HomeMy WebLinkAboutResolution 08-20 05/19/2008
RESOLUTION NO. 08-20
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN
INTERGOVERNMENTAL AGREEMENT WITH LANE COUNTY TO APPROVE BOUNDARY
CHANGES FOR METROPOLITAN WASTEWATER SERVICE DISTRICT AND WILLAMALANE
PARK AND RECREATION DISTRICT
WHEREAS, the local Lane County Boundary Commission no longer initiates or
processes new boundary changes for special districts as a result of 2007 Oregon Laws
Chapter 239, and
WHEREAS, responsibility for processing special district boundary changes now resides
with the Board of County Commissioners, and responsibility for processing boundary
changes to City boundaries resides with City Councils, and
WHEREAS, as a consequence, in those situations where policies provide that special
district boundary is to provide service within a City, the ability to process a boundary
change to one boundary will necessitate a second process in order to keep the same
consistency of boundaries. This could result in increased governmental costs and
increased fees for citizens as well as the potential for inconsistencies and confusion for
voters in the election process and for taxpayers in property taxes, and
WHEREAS, through Intergovernmental Agreement the strategy has for years provided
that the boundaries of the City of Springfield and the boundaries of the Metropolitan
Wastewater Service District be coterminous and when Springfield annexed property not
already within Willamalane Park and Recreation District the property that also was
simultaneously annexed, and
WHEREAS, the City of Springfield and Lane County are willing to recognize that it is in
the best interests of their citizens to have these boundary changes processed and
approved simultaneously by one entity.
NOW THEREFORE THE CITY OF SPRINGFIELD DOES RESOLVE AS FOLLOWS:
1. The Common Council of the City of Springfield does hereby accept the authority
delegated by Lane County to the City of Springfield to process and approve certain
District boundary matters that affect Willamalane Park and Recreation District and
the portion of the Metropolitan Wastewater Service District that adjoins the City
boundary.
RESOLUTION Page 1
2. That the City Manager is delegated authority to execute the attached
Intergovernmental Agreement in substantially similar form to that attached as
Exhibit A.
3. This Resolution shall become effective upon its adoption and approval by the
Mayor.
ADOPTED by the Common Council of the City of Springfield this 19th day of
May , 2008, by a vote of ---2.... for and ~ against. (1 Absent - Pishioneri)
APPROVED by the Mayor of the City of Sprin field this 19uilayof May
\
, 2008.
City R?::t.Jvu.rL
REViEWED ~!. APPROVED
AS TO,F02Y---v~
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DATE: _~/L'.>. 1'..0 If
OFFICE OF CITY ATTORNEY
ATTEST:
RESOLUTION Page 2
. INTERGOVERNMENTAL AGREEMENT
THIS AGREEMENT is entered into by and between LANE COUNTY, a.political subdivision of
the State of Oregon, hereinafter referred to as "COUNTY," and the CITY OF SPRINGFIELD,
a municipal corporation, hereinafter referred to as "CITY."
RECITALS
WHEREAS, ORS 190.010 and the Lane' County Home Rule Charter provide that units of
local governments may enter into agreements for the performance of any or all functions and
activities that a party to the agreements, its officers or agents, have authority to perform, and
WHEREAS, effective January 1, 2008, by virtue of 2007 Oregon Laws Chapter 239 (SB 417),
the Lane County Boundary Commission will no longer accept new applications for boundary
changes; thereafter, cities will process ~II boundary changes with respect to their boundaries
and the County will process all other boundary change matters, including changes to special
district boundaries, arid
WHEREAS, the CITY boundary' is generally coterminous with the boundary of the
Willamalane Park and Recreation District and it has been the long-standing desire of both the
City and the Willamalane Pprk and Recreation District that they remain so, and
WHEREAS, by virtue of the intergovernmental agreements establishing the Metropolitan
Wastewater Management Commission and the premises by which the Lane County
Metropolitan Wastewater Service District was created, the boundary of the CITY is a
component of the Lane County Metropolitan Wastewater Service District boundary, and
WHEREAS, for ease of reference for the remainder of this agreement, the Willamalane Park
and Recreation District and the Lane County Metropolitan Wastewater Service District shall
be collectively referred to as "DISTRICTS," and
WHEREAS, unless the property is already within the boundary of the Willamalane Park and
Recreation District, any change to the CITY boundary necessitates' a change to the
DISTRICTS boundaries, which has, in the past, been handled simultaneously by the
Boundary Commission, and
WHEREAS, a difference in timing of such a boundary change can result in .problems for
.voters in the election process and for taxpayers in the assessment process, and
WHEREAS, it is in the best interests of the citizens and less costly to have the changes to
the CITY boundary and the DISTRICTS boundaries happen simultaneously, and
WHEREAS, because of the longstanding partnership of the CITY and the COUNTY with
respect to metropolitan wastewater service and park issues, it is in their common interest for
those services to be addressed as efficiently as possible.
NOW THEREFORE, THE PARTIES A.GREE AS FOLLOWS:
1. On behalf of the COUNTY, the CITY shall process a. change to the DISTRICTS
boundaries (unless already within' the District) simultaneously with any change to the CITY
boundary, following all statutory and legal processes.
2. The CITY shall be authorized to include fees for processing the DISTRICTS boundary
changes in any fees it sets for a change to the CITY boundaries.
3. The COUNTY shall refer any citizens who seek a change to the DISTRICTS boundaries to
the CITY.
4. The applicable provisions of the Lane Manual setting forth standard provisions for public
contracts (LM 21.130) are incorporated by this reference as if fully setforth.
5_ Each of the parties agrees to defend, indemnify and hold the other harmless from and
against all claims, suits, actions, losses, damages, liabilities, costs and expenses, resulting
from or arising out of any negligent performance or failure to perform on the part of the
indemnifying party, its officers, employees or agents. The parties' indemnity and hold
harmless obligations are subject to the limitations of the Oregon Tort Claims Act and any
applicable limitations of the Oregon Constitution.
6. This agreement shall be effective upon execution and shall continue in force unless
terminated earlier as set out below.
7. This agreement may be terminated by either party provided written notice is given to the
other party at least thirty (30) days prior to the termination date.
8. No amendment to this agreement shall be effective unless made in writing and signed by
both parties. ..
LANE COUNTY
By:
By:
Jeff Spartz
Title:
City Manager
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Title: County Administrator .
Date:
Date:
N: City/Pia nn ing/Bou nd aryChanges2008/MWS D& Willamalanel GAwSpringfieldforBO. doc
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