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Resolution No. 87-88 CITY OF TIGARD, OREGON RESOLUTION NO. 87- A RESOLUTION ADOPTING AN AGREEMENT TO PROVIDE BUILDING AND PLUMBING CODE INSPECTIONS WITH AND FOR THE CITY OF KING CITY. WHEREAS, the City of King City Resolution 118 authorizes an agreement for building and plumbing nspection services with the City of Tigard. WHEREAS, the City of Tigard wishes to provide the building and plumbing inspection services for the City of King City. WHEREAS, the City of Tigard has competent personnel to provide the services. NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: Section 1: All previous agreements for building and plumbing inspection services with the City of King City are repealed. Section 2: The attached Building Code Services Agreement Exhibit "A" and Plumbing Code Services Agreement Exhibit "B" shall be adopted as Resolution No. 87- - . Section 3: The Mayor and City Recorder are authorized by the City Council to execute Exhibit "A" ]and "B". PASSED: This [i.L—._ day of 461"n 1987. Mayor - City of Tigard ATTEST City Recorder - City of Tige BR:sb/1624W RESOLUTION NO, 87- Page 1 AGREEMENT FOR BUILDING CODE SERVICES THIS AGREEMENT, is made and entered into this _ nth day of MAY , 1983, by and between the City of Tigard ("Tigard") . a municipal corporation of the State of Oregon, and the City of King City ("King City-,) , a municipal corporation of the State of Oregon. WHEREAS, Tigard has by its Ordinance No. 86-53 adopted as its building code the provisions of the 1985 Uniform Building Code Standards as published by the International Conference of Building Officials, and further adopted the structural specialty code and fire and life safety regulations, the mechanical specialty code and mechanical fire and life safety regulations, and the one and two C family dwelling specialty code, all as adopted and authorized by the State of Oregon; and WHEREAS, Tigard has e4ployed trained and certified personnel to administer the above codes and standards in accordance with their provision; and WHEREAS, King City has by its Ordinance No. 106 likewise adapted as its Building Code the same provisions, amendments and Inclusions; and WHEREAS, the fees and rates for municipal services rendered in connection with administration of said Building Code as set forth in Tigard°s Ordinance No. 86-53 are comparable to the fees and charges for Similar services to be rendered by King City, and King Exhibit "A" i City desires to contract with Tigard for administration of its i Building Code by Tigard personnel as hereinafter set forth, and Tigard is willing to undertake the obligations thereof. NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL PROMISES AND COVENANTS HEREIN CONTAINED IS MUTUALLY AGREED AS FOLLOWS: 1. Tigard will furnish competent personnel req::''-red to perform the following services in accordance with Ordinance No. 108 of King City with respect to the administration of the King City Building Code: (a) Provide necessary forms and instructions for completion thereof required for building permits and other applications for work to be performed under the terms of said Building Code. (b) Accept applications at the office of the City of Tigard for building permits and other permits pursuant to said Building Code during all normal business hours on working days and receive from the applicant in each instance the fees prescribed by King City Ordinance No. 108 (c) Check plans and specifications submitted with said application for permits for compliance with the standards prescribed by said Building Code. (d) Inspect the site prior to issuance of building permits to ascertain compliance with land use and on-site fire protection regulations of the City of King City. (e) issue building permits as and when appropriate to do so in compliance with said Building Code of King City. (f) Inspect construction as it progresses under each permit to ascertain compliance with the Building Code and the specifications upon which the permit was based. (g) Issue orders pursuant to the Building Code to require compliance therewith. (h) Furnish to the Recorder of King City reports on non- compliance and stop-work orders and other orders which may be issued to require compliance with the King City Building Code. 2 - (i) issue such other and further permits, including occupancy permits, as may be consistent with said Code upon completion of work in compliance with the require- ments thereof. 2. King City and Tigard further agree that: (a) in consideration-of the foregoing services, all fees prescribed by the King City Building Code and all amounts paid f of citshay andpinalieuothereof, and Tigard does e City of TlgaLrd on behalf o_ King City hereby agree to accept same in full payment of all services to be performed pursuant to the terms of this contract. (b) Tigard does not hereby become authorized nor bound to perform any policing or enforcement services with respect to violations of King City Ordinances including the Building Code, except as herein expressly stated, and all violations shall be reported to and attended by King City officers. (c) Tigard agrees to furnish to King City upon request and at convenient intervals a statement of all permits and the amounts collected therefor, issued by the City of Tigard and showing all revenues derived by the City of Tigard hereunder. (d) King City does hereby agree that all applicants for building permits'shall be referred and required to apply at Tigard City Ball for issLance of permits, and Tigard, under the provisions hereof, shall operate as the: lawful agent and representative of King City with respect to the checking of plans, issuance of permits, inspection services, etc. , as herein required, and the City of Tigard is hereby authorized to act in the premises to the same legal intent and purpose as if King City was administering the provisions of its Ordinance No. 108 by its own personnel, except as hereinafter set forth. (e) The City of Tigard shall cause to have its liability insurance coverage with respect to its activities in behalf of King City conducted hereunder properly endorsed to name King City as co-insured with respect to responsi- bilities or liabilities for claims of non-feasance, malfeasance, or misfeasance which may arise by reason of the conduct of activities hereinunder licensed by the City of Tigard in behalf of King City, and, to the extent of such insurance coverage, the City of j Tigard agrees ' hereby to save, hold harmless, and indemnify King City 3 - therefrom. A Cagy of insurance certificate or evidence of such coverage shall be furnished to the City Recorder, of King City. It is the intent of this contract that the arrangement herein set forth shall continue for the period ending 19 88 and may continue thereafter from year to year so long as neither Party gi-ues to the other written notice to terminate the said arrangement or the intent to terminate the arrangement hereby established. Such termination may be invoked at any time by such notice on the part of King City; provided that Tigard shall give King City not less than thirty-_(30) days' notice of its intent to cancel or withdraw from the arrangement herein described. It is the intent and purpose of tha parties hereunder to be bound hereby to the extent that they may lawfully assent in accor- dance with Chapter 390 Oregon Revised Statutes, and each of the parties shall be bound hor6by only to the extent that they lawfully assent tO the term_ hereof- IN WITNESS WHEREOF, the CITY OF TIGARD has caused this agree- ment to be executed by its Mayor and Recorder pursuant to resolu- tion of its Council duly passed at a regular meeting thereof on the �51h day of Jame 1967, and the CITY OF KING CITY has caused this agreement to be executed by its Mayor and Recorder _ 4 _ l pursuant to action of its Council duly passed at a meeting thereof on the 2 day of T)cu", 1987. CITY �O.FF TIGARD CITY OF KING CITY By By Mayor Mayoa By_ i h�U e� - By lav ' �P A,-114a*— City Recorder { � Ci�* Recorder i APPROVED AS TO FORM: APPROVED AS TO FORM: 1 _ B BY City Attor a Attorney 5 — AGREEMENT FOR PLUMBING CODE SERVICES THIS AGREEMENT, is made and entered into this 20th day Of MAY , 1987, by and between the City of Tigard ("Tigard"), a municipal corporation of the State of Oregon, and the city of King City ("King City") , a municipal corporation of the State of Oregon. WHEREAS, Tigard has by its Ordinance No. 86-53 adopted the State of Oregon Plumbing Specialty Code, 1980 Edition, with t' - 1981 and 1984 amendments, based on the 1979 Edition of Uniform Plumbing Code, published by the International Conference of Building Officials, and has on its staff trained personnel to administer the same in accordance with this provision; and WHEREAS, King City has by its Ordinance No.�108 likewise adopted as its Plumbing Code the said provisions adopted by Tigard; WHEREAS, the fees and rates for municipal services rendered in connection with administration of said Plumbing Code as set forth In Tigard's Ordinance No. 86-53 are comparable to the fees and charges for similar services to be rendered by King City, and King City desires; to contract with Tigard for administvatlon of its Plumbing Code by Tigard personnel as hereinafter set forth, and Tigard is willing to undertake the obligations thereof, Exhib?t "B" NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL PROMISES AND COVENANTS HEREIN CONTAINED IT IS MUTUALLY AGREED AS FOLL( ;.-: 1. Tigard will furnish competent personnel required to perform the following services in accordance with Ordinance No. 108 of King City with respect to the administration of the Ying City Building Code- (a) Provide necessary forms and instructions for completion thereof required for plumbing and sewer permits and other applications for work to be performed under the terms of said Plumbing Code. (b) Accept applications at the office of the City of Tigard for plumbing and sewer permits and other permits pursuant to said Plumbing Code during all normal business hours on working days and receive from the applicant in each instance the fees prescribed by King City Ordinance No. 908 (c) Check plans and specifications submitted with said application for permits for compliance with the standards prescribed by said Plumbing Code. (d) Issue plumbing and sewer permits as and when appropriate to do so in compliance with the said Plumbing Code of King city. (e) inspect construction as it progresses under each permit to ascertain compliance with the requirements of the Plumbing Code and the specifications upon which the permit was based. (f) Issue orders pursuant to the Plumbing Code to require compliance therewith. (g) Furnish to the Recorder of King City reports on non- compliance and stop-work orders and other orders which may be issued to require compliance with the King City Plumbing Code. (h) Issue such other and further permits, including occupancy permits, as may be consistent with said Code upon completion of work in compliance with the requirements thereof. 2 _ 2. King City and Tigard further agree that: (a) In consideration of the foregoing services, all fees prescribed by the King City Plumbing Code and all amounts paid thereunder shall be paid to the City of Tigard on behalf of King City and in lieu thereof, and Tigard does hereby agree to accept same in full payment of all services to be performed pursuant to the terms of this contract. (b) Tigard does not hereby become authorized nor bound to perform any policing or enforcement services with respect to violations of King City Ordinances including the Plumbing Code, except as herein expressly stated, and all violations shall be reported to and attended by King City officers. (c) Tigard agrees to furnish to King City upon request and at convenient intervals a statement of all permits and the amounts collected therefor, issued by the City of Tigard and showing all revenues derived by the City of Tigard hereunder. (d) King City does hereby agree that all applicants for plumbing and sewer permits shall be referred and required to apply at Tigard City Ball for issuance of permits, and Tigard, under the provisions hereof, shall operate as the lawful agent and representative of King City with respect to the checking of plans, issuance of permits, inspection services, etc. , as herein required, and the City of Tigard is hereby'author ized to ;:%ct in the premises to the same legal intent and purpose as if King City was administering the provisions of its Ordin=ance No. 108_ by its own personnel, except as hereinafter set forth. (e) The City of Tigard shall cause to haves its liability insurance coverage with respect to its activities in behalf of King City conducted hereunder properly endorsed to name King City as co-insured with respect to responsibilities or liabilities for claims of non- feasance, malfeasance, or misfeasance which may arise by reason of the conduct of activities hereinunder licensed by the City of Tigard in behalf of King City, and, to the extent of such insurance coverage, the City of Tigard agrees hereby to save, hold harmless, and indemnify King City therefrom. A copy of Insurance certificate or evidence of such coverage shall be furnished to the City Recorder of King City. e - 3 - It is the intent of this contract that the arrangement herein t set forth shall continue for the period ending 1111,JF 3n_1 19 RA and may continue thereafter from year to year so long as neither party gives to the other written notice to terminate the said arrangement or the intent to terminate the arrangement hereby established. Such termination may be invoked at any time by such notice on the part of King City; provided that Tigard shall give King City not less than thirty (30) days' notice of its intent to cancel or withdraw from the arrangement herein described. It is the intent and purpose of the parties hereunder to be bound hereby to the extent that they may lawfully assent in accor- dance with Chapter 190 Oregon Revisecl Statutes, and each of the parties shall be bound hereby only to the extent that they lawfully assent to the terms hereof. IN WITNESS WHEREOF, the CITY OF TIGARD has caused this agree- ment to be executed by its Mayor and Recorder pursuant to resolu- tion of its Council duly passed at a regular meeting thereof on the 15th day of June , 1987, and the CITY OF KING CITY has caused i this agreement to be executed by its Mayor and Recorder pursuant to i i t s _ action of its Council duly passed at a meeting thereof on the .7 0 i day of 770--( , 1987. CITY OF TIGARD CITY OF KING CITY By— lit/i `yv B r• �4.C{ "? �✓ii-Lc c Mayor By LLfa° �� i (�✓ cC�(� By p� p �. City Retarder Ci Recorder i APPROVED AS TO FORM: APPROVED AS To FORM: I I Sy By - City Attorney yAttorney l a 1 5 RESOLUTION NO. 118 A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AGREEMENTS FOR BUILDING CODE AND PLUMBING CODE SERVICES WITH CITY OF TIGARD. WHEREAS, the City of King City recently has adopted Ordinance No. 108 regulating building, plumbing, electrical installations, a atement of dangerous buildings, moving of buildings and construction of swimmng pools; and WHEREAS, the City of King City has no personnel who are sufficiently skilled to administer such-ordinances; and WHEREAS, the City of Tigard has provided such services for the City of King City since 1969 and is desirous of continuing to provide such services for the City of King City; and TAiEREAS, an Agreement between the Cities is authorized and provided for under ORS 190.010. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KING CITY THAT: Section 1: The City Council of the City of King City has reviewed the agreement for building code services and the agreement for plumbing code services which have been marked Exhibits "A" and "B," respectively, and are attached hereto and incorporated herein, and finds such agreements to be in the best interest of the City of King City _ Section 2: The Mayor and City Recorder of the City of King Cityer�are authorized to execute the agreement for building code services and the agreement for plumbing code services attached as Exhibits °A` and "B," respectively, on behalf of the City Council of the City of King City, such agreement being in furtherance of the peace and welfare of the citizens of King City. Lection 3: The King City City Administrator is hereby authorized to forward these executed agreements to the City of Tigard for execution and approval. INTRODUCED AND ADOPTED this 2,Q_thday of May, 1987. CITY OF KING CITY, OREGON 1 ayor ATTEST: , By �/P 1-wai(f,�f/�"i 3�lcr i Page I - Resolution No. 118