Resolution No. 93-13 io+rs+ s
CITY OF TIGARD, OREGON A
RESOLUTION NO. 93--L-�?— f
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A RESOLUTION ADOPTING AN AGREEMENT 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.
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WHEREAS, the City of King city Rasoiution No. --
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 inspection
services, services for the abatement of dangerous buildings, services
r theWoei*+c,+ of buildings for the City of King City.
WHEREAS, the City of Tigard has competent persoss_al 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services with the City of King Citv are repealed.
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Section 2: The attached Building Code Services Acgraement Exhibit "A"
shall be adopted as Resolution No. 93- �-
Section 3: The Mayor and City Recorder are authorized by the City
Council to ` cute Exhibit "A".
PASSED: This d ) f , 1993.
yor - y o Tigard
ATTEST:
City Recor e — CItyo:W Tigard
APPROVED
^A^STO_ F�-O^RM, :
:21
City Recorder
j
Date
CRESOLUTION NO. 93- I�
Page 1
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EXHIBIT "A"
AGREEMENT FOR BUILDING CODE SERVICES
THIS AGREEMENT, is made and entered into this 3rd day of
February , 1993, 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, King City has by its Building Code Ordinance Title 15, section
15.04.010, adopted the State Building Code; and
WHEREAS, King City has by its Building Code Ordinance Title 15, section
15.04.030 adopted rules for the Abatement of Dangerous Buildings; and
WHEREAS, King City has by its Building Code Ordinance Title 15, section
15.04.040 adopted rules for the roving of n»i_ldings onto lots; and
WHEREAS, King City wishes to contract with Tigard for providing services
for Building Codes, Abatement of Dangerous Buildings, and 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 the State Building Code in Tigard are
_ comparable to the fees and charges for similar services to be rendered
by King City; and
WHEREAS, Tigard is willing to undertake the obligation 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:
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 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 applica*it 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.
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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 coda 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 thereof.
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 State Building 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 be performed pursuant to the terms
of this contract.
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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 therefore, 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 permits
required by 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 add purpose as if King City
was administering the provisions of its Building Code
Ordinance by its own personnel, except as hereinafter set
forth.
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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 t
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
ccverage, 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, 1993 and shall be renewed automatically thereafter from year to
year so long as neither party gives to the other written notice to
terminate the said arrangement.
This contract may be terminated at any time by such notice on the part '
of Kine_ City provided that miga=d shall gi:'e ?Ging ^_-=t•S n^t '=an _"1
thirty f30) days' notice of its intent to cancel or withdraw from the
arrangement herein described.
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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 the resolutign of its
Co cil duly passed at a regular meeting thereof on the Z 3> •day of
1993, and the CITY OF KING CITY has caused this agreement to
be e�xeciteed by its Mayor and Recorder pursuant to actlop of its Council
duly passed at a_ meeting thereof on the 3A day of, Ayww ' 1993.
CIT OF T CITY OF KING CITY
Bl, .�{� By
Mayor ayor
BY iAl p y
B - n
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City Rec er City Recorder
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APPROVED AS TO FORM: APPROVED AS TO FORM:
By I -�U I - By/i -�--
ity AtCorney City Attorney
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