HomeMy WebLinkAboutCAP090816CITY OF CENTRAL POINT
City Council Meeting Agenda
September 8, 2016
Next Res. 1472
Next Ord. 2030
I. REGULAR MEETING CALLED TO ORDER – 7:00 P.M.
II. PLEDGE OF ALLEGIANCE
III. ROLL CALL
IV. PUBLIC APPEARANCES – Comments will be limited to 3 minutes per
individual or 5 minutes if representing a group or organization.
V. CONSENT AGENDA
Page 2 - 9 A. Approval of August 11, 2016 Council Minutes
10 - 13 B. Approval of OLCC Application for 7-Eleven change of
Ownership
VI. ITEMS REMOVED FROM CONSENT AGENDA
VII. PUBLIC HEARING, ORDINANCES, AND RESOLUTIONS
15 - 38 A. Resolution No. _______, A Resolution Approving the
Rogue Disposal & Recycling, Inc., 20- year Performance
Audit, Fifth Anniversary Rate Adjustment, and Five Year
Franchise Extension Pursuant to Article 7 of the Solid
Waste Agreement (Clayton)
40 - 64 B. Resolution No. _______, A Resolution Exercising the
Power of Eminent Domain for the Twin Creeks Crossing
(Samitore)
VIII. BUSINESS
--- --- --- A. Planning Commission Report (Humphrey)
66 - 72 B. 2015/16 Financial Report (Weber)
Central Point
City Hall
541-664-3321
City Council
Mayor Hank Williams
Ward I Bruce Dingler
Ward II Michael Quilty
Ward III Brandon Thueson
Ward IV Allen Broderick
At Large Rick Samuelson Taneea Browning
Administration Chris Clayton, City Manager Deanna Casey, City Recorder
Community Development Tom Humphrey, Director
Finance Steven Weber, Director
Human Resources Elizabeth Simas, Director
Parks and Public Works Matt Samitore, Director Jennifer Boardman, Manager
Police Kris Allison Chief
74 - 81 C. Approval of Intergovernmental Agreement between Jackson
County, Central Point and Medford for Table Rock Road
Improvements (Samitore)
IX. MAYOR’S REPORT
X. CITY MANAGER’S REPORT
XI. COUNCIL REPORTS
XII. DEPARTMENT REPORTS
XIII. EXECUTIVE SESSION
The City Council may adjourn to executive session under the provisions of ORS 192.660.
Under the provisions of the Oregon Public Meetings Law, the proceedings of an
executive session are not for publication or broadcast.
XIV. ADJOURNMENT
Individuals needing special accommodations such as sign language, foreign language interpreters or equipment for the hearing impaired must request such services at least 72 hours prior to the City Council meeting. To make your request, please contact the City Recorder at 541-423-1026 (voice), or by e-mail at: Deanna.casey@centralpointoregon.gov . Si necesita traductor en español o servicios de discapacidades (ADA) para asistir a una junta publica de la ciudad por favor llame con 72 horas de anticipación al 541-664-3321 ext. 201
Consent Agenda
CAP090816 Page 1
CITY OF CENTRAL POINT City Council Meeting Minutes
August 11, 2016
I. REGULAR MEETING CALLED TO ORDER
Mayor Williams called the meeting to order at 7:00 p.m.
II. PLEDGE OF ALLEGIANCE
III. ROLL CALL: Mayor: Hank Williams
Council Members: Allen Broderick, Bruce Dingler, Brandon Thueson, Taneea Browning, Rick Samuelson, and Mike
Quilty were present.
City Manager Chris Clayton; City Attorney Dan O’Conner;
Police Captain Dave Croft; Community Development Director Tom Humphrey; Finance Director Steven Weber; Parks and Public Works Director Matt Samitore; and City
Recorder Deanna Casey were also present.
IV. PUBLIC APPEARANCES - None
V. SPECIAL PRESENTATION
A. Fire District No. 3 Presentation
Fire Chief Dan Peterson presented the 6-month report and update on their
Strategic Plan process. He explained that they have accomplished 37 out of the
68 items identified in the plan. They are working on a program called Pulse Point which would certify citizens in CPR to assist with emergencies in their
neighborhoods. B. Rogue Disposal and Recycling
Rogue Disposal and Recycling Director of Governmental Affairs & Marketing Garry Penning and Laura Leebrick, Community and Governmental Affairs
Manager, presented the Five Year Periodic Review process. They are five years into their ten year franchise agreement and will be approaching the Council to extend it an additional five years. They updated on their Environmental
Stewardship, and their fleet conversion to compressed natural gas. The CNG fueling station is located in White City. They will be having a grand opening soon.
They explained the challenges they are facing with recycling. Communities are
doing great by recycling, but they are having problems finding locations to take the recycled products. They will be asking for a $2.50 increase for residential
customers in September.
CAP090816 Page 2
City of Central Point City Council Minutes August 11, 2016
Page 2
V. CONSENT AGENDA
A. Approval of July 28, 2016 City Council Minutes
B. OLCC Approval for Fast Break
C. Approval to Cancel August 25, 2016 Council Meeting
Mike Quilty moved to approve the Consent Agenda as presented. Taneea
Browning seconded. Roll call: Hank Williams, yes; Bruce Dingler, yes; Taneea Browning, yes; Brandon Thueson, yes; Allen Broderick, yes; Rick Samuelson,
yes; and Mike Quilty, yes. Motion approved.
VI. ITEMS REMOVED FROM CONSENT AGENDA - None
VII. PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS
A. Ordinance No. 2029, An Ordinance Adopting Multiple Code Amendments to the Central Point Municipal Code Sections 11.04, 11.16, 11.20, 13.04, and adding a New Section 3.40 Liens and
Collections Finance Director Steven Weber explained this is the second reading of an
ordinance allowing the city the ability to pursue collections for lien foreclosures in
the event of delinquencies of LID assessments, financing agreements, or utility payments. The proposed changes will allow the city to determine the appropriate
course of action given the size of the debt, value and marketability of the property
and other factors. A new Section 3.40 has been added to provide for liens and foreclosures generally for any and all delinquent payments due to the city by
municipal code, contract or resolution.
Brandon Thueson made a motion to approve Ordinance No. 2029, An
Ordinance Adopting Multiple Code Amendments to the Central Point Municipal Code Sections 11.04, 11.16, 11.20, 13.04, and adding a New
Section 3.40 Liens and Collections. Mike Quilty seconded. Roll call: Hank
Williams, yes; Bruce Dingler, yes; Taneea Browning, yes; Brandon Thueson, yes; Allen Broderick, yes; Rick Samuelson, yes; and Mike Quilty, yes. Motion approved.
B. Resolution No. 1471, Approving a Conceptual Land Use and
Transportation Plan for CP-3, An Urban Area of the City of Central Point, Oregon
Community Development Director Tom Humphrey explained that the City’s
Regional Plan Element states that prior to expansion of the urban growth boundary into an urban reserve area it is necessary to adopt conceptual land use
and transportation plan for the area.
CAP090816 Page 3
City of Central Point City Council Minutes August 11, 2016
Page 3
The Planning Commission and Citizens Advisory Committee have each participated in a planning charrette and conducted independent public hearing to
come up with land use and transportation scenarios for CP-3. Staff provided the East Pine Street Area Concept Plan to various agencies for comment and made presentations to local area planning professionals. The conclusions from these
presentations and meetings are summarized in the final version of East Pine Street Area Concept Plan presented tonight. The Planning Commission
expressed its support for a circulation plan that moves traffic further away from
the Peninger/Pine Street intersection.
He presented a proposed map connecting Beebe Road to Peninger through CP-
3. The original idea of expanding the Eastside TOD and using the General Commercial land use category has been abandoned in favor of the more
conventional thoroughfare commercial designation and C-5 zoning. This allows
for a light manufacturing option and also the less restrictive use of signage near the freeway. The circulation plan envisions a bridge and the extension of Beebe
Road to the west. Jackson County Roads has stated that they can make both options work, but prefer a Beebe Road connection that is more distant from the Peninger/Pine Street intersection. The MPO Policy Committee finds that the plan
creates no barrier to inter-jurisdictional connectivity and is consistent with the Regional Plan. Approving the proposed resolution will begin the process with the County, State and Fair Board.
Mayor Williams asked if anyone in the audience would like to speak to this issue.
Robert Bogus, Naumes Real Estate Manager stated that they are looking forward to this process and the property being within the City limits. He recommends
leaving both options in the plan allowing the property owners to work with the
city.
Allen Broderick moved to approve Resolution No. 1471, Approving a Conceptual Land Use and Transportation Plan for CP-3, An Urban Area of
the City of Central Point, Oregon. Taneea Browning seconded. Roll call: Hank
Williams, yes; Bruce Dingler, yes; Taneea Browning, yes; Brandon Thueson, yes; Allen Broderick, yes; Rick Samuelson, yes; and Mike Quilty, yes. Motion approved.
VIII. BUSINESS A. Park Commission Appointment
Mayor Williams presented two applications for the vacancy on the Central Point Parks and Recreation Commission. He would like to recommend approval of
Dennis Browning who has background in construction.
Mike Quilty moved to appoint Dennis Browning to the Parks and Recreation
Commission with a term expiring December 31, 2019. Brandon Thueson
seconded. Roll call: Hank Williams, yes; Bruce Dingler, yes; Taneea Browning,
CAP090816 Page 4
City of Central Point City Council Minutes August 11, 2016
Page 4
abstain; Brandon Thueson, yes; Allen Broderick, yes; Rick Samuelson, yes; and Mike Quilty, yes. Motion approved.
B. Planning Commission Report – No Report
C. Final Review of a Cooperative Improvement Agreement between the
City of Central Point and the Oregon Department of Transportation for Improvement of Interstate 5, Exit 33 Northbound Off-Ramp
City Manager Chris Clayton explained that a previous draft of the proposed I-5
Exit 33 off-ramp cooperative improvement agreement was authorized by City Council in May. After review by the State of Oregon some final adjustments have
been proposed and staff felt that the Council should have the opportunity to
review once again before execution.
Mr. Clayton explained that the state recommends moving this project to a surface transportation project and the cost of the project was reduced. ODOT would like see the cost allocation set early in the process. This is in association with the
LUBA decision on the Costco appeal. He does not recommend executing the agreement until a decision has been made by LUBA regarding Costco.
There was discussion regarding the time line for the off ramp project if Costco moves forward and the next steps in the process. The applicants can pull permits
if LUBA upholds the approval for the project. However, the appellants can
continue the appeal by going to the Supreme Court. ODOT plans to set the funds aside because the ramp needs to be upgraded in the near future regardless of
the LUBA decision.
Allen Broderick moved to authorize execution of the Cooperative
Improvement Agreement between the City of Central Point and the Oregon Department of Transportation for Improvement of Interstate 5, Exit 33
Northbound Off-Ramp once we have a LUBA opinion. Mike Quilty seconded.
Roll call: Hank Williams, yes; Bruce Dingler, yes; Taneea Browning, yes; Brandon Thueson, yes; Allen Broderick, yes; Rick Samuelson, yes; and Mike Quilty, yes. Motion approved. D. Discussion of a Memorandum of Understanding for the 2017
Country Crossings Music Festival Parks and Public Works Director Matt Samitore explained that staff will be
working with the Expo and the County regarding an agreement of understanding
for the Country Music Festival in July, 2017. The purpose of the agreement is to clearly identify issues and solutions prior to the event. We would like to get the
concerns of the citizens addressed to the best of our ability with an agreement.
City Staff have reviewed the Cape Blanco Mass Gathering Permit which deals
with many of the same concerns the City and residents will have regarding this
size of an event at the Expo. Our preliminary concerns will be the site
CAP090816 Page 5
City of Central Point City Council Minutes August 11, 2016
Page 5
access/parking, public safety, event organization and communication and noise/event timing.
There was discussion about directing bike and pedestrian traffic to Upton Road where there are pedestrian and bike lanes to accommodate this amount of traffic.
Event planners are still working on parking options. We have been told that school parking lots will be used with a shuttle. The City has public parking lots
and a field that could be considered for additional parking.
We would like to coordinate Central Point Police and Jackson County Sheriff
regarding the needs for the event. Plans will be in place well before the event
with the needs, concerns, and resources that will be shared. Central Point staff would like to be included in the logistics and operation of the event for Police and
Public Work’s needs.
We would like to know the specifics on overall volume, as the current plan has
the main stage facing downtown. We want to work with the County to limit negative feedback from our residents.
Staff explained that we have been in discussions with the County Administrator and the Expo Manager regarding our concerns. There was discussion regarding how late the concerts currently go, and if we can set a limit of 11:00 pm.
Mr. Clayton explained that the County wishes to continue to be a good partner
with the city on these events but the Expo is not under our jurisdiction. We can
work with the County but we cannot set the rules on what can happen at the Expo. We are trying to be involved in as much of the planning as we can. Staff
have been attending several of the Country Festivals throughout the State in
order to know what Central Point can expect next year.
IX. MAYOR'S REPORT
Mayor Williams reported that he attended:
A meeting with Senator Wyden. They talked about charitable tax
deductions and how the government may be limiting them in the future.
A TRADCO meeting.
The Central Point Chamber Mixer at the Chamber office.
The Medford Water Commission meeting at the Duff Plant this week.
The D.A.R.E. show and shine and cruise. It was a very good event this
year.
X. CITY MANAGER’S REPORT City Manager Chris Clayton reported that:
The southwest corner of Pine and 2nd Street has been marked as if a bulb out corner were in place. This is in preparation for the Study Session on Monday night.
CAP090816 Page 6
City of Central Point City Council Minutes August 11, 2016
Page 6
The Combined Transport open house is tomorrow if any of the Council
plans to attend.
We received an asset recovery check from MADGE for our participation
on that team.
The COSTCO Appellants filed another brief with LUBA. The Costco
Attorney will respond to the latest brief. He explained the date of the
hearing may be extended by LUBA.
We have seen several of the LID payments come in over the last month.
This is a result of the Council waving the extra fees until the end of the year if paid in full.
XI. COUNCIL REPORTS
Council Member Mike Quilty reported that:
He met with Pacific Power about working on electric vehicle initiatives for
Clean Cities.
He will be in Klamath Falls on the 19th for an MPO Meeting. They will be
discussing a reduction of funds for Southern Oregon.
He is concerned about State Measure 97. He does not think it will be a
good step for Oregon.
Council Member Brandon Thueson reported that:
He participated in the LDS pear picking event for charity. He has been
spending hours picking pears. The LDS Church gives them to charity.
He was on a ride along with Officer Jones the other night when the crash
happened at the Little Pantry. His father-in-law was riding with Officer
Brown. He was very impressed with the reaction of Central Point Officers that night.
Council Member Rick Samuelson reported that his daughter participated in a soccer event in Portland over the weekend. Their team did very good and came
in third place.
Council Member Taneea Browning reported that:
Munch N Movies are going well. They attended the Star Wars Movie night and made light sabers. They are excited about Minions and making
book markers tomorrow night. The food vendors have been fantastic.
She attended her first D.A.R.E. cruise and couldn’t be happier. It was the
perfect event for our small town feel, and was exactly how she
remembers growing up. It was the perfect ending to an all Central Point Day after she perused the Barnstormers event at the Expo.
The Second Saturday Market is this weekend with five new vendors. Participation is up with the sponsorship of the Grange Co-op, the
chamber is able to wave vendor fees.
Greeters will be at Seven Oaks on August 16th.
CAP090816 Page 7
City of Central Point City Council Minutes August 11, 2016
Page 7
Council Member Allen Broderick reported that:
He attended the SOREDI meeting. They have a lot of new energy with the new manager on board. They have several projects in the works.
The city of Ashland will be asking the voters to approve shifting the Food and Beverage tax to be used for street maintenance.
Banner Bank says that lending is really busy right now.
Oregon has been voted the state with the most restrictive land use laws.
He had a great time visiting small towns in Oregon. He is now in favor of the bulb outs on Pine Street. All the cute downtowns have them. XII. DEPARTMENT REPORTS
Parks and Public Works Director Matt Samitore reported that:
The paving project for Hamrick/Vilas should be complete tonight. They
will be painting in a few weeks.
He will be bringing a Resolution of Intent to Condemn property around the
Twin Creeks Crossing. It will be necessary for us to purchase some property for the crossing.
Skyrman Park is almost done with Phase 1. He is looking forward to other phases being funded and complete.
Captain Dave Croft reported that:
SRO Godley did a great job organizing the D.A.R.E. Show and shine and
cruise this year. There were 190 cars at the show and shine and 100 for the cruise. The event raised approximately $7,000 for D.A.R.E. in our
Central Point Schools.
The City received $15,000 in asset forfeiture money from MADGE. They
hope to use this money for a canine dog.
Two officers are graduating in Salem tomorrow, and two more in October.
Our officers did a great job protecting our citizens during the Medford Car Chase that caused a fatality on our city boundary.
Finance Director Steven Weber reported that:
They have received some payments from the LID’s and several calls
regarding pay off amounts for some of the LID’s on Snowybutte Lane.
Staff is working on the Audit.
There will be a Transient Occupancy Tax audit for LaQuinta again this year. They want to make sure they improved their record keeping.
Community Development Director Tom Humphrey reported that:
Permits have been issued for the new veterinarian office by the Super 8
Motel.
Staff is expecting plans for a new Rogue Credit Union Building
He will be attending his first Airport Advisory meeting next week.
CAP090816 Page 8
City of Central Point City Council Minutes August 11, 2016
Page 8
City Attorney Dan O’Conner reported that the Costco LUBA appeal is difficult because the appellants have no regard for other people’s time. We are hoping
that LUBA will dismiss the latest motion from the appellants.
XIII. EXECUTIVE SESSION - None
XIV. ADJOURNMENT
Mike Quilty moved to adjourn, Allen Broderick seconded, all said “aye” and the Council
Meeting was adjourned at 9:15 p.m.
The foregoing minutes of the August 11, 2016, Council meeting were approved by the City Council at its meeting of September 8, 2016.
Dated: _________________________
Mayor Hank Williams
ATTEST:
__________________________ City Recorder
CAP090816 Page 9
155 South Second Street. Central Point, OR 97502 Kristine AIIison
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Ph: (541) 664-5578 . Fax: (541) 664-2705. wvvw.centralpointoregon.gov
Date: 0810912016
From: Chief Kristine AllisonTo: Honorable Mayor Williams
Subject: Request for OLCC License
RE: 7-Eleven #18155K / Persons associated therewith
Files of the Central Point Police Department contain no information pertinent to the
request.
Chief Kristine Allison
Central Point Police Department
Chief
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G RAY ROBINSONI SulrE 600
301 S. BRoNoucn SrREEr (32301)
Posr OFFICE Box 1l 189
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rw850-222-7717
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ATTORNEYS AT LAW
Alyssa Brooks
Licensing Specialist
850-s77.9090
ALySSA, BROOKS@CRAY-ROBINSON.COM
August 4,2016
VIA FEDEX
Deanna Casey
City Recorder
City of Central Point
140 South 3rd Street
CentralPoint, OR 97502
54r-664-3321
Re: Change of Ownership for 7-Eleven #18155K - AlcoholRecommendation
Dear Ms. Casey:
Please find enclosed a Change of Ownetship Application from the OLCC for the 7-Eleven store
located at 345 Front Street, The franchisee that was operating this store walked out and now 7-Eleven,
Inc. will take over operations, Please process the local recommendation for this change, I've included a
return onvelope for you to send the completed forms back to me,
If you have any questions or need additional information, I can be reached by phone at (850) 577-
6962 or via e-mail at alyssa.brooks@.gray-robinson,com. Thank you for your assistance.
Sincerely,
Alyssa Brooks
Licensing Specialist
AB/AB
Enclosure
www. gray -robinson, com
CAP090816 Page 11
LÌquor Conttol ConunissÌon
Ka tc [J¡orvn, L;(ì\'cnìor
August 3, 2016
Alyssa Brooks, Llcenslng Specialist
301 S, Bronough Street, Sle, 600
Tallahassee, FL 32301
RE: 7-Eleven, Inc.
7-ELEVEN #181ssK (OPS)
345 South Front Street
Central Point, Oregon 97502
Dear Alyssa
The Commission has accepted your liquor license application for an Off-Premlses Sales, In order
to process the appfication to issue the annualOff-Premises Sales license, please provide the
followlng documentation :
1. Líquor license applicatlon to be endorsed by clty of Central Point loc¡ted at the Clty
of Central Polnt City Hall, Clty Recorder, 140 South 3'd Street, Central Poínt, Oregon
97502. Their telephone number is (54f )664-3321, (ATTACHMENT A-t)
Please be advised as soon as I have received the records check back for Mindy Thornsbury,
Manager for the 7-Eleven #181855K store in Central Point Oregon, I can issue the 90 Day
Temporary Authority-To-Operate. I will contact you as soon as I have recefved confirrnation the
background check has been completed,
If you have any questions Alyssa, please give me a call at (541)776-6192 to dtscuss,
I thank you in advance for your prompt attentfon to thls matter,
Eddie Regulatory Specialist
Ste, A
97504
( s41 192 - telephone
188 - fax(s41
eçl(þ. gonzalez@orç_qo n, oov
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CAP090816 Page 12
OREGON LIQUOR CONTROL COMMISSION
LIQUOR LICENSE APPLICATION
LICENSE TYPES
Full On-Prernises Sales ($a02.60/Yr)
Commerclal Establishment
Caterer
Passenger Carrler
Olher Public Location
Prlvate Club
Limlted On-Premises Sales ($202.60/yr)
Off-Premlses Sales ($100/y0
Iwith Fuel Pumps
Brewery Public House ($252,60)
Winery ($250/yr)
ACTIONS
Change Ownershlp
New Outlet
Grealer Prlvllege
Additional Privileoe.
other 4 /TÃr/
trtrtrnB
trE
gO.OAY AUTHORITY
I Cnecf here if you are applylng for a change of ownershlp at a business
that has I current liquor license, or if you are applying for an Off-P¡emises
Sales license and are requesting a 90-Day TemporaryAuthority
APPLYING AS:
fi Corporation Ðt¡mitø Liabiilty IlndivtdualsCompany
1. Entity or lndividuals applying for lhe license: [See SECTION 1 of the Guidel
6 7-Eleven, lnc. @
CITY AND COUNTY USE ONLY
Date application received: f/e/tt
The City Councll or County Commlssion:
(nams of city or county)
recommends that thls llcen¡e bel
O Granted O Denled
By:
n."n.''l','Ë'L K, r,^tr [ [,j'"å*
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oLcc
ty:
@@
2. Trade Name 7-Elevon #18156K
3, Business 345 Central Point Jackson OR 97502
slrset,(clly) (countyl
4, Business Mailing Address:l$lng' P'O' Box 711, Dallas' TX 75221
(PO box, number, slreet, rural rout6) (cìty) (stare) (Zlp cods)
5. Business (541) 662-2211
(phone)
6. ls the business at thls location currently licensed by OLCC? EIYes ENo
7. lf yes to whorn:Roger Petery of License: Beer and Wlne Off Premlses
(fax)
8. Former Business 7-Eleven #18155O
9, Will you have a manager?$Yes Etto Name: MindYThornsbury
10. What is the local governing body where your business ls located?Central Poinl
11 . Contact person for thís ap Alyssa Brooks
301 S. Bronoush Sr, Sre. OOO, Tailahass(åêiËL ara01
(managâr musl flll out an lndlvldual History form)
(name of city or county)
(850) 577-6962
(phon€ numbe(s))
alyssa.brooks@gray-robinson,com
(âddråes) (fax number)
I understand that if my answers are not true and complete, the OLCC may
A
.FìEEEI.VED(o-msll addr€ss)
[ì'.ìtr]
Date-1ô
s)
1-800-452-OLCC (6522) . www.oregon.gov/olcc OREGON LIOUOF
coNTROL COMMISSION lê% 08r20tr)
CAP090816 Page 13
Resolution
Rogue Disposal Franchise
CAP090816 Page 14
STAFF REPORT
September 8th, 2016
AGENDA ITEM: Review of Rogue Disposal & Recycling’s 20-year performance audit, fifth
anniversary rate adjustment, and request for 5-year franchise agreement extension.
STAFF SOURCE:
Chris Clayton, City Manager
BACKGROUND/SYNOPSIS:
The Franchise Agreement between the City of Central Point and Rogue Disposal requires City
Council approval of a 20-Year Performance Audit, Fifth Anniversary Rate Adjustment and 5-Year
Franchise Agreement Extension. The 20-year Performance Audit, Fifth Anniversary Rate
Adjustment and request for Franchise Agreement Extension must be reviewed by the City to ensure
accuracy and that all the provisions of the franchise agreement are satisfied. Having reviewed Rogue Disposal & Recycling’s proposed requests, I have found the calculations to be
accurate/reasonable and the relevant conditions of the franchise agreement to be satisfied.
20-YEAR PERFORMANCE ADUIT REVIEW
Article 7 of the City’s Solid Waste Franchise Agreement directs as follows:
In connection with each Fifth Anniversary Rate Review conducted during the Term of this
Agreement pursuant to Section 7.2, a Performance Audit of the Contractor shall be conducted as set forth below. Each Performance Review shall be commenced and complete during the same period
of time that the related Fifth Anniversary Review is commenced and completed.
A.Nature and Scope. The Performance Audit shall:
(i)Be performed by a qualified certified public accounting or other nationally
recognized solid waste industry consulting firm to be selected by the City and
agreed to by the Contractor.
(ii)Be paid for by the Contractor (with the cost thereof constituting an AllowableExpense for purposes of this Agreement).
(iii)Address all appropriate areas, including those areas requested or identified by the
City as well as those listed below, and shall provide specific recommendations, as
appropriate, for improvement in each area:
(a)Compliance with the terms of this agreement and applicable codes, laws,
and regulations.
(b)Overall organizational structure and management systems and procedures.
ADMINISTRATION DEPARTMENT 140 South 3rd Street · Central Point, OR 97502 · (541) 664-7602 · www.centralpointoregon.gov
CAP090816 Page 15
(c)Staffing practices, including the deployment of management and
supervisory personnel.
(d)Financial management practices, including the Contractor's billing andCollection system and its policies with regard to uncollected accounts.
(e)Personnel management practices, including compensation policies and the
resolution of employee grievances.
(f)Employee job and safety training with respect to the management ofHazardous Waste to the extent necessary to enable Contractor's employees
to make initial identifications of Hazardous Waste and to ensure that
Hazardous Waste inadvertently collected by Contractor within the
Franchise Area is properly handled and disposed.
(g)Procedures for receiving and resolving customer complaints and concerns,
including damage to customer-owned containers and disappearance of
container covers.
(h)Procedures for the acquisition, maintenance and replacement of equipment;types of equipment; rationale for recent capital investments; and financing
options.
(i)Utilization and management of facilities.
(j)Comparison with practices of solid waste collection companies in Oregon
conducting operations and providing services similar to those of Contractor
under this Agreement and operating in communities similar to the City and
comparison with accepted industry standards in the State of Oregon.
(k)An analysis of the financial and rate impact of any recommendations made
by the consultant conducting the Performance Audit.
Contractor is expected to cooperate fully with the Performance Audit, and provide all operational, financial and other information deemed reasonable and necessary by the City for purposes of
conducting the Performance Audit. Contractor's failure to cooperate or track or provide all
information necessary to conduct the Performance Audit shall be considered an event of default.
The results of the Performance Audit shall be compiled in a report prepared by the consulting firm
selected to conduct the Performance Audit, which report shall be delivered in writing simultaneously to both the City and the Contractor.
FIFTH YEAR ANNIVERSARY RATE REVIEW:
Article 7 of the City’s Solid Waste Franchise Agreement directs as follows:
Unless otherwise agreed to in writing by the City and the Contractor, a rate review (herein called a
"Fifth Anniversary Rate Review") shall be conducted by the City and Contractor so as to make any
necessary adjustment to the Approved Service Rate Schedule effective as of each Fifth
CAP090816 Page 16
Anniversary. The Contractor shall provide to the City the information needed for a Fifth Anniversary Rate Review not less than 135 days prior to the related Fifth Anniversary. Within 45 days of the date upon which the Contractor provides the City with the information needed for the
Fifth Anniversary Rate Review, the City shall notify the Contractor in writing as to whether the
City accepts such information as complete or specifying any respect in which the City deems such
information incomplete or deficient. Failure of the City to so notify the Contractor within such 45-day period that the information is incomplete or deficient shall constitute acceptance by the City of such information as complete, which deemed acceptance shall be effective as of such 45th day. The
City staff shall review such information and complete all its deliberations in connection therewith
within 45 days from the date of acceptance or deemed acceptance by the City of the information
provided by the Contractor. Not later than the next regularly scheduled City Council meeting following the end of such 45-day period, the City staff shall place on the City Council meeting agenda a presentation of its recommendations for consideration by City Council, and the City
Council shall thereafter act without undue delay to approve or disapprove any proposed adjustment
to the Approved Service Rate Schedule. Upon the request of the City or the Contractor, the
foregoing time. periods may be extended for such additional period of time as the parties shall mutually agree.
A rate review (herein called a "Requested Rate Review") shall be conducted by the City and the
Contractor at any time at the written request of either party (the date of any such written request
being herein called the "Request Date"). The Contractor shall provide to the City the information needed for a Requested Rate Review within 90 days following the Request Date. Within 45 days of the date upon which the Contractor provides the City with the information needed for the
Requested Rate Review, the City shall notify the Contractor in writing as to whether the City
accepts such information as complete or specifying any respect in which the City deems such
information incomplete or deficient. Failure of the City to so notify the Contractor within such 45-day period that the information is incomplete or deficient shall constitute acceptance by the City of such information as complete, which deemed acceptance shall be effective as of such 45th day. The
City staff shall review such information and complete all its deliberations in connection therewith
within 45 days from the date of acceptance or deemed acceptance by the City of the information
provided by the Contractor. Not later than the next regularly scheduled City Council meeting following the end of such 45-day period, the City staff shall place on the City Council meeting agenda a presentation of its recommendations for consideration by City Council, and the City
Council shall thereafter act without undue delay to approve or disapprove any proposed adjustment
to the Approved Service Rate Schedule. Upon the request of the City or the Contractor, the
foregoing time periods may be extended for such additional period of time as the parties shall mutually agree.
Information Required for Rate Reviews. In connection with the Initial Rate Review, each Fifth
Anniversary Rate Review and each Requested Rate Review, each of the following items shall be
provided by Contractor to the City at no expense to the City, and in the form prescribed by this Agreement:
i)To the extent not previously provided to the City, audited financial statements for the
three years immediately preceding the year in which the rate review is conducted, which
financial statements shall show the Gross Revenue derived by Contractor from 2Z theservice provided by it in the Franchise Area pursuant to this Agreement separate from
the revenues derived by Contractor from any and all other Contractor operations.
CAP090816 Page 17
ii)Gross Revenues and Franchise Expenses for the prior three fiscal years by program,Gross Revenues and Franchise Expenses to date for the current fiscal year by program,and projected Gross Revenues and Franchise Expenses for the remainder of the current
year and ensuing three (3) years by program.
iii)Number of customers and bad debts in each Rate Category.
iv) Total costs and allocation methods for Franchise Expenses shared with non-franchise
services, Operations or activities.
v) To the extent not already provided above or disclosed in the Contractor's- auditedfinancial statements previously presented to the City, related party transactions betweenthe Contractor and its affiliates as determined in accordance with generally accepted
accounting principles.
vi) Organization chart reflecting current staffing, job description and salary schedules.
vii)Contractor’s depreciation and equipment replacement schedules.
viii)Schedule of rates charged at each Disposal Site used by the Contractor along with
tonnages disposed at each Disposal Site.
ix)A survey of collection rates of and services provided by certain other collection and
disposal companies to be agreed upon by City and Contractor.
x)Operational data for the services to be provided by Contractor under this Agreement.
xi)A proposed service fee (rate schedule) for each Rate Category, together with a rationale
for how these rates were determined based on the Contractor’s calculated Franchise
Expenses and Operating Margin and the number and type of services within each Rate
Category.
xii)Such other information as the City or the Contractor may deem necessary.
Rate Review Process. In connection with each rate review under this Section 7.2, any proposed
adjustments to the Approved Service Rate Schedule shall be considered by the City Administrator, who shall thereafter make a recommendation to the City Council regarding the proposed
adjustment, which recommendation shall propose an adjustment in accordance with the terms,
provisions and requirements set forth in this Agreement. The City Administrator shall do the
following in reviewing a proposed adjustment to the Approved Service Rate Schedule: 28
i)Take into consideration the Franchise Expenses, any performance incentives and
sanctions, rate comparability, and the reasonableness of costs and other information as
the City Administrator determines to be appropriate. As used in this subsection,
performance incentives and sanctions refer to arrangements that the City and the
Contractor may enter into in the future such as: an incentive to the provider of aRecycling service to allow the service provider to keep an increasing percentage of
revenues as larger amounts (or a wider range) of materials are Recycled; or a sanction
CAP090816 Page 18
consisting of liquidated damages, as specified in a written agreement, that are assessed against the service provider for failure to meet specified diversion goals.
ii)When determining the amount of Gross Revenues required to be produced by the
Approved Service Rate Schedule, use the following equation:
Gross Revenues = (Franchise Expenses) + (Operating Margin)
City Council Approval. Upon receipt of the City Administrator’s recommendation, the City
Council of City shall determine whether to approve by resolution any change in the Approved
Service Rate Schedule
FRANCHISE EXTENSION REQUIRMENTS:
Article 3 of the City’s Solid Waste Franchise Agreement directs as follows:
On every fifth anniversary, and continuing until such time as the Term of this agreement expires
and is not extended, the City shall notify the Contractor in writing whether or not the City, in its
dole discretion, elects to extend the Term of this agreement for an additional five (5) years beyond the then current date (an “extension period”). If the City so elects to extend the term of this agreement for an extension period, and the contractor accepts such extension by a writing delivered
to the city, then the term of this agreement shall be extended for an additional five (5) years beyond
the then current expiration date.
FISCAL IMPACT:
Beginning January 1st, 2017 the proposed fifth anniversary rate adjustment has the following impact
on Central Point residential customers:
35-gallon cart @ curb $19.08/per month – Net Change (+$2.05)
65-gallon cart @ curb $31.98/per month – Net Change (+$3.39)
95-gallon cart @ curb $44.88/per month – Net Change (+$4.76)
*Commercial and specialty rate information is included in the attached rate schedule (Exhibit C).
ATTACHMENTS:
1. Rogue Disposal & Recycling request/notification letter.
2. 5-year rate review presentation/slides.
3. Exhibit C - 2017 adjusted rate schedule information.
4. Resolution approving 20-Year Performance Audit, Fifth Anniversary Rate Adjustment and5-Year Franchise Agreement Extension.
RECOMMENDATION:
1. Provide additional comments to Rogue Disposal and Recycling on their requested action.
2. Adopt resolution approving Rogue Disposal and Recycling’s 20-Year Performance Audit,proposed Fifth Anniversary Rate Adjustment (effective January 1st, 2017) and 5-Year
Franchise Agreement Extension.
PUBLIC HEARING REQUIRED:
A public hearing is not required but allowing public comment is appropriate.
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SUGGESTED MOTION:
I move to adopt resolution number _____ approving the Rogue Disposal and Recycling’s 2017
proposed rate adjustment.
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5 Year ReviewCity of Central PointPresented August 11, 20165 Year ReviewThe ProcessAcceptance of Performance Audit(Maul, Foster, Alongi)Acceptance of Periodic Rate Adjustment Report (Wilson Consulting)Opportunity to adjust rates based on findings of rate reportApproval of 5 year franchise extension(January 2022 to December 2027)CAP090816Page 22
Protect public and environmental health, welfare and safety through adherence to federal, state and local regulations and environmental goals.Provide consistent services and a regulated rate structure for citizens of Central Point, managed in an environmentally responsible manner.Solid Waste System GoalsResidential Waste Customers: 5,899Commercial Waste Customers: 192Industrial Waste Customers: 18RDR Customer Breakdown-Central PointCAP090816Page 23
Residential Recycling Customers: 5,215Commercial Recycling Customers: 48Green Waste Subscribers: 3,008(51% of residential customers subscribe to green waste service.)RDR Customer Breakdown-Central PointEnvironmental StewardshipWe are committed to . . . Fleet Conversion to Compressed Natural Gas (CNG)New CNG fueling stationCAP090816Page 24
Community PartnershipsWe are committed to . . . Jackson County Recycling Partnership (JCRP)A collaborative approach to meeting DEQ recycling mandates in the Rogue ValleyHousehold Hazardous Waste (HHW) ProgramServing Rogue Valley residents for over 25 years25% increase in recyclables collected over the previous 5 year review periodRecycling Challenges CAP090816Page 25
Demand formaterial in decline globally, prices plummetRecycling Challenges Supply vs. demand crisis – the new normal?Recycling Challenges CAP090816Page 26
Potential (new) DEQ program requirements:Carpet, waste plastics and other recycling requirementsIncreased commercial and multi-family recyclingExpanded education and outreach requirementsRecycling contamination standardsRecycling Challenges Projected growth vs. actual growthEconomic Growth Challenges CAP090816Page 27
Projected growth vs. actual growthEconomic Growth Challenges CPI has not tracked with cost drivers for our industryCPI Challenge CAP090816Page 28
Green Waste RateMultiple Can DiscountMobile Home Park RateTotal Impact +3.7%Past Decisions Have Helped Rate anomalies addressed in 2015 - impactsKey Assumptions for2016 - 2020In light of the challenges of the last five years, we have made the following assumptions, in order to better prepare for economic and regulatory impacts in the future:Rationale for CPI projections (2016-2020)Rationale for Organic Growth projectionsAssumptions about recycling marketsThe need to establish commercial recycling ratesCAP090816Page 29
Establish a rate for commercial commingle recycling service.Cost would be $9.60 per month for a commercial customer using a 65 commingle cartCost would be $49.96 per month for a commercial customer using a 2 yard commingle container, serviced once a weekThis will impact a total of 48commercial recycling customers in Central Point Commercial Recycling RateWhat does this mean for our customers?Examples:+ $2.05 per month for a residential customer using a 35 gallon trash cart (most commonly subscribed to service level)+ $17.94 per month for a commercial customer using a 2 yard container, serviced once per week+ .78 cents per month for a residential customer using subscription green waste serviceRevisions to Schedule of Approved RatesCAP090816Page 30
Impact ontypical Residential Customer $2.05 per monthRevisions to Schedule of Approved RatesResidential 35 gallon trash cart with recycling State-wide Rate ComparisonsCAP090816Page 31
Commercial 2 yard State-wide Rate ComparisonsState-wide Rate Comparisons20 yard roll off boxCAP090816Page 32
Request for Council ActionAcceptance of Performance Audit(Maul, Foster, Alongi)Acceptance of Periodic Rate Adjustment Report (Wilson Consulting)Approval of 5 year franchise extensionApproval of new Rate Schedule to be effective January 1, 2017, including new rate for commercial recycling serviceQuestions?Thank you for the privilege of serving your communityCAP090816Page 33
Solid Waste & Recycling Collection Periodic Rate Adjustment
City of Central Point, Oregon
Page 38
Exhibit C – Requested Rate Schedule
DROP BOX SERVICE RATES
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Solid Waste & Recycling Collection Periodic Rate Adjustment
City of Central Point, Oregon
Page 39
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Solid Waste & Recycling Collection Periodic Rate Adjustment
City of Central Point, Oregon
Page 40
Exhibit D – Existing Rate Schedule
DROP BOX SERVICE RATES
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Solid Waste & Recycling Collection Periodic Rate Adjustment
City of Central Point, Oregon
Page 41
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RESOLUTION NO. _______
A RESOLUTION APPROVING THE ROGUE DISPOSAL &
RECYCLING, INC. 20-YEAR PERFOMANCE AUDIT, FIFTH ANNIVERSARY
RATE ADJUSTMENT AND FIVE YEAR FRANCHISE EXTENSION PURSUANT
TO ARTICLE 7 OF THE SOLID WASTE AGREEMENT.
RECITALS:
1.The City and Rogue Disposal & Recycling, Inc. (Rogue Disposal) entered into a
Solid Waste Collection Franchise Agreement in 1996, including subsequent
amendments.
2.The purpose of the agreement is to obtain the benefits of the franchise fee for theuse of the city’s right-of-way and to establish rights and procedures for use of theright-of-way and to approve the rates established by Rogue Disposal;
3.Rogue Disposal has requested an extension of the franchise as permitted inSection 3.1b of the Solid Waste Franchise agreement to December 31st, 2027
4.A 20-year performance audit (Maul, Foster & Alongi report) has been submitted
for approval in accordance with Article 7 of the agreement, and a fifth anniversary
rate increase (Wilson Consulting report), as depicted in Exhibit C, has beenrequested.
Section 1. 20-Year Performance Audit: Pursuant to Article 7 of the City’s Solid Waste Franchise Agreement the 20-year performance audit submitted by Rogue Disposal,
effective as of January 1st, 2017 is approved.
Section 2. Pursuant to Article 7 of the City’s Solid Waste Franchise Agreement the Fifth
Anniversary Rate Increase: The fifth anniversary rate adjustment, as depicted in Exhibit
C, is approved effective January 1st, 2017.
Section 3. Pursuant to Section 3.1 of the City’s Solid Waste Franchise Agreement, the term of the agreement is extended to December 31st, 2027.
Passed by the Council and signed by me in authentication of its passage this _____ day of _____________________, 20___.
__________________________
Mayor Hank Williams
ATTEST:
_____________________________
City Recorder
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Resolution
Eminent Domain for Twin
Creeks Crossing
CAP090816 Page 39
Parks & Public Works Department
Matt Samitore, Director
140 South 3rd Street | Central Point, OR 97502 | 541.664.7602 | www.centralpointoregon.gov
DATE: August 29, 2016 TO: Honorable Mayor and City Council
FROM: Matt Samitore, Parks & Public Works Director
SUJECT: Potential Eminent Domain for Twin Creeks Rail Crossing Project
PURPOSE:
Adopt a resolution authorizing the potential use of eminent domain for temporary construction
easements, permeant slope easements and necessary right of way for the Twin Creeks Rail Crossing Project.
SUMMARY:
In 2013, the City received funding from the State of Oregon Enhance It Program (STIP) to
create a new “at grade” rail crossing at Twin Creeks Crossing and Highway 99. The project
will create a center turn lane, sidewalks and bike lanes, although, no on-street parking will be
allowed within the project limits. Before constructing the above-described improvements, there
is a need to obtain slope easements and temporary construction easements from three specific properties: (1) School District 6, (2) Pacific Power, and (3) the Labor Temple. The City
hopes to obtain the School District Property via a donation and only requires a 5’ slope
easement from Pacific Power because a 10’ general easement already exists on their
property. As for the third property, a small portion of the Labor temple’s property is also
needed for a construction easement to rebuild the sidewalks.
The largest right of way acquisition involves the Davidson property which is located between
Griffin Creek and the Pacific Power Substation. The project needs the Davidson property area
to accommodate the storm water management required for this project. A full property take or
acquisition is needed because this property has development challenges that prevent any reasonable land use following easement acquisition.
How the process works is that the City’s Engineering Consultant, TYLIN, Inc,. hires a right of
way consultant/agent. The consultant then retains an independent appraiser to come up with
values for the entire property, a permanent easement and the temporary construction easement. The appraisals are then sent to ODOT for review to ensure they are accurate.
Subsequently, an offer is then made to the property owner.
If after our review if we do not agree with the submitted objections, the property owner has a
right to hire their own appraiser. Based upon the second appraisal, negotiations usually occur to find a reasonable difference. If multiple rounds of negotiations fail to produce a settlement,
the case will be referred to a court for adjudication.
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The City has completed many federally funded projects including: Oak Street Parking Lot, Senior Central Parking Lot, Freeman Road, 9th Street Reconstruction, etc. Each of these projects has required a similar resolution of intent for right of way acquisition.
EXHIBITS:
Exhibit A: Permanent Slope Easements for three properties Exhibit B: Title and Documentation on Davidson Property and Map showing remainder parcel
after project storm water needs.
RECOMMENDATION: Approve the resolution authorizing the potential use of eminent domain if compensation with neighboring properties cannot be agreed upon on for Twin Creeks Rail Crossing project.
CAP090816 Page 41
RESOLUTION NO. ______________
A RESOLUTION EXERCISING THE POWER OF EMINENT DOMAIN
FOR THE TWIN CREEKS CROSSING
Recitals:
A. The City of Central Point may exercise the power of eminent domain pursuant to
City Charter and the Laws of the State of Oregon generally, when the exercise of such power is deemed necessary by the City’s governing body to accomplish
public purposes for which City has responsibility.
B. City has the responsibility of providing safe transportation routes for commerce,
convenience and to adequately serve the traveling public.
C. The project or projects known as Twin Creeks Crossing Improvements have been
planned in accordance with appropriate engineering standards for the
construction, maintenance or improvement of said transportation infrastructure
such that property damage is minimized, transportation promoted and travel safeguarded.
D. To accomplish the project or projects set forth above it is necessary to acquire the
interests in the property described in “Exhibit A and B” attached to this resolution
and, by this reference incorporated herein.
The City of Central Point resolves as follows:
Section 1. The foregoing statements of authority and need are, in fact, the case. The
project or projects for which the property is required and is being acquired are necessary in the public interest, and the same have been planned, designed, located, and will be constructed in a manner which will be most compatible with the greatest public good and
the least private injury.
Section 2. The power of eminent domain is hereby exercised with respect to each of the interests in property described in Exhibit A and B. Each is acquired subject to payment
of just compensation and subject to procedural requirements of Oregon law.
Section 3. The City’s staff and the City Attorney are authorized and requested to attempt
to agree with the owner and other persons in interest as to the compensation to be paid for each acquisition, and, in the event that no satisfactory agreement can be reached, to
commence and prosecute such condemnation proceedings as may be necessary to finally
determine just compensation or any other issue appropriate to be determined by a court in
connection with the acquisition. This authorization is not intended to expand the
jurisdiction of any court to decide matters determined above or determinable by the Council.
CAP090816 Page 42
Section 4. City expressly reserves its jurisdiction to determine the necessity or propriety
of any acquisition, its quantity, quality, or locality, and to change or abandon any
acquisition.
Passed by the Council and signed by me in authentication of its passage this ______ day of ____________, 2016.
___________________________________
Mayor Hank Williams ATTEST:
______________________________
City Recorder
CAP090816 Page 43
PAGE 1 OF 2
EXHIBIT ‘A’
SLOPE EASEMENT
CENTRAL POINT HIGH SCHOOL
TAX LOT 372W03DB-100
A TRACT OF LAND LOCATED IN THE SOUTHEAST ONE-QUARTER OF SECTION 3, TOWNSHIP 37
SOUTH, RANGE 2 WEST, WILLAMETTE MERIDIAN, IN THE CITY OF CENTRAL POINT, JACKSON
COUNTY, OREGON AND BEING A PORTION OF THAT PROPERTY DESCRIBED IN THE WARRANTY
DEED TO JACKSON COUNTY SCHOOL DISTRICT NO.6 RECORDED ON JUNE 10, 1950 IN VOLUME
335, PAGE 121 JACKSON COUNTY RECORDS.
SAID TRACT BEING THAT PORTION OF SAID PROPERTY INCLUDED IN A STRIP OF LAND
VARIABLE IN WIDTH, LYING ON THE NORTHEASTERN SIDE OF THE CENTERLINE OF ROGUE
VALLEY HIGHWAY (US HIGHWAY 99) DESCRIBED AS FOLLOWS:
BEGINNING AT ENGINEERS CENTERLINE STATION 535+00;
THENCE SOUTH 35°26’06” EAST, 2,435.16 FEET TO ENGINEERS CENTERLINE STATION
559+35.16
THE WIDTH OF SAID STRIP OF LAND IS AS FOLLOWS:
FROM STATION TO STATION OFFSET
554+34.24 559+24.24 65.00 LEFT TO 68.00 LEFT
SAID TRACT CONTAINS 1,095 SQUARE FEET, MORE OR LESS, OUTSIDE THE EXISTING RIGHT-
OF-WAY.
SAID TRACT IS DEPICTED ON PAGE 2 OF THIS EXHIBIT.
BEARINGS BASED ON THE OREGON COORDINATES REFERENCE SYSTEM, GRANTS PASS TO
ASHLAND ZONE NAD 1983[2011 EPOCH 2010] AS DEPICTED COUNTY SURVEY #####.
CAP090816 Page 44
EXHIBIT 'A'
SLOPE EASEMENT
CENTRAL POINT HIGH SCHOOL
TAX LOT 372W03DB-100
PAGE 2 OF 2
AUGUST 17, 2016
ORION GEOMATICS / TWIN CRK BNDY.DWG
SCALE 1" = 80'
CAP090816 Page 45
PAGE 1 OF 2
EXHIBIT ‘A’
SLOPE EASEMENT
PARCEL 2, PARTITION PLAT P-95-93
TAX LOT 372W03BD-1000
A TRACT OF LAND LOCATED IN THE WEST ONE-HALF OF SECTION 3, TOWNSHIP 37 SOUTH,
RANGE 2 WEST, WILLAMETTE MERIDIAN, IN THE CITY OF CENTRAL POINT, JACKSON COUNTY,
OREGON AND BEING A PORTION PARCEL 2 OF PARTITION PLAT P-95-93 RECORDED ON
NOVEMBER 12TH, 1995 JACKSON COUNTY RECORDS.
SAID TRACT BEING THAT PORTION OF SAID PROPERTY INCLUDED IN A STRIP OF LAND
VARIABLE IN WIDTH, LYING ON THE NORTHEASTERN SIDE OF THE CENTERLINE OF ROGUE
VALLEY HIGHWAY (US HIGHWAY 99) DESCRIBED AS FOLLOWS:
BEGINNING AT ENGINEERS CENTERLINE STATION 535+00;
THENCE SOUTH 35°26’06” EAST, 2,435.16 FEET TO ENGINEERS CENTERLINE STATION
559+35.16
THE WIDTH OF SAID STRIP OF LAND IS AS FOLLOWS:
FROM STATION TO STATION OFFSET
547+69.24 548+71.24 57.00 LEFT TO 68.00 LEFT
SAID TRACT CONTAINS 325 SQUARE FEET, MORE OR LESS, OUTSIDE THE EXISTING RIGHT-OF-
WAY.
SAID TRACT IS DEPICTED ON PAGE 2 OF THIS EXHIBIT.
BEARINGS BASED ON THE OREGON COORDINATES REFERENCE SYSTEM, GRANTS PASS TO
ASHLAND ZONE NAD 1983[2011 EPOCH 2010] AS DEPICTED COUNTY SURVEY #####.
CAP090816 Page 46
EXHIBIT 'A'
SLOPE EASEMENT
PARCEL 2, PARTITION PLAT P-95-93
TAX LOT 372W03BD-1000
PAGE 2 OF 2
AUGUST 17, 2016
ORION GEOMATICS / TWIN CRK BNDY.DWG
SCALE 1" = 30'
CAP090816 Page 47
PAGE 1 OF 2
EXHIBIT ‘A’
SLOPE EASEMENT
PACIFIC POWER AND LIGHT
TAX LOT 372W03B-1502
A TRACT OF LAND LOCATED IN THE WEST ONE-HALF OF SECTION 3, TOWNSHIP 37 SOUTH,
RANGE 2 WEST, WILLAMETTE MERIDIAN, IN THE CITY OF CENTRAL POINT, JACKSON COUNTY,
OREGON AND BEING A PORTION OF THAT PROPERTY DESCRIBED IN THE WARRANTY DEED TO
PACIFIC POWER AND LIGHT COMPANY ON RECORDED ON APRIL 2, 1976 AS DOC. NO. 76-06114
JACKSON COUNTY RECORDS.
SAID TRACT BEING THAT PORTION OF SAID PROPERTY INCLUDED IN A STRIP OF LAND
VARIABLE IN WIDTH, LYING ON THE NORTHEASTERN SIDE OF THE CENTERLINE OF ROGUE
VALLEY HIGHWAY (US HIGHWAY 99) DESCRIBED AS FOLLOWS:
BEGINNING AT ENGINEERS CENTERLINE STATION 535+00;
THENCE SOUTH 35°26’06” EAST, 2,435.16 FEET TO ENGINEERS CENTERLINE STATION
559+35.16
THE WIDTH OF SAID STRIP OF LAND IS AS FOLLOWS:
FROM STATION TO STATION OFFSET
547+69.24 548+71.24 57.00 LEFT TO 68.00 LEFT
548+71.28 550+25.22 68.00 LEFT TO 70.00 LEFT
550+25.22 550+50.00 70.00 LEFT
SAID TRACT CONTAINS 2,675 SQUARE FEET, MORE OR LESS, OUTSIDE THE EXISTING RIGHT-
OF-WAY.
SAID TRACT IS DEPICTED ON PAGE 2 OF THIS EXHIBIT.
BEARINGS BASED ON THE OREGON COORDINATES REFERENCE SYSTEM, GRANTS PASS TO
ASHLAND ZONE NAD 1983[2011 EPOCH 2010] AS DEPICTED COUNTY SURVEY #####.
CAP090816 Page 48
EXHIBIT 'A'
SLOPE EASEMENT
PACIFIC POWER AND LIGHT
TAX LOT 372W03B-1502
PAGE 2 OF 2
AUGUST 17, 2016
ORION GEOMATICS / TWIN CRK BNDY.DWG
SCALE 1" = 30'
CAP090816 Page 49
Exhibit B
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Exhibit B
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Business
2015/16 Year End
Financial Report
CAP090816 Page 65
To: Mayor & Council
From: Steve Weber, Finance Director
Date: September 8, 2016
Subject: June 30, 2016 Financial Statement Presentation
Background:
Attached are the final 2015/16 fiscal year (unaudited) financial statements for your review.
Now that the expense and revenue accruals are complete, the year-end financial picture is fairly established with little
or no significant change between these statements and the audited statements is expected.
In considering all funds, we are ending the year in a strong position. Revenues have come in as expected and expenses
across all funds are well within budgeted appropriations.
The City auditors, Isler CPA, completed their onsite audit review work last week. If all goes according to schedule we
will present the completed audit at the November 10th City Council meeting.
Recommended Action:
That the Mayor and Council accept the unaudited 2015/16 fiscal year financial statements as presented.
Staff Report
Finance Department
Steve Weber, Finance Director
CAP090816 Page 66
% of biennial budget 50.00%
Year to Date
2015/17 Revenues &Percentage
Biennial Budget Expenditures Difference Received/Used
General Fund
Revenues
Taxes $13,163,000 $6,472,281 $6,690,719 49.17%
Licenses & Fees 120,550 65,863 54,688 54.64%
Intergovernmental 1,185,990 467,066 718,924 39.38%
Charges for Service 2,320,700 1,202,808 1,117,892 51.83%
Fines and Forfeitures 180,000 84,679 95,321 47.04%
Interest Income 35,000 37,742 -2,742 107.83%
Miscellaneous 589,395 141,856 447,539 24.07%
Transfers In 20,000 20,000 0 100.00%
Total Revenues 17,614,635 8,492,294 9,122,341 48.21%
Expenditures by Department
Administration 1,518,200 709,798 808,402 46.75%
City Enhancement 408,000 149,134 258,866 36.55%
Technical Services 1,134,050 574,088 559,962 50.62%
Mayor & Council 123,100 45,473 77,627 36.94%
Finance 1,617,300 770,925 846,375 47.67%
Parks 2,037,065 821,068 1,215,997 40.31%
Recreation 1,109,350 411,271 698,079 37.07%
Planning 1,126,150 456,097 670,053 40.50%
Police 8,786,750 4,005,654 4,781,096 45.59%
Interdepartmental 265,000 124,421 140,579 46.95%
Transfers Out 212,850 106,250 106,600 49.92%
Contingency 180,000 0 180,000 0.00%
Total Expenditures by Department 18,517,815 8,174,179 10,343,636 44.14%
Net Change in Fund Balance 318,115
Beginning Fund Balance 2,526,250 2,841,749 315,499
Ending Fund Balance 1,623,070 3,159,864 1,536,794
City of Central Point
Council Financial Statements
For period ending June 30, 2016
CAP090816 Page 67
% of biennial budget 50.00%
Year to Date
2015/17 Revenues &Percentage
Biennial Budget Expenditures Difference Received/Used
High Tech Crime Unit Fund
Revenues
Intergovernmental Revenue $0 $0 $0 0.00%
Charges for Services 0 0 0 0.00%
Miscellaneous 0 0 0 0.00%
Interfund Transfers 0 0 0 0.00%
Total Revenues 0 0 0 0.00%
Expenditures
Operations 108,525 0 0 0.00%
Transfers 20,000 20,000 0 100.00%
Contingency 0 0 0 0.00%
Total Expenditures 128,525 20,000 0 15.56%
Net Change in Fund Balance (20,000)
Beginning Fund Balance 128,525 126,600 (1,925)
Ending Fund Balance 0 106,600 106,600
City of Central Point
Council Financial Statements
For period ending June 30, 2016
CAP090816 Page 68
% of biennial budget 50.00%
Year to Date
2015/17 Revenues &Percentage
Biennial Budget Expenditures Difference Received/Used
Street Fund
Revenues
Franchise Tax $485,000 $240,000 $245,000 49.48%
Charges for Services 2,304,000 657,624 1,646,376 28.54%
Intergovernmental Revenue 1,996,800 1,031,631 965,169 51.66%
Interest Income 16,000 9,712 6,288 60.70%
Miscellaneous 385,000 34,737 350,263 9.02%
Transfers In 0 0 0 0.00%
Total Revenues 5,186,800 1,973,704 3,213,096 38.05%
Expenditures
Operations 4,284,009 1,843,409 2,440,600 43.03%
SDC 1,224,800 138,052 1,086,748 11.27%
Transfers 45,800 23,000 22,800 50.22%
Contingency 157,000 0 157,000 0.00%
Total Expenditures 5,711,609 2,004,461 3,707,148 35.09%
Net Change in Fund Balance (30,756)
Beginning Fund Balance 1,983,860 1,949,927 -33,933
Ending Fund Balance 1,459,051 1,919,171 460,120
Capital Improvement Fund
Revenues
Intergovernmental $60,000 $0 $60,000 0.00%
Charges for Services 258,400 143,578 114,822 55.56%
Interest Income 1,400 1,468 -68 104.88%
Total Revenues 319,800 145,046 174,754 45.36%
Expenditures
Parks Projects 80,000 0 80,000 0.00%
Parks Projects - SDC 55,000 0 55,000 0.00%
Transfers Out 143,900 71,950 71,950 50.00%
Total Expenditures 278,900 71,950 135,000 25.80%
Net Change in Fund Balance 73,096
Beginning Fund Balance 157,955 217,144 59,189
Ending Fund Balance 198,855 290,240 91,385
City of Central Point
Council Financial Statements
For period ending June 30, 2016
CAP090816 Page 69
% of biennial budget 50.00%
Year to Date
2015/17 Revenues &Percentage
Biennial Budget Expenditures Difference Received/Used
Reserve Fund
Revenues
Interest $6,000 $3,462 $2,538 57.70%
Transfers In 50,000 25,000 25,000 50.00%
Total Revenues 56,000 28,462 25,000 50.83%
Expenditures
Facility Improvements 0 0 0 0.00%
Total Expenditures 0 0 0 0.00%
Net Change in Fund Balance 28,462
Beginning Fund Balance 572,850 572,816 (34)
Ending Fund Balance 628,850 601,278 (27,572)
Debt Service Fund
Revenues
Charges for Service $469,400 $234,200 $235,200 49.89%
Interest Income 500 509 (9)101.72%
Intergovernmental 325,728 162,864 162,864 50.00%
Special Assessments 44,000 5,180 38,820 11.77%
Miscellaneous Revenue 0 0 0 0.00%
Transfers In 467,250 233,200 234,050 49.91%
Total Revenues 1,306,878 635,952 670,926 48.66%
Expenditures
Debt Service 1,283,880 621,052 662,828 48.37%
Total Expenditures 1,283,880 621,052 662,828 48.37%
Net Change in Fund Balance 14,901
Beginning Fund Balance 14,769 18,490 3,721
Ending Fund Balance 37,767 33,391 (4,376)
Building Fund
Revenues
Charges for Service $371,200 $243,666 $127,534 65.64%
Interest Income 2,400 2,355 45 98.12%
Miscellaneous 0 1,673 (1,673)0.00%
Total Revenues 373,600 247,693 125,907 66.30%
Expenditures
Personal Services 353,020 152,988 200,032 43.34%
Materials and Services 53,900 27,709 26,191 51.41%
Contingency 4,500 0 4,500 0.00%
Total Expenditures 411,420 180,697 230,723 43.92%
Net Change in Fund Balance 66,997
Beginning Fund Balance 214,625 277,214 62,589
Ending Fund Balance 176,805 344,211 167,406
City of Central Point
Council Financial Statements
For period ending June 30, 2016
CAP090816 Page 70
% of biennial budget 50.00%
Year to Date
2015/17 Revenues &Percentage
Biennial Budget Expenditures Difference Received/Used
Water Fund
Revenues
Charges for Services $6,134,200 $3,282,851 $2,851,349 53.52%
Interest Income 12,000 10,682 1,318 89.02%
Miscellaneous 16,000 48,379 -32,379 302.37%
Total Revenues 6,162,200 3,341,912 2,820,288 54.23%
Expenditures
Operations 6,681,650 3,118,502 3,563,148 46.67%
SDC Improvements 150,000 1,276 148,724 0.85%
Contingency 151,100 0 151,100 0.00%
Total Expenditures 6,982,750 3,119,778 3,862,972 44.68%
Net Change in Fund Balance 222,134
Beginning Fund Balance 1,860,995 1,918,453 57,458
Ending Fund Balance 1,040,445 2,140,587 1,100,142
Stormwater Fund
Revenues
Charges for Services $1,787,700 $873,542 $914,158 48.86%
Interest Income 7,000 5,556 1,444 79.37%
Miscellaneous 2,000 1,688 312 84.39%
Total Revenues 1,796,700 880,786 915,914 49.02%
Expenditures
Operations 1,863,740 847,119 1,016,621 45.45%
SDC 113,460 51,045 62,415 44.99%
Contingency 46,500 0 46,500 0.00%
Total Expenditures 2,023,700 898,165 1,125,535 44.38%
Net Change in Fund Balance (17,379)
Beginning Fund Balance 934,860 989,361 54,501
Ending Fund Balance 707,860 971,982 264,122
City of Central Point
Council Financial Statements
For period ending June 30, 2016
CAP090816 Page 71
% of biennial budget 50.00%
Year to Date
2015/17 Revenues &Percentage
Biennial Budget Expenditures Difference Received/Used
Internal Services Fund
Revenues
Charges for Services $2,474,000 $1,218,822 $1,255,178 49.27%
Interest Income 1,000 1,744 (744)174.37%
Miscellaneous 2,000 11,935 (9,935)596.75%
Total Revenues 2,477,000 1,232,501 1,244,499 49.76%
Expenditures
Facilities Maintenance 559,500 232,200 327,300 41.50%
PW Administration 1,192,600 557,385 635,215 46.74%
PW Fleet Maintenance 762,600 315,395 447,205 41.36%
Interfund Transfers 50,000 25,000 25,000 50.00%
Total Expenditures 2,564,700 1,129,980 1,434,720 44.06%
Net Change in Fund Balance 102,521
Beginning Fund Balance 153,380 199,587 46,207
Ending Fund Balance 65,680 302,108 236,428
City of Central Point
Council Financial Statements
For period ending June 30, 2016
CAP090816 Page 72
Business
IGA for Table Rock Road
Improvements
CAP090816 Page 73
Parks & Public Works Department
Matt Samitore, Director
140 South 3rd Street | Central Point, OR 97502 | 541.664.7602 | www.centralpointoregon.gov
DATE: August 29, 2016 TO: Honorable Mayor and City Council
FROM: Matt Samitore, Parks & Public Works Director
SUJECT: Intergovernmental Agreement for Table Rock Road Improvements
PURPOSE:
Approval of an Intergovernmental Agreement (IGA) between Jackson County and the Cities of
Central Point and Medford for the Table Rock Road Improvements. SUMMARY:
In 2013, Jackson County received funding from the State of Oregon “Enhance It” Program (STIP) to widen Table Rock Road from two lanes to five lanes from Biddle Road to Airport Avenue and three lanes from Airport to the I-5 overpass. Additionally, a new signal will be
installed at the intersection of Airport and Table Rock Roads. The project will create a center
turn lane, sidewalks and bike lanes, although, no on-street parking will be allowed within the
project limits. Both the Cities of Medford and Central Point have agreed to pay their pro-rata share of the
minimum match needed for the project. The matching funds would be divided equally between
all three entities (Jackson County, City of Medford, City of Central Point). Central Point’s
required match is $269,879.84. Additionally, as already previously discussed and approved, the City is responsible for acquiring the necessary right of way for what will eventually be the 4th leg of the Airport/Table Rock Intersection/Signal. The ROW acquisition is currently in
process.
The City Match will be billed in July of 2017 and will be budgeted during the 2017-2019 FY Budget. The appropriated funds will originate from our System Development Charge Street
Improvement Fund carryover balance.
Attachments: IGA for Table Rock Road
RECOMMENDATION: Approve authorization for the City Manager to sign the
Intergovernmental Agreement for Table Rock Road.
CAP090816 Page 74
IGA – Table Rock Road Project Page 1 of 7
INTERGOVERNMENTAL AGREEMENT
for
TABLE ROCK ROAD IMPROVEMENTS (I-5 TO BIDDLE)
PARTIES
This agreement, hereinafter referred to as “Agreement”, is made and entered into by and between
the County of Jackson, Board of Commissioners, herein after referred to as “County” and the
Cities of Central Point and Medford, herein after referred to as “Central Point” and “Medford”.
County, Central Point and Medford are hereinafter individually referred to as the “Party” and
collectively referred to as the “Parties”.
STATUTORY AUTHORITY
1. In accordance with and pursuant to the provisions of ORS Chapter 190, the
County is authorized to jointly provide for the performance of a function or
activity in cooperation with a “unit of local government” that includes cities or
other governmental authority in Oregon. By acceptance of this Agreement,
Central Point and Medford certify that they meet the above criteria for eligibility
for such cooperation with the County.
2. As a result of this Agreement and pursuant to ORS 190.030, any unit of local
government, consolidated department, intergovernmental entity or administrative
officers designated herein to perform specified functions or activities is vested
with all powers, rights and duties relating to those functions and activities that are
vested by law in each separate party to the Agreement, its officers and agencies.
RECITALS
1. The County provides road improvement projects on roads throughout the County
from time to time finds it cost effective and advantageous to accomplish work
through a County contract when mutually agreed.
2. The County plans road improvements to Table Rock Road from I-5 to Biddle,
hereafter “Table Rock Road Project”. The project is further described in Project
Agreement No. 30442 between Jackson County and the State of Oregon through
its Department of Transportation, hereafter ODOT, hereafter “Agreement No.
30442”. The parties acknowledge Agreement No. 30442.
3. Table Rock Road north of the Interstate 5 overcrossing is County jurisdiction.
Within the limits of the Table Rock Road Project, the western side of Table Rock
Road is wholly within the Central Point Urban Grown Boundary and partially
within the Central Point City Limits. Within the limits of the Table Rock Road
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IGA – Table Rock Road Project Page 2 of 7
Project, the eastern side of Table Rock Road is wholly within the Medford Urban
Grown Boundary and partially within the Medford City Limits.
4. County will continue jurisdiction, operation and maintenance of Table Rock Road
within the project limits following completion of the Table Rock Road Project.
5. The parties agree to each pay one-third of the total Table Rock Road Project
match requirement.
6. Central Point plans to install a fourth (west) leg of the Table Rock Road/Airport
Road intersection following completion of the Table Rock Road Project. As
element of the Table Rock Road Project, Central Point requests the County assist
in acquiring needed right-of-way for this future project from parcel 37 2W 12B
tax lot 901. This acquisition process shall conform to the requirements of
Agreement No. 30442.
7. Medford plans to install a future storm drain facility along Airport Road, across
Table Rock Road and continuing to Bear Creek. As element of the Table Rock
Road Project, Medford requests the County install a storm drain pipe across Table
Rock Road to facilitate this future project. This installation shall conform to the
requirements of Agreement No. 30442.
AGREEMENT
INCORPORATION OF RECITALS
The recitals set forth above are true and correct and are incorporated herein by this reference.
COOPERATION AND SERVICES TO BE SHARED
1. County Responsibilities:
a. The County, with assistance of ODOT, shall deliver the Table Rock Road Project
in accordance with Agreement No. 30442.
b. County shall pay the match requirement and any project overruns in accordance
with Agreement No. 30442. County shall pay match for each phase of the project
when invoiced by ODOT.
c. The County will bill Central Point and Medford for one-third of the total match
requirement in Agreement No. 30442 upon receipt of the Construction Phase
match invoice from ODOT. The maximum total project match per Agreement
No. 30442 is $809,639.51. The maximum invoice amount to Central Point and
Medford is $269,879.84 each. The current Table Rock Road Project schedule is
for this payment to be due to ODOT in February 2017. County will not send these
invoices until after July 1, 2017.
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IGA – Table Rock Road Project Page 3 of 7
d. The County shall have designed and installed for Medford a storm drain pipe
across Table Rock Road near Airport Road. The design and location of this pipe
shall be approved by Medford prior to installation. If ODOT determines this
storm drain pipe is non-participating, County will bill Medford for non-
participating costs.
e. The County shall manage and pay all administrative costs associated with the
acquisition of right-of-way from parcel 37 2W 12B tax lot 901 for purpose of
constructing the fourth leg of the Table Rock Road/Airport Road intersection.
These administrative costs shall include, but are not limited to, engineering
design, description, appraisal, review appraisal, consultant and ODOT time and
demolition costs. Central Point will pay the actual cost to the property owner for
acquisition of the right-of-way.
2. Central Point Responsibilities:
a. Central Point shall cooperate with the County in the project development for the
Table Rock Road Project.
b. Central Point shall pay for one-third of the match for the Table Rock Road
project, not to exceed $269,879.84, within 30 days of receipt of invoice.
c. Central Point shall cooperate and review the right-of-way acquisition offer for the
fourth leg of the Table Rock Road/Airport Road intersection as described in
County Responsibility 1.e. Upon completion of this right-of-way acquisition,
Central Point shall pay directly to the property owner all acquisition and
relocation costs due to the property owner. In the event this acquisition requires
condemnation, Central Point shall be the lead agency for the condemnation and
shall be responsible for all filings, legal costs and judgments.
3. Medford Responsibilities:
a. Medford shall cooperate with the County in the project development for the Table
Rock Road Project.
b. Medford shall pay for one-third of the match for the Table Rock Road project, not
to exceed $269,879.84, within 30 days of receipt of invoice.
c. Medford shall provide necessary design and engineering information related to the
design of the storm drain pipe near Airport Road as described in County
Responsibility 1.d. and shall provide timely review of the storm drain facility
design. In the event the storm drain pipe near Airport Road is deemed non-
participating by ODOT, Medford shall reimburse County for all non-participating
costs within 30 days of receipt of invoice for non-participating costs.
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IGA – Table Rock Road Project Page 4 of 7
GENERAL TERMS
1. Duration:
a. This Agreement shall be effective when signed by all parties and shall continue
until the project is closed out by ODOT or pursuant to the termination section
below.
2. Termination:
a. Without Cause: This Agreement may be terminated by mutual consent of the
parties or by any party upon thirty (30) days notice, in writing, and delivered by
certified mail or in person.
b. For Cause: Any party may terminate this Agreement, in whole or in part,
effective upon delivery of written notice to all other parties or at such later date as
may be established by the terminating party, under any of the following
conditions:
i. If the party’s funding from federal, state, or other sources is not
obtained and continued at levels sufficient to allow for the
performance of the Agreement;
ii. If federal or state regulations or guidelines are modified, changed,
or interpreted in such a way that the party’s performance is no
longer lawful.
c. For Default or Breach
i. Any party may terminate this Agreement in the event of a breach of
the Agreement by another party. Prior to such termination, the
party seeking termination shall give to the other parties written
notice of the breach and intent to terminate, delivered by certified
mail or in person. If the party committing the breach has not
entirely cured the breach within fifteen (15) days of the date of the
notice, or within such other period as the party giving the notice
may authorize or require, then the Agreement may be terminated at
any time thereafter by a written notice of termination by the party
giving notice, delivered by certified mail or in person.
ii. The rights and remedies of the parties provided in this subsection
are not exclusive and are in addition to any other rights and
remedies provided by law or under this Agreement.
d. Obligation/Liability of Parties:
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IGA – Table Rock Road Project Page 5 of 7
i. Termination or modification of this Agreement pursuant to
subsections a. b. or c. above shall be without prejudice to any
obligations or liabilities of a party already accrued prior to such
termination or modification.
3. Modification, No Assignment, Construction; Effective Date; Third Party
Beneficiaries; Waiver; Partial Invalidity; Execution
a. This Agreement may be amended only by a written amendment signed by all
parties.
b. No party may assign or otherwise transfer, in whole or in part, any or all of its
obligations or rights hereunder without the prior written consent of the other
parties.
c. This Agreement shall be construed and enforced in accordance with the laws of
the State of Oregon. The parties agree and acknowledge that the rule of
construction that ambiguities in a written agreement are to be construed against
the party preparing or drafting the agreement shall not be applicable to the
interpretation of this Agreement.
d. This Agreement shall not become effective until all parties have executed this
Agreement.
e. Jackson County, the City of Medford, and the City of Central Point are the only
parties to this Agreement and the only parties entitled to enforce its terms.
Nothing in this Agreement gives, is intended to give, or shall be construed to
give or provide, any benefit or right, whether directly, indirectly or otherwise, to
third persons unless such third persons are individually identified by name herein
and expressly described as intended beneficiaries of the terms of this Agreement.
f. The waiver by any party of a breach or violation of any provision of this
Agreement shall not operate or be construed as a waiver of any subsequent
breach thereof. No delay or failure to require performance of any provision of
this Agreement shall constitute a waiver of that provision as to that or any other
instance. Any waiver granted by a party must be in writing to be effective, and
shall apply solely to the specific instance expressly stated.
g. The parties agree that if any term or provision of this Agreement is declared by a
court of competent jurisdiction to be invalid, unenforceable, illegal or in conflict
with any law, the validity of the remaining terms and provisions shall not be
affected, and the rights and obligations of the parties shall be construed and
enforced as if the Agreement did not contain the particular term or provision held
to be invalid.
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IGA – Table Rock Road Project Page 6 of 7
h. This Agreement may be executed in several counterparts (facsimile or otherwise)
all of which when taken together shall constitute one agreement binding on all
parties, notwithstanding that all parties are not signatories to the same
counterpart. Each copy of this Agreement so executed shall constitute an
original.
4. Indemnification:
a. Subject to the limitations and conditions of the Oregon Tort Claims Act, ORS
30.260 et seq., and Article XI, Section 10 of the Oregon Constitution, each party
to this Agreement shall be solely responsible for its own actions and/or omissions,
and shall indemnify and hold the other parties harmless from any liability, cost or
damage arising from its acts or omissions in the performance of this Agreement.
Provided, however, that no party shall be required to indemnify any other party for
any claim, loss or liability arising solely out of the wrongful act of the other
party’s elected officials, officers, employees, volunteers or agents. The provisions
of this paragraph shall survive the expiration or termination of this agreement.
DELEGATION:
By signing below, the parties agree that the following individuals shall be the contact
point for written notices, and shall have authority to execute this agreement, including any
decision to terminate or amend with the understanding that any dollar amount of an additional
work or change order will be limited by expense authority under the respective entity's
contracting and purchasing regulations.
City of Central Point Jackson County
Name, Title Danny Jordan, County Administrator
Address 10 So. Oakdale
City State Zip Medford, OR 97501
Phone 541-774-6001
City of Medford
Alex Georgevitch, Deputy Public Works Director
411 W. 8th Street
Medford, OR 97501
541-774-2100
THIS AGREEMENT AND ATTACHED EXHIBITS, IF ANY, CONSTITUTE THE ENTIRE
AGREEMENT BETWEEN THE PARTIES ON THE SUBJECT MATTER HEREOF. THERE
ARE NO UNDERSTANDINGS, AGREEMENTS, OR REPRESENTATIONS, ORAL OR
WRITTEN, NOT SPECIFIED HEREIN REGARDING THIS AGREEMENT. NO WAIVER,
CONSENT, MODIFICATION OR CHANGE OF TERMS OF THIS AGREEMENT SHALL
BIND EITHER PARTY UNLESS IN WRITING AND SIGNED BY BOTH PARTIES AND
ALL NECESSARY APPROVALS HAVE BEEN OBTAINED. SUCH WAIVER, CONSENT,
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IGA – Table Rock Road Project Page 7 of 7
MODIFICATION OR CHANGE, IF MADE, SHALL BE EFFECTIVE ONLY IN THE
SPECIFIC INSTANCE AND FOR THE SPECIFIC PURPOSE GIVEN.
IN WITNESS WHEREOF, the Parties hereby enter into this Agreement
effective on the last date signed below. Each Party, by signature below of its authorized
representative, hereby acknowledges that it has read this Agreement, understands it and agrees to
be bound by its terms and conditions. Each person signing this Agreement represents and
warrants to have authority to execute this Agreement.
JACKSON COUNTY: CITY OF CENTRAL POINT:
__________________________ _____________________________
Danny Jordan (Date) Name (Date)
County Administrator _____________________________
10 So. Oakdale Title
Medford, OR 97501
APPROVED AS TO LEGAL SUFFICIENCY: CITY OF MEDFORD:
______________________ Sr. Asst. County Counsel ______________________________________
Name (Date)
_________________
Date _____________________________
Title
CAP090816 Page 81