HomeMy WebLinkAbout2025-01 Clairying the Financial Obligations Under the Services Agreement with Western Rivers ConservancyRESOLUTION NO.2025-01
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASHLAND
CLARIFYING THAT THE FINANCIAL OBLIGATIONS UNDER THE SERVICES
AGREEMENT WITH WESTERN RIVERS CONSERVANCY DO NOT CREATE DEBT
UNDER ARTICLE IX, SECTION 5 OF THE CITY CHARTER.
RECITALS:
A. The City of Ashland ("City") has entered into a Services Agreement with Western Rivers
Conservancy ("WRC") to provide professional services supporting the acquisition of
property described in the Agreement; and
B. The Services Agreement requires the City to make payments in specified fiscal years,
contingent upon the successful completion of deliverables as outlined in the Agreement;
and
C. Article IX, Section 5 of the Ashland Charter limits the City's ability to incur debt without
voter approval; and
D. The City Council acknowledges that the payrrrents under this Agreement are subject to
annual appropriations in accordance with Oregon law and the Ashland Charter; and
E. The City Council finds it necessary to clarify that the City's obligations under this
Agreement are not considered "dent" under the Charter because they are contingent on
annual appropriations.
THE CITY OF ASHLAND HEREBY RESOLVES AS FOLLOWS:
SECTION 1.
1. Non -Dent Obligation
The City's obligations under the Services Agreement with WRC do not create debt as
defined in Article IX, Section 5 of the Ashland Charter. Any financial obligations are
limited to fiords appropriated and approved by the City Council for each fiscal year.
2. Annual Appropriation Requirement
All payments under the Services Agreement are subject to the availability of appropriated
funds. If sufficient firnds are not appropriated for any fiscal year, the City shall have the
right to terminate the Agreement without firrther liability, as provided for in the
Agreement.
3. No Long -Term Financial Obligation
The Services Agreement shall not be construed to obligate the City beyond the fiscal year
for which fiends are appropriated.
SECTION 2. This resolution is effective upon adoption.
Resolution No. 2025-01 Pagel of 2
" ( and This resolution was duly PASSED and -
ADOPTED this day of
takes effect upon signing by the Mayor,
44
4Alissa'f6&'lnsVl' O'ity Recorder
SIGNED and APPROVED this day of n"N"C"I 2025.
Tonya Gi�,,/lam, Mayor
Reviewed as to forin:
Dougtfis M. cGeary, Acting City Attorney
Resolution No, 2025-01 Page 2 of 2