Tualatin Hills Park and Recreation District - Management and Operation of Barrows Park AGREEMENT
Management and Operation of Barrows Park
BFTVVEEN: City of"Tigard, an Oregon Municipal Corporation ("City")
AND: Tualatin hills Park and Recreation District, (`"THPRD")
A Special District
DATED: ,2011
RECTTALS
A. Both City and THPRD are units of local government organized under the laws of
the State of Oregon.
B. Tigard wishes to annex territory that includes a small portion of a developed
THPRD facility,known as Barrows Park, which will cause this facility and a portion of
TI-IPRD's political boundary to exist within the jurisdictional boundaries of City. The territory
proposed to be annexed by the City,that is the subject of this Agreement("Annexation.Area"), is
illustrated on the map attached hereto as Exhibit A and incorporated herein by reference.
C. The Annexation Area is former right-of-way for Barrows Road. Barrows Park
exclusive of the Annexation Area will remain within the jurisdictional boundaries of the City of
Beaverton. The City of Beaverton allows THPRD to manage Barrows Park for recreational use
pursuant to a 2007 agreement, which agreement will remain in effect and be complemented by
this agreement.
D. Both City and TITPRD wish to enter into an agreement for the management and
operation of the Annexation Area, which is a portion of Barrows Park that will now exist within
the jurisdictional boundaries of the City.
E. Under Exhibit D to the Tigard Urban Service Agreement("YUSA"), which is an
agreement that both City and THPRD have accepted as binding, City is.the designated provider
of park services within its jurisdictional limits, but City and THPRD may enter into
intergovernmental agreements for the provisions of park, recreation, and open space services to
residents within each others' boundaries.
F. Under ORS 190.010 units of local government may enter into written agreements
for the performance of any or all functions that a local government is authorized to perform.
AGREEMENT
NOW,TI IEREFORE, the parties mutually agree as follows:
1. Rights of THPRD. City acknowledges THPRD's management of the
Annexation Area,and'THPRD's continuing right to operate and maintain the facility, all of
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which may occur to the fullest extent possible under THPRD's charter and ordinances. City
agrees it will not deannex the Annexation Area from THPRD.
2. Rights of City. THPRD acknowledges City's annexation has the effect of
including the Annexation Area within the jurisdictional limits of City. THPRD consents to the
annexation and agrees that City play enforce its charter; ordinances, and all provisions of state
and federal law within the Annexation Area except as specifically provided in this agreement.
3. Conflicts in Regulations. If a situation presents a conflict between City and
THPRD regulations such that enforcing both regulations would produce different results, the
THPRD regulation shall control questions involving park use and enjoyment, conduct of park
patrons, vehicle parking on park premises, care and maintenance of the park facility,hours of
operation, and any other situation where the interests of the public in park operation are more
specific and relevant than are the interests in general city governance with respect to the facility.
4. Municipal court. The proper venue for violations and crimes that occur on
THPRD premises covered by this agreement shall be the Municipal Court for the City of'Figard,
to the extent that Court has jurisdiction over the violation in question.
5. Applicability. This Agreement is intended to address the Annexation Area,
following annexation only. The remainder of the Barrows Park facility not within the
Annexation Area,remains within the jurisdictional limits of the City of Beaverton and its
operations are governed by a separate agreement between TITPRD and Beaverton.
6. Term,Termination. The tern of this Agreement is perpetual unless it is
terininated as provided herein, This Agreement may be terminated by either party for any reason
upon six months' written notice to the other party's designated representative listed below:
City of Tigard:
Dennis Koellcrmcicr
Public Works Director
City of Tigard
13125 SW Hall Blvd.
Tigard Oregon 97223,
(503) 718-2596
dennis@tigai-d-or.gov
THPRD:
Hal Bergsma
Director of Planning
Tualatin Hills Park.and Recreation District
15707 SW Walker Rd
Beaverton,OR 97006
(503) 645-643;
hbergsnla@thprd.org
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7. Dispute resolution. if a dispute arises between the parties,including if the
parties cannot agree on an interpretation of any of its provisions, the parties shall attempt to
resolve the problem by negotiation, followed by non-binding mediation, then binding arbitration.
The progivssive dispute resolution process set forth under Article IX of the TUSA shall be
employed to resolve disputes under this section.
8. Severability. If any portion of this Agreement is invalidated by a court of court
of competent jurisdiction, such provision is deemed a separate provision, and such holding shall
not affect the validity of the remaining portions of this Agreement.
CITY OF TIGARD.an Oregon Municipal TUALATIN HILLS PARK AND
Corporation RECREATION DISTRICT,a Spccial District
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