Resolution No. 02-61 CITY OF TIGARD, OREGON
RESOLUTION NO. 02--(0 t
A RESOLUTION AUTHORIZING THE MAYOR TO ENTER. INTO AN INTERGOVERNMENTAL
AGREEMENT (IGA) WITH WASHINGTON COUNTY REGARDING THE TIGARD STATION-
AREA DESIGN AND COORDINATION FOR COMMUTER RAIL.
WHEREAS, in 1996 Tigard joined with Washington County, the cities of Beaverton, Tualatin, Wilsonville
and Sherwood,and the Oregon Department of Transportation to study the feasibility of commuter rail along
the freight rail line running between Beaverton and Wilsonville;
WHEREAS, in 1999 Washington County and the Federal Transit Administration (FTA) began conducting
an alternatives analysis and an environmental assessment;
WHEREAS, both processes have been successfully concluded and the project is now seeking federal
approval to begin final design;
WHEREAS, the City of Tigard will have commuter rail stations in Downtown Tigard and in the
Washington Square Regional Center;
WHEREAS,the City of Tigard has supported the commuter rail project throughout the planning Process;
WHEREAS, Washington County is entering into an IGA with Tigard and all affected jurisdictions
(Tualatin, Beaverton and Wilsonville) to allow better coordination and station design consistency
between the cities and the County;
NOW, THEREFORF, RF IT RESOLVED by the Tigard City Council that:
SECTION 1: Mayor Griffith is authorized to enter into an Intergovernmental Agreement (IGA) with
Washington County regarding the Tigard-station area design and coordination for
Commuter Rail, attached as Exhibit A to the Resolution.
SECTION 2. This resolution is effective immediately upon passage.
PASSED: This day of—QCt0b—(2,2_ 2002.
MFor-City o 9
ATTEST:
City Recorder- City of Tigard
,\TIG333\USR\DEPTS\L,RPLN\BETH\DOWNTOWN\RESOLUTION 10 29 02 FOR IGA DOC
RESOLUTION NO.02- (P
Page 1
Exhibit A to the
Resolution
URBAN SERVICES INTERGOVERNMENTAL,AGREEMENT
BETWEEN
THE CITY OF TIGARD,THE CITY OF TUALATIN,THE CITY OF BEAVERTON,
THE CITY OF WILSONVILLE AND WASHINGTON COUNTY,OREGON
RECITALS
1. This intergovernmental agreement, hereinafter Agreement, is entered into on the last date
shown on the signature pages by City of Tigard,the City of Tualatin,the City of Beaverton and
the City of Wilsonville,hereinafter"Cities,"and Washington County,hereinafter"County,"all
political subdivisions of the State of Oregon;and
2. ORS 190.007 provides for the furthering of economy and efficiency in local government by
intergovernmental cooperation.
3. The parties desire to enter into this Agreement for the purpose of allowing better coordination
and design consistency between the Cities and the County in response to the design of station
areas for the Washington County-Wilsonville to Beaverton Commuter Rail Project, hereinafter
"Project".
4. The Project is defined in the Washington County Commuter Rail Preliminary Engineering
documents prepared by URS Consultants and dated February 2002.
5. The Project includes physical improvements to be located in each of the Cities that will require
local land use review and permitting.The Project will be more specifically defined during the
final engineering and design phase.
6. Cities and County coordinated during the preliminary engineering and design phase of the
Project to reach a consensus on the fundamental design features of the physical improvements of
the Project.This consensus represents a common understanding between the Cities and County of
the Project improvements to be constructed in the Cities and any potential impacts associated
with the Project.
7. The parties have unanimously endorsed the Wilsonville to Beaverton Commuter Rail Project
based on the anticipated benefits to the transportation system and support the final design and
engineering efforts that will lead to construction of the project.The Wilsonville to Beaverton
Commuter Rail Project is recognized and included in theTransportation System Plan of each
City.
8. It would be to the benefit of the Cities and the County to coordinate planning and permit
review for the development of the Project to insure that the Project provides similar station area
improvements in each of Cities based on a consistent set of Project design expectations.
Page I of 4 Intergovernmental Agreement Between Washington County,the City of Tualatin,the City of"Tigard,the
City of Beaverton and the City of Wilsonville
9 It would he to the benefit of the Project to coordinate planning and permit review for the
development of the Project to insure that extraordinary expenses do not result from the local
review process that could impact the financial feasibility of the Project.
THE CITIES OF TUALATIN, TIGARD,BEAVERTON, WILSONVILLE, AND
WASHINGTON COUNTY AGREE AS FOLLOWS:
1. AREA AFFECTED BY THIS AGREEMENT
The area affected by this Agreement is the Project property subject to local land use
review and permitting by the Cities that is generally described as the Commuter Rail
station areas, including station platforms,park-and-ride lots,operating base and related
facilities.This property will be further defined as a result of the final engineering and
design effort for the Project.
II. PROJECT DEVELOPMENT PRINCIPLES
a. Insofar as practical,Cities shall be treated equally in terms of type and design of
station area Project improvements within each of the Cities'jurisdictional
boundaries. Station area Project improvements shall be consistent with a common set
of design guidelines(as shown in Exhibit A)for station areas established by the
Project. Project improvements may recognize design variations included in local
design guidelines or standards. However,any incremental cost attributable to
physical improvements or modifications that is greater than the cost in the design
guidelines(Exhibit A), or as agreed to through the process set forth in III C. will be
the financial responsibility of the permitting city.
b. A Memorandum of Understanding(MOU)between the Commuter Rail Project
Manager and the city designee will be prepared outlining the details for costs,
construction, roles and responsibilities for station area and any off-site
improvements.This MOU will be prepared and agreed to prior to filing a formal land
use application with the applicable city.
c. Efforts shall be made through coordination between the Cities and County to protect
the Project from extraordinary expenses resulting from local land use reviews and
approvals that may impact the financial feasibility of the Project.
III. DEVELOPMENT PROCESS
a. County or its designee will be the applicant for all necessary land use applications for
submittal to each City. The applicant shall pay all required application fees or as
otherwise agreed.
b. Land use applications submitted to each of the Cities will reflect the Project
improvements based on the common understanding of the station area Project design
and impacts shown in Exhibit A and including any variations or enhancements
agreed to by the City and the Project. A Pre-Application Conference will be held with
the particular permitting city prior to application submittal to review the project
design and formalize this common understanding of Commuter Rail facility design
within each City. The Pre-Application Conference will also identify permit
Page 2 of 4 Intergovernmental Agreement Between Washington County,the City of Tualatin,the City of Tigard,the
City of Beaverton and the City of Wilsonville
requirements and an estimated schedule for review of land use applications. During
the local project review process,the City in which the application is being processed
will assign a staff liaison to the Commuter Rail project who will act as the primary
point of contact between that City and the permit applicant.
c. During City's review of land use applications,design issues and/or impacts that
extend beyond the Station Area Project Design Guidelines shall be immediately
brought to the attention of the County or its designee. County or its designee and
City shall meet to evaluate the effects of the City-initiated design changes on the
design and financial feasibility of the Proiect. If design changes can be made that are
consistent with the design guidelines of Exhibit A and the Project Development
Principles(Section II)of this agreement, such changes shall be incorporated into the
Project design and land use application.
d. If a determination of consistency with the Exhibit A cannot be reached,the
provisions of the Dispute Resolution section(Section IV)of this Agreement shall be
followed.
IV. DISPUTE RESOLUTION
In case of a dispute over the provisions of this Agreement,the one or more Cities and
County staff for each entity will immediately refer the dispute to the respective City
Manager or Mayor and the County Administrator for resolution. If the City Manager or
Mayor and the County Administrator cannot resolve the dispute within 30 days, it shall
be forwarded to the Commuter Rail Steering Committee for resolution(the Commuter
Rail Steering Committee is composed of elected representatives from the four cities,
Washington County and the Tri-Met General Manager). If the Commuter Rail Steering
Committee is unable to resolve the dispute within 30 days,the dispute shall be subject to
binding arbitration under ORS 190.710-190.800 except that the parties can each select an
arbitrator and those arbitrators shall select a third arbitrator. The third arbitrator shall
hear the matter. Any decision resulting from this dispute resolution process shall not be a
land use decision but may be incorporated into a final land-use decision by the City. The
cost of the arbitrator shall be borne equally by the parties to the dispute. Each party shall
be solely responsible for its cost of legal representation,if any.
V. NOTICE OF APPLICATIONS
Cities shall give notice to County or its designee of all claims,land use applications,
hearings,decisions and any appeals of those decisions made under the authority of this
Agreement. County or its designee shall forward to other signatories to this agreement
copies of all claims, land use applications, hearings,decisions and any appeals of those
decisions made under authority of this Agreement.
VI. TERM OF AGREEMENT
This Agreement shall be effective upon final signature and shall remain in effect for three
(3)years. The Agreement may be extended for a subsequent two(2)year term upon
mutual agreement of the parties. This Agreement may be terminated by any party upon
ninety(90)days written notice to the other parties.
Page 3 of 4 Intergovernmental Agreement Between Washington County,the City of Tualatin,the City of Tigard,the
City of Beaverton and the City of Wilsonville
VII. COMPLIANCE WITH LAWS
Each party shall comply with all applicable federal,state and local ordinances, statutes,
and regulations that are applicable to the services provided under this Agreement.
VIII. DEBT LIMITATION
This Agreement is expressly subject to the debt limitation of Oregon Counties as set forth
in Article XI, Section 10 of the Oregon Constitution and is contingent upon funds being
appropriated therefor.
IX. HOLD HARMLESS
Subject to the limitations of liability for public bodies set forth in the Oregon Tort Claims
Act, ORS 30.260 to 30.300,an the Oregon Constitution,each party agrees to hold
harmless,defend,and indemnify each other, including its officers,agents and employees,
against all claims,demands,actions and suits(including all attorney fees and costs)
arising from the indemnitor's performance of this Agreement where the loss or claim is
attributable to the negligent acts of omissions of that party.
X ASSIGNMENT
Each of the parties understand that the County shall have the right to assign this
Agreement without the Cities consent to an entity that designs,constructs,and/or
operates passenger rail service in this corridor.
XI MODIFICATION
Modifications to this Agreement are valid only if made in writing and signed by all
parties. This writing is intended as the final expression of the agreement between the
parties with respect to the terms and as a complete and exclusive statement of the terms
of the Agreement.
In WITNESS THEREOF,the parties have executed this Intergovernmental Agreement on the
date set below their signatures.
WASHINGTON COUNTY,OREGON CITY OF TIGARD,OREGON
By: By:
Tom Brian,Chair Ji Grif tth ayor
Washington County City of Tig
Board of Commissioners
Date: Date: O&Ob-e r D q, Doc)"
Approved as to form: Approved as to form-
County Counsel City Attorney
Page 4 of 4 Intergovernmental Agreement Between Washington County,the City of Tualatin,the City of Tigard,the
City of Beaverton and the City of Wilsonville