1993-22028-Ordinance No. 93-015 Recorded 7/1/1993BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Amending the Joint Management
Agreement between Deschutes County and the
City of Bend with Respect to the Bend Urban
Area and Declaring an Emergency * r'
012'7-0363
ORDINANCE NO. 93-015
WHEREAS, Deschutes County and the City of Bend are parties to a
Joint Management Agreement regarding land use planning and
development activities within the Bend Urban Area; and
WHEREAS, both City and County desire to alter the management
agreement to reflect changes in circumstances concerning land use
planning and development in the Bend Urban Area; and
WHEREAS, the Board of County Commissioners has after public
hearing considered the recommendations of the public; now therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
ORDAINS AS FOLLOWS:
Section 1. Adoption of Revised Management Agreement. That
certain document entitled "Agreement between the City of Bend,
Oregon, and Deschutes County, Oregon, for the Joint Management of the
Bend Urban Area" dated July 13, 1982, as amended, is replaced by the
revised joint management agreement set forth hereto as Exhibit A and
by this reference incorporated herein.
Section 2. Severability. The provisions of this ordinance are
severable. If any section, sentence, clause, phrase, area, overlay
or other separable part of this ordinance or any exhibit thereto is
adjudged to be invalid by a court of competent jurisdiction, that
decision shall not affect the validity of the remaining portions of
this ordinance or any exhibit thereto.
KEYP ..�1EG
11993
PAGE 1 - ORDINANCE NO. 93-015 (6/23/93) �MrD
/U(1 go?
4
012'7-OaW
Section 3. Emergency. This Ordinance being necessary for the
immediate preservation of the public peace, health and safety, an
emergency is declared to exist, and this Ordinance takes effect on
its enactment.
DATED this - day of June, 1993.
ATTEST:
�-�17. "-
Recording Secretary`
BOARD OF �OUNTY COMMISSIONERS
OF DESCJiU ES COUNTY, OREGON
, MChair
NANCY POPE S HLANGEN, Commissioner
&4�/j
BARRY If. SLAUGHTER, Commissioner
PAGE 2 - ORDINANCE NO. 93-015 (6/23/93)
REVILV ED
LE p, COUNSEL
AGREEMENT BETWEEN THE CITY OF BEND, OREGO
DESCHUTES COUNTY, OREGON, FOR THE JOINT MANAGEMENT OF
THE BEND URBAN AREA
WHEREAS, the City of Bend, Oregon, hereinafter referred to as "City", and
Deschutes County, Oregon, hereinafter referred to as "County", are authorized under
the provisions of ORS 190.003 to 190.030 to enter into intergovernmental agreements
for the performance of any or all functions that a party to the agreement has authority
to perform; and
WHEREAS, ORS 197.175, 197.190, 197.275, and 197.285 and OAR 660-03-010
require counties and cities to prepare and adopt comprehensive plans consistent with
statewide goals, and to enact ordinances or regulations to implement the com-
prehensive plans; and
WHEREAS, Statewide Planning Goal No. 14 requires that establishment and
change of the urban growth boundary shall be a cooperative process between the City
and the County that surrounds it; and
WHEREAS, City and County recognize a common concern regarding the
accommodation of population growth and utilization of lands adjacent to the City; and
WHEREAS, City and County have adopted and coordinated consistent
comprehensive plans which establish an Urban Growth Boundary for the urban area
and policies related to urban development and the provision of urban services within
the Urban Growth Boundary; and
WHEREAS, City and County recognize that as their comprehensive plans and
implementing ordinances are amended from time to time, that they shall remain
consistent and coordinated with each other; and
WHEREAS, City and County recognize that it is necessary to cooperate with
each other to implement the urbanization policies of their comprehensive plans;
NOW, THEREFORE, the parties do hereby agree as follows:
1. Definitions.
Initial Urban Growth Boundary (IUGB). The urban growth boundary line imposed
on the BAGP and acknowledged in 1981 which identifies and encompasses
urban and urbanizable lands.
1
Joint Management Agreement
Cont.
0127-0 bo
Urban Growth Boundary (UGB). The boundary line imposed on the BAGP which
identifies and encompasses the City, IUGB, and adjacent lands designated
urban reserve.
Urban Facilities and Services. Basic facilities that are primarily planned for by
local government but which also may be provided by private enterprise and are
essential to the support of development in accordance with the comprehensive
plan. Urban facilities and services include police protection, fire protection,
sanitary facilities, storm drainage facilities, streets and roads, water facilities,
planning, zoning and subdivision control, health services, recreation facilities and
services, energy and communication services and community governmental
services (including schools and transportation).
2. Intent of Agreement.
A. City and County hereby agree to establish a procedure for the imple-
mentation of the UGB and the Bend Area General Plan (BAGP), both of
which form an integral part of the City Comprehensive Plan and the County
Comprehensive Plan.
B. The procedures for implementation of the UGB and the BAGP shall be as
specified hereinafter in this agreement.
C. The provisions of this agreement, the BAGP and the implementing ordinanc-
es, as amended, shall establish the procedure for review and action on the
comprehensive plan amendments, implementing ordinances, land use ac-
tions, public improvement projects, and other related matters which pertain
to the UGB.
D. It is hereby recognized that actions relating to the land within the City may
affect the joint management of the UGB and actions relating solely to lands
within the UGB but outside the corporate limits of the City may impact lands
within the City.
E. All actions as specified by this agreement shall be taken to assure that the
City and County Comprehensive Plans remain consistent and coordinated
with each other.
3. Comprehensive Plan and Implementing Ordinance Amendments.
A. All legislative amendments to the BAGP and implementing ordinances, and
all legislative amendments to the UGB shall be enacted in accordance with
the following procedures:
2
Joint Management Agreement
Cont.
0127-0367
1. Whenever City or County proposes a textual change in the BAGP
or implementing ordinances, it shall notify the other jurisdiction of
the proposed change. The jurisdiction so notified shall have forty-
five (45) days to review the change and forward its comments back
to the initiating jurisdiction. Provided, however, that if immediate
passage of the proposed amendment(s) is deemed necessary, and
shorter time for review and comment may be allowed by the
initiating jurisdiction so long as the time allowed is not less than ten
(10) days.
2. At the completion of the review period, proposed changes shall be
forwarded to the Bend Urban Area Planning Commission for
review. Following their review, the Planning Commission shall
recommend to the governing bodies approval, disapproval or
modification of the proposed amendments(s).
3. Upon receipt of the Planning Commission's recommendation, the
governing bodies shall set a date for either a joint public hearing or
separate hearings.
4. Within fifteen (15) days after the close of the hearing, the governing
bodies shall adopt the findings of fact, and adopt, adopt with
changes, or deny the proposed amendment(s).
5. If there is a disagreement between the governing bodies, either
jurisdiction may seek review of the other jurisdiction's decision.
B. An amendment to the BAGP maps or the zoning maps, shall be enacted in
accordance with the following procedures:
The City shall have exclusive jurisdiction for all quasi-judicial plan
map amendments and zoning map changes for lands within the
City limits. Provided, however, the City shall notify the County of
the proposed changes and afford the County the same opportunity
for review as set forth in Section 2 (A) (1) of this agreement.
2. The County shall have exclusive jurisdiction for all plan map
amendments and zoning map changes in the unincorporated UGB
(lands outside the City, but within the UGB). Provided, however,
the County shall notify the City of the proposed map changes and
afford the City the same opportunity for review as set forth in
Section 2 (A) (1) of this agreement.
K
Joint Management Agreement
cont.
0127-0 a 68
3. The applicable jurisdiction shall set a date for a public hearing on
the proposed change in accordance with the City's or County's
adopted land use procedures.
4. The City and County shall have standing to appeal all map
amendments of the BAGP and zoning ordinance enacted by the
other jurisdiction.
4. Review Process for Other Land Use Actions. The City and County shall use the
following process for review and action on proposed land use actions which are
being considered within the UGB.
A. County shall retain jurisdiction over land use decisions within the unin-
corporated UGB, and such decisions shall conform to these adopted
policies:
1. Recognizing that unincorporated areas within the UGB could
ultimately become part of the City, the City's recommendation shall
be considered.
2. The County shall send to the City a notice of pending applications
for land use action within the unincorporated UGB. The City shall
have not less than ten (10) days to respond from the date of notifi-
cation. City recommendations shall be included in the county staff
report.. No response by the City staff to the request shall be
presumed to mean no staff comment regarding the proposal.
3. The City shall have standing to appeal all land use decisions in the
unincorporated UGB.
B. The City shall retain jurisdiction over land use decisions within the City, and
such decisions shall conform to these adopted policies:
1. Recognizing that land use decisions within the City affect the area
outside the City and within the UGB, the County's recommendation
shall be considered.
2. The City shall send to the County notice of pending land use
actions within the City. The County shall have not less than ten
(10) days to respond from the date of notification. County
recommendations shall be included in the city staff report. No
response by the county staff to the request shall be presumed to
mean no staff comment regarding the proposal.
4
Joint Management Agreement
Cont.
012`-03
3. County shall have standing to appeal all land use decisions in the
City.
5. Review Process for Other Land Use Activities. The City and County shall use
the following process for review and action on public improvement projects, and
similar programs, projects or proposals which are allowed by State land use laws
and which will apply to the UGB and within the City.
A. The County shall seek a recommendation from the City with regard to the
following items which are within, adjacent to, or directly impact the UGB and
for which the County has ultimate decision-making capacity:
1. Capital Improvement Programs.
2. Functional plan, or amendment thereto, for utilities, drainage, solid
waste, transportation, recreation or other similar activity.
3. Plan, or amendment thereto, for economic or industrial
development.
4. Proposal for formation of, or changes of boundary or functions of,
special service districts, as these terms are defined in ORS
198.705 and 198.710, except as provided in ORS 199.410 and
199.512.
5. Recommendations for designation of an area as a health hazard.
6. Other plans or proposals similar to the above.
B. The City shall seek a recommendation from the County with regard to the
following items which will affect the UGB and the City, for which the City has
ultimate decision-making capacity:
1. Proposal for annexation to the City.
2. Capital improvement programs.
3. Functional plans, or amendments thereto, for utilities, drainage, rec-
reation, transportation or other similar activity.
4. Plans, or amendments thereto, for economic or industrial
development.
5
Joint Management Agreement
Cont.
0127--00: �,0
5. Proposals for the extension of any utility facility lines or service
area.
6. Other plans or proposals similar to the above.
C. The initiating jurisdiction shall allow the responding jurisdiction forty-five (45)
days to review and submit recommendations with regard to the items listed
in Sections 4 (A) and (B). Additional time may be provided at the request
of the responding jurisdiction and with the concurrence of the initiating
jurisdiction.
D. The initiating jurisdiction shall consider, and shall respond to, as appropriate,
the recommendations of the responding jurisdiction in making its decision.
No response by the responding jurisdiction to the request shall be presumed
to mean no comment on the proposal.
6. Sewer Boundary.
A. The City and County agree to establish a Sewer Boundary as the UGB.
B. City shall provide sewage services to users within the IUGB on the same
basis as such services are provided to users in the City.
1. The provision of sewage services by City shall be at all times
consistent with and in the furtherance of all applicable federal, state
and local laws, rules, regulations and policy.
C. County shall do the following:
1. Cooperate with City and the Department of Environmental Quality
in the administration of all applicable laws, rules and regulations in
the provision of sewage services and effluent disposal within the
UGB.
2. Not approve the formation of sanitary districts or the like within the
UGB, except as consistent with the BAGP.
3. Adopt appropriate legislation requiring the installation of sewage
collector systems within all new subdivisions as a condition of plat
approval.
C.1
Joint Management Agreement
Cont.
0127-05'd
4. Refer persons proposing new development within the UGB to the
City of Bend for information relating to the extension of sewage
facilities to the property being developed.
5. Adopt legislation requiring persons receiving land use permits for
new construction in the IUGB to hook up to sewer facilities as they
are extended to serve their properties.
7. Special Provisions.
A. Annexations:
1. City annexation shall occur only within the IUGB.
2. Specific annexation decisions shall be in compliance with
applicable land use law and be consistent with governing
annexation policies of the City of Bend. The City will provide an
opportunity for the County to comment on annexation proposals in
the manner provided in Section 2 (B) (1) of this Agreement.
3. All the land within the IUGB may be annexed to the City.
B. Urban Services:
1. The Sewer and Water Master Plan (1991) ("Master Plan"), as join-
tly adopted, shall be the controlling guideline for future sewer and
water system construction within the UGB until more detailed engi-
neering consistent with the Plan's intent is available. City will
extend water and sewer outside the IUGB only as allowed by state
land use law.
a. Annexation to the City will be encouraged over the formation
or expansion of special districts.
b. The County will not approve subdivisions or partitions
required by the zoning ordinance to have sewer or water
that are not connected to a sewer system and a water
system consistent with the master plan.
2. The City, County and affected agencies shall coordinate the
expansion and development of all urban facilities and services
7
Joint Management Agreement 0.27-05 N
Cont.
within the IUGB in a manner to promote early annexation of said
areas to the City.
a. Provisions for urban facilities and services shall be planned
in a manner limiting duplication in an effort to provide
greater efficiency and economy of operation.
b. The City and County shall require urban facilities and
services to be available concurrent with or prior to any
development within the IUGB.
C. Consider legislation establishing systems development type charges to be
imposed upon all new development in the IUGB. County and City systems
development charges shall be coordinated, and in compliance with
applicable law.
8. Public Works Construction Standards.
A. The County and City shall cooperatively develop development standards for
sewer, water, fireflows, roads and drainage systems, in order to assure that
an adequate transition may be made from a semi -rural to an urban environ-
ment and from County to City jurisdiction.
B. City shall be responsible for the preparation, adoption and amendment of the
public facility plan required by ORS 197.712(2) (e) with the aid and
assistance of County. City shall coordinate the preparation of the public
facility plan with the County, special districts, state and federal agencies and
private providers of public facilities as required of OAR 660-11-015 (2).
[Amended May 7, 1986]
9. Special District Coordination.
A. When a special district situated fully or partly within the UGB has entered
into an intergovernmental coordination agreement with the County and the
City, it shall be given the opportunity to review and comment on the land use
actions and activities as specified in Sections 2 through 4 of this agreement.
B. If such an agreement is entered into, the special district shall give the City
and County the opportunity to review and comment on the following activities
which will apply to the UGB.
1. Public works projects to be provided by the district.
0
0.27-03 13
Joint Management Agreement
Cont.
2. Plans for establishment, improvement or extension of facilities
provided by the district.
3. Capital improvement programs developed by the district.
10. Enforcement. City shall be responsible for the enforcement of all land use
ordinances within the City Limits. County shall be responsible for the enforce-
ment of all land use ordinances outside the City Limits and within the UGB.
11. Review Amendment and Termination.
A. This Agreement may be reviewed and amended at any time by mutual
consent of both parties, after public hearing by the City Commission and
Board of County Commissioners.
B. This Agreement shall be reviewed, and may be amended, at the time
established for review of the BAGP.
C. Any modifications in this Agreement shall be consistent with the BAGP and
County Comprehensive Plan.
D. This agreement may be terminated by either party under the following
procedure:
1. A public hearing shall be called by the party considering
termination. The party shall give the other party notice of hearing
at least forty-five (45) days prior to the scheduled hearing date.
The forty-five (45) day period shall be used by both parties to seek
resolution of differences.
2. Public notice of the hearing shall be in accordance with applicable
state-wide and local goals and statutes.
3. An established date for termination of the Agreement shall be at
least ninety (90) days after the public hearing in order to provide
ample time for resolution of differences.
12. This Agreement replaces the management agreement between the City and
County dated July 13, 1982 as amended. That agreement is hereby declared
to be null and void.
N
Joint Management Agreement
Cont.
IN WITNESS WHEREOF, this Urban Gowth Area Joint Management Agreement
is signed and executed this 30., day of , 1993.
CITY OF BEND, OREGON BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
Mayor
ATTEST:
Finance Officer Recorder
Q:\PLN\UGB\JNTMNG.fnl
6/29/93
10
Throop, Chairman
�rxzf�Q
Nancy Pope Schlangen, Commissioner
Barry Slabghter, ComrrAssioner
ATTEST:
Rec rding Secretary