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HomeMy WebLinkAboutResolution 98-63 11/23/1998 . . . f" RESOLUTION ~ - ~ GLENWOOD TRANSITION AGREEMENT WHEREAS, The City of Springfield, the CityofEugene and Lane County, have each, by ordinances individually adopted, modified the Eugene Springfield Are Metropolitan General Plan to provide for the transfer of urban services and planning jurisdiction for the area known as Glenwood; and "WHEREAS, the City of Springfield, the City of Eugene and Lane County have expressed their intent to proposed a transfer of territory, under ORS 199.410, et seq., affecting that area ofG1enwood presently within the corporate limits of the City of Eugene; and WHEREAS, the City of Springfield, the City of Eugene and Lane County desire to provide for the orderly transition of service delivery to the residents of Glenwood; and WHEREAS, the City of Springfield and the City of Eugene desire to make financial arrangements with respect to certain expenditures incurred by the City of Eugene with respect to Glenwood during the period of time within which the area was within the urban services and planning jurisdiction of the City of Eugene; and \VHEREAS, the City of Springfield, the City of Eugene and Lane County desire to authorize and direct the chief executive officers of each jurisdiction to enter into further agreements with respect to the transfer of jurisdiction and to set standards for the chief executive officers to followed in exercising this authority; and WHEREAS, the City of Springfield, the City of Eugene and Lane County desire to make provisions concerning the timing of the transfer of jurisdiction, the status of the Glenwood Refinement Plan and certain other matters related to the transfer of jurisdiction; and \VHEREAS,ORS 190.010, authorizes local governments to enter into such agreements in the interest of furthering economy and efficiency in local government; and WHEREAS, the City Manager has submitted the Glenwood Transition Agreement to the council for its review and approval in the form ofa draft agreement dated November 19,1998, (the "Draft Agreement"), a copy whereof, marked Exhibit A, is attached hereto and incorporated by reference herein, accompanied by certain material reviewing and commenting upon the Draft Agreement, and has recommended that the Glenwood Transition Agreement be approved; and Attachment B, Page I of 2 RESOLUT+ON NO. 98-63 Page 2 ' ' . WHEREAS, the Council has reviewed the terms of the Glenwood Transition Agreement and is fully informed as to the contents thereof, and has determined that it is in the public interest to enter into the Glenwood Transition Agreement; 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 the Glenwood Transition Agreement and the Glenwood Transition Agreement is hereby approved; and BE IT FURTHER RESOLVED, that the City Manager is hereby authorized and directed to execute the Glenwood Transition Agreement substantially in the form ofthe Draft Agreement, 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, such determination to be evidenced by his execution of the Glenwood Transition Agreement. Adopted by the Common Council of the City of Springfield, Oregon, this 23rd.. day of ~/A'..P~/e , 1998. Adopted by a vote of 6 for and ~ against. . ~ ---- ATTEST: q~~~ City Recorder hEVIEWED & APPROVED A TO FORM \ \ < -.A ~ \....-~ \.~ \\ \ ':-:';::;=:CE OF CITY ATTORNEY . Attachment B, Page 2 of 2 . . . Resolution 98-63 Page 3 GLEN\VOOD TRANSITION AGREEMENT This Agreement is entered into as of , 199_, by and between the City of Eugene, a Municipal Corporation of the State of Oregon, hereinafter referred to as 'Eugene, the City of Springfield, a Municipal Corporation of the State of Oregon, hereinafter referred to as Springfield, and Lane County, a political subdivision of the State of Oregon, hereinafter referred to as County, collectively referred to hereinafter as the "parties," pursuant to ORS 190.0 10, in the interest of furthering economy and efficiency in local government. RECIT ALS 1. The parties have initiated an amendment to the Metropolitan Area General Plan (hereinafter the "Metro Plan") to transfer urban services and planningjurisdiction for the area commonly known as Glenwood from Eugene to Springfield. Such amendment has been initiated and will be effective follo\ving adoption by all three parties. 2. Eugene and Springfield are each parties to certain agreements with County regulating the provision of certain urban services to those areas of the County which are not presently incorporated but are within the urban growth boundaries of the respective cities, hereinafter referred to as the Urban Transition Agreements. .., .Y. The parties desire to arrange for an orderly and efficient transition in the responsibilities the parties have with respect to Glenwood, and to assure that provision of services to the residents and property owners in Glenwood is not'disrupted. NOW, THEREFORE, IN CONSIDERA nON OF THE FOREGOING, IT IS AGREED, BY A~1) BETWEEN THE PARTIES HERETO, TRANSITION PROCEDURES AND ADMINISTRATION 1. The respective city managers and the county administrator (hereinafter the "Executive Officers") are hereby authorized and directed to timely meet and confer with respect to transition details including, but not limited, to the foll?wing: a. Handling and approval of pending and.new applications for permits for building, land use and related development activities, including which jurisdiction will handle such matters at various stages of the transition period following the adoption of the Metro Plan amendment; b. Transfer of books, records, data and other information relevant to the properties and activities affected by the transfer of jurisdiction; 1:\GLENWOOOlGLENIGAF. WPD Attachment A, Page 1 of 5 November 19, 1998 . . . Resolution 98-63 Page 4 c. Disposition of, and accounting for, revenues received or deposited in connection with activities affected by the transfer of jurisdiction; Such other matters as they shall deem relevant to the efficient processing of the transfer of jurisdiction; and Delegation of authority among or between the several jurisdictions to process activities on behalf of one or more of the jurisdictions to assure the orderly processing of matters affected by the transfer of jurisdiction. d. e. 2. The Executive Officers are further authorized and directed to enter into such agreements, not inconsistent with paragraph I above or the policy direction set forth herein, as they shall deem necessary or convenient in the administration of the transfer of jurisdiction and are hereby authorized to execute such agreements on behalf of their respective jurisdictions. ST A TUS OF THE GLENvVOOD REFINEMENT PLAN 3. The parties recognize that the Glenwood Refinement Plan will remain in effect following the adoption of the Metro Plan amendment transferring jurisdiction until further amended by Springfield and Lane County. The Springfield City Council will promptly initiate necessary proceedings to consider amending the Glenwood Refinement Plan to recognize the transfer of jurisdiction. On or before September 30, 1999, Springfield and County will complete all necessary review and take final actions on proposed amendments to the Glenwood Refinement Plan. Thereafter, any changes to the Glenwood Refinement Plan shall be subject to the existing process for amendment of such plans. RETh1BURSEMENT OF PREVIOUS INVESTMENT 4. On or before June 30, 1999, and on each June 30 thereafter until the full amount shall be paid, Springfield shall pay to Eugene the sum of not less than 10 percent of the total amount of infrastructure costs shown on Schedule A. Investments for studies shall be reimbursed over a period not to exceed three years. 5. Interest on any unpaid balance of infrastructure costs shall accrue at the rate of return in effect for investments in the Local Government Investment Pool as of January I in each year. Any payment made shall be accompanied by the amount of interest that has accrued on the unpaid balance since the last payment made. 6. Springfield may pay, at any time, such additional sums as it may deem appropriate. Such payments shall also be accompanied by a payment of interest as calculated above. TTh1ING OF TRANSFER 7. The parties agree that it is in the public interest that the transfer of jurisdiction, and of territory in the case ofproperty within the corporate limits of Eugene , occur on a date certain 1:\GlENWOODIGLEN IGAF. WPD Attachment A, Page 2 of 5 November 19,1998 . . 11. Resolution 98-63 Page 5 and, ifpossible, before March 3 I, 1999. In the event that the transfer occurs after March 31, 1999, Eugene will continue to be the taxing jurisdiction until such time as Springfield becomes the taxing jurisdiction; until that time, and to the extent that Springfield has taken over providing services to these properties, Eugene agrees to remit to Springfield an amount equal to property taxes Eugene receives on account of the properties in Glemvood 8. Except as othenvise agreed by the Executive Officers, all taxes and fees collected by Eugene on account of properties affected by the transfer or transactions affecting such properties shall be adjusted as of the effective date of the transfer. 9. The parties agree that in the event that the Lane County Boundary Commission fails to approve a final order transferring that territory in Glenwood which is presently within the corporate limits of Eugene, or such final order, if approved, is rejected in an election held pursuant to ORS 199 .507(b), then the parties shall promptly initiate an amendment to the Metro Plan to restore jurisdiction of all of Glen wood to Eugene, or make such other changes as they shall deem appropriate under the circumstances OTHER MATTERS 10. The parties agree to seek an amendment to the intergovernmental agreement creating the Metropolitan 'Wastewater Management Commission to provide that, among other things, facilities which handle effluent from more than one jurisdiction shall be constructed, operated, and maintained as regional facilities. The parties agree that the current provision of electric and water service to the area by the Eugene Water and Electric Board shall continue following the effective date of the transfer until such time as the Eugene Water and Electric Board and the Springfield Utility Board execute a written agreement to change the provider of electric and water service to the Glenwood area and such agreement is implemented. Pending such agreement, and following the effective date of the Boundary Commission's approval of the transfer of territory, Eugene and Springfield shall each receive one-half of all payments-in-lieu-of-taxes made by the Eugene Water and Electric Board on account of Glenwood properties \vhich, prior to the transfer of territory, had been within the corporate limits of Eugene. . (;\GLENWOODlGLENIGAF.WPD Attachment A, Page 3 of 5 November 19, 1998 . . . Resolution 98-63 Page 6 IN WITNESS WHEREOF, the parties, by their authorized representatives, have "executed this Agreement as of the date first above written. APPROVED AS TO FORM: FOR THE CITY OF SPRINGFIELD By: FOR THE CITY OF EUGENE ~ By: O':=:=lCE C}F C~;T>" .~.T~GRi'lE\1 City Manager FOR LAl'{E COlfI\ITY By: County Administrator 1:\GLENWOOD\GLEN1GAF. WPD Attachment A, Page 4 of 5 November 19, 1998 . . . Resolution 98-63 Page 7 SCHEDULE A Reimbursement to the City of Eugene, from the City of Springfield, for prior investment In Glenwood shall include the following items and amounts: Element Description Present Worth River Crossing and Pump Station City of Eugene share (62%) 1-5 option (38% share) subtotal 53,636,309 $2.254.512 $1,381,797 Henderson Ave Trunk Glenwood Trunk Franklin Trunk Sewer Storm Sewer 1-5 option (38% share) subtotal 5 64,447 $ 68,197 $ 82,944 $ 5.479 $ 221,067 Total $1,602,864 Studies Glenwood Refinement Plan Wastewater Master Plan Stormwater Basin Plan 5174,618 $ 16,532 5 45.000 $ 236,150 Total Note: Payments of interest as described in paragraph 5 of the Agreement shall be calculated by multiplying the amount ofinfrastructure costs unpaid as of the date of any payment by the product of the rate of return for investments in the Local Government Investment Pool as of the January I preceding the date of such payment and a fraction, the numerator of which shall be the number of days since the later of the effective date of transfer or the date of the last payment, and the denominator of which shall be 365. . 1:\GlENWOOD\GlENIGAF. WPD Attachment A, Page 5 of 5 November 19,1998