09/14/1994 - Minutes Public
INTERGOVERNMENTAL WATER JM
MEETING MINUTES
September 14, 1994
BOARD MEMBERS PRESENT: Chair Peggy Manning, Lynda Jenkins,
George Morgan, John Swartz
STAFF PRESENT: Ed Wegner, Bill Monahan, Wayne Lowry,
Randy Volk, Mike Miller
VISITORS PRESENT: Judy Fessler, Lou Anne Mortensen, Beverly
Froude, John Haunsperger, Paul Hunt, Bob
Rolf, Ken Schekla, Wendy Conover Hawley,
Gilbert Meigs (EES) , Phil Murray and
Chris Uber (MSA)
1. CALL TO ORDER
The Annual meeting of the Intergovernmental Water Board was
called to order at 6: 38 p.m.
2. ROLL CALL
Roll call was taken and all members were present with the
exception of Bill Scheiderich.
3. APPROVAL OF MINUTES
The minutes of the August 17 , 1994 , were approved as written.
4. DIVISION OF ASSETS - GIL MEIGS, EES
Gil Meigs from EES stated that EES had completed the Asset and
Liability Allocation and had made a presentation to the Tigard
Water District. Since his presentation to the TWD, there have
been some changes made to the document. Before discussing
these changes he discussed the course of study since some of
the parties present were not familiar with that.
• Used base data provided by the TWD and some by the City.
• Use as a source of information, maps of the water
distribution system.
• Audit by Coopers and Lybrand for six month period ending
12-31-93 .
• Asset evaluation study made by a Seattle based company
• Personal correspondence, both oral and written.
The guiding document for this document has been the
Intergovernmental Agreement of 12-31-93 , among the parties of
TWD, City of Tigard, City of King City, City of Durham. Asset
separation was based upon two general approaches. First was
the hydraulic facilities which include: Pipelines,
reservoirs, pumping stations, wells, water meters and
supplies. Reservoirs were allocated based jurisdictions that
were served when the supply system was inactive (reservoirs
draining) , booster pumping stations were allocated on the
basis of who was served when reservoirs called for water,
wells were allocated on the basis of jurisdictions served on
peak days. There are 4 wells, two of which are active and
produce approximately one million gallons per day. Supply
pipelines and associated pumps were allocated on the basis of
proportionate share that was given by the formula in the IGA.
The proportionate share is 17.59% TWD, 73 . 38% City of Tigard,
4 .43% City of Durham, 4.6% King City.
The distribution system allocation was based upon peak day
service and engineering. It was agreed upon with the TWD that
only lines 12" or larger would be considered shared unless
they were associated with pumping or transfer of water from
one pressure zone to another.
Pressure regulating valves were allocated to the downstream
user and all other distribution facilities were allocated by
location. There were over 2,400 items that were allocated.
Since District records were not compiled by year there are no
journals on work or costs. EES came up with a system of
computer modeling and drew every pipeline within the system,
and put an estimated cost per foot for each pipeline. The
value of the reservoirs and pumping stations, supply systems,
land, and buildings were known, then the balance of the
physical facilities were in the distribution system.
Facilities other than hydraulic were all shared according to
the IGA formula, except for the deferred compensation for
employee retirement. Since the employees were all transferred
to the City of Tigard effective 1-1-94 , all compensation went
to the City of Tigard. Assets other than hydraulic features
are personal property, rolling stock, telemetry equipment, and
cash.
After completing all manipulations, and since the last meeting
where the deferred compensation was discussed, and make the
final check of the physical facilities, EES has come up with
what the asset allocation is. Mr. Meigs provided the Board
and other visitors with some corrected pages of the report.
He stated that Table IV-2 summarizes the various assets and
shows that TWD has 21.67%, City of Tigard 69 .7%, City of
Durham with 4.04% and City of King City has 4.59%. These
figures vary slightly from the formula stated in the IGA. On
the second page of the handout it shows a comparison of the
IGA Interests to Actual Interests. Mr. Meigs stated that EES
feels that the expected outcome of the IGA has been attained.
Table V-2 the liabilities have been allocated. The
liabilities equal the assets. In order to accomplish this,
the bookkeeping entry of retained earnings were manipulated to
make the liabilities and agency equities equal to assets.
INTERGOVERNMENTAL WATER BOARD MINUTES - SEPTEMBER 14, 1994 - PAGE 2
Mr. Meigs stated that it was his understanding that retained
earnings are an item that is carried on the books so that the
assets and liabilities come out equal. The balance of the
handouts are the appendix items that have been changed since
the last meeting of the TWD.
Mr. Meigs then displayed one of the maps (over 30 in total) .
The City of Tigard furnished EES a map in computer form on
which they then super-imposed the water system piping. EES's
estimate of the piping is within 1/2% of the District's
estimation. The symbols on these maps are cross referenced
within the appendix. EES will provide maps as part of the
final report as well as all computer reports and files. This
will enable the City of Tigard to manipulate data as needed.
Discussion was held on the EES report. Chair Manning
questioned whether the age of the asset was a factor in
determining market value. Mr. Meigs stated that they did take
the age of the asset when known into consideration in
calculating. When an asset did not have a known age or cost
a common value was assigned, irrespective of the age.
Wayne Lowry stated that all of Mr. Meig's work was directed at
cost as opposed to market value. Chair Manning then
questioned page 5 where it stated "market value"? Mr. Lowry
stated that was assessed value rather than market value which
is the Assessors value of property in each of the entities.
Mr. Meigs stated that the formula in the IGA required the
recognition of water consumption. The base year was 1992/93 ,
real market value, which is the value from the Assessor, and
the number of meters are also entered into the formula. In
this report all meters were considered equal.
John Swartz discussed the value of all meters being equal, the
City of Durham is primarily residential meters and City of
Tigard has numerous business meters. Mr. Meigs stated that
there were only a small number of large meters.
Mr. Monahan arrived at meeting at 7 :10 p.m.
Chair Manning discussed the City of Durham having 8-1/2% of
the meters and the City's consumption is only 1.85% of the
usage. Mr. Meigs stated that he had not written the IGA.
Mr. Morgan stated that TWD held several meetings with Mr.
Meigs in attempting to understand the language of the IGA and
its intent and the work that EES is doing to quantify the
different elements of the system so that an allocation can be
prepared. Mr. Morgan did stated that there are some areas
splitting the asset would produce no result of significance.
EES tried to establish the reasonableness of the asset
INTERGOVERNMENTAL WATER BOARD MINUTES - SEPTEMBER 14, 1994 - PAGE 3
allocation system as of 12-31-94 or 1-1-94 and urging that
some record system be developed that would allow the
maintenance if necessary and updating of that data ten years
from now. Mr. Morgan stated that the conclusion reached by
the consultant were reasonable and applicable for the purposes
as the TWD understood them to be. Tigard Water District as of
Monday, August 12, 1994 , tried to establish a target or a
reflection of the policy direction that TWD felt should be
taken by this Agency and its respective jurisdiction.
Mr. Morgan then provided the IWB members with the summary of
the findings and conclusions of the Tigard Water District.
Mr. Morgan then stated that one of the things that the Tigard
Water District Board Members attempted to establish a policy
position, whereas, if there was a problem that required
resolution there will be some tracking or trail. On behalf of
the Tigard Water District, Mr. Morgan would recommend that
this report be adopted by the Intergovernmental Board for
forwarding to the agencies involved.
Chair Manning questioned whether the staff had any comments?
Mr. Wegner discussed the records that had been forwarded to
Mr. Meig's office on this same morning to reflect changes to
the pipeline numbers. Mr. Wegner stated that the handout that
was provided tonight reflected these revised figures. Mr.
Meigs stated that after the meeting of the Tigard Water
District on August 8, 1994 , he had reviewed the allocations
figures and found that the following changes necessary; there
were eleven pressure reducing valves versus nine and there was
a misunderstanding between EES staff members on the allocation
of certain pipelines.
John Swartz then questioned the rationale of appendix B -
Future Reservoir Site Assets remaining with the Tigard Water
District and not be separated between the other entities?
Mr. Meigs stated that the future reservoir site located on
Scholls Ferry Road would benefit the Tigard Water District
unless the City would annex in that area. Mr. Meigs stated
the fact could be argued that every reservoir benefits
everyone as long as they are connected by the same system, but
if that reservoir would drain, it will serve outer area toward
Fern Street and out Scholls Ferry Road. If at some future
date they hook a booster pump station up to this it would then
serve the Bull Mountain and the City would also benefit.
John Swartz then stated that if several million dollars of
revenues were put into putting in a reservoir, these funds
will be taken from all users water rates.
INTERGOVERNMENTAL WATER BOARD MINUTES - SEPTEMBER 14, 1994 - PAGE 4
George Morgan then stated that after discussion of this fact,
the Tigard Water District determined that when the reservoir
is built it will be determined at that time how that reservoir
is used and the area served. He stated that we are also
dealing on a ten year advance time schedule. Something more
definitive in terms of asset allocation would be known at that
time, should there be a withdrawal from the Agreement.
John Swartz then stated that he agreed with Mr. Morgan
although in ten years that area will probably be within the
Tigard City limits, what if between now and ten years, we
place several million dollars in a reservoir, the cost of that
reservoir will essentially come out of water charges which are
equal for all agencies. Mr. Swartz questioned why those
properties were not allocated out now to show that everyone
has part ownership in that site, even though it would only be
serving the TWD area with the potential of being annexed into
the City. At the time that the reservoir is built, the
agencies would maintain their respective percentage of
ownership.
Mr. Morgan stated that with the approval of the Capital
Improvement Plan by the representative agencies (which
requires approval by 3 of the 4 jurisdictions) , at that time
there would be a better assessment as to the requirements of
the reservoir.
Mr. Swartz stated that a proportionate share should be
determined at the onset, which would allow for more
credibility for support for the reservoir through the CIP
process.
Mr. Morgan stated that the Tigard Water District did not
pursue this issue any further.
John Haunsperger stated that this asset allocation is as of
January of 1994 and in the Intergovernmental Agreement there
is a section that defines future capital improvement and how
they are divided.
Chair Manning stated that the $125,000 that shows in the
report has been spent and is an asset that belong to the TWD
as of January 1994 .
Mr. Meigs stated that the TWD had SDC's that was paid by every
new customer to recover past investment, supply and storage,
and to charge new hook up to the system for future capacity
increases that would be for coming into the water system.
Many water utilities use a SDC for CIP expenses rather than
water rates.
INTERGOVERNMENTAL WATER BOARD MINUTES - SEPTEMBER 14, 1994 - PAGE 5
Mr. Lowry stated that the City utilizes both SDC and water
rates.
Chair Manning stated that she assumed that these charges was
not for just the unincorporated area but to include King City,
Durham and Tigard.
Beverly Froude questioned when the SDC was voted in? She
stated that King City and Durham did not have a SDC until
after this IGA.
John Swartz stated that funds that purchased these out of the
SDC were prior to the merger when it was one water district,
so residents in the City of Durham did pay a proportionate
share.
Mr. Wegner stated that there was always an SDC charge for the
TWD for the whole area. After the IGA became effective
January 1, the other jurisdictions put into effect their own
SDC. Wayne Lowry stated that there is still one charge that
was adopted by the other agencies.
Councilor, Wendy Conover Hawley questioned whether the monies
used to purchase this property were paid by the citizens in
general and if the funds to build the reservoir will be paid
by the citizens in general then how does it make sense to
leave as TWD property?
John Haunsperger stated that according to Appendix B it is
divided up between all agencies.
John Swartz commented that on the Baylor Street and Reservoir
#2 there are no dollar figures. He stated that at the Tigard
City Council meeting the previous night, staff stated that was
due to fact that TWD had no records on the purchase of this
property, therefore there was no value given. If an agency
were to withdraw from the IGA how would a determination be
made?
Gil Meigs stated that he did not know and also does not know
why there is no record.
John Swartz stated that this report shows that all agencies
including the TWD have basically zero allocation and shows no
ownership.
Mr. Meigs stated that it shows there is no book value. The
f igures came from Cooper and Lybrand which shows no book value
for these three locations. Typically utilities record real
estate book value at cost.
INTERGOVERNMENTAL WATER BOARD MINUTES - SEPTEMBER 14, 1994 - PAGE 6
Beverly Froude stated that they had discussed this issue and
questioned whether there was a need to have an appraiser check
the records and it was decided that probably wasn't value
enough to warrant.
Councilor Hawley stated that she hated leaving things open for
interpretation at a later date, since there are questions that
can be raised in regards to Appendix B.
It was suggested that Appendix B be marked and footnoted to
clarify how this would be determined in the future.
Randy Volk stated that in the past he recalls that it was
noted in the meter reading books that Mr. Swingling at that
location (reservoir #4) had free water. This may have
signified that property was donated.
Paul Hunt questioned what the resolution was on the Scholls
Ferry and 150th? Chair Manning stated that at this time,
there have not been any motions made.
Councilor Hawley made a motion to indicate that Appendix B, be
revised to indicate the Division of Assets on Scholls Ferry
Road and future reservoir sites be allocated according to
percentages. Chair Manning questioned whether that was a
recommendation on her part since the Motion would need to be
made by a Board Member?
Lynda Jenkins stated that it would help clarify it if it was
done by percentages versus leaving as is.
Mr. Meigs stated that the answer to this dilemma lies on page
6 of the report on table 2-3 . It was Mr. Meigs recommendation
that those figures could be used to clarify who pays for what
and who would benefit at the time it was built.
Lynda Jenkins restated that Motion to state that Appendix B is
not complete and would like to see it carried out in
percentage versus the way it is written currently, in relation
to Scholls Ferry and 150th.
This Motion was seconded by John Swartz and was repeated by
Chair Manning as taking the allocation of the Scholls Ferry
Road reservoir and the future reservoir at 150th and allocate
those amounts by percentages as stipulated in the report. The
entire District had bought the property therefore should share
in that proportionately.
This Motion was voted on and passed unanimously.
INTERGOVERNMENTAL WATER BOARD MINUTES - SEPTEMBER 14, 1994 - PAGE 7
George Morgan suggested a footnote that indicates a value for
each of these sites (#4, Baylor and #2) to clarify why no
value is being shown and that the value be determined at such
time as an agency withdraws from the IGA.
This Motion was made by Lynda Jenkins and seconded by John
Swartz. Vote was taken and passed unanimously.
Mr. Wegner questioned what percentage figures would be used,
would that be the figures on page 6 from Other Assets? Chair
Manning stated that was yes.
Chair Manning questioned whether the staff would desire the
Board to formally accept this report and the acceptance of
fact from the Tigard Water District?
Wayne Lowry stated that on page 6, Other Assets, there is no
set of percentages. It was his suggestion that they use the
proportionate interest or proportion of assets on page 17 .
Chair Manning stated the need of clarifying that Motion to
reflect the figures on page 17 (proportionate interest) .
John Swartz made a motion to move that the IWB Board accept
the Report from Economic and Engineering Services on the
System Assets and Liabilities with the changes that were
provided at this meeting and the two motions incorporated and
forward to their respective councils for adoption.
This Motion was seconded by Lynda Jenkins.
George Morgan stated that it was his feeling that this motion
does not fully address a trail that is needed to be created
for such time in the future. He also stated that the
methodologies are important to determine the allocation of
future assets is a base that was used as specified in the IGA
as to how the assets would be identified by major groupings
and that he doesn't disagree with the Motion, just that he
does not think that it goes far enough to say that future
allocations should use essentially the same methodology.
John Swartz questioned whether Mr. Morgan was referring to
using the same formula for the any future allocation based on
population? Mr. Morgan stated that in terms of intent, his
assumption is that if the future allocation doesn't meet the
requirements of the withdrawing agency it will not be
acceptable and it will be challenged on the basis of
reasonableness of whatever allocation system is approved. If
this does identify in more detail the methodology that was
employed is being valued.
INTERGOVERNMENTAL WATER BOARD MINUTES - SEPTEMBER 14, 1994 - PAGE 8
John Swartz recommended that the Board finalize as it
currently stands and work on the future. This document takes
care of what is here today, but what is done in the future
needs to be defined.
Mr. Morgan stated that item 4 indicates that there is some
system of recordkeeping that will allow for the early
identification of these assets and to whom they belong.
John Haunsperger stated that the IGA looks at how future
assets are divided and look at page 5 , section 2, paragraph b,
defines how the figures were arrived at.
Chair Manning requested that the Recorder read back the motion
that was on the floor. It was stated that the Motion that was
made by John Swartz stated to accept from Economic and
Engineering Services the report on System Assets and
Liabilities with changes provided and forward to respective
Councils for adoption. A vote was taken and this Motion
passed unanimously.
Chair Manning stated that she would hope that all agencies
could get this back to the City of Tigard Water District with
separate Council's actions by the next meeting of the IWB.
John Swartz commented on the fact that Economic Engineering
Services had a difficult job to do and they have done a very
good job. The Tigard Water District Board deserves these same
kudos as well for making the transition and the assets go very
smooth. Mr. Meigs questioned, with the document being
referred to the various jurisdictions for adoption whether the
Resolutions that come from these agencies should be bound into
the document? Mr. Meigs stated that he would wait for the
Resolutions and the minutes from this meeting before making
the final version of the report.
Ed Wegner questioned who this will be brought back to? Chair
Manning stated that these Resolutions will be brought back to
the City of Tigard.
Break. Resumed meeting at 8:20
Chair Manning introduced Chris Uber from Murray Smith and
Associates who would be making a presentation at this time.
Ed Wegner stressed the importance of the Murray Smith Report
and the importance of proceeding with this plan. He then
introduced Chris Uber and Phil Smith.
INTERGOVERNMENTAL WATER BOARD MINUTES - SEPTEMBER 14, 1994 - PAGE 9
John Swartz questioned whether a presentation had been made by
Murray Smith to the Tigard Water District Board? The TWD
Board stated they had received the information from Mr.
Wegner.
Chair Manning asked Mr. Wegner for a wish list from the City
of Tigard. Mr. Wegner stated that he would like to see the
IWB recommend to the City of Tigard that we accept the Water
Supply Plan of Murray Smith and Associates and that the City
of Tigard begin immediate negotiation with Lake Oswego for a
long term partnership.
Chris Uber introduced Phil Smith from Murray Smith and
Associates, the Executive Vice President of the firm. Mr.
Smith was involved in the project since he provided the
quality control, quality assurance of the report. Chris Uber
then outlined the findings of the Plan. To begin, he stated
that they have recommended that the City of Tigard begin
immediate negotiation with the City of Lake Oswego to develop
a long term water supply. The City of Tigard currently buys
surplus water from the City of Lake Oswego (90%) and the
remainder is provided from the City of Portland Supply and
from the City of Tigard ground water wells. The following are
the seven alternatives outlined in the Plan:
• Forest Grove/Beaverton/Hillsboro. Water comes from the
Trask.
• Tualatin Valley Water District. Water is provided from
the City of Portland and the City of Portland gets water
from Bull Run watershed and the Columbia River ground
water wells.
• City of Portland.
• City of Lake Oswego. Water source is Clackamas River.
• South Fork Water Board which serves City of Oregon City,
City of West Linn, Claremont Water District. Water
source is the Clackamas River.
• City of Tualatin. Water source is through the City of
Portland through the Washington County Supply Line.
Murray Smith spoke with each of these developed entities and
narrowed it down to the potential for long term supply would
be through the City of Portland and City of Lake Oswego.
They also looked at the Willamette river at Wilsonville. MSA
also looked at two additional alternatives, one being water
treatment plant owned and operated by the City of Tigard and
second a regional water facility. MSA went through a process
that ranked each alternative with the following ranking
criteria:
• Opportunity for City ownership - does the supply the City
of Tigard the opportunity to gain ownership of its water
supply facility?
INTERGOVERNMENTAL WATER BOARD MINUTES - SEPTEMBER 14, 1994 - PAGE 10
• Water Supply Agreement - currently have existing water
supply agreements for surplus with the City of Lake
Oswego and the City of Portland - What is the opportunity
with each of these four alternatives to get a better long
term contract?
• Developed estimated cost for each alternative and total
project cost to develop the supply alternative
• Estimated the cost of water (per 100 cf) .
• Water rights issue
• Water quality
• Supply implementation timing
• Certainty of supply
Mr. Uber discussed Appendix B from the MSA Report which is a
document prepared for the City of Lake Oswego by a Consultant
that examines the supply question from Lake Oswego side. This
is an outline of the Plan and how the two cities might join
together to develop the City of Lake Oswego's water supply and
provide service to both cities.
When each alternative was scored Lake Oswego ranked the
highest. MSA has developed recommendations to implement this
long term supply which is included in the Executive Summary.
The following were the recommendations by MSA:
• Begin negotiations with Lake Oswego immediately.
• Adopt the Plan that MSA has developed and adopt that into
the Comprehensive Plan.
• Talk with the City of Portland and the Tualatin Valley
Water District which can both provide water in the
interim period while developing the Lake Oswego supply
which will take 3-5 years.
• Develop a financial plan. Tigard's share of the total
capital improvement project with Lake Oswego will be 16.4
million.
• Ground water wells - use as much as can
• Regional Water Supply Plan - Twenty seven local water
providers to look at water supply for the Metro region.
Chair Manning stated that she felt that MSA had made a very
complex presentation seem understandable. She wanted to thank
MSA for their efforts.
Lynda Jenkins questioned Ed Wegner in how the discussions with
the City of Portland are going? Mr. Wegner stated that
initially there was thought to be some potential problems with
the Contract with the City of Portland and the IGA. This has
since been worked out and is resolved. The City of Portland
concerns that the City of Tigard is managing it's system to
the best of their abilities and are not storing surplus water
or selling to someone else.
INTERGOVERNMENTAL WATER BOARD MINUTES - SEPTEMBER 14, 1994 - PAGE 11
George Morgan questioned in the interim it was suggested to
talk with Tualatin Valley Water District. Is there much money
involved in making an interim extension assuming that the
parties get together. Chris Uber stated that he does not have
the answer to that at this point, but it is worth talking with
them. The supply from Tualatin Valley relates to a project
identified in the CIP which is the 24" diameter transmission
main from Bradley Corner to Tiedeman Corner. This would be
required if the City chose to go to the City of Portland.
There is an opportunity to avoid building that, if we can get
by until the supply comes online with Lake Oswego.
Randy Volk stated that he had spoke with Gene Sibel and that
the City of Beaverton and the City of Hillsboro had agreed to
make up the percentage that Forest Grove (4%) would not be
supplying to Tualatin Valley.
George Morgan questioned the economic feasibility issue as it
relates to a relatively short term major investment amortized
over a short term cost of water. Chris Uber stated that they
had extended the discussion with those entities that could
provide long term supply.
John Swartz questioned Randy Volk in regards to when the Water
District supplied the area on 72nd which is now supplied by
Tualatin Valley, if that could be reversed so they can supply
the City a portion of water coming from the other direction?
Randy Volk stated that they could reverse that, but there is
not much water there.
Paul Hunt commented at one point the top alternative was to go
with the City of Portland and in the last six months it seems
to have turned around and he is not sure who it is that
deserves the credit for that.
Chair Manning questioned whether MSA would continue to be
active in guiding the Water District through this process.
Chris Uber stated that they would be happy to have the
opportunity to help the City in anyway possible.
John Haunsperger asked about the Tualatin Valley line by
Tigard Fred Meyer and the size of that line and is it possible
to tap into? Randy Volk stated that line is the same size
line but was just lowered 12" . The larger line that is in
there was also the existing 30" line that goes down to the
City of Tualatin and they also had to lower that to
accommodate the excavation of new roadway.
John Swartz made a motion to accept the Murray Smith and
Associates Report including the Appendix B, previously
mentioned in regards to the Lake Oswego Report. This Motion
was seconded by Lynda Jenkins.
INTERGOVERNMENTAL WATER BOARD MINUTES - SEPTEMBER 14, 1994 - PAGE 12
George Morgan stated that his concern in that we accept this
as a policy decision on a preliminary basis subject to the
development of the agreements that are acceptable to the
parties (agencies) within the service area.
This motion passed unanimously.
John Swartz questioned whether this needed to be formally
adopted by the respective agencies? Ed Wegner stated that
according to the IGA, the IWB recommends to the City of Tigard
for their adoption. John Swartz made a motion that stated
that the IWB send the recommendation onto the City of Tigard,
City Council for adoption. This motion was seconded by George
Morgan and passed unanimously.
John Swartz then requested to talk about future plans for long
term water supply. Since he was interested in pursuing the
long term supply with Lake Oswego and having part ownership in
that system, he questioned whether Lake Oswego could give
Tigard part of their water rights in conjunction with an
agreement?
Phil Smith stated that generally water rights go with a piece
of land. When a City is involved this really does not apply
because the City is growing and the boundaries are expanding.
The last couple of sessions, the Legislature has modified the
laws relating to municipalities regarding water rights. In
this case, he does believe that Lake Oswego would be able to
apply to the Oregon Water Resource Department to transfer
ownership of those rights to the Intergovernmental Agency.
After beginning the negotiations with Lake Oswego, it is MSA's
recommendation that we begin to get this answer from the
Oregon Water Resource Department.
Discussion was held on why Lake Oswego would want to
relinquish those water rights? Mr. Smith stated that their
motivation is financial.
Bill Monahan stated that this is an issue that would need to
be resolved with Water Resources Board. The City of West Linn
has done some research into this issue and it has become an
unresolved issue. This issue would need to be resolved up
front since this will factor into the cost of the final
negotiation. Mr. Uber did state the Lake Oswego has in their
report attached a dollar value to those water rights. They
have assessed their total value of their system at 13 million
dollars and Tigard's buy in would be 6.5 million in which a
portion of this is the cost of those water rights.
Ken Schleka questioned how Lake OswSgo acquired those rights?
Mr. Smith stated that their is no cost for acquiring these
rights. Lake Oswego cost of obtaining those rights was the
cost of filing for those rights (First in time, first in
INTERGOVERNMENTAL WATER BOARD MINUTES - SEPTEMBER 14, 1994 - PAGE 13
line) . They have set the value of those rights as if they had
to purchase that water from storage.
Chair Manning questioned whether the negotiations would be
done by staff or City Council, or a combination of the two?
Bill Monahan stated that he would assume that staff to staff
with direct contact on a regular basis with Council. John
Swartz stated that after getting into the negotiation there
may be a need for outside advise. Mr. Swartz stated that the
Tigard City Council had a meeting with Lake Oswego on I-5/217
interchange and at the end of the meeting the Mayor of Lake
Oswego stated that they would be having several meetings in
the near future regarding water.
Randy Volk stated that when the Joint Water Agency was formed
the Tigard Water District had water rights and gave them back.
Mr. Swartz stated that they had minimal water rights at
Scoggins Dam (approximately 1978) they figured financially
that Tigard would never use the water, and these water rights
were given to Hillsboro and Forest Grove.
George Morgan stated that although the recommendations in the
report are quite comprehensive, we need to remember that there
are four agencies that need to be kept current on progress and
development of a CIP and costs information. Additionally
there is a need to develop a public information program that
would be informative to people who ultimately will be expected
to vote on this issue. Discussion was held by the Board that
there is an important need to keep all agencies informed.
Ed Wegner stated that he has prepared and has ready for
distribution dependent upon the outcome of this meeting, a
news release for the three parties who have newsletters and
media about the Water Supply Plan and it's adoption. Also in
the month of October, the City of Tigard CIT's have the water
supply plan on their agendas.
After a recommendation is made to move forward with this
document, it will then be made available in the Library.
Discussions was held on the process and how it would proceed.
John Swartz stated that possible Ed Wegner could put together
a plan that would show the kinds of public contact and input.
Chair Manning stated that this advisory Board could be the
appropriate party to accept this input.
John Swartz made the motion that although the Board has
accepted this report there has been no motion to recommend to
the Tigard City Council to proceed with negotiations with Lake
Oswego for long term water supply. This was seconded by
George Morgan and passed unanimously.
INTERGOVERNMENTAL WATER BOARD MINUTES - SEPTEMBER 14, 1994 - PAGE 14
A motion was made by John Swartz to adjourn and was seconded
by George Morgan and passed unanimously.
The meeting was adjourned at 9:10 p.m.
kathy\iwb\iwbmtg.917
INTERGOVERNMENTAL WATER BOARD MINUTES - SEPTEMBER 14, 1994 - PAGE 15
TIGARD WATER DISTRICT
(From 9/12/94 Meeting)
System Assets and Liability Allocation Report
(Draft 8/8/94 )
Findings and Conclusions:
1. Report appears to represent fairly and completely the assets
and liabilities of the TWD as of January 1, 1994.
2. Report appears to represent and provide reasonable and
equitable allocation methods of the principal components of
the District's assets and liabilities among the four agencies.
(The absence of definitive records and proven methodology of
distributions are not considered significant or important to
the results reported. )
3 . Report includes, identifies, and/or references invaluable
information regarding the resources of the agencies in the
water service area and imposes a major responsibility on the
Water Department's management to utilize this data and
information in its planning and operational functions.
Recommendations:
1. TWD accepts the report as an adequate response to the
requirements of the Intergovernmental Agreement and the
provisions of the District's contract with Economic and
Engineering Services, Inc.
2. TWD approves the methodologies employed in the identification
of all the assets and liabilities of the District on
January 1, 19941, and further approves the allocation
recommendations advanced by the consultant to the agencies
involved.
3 . TWD recommends the acceptance of approval of the report to the
cities of Tigard, King City, and Durham as a document to hie
utilized in the identification of the interest of each agency
in the assets and liabilities of the district as of January 1.,
1994.
4. TWD recommends that the City of Tigard in the operational
management of the Water Department maintain an accounting and
recordkeeping system which would allow (permit) the updating
of the report at such time as may be required by reason of
termination of the Intergovernmental Agreement by one or more
of the signatory agencies.