Washington County - Rogers Machinery T 'Cr
INTERGOVERNMENTAL AGREEMENT-
This Agreement is entered into by and among the signatories.
WHEREAS:
The voters of Washington County overwhelmingly adopted the Traffic Impact
Fee to tax new development'throughout the County to pay for a portion of the
extra-capacity road improvements necessary to accommodate new
development;
• The jurisdictions signing this Agreement benefit from-the revenues generated
by this tax and benefit from working cooperatively to administer the tax and
coordinate use of TIF revenues;
• If successful, the case of Rogers Machinery v. Washington County and the
City of Tigard, CA A104615, could preclude or significantly complicate the.
ability of the parties to impose this tax and address the need for road
improvements;
• The County and City of Tigard have successfully defended the TIF program at
the trial court level and it is fair and equitable for all jurisdictions to contribute
to defense costs on appeal;
Now, therefor, it is
AGREED:
1. Washington County and the City of Tigard shall continue to be
responsible for defense of this matter and retain authority to take such actions and make
such decisions as they each determine to be reasonable and prudent;
2. Each signatory shall.contribute to defense costs on appeal based on their
respective percentage of the total population of the County as illustrated in Exhibit `A,'
This shall include costs previously incurred as a result of the appeal to.the Oregon Court
of Appeals,but shall not include defense costs at trial or any court-ordered judgment or
award;
INTERGOVERNMENTAL AGRhzMENT
ROGER'S MACHINERY
Page 2
3. For purposes of this Agreement, defense costs shall include all attorney
fees,both in-house and outside counsel at the following hourly rates:
Washington County Counsel -
Attorney $ 53.00
Legal Assistant $ 52.00
City of Tigard-
Partner $145.00
Associate/of Counsel $135.00
Support $ 45.00
Defense costs also shall include any extraordinary non-legal staff time devoted to defense
and the applicable jurisdictions' actual labor cost, including benefits and overhead and
shall include all incidental expenses such as copying,travel and postage. County and
Tigard may continue to consult with the firm of Kane,Ballmer and Berkman(special
expert counsel) as needed at the.xate of$145.00/hour. These rates may be adjusted
annually to pass through any rate increases incurred without amendment of this
Agreement.
.4. Tigard and County shall make efforts to keep fees and costs reasonable,
necessary and appropriate. Each month,Tigard shall forward a statement to the County
for payment. County shall advance sufficient funds to pay all amounts due. County shall
promptly forward'to each party a statement representing the party's proportionate share
of all costs. In the event that revenues from jurisdictions are not sufficient to cover costs
through withdrawal or non-payment by a jurisdiction,the proportionate share shall be.
equitably adjusted based on population.
5. Each party shall;within 10 days of receipt of the statement,,remit to
County the amount due.
6. Each party shall have 30 days from the date of receipt.of the statement to
challenge the amount paid to County. A refund or credit against future billings shall be
provided if an overcharge is found.
7. Any party may request a briefing or update on the status of the.ease. .
Tigard and County shall consult with the signatories regarding any settlement proposal or
other resolution that may impact the operation of the TIF program. Neither Tigard nor
County shall be obligated to divulge any.information that might constitute'a waiver of
the attorney-client or work product privileges if to do so, in their opinion,would
prejudice the defense of this matter. The parties to this Agreement acknowledge, , that
they are not parties to the litigation and are in no way represented by counsel for County
or Tigard.
INTERGOVERNMENTAL AGk..._MENT
ROGER'S MACHINERY
Page,3
8. This Agreement shall extend until a final decision by the Oregon Supreme
Court or the case is otherwise resolved, whichever first occurs. However, any party,may
:withdraw from this:Agreement by providing 90 days written notice to Tigard and
County.. The party shall be responsible for its proportionate share of costs-incurred prior
to:the effective date of withdrawal.
9. This Agreement-may be amended by the written consent of all the parties.
The:parties„shall consideran,extension'of this Agreement if the matter is.appealed to the
United States Supreme Court
10. This Agreement may,be executed separately by each jurisdiction:and an
executed copy shall serve as an original. Washington County shall maintain a central file
containing a signed copy for each jurisdiction. This Agreement is binding on each
signatory without regard to whether other jurisdictions-sign., Each signatory represents
and warrants that he or she is authorized to bind his or her respective jurisdiction
Dave MaMo(i� illiam A. Monahan
Washington County QeR6ty Court r�'-+,'m, City Manager, Tigard
Date: Date• �P///_9 l
r—
For City of Tigard
Dater
Lut/TIF Roger's Machinery reimbursement IGA FINAU8-6-99/de
EXHIBIT "A"
WASHINGTON COUNTY
Inter-Office Memorandum
February 26, 1999
To: Loretta Skurdahl, Senior Assistant County Counsel
r �
From: Scott King, Senior Planner
Re: ROGERS MACHINERY TIF APPEAL COST SHARE
Per your request,I have developed a distribution formula for the Rogers Machinery TIF
Appeal based on the recently released official 1998 population estimates from PSU.
The costs in the table are for a defense through the Oregon Court of Appeals, and for a
defense through the Oregon Supreme Court.
ROGERS TIF,.DEFENSE=DISTRIBUTI0 K.IFORMULAS
Ore on Court of Appeals + Ore on Supreme Court
PSU Share of PSU Share of
Jurisdiction 1998 Po % of total Le al Cost 1998 Pop. %of total I Legal Cost
Banks'. 845 0.21% $„64 •- 845 ' :0:219/° $148
Beaverton 68050 17.07% $5,122 68050 17.07% $11,950
Cornelius81702;05%6 $615 8170 2.05% $16,435
Durham 1555 0.39% $117 1555 0.39% $273
Forest Grove 16170 4.06% $1,21:7 16170 4.06% $2,840
Gaston 615 0.15%° $46 615 0.15% $108
Hillsboro 65116 16:336% $419.00 65110 ! 16.33% $11,434
King City 2125 0.53% $160 2125 0.53% $373
NorthPlains 1760 0.44% $132 1760 0.44% $309
Sherwood 9600 2.41% $723 9600 2.41% $1,686
Tigard ''' 37200 9:33 $2,800 37200 9:33°1° $6;533
Tualatin 21405 5.37% $1,611 21405 5.37%° $3,759
Wash. Co. 166000 41.65% $12,494 166000 41.65% $29,152
Totalsi 3986051 100.00%1 $30,0001 3986051 100.00%1 $70,000
Note: The official population total for the entire County is 397,600. The table above does not include city
populations in Washington County for Portland, Rivergrove,Wilsonville, and Lake Oswego. The table also
includes population in the city of Tualatin in Clackamas County.
c: John Rosenberger ”
- v
MEMORANDUM
CITY OF TIGARD
TO: Dee Wise
FROM: Bill Monahan
DATE: November 1, 1999
SUBJECT: Rogers Machinery Intergovernmental Agreement
Attached is a fully executed original of. an Intergovernmental Agreement
where Washington County and the cities of Washington County have agreed
to work cooperatively to cover the legal expenses in the Rogers Machinery
vs. Washington County and City of Tigard matter. Would you please retain
this original agreement in the municipal records. Thank you for your
assistance.
WAM\jh
attachment
\\TIG333\US R\D EPTS\AD M\B ILL\110199-2.DOC
OFF.WE OF COUNTY COUNSEL
WASHINGTON COUNTY, OREGON JANET G.ANDERSON
DAN R.OLSEN Legal Administrative Specialist
County Counsel
ANH NGUYEN
PUBLIC SERVICES BUILDINGBARBARA L.BLAKE
155 N FIRST AVE,STE:340,MS#24 SHELLEY L.FULLER
LORETTA S.SKURDAHL . HIL'LSBORO,OREGON 97124 Legal Assistants
ALAN A.RAPPLEYEA Phone:(503)1648-8747
WILLIAM G.BLAIR Fax:(503)'648-8636
SHERYL&HAYASHIDA DONNAE.EASON"
GEORGE D.McDOWELL SHARON k,BIDSTRUP
ELMER M.DICKENS ARLENE THOMSON
Assistant County Counsels Sr.Administrative'Specialists
October 28, 1999 RECEIVED C.O.I.
OCT 2 J 1999
William A. Monahan
City Manager
CITY OF TIGARD
13125 SW Hall Blvd..
Tigard, OR 97223
Re: Intergovernmental Agreement; Contract No. CA.99-1007
Ro� urs Machinery v. Washington County& City of Tigard; CA A1104615
Dear Mr. Monahan:
Enclosed for your records is a fully executed original of the Intergovernmental
Agreement in this matter.
Thank you for your attention to this matter.
Very truly yours,
Anh Nguyen
Legal Assistant
Enclosure
cc w/orig K: Office file (Rogers Machinery CA—Attorney Fees &IGAs)
cc w/copy K: JAContracts
PC w/copy K: CCContracts
cc w/copy K: Bruce Thomson, MS #16
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