HomeMy WebLinkAboutResolution 03-33 06/16/2003
RESOLUTION ~ -- --1.L
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A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT BY
AND BETWEEN THE CITY OF SPRINGFIELD AND THE OREGON
DEPARTMENT OF TRANSPORTATION RELATING TO THE TRANSFER OF
JUSIDICTION OF A PROTION OF SOUTH 42ND STREET
WHEREAS, a segment of State Highway 222 running from the intersection of
said highway with Main Street to the intersection of said highway with Jasper Road,
being 0.8 miles in length, more or less, is commonly know as South 42nd Street; and
WHEREAS, City staff and members of the public have recommended that South
42nd Street be improved to urban standards for the convenience and safety of the public;
and
WHEREAS, the Oregon Transportation Commission ("OTC") has adopted
certain policies concerning interjurisdictional transfers; and
WHEREAS, the OTC has proposed a project to improve South 42nd Street for
inclusion in the State Transportation Improvement Program for the period 2004-2007, at
a cost of $4.125 million, but has recommended that such /improvement occur only in
conjunction with a transfer of jurisdiction; and
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WHEREAS, City staff and Oregon Department of Transportation ("ODOT")
staff have proposed that the City take jurisdiction of South 42nd street, and that the funds
proposed for inclusion in the State Transportation Improvement Program be transferred
to the City on the condition that the City improve the segment to urban standards; and
WHEREAS, staff members have memorialized their proposal in the form of an
Intergovernmental Agreement (the "Jurisdictional Transfer Agreement"); and
WHEREAS, the City Manager has submitted the Jurisdictional Transfer
Agreement to the council for its review and approval in the form of a draft agreement
dated April 25, 2003, (the "Draft Agreement"), a copy whereof,'marked Exhibii.'X:'ls'
attached hereto and incorporated by reference herein, accompaniedby~ certain tmlterial
reviewing and commenting upon the Draft Agreement, and has recommended that the
Draft Agreement be approved; and
WHEREAS, the Council has reviewed the terms of the Jurisdictional Transfer
Agreement and is fully informed as to the contents thereof, and has determined that it is
in the public interest to enter into the Jurisdictional Transfer Agreement;
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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
Jurisdictional Transfer Agreement and the Jurisdictional Transfer Agreement is hereby
approved; and
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BE IT FURTHER RESOLVED, that the City Manager is hereby authorized and
directed to execute the Jurisdictional Transfer 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 of the
Agreement, such determination to be evidenced by his execution of the Jurisdictional
Transfer Agreement.
Adopted by the Common Council of the City of Springfield, Oregon, this
16th day of June ,2003.
Adopted by a vote of ---1- for and ~ against.
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ATTEST:
Mayor
firro~
City Recorder
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REVIEWED & APPROVED
A~O FORM \
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DATE:-2::.J..~12~s
OFFICE OF CITY ATTORNEY
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April 25, 2003
Jurisdictional Transfer Agreement No. 744
JURISDICTIONAL TRANSFER AGREEMENT
South 42nd Street (M.P. 0.00 to M.P. 0.80) Section
Springfield-Creswell Highway (State Hwy. No. 222)
City of Springfield
THIS AGREEMENT is made and entered into by and between THE STATE OF
ORI;:GON, acting by and through its Department of Transportation, hereinafter referred
to as "State", and THE CITY OF SPRINGFIELD, acting by and through its City Council,
hereinafter referred to as "City". Both parties are referred to hereafter collectively as
the "Parties".
RECITALS
1. The Springfield-Creswell State Highway No. 222 is under the jurisdiction and control
of the Oregon Transportation Commission.
2. By the authority granted in ORS 190.110, 366.770 and 366.775, State may enter
into cooperative agreements with the counties and cities for the performance of
work on any highways, streets or roads with the allocation of costs on terms and
conditions mutually agreeable to the contracting Parties.
3. By the authority granted in ORS 366.395, State may relinquish title to any of its .
property not needed by it for highway purposes to any other governmental body or
political subdivision within the State of Oregon, subject to such restrictions, if any,
imposed by deed or other legal instrument or otherwise imposed by State.
4. Pursuant to ORS 373.010 whenever the routing of any state highway passes
through the corporate limits of any city, State may locate, relocate, reroute, alter or
change any routing when in its opinion the interests of the motoring public will be
better served.
5. The State maintains a state route system to assist the motoring public in their
travels. Designated routes may be composed of both state highway and local
roads. Designation and elimination of state routes are under authority of the Oregon
Transportation Commission.
6. By agreement between the City and State, it is possible to eliminate from the state
system, and transfer jurisdiction to City, the portion of the Springfield-Creswell State
Highway from MP 0.00 to MP 0.80, hereinafter referred to as Unit 1, for the service
of persons living thereon or for a community served thereby.
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Agreement No 744
City of Springfield - ODOr
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DEFINITIONS
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1. Improvement: Construction and/or installation to current City standards of an urban
engineered roadbed and travel surface, curbs, gutters, sidewalks, lights, trees,
planters, railroad crossing equipment, and all other modifications of Unit 1 deemed
necessary by City for the service of persons living thereon or a community served
thereby. .
2.. Maintenance and Preservation: Resurfacing, painting, cleaning, and all other
upkeep and repairs deemed necessary by City to keep Unit 1 in proper condition for
the service of persons living thereon or a community served thereby.
NOW THEREFORE, the premises being in general as stated in the foregoing recitals, it
is agreed by and between the Parties hereto as follows:
TERMS OF AGREEMENT:
1. Subject to the provisions of this Agreement, State and City agree, conditioned upon
approval by the Oregon Transportation Commission, that Unit 1 be eliminated as a
portion of the Springfield-Creswell State Highway and the state highway system; that
the unit pass to and vest in City; and that City maintain the unit as a part of its city
street system as long as needed for the service of persons living thereon or a
community served thereby. If said right of way is no longer used for public street
purposes, it shall automatically revert to State. The location of the project is
approximately as shown on the sketch map attached hereto, marked Exhibit A, and
by this reference made a part hereof.
2. The cost of the required Improvement to Un-it f is . 'estimated at $4.125 million in
State funds.
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3. This agreement will become effective on the date all required signatures are
obtained. The agreement will terminate upon acceptance and recording of the
transfer document and completion of the Improvement project by City, unless
otherwise extended or renewed by formal agreement of the Parties. The State shall
pursue approval by the OTC or designee, and the actual transfer of property shall
be accomplished by recording of the Jurisdictional Transfer Document.
STATE OBLIGATIONS
1. Upon adoption of a Resolution by the Oregon Transportation Commission or
designee, providing for elimination of Unit 1, as hereafter defined, as a portion of the
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state highway system, State shall formally eliminate Unit 1 as a portion of the
Springfield-Creswell State Highway and the state highway system. If said right of
way is no longer used for public street purposes, it shall automatically revert to
State. All right, title, and interest of State, including all jurisdiction, maintenance,
and control shall pass to and vest in City. Unit 1 is described as follows:
Unit t:
All land within the right of way boundaries of the Springfield-Creswell State
Highway, also known as State Hwy. No. 222 and South 42nd Street, from the
southern boundary of the McKenzie Highway right of way at the intersection with
South 42nd Street to the eastern edge of the South 42nd Street/Jasper Road
intersection (MP 0.00 to MP 0.80,. including the entire Jasper Road intersection)
and lying in Section 32, Township 17S, Range 2W, and Section 5, Township
18S, Range 2W, Willamette Meridian, Lane County, Oregon.
2. State agrees, when Unit 1 is eliminated and title is vested in City, to deposit with City
a lump sum payment of $4.125 million within 60 days of the date of the recording of
the Jurisdictional Transfer Document.
3. State shall relinquish all maintenance and repair responsibilities and liability over
Unit 1, upon execution and recording with the County of the Jurisdictional Transfer
Document.
4. State agrees, upon recording the Jurisdictional Transfer Document, to furnish City
any existing maps, records, permits, and any other related data available that may
be requtred to administer Unit 1,
5. State agrees to provide to City the State access permits necessary for the
Improvement on South 42nd Street at McKenzie Highway, the Union Pacific Railroad
crossing and Jasper Road.
6. Istate'js Project Manager for this project is Tom Boyatt, Area 5, 644 A Street,
Springfield, Oregon 97477, (541) 744-8080.
CITY OBLIGATIONS
1. City agrees to accept all of State's right, title and interest in Unit 1; to accept
jurisdiction and control over the property, and to maintain the property as a portion
of its city street system as long as needed for the service of persons living thereon
or the community served thereby. Any right of way being transferred in which State
has any title shall be vested in City so long as used for public street purposes. If
said right of way is no longer used for public street purposes, it shall automatically
revert to State.
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Agreement No 744
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2. City is aware that title of Unit 1 will not be vested in City until the subsequent
. Jurisdictional Transfer Document is executed by State and City and recorded by
State. City agrees to accept all 'liability and maintenance responsibilities, as
described in Paragraph 3 of State Obligations, upon execution and recording with
the County of the Jurisdictional Transfer Document.
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3. City shall, after the Jurisdictional Transfer Document has been recorded and after
receipt of the lump sum payment from ODOT, design and construct the
Improvement consistent with the standards and requirements of the City Design
Manual in effect at the time of construction. City shall be responsible for all aspects
, of the design and construction of the Improvement project.
4. City shall begin construction within two years of receipt of .funds and substantially
complete the Improvement within four years of receipt of funds.
5. City shall use the State's payment of $4.125 million only for roadway work within the
boundaries of Unit 1.
6. City shall pass an ordinance or resolution authorizing execution of the agreement on
behalf of City.
7. Icity'~ Project Manager for this project is Len Goodwin, City of Springfield, 225 North
Fifth Street, Springfield, Oregon 97477.
GENERAL PROVISIONS
1. The properties above described are relinquished and transferred subject, however,
to the rights of any utilities located within said properties and further subject to the
rights of the owners of said existing facilities, if any there be, to operate, reconstruct,
and maintain their utility facilities presently located within said properties.
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2. This agreement may be terminated by mutual written consent of both Parties. State
may terminate this agreement effective upon delivery of written notice to City, or at
such later date as may be established by State, under any of the following
conditions:
a. If City fails to provide services called for by this agreement within the
time specified herein or any exten~ion thereof.
b. If City fails to perform any of its obligations under this agreement, or
so fails to pursue the work as to endanger performance of this
agreement in accordance with its terms, and after receipt of written
notice from State, fails to correct such failures within 10 days or such
longer period as State may authorize.
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c. If State fails to receive funding, appropriations, limitations or other
expenditure authority at levels sufficient to honor its obligations
under this agreement.
d. If federal or state laws, regulations or guidelines are modified or
interpreted in such a way that either the work under this agreement
is prohibited or if State is prohibited from paying for such work from
the pranned funding source.
Any termination of this agreement shall not prejudice any rights or obligations
accrued to the Parties prior to termination. If this agreement is terminated, City shall
'return permit files, utility permit files, right of way maps and as-built files to State for
that portion of Unit 1 which reverts to the State.
3. All employers, including State and City, that employ subject workers who work under
this Agreement in the State of Oregon shall comply with ORS 656.017. and provide
the required Workers' Compensation coverage unless such employers are exempt
under GRS 656.126. City shall ensure that each of its subcontractors complies with
these requirements.
4. State and City shall comply with all federal, state, and local laws, regulations,
executive orders and ordinances applicable to the work under this agreement,
including, without limitation, the provisions of ORS 279.312, 279.314, 279.316,
279.320 and 279.555, which hereby are incorporated by reference. Without limiting
the generality of the foregoing, State and City expressly agrees to comply with (i)
Title VI of Civil Rights Act of 1964; (ii) Section V of the Rehabilitation Act of 1973;
(Hi) the Americans with Disabilities Act of 1990 and ORS. 659A.142; (iv) all
regulations and administrative rules established pursuant to the foregoing laws; and
(v) all other applicable requirements of federal and state civil rights and rehabilitation
statutes, rules and regulations.
5. State and City acknowledge and agree that State, the Secretary of State's Office of
the State of Oregon, the federal government, and their duly authorized
representatives shall have access to the books, documents, papers, and records of
State and City which are directly pertinent to the specific agreement for the purpose
of making audit, examination, excerpts, and transcripts for a period of three years
after completion of project. Copies of applicable records shall be made available
upon request.
6. This agreement and attached exhibits constitute the entire agreement between the
Parties on the subject matter hereof. There are no understandings, agreements, or
representations, oral or written, not specified herein regarding this agreement. No
waiver, consent, modification or change of terms of this agreement shall bind either
party unless in writing and signed by both Parties and all necessary approvals have
been obtained. Such waiver, consent, modification or change, if made, shall be
effective only in the specific instance and for the specific purpose given. The failure
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of State to enforce any provision of this agreement shall not constitute a waiver by
State of that or any other provision.
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IN WITNESS WHEREOF, the Parties hereto have set their hands and affixed their
seals as of the day and year hereinafter written.
The funds for the Improvement project are included in the Draft 2004-2007 Statewide
Transportation Improvement Program (STIP), which is scheduled to be approved by the
Oregon Transportation Commission in October 2003. If the funds for the Improvement
project are not included in the approved, final 2004-2007 STIP, this agreement will be
voided. .
The Oregon Transportation Commission on February 13, 2002, approved Delegation
Order No.2, which authorizes the Director to approve and execute agreements for day-
to-day operations when the work is related to a project included in the Statewide
Transportation Improvement Program or a line item in the biennial budget approved by
the Commission.
On September 6, 2002, the Director of the Oregon Department of Transportation
approved Subdelegation Order No.2, in which the Director delegates authority to the
Executive Deputy Director for Highways to approve and execute agreements over
$75,000 when the work is related to a project included in the Statewide Transportation
Improvement Program.
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Signature Page to Follow
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The Oregon Transportation Commission, on November 14, 2002, approved Delegation
Order No.3, which delegates the following responsibilities to the Director, Executive
Deputy Director for Highways, and the Technical Services Manager/Chief Engineer:
The authority to approve and execute all Department real property deeds, contracts,
agreements, and other documents pertaining to real property transactions; approve and
execute agreements abandoning or vacating State-owned right of way; and transferring
State's interest in such right of way, when the property is not required for future State
use.
eputy Director for ighways
i- ~r...(J?
Date June 20, 2003
APPRO ALRECOMMENDED
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APPROVED AS TO FORM
By ~ ~~'","\ ~ ~~~
City Legal Counsel
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R!gh) of Way Manager /
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Date a ~cI} Date.
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APPR~Y~ AS TO LEGAL
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Assistant Attorney General
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