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INTERGOVERNMENTAL AGREEMENT BETWEEN MULTNOMAH COUNTY AND METRO, TRIMET, WASHINGTON COUNTY, CLACKAMAS COUNTY, THE CITY OF MAYWOOD PARK, THE CITY OF WOOD VILLAGE, THE CITY OF TROUTDALE, THE CITY OF FAIRVIEW, THE CITY OF LAKE OSWEGO, THE CITY OF GRESHAM AND THE CITY OF PORTLAND FOR IMPOSITION OF A VEHICLE REGISTRATION FEE
This Intergovernmental Agreement (“Agreement”) is made and entered into pursuant to ORS 190.010, effective (insert date) between Multnomah County (“County”) and the following entities: Metro, Trimet, Washington County, Clackamas County, the City of Maywood Park, the City of Wood Village, the City of Troutdale, the City of Fairview, the City of Lake Oswego, the City of Gresham and the City of Portland. This Agreement shall be henceforth referred to as the “2008 County Imposed Vehicle Registration Fee IGA”.
PURPOSE
The general purposes of this Agreement are to:
- Provide for the County’s proposed imposition of a vehicle registration fee, including the amount thereof.
- Provide for application of the funds.
- Provide for the obligations of the County and all above-named entities.
RECITALS
- The County is considering placing a vehicle registration fee on the May 2008 ballot; and
- Pursuant to ORS 801.041(7), since the County overlaps two districts, Metro and Trimet, it must enter into an intergovernmental agreement with the governing bodies of those districts and “all counties, other districts and cities with populations of over 300,000 that overlap the district[s]” before it may impose a vehicle registration fee; and
- The County and the above-named entities find that a rational and efficient method for raising revenue for maintenance and/or reconstruction of Willamette River Bridges is for the County to charge its residents a vehicle registration fee. Vehicles will be subject to the registration fee in accordance with the provisions of ORS 801.041 and ORS 803.420; and
- An ordinance establishing the vehicle registration fee will be enacted by the County and filed with the Oregon Department of Transportation; and
- If the proposed ballot measure passes, the vehicle registration fee will be in an amount not to exceed $27 per vehicle; and
- Pursuant to a separate IGA entitled, “2008 County/ODOT Collection of Vehicle Registration Fee IGA,” ODOT will collect the registration fees, pay them over to the County, and, if necessary, allow the credit or credits described in ORS 803.445(5); and
- Revenue from the vehicle registration fees will not be apportioned among the various counties and districts to this Agreement; and
- The County and all cities within the County’s jurisdiction agree that 100% of the money collected from the registration fee will remain with the County. The money collected will not be distributed to the cities within the County’s jurisdiction. The County’s ordinance establishing the fee will provide for such arrangement, as well; and
- The County will designate all money it receives under this Agreement as funds to be spent on maintenance and/or reconstruction of Willamette River Bridges, located in Multnomah County, Oregon; and
- The County will establish an independent oversight function to ensure that collected registration fees are being applied only toward the uses agreed to under the terms of this Agreement; and
- The County agrees to continue working with State and regional partners in order to develop a broader transportation funding strategy. This includes, but is not limited to, consideration of a bridge authority or different governance structure for the bridges; and
- The County consulted with the cities in its jurisdiction prior to entering into this intergovernmental agreement; and
- ORS 190.010 and 190.030 provide for intergovernmental agreements between units of local government, including the County and all named entities, to allow the performance of functions or activities by one unit of local government for another.
AGREEMENT
A. Term
The initial term of this Agreement shall be from (insert date), 2008 through (insert date), 2028. Thereafter, this Agreement may be renewed upon mutual agreement of the above-named jurisdictions. This Agreement shall become operative, and the obligations of the parties to perform under this Agreement shall commence as determined by a written amendment to this Agreement executed by the Chair and respective designees of each named entity.
B. County Obligations
1. The County shall enact an ordinance to establish a vehicle registration fee. The County shall file the ordinance with the Oregon Department of Transportation.
2. The ordinance must be submitted to the electors of the County for their approval.
3. If County voters elect in favor of imposition of a vehicle registration fee, the County will enter into a separate IGA with the ODOT for collection of registration fees. The separate IGA will be named, “2008 County/ODOT Collection of Vehicle Registration Fee IGA.”
4. Upon receipt of registration fees from ODOT, the County shall apply 100% of the fee money to reconstruction and/or maintenance of Willamette River Bridges.
GENERAL PROVISIONS
1. Other than the County, no other named parties to this Agreement are required to take any action other than agreeing to the terms and condition of this Agreement.
2. The County shall designate an employee responsible for administration of this Agreement.
Additional Provisions
A. All notices and other communications to the parties under this IGA must be in writing, and shall be addressed respectively as follows:
Multnomah County
Attention: (insert name)
Insert address
Portland, OR 97233
All notices shall be given (i) by personal delivery to the party, (ii) certified or registered mail, return receipt requested, or (iii) by electronic communication followed immediately by registered or certified mail return receipt requested. All notices shall be effective and shall be deemed delivered (a) if by personal delivery, on the date of delivery, (b) if by certified or registered mail on the date delivered to the United States Postal Service as shown on the receipt; and (c) if by electronic communication, on the date the confirmation is delivered to the United States Postal Service as shown on the actual receipt. A party may change its address from time to time by notice to the other party.
B. The failure of a party to insist on the strict performance of any provision of this IGA or to exercise any right, power or remedy upon a breach of any provision of this IGA shall not constitute a waiver of any provision of this IGA or limit the party’s right thereafter to enforce any provision or exercise any right.
C. No modification of this IGA shall be valid unless made in writing and duly executed by the parties.
D. The parties agree that in construing this IGA no covenants shall be implied between the parties except the covenants of good faith and fair dealing.
E. This IGA shall be governed by and interpreted in accordance with the laws of the State of Oregon.
F. Each party shall take from time to time, for no additional consideration, such actions and execute such instruments as may be reasonably necessary or convenient to implement and carry out the intent and purpose of this IGA.
G. Each and every power and remedy specifically given to the non-defaulting parties shall be in addition to every other power and remedy now or hereafter available at law or in equity (including the right to specific performance), and each and every power and remedy may be exercised from time to time and as often and in such order as may deemed expedient. All such powers and remedies shall be cumulative, and the exercise of one shall not be deemed a waiver of the right to exercise any other or others. No delay or omission in the exercise of any such power or remedy and no renewal or extension of any payments due under this IGA shall impair such power or remedy or shall be construed to be a waiver of any default.
H. The provisions of this IGA shall survive its termination to the full extent necessary for their enforcement and the protection of the party in whose favor they run.
I. This IGA shall bind and inure to the benefit of the parties and their successors and assigns.
J. A material consideration of the parties entering into this IGA is that parties will make all payments as and when due and will perform all other obligations under this IGA in a timely manner. Time is of the essence of each and every provision of this IGA.
K. This IGA may be executed in counterparts, all of which taken together shall constitute a single Agreement.
L. This IGA shall not be construed to create a partnership between the parties or to authorize any party to act as agent for any other party or parties except as expressly provided in this IGA.
M. This IGA, including all attached exhibits, contains the entire and final understanding of the parties relating to the imposition of a vehicle registration fee for County residents. This IGA may only be amended by the mutual agreement of the parties.
N. In the event a dispute arises concerning this Agreement, the County and the above-named parties to the Agreement agree that the dispute shall initially be referred to the County Chief Financial Officer or designees. If negotiation does not resolve the dispute, the County and the named parties to this Agreement agree that the dispute shall be submitted to mediation. The mediator will be selected by mutual agreement, and will be compensated equally by the disputing parties. If the parties fail to agree on a mediator within 10 days of written notice by either party to the other requesting mediation, then each party shall appoint a representative who has been qualified as a mediator in Oregon. The representatives shall choose a mediator who shall serve as the mediator in the dispute.
O. The parties recognize that this Agreement may not address all details that might arise in during the term of this Agreement. Each party shall negotiate in good faith such additional details and all additional agreements shall be memorialized in writing.
MULTNOMAH COUNTY CITY OF PORTLAND
By By
Title: Chair Title: Mayor
WASHINGTON COUNTY CITY OF GRESHAM
By By
Title: Title: Mayor
CLACKAMAS COUNTY CITY OF MAYWOOD PARK
By By
Title: Title: Mayor
CITY OF WOOD VILLAGE CITY OF TROUTDALE
By By
Title: Mayor Title: Mayor
CITY OF FAIRVIEW CITY OF LAKE OSWEGO
By By
Title: Mayor Title: Mayor
METRO TRIMET
By By
Title: Title:
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