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HomeMy WebLinkAboutDoc 242 - BBR MOU re ServicesREVISED AND AMENDED MEMORANDUM OF UNDERSTANDING Upon petition of landowners within the Black Butte Ranch Service District, the Board of County Commissioners of Deschutes County, Oregon formed a County Service District pursuant to ORS 451.410, et seq known as Black Butte Ranch Service District, for the purpose of acquiring, constructing, maintaining and operating any or all of the following service facilities: 1. Fire prevention and protection; 2. Security services; 3. Enhanced law enforcement services; 4. Sewage works and services; 5. Water supply works and services; 6. Vector control; 7. Solid waste disposal; and 8. Emergency medical services. On October 18, 1989, the Board of County Commissioners of Deschutes County. Oregon, executed the Final Order creating the Black Butte Ranch Service District. The Black Butte Ranch Service District has since that date been operating and plans to continue operation in perpetuity providing enhanced law enforcement and security services. The Black Butte Ranch Service District has a reliable source of funding in a tax base approved by its voters. The Board of County Commissioners of Deschutes County. Oregon, acting as the County Service District Governing Body, hereby delegates to the Managing Board of the Black Butte Ranch Service District, the operation of the District as the Governing Body's agent, pursuant to the laws of the State of Oregon. The Managing Board shall consist of not less than five (5) members and have the authorities and duties as set forth in Exhibit "A" attached hereto and incorporated herein. The Black Butte Ranch Association, acting through its Board of Directors, shall make recommendations for appointments for all positions on the Managing Board, except the ex -officio position, to the County Service District Governing Body. The Governing Body shall appoint the Managing Board and an ex -officio position. The Managing Board shall, from time to time, review this agreement and attachments and initiate modifications or amendments which are necessary or desirable for the conduct of the Black Butte Ranch Service District. All modifications or amendments shall include a review and recommendation from the Black Butte Ranch Association and shall be approved by the County Service District Governing Body. COPY County Commissioners Page 1 of 2 Mar -10 REVISED AND AMENDED MEMORANDUM OF UNDERSTANDING All current members of the Managing Board are reappointed and shall continue in their terms in accordance with the prior editions of this document. This amended agreement shall be effective on and after ATTEST: Recording Secretary BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ACTING AS THE COUNTY SERVICE DISTRICT GOVERNING BODY Chairman Commissioner Commissioner DATED and agreed to this day of 2010. BLACK BUTTE RANCH ASSOCIATION Robert Wollmuth, Board Chair Ruth Burk, Board Secretary COPY County Commissioners Page 2 of 2 Mar -10 EXHIBIT "A" AGREEMENT This Exhibit is attached to and part of the Revised and Amended Memorandum of Understanding regarding the operation of the Black Butte Ranch Service District (District). The District was created as a county service district on October 18, 1989, pursuant to ORS 451.410 et seq for the purpose of acquiring, constructing, maintaining, and operating any and all of the service facilities set forth in the formation Order. The District was initially established and authorized by the Deschutes County Commissioners serving in their role as the Governing Board for the County Service District to provide security services by their Order entitled Memorandum of Understanding and Agreement initially dated the 18th day of October, 1989. This Exhibit modifies and states the procedures and requirements for management and operation of the Black Butte Ranch Service District to provide enhanced law enforcement and security services within the boundaries of the District. A. STRUCTURE The County Service District Governing Body (hereinafter "District Governing Body") is comprised of the Board of County Commissioners of Deschutes County, Oregon. The District Governing Body has delegated, pursuant to a Revised and Amended Memorandum of understanding dated April 22, 1992, the operation of the Black Butte Ranch Service District to the Managing Board of the Black Butte Ranch Service District (hereinafter "Managing Board"). The Managing Board, as agent for, and acting on behalf of the District Governing Body, shall have the duties and authority as set out in this Agreement. B. BLACK BUTTE RANCH SERVICE DISTRICT MANAGING BOARD 1. Composition The Black Butte Ranch Service District shall be managed and operated by the Managing Board. The Managing Board shall consist of not less than five (5) nor more than seven (7) members, consisting as follows: Position 1: Black Butte Ranch property owner appointed by the Black Butte Ranch Association Chair. Position 2: Black Butte Ranch non-resident property owner. Position 3: Black Butte Ranch resident property owner. COPY Page 1 of 6 County Commissioners EXHIBIT "A" AGREEMENT March 2010 All other positions shall be filled by Black Butte Ranch property owners, either resident or non-resident. Except for Position 1, no position on the Managing Board shall be held by a member of the Black Butte Ranch Association Board. In addition to the above designated positions, there may be an ex -officio position held by a Deschutes County official. The ex -officio position shall be appointed by and serve at the pleasure of the District Governing body, and shall be a non-voting position. The Chair of the Managing Board shall be selected in accordance with the Black Butte Ranch Service District operating policies and procedures. An executive officer may also be designated by the Managing Board for purposes of ORS 294.391 et seq. 2. TERM Each member of the Managing Board shall serve for a term of three years, including those persons appointed prior to the date of this amended exhibit. Terms shall begin on July 1 and expire on June 30 of the ending year. A member shall serve for no more than two consecutive terms. Position 1 member may serve only while a current member of the Black Butte Ranch Association Board. 3. APPOINTMENTS The Managing Board shall be appointed by the District Governing Body. The existing Managing Board shall solicit applications for vacant positions. Such solicitation shall appear in a publication of general circulation within the Black Butte Ranch Service District, or any other generally accepted method of notification which reasonably ensures notice to all property owners in the Black Butte Ranch District. The Managing Board will identify an applicant and advance their recommendation for appointments to the Governing Board after soliciting comments from the Black Butte Ranch Association. COPY Page 2 of 6 County Commissioners EXHIBIT "A" AGREEMENT March 2010 Members of the Managing Board shall serve at the pleasure of the District Governing Body and may be removed with or without cause by action of the District Governing Body. 4. COMPENSATION The Managing Board members shall not be entitled to receive any compensation attributable to service as a member of the Managing Board. A Managing Board member may be reimbursed for any expense which he or she incurs on behalf of the Managing Board, provided such expenditure is approved by the Managing Board and proper voucher(s) supporting such expenditure is submitted to the Managing Board. 5. COMMITTEES The Managing Board shall have the authority to appoint such committees as in its discretion it deems necessary to assist the Managing Board in the operation of Black Butte Ranch Service District. The duties and powers of such committees shall be determined by the Managing Board. Committee members must be Black Butte Ranch property owners but need not be members of the Managing Board. 6. MEETINGS Each member of the Managing Board shall have an equal vote in all Managing Board decisions. The Managing Board shall hold regular meetings and may hold special meetings as necessary. A special meeting may be called by the Managing Board Chair or upon the request of any two Board members. All meetings shall meet the requirements set forth in ORS Chapter 192. C. ADMINISTRATION The Managing Board is authorized to contract with the Association for administrative services, or to employ an administrator to manage the daily operations of the Black Butte Ranch Service District. The Managing Board shall advise the COPY Page 3 of 6 County Commissioners EXHIBIT "A" AGREEMENT March 2010 Association and District Governing Body regarding any change in the status or person of the administrator. In addition to his or her other duties, the administrator shall serve as the budget officer of the Black Butte Ranch Service District for purposes of ORS 294.391 et seq. D. AUTHORITY AND DUTIES OF MANAGING BOARD Upon the issuance of an order by the District Governing Body pursuant to the provisions of ORS 451.485 or, in the event of a referendum vote upon such an order pursuant to ORS 451.487 and a determination that a majority of those voting have approved such order, the Managing board may acquire, construct, maintain, and operate any one or more of the following service facilities: 1. Fire prevention and protection; 2. Security services; 3. Enhanced law enforcement; 4. Sewage works and services; 5. Water supply works and services; 6. Vector control; 7. Solid waste disposal; and 8. Emergency medical services. Nothing herein shall be construed so as to prevent either the Association or any other owner of property within the Black Butte Ranch Service District from initiating a recommendation to the District Governing Body either favoring or opposing such an order, and the District Governing Body may by its own initiative request recommenda- tions from the Association or other members of the public. The authority to create any of the above service facilities shall include the authority to enter into contracts with necessary associations or public agencies. Purchasing of facilities, materials and services shall be in compliance with ORS Chapter 279 and the Rules and Regulations of Public Bidding adopted by Deschutes County. All equipment, facilities, and materials purchased with public funds shall remain public property unless expended in the course of operation of the service facilities or disposed in accordance with the applicable laws relating to the disposal of surplus property of the District. The Managing Board may obtain financing in any or all of the service facilities by any method authorized by law including, but not limited to the establishment of a tax base; the use of funds from a fund established under ORS 280.055 or ORS 451.540. COPY Page 4 of 6 County Commissioners EXHIBIT "A" AGREEMENT March 2010 The Managing Board shall have the authority to enter into contracts to be completed within the respective fiscal year for financing in anticipation of tax revenues or other funding sources. The Managing Board shall adopt operating policies and procedures for the operation of the Black Butte Ranch Service District. The operating policies and procedures shall be adopted by a two-thirds vote of the Managing Board. The Association shall be notified of all proposed changes in the operating policies and procedures. The Managing Board shall create a subcommittee comprised of three (3) members for the purpose of preparing a fiscal year budget for the Black Butte Ranch Service District, which members shall also serve as members of the Budget Committee required by ORS 294.336. The subcommittee shall submit the proposed fiscal year budget to the Managing Board for review prior to submitting the proposed fiscal year budget to the District Governing Body budget committee. The Managing Board may employ, evaluate and terminate employees necessary for performing the services of each service facility. The Managing Board shall prepare and approve personnel standards and policies relating to all employees. The Managing Board may purchase, lease or otherwise contract for equipment and supplies necessary for any service facility approved in the fiscal year budget. The Managing Board may recommend to the Governing Body acceptance of contracts to provide for financing of needed equipment and supplies. The Managing Board shall maintain public liability insurance coverage in an amount not Tess than the tort limits for public bodies as set out in Oregon Tort Claims Act. ORS 30.310 & et seq. The Managing Board shall also maintain insurance covering the buildings, equipment and other tangible property of the Black Butte Ranch Service District in an amount not less than replacement value. The financial transactions of the Managing Board shall be in compliance with the requirements of the local budget laws and expenditure limitations contained in the laws of the State of Oregon. All records of the Managing Board shall be deemed public records in accordance with ORS Chapter 192. E. AUTHORITY AND DUTIES OP DISTRICT GOVERNING BODY The District Governing Body shall provide, upon request of the Managing Board, COPY Page 5 of 6 County Commissioners EXHIBIT "A" AGREEMENT March 2010 payroll, accounting and legal services to the Managing Board at county cost. The District Governing Body shall also provide, upon request of the Managing Board, the necessary auditing services for the service facilities at reasonable cost to the Managing Board. The District Governing Body, acting as members of the budget committee as set out in ORS 294.336, shall participate in the review and approval of the fiscal year budget, and shall assume responsibility for compliance with all publication, notice and hearing requirements for the budget process. The District Governing Body shall also be responsible for compliance with such requirements in connection with any other measures, ordinances or actions necessary for the operation of the Black Butte Ranch Service District. The District Governing Body shall also prepare and complete all necessary election filings and other requirements for any tax base levy. F. ACCOUNTING The fiscal year of the Black Butte Ranch Service District shall be the same as that established for Deschutes County, Oregon. G. REVIEW This Agreement shall be reviewed at least annually by the Managing Board. Modifications or amendments to the Agreement may be proposed by the Managing Board, or by other parties to the Agreement. Such modifications or amendments will become effective only upon the receipt of a two-thirds favorable vote by the District Governing Body. H. DURATION OF AGREEMENT This Agreement shall be automatically extended from year to year on the same terms and conditions, including modifications and amendments. If any part, paragraph, section or provision of this Agreement is determined to be invalid by any court of competent jurisdiction, such invalidated portion shall not affect the validity of any remaining section, part or provision of the Agreement. COPY Page 6 of 6 County Commissioners EXHIBIT "A" AGREEMENT March 2010