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Home My WebLink AboutCouncil Resolutions 1574 RESOLUTION NO. ./5"\--0-/ A RESOLUTION APPROVING AMENDMENT NO. 1 TO THAT INTERGOVERNMENTAL AGREEMENT WITH JACKSON COUNTY AND THE CITY OF CENTRAL POINT FOR IMPROVEMENT AND ELIMINATION OF RAILROAD CROSSINGS AND AUTHORIZING THE CITY MANAGER TO EXECUTE AGREEMENT Recitals: A. In 2010 The City and Jackson County entered into an intergovernmental agreement (IGA) for the opening of the Twin Creeks Rail Crossing and subsequent closure of the Seven Oaks Crossing. B . In 2017 the Oregon Department of Transportation elected to redo the Rail Order for the Twin Creeks Crossing and Seven Oaks Closure. The new order required an amendment to the IGA with Jackson County. The amendment was originally prepared and approved by the City in 2017, but was not approved by the County at that time. C. Jackson County has revised the IGA acknowledging that the City has taken jurisdiction of Bursell Road as part of the original IGA and may finish any safety improvements that may be warranted after the Oregon Department of Transportation improvement project at Scenic and Highway 99. The City of Central Point resolves as follows: Section 1. The City hereby approves Amendment No. 1 to the IGA, as set forth on the attached Exhibit "A" and authorizes City Manager or his designee to sign said Amendment to the IGA. Passed by the Council and signed by me in authentication of its passage this rR ay of March, 2019. Mayor Hank Williams ATTEST: () City Recorder . Res. No./S'`1'1. ; March 28, 2019 Page 1 II AMENDMENT NO. 1 TO THE INTERGOVERNMENTAL AGREEMENT BETWEEN JACKSON COUNTY AND THE CITY OF CENTRAL POINT For IMPROVE AND ELIMINATE RAILROAD CROSSINGS This FIRST AMENDMENT to the intergovernmental agreement, originally made and entered into on February 3,2010, by and between Jackson County, Oregon, a political subdivision of the State of Oregon,hereinafter referred to as"County", and the City of Central Point, Oregon, a municipal corporation,hereinafter referred to as"City" is made and entered into effective 2019. County and City are collectively referred to as"Parties". The Parties agree as follows: 1) AGREEMENT section titled, "County Responsibilities" paragraph 1 which reads: A. Elimination of an At-Grade Crossing. County agrees that upon completion of the upgrades by City to the Scenic Avenue rail crossing as described in City Responsibilities paragraph 2A, below, County will initiate the legal process to eliminate the Seven Oaks Road rail crossing identified as ODOT Crossing No. C- 447.70 or some other public at-grade crossing on the Siskiyou mainline in Jackson County, subject to approval by the ODOT Rail Division. Shall be amended and replaced in its entirety as follows: A. Elimination of the Seven Oaks Road Rail Crossing. As the City has passed -`--Y- - ' g-a Ri'esolution 1505€qty requesting a .... .. v.,aiccivin jurisdictional road exchange of Bursell Road from County to City,the County will eliminate the Seven Oaks Road rail crossing identified as ODOT Crossing No. C-447.70. County will complete this work before the City opens the Twin Creeks rail crossing(ODOT Crossing No. C-446.35)and may do so in any manner of County's choosing. - - - - - I - 2) AGREEMENT section titled "City Responsibilities" paragraph 2 which reads: A. Improvement of Scenic Avenue Crossing. The existing rail crossing at Scenic Avenue and Highway 99, which is identified as ODOT Crossing No, C-447-10 is in need of upgrading. City agrees to construct the necessary upgrades to that crossing to the satisfaction of County and the ODOT Rail Division, including necessary elevation changes,vehicle traffic signals, and an interconnection with the crossing signals. The City will complete all engineering design,right-of-way purchase,permit acquisition,public notice and coordination,construction,and construction inspection. These upgrades will be constructed at City expense. The City will provide the County engineered plans for our review and approval prior to construction. The City agrees to begin work on such project as soon as practicable and to pursue completion with reasonable diligence. Intergovernmental Agreement Amendment No. 1 - 1 B. Elimination of an At-Grade Crossing. If the Board of Commissioners agrees to remove the Seven Oaks Road crossing identified as ODOT Crossing No. C- 447.70,or some other public at-grade crossing on the Siskiyou mainline in Jackson County, City agrees that upon completion of the upgrades to the Scenic Avenue crossing as described in City Responsibilities at paragraph 2A, City will reimburse County for the costs to eliminate said crossing. Shall be amended and replaced in its entirety as follows: A. Improvement of Scenic Avenue Crossing. The existing rail crossing at Scenic Avenue and Highway 99, identified as ODOT Crossing No, C-447-10 is in need of upgrading. The jurisdiction of this intersection is presently under the Oregon Department of Transportation(ODOT)on Highway 99, under County jurisdiction west of Highway 99, and under City jurisdiction east of Highway 99. ODOT has currently funded improvements to the intersection with a current construction schedule of 2020. The City agrees to work with ODOT on the design and safety improvements. The City, or by and through ODOT,will complete all engineering design,right-of-way purchase, permit acquisition,public notice and coordination, construction, and construction inspection for the improvements currently funded for 2020. In the event ODOT's funded project described herein does not fully address reasonable safety concerns of Jackson County,the City agrees to construct such additional reasonable safety improvements as mutually agreed by City and County, including upgraded crossing arms and signal timing equipment,and associated engineering design,right-of-way purchase,permit acquisition,public notice and coordination,construction,and construction inspection. The City, or by and through ODOT,will provide the County engineered plans for review and approval prior to construction. Notwithstanding the foregoing, in the event such additional safety improvements include a requirement that City install in excess of 100 feet of continuous welded rail to allow for interties between the Scenic and Twin Creeks rail crossings, City may seek additional funding from other sources, excluding Jackson County,to offset such additional unanticipated costs. Said additional safety improvements to the Scenic Avenue Crossing as mutually agreed between City and County, shall be completed by December 31, 2033. B. Elimination of the Seven Oaks Road Rail Crossing. The City agrees to complete an engineering design, secure needed right-of-way and to pay for all demolition and construction costs to remove the Seven Oaks Road crossing identified as ODOT Crossing No. C-447.70. • e . . 3) APPORTIONMENT FOR FUNDING section which reads: A. City shall pay all construction costs for the elimination of the Seven Oaks Rail crossing identified as ODOT Crossing No. C447-70, or some other public at- grade crossing on the Siskiyou mainline in Jackson County. The County will provide an engineered design for this closure. Intergovernmental Agreement Amendment No. 1 - 2 B. City shall pay for all costs associated with upgrades to the Scenic Avenue crossing discussed in paragraph 2A and as identified as ODOT Crossing No. C- 447.10. C. County shall pay for an engineered design for the elimination of the Seven Oaks Rail crossing identified as ODOT Crossing No. C447-70, or some other public at- grade crossing on the Siskiyou mainline in Jackson County. D. In the event insufficient funds are appropriated for the payments under this Agreement and the County has no other lawfully available funds, then the County may terminate this Agreement at the end of its current fiscal year, with no further liability or penalty to City. The County shall deliver written notice to City of such termination no later than thirty(30)days from the determination by the County of the event of non-appropriation Shall be amended and replaced in its entirety as follows: A. City shall pay all design, right-of-way and construction costs for the elimination of the Seven Oaks Road rail crossing identified as ODOT Crossing No. C447-70. B. City shall pay, or secure state or federal grants to pay for, all costs associated with upgrades to the Scenic Avenue crossing discussed in paragraph 2A and as identified as ODOT Crossing No. C-447.10. C. County shall pay f;,=;,== _ - - .�. • • - „ . - - : yy��11,, pppp vVV.J LV GVYfi Load. 13:C. In the event insufficient funds are appropriated for the payments under this Agreement and the County has no other lawfully available funds, then the County may terminate this Agreement at the end of its current fiscal year, with no further liability or penalty to City. The County shall deliver written notice to City of such termination no later than thirty (30) days from the determination by the County of the event of non-appropriation. 4) Except as expressly amended by this Amendment, all terms and conditions of the Intergovernmental Agreement remain in full force and effect. 5) This Amendment is effective on the date that this Amendment is fully executed by the Parties. JACKSON COUNTY OREGON CITY OF CENTRAL POINT Danny Jordan Date By Date County Administrator Title Approved as to Legal Sufficiency Intergovernmental Agreement Amendment No. 1 - 3 Sr. Assistant County Counsel Intergovernmental Agreement Amendment No. 1 - 4