Resolution No. 94-18 Jim
t CITY OF TIGARD, OREGON
RESOLUTION NO. 94-J
A RESOLUTION AUTHORIZING THE CITY ADMINISTRATOR TO SIGN A TRAFFIC: IMPACT
FEE INTERGOVERNMENTAL AGREEMENT WITH WASRINGTON COUNTY
WHEREAS, by Resolution No. 90-65, the City agreed to cooperate with
Washington County and other cities within the County to adopt •
intergovernmental agreements setting forth more complete administrative
and project funcing procedures for the county traffic impact fee
ordinance; and,
WHEREAS, such an intergovernmental agreement has now been prepared; and,
WHEREAS, the Council finds that it is appropriate for the City to
continue to administer the County traffic impact fee ordinance within
the City.
NOW, THEREFORE, BE IT RESOLVED by the Tigard City Co%incil that:
Section 1: The City Administrator is hereby authorized to sign, on
behalf of the City of Tigard, the intergovernmental
agreement attached hereto as Exhibit No. 1.
Section 2: For purposes of administering the TIF ordinance in
accordance with the attached intergovernmental agreement,
"Director" shall mean the City Administrator or a person
designated by the City Administrator to act in that
capacity.
E11
PASSED: ThisL day o �L , 1994-
May - CityS of!Tigard
FE ATTEST:
G(�7rj_,PiZ�ivt GL>a�
City Recorder - City of Ti and
rw/tif-res
RESOLUTION NO. 94-
Page 1
INTMGOVZVMX NPAL AQJM12CM T _
This Agreement is entered into this day o€
1993, by and between Wi�ngton C—=ntny. a
political subdivision of .the State of Oregor. (County) aid
a municipal corporation (city).
1• On September 18, 1990, the electors approved
Cq:d v-ance No. 379, establishing a county-wide Traffic impact
Fern- /$sRaYa�Rami-o��- TIP• co if i at .��. 3-17 of the -
Washington County Code);
2. Pursuant to WCC 3.19.120, City filed with Cousaty a
resolution or ordinance aaance accepting responsibility.for
admin stx-9tion of TIF wit.1r. the corporate limits of City and
obligating the parties to cooperate in tlae adoption of .n
intergovernmental agreement setting forth more complete
admin3-t=ative and project funding procedures so as to ensure
uniform and fair application of a:IF; aim
3_ The parties desire to provide €urther specificity so
&= to ,.o..z mg ze consistency in application of TIPand e•*rsnse
coordination of expenditures; now, theregore, in consideration
of the mutual covenants; herein, it is
1. City shall administer TIF in accordance with
Ordinance No. r4.79, as amended- by Ordinance No. 398 and
Ordinance No. 435, or as subsequently duly amended by County.
In addition, the parties shall comply wi.tb, the Procedures
dated February, 1994,_.labelled Exhibit -A- and by this
rs
reference Incorporated herein: Notwithstanding this
provision. each party may make such minor modifications to the
forms and procedures as are necessary to accommodate to :Lt=
a'...c i-ve, data processing, and sec9rd keeping systems,
Provided that it coordinates such changes- with the other
pa'cy-
2- It is recocdni.zed that issues raised on an amr�a 2 of
a disaret-lonary decision of the di.re=*-or, as provided Ira WCC
3.17.1508, may have ramifications on the overall
admznistration of TIF• City shall not object to County
a a� laea3 Page 1 of 3
seek1mg party status on any appeal that the County finds has
such potential impacts. Each party hereto shall v1g3—usly
and conscier.tiva&ly defend its actions to the extent resources
allow.
3. The Washington County Transportation Coordinating
Committee hereby is designated as the body responsible for
reviewing and malting recommendations on the•expenditun a of TIF
funds_ The purposes of this review shall be to promote
coordination of expenditures so as to encourage the completion
of projects recognized as priorities by the Committee and to
minimize ineffic3encl6s in the construction of impresvements.
To that and, the pasties shall comply with the termgs of
Exhibit wAO hereto prior to authorizing any expenditure of TIF
revenues for a public improvement.
4. County shall consult with City and provide at least
30 days for input from City prior to adoption of any
anendments to the TIF ordinance.
S. In accordance with WCC 3.17.120 and the resolution
or ordinance previously adopted by City, City accepts full
responsaba.lity for proper-administration of TIF in accordance
with the ordinance and this Agreement,;including fens any fund
def i ciexcies notwlt:h tanding any r--mia+ation cf City
adm--anist;r•ation.
6. County may terminate City administration of TIF if
County finds that City has failed and refused to zaclud a,;ster
TIP in accordance with the Code and this Agreement- County
sinal) provide elty SO-days Writ:--em of
specifying the basis therefore. Such notice shall provide
City with a minimum of 30 days to correct the identified
deficiencies. If County finds that the deficiencl- have been
corrected, the termination shall be rescinded. If requested
in writing by City within 45 days of mailing of -tate: initial
notice, the Washington County Board of Commissi-anet =hall
conduct a public hearing at which City and interested parties
may appear and pr e:se t avide nce t^ -Y term_. =.:lshould
not occur. The decision of the Board shall be appealable as
provided in ORS 34_101 to 34.100-
7-
4.100.7. City may terminate this Agxrwea.ent upon
90-days written notice to County- in accordance witty FICC
3.17.120, termination shall transfer administrat3ora of xYF,
and use of TIF proceeds, to County_
o5a5co_ac e�e�s ss Page 2 of 3
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a. The parties agree to mor3c cooperatively and in good
faith to ensure unigorm, fair and efficient administration of
3ZF. This obligation shall include such steps as are
necessary to ensure a smooth tran!c_+io: in the event of
1:-os*zT>;nation for any reason.
�aij► Washington County
osessao.atr�sb�asea-93 Page 3 of 3