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HomeMy WebLinkAboutResolution 04-34 07/26/2004 . . . RESOLUTION 04 ~ ~ A RESOLUTION AUTHORIZING AND APPROVING A STORMW A TER TREATMENT FACILITIES OPERATIONS AND MAINTENANCE AGREEMENT AND GRANT OF EASEMENT FOR THE ROCKY ROAD SUBDIVISION WHEREAS, under the provisions of the Federal Clean Water Act, the City is required to meet the requirements of the National Pollution Discharge Elimination Program (NPDES) by obtaining a NPDES Municipal Separate Stormwater Sewer System (MS4) stormwater discharge permit and developing and maintaining a stormwater management plan; and WHEREAS, provision III.F.c. of the City's NPDES MS4 stormwater discharge permit, and as it may be amended or reissued, requires the City to "Ensure adequate long-term operation and maintenance of 'BMPs' (Best Management Practices) designed to ensure water quality for stormwater runoff from a site"; and WHEREAS, the Springfield Common Council established City policy relating to the operation and maintenance of privately-owned stormwater management facilities which provide public stormwater management functions by adopting Resolution 02-46, specifically Chapter 3.01 of the Engineering and Design Standards and Procedures Manual; and WHEREAS, pursuant to the Springfield Development Code, City approval of proposed subdivisions may obligate Property Owners to construct privately-owned stormwater management facilities which provide public stormwater management functions; and WHEREAS, privately-owned stormwater management facilities which provide public stormwater management functions and which are required by City's Stormwater Management Plan shall be designed and constructed in accordance with the Engineering and Design Standards and Procedures Manual; and WHEREAS, OMC, LLC, Property Owner, has submitted for City approval an application for a subdivision of real property, known as Assessor's Map No. 18-02-05-11, Lot 400, 401 and 402 and Assessor's Map No. 18-02-05-12, Lots 9002 and 9009, and more commonly known as the Rocky Road Subdivision, Planning Journal No. SUB2003-00040, (Subdivision); and WHEREAS, Subdivision proposal and approval includes privately-owned stormwater management facilities which provide public stormwater management functions and which have been designed in accordance with the City's standards; and WHEREAS, the City Manager has submitted a report reviewing the terms of a Stormwater Treatment Facilities Operations and Maintenance Agreement and Grant of Easement for the Subdivision; and WHEREAS, the Council has reviewed the terms of the Stormwater Treatment Facilities Operations and Maintenance Agreement and Grant of Easement and is fully informed as to the Page I of2 . . . RESOLUTION NO. 04-34 contents thereof, and has determined that it is in the public interest to enter into this Agreement and Easement. NOW THEREFORE, BE IT RESOLVED, that the common Council of the City of Springfield finds and determines that it is in the public interest to enter into a Stormwater Treatment Facilities Operations and Maintenance Agreement and Grant of Easement for the Rocky Road Subdivision; and BE IT FURTHER RESOLVED, that the Public Works Director is hereby authorized and directed to execute a Stormwater Treatment Facilities Operations and Maintenance Agreement and Grant of Easement substantially in the form of the Agreement and Easement, with such changes or amendments thereto as he shall determine to be necessary to effectuate the direction of the Council and give effect to the terms of the Agreement and Easement, such determination to be evidenced by his execution of the Agreement and Easement; and BE IT FURTHER RESOLVED, that 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 5 for and 0 against, this 26th day of July , 2004. ~--"---- Si'~;.~~ ATTEST: ~bw~ City Rec. der REVIEWED 11 APPROVED AS\TO FORM ~ o...-F~,,,,, -...J l \~\........ D!'~"n::: --...=\_\..~_2J t.:)'-l OFFICE OF CITY ATTORNEY Page 2 of2