Tualatin-Services to Bridgeport - Durham Quarry INTERGOVERNMENTAL AGREEMENT BETWEEN
CITY OF TIGARD AND CITY OF TUALATIN
FOR PROVISIONS OF WATER, SANITARY SEWER AND
STORM DRAINAGE SERVICES TO BRIDGEPORT VILLAGE
RECITALS
1. This intergovernmental agreement,hereinafter"Agreement,"is entered into on the last date
shown on the signature page by the City of Tualatin,a municipal corporation of the State of
Oregon,("Tualatin'), and the City of Tigard, a municipal corporation of the State of Oregon,
("Tigard").
2. Tigard and Tualatin have the authority to enter into contracts for the cooperative operation of
service facilities under ORS Chapter 190.
3. Tigard and Tualatin will establish and maintain an effective partnership for water and sanitary
sewer services that this agreement is designed to support, enhance,and clarify.
4. The subject Durham Quarry property,which is currently being developed, includes
approximately 21.43 acres within Tualatin and 7.16 acres within Tigard. If the property expands
to areas outside of the original 28.59 acres,the terms and conditions of this agreement shall
extend to all properties included within the development project.
5. On May 14,2002,Tualatin,Tigard and Washington County entered into an Intergovernmental
Agreement for the development of the Quarry Area and that agreement indicated that provisions
of service would be done as part of the development.
6. Tigard and Tualatin both have road maintenance fees established for their respective
jurisdictions.
7. Tigard and Tualatin both have water lines that are adjacent to the site.
8. Tigard and Tualatin both have sanitary sewer lines that are adjacent to the site.
9. Tigard has storm drainage lines adjacent to the site. Tualatin does not have storm drainage lines
adjacent to the site.
10. Tigard and Tualatin both want to provide utility services in the most efficient way for each
jurisdiction.
11. Tigard and Tualatin both agree that it is in the best interest that each building receives only one
utility bill covering all services provided.
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Bridgeport Village—Utility IGA
NOW,THEREFORE, in consideration of the covenants and agreements to be kept and performed by
the parties, it is agreed as follows:
I. DEFINITION OF TERMS
Wherever the following terms are used in this agreement they shall have the following meaning
unless otherwise specifically indicated by the context in which they appear:
A. "Project"means the area set forth in the map attached as Exhibit A as may be amended.
B. "City Manager"means the City official responsible for managing the day-to-day business
affairs of the City.
C. "Operation and Maintenance"means the regular performance of work required to assure
continued functioning of the water and sanitary sewer systems and the corrective measures
taken to repair facilities to keep them in operating condition and in compliance with the
requirements of applicable laws, regulations, and permits.
D. "Sanitary Sewer System"means any combination of sewer pipe, laterals, manholes, side
sewers, and any other facilities for the collection and conveyance of sanitary sewage
comprising the total publicly-owned Sanitary Sewer System within the project, to which
storm, surface and ground waters are not intentionally admitted.
E. "Water System"means any combination of water pipe, laterals,valves, and any other
facilities for the conveyance of water comprising the total publicly-owned Water System
within the project.
F. "Storm Drainage System"means any combination of storm pipe, laterals, and any other
facilities for the conveyance of storm water comprising the total publicly-owned Storm
Drainage System within the project.
II. DELEGATION OF AUTHORITY
The purpose of this agreement is to delegate specific functions relating to the sanitary sewer,
water and storm drainage systems. The responsibilities of Tigard and Tualatin are defined in
this agreement. Exhibit A is a map showing the project and is made a part of and incorporated
into this agreement.
III. DIVISION OF RESPONSIBILITIES
A. Sanitary Sewer System
1. Tualatin will provide sanitary sewer service to the following buildings A,B, C,D, E,
F,G, H, I,J, K, L, M,and Pads 2, 3,4 and 5.
2. Tigard will provide sanitary sewer service to Pads 1, 6 and 7.
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Bridgeport Village—Utility IGA
B. Water System
Tualatin will provide domestic water service and fire protection water supply to the
following buildings A, B, C,D,E, F, G,H, I,J, KL, M and Pads 1, 2, 3,4, 5, 6 and
7.
C. Storm Drainage System
1. The on-site storm drainage system will be privately owned and maintained.
2. Clean Water Services will provide storm drainage connection point for the project in
SW Findlay Road.
D. Public Street System
1. Washington County will maintain SW 72"d Avenue south of the Tigard/Tualatin City
limit line, SW Bridgeport Road, and SW Lower Boones Ferry Road.
2. Tualatin will maintain the new public roadway entrance for the relocated Village and
the north Park and Ride facility.
3. Tigard will maintain SW 72nd Avenue north of the Tigard/Tualatin City limit line.
IV. ADMINISTRATIVE AND OPERATING PROVISIONS
A. Sanitary Sewer System
1. Sanitary sewer services shall not be extended to areas outside the project area,as
shown on Exhibit A,except with prior approval from both Tigard and Tualatin,and
only where new development desires sanitary service and needs to directly connect a
lateral or sanitary sewer line directly to an existing line within the project area.
2. Tualatin will maintain public sanitary sewer lines,as shown on Exhibit A,to
Buildings A,B, C,D, E,F,G, H,I,J,K, L, M and Pads 2, 3,4 and 5.
3. Tigard will maintain public sanitary sewer lines,as shown on Exhibit A,to Pads 1, 6
and 7.
B. Water System
1. Water services shall not be extended to areas.outside the project area,as shown on
Exhibit A, except with prior approval from both Tigard and Tualatin, and only where
new development desires water service and needs to directly connect a lateral or
public waterline directly toan existing line within the project.
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Bridgeport Village—Utility IGA
2. Tualatin will maintain public water services,as shown on Exhibit A,to Buildings A,
B, C, D, E,F, G,H,I,J, K, L, Mand Pads 1,2, 3,4, 5, 6and 7.
C. Storm Drainage
1. Storm drainage services shall not be extended to areas outside the area of geographic
responsibility,as shown on Exhibit A,except with prior approval from both Tigard
and Tualatin,and only where new development desires storm drainage service and
needs to directly connect a lateral or storm drainage line directly to an existing public
line within the area of geographic responsibility.
2. On-site storm drainage lines will be owned and maintained by the property owner.
V. OPERATING PROCEDURES RELATING TO REVENUE
A. Road Maintenance and Storm Drainage Fees
1. Tualatin will collect the road maintenance and storm drainage fees for all buildings
located on the project.
B. Utility Billing
1. Tualatin will institute administrative procedures to diligently maintain regular billings
and collection of fees, adjust billing complaints,pursue delinquency follow-ups and
take reasonable steps for collection of bills and fees.
2. Tualatin will provide to Tigard information regarding the Equivalent Service Unit
(ESU)calculation from the building permits,to be used for storm drainage fees for
Buildings J, K and L and Pads 1 and 5,for budgeting purposes.
3. Tigard will provide to Tualatin billing rates for road maintenance and storm drainage
fees for Buildings J,K and L and Pads l and 5. If review or approval of a fee or
charge for road utility fees or storm drainage fees are necessary,Tigard shall provide
30 days notice before the date the fee or charge increase, at which time Tualatin will
incorporate the changes into the next utility billing.
3. Tualatin will collect the utility billings from the buildings located in the project area
and will monthly provide reimbursement of the road maintenance and storm drainage
fees to Tigard for Buildings J,K and L and Pads 1 and 5,and the sanitary sewer fees
collected from Pads 1,6 and 7.
4. Payments to Tigard,of revenue collected by Tualatin,shall be due within 30 days
following the end of each month,unless the payment has been appealed by the billing
Ply
5. When review or approval of a fee or charge for the sanitary sewer system or water
system is necessary,Tigard shall perform such review in a timely manner, shall not
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Bridgeport Village—Utility IGA
unreasonably withhold approval,and shall provide its decision to Tualatin in writing.
If,within 30 days of written request by Tualatin for approval by Tigard,Tigard has
failed to provide a written response,the request shall be deemed approved.
6. Tualatin will retain a$50.00 per month fee for administering the billing procedures.
C. System Development Charges(SDC's)
1. Tualatin will collect the system development charges for all buildings located within
the project area, and reimbursement of the SDC's owed to Tigard will be provided on
a quarterly basis. The fees to be reimbursed include the Sanitary SDC's for Pads 1, 6
and 7, as well as the storm drainage SDC's for Buildings J,K and L and Pads 1 and 5.
VI. DISPUTE RESOLUTION
In case of a dispute over the provisions of this Agreement,the Tualatin and Tigard star for
each entity will immediately refer the dispute to the respective managers to resolve the dispute.
If the respective managers are unable to resolve the dispute,then the issue will be referred to
mediation,with each City splitting the costs.
VII. COMPLIANCE WITH LAWS
Each party shall comply with all applicable federal,state and local ordinances, statutes,and
regulations that are applicable to the services provided under this Agreement.
VIII. HOLD HARMLESS
A. Subject to the limitations of liability for public bodies set forth in the Oregon Tort Claims
Act,ORS 30.260 to 30.300,and the Oregon Constitution,each party agrees to hold
harmless, defend,and indemnify each other,including its officers,agents and employees,
against all claims, demands,actions and suits(including all attorney fees and costs)arising
from the indemnity's performance of this Agreement where the loss or claim is attributable
to the negligent acts of omissions of that party.
B. Nothing in this Agreement shall be construed as a limitation upon or delegation of the
statutory and home rule powers of Tigard, nor as a delegation or limitation of the statutory
and home rule powers of Tualatin. This Agreement shall not limit any right or remedy
available to Tualatin or Tigard against third parties arising from illegal acts of such third
parties.
IX. AMENDMENTS TO AGREEMENT
Amendments to this agreement may be made if additional buildings are constructed beyond
those shown on the attached site plan,or changes to the service provider are necessitated by
unforeseen events. If amendments to this agreement are necessary,the City Engineer for
Tualatin and the Public Works Director for Tigard may amend this agreement to include new
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Bridgeport Village—Utility IGA
buildings or to make changes to the services provided,consistent with the intent of this
agreement.
X. MODIFICATIONS
Modifications or amendments to this Agreement are valid only if made in writing and signed
by the appropriate representative of each party. This writing is intended as the final expression
of the agreement between the parties with respect to the included terms and as a complete and
exclusive statement of the terms of the Agreement.
IN WITNESS WHEREOF,the parties have executed this Intergovernmental Agreement on the date set
below their signature.
CITY OF TIGARD, OREGON CITY OF TUALATIN, OREGON
By: lct By:
M"Or 6� Mayor
Date: / _ Date: April 25, 2005
Attest: -
(�-� �: Attest:
City Recorder City Recorder
Date: o!, oZCXJ Date: April 25, 2005
Ci Attorney City A orney
Date: 4: /41 Date: Ap r i 1 25, 2005
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URBAN SERVICES INTERGOVERNMENTAL AGREEMENT
BETWEEN
THE CITY OF TIGARD,THE CITY OF TUALATIN AND WASHINGTON COUNTY
RECITALS
1. This intergovernmental agreement, hereinafter"Agreement," is entered into on the last date
shown on the signature page by City of Tigard, hereinafter"Tigard,"the City of Tualatin,
hereinafter"Tualatin,"and Washington County, hereinafter"County,"all political subdivisions
of the State of Oregon; and
2. ORS 190.007 provides for the furthering of economy and efficiency in local government by
intergovernmental cooperation.
3. ORS 190.010 provides that units of government may enter agreements for performance of any
and all functions and activities that parties to the agreement, its officers or agencies have
authority to perform.
4. The parties desire to enter into this Agreement for the purpose of allowing better coordination
between Tualatin and Tigard in response to the imminent development on approximately 28.59
acres of property currently owned by County, plus additional land that may come under County
control, known as the Durham Quarry.
5. The subject Durham Quarry property,which is currently undeveloped, includes approximately
21.43 acres within Tualatin and 7.16 acres within Tigard. If the property expands to areas outside
of the original 28.59 acres,the terms and conditions of this agreement shall extend to all
properties included within the development project.
6. It would be to the benefit of Tualatin, Tigard and the County to coordinate planning,
engineering, and permit review for the development of the subject property.
7. All parties have agreed that the Durham Quarry property should be developed as a mixed-use
development project. Tualatin has developed a Mixed Use Commercial zoning regulations to
support this development concept. Tigard has adopted regulations for use on the land within
Tigard that are similar to the standards Tualatin adopted.
8. County intends to lease or sell this property for purposes of future development consistent
with the Mixed-Use Commercial zoning adopted by Tualatin and Tigard.
Page 1 of 4 Intergovernmental Agreement Between Washington County,the City of Tualatin and the City of Tigard
3/13/02
Exhi.hit A
THE TUALATIN AND TIGARD AGREE AS FOLLOWS:
I. AREA AFFECTED BY THIS AGREEMENT
The area affected by this Agreement is the Durham Quarry property as shown on Exhibit
I and any additional land that may become part of the project area.
II. DELEGATION OF AUTHORITY
Tigard delegates to Tualatin the authority to review and approve all land development
and building permits for that portion of the Durham Quarry property that is within the
City of Tigard.
III. DEVELOPMENT COSTS AND FEES
a. Land Development Fees: All fees,charges and taxes for the land development and
building permits for this property shall be paid to Tualatin except as provided by
subsection(d) below.
b. Transportation Impact Fees: Tualatin shall determine and identify the amount of TIF
charged for the building(s)or portions of building(s)within the city of Tigard.
Tigard,Tualatin and the County agree to work together to develop a system that will
allow any TIF charges collected for development of the property to be used for TIF-
eligible projects in any of the three jurisdictions, as the parties may further agree. If
transportation system improvements are required that are not on the cities'
transportation plans or the County TIF Base Report, the parties will initiate action to
adopt those improvements into their plans or reports, subject to applicable criteria
and procedure for taking such action.
c. TIF Credits: For improvements to the transportation system required of the developer
of the property,Tualatin shall make the determination of the amount of TIF credits to
be issued for such improvements, according to the provisions of County Code
Chapter 3.17. TIF credits for such improvements may be used to pay TIF charges
within any portion of the property,or for any offsite improvements required by
Tualatin, as the developer may request
d. SDC's: Tigard charges a parks SDC,water and a sewer SDC (if applicable)for
development. Tualatin has a parks SDC,but not for commercial development. An
accurate determination of the SDC's and their allocation cannot be determined until a
final site plan has been determined. When the site plan has been determined, the
SDC's shall be allocated based generally on the percentage of development in the
Tualatin and Tigard. The parties shall meet and agree to a fair allocation of those
SDC's. As Tualatin does not have a park SDC that is applicable to commercial
development,all park SDC's on commercial development as determined by the
allocation, shall be paid to Tigard. If SDC's are owed to Tigard,Tualatin shall
require the developer to pay directly to Tigard this amount.
Page 2of 4 Intergovernmental Agreement Between Washington County,the City of Tualatin and the City of Tigard
3/13/02
IV. OTHER PUBLIC SERVICES
The cities agree that when Tualatin has approved the ultimate design of the property,they
will resolve how best to provide efficient public services to the property. This may be
provided for in a separate intergovernmental agreement.
V. CONSDERATION FOR LOSS OF DEVELOPMENT RELATED REVENUE
In consideration of lost revenue for Tigard,County will pay Tigard $16,000 within 30
days of receipt of the first development application for the Durham Quarry by Tualatin.
V1. DISPUTE RESOLUTION
In case of a dispute over the provisions of this Agreement,the City and County staff for
each entity will immediately refer the dispute to the respective managers to resolve the
dispute.
VII. NOTICE OF APPLICATIONS,DECISIONS and APPEALS
Tualatin shall give notice to Tigard and County of all tort claims, land use applications,
hearings, decisions,building permits and any appeals of those decisions made under the
authority of this Agreement. Tualatin shall have the authority of defend any claims or
appeals arising from permits issued under this Agreement. Tigard and County may
comment on, participate in,and intervene in any appeal of such a decision.
VIII. TERM OF AGREEMENT
This Agreement shall be effective upon final signature and shall remain in effect for a
period of three(3)years after the issuance of the last building permit for site development
of the subject property. The Agreement may be extended for a subsequent three(3)year
term upon mutual agreement of the parties. This Agreement may be terminated by any
party upon ninety(90)days written notice to the other parties. If Tigard terminates this
Agreement before the permits for the portion of the property within Tigard are final, it
shall return any amounts paid by County under section V above.
IX. COMPLIANCE WITH LAWS
Each patty shall comply with all applicable federal, state and local ordinances, statutes,
and regulations that are applicable to the services provided under this Agreement.
X. DEBT LIMITATION
This Agreement is expressly subject to the debt limitation of Oregon Counties as set forth
in Article XI, Section 10 of the Oregon Constitution and is contingent upon funds being
appropriated therefor.
Page 3of 4 Intergovernmental Agreement Between Washington County,the City of Tualatin and the City of Tigard
3/13/02 ',,
Xl. HOLD HARMLESS
Subject to the limitations of liability for public bodies set forth in the Oregon Tort Claims
Act, ORS 30.260 to 30.300, and the Oregon Constitution, each party agrees to hold
harmless, defend, and indemnify each other, including its officers, agents and employees,
against all claims, demands, actions and suits (including all attorney fees and costs)
arising from the indemnitor's performance of this Agreement where the loss or claim is
attributable to the negligent acts of omissions of that party.
XII. MODIFICATION
Modifications to this Agreement are valid only if made in writing and signed by all
parties. This writing is intended as the final expression of the agreement between the
parties with respect to the included terms and as a complete and exclusive statement of
the terms of the Agreement.
In WITNESS THEREOF, the parties have executed this Intergovernmental Agreement on the
date set below their signatures.
WASHIN N OUNTY, OREGON CITY OF TUALATIN, OREGON
By: By:
Tonyeller, Mayor Pro Tem
Washington Co. City o Tualatin
Date: \J — /—0 Z, Date: a 5�V o2
Approved as to form: Approved as to form:
ounty Counsel City Attorney
CITY OF TIGARD,OREGON
By: Approved as to form
Jim JDri t h, yo
City of Tig
Date: 3/a Co/Da
kity
VAttorney
Page 4of 4 Intergovernmental Agreement Between Washington County,the City of Tualatin and the City of Tigard
3/13/02
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Exhibit 1