12/14/1993 - Minutes TIGARD WATER DISTRICT
BOARD OF COMMISSIONERS
SPECIAL MEETING MINUTES
December 14, 1993
7 p.m.
Commissioners Present: John Haunsperger, Chair; Beverly Froude, George Morgan, Art
Pedersen and Lou Ane Mortensen (arrived at 7:12 p.m)
Staff Present: George Mardikes, Attorney and Leslee Gemmill
1. Call to Order
The meeting was called to order at 7:02 p.m.
2. Minutes of December 7, 1993 Meeting
Commissioner Morgan motioned to approve the minutes as submitted and Beverly Froude
seconded the motion. A voice vote was called for and the motion was approved unanimously.
3. Continue Review of City of Tigard's Proposed Agreement regarding Formation of a
City Water Department and its impact on the Water District.
Attorney Mardikes and Chair Haunsperger outlined for the commissioners the amendments to the
proposed draft intergovernmental agreement between the City of Tigard and the Tigard Water
District for delivery of water service to territory within the district boundaries as a result of the
December 9 meeting between city and district representatives and attorneys.
The areas of particular interest discussed in detail are as follows:
a. Capital Improvement Plan
George Mardikes addressed the revised wording in the Agreement on page 7 paragraph B which
envisions 3 out of the 4 jurisdictions approving the capital improvement plan with mediation
available if necessary under ORS Chapter 36. There was discussion regarding whether or not the
mediation should be binding and Attorney Mardikes agreed to look into the interpretation of the
ORS. On page 8, paragraph C an updated capital improvement plan to be done by June 30, 1994
was pointed out.
b. Termination of Agreement
The Board recommends that the Agreement be amended to read "either party may terminate the
Agreement by providing written notice to the other party a minimum of ten years prior to the
effective date of termination" on page 2, item#3.
Tigard Water District
December 14, 1993
c. 1% Rebate
The Tigard Water District Board was asked by the participants in the proposed intergovernmental
agreement to prepare a budget based on anticipated costs for the next 18 months. The
determined dollar amount would then be set aside in a fund dedicated for the operation of the
TWD and the fund be replenished with the 1% rebate. City of Tigard offered financial assistance
to TWD at the December 9 meeting to help prepare a budget along with a verbal agreement that
the City would pay for the engineering, staff and legal assistance for the allocation of assets.
d. Division of Assets
There was lengthy discussion regarding various methodologys that can be used for the division of
assets. At 8:36 p.m., the Tigard Board of Commissioners went into Executive Session under the
provisions of ORS 192.660(1) (e) (h) and (j) to discuss real property transactions, public
investments and possible litigation.
The special meeting of the Board of Commissioners reconvened at 9:39 p.m.
Commissioner Morgan outlined for the Board, appropriate and necessary steps to seek proposals
for the allocation of assets. After the discussion, Commissioner Morgan motioned that the Board
proceed to seek proposals for the allocation of assets and rely on legal counsel to prepare a rough
specification, time schedule and if necessary seek outside assistance in preparing the documents
needed to initiate the process and the time schedule be presented at the next board meeting for
future planning. Commissioner Mortensen seconded the motion. Hearing no further discussion, a
voice vote was called for and the motion passed unanimously.
Other Business
Commissioner Morgan asked about the status of the conflict of interest letter previously
submitted for review. Attorney Mardikes informed the Board that a revised version of the letter
was signed by the City of Tigard and Chair Haunsperger signed the final document.
There was discussion regarding the term expiration dates of the Board of Commissioners.
Attorney Mardikes agreed to look into the ORS outlining expiration dates for terms of filler
vacancies for each of the five appointed commissioners on Board at this time.
Attorney Mardikes informed the Board of a request by Mayor Jenkins to assist King City in the
review of the proposed Agreement between Cities of Tigard and King City regarding the delivery
of water service to King City. George Mardikes indicated hesitation regarding potential conflicts
with the Tigard Water District and would outline these different interests as a matter of record in
writing to Mayor Jenkins and the Tigard Water District Board.
The next meeting of the Tigard Water District Board of Commissioners has been scheduled for
Tuesday, December 21, 1993 at 7 pm.
The meeting adjourned at 10:11 p.m.
APPROVED:
‘yZ '
John T. Haubhperger, air December 27, 1993