|People Against a Casino
for municipal services
City of North Bend, Oregon and The Mill Casino
One can surmise some of the true cost to a city by the agreement which was negotiated between one casino and it's intended "host".
AGREEMENT FOR MUNICIPAL SERVICES
This agreement, dated in 1994 is made by and between the CITY OF NORTH BEND, herein called City, the COQUILLE INDIAN TRIBE OF OREGON, herein called Tribe, and the COQUILLE ECONOMIC DEVELOPMENT CORPORATION, herein called CEDCO, for the purpose of providing certain municipal services on the following terms and conditions:
(1) STATUS OF THE PARTIES:
The City of North Bend is an incorporated city of the State of Oregon operating under a city charter with a general grant of powers and subject to constitutional and statutory provisions of the State of Oregon.
The Coquille Indian Tribe is a federally recognized tribe of Indians that was recognized by the Coquille Indian Tribe of Oregon Restoration Act of June 28, 1989, Public Law 101-42, 25USC Section 715, et seq., and is organized pursuant to constitution and bylaws which were adopted by the Tribe’s membership on August 27, 1991.
CEDCO is a tribally chartered corporation which is wholly owned by the Tribe and is the Tribe’s authorized agent for the performance of the terms and conditions of this agreement.
(2) PURPOSE OF AGREEMENT: The Tribe and CEDCO intend to construct, operate and maintain a facility on said property to be called “The Mill” which is expected to attract large numbers of people and generate a need for public and utility services available in the City of North Bend. The parties recognize that the Tribe and CEDCO are not subject to the levy of taxes and other charges for municipal services and that this contract is requested by the City to provide and compensate for such services.
(3) WAIVER OF SOVEREIGNTY AND OTHER IMMUNITIES: Under various laws of the United States and State of Oregon the parties may have sovereign or other immunities which would prevent or impair the enforcement of the terms of this agreement. Without making any general waiver, limitation or modification of sovereign and other immunities, the parties to this agreement waive any sovereign or other immunity from legal proceedings for the enforcement of the terms of this agreement and consent to be sued in the courts of the State of Oregon and/or the United States District Court for the District of Oregon. The parties to this agreement expressly consent to the service of process for actions entirely within the scope of this limited waiver; and this waiver is expressly limited to permit judgments or awards only to the extent necessary to provide remedies for the breach of this agreement, including the enforcement of a decision of binding arbitration.
(4) MUNICIPAL SERVICES: The City provides various tangible and intangible municipal services and also makes available to persons and properties within the City the various utility and other services provided by other agencies. The City agrees to provide to the Tribe and CEDCO, for use in connection with its trust property, the following municipal services.
(a) Sewer Services: The City will provide to The Mill property sanitary and storm sewer services under the provisions of State and Federal regulations of those services and the provisions of its sewer connection and sewer user ordinances; and the provision of such services is subject to, and conditioned on, compliance with those laws, rules and regulations.
(b) Fire Protection: The City agrees t furnish fire protection services to The Mill premises subject to the City’s rules and policies for providing protection to premises within the City of North Bend and premises for which the City provides contract fire protection. The quality and type of fire protection to be provided will depend, in part, on compliance at the site with appropriate fire protection standards for construction, layout and operation of The Mill facility.
(c) Law Enforcement: City law enforcement officials are involved with the enforcement of both State and local laws which will be impacted by the number of persons traveling to or using The Mill facilities; but CEDCO will provide its own policing of the use of its facilities at The Mill.
(d) Community and Tourist Promotion: The City provides funds and personnel to promote tourism and other use of the various facilities and attractions in the City and Bay Area from funds derived from a transient room tax. The City agrees to continue such services with funds provided under the provisions of this agreement, and such funds will be expended as provided in this agreement and in Ordinance No. 1650 as it now exists or may hereafter be amended.
(e) Other Impacts on Municipal Services: The parties agree to cooperate in identifying other specific needs for municipal facilities and services within the City attributable to the construction, operation or maintenance of The Mill; and, based on the type and nature of the impacts, the parties will attempt to mitigate such impacts, and in case of disagreement will submit the issue to arbitration.
(5) CONSIDERATION FOR SERVICES: As consideration for the general municipal services provided by the City of North Bend together with the specific services described herein, the Tribe and CEDCO will be obligated for payment to the City for such services as follows:
(a) Payment in Lieu of Taxes: For general municipal services, including fire protection and law enforcement, the Tribe and CEDCO agree to pay to the City an amount in lieu of taxes equal to the property tax assessment rate of the City for each fiscal year beginning July 1 applied to the value of non-taxable real and personal property on the premises of The Mill property. Payment shall be made in July of each fiscal year.
For purposes of this agreement, the initial value of property shall be not less than the total acquisition cost of land, improvements and personal property. Thereafter, valuation of land, improvements and personal property will be not less than the latest valuation established by the Coos County Assessor. If valuation of any property ceases to be established by the Assessor, then the valuation of that property shall not be less than the full insurable value thereof. Notwithstanding any other provisions on valuation of property, either party may require a new valuation by a qualified appraiser. If the parties cannot agree on one appraiser, each shall select an appraiser and those two appraisers shall select a third and the three or a majority of them shall make the determination of value. Costs of appraisals shall be paid by the party demanding the appraisal, except that the cost of an appraiser selected by one party only will be paid by that party.
In the event that changes in the Oregon laws substitute another tax for property taxes, the in-lieu of tax rate for purposes of this agreement shall be the latest rate per $1,000 of value assessed by the City.
As an illustration of the computation of the amount of in lieu of taxes, if the tax rate of the City were $5.6826 per $1,000 of value (as it was for 1993-94) and if the value were $16,000,000, then the in lieu payment would be $90,921.60.
(b) Sewer Charges: CEDCO and/or the Tribe agree to pay to the City all connection and user charges for sanitary and storm sewer services for The Mill that are charged to properties outside the City under present, amended and future ordinances.
(c) Local Improvement Districts: In the event that The Mill will be directly within the area benefiting from a street, sewer, drainage or other public improvement, then it will be treated the same as other property within the City, and will have the right to file a remonstrance to the improvement and will be subject to payment of assessments for benefits to the property.
(d) Room Charges: CEDCO and the Tribe agree that the City will be paid at the same rate for occupied rooms at any motel or hotel operated at The Mill as are charged to other motels and hotels within the City under present and future ordinance provisions. Such charges will be paid monthly during the next succeeding month after they are incurred in the following manner:
(i) The first $150,000 will be paid to the City to be expended as provided in Section 27 of North Bend Ordinance No. 1650. Each year such amount will be increased or decreased by the percentage of increase or decrease in the U.S. City Average Consumer Price Index for All Urban Consumers during the preceding calendar year.
(ii) Amounts in excess of $150,000 shall be paid into a fund established jointly by the City and CEDCO to promote the Mill, the Bay Area and the City of North Bend. These funds will be used and controlled by mutual agreement between CEDCO and the City of North Bend.
(e) Accrual and Payment of Consideration: Payments in lieu of taxes will accrue beginning with the date that The Mill property is acquired by the Tribe; provided, that payment for the fiscal year during which the transfer is made will be in the amount of $15,000 payable within one month of the transfer, and $85,000 will be payable within one month from the opening or use of any part of The Mill property for gaming. Sewer charges will accrue and be paid as provided in the Ordinances of the City.
(6) DISPUTE RESOLUTION: In the event that an issue set forth in this agreement is not resolved by the parties pursuant to the procedures set forth herein, such an issue shall be resolved by arbitration and/or judicial proceedings in accordance with the State of Oregon Dispute Resolution process.
(a) Notice: The party asserting any breach or failure to perform this agreement shall give the other party written notice specifying the alleged breach or failure, and the other party or parties will have thirty days in which to remedy the breach or provide a written statement asserting reasons why no breach has occurred. If the matter has not been resolved through such process, then either party may institute proceedings for dispute resolution.
(b) Addresses for Notifications: Unless changed by written notice to the other parties, the addresses for mailing notices will be as follows:
Coquille Tribe of Oregon
P.O. Box 1435
Coos Bay, Oregon 97420
Coquille Economic Development Corp.
North Bend, Oregon 97459
City of North Bend
P.O. Box “B”
North Bend, Oregon 97459
(c) Court Costs and Attorney’s Fees: In the event of legal proceedings to enforce any provision in this contract, the prevailing party shall be entitled to an award of court costs and reasonable attorney’s fees in such legal proceedings and any appeal thereof.
(7) ENTIRE AGREEMENT: This agreement constitutes the entire agreement between the parties and is intended to be consistent with applicable law, and the parties agree that there exists no other understandings or agreements, either expressed or implied, concerning the subject matter of this agreement.
(8) FEE TO TRUST APPEAL AND VACATION: Immediately following the execution of this agreement, the City of North Bend agrees to drop its appeal of the Warehouse Properties transfer from fee status to trust status by the United States through the Department of Interior, and agrees to use its best efforts to complete the vacation of Wharf within said property. The City of North Bend will at the same time as the execution of this agreement formally notify the Interior Board of Indian Appeals that it is withdrawing its appeal of the Area Director’s decision to accept The Mill site into trust for the benefit of the Tribe. The City also agrees not to oppose the allowance of gaming or a lease on the premises.
(9) AMENDMENTS: This agreement may be amended in writing by the parties by (1) identifying it as an amendment; (2) attaching it to this agreement; and (3) executing such amendments.
(10) APPROVAL BY DEPARTMENT OF INTERIOR: This agreement will not be effective unless and until it has been approved by the Department of Interior through the written endorsement on this agreement by its authorized representative.
Executed for the City this (25th) day of October, 1994; executed for the Tribe this (25th) day of October, 1994; and executed for CEDCO this (25th) day of October, 1994.
(signed * Slater )
MAYOR OF CITY OF NORTH BEND
(signed * Anderson)
President of CEDCO
(*signed * Metcalf)
Chairman of the Coquille Indian Tribe
The foregoing Agreement for Municipal Services in hereby approved by authority delegated to the Superintendent, Portland Area Office, Bureau of Indian Affairs, United States Department of Interior, this 27th day of October, 1994
UNITED STATES DEPARTMENT OF INTERIOR
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