Washington County ~ ~ Traffic Impact Fee EXHIBIT NO. 1
INTERGOVERNMENTAL AGREEMENT
This Agreement is entered into this day of
-,t /c/c/ , 1 33, by and between Washington County, a
po tical subdivision of the State of Oregon (County) and
a municipal corporation (City) .
WHEREAS:
1. On September 18, 1990, the electors approved
Ordinance No. 379, establishing a county-wide Traffic Impact
Fee (hereinafter TIF; codified at Chapter 3.17 of the
Washington County Code) ;
2. Pursuant to WCC 3.17. 120, City filed with County a
resolution or ordinance accepting responsibility for
administration of TIF within the corporate limits of City and
obligating the parties to cooperate in the adoption of an
intergovernmental agreement setting forth more complete
administrative and project funding procedures so as to ensure
uniform and fair application of TIF; and
3. The parties desire to provide further specificity so
as to maximize consistency in application of TIF and ensure
coordination of expenditures; now, therefore, in consideration
of the mutual covenants herein, it is
AGREED:
1. City shall administer TIF in accordance with
Ordinance No. 379, as amended by Ordinance No. 398 and
Ordinance No. 435, or as subsequently duly amended by County.
In addition, the parties shall comply with the Procedures
Manual, dated February, 1994, labelled Exhibit "A" and by this
reference incorporated-,herein. Notwithstanding this
provision, each party may make such minor modifications to the
forms and procedures as are necessary to accommodate its
administrative, data processing, and record keeping systems,
provided that it coordinates such changes with the other
party.
2. It is recognized that issues raised on an appeal of
a discretionary decision of the director, as provided in WCC
3. 17.150B, may have ramifications on the overall
administration of TIF. City shall not object to County
06650o.AGR\sb\de\8-93 Page 1 of 3 ;
seeking party status on any appeal that the County finds has
such potential impacts. Each party hereto shall vigorously
and conscientiously 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 making recommendations on the expenditure of TIF
funds. The purpose 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 inefficiencies in the construction of improvements.
To that end, the parties shall comply with the terms of
Exhibit "A" 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
amendments to the TIF ordinance.
5. In accordance with WCC 3 . 17. 120 and the resolution
or ordinance previously adopted by City, City accepts full
responsibility for proper administration of TIF in accordance
with the ordinance and this Agreement, including for any fund
deficiencies notwithstanding any termination of City
administration.
6. County may terminate City administration of TIF if
County finds that City has failed and refused to administer
TIF in accordance with the Code and this Agreement. County
shall provide City 90-days written notice of termination
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 deficiencies have been
corrected, the termination shall be rescinded. If requested
in writing by City within 45 days of mailing of the initial
notice, the Washington County Board of Commissioners shall
conduct a public hearing at which City and interested parties
may appear and present evidence as to why termination should
not occur. The decision of the Board shall be appealable as
provided in ORS 34 . 101 to 34 . 100.
7 . City may terminate this Agreement unilaterally upon
90-days written notice to County. In accordance with WCC
3 . 17. 120, termination shall transfer administration of TIF,
and use of TIF proceeds, to County.
0665DO.AGR\sb\de\8-93 Page 2 of 3
8. The parties agree to work cooperatively and in good
faith to ensure uniform, fair and efficient administration of
TIF. This obligation shall include such steps as are
necessary to ensure a smooth transition in the event of
termination for any reason.
L.
i
Washington County
APPROVED WASHINGTON COUNTY
BOARD OF COMpMASSIONERS
MINUTE ORDER. N ......./..Z..+ ..........
DATE .........�.,.................. � ..I-..Vr ......
BY � CLERK
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0665DO.AGR\sb\de\8-93 Page 3 of 3
Co"-oiL
WASHINGTON 0-"J.
COUNTY,
OREGON
June 3, 1994
Catherine Wheatley
City Recorder
City of Tigard
13125 SW Hall Blvd.
Tigard, OR 97223
Re: TIF Intergovernmental Agreement
Enclosed is the City of Tigard's original copy of the fully executed Traffic Impact Fee
Intergovernmental Agreement. This document was signed for the County by Bonnie
Hays on May 31, 1994.
This intergovernmental agreement obligates the city to abide by its terms which
includes by reference the provisions of the TIF Procedures Manual dated February
1994. The County encourages you to provide a copy of this executed IGA to the City
TIF Coordinator and any others who hold a copy of the TIF Procedures Manual.
If you have questions regarding this IGA or the Procedures Manual, please contact
Scott King at 640-3519.
Sincerely,
Kathy Leh ola
Assistant Director rp
I0 6 1994
c: Scott King ::.
-------------
155 North First Avenue Department of Land Use and Transportation, Administration Phone: 503/693-4530
�5�
Room 350-16 Hillsboro,Oregon 97124 FAX#: 503/693-4412
CITY OF TIGARD, OREGON
RESOLUTION NO. 94-_LK__
A RESOLUTION AUTHORIZING THE CITY ADMINISTRATOR TO SIGN A TRAFFIC IMPACT
FEE INTERGOVERNMENTAL AGREEMENT WITH WASHINGTON 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 funding 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 Council 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.
PASSED: This o7 day of ` L 1994.
May - City of Tigard
ATTEST:
lit
City Recorder - City of Ti and
Certified to be a True Copy of
Original on file 1i44rcl -qq•tg
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By♦
City Recorder•City of Ti rd
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Date:-- W13 4/
RESOLUTION NO. 94- l g
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