HomeMy WebLinkAboutAgreement APPLICANT 5/21/2008
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INTERGOVERNMENTAL AGREEMENT
THIS AGREEMENT is entered into by and between LANE COUNTY, a political subdivision of
the State of Oregon, hereinafter referred to as "COUNTY," and the CITY OF SPRINGFIELD,
a municipal corporation, hereinafter referred to as "CITY."
RECITALS
WHEREAS, ORS 190.010 and the lane County Home Rule Charter provide that units of
local governments may enter into agreements for the performance of any or all functions and
activities that a party to the agreements, its officers or agents, have authority to perform, and
WHEREAS, effective January 1, 2008, by virtue of 2007 Oregon laws Chapter 239 (SB 417),
the lane County Boundary Commission will no longer accept new applications for boundary
changes; thereafter, cities will process all boundary changes with respect to their boundaries
and the County will process all other boundary change matters, including changes to special
district boundaries, and
WHEREAS, the CITY boundary is generally coterminous with the boundary of the
Willamalane Park and Recreation District and it has been the long-standing desire of both the
City and the Willamalane Park and Recreation District that they remain so, and
WHEREAS, by virtue of the intergovernmental agreements establishing the Metropolitan
Wastewater Ma.nagement Commission and the premises by which the lane County
Metropolitan Wastewater Service District was created, the boundary of the CITY is a
compQnent of the lane County Metropolitan Wastewater Service District boundary, and
WHEREAS, for ease of reference for the remainder of this agreement, the Willamalane Park
and Recreation District and the lane County Metropolitan Wastewater Service District shall
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be collectively referred to as "DISTRICTS," and
WHEREAS, unless the property is already within the boundary of the Willamalane Park and
Recreation District, any' change to the CITY boundary necessitates a change to the
DISTRICTS boundaries, which has, in the past, been handled simultaneously by the
Boundary Commission, and
WHEREAS, a difference in timing of such a boundary change can result in problems for
voters in the election process and for taxpayers in the assessment process, and
WHEREAS, it is in the best interests of the citizens and less costly to have the changes to
the CITY boundary and the DISTRICTS boundaries happen simultaneously, and
WHEREAS, because of the longstanding partnership of the CITY' and the COUNTY with
respect to metropolitan wastewater service and park issues, it is in their common interest for
those services to be addressed as efficiently as possible.
NOW THEREFORE, THE PARTIES AGREE AS FOLLOWS:
1. On behalf of the COUNTY, the CITY shall process a change to the DISTRICTS
boundaries (unless already within the District) simultaneously with any change to the CITY
boundary, following all statutory and legal processes. .
Date Received:
Planner.
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2. The CITY shall be authorized to include fees for processing the DISTRICTS boundary
changes in any fees it sets for a change to the CITY boundaries.
3. The COUNTY shall refer any citizens who seek a change to the DISTRICTS boundaries to
the CITY.
4. The applicable provisions of the Lane Manual setting forth standard provisions for public
contracts (LM 21.130) are incorporated by this reference as if fully set forth.
5. Each of the parties agrees to defend, indemnify and hold the other harmless from and
against all claims, suits, actions, losses, damages, liabilities, costs and expenses, resulting
from or arising out of any negligent performance or failure to perform on the part of the
indemnifying party, its officers, employees or agents. The parties' indemnity and hold
harmless obligations are subject to the limitations of the Oregon Tort Claims Act and any
applicable limitations of the Oregon Constitution.
6. This agreement shall be effective upon execution and shall continue in force unless
terminated earlier as set out below.
7. This agreement may be terminated by either party provided written notice is given to the
other party at least thirty (30) days prior to the termination date.
8. No amendment to this agreement shall be effective unless made in writing and signed by
both parties.
11.' Y'J,F1ELD LANE COUNTY
By: By:
Gino Grimaldi
Title: City Manager Title: County Administrator
Date: f/rJ6/D'( Date: 5/<:,1 /D~
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Date Received:
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