HomeMy WebLinkAboutResolution 04-34 07/26/2004
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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
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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.
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City Rec. der
REVIEWED 11 APPROVED
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