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Ordinance No. 3-93 • RETURN TO: 93062315 Washington County ` TIGARD WATER DISTRICT 8777 S.W.BURNHAM ST. P.O.BOX 230000 TIGARD,OREGON 97281-1999 0411, PHONE(503)639-1554 TIGARD WATER DISTRICT ORDINANCE NO. 3-93 An ordinance adopting an Interim Intergovernmental Agreement for creation of a Joint Water Agency and declaring an emergency. 1 --9 , TIGARD WATER DISTRICT ,..•• Ordinance 3-93 An ordinance adopting an Interim Intergovernmental Agreement for creation of a Joint Water Agency and declaring an emergency. Whereas, Tigard Water District (the "District") is a domestic water supply district existing under ORS 264 which provides domestic water service to residences and businesses located in Tigard, Durham, King City, and certain unincorporated areas of Washington County; and Whereas, Tigard, Durham and King City have enacted ordinances withdrawing their respective territories from the District; and Whereas, Tigard, Durham, King City and the District are currently evaluating the most efficient long term structure for providing domestic water service and wish to continue this evaluation after July 1, 1993; and Whereas, to provide interim governance of the water supply system, Tigard, Durham, King City and the District desire to form a joint water agency pursuant to ORS 190.003, et seq. Now, therefore, the District ordains as follows: 1. The Interim Intergovernmental Agreement for Creation of a Joint Water Agency, attached hereto as Exhibit A, is approved. The Chair of the District is hereby authorized and directed to execute and deliver the Agreement on behalf of the District. 2. The Board of Commissioners of the District declares that a state of emergency exists and directs that this ordinance be effectively immediately upon its approval. Chair of the Bo jai / ATTEST: June 29 , 1993 Cwt., • 0 Le%� A inistrative Director CITY OF TIGARD, OREGON ORDINANCE NO. 93- /(P AN ORDINANCE OF THE CITY COUNCIL, CITY OF TIGARD, OREGON, RATIFYING THE �.. CREATION OF A JOINT WATER AGENCY AS SPECIFIED IN THE INTERIM INTERGOVERNMENTAL AGREEMENT APPROVED BY THE CITY COUNCIL ON JUNE 24, 1993 AND DECLARING AN EMERGENCY WHEREAS, the Tigard City Council, at a Special City Council meeting held June 24, 1993, approved an Interim Intergovernmental Agreement (Agreement) between the Tigard Water District, City of Durham, City of King City and the City of Tigard; and WHEREAS, the effective date of said Agreement is July 1, 1993; and WHEREAS, the Agreement specifies that the Tigard City Council as party to said Agreement must ratify the creation of the Agency prior to the effective date by Ordinance. THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: Conditions of Page 5, Section 11 of said Agreement are fulfilled by the attachment of said Agreement to this Ordinance, marked "Exhibit A" and, by reference, is incorporated herein. SECTION 2: Said Agreement declares the intent of the City of Tigard to create the Agency; specifies the effective date of said Agreement; sets forth the public purposes for which '•10,0 the Agency is created; and describes the powers, duties and functions of the Agency. SECTION 3: An emergency is hereby declared to exist inasmuch as it is necessary for the health, safety, and welfare of the City that this ordinance be enacted as soon as possible, therefore, this ordinance shall become effective upon its signing by the appropriate authority. PASSED: By G44/70/q4400.40 vote of all Council members present�4after being read by number and title only, this Z ?7 day of -t, d , 1993. id/ if HA fC Eliz h ' - •. , Deputy City Recorder 0,"; • -4 .• CI 1 ROVED C 1s�y. / day of /f`/ ' • / , 1993. :c (5, '• ..�•.:� �;3-.(3 . erald R. dwards, Mayor :7g) o f • CAttorn- Certified to be a True Copy of Date: ��") /. Original on file Ord q3 - I t, h:\login\ca / CIAAVLixte ORDINANCE No. 93- /(( By: e U) Page 1 City Recorder- City of Tigard Date: &D/0)8 4_3 INTERIM INTERGOVERNMENTAL AGREEMENT FOR CREATION OF A JOINT WATER AGENCY BETWEEN: TIGARD WATER DISTRICT, (the "District") OREGON •AND: CITY OF TIGARD, OREGON ("Tigard") AND: CITY OF DURHAM, OREGON ("Durham") AND: CITY OF KING CITY, OREGON ("King City") Recitals: A. The District is a domestic water supply district existing under ORS 264. The District provides domestic water service to residences and business located in Tigard, Durham, King City and certain unincorporated areas of Washington County. B. Tigard, Durham and King City (collectively, the "Cities") have enacted ordinances pursuant to ORS 222, effective July 1, 1993, withdraiing their respective territories from the District (the "Withdrawal") . ,ow C. Tigard, Durham, King City and the District are currently evaluating the most efficient long-term structure for providing domestic water service and wish to continue this evaluation after July 1, 1993. Pending completion of this evaluation, Tigard, Durham, King City and the District desire to provide an interim form of governance for the provision of water service. D. To provide interim governance of the water supply system, Tigard, Durham, King City, and the District (individually, a "Party" or collectively, the "Parties") desire to form a joint water agency (the "Agency") pursuant to ORS 190.003 et sea and this Intergovernmental Agreement ("Agreement") , to provide domestic water service for a period of six months, effective July 1, 1993, to businesses and residences currently. served by the District and to ensure that such businesses and residences receive equitable service regardless of where they are located. Agreements: • The parties therefore agree as follows: INTERGOVERNMENTAL AGREEMENT - PAGE 1 f:\79\790026\2\intrgov9.agt 6/18/93 a 3:00am 1. Purpose. The purpose of the Agency is to deliver supplies of domestic water to residences and businesses within the boundaries '" of the Agency. 2. Term. The term of the Agreement shall be July 1, 1993 through December 31, 1993, unless sooner terminated by the unanimous agreement of the Parties. This Agreement may be renewed by unanimous agreement of the parties. Further, the parties agree that they shall produce a draft final agreement within 60 days of the effective date of this Agreement. 3. Boundaries. The initial boundaries of the Agency shall be the same as the boundaries of the District existing on June 30, 1993. 4. Governance. - A. Composition of Board of Directors,. The Agency shall be governed by a seven (7) member Board of Directors (the "Board") appointed by, responsible to and acting on behalf of Tigard, Durham, King City and the District. Each of the Parties shall appoint the following number of directors to the Board: Tigard 4 Directors Durham 1 Director King City 1 Director District 1 Director vow__ The directors may be private citizens, elected officials or appointed officials of the Party making the appointment. Each _director shall serve at the pleasure of the Party appointing that director. No more than two of the appointments made by Tigard shall be appointed officials of the City of Tigard. Two of the Directors appointed by Tigard shall be selected from the members of the Board of the District serving as of June 15, 1993. The Board shall have a Chair and a Vice-Chair who shall be selected by a vote of the members of the Board in accordance with subsection C. of this section. B. Terms of the Directors. The directors shall serve a term from July 1, 1993 through December 31, 1993 . C. Ouorum/Votes. A quorum of the Board shall be five (5) directors. All actions of the Board shall require five votes. D. Powers of the Board of Directors,. On behalf of the Agency the Board shall have all powers, rights and duties relating to the Purpose of the Agency that are vested by law in each of the Parties to this Agreement, and their officers and agencies. The Board shall also have the power to adopt all rules necessary to carry out the powers and duties of the Agency under this Agreement. INTERGOVERNMENTAL AGREEMENT - PAGE 2 f:\79\790026\2\intrgov9.agt 6/18/93 a 3:00am 5 5. Asset Ownership/Water Rates/Revenues. Naar A. Generally. If, during, the term of this Agreement, any assets (both real and personal property) of the District are received by Tigard, Durham and King City from the District as a result of the Withdrawal, those assets shall be contributed to and utilized by the Agency for Agency operations. The District shall also contribute its property to the Agency for Agency operations. B. Division of Assets. Each Party acknowledges the rights of the other Parties to a division of assets pursuant to ORS 222.540. The Parties desire to avoid such a division and agree not to seek such a division during the term of this Agreement. C. Use of Assets/Revenues for Non-Water Purposes. The assets and revenues of the Agency shall not be used for non-water related purposes. • (i) Revenues may not be utilized for the general fund purposes of any Party to this Agreement. Water rate payers shall not be required by the Agency or any Party to this Agreement to pay a franchise fee or other assessment. (ii) The restriction set forth in this section shall be sufficiently flexible to permit consolidation of some functions, (e.g. functions related to water and sewer 4440•• service) to achieve efficiencies. D. Uniform Rates. The rates charged by the Agency for providing water service to residences and businesses shall be uniform within the boundaries of the Agency. Notwithstanding the foregoing, the Agency may impose higher rates for providing water service to residences and businesses when the cost of providing such service is greater due to unusual circumstances, including but not limited to additional costs to pump water uphill to reach customers. Any higher rates imposed for providing water service shall be limited to covering the actual additional costs of providing such service. E. Use and Location of Assets. The assets of the Agency shall be used to ensure a uniform level and quality of service for all residences and businesses within the boundaries of the Agency. Consistent with sound operating practices, all newly acquired fixed assets of the Agency shall be equitably located within the boundaries of each of the Parties. Notwithstanding the foregoing, assets shall be placed in the location which will produce the greatest efficiency and highest quality of service for the residences and businesses served by the Agency. Furthermore, nothing in this Agreement shall preclude placing the Agency's fixed 'assets in a location outside the boundaries of the Agency, provided w,,,,,. INTERGOVERNMENTAL AGREEMENT - PAGE 3 f:\79\790026\2\intrgov9.agt 6/18/93 a 3:00am that such a location results in greater efficiency and quality of service than any other location within the boundaries of the *Mime Agency. 6. Agency Budget. The expenses and revenues of the Agency shall be budgeted and accounted for as provided by Local Budget Law. 7. Apportionment of Debt. The debts, liabilities and obligations of the Agency incurred during the term of this Agreement shall be, jointly and severally, the debts, liabilities and obligations of the Parties to this Agreement. 8. Indebtedness of the District. A. Changes in Tax Coordination. The Withdrawal of the Cities results in changes in tax coordination with respect to the outstanding general obligation indebtedness and the liabilities of the District. The - Parties shall within 90 days of the effective date of this Agreement determine their respective share of the indebtedness and liabilities and shall reach agreement among themselves and with the Washington County Assessor for continued payments on such indebtedness and liabilities. B. The Parties have previously determined that assumption of their respective portions of the District's outstanding bonded indebtedness will not bring the total of their individual obligations above any Constitutional or statutory debt limitation applicable to such Parties. 9. Employee Benefits/Personnel. All employees of the District shall become employees of the Agency. The Agency shall accept such employees with all existing benefits and salary, including, but not limited to, health, retirement, disability insurance, wages, vacation and compensatory time. Nothing in this subsection is intended to limit the Agency's authority to alter benefits or salary except as such authority is otherwise limited by this Agreement or by the provisions of ORS 236.605 to 236.650. If, during the term of this Agreement, the Agency proposes to lay off transferred employees of the District, such employees shall be entitled to a minimum of six (6) months advance written notice before the effective date of the layoff. 10. Expenditures. The Parties acknowledge that the withdrawals by Tigard, King City and Durham will significantly impact the operations of the District. During the term of this Agreement, the Parties desire to maintain the District as a viable unit of government. Accordingly, the Parties agree that the Agency will fund all reasonable and necessary expenses of the District and shall provide such staff assistance as is reasonably necessary. INTERGOVERNMENTAL AGREEMENT - PAGE 4 f:\79\790026\2\intrgov9.agt 6/18/93 a 3:00am 11. Ordinance Ratifying this Agreement. Prior to the effective date of this Agreement, each of the Parties shall enact an ,..w ordinance ratifying the creation of the Agency. The ordinance shall declare that it is the intent of the governing body of the Party enacting the ordinance to create the Agency by this Agreement; specify the effective date of this Agreement; set forth the public purposes for which the Agency is created; and describe the powers, duties and functions of the Agency. Not later than thirty (30) days after the effective date of this Agreement the Parties shall file with the Secretary of State copies of the ordinances together with a statement containing the name of the Agency, the Parties to this Agreement, the purpose of this Agreement and the effective date of this Agreement. 12. Effective Date. The effective date of this Agreement is July 1, 1993. DATED this Zru 7 day of vL( i 'i , 19 . TIGARD WATER DISTRICT, OREGON By: ` • ( . /./4. - Attest: CITY •F ARD; OREGON By. ��Z .�Z= Attest: 1 LAG ��� �1%1���� �i/crri r2,/fffUA1' ! 9 ,r _ ;�= .//710 y q CITY OF DURHAM, 0 GON By: `` e%el')i. mac" 17-." Attest: CITY OF KING CITY, OREGON Attest: C�N1S C� �, INTERGOVERNMENTAL AGREEMENT - PAGE 5 f:\79\790026\2\intrgov9.agt 6/18/93 a 3:00am TIGARD WATER DISTRICT 4,,,,,,, 8777 SW Burnham Street Tigard, OR 97223 Ordinance 3-93 (THIS PAGE LEFT BLANK) STATE OF OREGON County of Washington SS I,Jerry R.Hanson,Director of Assessment and Taxation and Ex-Officio Recorder of Con- veyances for said county, do hereby certify that the within instrument of writing was received and recorded in book of records of said county. Jerry R. Hanson, Director of Assessment and Taxation, Ex- Officio County Clerk ,440,0 Doc : 93062315 Rect: 105250 53 . 00 08/03/1993 01 : 50: 32PM