71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
Enrolled
House Bill 3355
Sponsored by Representative PATRIDGE
CHAPTER ................
AN ACT
Relating to intergovernmental road maintenance agreements.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + (1) The Legislative Assembly declares that it
is the public policy of the State of Oregon to promote
cooperation between the Department of Transportation and counties
on road maintenance projects when it results in an overall
benefit to the public. Monetary savings that result from the
cooperative efforts shall primarily be retained by the counties
and the division of the department that enters into the
agreement. The participants should endeavor to cooperate
regardless of the proportion of benefit to either party.
(2) A county and the Department of Transportation or a division
of the department may establish an intergovernmental road
maintenance agreement that will govern the maintenance of state
highways and county roads within the county or other areas
described by the agreement or of a particular road project. The
agreement must be ratified by the governing body of the county
and the Director of Transportation. An agreement under this
section shall require highways and roads to be maintained in
accordance with standards mutually established by the Oregon
Transportation Commission and the county governing body.
(3) All employees and managers of the department and the county
who will perform road maintenance activities described in the
agreement or who will be involved in the road project described
in the agreement must be given a reasonable opportunity to
participate with the department and the counties in establishing
the terms and provisions of the agreement.
(4) Nothing in this section or in the agreement affects title
to or ownership of state highways or county roads.
(5) The agreement must:
(a) Provide for the use of state and county road maintenance
equipment and facilities by the participants.
(b) Recognize an agreement between either participant and a
state or federal agency established to protect the environment.
The intergovernmental road maintenance agreement should contain
references to applicable provisions that implement procedures and
specifications contained in the agreement between either
participant and the agency.
(c) Establish a procedure, consistent with appropriate
collective bargaining agreements, to ensure that employees of the
department and the county are properly supervised.
Enrolled House Bill 3355 (HB 3355-B) Page 1
(d) Establish a procedure to determine which maintenance
methods will be used by the participants.
(e) Establish a procedure to account for changes in operating
costs due to the establishment of the agreement and to allocate
increased costs or distribute cost savings between the county and
the department.
(f) Establish a formula, adjustment factor or procedure for the
equitable adjustment and comparison of the maintenance and
equipment use rates required of the department under federal law
and the maintenance and equipment use rates employed by the
county.
(g) Authorize the participants to use either the procurement
procedures applicable to the department or the procurement
procedures applicable to the county as long as the procurement
procedures include adequate safeguards fostering competition and
are consistent with ORS 279.005 and 279.007. + }
SECTION 2. { + If the Attorney General advises the Department
of Transportation under ORS 180.060 about a matter related to an
intergovernmental road maintenance agreement described in section
1 of this 2001 Act or represents the department in an action
related to the agreement, the Attorney General shall:
(1) Recognize that the agreement is a cooperative effort
between the department and the counties, entered into for the
overall benefit to the public and the mutual benefit of the state
and the counties; and
(2) Prefer and encourage, when possible, mutually agreeable
resolution of legal issues through further cooperation or
alternative dispute resolution to achieve an overall benefit to
the public. + }
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Passed by House May 15, 2001
Repassed by House June 5, 2001
...........................................................
Chief Clerk of House
...........................................................
Speaker of House
Passed by Senate June 1, 2001
...........................................................
President of Senate
Enrolled House Bill 3355 (HB 3355-B) Page 2
Received by Governor:
......M.,............., 2001
Approved:
......M.,............., 2001
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2001
...........................................................
Secretary of State
Enrolled House Bill 3355 (HB 3355-B) Page 3