Resolution No. 00-12 TIGARD,OREGON
RESOLUTION NO.f_Z
A RESOLUTION OF THE CITY OF TIGARD,OREGON,CONSENTING TO FORMATION OF A
NEW COUNTY"SERVICE D;'_RICT.
WHEREAS, the City of Tigard has agreed and consented to the formation_ of a new County Service
District;and
WHEREAS,the District,known as the Atfalati Recreation Partnership,will be formed if voters within
the proposed District approve a ballot measure in the November 2000 election.
NOW,THEREFORE,THE CITY OF TIGARD RESOLVES THAT:
SECTION 1: The City of Tigard hereby consents to formation of a new County Service District. This
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the City pursuant to ORS Chapter 451,County Service Facilities.
SECTION 2: If the District is approved,the City will appoint a representative to serve on a governing
board of directors for the District pursuant to an intergovernmental agreement to be
entered into under the authority of ORS 190.003 to 190.125.
SECTION 3: The City anticipates that Washington County,the Tigard-Tualatin School District, and
the cities of Tualatin, Durham and Tigard will enter into a Memorandum of
Understanding providing general guidelines for governance of the District and other
provisions relating to funding of the District and use of and payment for facilities. A
draft agreement in the form of Exhibit I has been prepared. The City Manager is hereby
authorized to enter into a Memorandum of Understanding in the form of Exhibit 1 or in
some other form. The Memorandum of Understanding provides that the City of Tigard
shall appoint at least one Board member for the District, states the anticipated tax rates
(both operational and capital if applicable)and is acceptable to the City Manager.
PASSED: By y'ZIAI P �1� jW,0 vote of all Council members present after being
read by number and title only, this 2,day of MQ rc11 2000.
Catherine Whea'tley, Gity Reeorderi
Greer A. Gaston, Deputy City Recorder
APPROVED: By Tigard City Council this y of /7)'j f-ch 2000.
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Nicoli, Mayor
pproved as to form:
City Attorn
March 27020Ja
DRAFT MARCH 23, 2000 Exhibit 1
MEMORANDUM OF UNDERSTANDING
ATFALA'I'I PARTNERSHIP RECREATION DISTRICT
Revised By ARP Steering Com...-Ittee and Cogan Owens Cogan March 23,2000
This Memorandum of Understanding(MOU)is made and entered into by and among the cities
of xxxx,the xxxx school districts and Washington County,a political subdivision of the State
of Oregon("participating jurisdictions"). This MIOU will become effective as of the date of the
last signature.
Purpose. The purpose of this MOU is to specify the general terms and conditions for
participation in an ORS Chapter 190 intergovernmental entity("entity)to cooperatively manage
and provide recreation services and facilities on behalf of the proposed Atfalati Partnership
Recreation District,an ORS Chapter 451 county service district("district'). If the district is
approved by the voters,each participating jurisdiction will by ordinance adopt a formal
intergovernmental agreement(IGA),establishing the intergovernmental entity as provided by
la,.v and fLr her detailing the powers;authority and operation of the entity. A map indicating
participating jurisdictions will be attached to the signed MOU.
Governance. The entity will be governed by a board with one member appointed by each
participating jurisdiction. The process for appointing board members will be determined by each
participating jurisdiction,but the IGA may specify terms of office and other matters necessary
for proper operation. If there are an even number of participating jurisdictions in the entity,the
entity board will appoint one additional at-large member. The authority and responsibility of the
board shall include,but not be limited to:
• Hiring key staff,including a program director. It is anticipated that the board will delegate
the hiring of personnel to the director.
• Adopting an annual budget.
• Adopting rules of procedure and decision-making.
• Overseeing operation of the entity by the program director and staff.
• Adopting fees.
• Adopting rules for facilities and services.
Funding. The district will be funded by a permanent rate levy for operations,maintenance and
administration and bond levies for capital facilities,subject to voter approval. It is anticipated
that the permanent tax rate will not exceed $0.48/$1,000. The district will levy all such taxes
and transfer the funds to the entity for budgeting,administration and expenditure as provided by
agreement.
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Continued Operation and Maintenance of Existing Facilities. Participating jurisdictions shall
continue to fund maintenance and operation of recreation and related facilities within the
boundaries of the proposed district at a level similar to that provided for in the 1999-2900 fiscal
year.
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Entity Assets. Assets;to be transferred from participating jurisdictions to the entity,and the
j terms and conditions of such transfer,shall be specified in the IGA.The entity may buy,lease,
construct and dispose of assets as provided in the ICA and approved by the Boa..d.
Use of Facilities and Reimbursement for Services. The entity may iease,manage and operate
facilities retained by the participating jurisdictions on such terms and conditions as are agreed to
by the entity. Similarly,the entity may permit use of entity facilities by participating
jurisdictions and others on such terms and conditions as agreed to by the entity. The Tigard-
Tualatin School District is expected to make a portion of the Avery School property available for
a district facility.
Joint Use of Equipment. The entity and participating jurisdictions shall enter into one or more
agreements authorizing the lease,joint-use,joint-maintenance,joint-purchase and other aspects
of equipment management as appropriate and cost-effective.
a;?„i•- and Program Development and Operation. The entity will undertake an inclusive
tom, Program Development.__
public process to design facilities and programs that meet the needs of district residents. District
programs will be operated and maintained at a level commensurate with the size and scope of
district facilities.
Duration,Renewal and Withdrawal. The IGA forming the entity shall specify a minimum
duration,procedures for renewal and for withdrawal by a participating jurisdiction. Itis
understood by the parties that annexation,withdrawal,merger and dissolution of the district are
governed by state law. Non-participation in the entity will generally have no direct impact on
the authority and responsibiiity of the district to levy taxes and provide services within the
district.
District Board. It is the intent of the Washington County Board of Commissioners,acting as the
district board of directors,to enter into the IGA or otherwise contract with the entity whereby the
District serves as a finding source only and the entity provides recreation services and district
operations to the fullest extent permitted by law,including policy setting and budget adoption. It
is understood by.the participants,however,`.hat the Boaid of Commissioners canret legally bind
itself to any particular course of action given that the district has not been formed.
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DRAFT MARCH 23, 2000
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PARTIES TO AGREEMENT
CITY OF TIGARD
® By: Date:
CITY OF TUALATIN
By Date:
CITY OF DURHAM
By: Date:
TIGARD-TUALATIN SCHOOL DISTRICT
By: Date:
WASHINGTON COUNTY
By: Date:
EACurrent Prnjects\9934-Atfalati P&R DisI\?,IOUs and IGmatfalati mou dmft.do
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