On the agenda: Albany Agenda Packet — ALPR (Nov 18)

ALBANY CITY COUNCIL

AGENDA

Wednesday, November 18, 2026
06:00 PM
Council Chambers, City Hall
333 Broadalbin Street SW
Watch on YouTube: https://www.youtube.com/user/cityofalbany
Please help us get Albany’s work done.
Be respectful and refer to the rules of conduct posted by the main door to the Chambers and
on the website.

1.

Call to Order and Pledge of Allegiance

2.

Roll Call

3.

Adoption of Consent Agenda
a.

Approve Republic Services 2027 Rates for Recycling and Solid Waste
[Pages 3-10] -Erik Glover

b.

Granting a Water Utility Easement as part of Public Improvement Permit by
Private Developer Permit SI-25-15, Colonia Del Valle Prospero
[Pages 11-17] -Aaron Hiemstra

4.

Public Comment

5.

Action Items(s)
a.

Resolutions
1.

Resolution to Approve a Joint Discharge Agreement with ATI Millersburg
[Pages 18-40] -Contrail Smith and Kristin Preston

2.

Resolution to Adopt City Investment Policy
[Pages 41-58]-Jeanna Yeager

6.

Staff Reports/Informational Briefings
1

a.

Report on draft ALPR license plate reader camera ordinance
[Pages 59-63]-Sean Kidd

7.

Business from the Council

8.

City Manager Reports

9.

Next Meeting Dates
December 14, 2026 04:00 p.m. work session
December 16, 2026 06:00 p.m. council meeting

10. Adjournment

This meeting is accessible to the public via video connection. The location for inperson attendance is accessible to people with disabilities. If you have a disability that
requires accommodation, please notify city staff at least 48 hours in advance of the
meeting at: [email protected]
Testimony provided at the meeting is part of the public record. Meetings are
recorded, capturing both in-person and virtual participation, and are posted on the City
website.

2

Item a.

CITY OF ALBANY, OREGON

albanyoregon.gov

TO:

Albany City Council

VIA:

Peter Troedsson, City Manager

MEMO

FROM: Erik Glover, City Recorder
DATE: November 18, 2026
SUBJECT:
Approve Republic Services 2027 Rates for Recycling and Solid Waste
Purpose:
Republic Services makes an annual presentation to the Albany City Council for the purposes
of establishing rates for the next calendar year.
Background/Discussion:
On June 22, 2011 the Albany City Council approved Resolution 6019 RES6019 which
approved a structure for rates.
On November 19, 2025 the Albany City Council approved Resolution 7470 which provided a
2.4% rate increase to Republic for collection and disposal services.
On November 4, 2026, Republic Services provided a presentation to the Albany City Council
covering the 2027 Refuse Rate adjustment of 5.4%.
Staff Recommendation:
As part of the consent agenda, adopt the resolution to establish 2027 rates for solid waste
collection and recycling by Republic Services.
Alternatives: None recommended.
Attachments:
1.

Resolution

2.

RRI Packet 2027

3

Page 2 of 2

ALBANY CITY COUNCIL

Report Approval Details
Document Title:

Republic Rate Increase 2027.docx

Attachments:

Resolution - Republic Services 2026 consent.docx
RRI Packet 2027_City of Albany.pdf

Final Approval Date:

November 04, 2026

This document and all of its attachments were approved and signed as outlined below:
Erik Glover
Jeanna Yeager
Sean Kidd
Kayla Barber

Peter Troedsson

4

Item a.

Item a.

RESOLUTION NO. ________

A RESOLUTION APPROVING AN INCREASE TO THE APPROVED RATE SCHEDULE FOR
COLLECTION AND DISPOSAL SERVICES PROVIDED BY ALBANY-LEBANON SANITATION, D/B/A
REPUBLIC SERVICES
WHEREAS, Albany-Lebanon Sanitation, d/b/a Republic Services, has an exclusive franchise
agreement with the City of Albany whereby Republic Services is permitted to collect, transport, and
convey solid waste and recyclable materials within the city and to reuse, recycle, or otherwise
recover materials or energy from such solid waste and dispose of the remainder; and
WHEREAS, the methodology for annual rate adjustments for those services provided by Republic
Services is outlined in Resolution No. 6019; and
WHEREAS, Republic Services provided a presentation at the November 9, 2022, city council
work session, on increasing rates using the methodology provided for in Resolution No. 6019.
WHEREAS, Republic Services provided a presentation at the November 4, 2026, city council
meeting, on increasing rates using the methodology provided for in Resolution No. 6019.
NOW, THEREFORE, BE IT RESOLVED by the Albany City Council that the rates for collection and
disposal services provided by Republic Services as part of their exclusive franchise agreement
with the City of Albany shall be amended to reflect an increase of 5.4 percent; and
BE IT FURTHER RESOLVED that future rate and service adjustments shall continue to be evaluated
using the methodology and process provided for in Resolution No. 6019; and
BE IT FURTHER RESOLVED that the rate increase will be effective January 1, 2027.
DATED AND EFFECTIVE THIS 18TH DAY OF NOVEMBER 2026.
_________________________________________
Mayor

ATTEST:

________________________________________________
City Recorder

5

Item a.

October 6, 2026
Mayor Johnson II
Albany City Council
Peter Troedsson, City Manager
Dear Mayor Johnson II, City Council and Staff,
Republic Services is proud to serve the City of Albany as your recycling and solid waste
collection provider. We appreciate our continued partnership and are pleased to share several
highlights from the past year:
• Implementation of Oregon's Recycling Modernization Act (RMA): As part of the first
phase of the program, which launched on July 1, 2025, Republic Services installed incab camera technology to identify recycling contamination in real time. This
technology allows us to provide targeted feedback to customers, helping improve
recycling quality and reduce contamination in curbside recycling carts.
• Community Investment: Republic Services contributed more than $60,000 in cash and
in-kind donations throughout Linn County, supporting local organizations, community
programs, and events.
• Expanded Recycling Opportunities: Through our Recycle Depot, we have broadened
the range of materials accepted by adding the RecycleOn Center, providing residents
with additional convenient recycling options.
Included in this packet is information regarding the 2027 Refuse Rate Index adjustment. The
annual adjustment of 5.4% was calculated in accordance with the franchise agreement using
the Consumer Price Index (CPI), fuel costs, and disposal costs. As a result, the monthly rate
increase for residential cart customers will be:
$1.37
$1.95

20 Gallon Cart
65 Gallon Cart

$1.96
$2.35

32 Gallon Cart
90 Gallon Cart

Thank you for the opportunity to serve the residents of the City of Albany. We remain
committed to providing safe, reliable, and sustainable recycling and waste services to the
community. The new rates will take effect on January 1, 2027.
Sincerely,

Kevin Planalp
Finance Manager- Western Oregon
[email protected]

Sarah Steen
Municipal Manager- Western Oregon
[email protected]

1214 Montgomery St SE Albany Or. 97322 | RepublicServices.com | Environmental Services, Recycling & Waste

6

Item a.

1214 Montgomery St SE Albany Or. 97322 | RepublicServices.com | Environmental Services, Recycling & Waste

7

Item a.

1214 Montgomery St SE Albany Or. 97322 | RepublicServices.com | Environmental Services, Recycling & Waste

8

Item a.

1214 Montgomery St SE Albany Or. 97322 | RepublicServices.com | Environmental Services, Recycling & Waste

9

Item a.

1214 Montgomery St SE Albany Or. 97322 | RepublicServices.com | Environmental Services, Recycling & Waste

10

Item b.

CITY OF ALBANY, OREGON

albanyoregon.gov

TO:

MEMO

Albany City Council

VIA: Peter Troedsson, City Manager
FROM:Aaron Hiemstra, P.E. Assistant City Engineer
DATE: November 18, 2026
SUBJECT:
Granting a Water Utility Easement as part of Public Improvement Permit by Private Developer Permit SI-25-15,
Colonia Del Valle Prospero.
Purpose:
Approve a resolution that authorizes an access easement to grant the City access to the water meter vault installed
with Public Improvement by Private Developer Permit SI-25-15, Colonia Del Valle Prospero.
Background/Discussion:
The Colonia Del Valle Prospero development consists of six apartment buildings totaling 54 apartment units and one
community building. A three-inch water meter vault was installed as part of the public improvements under Public Improvement
by Private Developer Permit SI-25-15 to provide water to the seven buildings. The water meter vault was too large to place
directly in the public right-of-way and consequently it was installed behind the public right-of-way behind the sidewalk and
adjacent to the driveway that were both constructed with Goldfish Farm Road extension under the same Public Improvement by
Private Developer Permit. It is typical that vaults of this size are too large to install in the public right-of-way and they are
commonly placed in an area outside of the public right-of-way but are accessible from the public right-of-way.
Execution of the access easement agreement included as Attachment 2 will provide access for the City to access the three-inch
meter within the vault. The legal description and map showing the easement location are included with Attachment 2 as Exhibits
A and B. The vicinity map is included as Exhibit C.

Strategic Plan Impact:
Effective Government.
Budget/Staff Impact:
None.
Staff Recommendation:
As part of the consent agenda, adopt the resolution authorizing the granting of the access easement required to
allow city staff access to the three-inch meter vault that was installed as part of the public improvements under
Public Improvement by Private Developer Permit SI-25-15, Colonia Del Valle Prospero.

Alternatives:

11

ALBANY CITY COUNCIL

1.

Page 2 of 3

Do not approve resolution granting the access easement.

Attachments:
1. Access Easement Resolution
2. Access Easement Agreement

12

Item b.

ALBANY CITY COUNCIL

Page 3 of 3

Report Approval Details
Document Title:

Granting a Water Utility Easement as part of Public Improvement
Permit by Private Developer Permit SI-25-15, Colonia Del Valle
Prospero.docx

Attachments:

Resolution Easement.pdf
Water Vault easement exA and exB.pdf
SI-25-15 Exhibit C_V2.pdf

Final Approval
Date:

November 06, 2026

This document and all of its attachments were approved and signed as outlined below:
No Signature - Task assigned to Aaron Hiemstra was completed by Super
Administrator Anita Dodd
Aaron Hiemstra
No Signature - Task assigned to Staci Belcastro was completed by Super
Administrator Anita Dodd
Staci Belcastro
Paul Trombino
Sean Kidd
Erik Glover
Kayla Barber

Peter Troedsson

13

Item b.

Item b.

RESOLUTION NO.

A RESOLUTION ACCEPTING THE FOLLOWING EASEMENT:
Grantors

Purpose

Farmworkers Housing Development Corporation

Accepting an access easement as part of SI-25-15,
Colonia Del Valle Prospero
Tax Lot 11S03W09D 00903

NOW, THEREFORE, BE IT RESOLVED by the Albany City Council that it does hereby accept this
easement.
DATED AND EFFECTIVE THIS 18TH DAY OF NOVEMBER 2026.

Mayor
ATTEST:

City Recorder

14

Item b.
EXHIBIT ‘A’
EASEMENT DESCRIPTION
AN AREA OF LAND LOCATED IN THE SOUTHWEST QUARTER OF SECTION 10, TOWNSHIP
11 SOUTH, RANGE 3 WEST OF THE WILLAMETTE MERIDIAN AND ON THE PROPERTY
COMMONLY IDENTIFIED AS 3901 GOLDFISH FARM ROAD, SE ALBANY, OREGON AND
BEING MORE SPECIFICALLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE WESTERLY RIGHT OF WAY OF SAID GOLDFISH FARM
ROAD WHICH BEARS SOUTH 01°12’01” WEST 108.67 FEET OF A 5/8” IRON ROD MARKING
THE EASTERLY-NORTHEAST CORNER OF PARCEL 1 OF PARTITION PLAT 2025-30;
THENCE ALONG SAID RIGHT OF WAY SOUTH 01°12’01” WEST 7.60 FEET; THENCE
LEAVING THE RIGHT OF WAY NORTH 87°50’20” WEST 9.67 FEET; THENCE NORTH
02°09’40” EAST 7.60 FEET; THENCE SOUTH 87°50’20” EAST 9.54 FEET TO THE POINT OF
BEGINNING.

DIGITALLY SIGNED

Udell Engineering & Land Surveying, LLC
63 East Ash Street, Lebanon, OR 97355
Ph: 541-451-5125 ● Fax: 541-451-1366

15

Item b.

(E) PUE

Δ=89°02'21"
R=12.00'
L=18.65'
LC=S43°19'09"E 16.83'

SCALE: 1" = 20'
0'

20'

[108.67']

)
L1 0
E
-3
RC
(PA 2025
.
P.P
DETAIL: EASEMENT
SCALE: 1'=5'

BASIS OF BEARINGS
PER P.P. 2025-30
S1°12'01"W 165.89'

[S1°12'01"W 7.60']

[N2°09'40"E 7.60']

[S87°50'20"E 9.54']

EASEMENT AREA

GOLDFISH FARM ROAD SE (76' R/W)

FD 5/8" IR
HELD FOR COR
OF P.P. 2025-30

[N87°50'20"W 9.67']
EASEMENT AREA

REGISTERED
PROFESSIONAL
LAND SURVEYOR

LEGEND

SEE DETAIL

DIGITALLY SIGNED

[]
RD
R/W
IR
OPC
(E)
(P)
LC
PUE

OREGON
JUNE 12, 2013
KYLE W. LATIMER
80442
RENEWS: 12/31/2028
Date

SHEET 1
of

1

10/20/2026
Project 24-074
Drawn by
CJB
Checked by
KWL

EXHIBIT "B"
IN PARCEL 1 OF P.P. 2025-30
SW 1/4 SEC 10
T. 11 S., R. 3 W., W.M.

FOUND MONUMENT (AS NOTED)
CALCULATED INFORMATION
ROAD
RIGHT OF WAY
IRON ROD
ORANGE PLASTIC CAP
EXISTING
PROPOSED
LONG CHORD
PUBLIC UTILITY EASEMENT

UDELL ENGINEERING
AND

LAND SURVEYING, LLC
63 EAST ASH ST.
LEBANON, OREGON, 97355
541-451-5125

16

Item b.

17

Item 1.

CITY OF ALBANY, OREGON

albanyoregon.gov

TO:
VIA:

FROM:

MEMO

Albany City Council
Peter Troedsson, City Manager
Paul Trombino, III, Public Works Director
Contrail Smith, Wastewater Superintendent
Kristin Preston, Public Works Operations Manager

DATE:

November 18, 2026

SUBJECT: Approve a Joint Discharge Agreement with ATI Millersburg
Purpose:
Staff recommends that Council authorize, by resolution, Albany to enter into a Joint Discharge
Agreement with ATI Specialty Alloys and Components, LLC (ATI Millersburg) for the combined
discharge of treated wastewater effluent through the City’s discharge facilities to the Willamette
River in accordance with the National Pollutant Discharge Elimination System (NPDES) Permits
issued by the Oregon Department of Environmental Quality (DEQ).
Background/Discussion:
Albany and Millersburg jointly own the Albany-Millersburg Water Reclamation Facility (WRF), for
the treatment of wastewater from both communities. Albany operates the WRF and discharges
treated effluent under a NPDES permit issued by DEQ, through discharge facilities and an
effluent “diffuser” pipe into the Willamette River. Albany’s NPDES permit was revised and
renewed by DEQ, effective April 1, 2026.
ATI Millersburg owns and operates a metals production facility in Millersburg that sends treated
wastewater to Albany’s discharge facilities for combined release to the Willamette River. Since
2011, the facility has discharged through Albany’s diffuser under an Industrial Wastewater
Discharge Permit issued by the City. Effective November 1, 2026, ATI Millersburg will discharge
through Albany’s diffuser under an individual NPDES Permit issued by DEQ, at which point
Albany no longer regulates the facility’s discharge. The combined effluent was also previously
discharged through the Talking Water Gardens treatment wetland which is not currently
permitted by DEQ. ATI Millersburg will continue to directly discharge to the Willamette River
through the City’s diffuser, while Albany works with DEQ on the goal of modifying its NPDES
permit to include use of Talking Water Gardens for the WRF effluent only.
Albany, Millersburg and ATI Millersburg previously entered a Wastewater Management
Agreement in 2009. This Joint Discharge Agreement supersedes and replaces the 2009

18

ALBANY CITY COUNCIL

Page 2 of 4

Agreement and provides revised maintenance, operation and payment obligations, includes
reference to the renewed NPDES Permits, removes reference to Talking Water Gardens, and
allows for mutually beneficial sharing of thermal waste load allocations as provided by the 2025
Temperature Total Maximum Daily Load (TMDL) for the Willamette River and as allowed by the
NPDES Permits. This discharge agreement also removes Millersburg as a party to the
agreement since the jointly-owned treatment facilities are managed in accordance with an
existing intergovernmental agreement between the cities.
The ATI Millersburg plant site is outside of Albany city limits but is not eligible for annexation,
consistent with Municipal Code Title 10 Sewers, AMC 10.01.050 (policy). The terms of this
Agreement are also consistent with AMC 10.01.070 (sewer rates) taking into consideration the
payments to be made by ATI Millersburg and the unique benefits to Albany for a combined
thermal load limit.
Budget/Staff Impact:
The Agreement obligates ATI Millersburg to pay Albany a user fee of $12,500 per month
($150,000 annually) for its share of the cost of routine operation of the discharge facilities, with
an annual adjustment based upon the percentage change in the Consumer Price Index for all
urban areas not to exceed three percent (3%).
The Agreement also obligates ATI Millersburg to pay Albany a capital fee, based on their
proportional flow, for special inspections, repairs, replacement, or mixing zone studies for
Albany’s discharge facilities.
The user and capital fees will impact sewer revenue (60140300-428205) to reimburse the City
for operating and maintaining the discharge facilities and access to discharge to the Willamette
River.
Staff Recommendation:
Adopt the resolution to authorize the City of Albany to enter into a Joint Discharge Agreement
with ATI Millersburg.
Alternatives:
1.

Modify and approve the Joint Discharge Agreement and resolution

2.

Don’t approve the Joint Discharge Agreement and resolution

Attachments:
1. Resolution
2.

Joint Discharge Agreement

19

Item 1.

Page 3 of 4

ALBANY CITY COUNCIL

Report Approval Details
Document Title:

ATI Joint Discharge Agreement.docx

Attachments:

Res ATI Discharge Agreement.docx
Albany-Millersburg-ATI Wastewater Management Agreement
11.03.2026.docx
Exhibit A Discharge Facilities.pdf
Exhibit B Dispute Resolution Procedures.docx

Final Approval
Date:

November 04, 2026

This document and all of its attachments were approved and signed as outlined below:
No Signature - Task assigned to Contrail Smith was completed by Super
Administrator Anita Dodd
Contrail Smith
Kristin Preston
No Signature - Task assigned to Paul Trombino was completed by Super
Administrator Anita Dodd
Paul Trombino
Sean Kidd
Erik Glover
Kayla Barber

20

Item 1.

ALBANY CITY COUNCIL

Page 4 of 4

Peter Troedsson

21

Item 1.

Item 1.

RESOLUTION NO. ________

A RESOLUTION AUTHORIZING EXECUTION OF A JOINT DISCHARGE AGREEMENT WITH ATI MILLERSBURG
WHEREAS, Albany and Millersburg jointly own and Albany operates the Albany-Millersburg Water Reclamation
Facility (WRF), for the treatment of wastewater from both communities; and
WHEREAS, The jointly-owned treatment facilities are managed in accordance with an existing intergovernmental
agreement between Albany and Millersburg; and
WHEREAS, The WRF discharges treated effluent to the Willamette River under a National Pollutant Discharge
Elimination System (NPDES) Permit issued to Albany by the Oregon Department of Environmental Quality (DEQ);
and
WHEREAS, ATI Millersburg owns and operates a metals production facility located within Millersburg and
discharges treated effluent to Albany’s discharge facilities under a separate NPDES permit issued to ATI
Millersburg by DEQ; and
WHEREAS, The Joint Discharge Agreement details the obligations, payment, terms and conditions for shared use
of Albany’s discharge facilities; and
WHEREAS, The Joint Discharge Agreement allows for the mutually beneficial sharing of thermal waste load
allocations as provided by the 2025 Temperature Total Maximum Daily Load (TMDL) for the Willamette River; and
WHEREAS, The ATI Millersburg is located outside of Albany city limits and is not eligible for annexation,
consistent with Albany Municipal Code Title 10 Sewers 10.01.050; and
WHEREAS, The terms of the Joint Discharge Agreement, payment requirements, and unique benefit to Albany are
consistent with Albany Municipal Code Title 10 Sewers 10.01.070; and
WHEREAS, The Joint Discharge Agreement supersedes and replaces the 2009 Wastewater Management
Agreement.
NOW, THEREFORE, BE IT RESOLVED by the Albany City Council that authorizes execution of a Joint Discharge
Agreement with ATI Millersburg.
DATED AND EFFECTIVE THIS 18th DAY OF NOVEMBER 2026.
ATTEST:

_________________________________________
Mayor

_________________________________________________
City Recorder

22

Page 2 of 2

23

Item 1.

Item 1.
JOINT DISCHARGE AGREEMENT

This Joint Discharge Agreement (“Agreement”) is made and entered into effective November 1,
2026, by and between City of Albany, Oregon (“Albany”) and ATI Specialty Alloys and Components,
LLC, as successor to certain assets and liabilities of TDY Industries, LLC d/b/a ATI Millersburg
Operations (“ATI Millersburg”) (singularly, the “Party”, collectively, the “Parties”).
RECITALS
A.

Albany and the City of Millersburg (“Millersburg”) own the Albany-Millersburg Water

Reclamation Facility (“WRF”), a publicly owned treatment works for the treatment of wastewater from
dischargers in both communities. The jointly owned facilities are managed in accordance with an
existing intergovernmental agreement (“IGA”) between the cities. Albany operates the WRF and
discharges treated wastewater, known as effluent, to the Willamette River under a National Pollutant
Discharge Elimination System (“NPDES”) Permit issued by the Oregon Department of Environmental
Quality (“DEQ”).
B.

ATI Millersburg owns and operates a metals production facility located within the city

limits of Millersburg at 1600 NE Old Salem Road, Albany, Oregon (the “ATI Millersburg Plant Site”).
The ATI Millersburg Plant Site generates wastewater that ATI Millersburg treats and discharges through
underground piping (owned by ATI Millersburg) to Albany’s Discharge Facilities, as defined in Section
1.5 of this Agreement, where the ATI Millersburg effluent combines with the WRF effluent. The
combined effluent is discharged through outfalls (owned by Albany and Millersburg) to the Willamette
River. ATI Millersburg effluent is not routed to or treated at the WRF. Site discharge facilities and
piping are shown in Exhibit A.
C.

ATI Millersburg’s NPDES Permit that was in effect until November 1, 2026, and which

DEQ issued in 1988, authorized discharges of effluent from the ATI Millersburg Plant Site to tributaries
of the Willamette River. Several years after that permit was issued, ATI Millersburg began discharging
effluent instead through the Discharge Facilities pursuant to an Industrial Wastewater Discharge Permit
issued to ATI Millersburg by Albany. DEQ issued its renewal of the ATI Millersburg NPDES Permit on
August 20, 2026. The renewed NPDES permit authorizes ATI Millersburg to discharge effluent to the
Willamette River through the Discharge Facilities, effective on November 1, 2026.
D.

Albany, Millersburg, and ATI Millersburg previously entered a Wastewater Management

Agreement on October 28, 2009, in which the Parties agreed to certain maintenance, operation, and
payment obligations for their respective discharges through the Discharge Facilities and outfall to the

1

24

Item 1.
Willamette River (the “2009 WMA”). Except for those provisions of the 2009 WMA that survive its
termination, as described in Section 10.6 of the 2009 WMA, this Agreement supersedes and replaces the
2009 WMA.
E.

This Agreement was approved by the Albany City Council at a properly noticed meeting

held on November 18, 2026. The Albany City Council found the terms of this Agreement are consistent
with and authorized by the Albany Municipal Code, including without limitation, Title 10 Sewers, §
10.01.050 (policy). The City Council found the terms of this Agreement are consistent with § 10.01.070
(sewer rates) taking into consideration the payments to be made by ATI Millersburg under this
Agreement and the unique benefits to Albany of combining the ATI Millersburg effluent with Albany’s
effluent. Pursuant to § 10.01.050 (policy), the City Council found that the ATI Millersburg Plant Site is
not eligible for annexation to the City of Albany.
1.

Definitions

As used in the Agreement, these terms shall mean:
1.1

“Albany NPDES Permit” means the Domestic Individual NPDES Permit issued by DEQ

to Albany pursuant to ORS 468B.050 and the Clean Water Act (or any comparable federal or state law
under which the discharge of wastewater to surface water is permitted), as it may be modified, renewed,
or reissued from time to time.
1.2

“ATI Millersburg NPDES Permit” means the Industrial Individual NPDES Permit issued

by DEQ to ATI Millersburg pursuant to ORS 468B.050 and the Clean Water Act (or any comparable
federal or state law under which the discharge of wastewater to surface water is permitted), as it may be
modified, renewed, or reissued from time to time.
1.3

“Conservation Easement” means the Conservation Easement granted by ATI Millersburg

to Albany (July 1, 2005) (recorded in the official records of Linn County, Oregon, volume 1731, page 575)
to preserve the conservation property's natural, scenic, and open space condition and to protect and enhance
its conservation values as described in the easement.
1.4

“DEQ” means the Oregon Department of Environmental Quality and any successor

agency with jurisdiction over the Albany and ATI Millersburg NPDES Permits and the discharge from the
Discharge Facilities.
1.5

“Discharge Facilities” means the WRF’s existing flow control structure, outfalls and

diffuser and all associated pipelines, and other improvements for the combined discharge of effluent
pursuant to the Albany and ATI Millersburg NPDES Permits as such Discharge Facilities may be modified

2

25

Item 1.
from time to time (see Exhibit A). The Discharge Facilities do not include the WRF wastewater treatment
plant, the wastewater collection system leading to the WRF, piping and equipment owned by ATI
Millersburg, or any other facilities that are not used for the combined discharge of WRF and ATI
Millersburg effluent. The Discharge Facilities are owned by Albany and Millersburg under the terms of
the cities’ IGA.
1.6

“Effluent” means treated wastewater that is intended to be discharged pursuant to an

NPDES permit.
1.7

“Enforcement Action” means any agency or citizen lawsuit, action, notification letter or

similar proceeding filed against Albany or ATI Millersburg, including administrative, criminal or civil
actions, and appeals therefrom, to enforce the requirements of the Albany and ATI Millersburg NPDES
Permits or with respect to effluent discharged pursuant to the Albany and ATI Millersburg NPDES Permits.
1.8

“Federal and State Water Quality Requirements” means all applicable statutes and rules

and judicial orders or rulings regulating water quality or wastewater management and specifically includes
without limitation categorical standards (40 CFR Subchapter N), secondary treatment standards (40 CFR
Part 133), ambient water quality standards (OAR Ch 340, Div 41), total maximum daily loads, the Albany
and ATI Millersburg NPDES Permits and judicial or administrative orders or rulings directly applicable
to the Albany and ATI Millersburg effluent discharges through the Discharge Facilities.
1.9

“Publicly Owned Treatment Works” (POTW) means the entire publicly owned

wastewater collection and treatment system including, without limitation, pipes, valves, pumps, and the
Albany-Millersburg Water Reclamation Facility.
1.10

“Willamette Temperature TMDL” means the total maximum daily load for temperature

for the Willamette Basin as it applies to effluent from the WRF and ATI Millersburg, together with any
applicable future total maximum daily load implementation orders, including allocations of loading
capacity, as may be amended from time to time.
2.

Albany's Obligations

2.1

Compliance with NPDES Permit.

Albany shall operate the POTW and Discharge

Facilities in compliance with the Albany NPDES Permit and all applicable laws. Albany shall conduct all
monitoring and in a timely manner submit to DEQ all reports, plans, and other documents required by the
Albany NPDES Permit or requested by DEQ.
2.2

Maintenance and Renewal of Albany NPDES Permit. Albany shall take all steps necessary

or appropriate to maintain the Albany NPDES Permit in effect, including timely submittal to DEQ of

3

26

Item 1.
renewal applications and other documents and information required or requested by DEQ. Albany will
confer with ATI Millersburg before applying for or agreeing to any modification to the Albany NPDES
Permit that may affect ATI Millersburg's discharge or its obligations under this Agreement. Albany will
notify ATI Millersburg promptly following receipt of notice from DEQ that it is engaging in any
modification or renewal to the Albany NPDES Permit that may affect ATI Millersburg's discharge or its
obligations under this Agreement. If DEQ revokes or denies renewal of the Albany NPDES Permit or
modifies the Albany NPDES Permit in a manner that would prevent Albany from performing its
obligations under this Agreement, ATI Millersburg shall have the right to participate at its expense in all
actions challenging such DEQ action, including contested cases and appeals.
2.3

Notice to ATI Millersburg. Albany shall provide to ATI Millersburg all notifications of

bypass, spill, or upset through the Discharge Facilities contemporaneously with such notifications to DEQ.
2.4

Operation and Maintenance of Facilities. Albany shall operate and maintain the Discharge

Facilities consistently with sound engineering, operating and management practices, and as necessary or
appropriate to keep it in good operating condition. Albany shall maintain, operate and, if necessary, expand
the Discharge Facilities to maintain adequate capacity to receive and discharge effluent from the ATI
Millersburg Plant Site.
2.5

Acceptance of ATI Millersburg Effluent. Subject to force majeure limitations of Section

5 of this Agreement, Albany shall allow ATI Millersburg to discharge its treated effluent to the Discharge
Facilities under the following conditions: (a) the discharge must be less than 5.0 million gallons per day
(mgd); and (b) the discharge must materially comply with discharge restrictions in the ATI Millersburg
NPDES Permit. Albany reserves the right to reject ATI Millersburg’s effluent if these conditions are not
met, provided, however, that before Albany rejects effluent that does not materially comply with the
discharge restrictions in the ATI Millersburg NPDES Permit and that does not pose a substantial risk of
harming the Discharge Facilities or causing a violation of Albany’s NPDES Permit, Albany shall notify
ATI Millersburg of the violation and provide ATI Millersburg with a reasonable opportunity to cure the
violation. ATI Millersburg effluent that is discharged through the Discharge Facilities pursuant to this
Agreement and that is not routed through the WRF treatment facilities, shall not be subject to an Industrial
Wastewater Discharge Permit issued by Albany or to Albany’s industrial pretreatment ordinance.
2.6

Other Permit Conditions. Except as otherwise stated in this Agreement, this Agreement

shall not be construed to limit Albany's authority to adopt, amend, or enforce its ordinances. Albany may
not enforce ordinances adopted after the date of this Agreement in a manner that contravenes this
Agreement, except as required by any Federal and State Water Quality Requirements.

4

27

Item 1.
2.7

Albany and Millersburg Ownership and Control of Facilities. The POTW and Discharge

Facilities shall be owned by Albany and Millersburg and maintained, operated, and administered by
Albany, consistent with the cities’ IGA. Nothing in this Agreement shall be interpreted to grant ATI
Millersburg an ownership interest in these facilities.
2.8

Albany will terminate the Industrial Wastewater Discharge Permit, effective on November

1, 2026, concurrent with the effective date of ATI Millersburg’s renewed NPDES Permit that authorizes
ATI Millersburg to discharge effluent through the Discharge Facilities.
3.

ATI Millersburg’s Obligations

3.1

Compliance with ATI Millersburg NPDES Permit. ATI Millersburg shall operate its

facilities in compliance with the ATI Millersburg NPDES Permit and all applicable laws. ATI
Millersburg shall conduct all monitoring and in a timely manner submit to DEQ all reports, plans, and
other documents required by the ATI Millersburg NPDES Permit or requested by DEQ.
3.2

Maintenance and Renewal of ATI Millersburg NPDES Permit. ATI Millersburg shall take

all steps necessary or appropriate to maintain the ATI Millersburg NPDES Permit in effect, including
timely submittal to DEQ of renewal applications and other documents and information required or
requested by DEQ. ATI Millersburg will confer with Albany before applying for or agreeing to any
modification to the ATI Millersburg NPDES Permit that may affect Albany's discharge or its obligations
under this Agreement. ATI Millersburg will notify Albany promptly following receipt of notice from DEQ
that it is engaging in any modification or renewal to the ATI Millersburg NPDES Permit that may affect
Albany's discharge or its obligations under this Agreement. If DEQ revokes or denies renewal of the ATI
Millersburg NPDES Permit or modifies the ATI Millersburg NPDES Permit in a manner that would
prevent ATI Millersburg from performing its obligations under this Agreement, Albany shall have the right
to participate at its expense in all actions challenging such DEQ action, including contested cases and
appeals.
3.3

Notice to Albany. ATI Millersburg shall provide to Albany all notifications of bypass,

spill, or upset through the Discharge Facilities contemporaneously with such notifications to DEQ.
3.4

Ownership of Land. Notwithstanding any other provision of this Agreement, Albany

shall retain the Conservation Easement it holds for a portion of the ATI Millersburg real property. Except
as provided in this paragraph, nothing in this Agreement is intended to alter or transfer any interest in the
real property of ATI Millersburg or Albany. The Parties agree that ATI facilities necessary to convey
ATI effluent to the Discharge Facilities are consistent with the purpose of the Conservation Easement.
3.5

Payments to Albany. ATI Millersburg shall timely make all payments to Albany

5

28

Item 1.
required by Section 4 below.
4.

Payments.

4.1

User and Capital Fees.

4.1.1

ATI Millersburg shall pay Albany a user fee (“User Fee”) for its share of the cost of

routine operation of the Discharge Facilities. The User Fee shall be $12,500 per month, payable on a
quarterly basis. The User Fee shall be adjusted on an annual basis, based upon the percentage change in
the Consumer Price Index for all urban areas (CPI-U) as issued by the Bureau of Labor Statistics for the
United States Department of Labor, Portland office, not to exceed three percent (3%), for the year prior
beginning on January 1, 2028.
4.1.2

The failure of Albany to make any fee adjustments on the anniversary date of the initial

term shall not in any way prohibit Albany from adjusting the User Fee at a later date in such a manner to
include any or all adjustments that could have been made at the anniversary date or dates, provided that
no User Fee adjustment shall be retroactive.
4.1.3

ATI Millersburg shall also reimburse Albany for its share of all capital expenditures

(“Capital Fee”) associated with the Discharge Facilities, including but not limited to any specialized
inspection, repairs, replacement, or mixing zone studies of the Discharge Facilities. ATI Millersburg’s
share of Capital Fee shall be calculated based on ATI Millersburg’s proportional flow through the
Discharge Facilities, averaged on a 3-year rolling basis for the three calendar years prior to the date of
the invoice for the Capital Fee. Albany shall provide thirty (30) days’ notice to ATI Millersburg before
beginning the public procurement process for any capital expenditures related to the Discharge Facilities.
4.1.4

Within 45 days of the end of each calendar quarter, Albany shall prepare and deliver to

ATI Millersburg an invoice for monthly User Fees and an invoice and accounting of costs described in
Section 4.1.3 (if any) for Capital Fees. The accounting shall include reasonable detail and supporting
documentation for the costs and the computation of ATI Millersburg's share of the costs.
4.1.5

Unless a cost allocation dispute is pending, ATI Millersburg shall pay the User Fee or

Capital Fee to Albany within 45 calendar days of receipt of Albany's accounting and invoice for each
quarter. If ATI Millersburg believes the accounting or invoice is in error, it shall submit to Albany a
statement of objections within 45 calendar days of its receipt of the accounting and invoice. In the event
ATI Millersburg submits such an objection, either Party may submit the matter to dispute resolution as
provided by Section 8 of this Agreement. If ATI Millersburg submits an objection to Albany within 45
calendar days of receipt of Albany's accounting and invoice, those portions of the invoice subject to the
dispute shall not be due until 45 days after the dispute is resolved pursuant to Section 8.

6

29

Item 1.
4.2

No Other Fees or Payments. The User Fee and Capital Fee shall be in lieu of any user fee

or other fee Albany could otherwise impose on dischargers to its POTW or Discharge Facilities. Except
for the User Fee and Capital Fee, Albany shall not impose on ATI Millersburg, and ATI Millersburg shall
not be obligated to pay, any other charge, fee, assessment, or other payment under this Agreement or the
2009 WMA for the discharge of ATI Millersburg effluent that is within the terms of this Agreement,
including without limitation any fee or payment associated with the “Phase II Facility” under the 2009
WMA, known as “Talking Water Gardens.”
5.

Force Majeure.

5.1

Albany shall not be obligated to accept effluent from ATI Millersburg to the extent that

acceptance and discharge of such effluent (1) is prohibited by, or will cause a violation of, the Albany
NPDES Permit, a judicial/administrative order or any other applicable legal requirement due to events
beyond Albany's reasonable control and provided that Albany has used reasonable best efforts to obtain
any waiver, exception, permit modification, or other available relief from such legal requirement, or (2) is
rendered impossible as a result of damage to or malfunction of the Discharge Facilities due to events
beyond Albany's reasonable control (collectively, “Albany Force Majeure Event”). Albany shall
immediately notify ATI Millersburg upon becoming aware of a condition or circumstance that may lead
to a Force Majeure Event and shall use reasonable best efforts to avoid the Force Majeure Event and to
minimize its duration.
5.2

ATI Millersburg shall not be obligated to comply with Sections 3.1 and 3.2 of this

Agreement to the extent that and for so long as compliance is beyond its reasonable control (“ATI
Millersburg Force Majeure Event”). ATI Millersburg shall immediately notify Albany upon becoming
aware of a condition or circumstance that may lead to an ATI Millersburg Force Majeure Event and shall
use reasonable best efforts to avoid the ATI Millersburg Force Majeure Event and to minimize its duration.
6.

Waste Load Allocations.

6.1

Shared Waste Load Allocation. Pursuant to the Willamette Temperature TMDL in effect

on the date of this Agreement, ATI Millersburg and Albany have each been allocated an allowable thermal
load for discharge through the Discharge Facilities. To the extent allowed by applicable laws, the Parties
agree to work cooperatively and in good faith to combine or share their allocations if both Parties determine
that such combination or sharing is advantageous to both Parties. Albany and ATI Millersburg may opt to
combine waste load allocations per the Willamette Temperature TMDL and report to DEQ the combined
excess thermal load limit as described in the Albany and ATI Millersburg NPDES Permits. The decision
to report a combined excess thermal load in the monthly discharge monitoring reports to DEQ shall be

7

30

Item 1.
made by the 10th day of the reporting month. Both parties must agree, use either option A or B described
in the NPDES Permits and must report identical thermal load data. If both parties do not agree to report
combined excess thermal loads, then they each report their individual discharge excess thermal load. Each
Party reserves the right to reassume full ownership, control, and use of its individual waste load allocation
upon termination of this Agreement.
6.2

The Parties agree to share daily effluent flow and temperature data using an agreed-upon

data storage mechanism accessible to both Parties. The Parties will use the shared data in calculating
thermal loads, as needed to support the allocation sharing described in Section 6.1.
6.3

The Parties agree to share their monthly DMRs with each other upon submission to

7.

Response and Responsibility Related to Enforcement Action

7.1

Albany and ATI Millersburg will individually comply with the terms of their respective

DEQ.

NPDES Permits, and they intend that no permit violations will occur. Each Party acknowledges
ownership of, and responsibility for, its respective effluent for the purposes of NPDES Permit
compliance.
7.2

Each Party is individually responsible for responding to any Enforcement Action

regarding an alleged violation of its NPDES Permit or pursuant to other state or federal law. If either
Party believes that it has received an Enforcement Action caused, in whole or in part, by the other Party’s
effluent discharge, the Parties must confer in good faith regarding the alleged violation and attempt to
resolve responsibility for the Enforcement Action. To the extent the Parties are unable to agree regarding
responsibility for an Enforcement Action, they will implement the Dispute Resolution process described
in Section 8.
7.3

Each Party agrees to provide the other Party with any notice of an Enforcement Action

as soon as reasonably practical upon receipt of such notice.
8.

Dispute Resolution.

Except as specified in this Agreement, disputes between or among Parties to this Agreement shall
be submitted to alternative dispute resolution according to the mediation procedures set forth in Exhibit B.
herein. The Parties shall endeavor in good faith to resolve disputes consistently with the terms and
conditions of this Agreement. To the extent the terms and conditions of the Agreement do not directly
address the matter in dispute, the Parties will endeavor in good faith to resolve the dispute in a manner
equitable to all the Parties and consistent with good engineering and management practices.

8

31

Item 1.
9.

Indemnification.

9.1

ATI Millersburg shall indemnify, defend, and hold harmless Albany and its employees

from and against any and all claims, actions, fines, and liabilities and related costs and expenses
(including consultant and attorney fees) (collectively, “Claims”) arising out of (a) a violation of the ATI
Millersburg NPDES Permit or (b) a breach of this Agreement by ATI Millersburg; except to the extent
such Claims are caused by (i) Albany’s violation or alleged violation of its NPDES Permit; (ii) a breach
of this Agreement by Albany; or (iii) by the negligence or willful misconduct of Albany.
9.2

Albany shall indemnify, defend, and hold harmless ATI Millersburg and its parent

corporation and each of their officers, directors and employees from and against any and all Claims
arising out of (a) Albany's operation or maintenance of the POTW and/or Discharge Facilities, (b) a
violation of the Albany NPDES Permit, or (c) a breach of this Agreement by Albany; except to the extent
such Claims are caused by (i) ATI Millersburg’s violation or alleged violation of its NPDES Permit; (ii)
a breach of this Agreement by ATI Millersburg; or (iii) by the negligence or willful misconduct of ATI
Millersburg.
10.

Term and Termination

10.1

Term. Unless terminated by mutual consent of the Parties hereto or by one of the

grounds for termination set forth in this Section, this Agreement shall remain effective for as long as the
Albany and ATI Millersburg NPDES Permits are in effect, including any period for which said Permits
are renewed, modified, reissued, or otherwise extended. ATI Millersburg may also terminate this
Agreement by providing 30 calendar days’ written notice to Albany and ceasing all discharges to the
Discharge Facilities.
10.2

Termination by Albany for ATI Millersburg Breach. Following Albany’s written notice

to ATI Millersburg of any alleged breach of this Agreement by ATI Millersburg and the completion of
the applicable dispute resolution process, if ATI Millersburg is in breach of this Agreement and ATI
Millersburg's breach remains uncured or continues for more than 30 calendar days thereafter or, for such
longer period as may be reasonably necessary to cure such breach, Albany may terminate this
Agreement, without any liability, reimbursement, or damages to ATI Millersburg. Prior to exercising this
right to terminate, Albany must give ATI Millersburg two years’ written notice setting forth the nature of
the breach and the actions necessary to correct the breach. Albany may suspend any or all of ATI
Millersburg's rights under the terms of this Agreement during the notice period only if ATI Millersburg's
discharge or actions pose an unreasonable risk to the Albany NPDES Permit, POTW, or Discharge
Facilities. In the event Albany terminates this Agreement based on a continuing or uncured breach

9

32

Item 1.
thereof by ATI Millersburg, and upon discontinuation of ATI Millersburg’s discharge to any Albany
facility, ATI Millersburg will cease using and return to Albany the full benefit of any waste load
allocations made available by Albany to ATI Millersburg as described in Section 6, subject to DEQ
approval. ATI Millersburg shall take all such actions as reasonably requested by Albany to return to
Albany the full benefit of such waste load allocation.
10.3

Termination by ATI Millersburg for Albany breach. Following ATI Millersburg’s

written notice to Albany of any alleged material breach of this Agreement by Albany and the completion
of the applicable dispute resolution process, if Albany is in material breach of this Agreement and
Albany's breach is uncured or continues for more than 30 calendar days thereafter or, for such later
period as may be reasonably necessary to cure such breach, ATI Millersburg shall have the right to
terminate this Agreement without any liability, reimbursement, or damages to Albany. Prior to exercising
this right to terminate, ATI Millersburg must give Albany 30 calendar days written notice setting forth
the nature of the breach and the actions necessary to correct the breach. In such an event, this Agreement,
as it may then exist, or as it may be subsequently modified, shall remain in effect until the date specified
in the notice. Until the date the termination is effective, ATI Millersburg may withdraw the notice of
termination. In the event ATI Millersburg terminates this Agreement based on a continuing or uncured
material breach thereof by Albany, and upon discontinuation of ATI Millersburg’s discharge to any
Albany facility, Albany will cease using and return to ATI Millersburg the full benefit of any waste load
allocations made available by ATI Millersburg to Albany as described in Section 6, subject to DEQ
approval. Albany shall take all such actions as reasonably requested by ATI Millersburg to return to ATI
Millersburg the full benefit of such waste load allocation.
10.4

Return of Property. Upon termination of this Agreement, Albany shall reconvey to ATI

Millersburg all of its rights, title, and interest in those portions of pump stations, pipelines, and other
equipment, fixtures, and improvements located on real property for which ATI Millersburg holds a fee
interest.
10.5

Conservation Easement Property. Following termination of this Agreement, ATI

Millersburg may operate, maintain, replace, or modify wastewater treatment systems and facilities on the
property subject to the Conservation Easement and may construct, operate, and maintain other wastewater
treatment systems and facilities on the property subject to the Conservation Easement to the extent
consistent with the terms of the Conservation Easement.
10.6

Survival. Obligations for payment (for service through the date of termination), dispute

resolution, indemnity, and continuing discharge under Sections 4, 8, 9, and 10 shall survive termination of
this Agreement with respect to claims based on acts or omissions that occurred while the Agreement was

10

33

Item 1.
in effect.

11.

Mutual Cooperation.

In entering this Agreement, the Parties intend to create efficiencies in the management of treated
wastewater, or effluent, for the benefit of all Parties. The Parties anticipate opportunities will arise in the
future to create additional efficiencies in wastewater management through further cooperative efforts. For
example, there may be opportunities to reduce heat load in ATI Millersburg's effluent and to do so at a
cost that is less than the cost of reducing heat load within Albany's system. The Parties agree to cooperate
in good faith in identifying and developing such opportunities and in negotiating fair and equitable terms
for implementing such efficiencies.

12.

General Provisions.

12.1

Amendments. Except as expressly provided in this Agreement, no amendment or

modification of this Agreement shall be effective unless made in writing and executed by all Parties.
12.2

Sole Agreement. This Agreement is the sole Agreement between Albany and ATI

Millersburg with respect to the matters expressly addressed herein pertaining to allocation of
responsibilities among the Parties under the Albany NPDES Permit and ATI Millersburg NPDES Permit,
and it shall take precedence on such matters over any other Agreements, written or oral. Notwithstanding
the foregoing, however, this Agreement is not intended to and shall not diminish any Party’s obligation to
comply with its respective NPDES Permit or any other local, state, and federal rules and regulations.
12.3

No Third-Party Beneficiaries. This Agreement is not intended to create rights in, or to

grant remedies to, any third Party as a beneficiary of this Agreement or of any duty, obligation, or
undertaking established herein.
12.4

Severability. If one or more clauses, sections, or provisions of this Agreement are held to

be unlawful, invalid, or unenforceable by any court with jurisdiction, the remainder of this Agreement
shall not be affected thereby.
12.5

Governing Law; Forum Selection. Unless preempted by federal law, this Agreement is to

be read and construed in accordance with the laws of the State or Oregon. The Parties agree that venue for
any suit or action under this Agreement shall be in Linn County Circuit Court for the State of Oregon.
12.6

Counterparts. This Agreement may be executed in any number of separate counterparts,

each of which when so executed shall be deemed to be an original and all of which, taken together, shall
constitute one and the same agreement.
12.7

Capacity to Execute. Albany and ATI Millersburg each warrant and represent to one

11

34

Item 1.
another that this Agreement constitutes a legal, valid, and binding obligation of that Party, and the
individuals executing this Agreement personally warrant that they have full authority to execute this
Agreement on behalf of the entity for whom they purport to be acting.
12.8

No Partnership. Nothing in this Agreement shall be construed to create an association,

trust, partnership, joint venture, or agency, or to impose a trust or partnership duty, obligation, or liability
on any Party.
12.9

Notices. All notices required or permitted to be given hereunder shall be deemed to have

been duly given if in writing and (a) delivered personally, (b) mailed, postage-prepaid, by certified mail,
return receipt requested, or (c) electronic mail to the authorized representatives of the Parties at the
addresses below. The Parties may change the address or person to whom such notices are to be directed to
them by giving written notice to the other Parties in the manner provided herein.
For Albany:
Paul Trombino III, PE
Public Works Director
City of Albany
333 Broadalbin Street SW
Albany, OR 97321-2247
[email protected]
With a copy to:
M. Sean Kidd
Delapoer Kidd, PC
260 Ferry Street SW
Suite 202
Albany, OR 97321
[email protected]
For ATI Millersburg:
Trevor Giroux
President
ATI Specialty Alloys and Components, LLC
1600 Old Salem Rd.
Albany, OR 97321
[email protected]
With a copy to:
Vaishali Bhatia
General Counsel
ATI Specialty Alloys and Components, LLC
2021 McKinney Ave., Suite 1100

12

35

Item 1.
Dallas, TX 75201
[email protected]
And a copy to:
Michael Campbell
Partner
Stoel Rives LLP
760 SW Ninth Ave., Suite 3000
Portland, OR 97205
[email protected]
12.10
12.10.1

Transferability.
This Agreement shall not be transferred or assigned by Albany to any other Party

without the written approval of ATI Millersburg. Any attempt by Albany to transfer or assign this
Agreement without first obtaining the written approval of ATI Millersburg shall be void. Albany may
delegate or contract all or any part of its responsibilities under this Agreement to another Party, but no
such delegation or contract shall constitute an assignment of this Agreement or relieve the municipalities
of their obligations under this Agreement.
12.10.2

Upon notice to Albany, ATI Millersburg may transfer or assign all or a portion of

its rights and obligations under this Agreement to any Affiliate or to any person who acquires all or part
of its ATI Millersburg Plant Site. For purposes of this Agreement, the term “Affiliate” means any Party
that directly or indirectly is in control of, is controlled by, or is under common control with ATI
Millersburg. This Agreement shall not otherwise be transferred or assigned by ATI Millersburg without
the written approval of Albany which approval shall not be unreasonably withheld. Any attempt by ATI
Millersburg to transfer or assign this Agreement except as provided in this Section shall be void.
12.11

Further Assurances. Each Party shall take such further actions and execute such

documents as are reasonably requested by the other Party to carry out the purpose of this Agreement.

The undersigned Parties execute this Agreement with the Effective Date of ______________, 2026:

CITY OF ALBANY
By: _____________________________

By:

Attorney for Albany

______________________________________
______________________________________

13

36

Item 1.
Title:

______________________________________

ATI SPECIALTY ALLOYS AND COMPONENTS,
LLC
By: _____________________________

By:

Attorney for ATI Specialty Alloys and
Components, LLC

______________________________________
______________________________________

Title:

______________________________________

14

37

ATI Effluent Pipe

Item 1.

Combined Discharge Pipe
WRF Effluent Pipe

0

250

Date: 10/1/2026

Exhibit A - Discharge Facilities
Map Source: ATI, City of Albany

38

Item 1.

Exhibit B
to the Joint Discharge Agreement
Dispute Resolution Procedures
Disputes shall be resolved as provided in this Exhibit B.
1.
In the event of a dispute between parties arising out of or related to this
Agreement, any party may invoke the procedures specified in this Exhibit by giving written
notice to the other party or parties involved in the dispute. Such written notice will describe
briefly the nature of the dispute and shall identify an individual with authority to settle the
dispute on behalf of that party. The party receiving such notice shall have 10 calendar days
within which to name an individual with authority to settle the dispute on its behalf and to notify
the other party of its designation (the individuals so designated shall be referred to as the
“Authorized Individuals”).
2.
The Authorized Individuals shall make whatever investigation of the matter each
deems appropriate and promptly thereafter, but no later than 30 calendar days from the date of
the original notice under paragraph 1, shall commence direct discussions regarding the
settlement of the dispute. If the dispute is not resolved within 60 calendar days after the date of
the original notice, any party may require by notice to the other party that the matter be
submitted to alternative dispute resolution (“ADR”) in accordance with the following process.
3.
The parties shall submit the dispute to mediation in accordance with the
procedures of a mutually acceptable neutral ADR provider such as the American Arbitration
Association or other organization not affiliated with any party to the dispute or, if the parties
cannot agree, the ADR mediator shall be selected by the presiding judge of Linn County. The
parties shall select through the ADR provider a trained neutral mediator and agree upon a place,
date, and time for the mediation not later than 60 calendar days from the notice of mediation
under paragraph 2 above. The parties agree to participate in good faith in the mediation to its
conclusion, and those participating in the mediation shall share equally the costs of mediation. If
the dispute is of a highly technical nature, the parties may request a co-mediator with the
technical training and experience related to the nature of the dispute.
4.
Each party shall be represented by the Authorized Individual and by counsel (if
desired). In addition, each party may bring additional persons as necessary to respond to
questions or contribute information or technical assistance as needed. The number of such
additional persons shall be coordinated through the ADR provider.
5.
The parties agree to participate in the mediation to its conclusion as designated by
the mediator. If a settlement of the dispute is not reached during the mediation session, the
parties shall continue the negotiation process for up to 30 calendar days after the first mediation
session.
1
39

Item 1.
6.
Each party agrees not to commence a lawsuit regarding the disputed matter before
the earlier of (a) 180 calendar days following the date notice of dispute is given under paragraph
1 above, (b) the deadline for selection of a mediator under paragraph 3 above if the mediator has
not been selected by that date, (c) 30 calendar days after the first mediation session, or (d) the
date the parties determine to terminate the mediation. Notwithstanding the forgoing, any party
may commence litigation on any date after which the commencement of litigation could be
barred by applicable statutes of limitation or in order to request an injunction to prevent
irreparable harm.
7.
The entire ADR process provided for herein is a compromise negotiation for
purposes of the federal rules of evidence and state rules of evidence. The entire process is
confidential. All conduct, statements, promises, offers, views, and opinions, whether written or
oral, made in the course of the ADR by any of the parties, their agents, employees,
representatives, or other invitees to the ADR and by the neutral are confidential and shall, in
addition and where applicable, be deemed attorney work product and privileged. Such conduct,
statements, promises, offers, views, and opinions shall not be discoverable or admissible for any
purpose in any litigation or other proceeding involving the parties. Evidence otherwise
discoverable or admissible is not excluded from discovery or admission as a result of either
party’s use of or participation in the ADR process.

2
40

Item 2.

CITY OF ALBANY, OREGON

albanyoregon.gov

TO:

Albany City Council

VIA:

Peter Troedsson, City Manager

MEMO

FROM:Jeanna Yeager, Finance Director
DATE: November 18, 2026
SUBJECT: Adoption of Investment Policy
Purpose:
Annual adoption of the City's updated Investment Policy.
Background/Discussion:
ORS 294.135 requires annual adoption of investment policies that permit securities with maturities longer than
18 months. Working with Government Portfolio Advisors (GPA), staff reviewed the City's existing Investment
Policy FN-06-08-011 against the Oregon Short Term Fund Board's (OSTFB) November 2025 sample policy.
The revisions clarify investment authority, strengthen risk management and oversight, and improve policy
organization and reporting. They also update the descriptive range of pooled investment balances to $150
million–$200 million, reflecting current balances. The City's investment priorities remain safety, liquidity, and
return, in that order.
GPA has advised that the changes are not material and do not require OSTFB review.
The proposed revisions were presented to Council at the November 16, 2026, work session for review and
discussion. The final version, designated Investment Policy FN-06-08-012, is attached to the proposed
resolution as Exhibit A for formal adoption and will replace Investment Policy FN-06-08-011.
Strategic Plan Impact:
Supports the City's value of Stewardship by safeguarding public funds through responsible investment
decisions, prudent risk management, and transparent oversight.
Budget/Staff Impacts:
No additional appropriation is requested. Finance will administer the updated policy through existing
investment management and reporting processes.
Staff Recommendation:
Staff recommends that Council adopt the resolution approving Investment Policy FN-06-08-012, attached as
Exhibit A, and repealing the prior adopting resolution.

41

ALBANY CITY COUNCIL

Page 2 of 3

Alternatives:
1.
Adopt the resolution approving Investment Policy FN-06-08-012 (recommended).
2.

Direct staff to make further revisions and return for Council consideration.

Attachments:
1.
Resolution Adopting Investment Policy FN-06-08-012, including Exhibit A - Final Investment
Policy

42

Item 2.

ALBANY CITY COUNCIL
[Click in the Header to type meeting date here]

Page 3 of 3

Report Approval Details
Document Title:

Adoption of Investment Policy.docx

Attachments:

Resolution - Investment Policy 2026.docx
2026-09 Albany IP Final.docx

Final Approval Date:

November 03, 2026

This document and all of its attachments were approved and signed as outlined below:
Jeanna Yeager
Erik Glover
Kayla Barber

Peter Troedsson

43

Item 2.

Item 2.

RESOLUTION NO. ________

A RESOLUTION ADOPTING AN INVESTMENT POLICY, AND REPEALING RESOLUTION NO.
7462
WHEREAS, ORS Section 294.135 requires cities to periodically review their written investment
policies; and
WHEREAS, the City Council received an annual report from the City's investment advisor,
Government Portfolio Advisors, on November 16, 2026.
NOW, THEREFORE, BE IT RESOLVED by the Albany City Council that Exhibit A is adopted as
the Investment Policy for the City of Albany; and
BE IT FURTHER.RESOLVED that Resolution No. 7462 is hereby repealed.
DATED AND EFFECTIVE THIS 18TH DAY OF NOVEMBER 2026.

___________________________________
Mayor
ATTEST:

_________________________________________
City Recorder

44

Exhibit A
Investment Policy
Policy # FN-06-08-012
Owner: Finance Deepartment
Effective/Updated: November 18, 2026

Item 2.

Purpose
This policy explains how the City of Albany invests public money safely, responsibly, and in
compliance with Oregon law. It provides clear rules to ensure investments are protected, readily
available when needed, and earn a reasonable return. The policy also defines responsibilities,
approved investments, and reporting standards to maintain public trust and accountability.

Policy
Introduction:
The City of Albany, (hereinafter referred to as "Albany" or "City") was founded in 1848. Albany is
the eleventh largest city in the state of Oregon and is the county seat of Linn County. Albany has
a home rule charter and is a Council-Manager form of government where the full-time appointed
City Manager administers the day-to-day operations and is the chief administrative officer of the
City.
It is the policy of the City of Albany that the administration of its funds and the investment of those
funds shall be handled with the highest public trust. Investments shall be made in a manner that
will assure security of principal. Parameters will be set to limit maturities and increase
diversification of the portfolio while meeting the daily cash flow needs of the City and conforming
to all applicable state and City requirements governing the investment of public funds. The receipt
of a market rate of return will be secondary to safety and liquidity requirements. It is the intent of
the City to be in complete compliance with local, state, and federal law. The earnings from
investments will be used in a manner that best serves the public trust and interests of the City.

Governing Authority:
The City’s investment program shall be operated in conformance with Oregon Revised Statutes
and applicable federal law. Specifically, this investment policy is written in conformance with ORS
294.035; 294.040; 294.052; 294.135; 294.145; and 294.810. All funds within the scope of this
policy are subject to laws established by the state of Oregon. Any revisions or extensions of these
sections of the ORS shall be assumed to be part of this Investment Policy immediately upon being
enacted.

Scope:
This policy applies to activities of the City of Albany with regard to investing the financial assets
of all funds. Funds held by trustees or fiscal agents are excluded from these rules; however, all
funds are subject to regulations established by the state of Oregon.
The City commingles its daily cash into one pooled investment fund for investment purposes of
efficiency and maximum investment opportunity. The average monthly balance of funds invested
in the City's general portfolio and project funds is between $150,000,000 and $200,000,000. The
highest balances occur when taxes are collected.

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The following funds, and any new funds created by the City, unless specifically exempted by the
City Council and this policy, are defined in the City's Comprehensive Annual Financial Report:
•
•
•
•
•
•
•

General Fund
Special Revenue Funds
Debt Service Funds
Capital Projects Funds
Enterprise Funds
Internal Service Funds
Permanent Funds

These funds will be invested in compliance with the provisions of all applicable Oregon Revised
Statutes (ORS). Investments of any tax-exempt borrowing proceeds and any related Debt
Service funds will comply with the arbitrage restrictions in all applicable Internal Revenue Codes.

Objectives and Strategy:
It is the policy of the City that all funds shall be managed and invested with three primary
objectives, listed in the following order of priority:
1. Safety of Principal
• Safety of principal is the foremost objective of the City. Investments of the City shall
be undertaken in a manner that seeks to ensure the preservation of capital in the
overall portfolio.
• Diversification of the portfolio will include diversification by maturity and market sector
and will include the use of multiple broker/dealers for diversification and market
coverage.
2. Liquidity
The City's investment portfolio will remain sufficiently liquid to enable it to meet all operating
requirements that might be reasonably anticipated.
3. Yield-Return
The City's investment portfolio shall be designed with the objective of attaining a market rate
of return throughout budgetary and economic cycles, taking into consideration the safety and
liquidity needs of the portfolio.
Effective cash management is recognized as essential to good fiscal management. Cash
management is defined as the process of managing monies in order to ensure maximum cash
availability. The City shall maintain a comprehensive cash management program that includes
collection of accounts receivable, prudent investment of its available cash, disbursement of
payments in accordance with invoice terms, and the management of banking services.

Investment Philosophy:
1. Investment Strategy

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The primary investment philosophy of the City is to maintain sufficient liquidity to meet
ongoing and anticipated cash flow needs. An understanding of the timing and purpose of
cash flows is central to all investment decisions.
Funds that are not required for immediate or daily operating needs may be invested in a
manner that preserves liquidity while seeking to enhance returns, consistent with the City’s
risk and return objectives. To clearly communicate the intended use, time horizon, and
objectives of invested funds, such monies may be allocated among defined portfolio
components, each reflecting the current purpose of those funds.
2. Selling of Securities
Securities shall generally be held until maturity, with the following exceptions:
a. A security with declining credit below authorized ratings may be sold prior to
maturity to minimize loss of principal.
b. Liquidity needs of the portfolio require that a security be sold prior to maturity.
c. The portfolio duration or maturity buckets should be adjusted to better reflect the
structure of the underlying benchmark portfolio.
d. A security rebalance or swap would improve the quality, yield, or target duration in
the portfolio.

Standards of Care:
1. Delegation of Authority and Responsibilities
a. Governing Body. The City Council will retain ultimate fiduciary responsibility for
invested funds. The governing body will receive reports, pursuant to, and with sufficient
detail to comply with ORS 294.155. The Council is responsible for considering the
quality and capability of investment advisors and consultants involved in investment
management and procedures.
b. Delegation of Authority. Authority to manage investments within the scope of this
policy and operate the investment program in accordance with established written
procedures and internal controls is granted to the Finance Director, hereinafter
referred to as Investment Officer, and derived from the following: ORS 294.035 to
294.053, 294.125 to 294.145, and 294.810. The Finance Director may further delegate
the authority to invest City funds to additional City Finance personnel. All participants
in the investment process shall seek to act responsibly as custodians of the public
trust. No officer or designee may engage in an investment transaction except as
provided under the terms of this policy and supporting procedures.
c. Investment Advisor. The City may enter into contracts with external investment
management firms on a non-discretionary basis.
If an investment advisor is hired, the adviser will serve as a fiduciary for the City and
comply with all requirements of this Investment Policy. Exceptions to the Investment
Policy must be disclosed and agreed upon in writing by both parties. The Investment
Officer remains the person ultimately responsible for the prudent management of the
portfolio.

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d. Staff Designation. The Investment Officer shall designate a staff person as a
liaison/deputy in the event circumstances require timely action and the Investment
Officer is not available.
2. Prudence
The standard of prudence to be used in the investment function shall be the "prudent
person" standard and shall be applied in the context of managing the overall portfolio. The
Investment Officer and those delegated with investment authority under this policy, when
acting in accordance with the written procedures and this policy, and in accord with the
Prudent Person Rule, shall be relieved of personal responsibility and liability in the
management of the portfolio. The “Prudent Person” standard states:
"Investments shall be made with judgment and care, under circumstances then
prevailing, which persons of prudence, discretion, and intelligence exercise in the
management of their own affairs, not for speculation, but for investment, considering
the probable safety of their capital as well as the expected income to be derived.”
3. Ethics and Conflict of Interest
Officers and employees involved in the investment process shall refrain from personal
business activity that could conflict with the proper execution and management of the
investment program, or that could impair their ability to make impartial decisions.
Employees and investment officials shall disclose any material interests in financial
institutions with which they conduct business. They shall further disclose any personal
financial/investment positions that could be related to the performance of the investment
portfolio. Employees, officers, and their families shall refrain from undertaking personal
investment transactions with the same individual with whom business is conducted on
behalf of the City. Officers and employees shall, at all times, comply with the state of
Oregon Government Ethics as set forth in ORS 244.

Authorized Financial Institutions:
1. Broker/Dealer Approval Process
The Investment Officer or designee shall determine which financial institutions,
broker/dealer firms and registered representatives are authorized for the purposes of
investing funds within the scope of this investment policy. A list will be maintained of
approved broker/dealer firms and affiliated registered representatives.
The following minimum criteria must be met prior to authorizing investment transactions.
The Investment Officer or designee may impose more stringent criteria.
a. Broker/Dealer firms must meet the following minimum criteria:
i. Be registered with the Securities and Exchange Commission (SEC);
ii. Be registered with the Financial Industry Regulatory Authority (FINRA).
iii. Provide most recent audited financials.
iv. Provide FINRA Focus Report filings.
b. Approved broker/dealer employees who execute transactions with the City must meet
the following minimum criteria:
i. Be a registered representative with the Financial Industry Regulatory Authority
(FINRA);

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ii. Be licensed by the state of Oregon;
iii. Provide certification (in writing) of having read; understood; and agreed to
comply with the most current version of this investment policy.
c. Factors to consider during the review of all broker/dealers and their respective
authorized registered representatives include:
i.
Pending investigations by securities regulators
ii.
Significant changes in net capital
iii.
Pending customer arbitration cases
iv.
Regulatory enforcement actions
d. If the City hires an investment advisor to provide investment management services,
the Advisor is authorized to transact with its direct dealer relationships on behalf of the
City. A list of approved dealers must be submitted to the investment officer prior to
transacting business. The investment officer can assign the responsibility of
broker/dealer due diligence process to the Advisor, and all licensing information on the
counterparties will be maintained by the Advisor and available upon request.
The advisor broker/dealer review should include:
i. FINRA Certification check
- Firm Profile
- Firm History
- Firm Operations
- Disclosures of Arbitration Awards, Disciplinary and Regulatory Events
- State Registration Verification
ii. Financial review of acceptable FINRA capital requirements or letter of credit for
clearing settlements.
The advisors must provide the City with any changes to the list prior to transacting on
behalf of the City.
2. Investment Advisor
An Investment Advisor may be selected through a competitive RFP process and must meet
the following criteria:
a. The investment advisor firm must be registered with the Securities and Exchange
Commission (SEC) or licensed by the state of Oregon if assets under management
are less than $100 million.
b. All investment advisor firm representatives conducting investment transactions on
behalf of the City must be registered representatives with FINRA.
c. All investment advisor firm representatives conducting investment transactions on
behalf of the City must be licensed by the state of Oregon.
A periodic (at least annual) review of all investment advisors under contract will be conducted
by the Investment Officer to determine their continued eligibility within the portfolio guidelines.
The Investment Advisor must notify the City immediately if any of the following issues arise
while serving under a City contract:
a. Pending investigations by securities regulators.
b. Significant changes in net capital.
c. Pending customer arbitration cases.

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d. Regulatory enforcement actions.
3. Depositories
All financial institutions who desire to become depositories must be qualified Oregon
Depositories pursuant to ORS Chapter 295.
4. Direct Issuers
Obligations that are permitted for purchase by this policy may be purchased directly from the
issuer without being listed as an approved broker/dealer.
5. Competitive Transactions
The Investment Officer will obtain telephone, faxed or emailed quotes before purchasing or
selling an investment. The Investment Officer will select the quote which best satisfies the
investment objectives of the investment portfolio within the parameters of this policy. The
Investment Officer will maintain a written record of each bidding process including the name
and prices offered by each participating financial institution.
In the instance of a security which there is no readily available competitive bid or offering on
the same specific issue, the Investment Officer shall document quotations for comparable or
alternative securities.
The investment advisor must provide documentation of competitive pricing execution on each
transaction. The advisor will retain documentation and provide upon request.

Safekeeping and Custody, Controls:
1. Delivery vs. Payment
All trades of marketable securities will be executed (cleared and settled) on a delivery vs.
payment (DVP) basis to ensure that securities are deposited in the City’s safekeeping
institution prior to the release of funds.
2. Third-Party Safekeeping
All safekeeping arrangements shall be designated by the Investment Officer and an
agreement of the terms executed in writing. The approved broker/dealer or investment
advisor shall provide the City with a confirmation ticket listing the specific instrument,
issuer, coupon, maturity, CUSIP number, purchase or sale price, transaction date, and
other pertinent information. The broker/dealer which executes the transaction on the City's
behalf shall deliver all securities on a delivery versus payment method to the designated
third-party trustee at the direction of the Investment Officer. The City will have online
access through the safekeeping bank for verification of the account holdings and
transactions.
3. Accounting Methods
The City shall comply with all required legal provisions and Generally Accepted
Accounting Principles (GAAP). The accounting principles are those contained in the
pronouncements of authoritative bodies including but not necessarily limited to, the
Governmental Accounting Standards Board (GASB); the American Institute of Certified
Public Accountants (AICPA); and the Financial Accounting Standards Board (FASB).
4. Pooling of Funds

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Except for cash in certain restricted and special funds, the City will consolidate balances
from all funds to maximize investment opportunities. Investment income will be allocated
to the various funds based on their respective participation and in accordance with
Generally Accepted Accounting Principles.
5. Internal Controls
The City will maintain a structure of internal controls sufficient to assure the safekeeping
and security of all investments. All out of compliance situations under this policy will be
corrected and brought into compliance as soon as prudently possible.
The Investment Officer shall develop and maintain written administrative procedures for
the operation of the investment program that are consistent with this investment policy.
Procedures will include reference to safekeeping, wire transfers, banking services
contracts, and other investment-related activities.
The Investment Officer shall be responsible for all transactions undertaken and shall
establish a system of controls to regulate the activities of subordinate officials and staff.
No officer or designee may engage in an investment transaction except as provided under
the terms of this policy and the procedures established by the Investment Officer and
approved by the Council.
6. External Audits
An external auditor shall provide an annual independent review of compliance with
Oregon state law and the City’s policies and procedures. Such audit will include tests
deemed appropriate by the auditor.

Authorized and Suitable Investments;
1. Authorized Investments
All investments of the City shall be made in accordance with Oregon Revised Statutes:
ORS 294.035 (Investment of surplus funds of political subdivisions; approved
investments), ORS 294.040 (Restriction on investments under ORS 294.035), ORS
294.052 (Definitions; investment by municipality of proceeds of bonds), ORS 294.135
(Investment maturity dates), ORS 294.145 (Prohibited conduct for custodial officer), ORS
294.805 to 294.895 (Local Government Investment Pool). Any revisions or extensions of
these sections of the ORS shall be assumed to be part of this Investment Policy
immediately upon being enacted.
2. Suitable Investments
The City will diversify investments across maturities, security types and institutions to
avoid incurring unreasonable risks. Minimum percentages and credit limits apply at the
time of purchase (time of purchase language refers to settlement date).
The City has further defined the eligible types of investments as follows:
U.S. Treasury Obligations: Direct obligations of the United States Treasury whose payment
is guaranteed by the United States.
U.S. Agency Obligations: Federal agency and instrumentalities of the United States or
enterprises sponsored by the United States Government (GSE) and whose payment is

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guaranteed by the United States, the agencies and instrumentalities of the United States or
enterprises sponsored by the United States Government.
Municipal Debt: Lawfully insured debt obligations of the States of Oregon, California, Idaho,
and Washington and political subdivisions of those states if the obligations have a long-term
rating on the settlement date of AA- or better by S&P or Aa3 or better by Moody’s or equivalent
rating by any nationally recognized statistical rating organization, or are rated on the
settlement date in the highest category for short-term municipal debt by a nationally
recognized statistical rating organization.
Corporate Indebtedness: Corporate indebtedness subject to a valid registration statement
on file with the Securities and Exchange Commission or issued under the authority of section
3(a)(2) or 3(a)3 of the Securities Act of 1933, as amended. Corporate indebtedness must be
rated on the settlement date AA- or better by S&P or Aa3 or better by Moody’s or equivalent
rating by any nationally recognized statistical rating organization.
Commercial Paper: Corporate indebtedness subject to a valid registration statement on file
with the Securities and Exchange Commission or issued under the authority of section 3(a)(2)
or 3(a)3 of the Securities Act of 1933, as amended. Commercial Paper must be rated A1 by
Standard and Poor’s or P1 by Moody’s or equivalent rating by any nationally recognized
statistical rating organization.
Issuer constraints for commercial paper combined with
corporate notes will be limited by statute to 5% of market value per issuer.
Bank Time Deposit/Savings Account: Time deposit open accounts or savings accounts in
insured institutions as defined in ORS Section 706.008, in credit unions as defined in ORS
Section 723.006 or in federal credit unions, if the institution or credit union maintains a head
office or a branch in this state.
Certificates of Deposit: Certificates of deposit in insured institutions as defined in ORS
Section 706.008, in credit unions as defined in ORS Section 723.006, or in federal credit
unions, if the institution or credit union maintains a head office or a branch in this state.
Bankers’ Acceptance: A short-term credit investment created by a non-financial firm and
guaranteed by a qualified financial institution* whose short-term letter of credit rating is rated
in the highest category without any refinement or gradation by one or more nationally
recognized statistical rating organizations.
Oregon Intermediate Fund: The Oregon Local Government Intermediate Fund (OLGIF) is a
commingled investment pool for local governments offered by Oregon State Treasury due to
Legislation HB2140 and pursuant to ORS Chapter 294. OLGIF provides qualified local
government participants with a vehicle to invest assets over an intermediate time horizon
(three to five years).
Local Government Investment Pool: State Treasurer’s local short-term investment fund up
to the statutory limit per ORS Section 294.810.
*For the purposes of this paragraph, “qualified financial institution” means: (i) A financial
institution that is located and licensed to do banking business in the State of Oregon; or (ii) A
financial institution that is wholly owned by a financial holding company or a bank holding

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company that owns a financial institution that is located and licensed to do banking business
in the State of Oregon [ORS Section 294.035(3)(h)].
3. Collateralization
Time deposit open accounts, Certificates of Deposit and savings accounts shall be
collateralized through the Public Funds Collateralization Program in accordance with ORS
Section 295.018. All depositories must be on the State of Oregon's qualified list. Additional
collateral requirements may be required if the Investment Officer deems increased
collateral is beneficial to the protection of the monies under the City's management. All
deposits must be properly collateralized according to ORS 295.
4. Approval of Permitted Investments
If additional types of securities are considered for investment, per Oregon state statute
they will not be eligible for investment until this policy has been amended and the amended
version adopted by the City.
5. Prohibited Investments
• Private Placement or “144A” Securities: The City shall not invest in “144A” private
placement securities, this includes commercial paper privately placed under section
4(a)(2) of the Securities Act of 1933.
• Securities Lending: The City shall not lend securities nor directly participate in a
securities lending or reverse repurchase program.
• 14 Day Settlement: The City shall not purchase securities with a delayed settlement
in excess of 14 business days per ORS statute.
• Derivatives or Reverse Repurchase: The purchase of derivatives and use of
reverse repurchase agreements are specifically prohibited by this policy.
• Mortgage-Backed Securities: The City shall not purchase mortgage-backed
securities.
• Equity Securities: The City is not allowed to buy equity securities by statute.
• Prior Default History: The City shall not purchase, per ORS 294.040, any bonds
of issuers listed in ORS 294.035(3)(a) to (c) that have a prior default history.

Investment Parameters:
1. Diversification
The City will diversify the investment portfolio to avoid incurring unreasonable risks, both
credit and interest rate risk, inherent in over investing in specific instruments, individual
financial institutions or maturities.
a. Credit Ratings: Instruments must have a rating from at least one of the following
nationally recognized statistical ratings organizations (NRSRO): Moody’s Investors
Service; Standard & Poor’s; and Fitch Ratings Service as detailed in the table below.
Ratings used to apply the guidelines below should be investment level ratings and
not issuer level ratings.
b. The minimum weighted average credit rating of the portfolio’s rated investments shall
be AA-/Aa3/AA- by Standard & Poor’s, Moody’s Investors Service and Fitch Ratings
respectively.
c. Diversification and Credit Exposure Constraints: The following table limits exposures
among investments permitted by this policy.

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DIVERSIFICATION CONSTRAINTS ON TOTAL HOLDINGS:
LIQUIDITY AND CORE FUNDS
Maximum %
Holdings

Maximum % per
Issuer

Ratings S&P,
Moody's, or
Equivalent
NRSRO

Maximum
Maturity

US Treasury Obligations

100%

None

N/A

5.25 years

US Agency Obligations

100%

35%

N/A

5.25 years

Municipal Bonds (OR, WA, ID, CA)

25%

5%

35%**

5%***

Issue Type

Corporate Notes

AA- / Aa3
Short Term*

5.25 years

AA- / Aa3

5.25 years

A1 / P1

270 days

Commercial Paper
Bank Time Deposits/Savings

20%

10%

Oregon Public
Depository

N/A

Certificates of Deposit

10%

5%

Oregon Public
Depository

5.25 years

Banker’s Acceptance

10%

5%

A1 / P1

180 days

Oregon Intermediate Fund

10%

None

N/A

N/A

Oregon Short Term Fund

Maximum allowed
per ORS 294.810

None

N/A

N/A

**Short Term Ratings: Moody's - P1/MIG1/VMIG1. S&P - A-1/SP-1, Fitch F1
**35% maximum combined corporate and commercial paper per ORS.
***Issuer constraints apply to the combined issues in corporate and commercial paper holdings.

2. Determining a Security’s Rating
A single rating will be determined for each investment by utilizing the highest security level
rating available for the security from Standard and Poor’s, Moody’s Investor Services and
Fitch ratings respectively.
3. Investment Maturity
The City will not directly invest in securities maturing more than 5.25 years from the date
of purchase. Where feasible and prudent, investment maturities should be matched with
expected cash outflows to mitigate risk.
a. The maximum weighted average maturity of the total portfolio shall not exceed 2.5
years. This maximum is established to limit the portfolio to excessive price change
exposure.
b. Liquidity funds will be held in the State Pool or in money market instruments maturing
six months and shorter. The liquidity portfolio shall, at a minimum, represent three
months budgeted outflows.
c. Core funds will be defined as the funds in excess of liquidity requirements. The
investments in this portion of the portfolio will have maturities between 1 day and 5.25
years and will be only invested in high quality and liquid securities.

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Total Portfolio Maturity Constraints:
Maturity Constraints

Minimum % of Total
Portfolio

Under 30 days

10%

Under 1 year

25%

Under 5.25 years

100%

Maturity Constraints

Maximum of Total
Portfolio in Years

Weighted Average Maturity

2.5 years

Security Structure Constraint

Maximum % of Total
Portfolio

Callable Agency Securities

25%

Reserve or Capital Improvement Project monies may be invested in securities exceeding
5.25 years if the maturities of such investments are made to coincide as nearly as
practicable with the expected use of the funds

Investing Bond Proceeds:
Investments of bond proceeds are restricted further and will not include corporate bonds in the
dedicated bond proceed portfolio. All other allowable investments, including US Treasury, US
Agency and Commercial Paper may be utilized. The investments will be made in a manner to
match cash flow expectations based on managed disbursement schedules.
Liquidity for bond proceeds will be managed through the OSTF Pool or Bank deposit balances.
Funds from bond proceeds and amounts held in a bond payment reserve or proceeds fund may
be invested pursuant to ORS 294.052. Investments of bond proceeds are typically not invested
for resale and maturity matched with expected outflows.
Information will be maintained for arbitrage rebate calculations.

Long-Term and Capital Investments:
Pursuant to ORS 294.135(1)(b), reserve or capital Improvement project monies may be invested
in securities exceeding 5.25 years when the funds in question are being accumulated for an
anticipated use that will occur more than 18 months after the funds are invested, then, upon the
approval of the governing body of the county, municipality, school district or other political
subdivision, the maturity of the investment or investments made with the funds may occur when
the funds are expected to be used.

Compliance and Performance Evaluation:
1. Compliance Report
A compliance report shall be maintained quarterly to document the portfolio versus the
investment policy.

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2. Compliance Measurement and Adherence
a. Compliance Measurement: Guideline measurements will use market value of
investments.
b. Compliance Procedures: If the portfolio falls outside of compliance with adopted
investment policy guidelines or is being managed inconsistently with this policy, the
Investment Officer shall bring the portfolio back into compliance in a prudent manner
and as soon as prudently feasible.
c. Violations of portfolio guidelines as a result of transactions; actions to bring the
portfolio back into compliance and; reasoning for actions taken to bring the portfolio
back into compliance shall be documented and reported to the City Council.
d. Due to fluctuations in the aggregate surplus funds balance, maximum or minimum
percentages for a particular issuer, investment type, or maturity constraint may be
surpassed at a point in time. Securities need not be liquidated to realign the portfolio;
however, consideration should be given to this matter when future purchases are
made to ensure that appropriate diversification is maintained.
e. As determined on any date that the security is held within the portfolio. If the credit
rating of a security is subsequently downgraded below the minimum rating level for a
new investment of that security, the Investment Officer shall evaluate the downgrade
on a case-by-case basis in order to determine if the security should be held or sold.
The Investment Officer will apply the general objectives of Safety, Liquidity, Yield, and
Legality to make the decision. If the City has hired the services of an Investment
Advisor, the Investment Officer will act on the recommendation of the Advisor.
3. Performance Measurement
a. The liquidity portfolio yields will be compared to the OST Pool rates.
b. The core portfolio will be invested into a predetermined structure that will be measured
against a selected benchmark portfolio. The structure will be based upon a chosen
minimum and maximum effective duration and will have the objective to achieve
market rates of returns over long investment horizons. The purpose of the benchmark
is to appropriately manage the risk in the portfolio given interest rate cycles. The core
portfolio is expected to provide similar returns to the benchmark over interest rate
cycles but may underperform or outperform in certain periods. The portfolio will be
positioned to first protect principal and then achieve market rates of return. The
benchmark used will be a 0-3 year or 0-5 year standard market index and comparisons
will be calculated monthly and reported quarterly.
c. When comparing the performance of the City's portfolio, all fees and expenses
involved with managing the portfolio shall be included in the computation of the
portfolio's rate of return. This would include any in-house management of the funds,
as well as outside management.
d. Mark to market pricing will be calculated monthly and be provided in a monthly report.

Reporting Requirements:
The Investment Officer shall submit quarterly and annual reports that allow the City Council to
ascertain whether the investment activities during the reporting period have conformed to the
investment policy. More frequent reports may be provided when market conditions merit or if
requested by the governing board.
Minimum quarterly reporting requirements for total portfolio:
• Earnings Yield

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•
•
•
•

Page 13 of 14

Holdings Report (including mark to market)
Transactions Report
Weighted Average Maturity or Duration
Compliance Report

Policy Adoption:
This Investment Policy must be formally approved by the Albany City Council. It will be reviewed
annually and updated as needed. Major revisions must also be reviewed by the Oregon ShortTerm Fund Board as required by Oregon law.
Any investment held prior to the adoption of this policy shall be exempted from the requirements
of this policy. At maturity or liquidation, such monies shall be reinvested as provided by this policy.

Applies To:
This policy applies to all City employees and officials who manage or report the City’s investments,
including the Finance Director, Finance staff, and any investment advisors under contract.

Definitions:
Investment Officer: The Finance Director or designee responsible for managing City investments.
Prudent Person Rule: A standard that requires careful, sensible, and well-informed decisionmaking when managing money.
ORS: Oregon Revised Statutes, which govern the investment of public funds.
LGIP: Oregon’s Local Government Investment Pool, managed by the State Treasurer.
OLGIF: Oregon Local Government Intermediate Fund, a medium-term investment pool managed
by the State Treasury.
PFCP: Public Funds Collateralization Program, which protects public deposits above FDIC limits.

References:
• ORS 294.035–294.895 (Investment of Public Funds)
• ORS 295 (Public Funds Collateralization Program)
• ORS 244 (Oregon Government Ethics Law)
• Governmental Accounting Standards Board (GASB)
• City of Albany Annual Comprehensive Financial Report

This policy supersedes all previous correspondence on this subject.
Managing Department Approval:
Signature:

Date:

City Manager Approval:
Signature:

Date:

57

Item 2.

Investment Policy
Policy #: FN-06-08-012

Legal approval as to form:
Signature:

Page 14 of 14

Date:

Council approval:
Resolution #

Date:

58

Item 2.

Item 3.

CITY OF ALBANY, OREGON

albanyoregon.gov

TO:

Albany City Council

VIA:

Peter Troedsson, City Manager

FROM:

Sean Kidd, City Attorney

MEMO

DATE: November 18, 2026
SUBJECT:
Report on draft ALPR license plate reader camera ordinance
Purpose:
To provide the City Council with a draft ordinance pertaining to ALPR camera signage and
notification in the City of Albany
Background/Discussion:
On August 26, 2026, the City Council heard a report and legal analysis on requiring mandatory
signage for all automated license plate reader cameras in use within the City of Albany. After
discussion, the City Council moved to have the City Attorney prepare a draft ordinance and
return it for City Council discussion.
[Provide greater detail relevant for the council to make a decision.]
Staff has prepared the attached ordinance for City Council review and discussion. Following
City Council discussion, Staff will return the ordinance for adoption at a future meeting.
Staff Recommendation:
There is no staff recommendation as this is an informational discussion item as this time.
Attachments:
1.

Draft ALPR ordinance

59

Page 2 of 2

ALBANY CITY COUNCIL

Report Approval Details
Document Title:

Draft ALPR ordinance memo.docx

Attachments:

Draft LPR ordinance final.docx

Final Approval Date:

November 09, 2026

This document and all of its attachments were approved and signed as outlined below:
Erik Glover
Sean Kidd
Kayla Barber
No Signature - Task assigned to Peter Troedsson was completed by Delegate
Kayla Barber
Peter Troedsson

60

Item 3.

Item 3.
ORDINANCE NO. _____
AN ORDINANCE AMENDING ALBANY MUNICIPAL CODE (AMC) TITLE ____ AND
ADDING CHAPTER __________TO REQUIRE COMMERCIAL RETAIL
ESTABLISHMENTS UTILIZING AUTOMATED LICENSE PLATE READER (ALPR)
TECHNOLOGY IN PARKING FACILITIES TO POST CONSPICUOUS PUBLIC NOTICE
SIGNS; PROVIDING FOR DEFINITIONS, STANDARDS, ENFORCEMENT, AND
PENALTIES.
WHEREAS, the use of Automated License Plate Reader (ALPR) technology by private
commercial entities is increasing within the City of Albany; and
WHEREAS, The City Council finds that use of clear and conspicuous notice of ALPR use
promotes public awareness of the collection of vehicle-related information at commercial
facilities.
NOW, THEREFORE, THE PEOPLE OF THE CITY OF ALBANY DO ORDAIN AS
FOLLOWS:
SECTION 1: Definitions
As used in this Ordinance, the following terms shall have the meanings ascribed to them:
• "Automated License Plate Reader" or "ALPR" means any system consisting of one or
more mobile or fixed high-speed cameras combined with computer algorithms to convert
images of license plates into computer-readable data.
• "Commercial Retail Establishment" means any business entity engaged in the sale of
goods or services directly to consumers, including but not limited to grocery stores,
shopping centers, big-box retailers, and department stores.
• "Parking Facility" means any parking lot, garage, deck, or structure owned, leased, or
operated by a Commercial Retail Establishment for use by customers or visitors.
SECTION 2: Mandatory Disclosure and Signage Requirements
Any Commercial Retail Establishment that utilizes ALPR technology within its Parking Facility
shall post clear, conspicuous, and legible signs notifying the public of such use.
• Placement: Signs must be permanently mounted at all vehicular entrances to the Parking
Facility. If a facility has no defined vehicular entrance, signs must be posted prominently
at all primary pedestrian entrances to the retail building.
• Visibility: Signs must be unobstructed by landscaping, structures, or other signage, and
must be clearly visible to drivers entering the facility during all operating hours.
• Text Specifications: The sign must use contrasting colors (e.g., black text on a white or
yellow background) with lettering at least two (2) inches in height.

61

Item a.
SECTION 3: Required Content of Signage
The signage required under Section 2 must contain the following factual text, or substantially
similar language:
NOTICE: AUTOMATED LICENSE PLATE READERS (LPR) IN USE.
Vehicle license plates entering this facility are being photographed and recorded.
Data collected may be shared with law enforcement or private entities pursuant to Oregon
law.
SECTION 4: Exemptions
The requirements of this Ordinance shall not apply to:
• Parking facilities operated exclusively by law enforcement agencies.
• Residential parking structures or private driveways.
• Temporary law enforcement operations conducted in accordance with state law.
SECTION 5: Enforcement and Penalties
•
•
•

Civil Infraction: A violation of any provision of this Ordinance shall constitute a civil
infraction.
Warning: For a first violation, the City shall issue a written warning giving the
establishment fifteen (15) business days to comply.
Fines: If compliance is not achieved within fifteen (15) business days of the warning, a
fine of $100.00 shall be imposed on the establishment. Each day the violation continues
after the initial compliance window shall constitute a separate offense, subject to an
additional fine of $50.00 per day, up to a maximum of $2,000.00 per calendar year.

SECTION 6: Severability
If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to
be unconstitutional or invalid, such decision shall not affect the validity of the remaining
portions of this Ordinance.
SECTION 7: Effective Date
This Ordinance shall take effect and be in full force thirty (30) days after its passage.
Commercial Retail Establishments shall have an additional one hundred twenty (120) days from
the effective date to install conforming signage.

62

Item a.
Passed by the Council:

Approved by the Mayor: ________________

Effective Date: ________________________

____________________________________
Mayor

ATTEST:

__________________________________________
City Recorder

63