2016-472 County Atty - Wake County, et al - Interlocal Agreement re Mutual Understanding as to the Scope and Content of the Financial Plan (not final)

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WHEREAS, Durham County, Orange County, and Wake County are organizing members of GoTriangle; and WHEREAS, GoTriangle, in accordance with its general powers set forth in N.C.G.S. Chapter 160A Article 26 and N.C.G.S. Chapter 105 Article 43 created a special tax district on behalf of Durham County and Orange County for the purpose of authorizing a referendum for the levy of a '/2 percent sales and use tax for public transportation systems; the district initially comprised the entire jurisdiction of Durham County, but was expanded on or about June 27, 2012 to include Orange County, hereinafter referred to as the "Western Triangle Tax District;" and WHEREAS, GoTriangle, as administrator of the Western Triangle Tax District pursuant to N.C.G.S. 105 -509.1 collects annual sales and use tax revenue derived from the successful Durham County and Orange County referendums to carry out the transit plans for Durham County (The Durham County Bus and Rail Investment Plan) and Orange County (The Bus and Rail Investment Plan in Orange County), hereinafter collectively referred to as the" Durham and Orange Bus and Rail Investment Plans "); and WHEREAS, GoTriangle in 2014 also created a separate special tax district on behalf of Durham and Orange counties named the "Durham- Orange Special Tax District" for the levy of a three dollar ($3.00) increase in the Annual Motor Vehicle License Tax pursuant to N.C.G.S. 105- 561; and WHEREAS, GoTriangle, in addition to the '/z percent sales and use tax collected in the Western Triangle Tax District and the $3.00 increase in motor vehicle license tax collected in the Durham - Orange Special Tax District, also collects in Wake, Durham and Orange counties vehicle rental taxes from retailers pursuant to N.C.G.S. 105 -550 et seq. and a five dollar ($5.00) motor vehicle license tax pursuant to N.C.G.S. 105 -560 et seq.; and WHEREAS, Wake County as of the date of this Agreement, has not held an advisory referendum in accordance with N.C.G.S. 105 -509 on the question of whether to levy a local one half percent (' /z %) sales and use tax in Wake County, but has expressed a desire for doing so in order to implement Wake County Transit Plan unveiled on or about December 8, 2015; and WHEREAS, Wake County has not yet authorized the levy of an additional three dollar ($3.00) increase in motor vehicle license tax collected pursuant to N.C.G.S. 105 -561 or a new seven dollar ($7.00) Wake County vehicle registration fee pursuant to N,C.G.S. 105 -570, et seq., but may contemplate doing so in the future to further fund the Wake County Transit Plan; and WHEREAS, acting on a Resolution of the Wake County Board of Commissioners dated May 2, 2016, and subject to the conditions and stipulations set forth therein, which includes execution of this Agreement by the Parties named herein, GoTriangle pursuant to N.C.G.S. 105- 508, expanded the Western Triangle Tax District on May 25, 2016 to include Wake County and filed a Resolution required for the same with the North Carolina Secretary of State, wherein the Western Triangle Tax District was renamed the "TRIANGLE TAX DISTRICT "; and