Ord 2086 - Agmt MWVCOG
.
COUNCIL BILL NO. 1393
ORDINANCE NO. 2086
AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT RE-
CHARTERING THE MID-WILLAMETTE VALLEY COUNCIL OF GOVERNMENTS AND
DECLARING AN EMERGENCY.
WHEREAS, the City of Woodburn has been a member of the Mid-Willamette
Valley Council of Governments (MWVCOG); and
WHEREAS, the member governments of MWVCOG desire to revise and reform
the Charter and Agreement by which the MWVCOG is created; and
WHEREAS, ORS 190.085 requires that prior to the effective date of an
intergovernmental agreement creating an intergovernmental entity, each of the parties
to the agreement shall enact an ordinance ratifying the creation of the
intergovernmental entity; NOW, THEREFORE.
THE CITY OF WOODBURN ORDAINS AS FOLLOWS:
Section 1. That it is the intent of the City Council of the City of Woodburn to
create, along with the other parties to the agreement, an intergovernmental entity
known as the Mid-Willamette Valley Council of Governments.
Section 2. That the effective date of the Agreement, specification of public
purposes for which the MWVCOG is created, and the powers, duties and functions
of the MWVCOG are as stated in the Agreement attached hereto as Exhibit "A" and,
by this reference, incorporated herein.
Section 3. That the said Agreement is hereby ratified and the Mayor and
Recorder are hereby authorized and directed to sign the same on behalf of the City of
Woodburn.
Section 4. This ordinance being necessary for the immediate preservation of
the public peace, health and safety, so that the attached Charter and Agreement can
take effect upon execution by the parties, an emergency is declared to exist and this
ordinance shall take effect immediately upon passage by the Council and approval by
the Mayor.
Approved as to form~~
(JI2 d/J
City Attorney
6-2-12-
Date
Page 1 -
COUNCIL BILL NO. 1393
ORDINANCE NO. 2086
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Recorder
ATTEST: r4e~ f~
Mary enn t, City Recorder
City of Woodburn, Oregon
Page 2 -
COUNCIL BILL NO. 1393
ORDINANCE NO. 2086
_.._"~-~.....--"-~,.
APPROVED:
.~
1m rJ uJ ~
FRED W. KYSER, OR
June 8, 1992
June 9, 1992
June 9, 1992
June 9, 1992
-...,
Exhibit "A"
Page 1 of 13
PROPOSED AGREEMENT
OF
MID-WILLAMETTE VALLEY
COUNCIL OF GOVERNMENTS
May, 1992
....,
Exhibit "A"
Page 2 of 13
CONTENTS
Citation .......................................................... 1
II Authority .........................................................1
III Definitions ........................................................ 1
IV Nature of Agreement. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . 2
V Establishment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
VI Purpose . . . .. . .. . .. . .. . . .. .. . .. . .. . . . .. .. . .. . . . . .. . .. . .. .. .. .. . . . . 3
VII Functions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
VIII Powers. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
IX Membership . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
X Meetings ......................................................... 7
XI Procedures and Voting ............................................... 7
XII Permanent Committees. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
XIII Expenses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
XIV Duration and Termination ..................................-........... 9
xv Amendments .................................................... 10
'"
Exhibit" A"
Page 3 of 13
AGREEMENT
MID--WILLAMETIE VALLEY COUNCIL OF GOVERNMENTS
1
2
This Agreement is made and entered Into this _ day of
, 1992, by and between
3 the undersigned governmental bodies.
4 CITATION
5 The MId-Willamette Valley of Oregon Is faced with numerous problems resulting from rapid
6 urbanization, Including problems of health, education, safety, economics, transportation, recreation, culture,
7 multiplicity of govemments, budget restraints, coordination of programs, environmental quality, community
8 appearance and well being. These problems wUl Increase In complexity and intensity as the population
9 increases. So that the solution of these problems may be prepared and planned through a rational
10 democratic process, the affected governmental units Join in voluntary cooperation, and for this purpose they
11 make this Agreement.
12 II
AUTHORITY
13 This Agreement is established under the authority of the following Oregon Statutes:
14 ORS 190.01 0 which authorizes local governments to form intergovernmental entities which are public
15 bodies of the State of Oregon.
16 ORS 190.030 which provides that any agency established under the authority of ORS 190.010 is
17 vested with all powers, rights, duties, and functions therefore existing by law In separate agencies, pertaining
18 to functions and activities.
19 ORS 190.085 which requires that any participant In an Intergovernmental agreement creating a
20 separate entity ratify its participation by legislative act of Its governing body.
21 ORS 190.110 which authorizes public corporations, political subdivisions, and state agencies to
22 cooperate.
23 III
DEFINITIONS
24
1.
" Agreement" shall mean the Agreement ofthe Mid-Willamette Valley Council of Governments
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Exhibit "A"
Page 4 of 13
1 by which this document Is titled.
2
2.
"Council" or "Council of Governments" shall mean the Mld-Willamette Valley Council of
3 Governments established by this Agreement.
4
3.
"Mid-Willamette Valley" shall mean the area within Marion, Polk and Yamhlll Counties.
"Member governrnent" shall mean a govemment which is a party to this Agreement or which
5
4.
6 becomes a member as provided in Article IX.
7 IV
NATURE OF AGREEMENT
8
1.
The parties to this Agreement recognize the need to inform each other of proposals, plans,
9 developments and operations of significance which have regional impact. Members should bring all such
10 proposals, plans, developments, and operations to the attention of the Council for its study and
11 recommendation as the members may deem desirable.
12
2.
This organization is based on the principle of the sovereign equality of all its members within
13 the Council.
14
3.
The parties to this Agreement recognize that the well being of each of the constituent
15 political jurisdictions Is dependent upon the sound growth and development of the entire Mid- Wlllamette
16 Valley.
17
4.
Nothing contained In this Agreement shall authorize the Council to Intervene In matters
18 which are essentially within the domestic jurisdiction of any member without its consent.
19
5.
This Agreement and all actions of the Council shall be within the framework of the laws of
20 the State of Oregon and its subdMslons.
21
6.
The actions of any committee or group authorized by this Agreement are of an advisory
22 nature and not binding on any member of the Council without the member's approval except with respect
23 to the Council's own Internal administrative matters, and actions taken by the CouncU In furtherance of a
24 legal obligation.
25
7.
All members, in order to insure to each of them the rights and benefits resulting from
26 membership, shall fulfill in good faith the obligations assumed by them in accordance with this Agreement.
2
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Exhibit "A"
Page 5 of 13
1
v
ESTABUSHMENT
2 This Agreement supersedes the Charter and Agreement of the Mid Willamette Valley Council of
3 Govemments adopted January 1, 1975, which Agreement shall be terminated by the mutual consent of the
4 parties upon the adoption of this Agreement. The Council established by this Agreement shall assume all
5 obligations, functions and authority heretofore vested in or assumed by the Mid-Willamette Valley Council
6 of Govemments.
7 The history of this organization follows: On July 25, 1967 the Mid-Willamette Valley Council of
8 Govemments replaced the Mid Willamette Valley Planning CouncU organized on July 26, 1957, and the Mid
9 Willamette Valley of Oregon Compact of Voluntary Intergovemmental Cooperation adopted December 23,
to 1959. The Charter and Agreement of the CouncU of Govemments was amended on August 10, 1971, and
lIon January 1, 1975.
12 VI
PURPOSE
13
The purposes of this Agreement are:
14
1.
To enable the elected officials of the member govemments to jointly identify Issues and
15 needs which are regional in scope; achieve concurrence for cooperative actions; plan and recommend
16 govemmental action in areas of intergovernmental concem such as, health, safety, welfare and growth.
17
2.
To assure, through cooperation and the pooling of common resources, maximum efficiency
18 and economy in govemmental operations which will provide every citizen with the utmost value for every
19 tax dollar.
20
3.
To attain the greatest degree of intergovemmental cooperation possible in the Mid-
21 Willamette Valley In order to foresee and prevent the problems created by urban growth and change in this
22 region.
23
4.
To develop among the several govemmental units the ultimate in communication and
24 understanding while effecting cooperation and coordination of services, programs and facilities.
25 VII
FUNCTIONS
26
The Council's primary functions shall be:
3
".,
Exhibit "A"
Page 6 of 13
1
1.
To facilitate intergovernmental communication and issue resolution for member
2 governments.
3
2.
To provide technical and administrative support services to member governments.
4
3.
To Initiate, conduct, or cause to be conducted, studies of regional problems.
5
4.
To recommend action by public and private agencies for purposes of solving or alleviating
6 regional problems.
7
5.
To conduct and administer programs which, by law, must be administered by a regional
8 agency, or at the request of the member government or governments who would otherwise be responsible
9 for their administration.
10
6.
To contract or subcontract with public and private agencies for performance of the foregoing
11 functions.
12 VIII
POWERS
13
The Council shall have the power:
14
1.
To enter into agreements with the United States of America, State of Oregon or any
15 subdivision or agency or any municipal corporation for the purpose of obtaining financial aid or other
16 participation in attaining the objectives and purposes of the Council.
17 2. To enter into contractual relationships with private agencies or firms for terms not to exceed
18 five years. Notwithstanding the foregoing limitation the Council may enter into real property lease
19 agreements for terms not exceeding 20 years.
20
3.
To establish an office and sutHlffices as needed.
21
4.
To adopt a budget indicating the expenditures of the Council and recommending the
22 amount of financial participation by each member government.
23
5.
To designate one or more member governments as service agents, for provision of financial,
24 purchasing, personnel, legal and other auxiliary services to the Council and which shall account to the
25 Council.
26
6.
To appoint an Executive Director and assign duties, responsibilities and authorities.
4
"
Exhibit "A"
Page 7 of 13
1
7.
To appoint advisory committees to assist in carrying out its functions and duties.
2
8.
To exercise any and all powers and functions authorized by law for an intergovemmental
3 entity, including the powers conferred by ORS 190.080.
4
9.
Such other powers as are necessary to enable the CouncU to carry out Its functions and
5 duties or which are Implied by this Agreement.
6 IX
MEMBERSHIP
7
1.
The membership of the Council shall consist of the signatories of this Agreement and any
8 incorporated city, special district, or other legally established govemmental entity In Marion County, Polk
9 County, or Yamhnl County which may become a member as herein provided. Continued m,embership in
10 good standing, induding the right to vote and participate In CouncU programs and services, shall be
11 conditioned upon being current in payment of membership fees as set under this Agreement.
12 Membership may be attained by legally established governmental entities governed by officials
13 directly elected by the people by:
14
(a)
Entering Into a written declaration of unconditional acceptance of obligations under this
15 Agreement in a form approved by the CouncU; and
16
(b)
Adopting an ordinance or other legislative act ratifying its participation In the CouncU as
17 provided In ORS 190.085; and
18
(c)
Providing a portion of the finances necessary to defray the expenses of the Council as
19 provided In Article XIII of this Agreement, which portion shall be established annually by the Council prior
20 to the approval of Individual government budgets by governing bodies of member governments and
21 governments seeking membership In the Council.
22 Membership In the Council of Governrnents shall not conStitute voting membership except as
23 provided below in Section 2, Artide IX, of this Agreement.
24
2.
The voting membership of the Council, the authorized representatives of which may also
25 be referred to as the "Board of Directors" of the Council, shall consist of the chief elected officials
26 representing the current membership of the Council as follows:
5
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1
(a)
(b)
(c)
(d)
(e)
2
3
4
5
6
7
(f)
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
.....
Exhibit "A"
Page 8 of 13
Marien County.
(1 vote)
(1 vote)
Polk County.
YamhiU County.
(1 vote)
City of Salem.
(1 vote)
The two most populous cities (exduding Salem) of each county, each to
have 1 vote.
(6 votes)
One additional city representative for each county selected by separate
annual caucuses of the mayors of members cities of each county
(excepting the two largest cities of the county and Salem).
(3 Votes)
(g)
A chair of a Fire or Water District of the tri-{;()unty area selected by annual
caucus of the chairs of member fire and water districts.
(1 vote)
(h)
A chair of an Education Service District selected by annual caucus of the chairs of
ESD boards te represent all member school districts of the tri-county area, except
Salem/Keizer School District
(1 vote)
(i)
Salem/Keizer School District.
(I vote)
OJ
(k)
The Salem Area Mass Transit District
(1 vote)
A chair of a soU and water conservation district, water control district, irrigation
district, drainage district, .or other legally established gevemmentaJ entity concerned
with conservation of natural resources shall be selected by annual caucus of three
representatives (one frem each member county) who were selected by the
aforementioned member districts in each county.
(1 vote)
(1 vote)
0)
Chemeketa Community College District.
TOTAL
(19 votes)
3.
The Executive Director .of the Council of Governments shall be responsible for calling
25 annual caucuses of member governments fer selection .of voting representatives, and shall provide written
26 notice te the affected member gevernments in advance of each caucus.
6
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Exhibit "A"
Page 9 of 13
1
4.
If a jurisdiction named above In Section 2 of this Artide as a voting member chooses not
2 to participate in the Council of Governments, its seat shall be left vacant.
3 X
MEETINGS
4
1.
The Council Board of Directors shall meet at times to be set by the Council and at such
5 other times as the Chair may direct
6
2.
The Executive Committee shall meet at the call of the Chair and at such other times as a
7 majority of the members of the Committee may call.
8
3.
Annually the Chair shall call a general meeting at which meeting the Council shall review
9 the status of the region with respect to all regional matters with which it is concerned.
10 XI
PROCEDURES AND VOTING
11
1.
The Council shall elect a chair, vice chair, and such other officers as it may desire.
12
2.
Each voting member of the CouncU shail have one vote.
13
3.
A quorum of the Board of Directors or Executive Committee shall be 51 % of its members.
14
4.
Decisions of the CouncU on procedures to be followed by the CouncU with regard to the
15 conduct of its business shall be made by an affirmative majority vote.
16
5.
Decisions of the CouncU which involve agreements between member governments shall
17 require a majority vote, Induding an affirmative vote by members who represent the affected government
18 or governments.
19
6.
Every member when a question is taken shall vote unless a majority of the Council for
20 special reasons shall excuse said person, but no member shall be permitted to vote on any subject in which
21 he or she has a conflict of Interest.
22
7.
The duties of the Council's officers shall be as follows and such other duties as the Board
23 shall direct:
24
a.
Chair
25
To call meetings of the Board of Directors and the Executive Committee.
26
(1)
(2)
To chair meetings of the Board of Directors and the Executive Committee.
7
_..._- '"'-_.,.._..,_.._-,._--_._-,_._~-------'
.,
Exhibit "A"
Page 10 of 13
1
(3)
The chair shall have a vote In the proceedings of the Board of Directors and
2 Executive Committee.
3
b.
Vice Chair
4
(1)
To call meetings of the Board of Directors and the Executive Committee In the
5 absence of the Chair.
6
(2)
When the Chair is unavailable for a considerable length of time or the urgency of
7 an Issue requires action of the Executive Committee, the Vice Chair may call a meeting of the Executive
8 Committee at the request of the Director or two members of the Executive Committee.
9
c.
Third Member of Executive Committee
10
(1)
To consider and vote on actions placed before the Executive Committee and to
11 participate in all matters brought before the Executive Committee.
12
d.
immediate Past Chair
13
(1)
To consider and vote on actions placed before the Executive Committee and to
14 participate in all matters brought before the Executive Committee.
15
(2)
To assist and advise the Executive Committee, and particular1y the Chair, as to the
16 motivation and concepts of the prior year's leadership of the Council of Governments on key issues and
17 procedural matters.
18 XII
PERMANENT COMMITTEES
19
1.
There Is hereby established an Executive Committee which shall consist of the Council Chair
20 and Vice Chair and one other member of the Council's Board of Directors appointed by the Chair. Not more
21 than two of these three members may represent Jurisdictions In Salem and Marion County. The immediate
22 past chair, if still in elected office, shall also serve in a voting position on the Executive Committee.
23 The functions of the Executive Committee shall be:
24
a.
To consult wtth the Director of the Council and provide direction to him between the regular
25 meetings of the Council's Board of Directors.
26
b.
To prepare operational guidelines for the Executive Director.
8
....
Exhibit "Au
Page 11 of 13
1
c.
To review all proposals for initiation of new programs by the Council of Governments and
2 to prepare a statement of the Impact of said programs for the consideration of the Board of Directors of the
3 Council.
4
2.
There Is hereby established a Budget Committee which shall consist of six members
5 including three members of the Board of Directors and three lay citizens appointed by the Board of Directors
6 representing the major services and programs of the Council of Govemments.
7
a.
The Budget Committee shall perform the requirements of law, especially ORS 294.
8
b.
The Executive Director shall serve as Budget Officer and shall assist the Budget Committee.
9 XIII
EXPENSES
10 The expenses of the Council shall be shared and defrayed by the governments represented by its
11 members In proportion and relation to the benefrts derived by each government. Prior to the approval of
12 their individual government's budgets by the governing bodies of the member govemments, the Council
13 shall recommend a Council budget for the ensuing fiscal period. Each local government member shall
14 appropriate in its budget and contribute its share of the expenses of the Council in accordance with the
15 budget approved by the Council to the extent that revenues are available therefore insofar as each
16 government member is concerned. The Executive Committee shall recommend a participation cost structure
17 to the Council annually, no later than March, so that the Council may recommend these costs to the
18 member governments.
19 XIV
DURATION AND TERMINATION
20 This Agreement shall continue and remain in full force and the Council shall not be dissolved unless
21 by a majority vote of the entities constituting the participating members; provided, however, that any such
22 dissolution shall not become effective until such time as any contracts to which the Council is a party have
23 been fully performed or are no longer in effect. In the event of such dissolution all assets on hand shall be
24 distributed to the member governments in proportion to their contributions for the purchase of such assets.
25 Any member government may withdraw as a participating member In the Council under this
26 Agreement at the termination of the fiscal year by notifying the Board of Directors of the Council at least six
9
,~.,\
Exhibit.. A U
Page 12 of 13
months prior to the end of the fiscal year of its intention to so withdraw.
2 In the event of withdrawal by a member govemmern. the Council shall determine the portion of the
3 Council's assets, If any, to which the withdrawing government shall be entitled. Any indebtedness incurred
4 by the Council on behalf of a government which is withdrawing shall remain an obligation of that government
5 provided that such indebtedness received the affirmative vote of the government on behalf of which the
6 indebtedness was incurred at the time the obligation was incurred, and is evidenced by written agreement
7 or memorandum.
8 XV
AMENDMENTS
9
This Agreement may be amended by unanimous vote of the member governments.
10
IN WITNESS WHEREOF, the parties to this Agreement have caused these articles to be executed
by their authorized officer or representative as of the day and year first above written.
10
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Exhibit I'\u
Page 13 of 13
PLEASE USE BLACK INK. THE SIGNATURE BLOCK WILL BE REPRODUCED.
CITY OF WOODBURN
.,1~0__~
Attest i1 O~ ~
Recorder
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