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HomeMy WebLinkAbout2000-066 Jurisdiction TransferCITY OF ASHLAND CITY HALL ASHLAND, OREGON 97520 NOTICE OF TRANSMITTAL TO: BARBARA CHRISTENSEN CITY RECORDER DATE: PROJECT: JOB NO.: SUBJECT: MARCH 21, 2000 TOLMAN CREEK ROAD JURISDICTION TRANSFER THE FOLLOWING ITEMS ARE BEING SENT TO YOU: Original jurisdictional transfer from Jackson County to City of Ashland for the north 1772 feet of Tolman Creek Road for filing. ENCLOSED UNDER SEPARATE COVER REMARKS: COPIES TO: Paula Brown Mike Morrison Pieter Smeenk Department of Public Works Engineering Department By: Jim Olson Title: Engineering Services Manager G:Dawn\StreefiTolman Creek Transfer NOT.doc Vol Pg BEFORE THE BOARD OF COUNTY COMMISSIONERS STATE OF OREGON COUNTY OF JACKSON 1N THE MATTER OF THE TRANSFER OF JURISDICTION OF A PORTION OF TOLMAN CREEK ROAD TO THE CITY OF ASHLAND ORDER NO. WHEREAS, the county presently has jurisdiction over a portion of Tolman Creek Road, from 1772 feet North of Highway 66 to East Main Street; and WHEREAS, the city of Ashland has agreed to accept jurisdiction over a portion of the roads to ensure it is included in the city's street improvement program and ORS 373.270 permits the jurisdiction over county roads to be transferred to a city; and WHEREAS, within 30 days of execution of this agreement, the county will make a one- time payment to the city in the amount of $36,000; and WHEREAS, after making said payment the county shall have no further obligation, financial or othersvise, with regard to the road. Now, therefore, the Board of County Commissioners of Jackson County ORDERS: 1. Approval of the jurisdictional transfer to the city of Ashland for a portion of Tohnan Creek Road, from 1772 feet North of Highway 66 to East Main Street. 2. The County Administrator is authorized to sign any and all necessary documents to effect this jurisdictional transfer. ORDER- 1 Vol Pg 3. The county to make a one-time payment to the city of Ashland, within 30 days hereof, in the amount of $36,000. DATED this 15th day of March, 2000, at Mealford, Oregon. JACKSON COUNTY BOARD OF COMMISSIONERS Jac~Aralk~r, Chair -t- mmiss' Ri H o 'c t, C ORDER - 2 --Tt., -oo AGREEMENT BETVVEEN: JACKSON COUNTY, a political subdivision of the State of Oregon ("County") AND: CITY OF ASHLAND, an Oregon municipal corporation ("city") DATE: 1999 Recitals A. The County presently has jurisdiction over the Road (as defined below) within the city limits of the City. Because of the geographical location of the Road, the costs of maintenance and improvements to the Road has become unduly burdensome to the County. B. The City is involved in an ongoing street improvement program for roads and streets within the city limits. The City wishes to exercise jurisdiction over the Road to ensure that the Road is included within the City's street improvement program. C. ORS 373.270 permits the jurisdiction over county roads to be transferred to a city whenever the county governing board deems it necessary, expedient or for the best interest of the county to surrender jurisdiction, and the governing body of the city deems it necessary or expedient and for the best interest of the city to acquire jurisdiction over the county road to the same extent as it has over other public streets and alleys of the city. D. The Board of Commissioners of the County has, after satisfying the notice requirements stated in ORS 373.270(2), (3) and (4), adopted an order authorizing surrender of jurisdiction over the Road and execution of this Agreement on behalf of the County. E. The City Council of the City has adopted a resolution authorizing the acceptance of jurisdiction over the Road and execution of this Agreement on behalf of the City. Agreement NOW THEREFORE, the parties agree as follows: 1. Identification of Roads. This Agreement concerns portions of the following county road within the City: a. Tolman Creek Road, from 1772 feet North of Highway 66 to East Main Street The road identified above is collectively referred to in this Agreement as the "Road". The Road is shown on Exhibit A attached hereto and incorporated into this Agreement by reference. 2. Transfer of Jurisdiction. The County hereby transfers jurisdiction over the Road to the City, and the City hereby assumes jurisdiction over the Road from the County. The City is hereby solely responsible for all construction, improvements, repair, maintenance, levying and collection of assessments and control of access over the Road. The city shall have the same jurisdiction over the Road as by its charter and the laws of the State of Oregon are given or granted it over any of the public streets and alleys of the City. 3. Payment By County. Within 30 days of the execution of this Agreement by both parties, the County shall make a one-time payment to the City in the amount of $36,000.00 as a contribution towards defraying the City's costs of constructing, improving, repairing and maintaining the Road. After making the payment, the County shall have no further obligation, financial or otherwise, with regard to the Road. IN WITNESS WHEREOF, the parties set their hands on the date indicated. COUNTY: JACKSON COUNTY By>Burke M. County Administrator Assistant Co. Counsel CiTY Of ASHLAND By: ASHLANDJEX99AGR.WPD ~,, ', ~ //J' CITY OF ASHI,AND PROPOSED JURISDICTIONAL EXCHANGE N. TOLMAN CR EFK d r"V . . Ii SLT..\I .E: I"' '~(X)' 100 0 1(I) 2GC 30C F~x~ I!,