Washington County - BCC 09-0811 Transportation Development Tax EXHIBIT A
INTERGOVERNMENTAL AGREEMENT(IGA)BETWEEN THE CITY OF TIGARD AND
WASHINGTON COUNTY FOR ADMINISTRATION OF THE COUNTYWIDE
TRANSPORTATION DEVELOPMENT TAX(TDT) AND
TRANSPORTATION IMPACT FEE (TIF)
This Agreement is between Washington County, a political subdivision of the
State of Oregon (County) and the City of Tigard, a municipal corporation (City).
I. Recitals
1. On November 4, 2008, the electors approved Ordinance No. 691-A, amending
the existing countywide "TIF" and known as the Transportation Development Tax
(TDT). The TDT and TIF are codified at Chapter 3.17 of the Washington County Code.
2. Ordinance 691-A is effective July 1, 2009. TIF will remain in effect prior to
that date for all development, and after that date for certain developments as stated in
Ordinance 691-A.
3. Pursuant to WCC 3.17.120, City filed with County a resolution or ordinance
accepting responsibility for administration of the TDT within, the corporate limits of the
City, and the parties have prepared this intergovenunental agreement setting forth
administrative and funding procedures to ensure uniform and fair application of the TDT;
In consideration of the mutual promises and covenants herein, the parties agree as
follows:
II. Terms
1. City shall administer the TDT in accordance with Ordinance 691-A, and as it
may be subsequently amended from time to time by County. In addition, the parties shall
comply with the TDT Procedures Manual, dated [expected to be July 1], 2009 and as it
may be subsequently amended from time to time by County. 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 3.17.150, may have ramifications on the overall
administration of the TDT. City shall not object to County 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. In the
event a Hearings Officer decision under section 3.17.150.13.5 is deemed by a Court to be
a County decision, County shall not object to City seeking party status on an appeal or
writ of review. If City elects not to seek partystatus.in a case, County shall consult with
City regarding the appropriate action in the case.
3: The Washington County Transportation Coordinating Committee (WCCC)
hereby is designated as the body responsible for reviewing and making recommendations
on the expenditure of TDT and 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; to minimize inefficiencies in the construction
of improvements; and to promote compliance with the adopted Project List and Base
Report. 'To that end, the parties shall obtain review and approval of the WCCC prior to
authorizing any expenditure of TDT or 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 TDT ordinance.
5. City and County will consult with one another, and notify the WCCC prior to
adopting or modifying any System Development Charge for transportation facilities.
6. County will prepare a combined countywide Annual Accounting for the TIF
and TDT funds as required by ORS 223.311. City shall provide timely and complete
information to County for purposes of this report.
7., In accordance with WCC 3.17.120 and the resolution or ordinance previously
adopted by City, City accepts full responsibility for proper administration of TDT in
accordance with the ordinance; this Agreement, and applicable statutes, including for any
fund deficiencies notwithstanding any termination of City administration.
8. County may.terminate City administration of TDT if County finds that City
has failed and refused to administer TDT 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 in which
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 34.001 to 34.100.
9. 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
TDT, and use of TDT proceeds, to County.
10. The parties agree to work cooperatively,and in good faith to ensure uniform,
fair and efficient administration of TDT. This obligation shall include such steps as are
necessary to ensure a smooth transition in.the event of termination for any reason.
r
Dated thi42-5day of 2009.
City of Tigard, Washington County
Title: City Manager Title: Chairman Board of Commissioners
4ityy
proved as to form: Appr ved a o for :
Attorney County Counsel
m
APPROVED WASnINOTON COUNTY
BOARD OF COMMISSIONERS
MUTE ORDER# M.�—1 /� 1
DATE U-_BY
CLERI{OF'-1.El
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y.
WASHINGTON COUNTY
OREGON
Memorandum
RECEIVEDPLANNING
To: Jolynn Becker, City of Banks SEP 08 2009
Jabra Khasho, City of Beaverton
Dick Reynolds, City of Cornelius CITY OF TIGARD
Roland Signett,.City of Durham
Anna Ruggles, City of Forest Grove
David Noren, City of Gaston
Debbie Werner, City of Hillsboro
David Wells, City of King City
Lisa Gibson, City of North Plains
Jason Waters, City of Sherwood
Albert Shields, City of Tigard.
Michael McKillip, City of Tualatin
Michael Kohlhoof, City of Wilsonville
l,.
From: Steve L Kelley, Senior Transportation Planner
Date: September 2, 2009
Subject: Transportation Development Tax Intergovernmental Agreements
Enclosed is a signed original of the fully executed Transportation Development Tax
Intergovernmental Agreement. A second signed original agreement has been filed with the
Washington County Recording Division. It has been filed under Minute Order 09-134 of the
Washington County Board of Commissioners, as Board of County Commissioners Contract 09-
0811.
Thank you for your assistance in completing this agreement. If you have any questions, please call
me at 503-846-3764.
Department of Land Use&Transportation e Planning Division
155 N.First Avenue,Suite 350-14,Hillsboro,OR 97214-3072
phone:(503)846-3964 • fax-(503)846-4412
CITY OF TIGARD, OREGON
TIGARD CITY COUNCIL
RESOLUTION NO. 09-37
A RESOLUTION AUTHORIZING THE CITY OF TIGARD TO COLLECT AND ADMINISTER THE
COUNTYWIDE TRANSPORTATION DEVELOPMENT TAS'
WHEREAS, On November 4, 2008 the electors of Washington County approved Washington County
Ordinance No. 691, an Ordinance.Amending the Traffic Impact Fee, Washington County Code Chapter
3.17, Declaring an Effective Date, and Referring this Ordinance to dne Voters at the Next General Election;
and
WHEREAS, Section 3.17.120 of Ordinance 691 entitles each city to collect the tax, administer its provisions
and retain 100% of the proceeds upon adoption of a resolution or ordinance in accordance with Section
3.17.1.20;and
WHEREAS, the City of Tigard desires to collect and administer the tax in accordance with the provisions of
Ordinance 691.
NOW,THEREFORE,BE IT RESOLVED by the Tigard City Council that:
SECTION 1: The City of Tigard shall collect and administer the tax within its city limits in full compliance
with all of the terms of Ordinance 691;and
SECTION 2: The City of Tigard.accepts complete and sole responsibility for any fund deficiencies arising
at any tune including upon termination;and
SECTION 3; The City of Tigard shall provide Washington County no less than 90 days written notice of
termination of this resolution and shall work with.the.County in good faith and reasonable
manner to provide a smooth transition to County administration of the tax;and
SECTION 4: The City shall cooperate with Washington County and other cities within the County to adopt
intergovernmental agreements setting forth more complete administrative and project
funding procedures to ensure uniform and fair application of this tax;and
SECTION 5: This resolution will become effective and City of Tigard administration shall commence July
1,2'009,or the date this Resolution is filed with the Clerk of the Washington County Board of
Comissioners,whichever date occurs last
RESOLUTION NO.09-,j7,R 1.
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PASSED: This ( day of 2009:
4Mayor- of Tigard
7ty��R
T:
Ci �orr- City�iga�
RESOLUTION NO.09 P.'2.
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CITY OF TIGARD, OREGON
TIGARD CITY COUNCIL
RESOLUTION NO. 09- . (D
A RESOLUTION OF THE QTY COUNCIL APPROVING AN INTERGOVERNMENTAL
AGREEMENT (IGA) BETWEEN THE QTY OF TIGARD AND WASHINGTON COUNTY FOR
ADMINISTRATION OF THE TRANSPORTATION DEVELOPMENT TAX ('IDT) AND TRAFFIC
IMPACT FEE (TIF).
WI-JEREAS, On November 4, 2008 the electors of Washington County approved Washington County
Ordinance No. 691, an Ordinance Amending the Traffic Impact Fee, Washington County Code Chapter
3.17, Declaring an Effective Date, and Referring this Ordinance to. the Voters at the Next General Election;
and
WHEREAS, Section 3.17.120 of Ordinance 691 entitles each city to collect the tax, adininister its provisions
and retain 100% of the proceeds upon adoption of a resolution or ordinance 'in accordance with Section
3.17.120; and
WHEREAS, the Gty of Tigard desires to collect and admi mister the tax in accordance with the provisions of
Ordinance 691;and
WHEREAS, on June 9, 2009 the Tigard City Council adopted Resolution 09-37 authorizing the City to collect
and administer the tax.
WHEREAS, the parties need to enter into .an agreement to fortrilize- the adrnunistrative and funding,
procedures for collecting and administering the tax.
NOW,THEREFORE,BE IT RESOLVED by the Tigard City Council that:
SECTION 1: The agreement attached as Exhibit.A to this Resolution is hereby approved and the City
Manager is authorized.to sign the agreement documents.
SECTION 2: This Resolution is effective immediately upon passage.
PASSED: This-day of 2009.
Mayor- dty of Tigard
A ST:
Cert f ed to be a Ince copy o f the onginal document
on fi! ICI /171 ioigard Cat} H/-all
City Recorder- City of Tigard
By
r cor er, City of Tr urd
Date: D-
49
RESOLUTION NO.09-_,Page 1
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