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HomeMy WebLinkAboutCouncil Resolution 835RESOLUTION N0. $3S A RESOLUTION ACCEPTING JURISDICTION OVER PART OF SCENIC AVENUE FROM JACKSON COUNTY Recitals 1. Jackson County currently has jurisdiction over Scenic Avenue within the City of Central Point, but Jackson County and Central Point wish to transfer jurisdiction to Central Point. 2. ORS 373.270 sets forth the requirements in cases of transferring jurisdiction over county roads to a city.. 3. Jackson County, through an order of its Board of Commissioners, has authorized the transfer on the terms set forth below. Now, therefore; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CENTRAL POINT, OREGON, AS FOLLOWS: 1. Transfer of Surisdiction. Central Point hereby accepts jurisdiction from Jackson County over the following road: (a) Scenic Avenue, from Highway 99 to the center of bridge #176 over Griffin Creek. Central Paint accepts sole responsibility for all construction, improvements, repair, maintenance, levying and collection of assessments, and control of access over the above- mentioned road. Central Point 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 Central Point. 2. Payment by Jackson County. This acceptance of jurisdiction over the above-mentioned roads is conditional upon Jackson County paying a one-time payment to Central Point in the amount of $112,000 in consideration for Central Point's acceptance of jurisdiction and as a contribution toward Central Point's future costs of constructing, improving, repairing and maintaining the roads. Central Point shall pay the sum of $41,100 to Pacific Trend Building Company as reimbursement for improvements made to Scenic Avenue by Pacific Trend. 1 - RESOLUTION NO. ~3S' (082798) Passed by the Council and. signed by me in authentication of its passage this 5/'`d~ day of ~ 1998. Mayor Rus y McGrath ATTEST: City Representati e Approved by me this Z/~ day of ~~~~~, ~ 1998. Mayor Rusty Mc rath 2 - RESOLUTION NO. ~ 3~ (082798) AGREEMENT BETWEEN: JACKSON COiTNTY, a political subdivision of the State of Oregon ("County") AND: CITY OF CENTRAL POINT, an Oregon municipal corporation ("City") DATE: , 1998 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 boazd 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 roads to the same extent as it has over other public streets and alleys of the city. D. The Baazd 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 ofthe 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. Scenic Avenue from Highway 99 to the center of Bridge #176 over Griffin Creek. The road identified above is referred to in this Agreement as the "Road". The Road is shown on Exhibit A attached hereto and incorporated into this Agreement by reference. Agreement - 1 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 far 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 aze 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 cone-time payment to the City in the amount of $112,000.00 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 regazd to the Road. IN WITNESS WHEREOF, the parties set their hands on the date indicated. COUNTY: JACKSON COUNTY: By: Burke M. Raymond APPROVED AS TO FORM: County Counsel CITY: CITY OF CENTRAL POINT 9~g~93 By; mes Sennett,. 'ty Administrator Agreement - 2 ~~\ ~\j A \e11 2 \ qC \\~ ~ I GOES AVE. ~ ~T~c I < ' a ,~ ~,,\ I o' I EXHIBIT °Ap ,> ,~ ~~ ~~ I - UPTGN RAYMOND wA FAS A3. ~~ ~ N.P. 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