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11/15/1993 - Minutes TIGARD WATER DISTRICT BOARD OF COMMISSIONERS SPECIAL MEETING MINUTES November 15, 1993 Board of Commissioners Present: John Haunsperger, Chair; George Morgan; Beverly Froude; Lou Ane Mortensen and Art Pedersen Staff Present: David Knowles, Attorney; George Mardikes, Attorney and Leslee Gemmill Visitors: Linda Whalen and Betty Polson (for a brief time) 1. Call to Order The meeting was called to order at 7:05 p.m. 2. Minutes of November 2, 1993 meeting Art Pedersen motioned to approve the minutes as submitted and George Morgan seconded the motion. A voice vote was taken and the motion passed unanimously. 3. Visitors Guest Linda Whalen expressed her concerns about several issues to the attention of the Board: 4. There was lengthy discussion regarding the many recent letters and communications written to and from the City of Tigard regarding the City's efforts to form a water department. One avenue the TWD Board is still willing to accept is an arrangement where JWA would contract with the City of Tigard for the delivery of water and the City would become the manager of the water system. It is the opinion of the City's legal counsel during a recent conversation with David Knowles that this idea hasn't been fully considered by the City and still may be an option for consideration. Further discussion included the limited options available to this Board and pertinent concerns about including future unincorporated development/growth management, uniform service and rates, existing water contracts and the division of assets. The Board agreed that effective communication with the City of Tigard is important however meeting with the council tomorrow evening at 7 pm is premature at this time and a date in the immediate future should be considered for such a meeting. George Morgan motioned that the Board (1) seek proposals from not less than two qualified consulting engineering firms for the allocation of assets and (2) move forward expeditiously to contract for the fulfillment of a proposal. Art Pedersen seconded the motion. Hearing no discussion, a voice vote was taken and the motion passed unanimously. Tigard Water District Special Meeting Minutes November 15, 1993 At this time, the Board discussed certain areas of the proposed Intergovernmental Agreement Between the City of Tigard and the Tigard Water District for Delivery of Water Service to Territory Within the District Boundaries. Because the agreement wasn't received by Board members prior to this meeting, each Commissioner was asked to review the agreement in detail and make any suggestions, additions, deletions and corrections available to Leslee as soon as possible for transmittal to George Mardikes in preparation for John Haunsperger's meeting on Wednesday, November 17 at 5:30 pm with the mayors of King City, Durham and Tigard. Chair Haunsperger called for a recess at 9:45 pm. The meeting reconvened at 9:52 pm. Commissioner Morgan motioned that Tigard Water District agree to the City of Tigard becoming a water system provider subject to conditions that rates and conditions of service be equal for both the City of Tigard and unincorporated rate payers and undeveloped properties . Commissioner Morgan further motioned that the City of Tigard demonstrate an ability to become an active participant in the formation or support of a regional or sub-regional water supply network in order to provide District customers with reliable sources of potable water delivered at the lowest uniform cost. Commissioner Froude seconded the motion. After discussion, a voice vote was taken and the motion was approved unanimously. 5. At 10:10 pm, the Tigard Water District Board of Commissioners went into Executive Session under the provision of ORS 192.660(1)(h) for consultation with legal counsel concerning legal rights and duties. At 10:35 p.m., the special meeting of the Tigard Water District reconvened. Commissioner Morgan motioned that Tigard Water District Chair be authorized to consent to continuation of legal service of Davis Wright Tremaine conditional on the acceptance of the proposed draft outlining the possible conflict of interest dated November 15, 1993 forwarded to the City of Tigard. 6. The next scheduled meeting of the Tigard Water District Board of Commissioners has been scheduled for Monday, November 22, 1993 at 6:30 pm. 7. The meeting adjourned at 10:50 pm. APPROVED A rI John '. aunsp-Ter, Chair November 22, 1993