Resolution No. 90-34 CITY OF TIGARD, OREGON
RESOLUTION NO. 90- �
A RESOLUTION ADOPTING AN AGRPEMENT TO PROVIDE STATE BUILDING CODE INSPECTION
SERVICES; PROVIDE SERVICES FOR THE ABATEMENT OF DANGEROUS BUILDINGS; PROVIDE
SERVICES FOR THE MOVING OF BUILDINGS WITH AND FOR THE CITY OF KING CITY.
WHEREAS, the City of King City Resolution NO. R-90-5 authorizes an agreement
for building inspection services, services for the abatement of dangerous
buildings, services for the moving of buildings with the City of Tigard.
WHEREAS, the City of Tigard wishes to provide the building inspe-ction services,
services for the abatement of dangerous buildings, services for the moving of
buildings 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services with the City of King City are repealed.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" shall be
adopted as Resolution No. 90- .
Section 3: The Mayor and City Recorder are authorized by the City Council to
execute Exhibit "A
PASSED: This / f day of i �`_-(.-12--Z..__- - 1990.
Mayor - City tai_Tigard
ATTEST:
Citt-y Recorder - City of Tigard `
APPROVED AS TO FORM:
City/Recorder
l_jjjji/IhgC)
Date
RESOLUTION NO. 90�
Page 1
EXHIBIT "A"
AGREEMENT FOR BUILDING COPE SERVICES
Ni
THIS AGREEMENT, is made and entered into this day of C-_�,-1990, by
and between the City of Tigard ("Tigard"), a municipal cor ration of the State
of Oregon, and the City of King City ("King City"), a mun cipal corporation of
the State of Oregon.
WHEREAS, Tigard has by its Ordinance No. 90-08 adopted as part at its building
code the following state specialty codes, and for the purpose of this agreement,
shall mean "Building Code":
(1) State of Oregon Structural Specialty Code, 1990 Edition, including Chapter
70, Section 7001-7015, regarding Excavation Grading, based or, the 1988
Edition of the Uniform Building Code, adopted by the State of Oregon
Building Codes Agency effective January 1, 1990, as authorized by ORS
455.020 and ORS 45_`..010 - 455.990;
(2) The 1988 Uniform Building Code Standards as published by the International
Conference of Building Officials;
(3) State of Oregon Mechanical Specialty Code, 1990 Edition, based on the 1988
Edition of the Uniform Mechanical Code, adopted by the State of Oregon
Building Codes Agency effective Janusry 1, 1990, as authorized by ORS
455.020 and ORS 455.010 - 455.990;
(4) State of Oregon Plumbing Specialty Code, 1990 Edition, based on the 1988
Edition of the Uniform Plumbing Code, adopted by the State of Oregon
Building Codes Agency, effective January 1, 1990, as authorized by ORS
455.020 and ORS 455.010 - 455.990; and
WHEREAS, King City has by its Buiiding Cade Ordinance likewise adopted as its
Building Code the same provisions, amendments and inclusions; and
WHEREAS, King City has by its Building Code Ordinance adopted rules for the
abatement of dangerous buildings;
WHEREAS, King City has by its Building Code Ordinance adopted rules for the
moving of buildings onto lots; and
WHEREAS. Tigard has employed trained and certified personnel to administer the
above codes and standards in accordance with their provisions; 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. 90-08
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 administration of
its 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 IT IS MUTUALLY AGREED AS FOLLOWS:
1. Tigard will furnish competent personnel required to perform the following
services in accordance with and in respect to the administration of the
Building Code Ordinance of King City:
Resolution No. R-90-5
A. Provide neces-ary 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 approved by King City 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
the King City Schedule of Fees and Penalties Resolution.
C. Check plans and specifications submitted with said application for
permits for compliance with the standards prescribed by said Building
Code.
D. Issue building permits as and when appropriate to do so in compliance
with said Building Code of King City.
E. Inspect construction as it progresses under each permit to ascertain
compliance with the Building Code and the specifications upon which
the permit was based.
F. Issue orders pursuant to the Building 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 required
compliance with the King City Building 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 thereef.
I. Upon notification that a dangerous building may exist, take
appropriate action to determine the validity of the complaint, notify
King City of any violation for abatement under the King City Building
Code Ordinance.
2. King City and Tigard further agree that:
A. In consideration of the foregoing services, fees prescribed in the
Oregon Structure Specialty Code_ Mechanical Specialty Code, and
Plumbing Specialty Code as adopted by the King City Building 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 he 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 Ordinance 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.
Resolution No. R-90-5
P.— Th—
D. King City does hereby agree that all applicants for permits required
by the Building Code shall be required to apply at King City, City
Hall, for review and approval of land use regulations of King City,
and shall forward to Tigard, the approved applications, 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 Building Code Ordinance by its
own personnel, except as hereiratter 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 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 herein under 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.
It is the intent of the parties that the contract shall continue until June 30,
1991, and shall be renewed automatically thereafter from year to year so long as
neither party gives to the other :mitten notice to terminate the said
arrangement.
This contract may be terminated 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 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 it Mayor and Recorder pursue to resolution of its Council duly passed at a
regular meeting thereof on the�/__ day of .� ^1990, and the CITY
OF KING
CITY has caused this agreement to be executs Mayor and Recorder pursuant
to action of its Council duly passed at a meeting thereof on the 2nd day of
---May 1990.
CITY 'PIGA / CITY KING CITY
M or M yor 6-1
By 1! filh o L �— By /�/ �
City RecorderCity Recorder
AP�EF APPROVED AS TO FOP.M:
y � BYCity Attorney
Re,-'.ution No. R-90-5
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