HomeMy WebLinkAboutAgreement Miscellaneous 11/19/1998
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IN THE BOARD OF COUNTY COMMISSIONERS OF LANE COUNTY, OREGON
OR D ERN O. 98-I2-09-L
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IN THE MATTER OF APPROVING AN ,
INTERGOVERNMENTAL AGREEMENT WITH THE
CITIES OF EUGENE AND SPRINGFIELD REGARDING
THE TRANSFER OF JURISDICTION OF GLENWOOD
FROM EUGENE TO SPRINGFIELD
WHEREAS, an amendment to the Eugene-Springfield Metro Area General Plan has been adopted by the
cities of Eugene and Springfield and by Lane County to transfer jurisdiction over the Glenwood area from Springfield
to Eugene; and '
, WHEREAS, additional actions by Eugene, Springfield and Lane County are necessary and appropriate to
effectuate the transfer of jurisdiction; and, .
WHEREAS, an intergovernmental Agreement between the three governing bodies is a suitable means of
setting forth these additional actions; and
WHEREAS,ORS 190.010 provides that municipal governments may enter into Agreements for performance
of any and all functions and activities that the parties to the Agreement, their officers, or agents have authority to
perform; and,
WHEREAS, the Cities of Eugene and Springfield have tendered such an intergovernmental Agreement to
Lane County for consideration; and,
WHEREAS, the Board of County Commissioners received the request and considered the matter at a public
meeting on this date; .
NOW THEREFORE, BE IT ORDERED that an Agreement between Lane County and the cities of Eugene
and Springfield regarding the transfer of jurisdiction of the G lenwood area be approved.
IT IS FURTHER ORDERED that the County Administrator be authorized to execute an Agreement
consistent with this Order.
DATED this 9th day of December, 1998.
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Chair, Lane County Board of Commissioners
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GLENWOOD TRANSITION AGREEMENT
This Agreement is entered into as of , 199_, by and betWeen the <:;ity 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 190.010, in the interest of
furthering economy and efficiency in local government.
RECIT ALS
I. 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 following 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.
3. 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 CONSIDERATION OF THE FOREGOING, IT IS AGREED, BY AND
BETWEEN THE P ARTlES 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 following:
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;
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Attachment A, Page 1 of 5
November 19,1998
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c. Disposition of, and accounting for, revenues received or deposited in connection with
activities affected by the transfer of jurisdiction;
d. Such other matters as they shall deem relevant to the efft0ent processing of the
transfer of jurisdiction; and
e. 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.
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.
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STATUS OF THE GLENWOOD 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 subj ect
to the existing process for amendmeni of such plans.
REIMBURSEMENT 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
effectfor.investments in the Local Government Investment Pool asofJanuary 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.
TIMING OF TRANSFER
7. The parties agree that it is in the public interest that the transfer of jurisdiction, and of
territory in the case of property within the corporate limits of Eugene, occur on a date certain
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Attachment A, Page 2 of 5
November 19, 1998
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and, if possible, before March 31, 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 th~~ 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 Glenwood
. 8. . Except as otherwise 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 ofGlenwooQ 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.
II. 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-ta,<es made by the
Eugene Water and Electric Board on account of Glenwood properties which, prior to the
transfer of territory, had been within the corporate limits of Eugene.
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Attachment A, Page 3 of 5
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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
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City Manager ..
FOR THE CITY OF EUGENE
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City Manager
OFFICE OF C:T\" AT70RNE'f
FOR LANE COUNTY
By:
County Administrator
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Attachment A, Page 4 of 5.
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AMENDED SCHEDULE A
Reimbursement to the City of Eugene, from the City of Springfield, for prior investment m
Glenwood shall include the following items and amounts:
Element Descrintion
Present Worth
River Crossing and Pump Station
City of Eugene share (62%)
1-5 option (38% share) subtotal
$3,636,309
$2,254.512
$1,381;797
Henderson Ave Trunk
Glenwood Trunk
Franklin Trunk Sewer
Storm Sewer
1'5 option (38% share)
$ 64,447
$ 68,197
$ 82,944
$. 5.479
$ 221,067 .
subtotal
Total
$1,602,864
Studies
Glenwood Refinement Plan
Wastewater Master Plan
Stormwater Basin Plan
$ 174,618
$ 16,532
$ 45.000
$ 236,150
Total
Note: Payments of interest as described in paragraph 5 of the Agreement shall be ca1culat,ed
by multiplying the amount of infrastructure costs unpaid as of the date of any payment by the
product ofthe 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 ofthe effective date ofthis Agreement or the date of
the last payment, and the denominator of which shall be 365.
I:IGLENWOODIGLENIGAF. WPD
Attachment A, Page 5 of 5
DattR~ceivefi
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RESOLUTION ~ - ~
GLENWOOD TRANSITION AGREEMENT
WHEREAS, The CityofSpringfield, 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 transferofterritory, underORS 199.410, el seq., affecting that are;). of Glen wood
presently within the corporate limits of the City of Eugen~; and
WHEREAS, the City of Springfield, the CityofEugene and Lane County desire to providefor 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
WHEREAS, 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 0 fEugene and Lane Coun\y desire to make provisions
concerning the timing of the transferofjurisCliction, the status of the Glenwood Refinement Plan and
certain other matters related to the transfer of jurisdiction; and
WHEREAS,ORS 190.010, authorizes local govenunents to enter into such agr'eements 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 re.view and approval in the form of a drafl agreeme.nt 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 Drafl Agreement, and
has recommended that the Glenwood Transition Agreement be approved; and
Attachment B, Page 1 of2
Date Received
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RESO~UTION NO. 98-63
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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 of the 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 ofthe 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
~/'A'''''''''-''''' ,1998_
day of
Adopted by a vote of h" for and ~ against.
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ATTEST:
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, hcVIEWEO & APPROVED
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Attachment B, Page 2 of2
Oate Rece\ved
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