Loading...
HomeMy WebLinkAboutAgreement APPLICANT 5/9/2013 • • Contract # POT INTERGOVERNMENTAL AGREEMENT FOR GLENWOOD REFINEMENT PLAN AREA UTILITY SERVICES This Agreement entered into by and between the City of Springfield, a municipal corporation of the State of Oregon, hereinafter referred to as CITY and the City of Springfield acting by through the Springfield Utility Board hereinafter referred to as SUB, a municipal corporation of the State of Oregon. • This Agreement specifies the coordinated obligations of the City and SUB regarding certain provisions for utility infrastructure in the Glenwood Refinement Plan and the Springfield Development Code as adopted in 2012 and a path for mutually agreed future modifications. RECITALS WHEREAS, ORS 190.010 provides that units of local government may enter into agreements for the performance of any and all functions and activities that a party to the agreements, its officers or agents have authority to perform, and WHEREAS, City staff are in the process of presenting amendments to the Glenwood Refinement Plan and the Springfield Development Code to the City Council for potential adoption: and WHEREAS, the proposed amendments will constitute Phase I of an update to the Glenwood Refinement Plan, primarily affecting the portions of Glenwood adjacent to the Willamette River and will be followed by Phase II amendments which will primarily affect the interior of Glenwood, and WHEREAS, the City and SUB wish to establish procedures for assunng collaboration with respect to Phase I amendments, recognizing that further agreements may be required in the future depending on the precise nature of any proposed Phase II amendments, and WHEREAS, the Glenwood Refinement Plan contains objectives, policies and implementation strategies and the Springfield Development Code's Glenwood Riverfront Mixed-Use Plan District establishes public and private development and building design standards regarding the general placement and impact of electrical and water facilities on the visual environment that are applicable to new development and redevelopment in Glenwood. but not the design, management or operation of the facilities, and, bath Received: plaeft'tbr: K - t Al4cLGGtin at - t A k titwocd R P a U • • . WHEREAS, the Glenwood Refinement Plan Public Facilities and Services Chapter and the Springfield Development Code, Sections 4.3-125 and 3.4- 270F 4.b.iii discuss the undergrounding of certain utility services, and, WHEREAS, The City of Springfield's Charter ('the Charter') provides that the • City and SUB have certain powers: and WHEREAS, The Charter provides that "the Utility Board (SUB) shall operate, maintain, supervise and control, for and on behalf of the City of Springfield, Oregon, all electric, water and gas properties, or any of them, which are now or which may hereafter be owned and operated by the City of Springfield, Oregon. Sewerage and sewage disposal property shall be operated, maintained, supervised and controlled by the Council and under its Jurisdiction through the City Manager. The Utility Board (SUB) may build, install, construct, develop, acquire by purchase or by condemnation/eminent domain operate, maintain. manage, supervise, control, finance, improve and extend one or more cable communications systems." (Charter Section 36): and, WHEREAS, SUB has existing overhead and underground utility infrastructure in Glenwood that can serve a variety of new developments; and. WHEREAS, SUB has an interest in orderly planning and installation of SUB utility infrastructure and seeks to avoid piecemeal undergrounding or an individual approach to responding to service requests where service would otherwise be more effectively served with overhead facilities and, WHEREAS, the City has stated that the City's vision of redevelopment in Glenwood will be generated by larger scale development and not individual services, and, WHEREAS, The Charter states that SUB shall have power to exercise the regulatory powers granted to cities and towns in Oregon by ORS 221.420, by Ordinance or contract and in the event such powers are exercised by Ordinance, such action shall be exercised in the same manner and subject to the same conditions as if it were exercised by the Common Council of the City of Springfield, Oregon (Charter Section 44); and, WHEREAS, The Charter states that "SUB may adopt such rules, regulations and procedures not inconsistent with the provisions of this Charter that it may deem necessary in the acquisition, operation and management of utility properties under its jurisdiction or for carrying on its business as a Utility Board' (Charter Section 45). and. Date Received: 5'9-13 Planner: K__ • WHEREAS, SUB has objectives related'to the impact of the implementation of the Glenwood Refinement Plan on utility services, including, but not limited to, system planning, operational impacts, and reliability, and, WHEREAS, SUB and the City have agreed to enter into this Agreement to provide certainty to SUB and the City regarding certain elements associated with the implementation of the Glenwood Refinement Plan. NOW THEREFORE THE CITY and SUB AGREE AS FOLLOWS; A. Definitions 1 ) Electric Transmission. High Impact electric facilities, transmission lines rated above 69 kV, owned by SUB 2) Electric Distribution. Low Impact electric facilities, distribution lines rated below 69 kV, owned by SUB and intended to provide distribution of power to a number of customers in a geographic area, 3) Backbone feeder, the main feeder onginating at a substation that serves smaller lateral line and backs up to another main feeder. 4) SUB Water System. SUB operated water facilities. 5) Ground Mounted Facilities: Water, Electnc, and cable communication facilities owned by SUB and connected between Electric Distribution or SUB's Water System. SUB's cable communication system and Customer Facilities located on the surface or below the surface of the ground or within a structure. This includes, but is not limited to, transformers, meters. switchgear, and backflow preventers These facilities are considered to be part of the underground facilities system and are not overhead facilities 6) SUB Facilities- Electric Transmission, Electric Distribution, Ground Mounted Facilities, SUB Water System. and SUB cable communication infrastructure 7) Customer Facilities. Customer owned electric, water, telecommunication facilities on the end-user side of SUB's electnc meter, water meter, or cable communication demarcation point. 8) Third Party Facilities: Facilities owned by third parties. 9) Demarcation Point: Unless agreed in writing by SUB, the demarcation point is where SUB's responsibilities for electric, water, and/or cable communication services end, and a customer's responsibilities for Customer Facilities for electric, water. and/or cable communication services begin, shall be the customer side of SUB's meter or specified cable communication demarcation point. 10)Development or Redevelopment: development or redevelopment of a property or properties within the Glenwood Refinement Plan 11)Low Impact: Low impact facilities as defined under Public Utility Facility 12)High Impact: High impact facilities as defined under Public Utility Facility 13)Public Utility Facility. Public Utility Facility shall have the meaning as defined below: Date Received: • "q-13 Planner. K • 'Structures. facilities, and equipment necessary to serve development by a government, public utility, utility cooperative, or private company, a Low Impact: cable communication lines, poles, junction boxes, exchanges, and repeater stations, electric power distribution lines (less than 69kV) and poles, gas distribution pipe lines, water pipe lines, valves, well fields, pump stations and attendant facilities; water reservoirs and water storage tanks less than 300,000 gallons or 30 feet in height, and water treatment facilities, including filtration plants, less than 2 5 million gallon capacity per day. b High Impact: Electric power transmission lines (greater than 69kV), poles and substations, gas pipe line valve stations: water reservoirs and water storage tanks greater than 300,000 gallons or 30 feet in height, water treatment facilities, including filtration plants greater than 2 5 million gallon capacity per day. B. Term The Term of this Agreement shall be from the date of execution through December 31, 2018 or the subsequent adoption of an amendment to the Glenwood Refinement Plan or to the Public Facilities and Services Plan affecting Glenwood, whichever comes first At such time, or any time thereafter, the Agreement shall continue to be in effect unless and until either party provides six months notice of intent to terminate the Agreement If either part provides such notice, then the parties shall meet and confer in an effort to agree to a successor agreement C. Use of Diagrams and Exhibits Diagrams and Exhibits used in this Agreement are used for planning and operational purposes SUB and the City agree that it is in the mutual interest to require that these remain substantially fixed for the duration of the Agreement. Either party may propose to add, modify, or delete a diagram or exhibit and any such change shall be incorporated into this Agreement upon written agreement between the City's City Manager and SUB's General Manager D. Applicable Electric Standards and Requirements SUB shall solely be responsible for implementing regulations and industry standards for SUB Facilities associated with the American National Standard Institute (ANSI), National Electric Safety Code (NESC). Oregon Administrative Rules (OAR). Oregon Occupational Safety and Health Division (OSHA), Institute of Electnc and Electronics Engineers, Inc (IEEE), Public Utility Commission (PUC). Federal Energy Regulatory Commission (FERC), North American Electric Reliability Corporation (NERC), Western Electric Date Received: — q l3 Planner K i-- a Coordinating Council (WECC), SUB policies and standards, or other regulatory requirements or industry practices. E. Planning Coordination The layout of SUB Facilities will be predicated on the attached street layout provided by the City (Exhibit 1) SUB water and electric divisions will meet with City Public Works and/or Planning staff at least once in a calendar year or as needed to get an update on the status on development in the Glenwood Refinement Plan and review plans for infrastructure. F. SUB Access to SUB Facilities SUB requires utility vehicle access and equipment access to all of SUB Facilities for maintenance and construction, SUB requires utility vehicle access and equipment access to all SUB facilities for maintenance and construction 24 hours a day Examples include passenger vehicles, line trucks and cranes. This access must be sufficient for installation, inspection. operation, maintenance and replacement of SUB facilities. G. New SUB Facilities The purpose of this Section is to address Springfield Development Code Sections 4.3-120 and 4 3-125 as of the date this Agreement is signed and how this language shall be applied in the Glenwood refinement plan area for SUB Facilities. 4 3-120 Utility Provider Coordination A All utility providers shall be responsible for coordinating utility installations with the City and the developer through the Development Review Committee or by separate written correspondence. B. The developer shall be responsible for the design, installation and cost of utility lines and facilities to the satisfaction of the utility provider. • For new facilities. SUB will comply with the provisions of Spnngfield Development Code 4.3-125 "Underground Placement of Utilities" which states, in part. that "whenever possible, all utility lines shall be placed underground ."and Section and 3 4-270F.4.b.iii. Once any new SUB facilities are installed under this Section, they shall become "New Existing SUB Facilities" for purposes of implerrienting Section H of this Agreement. Date Received: 5_g"13 Planner: K L- • • H. Pre-Existing SUB Facilities and New Existing SUB Facilities The purpose of this Section is to address the treatment of existing SUB Facilities and New Existing SUB Facilities. Nothing in this Section limits SUB in its ability to underground facilities at SUB's discretion and at SUB's cost 1) Treatment of Pre-Existing SUB Facilities SUB may modify SUB Facilities to include additional structures, reconductonng, SUB cable communications lines, or other modifications deemed necessary by SUB for reliability of overhead SUB Facilities. These modifications, as well as other pre-existing SUB Facilities are addressed under Section H, Subsections la, 1b, or 1c. a Developer or City Overhead Conversion Request With the exception of Electric Transmission and structures deemed necessary by SUB to integrate overhead river crossings, when the City or a developer requests that existing overhead SUB Facilities not in the right of way and not involved in an new development be placed underground. SUB may relocate such facilities underground at either the City or the developer's expense Once installed, these SUB Facilities become New Existing SUB Facilities and are treated under Section H. Subsection 2. b. Street Widening During the relocation of overhead SUB Facilities for a street widening project, SUB may relocate these facilities as overhead or underground SUB Facilities unless, the City requests that such facilities be located underground. In that event, the City and SUB shall meet and confer with the respect to timing of such relocation and of apportionment of the cost of such relocation, to the extent such cost exceeds the cost of overhead relocation. Once installed. SUB Facilities associated with a street widening project become New Existing SUB Facilities and are treated under Section H, Subsection 2 c Developer or City Relocation Request for Non-Overhead Facilities The City or a developer, at either the City's or developer's expense consistent with SUB's Board Policies, may request relocation of existing SUB Facilities that are not overhead facilities. Once installed, these SUB Facilities become New Existing SUB Facilities and are treated under Section H. Subsection 2 2) Treatment of New Existing SUB Facilities beta "�3--- 6 Planner: K� • a, Developer or City Request The City or the developer may request that New Existing SUB Facilities located in pnvate or public right of way be relocated, at either the City's or developer's expense consistent with SUB's Board Policies. • b. Public Right of Way Modification Because New Existing SUB Facilities were installed by SUB to avoid future modification based upon approved development plans the street layout provided by the City (Exhibit 1), relocation of New Existing Facilities due to a significant modification of right of way, including alleys, shall be at the City's or the developer's expense as calculated by SUB, The entity requesting the change is the responsible party for the expense. Nothing in this Section limits SUB in its ability to relocate New Existing SUB Facilities at SUB's discretion and at SUB's cost I. Existing River Crossings and Electric Transmission SUB provides electnc and water service through facilities that cross the Willamette River This includes overhead Electnc Transmission and Electric Distribution facilities. SUB has overhead Electric Transmission in the Glenwood Refinement Plan area. SUB is not required to modify those facilities that cross the Willamette River The City may request. at the City's expense, that SUB relocate the Electric Distribution lines that cross the Willamette River J. Emergency and Temporary Installations Emergency and temporary installations of SUB Facilities may be installed as overhead SUB Facilities for a maximum of 30 days K. Other Existing SUB Facilities and Third Party Facilities Unless specified under this Agreement, this Agreement does not require SUB to modify existing SUB Facilities nor create any obligation on behalf of SUB for Third Party Facilities L, Demarcation Point Electric service provided by SUB is subject to SUB's policies SUB shall have sole discretion on where the Demarcation Point is for any extension or modification of utility service M. Ground Mounted Facilities or other SUB Facilities Date Received:. 5 9-/3 Planner. KL • • Exterior transformers, switchgear, flow preventers, and utility pads when placed above ground, as determined by SUB, shall be screened and shall be located to mitigate visual impact and screened with either landscaping or enclosure that blends in with the proposed building design; landscaping or both as specified in the Springfield Development Code. When installed as part of the development, the developer will be responsible for the screening the equipment with compliance to SUB's specifications for operating clearances between the equipment and the screening enclosure. When the equipment is not installed as part of the development, SUB will be.responsible for the screening. The Springfield Development Code will allow transformers, switchgear. or other Ground Mounted Facilities to be outside and above ground. For buildings, including those having zero setbacks, the Springfield Development Code will allow similar locations, such as those provided for garbage dumpsters or in an alcove of the building, of sufficient dimension to accommodate SUB Facilities and associated public/private easements for those locations, as determined by SUB. SUB shall allow a transformer in a building at the developer's request and expense For transformers within a building, the developer shall provide a transformer room, pnvate easement, and other conditions of service to SUB's specifications. SUB Ground Mounted Facilities that are normally located above ground in areas outside the Glenwood Refinement Plan area, will be located above ground in a landscaped area If Ground Mounted Facilities cannot be located in a landscaped area, then a room in a building or a building alcove is acceptable to SUB's specifications If it is not possible to install a Ground Mounted Facilities in either a landscaped area, a room in a building, or a building alcove, SUB may install the Ground Mounted Facilities in a vault. N. Substation SUB will work with the City on a suitable location for an above-ground electnc substation. SUB shall not be required to have a substation within a building SUB is not required to exercise its nghts of eminent domain to secure any property required for a substation, provided, however, that any cost of property acquisition in excess of the appraised value of the property shall be paid by SUB if they elect not to exercise eminent domain 0. Metro Plan or Refinement Plan Amendments Necessary For Utility Infrastructure SUB water and electric divisions will meet with City Public Works and/or Planning staff to coordinate necessary modifications to the Metro Plan to Date Received: 54-13 Planner: KL• 411 4111 reflect utility facilities. The City shall be responsible for implementing any modifications with the Metro Plan or other statewide or regional plan necessary to indicate existing or planned SUB Facilities P. Glenwood Water District City and SUB shall consult and keep the Glenwood water district informed regarding planning efforts within Glenwood 0. General Provisions 1 The City and SUB are the only parties to this Agreement and are the only parties entitled to enforce its terms. Nothing in this Agreement gives, is intended to give, or shall be construed to give or provide any • benefit or right, whether directly, indirectly or otherwise, to other parties unless such other parties are individually identified by name herein and expressly described as intended beneficiaries of the terms of this Agreement 2. The City and SUB agree that if any term or provision of this Agreement is declared by a court of competent jurisdiction to be illegal or in conflict with any law, the validity of the remaining terms and provisions shall not be affected, and the rights and obligations of the City and SUB shall be construed and enforced as if the Agreement did not contain the particular term or provisions held to be invalid 3. Except as otherwise expressly provided in this Agreement, any communication between the City and SUB hereto or notices to be given hereunder shall be given in writing by personal delivery, facsimile, or mailing the same, postage prepaid to the City or SUB at the address or number set forth on the signature page of this Agreement or to such other addresses or numbers as the City or SUB may hereafter indicate pursuant to this Section Any communication or notice so addressed and mailed shall be deemed to be given five (5) days after mailing. Any communication or notice delivered by facsimile shall be deemed given when receipt of the transmission is generated by the transmitting machine. Any communication or notice by personal delivery shall be deemed to be given when actually delivered. 4. This Agreement constitutes the entire Agreement between the City and SUB on the subject matter hereof. No waiver, consent, modification or change of terms of this Agreement shall bind the City or SUB unless in writing and signed by both the City and SUB Such waiver, consent, modification or change, if made shall be effective only in the specific instance and for the specific purpose given. There are no Date Received: 5413 Planner: KL 9 • • understandings, agreements or representations, oral or written, not specified herein regarding this Agreement. 5 At the time of any amendment to the Glenwood Refinement plan, or to that portion of the Public Facilities and Services Plan dealing with electrical facilities, either party may request that the City and SUB meet and confer with respect to any potential changes to the Agreement Any such changes shall only be made by mutual agreement of the City and SUB.. 6 In the event there is a disagreement between the City and SUB with respect to any of the terms of this agreement, then representatives of the City and SUB shall meet and confer in a good faith effort to resolve • such disagreement If such efforts are unsuccessful, the City and SUB may. by mutual consent engage the services of a private mediator or of the University of Oregon Appropriate Dispute Resolution Center in an effort to resolve the disagreement. In the event an external party is engaged to assist in resolving any disagreement the costs associated with that external party shall be shared by the City and SUB CITY s `-P'11.FIELD BY' is DATE ADDRESS ZZS S SfYeef- 5prIn11SieLd,DK gi1rfl7 • SPRINGFIELD UTILITY BOARD BY �1 • Date Received: 5+13+"�3 DATE ;c�l�•1/% Planner: !(L ADDRESS ZrO .A .`,Irw - ThP A'n :o. n i oR 77'f? ,i Eb' E4",E1- C L;,'LL• AS TC (5,114/1/-1-/.c*-- GATE cif l s-/L2 Er _ ' 10 . „ , ...,,.— - to; 1. as A i i -,, - - 4.,/. ~ b---- - ---,lin* c,,,,,,, - , • at' . z --: i n-N, - ;‘• -..,„, a) , -g r2 : :. e , --,-,. - ,:, , ..... . ,,,,, _.,.....,..,.. 7, ■ , ft. - ..g. a. a4 - 3 AY kiA1)100 tin,-----f -F-2. rzi , •a, - -41' „.., . :7: ` leinroanst+ter:r".2,r-f , -- i 1.- .• asiiittit• .• _-**•,740"11.41* Il I t I 1 ‘ P ----- - -Art -t t.:••ttti 1, s , , . , . z'... i • «, .P a a,-.--..-ri aki,hts.ss4iri .,__..1 ,-- Co ' 7,,2.F0. \ paimirt,i.e!..riesof . -, s, -.11--- F t, ,17-: .' u . - . a., .... : -Eat ,II: 1.....f 1-.. ft„, i -.1 . 1 ., , a c tt, : "- -gt ■ - sii - - s li. ii 11 -11 tr't 0 - -.....: 17.:4 - 1 Y. -; — 0 a'a , . .-r- . "gr.' -,-, --..---1 vl ... , .14..i.../.‘; ::. ,- ', - r_tam, 0 Am.?! .,- thi_ ,,,' ,. -1 r - P...U. to .. -. "; •-.. ' -.,7'" - ' i32 . - . - E,..- --1,-; % ° e . .... - Ste la. - - II --t- il: ro`'- r r- 41%0 1 - H• —j 1 3AV kin3a94 a., ''- '-'''' la• ' ''" 1 dintallanawt- i, ,,MOLItt. ,,7,7 us , I a'' 41'," • ix ' 0 0 i • .nzj-...- -'-'.:I.r..7 i-'4.al.t: -- ,.. 2 1 i ' I 1 1 .2„, . 0 E irr. ..tr, Lit- r-h- ,,,,. -4- 4.1 . > ,4 ,,.; ,,) S I"...----- „,,,7' x .1 ,F.,1, . \%.:, -: ' "i 2- ,-..p - ,__ , ; , ',.• re• Oc I _ _ . — - .._ • ,_. . co co c • •- , I, tt it-,10,_-.2 '- <• . ci 0 E Z co. 0 ,.....0_ ...: IL: a. tst II. 0- — I ,j • • - • . 0 E 0 tit, a, 1 i !, : Ct . ,, t•1 --:..-.:=4.1. , if 4- 0 , ta, ....... .„-A.k 0. I '1/4 ...--tzr -.'. * '- ' . ,r• . . - -,■ • c K --- — pDratnen.Reerceived. 5:1/-1-3 _ .