Tigard Water District - Delivery of Water Service FIRST AMENDMENT TO
INTERGOVERNMENTAL AGREEMENT
BETWEEN'THE. CITY OF TIGARD AND THE TIGARD WATER DISTRICT
'FOR DELIVERYOF;WATER SERVICE TO TERRITORY 1
WITHIN THE DISTRICT BOUNDARIES
THIS FIRST AMENDMENT TO THIS INTERGOVERNMENTAL
AGREEMENT (this "Amendment") is:made and entered into as of
. F� 2,57 , 2007, by and between the CITY OF TIGARD, an Oregon
municipal corporation, (hereinafter "Tigard") and the Tigard Water District, a
domestic water supply district existing under ORS Ch. 264, (hereinafter
"District"), referred to herein as "the,Parties".
RECITALS
A. The Parties previously entered into that certain
INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF TIGARD AND
THE TIGARD WATER DISTRICT FOR DELIVERY OF WATER SERVICE TO
TERRITORY WITHIN THE DISTRICT BOUNDARIES dated December 23, 1993
(the "IGA") relating_to the Parties' creation of the Intergovernmental Water
Board (hereinafter. "IWB") and the cooperative effort to serve the long term
water supply needs of the residents in the original District.
B. The Parties hereto desire to amend the IGA: to further ensure
consistency across the jurisdictions among rates and services, to clarify the
IWB votes required to change ownership of original District assets, to
memorialize a new lease between the IWB`and the City of Tigard for the Water
Building, to establish a process:for calculating and recording prorated
expenses and revenues, and to allow the IWB to.use proceeds from sales of
assets for expenses in addition to capitaL;improvements..
AGREEMENT.
NOW THEREFORE, in consideration of the terms and conditions
contained herein, the receipt and-adequacy of which are hereby acknowledged,
the Parties hereby amend the IGA as follows:
1. Paragraph 5. Asset Ownership;/Water Ratesf Revenues , B., is
replaced with the following:
First Amendment to the Intergovernmental Agreement
City of Tigard/Tigard Water District
Pagel of 4
B. The fees, rates and charges charged by Tigard for providing
water services to properties, residences and businesses in the District
shall be the same as those charged within Tigard, and rates shall be
consistent among those receiving water services from Tigard under this
IGA. 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 Water Board prior to taking effect and shall be limited
to covering the actual additional costs of providing such service. -When
higher fees, rates and charges are imposed, they shall be consistently
applied among all member jurisdictions, 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.
2. Paragraph S. Asset Ownership/Water.Rates/Revenues C. (2)
Moneys/Revenues, is replaced with the following:
(2) Moneys transferred to Tigard as a result of the division of
assets after withdrawal from the original District by Tigard which were
previously dedicated by the original District to system capital
improvements shall be used solely for system capital improvement by
Tigard in accordance with subsection 5.1), except that the
IntergovernmentalWater Board may at its discretion, and consistent
with voting requirements in Paragraph 3.D. of this Intergovernmental
Agreement, determine that said moneys may be used for other purposes.
3. Paragraph 5,'Asset Ownership/Water Rates f Revenues; G.
Accounting, is added tol as follows:
(3) In fulfillment of.the Intergovernmental Agreement's intent to
reliably and methodically account for expenses and revenues, Exhibit A
showing allocation of ownership interests is.attached'hereto and
incorporated thereby as the model for'documenting the use of assets by
the City of Tigard.
4. Paragraph 3. Intergovernmental Water'Board. D., is'replaced as
follows:
D., A quorum of the Board shall be three:(3) members. All actions
of the board shall require at least three (3) votes, excluding
abstentions.
First Amendment to the Intergovernmental Agreement
City of Tigard/Tigard Water District
Page 2 of 4
•l1
E. Notwithstanding prior agreements, no more than three (3)
jurisdictions' votes (from among.Tigard, Durham; King City and
the Tigard Water District) will be required to purchase; sell, or
otherwise act with respect to the original District's real
property assets..
• 1
BY. �.
IWB Representative for the City of Tigard
CERTIFICATE OF NOTARY PUBLIC
STATE OF OREGON
COUNTY OF Wazhmdw
Signed or attested before me on %JJA a 2 ,2007,by Ktjhm-
Signatwf Notarial Officer
OFFICIAL.SEAL y�
13REER A GASTON
NOTARY PUBLIC-OREGON
COMMISSION NO:373020
MY COMMISSION EXPIRES OCT.10,2007
First Amendment to the Intergovernmental Agreement
City of Tigard/Tigard,Water District
Page 3 of 4
By;
IWB Representative for the Tigard'Water District
CERTIFICATE OF NOTARY PUBLIC
a
STATE OF OREGONLL .
COUNTY OF— M PI
Signed or attested.before me on .TLC/'lam2:J 2007,by L71?Gl'0' .&.L�
OFFICtAL SEAL. Signature Notarial Officer
GREER A QASTON
' .NOTARY PUBLIC-OREGON
COMMISSION NO:373020
MY COMMISSION EXPIRES OCT.10,2007
First Amendment to the Intergovernmental Agreement_
City of Tigard/Tigard Water District
Page 4 of 4
AMENDMENT TO'INTERGO'VERNMENTAL AGREEMENT BETWEEN
CITY OF TIGARD AND TIGARD WATER DISTRICT
ECONOMIC AND ENGINEERING SERVICES, INC.
�\ ,d36o 4 W mmdem Avame,Some 965
Pwv8r .OR 67201
1s001223.9093•FAX 150312T4•8246
BXFJMIT A
GRE NCENT BBTWBEN TI-E CITY OF
FIRST AMItNDMENT TO INTERGOVERNMENTAL A E ,
TIGARD AND TM TIGARD WATER DMRICT
Letter Verllping System Asset and Liability Allocations from RBS Final Report ,
November 1, 1994
Ms,Beverly Froude
Tigard Water District
8777 S.W..Burnham Street
Tigard,OR 97223
bear Ms.Froude:
Enclosed please Sad Bconomic and Bn&eering Services, Ino-'s (BES's) final report of
d]ialuhjjlrzr&gMs Vgpared for the Tigard Water District(District).
The total of assets equals the total of liabilities• This total amount is $25,620,938 and is
allocated as follows:
Tigard Water District....................................: $5,394,464
City of Tigard..........................................:...... 17;997,978 (70.25%)
City ofDorh=............................................ 1,044,091 (4.08%)
City of mng City.• 11184,406 (4.62%)
' This report and the allocations have been adopted by resolutions passed by each jurisdiction.
Copies of the fbur resolutions are bound Into this Snal report,immediately after this letter.
Very tnAyyours.
stip PRtIFEp„
ECONOMIC AND 1ETTGMBRI O
SERVICES,INC.
�QR8DON9ib �//7 ,
Gavvvvaeert R
ProjectMsnsser
C€RM�p
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E3�r A
FIRST AMENDMENT TO IIITERGOVERPMENTAI,AGREBMENT BETVaMR THE CITY OF
TIGARD AND TM TIGARD'WATER DISTRICT
City of Tigard
Analysis of Proportionate'Interest Allocations
Updated from Tigard Water District System Assets and Liabilities Final Report November 1994
Allocation Basis
Real Market
Consumption* Value"'° Meters'"*
(A) (B) (C)
DiWc} 641,523 880,511,030 3,671
Tigard 2,093,982 2,822,340,560 12,196
Kng CRY 130,395 201,727,000 1,238
Durham 74:116. 116,051,350 358
,015_ 4,020,829,940 17483
Proportionate Interests
Proportionats Change From
Interests Original
District 21.82% 21.90% 21.02%* 21:58°l0 3.99%
Tigard 71.22% 70.20% 69.84% 7OA2% 2.96%
king City 4.44% 5.020A 7.09% . 5.51% -120%
Durham 252% 289% Y.OMA 2.4996 0.18%
100.00% 100.00%.t 100.00% 100.00% 0.000/0
"Other Assets"Percentages For Allocations
District Tigard _I(Ing City Durham
-
District,Tigard,King City 22.13% 7222%0 5.65% 0.00% 100.00%
District.Tigard 23.46% 76.54% 0.00% 0.00% 1 Q0.00%
Tigard,Durham 0.00% 96.59% 0.000/0 _ 3.41% 100.00% _
Annual consumption from November 1,2005 through October 31,2006
Real Market Value(RMV)Updated as of November 7,2006
**'Meter count updated as of October 31,2606
"tom ,Z o-F
TWD Study Analysis.xls 615/20072:47 PM
EXHIBIT A
FIRST AMENDMENT TO INTRAGOVERNMENTAL AGREEMENT BETWEEN THE'CITY OF
TIGARD AND THE 71GARD WATER DISTRICT
CITY OF TIGARD, OREGON
R SOZJUTZON NO.
A a$SOLUTZON OF THE CITY COUNCIL, CITY OF TIGARD, OREGON, TO ADOPT
THE TIGARD WATER DISTRICT SYSTEM ASSETS AND LIABILITY REPORT AS
RBQMSED BY THE INTERGOVEMMNTAL WATER BOARD (M)
"EMU" the Tigard IGhber District, in-accordanoe with-S00ti.on
4 ,p the Intergovernmental Agreement hereinafter "Agreement„)
between the city of Tiprd and the T gard Water District for
Dalivery of 'HOateir 6ery ce to Territories Within the. District
Boundaries has caused preparation of a System Assets and Liability
Report= and
WjMpjMgI the Tigard -Water District accepted the repbrt with
amendments an. September 12, 3:994; and
WMpAS,.'the Intergovernmental Water Board reviewed thel Tigard
Water Distrcois actions and further amendments as proposed by
Tigard Water District and its conBUItants, Economic se Mgizseering.
Tigard W er and unanimously voted to recommend that the cities
servicof Durham, King city, aBd. .Ti.gard formally adopt the plan; and
WHEREAS, the City of Tigard acknowledges that it has reviewed
the the directionng vensand finds to the TWB pts contents to be articipants withincn
Section
• of the Agreement;
' Now, THIIMFORE, BE IT RESOLVED BY THE CITY' COUNCIL OF THE CITY
OF TIGARD THAT:
SECTION 1: The conclusions contained within the Tigard Water
District System Assets .and Liability Report , as
revised by the Intergovernmental Water ,Bcard (IM)
are accepted and adopted.
'•
PASSED: By unan'IrY1M4 vote , of all Council members
preis.en xbe rig,r ad :.by number and title only,
this day of A, 1994.
by Wheat.leyA city Ucarder
3.994.
AFI'ROVED s This c:Mda.._._ y of
J Wertz, yor
Approved as to form;
C •y Attorn?
Date:
wnMUStcfi we 3
a
u�uaaNl• l+
FIRST AMENUA .ZNT TO INTERGOVERNMENTAL AGREE].—a]BETWEEN THE CITY OF
TIGARD AND THE TIGARD WATER DISTRICT
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ia'3h.%.�roiu:;L��e sari���al; ��s�r;sct •by
tsr.s!hi'l '-'b' .cons }}gia�t ". ? : o1Pwatg" �c?c,�Pts:.
' '1•,'�"�r'r����'r.`1::,:y;•.•, ,_,'11,,,'•,.•4�,-x'11 ±1t�. .,j r:: ",, :��,�'- L':'•!:.. '
� 1)' ::•. Gtr.' rr. u�e; a3 ;`: irsI?al'.a�n ',xritanga ble property.
n. ia' ga��1 "p ? '"' lirii5�d�s but is not'limitec� 'to: moneys,
checks, drhfts., iiepos ts , interest, dividends and income.
(2) Assets will be divided into two groups:
a. System Assets: Assets necessary for the operation
of Tigard's water supply system throughout the original
District, not,including those "other assets" of Tigard.
Versonal and intang-lble property are system assets. X
Tater; rmas, :searvice 'installations, structures,
'• 'a .ite.. �, r verve is,•or:•c.�her prQpert-y necessary•far
star s T of
system.
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st
� Y , 4 r•1
`• `yi�'' 'tIAL'hL rl: SS, t9•<1;.`• °. 00
S,Sets,.,ln'at "17eCeSSary for the a
, 3d y,s water s�?1?ply system 64
,' .4�i7 ex .,"sekts -shall
r. � .,.::. bm�',• ,t p '¢ �:: eir ¢ ?;c ,F;iP :h;??k 'Wih.:thy. o
-yr 1 4.. rl l:C�,•�''• '+.. 1: 7` •�.
d lC"elog
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':,�5•�rictiire�;,:�.��,°,�,7.3.����;�:''�. ',b'v' i�t� l.tl 'per �5t�"�-ir-. �-...
.;. t z}ekes. y' s�r�.'tl�e:t�ieratzon"o'f• :th ;; xty of Tagard''s O
:vgteP',s tppl •sy to lx oiiyhoii�;Abe 'oxig�nal pistrict are d•
<gther a? at"s
; 33. : �1 s ►stem 'assgts. and other assets shall be pledged by r,
thQ ,cities and the District to -Tigard.. All system assets and other y
assets shall: be managed-by Tigard and shall be utilized by Tigard � Ca
in order to provide water services to properties, residences and
businesses in the original District.
C. Should one of the Cities or the District terminate its y
water service agreement with Tigard, the Cities' and the District's
proportionate interest in a system asset shall be determined based .
upon the following formula:
, ttixi$cTct 'oi,'s ,PropAt3onate Interest {A + S + C) 13
sto, ,.S`, ezce tape.Q;f.Cu�ent.Cp umption.?x4
• n'I
' •�' •'•`; i^..,�' .:.I;: •.l�'q`h,�],, � •��J � �''''• :l ill. '"� ,1'..i'h
'.1�'.'.i.' '•�''I, •Lir •I1ijl Q1^ �'( .'(f���H:.'• '��•Q '.. '� i '�' � .. '
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••1: ;'ti. ••�;::ly��i':ti''yt''i:'�.,f 1;•:'l,i: S4�ti,:•V,.ly,4•!i�,�i�t/1�4��'ti�ri=•t t"':'�i� ...,..:.:� .,,r�i ,,�5•.
xt
Make.
:I`::jsy,•�.• ��;,: 1.L. o"i'•r''t5' L a4c` .�: 1`L1, y� sn 1
•J•:•1,•: ::� (,tia.�'j�'j'�.• '�i,'.:'.li•`\'�•"j•i�?:`�'`;�'�,E'�,•-'.'ri�••31 17�� 7�•'ll��•;:-"��+..'��-',S;Fc?;•�F,t,•' ', ..i�'�` ...
C = Jurisdiction's Percentage of •Cgrrent: Meters in
original District
The C 'ti:gs' aii4,the District's prgportiona'te interest in
a sys'tein asset 'capib-al •itnproyleament shall be based upon the capital
ilnpzgv�ment{s, . �p E!�4ated'!vat ue .`' , 'he'Aepreclated value shall- be
> h .`�i' ful, ': fe,r iq ; :, e vtcapital improvement under
gelaa] 3r :' rcepe ,eFAotiii?t?.i]B:':,P,rinca plus..using a. stray cht line
.�elL.,��le+��•1'."''`t�.�or�,... 1;��'s'�:'�- '•k: -''' ,,' .
•,''aiu�•.,1L}+�1,. <t'v.!! t�'.�... `X:� I,l�•S,••t..1:'''a.l,.�.•e,�,• :.4•t•r.•,�t.. �t.•'�.'�•`;i,•i�
y: +�. .'I .\4••f{.• t.� I F 6"� +�1.1' �":ir`li .'11 5•••• •�a,••,.:i ,•, ..',a �.. -
•••1:`r•p•1 .,,y!y '•5.�.
r.{ pr. 'i :. ,gretnei f=oar rass.ets
. :y�i'•�r'a'ta'±�- ,�'•�.��!�.�. ;JJ_�,• a�}l" .ti 'r:rl�rl•�� A, w`•.
`' aec4' i`•�th i t.YQ':p ,�r ,q � fit :;��,+ +�k d e p?�.,;?x?•;,_01ich, : lie: :�sstie
',''�.3.OT',�a':�p{•'y .i.•Lly �y1' t:•• '� 1 :.L`: � 1•if� ;Ny ti_' '..:, •
4. hl ,:�1�•.,l' ..il.,•:�':'''•:ISI••il,. .L.' .i , 5•.S I,•:•. '�� ''.I ;+' .'�:''•..:�•i ,\• .''�. ..
TIGARD WATER DISTRICT
Resolution 93-17
A RESOLUTION APPROVING AN AGREEMENT WITH THE CITY OF
TIGARD TO PROVIDE DOMESTIC WATER SERVICE TO THE DISTRICT.
WHEREAS, the District is a domestic water supply district existing under ORS
264 providing domestic water service to residences and business' located in certain
unincorporated areas of Washington County; and
WHEREAS, until June 30, 1993, the District also provided domestic water service
to all areas presently served by King City, the City of Durham and the City of Tigard (the
"Cities"); and
WHEREAS, the Cities enacted ordinances pursuant to. ORS 222, effective July 1,
1993, withdrawing their respective territories from the former boundaries of the District;
and
WHEREAS, a Joint Water Agency (the "Agency") was formed, effective July 1,
1993, to provide domestic water supply service to businesses and residences located
within the boundaries of the original boundaries of the District until December 31, 1993;
and
WHEREAS, the City of Tigard informed the District that it intended to establish
its own water department for the purposes of providing water to the businesses and
residences located within the boundaries of the City of Tigard, effective January 1, 1994;
and
WHEREAS, the City of Tigard has offered to contract with the District, the City
of Durham and City of King City to provide domestic water service to businesses and
residences in those areas; and
WHEREAS, the District has negotiated a long-term water contract, in the form
attached hereto as Exhibit A (the "Agreement"), with the City of Tigard for the City of
Tigard to provide domestic water service to businesses and residences in the District.'
Resolution 93-17
Tigard Water District
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 shall be approved by the
representative of the District executing said document, said representative's execution
thereof to be conclusive evidence of said representative's approval.
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. Appointments to Intergovernmental Water Board.
George Morgan is designated as the District's member on the Intergovernmental Water
Board created under Section 3 of the Agreement. John Haunsperger is designated as the
District's alternate member on the Intergovernmental Water Board.
Section 4. 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 4 members of the Board of Commissioners of the District, with a
quorum present, this 27th day of December 1993.
Name
Title: hairman
Secretary
CITY OF TIGARD, OREGON
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL, CITY OF TIGARD, OREGON, APPROVING.
THE INTERGOVERNMENTAL AGREEMENT- BETWEEN THE CITY OF TIGARD AND THE
TIGARD WATER DISTRICT, AUTHORIZING THE-MAYOR TO SIGN THE AGREEMENT,
AND APPOINTING THE MEMBER AND ALTERNATE TO THE
INTERGOVERNMENTAL BOARD BOARD CREATED . UNDER SECTION 3 OF THE
AGREEMENT. C t t"b 15
[Scr ive.+te4,1S
BE IT RESOLVED BY THE CITY COUNCIL OF TIGARD THAT:
SECTION 1: The Intergovernmental Agreement for water services
between the City and. Tigard Water District,
attached hereto as Exhibit A, is approved. The
Mayor is hereby authorized and directed to execute
the Agreement.
SECTION 2: The City Recorder is authorized to do all things
necessary to secure signatures from the Tigard
Water District and to deliver a copy of the signed
Agreement to the City of King City and the City of
Durham.
SECTION 3: o h r) SC Kt va r-�� is designated as
the City's member on the Intergovernmental Water
Bard created under Section 3 of the Agreement.
�4 UmLk is designated as
the City's alternate member on the
Intergovernmental Water Board.
PASSED: By L mULkO vote of all Council members
present after being read b number and title only,
this da of1993.
Cathy Wheatley, City R order
APPROVED: This o� 1f -" day o , 1993.
Gerald war s, Mayor
App oved as to f
C17dy Attorn6y
Date:
aa,�c�ara�avgarat�a.�
ME=
O IM&T N oQ
INTERGOVERNMENTAL AGREEMENT
BETWEEN THE CITY OF TIGARD AND THE
TIGARD WATER DISTRICT FOR
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 water 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.
RECITALS:
1. The cities of Tigard, King 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 King 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, King City, Durham, and the District,
and with that revenue Tigard will 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 water supply and capital improvement planning to serve
present and future water customers of the original District.
INTERGOVERNMENTAL AGREEMENT
TIGARD/WATER DISTRICT - 1 (12/23/93 - FINAL)
7. The Parties shall continue to prepare independent tax
coordination plans.
8. 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 264.210 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. Mission Statement.
The Cities withdrew from the original District with intent to
take a more active role in planning and operating a domestic 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 all 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 a cooperative effort to plan
for the future long term water supply needs of the area.
2. Term.
This Agreement will be in full force and effect until December
31, 2018, 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 ten years prior to the
effective date of termination. Tigard recognizes that by this
Agreement, it is assuming the responsibility to provide water 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.
3. Intergovernmental Water Board.
A. Tigard will establish an Intergovernmental Water Board
(IWB) . The Intergovernmental Water Board will consist of five
members. Members of the Board will be appointed by the respective
governing bodies as follows:
INTERGOVERNMENTAL AGREEMENT
TIGARD/WATER DISTRICT - 2 (12/23/93 - FINAL)
Tigard - One Member
King City - One Member
Durham One Member
District/Unincorporated Area - One Member
At Large - 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 two 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.
(2) 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 respective governing 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.
D. A quorum of the Board shall be three (3) members. All
actions of the Board shall require at least three (3) votes,
excluding abstentions.
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 make a continuing study of the rate structure of the
water system.
INTERGOVERNMENTAL AGREEMENT
TIGARD/WATER DISTRICT - 3 (12/23/93 - FINAL)
(2) to consider and prepare plans for and make
recommendations to the Council for a long-range operation
and management program.
(3) to investigate 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 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 make
recommendations to the Council for additions or
amendments of such rules and regulations.
(8) to work with other agencies and jurisdictions in a
cooperative effort to plan for the future water supply
needs of the area.
(9) to make recommendations to the Council relative to all
of the above-mentioned matters and as to any other
matters which the Intergovernmental Water Board may feel
to be for the good of the water system, the overall
public interest and for the benefit of the consumer.
F. 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 water 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 Intergovernmental Water Board may not grant variances
relating to annexation of. property, fire protection
requirements, cross-connection requirements, fees, rates
and charges.
INTERGOVERNMENTAL AGREEMENT
TIGARD/WATER DISTRICT - 4 (12/23/93 - FINAL)
4. Division. of Original District Assets.
A. Pursuant to ORS 222.5,40(4) , the District agrees that the
division of assets after withdrawal from the original District by
the Cities shall be consistent with the following concepts:
(1) Assets include real, personal and intangible property.
"Intangible property" includes but is not limited to: moneys,
checks, drafts, deposits, interest, dividends and income.
(2) Assets will be divided into two groups:
a. System Assets: Assets necessary for the operation
of Tigard's water supply system throughout the original
District, not including those "other assets" of Tigard.
Personal and intangible property are system assets.
Water mains, service installations, structures,
facilities, improvements or other property necessary for
operation of the City of Tigard's water supply system
throughout the original District are system assets.
b. Other Assets: Assets not necessary for the
operation of the City of Tigard's water supply system
throughout the original District. Other assets shall
become the property of the jurisdiction in which the
asset is located. Water mains, service installations,
structures, facilities, improvements or other property
not necessary for the operation of the City of Tigard's
water supply system throughout the original District are
other assets.
B. All system assets and other assets shall be pledged by
the Cities and the District to Tigard. All system assets and other
assets shall be managed by Tigard and shall be utilized by Tigard
in order to provide water services to properties, residences and
businesses in the original District.
C. Should one of the Cities or the District terminate its
water service agreement with Tigard, the Cities' and the District's
proportionate interest in a system asset shall be determined based
upon the following formula:
Jurisdiction's Proportionate Interest = (A + B + C) /3
A = Jurisdiction's Percentage of Current Consumption in
original District
B = Jurisdiction's Percentage of Current Real Market
Value in original District
INTERGOVERNMENTAL AGREEMENT
TIGARD/WATER DISTRICT - 5 (12/23/93 - FINAL)
C = Jurisdiction's Percentage of Current Meters in
original District
The CitfesO and the District's proportionate interest in
a system asset capital improvement shall be based upon the capital
improvement's depreciated value. The depreciated value shall be
based upon the useful life of the capital improvement under
generally accepted accounting principles using a straight line
method of depreciation.
D. Upon termination of this Agreement, other assets shall
become the property of the jurisdiction in which the asset is
located.
5. Asset Ownership/Water Rates/Revenues.
A. Tigard's Utilization of Assets.
(1) The Parties agree that all system assets in which the
Parties have an undetermined proportionate interest and all
other assets received as a result of the division of assets
after withdrawal from the original District by the Cities
shall be utilized 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 utilized by Tigard,
unless and until transferred to Tigard by agreement or
operation of law. Tigard will maintain and insure the real
and personal property assets it utilizes. The Parties agree
to execute all documents necessary to allow utilization of the
assets by Tigard.
(2) Tigard agrees that it will maintain, preserve and keep
the assets it utilizes in good repair and working order.
Tigard may appropriate from the water fund all moneys
necessary to meet this obligation.
(3) 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 proprietary purpose 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, use, occupancy and
upkeep of the assets. Where. there is shared use of the
INTERGOVERNMENTAL AGREEMENT
TIGARD/WATER DISTRICT - 6 (12/23/93 - FINAL)
assets, these costs will be shared in an equitable manner.
(4) 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 authorized
to issue such insurance in the State 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 may 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.
(5) 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 person; 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.
B. 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
INTERGOVERNMENTAL AGREEMENT
TIGARD/WATER DISTRICT - 7 (12/23/93 - FINAL)
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 Water Board prior to
taking effect and. shall be limited 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. Moneys/Revenues.
(1) Moneys and revenues for system capital improvement shall
be held by Tigard in a fund dedicated solely for this
purpose.
(2) Moneys transferred to Tigard as a result of the division
of assets after 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 5.D.
(3) Moneys deposited in a reserve fund for revenue bonds of
the water system are not a system asset and are not
subject to the system asset distribution formula in
Section 4 of this Agreement.
(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 fail 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 collect the system development charges
imposed by the District until such time as Tigard imposes
its own charge.
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.
INTERGOVERNMENTAL AGREEMENT
TIGARD/WATER DISTRICT - 8 (12/23/93 - FINAL)
(b) The capital improvement program must be approved by
the governing bodies of one less than the number of
jurisdictions holding an ownership interest in the water
system. A governing body may not unreasonably withhold
consent if the program is supported by sound engineering
analysis, is in the best interests of water customers
within the original District and consistent with the goal
of working together to provide all of the residents and
property in the original District with a clean,
economical water supply. If a proposed capital
improvement program is not approved as provided for in
this subsection, then the governing bodies of any two
jurisdictions may request mediation under the provisions
of ORS Chapter 36 to determine if approval of the program
has been unreasonably withheld.
(c) Tigard shall prepare and deliver to the District a
proposed Capital Improvement Plan no later than June 30,
1994 for consideration by the Cities and the District.
The District's Capital Improvement Plan dated June, 1993,
will guide Tigard's spending on capital projects until
a capital improvement program is adopted pursuant to
subsection (b) .
(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 a system asset
or other asset.
(3) Capital improvements made subsequent to entering into
this Agreement that are determined 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 to be system assets, the Cities and the
District each shall have a proportionate interest in such
"system asset" capital improvement's depreciated value.
The depreciated value shall be based upon the useful life
of the capital improvement under generally accepted
accounting principles using a straight line method of
depreciation. The Cities' and the District's
proportionate interest in such "system asset" capital
improvement's depreciated value shall be determined based
upon the formula in Section 4.D. of this Agreement.
(4) Should one of the Cities or the District terminate its
water service agreement with Tigard, such jurisdiction
shall have rights to the use of all system assets equal
to its Jurisdiction's Proportionate Interest as
INTERGOVERNMENTAL AGREEMENT
TIGARD/WATER DISTRICT - 9 (12/23/93 - FINAL)
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 improvement by payment of a sum equal to the
Jurisdiction's Proportionate Interest in the depreciated
value of such system asset.
(5) The Parties acknowledge that the water system currently
serving the original District is an integrated system.
To the extent that either Party should terminate this
Agreement, the Parties agree to cooperate with each other
and to enter into such agreements necessary for the
continued reasonable operation of the resulting water
systems.
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 water
supply contracts must be approved by the governing bodies of one
less than the number of jurisdictions holding an ownership interest
in the water system. A governing body may not unreasonably withhold
consent to a contract if the contract is supported by sound
engineering analysis, is in the best interests of water customers
within the original District and consistent with the goal of
working together to provide all of the residents and property in
the original District with a clean, economical water supply. If
a proposed long-term water supply contract is not approved as
provided for in this subsection, then the governing bodies of any
two jurisdictions may request mediation under the provisions of ORS
Chapter 36 to determine if approval of the contract has been
unreasonably withheld.
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, at the District's request,
will appropriate and deliver an amount not to exceed $40,000 from
Tigard's initial (1/94 to 6/94) water fund budget for District
operating expenses for the period from January 1, 1994 through June
30, 1995. Tigard will reimburse the District from water system
revenues the cost of the District's Division of Assets study
undertaken to fulfill the District's obligations pursuant to ORS
222.540.
G. Accounting
(1) Water activities will be accounted for in the same manner
as other enterprise activities currently under the
jurisdiction of Tigard. Expenditures directly linked to
INTERGOVERNMENTAL AGREEMENT
TIGARD/WATER DISTRICT - 10 (12/23/93 - FINAL)
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.
(2) 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.
H. 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 District or any interest in system assets acquired
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 terms of this Agreement are
assignable or in any manner transferrable by the District without
the written consent of the City.
I. 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 may 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. Tigard is authorized to perform the function and activity
of incurring water revenue bond indebtedness for the water system
by authorizing the issuance of water revenue bonds pursuant to ORS
288.805 to 288.945, as amended, for the financing of water system
capital improvements. Such debt may be secured by a pledge of
INTERGOVERNMENTAL AGREEMENT
TIGARD/WATER DISTRICT - 11 (12/23/93 - FINAL)
water system revenues, appropriate rate covenants, and mortgaging
of - water system assets. Tigard may not mortgage water system
assets without first receiving the written consent of the Cities'
and District's governing bodies.
D. If this Agreement is terminated by either Party and
indebtedness remains under Section 6.A. or has been incurred and
approved by the District in manner described in Section 6.B. ,
District shall either:
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. Services Provided By Tigard.
A. Tigard will provide water to properties and customers in
all jurisdictions equally. If circumstances require water
restrictions, 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 and in 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 installations, system
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 necessary 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..
INTERGOVERNMENTAL AGREEMENT
TIGARD/WATER DISTRICT - 12 (12/23/93 - FINAL)
-v
E. The District may use the former Tigard Water District
office building for meetings of the District Board and for receipt
of the Board's correspondence. To the extent that Tigard charges
other governmental entities for, use of the building, the District
agrees to compensate Tigard a reasonable amount for use of the
building.
F. Tigard agrees to assist the District in preparation of
budgets, organization and noticing of meetings and other
administrative duties at the request of the District. The District
agrees to compensate Tigard a reasonable amount for such
assistance.
8. Rules and Regulations.
A. The Rules, Rates and Regulations for Water Service
Handbook, (November, 1992) , adopted by the Board of Commissioners
Tigard Water District is attached hereto as Exhibit "A" 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
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 make recommendations to the Council for
additions or amendments 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 water
service to the District shall be governed thereby.
9. Extension of Service.
A. Extension or modification of District's water distribution
system shall be done only with prior written approval of District.
Furthermore, Tigard will not make any extensions or service
connections within King City's or Durham's Urban Growth Boundary
without permission from the King 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 8, has 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 from the Tualatin Valley Water District to
reach the goal of having a single water purveyor for the City.
INTERGOVERNMENTAL AGREEMENT
TIGARD/WATER DISTRICT - 13 (12/23/93 - FINAL)
10. Employee Benefits/Personnel.
All employees of the Southeast Washington County Joint Water
Agency shall become employees 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 236.605 to 236. 650.
11. Annual Meeting.
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 Fees.
In the event any suit, action or other proceeding is brought
with regard to this Agreement, or to enforce any of the provisions
hereof, the prevailing party in any such suit, action or other
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. Applicable Law.
This Agreement shall be governed by and construed in
accordance with the laws of the State of Oregon.
14. Ratification of this Agreement.
Prior to the effective date of this Agreement, each Party
shall enact a resolution ratifying the Agreement. This Agreement
may be simultaneously executed in several counterparts, each of
which shall be an original and all of which shall constitute but
one and the same instrument.
15. Amendments.
Any amendment to this Agreement. must be approved by the
governing bodies of the District and Tigard.
INTERGOVERNMENTAL AGREEMENT
TIGARD/WATER DISTRICT - 14 (12/23/93 - FINAL)
-v
16. Effective-Date.
This Agreement shall be effective January 1, 1994.
CITY OF -6ikEGON
Attest: By:
G -
TIGARD WATER DISTRICT, OREGON
Attest: By:
dgard\dga[dWD.iga(1Z/23/93 -final)
INTERGOVERNMENTAL AGREEMENT
TIGARD/WATER DISTRICT - 15 (12/2'3/93 - FINAL)
EXHIBIT nAn
., .... :..•�..�;{-rye: ,
RULES
RATES }
•p j,tri
°AND
REGULATIONS
f For Water Service _ `--
i
November, 1992
-
Adopted by the
BOARD OF COMMISSIONERS.
TIGARD WATER DISTRICT
• ', 3. ..i; '.SII i.; ..
Phone 503/639-1554
TIGARD WATER DISTRICT -,
8777 SW Burnham PO BOX 230000
NOVEMBER 1992
Tigard, OR 97223 Tigard,OR 97281-.1999<
• .. .. _ * �. s.::+''',y.rs `S::'
k
TO THE PATRONS OF
TIGARD
WATER DISTRICT TIGARD WATER DISTRICT
BOARD OF COMMISSIONERS
This Water District is a municipal corporation,
incorporated under the laws of the State of
-M^Position Term Oregon, and its operations are governed by law. It •='
�•..,:..� �-•
No Expires is governed by a Board of Commissioners, duly.
{'
.
• `'` June 30 elected by the qualified voters of the District,
' Chair•.` :`', .-'•:: 3,=: 1993 '
. . . . .:
Robert Wyffels,
The water supply and distribution system is the
Audrey Castile, Secretary 5 1995
Clarence Nicoli.:Treasurer:.: 4 1995 property of the people of the District.
Jon Kvistad • . 1 1993
John T. Haunsperger 2 1993 The Commissioners ask the cooperation of all
patrons to insure observance of rules, protection
of the system; and prompt payment of water bills.
Administrative Director Notify the District immediately of any condition:
Jeri L Chenelle . needing correction.
,.:
The Board of Commissioners*meets regularly on'
tK Superintendent:
Randy J. Volk the second Tuesday of each month at 7:30 p.m. at
the District office... . . .
j
RULES, RATES, AND REGULATIONS charges for these are shown in Appendix-4. The
' I of the'..
size of miter shall be determined by management.
TIGARD WATER DISTRICT District shall prescribe the number of buildings to
' be served from one meter and such determination
shall be final. No user shall furnish water to any
The Board of Commissioners has adopted the family, business, institution, or premises other than
• !' following rules' rates, and regulations for service those occupied by that user; provided, however,'
in the Tigard Water District. that the Board may permit a user to supply others .
through user's service connection, in which event
Section 1. Application for Service. No service such user will be charged an additional monthly- -'
will be supplied or water furnished to any premises minimum for each additional user so supplied.
except.upon the written application of the legal Such permit may be revoked and separate service
owner of the premises, or his duly authorized connections required at any time.
agent, upon the printed forms of the District. Such ,
owner shall be responsible for all charges for Section 5. Furnishing Water. The District shall
service to said premises, whether supplied to not be obligated to furnish and install, at its
hirriself or to a renter.or occupant thereof, and for expense, system facilities for all property within the
the.compliance of any occupant with all rules of District. The District shall, so far as reasonable
the District. and practicable and within its financial means,.
however, provide adequate source of supply,
Section 2. Use of Water. Water will be furnished necessary primary feeder mains, storage facilities
for ordinary domestic, business and community and other improvements necessary to make water'
purposes, and fire protection, only. No water will service generally:available to all areas within the
be furnished for the direct operation of steam District. Extensions to furnish water to areas not
boilers, machinery or golf courses, except on an now served by the District will be made at the
interruptible basis, and the District will assume no expense of those persons requesting service. ;
responsibility therein. Such extensions will be made by the District or by
- . those expressly authorized by the District. All • .
Section 3. Service Size. A standard service applications for line extensions to provide new
connection, with 5/8" x 3/4" meter, will be service are subject to review by the Board of
installed from the main to the street curb or Commissioners. Consideration will be given to the
property line. (See charges in Appendix I.) The District's ability to serve and to eligibility-for r
amount of the meter installation charge shall annexation to the District of the property to be
accompany all applications. Larger meters may served.
be required for some services. The additional
5 :.
' Section 6. Private Service Pipes. All pipes from Plumbing should be of high test and first class;
. . ; ?:
the meter to the premises must be installed in and where pressures may become high, on 5/8" x
1 accordance with good engineering practice, and 3/4" and 1" meters, a pressure regulator may be
maintained in good order by the user.. Pipes must installed at the meter by the District to control
be laid 24 inches deep and provided with a stop varying pressures. (On meters 1 1/2" and larger,
and waste valve for drainage, and all standpipes user is responsible for installing a pressure
or fittings of any kind must be so located, regulator.) The District will not be responsible for
anchored and installed as not to interfere with or damage from varying pressures. The Administrator
endanger the meter. All pipes must be well or authorized person may inspect pipes and
protected from freezing. plumbing at proper times. -
i Section 7. Credit for Water Leaks. When a water Section 10. Physical Connections with other
leak occurs on the customer's side of the water Water Supplies or Systems. Neither cross
meter resulting in an unusually high water bill, connections nor physical connections of any kind
customers can apply for a credit to their water bill shall be made to any other water supply, whether
equal to 1/2 the cost of the leak (above the private or public, without the written consent and
normal bill), up to a maximum of$150. Customers approval of the Board of Commissioners, and the
must apply for credit in writing, to the Water written approval of the Oregon State Board of
District, and forward proof of the leak being fixed Health. (Included in this category are all pipe lines,
in a timely manner. appurtenances and facilities of the District system
. i :. . .
and all pipes, appurtenances, pumps, tanks;-
ISection 8. Jurisdiction. All service connections, storage reservoirs, facilities, equipment, appli-
i! meters, mains and parts of the system through antes, etc., of other systems whether located
which water is served, except the pipes beyond within or on public or private property, or the
the meter, are the property of the District, and premises of a water user.)
under its exclusive control. No person other than
the Administrator or authorized person shall install The District's Administrator or other authorized
any service, make any extension, turn the water representative shall have the right without being
on or off, or otherwise tamper or interfere with the deemed guilty of trespass or unlawful act to check
water or the system. the premises of users for physical connections ;
with other water supplies. Any such connection
i Section 9. Waste—Plumbing—inspection. shall be removed by the customer within ten days
Water will not be furnished to premises where it is after written notice to remove is given by the
allowed to run or waste to prevent freezing, or District. If not removed within the time specified,
the District may remove or discontinue any
through defective plumbing, or otherwise. Y i •
' :;connection which it may have for servicing the tion or pollution due to cross connections.
. property. Water service to any premises shall be contingent
f
upon the customer providing cross connection
• Section,11. Cross Connection Control control in a manner approved by Tigard Water
Program. Be it resolved that the Board of District. Backflow devices required to be installed
Commissioners, Tigard Water District, hereby shall be a model approved by the Oregon State
adopts a cross connection control program as Health Division.
described below, effective May 13,1986:
-r: Authorized employees of Tigard Water District with
= h ..The purpose of this resolution is to protect the proper identification shall have free access at
water supply of Tigard Water District from reaisonable hours of the day to those parts of a _
contamination or pollution from potential cross premise or within buildings to which water is
connections; and to assure that approved supplied. Water service may be refused or
,y backflow devices are tested annually. terminated to any premise for failure to allow
necessary inspections.
The installation or maintenance of any cross
connection which would endanger the water ADOPTED by the Board of Commissioners, Tigard
supply of Tigard Water District is prohibited. Any Water District, on May 13,1986.
such cross connection now existing or hereafter
installed is hereby declared unlawful and shall be These requirements must be strictly observed as a
rectified as directed by the Board of Commission- mattes of public health and to prevent any possible
ers or its authorized representative(s). contamination of the water system.
-The control or elimination of cross connections Section 12. Reading *Billing. Meters will be read
shall be in accordance with the regulations of on or about the 20th day of each month for the
Oregon State Health Division. The policies, preceding two months. Fifteen days or less will be
procedures, and criteria for determining appropri- billed as a half-month. Over 45 days will be billed _
ate levels of protection shall be in accordance with as two full months.
the Accepted Procedure and� Practice in Cross' Connection Control Manual, Amer. Water Works Section 13. Payment—Delinquency. All bills are
t .
Association, Pacific Northwest Section, current due on the 12th day of the calendar month
edition (OR Admin. Rules, Ch. 333-61.070), following billing. The amount due must be paid to
an authorized agent of the District. Unpaid bills
It shall be the objective of Tigard Water District to become delinquent after the 12th of the month.
:F'.. protect the potable water system from contamina- When a delinquent bill is not paid, or a rule is
• r rL� ,T q 1 L r/ T ` �.I�i •JI �
•
•
:TIGARD WATER -
DISTRICT
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.ty•IIM1rf1 T �' � 'S
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1
violated, the:water will be shut off and service Section 18. Main Extensions, designed and ;
disconnected until payment is received in full, and ; installed by the District. All extensions of mains.
compliance with all rules is made. and laterals of,the District, and installed by the
{ I District, shall be paid for by the person or their.
Section 14. Water Rates. See Appendix II. ;' assigns who desire such extensions, at cost plus
j� Charge for turning off*and on when water service 10% for overhead and supervision, and 8% for .
it is discontinued for non-payment of bill: $5.00 for engineering. The estimated cost thereof, together
! the first two times; $10.00 thereafter. with such 18%, shall be deposited with the District
I� -
when application for such main extensions is
" Section 15. Discontinuance of Service for 30 made.
f days or more will be made upon written applica
l!I tion, without charge, provided all bills are paid. Designed by others, installed by the District.
When design or supervision of installation of
Section 16. Interrupted Service—Changes in improvements is performed by licensed engineers,
Pressure. The water may be shut off at any time subject to approval by the Water District,and
I, for repairs or other necessary work with or without installed by the District, a fee shall be paid of 10%
notice. Conditions may cause a variation of the for administration, inspections, water loss, . .
pressure. The District will not be responsible for ', sampling, etc., and 2% for engineering review.
any damage caused by interruption of service or The estimated cost therof, together with,such
i; varying pressure. When service is interrupted, hot 12%, shall be deposited with the District when
water faucets should be kept closed to prevent application for such main extentions is made.
back flow of hot water or steam.
�I { Designed and installed by others.When,design,
Section 17. Service Connection Maintenance. I or supervision of installation of improvements is
The Water District will maintain all standard performed by licensed engineers, and installation ~
service connections in good repair without is performed and paid for by others, subject to .
expense to the users. Each user is required to use approval by the District, a fee of 120/6 of construc-
reasonable care and diligence to protect the water tion costs shall be imposed for development
h meter and meter box from loss or damage by charges.
freezing, hot water, traffic hazards, and other
causes, in default of which, such user shall pay to Size of such extensions, type of pipe, location,
the Water District the full amount of the resulting gate valves, fixtures, fire hydrants and other
damage. fittings shall be under District specifications and
subject to District approval, and such mains shall
j be laid from the end of the existing main to the far .
_ 10,. ,.
end of the property to be served. No lines or j and approved by District personnel to ensure
laterals shall be laid until the estimated cost �.. compliancewith plans and specifications.
ii thereof, as hereinabove set forth, shall have been Back-filling of trenches prior to District approval is
i! deposited with the District. All such extensions of unauthorized. :. .
mains and laterals, and installation of fire hydrants
a shall be the sole property,of the District, without If water main extension is necessary to serve an
'.I right of immediate refund on the partof the person existing single family dwelling and the main size
or persons paying for such extension or on the required by the Tigard Water District is larger than
part of any person or persons whomsoever. No a 6" line, then that single family dwelling will pay
:! extension of main will be permitted, accepted-or the cost of a 6" installation across the front of their
served by the District unless such line be at least a property, plus the cost of the meter.
6-inch diameter pipe. Short extensions, such as
I; cul-de-sacs, can be of smaller diameter upon Applicant(s) will agree to be bound by and comply
approval of the District. with the District's main extension policy and rules
and regulations and any subsequent revisions or
When a person is required to pay the cost of amendments to same which may be made from
:! extending a water main adjacent to property other time to time.
I than that person's own so that water service for `
domestic use is provided for such other property Section 19. Limitation on the use of water as to
without further-extension of the water main, the hours, purpose, or manner, may be prescribed
District shall require the owner of the other from time to time by the Board.
property, prior to providing water service to that
i property, to refund to the person required to pay Section 20. Temporary or Transient Service.
the cost of extending the water main, a pro rata Temporary or transient service for construction
portion of the cost of extension. The right to work will be rendered upon deposit in advance of
require such refund shall not continue for more connection charge and one month's estimated -
1 than 10 years after the date of installation of the water bill, anda ment on the first of each .
P Y h month
extension of the water main. The amount to be of all accrued charges. Upon discontinuance of
refunded shall be determined by the District and j service, refund will be made for all connection
such determination shall be final. materials usable by the District at their depreciated
value, less the cost of removal and all charges
Each construction contractor shall be approved by due. No temporary service shall be installed for
competent District authority prior to installing pipe any residence or building where a permanent
lines; pumps, etc. Those installations made by service connection may later be installed.
private contractors will be thoroughly inspected I -
12.
Section 21. Construction Water. Water used via '�y�. Section.26:.Amendments--Special Rules--�
. r..
a rmanent meter installation for construction -- ^` Contracts.The Board may at any time amend,
Pe ' change or modify any rule; rate.or charge, or make..
purposes will be billed at the one months rate
I See Appendix Il at completion of construction, any special rule, rate or contract, and all water
PPservice is subject to such power.
but not to exceed a period of 6 months, unless
authorized by the District. Section 27. Grievances. Any unresolved
r -
grievances as to service or complaint shall be
C Section 22. Meter Out-of-Order—Test. If a meter reported and will be considered by the Board at `
shall fail to measure accurately, the bill shall be the next regular monthly meeting.
the average.for the same periods in prior years. ,
Tests will be made periodically without charge to Section 28.The Administrator and Employees:.
the user. A user may demand a test upon payment are not authorized to make any changes in these
of a$5.00 charge for such test. If the meter reads rules, rates, or regulations.
5% or more over, such charge shall be.rebated to
the user.
Section 23. Fire Hydrants. Fire hydrants will be Approved November 28,1972
installed by the Water District upon receipt of Revised November, 1992:
in advance of the estimated cost of the BOARD OF COMMISSIONERS
payment. .
hydrant, fittings, and installation, plus 10% for
overhead. '
Section 24. Fire Hydrant—Temporary Use.Any
person who desires to use a fire hydrant for
temporary water supply must obtain*permission of -
the District. The user will be charged $25.00 for
hookup service plus the effective user rate as l
own in A $25.00/month for I:
shown Appendix PP II plus .
continued use. User is responsible for repair and/
or replacement of damaged meter.
j
Section 25. Illegal Use of Fire Hydrant or Meter.
i The penalty for connection to a fire hydrant or
:meter without proper authority is a $100 fine..
APPENDIX 1-"Meter Installation'Charges APPENDIX II—Wafer Rates
.. ... • . Ste.-:
Copper Service includin P-R Valve '(�
„ g ;r, Monthly Minimum* Out of District
if required, Connection FeeMeter Size 1400 cubic feet) (Additional)
Size'of Meter Charge Schedule
9 5/8"x3/4" $ 6.50 $ 2.50 t y
` S stem 1" w 10.50 4.00
y 1 1/2N 16.50 6.00 _
Development Installation Total
2"
33.50 10.00
Meter Size Charge Fees Charges
3w 61.50 15.00
5/8"x3/4" $ 845. + $250 = $ 1095 4" 103.50 19.00
1". 1690 + 350 = 2040 6" 144.50 28.00
1 1/2" 4225. + 715 = 4940 8" 201.00 38.00 -
2" 6760 + 945 = 7705 : •
Rate over 400 cubic feet: $1.20 per 100 cubic feet:
3" 13,520 + cost plus 10%
4" 21,125. + cost plus 10% Fire Rates (Sprinklers) will be based on the size of
6" 42,250 + cost plus 10% the service going into the building or vault:
8" 67,600 + cost-plus 10% $15 a mo.— 6" & smaller..
10" 97,175 + cost plus 10% $20 a mo.— 8" & larger
Bull Mountain Meter Rates Booster Pumps: For areas served by District
5/8"x3J4" $1000 + $250 = $1250 owned and operated booster pumps, either to
,w.. : .:•
' 1" 2000 + 350 = 2350 1' storage or direct to the system, an additional
is minimum of $1.50-per month per meter(regard- ' -•:•.
1 1/2" 5000 + 715 = 5715 -
-' 2" • 8000 + 945 = 8945
' less of meter size) shall be made. This charge is
3" 16,000 + cost plus 10% not applicable to the booster pumps located at SW
4" 25,000 + cost plus 10% 72nd and Hunziker Road and SW Bonita Road
6" 50,000 + cost plus 10% near 1-5.
8" 80,000 + cost plus 10%
10" 115,000 + cost plus 10% --
Fre Service Connection: {
'' • Note: Billing is bi-monthly so amounts above
Fee$1,250 per Fire Service Ta + 12% Fee l `" "
,. P P �: � should be multiplied by 2 to compute bill for each •.
based on Construction Costs. -`, ,.
period.
ATTENTION
Corrections to Rules,Rates and Regulations,January 1993.
These changes to the Rules,Rates and Regulations for Water Service occurred after printing. Please insert the following in the
appropriate places.wording changes within paragraphs are underlined. We apologize for any problems this may have caused.
Section 4. Separate Connection:(Add the entire section.) A separate service connection will be required for each dwelling,
apartment or motel,place of business,and institution.All outlying buildings and premises used as a part of such dwelling place or
business or institution maybe served from such connection,as well as all buildings on such premises operated under the one
management District shall prescribe the number of buildings to be served from one meter and such determination shall be final.No
user shall furnish water to any family,business. institution or premises other than those occupied by that user, provided,however,
that the Board may permit a use
to supply others through users'service connection in which event such user will be charged an
additional monthly minimum for each additional user so supplied.Such permit maybe revoked and separate service connections
• . required at any time.
f high test and firs
class and in conformance with the
second sentence to read) .. . Plumbing should be o g " "
Section 9: (Change seco res may become high,on 5/8"x3/4 and 1 meters, _
Qro{Zriate codes of the iurisdiction issuing the building oermit,and where pressu Y
a pressure regulator maybe installed at the meter by the District to control varying pressures. .."
Section 12: Reading--Billing. (Eliminate the entire section.)
Section 18: (Add sentence at the beginning of the last paragraph in Section 18.) The developer or owner ren i e
gc;nstruction prosect shall be liable for an
Section 22• (Delete$5.00.) (Add) ".•.•A user may demand a test upon payment of a$25.00 charge for such test..."
s.•
Airt