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HomeMy WebLinkAbout1995-119 Cooperative Agrmt-Bear Creek COOPERATIVE AGREEMENT UP. AN SERVICES AGREEMENT City of Ashland- Bear Creek Valley Sanitary Authority and Jackson County Draft July 20, 1995 THIS AGREEMENT is entered into this day of (~©~J~- , 1995 by the City of Ashland, a political subdivision of the State of Oregon, hereinafter referred to as "City", Bear Creek Valley Sanitary Authority, hereinafter referred to as "District", and Jackson County, a political subdivision of the State of Oregon, hereinafter referred to as "County". WHEREAS, Statewide Planning goal 2, Land Use Planning, requires that City, County, State and Federal agency and Special District plans and actions shall be consistent with the comprehensive plans of the cities and counties and regional plans adopted under ORS Chapter 197; WHEREAS, ORS 190.101 provides that units of local government may enter into agreements for the performance of any or all functions and activities that a party to the agreement, its officers or agents, have authority to perform; WHEREAS, ORS 195.020 requires special districts providing an urban service within the county shall enter into a cooperative agreement with the county, and if the special district's boundary falls within and urban growth boundary, a cooperative agreement shall also be made between the special district and the city; WHEREAS, The Parties have a mutual interest in coordinated land use planning, compatible comprehensive plans, and coordinated planning and provision of urban services and facilities; and, WHEREAS, The Parties consider it mutually advantageous to establish a cooperative agreement to promote coordination of activities and efficient delivery of services to the public. NOW, THEREFORE, CITY, COUNTY AND DISTRICT AGREE AS FOLLOWS: The City of Ashland, Bear Creek Valley Sanitary Authority and Jackson County agree that the following Cooperative Agreement policies shall be the basis for comprehensive planning, plan implementation actions, and decisions relating to development in the District Service Area. For the purpose of this agreement, .he following words, terms and phrases are defined: Ash/BCVSA/JackCo.Coop/UrbSAgrmt L WLUS/Capp 1 A. Area of Concern = Mutual Area = Roughly the area north of the Rail road tracks as marked on "Attachment A". Be City and County = City or County = refering to units of local government the City of Ashland acting individually and Jackson County acting individually. Ce Comprehensive Plan = A land use planning document adopted by local government and special districts as described by State Statute and Statewide Land Use Planning Goals. Cooperative agreement = A coordination agreement required by ORS 195.020 between counties, cities and special districts which provide "urban services" including sanitary sewer; water; fire protection; parks; open space; recreation; and streets, roads and transit. Coordination = the result of coordinating so as to act together in a smooth concerted way to bring in to a common action, movement or condition. District Service Area = The land area which is within the District boundary as shown in attachment "A". Urban Services = As Defined by ORS, urban services means Sanitary sewers, water, fire protection, parks, open space, recreation and streets, roads and mass transit. City and County Methods for District Involvement in Comprehensive planning a. When preparing new or revised provisions to any public facility plan, Comprehensive plan amendments, land use regulation or periodic review documents, the City, when these items affect the mutual area, and the County shall coordinate with the District by inviting input, and providing the District notice of meetings and hearings where the matter will be considered. b. The City and County will provide the District access to available information concerning economic growth, building activity, and population trends and projections; location and characteristics of areas intended for future development; planned transportation improvements; opportunities for joint development or use of sites; and availability of public services. c. The District, City and County shall use the following process for review and action on legislative amendments and Ash/BCVSA/JackCo. Coop/UrbSAgrmt L WLUS/Capp 2 major land use activities specified below which affect land use within the District Service Area and the Mutual Area. e ~ounty or City Actions. The City and County shall coordinate with and seek comments from the District regarding the following items. The District's comments may address consistency of the proposal with the City and/or County Comprehensive Plan and the District's Comprehensive Plan, this agreement and other issues or topics the District feels relevant: * Legislative amendments to the County or City Comprehensive Plan and/or implementing ordinances; * Major public works projects; * Proposals for significant sewer, water improvements; * Proposals for formation of, or changes of organization, boundary or function of special districts, as these terms are defined in ORS 198.705 to ORS 198.710; and, * Recommendations for designation of an area as a health hazard or probable health hazard: * Policies relating to approval of septic systems. City or County Actions. The review process for all Comprehensive Planning actions or proposals and land use permit applications listed above is outlined below. ae When the City or County determines there is an opportunity for joint staff level pre-application conference with affected parties, the District will be invited. The conference will be held within the time frame set forth in the applicable ordinance. Such meetings shall be scheduled after consultation with District staff. If the District chooses to attend a pre-application meeting, the meeting shall occur at a mutually agreeable time. In the event that a mutually agreed time cannot be achieved, or in the event the District indicates that it does not wish to attend a Pre-application meeting, such meeting may occur without the District and with other affected parties. Be Once a complete application is filed or comprehensive planning proposal is prepared, the City or County shall notify the District, and afford an opportunity to participate, review, and comment. The City or County shall mail a copy of the hearing notice to the District at least 10 days prior to the date of the public hearing or decision date if no hearing is required. D. Comments submitted by the District shall be Ash/BCVSA/JackCo.Coop/UrbSAgrmt L WLUS/Capp 3 given consideration as a part of the public record on the proposed action. If a timely response is received from the District, the district shall have standing as a party to appeal decisions consistent with the appeals process specified in local Ordinances. The City or County shall notify the District in writing, as prescribed in their respective Ordinances, of all land use decisions listed above, for which the District has attained party status. Ge ~. The failure of the District to respond in a timely manner to a properly sent notice of pending land use action described in this Section shall mean no comment regarding the proposal. Comprehensive Planning Responsibilities of District a. When preparing new or revised provisions to any public facility plan or its Comprehensive Plan, the District shall coordinate its efforts with the City, when the items affect the Mutual Area, and County by inviting input from both, and providing both with notices of meetings and hearings where the matter will be considered. The District, City and County shall use the following process for review and action on legislative amendments and major land use activities specified below ' . The District shall coordinate with and seek comments from the City and/or County regarding the following items. City and County comments may address consistency of the proposal with their Comprehensive Plan and the District Comprehensive Plan, this agreement, and other relevant issues or topics; * Development of or amendment to the District Comprehensive Plan, District Service Area boundaries, and/or development standards; * Major public works projects sponsored by the District for significant sewer or drainage improvements; * Proposals for significant changes in the capacity of facilities: * Facility closures; * Proposals for significant extension of any District service, utility or facility; and, * Proposals for joint development or use of facilities. 2. The District will provide access to available Ash/BCVSA/JackCo. Coop/UrbSAgrmt L WLUS/Capp 4 information to the City and County concerning service needs; level of use; service capacity; new site acquisitions, facility needs; availability of facilities for community use; and planned construction or closure of facilities; ~. The failure of the City or County to respond in a timely manner to a properly sent notice of pending land use action described in this Section shall mean no comment regarding the proposal. Party Roles and Responsibilities for City or County Approval of New Development. a. The City and County shall coordinate with and seek comments from the District regarding the following items which affect land use within the District Service Area and Mutual Area. * Conditional Use Permits; * Planned Developments; * Subdivisions; * Major Partitions; and, * Variances. b. In making the decision, the City and County shall rely on the relevant portions of their Comprehensive Plan and implementing Ordinances. In addition, the City and County shall consider all comments made by the District with regard to the notice and the proposed land use action. c. The County is responsible for issuing building permits for new construction within County and for most areas within the District. Building permit applications which would result in hookup to the District service will require confirmation of service availability from the District to determine whether service can be provided or service non availability. d. ~. The failure of the District to respond in a timely manner to a properly sent notice of pending land use action described in this Section shall mean no comment regarding the proposal. Roles and Responsibilities 1. The City and the District are providers of sewer and wastewater management systems affecting the City and its Urban Growth area. The City and District are projected to continue their respective roles providing urban sewer service. Ash/BCVSA/JackCo. Coop/UrbSAgrmt L WLUS/Capp 5 Parties to Urban Service Agreement a. The County provides urban services such as Police protection, roads and parks and open space within the vicinity of Ashland and within the Ashland Urban Growth Boundary. The District provides sewer service in close proximity to Ashland and within the Ashland Urban Growth Boundary in the area of the North Ashland I-5 Interchange and Highway 99. The City provides a full range of urban services. The City and County, through mutual aid agreements, coordinate and cooperate together for police and fire protection and other emergency service communications. The County administers park and open space service along Bear Creek. b. Because the City, County and District each provide urban services in the Urban Growth Boundary and cooperate with each other to provide urban services outside City jurisdiction the parties mutually agree they should each be a party to this agreement for the purpose of cooperation and coordination in the provision of urban services. ~F~T~IO~_ Future Urban Service Providers and Future Service Areas. a. The City shall continue to provide the full range of urban services it has historically provided to territory within the existing City limits pursuant to this agreement and as provided by law. b. The District shall continue to provide Sanitary Sewer Services it has historically provided to territory within the District's existing limits pursuant to this agreement and as provided by law. c. The City and District may agree to joint provision of service to areas within the City or its UGB by contract, mutual agreement or other method as may be provided by this agreement and as provided by law. ~ Role of Urban Service Providers. a. The functional role of the City of Ashland is to provide a full range of municipal services, and to prepare a coordinated public facilities plan pursuant to ORS 197.712(2)(e) and OAR 660 Division 11. b. The functional role of the County is to provide overall coordination of planning throughout the County; the County is not generally a provider of full urban services or sewer service as defined at ORS 195.065(4) except as indicated herein. Ash/BCVSA/JackCo. Coop/UrbSAgrmt L WLUS/Capp 6 c. The functional role of the District is to provide the rural and urban level sewer and/or stormwater service it has historically provided to properties within the District's boundaries and in proximity to the City as shown on "Exhibit A" attached hereto. d. The District may provide its urban service to properties within its boundaries, as shown on "Exhibit A" attached hereto; or, the provision of its service may be expanded according to law, except as otherwise restricted by the Jackson County Comprehensive Plan. e. When preparing a coordinated public facilities plan pursuant to ORS 197.712(2)(e) and OAR 660 Division 11 affecting the District, the City shall conduct staff level meetings inviting appropriate County and District staff during initial concept, draft and final draft phases of plan preparation. Such meetings shall occur at least monthly during plan preparation phases. f. The District shall plan, construct, and maintain service facilities, and manage and administer provision of services to urban users, consistent with any coordinated public facilities plan adopted pursuant to ORS 197.712(2)(e) and OAR 660 Division 11 affecting the District. Responsibilities of Service Providers. a. The County shall continue its role as the agency responsible for overall coordination of planning throughout the County as assigned by statute. Further, the County has adopted policies and procedures for determination of extensions of sanitary sewer service which are contained in its comprehensive plan and land use ordinances; and, which the County shall continue to administer as those policies and procedures may be amended. b. The District shall continue to be responsible for planning, construction and maintenance of sanitary sewer service facilities within its district boundaries. The District shall continue managing and administering provision of its service within its' District boundaries and may enter into mutually acceptable agreements with the City. The City shall continue to be responsible for planning, construction and maintenance and shall continue managing and administering provision of its sewer service within its' corporate limits as allowed by law. Terms of Interparty Cost Efficiency Measure. a. Operating Agreements between the City and District, signed before the initiation of this agreement and governing existing facilities, shall continue in full force and effect Ash/BCVSA/JackCo. Coop/UrbSAgrmt L WLUS/Capp 7 until amended under the terms of this Coordination and Urban Service Agreement. b. The City, county and District express interest in negotiating cooperative agreements to further efficient local government operations. Such agreements may include sharing of equipment. Such agreements may be particularly beneficial to end users and parties to this agreement during times of emergency. Agreement Review and Amendment. a. This agreement may be amended by mutual consent at any time. If amendment is sought by one party the following procedures shall be followed. The party which seeks the amendment shall submit a formal request for amendment to the responding agency. The request shall clearly describe the proposed change and why the change is necessary. The responding agency shall schedule a review of this request within 45 days from receipt of the request. Coordinated review of any such proposal shall be as set forth above for consideration of a major planning action. The parties shall make good faith efforts to resolve requests to amend this agreement if necessary. The responding agency may respond by approving or rejecting the proposed amendment, or it may suggest modifications to the amendment. b. The parties will jointly review this agreement every 5 years to evaluate the effectiveness of the processes set forth and consider amendments. Term of Agreement a. This agreement replaces any prior formal or informal agreements the City, County and District may have had with respect to the coordination of comprehensive planning issues or urban services covered by this agreement. b· This agreement shall remain in effect unless terminated by any party to this agreement. c. Termination of this agreement does not relieve parties of the responsibility under Oregon Statute to enter into and maintain such agreement. d. In the event the parties are unable to agree on any issue or in the event any other dispute under this agreement occurs, both parties agree to proceed with binding Ash/BCVSA/JackCo. Coop/UrbSAgrmt L WLUS/Capp 8 arbitration within thirty (30) days as allowed under ORS 36.300 36.365. The attorney of each party shall choose a neutral third party to arbitrate. IN WITNESS THEREOF, the respective parties have caused to be signed in their behalf to make and enter into this agreement this ~j day of~~J~J , 1995 Mayor City -A~to~ney Date BEAR CREEK VALLEY SANITARY AUTHORITY By~ ~ ~ ~/, ..... . Date Ch~ir, Board of Dfrect%~ By Charles L. Root, Manage~j~~( APPROVED AS TO FORM: By Date Attorney for Bear Creek Valley Sanitary Authority J~CKSON/ COUNT~ ~J .......... ~ ...... Ash/BCVSA/JackCo. Coop/UrbSAgrmt L WLUS/Capp 9