2002-1231-Ordinance No. 2002-034 Recorded 10/4/2002REVIEWED
LEGAL COUNSEL
REV D
CODE RE MMITTEE
DESCHUTES
RECORDS
MARYSUE PENHOLLOW, COUNTY CLERK
CJ LUY�-1131
COMMISSIONERS' JOURNAL ,
1010412402 08,38,09 AM
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Amending Deschutes County Code
2.60, Ratifying an Intergovernmental Agreement * ORDINANCE NO. 2002-034
Establishing the Bend Metropolitan Planning
Organization as an Intergovernmental Entity and
Declaring an Emergency.
WHEREAS, because the population of the City of Bend exceeds 50,000 people according to the 2000
Census, 49 U.S.C. 5303 and Oregon Transportation Plan Policy 4J require the formation of a Metropolitan
Planning Organization ("MPO") to coordinate transportation decision-making processes for the Bend
Metropolitan Area (See Exhibit A, attached and incorporated by reference); and,
WHEREAS, the formation of the MPO is required in order for the City of Bend ("City") and Deschutes
County ("County") to receive federal and state highway funds for the Bend Metropolitan Area; and,
WHEREAS, representatives of the affected jurisdictions of the City, County and Oregon Department of
Transportation ("ODOT") have met regularly for nine months as a committee to discuss formation issues and
draft the intergovernmental agreement ("IGA") between these jurisdictions which will form the Bend
Metropolitan Planning Organization; and,
WHEREAS, the Board of County Commissioners ("Board") agrees that the IGA drafted by the
committee is in the best interest of the County; and,
WHEREAS, ORS 190.085 requires local governments to ratify the creation of
intergovernmental entities through intergovernmental agreements via ordinances prior to the effective
date of such agreements; now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS
as follows:
Section 1. The Board hereby declares an intent to create an intergovernmental entity by
intergovernmental agreement with the City and ODOT.
Section 2. The intergovernmental entity shall be known as the Bend Metropolitan Planning
Organization (`BMPO").
Section 3. The IGA, attached as Exhibit B and incorporated by reference, which describes the powers,
duties and functions of the BMPO, is hereby ratified.
Section 4. According to the terms of the IGA, the BMPO shall be formed and the IGA
effective upon the ratification of that IGA by the Board, the Bend City Council, and ODOT.
PAGE 1 OF 2 - ORDINANCE NO. 2002-034 (10/02/2002)
Section 5. AMENDMENT. DCC 2.60 is amended to read as described in Exhibit "C," attached hereto
and by this reference incorporated herein, with new language underlined and language to be deleted in
stt4ket4eugl3.
Section 6. EMERGENCY. This Ordinance being necessary for the immediate preservation of the
public peace, health and safety, an emergency is declared to exist, and this Ordinance takes effect on its passage.
DATED this 'day of 0&61321� 12002.
BOARD OF COUNTY COMMISSI NERS
OF DESCHUTES COUNTY, O N
TOM EWOLF, Chair
DENNIS R. LUKE, Commissioner
MI HAEL M. DALY, ommissioner
Date of 1St Reading: (--W day of ()(!h�e/1, 2002.
Date of 2nd Reading: P J!�J day of C&ft&42002.
Record of Adoption Vote
Commissioner Yes No
Tom DeWolf
Dennis R. Luke
Michael M. Daly
Abstained Excused
Effective date: t''-� y day of MC6V`&L-,L002.
ATTEST:
Recording Secretary
PAGE 2 OF 2 - ORDINANCE NO. 2002-034 (10/02/2002)
FORMATION OF THE BEND AREA
METROPOLITAN PLANNING ORGANIZATION
A Report to Stakeholders and Other Interested Parties
1. Introduction
On May 1, 2002, the United States Census Bureau released its list of newly designated
urbanized areas. In Oregon, the Bend area and the Corvallis area were identified as newly
designated urbanized areas. As such, these communities will be required by federal
regulations to form Metropolitan Planning Organizations (MPOs) to coordinate regional
transportation planning.
This report has been prepared by the City of Bend to provide local elected officials, staff and
other interested parties with information related to the roles and responsibilities of a MPO
and the issues associated with the formation and operation of a MPO. The City of Bend has
been working closely with the City of Corvallis in examining and planning for the MPO
formation process, and Bend and Corvallis area officials have met with representatives from
ODOT, federal agencies, and the Governor's office to discuss the MPO process. Other
sources of information for this report include previous analyses conducted by the cities of
Bend and Corvallis regarding MPOs, review of federal and state regulations and
publications, discussions with state and federal agency staff, and consultation with existing
and emerging MPOs from the region and across the nation.
2. Overview of a Metropolitan Planning Organization
A Metropolitan Planning Organization (MPO) is a planning and policy-making agency
responsible for regional transportation planning. MPOs receive and administer
transportation planning funds from the Federal Highway Administration (FHWA) and the
Federal Transit Administration (FTA). The MPO system was created to ensure that
expenditures for transportation projects in metropolitan areas are based on a
Comprehensive, Cooperative and Continuing planning process. This is known as the 3-C
planning process.
Federal legislation requires that a MPO be formed for any urbanized area with a population
of at least 50,000 and densities of at least 1,000 people per square mile in contiguous
census blocks. Federal regulations also require that MPOs include representatives from
local governments and t"ranspiration:agencies within the urbanized area.
3. MPO Boundaries
MPO boundaries are based on urbanized area boundaries. A MPO must include the
urbanized area (as designated by the Census Bureau) and the contiguous area expected to
become urbanized within the next 20 years. On May 1, 2002, the Bend area was officially
designated as an urbanized area by the Census Bureau. ODOT has prepared a map
MPO Report 1 Ex. A to Ordinance - June 13, 2002
2002-034, Pg. 1 of 11
showing the boundaries of the Bend urbanized area which includes most of the City of Bend,
plus Deschutes River Woods and a few other areas outside of Bend. The local jurisdictions
that will be included in the Bend area MPO will be the City of Bend and Deschutes County.
4. Key Areas of Responsibility
MPO responsibilities and work programs are directed by a myriad of federal and state
legislation and regulations which change over time. However, the U.S. Department of
Transportation has identified five core functions of a MPO. These five functions are
summarized below:
• To establish a setting in which to undertake effective decision-making processes
regarding transportation in the metropolitan area.
• To evaluate transportation alternatives that are realistic and scaled to address the
needs of the metropolitan area.
• To develop and maintain a long range transportation plan for the metropolitan area
which covers a twenty (20) year planning horizon.
• To develop a Transportation Improvement Program (TIP) which establishes a
blueprint for the use of transportation resources to meet the capital and operating
needs of the MPO.
• To involve the public in the transportation planning process for the MPO.
The State of Oregon has also established requirements pertaining to the responsibilities of
MPOs. Most significant is the requirement that a Transportation System Plan (TSP) address
the reduction of vehicle miles traveled (VMT) and the number of parking spaces within the
MPO. -
Finally, many MPOs are designated as air quality non -attainment areas, which creates
additional requirements for transportation planning. The operating assumption is that the
Bend area is an attainment area and therefore, not subject to the additional requirements.
5. MPO Designation Process
Once a community is designated by the Census as an urbanized area, the Governor and
local officials have twelve (12) months to establish a MPO. The Oregon Department of
Transportation (ODOT) has identified the following major steps in the MPO designation
process.
The cities of Bend and Corvallis receive official designation as urbanized areas based
on the 2000 census [the new urbanized area designations were released by the
Census on May 1, 2002]. ? .
A Coordinating Committee is formed which includes local governments representing at
least 75% of the population of the urbanized area [the Bend area MPO Coordinating
Committee was formed on April 12, 2002].
The Coordinating Committee works with the State of Oregon to establish:
o the specific boundaries of the MPO,
MPO Report 2 Ex. A to Ordinance June 13, 2002
2002-034, Pg. 2 of 11
o the MPOs organizational structure and associated agreements and bylaws, and
o the agency designated to staff the MPO and receive the MPO funds.
• The Governor designates new MPO(s) and submits a letter to the Federal Highway
Administration (FHWA) and Federal Transit Administration (FTA) for acceptance.
• The MPO develops a United Planning Work Program (UPWP), as described in
Section 5 of this report.
• FHWA, FTA and ODOT review the draft UPWP.
• Oregon Transportation Commission (OTC) approves MPO funding.
• ODOT/MPO funding agreements are executed.
ODOT has also provided a timeline for the transition process which targets November 2002
as the time when the Governor will officially designate new MPOs in the state of Oregon,
and July 2003 as the time when new MPOs receive approval to spend federal dollars.
ODOT staff has indicated that this timeframe may be accelerated if requested by an
emerging MPO.
6. Required MPO Work Products
Federal MPO requirements identify three major work products that must be completed as
part of the MPO planning process. These are described below:
• Unified Planning Work Program (UPWP)
The UPWP is a one-year plan that identifies transportation studies and other work tasks
that will be undertaken in the annual work program. This document includes:
➢ all federally funded studies as well as relevant state and locally funded planning
activities,
➢ estimated costs of each task and funding sources, and
➢ a work program schedule and identification of responsibility for each task.
Long Range Transportation Plan
The Long Range Plan is a 20 -year plan that addresses how the metropolitan area plans
to invest in an integrated transportation system. The Plan must be updated on a
regular basis. Required elements of the plan include:
➢ a determination of transportation needs for a 20 year planning horizon,
➢ a focus on an integrated transportation system including roads, transit systems,
bicycle and pedestrian movement and intermodal connections,
➢ identification of policies, strategies and prgjects for the future, and
➢ a financial plan that estimates costs and iddhtifies resource needs to carry out
the plan.
• Transportation Improvement Program (TIP)
The TIP is a project priority list for a two-year timeframe. Once approved, the TIP is
forwarded to ODOT for inclusion in the State TIP (STIP). The TIP must:
MPO Report 3 Ex. A to Ordinance June 13, 2002
2002-034, Pg. 3 of 11
➢ include project descriptions, estimated costs and sources of funding. The State
must provide the MPO with estimates of available federal and state funds,
➢ be realistic and not a "wish list" of projects, and
➢ be updated every two years:
In addition to the above requirements, the MPO is also required to ensure that all activities
include a public involvement process that encourages the participation of transportation
stakeholders and the general public.
Additional work required by federal and state regulations will be undertaken as necessary
and identified in the annual UPWP. In particular, the MPO requirements outlined in the
Oregon Transportation Rule (TPR) will have a significant impact on the MPO work program
(as outlined below).
• Oregon Transportation Planning Rule (TPR)
The Oregon TPR was enacted to implement Statewide Planning Goal 12 (Oregon's
statewide transportation planning goal). A major thrust of the TPR is to reduce
reliance on the automobile, thereby addressing air pollution and traffic congestion.
The TPR has several provisions which pertain to MPOs, including the requirement that
each MPO enact programs and regulations, through the direction of a TSP, that result
in a 5% reduction in Vehicle Miles Traveled (VMT) and a 10% reduction in the number
of parking spaces per capita (over a 20 year period).
The TPR requires that within each -MPO, a regional TSP be completed first, followed --
by the development of local TSPs (which must be consistent with the regional TSP)
and implementing measures. The TPR also requires newly formed MPOs to complete
a regional plan within three (3) years of designation as a MPO.
Deschutes County currently has a locally approved TSP and the City of Bend will have
a locally approved TSP by the end of 2002.
7. MPO Funding
MPO funding is somewhat complex. The following summarizes the ways in which FHWA
and FTA funds are allocated to MPOs, the estimated amount the Bend area MPO can
expect to receive in the upcoming federal fiscal year, and the responsibilities of MPOs with
regard to the development of TIPs.
MPO Planning Funds
;t
Federal MPO funding comes from the Federal Highway .Administration (FHWA) and Federal
Transit Administration (FTA). FWHA and FTA allocate the MPO funds to ODOT, which then
distributes the funds to the individual MPOs. The amount of funds each MPO receives is
determined by federal formulas and by agreement among the state's MPOs and ODOT. For
both FHWA Planning (Pt_) funds and FTA (Section 5303) funds, the funding amount is
established by determining a base amount and then applying and adjustment factor.
Ex. A to Ordinance
MPO Report 4 June 13, 2002
2002-034, Pg. 4 of 11
The FHWA requires a 10.27% match for PL funding. In the past, ODOT has provided the
match for areas outside the Portland Metro area, and it has indicated that it will continue to
provide the PL funding match for FY 2003. FTA planning funds require a 20% match that
must be provided by the local MPO.
ODOT has provided an estimate of PL and FTA planning allocations for existing and
emerging Oregon MPOs for FY 2003. The estimate is based on current formulas and on the
FY 2002 statewide MPO funding allocation of $1,635,927. The information indicates that
Bend and Corvallis areas, as emerging MPOs with similar populations, would each receive
the following funds:
It should be noted that these projected funding amounts are estimates and that they may
change based on the amount of federal funds available to Oregon and the distribution
formula that is developed by ODOT and Oregon MPOs. It is safe to assume, however, that
the MPO work program should be designed around an annual budget of approximately
$140,000 in federal funds and matching dollars.
This amount could be supplemented through the successful pursuit of state or federal
discretionary grants, or through local contributions by member agencies. For example, the
Rogue Valley MPOs work program for FY 2002-03 shows about $19,000 in MPO dues from
members. The emerging Wenatchee, Washington area MPO is planning on generating
about $75,000 in dues from its member.jurisdictions.
Funding for Transit Operations
Transit funding in Bend will change with the urbanized area designation and MPO formation.
The City currently receives federal grant funding for capital and operating expenses through
the FTA Sections 5310 and 5311 grants.
As a MPO, the urban area will become eligible to receive FTA Section 5307 funds, which are
intended to assist transit providers in urban areas, and`will no longer be eligible for Section
5311 funds, which assist transit providers in non -urban. and rural areas. The Section 5307
grant may provide increased funding, but it will also require greater administration costs.
Transportation Project Funding
Through the development of the Long Range Transportation Plan and TIP, MPOs are
required to realistically assess financial resources available for transportation programs.
This is referred to as a "financially constrained" TIP.
Ex A of Ordinance
MPO Report 5 5 of 11 June 13, 2002
2002-034, Pg.
Federal $
State Match
Local Match
Total
PL Funds
$105,156
$12,036
$0
$117,192
FTA Planning
$20,000
$0
$5,000
$25,000
Totals
$125,156
$12,036
$5,000
$142,192
It should be noted that these projected funding amounts are estimates and that they may
change based on the amount of federal funds available to Oregon and the distribution
formula that is developed by ODOT and Oregon MPOs. It is safe to assume, however, that
the MPO work program should be designed around an annual budget of approximately
$140,000 in federal funds and matching dollars.
This amount could be supplemented through the successful pursuit of state or federal
discretionary grants, or through local contributions by member agencies. For example, the
Rogue Valley MPOs work program for FY 2002-03 shows about $19,000 in MPO dues from
members. The emerging Wenatchee, Washington area MPO is planning on generating
about $75,000 in dues from its member.jurisdictions.
Funding for Transit Operations
Transit funding in Bend will change with the urbanized area designation and MPO formation.
The City currently receives federal grant funding for capital and operating expenses through
the FTA Sections 5310 and 5311 grants.
As a MPO, the urban area will become eligible to receive FTA Section 5307 funds, which are
intended to assist transit providers in urban areas, and`will no longer be eligible for Section
5311 funds, which assist transit providers in non -urban. and rural areas. The Section 5307
grant may provide increased funding, but it will also require greater administration costs.
Transportation Project Funding
Through the development of the Long Range Transportation Plan and TIP, MPOs are
required to realistically assess financial resources available for transportation programs.
This is referred to as a "financially constrained" TIP.
Ex A of Ordinance
MPO Report 5 5 of 11 June 13, 2002
2002-034, Pg.
Federal regulations require that MPOs and the State cooperatively develop an estimate of
funds available for plan implementation. In Oregon, this has been done through a joint MPO
and ODOT committee which publishes a document that contains estimates of revenue from
state and federal resources including State Highway Revenues, Federal -Aid Highway
Reserve and various FTA funding sources. MPOs are responsible for developing
assumptions about the availability of local revenues to support transportation projects.
To be determined:
• Will local member jurisdictions be asked to contribute dues?
• If so, how will the amount be determined? Will the City and County
contribute equal amounts? Will the apportionment be linked to the make-
up of the Policy Committee? Some other arrangement?
8. Transportation Planning Coordination
The MPO planning process is based on the coordination of local government and major
transportation providers within the urbanized area, and on a close working relationship with
state and federal transportation agencies.
Area Commissions on Transportation (ACTs) are relatively new entities in Oregon
transportation planning. The Central Oregon ACT is responsible for coordinating
transportation programs in the three -county region of Crook County, Deschutes County, and
Jefferson County, a much larger area than the emerging Bend area MPO. The ACT is
staffed by the Central Oregon Intergovernmental Council, and includes elected officials and
staff representing a broad range of rural and urban interests characteristic of the region.
Although the geographic areas and planning requirements differ, it will be important for the
MPO and the ACT to communicate, cooperate and coordinate activities as appropriate to
ensure the integration and optimum efficiency of the metropolitan and regional transportation
planning programs.
9. Financial Management, Certifications/Assurances
The State of Oregon, as grantee of federal funds, is responsible for certifying that each MPO
has the capacity from a legal, financial and technical standpoint to carry out the MPO work
program. MPOs must provide annual self -certification statements which address a series of
items ranging from the organization framework to compliance with federal laws such as the
Civil Rights Act and the Americans with Disabilities Act.
The MPO is responsible for maintenance of all financial records, supporting documentation
and other records. The MPO also has the responsibility of procurement and management of
all contracts associated with the MPO work program.
10. MPO Organizational Structure
While federal guidelines do not specifically regulate the structure or membership
composition of MPOs, they do set forth certain minimum requirements. The following
MPO Report 6 Ex -.A to Ordinance June 13, 2002
2002-034, Pg. 6 of 11
outlines the proposed structure and membership composition for the Bend area MPO, based
on federal requirements and recommendations from ODOT.
Creating the MPO Entity
While MPO entities can be formed a number of ways, the most common approach is through
the establishment of an intergovernmental agreement (IGA) among the participating
agencies. The State of Oregon has established regulations pertaining to the powers and
responsibilities of entities formed through IGAs. According to these regulations,
intergovernmental agreements must address shared responsibilities (such as financial
resources, real and personal property, personnel management, and term of the agreement),
and entities formed through IGAs can employ agents and employees, enter into contracts,
administer grants, own facilities and equipment, and incur debt including the issuance of
revenue bonds.
The MPO Coordinating Committee has authorized City of Bend staff to
move forward with the creation of an intergovernmental agreement for
the Bend area MPO. The MPO will be formed through agreement
between the City of Bend, Deschutes County and the Governor.
Governance of a MPO
Federal regulations require that each MPO form a Metropolitan Planning Policy Committee
which fulfills the governance and policy-making role for the MPO. The Policy Committee
must include — at a minimum — an elected official from each local government, an official
from the local transit agency, and an official from the local ODOT region. ODOT has also
identified several other optional Policy Committee members which may or may not have
voting privileges.
While some policy committees have equal local government representation regardless of the
size of each jurisdiction's population, others have representation that is weighted according
to the local government's relative share of the urbanized area's population.
The Policy Committee structure approved by the MPO Coordinating
Committee is based on weighted representation. Each jurisdiction will
have one representative on the MPO Policy Committee for each 15,000
people that live within the MPO boundary. The Policy Committee will
be structured as follows:
3 elected officials from the City of Bend (one of whom sits on
the board of COACT) "
1 elected official from Deschutes County
1 representative from ODOT (Region ;'4)
Tied to issue of Policy Committee representation is the issue of financial responsibility. If a
local match and/or local dues are necessary to support the MPO, it is logical to assume that
this apportionment would be linked to the make-up of the Policy Committee.
MPO Report 7 Ex. A to Ordinance June 13, 2002
2002-034, Pg. 7 of 11
Although a Technical Advisory Committee (TAC) is not required by federal MPO regulations,
ODOT strongly recommends that a TAC be formed to advise MPO staff and the Policy
Committee in the preparation of transportation plans and programs. ODOT recommends
that the TAC include, at a minimum, -,a technical staff person from each local government, a
technical staff person from the local or regional transit provider, and a staff person from the
local ODOT region. Other interests that may be represented on the TAC include as bicycle
and pedestrian advocacy groups, freight and rail providers, airports, universities and school
districts, regional groups such as the Area Commission on Transportation (ACT), and the
state.
The Coordinating Committee, in conjunction with City of Bend staff, has
developed the following structure for the Technical Advisory Committee:
Members
• City of Bend Public Transit Manager, City of Bend
• 2 additional City staff members
• 1 County staff member
• 1 staff person from ODOT (Region 4)
• 1 staff person from Central Oregon Community College
• 1 staff person from Bend-LaPine School District
• 1 staff person from Central Oregon Intergovernmental Council
(preferably the person who staffs COACT)
• 1 representative from Commute Options for Central Oregon
• 1 representative from the Deschutes County Bicycle/Pedestrian
Advisory Committee
Ex -officio members to include officials from:
• Federal Highway Administration
9 Oregon Department of Land Conservation and Development
• Oregon Department of Environmental Quality
Finally, as previously noted, public participation is a key responsibility of a MPO. Some
MPOs have formed standing citizen advisory committees (CAC) which represent a broad
range of citizen interests as well as more specific stakeholders. Others engage the public
through direct community outreach and through interaction with established citizen bodies
such as planning commissions, bicycle/pedestrian committees, and business groups. The
decision as to whether to form a standing CAC should be based on a review of the public
involvement alternatives and the staff capacity to support a third MPO standing committee.
The ways in which the Bend area MPO will engage the public in its planning
processes (i.e., whether a CAC will be formed and how other citizen bodies
will be involved) will be decided by the Policy Committee once this body is
formed.
�Ex. A to Ordinance
MPO Report 8 2002-034, Pg. 8 of 11 June 13, 2002
11. MPO Staffing
There are several options for providing staff support to a MPO. These include:
• The MPO hires staff directly.
The MPO contracts with a member agency (the City of Bend or Deschutes County) to
provide staff support.
The MPO contracts with a non-member agency (e.g., the Central Oregon
Intergovernmental Council) to provide staff support.
While all of these options are widely used across the nation, MPOs with smaller populations
(and fewer federal resources) tend to either secure staffing services from a member agency
or to contract with a council of governments (COG) or a regional planning agency. Larger
MPOs are more likely to be independent agencies with staff dedicated exclusively to the
MPO. The regional COGs are the designated MPO staffing entities in the Medford, Salem
and Eugene -Springfield areas in Oregon. Metro is the designated MPO for the Oregon
portion of the Portland -Vancouver urbanized area.
Because the City of Bend will form the large majority of the Bend area MPO, the
City of Bend will staff the MPO.
Staffing levels will need to be planned so as not to exceed available resources. Assuming
that PL and FTA planning funds, along with the local and state match, amount to
approximately $140,000, staff resources will be limited. Many MPOs with limited resources
contract for some project related services and/or have one or more staff designated as part
- time. - -_
,.To be determined:
• How many full and/or part-time positions will be created to staff the
MPO?
• Or will MPO planning be absorbed by existing staff?
• How will these positions be funded? Will these expenditures be applied
as a local match? As an additional local contribution? Will the County
contribute any of the staff costs?
12. Key Observations
Based on the research to date and discussions with the City of Corvallis, state, and federal
officials, the following factors have been and will continue to be considered as the City of
Bend and Deschutes County proceed with the formation of the Bend area MPO.
Resources will be limited
Projected federal and state funding amounts will dictate that MPO activities will
need to be limited in scope and focused on ensuring that the basic federal and state
planning requirements are met. This means limited staffing, efficient operating
budgets and strategic work programs.
Ex. A to Ordinance
MPO Report 9 2002-034, Pg. 9 of 11 June 13, 2002
• Interim planning funds are not available.
There will be costs incurred in the formation of the Bend area MPO. This includes
staff time of the member jurisdictions and the legal costs associated with forming
the MPO entity. Based on discussions with ODOT, FHWA, and FTA staff, there is
no state or federal funding available to assist with this process.
Existing local transportation planning efforts can be built upon.
With the existence of the TPR, Oregon has been ahead of many other states in
requiring transportation plans at the local level. The City of Bend is nearing
completion of its TSP, and Deschutes County has had a TSP in place since 1997.
These previous efforts will provide a good foundation for the MPO work program.
• Existing staff capacity can be built upon.
The Bend area MPO also has the opportunity to take advantage of existing staff
resources. This includes planning and transportation engineering staff at both the
City of Bend and Deschutes County.
The MPO process should be kept simple.
Because of the financial and staffing constraints that will be faced by the Bend area
MPO, the structure and work programs of the MPO should be kept simple and
streamlined to the greatest extent possible. For example, federal representatives
have indicated that an incremental approach to the completion of the MPOs
Transportation Plan (e.g., packaging the current TSPs) is acceptable in the short
term. In addition, the decisions regarding the number and scope of advisory
committees should -be made with sensitivity'to the budget and staffing constraints.
Organizational flexibility should be built into the MPO structure and by-laws.
It would be appropriate, especially after the formation of a new MPO, to formally
evaluate the program after a period of time. The organizational structure should be
designed to allow for future adjustments in areas such as committee representation
and staffing resources.
Opportunities for coordination in the MPO process should be pursued.
In addition to the local jurisdictions that make up the MPO, local institutions and
business interests should be invited to participate. Coordination on a regional scale
is also important and should be pursued through cooperation and communication
with regional agencies that engage in transportation planning.
MPO Report 10 Ex. A to Ordinance June 13, 2002
2002-034, Pg. 10 of 11
Bend Urban Area
1 0.5 0 1 Miles
I_R OOOT TPAU 05/31/02
N
A
Highways
City Limits
,V= Rend UA
Ex. A to Ordinance
2002-034, Pg. 11 of 11
REVIEWED
LEGAL COUNSEL
For Recording Stamp Only
INTERGOVERNMENTAL COOPERATIVE AGREEMENT ESTABLISHING THE
BEND METROPOLITAN PLANNING ORGANIZATION
This agreement is between the. City of Bend ("City"), Deschutes County ("County"),
and the Oregon Department of Transportation, by and through the Oregon transportation
Commission ("ODOT"). City, County and ODOT may be referred to in this
intergovernmental agreement ("IGA") as "member units."
Introduction By the authority granted in ORS 190.110 and 283.110, state agencies
may enter into agreements with units of local government or other state agencies for
the performance of any or all functions and activities that parties to the agreement,
its officers, or agents have the authority to perform. Pursuant to this statute, an
intergovernmental entity is hereby created by this agreement, to be called the Bend
Metropolitan Planning Organization ("BMPO") located at 710 NW Wall Street, Bend,
Oregon 97701. This agreement shall be governed and construed in accordance with
the laws of the State of Oregon. "Exhibit A" outlines and further describes the
governance structure of the BMPO.
2. Purpose
2.1 The purpose of the BMPO is to carry out planning, coordination and
integration of activities necessary to maintain a comprehensive, cooperative,
and continuing multi -agency transportation planning program; and further,
as specified by the Policy Board of the BMPO, carry out other related specific
tasks including implementation thereof.
2.2 The BMPO will establish a setting in which to undertake effective decision-
making processes regarding transportation in the metropolitan area; evaluate
transportation alternatives that are realistic and scaled to address the needs
of the metropolitan area; develop and maintain a long range transportation
plan for the metropolitan area which covers a 20 year planning horizon; and
develop a Transportation Improvement Program ("TIP") which establishes a
blueprint for the use of transportation resources to meet the capital and
operating needs of the BMPO.
2.3 The BMPO will promote public participation in the decision making process
through public meetings. The BMPO will exercise leadership and initiative in
planning and assisting development of efficient, integrated transportation
system facilities in the Bend area.
Ex. B to Ordinance
2002-034, Pg. 1 of 19
3.
11
2.4 The area within the BMPO includes the urban area as defined by the 2000
U.S. census plus all area within the Urban Growth Boundary and other
additional areas that may be annexed to accommodate expected growth and
anticipated development for the next twenty years. The areas included outside
of the Urban Growth Boundary can be described as Deschutes River Woods to
the South, the Woodside Ranch area, an area East of the UGB from Stevens
Road to Hwy 20, an area East of the UGB from Neff to Butler Market Road,
the Bend Pine nursery area, an area along Hwy 97 north of the UGB and the
area located NE of the UGB that the City is considering annexing. Based
upon the 2000 census count, this area qualifies as a U.S. Census designated
Urban Area.
Governing Body of BMPO
3.1 Policy Board The Policy Board of BMPO shall consist of representatives
appointed by the governing body of each member agency to this
Intergovernmental Agreement based upon a formula of one (1) representative
per each 15,000 people with a minimum of 1 representative for each agency.
The three agencies represented on the Policy Board are the three major
transportation providers within the geographical boundaries that form the
BMPO. As future major transportation providers form, such as a Transit
District, they shall be added to the Policy Board. Based on this formula, the
representatives are as follows:
Jurisdiction Policy Board Members
City of Bend 3 (1 of whom is a City Council member appointed to COACT)
Deschutes County 1 (a County Commissioner appointed to COACT)
ODOT 1
Total 5
3.2 Appointment of each Policy Board Member shall be for a period of one year.
Each member of the Policy Board shall hold office until the member unit he or
she represents appoints a successor. Policy Board members may be re-
appointed by the governing body of the member unit that appointed that
Policy Board Member. A Policy Board Member need not be a member of the
governing body of the member unit that appointed the Policy Board Member.
Policy Board Members, Terms of Office, Officers and Meetings
4.1 The Policy Board of the BMPO shall elect the following officers at its first
meeting of the calendar year to serve for that year: Chair and Vice Chair. In
the absence of the Chair, or upon her/his inability to act or serve, the Vice
Chair shall have the powers of the Chair. The Chair and Vice Chair will serve
without compensation and shall serve for a period of one year, renewable.
Drafted 07/02/02
Page 2
'ti. -B to Ordinance
2002-034, Pg. 2 of 19
4.2 The Policy Board shall be responsible for the management, supervision, policy
and direction of all programs, functions and activities established and
operated under BMPO. Also at the first meeting of each calendar year, the
Policy Board shall designate an Administrative Officer who shall account for
the financial matters of BMPO and handle other necessary administrative
functions.
4.3 Any member who has three (3) consecutively unexcused absences from Policy
Board meetings may be removed by the member unit appointing such
member.
4.4 A vacancy on the Policy Board shall be filled by the member unit that
appointed the member who created the vacancy.
4.5 The first meeting of the Policy Board shall be on the first Monday following the
effective date of approval of this agreement by all member units. Thereafter,
regular meetings of the Policy Board shall be held at such time and place as
shall be determined by the Policy Board. Special meetings of the Policy Board
may be called by the Chair. All Policy Board members are entitled to notice.
No action may be taken unless all Policy Board members are given notice.
Notice of meetings may be given telephonically or by other means of electronic
communication.
4.6 The Policy Board may meet telephonically or by other means of electronic
communication.
4.7 The Policy Board shall follow the Public Meeting Laws of Oregon.
4.8 BMPO business may not be conducted without representation at the Policy
Board meeting by at least one Policy Board Member from each of the three
BMPO member units.
4.9 Any conflict of interest must be stated prior to discussion of that particular
agenda item.
4.10 A consensus of all three agencies will constitute passage. This means that a
majority of the three Bend representatives must support any given decision
item, as well as each of the other agencies.
4.11 The Administrative Officer shall provide a financial report at each monthly
meeting and an annual report at the August meeting for the previous fiscal
year. The monthly report shall include a list of expenditures the payment of
which shall be approved by the Policy Board, and the balance of all depository
accounts.
4.12 The decision making process outlined in this IGA has been designed to be
consistent in structure with those of the City of Bend and Deschutes County.
Drafted 07/02/02
Page 3 Ex. B to Ordinance
2002-034, Pg. 3 of 19
5. Bylaws The Policy Board may adopt bylaws to establish procedures for
management of the BMPO, if the Policy Board finds that bylaws would be conducive
towards the furtherance of BMPO business.
6. Powers and Responsibilities of BMPO
6.1 The BMPO Policy Board is responsible for all actions, agreements, and
functions to be carried out by the Bend Metropolitan Planning Organization.
To this end, the BMPO may:
6.1.1 Serve in a review capacity to insure that all federal and state assisted
development projects are consistent with integrated regional
transportation plans and programs;
6.1.2 Accept contributions and grants-in-aid;
6.1.3 Contract with the Federal Government for planning assistance and
other transportation -related planning projects, products, and services;
6.1.4 Contract for the provision and receipt of planning or associated
products or services;
6.1.5 Administer grants, Planning Funds (Federal Highway Administration
"FHWA" funds) and Section 5303 Funds (Federal Transit
Administration "FTA" funds);
6.1.6 Own property, facilities and equipment;
6.1.7 Incur debt, subject to Oregon Constitution Article II, Sections 9 and 10;
6.1.8 Issue bonds;
6.1.9 Maintain financial records, supporting documentation for financial
records and records relating to procurement and management of
contracts for implementation of its work plan;
6.1.10Take such other and further actions as are reasonably necessary to
carry out its responsibilities.
6.2 The BMPO is responsible for development of the following essential products:
6.2.1 Regional Transportation Plan;
6.2.2 Transportation System Plan;
6.2.3 Long Range Transportation Plan;
6.2.4 Transportation Improvement Program, fiscally constrained;
6.2.5 Title VI Civil Rights Review;
Drafted 07/02/02
Page 4 Ex. B to Ordinance
2002-034, Pg. 4 of 19
6.2.6 Unified Planning Work Program ("UPWP") /Budget;
6.2.7 Transportation Improvement Program ("TIP") the program that
establishes a blueprint for the use of transportation resources to meet
the capital and operating needs of the BMPO;
6.2.8 Audit of BMPO activities; and
6.2.9 Other products deemed essential may be authorized by the Policy Board
as specified in the UPWP.
7. Technical Advisory Committee ("TAC")
7.1 The BMPO shall have a Technical Advisory Committee ("TAC"). The
membership of the TAC has been selected to include agencies within the
BMPO that are impacted by the decisions and that have significant
contributions to the BMPO. The TAC is composed of technical and/or
managerial staff representatives from each of the participating agencies. In
addition, there may be one or more ex -officio non-voting representative each
from the FHWA and the FTA. Each ex -officio non-voting member must be
approved by the agency he/she represents.
7.2 As future major transportation providers form, such as a Transit District, they
shall be added to the TAC. In addition, a representative from any technical
subcommittee or advisory group that is formed shall have a seat on the TAC.
Policy Board directive may also add additional positions (as members or as ex -
officio members) to the TAC, such as a citizen representative, a business
representative, a freight stakeholder, and/or citizen groups.
7.3 The TAC has authority and primary responsibility to conduct technical
reviews and analyses regarding all work activities of the UPWP, and any
related issues as specified by the BMPO Policy Board and to so advise the
Policy Board on appropriate actions to be taken. The TAC works closely with
the BMPO staff, providing guidance and direction for development of the
annual UPWP/Budget and work activities defined therein.
Drafted 07/02/02 —
Page 5 Ex. B to Ordinance
2002-034, Pg. 5 of 19
7.4 TAC Membership
7.4.1 Voting membership on the BMPO TAC shall be as follows:
City of Bend - Three (3) positions: (to be named by City Council)
Deschutes County - One (1) position (to be named by County Board of
Commissioners):
ODOT - One (1) position: Region 4 Coordinator or designee
COIC - One (1) position: (to be named by governing body)
COACT - One (1) position: (to be named by governing body)
COCC - One (1) position: (to be named by governing body)
Commute Options - One (1) position: (to be named by governing body)
Deschutes County Bike/Pedestrian Advisory Committee - One (1)
position: (to be named by governing body)
Bend-LaPine School District - One (1) position: (to be named by
governing body)
7.4.2 Ex -Officio Members on the BMPO TAC shall be as follows:
Federal Highway Administration
Federal Transit Administration
Oregon Department of Land Conservation and Development
Oregon Department of Environmental Quality
The person in each of the positions under Section 7.4.2 may, by a
written statement to the Chairs of the Policy Board and the TAC,
designate a regular alternate. Non -regular alternates (i.e. for a
particular meeting) must be declared when the meeting is called to
order.
7.4.3 Organization of management of the TAC shall be according to bylaws
adopted by the TAC and approved by the BMPO Policy Board.
Drafted 07/02/02 _
Page 6 Ex B to Ordinance
2002-034, Pg. 6 of 19
8. BMPO Finances
8.1 The fiscal year for the BMPO shall commence on July 1 of each year.
8.2 The BMPO shall have the power to receive funds from any public or private
source including, but not limited to, the federal, state and local governments,
voluntary associations, non-profit corporations, firms, partnerships, or person
or any combination thereof, bequests, donations, devices, grants and gifts of
all kinds of property.
8.3 The BMPO Policy Board Chair shall call for an annual audit of the financial
affairs of the BMPO to be made by a certified public accountant selected by
the members of the BMPO Policy Board at the end of each federal fiscal year.
The audit is a public record, and shall be made available to all BMPO
members.
9. Formation of Committees
9.1 The BMPO Policy Board, as deemed necessary, may create special BMPO
committees. A special committee may be either an ad hoc committee for a
specific work task or a standing committee for one or more work tasks. Any
such special committee will be responsible to the BMPO Policy Board.
9.2 At the direction of respectively the Chairs of the Policy Board and the TAC,
subcommittees may be formed to investigate a particular work task or issues
relevant to the BMPO.
9.3 The BMPO Policy Board shall define the duties, and authorize the power of all
special committees. Special committees shall follow parliamentary procedures
as defined in this agreement for the Policy Board and TAC. Special
committees, unless membership consists exclusively of employees of the
member jurisdictions, shall observe the Public Meeting Laws of Oregon.
9.4 The BMPO Policy Board and/or the TAC shall determine membership on a
special committee. The BMPO Policy Board and/or the TAC may appoint, at
its discretion, any individual it deems qualified to serve on a special
committee.
Drafted 07/02/02
Page 7 Ex B of Ordinance
2002-034, Pg. 7 of 19
10. BMPO Staff
10.1 The BMPO will remain a separate entity from its member units with a
separate budget, its own governing body and separate operating principles as
outlined in this IGA.
10.2 The BMPO may contract for support staff or hire staff as necessary, including
legal counsel. The BMPO staff consists of an Executive Director and
supporting staff personnel. The Executive Director of the BMPO shall report
directly to and take direction from the BMPO Policy Board. Supporting staff
personnel shall report directly to and take direction from the Executive
Director.
10.3 The BMPO Policy Board will be responsible for preparing a Request for
Proposals for staffing of the MPO. The Policy Board will also be responsible
for developing the evaluation criteria for the proposals, rating the proposals,
selecting the successful candidate, and awarding the contract. The RFP shall
request, and the successful proposal must include, a description of how
autonomy will be retained, including descriptions of where the agency will be
housed, who will staff the agency, and whether there will be any overlap with
member jurisdictions regarding employee responsibilities. The RFP and
selection process shall begin after the Policy Board is formed in January 2003
and shall be completed prior to the start of the BMPO's first fiscal year on
July 1, 2003.
10.4 BMPO member units may donate personnel to serve as staff to the BMPO,
subject to the provisions of Section 12.
11. No Joint and Several Liability
11.1 Member units are not jointly and severally liable with other member units for
any tort (as defined by ORS 30.260(8)) committed by an elected or appointed
official, employee or agent of such unit acting in connection with this
agreement.
11.2 Nothing in this agreement shall be construed to increase tort liability that any
member unit would otherwise have under Oregon Law.
11.3 Obligations of BMPO arising from contractor quasi contract shall be the
obligations of BMPO alone, and member units are not jointly and severally
liable for such obligations, unless one or more of the member units agree(s),
in writing, to individually guarantee performance of a specific obligation.
Drafted 07/02/02
Page 8 Ex. B to Ordinance
2002-034, Pg. 9 of 19
12. Employment Liabilities. Each member unit shall be responsible for any and all
claims arising from its respective employer/ employee relationships with respect to
any donated employee of the member unit during any time that the employee of the
member unit is working on BMPO matters. For the purpose of this agreement,
elected and appointed public officials are included in the employer/ employee
relationship. Examples of the employer/ employee relationship include selection,
termination, discipline, benefits and equal employment opportunity issues. Each
member unit shall provide its own Workers' Compensation coverage as provided by
law with respect to any employee of the member unit during any time that the
employee of the member unit is working on BMPO matters.
13. Effectiveness. Duration. Termination and Withdrawal
13.1 This agreement and the formation of BMPO shall be effective upon the
adoption by ordinance of this agreement by the City and County, and by
ODOT upon adoption by the Oregon Transportation Commission.
13.2 This agreement shall be perpetual unless terminated by agreement of the
member units.
Drafted 07/02/02
Page 9 Ex. B to Ordinance
2002-034, Pg. 9 of 19
On the Oregon Transportation Commission approved this
agreement. At that time they authorized the Deputy director, Transportation Development
Division to execute this agreement.
Dated:
CITY OF BEND
By:
Title: Bill Friedman, Mayor
For Recommended Approval:
By:
Title: Mark Devoney, ODOT Region 4
DESCHUTES COUNTY
By:
Title: Dennis Luke, County Commissioner
By:
Title: Mike Daly, County Commissioner
By:
Title: Tom DeWolf, County Commissioner
STATE OF OREGON,
By and through its Department of Transportation
Title: Deputy Director, Transportation Development
Approved for ODOT for Legal Sufficiency
Bv:
Assistant Attorney General
Drafted 07/02/02 _
Page 10 Ex. B to Ordinance
2002-034, Pg. 10 of 19
Exhibit A September 21, 2002
Governance and Structure of the
Bend Metropolitan Planning Organization
The following outlines the governance, structure, and membership composition of the BMPO.
The structure of the BMPO has been designed by the BMPO Coordinating Committee
according to federal requirements and recommendations from ODOT.
Maintaining Autonomy
The structure of the BMPO has been designed so that it operates as a separate entity from any
of its member agencies and so that no single member agency dominates the organization's
decision-making processes. The Intergovernmental Agreement (IGA) explicitly states that the
BMPO will remain a separate entity from its member units with a separate budget, its own
governing body, and separate operating principles. The IGA also specifies that the Policy
Board will make all decisions by consensus of the participating agencies, and that no decisions
will be made without representation from all member agencies.
Decision -Making
The decision-making process outlined in the IGA has been designed to foster consensus and
cooperation among member units. The BMPO's IGA specifies that no decisions shall be made
by the Policy Board without representation from all member jurisdictions. In addition, all
decisions by the Board shall be made by consensus of the participating agencies. Consensus
of the participating agencies refers to consensus among the ODOT representative, the County
representative, and at least two of the three Bend representatives.
Governance
The BMPO Policy Board will fulfill the governance and policy-making function for the
organization. Representation on the Policy Board will be based on population. Each local
jurisdiction will have one representative on the Policy Board for every 15,000 people that live
within the portion of its land use planning jurisdiction that falls within the BMPO boundary, with
a minimum of one representative per jurisdiction. (The City of Bend has approximately 55,000
people living within the portion of its land use planning jurisdiction that falls within the BMPO
boundary; Deschutes County has less than 10,000 people living within the portion of its land
use planning jurisdiction that falls within the BMPO boundary). ODOT will have one
representative on the Policy Board. As future major transportation providers form, such as a
Transit District, they will be added to the Policy Board as well.
Based on the above formula, the Policy Board will be structured as follows:
• 3 elected officials from the City of Bend (one of whom sits on the board of COACT)
• 1 elected official from Deschutes County (who sits on the board of COACT)
• 1 representative from ODOT (Region 4)
Committee Structure
The BMPO will be assisted by a Technical Advisory Committee (TAC) which will advise BMPO
staff and the Policy Board in the preparation of transportation plans and programs. The TAC
will have authority and primary responsibility to conduct technical reviews and analysis
Ex. B to Ordinance
2002-034, Pg. 11 of 19
Exhibit A
September 21, 2002
regarding all work activities of the BMPO and to advise the Board on appropriate actions to be
taken, working closely with BMPO staff, and providing guidance and direction in the
development of BMPO work products.
The TAC will be composed of technical and/or managerial staff representatives from each of
the participating agencies. The TAC will also include representation from other agencies and
organizations that deal with transportation issues (such as education providers, regional
government, state government, and non-profit organizations), as well as agencies that have
expertise in the areas of economic development, land use, and environmental issues.
The TAC will be structured as follows:
Members
• City of Bend - Public Transit Manager
• City of Bend - two additional positions
• Deschutes County — one position
• ODOT (Region 4) — one position
• Central Oregon Intergovernmental Council — one position
• Central Oregon Area Commission on Transportation — one position
• Central Oregon Community College —one position
• Commute Options for Central Oregon — one position
• Deschutes Bicycle/Pedestrian Advisory Committee — one position
• Bend-LaPine School District — one position
Ex -officio members
• Federal Highway Administration — one position
• Federal Transit Administration — one position
• Oregon Department of Land Conservation and Development — one position
• Oregon Department of Environmental Quality — one position
As future major transportation providers form, such as a Transit District, they shall be added to
the TAC. In addition, a representative from any technical subcommittee or advisory group that
is formed shall have a seat on the TAC. Policy Board directive may also add additional
positions (as members or as ex -officio members) to the TAC, such as a citizen representative,
a business representative, a freight stakeholder, and/or citizen groups.
Technical Subcommittees
The Deschutes County Bicycle/Pedestrian Advisory Committee will function as a technical
subcommittee to the TAC, advising and reporting to the Committee on bicycle and pedestrian
issues in the MPO area. Due to staffing and budget constraints in the first year, no additional
technical subcommittees will be formed. After the first year of operation, the Policy Board will
determine if additional technical subcommittees are needed and if the resources exist to staff
these additional committees.
A diagram and a table representing the BMPO committee structure, a table representing the
required and optional stakeholders (prepared by ODOT), and a proposed committee structures
table (prepared by ODOT) are attached.
Relationship with COACT
The BMPO Coordinating Committee has determined that coordinating and cooperating with
COACT will be a key component to effective transportation planning by the BMPO. Formal
Ex. B to Ordinance
2002-034, Pg. 12 of 19
Exhibit A
September 21, 2002
links with COACT will be established through representation on the Policy Board and the TAC.
The BMPO IGA specifies that one of the elected officials representing the City of Bend on the
BMPO Policy Board, and the Deschutes County representative on the BMPO Policy Board,
shall also sit on the COACT Board. The Coordinating Committee has also resolved to request
that the COIC seat on the TAC be filled by the person serving as staff support to COACT. In
addition, the Coordinating Committee has resolved that the BMPO will keep COACT fully
informed about its activities (by providing COACT with all Policy Board and TAC meeting
agendas and minutes), will allow COACT to comment on key planning documents, and will
coordinate with COACT in the development of priority transportation projects for submission to
the STIP.
Boundaries
The boundaries of the BMPO have been determined by consensus by the members of the
Coordinating Committee. The area within the BMPO includes the urbanized area as defined by
the 2000 US census, all of the area within the Urban Growth Boundary (UGB), the area north of
town that the City intends to annex, and areas along the eastern edge of the UGB. In addition
to the urbanized area, the BMPO encompass the land that will be available for development
over the next 20 years, as well as some areas along the eastern edge of the UBG that have
been included in order to smooth the boundary.
Staffing
The BMPO staff will consist of an Executive Director and supporting staff personnel. In the first
year of operation, the BMPO will plan for 1.5 FTEs. Based on examination of other MPOs of
similar size, this appears to be the minimum number of staff needed to operate the MPO and to
complete the required planning products. The IGA specifies that the BMPO may contract for
staff services and participating agencies may donate personnel to serve as staff to the BMPO.
BMPO personnel policies will be outlined in the bylaws adopted by the BMPO Policy Board.
Adoption Process for Transportation Planning Products
The BMPO Coordinating Committee designed the adoption process for transportation planning
products to be consistent with member agencies' processes for adopting key work products.
The process involves the following: staff prepares a document, the TAC reviews the draft and
provides comments, the Policy Board reviews the document and provides comments, and the
Policy Board holds a hearing to receive public comment. The document is then sent to the
FHWA, the FTA, and ODOT for review and comments, before being adopted by the BMPO
Policy Board. After each review and comment period, staff will revise the document where
appropriate and necessary.
This process is consistent with the practices of both the City of Bend and Deschutes County,
and offers opportunities for individuals and agencies that are involved with the BMPO, as well
as the public, to provide input into the development of key plans and other work products. This
process pertains to the development of Regional Transportation Plans, Transportation System
Plans, Long Range Transportation Plans, Transportation Improvement Programs, Title VI Civil
Rights Reviews, Unified Planning Work Programs, Budgets, Audits of BMPO Activities, and
other products authorized by the Policy Board and specified in the UPWPs.
A diagram representing the BMPO's adoption process for transportation planning products is
attached.
Ex. B to Ordinance
2002-034, Pg. 13 of 19
Exhibit A
September 21, 2002
Committee Structure Diagram for the
Bend Metropolitan Planning Organization
MPO Policy
Committee
Technical
Advisory
Committee (TAC)
Technical
Subcommittees*
• Bike/Ped Advisory Committee
• Goods Movement Advisory Committee**
• Others as needed (to be determined by
Policy Board)
(Chairs to serve as reps on TAC)
* Technical Subcommittees other than the Bike/Ped Advisory Committee to be determined by the
Policy Board.
** A Goods Movement Advisory Committee (GMAC) would include representatives of freight
carriers, airports, ports and also local businesses that ship and/or receive freight.
Ex. B to Ordinance
2002-034, Pg. 14 of 19
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Ex. B to Ordinance
2002-034, Pg. 17 of 19
Exhibit A
September 21, 2002
Bend Metropolitan Planning Organization
Adoption Process for Transportation Planning Documents
BMPO staff drafts
document
BMPO Technical Advisory
Committee reviews draft
document
BMPO Policy Board reviews
document
BMPO Policy Board holds
public hearing on draft
document
FHWA & FTA & ODOT review
draft document
BMPO Policy Board adopts
document
The above process applies to the adoption by the BMPO of the following planning documents:
Regional Transportation Plan, Transportation System Plan, Long Range Transportation Plan,
Transportation Improvement Programs, Title VI Civil Rights Review, Unified Planning Work Program,
Budget, Audit of BMPO Activities, other products authorized by the Policy Board and specified in the
Unified Planning Work Program.
Ex. B to Ordinance
2002-034, Pg. 18 of 19
September 24, 2002
Office of the Governor
State of Oregon
State Capitol Building
900 Court Street NE
Salem, OR 97301-4047
To the Office of the Governor:
Please find enclosed the application materials for the Governor's designation of the Bend Metropolitan
Planning Organization (BMPO). We are pleased to have the opportunity to embark upon this exciting venture,
and we look forward to getting the BMPO up and running.
Planning for the formation of the BMPO has been carried out by the BMPO Coordinating Committee, a
committee composed of elected officials and staff from the participating agencies.
The formation process has been a highly successful inter -agency planning effort. Throughout the process, the
goal of the Coordinating Committee has been inclusiveness, communication, coordination, and cooperation.
Member agencies have worked exceedingly well together, jointly planning the entire process and making all
decisions by consensus. The legal counsels of both the City and the County have assisted with the
preparation and review of the IGA, and staff from both organizations have contributed time and energy into
research and development of all documents.
In addition, in order to foster regional coordination, the elected officials on the Committee have also
represented their jurisdictions on the Central Oregon Area Commission on Transportation (COACT), and the
consensus -based decision-making process outlined in the IGA is modeled after that of COACT.
The members of the Coordinating Committee are identified below:
City of Bend Deschutes Countv
Bill Friedman, Mayor (COACT representative) Dennis Luke, Commissioner (COACT representative)
David Hales, City Manager Catherine Morrow, Principal Planner
Deborah McMahon, Community Development Dir. Laurie Craghead, Legal Counsel
Rick Root, Transportation Planner
Jim Forbes, Legal Counsel
Staff to the Coordinating Committee
Oregon Department of Transportation Rima Wilson, City of Bend
Mark DeVoney, Region 4 Deb Walker, City of Bend
The Coordinating Committees' priority on cooperation and consensus is reflected in the content of the
enclosed BMPO documents. The Policy Board, the Technical Advisory Committee, and the Intergovernmental
Agreement have all been designed to retain the autonomy of the BMPO, and to facilitate coordination and
cooperation among its member agencies. Formal links with COACT have been established, and a broad
diversity of agencies have been encouraged to participate.
We in Central Oregon have a history of successful consensus -based decision-making. The member agencies
of the BMPO look forward to the operation of the BMPO as an opportunity to further this tradition and to
advance comprehensive transportation planning in the region.
Sincerely,
Ex. B to Ordinance
2002-034, Pg. 19 of 19
Rima Wilson Deb Walker
Staff to the BMPO Coordinating Committee Staff to the BMPO Coordinating Committee
EXHIBIT C
Chapter 2.60. INTERGOVERNMENTAL
ENTITIES
2.60.010.
Purpose.
2.60.020.
Definition -Intergovernmental
entity.
2.60.030.
Accountable Behavioral Health
Alliance.
2.60.040.
Central Oregon Law
Enforcement Services.
2.60.010. Purpose.
The purpose of DCC 2.60 is to ratify the creation
of intergovernmental entities through
intergovernmental agreements pursuant to ORS
190.085.
(Ord. 97-039 § 1, 1997)
2.60.020. Definition -Intergovernmental
entity.
For purposes of DCC 2.60, "intergovernmental
entity" shall mean an entity created through an
intergovernmental agreement pursuant to ORS
190 governed by a board or commission
appointed by, responsible to, and acting on behalf
of the parties to the intergovernmental agreement.
(Ord. 97-039 § 1, 1997)
2.60.030. Accountable Behavioral Health
Alliance.
A. Deschutes County ratifies the creation of the
Accountable Behavioral Health Alliance
(Alliance).
B. The Alliance shall have the power to enter
into contracts, provide mental health services
under the Oregon Health Plan, provide
behavioral health services as a unified entity,
and provide all administrative services
necessary for the provision of these services.
(Ord. 97-039 § 1, 1997)
2.60.040. Central Oregon Law
Enforcement Services.
A. Deschutes County ratifies the creation of
Central Oregon Law Enforcement Services
(COLES).
B. COLES shall have the power to enter into
contracts, provide agreed upon law
enforcement services as a unified entity and
provide all administrative and support
services necessary for the provision of these
services.
(Ord. 99-002 § 1, 1999)
2.60.050. Bend Metropolian Planning
Organization.
A. Deschutes County ratifies the creation of the
Bend Metropolitan Planning Organization
BMPO .
B. The BMPO shall have the power to enter into
contract, incur debt, own property and
provide all administrative and support
services necessary for the provision of
transportation planning services for the Bend
Metropolitan Area.
(Ord. 2002-034 § 5, 2002)
Chapter 2.60 1 (10/2001)
Page 1 of 1 - EXHIBIT C to ORDINANCE 2002-034