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07/21/1993 - Packet Rg` as �istilived TIGARD WATER DISTRICT BOARD OF COMMISSIONERS SPECIAL BOARD MEETING Wednesday, July 21, 1993 7:00 p.m. Agenda Call to Order 1. Minutes of July 13 meeting. Recommend: Approve minutes as written. 2. Visitors. 3. Open discussion a. Self introduction and give brief summary of background. b. Copies of resolutions and ordinance approved at 6/29/93 TWD meeting (copies of Resolutions 11-93, 12-93 and Ordinance 3-93 included with agenda). c. Educate about water and supply, etc. d. Tour of District. e. Billing: bi-monthly to monthly. f. Employee feedback regarding transition from TWD to SEWCJWA? g. Complaints from water patrons? h. Training and development of employees. i. Auditors: are there any pending issues from last audit? j. Control costs for purchases. k. Control fees to patrons. I. Review of assets and infrastructure required to maintain service to unincorporated area without incurring unnecessary costs to patrons of unincorporated area. m.Current definition of agreement between SEWCJWA and TWD for continued operational requirements and water service. n. Who is drafting final 190 agreement? o. City of Tigard's giving consideration to consolidation, elimination and duplications to save dollars? p. Administrator. q. Goals and objectives of Commissioners. r. How TWD can best serve water patrons? 4. Other Business. 5. Adjourn TIGARD WATER DISTRICT BOARD OF COMMISSIONERS Minutes -- Draft 7:30 p.m. July 13, 1993 Commissioners Present: Beverly Froude, John Haunsperger and George Morgan Staff Present: Randy Volk, Acting Administrative Director; Mike Miller, Senior Management Analyst; Nancy Johnson, Accounting Supervisor; Lorry Christian, Administrative & Human Resource Coordinator; Leslee Gemmill, Office Assistant; and David Knowles, Attorney. Visitors: Bob Wyffels, Jack Polans, Lou Ane Mortensen and Art Pedersen Robert Wyffels called the meeting to order at 7:34 p.m. and welcomed the visitors. 1. Select interim chair to preside. Robert Wyffels was selected to be the interim chair. 2. Appoint Position 2 (4 year term which expires 6/30/97). Commissioner Haunsperger made a motion to appoint Lou Ane Mortensen to Position 2 and Commissioner Froude seconded the motion. Hearing no discussion, a voice vote was called. The motion was approved unanimously. Nancy Johnson, as a Notary Public, administered the Oath of Office to Ms. Lou Ane Mortensen to Position 2 of Tigard Water District Board of Commissioners for a four year term expiring 6/30/97. 3. Appoint Position 3 (2 year term which expires 6/30/95). Commissioner Haunsperger made a motion to appoint Mr. Art Pedersen to Position 3 and Commissioner Froude seconded the motion. Hearing no discussion, a voice vote was called. The motion was approved unanimously. Nancy Johnson, as a Notary Public, administered the Oath of Office to Mr. Art Pedersen to Position 3 of the Tigard Water District Board of Commissioners, for a 2 year term expiring 6/30/95. 4. Elect Board Chair. Secretary and Treasurer (one year term). Commissioner Morgan nominated Commissioner Haunsperger as Board Chair and Commissioner Froude seconded the motion and moved the nominations be closed. Hearing no discussion, a voice vote was called and the motion passed unanimously. The 1993-94 Board Chair for the Tigard Water District is Commissioner Haunsperger. Commissioner Froude nominated Commissioner Morgan for the secretary position. Commissioner Morgan declined the nomination. Commissioner Mortensen nominated Commissioner Froude and the nomination was seconded by Commissioner Morgan. Hearing no discussion, a voice vote was taken and it was passed unanimously. The 1993-94 Board Secretary is Commissioner Froude. Chair Haunsperger nominated Commissioner Morgan for the treasurer position. Commissioner Mortensen seconded the nomination. Hearing no discussion, a voice vote was taken and it passed unanimously. The 1993-94 Board Treasurer is Commissioner Morgan. 5. Minutes of June 29, 1993 meeting. The minutes were approved as submitted with an addition and one correction. Addition - Add a statement in #4 to read: "Commissioner Wyffels stated that a formal performance evaluation was recently completed of Ms. Chenelle's job performance and she received very high ratings from all the commissioners". Correction - Change the word "no" to "now" in #7, second paragraph. 6. Payment of Vouchers After discussion, Commissioner Morgan motioned to approve the payment of vouchers and Commissioner Froude seconded the motion. Hearing no further discussion, a voice vote was taken and it passed unanimously. 7. Visitors Comments Mr. Jack Polans, addressed the Board of Commissioners regarding his concerns about the "complex marriage" between Southeast Washington County Joint Water Agency and Tigard Water District. Mr. Polans requested that a copy of tonight's meeting tape be made available for him to copy. Permission was granted by the Board of Commissioners to honor Mr. Polans' request. 8. Ratification of representative and alternate to Metro Policy Advisory Committee. There was considerable discussion about the Metro Policy Advisory Committee and its function and it was decided additional information was needed before the Commissioners would vote on this agenda item. Randy Volk was asked to invite a MPAC representative to the next regular TWD Board of Commissioners meeting. Commissioner Morgan motioned that this agenda item be tabled and Commissioner Mortensen seconded the motion. Hearing no further discussion, a voice vote was taken and it passed unanimously. 9. Appoint Representative from the Tigard Water District Board of Commissioners to, the Southeast Washington County Joint Water Agency. Commissioner Morgan nominated Commissioner Froude as TWD Board of Commissioner representative to the SEWCJWA. Commissioner Mortensen seconded the nomination. Hearing no discussion, a voice vote was taken and the motion was approved unanimously. Commissioner Froude requested an alternate be named as representative to SEWCJWA and nominated Commissioner Morgan. Commissioner Mortensen seconded the motion. Hearing no discussion, a voice vote was taken and the motion was approved unanimously. Commissioner Froude is the representative and Commissioner Morgan the alternate representative from the Tigard Water District Board of Commissioners to the Southeast Washington County Joint Water Agency. 10. Acting Administrative Director's Report. a.) Work Accomplished Report There was a review and discussion of the submitted Work Accomplished Report and recommendations were made for future report format changes. b.) Payment for Phase 2 of Regional Water Supply Plan After discussion regarding payment schedule, Commissioner Morgan motioned to authorize payment and Commissioner Froude seconded the motion. Hearing no further discussion, a voice vote was taken and it passed unanimously. c.) Commissioner Stipend A $45 per month stipend was approved in June of 1991 with several payment options available to Commissioners. After a brief discussion, Commissioner Mortensen motioned this item be tabled until the next regular board meeting and Commissioner Morgan seconded the motion. Hearing no further discussion, a voice vote was taken and it passed unanimously. 11. Chair's Comments. Chair Haunsperger welcomed the new board. Chair Haunsperger complimented the TWD staff for a job well done and acknowledged the staff recognizing the additional workload now that SEWCJWA is officially underway. Randy Volk outlined all of the things happening (currently and in the near future) and indicated this would also be communicated to the SEWCJWA Board of Directors at their next regular board meeting on July 19, 1993. David Knowles, Attorney, brought the Board of Commissioners up-to-date with issues regarding Tigard Water District budget, assets, general obligation bonds, and taxation matters. He explained to the Board that after research of the status of the General Obligation Bonds issued by the District he is advising the District to continue to levy an ad valorem tax on all property located within the former boundaries of the District for the purposes of repaying interest and principal on the Bonds. He also said that the District should notify Durham, Tigard and King City that they are obligated to make certain payments to the District, and the District will look to the cities for such payment after fiscal year 1993-94. 12. Commissioners Comments. Comments from each of the commissioners was heard and discussion followed regarding various issues. After considerable discussion, Commissioner Morgan recommended a session be scheduled as an informal workshop with each commissioner suggesting specific agenda items for discussion. Commissioner Froude agreed that it was important to be well informed and requested the workshop be held in the near future. Commissioner Haunsperger recommended the work session follow the next SEWCJWA board meeting on July 19, 1993. Wednesday, July 21 at 7 p.m. was agreed upon for the workshop. 13. Executive Session. The Board of Commissioners and David Knowles, Attorney, went into executive session at 9:43 p.m. under the provisions of ORS 192.550(1)(e), (h) and (j) to discuss real property transactions, public investments and possible litigation. At 10:18 p.m., the Board came out of executive session and Chair Haunsperger brought the general meeting to order. 14. Other Information. Randy Volk explained to the Board about public notice regarding lead/copper samples and TWD's not being in compliance as a result of the samples taken earlier this month. There was discussion about possibly changing the meeting dates for the TWD Board of Commissioners and it was decided to leave it as publicized. The meeting was adjourned at 10:30 p.m. TIGARD WATER DISTRICT BOARD OF COMMISSIONERS WORKSHOP 7/21/93 7 P.M. Agenda Items as submitted by George Morgan "Policy Issues, Guidelines, Decisions" Issues/Items for Discussion Goal setting - objectives - 1st meeting 1. Immediate - 6 month 2. Longer Term 3. Future - Crystal Ball Part I INTRODUCTIONS/RESPONSIBILITIES 1.1 Board Members - Dual Role 1.2 Staff Part II ISSUES, GOALS AND OBJECTIVES A. Immediate B. Long Term 2.1 "Mission" of District, S.E. Washington County Joint Water Agency What do we want to do to accomplish the "mission"? Where are we "district"; S.E. Washington County Joint Water Agency? Where do we want to go? How do we want to get there? Part III ASSESSMENT/INVENTORY Definition of Responsibilities/Function Tigard Water District Budget SEWCJWA Budget and Final Draft Agreement (190 or?) Structure Identification of Requirements - Priorities 2.1 Immediate Staffing - (interim) Administrative Manager Legal Counsel Financial Auditor 2.2 Longer Term Staffing Job Description, recruitment, selection 2.3 Public Customer, Intergovernmental Relations/Information, Press, Media, Notices 2.4 Water Supply Contract(s) Lake Oswego, Portland, Tualatin Valley, others 2.5 Annual Financial/Operational Report(s) Based on budget work plans, projections, results. 2.6 Capital Improvement Plan 2.61 6 months (12/93) 2.62 2 years + 2.63 Longer Term - based on engineering/water supply studies 2.7 Operational Assessments Opportunities for construction change, cost reductions, reporting systems; special studies/analysis Ex: Staff Support Financial Records * Purchasing, Accounting Info Systems Engineering; water rates - prog. Administration/Management *Enterprise Reporting 2.8 Staff Assessments of Issues Needs, Priorities Part IV DELEGATIONS, ASSIGNMENTS - WORK Plans & Time Schedules - (Establishing Accountability and Limited) Interim Staff Ad Committees with "sunsets" Limited Term Contracts Key Appointments - Administrator and Legal Counsel Standing Committees Intergovernmental Relations - Local, Region, Metro, etc. Part V GUIDELINES FOR TWD delegate to SEWCJWA Delegate must know what district wants to accomplish and how it would like to support its accomplishment (if there are preferences and/or prejudices - good judgment may not be reflective or responsive). +-° CD.for rec. '3113193 'Pun i5hed TJat;JTin yes 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. 6' ‘ittfzild% Chair of the Bo ATTEST: • l i�,e..uk1 — A inistrative Director 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 Washingtin County. B. Tigard, Durham and King City(Collectively, the "Cities") have enacted ordinances pursuant to ORS 222, effective July 1, 1993, withdrawing their respective territories from the District (the "withdrawal"). 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 seq 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: 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 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 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. 2 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. 5. Asset Ownership/Water Rates/Revenues 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 the Agreement. C. Use of Assets/Revenues for Non-Water Purnoses 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 frenchise 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 service) to achieve efficiencies. D. Uniform Rates The rages 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. 3 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 that such a location results in greater efficiency and quality of service than any other location within the boundaries of the 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. 4 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. 11. Ordinance Ratifying this Agreement Prior to the effective date of this Agreement, each of the Parties shall enact an 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. R.. " ) -\ t.7) -) 72S c ( 1 cZN HLLest. 5 TIGARD WATER DISTRICT RESOLUTION NO. 11-93 A RESOLUTION APPROVING AGREEMENTS FOR THE TIGARD WATER DISTRICT TO PROVIDE WATER SERVICE TO THE CITIES OF TIGARD, DURHAM AND KING CITY. A. The District is a domestic water supply district existing under ORS 264. The District provides domestic water service to residences and businesses located in certain unincorporated areas of Washington County. Until June 30, 1993, the District also provided domestic water service to all areas presently served by Durham. B. The cities of Tigard, Durham and King City (collectively, the "Cities") have enacted ordinances pursuant to ORS 222, effective July 1, 1993, withdrawing their respective territories from the former boundaries of the District. C. The Cities 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, the Cities and the District have agreed to an interim form of governance for the provision of water service by creating Southeast Washington County Joint Water Agency, (the "Agency") through an intergovernmental agreement pursuant to ORS 190.003 et seq. The Cities and the District anticipate that domestic water service will be provided by the Agency to all areas of Durham once the Agency has completed the budget formulation requirements contained in ORS 294.900 et seq. D. The District has offered to provide to the cities of Tigard, Durham and King City supplies of domestic water until the Agency is prepared to provide domestic water itself. NOW THEREFORE, THE TIGARD WATER DISTRICT RESOLVES AS FOLLOWS: Section 1. Continuation of Service. The District shall enter into an agreement with the cities of Tigard, Durham and King City (the "Cities"), substantially in the form attached as Exhibit A hereto (the "Agreement:), for the District to continue to provide domestic water supply service to the Cities on an interim basis in the same manner that the District provided such service to the Cities prior to July 1, 1993. The Agreement is hereby approved in substantially the form submitted to and reviewed by the Board, and as attached hereto, with such changes therein as shall be approved by the representative of the District executing said documents, said representative's execution thereof to be conclusive evidence of said representative's approval. r Resolution 11-93 Page Two The Board Chairman (the "Executing Official") of the District is hereby authorized and directed to execute and deliver the Agreement on behalf of and as the act and deed of the District. Section 2. Further Authority. The District shall, and the officers and agents of the District are hereby authorized and directed to, take such action and execute such other documents, certificates and instruments as may be necessary or desirable to carry out and comply with the intent of the Resolution. Section 3. Effective Date. This Resolution shall take effect and be in full force and effect from and after its passage and approval. il7Z-/4-c--*2---- (77,-. f"\--) t"- Chair of the Board / / ,.16Acta/v1) tin Administ tive Director Date I /lg/board/June93/Res 1193.doc TIGARD WATER DISTRICT INTERGOVERNMENTAL AGREEMENT FOR SUPPLY OF DOMESTIC WATER BETWEEN: TIGARD WATER DISTRICT, (the District") OREGON AND: CITY OF TIGARD, OREGON ("Tigard") Recitals: A. The District is a domestic water supply district existing under ORS 264. The District provides domestic water service to residences and businesses located in certain unincorporated areas of Washington County. Until June 30, 1993, the District also provided domestic water service to some areas presently served by Tigard. B. The cities of Tigard, Durham and King City (collectively, the "Cities") have enacted ordinances pursuant to ORS 222, effective July 1, 1993, withdrawing their respective territories from the former boundaries of the District. C. The Cities 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, the Cities and the District have agreed to an interim form of governance for the provision of water service by creating Southeast Washington County Joint Water Agency (the "Agency") through an intergovernmental agreement pursuant to ORS 190.003 et .ss. . The Cities and the District anticipate that domestic water service will be provided by the Agency to all areas of Tigard once the Agency has completed the budget formulation requirements contained in ORS 294.900 et seq.. D. The District has offered to provide to Tigard supplies of domestic water to those areas previously served by the District until the Agency is prepared to provide domestic water itself. Agreements: The parties therefore agree as follows: 1. Supply of Water. The District hereby agrees to provide to those areas of Tigard previously served by the District supplies of domestic water in the same fashion that the District provided prior to July 1, 1993. The District shall Intergovernmental Agreement for Supply of Domestic Water City of Tigard,Oregon Page Two continue to directly bill and collect amounts owed from businesses and residences utilizing water service, and Tigard shall not be responsible for compensating the District for any services provided. 2. Compliance With All Budget and Taxation Laws. Tigard shall comply with and satisfy all requirements under all applicable budget and taxation laws, including but not limited to Local Budget Law (ORS 294.305 et seq.), all taxation requirements accompanying a boundary change including ORS 308.225, and Tigard's repayment obligations under ORS 222.520. Notwithstanding anything in this Agreement to contrary, if for any reason Tigard fails to comply with any applicable budget or taxation law, District may discontinue supply of water to Tigard upon sixty (60) days written notice. 3. Term. The term of this Agreement shall begin on July 1, 1993. This Agreement shall end on the date that the Agency adopts a budget in accordance with all applicable statutory requirements, unless sooner terminated by the unanimous agreement of the Parties. 4. Effective Date. The effective date of this Agreement is July 1, 1993. DATED this a.9day of 04,01x'i , 1993. 1 TIGA WATER DISTRIC /L_ By://64t76 A--/ Atte /. )'-(1--1/Letc-f CITY OF TIGARD By: Attest: /Ig/board/June93/TigSuply.doc TIGARD WATER DISTRICT INTERGOVERNMENTAL AGREEMENT FOR SUPPLY OF DOMESTIC WATER BETWEEN: TIGARD WATER DISTRICT, (the "District") OREGON 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 businesses located in certain unincorporated areas of Washington County. Until June 30, 1993, the District also provided domestic water service to all areas presently served by King City. B. The cities of Tigard, Durham and King City (collectively, the "Cities") have enacted ordinances pursuant to ORS 222, effective July 1, 1993, withdrawing their respective territories from the former boundaries of the District. C. The Cities 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, the Cities and the District have agreed to an interim form of governance for the provision of water service by creating Southeast Washington County Joint Water Agency (the "Agency") through an intergovernmental agreement pursuant to ORS 190.003 et seg. The Cities and the District anticipate that domestic water service will be provided by the Agency to all areas of King City once the Agency has completed the budget formulation requirements contained in ORS 294.900 et seq. D. The District has offered to provide to King City supplies of domestic water until the Agency is prepared to provide domestic water itself. Agreements: The parties therefore agree as follows: 1. Supply of Water. The District hereby agrees to provide to King City supplies of domestic water in the same fashion that the District provided prior to July 1, 1993. The District shall continue to directly bill and collect amounts owed from Intergovernmental Agreement for Supply of Domestic Water City of King City,Oregon Page Two businesses and residences utilizing water service, and King City shall not be responsible for compensating the District for any services provided. 2. Compliance With All Budget and Taxation Laws. King City shall comply with and satisfy all requirements under all applicable budget and taxation laws, including but not limited to Local Budget Law (ORS 294.305 et seq.), all taxation requirements accompanying a boundary change including ORS 308.225, and King City's repayment obligations under ORS 222.520. Notwithstanding anything in this Agreement to contrary, if for any reason King City fails to comply with any applicable budget or taxation law, District may discontinue supply of water to King City upon sixty (60) days written notice. 3. Term. The term of this Agreement shall begin on July 1, 1993. This Agreement shall end on the date that the Agency adopts a budget in accordance with all applicable statutory requirements, unless sooner terminated by the unanimous agreement of the Parties. 4. Effective Date. The effective date of this Agreement is July 1, 1993. DATED this . g day of , 1993. TIGARD WATER DISTRICT 1-6-: By: 01/1/1— Ar7 CITY OF KING CITY By: Attest: /1g/board/june93/kcsuply.doc TIGARD WATER DISTRICT INTERGOVERNMENTAL AGREEMENT FOR SUPPLY OF DOMESTIC WATER BETWEEN: TIGARD WATER DISTRICT (the "District") OREGON AND: CITY OF DURHAM, OREGON ("Durham") Recitals: A. The District is a domestic water supply district existing under ORS 264. The District provides domestic water service to residences and businesses located in certain unincorporated areas of Washington County. B. The cities of Tigard, Durham and King City (collectively, the "Cities") have enacted ordinances pursuant to ORS 222, effective July 1, 1993, withdrawing their respective territories from the former boundaries of the District. C. The Cities 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, the Cities and the District have agreed to an interim form of governance for the provision of water service by creating Southeast Washington County Joint Water Agency (the "Agency") through an intergovernmental agreement pursuant to ORS 190.003 et seq. The Cities and the District anticipate that domestic water service will be provided by the Agency to all areas of Durham once the Agency has completed the budget formulation requirements contained in ORS 294.900 et seq. D. The District has offered to provide to Durham supplies of domestic water until the Agency is prepared to provide domestic water itself. Agreements: The parties therefore agree as follows: 1. Supply of Water. The District hereby agrees to provide to Durham supplies of domestic water in the same fashion that the District provided prior to July 1, 1993. The District shall continue to directly bill and collect amounts owed from businesses and residences utilizing water service, and Durham shall not be responsible for compensating the District for any services provided. Intergovernmental Agreement for Supply of Domestic Water City of Durham, Oregon Page Two 2. Compliance With All Budget and Taxation Laws. Durham shall comply with and satisfy all requirements under the applicable budget and taxation laws, including but not limited to Local Budget Law (ORS 294.305 et seq.), all taxation requirements accompanying a boundary change including ORS 308.225, and Durham's repayment obligations under ORS 222.520. Notwithstanding anything in this Agreement to contrary, if for any reason Durham fails to comply with any applicable budget or taxation law, District may discontinue supply of water to Durham upon sixty (60) days written notice. 3. Term. The term of this Agreement shall begin on July 1, 1993. This Agreement shall end on the date that the Agency adopts a budget in accordance with all applicable statutory requirements, unless sooner terminated by the unanimous agreement of the Parties. 4. Effective Date. The effective date of this Agreement is July 1, 1993. DATED this o2'"day of Qwrlk� , 1993. TIGARD WATER DISTRICT By: /1(a-7(----- Att Olp 04/41, 432t CITY OF DURHAM By: Attest: /1g/board/June93/durhmsup.doc TIGARD WATER DISTRICT RESOLUTION NO. 12-93 A RESOLUTION APPROVING AN AGREEMENT WITH THE SOUTHEAST WASHINGTON COUNTY JOINT WATER AGENCY TO PROVIDE DOMESTIC WATER SERVICE TO THE CITIES OF DURHAM AND KING CITY AND TO CERTAIN PORTIONS OF UNINCORPORATED AREAS OF WASHINGTON COUNTY AND THE CITY OF TIGARD. WHEREAS, the Southeast Washington County Joint Water Agency (the "Agency")'will be formed, effective July 1, 1993, to provide domestic water supply service to businesses and residences located within the boundaries of the Tigard Water District (the "District") as the District existed on June 30, 1993; and WHEREAS, until June 30, 1993, the District was solely responsible for providing domestic water service to the businesses and residences located within the boundaries of the District; and WHEREAS, the boundaries of the District, as they existed on June 30, 1993, are identical to the boundaries of the Agency as they exist on July 1, 1993; and WHEREAS, in order to provide domestic water service to businesses and residences located within the former boundaries of the District has previously negotiated water supply agreements with the cities of Portland and Lake Oswego (collectively, the "Agreements") whereby those two cities supply water to the District for domestic purposes; and WHEREAS, the Agency does not presently have any long term water supply agreements in place in order to provide domestic water to businesses and residences located within the boundaries of the Agency; and WHEREAS, the District has offered to provide to the Agency supplies of water that the District receives under the Agreements at the same rates and terms that the District receives such water under the Agreements, and the District has further offered to use all the facilities of the District in order to deliver the water to the businesses and residences within the boundaries of the Agency. NOW THEREFORE, THE TIGARD WATER DISTRICT RESOLVES AS FOLLOWS: Section 1. Approval of Agreement. The Agreement is hereby approved in substantially the form submitted to and reviewed by the Board, and as attached hereto, with such changes therein as shall be approved by the representative of the District executing said documents, said representative's execution thereof to be conclusive evidence of said representative's approval. Resolution 12-93 Page Two The Chairman (the "executing Official") of the District is hereby authorized and directed to execute and deliver the Agreement on behalf of and as the act and deed of the District. Section 2. Further Authority. The District shall, and the officers and agents of the District are hereby authorized and directed to, take such action and execute such other documents, certificates and instruments as may be necessary or desirable to carry out and comply with the intent of this Resolution and to carry out, comply with and perform the duties of the District with respect to the Agreement approved by this Resolution. Section 3. Effective Date. This Resolution shall take effect and be in full force and effect from and after its passage and approval. PASSED by vote of 5 members of the board of commissioners of the District present this 29th day of June, 1993. Signature Ar-C A ) 1/1---- Title: Chair of the Board . x/14 VO Acting Adminis ative Director /1 g/board/Ju ne93/Res 1293.doc INTERGOVERNMENTAL AGREEMENT FOR CONTINUED PROVISION OF DOMESTIC WATER UNDER CONTRACTS WITH THE CITIES OF PORTLAND AND LAKE OSWEGO BETWEEN: TIGARD WATER DISTRICT, (the "District") OREGON AND: SOUTHEAST WASHINGTON COUNTY JOINT WATER AGENCY (the "Agency") Recitals: A. The District is a domestic water supply district existing under ORS 264. The District provides domestic water service to residences and businesses located in certain unincorporated areas of Washington County. B. The cities of Tigard, Durham and King City (collectively, the "Cities") have enacted ordinances pursuant to ORS 222, effective July 1, 1993, withdrawing their respective territories from the former boundaries of the District. C. The Cities 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, the Cities and the District have agreed to an interim form of governance for the provision of water service by creating Southeast Washington County Joint Water Agency (the "Agency") through an intergovernmental agreement pursuant to ORS 190.003 et seg. The Cities and the District anticipate that domestic water service will be provided by the Agency to all areas previously served by the District once the Agency has completed the budget formulation requirements contained in ORS 29.900 et seq. D. The District has offered to provide to the Agency supplies of domestic water that the District receives through contracts with the cities of Portland and Lake Oswego (collectively, the "Agreements") on the terms of this intergovernmental agreement (the "Water Supply Agreement"). A copy of the Agreements is attached hereto as Exhibit A. Agreements: The parties therefore agree as follows: 1. Supply of Water. The District hereby agrees to provide to Agency supplies of domestic water that the District receives from the cities of Portland and Lake Oswego through the Agreements. The Agency agrees to pay to the District all of the costs, fees and expenses charged to the District under the Agreements. The .err. Page Two Intergovernmental Agreement for Continued Provision of Domestic Water under Contracts with the Cities of Portland and Lake Oswego Agency further agrees to comply with all terms and conditions imposed upon the District by the Agreements. 2. Term. The term of this Agreement shall begin on July 1, 1993 and shall end on December 31, 1993, unless sooner terminated by the unanimous agreement of the Parties. 3. Effective Date. The effective date of this Agreement is July 1, 1993. DATED this 30th day of June, 1993. TIGARD WATER DISTRICT By: Attes V F-C.K Acting Administ tive Director SOUTHEAST WASHINGTON COUNTY JO I T ' TER AGEN Y A v• 0 o 4`�f '' . CITY of BEAVERTON 4755 S.W.Griffith Drive.P.O.Box 4755.Beaverton,OR 97076 TEL: (503)526-2481 V/TDD FAX:(503)526-2571 CFNTENN�� ROB DRAKE MAYOR July 12, 1993 To Washington County Government Leaders: Enclosed you'll find an application to the first-ever Washington County Leaders Conference, which will be held August 25th& 26th at the Silver Falls Conference Center. This is an idea which was hatched at one of the recent Washington County Managers meetings. Since PGE is no longer hosting the annual Timothy Lake Conference, there was a general feeling that an annual "idea" session would still be very valuable. The theme for this conference will be "The Taming of the Shrill", graciously being facilitated by Noel Klein of Western Attitudes. He will share his firm's valuable data base of citizen attitudes with participants. Attendees will then have time to discuss Western Attitude's findings and develop ideas for thought and future action. The $52 fee involves registration, housing and food for the two-day conference. It is a bargain and gives us all a great opportunity to become better informed and acquainted! Since the Silver Falls Center houses only 52 guests, we're asking that each agency send a maximum of three participants. See you at Silver Falls Conference Center! Sin : ely, ' ob Drake Mayor Enclosures r Registration Information Registration fees include breakfast, luncheons,dinner, coffee breaks, and Washington County conference materials. Enrollment is limited to 35 participants. Please f limit enrollment to three from your organization. Leaders� Conference .., 1993i. Name: fe.) 14 ..„-1.-s jj) Ci ,_ Title: ," Organization: , ',: �' ►k- ti; ( Address: 1-.1 ' Zip - ,..s. SP . 401. - . :. ' Oa I - Work Phone: Home Phone The Taming of the Shrift-4,4o or Conference Fee: $52 per person. Registration due by August 6, 1993 Payment due by August 13, 1993 Please register person(s) at$52 each for a total of$ ❑ Check Enclosed 0 Purchase Order ....Ali itil Conference fees payable to: Washington County Leaders' Conference, Mayor's Office, City of Beaverton,4755 SW Griffith Drive, August 25 ete 26 PO Box 4755, Silver Falls Conference Center Beaverton,OR 97076-4755. 20022 Silver Falls 5-[gf way t WAS9<1191(ggTON COW1YLEADE.XS"CONFERENCE Conference Program Schedule The Taming of the Shrill (with apologies to`tVI-Shakespeare) Wednesday,August 25 A drama in five Acts to be written by local elected leaders in Washington County. Von-1:30 p.m. Welcome Luncheon 1:30 p.m 2:30 p.m Art I Act I: Introducing the Players:Setting the Stage: Outlining the Plot The Players:Citizens and their leaders 2:30 p.m. Break, The Stage: Modern day Washington County 2:45 p.m. -4:30 p.m. Act II 'The Plot: The taxpayers are angry. Service users are dissatisfied. 4:30 p.m. -6:00 p.m. On your own- The voters are uncooperative. The leaders are frustrated. Everyone seems to have an attitude! commune with nature As the play unfolds,we discover why this is happening and 6:00 p.m. Dinner once more.... 7::30 p.m. Act III(free time) Mirroring rear life,sex, money,power and politics will be important ingredients in the overall story of this drama. Thursday,August 26 Act II: Developing the Plot 7:30 a.m. -8:30 a.m. Breakfast Small Groups Who are the shrill voices in your community? 9:00 a.m. -10:30 a.m. Act W What are they saying and why? 10:30 a.m. Break Are 'vocal minority'and the 'silent majority'the same? Who defines community standards for goocfgovernment? 10:45 a.m. -12:30 p.m. Act'V What is 'good government"these days? 12:30 p.m. Lunch/Adjourn 'The Group What are some of the 'good'things we're doing? Act III:Diversion Conference Leader The Group fun,fellowship and friendship in a relaxing atmosphere to restore the mind for creative pursuits on the 'morrow. Facilitating our uniting exercise, "The Taming of the Shrill,will be Noel ?(,Fein of WesternAttitudes. In addition to his long history of service in Act IV:The Climax local government,Noel has conducted numerous community attitude Small groups Community values versus personal values surveys for public agencies in`Washington County. 5i will share his focusing citizens on benefits/results rather than cost/taxes firms data base of citizen attitudes with participants. Attendees will Act N:Conclusion have ample time to share and develop ideas for future action on both an The Group Seizing the opportunity to listen and communicate more effectively invidua(jurisdiction basis and in coordination with one another. Taking home a script for leadership action. di `Shur!!'having or producing a high,thin piercing source-Webster's New Work1-Dictionary.Modern DeskEefition VISITORS PLEASE REGISTER Date: 6 3 Meeting: '1)4/D Spec!'al .hCcvd frh . CI Name (please print) Do you wish to speak? (yes or no) 2. Bo 1' 144 yes 3. "10, hn Schwce. c� 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15.