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Washington County - Transient Room Tax INTERGOVERNMENTAL AGREEMENT Transient Room Tax This Agreement is entered into by and.between Washington County, a political subdivision of the State of Oregon(County)and the City of ,a municipal corporation (City). WHEREAS: — - -- 1: Washington County Code Chapter 3.08, the "Transient Room Tax" is a county- wide tax on hotel-motel occupancy.; 2. Chapter 3.08.170 provides that tax receipts allocable to hotels and motels in a city may be shared with the city,provided.the city adopts a resolution declaring that, in lieu of adoption of its own tax,it agrees to certain terms of Chapter 3.08; and 3. City, by Resolution No. ,has so declared and the parties desire to enter into an Agreement to implement the terms of Chapter 3.08;now,therefore, it is AGREED: 1. City, in lieu of adopting its own transient room tax,and in consideration of an allocation of tax receipts arising from hotels and motels in City,hereby consents to the following: a. The administration and enforcement of the transient room tax shall remain with Washington County, acting by and through its Director of Support Services; b. The total amount of transient room tax imposed in City shall not exceed nine percent(9%)of the rent as provided in Section 3.08.080 of the County Code; and C. The amount distributed to City shall be calculated as provided for in Section 3.08.170 C. of the County Code. 2. County shall calculate the-amount, if any due to City in accordance with Section 3.08.170 C and shall distribute any amount due.to City within 30 days of receipt of the taxes. 3. County and City,by and through their respective finance officers shall cooperate in ensuring that the tax is effectively and efficiently enforced within City. Each party shall give the other immediate written notice of any action or suit filed or any claim made against that party that may result in litigation in any way related to this Agreement. INTERGOVERNMENTAL AGREEMENT Transient Room Tax Page two 4. This Agreement maybe terminated by either party upon 30 days written notice. .Any amounts due City for receipts,prior°to the effective date of termination shall be paid within 30 days of termination. 5. Each,party shall comply with all applicable federal,state and local laws;and rules and regulations on non-discrimination in employmentbecause of race;color,ancestry,, national __--origin,_religion,-sex,sexual orientation,marital status,age,medical condition or disability. 6. This writing isintended both as the final expression of the Agreement between the - parties with respect to the included terms and as.a complete and exclusive statement of the terms of the Agreement. WHEREAS, all the aforementioned is hereby agreed upon by the parties and executed by the duly authorized signatures below. CITY OF l.i qar c1 Signature Dat — Printed Name Title Address: V d ^Tan C,� g7aa3 WASHINGTON COUNTY Signature Date Printed Name Title Address: 155 N First Avenue; MS 25;334 Public Services Building Hillsboro OR 97,124 CITY OF TIGARD, OREGON TIGARD CITY COUNCIL RESOLUTION NO. 06-,(p A RESOLUTION OF THE CITY OF TIGARD DECLARING AGREEMENT WITH WASHINGTON COUNTY CODE SECTION 3.08.170.B, IN ORDER THAT AN INTERGOVERNMENTAL AGREEMENT MAY BE ENTERED INTO BETWEEN THE CITY OF TIGARD AND WASHINGTON COUNTY FOR THE PURPOSE OF SHARING TRANSIENT ROOM TAX REVENUES WHEREAS, the Washington County Transient Room Tax has existed since 1985 and is authorized by County Code section 3.08; and WHEREAS, In May 2006 the voters of Washington County approved a two-percentage point increase in the tax, bringing the rate to 9%; and WHEREAS, this increase is dedicated to promoting tourism within Washington County; and WHEREAS, this change effects the distribution formula in effect prior to the rate increase and thus requires that the related Intergovernmental Agreement in effect between the City of Tigard and Washington County be updated. NOW,THEREFORE,BE IT RESOLVED by the Tigard City Council that: SECTION 1: In lieu of adopting a City of Tigard transient room tax, and for the purpose of entering into an agreement with Washington County to receive distributions of receipts from the County Transient Room Tax in a manner provided by Washington County Code section 3.08, the City Council of the City of Tigard hereby agrees as follows: a. That the administration and enforcement of such tax shall remain with the Director of the Support Services Department for the county; b. That the total transient room tax imposed within the city shall not exceed nine percent of the rent as provided in section 3.08.080 of the Washington County Code. SECTION 2: The City Manager is authorized to execute an Intergovernmental Agreement between the City and County, substantially in the form attached to this resolution, for the above stated purpose. SECTION 3: This resolution is effective immediately upon passage. RESOLUTION NO. 06- Page 1 PASSED: This day o 2006. i Mayor ity of Tigard ATTEST: City Recorder- City of Tigard i Certified to be a tare copy of the Original on frle at City of Ti ga ity Hall. a By lU) City FZecorder,City of Tigard Date RESOLUTION NO. 06- �p Page 2 10/18/2006 CITY OF TIGARD Page 1 of 1 3:07:02PM ImageFlow Lite Report- Legislative History (Detailed) UsarID: CAROL Doc. ReT. o e DOC. Data item Ret. Action o e 115riet Description Ret7 o e Cont. Date Exp. Date Name Referred to File Reference# Security Class Abstract Keywords JERREE LEWIS INTERGOVERNMENTAL AGREEMENT BETWEEN CITY OF WASHINGTON COUNTY TIGARD AND WASHINGTON COUNTY FOR THE PURPOSE OF IGA SHARING TRANSIENT ROOM TAX REVENUES. RESOLUTION INTERGOVERNMENTAL AGREEMENT NO. 06-56 DECLARED AGREEMENT WITH WASHINGTON TRANSIENT ROOM TAX COUNTY CODE SECTION 3.08.170.13, IN ORDER THAT AN HOTEL INTERGOVERNMENTAL AGREEMENT MAY BE ENTERED INTO MOTEL BETWEEN THE CITY OF TIGARD AND WASHINGTON COUNTY RESOLUTION NO. 06-56 FOR THE PURPOSE OF SHARING TRANSIENT ROOM TAX REVENUES 06-56 ————————————————————————————————————————————————— Total Items Printed: 1 AGREEMENT THIS AGREEMENT made and entered into as of $€V_ J, 1975, by and between the.City of Tigard, a municipal corporation of the State of Oregon, hereinafter referred to as "City". and Washington County, apolitical subdivision of the State of Oregon, hereinafter referred to as "County". WITNESSETH:. RECITALS: It appearing to the parties that, pursuant to Section 16H of the Transient Room Tax Ordinance of Washington County, there is provided. a means for tax effort sharing whereby a city might share. in the receipts of this tax which are collected within its corporate limits; and It appearing to the parties that the City of Tigard by Resolution No. 75-A$ has stated that in lieu of utilizing its own transient room tax ordinance, it agrees: 1. That the sole transient room tax existing within the corporate limits of City shall be the Transient Room Tax of Washington County as administered by the Director of Finance and Administration of Washington County; and 2. The total transient room tax imposed within the corporate limits of _ City shall not exceed 5% of the rent as .provided in Section 3 of the aforesaid Ordinance. and It appearing to the parties, that it is now appropriate that an agreement. be entered into pursuant to Section 16H of the Transient Room, Tax Ordinance of Washington County; and It appearing to the- parties --that such an agreement is provided by .the terms of ORS 190.003 through 190.030; NOW, THEREFORE, it- is agreed as follows: City .agrees to abide by the provisions of Section '1614 of .,the Transient Room Tax-Ordinance of 'Washington County for the Life -of this-'agreement. County agrees to distribute to City , those receipts provided for pursuant to Section 16(H) (3) of: the `Transient Room Tax'Ordinance---of- Washington -County. This .agreement. shall be effective immediately upon execution by. the City and the County, and may, be terminated upon 90 days notice by either party. Made and entered into this day.of 7 25E �2_ , 1975. _2_ CITY COUNCIL City of Tigard Mayor City Recorder Made and Entered into this dayof Arn 1975. APPROVED WASHINGTON COUNTY BOARD 0 OUNTY COMMISSIONERS BOARD OF COMMISSIONERS FOR W H ' GTON NTY, OREGON MINUTE ORDER#... ...... DATE / -:a..�� 1.7.r ....................... .� BY.. �� .. Cha an CLERK OF T BOARD JROVCED�A ►O R R ording S retary t C my Counsel a •:-ington County, Ore. 13 CITY OF TIGARD, OREGON' RESOLUTION No. 75- u4 A RESOLUTION OF THE CITY OF TIGARD, OREGON RELATING TO THE ADOPTION OF A , TRANSIENT ROOM TAX AND DECLARING AGREEMENT WITH CERTAIN PROVISIONS OF WASHINGTON COUNTY ORDINANCE No. 110, AS AMENDED, IN ORDER THAT AN AGREEMENT WITH WASHINGTON COUNTY MAY BE ENTERED INTO FOR .THE PURPOSE OF 'SHARING REVENUES DERIVED FROM THE WASHINGTON COUNTYTTRANSI$NT ROOM TAX. WHEREAS, Washington County. has adopted a transient room tax; and WHEREAS, Washington County has made provision for distributing a portion of the receipts from said tax upon the declaration .by a city of agreement to certain provisions relating to administration, enforcement and limitation of amount of said tax; and WHEREAS, the City of Tigard$ in lieu of adopting its own transient room tax, determines to agree to the required conditions for receiving a portion of the Washington County tax collected within the City limits of Tigard. NOW, THEREFORE, BE IT RESOLVED by the City Council of Tigard, Oregon that; Section 1: In lieu of adopting a City of Tigard transient room .tax and for the purpose of entering into an agreement with Washington County to receive distribution of receipts from the County transient room tax 3n the manner provided by Washington County Ordinance No.. 110, as amended, and in particular subsection 16H thereof., the City Council of Tigard, Oregon hereby agrees as follows: (a) That-the administration and enforcement of such tax-will-remain with the Director; and (b) That the total transient room tax imposed within the City shall not exceed 5% of the rent as provided'-in subsection 3 of Section 16H of Ordinance No. 110 as amended. Section 2: The Mayor and City Recorder are -hereby authorized to execute "an . agreement _with Washington County--for -the above-stated purposes. Section 3: This Resolution shall become effective immediately 'upon passage and. T staff- is .instructed =to expedite: the consummation of the- necessary agreement in order that receipts :from _the -transient room-tax may accrue to the benefit of the citizens of Tigard at the earliest possible date. PASSED: This day of `j�AJPPI , 1975. Mayor - City of Tigard ATTEST. Recorder - City ofT, and Rr4znT:TTT.TnN M- 7S_ d� .4TI 1 IN THE BOARD OF COUNTY COMMISS'IO14ERb 2 FOR WASHINGTON COUNTY, OREGON ! ,Pri cCTOR An Ordinance Amending the Transient ORDINANCE NO. 151 Room Tax Ordinance of Washington 4 County and Repealing Ordinance No. 146 of Washington County. 5 The Board of County Commissioners of Washington County, 6. Oregon, ordains: 7 SEC;ION 1. A. The Board of Coulnty Commissioners of Washington County, 9 Oregon, recognizing that the "Transient Room Tax Ordinance 10 of Washington County, " Ordinance No. 110, enacted on 11 June 20, 1972, and as amended by Ordinance No. 114, i 12 enacted July 11, 1972, and Ordinance No. 146, .enacted 13 March 26, 1974, is in need of periodic revision and 14 amendment -to improve the effect of such ordinance and to 15 facilitate collection and distribution features and, other 16 matters pertaining to such ordinance, does hereby determine 17 the necessity of amending the Transient. Room Tax Ordinance 18 of Washington County as hereinafter more particularly 19 described. 20 B. The Board further determines and takes public notice 21 that this Board has initiated these amendments to. produce 22 greater City-County cooperation and foster greater tax W 23 a o efforts by local governments throughout Washington County. 0 24 SECTION 2. 25 The Transient Room Tax Ordinance of Washington County, 26 Page I Ordinance No. 110, adopted by the Board of County Commissioners 2 of Washington County on June 20, 1972, and as amended by 3 Ordinance No. 114 on July 11, 1972 and Ordinance No. 146, 4 enacted March 26, 1974, is. by this ordinance, amended pursuant 5 to the Charter of 1,7ashington' County as follows, said amendments 6 to become effective on the effective date of this ordinance, 7 to wit: 8 Add Section 16 (H) to read: 9 "16H. Tax Effort Sharing 10 1. If a city, located in whole or in part within Washington County, adopts a resolution- declaring 11 that, in lieu of adoption of its own transient room tax ordinance, it shall agree to the provisions 12 of paragraph (2) of this subsection, the Board shall enter into an agreement with the city to distribute 13 the tax receipts allocable for hotels within such city in the manner provided by paragraph (3) of this 14 subsection. 15 2. The agreement provided for in paragraph (1) shall provide: 16 a. That the administration and enforcement of .such 17 tax shall remain with the Director. 18 b. That the total transient room tax imposed within the city shall not exceed 5% of the rent as 19 provided in Section 3 of this ordinance. Z 20 3. . The amount to be distributed to a city which adopts an agreement pursuant to this subsection shall be as Z; 21 follows: From the total net tax due from hotels °a within such city, the collection fee provided for by Z� 22 Subsection E of this section and the permissive use Q0 of transient room tax funds provided for by 3w 23 Subsection F of this section shall be deducted.. J° Fifty percent of the end product of the foregoing WO 24 shall then be distributed to the city within thirty Zm days of receipt of the taxes imposed by this ordinance V J 25 J y= by the Director. 26 0 V Page 2 O 1ti 4' 1 SECTION 3. 2 Ordinance No. 146 of Washington County, entitled 3 "An Ordinance Amending the Transient Room Tax Ordinance of 4 Washington County" , enacted by this Board on March 26, 1974, 5 is repealed on the effective date of this ordinance. 6 ENACTED this day of 1974, being the i 7 date of the reading and the. public hearing 8 before the Board of County Commissioners for Washington County, 9 Oregon. j 10 BOARD OF COUNTY COMMISSIONERS FOR WASHINGTON COUNTY,. OREGON . 11 .. 12 Chairman 13 14 Recording Secretary Reading Public Hearing 15 16 First Second 17 Third 18 19 Other 20 Vote Aye 21 Nay Recording Secretary 22 23 24 Date 25 26 .; Page 3 •- J.-. .i; - .. ��� !�-) Gam'�- t,.[i'(_ / WASHINGTO'N COUNTY Inter-Depart merit Correspondence. Date September 12, .1975 To IVSD ' Board of Commissioners Od From Director of Finance and Administration CITY OF TIGARD Subject Agreement for Transient Room Tax Sharing with City of Tigard Attached please find: 1 . A letter from Tigard City Administrator requesting approval (,fan agreement-between Washington County and the City of Tigard for sharing certain receipts from the Washington County Hotel-Motel Tax Ordinance. 2. A resolution of the Tigard City Council making the assurances required by 16 H of the County's Ordinance (i.e. that the Director of Finance and Administration will administer the ordinance and the City will not enact its own Hotel Motel Tax Ordinance) . 3. Two copies of an agreement as provided by the County's Ordinance by which, in return for the assurances provided for in paragraph (2) above, Washington County will share 50% of the net Hotel-Motel tax receipts collected inside the City of Tigard with the City. All of the above are in conformity with the County's Hotel-Motel Tax Ordinance It is recommended that the Board authorize the chairman to sign the attached agreement`•to be effective October 1 , 1975. FOL:ml cc: Bruce Clark, City Administrator, Tigard CAO County Counsel APPROVED WASHINGTON COUNT" Attach: 3 BOARD OF COMMISSIONERS MINUTE ORDER#r....:�5.s�4 ........•... GG DATE.....7.7r7:.�.... ;74........................................ BY................ o 1-wn Johansen ..............® .......................................... CLERK OF THE BOARD September 9, 1975 Dan,To:tter, County Admini s�tra tar.'. Washington County Courthouoe, 'Hillsboro, Oregon 97123. Dear Dan: Enclosed,.herewith is one copy of. a -resolution passed by City Council- - on.September 8, 1975 and twq signed copies.of an agreement relatipg:,to. Transient ,doom Tax in the City"of Tigard, also signed on September g, 1975 'You will ,note iha"t the agre4m6nt-'is t'essential.-ly- tt a same fo m-as treated by county. legal council with .very slight modifications tofi.t the Tigard situa.tion'(ie.). ;-effective date to, be the date executed by. County Commissioners. As per our previous eonversatibn° i wound' very much. appreciate your placing this matter: the ,first possible Board Agenda ,for i,ts consideration and execution. Upon favorable action by the County Commissioners please keep one signed copy and return one .to my office. If you have any .gdestions.or - desire further information please do not'. hesitate, to..contact.me, Xery truly yours, Bruce -P. Clark City'Admiuistrator BPComs CITY OF TIGARD P. O.;Box 23557 12420 S. W. Main . Tigard, Oregon 97223 R-E V E1 ,1V E a September 9, 1975 x Dan Potter, County Administrator Washington County Courthouse Hillsboro, Oregon 97123 Dear Dan: Enclosed herewith is .one .copy of a resolution passed by City Council on September 8, 1975 and two signed copies of an agreement relating to Transient Room Tax in the City of Tigard, also signed on September 8, 1975. You will note that the agreement is essentially the same form as created by county legal council with very slight modifications to fit the Tigard situation (ie), effective date to be the date executed by County Commissioners. As per our previous conversation I would very much appreciate. your placing this matter on the first possible Board Agenda for its consideration and execution. Upon favorable action by the County Commissioners please keep one signed copy and return one to my office. If you have any questions or, desire further information please do not hesitate to contact me. Very truly yours,. Bruce P. Clark City Administrator BPC:ms