TO: Mayor and City Council
THROUGH: Keith Stahley, City Manager
FROM: Brian D. Martin, PE, Public Works Director
SUBJECT:
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Intergovernmental Agreement with Marion County for Construction of Mildred Lane SE.
Ward(s): Ward 7
Councilor(s): Nordyke
Neighborhood(s): Sunnyslope Neighborhood Association
Result Area(s): Safe, Reliable and Efficient Infrastructure
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SUMMARY:
summary
The Intergovernmental Agreement (IGA) with Marion County establishes the terms and conditions under which the City will provide on-going maintenance and repair of a portion of street improvements and public utilities within the limits of an early construction phase of Mildred Lane SE outside the Salem City Limits (Attachment 1).
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ISSUE:
Shall City Council authorize the City Manager to execute an IGA (Attachment 2) with Marion County to establish the terms and conditions under which the City will provide on-going maintenance and repair of a portion of street improvements and public utilities within the limits of an early construction phase of Mildred Lane SE outside the Salem City Limits?
RECOMMENDATION:
recommendation
Authorize the City Manager to execute an IGA with Marion County to establish terms and conditions under which the City will provide on-going maintenance and repair of a portion of street improvements and public utilities within the limits of an early construction phase of Mildred Lane SE outside the Salem City Limits.
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FACTS AND FINDINGS:
The City of Salem and Marion County have agreed to terms outlined in an IGA for developer-built street improvements located within the Marion County right-of-way. Construction of Mildred Lane SE in the Marion County right-of-way is necessary to meet the conditions of approval for Verona Heights No. 3 and Sorrento Estates Subdivision, proposed subdivision phases located at 2921 Sorrento Street S, and 5914 Barbaresco St S. The street improvements will be built by the developer to City of Salem and Marion County standards.
Upon approval of the IGA and acceptance of the proposed street improvements, the City will accept maintenance responsibility, including any necessary repairs, modifications, or retrofits of the developer-built street improvements within Mildred Lane SE.
The IGA does not commit Salem to any financial contributions related to the construction of the improvements. Construction will be accomplished by the developer. Performance of the City’s obligations under this IGA is not anticipated to have a measurable budget impact.
The City Manager may execute amendments to the IGA if the following requirements are met: (1) The amendments do not substantially expand the City’s obligations; (2) The amendments do not broaden the scope of the agreement to other subjects; (3) The amendments do not increase the City’s financial obligations; and, (4) The amendments may extend the term or renew the IGA so long as any other changes to the IGA do not substantially expand the City’s obligations.
BACKGROUND:
On March 4, 2011, the City’s Planning Administrator granted an amendment to the conditional approval for the Bella Cresta phased development under Case UGA 05-13A. The conditions of approval require the developer of the subdivision to construct a linking improvement of Mildred Lane SE from its termination at the east boundary of the Tuscany Hills No. 2 subdivision to the intersection with Liberty Road SE. Conditions of approval also require construction of sanitary sewer and stormwater improvements within the Jory Creek Basin and portions of the Mildred Lane SE right-of-way. A portion of the required street and utility improvements are located outside of the current City Limits and will be constructed within the Marion County right-of-way of Mildred Lane SE. Marion County requires an IGA with the City of Salem to establish the terms and conditions of the City’s maintenance responsibilities for the accepted street and utility improvements.
Allen Dannen, PE
City Engineer
Attachments:
1. Attachment 1 - Project Location Map
2. Attachment 2 - Intergovernmental Agreement