INTERGOVERNMENTAL AGREEMENT TILLAMOOK COUNTY AND CITY OF TILLAMOOK PLANNING SERVICES

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Audrey Eaton
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1 INTERGOVERNMENTAL AGREEMENT TILLAMOOK COUNTY AND CITY OF TILLAMOOK PLANNING SERVICES This INTERGOVERNMENTAL AGREEMENT, hereafter AGREEMENT, is entered into pursuant to ORS Chapter 190 by and between Tillamook County, a political subdivision of the State of Oregon, hereafter COUNTY, and the City of Tillamook, a municipal corporation, hereafter CITY. COUNTY and CITY are collectively referred to as PARTIES. The CITY desires COUNTY to provide certain planning services within the CITY s UGB, as set forth herein. CITY and COUNTY mutually covenant and agree as follows: 1) The TERM or PERIOD of the AGREEMENT shall be three (3) years, commencing July 1, 2017 and expiring June 30, COUNTY agrees as follows: 1) To perform the services set forth on Exhibit A on a roughly half-time (PTE) basis. A mutually-agreed-upon generalized accounting of time will be developed to ensure that approximate half-time services are being provided. This accounting will be subject to a quarterly review of time management by COUNTY Development Director and City Manager and, if necessary, adjustments will be made to bring time expenditures into line with the halftime apportionment. 2) COUNTY warrants it has persons on staff with the appropriate qualifications necessary to review land use applications required by the AGREEMENT. All staff shall remain employees of COUNTY and shall be managed by the County Development Director. COUNTY shall allow for CITY Manager to insert directives into the chain of command on issues related to CITY code and its application. Should the timing or quality any such directives be found to be problematic by the COUNTY Development Director, the CITY Manager shall be notified in writing within seven days of issuance and resolution sought. Should good faith resolution not be achieved within 30 days, termination provisions may be exercised. 3) COUNTY will provide a station for the employee performing these planning services at its Community Development offices or other mutually-agreed-upon location that is accessible to public inquiries. 4) COUNTY will collect and account for CITY Planning fees and disburse receipts to CITY on a monthly basis beginning August 1, ) COUNTY shall consult with CITY to determine compliance with CITY s zoning, subdivision, and design standard requirements when questions of interpretation arise. Should a code provision not be clear and objective or not have an interpretive precedent, COUNTY shall refer the interpretation to the CITY Planning Commission. If the need for interpretation is generated by an applicant, the appropriate fee shall be collected. 6) COUNTY will manage the CITY s Flood Ordinance and make written recommendations to the Planning Commission for improvements to all related Ordinances Intergovernmental Agreement Tillamook County and City of Tillamook Page 1 of 4

2 a. COUNTY shall review elevation certificates provided by property owners. COUNTY shall review for consistency with the City Flood Ordinance and compliance with Community Rating System or FEMA standards. b. COUNTY shall provide the Post Construction Elevation Certificate to CITY. CITY retains responsibility for record retention in accordance with Community Rating System or FEMA record keeping standards. CITY agrees as follows: 1) CITY shall supply the COUNTY with all existing application forms and information to the public regarding CITY permits, and any other reasonable and necessary information and service associated with this AGREEMENT. 2) CITY shall provide COUNTY with full access to CITY zoning ordinances and any interpretations of those ordinances that would aid in rendering decisions. 3) CITY shall be available to assist COUNTY building inspectors in determining compliance with CITY's zoning, subdivision, and design standard requirements when questions of interpretation arise at a particular site. 4) CITY shall not require COUNTY planning services outside of normal working hours. Presentations to CITY Planning Commission, CITY Council, and other boards shall be the responsibility of the CITY. 5) CITY shall pay to COUNTY, as consideration for COUNTY s services pursuant to this AGREEMENT, the sum of $42,120 per year, payable in equal monthly installments. PARTIES mutually agree as follows: 1) By September 1 st, 2017, perfect a methodology for transference of property files as needed. This shall include a check-out and return structure that ensures compliance with public records and records retention laws. 2) MISCELLANEOUS. a) Integration. This AGREEMENT supersedes all prior oral or written agreements between CITY and COUNTY related to providing planning services. It represents the entire agreement between the PARTIES. b) Savings. Should any clause or section of this AGREEMENT be declared by a court to be void or voidable, the remainder of this AGREEMENT shall remain in full force and effect. c) Waiver; Modification. Failure to enforce any provision of this AGREEMENT does not constitute a continuing waiver of that provision, any other provision, or of the entire AGREEMENT. The rights and duties under this AGREEMENT shall not be modified, delegated, transferred or assigned, except upon the written consent of both parties. d) Liability; Indemnification. Each party shall indemnify and hold harmless the other party from all claims, costs, damages, or expenses of any kind, including attorney's fees and Intergovernmental Agreement Tillamook County and City of Tillamook Page 2 of 4

3 other costs and expenses of litigation, for personal or property damage arising out of PARTIES' performance required by this AGREEMENT. e) Jurisdiction; Law. This AGREEMENT is executed in the State of Oregon, and is subject to Oregon law and jurisdiction. Venue shall be in Tillamook County, unless otherwise agreed by PARTIES. f) Attorney Fees. Attorney fees, costs and disbursements necessary to enforce this AGREEMENT through mediation, arbitration and/or litigation, including appeals, shall be awarded to the prevailing party, unless otherwise specified herein or agreed. g) Termination. Either party may terminate this AGREEMENT, provided that written notice is provided to the other party within 180 days of the termination date or 30 days, if in accordance with COUNTY provision #2. 3) Notices. Any notice required or permitted under this AGREEMENT shall be in writing and deemed given when: a) actually delivered to COUNTY Development Director or CITY Manager, or b) three (3) days after deposit in United States certified mail, postage prepaid, addressed to the other party at their last known address. 4) Public Contract. This AGREEMENT is a public contract and all applicable provisions of ORS Chapter 279 (as amended) are incorporated here by reference. Acknowledgment: EACH PARTY REPRESENTS TO THE OTHER BY THEIR SIGNATURES BELOW THAT EACH HAS READ, UNDERSTANDS, AND AGREES TO ALL COVENANTS, TERMS AND CONDITIONS OF THIS AGREEMENT. EACH PARTY REPRESENTS BY THEIR SIGNATURE THE ACTUAL AUTHORITY TO BIND THEIR RESPECTIVE JURISDICTIONS IN THIS CONTRACT. Dated this day of CITY OF TILLAMOOK Suzanne Weber, Mayor // // // Intergovernmental Agreement Tillamook County and City of Tillamook Page 3 of 4

4 Dated this day of THE BOARD OF COMMISSIONERS FOR TILLAMOOK COUNTY, OREGON Aye Nay Abstain/Absent / Bill Baertlein, Chair / Tim Josi, Vice-Chair / David Yamamoto, Commissioner ATTEST: Tassi O Neil, County Clerk By: Special Deputy APPROVED AS TO FORM: William K. Sargent, County Counsel Intergovernmental Agreement Tillamook County and City of Tillamook Page 4 of 4

5 EXHIBIT A Contract City Planner Apply land use regulations consistently for the benefit of economic and housing development, while ensuring adequate environmental and neighborhood protection. Tasks: Answer basic Planning questions at the counter/ /phone and provide forms & process instructions. Intake planning,(zoning, sign, subdivision, property line adjustments, flood zone, street vacation, variance, etc.) applications; determine completeness; and route to administrative or land use processes. Participate in preapplication and site plan reviews as needed. Empowered with ability to tentatively schedule for Planning Commission and to waive unnecessary submittals (this should probably reside in IGA text) Prepare & mail Notices. On administrative application, prepare Notices, if any; apply zoning and special standards (in the case of Site plan reviews, review with City Manager, acting as Planning Director); develop and issue administrative decisions; and prepare Final Orders & Notices of Decision. On appeals of administrative decisions, prepare written staff report for City Manager to deliver to Planning Commission. On land use and street vacation applications, schedule with City Manager, hand off application with any necessary maps after consultation with same. City Manager schedules pre app, finalizes PC schedule, develops staff reports, presents such applications & reports before Planning Commission, prepares final orders, and handles any appeals that may arise.

6 Prepare and mail Notices of Decision. Prepare and review Site Improvement Agreements and performance bonding. Ensure effective and consistent compliance with approved permits. Issue Zoning Clearances and Land Use Compatibility Statements. Respond to Floodzone inquiries and render Flood zone management and Community Rating System (CRS) decisions. Complete FEMA s annual CRS recertification. Administer Wetlands/Riparian Area Use permits. Monitor, and report on, City s Natural Hazards Mitigation Plan implementation. Issue addresses within the UGB. Complete Census and Portland State University survey requests. Respond to Public records requests related to planning and track time for reimbursement. When routed to County by City, investigate and respond to complaints related to Planning Code. Monthly one page Planning Status Reporting to City Council/Planning Commission. Make recommendations for streamlining, clarifying, untangling, and otherwise improving the land use code. Other ministerial Planning duties as assigned by City Manager and authorized by County Planning Director

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