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Resolution No. 94-34 ' CITY OE TSGARD. OREGON RESOLUTION NO. 94-� A RESOLUTION AUTHORIZING AN AMENDMENT TO AN EXISTING AGREEMENT WITH THE UNIFIED SEWERAGE AGENCY TO PROVIDE FOR EROSION CONTROL INSPECTION WHEREAS, the City has entered into an intergovernmental agreement with the Unified Sewerage Agency as authorized by Resolution No. 90-43 and amended by Resolution No. 93-14-a; and, WHEREAS, the City and the Unified Sewerage Agency desire to amend the agreement to provide for erosion con Erol inspection. NOW, THEREFORE, BE IT RESOLVED by theTigardCity Council that: Section 1: The City Council hereby authorizes the City Administrator to sign, on behalf of the City, an amendment to the existing agreement with the Unified Sewerage Agency as shown in attached Exhibit "A". PASSED: This ai. day of n , 1994. i May r - City-o£ Tigard IV ATTEST: x by City Recorder - City of Ti and WM rw/eros-res RESOLUTION NO. 94-�" _ Page 1 ) EXHIBIT •A" AMENDMENT #1 TO INTERGOVERNMENTAL AGREEMENT This Amendment (Amendment) is between Unified Sewerage Agency (Agency) and City of Tigard (City), and it amends the Agency/City Agreement (Primary Agreement) dated June 25, 1990. This Amendment modifies Section_ 3.A of the Primary Agreement. Except as otherwise provided in this Agreement, all other sections of the Primary Agreement remain in force. The Agreement will take effect July 1, 1994 and will automatically renew annually for a period of ten years, except it may be canceled upon written notice by either party prior to February 1 of ary year with the cancellation being effective the following July 1. If this Amendment #1 is canceled, the Primary Agreement shall continue. Agency agrees to: 1. Assume primary responsibility For managing the erosion control program as defined in Agency Resolution and Order 91-47 Construction Standards, as may be amended, and NPDES stormwater permits relating to construction. activities. This shall include the timely inspection of properties to determine compliance with erosion control rules and regulations, enforcement to correct violations, and review of erosion control plan revisions. 2. After issuance of an erosion control permit by the City, if revisions are necessary- that require additional fees to be paid, the Agency may collect additional erosion control fees directly from the permit holder, and shall retain 100 percent of these gees collected. 3. When deal-Ing directly with a person in regard to erosion coa' rol within the City, in order to increase efficiency, tht. n ancy may collect erosion control fees, perform the review of erosion control plans submitted as a part of a development or building proposal, and issue erosion control permits. The Agency shall recaia IGG Ycrce t of these fees collected. 4. Agency will provide a written summary of work accomplished annually within the City through this Agreement_ The report will be delivered to the City no later than January 15 each year showing the performance for the preceding calendar year. City agrees to: 1. Collect erosion control fees in accordance with the Agency's schedule of Rates and Charges, perform the review of erosion control plans submitted as a part of a development or i builci.;g proposal, issue erosion control permits, and promptly forward app:-oved plans and permits to the Agency. 2. Withhold approval of all "foundation" building inspections until receiving Agency approval in writing of erosion control techniques being in place. 3. Cooperate with the Agency in its enforcement efforts. This Agreement does not limit the ability of the City to pursue enforcement actions independent of the Agency. In addition, the City may continue enforcement actions already under way as of the date of this agreement. 4. Promptly inform the Agency of any erosion control violations the City becomes aware of. 5. Provide a list of active Erosion_ Control permits that have been issued as of the date of this Agreement. 6. City will pay to the Agency 100 percent of Erosion Control Inspection Fees, and 50 percent of Erosion Control Plan Check Fees, collected after adoption of this Agreement. Payments shall be due as specified in Section 4 of the Primary Agreement. Provisions for late payment and dispute resolution are as specified in the Primary Agreement. Payment under this Amendment is in addition to the division of revenue set forth in the Agency Schedule of Rates and Charges each fiscal year adopted by its Board. DATED this day of �, 1994. UNIFIED SEWERAGE AGENCY OF CITY OF TIGARD WASHINGTON COUNTY By: � �t j y: -- eneral t nater Caty Manager AnPRO 'FD Ag TO FORM: Attest.: By: % l� Z � By: USA Coun el City Recorder APPROVED AS TO FORM: By: 4At-A t 6/94:eb City of Tigard Agreement -- Amendment #1 Page 2