Joint Water Commission - Water Service and Joinder Agreement f
FIRST AMENDMENT TO WATER SERVICE AGREEMENT
AND
JOINDER AGREEMENT
This First Amendment to Water Service Agreement and Joinder Agreement(First
Amendment)is made this day of October,2003,by and between the Joint Water
Commission,consisting of the Cities of Hillsboro,Forest Grove,and Beaverton,and the Tualatin
Valley Water District,a domestic water supply district organized pursuant to Chapter 264
(hereinafter"JWC')those parties individually(who also may be referred to as."Hillsboro,"
"Forest Grove,"`Beaverton,"and"TVWD") and the City of Tigard, a municipal corporation
(hereinafter"Tigard'). -
RECITALS
On or about ,2003,the individual members of JWC approved a
Water Service Agreement,which replaced earlier agreements between these same parties
creating the Joint Water Commission.
The Water Service Agreement provides a comprehensive agreement in all aspects of the
System as defined therein,including among other things, operation,maintenance,,repair,
replacement,ownership and allocation of the System,including water rights,and mechanisms
for governance and future capital improvements.
The City of Tigard desires to becomeA member of the JWC and the JWC is willing to
grant Tigard membership'
All parties and Tigard wish to amend the Water Service Agreement,and being fully
advised,now therefore the parties agree as follows:
1. Covenant of Tigard. In consideration of Tigard becoming a member of the JWC,
Tigard agrees to be bound by all terms and conditions of the Water Service Agreement dated
2003 and this first Amendment.
2. Acknowledgement of Tigard. By execution hereof,Tigard acknowledges that it
has no stored water rights or surface water rights in the Tualatin River,Hagg Lake,or Barney
Reservoir and that any water it obtains from JWC shall be through leases of water and use of
System components as approved by the JWC according to the Water Service Agreement.
3. Capital Contributions and Future Capital Projects.' The JWC,by and through
its individual partners,and Tigard, are presently involved in preliminary feasibility analysis to
expand stored raw water capacity or to obtain additional stored raw water in Hagg Lake. The
parties.recognize that such expansion and the amount of stored raw water that may be available
as a result of these efforts is speculative and subject to numerous factors that may result in no
additional raw water or a completed project yielding less stored raw water than anticipated. The
parties•agree that'Tigard's Capital Contribution to the System will be for these improvements to
obtain additional stored raw water and that Tigard's proportionate ownership in the System will
be calculated based upon that Capital Contribution. Tigard acknowledges and agrees that if
AMENDMENT TO WATERSERVIC&JOMER AGREEMENT,Page 1 of 4
JAMCouncil Packets12003\12-1"3VWCUWC MembershipAgreen=LDOC
r lD
additional stored raw water is not obtained through these efforts then no water will ultimately be
available to Tigard and Tigard will not be able to continue as a partner. In such event,Tigard
agrees that it will voluntarily terminate and withdraw'from the System as provided in the Water
Service Agreement.
4. Governance. The parties agree that Tigard will have three representatives as set
forth in Article III, Section 3.1 of the Water Service Agreement. The parties agree to modify
Article III of the Water Service Agreement as follows:
"3.1 The Commission. There is hereby continued pursuant to ORS 190 the
Joint Water Commission-Hillsboro,Forest Grove,Beaverton,Ti ar and the
Tualatin Valley Water District(the"Commission'. The members of the
Commission shall be three(3)persons from each of the parties who are from time
to time appointed by their respective bodies pursuant to the laws and regulations
of the governing bodies. Members of the Commission shall serve at the pleasure
of their respective appointing bodies. The name of the Commission shall be the
"Joint Water Commission Hillsboro,Forest grove,Beaverton, Ti ar and the
Tualatin Valley Water District." . . .
"3.4 - Meetings;Manner of Acting. Meetings of the Commission shall be
conducted in accordance with the provisions of the Oregon Public Meeting Law,
ORS 192.610-192.710. The Commission shall hold meetings not less than
quarterly. Such meeting may be cancelled by a vote of the Commission. Special
meetings may be called by the Chairperson or by any Vice Chairperson. 'Sem
Eight 8 members of the Commission(including at least one(1)member
appointed by each party)shall constitute a quorum for the transaction of the
business of the Commission. An affirmative vote of a simple majority of the
members of the Commission,provided that one(1)affirmative vote is received
from each of the parties to this Agreement shall be necessary to decide any issue
before this Commission,unless a different voting requirement for a specific action
is specified or allowed in this Agreement.". . .
"3.8 Management Committee. Each party shall appoint its Chief Executive
Officer or their designee to serve on the Management Committee.. If the
Commission elects to hire its own employees for management the Commission, as
provided for this in Section 3.7 of this Agreement,then the General Manager of
the Commission shall also be a member of the Management Committee. The
Management Committee shall.meet as required to review the business operations
of the Commission,such as planning, operations,etc.,to make recommendations
to the Commiss General Manager."
5. Lease,of Water by JWC. Until the projects referred to in Section 2 above
regarding expansion or obtaining additional stored raw water aresuccessfully completed,and at
all times subject to"the terms of the Water Service,Agreement,JWC will lease water to Tigard
upon mutually agreeable terms as to quantity and price.
AMENDMENT TO WATERSERVIGL-JOINDER AGRBENNT,Page 2 of 4
1AMr-ouncil Packets12003112-16-03WVCVWC Membership AgeementDOC
t
6. The Parties agree that Article V, Section 5.3 of the Water Service Agreement
shall be amended as follows:
Section 5.3,Stored Raw Water.
"Each party shall.have available to it or obtain Capacity in Stored Raw Water,
such that sufficient raw water is available at the Water Treatment Plant Facilities
to serve the Demand of the Party. The Capacity requirement for Stored Raw
Water shall consist of the water used by the Party for the period of May. 18`
through October 31". Such period maybe adjusted from time to time based on
the legal and operational.availability of Surface Water Rights. Stored Raw Water
Capacity may be obtained by purchase of existing Stored Raw Water, expansion
of Stored Raw Water and/or leasing of Stored Raw Water from another Party."
7. The Parties agree that Article VII,Sections 7.5 and 7.6 of the Water Service
Agreement shall be amended as follows:
Section 7.5,Excess Use Payments.
"To the extent that a Pgft uses capacity in the System in excess of its owned or
leased capacity but such use does not exceed the threshold for over use as defined
in Section 5.8.the Parties shall be required to compensate the Party or Parties for
the excess capacity used. The determination of when the terms of this Section
apply and the price paid for use of Capacity will be determined by the
Commission with the intent being that the Parties are treated gguitably and fairly_
If there is a lease in place,the lease price shall apply to the excess. This provision
shall not.apply_to those circumstances where the Commission offers additional
water to a Party because of operational needs or considerations."
Section 7.6,Effective Dates of Leases
"The effective date for leases set forth in this Article 7 shall be on March 1,2003
following the adoption of this Agreement and every March 1"thereafter."
8. Existing Agreement. In all respects,and except as specifically modified by this
First Amendment,all terms and conditions of the Water Service Agreement are in full force and
effect.
IN WITNESS WHEREOF,the parties have executed this First Amendment as of the date
opposite their signatures.
SIGNATURES
(on following pages)
AMENDMENT TO WATERSERVICE-JOMER AGREEMENT,Page.3 of 4
IAMCouncil Packet912003\12-1&03VwCUWC Membership Ageeme LDOC
IN WITNESS WHEREOF,the parties have executed this First Amendment as of the date
opposite their signatures.
CITY OF HILLSBORO, acting by and CITY OF FOREST GROVE
through its Utilities Commission
Chairman Mayor
Fe--braq al 2C
Dated Dated
t� f ,��
City Re ,rrder City Recorder
' f
City Attorn4 Dated
CITY OF HILLSBORO
City Attorney
CITY OF BEAVERTON
Mayor
Dated
Mayor
City ecorder Dated
City Attorney City Recorder
City Attorney
AMENDMENT TO WATERSERVICE-JOINDER AGREEMENT,Page 4 of 5
U:V WC11GA1WaterServ-JoinderAgt-CIB-I-13-04.doc
8. Existing Agreement. In all respects, and except as specifically modified by this
First Amendment, all terms and conditions of the Water Service Agreement are in full force and
effect.
IN WITNESS WHEREOF,the parties have executed this First Amendment as of the date
opposite their signatures.
CITY OF HILLSBORO, acting by and CITY OF FOREST GROVE
through its Utilities Commission
Chairman j'1Glayor --
Dated Date,
City Recorder City Recorder
=Date
City Attorney CITY OF HILLSBORO
CITY OF BEAVERTON
Mayor
Dated
Mayor
City Recorder Dated
City Attorney City Recorder
City Attorney
AMENDMENT TO WATERSERV ICE-JOINDER AGREEMENT,Page 4 of 6
HACity Recorder Documents\ORD\ORD.JWC.I stAmend.doc
p
CITY OF HILLSBORO,-acting by.and CITY OF BEAVERTON
through its Utilities Commission
Mayor
Chairman
Dated
Dated'
City Recorder
City Recorder
City Attorney
City Attorney
TUALATIN VALLEY WATER DISTRICT
CITY OF HILLSBORO
President
Mayor
Dated
Dated
Secretary
City Recorder
Dated
City Attorney
CITY OF FOREST GROVE District Counsel
Dated
Mayor
CITY OF TIG
Dated e
Mayor
Attest �• /a-D
City Recorder
Dated
Dated
City Recor er ' / .
City Attorney V
Attorney
AMENDMENT TO WATERSERVICBJOINDER AGREEMENT,Page 4 of 4
1:1PWICouncil Pac1cets%2003112-16-03VW0UWC Manbeship Ap meetMC
IN WITNESS WHEREOF, the parties have executed this First Amendment as of the date
opposite their signatures.
CITY OF HILLSBORO, acting by and CITY OF FOREST GROVE
through:its Utilities Commission
Chairman Mayor
Dated Dated
City Recorder City Recorder
City Attorney Dated
CITY OF HILLSBORO
City Attorney
CITY OF BEAVERTON
Mayor
Dated
Mayor
City Recorder Dated
City Attorney City Recorder
—C—(L—
C'
City Attorney
AMENDMENT TO WATERSERVICE-JOINDER AGREEMENT,Page 4 of 5
C\Documents and Settings\dwinship\Local Settings\Temporarylnternet Files\OLKBB\WaterServ-JoinderAgt-CIB-1-13-04.doc
TUALATIN VALLEY WATER DISTRICT CITY OF TIGARD
President Richard Burke Mayor
3 ��-A 4
Dated Dated
Secretary Gordon Martin, Acting Sec. City Recorder
Dated[[
City Attorney
District Counsel
Dated
Page 5 of 5
MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding is made between the City of Tigard, an Oregon
municipal corporation("Tigard"), and the Joint Water Commission("JWC"), an
intergovernmental entity created-pursuant to ORS Chapter 190.
RECITALS
A. JWC owns and operates a water storage facility,water treatment plant and water
supply system ("System")that provides treated water to the distribution systems of its members
to-wit: the City of Beaverton, an Oregon municipal corporation("Beaverton)"; the City of
Hillsboro, an Oregon municipal corporation("Hillsboro");the City of Forest Grove, an Oregon
municipal corporation("Forest Grove"); and the Tualatin Valley Water District, a domestic
water supply district ("TV WD").
B. Each Member of the JWC has made various and sundry capital contributions to
the JWC System and has an acquired ownership interests in the various components. Each
Member has acquired and retained ownership of water rights,which are made available to the
JWC for usage in the System.
C. Tigard owns and operates a municipal water supply system within its City limits
and also provides water service to the Cities of King City and Durham, and certain
unincorporated areas within Washington County within the boundaries of the Tigard Water
District.
D. The Parties agree that mutual cooperation relating to planning for the
development or expansion of water sources in the Tualatin River Basin and treatment and supply
facilities for such water should result in greater efficiency and security of the water supply
system to the benefit of all.
AGREEMENT
1. Tigard and the JWC agree to cooperate in the planning, research, analysis, and
development for expansion of water sources in the Tualatin River Basin and water supply
facilities therefore that will provide mutual benefits to the parties. Cooperation may include
interties between distribution systems,joint development of facilities that could provide service
to the parties, the provision of surplus water by one party to the other, and the provision of
emergency water supplies by one party to the other.
2. Tigard will support efforts to expand the Scoggins Reservoir or other Tualatin
River Basin sources as part of the Regional Water Supply Plan and cooperation in the studies to
determine the feasibility•of such expansion, such as the current Integrated Water Resource
Management Study Memorandum of Understanding dated may 18, 20-1
3. Tigard may become a member of JWC if Tigard applies for and obtains water
rights for additional source water in the Tualatin River Basin and JWC, its Members, and Tigard
are able to agree upon the terms of Tigard's membership in JWC.
PAGE 1 -MEMORANDUM OF UNDERSTANDING CATEMPWOU.doc
4. Any capital projects that Tigard,JWC, and some or all of the Members may
participate in prior to Tigard's membership in JWC, shall be constructed only after a
Construction.Agreement between Tigard, JWC, and the affected Members is executed. If Tigard
Withdraws from any capital project after completion,Tigard shall be paid according to the terms
of the Construction Agreement or the JWC Membership Agreement, as applicable.
5. JWC agrees.that if the System has surplus water available in excess of JWC's
needs and those of its Members, it will sell water to Tigard upon consent of the Members. The
Parties agree that prior to said sales,the amount,term and rate methodology shall be mutually
agreed upon.
6. This Agreement may be terminated at any time by mutual agreement of the
Parties. This Agreement may be terminated by any Party giving 12 months notice of
termination. Notices required under this Agreement shall be sent to:
City of Tigard Joint Water Commission
c/o Public Works Director c/o General Manager
13125 SW Hall Blvd. City of Hillsboro
Tigard,OR 97223 123 West Main,Room 250
Hillsboro,OR 97123
With a copy to each of the following entities:
City of Beaverton
c/o City Mayor City of Hillsboro
4755 SW Griffith Drive c/o City Manager
P.O.Box 4755 123 West Main,Room 250
Beaverton, OR 97076 Hillsboro, OR 97123
City of Forest Grove
c/o City Manager Tualatin Valley Water,District
P.O. Box 326 c/o General Manager
Forest Grove,OR 97116 1850 SW 170th Avenue
P.O.Box 745
Beaverton, OR 97075
7. The Parties agree that this Agreement may be expanded to include additional
parties with the joint agreement of all parties to the agreement. Any amendment to this.
Agreement must be improved by the governing body of each body.
8. This Agreement shall be effective when signed by duly authorized representatives
of the Parties.
PAGE 2—MEMORANDUM OF UNDERSTANDINGX:\W.n CommiaionVuint water Comndssion1200IWemo of Understanding with
Tigard-doe
IN WITNESS WHEREOF,,the Parties hereto have caused this Memorandum of
Understanding to.be executed by their respectively authorized officers or representatives as of
the day and year first above written.
CITY OF TIGARD JOINT WATER COMMISSION
B ABy: Ve
Tayor General Manager
PAGE 3—MEMORANDUM OF UNDERSTANDING CATEMKMOU.doc
CABLE HU,. .JN BENEDICT HAAGENSEN LLOYD LLP
ATTORNEYS AT LAW
SUITE 2000
1001 SW FIFTH AVENUE
PORTLAND,OREGON 97204-1136
TELEPHONE(503)224-3092
FACSIMILE(503)224-3176
CLARK L BALFOUR -
email address:cbalfour@chbh.com
April 9, 2004
HAND DELIVERED
Tim Erwert
Joint Water Commission
c/o City of Hillsboro
123 West Main, Room 250
Hillsboro, Oregon 97123
Re: Joint Water Commission
First Amendment to Water Service Agreement
Dear Tim:.
Enclosed find a First Amendment to Water Service Agreement and Joinder Agreement
containing original signatures from all the parties, including Tigard. This has been filed with the
Secretary of State along with the approving Ordinances of each entity. I have enclosed copies of
that correspondence and enclosures for your records.
Very truly yours,
Z-00�000'
Clark I. Balfour
CIB:mjs
Enclosure(s)
cc: Joe Thompson
City of Beaverton
City of Forest Grove
City of Tigard
Tualatin Valley Water District
DocumenO
Corvallis Office—582 NW Van Buren,Corvallis,OR 97330(541)754-7477
CABLE HL, JN BENEDICT HAAGENSEN c-., LLOYD LLP
ATTORNEYS AT LAW
SUITE 2000
1001 SW FIFTH AVENUE
PORTLAND,OREGON 97204-1136
TELEPHONE(503)224-3092
FACSIMILE(503)224-3176
CLARK L$ALFOUR
email address:cbalfour@chbh.com
April 8, 2004
The Honorable William Bradbury HAND DELIVERED
Secretary of State
State of Oregon
136 State Capitol Building
Salem, OR 97310
Re: Joint Water Commission
First Amendment to Water Service Agreement and Joinder Agreement
Dear Mr. Bradbury:
On or about October 27, 2003, the Joint Water Commission and its member entities, the
cities of Hillsboro, Forest Grove, Beaverton and the Tualatin Valley Water District, adopted a
new water service agreement pursuant to ORS Chapter 190.005 through 190.265. The Water
Service Agreement and approving ordinances were filed with your office as required by
ORS 190.085.
Those same entities have approved a First Amendment to the Water Service Agreement
and Joinder Agreement(First Amendment)by ordinance. The First Amendment makes some
modifications to the Water Service Agreement and allows the City of Tigard to become a
partner. Pursuant to ORS 190.085 enclosed find ordinances adopted by the cities of Hillsboro,
Forest Grove, Beaverton and Tigard as well as the Tualatin Valley Water District approving the
First Amendment. We have also enclosed a copy of the First Amendment executed in
counterparts. It is effective April 8, 2004.
Please file the First Amendment and Ordinances in the State's records. A copy of the
Amendment and Ordinances is also enclosed for the State's stamp certifying that it has been
filed. Please contact the undersigned if you have any questions.
Very truly your
Clark I. Balfour
CIB:mjs
Enclosure(s)
cc: Tim Erwert
Joe Thompson
\\chbhl\docs\mjs\My Docutmnts\cib\25248-JWC\LTR-bradbury-l.doc
Corvallis Office-582 NW Van Buren,Corvallis,OR 97330(541)754-7477
ORDINANCE NO. 4288
An Ordinance Adopting the JWC Water Service Agreement As
Amended, the Tigard Joinder Agreement and the Barney Joint
Ownership Agreement
WHEREAS, on March 31, 2003, the Council authorized the Joint Water Commission (JWC) —
Hillsboro,Forest Grove, Beaverton and Tualatin Valley Water District Water Service
Agreement,an agreement that continued the Joint Water Commission and that revised
the terms of the parties' ownership of a water supply system; and
WHEREAS, the Council on that same date authorized the Joint Ownership Agreement for the
Barney (Reservoir) Project — Hillsboro, Forest Grove, Beaverton, Tualatin Valley
Water District, and Clean Water Services, an agreement that continued that separate
ownership arrangement with revisions to reflect the changes in the JWC agreement;
and
WHEREAS,the City of Tigard desires to become a member of the JWC and the JWC recommends
that the JWC members grant Tigard at least interim membership,pending the outcome
of studies to find additional sources of untreated water for all JWC members' use, on
the terms and conditions stated in the "First Amendment" to the JWC IGA,
Now, therefore,
THE CITY OF BEAVERTON ORDAINS AS FOLLOWS:
The Council adopts the Joint Water Commission (JWC) — Hillsboro, Forest Grove,
Beaverton and Tualatin Valley Water District- Water Service Agreement,dated October 27, 2003,
the First Amendment thereto,and the Joint Ownership Agreement for the Barney(Reservoir)Project
— Hillsboro, Forest Grove, Beaverton, Tualatin Valley Water District, and Clean Water Services,
dated October 27, 2003, all of which are attached to this Ordinance and incorporated by this
reference.
First reading this9thday of February 2004.
Passed by the Council this 1 stday of March 2004.
Approved by the Mayor thia'U�-ay of —12004.
ATTEST APP VED;
za
SUE NELSON, City Recorder ROB DRAKE, Mayor
ORDINANCE NO. 4288 - Page 1 Agenda Bill: 04024
ORDINANCE NO....'
AN ORDINANCE AUTHORIZING A FIRST AMENDMENT TO WATER SERVICE
AGREEMENT AND JOINDER AGREEMENT RELATING TO THE JOINT WATER
COMMISSION.
WHEREAS, the City of Hillsboro is a member of the Joint Water Commission (JWC),
an intergovernmental entity formed pursuant to ORS Chapter 190, by agreement dated April
16, 1979; and
WHEREAS, the parties to the Joint Water Commission Water Service Agreement,
consisting of the Cities of Hillsboro,Forest Grove and Beaverton and the Tualatin Valley
Water District, have amended the terms and conditions of membership and system operation by
entry into a Water Service Agreement dated October 27,2003; and
WHEREAS, the City of Hillsboro approved the entry into that Water Service Ordinance
by Ordinance No. 5239, dated March 4, 2003; and
WHEREAS, it appears that it is in the best interest of the City of Hillsboro that the City
of Tigard ("Tigard")be added as a member of the Joint Water Commission subject to all the
terms and conditions of the Water Service Agreement and of the"First Amendment to Water
Service Agreement and Joinder Agreement"("First Amendment") incorporated as Attachment
A to this Ordinance; and
WHEREAS, the First Amendment provides various amendments to the Water Service
Agreement to accommodate the joinder of Tigard as well as other adjustments, as set forth
therein, and being fully advised
NOW,THEREFORE, THE CITY OF HILLSBORO DOES ORDAIN AS FOLLOWS:
Section 1. Pursuant to ORS 190.085 and the City Charter, the City of Hillsboro hereby
approves the"First Amendment to Water Service Agreement and Joinder Agreement." The
First Amendment is incorporated as Attachment A to this ordinance.
Section 2. The First Amendment shall become effective upon its approval by all of the
members of the JWC, on or about April 1,2004.
Section 3. This ordinance shall become effective upon the effective date of the First
Amendment, on or about April 1, 2004.
Passed by the Council this -? day of UAI U) 2004.
Approved by the Mayor this=-.�- day of Y� r' , 2004.
Mayor
ATTEST:
City ecorder ;�
ORDINANCE NO. 2004-01
AN ORDINANCE AUTHORIZING A FIRST AMENDMENT TO WATER
SERVICE AGREEMENT AND JOINDER AGREEMENT RELATING
TO THE JOINT WATER COMMISSION
WHEREAS, the City of Forest Grove is a member of the Joint Water Commission (JWC), an
intergovernmental entity formed pursuant to ORS Chapter 190, by agreement dated April 16, 1979; and
WHEREAS,-the parties to the Joint Water Commission Water Service Agreement, consisting of
the Cities of Hillsboro, Forest Grove and Beaverton and the Tualatin Valley Water District, have amended
the terms and conditions of membership and system operation by entry in to a Water Service Agreement
dated October 27, 2003; and
WHEREAS,the City of Forest Grove approved the entry into that Water Service Agreement by
Ordinance No. 2003-06, dated April 14, 2003; and
WHEREAS, it appears that it is in the best interest of the City of Forest Grove that the City of
Tigard ("Tigard") be added as a member of the Joint Water Commission subject to all the terms and
conditions of the Water Service Agreement and of the "First Amendment to Water Service Agreement
and Joinder Agreement" ("First Amendment") incorporated as Attachment A to this Ordinance; and
WHEREAS,the First Amendment provides various amendments to the Water Service Agreement
to accommodate the joinder of Tigard as well as other adjustments, as set forth therein, and being fully
advised
NOW, THEREFORE, THE CITY OF FOREST GROVE DOES ORDAIN AS FOLLOWS:
Section 1. Pursuant to ORS 190.085 and the City Charter, the City of Forest Grove hereby
approves the "First Amendment to Water Service Agreement and Joinder Agreement". The First
Amendment is incorporated as Attachment A to this ordinance.
Section 2. The First Amendment shall become effective upon its approval by all of the members
of the JWC, on or about April 1, 2004.
PRESENTED AND PASSED the first reading this February 23, 2004.
PASSED the second reading this I" day of March, 2004.
Anna D. Ruggles, City Rec'ordeP
APPROVED by the Mayor this I' Day of March, 2004.
�1
ichard G. Kidd, M
ORDINANCE NO. 1-04
AN ORDINANCE AUTHORIZING A FIRST
AMENDMENT TO WATER SERVICE
AGREEMENT AND JOINDER AGREEMENT
RELATING TO THE JOINT WATER COMMISSION
WHEREAS, Tualatin Valley Water District is a member of the Joint Water
Commission, an intergovernmental entity originally formed pursuant to ORS Chapter 190
by agreement dated April 16. 1979, and since amended at various times, including the
addition of new members; and
WPERrAS the Parties to the Joint Water ConlIllissiori consist of file Cities of
Hillsboro, Forest Grove and Beaverton and Tualatin Valley Water District and these
entities previously amended and restated the terms and conditions of membership and
system operation by entry into a Water Service Agreement effective October 23. 2003
and incorporated by reference; and
WHEREAS, the Tualatin Valley Water District approved the entry into the Water
Service Agreement by Ordinance 1-03, adopted on March 19, 2003; and
WHEREAS, the City of Tigard ("Tigard") desires to become a member of the
Joint Water Commission subject to all terms and conditions of the Water Service
Agreement and the First Amendment to Water- Service Agreement and Joinder
Agreement ("first Amendment") attached hereto as Exhibit A and incorporated by
reference: and
WHEREAS, Tualatin Valley Water District is willing to consent to Tigard's
membership in the Joint Water Commission upon the terms and conditions of the First
Amendment and the Water Service Agreement; and
WHEREAS, the First Amendment provides various amendments to the Water
Service Agreement to accommodate the joinder of Tigard and other adjustments, all as
set i-orth therein, and being rally advised
NOW, THEREFORE, BE IT ORDAINED BY TIIE BOARD OF
COMMISSIONERS OF TIIE TUALATIN VALLEY WATER DISTRICT THAT:
Section 1. Pursuant to ORS 190.085, Tualatin Valley Water District hereby
approves the First Amendment to Water Service Agreement and Joinder Agreement,
attached hereto as Exhibit A and incorporated by reference. and consents to joinder by
the City of Tigard as a member of the .ioint Water.Commission. The Water Service
Agreement is hereby incorporated by reference and reaffirmed and ratified.
Section 2. The effective date of the First Amendment is on or about April 1,
2004.
Page 1 of
ORD 1-04.orilin;ince-.IWC-WS-Joiiidcr.chc/A,,,cnda 1-211-0!/n',cn�i✓pau�rj/l/ 0/2004
Section 3. This Ordinance has been compiled and is on file at the District's office
Within the boundaries of the Dista'ict where it may be examined.
Section 4. This Ordinance has been included in the published agenda of the
adopting meeting. The published agenda did state the time, date, and place ofthe
meeting, gave a brief description of the Ordinance to be considered at the meeting, and
that copies of the Ordinance are available at the office of the District. The presiding
officer caused the agenda to be published not more than ten days nor less than four days
before the meeting; in a newspaper of.general circulation within the District.
Section 5. Pursuant to ORS Chapter 198, the Ordinance was read at two regular
meetings of the Board of Commissioners on two different days, at least six days apart,
prior to the adoption thereof to-wit: the 21" day o1".lanuary, 2004, and the 18'x' day of
Feb'uary; 2004.
Section 6. This Ordinance was adopted by at least the affirmative vote of a
majority ofthe members of the Board of Commissioners at its regular meeting on the 18`I'
day of hebruary 2004. and was signed by the presiding officer and attested to by the
secretary. The secretary ofthe District is instructed to cause this Ordinance to be filed in
the Records of the District and Me a certified copy of this Ordinance with the County
Clerk.
Section 7. This Ordinance shall take effect on the first day of�April, 2004, being
at least 30 days from the date of its adoption.
TUALATIN�/.ALLEY WATER DISTRICT
BY =- ` BY
President, Richard P. Burke Secretary, Lisa Melyan
Page 2 of"-)
ORD 1-04.Ordinancr I\1'C-\\'S ti�incl�r.doc/1_cnda 1-'_1-04L\tcnd;Upattyrj/l/20/�O(1<I
CITY OF TIGARD, OREGON
ORDINANCE NO. 04-04
AN ORDINANCE OF THE CITY OF TIGARD, OREGON,APPROVING THE FIRST
AMENDMENT TO WATER SERVICE AGREEMENT AND JOINDER AGREEMENT
BETWEEN THE JOINT WATER SERVICE COMMISSION AND THE'CITY OF TIGARD,
AND AUTHORIZING TIE MAYOR TO SIGN THE AGREEMENT.
WHEREAS, the City of Tigard has need of a stable long term water supply, in common with
other communities; and
WHERAS, the City Council's adopted Goal for water is to continue to evaluate options for a
long-term water supply; and
WHEREAS,the Joint Water Commission,consisting of the Cities of Hillsboro,Forest Grove,
and Beaverton, and the Tualatin Valley Water District,has an approved Water Service
Agreement providing a long term water supply for those entities; and
WHEREAS,.the Joint Water Commission has offered the City a membership,through which the
City will receive a current water supply from the Commission and join in analysis of'future water
supply; and
WHEREAS, the City Councils of Durham and King City and the Board of the Tigard Water
District representing the unincorporated area have recommended that the City execute the
agreement on their behalf; and
WHEREAS, all parties to the Joint Water Commission,including the City, desire to amend the
Water Service Agreement;
NOW, THEREFORE; THE CITY ORDAINS AS FOLLOWS:
SECTION 1: The Council approves the proposed First Amendment to Water Service
Agreement and Joinder Agreement between the Joint Water Service
Commission and the City of Tigard, and authorizes the Mayor to sign the
Agreement.
SECTION 2: This ordinance shall be effective 30 days after its passage by the Council,
signature by the Mayor, and posting by the City Recorder.
ORDINANCE No. 04-12�1
Page 1
PASSED: By U11QMMoU.5 vote of all Council members present after being read
by number and title only,this Qt` day of ,h.� , 2004:.
Lao—Val
Catherine Wheatley, Cit ecorder
APPROVED: By Tigard City Council this 191—�A day of , 2004.
graigirksen,Mayor
Ap roved as to form:
rty Atto e
v �
Date
GArnunATigatd\water agreement ordinance.rtf
ORDINANCE No. 04 (?�
Page 2
IX
FIRST AMENDMENT TO WATER SERVICE AGREEMENT
AND
JOINDER AGREEMENT
This First Amendment to Water Service Agreement and Joinder Agreement (First
Amendment) is made this first day of March, 2004, by and between the Joint Water Commission,
consisting of the Cities of Hillsboro, Forest Grove, and Beaverton, and the Tualatin Valley Water
District, a domestic water supply district organized pursuant to Chapter 264 (hereinafter"JWC")
those parties individually(who also may be referred to as"Hillsboro,""Forest Grove,"
"Beaverton," and "TVWD") and the City of Tigard, a municipal corporation (hereinafter
"Tigard").
RECITALS
On or about October 27, 2003, the individual members of JWC approved a Water Service
Agreement, which replaced earlier agreements between these same parties creating the Joint
Water Commission.
The Water Service Agreement provides a comprehensive agreement in all aspects of the
System as defined therein, including among other things, operation, maintenance, repair,
replacement, ownership and allocation of the System, including water rights, and mechanisms
for governance and future capital improvements.
The City of Tigard desires to become a member of the JWC and the JWC is willing to
grant Tigard membership'
All parties and Tigard wish to amend the Water Service Agreement, and being fully
advised, now therefore the parties agree as follows:
1. Covenant of Tigard. In consideration of Tigard becoming a member of the JWC,
Tigard agrees to be bound by all terms and conditions of the Water Service Agreement dated
May 18, 2001 and this first Amendment.
2. Acknowledgement of Tigard. By execution hereof,Tigard acknowledges that it
has no stored water rights or surface water rights in the Tualatin River, Hagg Lake, or Barney
Reservoir and that any water it obtains from JWC as a member of JWC,until the projects
described in Section 3 below are complete, shall be through leases of water and use of System
components as approved by the JWC according to the Water Service Agreement. Tigard
currently has a contract to purchase surplus water from JWC dated May 18, 2001.
3. Capital Contributions and Future Capital Projects. The JWC, by and through
its individual partners, and Tigard, are presently involved in preliminary feasibility analysis to
expand stored raw water capacity or to obtain additional stored raw water in Hagg Lake. The
parties recognize that such expansion and the amount of stored raw water that may be available
as a result of these efforts is speculative and subject to numerous factors that may result in no
additional raw water or a completed project yielding less stored raw water than anticipated. The
parties agree that Tigard's Capital Contribution to the System will be for these improvements
AMENDMENT TO WATERSERVICE-JOINDER AGREEMENT,.Page t of 5
U:U WC\1GA\W aterServ-JoinderAgl-CIB-1-13-04.doc
and to obtain additional stored raw water and that Tigard's proportionate ownership in the
System will be calculated based upon the amount of stored raw water it obtains and Capital
Contribution. The proportionate ownership of the other JWC members will also be adjusted as
provided in the Water Service Agreement. Tigard acknowledges and agrees that if additional
stored raw water is not obtained through these efforts then no water will ultimately be available
to Tigard and Tigard will not be able.to continue as,a partner. Further,no party will be
reimbursed for any expenditures to obtain permit approval by regulatory agencies if such efforts
are unsuccessful. In such event, Tigard agrees that it will voluntarily terminate and withdraw
from the System as provided in the Water Service Agreement. However,Tigard may continue as
a surplus water purchaser under the existing agreement with JWC dated May 18, 2001.
4. Governance. The parties agree that Tigard will have three representatives as set
forth in Article III, Section 3.1 of the Water Service Agreement. The parties agree to modify
Article III of the Water Service Agreement as follows:
"3.1 The Commission. There is hereby continued pursuant to ORS 190 the
Joint Water Commission-Hillsboro,Forest Grove, Beaverton,Tigard, and the
Tualatin Valley Water District (the "Commission'). The members of the
Commission shall be three(3)persons from each of the parties who are from time
to time appointed by their respective bodies pursuant to the laws and regulations
of the governing bodies. Members of the Commission shall serve at the pleasure
of their respective appointing bodies. The name of the Commission shall be the
"Joint Water Commission-Hillsboro,Forest Grove,Beaverton, Tigard, and the
Tualatin Valley Water District." . . .
"3.4 Meetings;Manner of Acting. Meetings of the Commission shall be
conducted in accordance with the provisions of the Oregon Public Meeting Law,
ORS 192.610-192.710. The Commission shall hold meetings not less than
quarterly. Such meeting may be cancelled by a vote of the Commission. Special
meetings may be called by the Chairperson or by any Vice Chairperson. Eight (8)
members of the Commission (including at least one(1)member appointed by
each party) shall constitute a quorum for the transaction of the business of the
Commission. An affirmative vote of a simple majority of the members of the
Commission,provided that one(1) affirmative vote is received from each of the
parties to this Agreement shall be necessary to decide any issue before this
Commission, unless a different voting requirement for a specific action is
specified or allowed in this Agreement." .
"3.8 Management Committee. Each party shall appoint its Chief Executive
Officer or their designee to serve on the.Management Committee. If the
Commission elects to hire its own employees for management the Commission, as
provided for this in Section 3.7 of this Agreement,then the General Manager of
the Commission shall also be a member of the Management Committee: The
Management Committee shall meet as required to review the business operations
of the Commission, such as planning, operations, etc.,to make recommendations
to the General Manager."
AMENDMENT TO WATERSERVICE-JOINDER AGREEMENT,Page 2 of 5
U:\JWC\IGA\WaterServ-JoinderAgt-CIB-1-13-04.doe
5. Lease of Water by JWC. Until the projects referred to in Section 3 above
regarding expansion or obtaining additional stored raw water are successfully completed, and at
all times subject to the terms of the Water Service Agreement, JWC will lease water to Tigard as
provided in the Water Service Agreement.
6. The Parties agree that Article V, Section 5.3 of the Water Service Agreement
shall be amended as follows:
Section 5.3,Stored Raw Water.
"Each party shall have available to it or obtain Capacity in Stored Raw Water,
such that sufficient raw water is available at the Water Treatment Plant Facilities
to serve the Demand of the Party. The Capacity requirement for Stored Raw
Water shall consist of the water used by the Party for the period of May 1St
through October 31". Such period maybe adjusted from time to time based on
the legal and operational availability of Surface Water Rights. Stored Raw Water
Capacity may be obtained by purchase of existing Stored Raw Water, expansion
of Stored Raw Water and/or leasing of Stored Raw Water from another Party."
7. The Parties agree that Article VII, Sections 7.5 and 7.6 of the Water Service
Agreement shall be amended as follows:
Section 7.5,Excess Use Payments.
"To the extent that a Party uses capacity in the System in excess of its owned or
leased capacity but such use does not exceed the threshold for over use as defined
in Section 5.8, the Parties shall be required to compensate the Party or Parties for
the excess capacity used. The determination of when the terms of this Section
apply and the price paid for use of Capacity will be determined by the
Commission with the intent being that the Parties are treated equitably and fairly.
If there is a lease in place, the lease price plus any other amount deemed
reasonable by JWC shall apply to the excess. If there is no existing Lease for that
lessee,the JWC shall consider other leases held by other members as a guide plus
any other amount deemed reasonable by JWC. This provision shall not apply to
those circumstances where the General Manager offers additional water to a Party
because of operational needs or considerations."
Section 7.6,Effective Dates of Leases
"The effective date for leases set forth in this Article 7 shall be on March 1, 2003
following the adoption of this Agreement and every March 151 thereafter."
8. Existing Agreement. In all respects, and except as specifically modified by this
First Amendment, all terms and conditions of the Water Service Agreement are in full force and
effect.
AMENDMENT TO WATERSERVICE-JOINDER AGREEMENT,Page 3 of 5
U:\JWC\IGA\WaterSov-JoinderAgt-CIB-1-13-04.doc
IN WITNESS WHEREOF,the parties have executed this First Amendment as of the date
opposite their signatures.
CITY OF HILLSBORO,acting by and CITY OF FOREST GROVE
through its Utilities Commission
Chairman Mayor
Dated Dated
City Record i• City Recorder
City Attorney Dated
CITY OF HILLSBORO
City Attorney
CITY OF BEAVERTON
Mayor J
Dated
Mayor
i
City Re rder Dated
sl
City Attorney City Recorder
City Attorney
AMENDMENT TO WATERSERVICE-JOINDER AGREEMENT,Page 4 of 5
U.V WC\IGA\WaterServ-JoinderAgt-CIB-1-13-04.doc
8. Existing Agreement. In all respects, and except as specifically modified by this
First Amendment, all terms and conditions of the Water Service Agreement are in full force and
effect.
IN WITNESS WHEREOF, the parties have executed this First Amendment as of the date
opposite their signatures.
CITY OF HILLSBORO, acting by and CITY OF FOREST GROVE
through its Utilities Commission
Chairman --Mayor
f'
Dated Dated
`�� J�ei ► - 'Q N-5,z.-
City Recorder City Recorder
City Attorney Dateq
f
CITY OF HILLSBORO
City Attorney %
CITY OF BEAVERTON
Mayor
Dated
Mayor
City Recorder Dated
City Attorney City Recorder
City Attorney
AMENDMENT TO WATERSERVICE-JOINDER AGREEMENT, Page 4 of 6
HACity Recorder DocumentAORMORD.JWC.I stAmend.doc
J
t
CITY OF HILLSBORO, acting by and CITY OF BEAVERTON
d rough its Utilities Commission
Mayor
Chalnuan
Dated
Dated
City Recorder
City Recorder
City Attorney
City Attorney
TUALATIN VALLEY WATER DISTRICT
CITY OF HILLSBORO
President
Mayor
Dated
Dated
Secretary
'City Recorder
Dated
City Attorney
CITY OF FOREST GROVE District Counsel
Dated
Mayor
CITY 9F TIG
Dated
Mayor
Attest
City Recorder > 04
Dte�d
r
Dated LLA--;�!CAA rl-c K)'
City Recorder
A. =�
City Attorney -�--
Attorney
AMENDMENT TO WATERSERVICE-JOINDER AGREEMENT,PageA of 4
I:TWouncil Packets12003\12-16-03VWCUWC Membership AgreementDOC
IN WITNESS WHEREOF, the parties have executed this First Amendment as of the date
opposite their signatures.
CITY OF HILLSBORO, acting by and CITY OF FOREST GROVE
through its Utilities Commission
Chairman Mayor
Dated Dated
City Recorder City Recorder
City Attorney Dated
CITY OF HILLSBORO
City Attorney
CITY OF BEAVERTON
Mayor
Dated
Mayor
City Recorder Dated
City Attorney City Recorder
r
C
City Attorney
AMENDMENT TO WATERSERVICE-JOINDER AGREEMENT,Page 4 of 5
CADocuments and Settings\dwinship\Local Settings\Temporary Intemet FilesIOLKBB\WaterServ-JoinderAgt-CIB-1-13-04.doc
TUALATIN VALLEY WATER DISTRICT CITY OF TIGARD
PresidentRichard Burke Mayor
3/a�6' 4
Dated Dated
- fj / 1
a
Secretary Gordon Martin, Acting Sec. City Recorder
Dated
City Attorney
District Counsel
t17 Y
Dated
Page 5 of 5