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TIGARD WATER DISTRICT
BOARD OF COMMISSIONERS
MEETING MINUTES
December 7, 1993
7 p.m.
DRAFT
Board Present: John Haunsperger, Chair; Beverly Froude; George Morgan; Art
Pedersen and Lou Ane Mortensen
Staff Present: George Mardikes, Attorney and Leslee Gemmill, Office Assistant.
Visitors Present: Lorry Christian; Randy Volk; Gilbert Meigs and Randall Goff, E.E.S.,
Inc.; Hill Hampton and Clarence Nicoli
The meeting was called to order at 7:01 p.m.
Commissioner Morgan motioned to limit tonight's meeting to 10:00 pm and if needed,
schedule a special meeting to complete business. Lou Ane Mortensen seconded the
motion. A voice vote was taken and the motion was approved unanimously.
Visitors
JWA employees Randy Volk and Lorry Christian expressed their concerns to the Board
regarding current Joint Water Agency employees and the employment security and
stability offered by the City of Tigard via the proposed intergovernmental agreement.
Commissioners Haunsperger and Morgan assured those present that a major concern of
the Board is the employees and the Board is making a serious commitment to resolve the
pending issues with sensitivity and awareness to all concerned.
Minutes of November 15, 1993 meeting
George Morgan motioned to approve the minutes as submitted and Commissioner Froude
seconded the motion. A voice vote was taken and the motion passed unanimously.
Proposal from Consulting Engineering Firm for the allocation of assets
Gilbert Meigs and Randall Goff, representatives from Economic and Engineering Services,
Inc. presented to the Board organizational options available for the feasibility study.
Gilbert Meigs mentioned that the 1990 study of capital improvements done by his firm is
still valid and the Board should keep in mind that the study of the water supply and
distribution system was prepared for an integrated service area without political or city
boundary considerations. The Board and George Mardikes addressed Mr. Meigs and Mr.
Goff with several questions regarding Economic and Engineering Services, Inc. and
proposed time frames and thanked them for their presentation.
A ten minute recess was called before the Executive Session at 8 pm.
The Tigard Water District Board of Commissioners went into Executive Session at 8:10
pm under the provisions of ORS 192.660(1) (e) (h) and (j) to discuss real property
transactions, public investments and possible litigation.
The Board of Commissioners discussed during Executive Session several options available
to them. In addition, the Board reviewed the City of Tigard's December 7 draft
intergovernmental agreement regarding the formation of a city water department and its
impact on the Tigard Water District.
Executive Session ended at 10:06 p.m.
The regular meeting of the Board of Commissioners reconvened at 10:06 p.m.
Commissioner Morgan motioned that after reviewing the draft report as presented by
Chair Haunsperger and Counsel, the Board continue aggressive negotiations with the City
of Tigard with specific direction toward (a) capital improvement program (b) asset
allocation(c) water supply system interconnections and (d) minimum sufficient operating
funds for the Tigard Water District to meet necessary financial obligations i.e., legal,
audit, election and staff assistance at board meetings. Art Pedersen seconded the motion.
A voice vote was taken and the motion was approved unanimously.
Commissioner Froude thanked Chair Haunsperger and Attorney Mardikes for their
individual time and effort and commitment to the Tigard Water District Board.
Chair Haunsperger directed Attorney Mardikes to draft a letter to Economic and
Engineering Services, Inc indicating the need for a proposal for the division of assets.
A special meeting of the Tigard Water District is scheduled for Tuesday, December 14,
1993 at 7 p.m.
The meeting adjourned at 10:15 p.m.
.
` 12/13 17:37 1993 FROM: 503 243 2944 TO: 5037785299 PAGE: 2
ODONNELL RAMIS ET AL 503-243-2944 Dec 13 ,93 17 :39 No .034 P .02
INTERGOVERNMENTAL AGREEMENT DI*
BETWEEN THE CITY OF TIGARD AND THE
TIGARD
WATER DISTRICT FOR r
DELIVERY OF WATER SERVICE TO TERRITORY
WITHIN THE DISTRICT BOUNDARIES
This Agreement is made and entered into by the City of Tigard,
an Oregon municipal corporation, (hereinafter "Tigard") and the
Tigard Water District, a domestic rater supply district existing
under ORS Ch. 264, (hereinafter "District") . Tigard and District
are jointly referred to herein as "the Parties." Unless
identified as "original," District refers to the remnant district.
1. The cities of Tigard, Xing City and Durham (collectively
the "Cities") withdrew from the original District effective July
1, 1993.
2. Pursuant to ORS 222.540, the District is obligated to
turn over to the Cities its water mains, service installations,
structures, facilities, improvements and other property in the area
withdrawn from the District as it existed on June 30, 1993,
(original District) that are not necessary for the operation of
the remainder of the water supply system of the District.
3. The area withdrawn by Tigard was a major portion of the
original District. Because of this, Tigard is entitled to a major
portion of the original District's infrastructure pursuant to ORS
222.540. King City and Durham are entitled to smaller portions of
the original District's infrastructure. Furthermore pursuant to
ORS 222.550, should the District dissolve, Tigard will be in a
position to obtain all of the District's remaining assets which
have not been distributed under ORS 222.540.
4. With the assets and infrastructure obtained by its
withdrawal from the original District, Tigard is creating a city
water department.
5. The Cities and District agree that it is in their best
interest if Xing City, Durham and the District were to be an
integrated part of a water supply network receiving water service
from Tigard s city water department. Tigard will receive revenue
from water users in Tigard, Xing City, Durham, and the District,
and with that revenue Tigard viii provide the funds to pay for
expenses incurred in providing water service.
6. The Cities and District agree that it is in their best
interest to share authority for decision-making regarding the long-
term rater supply and capital improvement planning to serve
present and future water customers of the original District.
INTERGOVERNMENTAL AGREEMENT
TIGARD/WATER DISTRICT •1 (12/13/93)
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ODONNELL RAMIS ET AL 503-243-2944 Dec 13 ,93 17 :40 No .034 P .03
7. The Parties shall continue to prepare independent tax
coordination plans.
S. Tigard and the District acknowledge that they have
authority to enter into this Intergovernmental Agreement pursuant
to the powers contained in Tigard's Charter, ORS 964.210 and ORS
190.010.
NOW, THEREFORE, the premises being in general as stated in
the foregoing recitals, it is agreed by and between the Parties
hereto as follows:
1. fission Statement.
The Cities withdrew from the original District with intent to
take a more active role in planning and operating a dos►estic water
supply system for the Southeast Washington County area in order to
provide the residents of that area with the highest quality water
service at the lowest possible cost. In keeping with that
intention, the Parties to this Intergovernmental Agreement commit
to working together to provide ill of the residents and undeveloped
property in the original District with a clean, economical water
supply. The Parties further commit to working together and with
other agencies and jurisdictions in • cooperative effort to plan
for the future long term water supply needs of the area.
2. patinition.
3. MIER.
This Agreement will be in full force and effect until December
31, 2016, unless sooner terminated by one or both of the Parties.
Either party may terminate this Agreement by providing written
notice to the other party a minimum of five years prior to the
effective date of termination. Tigard recognises that by this
Agreement it is assuming the responsibility to provide rater to
the inhabitants of the District for the duration of this Agreement
unless a reasonable alternative domestic water supply is available
to the District and the Agreement is terminated.
4. .
A. Tigard will establish an Intergovernmental Water Board
(IND) . The Intergovernmental Water Board will consist of five
members. Members of the Board will be appointed by the respective
governing bodies as follows:
Tigard • one member
Xing City - One Member
Durham - One Member
INTERGOVERNMENTAL AGREEMENT
TIOARD/NATER DISTRICT -2 (12/13/93)
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ODONNELL RAMIS ET AL 503-243-2944 Dec 13 ,93 17 :41 No .034 P .04
•
District/Unincorporated Area - One Member
At Largs - One Member selected by a majority vote of the
Other Members
B. Intergovernmental Water Board Terms.
(1) Initially, three Board members shall be appointed for a
term of three years (from January 1, 1994 to December
31, 1996) and tvo Board members shall be appointed for
a term of two years (from January 1, 1994 to December
31 1995) . There shall be a drawing of lots to determine
which Board members will serve two years and which will
serve three years. Thereafter, Board members shall have
two year terms.
(3) Board members shall be appointed in December for the
following two year term. Each term will begin on January
1. Each term will end on December 31 and each Board
member shall serve until a successor has been appointed.
Members may be re-appointed to succeeding terms.
Vacancies may be filled in the same manner as a regular
appointment.
(3) Board members shall be an elected official serving on
the respectiveoverning body except for that member
selected by a majority vote of the other members. Each
respective governing body may appoint an alternate to
attend meetings in the place of a regularly appointed
Board member. The alternate shall be appointed in the
same manner and must meet the same qualifications as the
regularly appointed Board member.
C. Tigard may appoint city officials as ex officio members
of the Intergovernmental Water Board to assist the Board in its
duties. They shall serve at the pleasure of the Tigard City
Council and shall have no voting privileges.
actionsD. of theBoard shall
quorum
Board
shall be three (3) members. All
including abstentions. require at least three (3) votesl
E. The Intergovernmental Water Board will make
recommendations to the Tigard City Council on water service issues
and will have the following responsibilities;
(1) to maks a continuing study of the rate structure of the
water system.
(2) to consider and . prepare plans for and make
recommendations to the Council for a long-range operation
and management program.
INTERGOVERNMENTAL AGREEMENT
TIGARD/WATER DISTRICT -3 (12/13/93)
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ODONNELL RAMIS ET AL 503-243-2944 Dec 13,93 17 :41 No .034 P .05
(3) to invistigats and study means of effecting economies in
operation and management.
(4) to review and make recommendations to the Budget
Committee and Council on all budget requests for
operation and maintenance.
(5) to study and consider ways and means of improving the
water system and services which it provides.
(6) to study and make recommendations on Tigard's program
for providing insurance for system assets and operations.
(7) to maks a continuing review of any and all rules and
regulations regarding the water system which may be
adopted by the Council and periodically to maks
recommendations to the Council for additions or
amendments of such rules and regulations.
(6) to work with other agencies and jurisdictions in a
cooperative effort to plan for the future rater supply
needs of the area.
(9) to maks recommendations to the Council relative to all
of the above-mentioned utters and as to any other
matters which the Intergovernmental Nater board may !eel
to be for the good of the water system, the overall
public interest and for the benefit of the consumer.
Y. Power to Grant Variances
(1) Except when prohibited by subsection 2 of this section,
upon application, the Intergovernmental Water Board may
grant variances from the rater system rules and
regulations enacted by the City of Tigard when it finds
that: a) strict application of the rules and regulations
create undue economic hardship for the applicant with no
significant benefit to the water system; b) the variance
requested has no material adverse effect upon the water
system and it is consistent with established policies of
the Tigard City Council.
(2) The tntergovernrental Water Board say not grant variances
relating to annexation of property, fire protection
requirements, cross-connection requirements, fees, rates
and charges.
5. lust ovnsrshin/wttar Emits•/lsvanuss.
INTERGOVERNMENTAL Amman '
TIGARD/VAT= DISTRICT -4 (12/13/93)
C-
• 12/13 17:40 1993 FROM: 503 243 2944 TO: 5037785299 PAGE: 8
ODONNELL RAMIS ET AL 503-243-2944 Dec 13,93 17 :42 No .034 P .06
A. Assets (real, personal and intangible property) retained
by District as a result of the division of assets after withdrawal
from the original District by the Cities shall be utilised by
Tigard in order to provide water services to properties, residences
and businesses in the original District. The
(District's] ownership interest in the assets shall remain though
the assets are being utilised by Tigard, unless and until
transferred to Tigard by agreement or operation of law. Tigard
will saintain and insure the real and personal property assets it
utilises. Ths Parties agree to execute all documents necessary to
alloy utilisation of the assets by Tigard. "Intangible property"
includes but is not limited tot moneys, checks, drafts, deposits,
interest, dividends and inoome.
Tigard agrees that it will maintain, preserve and keep
the assets it utilises in good repair and working order. 49e-the
eh - - -
(Tigard say a�pppprro�Late
from the water fund all moneys necessary to meet this obligation.)
Tigard shall keep the assets free of all levies, liens
and encumbrances except those created by this Agreement or
consented to by the governing body of the District in writing.
The Parties to this Agreement contemplate that the assets will be
used for a governmental or proprietarypurpose by Tigard and,
therefore, that the assets will be exempt from all property taxes.
Nevertheless, if the use, possession or acquisition of the assets
are determined to be subject to taxation, Tigard Shall pay when due
all taxes and governmental charges lawfully assessed or levied
against or with respect to the assets. Tigard shall pay all gas,
water, steam, electricity, heat, power, telephone, utility and
other charges incurred in the operation, maintenance, us«
occupancy and upkeep of the assets. Where there is shared use of
the assets, these costs will be shared in an equitable manner.
Tigard shall maintain (i) casualty insurance insuring
the assets against loss or damage by fire and all other risks
covered by the standard extended coverage endorsement then in use
in the State of Oregon and any other risks reasonably required by
District in an amount equal to at least the replacement value of
the assets and, (ii) liability insurance that protects District,
including its officers and commissioners, from liability arising
from Tigard's operation of the water supply system in an amount
satisfactory to District and (iii) worker's compensation insurance
covering all employees working on, in, near or about the assets as
required under the laws of the state of Oregon. Tigard shall
furnish to District, certificates evidencing such coverage. All
such insurance shall be with insurers that are authorised to issue
INTIROOVSANNSNTAL AiORsosi'NT
TIQARD/WATER DISTRICT -S (12/13/93)
• 12/13 17:41 1993 FROM: 503 243 2944 TO: 5037785299 PAGE: 7
ODONNELL RAMIS ET AL 503-243-2944 Dec 13 ,93 17 :43 No .034 P .07
such insurance in the Stag of Oregon, shall name District as
additional insured and shall contain a provision to the effect that
such insurance shall not be canceled or modified materially and
adversely to the interest of District without first giving written
notice thereof to District at least ten (10) days in advance of
such cancellation or modification. All such casualty insurance
shall contain a provision making any losses payable to Tigard and
District as their respective interests may appear. Tigard say meet
any of these requirements through a self-insurance program. Such
insurance requirements may be waived in writing by the governing
body of the District.
To the extent permitted by law, Tigard shall indemnify,
protect, hold harmless, save and keep harmless District from and
against any and all liability, obligation, loss, claim and damage
whatsoever, regardless of cause thereof, and all expenses in
connection therewith, including, without limitation, counsel fees
and expenses, penalties and interest arising out of or as the
result of the entering into of this Agreement, the ownership of
any asset or any accident in connection with the operation, use,
condition, possession, storage or return of any asset resulting in
damage to property or injury to or death to any personl provided,
however, that Tigard shall not be deemed to be indemnifying
District for claims arising from its own conduct. The
indemnification arising under this paragraph shall continue in full
force and effect notwithstanding the termination of this Agreement
for any reason.
S. The fees, rates and charges charged by Tigard for
providing water services to properties, residences and businesses
in District shall be the same as those charged within Tigard.
Notwithstanding the foregoing, Tigard may impose higher fees rates
and charges for providing water service to properties, residences
and businesses when the cost of providing such service is greater
due to unusual circumstances, including, but not limited to
additional cost to pump water up hill to reach customers. Any
higher fees, rates and charges imposed for providing water service
shall be reviewed by the Intergovernmental Nater Board prior to
taking effect and shall be United to covering the actual
additional costs of providing such service. When higher fees,
rates and Charges are imposed, they shall be consistently applied
in both Tigard and the remainder of the original District, except
that at the request of the District, Tigard will collect on behalf
of the District additional charges imposed by the District on
District customers.
C. Assets/Revenues.
(1) Assets and revenues for system capital improvement shall
be held by Tigard in a fund dedicated solely for this
purpose.
INTEROOVIRNJL3NTAL AOREIKINT
TIOARD/NATER DISTRICT -6 (12/13/93)
12/13 17:42 1993 FROM: 503 243 2944 TO: 5037785299 PAGE: 8
ODONNELL RAMIS ET AL 503-243-2944 Dec 13,93 17 :44 No .034 P .08
r
(_) Thos' assets (moneys) transferred to Tigard as a result
of the division of assets alter withdrawal from the
original District by Tigard which were previously
dedicated by the District to system capital improvement
shall be used solely for system capital improvement by
Tigard in accordance with subsection S.D.
(3) Those assets (moneys) retained by the District as a
result of the division of assets after withdrawal from
the original District by Tigard, which are being utilised
by Tigard pursuant to Section S.A. and which are
dedicated by the District to system capital improvement
shall be utilised by Tigard solely for system capital
improvement in accordance with subsection S.D.
(4) The Parties agree to develop a methodology for system
development charges and to impose and collect such
charges in their respective jurisdictions. If any of
the Cities or District tail to impose system development
charges as contemplated herein, then the other parties
may elect to terminate collecting system development
charges within their jurisdictions. (The Parties agree
that Tigard should col ect the system devel t charge.
imposed by the District until such time as Td imposes
its ownCharge.]
D. Capital Improvements.
(1) ((a) ] Capital projects shall be implemented in accord
with a long-range capital improvement program supported
by sound engineering analysis, in the best interests of
water customers within the original District, ignoring
city boundaries.
[(b) ] The capital improvement program must be
approved by the governing bodies of one less than the
number of lurisdictions holding an ownership interest in
the water system. (A governing may not unreasonably
withhold consent if the pee supported by sound
engineering analysis, is =best best interests of water
customers within the or inal District and consistent
with the goal of working to provide all of the
residents and property in original District with a
clean, economical water supply. If • proposed capital
Mery exzt. of is not approved as provided foor in
this_ , then the go sing bodies _
jurisdictions
ORA nay determine it fapproval under toff phe rogram
has bean unreasonably withheld.
•
INTEROOVZRNK$NTAL 11O1!.A1[!NT
TIOARD/NATIR DISTRICT -7 (12/13/93)
12/13 17:43 1993 FROM: 503 243 2944 TO: 5037785299 PAGE: 9
ODONNELL RAMIS ET AL 503-243-2944 Dec 13 ,93 17 :44 No .034 P .09
.
(c) g and shall prepare and deliver to the District a
Capital Improvement Plan no later than June 30,
1994 for consideration by the Cities and the District.]
The capital projects in the District's Capital
Improvement Plan dated , will be
included in.the long-range capital improvement program,
if approved by the governing bodies of one less than the
number of jurisdictions holding an ownership interest in
the rater system.
(2) The capital improvement program shall establish the
location of a capital improvement whether within Tigard,
King City, Durham or the District and shall distinguish
whether a capital improvement qualifies as (i) a water
main, service installation, structure, facility,
improvement or other property necessary for the operation
of the City of Tigard's water supply system (hereinafter
referred to as "system assets") , or (ii) not necessary
for the operation of the City of Tigard's rater supply
system (hereinafter referred to as "other assets") .
E. Long-term water supply contracts shall be entered into
in accord with the best interests of water customers within the
original District, ignoring city boundaries. Long-term rater
supply contracts must be a proved by the governing bodies of one
less than the number of jurisdictions holding an ownership interest
in the water system.
F. The District shall receive an annual rebate equal to 1%
of the previous year's water sale revenue within the District for
District expenses. (In addition Tigard will sate and
deliver $ from its initial (1/94 to 6 94) water fund
budget for District operating expenses for the period from January
1, 1994 through June 30, 1995.]
G. Ownership Rights.
(1) capital improvements made subsequent to entering into
this Agreement that are determined under Section 5.D. to
be "other assets" shall become the property of the
jurisdiction in which the improvement is located. For
capital improvements made subsequent to entering into
this Agreement that are determined under Section S.D. to
be "system assets," A516.ga:d► (the Cities] and the
District each shall have a proportionate interest in such
"system asset" capital
moem
vent's depreo ted valor t The dspreoiated value]
shall be based upon the useful life of the capital
INTERGOVERNMENTAL AORZZKENT
TIGARD/NATER DISTRICT Al (12/13/93)
12/13 17:43 1993 FROM: 503 243 2944 TO: 5037706299 PAGE: 10
ODONNELL RAMIS ET AL 503-243-2944 Dec 1393 17 :45 No .034 P . 10
inmpprrovenent under generally accepted accounting
princi las using a straight lin• method of depreciation.
mss► (The Cities'] and the District • proportionate
interest in [such "system asset"
capital improvement's depr.oiated value] shall be
determined based upon the following formula:
Jurisdiction's Proportionate Interest + 8 + Co
3,()/3]
A • Jurisdiction's Percentage of. (Current] Consumption
in original District
8 • Jurisdiction's Percentage of (Current) Real Market
Value in original District
C - Jurisdiction's Percentage of (Current) Meters in
original District
( (3) Should one of the Cities or the District terminate its
water service agreement with Tigard, such jurisdiction
shall have rights to the use of such system assets equal
to its Jnr sdiction'• Proportionate Interest as
determined above. Tigard shall be provided reasonable
compensation for any use of its water system necessary
for the continued reasonable use of a system asset by a
jurisdiction. If the asset is not essential to the
operation of such jurisdiction's water system, Tigard
may terminate such jurisdiction's rights In the system
asset capital isprovement by pelmet of a suel to
the Jurisdiction's Proportionate Interest in the
depreciated value of such system asset.
(3) The Parties achnovledge that the water systen currently
serving the original District is an intewated system.
To the extent that either Party should terminate this
Agreement, the Parties agree to ate with each other
and to enter into such neoessary for the
continued reasonable operation of the resulting water
systems.
M. Accounting]
411.940((l) ] Mater activities will be accounted for in the same
canner as other enterprise activities currently
under the jurisdiction of Tigard. Expenditures
INTERGOVERNMENTAL AGREEMENT
TIGARD/MATER DISTRICT -9 (12/13/93)
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ODONNELL RAMIS ET AL 503-243-2944 Dec 13 ,93 17 :46 No .034 P . 11
directly linked to water activities will be recorded
in the water fund. Applicable indirect charges will
be apportioned to the water fund in the same manner
as such charges are apportioned to other enterprise
funds to properly reflect the costs associated with
each activity. Tigard shall use generally accepted
accounting principles applicable to utility
enterprises for the recording and. identifying of all
revenues and expenditures made for the water system.
The Intergovernmental Water Board shall review such
allocation and methodology.
1 (9) The accounting method used by Tigard shall, to the extent
possible, document the use of assets by Tigard for non-
water system activities. Use of assets by Tigard for
non-water activities shall be funded from resources other
than the water fund.)
I. The Parties to this Agreement shall not have the right
to transfer ownership of or remove system assets or any interest
therein received or kept as a result of the Cities' withdrawal from
the original Distriot or any interest in system assets aoquired
during the term of this Agreement without written consent of the
other Party. Neither the benefits received by the District nor the
obligations incurred under the teras of this At are
assignable or in any manner transferrable by the Dis riot without
the written consent of the City.
J. No part of this Agreement shall be interpreted as a .
waiver of either Party's statutory rights upon annexation of
territory.
6. Indebtedness.
A. Each of the Parties shall be liable for their respective
share of the debt, if any, acquired or retained as a result of the
Cities' withdrawal from the original District.
B. Tigard say incur, without the consent of the District,
debt relating to the water supply system, provided payment of the
debt is fee, rate or charge based. If the debt is to be paid for
by means other than fees, rates or charges, Tigard must have
approval and consent of the governing body of the District in
writing prior to incurring such debt. The District shall be liable
for its proportionate share of any debt for which it has given its
written approval and consent.
C. If this Agreement is terainated by either Party and
indebtedness remains under Section e.A. or has been incurred and
approved by the District in saner described in Section 6.3.,
District shall eithers
INTERGOVERNMENTAL AGREEMENT
TIGARD/NATER DISTRICT •10 (12/13/93)
12/13 17:45 1993 FR0": 503 243 2944 10: 3037783299 PAGE: 12
ODONNELL RAMIS ET AL 503-243-2944 Dec 13 ,93 17 :46 No .034 P . 12
1. Pay in full, within 60 days of the effective date
of termination, its proportionate share of the
indebtedness) or
2. Pay annually its proportionate share of the
indebtedness as payment is due.
7. ASIMUMILIKinigad-11-Zigagd.
A. Tigard rill provide water to properties and customers in
all jurisdictions equally. If circumstances require water
restr ctions, each jurisdiction shall share equally. The District
may not sell water provided through this Agreement to a third party
without the prior written consent of Tigard.
B. Tigard will provide equally andin a manner consistent
with the terms of this Agreement all services required for delivery
of potable domestic water to properties and customers within the
cities of King City and Durham as well as the territory of the
District, including but not limited to system repair and
maintenance, water distribution, new installationssystem
upgrades, and billing functions. Tigard is under no obligation to
provide such water services to areas annexed to the District
subsequent to this Agreement.
c. District agrees that Tigard is empowered to use any right
of condemnation possessed by the District that is necessary to
provide water services consistent with the terms of this Agreement,
and will take any action necessary for Tigard to exercise that
right on the request of Tigard.
D. To the extent that such agreements or contracts are
transferrable, the District agrees to take the nece ary action to
transfer its water supply agreements or contracts with the City of
Portland and the City of Lake Oswego to Tigard in order to
facilitate the provision of water services consistent with the
terms of this Agreement.
a. )lines alhd magtuletios.
A. The Eyler, bates and ligulations far water s.vice
, (November, 1992) , adopted by the Board of Commissioners
Tigard Nater District is attached hereto as Exhibit NAN and shall
be deemed a part of this Agreement.
B. The Tigard City Council may modify, alter or repeal the
rules, rates and regulations in Exhibit "A." Rules and regulations
will be modified, altered or repealed only after the
intergovernmental Water Board has had the opportunity to study the
proposed rules and regulations. The intergovernmental Water board
INT AL AGREEMENT
TIOARD/MATER DISTRICT -11 (12/13/92)
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ODONNELL RAMIS ET AL 503-243-2944 Dec 13,93 17:4? No .034 P . 13
is empowered to make a continuing review of any and all rules and
regulations regarding the water system which may be adopted by the
Council and periodically to maks recommendations to the Council for
additions or aaendaents of such rules and regulations. The Parties
agree to comply with the rules and regulations currently in effect
and as hereafter adopted by the Tigard City Council, and rater
service to the District shall be governed thereby.
9. bion of A.rvig .
A. Extension or aodification of Districts water distribution
system shall be done only with prior written approval of District.
Turtheraore, Tigard will not make any extensions or service
connections within Xing City's or Durham's Urban growth Boundary
without permission from the Xing City or Durham City Council.
B. For the unincorporated area within the District, it is
the governing body of the District which, subject to the rules and
regulations specified in Section 6, bee the authority to allow
connections to the water supply system.
C. Residents located within the District shall not be
responsible for any expenses associated with efforts of the City
of Tigard to withdraw frog the Tualatin Valley Water District to
reach the goal of having a single water purveyor for the City.
10.
All employees of the Southeast Washington County Joint Water
Agency shall become eaployees of the City. The City 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 City's authority to alter benefits or
salary except as such authority is otherwise limited by this
Agreement or by the provisions of ORS 136.605 to 336.650.
11. appu.i Mating.
The governing bodies of the Parties to this Agreement shall
meet annually with the Intergovernmental Water Board to discuss
and consider issues related to this Agreement. The
Intergovernmental Water Board and the Tigard Water Department shall
issue an annual report on its activities to the Parties at this
meeting.
12. attorneys T .
In the event any suit, action or other proceeding is brought
with regard to this Agreement, or to enfants any of the provisions
hereof, the prevailing party in any such suit, action or other
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proceeding, or any appeal therefrom, shall be entitled to
reasonable attorneys fees. Attorney fees which are awarded
pursuant to this Section may not be paid from the fees, rates and
charges collected by Tigard for water services.
13, Aspiieabie Law.
This Agreement shall be governed by and construed in
accordance with the laws of the State of Oregon.
14. Ra�titigation of this ngre .
Prior to the effective date of this Agreement, each Party
shall enact a resolution ratifying the Agreement. This Agreement
ma be simultaneouslyexecuted in several counterparts, each of
which shall be an original and all of which shall constitute but
one and the same instrument.
15. MiIIdn*nti.
Any amendment to this Agreement must be approved by the
governing bodies of the District and Tigard.
16. sffactiva Data.
This Agreement shall be effective January 1, 1994.
CITY OF TIGARD, OREGON
Attest: By:
TIGARD WATER DISTRICT, OREGON
Attests By:
INTERGOVERNMENTAL AGREEMENT
TIGARD/NATER DISTRICT •13 (12/13/93)