Resolution No. 90-02 _ CITY OF TIGARD, OREGON
RESOLUTION NO. 90-O.-�Z
A RESOLUTION ADOPTING AN AGREEMENT TO MEASURE NOISE LEVELS ON HEAT
PUMP IHSTALLATTONS WITH AND FOR THE CITY OF KING CITY.
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WHEREAS, the City of King City Resolution R-89-29 authorizes an agreement for
measuring noise levels on heat pump installations with the City of Tigard.
WHEREAS, the City of Tigard wishes to provide the service of measuring noise
levels on heat pump installations 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: The attached Noise Measurement Service on Heat Pump Instal-
latiins agreement Exhibit "A" shall be adopted as Resolution
No. G.'
Section 2: The Mayor and City Recorder are authorized by tl� City Council
to execute Exhibit "A".
,. PASSED: This J �_ day of
c /
Mayor - Ci of Tigard
ATTEST:
Degat6y City Recorder - Citvlbf Tigard
APPROVED AS TO FORM:
City Recorder
U iw
Date
RESOLUTION NO. 90-
Page 1
EXHIBIT "A"
( AGREEMENT TO PROVIDE NOISE MEASUREMENT SERVICE ON HEAT PUMP, AIR
` CONDITIONER, AND APPLIANCE INSTALLATIONS
TMAGREEMENT, is made and entered into this ��—'� day of ��i[___g ; _,.,
I Mir*
1 by and between the City of Tigard ("Tigard"), a municip corporation
of the State of Oregon, and the City of King City ("King City"), a municipal
® corporation of the State of Oregon.
WHEREAS, king City has by its Ordinance No. 0-89-7 adopted its noise
ordinance for the purpose of regulating the amount of noise to be allowed to
be generated upon any property in its jurisdiction.
WHEREAS, King City wishes to contract with Tigard for p-nviding a
service of taking noise level readings on the installation of heat pumps,
air conditioners and similar appliances.
WHEREAS, Tigard has employed trained personnel to administer noise
level readings in accordance with the King City noise ordinance.
WHEREAS, ORS 190.010 provides authority to local governments to make
intergovernmental agreements for the performance of functions.
WHEREAS, Tigard is willing to undertake the obligation thereof.
NOW THEREFORE, IN CONSIDERATION OF THE MUTUAL PROMISES AND COVENANTS
HEREIN CONTAINED IS MUTUALLY AGREED AS FOLLOWS:
1. Tigard will furnish competent personnel required to perform the
following services in accordance with Ordinance No. 0-89-7 of King City
with respect to the service of performing noise level readings on heat
pump, air conditioner, or appliance installations:
(a) Provide the necessary equipment to measure the noise emitted by
heat pumps, air conditinners, and appliances.
(b) Provide a written report detailing the results of all noise level
readings conducted.
(c) Provide personnel to appear at any proceedings pertaining to
inspections performed under this agreement.
2. King City agrees to the following, for services provided by Tigard in
this agreement:
(a) King City will reimburse Tigard for the services rendered at the
rate of $20.00 for each inspection requested.
(b) When services are required by Tigard, for proceedings described in
1 (c) occurring from the taking of such noise readings, King City
will reimburse Tigard at a rate equal to one and one half the
normal compensation rate (including benefits) for the Tigard
personnel. There will be a minimum one hour charge.
Resolution No. R-89-37, page 2
(c) When services ara required outside of the normal business hours of
Tigard's personnel, King City will reimburse Tigard at a rate to
two times the normal compensation rate (including benefits) for
1 the Tigard personnel. There will be a minimum or,e hour charao
ac? rnat the arrangement herein set forth
shall continue for the period ending June 30, 1990, and may continue there-
after from year to year so long as neither party gives to the other written
notice to terminate the said arrangement hereby established.
Such tesmir_ation 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.
King City hereby agrees to defend, hold harmless, and indemnify Tigard, its
agents, and employees from any and all claims and demands related to
Tigard's performance under this agreement.
It is the intent and purpose of the parties hereunder to be bound hereby to
the extent that they may lawfully assent in accordance with chapter 190
Oregon Revised 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 agreement to be
executed by its Mayor and Recorder pursuant to resolution of its Council
passed at a regular meeting thereof on the �_ day of ,1&U4� t_
and the CITY OF KING CTT4 has caused this agreement by __4,1&U4,4-
to May-_Y aad
Recorder pursuant to action of its Council duly passed at a meetingthereo�
on the 18th day of Octo 1989.
CITY O IGARD CITY OF KING CITY
By ,LL 2 Lit
Mayor Mayor
By _t lamj Ju/ , By
City Recorder City Recorder
APP 0D AS T FOR APPROVED AS TO FORM:
�j
BY By r
i City Attorney
RESOLUTION R-89-37, page 3
RESOLUTION NO. R-89-37
A RESOLUTION AUTHORIZING AN AGREEMENT FOR MEASURING NOISE LEVELS ON
KING CITY BY THE CITY OF TIGARD, AND RESCINDING RESOLUTION NO. R-89-29.
WHEREAS, the City of King- City requests the City of Tigard to
provide the service of measuring noise levels on tic-at pump, air
conditioner, and appliance -instal!at ons; and
WHEREAS, the City of Tigard has competent personnel to provide the
service; and
WHEREAS, the cities of Tigard and King City have authority, under
OR$ 190.010, to enter into -intergovernmental agreements for the
performance of functions;
NOW THEREFORE, BE IT RESOLVED by the city Council of the City of
King City that Resolution No. R-89-29 hereby be rescinded; and
BE IT FURTHER RESOLVED that the City of Tigard provide the service
of measuring noise levels on heat pump, air conditioner, and appliance
installations, and the attached, Exhibit "A" - Agreement To Provide
Noise Measurement Service On Heat Pump, Air Conditioner, and Appliance
Installations, be adopted as part of this Resolution.
PASSED by the City council of King city and signed by me in
authentication of its passage this 18th day of October, 1989.
CITY OF KING CITY, OREGON
Mayor -
ATTEST:
By /
City Recorder