neighborhoods, A Safe City, An Effective Government

Action Requested: Staff recommends that Council review the staff report and provide direction regarding the use of Petitions and Waivers.

Discussion: The term "Petition & Waiver (P&\V)" refers to an agreement between the City of Albany and a property owner officially titled "Petition for Improvements and Waiver of Remonstrance Agreement." A blank P&W' template is provided as Attachment 1 for reference. P&\Xi''s are typically used in-lieu of constructing public improvements in conjunction with new development or connection to a utility. By entering into a P&W agreement a property owner acknowledges the need for, and benefit of, the public improvement and documents their support for future Local Improvement District(s) (LID) to construct those improvements and waives their right to object to LID formation. This means that when the LID is fanned, the property O\Vner will be obligated to participate in the cost of the public improvements. P&\X"s are recorded documents that run with the land and, therefore, subject future property owners to the same obligations for the life of the agreement. Standard P&W agreements have a 20-year term.

Council recently directed staff to evaluate the City's use of P&W"s in lieu of constructing improvements at the time of development. Staff understood the direction to be based partially on concerns over public acceptance of acting on recorded P&W's for LID formation.

Sta_ff-El'aluation Albany's Development Code (ADC) requires that all new developments improve street frontages and extend roads and utilities to and through their property. In this way every property pays their fair share for public improvements necessary to serve growth. However, it is not always appropriate, or -practical, to construct improvements at the time of development. In those situations, the ADC allO\vs the City Engineer to make a determination that construction of the improvements is nor timely and allO\vs for acceptance of a P&W". P&\X!'s are used in those circumstances to ensure the property owner acknowledges their obligation for their fair share of the improvements and agrees to participate in an LID when the City decides it is appropriate ro construct the improvement.

For evaluation purposes, staff identified four common development scenarios that rely on P&\'\''s. Other scenarios exist; however, these are considered the most common.

1) Nexus and Rough Proportio11ality- Wben development is proposed, the City has the authority to obtain exactions from the developer. Exactions can take many forms including dedication of land or

cityofalbany.net

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ALBANY CITY COUNCIL May7, 2018

Page 2 of 3

requirements to construct public improvements. Through decisions in 1987 (Nollan vs. California Coastal Commission) and 1994 (Dolan vs. City of Tigard) the U.S. Supreme Court has made dear that exactions must have a rational connection, or nexus, to the proposed development action. If there is no nexus, or if the exaction is not roughly proportionate, required improvements may be considered a taking under the Fifth amendment. P&W's are an important tool to address proportionality concerns. For example, if a farming family with a large parcel of land and significant unimproved road frontage wants to partition their home site off from the remaining acreage, staff would typically require a P&W for public improvements rather than require utility and street improvements to be constructed along the entire frontage of the site. Similarly, the Code allows for some development to occur when utilities are not dose enough to reasonably require extension of service. P&W's are required in those instances as well.

2) Operations & Maintenance (O&M) - In some instances, it is not timely to construct improvements due to O&M concerns. For example, P&W's may be used in lieu of constructing a large diameter waterline where there is not enough use proposed to keep water "fresh." Requiring construction could result in drinking water quality concerns and/ or increased O&M costs to periodically flush the system. Similarly, constructing large sewer lines with limited flow can also result in O&M challenges.

3) S afery - When a development would only be responsible for a small portion of what will be a larger improvement, it may be necessary to obtain a P&W in lieu of constructing their isolated portion. For instance, safety problems could be created by requiring construction of intersection improvements on only one of four corner properties at an intersection (the developing parcel).

4) Constructabiliry - Constructability conflicts are often encountered when a development involves a lot with a small amount of street frontage in the middle of a long stretch of unimproved road. In some instances, it is not possible to design and construct improvements that will be compatible with long-term road improvements. Potential problems with requiring construction include:

a. Constructed improvements must be torn out (referred to as "throw-away" improvements) when the long-term improvement is built. Situations like this would result in the City ultimately being responsible for the cost of the final improvements; or

b. Construction consistent with long-term road improvements is not feasible because the existing road is several feet higher or lower than where the future road will be; making interim construction of isolated long-term improvements impossible.

There are several development projects in Albany that could be used to depict the value of P&W's. Staff has provided a sampling below. Staff recognizes that Council can initiate an LID without P&W's. However, as is evident in the examples, P&W's have proven to be an effective tool in encouraging developers to make required public improvements, whether individually, in partnership with other developers, or with private-public partnerships.

• Crocker Heights (North Albany near Crocker Lane and Valley View Drive intersection) - Because the site had frontage on Valley View Drive, compliance with the ADC necessitated that the City either accept a P&W or require construction of urban road improvements. The City, County, and surrounding neighbors did not feel improvement was timely and relied on a P&W. If the City had required improvement of Valley View Drive instead of a P&W, it is likely the construction cost would have been such that the developer would not have donated approximately 13 acres of forest land to Benton County for expansion of North Albany Park and would have instead developed that acreage to recover the construction costs.

• Vreeland Estates (South of Grand Prairie Road, just west of I-5) - In this example, two proposed subdivisions shared a common property line down the center of Periwinkle Creek. The construction of a bridge was necessary to comply with the City's connectivity and block length standards as well as to provide emergency vehicle access. Requiring bridge construction with the first subdivision was not possible due to a lack of right-of-way and proportionality issues. When the first subdivision came in for approval, staff required a P&W and informed the developer that as soon as the second development

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ALBANY CITY COUNCIL May 7, 2018

Page 3 of 3

came in we would initiate action on the P&W. A complimentary approach was provided to the second developer. In short, the P&W was used as leverage to get the two developers to cooperate and build the bridge themselves; that was their least cost option. Without P&W's neither development could have been conditioned to build the bridge without risking proportionality claims, and the City would have had to fund construction. It is worth noting that a similar situation exists with the Brandis Property east of I-5, south of Knox Butte Road, and east of Goldfish Farm Road where separate parcels boarder Burkhart Creek. A P&W will again be relied upon to facilitate bridge construction.

• Henshaw Farm (South Albany near Columbus Street and Ellingson Road intersection) - A P&W was required with the initial site partition for both frontage improvements and off-site improvements, which included construction of a round-a-bout at Columbus and Ellingson. The waiver allowed deferral of frontage improvements to individual phases, which was a practical approach to better facilitate development. Without P&W's the development could not have been conditioned to build the round-a-bout without risking proportionality claims, and the City would ultimately have to fund construction.

• SnoTemp (near Marion Street and Lochner Road intersection)- P&W's have been used to allow phased development of the SnoTemp site. Without P&W's SnoTemp would have been required to improve Marion Street and Lochner Road as part of past developments or the City would have had to accept that responsibility. A private-public partnership is currently being considered for construction of Lochner Road improvements.

If P&W's are eliminated as a development tool, in some development scenarios the City will have to consider:

• Requiring construction of throw-away improvements.

• Requiring construction of improvements with increased O&M maintenance concerns and costs.

• Requiring improvements that would be difficult to sustain on appeal based on proportionality issues, or

• Forgoing public improvements without a complementing mechanism to expedite LID formation for future construction of the improvement.

• A loss ofleverage to encourage private construction of public improvements necessary to serve growth.

• Investigating how legal requirements for clear and objective standards balance against legal requirements for proportionality. Development Code amendments required.

Sta.ff Recommendation

Staff recommends that P&W's be retained as a development tool. Staff understands there is concern over potential overuse of P&W's and that Council is reluctant to rely heavily on their use. Staff recommends that Council provide direction that their use be limited to situations deemed absolutely necessary, such as in the circumstances described in this memorandum.

Budget Impact: There are no immediate budget impacts.

JJB:kc Attachment

c: Robert Richardson, Planning Manager

Sean Kidd, City Attorney

Staci Belcastro, P.E., City Engineer Ronald G. Irish, Transportation Systems Analyst

12

Attachment 1

PETITION FOR IMPROVEMENTS AND WAIVER OF REMONSTRANCE AGREEMENT

THIS PETITION FOR IMPROVEMENTS AND W AIYER OF REMONSTRANCE AGREEMENT, is entered into this day of , 2008, by and between the CITY OF ALBANY, OREGON, hereinafter referred to as "City," and the following listed owners or agents of record, hereinafter referred to collectively as "Owners," of the property described below:

(enter name, address)

Assessor's Map No.: Tax Lot No.: Property Address:

W I TN E S S ET H:

WHEREAS, the above-listed persons are the owners or agents of record of the real property/record title described as follows (Provide full legal description or recorded deed reference, attach separate exhibit if necessary):

Deed Reference No.:

WHEREAS, said property is not now served in whole or in part by the following services constructed to current City standards (Check each one that applies or describe in more detail below):

D Sanitary Sewer D Streets D Other:

Describe in more detail if necessary:

D Storm Drainage D Sidewalks

D Curb and Gutter Owater

WHEREAS, future actions by the City to cause installation of such improvements as listed will confer a benefit upon the owners, their heirs, successors, and assigns; and

WHEREAS, the owners desire of the City certain development permits authorizing certain uses and/or improvements to the above-referenced property which permits are of recognized financial value to the owners.

WHEREAS, the owners agree to abide by the conditions of their development permit and do hereby petition for such improvements and further waive their right to remonstrate against such improvements;

WHEREAS, by this Petition the City desires to bind the undersigned to consent to the construction of the improvements when and if the City determines that they are necessary. It is not the intent of this Petition to preclude the undersigned from questioning or challenging the methods or calculations that the City uses to apportion the benefit and/or assessments which result from the improvements.

NOW, THEREFORE, in consideration of the mutual covenants contained herein, it is agreed as follows:

The owners hereby petition for and waive remonstrance against the construction of, and/or formation of, future public improvement districts for improvements of the type checked above affecting the property listed above.

The improvement hereby authorized shall be constructed to the standards prevailing in the City at the time said improvement is initiated or such lesser construction standard as the City may propose.

The completion of any improvement petitioned for by this agreement shall satisfy the terms of this agreement for said improvement and any subsequent reconstruction, oversizing, or repairs of said improvement shall not be authorized by this agreement.

Upon completion of any improvement authorized by this agreement, the City may, or upon demand of the owners shall, prepare and record a document evidencing completion of said improvement in satisfaction of that portion of this agreement.

By executing this Petition, the undersigned DO NOT waive their right to challenge the apportionment of benefit and/or assessment for any improvement made based upon this Petition.

Document] 13

This agreement shall become null and void upon the expiration of twenty (20) years from the date hereof or upon the completion of all subject improvements, whichever occurs first.

This agreement is binding upon the undersigned (owners), their heirs, successors, and assigns.

Notwithstanding the foregoing, it is agreed that the following special conditions or limitations apply to this agreement:

NONE

Signed:

(Authorized Owners or Agents)

STATE OF OREGON County of ___ _ SS.

City of ____ _

Personally appeared the above named ________ and ______ , and acknowledged the foregoing instrument to be their voluntary act and deed. Before me this day of , 2008.

STATE OF OREGON County of Linn City of Albany

) ) SS.

)

Notary Public for Oregon My Commission Expires:

CITY OF ALBANY, OREGON

ACCEPTED BY: Title:

Personally appeared Wes Hare, City Manager, and acknowledged acceptance of the foregoing instrument on behalf of the City of Albany. Before me this day of , 2008.

Document I

Notary Public for Oregon My Commission Expires:

14