08/27/2007 - Packet TIGARD WATER DISTRICT
BOARD OF COMMISSIONERS
Serving the Unincorporated Area
Monday
August 27, 2007
7:00 PM
Tigard Water Building Auditorium
8777 SW Burnham Street
Tigard, Oregon
Questions? Contact the City of Tigard at 503.639.4171
i
TIGARD WATER DISTRICT
BOARD of COMMISSIONERS
Serving the Unincorporated Area
Tigard Water Building Auditorium
8777 SW Burnham Street, Tigard, Oregon
REVISED AGENDA
Monday,August 27, 2007,7:00 p.m.
1. Call to Order
2. Approval of Minutes: June 25,July 30,August 14 Special Meeting and August 20
Special Meeting
3. Public Comments
4. Discuss Draft Change to King City Urban Services Agreement
5. Discuss Possible Dates for Water Facilities Tour
6. Discuss Televising Future Meetings
7. Discuss Registered Office and Records Storage
8. Discuss Audit of District
9. Staff Support-Transition Plan
10. IWB Update
11. Non-agenda Items
12. Set next meeting date-September 24,2007,at 7:00 p.m.,
Tigard Water Building Auditorium, 8777 SW Burnham Street,Tigard,Oregon
13. Recess Regular Meeting and Convene Executive Session
14. Reconvene Regular Meeting and Consider Matters from Executive
Session,if any
15. Adjournment
Executive Session: The Tigard Water District Board may go into Executive Session under the provisions of ORS
192.660(2)(e),(1)&(h)to discuss real property transactions,information or records that are exempt bylaw from
public inspection,and current and pending litigation..If an Executive Session is called to order,the appropriate
ORS citation will be announced identifying the applicable statute.All discussions within this session are
confidential;therefore nothing from this session may be disclosed by those present.Representatives of the news
media are allowed to attend this Session,as provided by ORS 192.660(4),but must not disclose any information
discussed.No Executive Session may be held for the purpose of taking any final action or making any final
decision.Executive Sessions are closed to the public.
Questions? Contact the City of Tigard at 503.639.4171
TIGARD WATER DISTRICT
BOARD of COMMISSIONERS
Serving the UnincotporatedArea
Tigard Water Building Auditorium
8777 SW Burnham Street, Tigard, Oregon
AGENDA
Monday,August 27, 20074:00 p.m.
1. Call to Order
2. Approval of Minutes ; 1
3. Public Comments ✓�
4. Discuss Audit of District
5. Staff Support—Transition Plan
6. IWB Update
7. Non-agenda Items
8. Set next meeting date—September 24,2007,at 7:00 p.m.,
Tigard Water Building Auditorium, 8777 SW Burnham Street,Tigard,Oregon
9. Recess Regular Meeting and Convene Executive Session
10. Reconvene Regular Meeting and Consider Matters from Executive
Session,if any
11. Adjournment
Executive Session: The Tigan!Water District Board maygo into Executive Session under the provisions ofORS 192.660
(2)(e),(f)er(h)to discuss realpropery transactions,information or records that are exempt by law from pubic inspection,and
current and pending litigation..If an Executive Session is called to order,the appropriate ORS citation will be announced
identng the applicable statute.All discussions within this session are confidential;therefore nothing from this session may be
disclosed by those present.Representatives of the news media are allowed to attend this Session,as provided by ORS
192.660(4),but must not disclose any information discussed.No Executive Session may be held for the purpose of taking'any
final action or making anyfinal decision.Executive Sessions are dosed to the public. •
Questions? Contact the City of Tigard at 503.639.4171
I .I
TIGARD WATER DISTRICT
BOARD OF COMMISSIONERS
Serving the Unincorporated Area
Tigard Public Works-Annex
9020 SW Burnham Street,Tigard, Oregon
Monday,July 30,2007
7:00 p.m.
Members Present: Julie Russell, Bert Cornick, Ken Henschel, Kinton Fowler
and Charles Radley
Members Absent: None
Staff Present: John Goodrich and Greer Gaston
Visitors: Clark Balfour,Marcia Garland, Phil Decker, Ginny Babcock,
Mike Salisbury,Marland Henderson,Dennis Goode, Patti Fowler
and Barbara Sherman
1. Call to Order, Roll Call and Introductions
The Tigard Water District (TWD) meeting was called to order by Commissioner Radley at 7:04
p.m. All board members were in attendance.
2. Administer Oath of Office
Greer Gaston administered the oath of office to newly elected TWD Commissioner Kinton
Fowler.
3. Election of Board Officers
Mr. Clark Balfour was introduced as legal representative of the TWD. A discussion by board
members regarding board officer descriptions resulted in the motions for nominations for
Secretary and Treasurer of TWD. Commissioner Cornick nominated Commissioner Fowler for
Treasurer and Commissioner Russell nominated Commissioner Cornick for Secretary. Both
nominations were accepted and the motions were approved by unanimous vote,with
Commissioners Russell, Cornick, Henschel, Fowler
and Radley voting yes.
4. Approval of Minutes -June 25, 2007 and July 2, 2007
The minutes for June 25, 2007 meeting were deferred for approval until the next meeting in
August due to a question regarding the IGA with the City of Tigard and Lease and'Tenants in
Common agreements. Commissioner Russell made a motion to not approve the minutes of June
25,2007 and defer approval until the next meeting. Commissioner Fowler seconded the motion.
The board approved the motion by unanimous vote,with Commissioners Russell, Cornick,
Tigard Water District 1 July 30,2007
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Henschel,Fowler and Radley voting yes. Commissioner Radley made a motion to approve the
minutes for July 2,2007. Commissioner Russell seconded. The board approved the motion by
unanimous vote,with Commissioners Russell, Cornick, Henschel, Fowler and Radley voting
yes.
5. Public Comments
Commissioner Radley opened the forum for public comments. Mr. Phil Decker asked questions
regarding board member occupations and affiliation status. Board members commented on their
current occupations. Ms. Marcia Garland was called next to present her credentials regarding
secretarial support for the TWD. Mr. Mike Salisbury was called next to provide information
regarding county services for public record support and maintenance through Washington
County Services. Mr. Marland Henderson presented information for the downtown
redevelopment for the City of Tigard utilizing reclaimed water from Clean Water Services
Durham Wastewater Treatment Plant. Mr. Henderson was asked to make a more formal
presentation at a later date.
6. Discuss Audit of District
The board members discussed recent changes in the agreement with the City of Tigard regarding
accounting services for the TWD. Commissioner Fowler made a motion for TWD to contract
with an outside auditor to conduct an audit of the account(s) of the TWD back five years
pursuant to ORS 297; Commissioner Henschel seconded the motion. The motion was approved
by unanimous vote,with Commissioners Russell, Cornick, Henschel, Fowler and Radley
voting yes.
7. Staff Support - Transition Plan
The board members discussed the three letters presented to the TWD from City of
Tigard regarding support services for board activities and the tentative withdrawal of
services by August 20, 2007. Commissioner Cornick indicated to the board members a
need to file for injunctive relief pursuant to the agreement with the City of Tigard.
Mr. Balfour discussed the technical aspects of filing such action. Mr. Balfour also
discussed information relating to renegotiating the current agreement and possible
discussion with the City of Tigard relating to support services. Commissioner Henschel
asked for clarification from the City of Tigard regarding the scope of support services.
Commissioner Russell asked for the board to table all discussion until executive session.
The board members agreed.
8. IWB Update- (presented by newly appointed IWB Representative Russell)
Commissioner Russell gave an update of the last IWB meeting she attended. She
discussed the Commercial Lease agreement vote and the IWB's action to not go forward
with the final vote of approval on the lease agreement proposal until she had timeto
confer with the TWD board members. Commissioner Henschel discussed information
regarding the joint IWB, Lake Oswego City Council and Tigard City Council meeting
held July 17, 2007 regarding the feasibility study of a joint water supply partnership.
Commissioner Radley commented about recent rumors regarding groundwater quality
Tigard Water District 2 July 30,2007
Draft
due to a dump site identified as "Grab-horn" located on the adjacent side of the Tualatin
River. Commissioner Russell was asked to discuss it as a "staff update on supply" agenda
item at the next IWB meeting. Commissioner Radley also discussed upcoming training
opportunities for board members. The board members agreed Commissioners Fowler,
Cornick and Russell may attend the August 6, 2007 Special Districts training.
9. Non-Agenda Items
Commissioner Henschel made a motion for Clark Balfour to be the legal representative of the
TWD. There was a lengthy discussion by the board members and Mr. Balfour regarding the
suspension of by-laws for brief time periods that would allow for an extension of the
requirement date for legal representation. The board members further discussed the
implications of taking such action. Several other agenda items were discussed while Mr.
Balfour conferred with the written by-laws. Mr. Balfour reported back to the board that he
was correct regarding rules relating to the suspension of by-laws within the TWD charter.
Commissioner Fowler seconded the motion. The board approved Mr. Balfour as legal
counsel. The motion was approved by unanimous vote,with Commissioners Russell, Cornick,
Henschel, Fowler and Radley voting yes.
Commissioner Henschel provided information to the board members regarding the
Friends of Bull Mountain Sustainability Fair on September 15, 2007 and the opportunity
for the TWD to have a booth to present information regarding water conservation.
Commissioner Henschel made a motion to provide $250 for the fees related to the fair
booth; Commissioner Fowler seconded the motion. The motion was approved by
unanimous vote, with Commissioners Russell, Cornick, Henschel, Fowler and Radley
voting yes.
10. Set Next Meeting Date-August 27, 2007, at 7:00 p.m., Water Building,
8777 SW Burnham Street, Tigard, Oregon
The board members set the next meeting date for August 27, 2007, at 7:00 p.m. in the
Water Building Auditorium.
11. Recess Regular Meeting and Convene Executive Session
The regular meeting was recessed for 5 minutes break by Commissioner Radley at 9:00
p.m. Commissioner Radley reconvened the regular meeting at 9:10 p.m. and asked for
any other non-agenda items.
Commissioner Cornick made a motion to the board to make a formal request to Dennis
Koellermeier to provide a tour of the water facilities within the Tigard Water Service
Area. Commissioner Henschel seconded the motion. The board members agreed. John
Goodrich indicated that he would present the request and make arrangements with those
members wishing to participate in a future tour. The motion was approved by
unanimous vote, with Commissioners Russell, Cornick, Henschel, Fowler and Radley
voting yes.
Executive Session -Real Property Transactions and Pending Litigation
Tigard Water District 3 July 30,2007
Draft
Commissioner Radley made a motion to recess the regular meeting and convene an executive
session; Commissioner Russell seconded the motion. The motion was approved by unanimous
vote, with Commissioners Russell, Cornick, Henschel, Fowler and Radley voting yes.
John Goodrich was requested to not participate.
Commissioner Radley announced the Board was going into executive session under ORS
192.660(e) and (h) after Mr. Balfour made a clarification regarding executive session rules and
procedures. The board went into executive session at 9:20 p.m.
The Board came out of executive session at 10:20 p.m.
12. Reconvene Regular Meeting and Consider Matters from Executive Session, if any
Commissioner Radley reconvened the regular session. John Goodrich was invited back to resume
staff support. The board members discussed further implications of the staff support transition.
Mr.Balfour was instructed to contact the City of Tigard regarding an extension of support
services and then to report back to the board. Further instruction was given by the board
regarding the definition of services which will cease and perhaps an extension until the end of the
calendar year. Commissioner Henschel asked how the legal counsel will communicate with the
TWD board members. The board agreed that Commissioner Radley, as chairperson,would be
the main contact at this time. Mr. Balfour and the board discussed provisions regarding special
meeting requirements for public notification.
There was a motion by Commissioner Henschel and seconded by Commissioner Fowler that the
TWD vote against approval regarding the IWB lease agreement to be voted on at the next IWB
meeting. The motion was approved by unanimous vote,with Commissioners Russell, Cornick,
Henschel, Fowler and Radley voting yes.
Mr. Balfour took possession of the written minutes and audio tape of the executive session.
Commissioner Henschel made a formal complaint regarding the two different revised agendas
with different Executive Session OAR rules printed.
13. Adjournment
Commissioner Henschel made a motion for adjournment and Commissioner Fowler seconded
the motion. The motion was approved by unanimous vote,with Commissioners Russell,
Cornick, Henschel, Fowler and Radley voting yes.
The meeting adjourned at 10:40 p.m.
John Goodrich, Staff Liaison/Recorder
Date:
Tigard Water District 4 July 30, 2007
Draft
• TIGARD WATER DISTRICT
BOARD OF COMMISSIONERS
Serving the Unincorporated Area
Tigard Water Building Auditorium
8777 SW Burnham Street,Tigard, Oregon
Tuesday, August 14,2007
7:00 p.m.
Members Present: Julie Russell, Ken Henschel,Kinton Fowler (by telephone),
and Charles Radley
Members Absent: Bert Cornick
Staff Present: John Goodrich
Visitors: Eileen Eakins, Phil Decker and Barbara Sherman
1. Call to Order, Roll Call and Introductions
The Tigard Water District (TWD) meeting was called to order by Commissioner Radley at
7:02 p.m. Commissioners Radley, Russell, Henschel and Fowler (by telephone)were present.
Commissioner Cornick was absent.
2. Public Comments
Commissioner Radley asked that the board not take public comments due to time constraints for
the evening. The board members present approved. There was a brief discussion with
Mr. Decker(audience) regarding the board's decision to proceed without public comments. No
public comments were taken.
3. Consider engaging additional legal counsel
Commissioner Radley informed the board that additional counsel may be necessary after a
discussion he had with Mr. Balfour regarding his services. Commissioner Radley introduced
Ms. Eileen Eakins as a legal counsel for consideration. The discussion was opened for the board
members. Commissioner Radley made a motion to retain Ms.Eakins as legal counsel for the
Tigard Water District. Commissioner Russell seconded the motion. Commissioners Radley,
Russell,Henschel and Fowler voted yes. The motion passed. Ms. Eakins then provided a
"Consent to Legal Counsel" letter to the board. Ms. Eakins also discussed providing a provision
that a letter of no conflict be signed by the City of King City,in which she may have been
remotely involved with litigation. Commissioner Henschel motioned that the consent letter be
signed by the Chairperson, Commissioner Russell seconded the motion. Commissioners
Radley, Russell, Henschel and Fowler voted yes. The motion was passed and Commissioner
Radley signed the consent letter.
Tigard Water District 1 August 14,2007
Draft
4. Staff Support - Transition Plan
Commissioner Radley discussed the current situation between the City of Tigard and the TWD
and offered three key points of the IGA: meeting space, office space and storage space within the
remodeled Water Building. Commissioner Henschel asked about the request for scope of
services by the City. Commissioner Radley responded that there has been no progress reported
at this time. The issue was deferred as an agenda item for the next regular meeting.
5. Non-agenda Items
Compact discs containing the audio portion of the TWD June 25, 2007 meeting were
provided to board members. The approval of the minutes from the June 25, 2007
meeting was deferred as an agenda item for the next regular meeting. Commissioner
Russell asked that the TWD financial audit status be placed on the agenda for the next
regular meeting. Commissioner Fowler agreed, as well as the rest of the board present.
Commissioner Radley discussed the tour by water staff for the TWD board members.
The board would be meeting in an "information session." Mr. Goodrich indicated that
he will set up the tour once the board provides a date or dates for consideration. The
board agreed.
Commissioner Russell also asked about a problem with the City of Tigard Council
meeting minutes that reflected incorrect information regarding the delay of the IWB
approval vote for the Water Building lease agreement. The board suggested that she
discuss it at the next IWB meeting.
Mr. Goodrich asked about the status of the money approved for the Friends of Bull
Mountain festival. Commissioner Radley asked that the City of Tigard hold the
approved funds until clarification is received from festival coordinators that the fair will
proceed.
Commissioner Henschel thanked the guests that took time to come to the special
meeting and asked that their comments wait to be expressed for the next regular meeting
during "public comments."
6. Recess Special Meeting and Convene Executive Session
Executive Session -Real Property Transactions, Exempt Public Records and
Pending Litigation
Commissioner Radley recessed the special meeting and convened an executive session;
Commissioner Henschel read ORS 192.660(2)(e), (f) and (h) and the executive session was
convened at 7:38 p.m.
Mr. Goodrich was requested to not participate.
The Board came out of executive session at 9:29 p.m.
Tigard Water District 2 August 14, 2007
Draft
12. Reconvene Regular Meeting and Consider Matters from Executive Session, if any
Commissioner Radley reconvened the special meeting at 9:29 p.m. Commissioner Radley asked
for a motion to authorize Ms. Eileen Eakins to begin analysis of the legal issues discussed in
today's executive session. Commissioner Henschel made the motion to do so and added that
Ms. Eakins should report back to the board with her recommendations. Commissioner Russell
seconded the motion and Commissioner Radley called for a vote. Commissioners Radley,
Russell,Henschel and Fowler voted yes. The motion passed.
13. Adjournment
Commissioner Radley asked for further comments; hearing none, he asked if there was a motion
to adjourn. Commissioner Henschel made the motion and Commissioner Russell seconded.
Commissioners Radley,Russell,Henschel and Fowler voted yes and the meeting was adjourned at
9:35 p.m.
John Goodrich, Staff Liaison/Recorder
Date:
Tigard Water District 3 August 14,2007
Draft
TIGARD WATER DISTRICT
BOARD OF COMMISSIONERS
Serving the Unincorporated Area
Tigard Water Building Auditorium
8777 SW Burnham Street,Tigard, Oregon
Monday, August 20,2007
8:00 a.m.
Members Present: Julie Russell, Bert Cornick, Ken Henschel, Kinton Fowler,
and Charles Radley
Members Absent: None
Staff Present: John Goodrich and Joy Koss
Visitors: Eileen Eakins, Barbara Sherman and Isador W. Morgavi
1. Call to Order, Roll Call and Introductions
The Tigard Water District (TWD) meeting was called to order by Commissioner Radley at
8:02 a.m. All board members were present.
2. Recess Special Meeting and Convene Executive Session
Executive Session -Real Property Transactions, Exempt Public Records and
Pending Litigation
Commissioner Radley recessed the special meeting and announced the board was going into
executive session under ORS 192.660(2) (e), (f) and (h). The executive session was convened at
8:04 a.m. Mr. Goodrich and Ms. Koss did not participate.
The board concluded executive session at 10:01 a.m.
3. Reconvene Special Meeting and Consider Matters From Executive Session,if any
Commissioner Radley reconvened the Special Meeting at 10:02 a.m.
Commissioner Henschel made a motion to authorize attorney Eileen Eakins to proceed with
filing a legal action challenging the validity of the public meeting of the Tigard Water District held
on June 25, 2007. Commissioner Fowler seconded the motion. Both Commissioner Russell and
Commissioner Henschel attended the June 25, 2007 meeting. Commissioner Russell commented
that the previous TWD board moved forward against the advice of their attorney. Commissioner
Henschel further stated that all public entities need to follow the law. Hearing no other
comments, Chair Radley called for a vote. The motion was approved by unanimous vote,with
Commissioners Russell,Cornick,Henschel,Fowler and Radley voting yes.
Tigard Water District 1 August 20,2007
Draft
Chair Radley made a request to have Mr. Goodrich disperse a check for a deposit of$1,000 to be
• made payable to the Law Offices of Eileen Eakins,LLC.
4. Consider Commissioner Travel Expenses
Chair Radley asked Mr. Goodrich to process a$75 bill from the Special Districts Association of
Oregon for Commissioner Henschel to attend board training in Newport.
Commissioners Russell and Fowler traveled to the Special Districts training in Salem and
Commissioner Russell inquired about the process to be reimbursed for mileage. Mr. Goodrich
responded reimbursement would be handled through TWD by submitting a request to the
board. The TWD board would need to approve it and, after approved,Mr. Goodrich would
process a check request. In response to Commissioner Russell's question about the amount,
Mr. Goodrich stated the City of Tigard is currently using 48.5 cents per mile. Chair Radley
commented that the TWD Board has been operating under the City of Tigard's financial rules as
a convenience.
5. Non-agenda Items, if any
Mr. Goodrich asked the TWD board to send all future correspondence to the City of Tigard
directly to him. Mr. Goodrich announced he has been designated contact person and provided
the board with his e-mail address.
Chair Radley commented it appears the City of Tigard is going to continue supporting the TWD
board for a while longer, at least for the August 27, 2007 meeting. Mr. Goodrich confirmed that
was correct and that he will provide meeting support until the City of Tigard no longer provides
that service.
Commissioner Henschel inquired about the pending request for the City of Tigard to provide
the TWD board with a detailed task list of those items that are considered to be "staff support."
Chair Radley indicated that topic is on the agenda for the next meeting and that is one of the
questions being handled at the attorney level (between Clark Balfour and Tim Ramis).
Commissioner Henschel indicated it would be useful to have that information prior to the next
meeting.
Tigard Water District 2 August 20, 2007
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6. Adjournment
Commissioner Fowler made a motion to adjourn and Commissioner Russell seconded the
motion. In response to a question asked by visitor Isador W. Morgavi, Chair Radley responded
the board would not be hearing public comments at this meeting. Commissioner Henschel asked
Chair Radley if a"Public Comments"item was on the agenda. Commissioner Henschel said the
board typically did not hear public comments during Special Meetings. Commissioners Radley,
Russell, Cornick, Henschel and Fowler voted in favor of adjourning the meeting. Hearing no
objections, Chair Radley adjourned the meeting at 10:13 a.m.
Joy Koss, TWD Recorder
Date:
Tigard Water District 3 August 20, 2007
Draft
TIGARD WATER DISTRICT
BOARD OF COMMISSIONERS
Serving the Unincorporated Area
Tigard Public Library, Second Floor Conference Room
13500 SW Hall Blvd.,Tigard, Oregon
Monday,June 25,2007
7:00 p.m.
Members Present: Beverly Froude, George Rhine,Janet Zeider, and Charles Radley
Members Absent: None
Staff Present: Dennis Koellermeier, Roger Dawes, Greer Gaston, and Joy Koss
Visitors: Clark Balfour,Bert Cornick, Ken Henschel, and Julie Russell
1. Call to Order, Roll Call and Introductions
The Tigard Water District (TWD) meeting was called to order by Chair Froude at 7:04 p.m. All
board members were in attendance.
2. Recognition of Commissioners Delphine, Froude, Rhine and Zeider
Mr. Koellermeier recognized and thanked Tigard Water District Board members for their years
of service and presented them with a clock (former board member,Marc Delphine, did not
attend the meeting).
3. Approval of Minutes-May 14,2007
The minutes for the May 14, 2007 meeting were approved with a correction to the spelling of
"Wakkila" on page 3.
4. Visitors Comments - See visitor comments under discussion topics.
5. Budget Adoption Process for Fiscal Year 2007-2008
Financial Operations Manager,Roger Dawes, explained that Oregon Revised Statues state
Contingencies can only be 15 percent of total Materials and Services. In accordance,Mr. Dawes
revised the original amount allocated to Contingency from $10,000 to $8,000, and put the
remaining $2,000 in Ending Fund Balance.
After questions were addressed, Commissioner Rhine motioned to approve Resolution No. 07-01
adopting the Fiscal Year 2007-08 Budget as presented; Commissioner Zeider seconded-the motion.
The resolution was approved.
Tigard Water District 1 June 25,2007
Draft
NOTE: The following topics on the agenda were discussed out of sequence.
8. Water Supply Update -Dennis Koellermeier
Mr. Koellermeier reported Bull Run, City of Portland, and the JWC systems have moved to
stored water much earlier this year than normal. Mr. Koellermeier does not anticipate any
problems occurring as a result of utilizing stored water earlier this year, nor does he anticipate any
major components being off line for scheduled maintenance. Peak season usage is around 13-14
mgd.
11. Next Meeting Dates
•
• TWD Special Meeting at 7:00 p.m. on July 2,2007,at Tigard Public Library,
Community Room
• Intergovernmental Water Board (IWB) at 5:30 p.m. on July 11, 2007,at City Hall,
Town Hall
• Joint IWB, City Council and Lake Oswego Work Session on July 17, 2007,at City
Hall, Town Hall
9. IWB Update- George Rhine/Janet Zeider
Commissioner Rhine reported that most of the June 13,2007 IWB meeting pertained to the
Resolution for the Tenancy In Common Agreements for the Tigard Water Building and the
Canterbury site. Another issue discussed was leak credits for a couple of residents.
In response to Chair Froude question if there were any conclusions drawn from that meeting,
Commissioner Rhine said IWB members continued to feel that the Tenancy In Common
Agreements were the right way to handle these particular items. A First Amendment to the
Intergovernmental Agreement is required in order to execute them. That is why the topic has
been brought back to Tigard Water District members to adopt and pass this Resolution.
6. Resolution 07-02 - Consider a resolution authorizing an amendment to the 1993
Intergovernmental Agreement, and the execution of Tenants In Common
Agreements and Bargain and Sale Deeds for the Water Building and Canterbury
properties.
Chair Froude explained that the Board's goal for the meeting was to review the
agreements and vote. Clark Balfour, attorney for the TWD,was present to summarize
the main points of the documents and recapped the discussion the IWB had with regard
to those documents at their June 13, 2007, meeting.
Mr. Balfour explained that with the Tenancy In Common Agreement, each partner of the
IWB would have a vested interest in property. For instance, Tigard would hold 70%
ownership and the TWD would hold 22% ownership. He also explained that the
documents change how property transactions are dealt with in that if there is no written
agreement, changes in property ownership would now require a simple majority vote
versus a unanimous consent of the IWB, as before.
Tigard Water District 2 June 25,2007
Draft
Mr. Balfour then addressed a number of questions from the Board and visitors, related to
lease rates and proposed language in the documents. Visitors Henschel and Russell
expressed concern about the new documents and urged the Board to delay voting.
Another concern was raised about meeting notices and whether or not this and previous
TWD Board meetings were properly noticed. Mr. Balfour explained that the Board
should consider publishing their notices versus the past practice of posting.
After further discussion, Commissioner Rhine posed a motion to approve and adopt
Resolution 07-02, with a second by Commissioner Zeider. The Board voted in favor of
the motion 3:1; Commissioner Radley, who expressed displeasure with the motion,voted
against.
7. Oregon Law ORS 198.320
The Board discussed the time requirements for appointing a new Commissioner for
replacement of Marc Delphine. Mr. Balfour explained that the Statute does not dictate a
time limit for doing this and does not lay out a process. The Board is under no obligation
to fill the position.
Note: Commissioner Radley left the meeting at 9:16 p.m.
The remaining Board members elected to defer action on this point, as the vacant
position will be filled as of July 1, 2007.
10. Non-Agenda Items
Ken Henschel requested public notice in the newspaper and postings for the Special Meeting
scheduled for July 2,2007.
Mr. Koellermeier announced information for registering new members for the Special
Districts Association of Oregon needed to be submitted to staff for processing.
11. Adjournment
Commissioner Rhine motioned to adjourn, Commissioner Zeider seconded the motion,and
the board voted unanimously to adjourn the meeting at 9:47 p.m.
Joy Koss, TWD Recording Secretary
Date:
Tigard Water District 3 June 25,2007
Draft
Distributed to TWD Members
rVVHJI711�I fia: ❑E-mail "� ail ❑r4 In-person at meeting
�IV1. JVill
OREGON
June 5, 2007
To: David Wells, City of King City
Dennis Koellermeier, Tigard Water District
Alec Jensen, Tualatin Valley Fire &Rescue
Carrie Pak, Clean Water Services
Tom Coffee, City of Tigard
Melissa Hardy, City of Tualatin
Ray Valone, Metro
Jillian Detweiler, TriMet
From: Robert Davis, C %Administrator
Subject: Final King City Urban Service Agreement
The outstanding issues to finalize the King City Urban Service Agreement have been resolved
and the agreement is now ready to be adopted. The final changes addressed the text for the law
enforcement exhibit and a wording correction. The word"afflicted"was changed to"affected"
in the third recital on page 2.
Two copies of the final agreement are enclosed for action by your elected officials. Please return
one copy of the signed agreement to Linda Schroeder at the address shown below. The second
copy is for your records. We will send you a copy of the fully executed agreement when we
have received signed copies of the agreement from all parties. A summary of the agreement's
key provisions is also enclosed.
Return one signed copy to
Washington County
Attn: Linda Schroeder
DLUT—Planning Division
155 N. First Avenue, Suite 350-14
Hillsboro, OR 97124-3072
If you have questions,please contact Linda Schroeder at 503-846-3962.
S:\PIng\WPSHARE\SB122\King City USA\Urban Service Agreement\transmittal_for_Final_KCUSA.doc
County Administrative Office
155 North First Avenue,Suite 300, MS 21, Hillsboro, OR 97124-3072
phone:(503)846-8685•fax:(503)846-4545
1116
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City of Tigard, Oregon • 13125 SW Hall Blvd. • Tigard, OR 97223
July 30, 2007 • .:
T I GARD
Charles Radley
Tigard Water District Chairperson
15729 SW Colyer Way
Tigard, OR 97224
Re: King City Urban Services Agreement Future Agenda Item
Dear Charles,
Attached is a copy of the newly created Urban Services Agreement for King City to
which the Tigard Water District is a signatory. I draw your attention to Exhibit G,
which is intended to describe the relationship that currently exists between King City
and the District. It goes on to describe the relationship between the parties in the
future.
This agreement needs to be added to an upcoming agenda for the Board's
consideration. The author of the document is Joanne Rice, Senior Planner for
Washington County. She would be a good contact should you desire additional
information.
I have not forwarded this to Attorney Balfour for review.
Please feel free to contact me should you have any questions.
Sincerely,
Dennis Koellermeier
Public Works Director
c: Joanne Rice
Linda Schroeder
Phone: 503.639.4171 • Fax: 503.684.7297 • www.tigard-or.gov • TTY Relay: 503.684.2772
Distributed to TWD Members
Via: DE-mail ,Mail L In-person at meeting
KING CITY URBAN SERVICE AGREEMENT
This AGREEMENT is made and entered into by and between Washington County, a municipal
corporation of the State of Oregon, including its services districts other than Clean Water
Services,hereinafter"COUNTY",the City of King City, a municipal corporation of the State of
Oregon,hereinafter"CITY",the City of Tigard, a municipal corporation of the State of Oregon,
hereinafter"TIGARD", the City of Tualatin, a municipal corporation of the State of Oregon,
hereinafter"TUALATIN",Metro, a metropolitan service district of the State of Oregon,
hereinafter"METRO", and the following Special Districts of the State of Oregon,hereinafter
"DISTRICT(S)".
Clean Water Services ("CWS");
Tigard Water District("TWD");
TriMet("TRIMET"); and
Tualatin Valley Fire and Rescue District("TVF&R")
RECITALS
WHEREAS, ORS 195.025(1)requires METRO,through its regional coordination
responsibilities,to review urban service agreements and planning activities within the COUNTY
affecting land use, including planning activities of the COUNTY,cities, special districts and
state agencies; and
WHEREAS, ORS 195.020(4)(e)requires cooperative agreements to specify the units of local
government which shall be parties to an urban service agreement under ORS 195.065; and
WHEREAS,the parties have entered into cooperative agreements for fire and life safety,water,
parks,recreation,open space, sanitary sewer,and surface water services,which are consistent
with ORS 195.020; and
WHEREAS,ORS 195.065(1)requires units of local government that provide an urban service
within an urban growth boundary to enter into an urban service agreement(s)that specify(a)the
unit of government that will deliver urban services, (b)the functional role of each service
provider,(c)the future service area, and(d)the responsibilities for planning and coordination of
services. ORS 195.065(5) authorizes one or a series of urban service agreements with service
providers to fulfill the requirements of ORS 195.065(1); and
WHEREAS, ORS 195.065(1)and(2)require that the COUNTY shall be responsible for:
1. Convening representatives of all cities and special districts that provide or declare an interest
in providing an urban service inside an urban growth boundary within the county that has a
population greater than 2,500 persons for the purpose of negotiating an urban service
agreement;
2. Consulting with recognized community planning organisations within the area affected by
the urban service agreement; and
3. Notifying Metro in advance of meetings to negotiate an urban service agreement to enable
King City Urban Service Agreement
June 4,2007
Page 1
Metro's review; and
WHEREAS, ORS 195.075(1)requires urban service agreements to provide for the continuation
of an adequate level of urban services to the entire area that each provider serves; and
WHEREAS,ORS 195.075(1)requires that if an urban service agreement calls for significant
reductions in territory of a special service district,the agreement shall specify how the remaining
portion of the district is to receive services in an affordable manner; and
WHEREAS, ORS 195.205 to 195.235 grant authority to cities and districts(as defined by
ORS 198.010)to annex lands within an urban growth boundary, subject to voter approval, if the
city or district enacts an annexation plan adopted pursuant to ORS 195.020, 195.060 to 195.085,
195.145 to 195.235, 197.005, 197.319, 197.320, 197.335,and 223.304,and if the city or district
has entered into urban service agreements with the county, cities and special districts which
provide urban services within the affected area; and
WHEREAS,pursuant to ORS 195.065(3),decisions on a local government structure to be used
to deliver an urban service under ORS 195.070 are not land use decisions under ORS 197.015;
and
WHEREAS, ORS 197.175 requires cities and counties to prepare, adopt, amend, and revise their
comprehensive plans in compliance with statewide planning goals, and enact land use
regulations to implement their comprehensive plans; and
WHEREAS, Statewide Planning Goals 2, 11,and 14 require cities and counties to plan,in
cooperation with all affected agencies and special districts,for the urbanization of lands within
an urban growth boundary, and ensure the timely,orderly, and efficient extension of public
facilities and urban services; and
WHEREAS, the Tigard Urban Service Agreement was adopted in February 2003.There is no
territory in the Tigard Urban Service Area that will be affected by the AGREEMENT; and
WHEREAS,there is no territory in TUALATIN's urban planning area that will be affected by
the AGREEMENT.
NOW,THEREFORE, the premises being in general as stated in the foregoing recitals,it is
agreed by and between the parties hereto as follows:
I. ROLES AND RESPONSIBILITIES
A. Parties to this AGREEMENT shall provide land use planning notice to each other in
accordance with the provision of the"Cooperative Agreements,"developed in
compliance with ORS 195.020. The applicable Cooperative Agreements and their
effective dates are described below.
1. Cooperative Agreement for Fire and Life Safety Services with TVF&R. The
agreement's effective date for TVF&R is October 13, 1997;the effective date for the
CITY is October 2, 1997;the effective date for the COUNTY is October 14, 1997.
King City Urban Service Agreement
June 4,2007
Page 2
2. Cooperative Agreement for Water Supply Services with the Tigard Water District
(TWD). The agreement's effective date for TWD is December 19, 1997; the
effective date for the CITY is October 2, 1997; the effective date for the COUNTY is
October 14, 1997.
3. Cooperative Agreement for Wastewater and Surface Water with CWS, formerly
known as the Unified Sewerage Agency. The agreement's effective date for CWS is
January 20, 1998; the effective date for the CITY is October 2, 1997;the effective
date for the COUNTY is October 14, 1997.
B. The parties to this AGREEMENT are designated as the appropriate providers of services
to the citizens residing within their boundaries as specified in this AGREEMENT.
C. The CITY is designated as the appropriate provider of services to citizens residing within
its boundaries and to unincorporated areas subject to this AGREEMENT as shown on
Map A,except for those services that are to be provided by another party as specified in
this AGREEMENT.
D. The CITY and COUNTY will be supportive of annexations to the CITY over time.
E. The COUNTY and DISTRICTS will not oppose annexations to the CITY over time
consistent with the provisions of this AGREEMENT and Oregon State Statutes.
F. Pursuant to ORS 195.205,the CITY and DISTRICTS reserve the right and may,
subsequent to the enactment of this AGREEMENT,develop an annexation plan or plans
in reliance upon this AGREEMENT in accordance with ORS 195.205 to 220.
G. The COUNTY shall have the responsibility for convening representatives for the purpose
of amending this AGREEMENT,pursuant to ORS 195.065(2)(a).
II. AGREEMENT COORDINATION
A. Existing intergovernmental agreements that are consistent with this AGREEMENT shall
remain in force. This AGREEMENT shall control provisions of existing
intergovernmental agreements that are inconsistent with the terms of this AGREEMENT.
This AGREEMENT does not preclude any party from amending an existing
intergovernmental agreement or entering into a new intergovernmental agreement with
one or more parties for a service addressed in this AGREEMENT,provided such an
agreement is consistent with the provisions of this AGREEMENT. Except as provided in
Exhibit F, such amendments and new intergovernmental agreements shall be consistent
with the provisions of this AGREEMENT and the requirements of ORS 195.065 to
195.080.
B. The CITY and COUNTY have entered into an intergovernmental agreement called the
Washington County—King City Urban Planning Area Agreement, which defines the
urban planning area of the CITY and describes how the CITY and COUNTY coofdinate
comprehensive planning and development. The Urban Planning Area Agreement shall be
revised to be consistent with this AGREEMENT.
King City Urban Service Agreement
June 4,2007
Page 3
C. CITY and COUNTY shall endeavor to take all action necessary to cause their
comprehensive plans to be amended to be consistent with this AGREEMENT within
twelve months of execution of this AGREEMENT,but no later than sixteen months from
the date of execution.
III. AREA AFFECTED BY AGREEMENT
This AGREEMENT applies to the King City Urban Service Area(KCUSA) as shown on
Map A. The northern boundary of the KCUSA is the centerline of Beef Bend Road. The
eastern boundary is the western right of way line of Hwy. 99W. The southern boundary is
the centerline of the Tualatin River. The western boundary is the January 1, 2006
Regional Urban Growth Boundary(UGB). Tax Lots 1300, 1400 and 1500,Tax Map 2S1
16DC are not in the KCUSA because they are located outside of the UGB.
IV. ESTABLISHING COMMON BOUNDARIES FOR URBAN SERVICES
A. The common boundary between the King City and Tigard Urban Service Areas is the
centerline of Beef Bend Road and the western right of way line of Hwy. 99W, as
shown on Map A. The designated service providers to each urban service area are
identified in the respective urban service agreements. TIGARD, which is not a
service provider to the KCUSA, is a party to the AGREEMENT solely for the
purpose of designating the common boundary between these urban service areas.
B. The common boundary between the King City Urban Service Area and
TUALATIN's urban planning area is the center line of the Tualatin River as shown
on Map A. TUALATIN,which is not a service provider to the KCUSA, is a party to
the AGREEMENT solely for the purpose of designating the common boundary
between the KCUSA and TUALATIN's urban planning area.
V. URBAN SERVICE PROVIDERS
A. The service provisions of this AGREEMENT,as described in Exhibits A through G,
establish the service providers and elements of urban services for the geographic area
covered in this AGREEMENT.
B. The following urban services are addressed in this AGREEMENT:
1. Fire Protection and Emergency Services (Exhibit A);
2. Public Transit(Exhibit B);
3. Law Enforcement(Exhibit C);
4. Parks,Recreation, and Open Space(Exhibit D);
5. Roads and Streets(Exhibit E);
6. Sanitary Sewer and Storm Water(Exhibit F); and
King City Urban Service Agreement
June 4,2007
Page 4
7. Water Service(Exhibit G).
VI. ASSIGNABILITY
No assignment of any party's rights or obligations under this AGREEMENT to a
different,new or consolidated or merged entity shall be effective without the prior
consent of the other parties affected thereby.
VII. EFFECTIVE DATE OF AGREEMENT
This AGREEMENT shall become effective upon full execution by all parties.
VIII. TERM OF THE AGREEMENT
This AGREEMENT shall continue to be in effect as long as required under state law.
The COUNTY shall be responsible for convening the parties to this AGREEMENT for
the review or modification of this AGREEMENT,pursuant to Section IX.
IX. PROCESS FOR REVIEW AND MODIFICATION OF THE AGREEMENT
A. The parties shall periodically review the provisions of this AGREEMENT in order to
evaluate the effectiveness of the processes set forth herein and to propose any
necessary or beneficial amendments to address considerations of ORS 195.070 and
ORS 195.075.
B. Any party may propose modifications to this AGREEMENT to address concerns or
changes in circumstances.
C. This AGREEMENT may only be changed by written consent of all affected parties.
Amendments to the exhibits of this AGREEMENT may be made upon written
consent of the parties identified in each exhibit.
D. The periodic review of this AGREEMENT and all proposed modifications to this
AGREEMENT shall be coordinated by the COUNTY. All requests for the periodic
review of this AGREEMENT and all proposed modifications shall be considered in a
timely manner and all parties shall receive notice of any proposed amendment. Only
those parties affected by an amendment shall sign the amended agreement.
E. Any party to this AGREEMENT who proposes a formation,merger,consolidation,
dissolution,or other major boundary change shall notify all other parties of the
availability of the reports or studies required by Oregon State Statutes to be prepared
as part of the proposal.
F. Amendments to this AGREEMENT that include boundary changes shall comply with
all applicable law,including but not limited to Oregon State Statutes and Chapter 309
of the METRO Code or its successor. If necessary,the METRO boundary.appeals
process shall be used to resolve conflicts between parties.
King City Urban Service Agreement
June 4,2007
Page 5
X. DISPUTE RESOLUTION
If a dispute arises between or among the parties regarding breach of this AGREEMENT
or interpretation of any term thereof,those parties shall first attempt to resolve the dispute
by negotiation prior to any other contested case process. If negotiation fails to resolve
the dispute, the parties agree to submit the matter to non-binding mediation. Only after
these steps have been exhausted will the matter be submitted to arbitration.
Step 1 —Negotiation. The managers or other persons designated by each of the disputing
parties will negotiate on behalf of the entities they represent. The issues of the dispute
shall be reduced to writing and each manager shall then meet and attempt to resolve the
issue. If the dispute is resolved with this step,there shall be a written determination of
such resolution signed by each manager,which shall be binding upon the parties.
Step 2—Mediation. If the dispute cannot be resolved within 30 days of initiation of
Step 1, a party shall request in writing that the matter be submitted to non-binding
mediation. The parties shall use good faith efforts to agree on a mediator. If they cannot
agree,the parties shall request a list of five mediators from an entity or firm providing
mediation services. The parties will attempt to mutually agree on a mediator from the list
provided,but if they cannot agree, each party shall select one name and the two
mediators shall jointly select a third mediator. The dispute shall be heard by the third
mediator and any common costs of mediation shall be borne equally by the parties,who
shall each bear their own costs and fees therefore. If the issue is resolved at this step,
then a written determination of such resolution shall be signed by each manager and shall
be binding upon the parties.
Step 3—Arbitration. After exhaustion of Steps 1 and 2 above,the matter shall be settled
by binding arbitration in Washington County, Oregon pursuant to ORS 190.710-790 or as
the parties may agree otherwise. The arbitration shall be before a single arbitrator. The
cost of arbitration shall be shared equally. The arbitration shall be held within 60 days of
selection of the arbitrator unless otherwise agreed to by the parties. The decision shall be
issued within 60 days of arbitration. The parties acknowledge that the arbitrator shall
have no authority to decide a legislative or quasi-judicial land use issue.
XI. SEVERABILITY CLAUSE
If any portion of this AGREEMENT is declared invalid or unconstitutional by a court of
competent jurisdiction, such portion shall be deemed a separate, distinct,and independent
provision and such holding shall not affect the validity of the remaining portions of this
AGREEMENT.
XII. SIGNATURES OF PARTIES TO AGREEMENT
In witness whereof,this AGREEMENT is executed by the authorized representatives of
the COUNTY,CITY,DISTRICTS, TIGARD, TUALATIN and METRO. The parties,
by their representative's signature to this AGREEMENT, signify that each has read the
AGREEMENT,understands its terms, and agrees to be bound thereby.
King City Urban Service Agreement
June 4,2007
Page 6
CITY OF KING CITY
By:
Ron Shay,Mayor Date
King City Urban Service Agreement
June 4,2007
Page 7
CITY OF TIGARD
By:
Craig Dirksen,Mayor Date
King City Urban Service Agreement
June 4,2007
Page 8
CITY OF TUALATIN
By:
Lou Ogden,Mayor Date
King City Urban Service Agreement
June 4,2007
Page 9
CLEAN WATER SERVICES
By:
Tom Brian, Chair Date
Board of Directors
Approved as to Form:
By:
District Counsel
King City Urban Service Agreement
June 4,2007
Page 10
METRO
By:
Council President Date
King City Urban Service Agreement
June 4,2007
Page 11
TIGARD WATER DISTRICT
By:
President Date
Board of Directors
King City Urban Service Agreement
June 4,2007
Page 12
TRIMET
By:
General Manager Date
King City Urban Service Agreement
June 4,2007
Page 13
TUALATIN VALLEY FIRE AND RESCUE DISTRICT
By:
Chairman,Board of Directors Date
•
King City Urban Service Agreement
June 4,2007
Page 14
WASHINGTON COUNTY
By:
Tom Brian, Chair Date
Board of Commissioners
Approved as to Form:
By:
County Counsel
King City Urban Service Agreement
June 4,2007
Page 15
•
EXHIBIT A
PROVISIONS OF AGREEMENT FOR FIRE PROTECTION
AND PUBLIC EMERGENCY SERVICES
TUALATIN VALLEY FIRE AND RESCUE DISTRICT, CITY and COUNTY agree:
1. That TVF&R is and shall continue to be the sole provider of fire protection services to the
King City Urban Service Area(KCUSA) shown on Map A.
2. That TVF&R,CITY and COUNTY are and shall continue to provide emergency
management response services to the KCUSA.
3. That TVF&R is and shall continue to be the sole provider of all other public emergency
services to the KCUSA, excluding law enforcement services.
King City Urban Service Agreement
June 4,2007
Page 16
EXHIBIT B
PROVISIONS OF AGREEMENT FOR PUBLIC TRANSIT SERVICE
TRIMET, CITY,COUNTY and METRO agree:
1. That TRIMET,pursuant to ORS Chapter 267, is currently the sole provider of public mass
transit to the King City Urban Service Area(KCUSA)shown on Map A. Future options for
public mass transit services to the KCUSA may include public/private partnerships to
provide rail or other transit service, CITY operated transit service, and transit service by one
or more public agency to all or part of the area.
2. That TRIMET shall work with the COUNTY,CITY, and METRO to provide efficient and
effective public mass transit services to the KCUSA.
King City Urban Service Agreement
June 4,2007
Page 17
EXHIBIT C
PROVISIONS OF AGREEMENT FOR LAW ENFORCEMENT
COUNTY and CITY agree that:
1. As annexations occur within the King City Urban Service Area shown on Map A,the CITY's
annexation ordinance shall withdraw the area from the Enhanced Sheriffs Patrol District and
the City shall provide law enforcement services.
2. The Sheriff's Office will consider requests to provide law enforcement services to the City
on a contractual basis consistent with the County's law enforcement contracting policy.
3. For the purposes of this Agreement,the County/Sheriffs Office and City shall work together
and with other cities to define the level of service being provided to residents of all local
jurisdictions in the County.
King City Urban Service Agreement
June 4,2007
Page 18
EXHIBIT D
PROVISIONS OF AGREEMENT FOR PARKS,RECREATION AND OPEN SPACE
CITY, COUNTY, and METRO agree:
1. That the CITY shall be the designated provider of park,recreation and open space services to
the King City Urban Service Area(KCUSA) shown on Map A. Actual provision of such
services by the CITY to lands within the KCUSA is dependent upon lands being annexed to
the CITY.
2. That standards for park,recreation, and open space services within the KCUSA will be as
described in the CITY'S park master plan.
3. That upon adoption of its park master plan,the CITY shall address all the lands within the
KCUSA.
4. That the CITY and COUNTY will coordinate with Metro to investigate funding sources for
acquisition and management of parks,which serve a regional function.
5. That Metro may own and be the provider of region-wide parks,recreation and open space
facilities within the KCUSA. Metro Greenspace and Parks facilities typically are to serve a
broader population base than services provided to residents of the KCUSA by the CITY.
Where applicable,the CITY,COUNTY, and METRO will coordinate park and recreation
facility development,management and services.
King City Urban Service Agreement
June 4,2007
Page 19
EXHIBIT E
PROVISIONS OF AGREEMENT FOR ROADS AND STREETS
CITY and COUNTY agree:
1. Existing Conditions and Agreements
A.The COUNTY shall continue to retain jurisdiction over arterials and collectors within the
King City Urban Service Area(KCUSA)that are specified on the COUNTY-wide
roadway system in the Washington County Transportation Plan. The CITY shall accept
responsibility for public streets, local streets,neighborhood routes and collectors and other
streets and roads that are not part of the COUNTY-wide road system within its boundaries
upon annexation if the street or road meets the agreed upon standards described in Section
2.0 (2)below. Currently,the arterial and collectors in the KCUSA are not part of the
COUNTY-wide roadway system.
B. The COUNTY and CITY agree to share equipment and services with emphasis on
tracking of traded services and sharing of equipment without resorting to a billing system,
and improved scheduling of services. Additionally,the COUNTY and CITY shall work
to improve coordination between the jurisdictions so that the sharing of equipment and
services is not dependent on specific individuals within each jurisdiction. The COUNTY
and CITY shall establish a uniform accounting system to track any sharing and provision
of services.
C. Upon annexation to the CITY,the annexed area shall no longer be served by the Urban
Road Maintenance District(URMD). The CITY's annexation ordinance shall withdraw
the area from URMD so that the property owners will not be assessed the URMD's tax
rate.
D. Upon annexation to the CITY,the CITY shall automatically assume responsibility for
street lighting on public streets and COUNTY streets and roads that will be transferred to
the CITY due to the annexation. The COUNTY shall inform PGE when there is a change
in responsibility for street lighting. When the annexed area is part of the Washington
County Service District for Street Lighting No. 1,the CITY's annexation ordinance shall
withdraw the area from that district.
2. Road Transfers
Transfer of jurisdiction may be initiated by a request from the CITY or the COUNTY.
A. Road transfers shall include the entire right-of-way and proceed in a logical manner that
prevents the creation of segments of COUNTY roads within the CITY'S boundaries.For
Beef Bend Road,where the right of way will be divided between two cities along the
centerline as noted in Sections III and N,jurisdiction will be transferred when the full
King City Urban Service Agreement
June 4,2007
Page 20
width of the right of way is within the adjacent cities. The jurisdiction of Beef Bend
Road will be transferred when the full width of the right of way is within the adjacent city
as described in Sections III and IV of this AGREEMENT.
B. Within thirty days of annexation,the CITY will initiate the process to transfer jurisdiction
of COUNTY and public streets and roads within the annexed area, including local streets,
neighborhood routes, collectors and other roads that are not on the COUNTY-wide road
system. The transfer of roads should take no more than one year from the effective date
of annexation.
C. The COUNTY:
(1) To facilitate the road transfer process,the COUNTY will prepare the exhibits that
document the location and condition of streets to be transferred upon receipt of a
transfer request from the CITY.
(2) Prior to final transfer,the COUNTY:
a. Shall complete any maintenance or improvement projects that have been planned
for the current fiscal year or transfer funds for those projects to the CITY.
b. Shall provide the CITY with any information it may have about any neighborhood
or other concerns about streets or other traffic issues within the annexed area.
This may be done by providing copies of COUNTY project files or other
documents or through joint meetings of CITY and COUNTY staff members.
c. Shall make needed roadway improvements so that all individual roads or streets
within the area to be annexed have a pavement condition index(PCI) of more
than 40 and so that the average PCI of streets and roads in the annexed area is 75
or higher. As an alternative to COUNTY-made improvements,the COUNTY
may pay the CITY'S costs to make the necessary improvements.
d. Shall inform the CITY of existing maintenance agreements,Local Improvement
Districts established for road maintenance purposes, and of plans for maintenance
of transferred roads. The COUNTY shall withdraw the affected territory from
any road maintenance LIDs formed by the COUNTY.
D. The CITY:
(1) Agrees to accept all COUNTY roads and streets as defined by ORS 368.001(1) and
all public roads within the annexed area that are not part of the COUNTY-wide road
system,provided the average PCI of all COUNTY and public roads and streets that
the CITY is to accept is 75 or higher as defined by the COUNTY'S pavement
management system. If any individual COUNTY or public street or road that the
CITY is to accept within the area has an average PCI of 40 or less at the time of
annexation,the CITY shall assume jurisdiction of the road or street only after-the
COUNTY has complied with Section 2.C.(2) of this exhibit.
King City Urban Service Agreement
June 4,2007
Page 21
(2) Shall,in the event the transfer of roads does not occur soon after annexation, inform
the newly annexed residents of this fact and describe when and under what conditions
the transfer will occur and how maintenance will be provided until the transfer is
complete.
E. The CITY shall be responsible for the operation,maintenance and construction of roads
and streets transferred to the CITY as well as public streets annexed into the CITY.
CITY road standards shall be applicable to transferred and annexed streets. The CITY
shall also be responsible for the issuance of access permits and other permits to work
within the right-of-way of those streets.
3. Road Design Standards and Review Procedures and Storm Drainage
The CITY and COUNTY shall agree on:
A. The CITY and COUNTY urban road standards and Clean Water Service standards that
will be applicable to the construction of new streets and roads and for improvements to
existing streets and roads that eventually are to be transferred to the CITY,and streets
and roads to be transferred from the CITY to the COUNTY;
B. The development review process and development review standards for COUNTY and
public streets and roads within the KCUSA, including COUNTY streets and public
streets and roads that will become CITY streets, and streets and roads that are or will
become part of the COUNTY-wide road system; and
C. Maintenance responsibility for the storm drainage on COUNTY streets and roads within
the KCUSA in cooperation with Clean Water Services.
4. Review of Development Applications and Plan Amendments
A. The COUNTY and CITY, in conjunction with other Washington County cities and the
Oregon Department of Transportation(ODOT), shall agree on a process(es) and review
criteria(e.g.,types and levels of analysis)to analyze and condition development
applications and plan amendments for impacts to COUNTY and state roads.
B. The review process(es),review criteria, and criteria to condition development and plan
amendment applications shall be consistent with the Oregon Highway Plan,the Regional
Transportation System Plan,COUNTY and CITY Transportation Plans and Chapter 6 of
METRO'S Urban Growth Management Functional Plan.
5. Maintenance Cooperation
A. The COUNTY and CITY shall consider developing an Urban Road Maintenance
Agreement within the KCUSA area for the maintenance of COUNTY and CITY
facilities.
B. The COUNTY and CITY,in conjunction with other Washington County cities,shall
develop a set of minimum right-of-way maintenance standards and levels of activity to be
King City Urban Service Agreement
June 4,2007
Page 22
V
used in performance of services provided under the exchange of services agreement
described above in Section 5.A.
C. The COUNTY may contract with the CITY for the maintenance of COUNTY streets and
roads within the KCUSA utilizing an agreed upon billing system.
6. Implementation
Within one year of the effective date of this AGREEMENT,the CITY and COUNTY agree
to develop a schedule that describes when the provisions of this exhibit shall be
implemented.
King City Urban Service Agreement
June 4,2007
Page 23
EXHIBIT F
PROVISIONS OF AGREEMENT FOR SANITARY SEWER
AND STORM WATER MANAGEMENT
CLEAN WATER SERVICES (CWS), CITY and COUNTY agree:
•
1. As a county service district organized under ORS 451, CWS has the legal authority for the
sanitary sewage and storm water(surface water)management within the CITY and the urban
unincorporated area. CWS develops standards and work programs, is the holder of the
National Pollutant Discharge Elimination System(NPDES)Permit, and operates the sanitary
sewage treatment plants.
2. Consistent with Section 1 above, the operating agreement between the CITY and CWS
describes the local sanitary sewer and storm water services tasks each party performs within
the CITY. This agreement shall be modified by the CITY and CWS on an as-needed basis.
3. CWS responsibilities for the King City Urban Service Area under the current CITY/CWS
operating agreement are:
A. Operation,maintenance and repair of the sewer and storm water systems,including the
inspection,installation and rehabilitation of sewer and storm water facilities, engineering
plan review and issuance of necessary permits; and
B. Master and watershed planning.
(1) Watershed plans prepared by CWS for storm water management shall address the
major collection system as well as the open-channel system to identify projects for
funding; and
(2) The CITY will be permitted to conduct such planning as long as such plans meet
CWS standards. CWS and the CITY shall use uniform standards, such as computer
modeling,to conduct such studies. CWS and the CITY shall determine their
respective cost-sharing responsibility for conducting such studies.
4. CWS and the CITY,in conjunction with other Washington County cities using the
City/District Committee established by CWS, shall develop uniform procedures for the
coordination and participation between CWS,the CITY and other cities when doing master
and watershed planning.
King City Urban Service Agreement
June 4,2007
Page 24
Y
EXHIBIT G
PROVISIONS OF AGREEMENT FOR WATER SERVICE
TIGARD WATER DISTRICT(TWD),CITY and COUNTY agree:
1. Supply:
A. TWD shall continue to provide water service to all unincorporated properties in the King
City Urban Service Area(KCUSA)pursuant to the Intergovernmental Agreement
between TWD and TIGARD effective January 1, 1994. The CITY shall be the water
provider to the incorporated area of the KCUSA pursuant to the Intergovernmental
Agreement between CITY and TIGARD effective January 1, 1994. Properties that annex
to the CITY shall be withdrawn from the TWD and water service shall then be provided
by the CITY.
B. Future supply and conservation issues between the CITY,TWD and TIGARD may be
addressed through the Intergovernmental Water Board established by the IGAs to the
extent reasonable and practicable for these water providers. Future supply and
conservation issues may also be addressed through the Regional Water Consortium
(Consortium) to the extent reasonable and practicable for water providers in Washington
County. Water providers in the KCUSA shall also participate in the Consortium and may
use it as a forum for raising, discussing and addressing supply issues.
C. The Consortium may also serve as a forum to discuss and resolve water political issues to
the extent reasonable and practicable for water providers in Washington County. The
Consortium is an appropriate forum to bring elected officials together and for promoting
more efficient working relationships on water supply and conservation issues.
D. Intergovernmental agreements shall address ownership of interconnections between
CITY and TWD sources for the purpose of wholesale provision of water from one entity
to the other,for emergency use, or in the case of a boundary change that involves the site
of the interconnection.
2. Maintenance/Distribution:
A. TWD and the CITY do not anticipate any events in the foreseeable future that would
necessitate maintenance,rehabilitation or replacement beyond the fmancial reach of any
of the water providers in the KCUSA. Each provider will continue to be responsible for
providing the financial revenue stream through rates and charges and to accrue adequate
reserves to meet foreseeable major maintenance needs in the KCUSA.
B. TWD, CITY, and COUNTY agree to maintain and participate in the Cooperative Public
Agencies of Washington County in order to efficiently share and exchange equipment
and services.
King City Urban Service Agreement
June 4,2007
Page 25
C. To the extent reasonable and practicable,TWD, TIGARD and the CITY shall coordinate
state-mandated underground utility locating services to efficiently provide service within
the urban service area.
D. TWD,TIGARD and CITY agree to provide to one another copies of as-builts of existing
and new facilities and other types of water system maps for the purposes of facilitating
planning, engineering and design of other utilities or structures that may connect,
intersect or be built in proximity to CITY facilities. The CITY agrees to incorporate such
mapping into its GIS mapping system of utilities and other facilities. TWD, TIGARD
and CITY agree to develop and maintain a common, ongoing,up-to-date GIS mapping
system showing water facilities within the KCUSA.
3. Customer Service/Water Rates:
A. Price of supply and bonded indebtedness will most likely have the greatest impact on
rates.
B. TWD and the CITY believe that rates are equitable within the KCUSA.
C. Given adequate water pressure,the level and quality of service should not be an issue for
most customers.
4. Withdrawal/Annexation/Merger:
Modifications to the current jurisdictional boundary of a water provider shall comply with
the provisions of Sections IX. E. and F. and any applicable law, including but not limited to
State Statutes and the METRO Code. TWD and the CITY shall continue to work together to
adjust boundaries as appropriate to improve the cost-effectiveness and efficiency of
providing service.
wpshare\SB122\King City\USA\Urban Service Agreement\Final_KCUSA_6-04-07.doc
King City Urban Service Agreement
June 4,2007
Page 26
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WASHINGTON COUNTY
OREGON
July 9, 2007
To: David Wells, City of King City
Dennis Koellermeier, Tigard Water District
Alec Jensen, Tualatin Valley Fire &Rescue
Tom Coffee, City of Tigard
Melissa Hardy, City of Tualatin
Ray Valone, Metro
Jillian Detweiler, TriMet
From: Robert Davis, 110, Administrator
Subject: Addendum to King City Urban Service Agreement
After preparation and distribution of the final King City Urban Service Agreement (KCUSA) for
adoption by the affected local governments, the City of Tualatin requested further clarification of
their role as a party to the agreement.
An addendum to the KCUSA was written to clarify that the City of Tualatin is bound by the
KCUSA only for purposes of designating the common boundary between the King City Urban
Service Area and Tualatin's urban planning area and the City has no other obligations or
responsibilities regarding the remaining portions of the agreement.
Two copies of this addendum are enclosed for action by your elected officials. Please return one
copy of the signed addendum to Linda Schroeder at the address shown below. The second copy
is for your records. We will send you a copy of the fully executed KCUSA and addendum when
we have received signed copies of both documents from all parties.
•
Return one signed conn to
Washington County
Attn: Linda Schroeder
DLUT—Planning Division
155 N. First Avenue, Suite 350-14
Hillsboro, OR 97124-3072
If you have questions, please contact Linda Schroeder at 503-846-3962.
S:\PLNG\WPSHARE\SBI22\KING CITY\USA\Urban Service AgreementlFinal USAUCCUSA_Addendum\transmittal_for KCUSA_Addendumdoc
County Administrative Office
155 North First Avenue, Suite 300, MS 21, Hillsboro, OR 97124-3072
phone:(503)846-8685•fax:(503)846-4545
Distributed to TWD Members
Via: 0E-mail f 'Mail O In-person at meeting
ADDENDUM TO
KING CITY URBAN SERVICE AGREEMENT
This ADDENDUM to the King City Urban Service Agreement ("KCUSA" or
"AGREEMENT")is made and entered into by and between Washington County, a
municipal corporation of the State of Oregon, including its service districts other than
Clean Water Services, hereinafter "COUNTY", the City of King City,municipal
corporation of the State of Oregon, hereinafter"CITY", the City of Tigard,municipal
corporation of the State of Oregon, hereinafter"TIGARD",the City of Tualatin,
municipal corporation of the State of Oregon,hereinafter"TUALATIN",Metro, a
metropolitan service district of the State of Oregon, hereinafter"METRO",and the
following Special Districts of the State of Oregon, hereinafter"DISTRICTS":
Clean Water Services ("CWS");
Tigard Water District ("TWD");
TriMet ("TRIMET"); and
Tualatin Valley Fire and Rescue District(TVF&R")
RECITALS
WHEREAS, Section IV(B)of the KCUSA states that TUALATIN is a party to that
AGREEMENT solely for the purpose of designating the common boundary between the
KCUSA and TUALATIN's urban planning area;
WHEREAS, certain Sections of the KCUSA use the term"parties" or"any party" or
other variations without expressly excluding TUALATIN creating some ambiguity as to
whether TUALATIN is bound by the KCUSA other than for the purpose of designating
the common boundary between the KCUSA and TUALATIN's urban planning area;
WHEREAS, TUALATIN and the parties wish to clarify that TUALATIN is a party to the
KCUSA solely for the purpose discussed under Section IV(B)and is not obligated to the
roles and responsibilities provided in the remainder of KCUSA.
NOW THEREFORE, the premises being in general as stated in foregoing recitals, it is
agreed by and between the parties to include the following text as an addendum to the
KCUSA as follows:
TUALATIN is a party to the AGREEMENT solely for the purpose of designating the
common boundary between the King City Urban Service Area and TUALATIN's urban
planning area and for no other purpose. To achieve that limited purpose TUALATIN is
bound only by Sections IV, VII, VIII, XI and XII of the KCUSA relating to the common
boundary with the CITY and the effective date,term, signature and severability Sections
of the AGREEMENT and not the remaining Sections of the AGREEMENT concerning
the roles and responsibilities of the remaining parties. -
Addendum to King City Urban Service Agreement
June 29,2007
Page 1
CITY OF KING CITY
By:
Ron Shay,Mayor Date
Addendum to King City Urban Service Agreement
June 29,2007
Page 2
CITY OF TIGARD
By:
Craig Dirksen, Mayor Date
Addendum to King City Urban Service Agreement
June 29,2007
Page 3
CITY OF TUALATIN
By:
Lou Ogden,Mayor Date
•
Addendum to King City Urban Service Agreement
June 29,2007
Page 4
CLEAN WATER SERVICES
By:
Tom Brian, Chair Date
Board of Directors
Approved as to Form:
By: _
District Counsel
Addendum to King City Urban Service Agreement
June 29,2007
Page 5
METRO
By:
Council President Date
Addendum to King City Urban Service Agreement
June 29,2007
Page 6
TIGARD WATER DISTRICT
By:
President Date
Board of Directors
Addendum to King City Urban Service Agreement
June 29,2007
Page 7
TRIMET
By:
General Manager Date
Addendum to King City Urban Service Agreement
June 29,2007
Page 8
TUALATIN VALLEY FIRE AND RESCUE DISTRICT
By:
Chairman, Board of Directors Date
Addendum to King City Urban Service Agreement
June 29,2007
Page 9
WASHINGTON COUNTY
By:
Tom Brian, Chair Date
Board of County Commissioners
Approved as to Form:
By:
County Counsel
Addendum to King City Urban Service Agreement
June 29,2007
Page 10
City of Tigard
Tigard Water District(TWD)
Scope of Services(Based on current Board activity levels)
Annual
These are the duties that we perform on a weekly,monthly,or annual basis: Frequency Time
Financial/IT
#1 Maintain general ledger for TWD in a separate fund(#130)for all activities. Includes Monthly 2
tracking revenues,expenses and other accounting functions as needed.
#2 Process and pay any bills/invoices associated with the TWD. Monthly 2
#3 Record monthly interest earnings. Monthly 2
#4 Post tournal entnes to record City staff time spent on TWD duties. As Needed 1
#5 Compile and present to Board and Budget Committee the annual proposed budget for TWD. Annual 10
After receiving input from Board and Budget Committee,prepare the budget for approval and
adoption. This also includes sending information to the Tigard Times newspaper for the required
advertisement per Oregon Budget Law.
#6 After year-end,complete the annual financial report. This report,the"Report in Lieu of Audit", Annual 3
is then sent to the Secretary of State-Division of Audits in Salem,Oregon.
Subtotal 20
*** There are a couple of tasks we do for TWD which we would continue to do even after the October
transition.
a One would be the annual revenue check that TWD receives from the City. Per the IGA,TWD is
to receive revenue of 1°o of the gross water sales us the unincorporated area. The sales are based on
a calendar year so the check is done in January each year.
(Currently this process is done with a journal entry,but once the City no longer is doing the books
for TWD a check would be sent out just like itis for the City of Durham and the City of Bing City.)
b The other item we would continue to do would be the processing of utility bills,meter reading,and
turn-offs.
Records
#7 Archival support,strorage,maintaining and indexing all TWD records,responding to requests. As needed 12
Subtotal 12
Administrative
Schedule rooms,prepare agenda packets,post meeting notices,web postings,packet delivery,secure
#8 meeting equipment,room setup,refreshments,attend meeting to record,prepare draft minutes. monthly 150
#9 Election activities,SDAO contacts,register board members for events,process invoices,misc. as needed 56
Subtotal 206
Manager
Develop agendas and packet materials,research items,review and respond to correspondence,attend all
board meetings,manage press activities and interactions,work w/chair and attorney on issues,coordinate
#10 w/other organizations 722
Subtotal 72
Total ` 310'
II II II i II
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Tigard Water .District ,Boar . Members
2007
,N.arne Address Phone Number Position at Term Expiration
Julie Russell 12662 SW Terraview Drive (503) 603-9152 (home) #1 June 30, 2009
Tigard, OR 97224 (503) 312-9163 (cell) (2-yr. term)
jarusse1159@comcast.net
Bert Cornick 14640 SW 141St Avenue (503) 590-6402 (home) #2 June 30, 2009
Tigard, OR 97224 (503) 524-6872 (fax) (2-yr. term)
bcornick@comcast.net (503) 495-5016 (work)
(503) 869-2121 (cell)
Ken Henschel 14530 SW 144' Avenue (503) 579-8375 (home) #3 June 30, 2011
Tigard, OR 97224 (4-yr. term)
Ken.Henschel@comcast.net
Kinton Fowler 16170 SW Hazeltine Lane (503) 524-6680 (home) # 4 June 30, 2011
Tigard, OR 97224 (4-yr. term)
kintonfowler@verizon.net
Charles Radley 15729 SW Colyer Way (503) 579-4686 (home) #5 June 30, 2011
Tigard, OR 97224 (503) 578-6358 (fax) (4-yr. term)
cfrjlr@gmail.com (503) 624-1951 (work)
{503) 320-3529 (cell)
Joy Koss 13125 SW Hall Blvd. (503) 718-2591 TWD Recorder
Tigard, OR 97223 (503) 718-2401 (fax)
JOY@tigard-or.gov
I:\pw\twd\2007 Roster.doc
TIGARD WATER DISTRICT
8777 S.W.BURNHAM ST
P.O.BOX 230000
TIGARD.OREGON 97281-1999
PHONE t503:639-1553
August 27,2007
Rules for Public Participation at District Meetings
According to the Attorney General's Public Records and Meetings Manual (December,2005),
the Chair or presiding officer of any official public meeting has inherent authority to keep order
and to impose any reasonable restrictions necessary for the efficient and orderly conduct of a
meeting. If public participation is part of the meeting,the presiding officer may regulate the
order and length of ,r;,4.4nces and limit appearances to presentations of relevant points. Any
person who fails to comply with reasonable rules of conduct or who causes a disturbance may be
asked or required to leave and upon failure to do so becomes a trespasser. See page 126 and the
authorities listed by the Attorney General.
Charles F.Radley,Chairman
Tigard Water District
cc: Board of Commissioners
Tigard Water District
Sign-in Sheet for
Tigard Water District Meeting
August 27, 2007
Name and Address Would you like to
(Please Print) speak to the Board?
fawibaita., z n ci_ n
. � a