HomeMy WebLinkAboutAgreement APPLICANT 4/29/2013 • •
Contract # 9--•
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,
Date Received:4/L A _
t
Planner: AL
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
Junsdiction 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.
i- eceiv
ed: of aoi3
Fanner: AL
• • •
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 ) Electnc 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, Electric, 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 electric 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:$)0C'3
Planner: AL
"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: 100°43
4 ner: AL
• •
•
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 waterand 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 Springfield
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 implementing Section H
of this Agreement.
Date Received:! 00,3
5 Planner: AL
• •
H. Pm-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, 1 b, or lc.
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
yfd-9 d 0/3
Planner: AL
6
• •
a. Developer or City Request
The City or the developer may request that New Existing SUB Facilities
located in private 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
7 Date Received:_019 i3
Planner: AL
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
O. 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
Planner: /4..
8
•
•
• 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 nghts 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:_Yf e
Planner: AL
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
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