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AGENDA ITEM NO:  4
Meeting Date: 8-29-05
Department: Mayor/Council

 A draft memorandum for discussion by members of the Tribal Council of the Coos, Lower Umpqua and Siuslaw Indians and the Mayor and Council of the City of Florence.


Whereas The "Hatch Tract" is a parcel of land held in trust by the United States on behalf of the confederated Tribes of the coos, Lower Umpqua and Siuslaw Indians (Tribes) and;

Whereas the Tribes have created  certain developments on the Hatch Tract and now seek to expand those developments to include, at the onset, a gaming facility approximating 60,000 square feet in size and a lodging facility approximating 100 guest rooms and;

Whereas the Hatch Tract is contiguous to the City of Florence and;

Whereas the Tribes and the City of Florence (City) believe that connecting those developments to the City Wastewater Treatment System (System) would best protect the environment while being beneficial to the Tribes' development and the responsible use of the City's System and;

Whereas the Tribes desire to enter into and maintain a relationship with the City, being cognizant of typical extension and hookup responsibilities and recognizing service impacts created by similar developments, therefore the Tribes and the City agree to enter into these agreements, subject to a final and complete contract for services being drafted and further subsequent to a public election held by the City and a resolution by the Tribal Council approving the terms herein;

EXTENSION OF WASTEWATER TREATMENT SERVICES

Wastewater treatment services will be offered by the City to the Hatch Tract and contiguous properties under the same extension and pricing terms as though the development were within the City limits.  The Tribes will construct an extension to the City's wastewater collection system subject to engineering approval by the City.  The extension shall become the property of the City from the point of connection to the property line of the Hatch Tract.  The Tribes will pay normal Systems Development Charges (SDCs) and other normal costs of such development.  The City warrants that its Municipal Wastewater Treatment Utility has sufficient capacity to serve the proposed developments described herein.  The City will create a "Reimbursement District" so that potential late coming beneficiaries of the wastewater collector extension shall be required to reimburse the Tribes for benefit received.  Such reimbursement shall be made in accordance with the City's Reimbursement District Ordinance.

It is mutually understood that the City must apply for appropriate exception to State Land Use Law and must amend its Comprehensive Plan in order to extend wastewater treatment service outside its corporate boundaries.  City agrees to move the process as rapidly as possible and to keep the Tribes informed and involved during this process so that if any extended delay is expected, the Tribes are in position to make alternate arrangements for wastewater treatment services.  The City further agrees to pursue joint public hearings with the Lane County Planning Commission and the lane County Board of Commissioners.  The joint Planning Commission(s) review will occur not later than January 6, 2006 and the joint Board of County Commissioners / City Council review will occur not later than July 13, 2006.  The Tribes, at their sole discretion and at any time after September 1, 2006, may decide to cancel this agreement and pursue such alternate arrangements.

It is understood that the Tribes are not subject to Oregon Land Use Law and have authority to take whatever action they deem to be responsible and in their best interests.

TOURISM CO-MARKETING

The Tribes and the City agree to establish a cooperative marketing fund to promote the greater Florence area.  The fund shall be administered by a committee consisting of one person from the City, one person from the Tribes and a third person appointed by the two members appointed as described herein.  The tribes agree ot pay $54,000 per year into the fund once a hotel is developed on the Hatch Tract.  Payments into the co-marketing fund shall be made semi-annually with the first payment to be made not less than six months after the date any hotel is opened.

PAYMENT FOR GOVERNMENT SERVICES

The Tribes seek access to certain government services, such as public safety communications and temporary lodging of detainees held within the scope of Federal, State and Tribal laws.  The Tribes agree to pay $100,000.00 the City during the first calendar year that wastewater treatment service is made available and is connected on the Hatch Tract.  The amount paid in subsequent years shall be adjusted by the US All Cities Consumer Price Index (CPI).  The annual adjustment shall never be greater than four (4%) per cent per year or less than 2 (2%) per cent per year.  The Payments for such services shall be made on December 31 of each year.  The first such payment shall be made on December 31 of the year wastewater service is first made available, is connected and is in general use.

FISCAL SURETY

The parties agree to provide surety, in the form of bond or other measure mutually agreeable, for the payment of any amounts determined to be appropriately owed under the terms of this agreement and any subsequent contract prepared to enforce it.

DISPUTE RESOLUTION

Dispute resolution and remedy shall be as contained in Attachment "A" hereto.

TERM OF AGREEMENT

This Memorandum of Understanding and all subsequent agreements entered into to carry out its intents may be cancelled (sic) by either party upon two years written notice to the other party.