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HomeMy WebLinkAboutResolution No. 4747 RESOLUTION NO. 4747 A RESOLUTION AUTHORIZING LANE COUNTY TO ASSESS BENEFITTING PROPERTIES UNDER THE JURISDICTION OF THE CITY OF EUGENE FOR IMPROVEMENTS TO RIVER ROAD BETWEEN CARTHAGE AVENUE AND BEACON DRIVE AND BEACON DRIVE BETWEEN RIVER ROAD AND GRACE DRIVE. The City Council of the City of Eugene finds that: A. ORS 190.010 and the Eugene City Charter provide that units of local government may enter into agreements for the performance of any and all functions and activities that a party to the agreements, its officers or agents, have authority to perform. B. ORS 373.260(1 )(a) provides that counties and cities may enter into intergovernmental agreements for the construction, improvement or repair of, and the acquisition of right-of-way for any county road or city street within the corporate limits of the city. C. Through adoption of the FY 02/03 Through FY 06/07 Capital Improvement Program, the Lane County Board of Commissioners has approved the River Road improvement project from MP 7.747 to MP 7.366 (Carthage Avenue to Beacon Drive). The improvement project will widen the existing road to three lanes with standard urban improvements. The project will encompass properties under the jurisdiction of City. D. Developers/owners of certain benefiting real properties in the project area under the jurisdiction of City have entered into irrevocable petitions with the City agreeing to participate in the costs associated with bringing the adjacent County roads up to urban road standards when upgraded in the future. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EUGENE, a Municipal Corporation of the State of Oregon, as follows: Section 1. Lane County is authorized to assess any benefiting properties under the jurisdiction of City for improvements to River Road between Carthage Avenue and Beacon Drive and Beacon Drive between River Road and Grace Drive, on condition that Lane County enters into and fully complies with the Intergovernmental Agreement attached hereto as Exhibit A, which the City Manager pro tem is specifically authorized to execute on behalf of City. Section 2. The City Recorder is requested to forward a copy of this resolution to Lane County upon adoption. Section 3. This resolution shall become effective immediately upon its adoption. The foregoing resolution adopted this 13th day of January 2003. ~itY~~_ Resolution THIS AGREEMENT entered into by and between Lane County, a political subdivision of the State of Oregon, hereinafter referred to as COUNTY, and the City of Eugene, a municipal corporation of the State of Oregon, hereinafter referred to as CITY. RECITALS 1. ORS 190.010 and the Lane County Home Rule Charter provide that units of local government may enter into agreements for the performance of any and all functions and activities that a party to the agreements, its officers or agents, have authority to perform; and 2. ORS 373.260(1 )(a) provides that counties and cities may enter into intergovernmental agreements for the construction, improvement or repair of, and the acquisition of right-of-way for any county road or city street within the corporate limits of the city; and 3. Through adoption of the FY 02/03 Through FY 06/07 Capital Improvement Program, the Lane County Board of Commissioners has approved the River Road improvement project from MP 7.747 to MP 7.366 (Carthage Avenue to Beacon Drive). The improvement project will widen the existing road to three lanes with standard urban improvements. The project will encompass properties under the jurisdiction of CITY; and 4. Developers/owners of certain benefiting real properties in the project area under the jurisdiction of CITY have entered into irrevocable petitions with CITY agreeing to participate in the costs associated with bringing the adjacent COUNTY roads up to urban road standards when upgraded in the future. AGREEMENTS COUNTY AGREES TO: 1. Survey, acquire right-of-way, perform design (with the exception of street lighting design) and construction engineering, acquire necessary permits, prepare plans and specifications, call for bids, award and administer the construction contract. 2. Assess benefiting properties, including those under the jurisdiction of CITY, in accordance with the Lane County Special Assessment Policy as outlined in Lane Code Chapter 15 and ORS 371.625 and 371.640 which states that the cost of constructing the curb, gutter and sidewalk be assessed to the abutting properties on a cost per front foot basis per the following-curbs and gutters by the linear foot; sidewalks by the square yard, excluding driveway sections and driveways by the square yard; plus an estimated 25% for engineering and administrative costs. City of Eugene River Road IGA Page 2 CITY AGREES TO: 1. Provide street lighting design to COUNTY for incorporation into project plans and specifications by February 28,2000. CITY agrees not to charge COUNTY for street lighting design. 2. Authorize COUNTY to work within right-of-way dedicated and annexed as conditions of approval for the LINDSAY GROVE and VILLAGE AT SPRING CREEK subdivisions by CITY, including properties encumbered under a developer/owner irrevocable petition with CITY. When project is completed, the dedicated areas will be incorporated into the legal COUNTY road right-of-way. 3. Present to the Eugene City Council, with City staff's recommendation for approval, a resolution to approve the improvement project that is the subject of this Agreement and to authorize COUNTY to assess any benefiting properties under the jurisdiction of CITY, in accordance with ORS 203.132. Credit for existing curb, gutter and sidewalk will be given in accordance with COUNTY policy. 4. Grant and otherwise assign to COUNTY all of CITY's rights under all irrevocable petitions that CITY holds regarding any of the properties to be assessed within the project area. 5. Own and maintain street lighting within project area. This provision will survive termination of this agreement. BOTH PARTIES AGREE: 1. The term of this agreement commences upon the date of the final execution thereof and terminates three years from the execution date unless mutually agreed by both parties to extend the termination date. 2. To the extent allowed by the Oregon Constitution and the Oregon Tort Claims Act, each of the parties hereto agree to indemnify and save the other harmless from any claims, liability or damages resulting from any error, omission or act of negligence on the part of the indemnifying party, its officers, agents or employees relative to the responsibilities of the indemnifying party in performance of this agreement. ********* CITY OF EUGENE LANE COUNTY By: James R. Carlson By: William A. Van Vactor Title: City Manager, pro tern Title: County Administrator Date: Date: