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HomeMy WebLinkAboutResolution 06-44 11/06/2006 RESOLUTION NO. 06-44 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SPRINGFIELD AUTHORIZING THE TRANSFER AND CONVEYANCE OF PROPERTY FROM THE CITY OF SPRINGFIELD TO THE METROPOLITAN WASTEWATER MANAGEMENT COMMISSION AND AUTHORIZING THE RECEIPT BY THE CITY OF SPRINGFIELD FROM THE METROPOLITAN W ASTEW A TER MANAGEMENT COMMISSION OF CERTAIN REAL PROPERTY INTERESTS AND AUTHORIZING THE CITY MANAGER, CITY SURVEYOR, AND CITY ATTORNEY TO EXECUTE ALL DOCUMENTS NECESSARY TO EFFECT SUCH TRANSFERS WHEREAS, The City of Springfield (hereinafter "City") is the owner, in fee simple absolute, of certain real property identified as 17-03-34-2-3, Lot 800 and 17-03-34-3-2-, Lot 500; and, WHEREAS, The Metropolitan Wastewater Management Commission (hereinafter "MWMC") has an interest in various easements in which MWMC is the grantee; and, WHEREAS, MWMC Intergovernmental Agreement as revised in 2005(hereinafter "IGA") created MWMC as an Intergovernmental Entity and defined the duties and powers of the commission, the Cities of Eugene and Springfield, and Lane County to the IGA; and, WHEREAS, the IGA provides the Regional Sewerage Facilities shall be integrated with the existing Eugene and Springfield local collection systems and that the combination of regional and local sewerage facilities, including associated real property, comprises the entire sewerage system for the Eugene-Springfield metropolitan area; and, WHEREAS, the IGA provides, in Section 3(b), that the parties will: "Facilitate the completion of the process of transferring ownership to the Commission of the Existing Sewerage Facilities as defined in Appendix "A" Section VI; and, WHEREAS, the IGA provides, in Appendix "A", Section III, that the conveyance and ownership of Temporary Regional Facilities shall be transferred to the local jurisdiction in which they are located; and, WHEREAS, those Temporary Regional Facilities are defined in Appendix "A", Section II-B to the IGA; and, WHEREAS, the MWMC has provided a report on the terms of the IGA and has recommended that the property transfer is fair and reasonable, and has recommended that the Council approve the transfer; and, WHEREAS, the Council has considered the IGA and the facts and information submitted and does hereby determine that it is in the best interests of the City to approve the transfer and conveyance of the property described in Appendix "A", Sections II-B and VI ofthe IGA and to authorize the City Manager, City Surveyor, and City Attorney to complete the transfer. RESOLUTION Page -1- NOW THEREFORE, BASED ON THE FOREGOING RECITALS THE COMMON COUNCIL OF THE CITY OF SPRINGFIELD DOES HEREBY RESOL VE THAT: 1. It is in the best interests of the City to approve the transfer and conveyance of the property described in Appendix "A", Sections II-B and VI of the IGA, and said transfer and conveyance is hereby approved; and, 2. In consideration of the mutual covenants and agreements set forth in the MWMC IGA the Council directs the City Manager, City Surveyor, and City Attorney to do all other things necessary and appropriate to execute said transfer and conveyance; and, 3. This Resolution shall take effect upon adoption by the Council and approval by the Mayor. Adopted by the Common Council of the City of Springfield, Oregon, by a vote of ~ for and ~against, this ~ijay of November, 2006. Attest: ~Auw-L City Recor r REViEWED & APPROVED ~~~~~l~~ DATE:..u.)~ . Q~ OFFICE OF CITY AT ORNEY RESOLUTION Page -2-