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INTERGOVERNMENTAL AGREEMENT
BETWEEN
JACKSON COUNTY AND THE CITY OF ASHLAND
6-1' , L.
THIS AGREEMENT is entered into this -L day of 1~~ ' by
Jackson County ("County") and the City of Ashland ("Ashland").
WHEREAS,
A. County intends to pass a bond measure in the May 2000 primary election for
capital construction and improvements of the entire county library system, including the
Ashland Branch L..ibrary: The Ashland Branch library is located on the following
described property which is further referred to in this agreement as "the premises":
All of lots 1,2, 3 and 4 of Pracht's Addition to
the City of Ashland, Jackson County, Oregon.
B. Ashland passed a bond measure in the amount of $5.96 million in November,
1999 for capital construction and improvements to the Ashland Branch of the Jackson
County I.Jpr~ry system ("Ashland Branch"), of which $5.85 million would be allocated to
construction costs; and
C. The parties wish to avoid unnecessary expense and duplication and to
coordinate the expenditure of public funds on the Ashland Branch such that if the
countywide measure passes, it will eliminate the need for sale of the Ashland bonds,
THE'REFORE, the parties, in consideration of the mutual promises, terms and
conditions provided below, agree to the following:
1. If the bond election is held on May 16, 2000, Ashland will delay sale of the bonds
authorized in the November 1999 election until the result of the May 2000 election is
known.
2. If the countywide bond measure passes on May 16, 2000, Ashland will not sell its
previously authorized bonds and County will provide a grant to Ashland in the amount
of $5.85 million for purposes authorized in the County's bond measure. Those
purposes are capital construction and improvements associated with the expansion
and renovation of Ashland's city-owned lib~ry building, including furniture and
equipment (the ~;!btarY Project").
3. The County will provide the grant funds to Ashland by September 17, 2000, or within
30 days of the County bond sale, whichever date is sooner. The grant funds will be
provided upon the terms and conditions specified in this agreement, there being no
further requirement that the parties enter into a separate grant agreement. Ashland
covenants to use those funds in accordance with the County ballot title. Ashland may
invest the funds and keep the eamings, so long as such investment is pursuant to
County investment policy and County's tax certificate.
1- Mpt~1'y Intergovernmental Agreement
F:\U$R\Pl\~\AGRI!:~\Wl;lrlil'Y IGA coundllsl drafl127.wpd
4. If the countywide library bond measure does not pass, this agreement is void in its
entirety.
5. Ashland shall construct and complete the Library Project. Ashland shall consult with
the Library Improvement Committee and the County Library Director and County
Facility Director as to design elements of the Library Project which may affect County's
costs in the operation and maintenance of the library. Ashland will adopt and utilize
their recommendations that address operation and maintenance to the extent such
recommendations are practicable, within the Library Project budget and do not
otherwise increase costs so as to exceed the amount of grant funds.
In any event, for purposes of compatibility only, County has final decision on design
and purchase of telecommunications, wiring, equipment, and all computer hardware
and software issues.
. 6. If the amount of the grant is exceeded for the construction and completion of the
Library Project, Ashland shall be responsible for any such excess costs.
6.1. If the Library Project is constructed and completed for less than the grant
amount, any remaining principal amounts shall be paid over to the County immediately
upon substantial completion. County will use these funds in its discretion for other
purposes authorized by the bond election.
6.2. The County shall be responsible for all bond issuance costs.
7,Ashlandwillown the real property improvements and fixtures. County will own
furniture and equipment constructed or purchased for the Library Project. County will
manage those assets and is free to maintain, repair or replace furniture and equipment
in its sole discretion.
7.1. Upon substantial completion of the Library Project, the agreement dated
May 22, 1970, between the County and Ashland regarding the Ashland Public Library
(the "1970 agreement") shall terminate and the parties shall enter into a new
intergovernmental agreement regarding their roles and responsibilities. Until such time
as the new intergovernmental agreement is consummated, the terms and conditions of
this intergovernmental agreement shall control.
7.2. County will maintain and operate a free public library for the benefit of, and
uniformly available on the same terms to all members of the public in Jackson County
and to use for these purposes the property and property interests furnished by
Ashland.
All books, furniture, furnishings and equipment previously transferred to the County
pursuant to the 1970 agreement shall remain the property of the County, and the
transferred 3t:tl:iRespearean Library shall remain the property of the Oregon
Shakespeare Festival Association.
7.3. County will decide on level of service and budget allocations, in its total
discretion.
7.~.dlJ!the~YenttheGounty, for any reason, should cease to operate a County-
wide librarY system, or a library at this location, then, and in that event:
7.4.1. All the right, title, and interest in and to all of the books, furniture,
2- Library Intergovernmental Agreement
F:\USER\PAUL\AGREE\library IGA council 1st draft 127.wpd
furnishings and equipment previously transferred to the County under the 1970
agreement and which has not been discarded due to obsolescence, shall revert
to Ashland.
7.4.2. This agreement shall be null and void and Ashland shall have the
right to immediate possession of the premises.
7.5. Both parties agree and promise that the Ashland Branch library and the land
it will occupy, including the existing building and land, will be used only for public library
purposes for as long as indebtedness remains outstanding on any bonds sold pursuant
to the countywide bond election for library capital improvements. Neither party shall
allow any use of the premises for any private purpose, nor take any other action which
compromises the tax-exempt status of those bonds; this promise shall be enforceable
by injunctive, declaratory or other relief. In any event, if either party breaches this
specific promise, it shall indemnify the other party and all bondholders from any
resulting tax or financial impact.
7.6. Except as provided in this subsection, upon substantial completion of the
project, Ashland shall be under no obligation to make or perform any repairs, maintenance,
replacements, alterations, or improvements on the premises. County, at its expense, shall
keep the premises in good repair, operating condition, working order, and appearance,
including, without limitation:
7.6.1. Repairs and maintenance of the roof and gutters, exterior walls
(including painting), bearing walls, structural members, floor slabs, and foundation.
7.6.2. Repair and maintenance of exterior water, sewage, gas, and electrical
services from the point of entry to the premises.
7.6.3. Repair of the heating and air conditioning system including ordinary
maintenance.
7.6.4. Repair of interior walls, ceilings, doors, windows, and related hardware,
light fixtures, switches, and wiring and plumbing.
Notwithstanding the above-listed obligations of County in this subsection, AsHlahdshallbE;!
~g$QQn$ible(a)for the repairs and maintenance of any installed solar panels, (b) for the
repairs and maintenance of any other improvements mutually identified by the County and
Ashland as requiring extraordinary maintenance or repairs and which were installed to meet
Ashland's environmentally responsible building standards, and (c) to maintain in good, safe
and presentable condition that part of the premises comprising the grounds and
approaches to the library, including sidewalks, driveways, curbs and parking areas located
on the premises.
8. This agreement is made upon the express condition that, except as set forth below,
Ashland shall be free from all liabilities and claims for damages and/or suits for or by
reason of any injury or injuries to any person or persons or property of any kind whatsoever,
whether the person or property of County, its agents or employees, or third persons, from
any cause or causes whatsoever while in or upon the premises or any part thereof during
the term of this agreement or occasioned by any occupancy or use of the premises or any
activity carried on by County in connection therewith, and County hereby covenants and
agrees to indemnify and save harmless Ashland from all liabilities, charges, expenses
(including counsel fees) and costs on account of or by reason of any such injuries,
liabilities, claims, suits or losses however occurring or damages growing out of same.
3- Library Intergovernmental Agreement
F:\USER\PAUL\AGREE\Library IGA council1s1 draft 127.wpd
County shall be free from all liabilities and claims for damages and/or suits for or by reason
of any injury or injuries to any person or persons or property of any kind whatsoever,
whether the person or property of Ashland, its agents or employees, or third persons, from
any cause or causes whatsoever while in or upon that portion of the premises comprising
the grounds and approaches to the library, and Ashland hereby covenants and agrees to
indemnify and save harmless County from aI/liabilities, charges, expenses (inclUding
counsel fees) and costs on account of or by reason of any such injuries, liabilities, claims,
suits or losses however occurring or damages growing out of same.
9. Except as set forth below, County agrees to assume all risks of loss, injury or damages
of any kind or nature whatsoever to any building or other structure on the premises, which
may be now or hereafter placed upon the premises, and all risks of loss, injury, or damage
of any kind or nature Whatsoever to the contents of any such building or structures, or to
any goods, merchandise, chattels, or any other property now or that may hereafter be upon
the premises, whether belonging to the County or others. and whether such loss, injury, or
damage results from fire or other agency, and whether the same be caused by the
negligence of Ashland, or any of its employees or agents. or otherwise, and to save and
keep harmless Ashland from a/l claims and suits growing out of any such loss, injury or
damage.
10. Despite the terms of paragraphs 8 and 9, County does not indemnify Ashland or
any other person or entity from any risk. loss or liability due to defective design or
negligent construction of the building. In the event of loss or litigation arising from the
design or construction of the building. there is no agreement between the parties as to
indemnity or contribution.
11. The term of this agreement is 50 years beginning on the date first mentioned on
page one.
CITY OF ASHLAND,
----- " ( /
BY~- ~fr1~~
Title
Date: ~;L - d- <"YD
JAC~OUNTY
BY / ~ i ..l Lo-c__~
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/ Title
Date: J-j1.J1 /6v
REVIEWED AS TO FORM:
:PM,J~
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1unt nsei
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City Attorney
4- Library Intergovernmental Agreement
F:IUSERIPAUL\AGREEILibrary IGA council 1st draft 127.wpd
Vol
Pg
BEFORE THE BOARD OF COUNTY COMMISSIONERS
STATE OF OREGON, COUNTY OF JACKSON
IN THE MATTER OF AUTHORIZING THE )
COUNTY ADMINISTRATOR TO EXECUTE AN )
INTERGOVERNMENTAL AGREEMENT BETWEEN )
JACKSON COUNTY AND THE CITY OF ASHLAND )
REGARDING THE ASHLAND LIBRARY PROJECT )
ORDER NO. C 7-00
WHEREAS, Ashland previously passed a $5.96 million bond measure for capital
construction and improvements to the Ashland Branch Library;
WHEREAS, Jackson County intends to pass a bond measure in the May 2000 primary
ejection for capital construction and improvements of the entire county library system, including
the Ashland Branch Library; and
WHEREAS, if the county's library measure passes in May, Ashland will not sell its
previously authorized bonds, and the county will provide $5.85 million for the Ashland library
project, coordinating the expenditure of public funds.
Now, therefore,
The Board of County Commissioners of Jackson County ORDERS:
The County Administrator is hereby authorized to execute an intergovernmental
agreement between Jackson County and the city of Ashland regarding the Ashland library
project.
DATED this 29th day of February, 2000, at Medford, Oregon.
JACKSON COUNTY BOARD OF COMMISSIONERS
c-
~#~L~
Ja alker, Chair ~
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('-
ORDER - I
(;7-(J()
AGREE'lnn
TIllS :\(;ltEE:il.:~;T. i,lade this _LZ-._nd (l:l;r of :l.:1y, 1~7a,
h ~ t h' e C Jl J ,\ C J(,<;(1 >: C OIl' ~ n-, a pol i tic ,11 sub J i vis ion 0 f t ) 1C S tat c 0 f
OT~~;Ojl, hereinuftcr c3.11c<l the "COUIlty," am! the CITY or M;:iLA;-W,
ann !- e ::..: 0 il m u n 5, ci. p ;[ 1 C (1 ~. I' '':H a t ion, I1/:.: rei Il ciF ll~ reo. 11 c J t It c "C i t Y , II :i ~
ma,1~ unJcr tile (l~Jthori ty of ORS Ch3pter 357.
1.
In consideration of the County's
prori1lSeS
, .
I\~TCln-
after cunt.1 inc,!, the Ci ty a?rees:
.1.. To lease to the County for $1.00 reT )'e<11
the fcllO'.linr, descrihed real property:
The Southeastorly 35 fcet of Lot 2, anJ
all of Lot 3 and all of Lot 4 of the
PRACHT'S l\DDn' IOj'~ to the Ci ty of Ashland,
Jackson COl!;ity, Oregon.
for a. tern! of fifty (50) yerlrs. or for so 101~~ 85 tlJC
said :;tructure is used by the County [or pur.lic frcc
1 j brury pUTI'oscs ;}nd no part thcr-::of faT any other
f;url'o~; c .
b. To trarlsfer to the County ;111 the right,
tjtle ;~lld inteT~st of the City in ;].nd to ;111 books,
fur n it II r (' r fur: lis 1 Ii n ~ s :1 n n e '111 i YJl1 C n t sit U ate d Iv i t h i n
the ::;:li(1 hll1 Idi.nf', ~lld all hook" and vehicles, Hhcyc"cr
sit 1I:1 t (' d I :-H C' c; C )1 t ) y }, c 1 d =1 n d u 5 (~ J for, 0 l' a s r art 0 f 1
tlle rU!lli,c,:- [1':':c liLr;,TY. It is L;ndcrstoocl t~l;tt the
"Sll~lk,::,,!,:;.-H('.li1 Lj:';-":lrV" is not oh'ncd by the C~,ty (if
/1.;hl;:l'rI, ~Jllt j.; tJ',':lc.d 1'\1 C:c Orcg(1!l ~h(lkcspe(lrc(Jn
F'-'sti\':J! ^s"r,ci~~~i(1;l ;tJld desit:llatcd :-is stiehl ~jld this
cnlL:;:fi( n jc:: 1'0~: il~(:1I1cl((1 ill LItis tLII1<;fcr. hut shall
r(~ll(ili t';r
ill',.) i /', i. L y
\If Lill. 1':"':,'0:1 .S:i:l:,':"';,c:.,ycaJl
, '
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c. Te
linLdn in ~~oo(l, sClfe a;\d
'csentable
conditior'. th,lt part of the above descrihed p-roperty
C01;1prisiw< tne r.rounds and appT'oachcs to the library.
2. The County agrees that it sh,Jll~ fn1Fl and ~ftcr
the effective <btc hereof, i<linteli]>. :1T1(1 operate a free pubiic:
liln"ary for the henefit of, and tlDifon.\ly aV;JUahlc on the s"rnc
terns to all J.lcl~l)crs oi th~ j1uhlic in JE1cLs<m Count.y, Ofe;;on,
and to 1J ~ C [0 r 5 3 i (I P l~ Y f' 0 5 8 the p r () per t y an cl p r () per t y i n t C T cst s
hereby furnisheu by the City; that the County 511:111 ccntir:uc to
employ the persC'l1s presently emploY0.J hy the City in the OJlF;T?tion
of the said libr~rf, if, and for so long as, such CQployees
conti nue to render f in ti:e County I s j ud[:l;\ent, conpetent and
5 a tis f net 0 T Y S c r v ice i n '~ h e i r f' 0:; i t ion s (1 S 5 U c h, an J s h :111
particirate in the PulJlic E:fJployccs I RetiTf~nent Syste!~ ::lS to those
libr:lry E'mployees lillo, as of the date of this cont:cilct 31:e, <1.n\l
elect to continue to 'he, l~:'r\hers of thE' Puhlic [~lrloYCC51 p.~ti-rC'_leflt
Systcr1, but ill nIl other rcsrecL~ tbe tenl~~ of SUC~-i emploYIr.f~nt
s'hallue based entirely upon slier. ~)'ste:l~sp pror.rnllls. rates and
s t ,l !1 d a r d s as the Co 11 n t y n" y p T C ~, C rib e .
3. The !"lartiee; ~,-~rec th3t, as far as practicable, th(>
cost of the operCltion of the lihrary shall be borne uniformly by
all rcsidents of the Coun'i:y and neithcr pa::ty sh,,11 seek to ir.,pose
Any char[:c or tax for libr,ll'y purpo::,f.'s urOD Pen)' part of the COLlIlty
llnless the tnx or chtHfC i~ ~~j'plicl\ble 1l11ifornly and on the' ~.3nc
terms thTourhrJut the Count"!.
4. The p:,rties ~;'rcc <Inll it is llpderstoou th~t in t1IC
(' '! e n t t h ~ Co till t Y 1 [ 0 r "n y r ~' ; 1 ~ (l 11, :~ 11 \:: U 1 tI c c (\ set () 0 r era 1: c a Co U E ~ Y -
"irk lihT:1ry S)'5t~1Il <1<~ provi.ded ]\cr(~in. th:f\, f1I\I\ in th~t event,
II 11 the d_ f', h t ~ tit 1 (' :l 11 d i il t C' r (' q_ i n ::1 Tl d to:'. 11 (J f the h 0 0 b; .
r urn i tUre.
, .
funli shiJli:~~ 0lill ~'1uil'n<~i1t Hhj~il \-JfiS ~r;lnsferrcJ to the
Coun t Y und8r thi S <:19 r t"
nt <:md hC)s not been di see.:' 'ed due to
ob::;olesccnce, shail revert to the City or .l\shland.
5. Thi s agrcE5,;cn tis m':Jde l:(JOl'1 the express condi ti ~Jn thu t
the Lessor sh:~11 L;(; free fr0m all 1i<:\0; 1i ti0S <:ii-Ie! clc..im~; fc.'r l::.Hn~lg~s
c.1lld/or sui t~; f()( (),- OJ rec)~():-I of allY in~I_J(Y ~r injuri?~ to ::1r,;'
p8r .son or p<:;j-s(m~; or r'ro::Ji~:- ty of any k'i (-Jl \j~-d l:S()2Ver, \!hi-2tk::r th2
perSall or prOp'2rty of Lessc2, its eJSj,::nts or. Gnp 10ye<;;;, or' th 1 rc!
"'0"''- frO'.-;'l ~_'lny ca'.' <::;:-, 01' c"u~"... .'- . '0 '.I-~ \hl"I- l'rl 0" urOl) 'I
per::, : t.:> , , '--' ~ :c.. - 0 .::, e J ...' i I,J C;:, .:: v l; I oj e ,.), S (] 1 (j
pru.ll..;es or allY p3rt ~h2rcof dui'ing tile te:rr.i 01' t:l1S uClr~~c.L,n:: or
occ.:::.sioned by any Occup2.ncy 0;' us!'; 0." sCJid p((m~ses o. ':lilY actlv'l t.y
curried 0:-. by L02:J~::;2 ir. C)(lnSC:::10;1 -::~Ie,c~,/;!:h) ~nd Lcs:,cc f1c["cbj
COVI;;l:Jnts and cl'Jr~~cs to ind'.:;~.r'd fy <!r::l :-';dY':; harmless th~: !_(::~'S()J' ::rC~d
211 liabilities) C:-Hrgc~:, c~pcn::;e5 (i'l..::lu~-;I1:J couiL:;21 fCGs) (jn',~
co;:; t::; 011 ::: ~:COUjlt .); Ot b/ (t..YJson 01" d:i:/ sue:'. i njur i C~5")) 1 i 2~'~ ji Li c:-, ,
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6. LCSS(;l:; 119rcc~s 1:0 c)SSU~";l2 all risl~3 of loss, injury;)f'
Q'.l::lcISjC5 or ani k i r1(-j vr n~ t:Jrc V'~I:; t:;ocver to any bui 1 di !IJ OJ' o ch,h;r si.:ruc-
tlJre belonging to silid 1 .~s S C8 , \-/h i ch 11101 \f be n;::h'J or hore.lf~:-2r ? i <.Jcec!
J
u;;on :;.=::io It;~IS;;d prcli~~\..:s, ~i1d all ri,~ks of loss, 1:ljl1r)', 01 (},':1i~1':';0c
or ~~il'J kind (Jr- nltutp ',::utsOC;\',-;i' to t;l::; ,:Ji'!~(:'ilt:";
c1' i~;~\' sue:, ~,ui l(~i;l
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pro;}c'rty I1'Y'/ or tfi,Jt fIllY h.~r'~.'Jj-tp.r b:_' U;):J(t ~,Jirl J';,'lscd ~Fc:i1i;;(;:;, v;!...:"(l~f;r
t.C'loi1~Jin'J to th~ 1c:;s(;~ or oCh',-rs, ~)I1,1 '\.:il-,tt.'::r :;ur:h 10',;::;) Lljury, or
('j'IJCC rC:;:J1 ts fro.'j) f~ 1-',-: or Ch..!;r.r "~j"ll::Y, ,"ie..! \,'li'.::Lh,~I- t'I'~ '),:1~1:> b~
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Jackson County Study Session January 16,2006
Jack Walker:
"We haven't made the effort by the board or by the public in this community
to go out and re-energize an industry that we all know built every building
you're looking at except for this one and it was done without any basic, any
property tax, any income tax.
And those were days that could return and we're not having any effort by the
public to do that.
"I've questioned some of our legislators: 'Have you gotten calls from the
people who should be interested in bringing on this industry. .. and, and
they're not, they're not getting the kind of calls that I think should be the
effort by the public today.
"Y ou 've got an industry that could bring in huge amounts of money and yet
we're not willing to do it because of a political view or whatever. But I
don't support it simply because of that. When you're going after $9 million
dollars with a $30 million dollar type of revenue source, I just don't believe
it.
"Seven years ago when we made the efforts towards trying to get the forest-
school funding, we had many discussions including with the timber industry
and what was our goal and our goal was that this was going to be a bridge
toward a financial solution for this county.
"The timber industry had their doubts that we would ever do it and once we
got our money we would drop them and I think that's what we've done.
"My conversations with Senator Wyden, Walden and everybody I've had a
conversation with is based around another offer of a bridge funding to get us
5-6 years down the road so long-term solutions can be dealt with but if we
don't have the interest of this community to go out and create this industry
that provided us with all. .. with everything you see out there including both
buildings across the street.... If there's no interest in that, then there IS no
long-term solution.
"I'm not willing to offer 1 % increase of an income tax as that permanent
solution for the county. But I think there are some opportunities that if we
all got on the bandwagon now and we all headed in the same direction, we
could solve this.
"But if politically you can't see supporting a timber industry here again, then
1 guess this is dead in the water."
CW:
"The county is in a much better position from a financial standpoint.
"We're not alone in our embarrassment about the fact we may have to close
our libraries and the key word is 'may.'
"The action we took in relationship to the notice to go out by April was done
for budgetary reasons and Ronnie understands that... and understands that
the library is fully funded 'til the end of the year but in order for us to meet
that budget line we have to send out notices so that we don't expend the
budget beyond the line.
"The 1 % proposal that's $30 million in estimated revenue which will
probably be less because now we learn the state will siphon off 10% of that
in collection which is a pretty substantial amount of money and that puts us
right about the same level.
"But the other thing is that some of these other departments are in better
financial shape and don't need that money.
"Some of the other general fund programs that we've had we don't
necessarily need to have them funded because of the changes we've made in
the course of the process... We may be talking about something less."
Jack Walker:
"I contend that we need to go back and look back to when. .. somewhere
along the line we have to get back to where we were in the 70's."