Resolution No. 70-11 RESOLUTION No.70-_(/— - CITY OF TIGARD
August 24, 1970
A RESOLUTION AUTHORIZING AGREEMENT BETWEEN THE CITY OF TIGARD AND THE
UNIFIED SEWERAGE AGENCY OF WASHINGTON COUNTY WITH RESPECT TO TRANSFER
OF CERTAIN SEWERAGE FACILITIES TO THE AGENCY BY THE CITY AT AN AGREED
COMPENSATION; PROVIDING FOR THE CONTINUED OPERATION OF SUCH FACILI-
TIES BY THE CITY IN BEHALF OF THE AGENCY; BINDING THE CITY TO ASSIST
IN THE ENFORCEMENT OF STANDARDS, RULES AND REGULATIONS WITH RESPECT TO
SEWAGE COLLECTION AND DISPOSAL WITHIN THE CITY; APPORTIONING REVENUES
TO BE RETAINED BY THE CITY FOR SERVICES RENDERED; AUTHORIZE USE OF
CITY REAL PREMISES IN CONNECTION WITH OPERATION OF THE FACILITIES,
AND AUTHORIZING AND DIRECTING THE MAYOR AND RECORDER TO EXECUTE THE
AGltE:w,%NT TO GIVE EFFECT TO THE FOREGOING.
WHEREAS, the City of Tigard, for certain sewage collection and
disposal purposes, was heretofore included within the boundaries of
the Unified Sewerage Agency of Washington County pursuant to the pro-
visions of Chapter 451 ORS; and
WHEREAS, negotiations have heretofore been conducted by repre-
sentatives of the City and the Agency for the purpose of establish-
Ing contractual relationships between the City and the Agency with
respect to the sewerage matters of common interest; and
WHEREAS, there is hereto attached a document recording the
results of said negotiations in the form of an agreement defining
the relationships, obligations, duties and conditions pertinent to
the subject matter hereof; and
WHEREAS, said draft has been reviewed by staff members of the
City, recommended to the City Council, and reviewed by the City
Council at a special meeting thereof held on August 17, 1970,
• NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Tigard, as follows:
(1) That pursuant to Chapter 190 ORS the City of Tigard does
hereby undertake and bind itself to all obligations and requirements
set forth in that certain agreement with the Unified Sewerage Agency
of Washington County, Oregon, copy whereof is hereto attached and
by this reference made a part hereof, subject to the ratification
and adoption of the terms and provisions thereof by the Board of Com-
missioners of Washington County acting as the Board of the Unified
Sewerage Agency pursuant to resolution duly adopted, to be effective
upon execution for and on behalf of the Agency.
(2) That the Mayor and Recorder of the City of Tigard be, and
they are hereby, authorized and directed to affix their signatures
to the said agreement in their respective capacities, thereby to
further documentthe acceptance, ratification and adoption of said
agreement on behalf of the City of Tigard.
(3) That the City Administrator be, and he is hereby,
author-ized and directed to cause to have a copy of this Resolution together
with suitable copies of the attached Agreement prepared and tendered
to the Board of Commissioners of Washington County forthwith.
PASSED by the Council this 24th d of August-- 1970.
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ATTEST: "' `
Recorder
mayor v
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AGREEMENT (TIGARD)
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THIS.AGREEMENT made and entered into as of the a day of
f<�v Y 1970, between the CITY OF TIGARD, a mmuun�fpal cor-
poration of the State of Oregon, hereinafter referred to as "City",
Sni the UNIFIED SEWERAGE AGENCY OF WASHINGTON COUNTY, a municipal cor- i
poration and county service district, hereinafter referred to as the
"Agency",
WITNESSETH:
WHEREAS, the Agency was duly formed and organised under Chapter
451 ORS for the purpose of providing sewerage treatment facilities
within its boundaries; and
WHEREAS. City is within the Agency by action of its Council and
pursuant to an election duly conducted within the boundaries of the
Agency; and
WHEREAS, City has and does, own and operate certain sewerage
facilities within the Agency; and
WHEREAS, Agency has developed a master plan for the implementa-
tion of sewerage facilities within the Agency and is in a position to
coordinate and unify treatment facilities into an integrated sewerage
system for the areas within the Agency; and
WHEREAS. City and Agency have the authority to enter into long-
range contracts for the cooperative operation of service facilities
under ORS 451.560 and Chapter 190 ORS; and
WHEREAS, it would be in the best interest of the Agency and City
to enter into an agreement which provides for the operation and owner-
ship of certain sewerage facilities and other pertinent matters relating
thereto;
NOW, THEREFORE, in consideration of the premlass and of the
covenants and agreements to be kept and performed by the parties hereto,
It is covenanted and agreed as follows:
Section 1. Definition of Terms.
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A. Wherever the following terms are used in this a6mecment,
they shall have the following meaning unless otherwise x
specifically indicated by the context in which they appear:
1. "CONNECTION CHARGE" means an amount of money charged
for connecting to the sanitary sewer system.
2. "FINANCING REPORT" means Financina Plan Unified
Sowers e AgeoGy. Washin ton Uounty, Oration, arated :r
ebruary, , by_ffa_rt)4__W*lls Associates.
3. "INDUSTRIAL WASTES" sews any liquid, gaseous, radio-
active or rolid waste substance or a acabination
thereof resulting from any process of industrial or r
manufacturing business, or from the develo;ment or
recovery of natural resources.
4. "OPERATION AND MAINTENANCE" mews the regular perform-
woe of work required to assure continued functioning
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of the sanitary sewerage system and eorrectivo
measures taken to repair facilities to keep them
+` in operating condition.
. r 5. "ORDER" means Resolutions, Orders and Directives of
the Agency prescribing standards and conditions of
r- use of sanitary sewerage facilities and rates and
charges therefor.
6. "PERMIT APPLICATION AND INSPECTION PSE" means fees
charged an applicant for permits and related
inspection for connections to the sanitary
sewerage system. 1
7. "PERSON" means the state, any individual. public or j
private corporation, political subdivision, govern-
mental agency, municipality, industry, copartnership,
association, firm, trust, estate or any other legal
entity whatsoever.
B. "SANITARY SEWERAGE SYSTEM" means any combination of
sewage treatment plant, pumping, or lift facilities,
sewer pipe, force mains, laterals. manholes, side ;
sewers, laboratory facilities and equipment, and
any other facilities for the collsotion, conveyance,
trentaent and disposal of sanitary sewage Comprising
the total publicy-owned sanitary sewerage system
within Agency jurisdiction, to which storm, surface
P.'. and ground waters are not intentionally admitted.
l 9. "SEWER SERVICE CHARGE" means s regular charge to a
property owner or occupant of designated premises for
k' the use of the sanitary sewerage system. 44F
10. "SPECIAL AUDIT" means a financial review of the actual
coats, federal grants, sewer bonded indebtedness,
z; and other pertinent data relating to a determination
of the amount payable to the City for the sequisition
by the Agency of designated properties as described
In this agreement.
U. "STANDARDS" means the standards and conditions of use
of the sanitary sewerage system as specified by the
Agency.
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Section 2. Operating Procedures and Relationships.
A. The City agrees to:
1. Enforce the standards, rules and regulations govern-
Ing the use of the sanitary sewerage system as pro-
mulgated by the Agency, and to notify Agency of
violations requiring Agency legal action.
2, obtain Agency review and approval of any permit
application for industrial waste disubarge.
;. Obtain Ageney review and approval of plans and speoi-
fieatiens for any addition, modifiesticn or --Seen-
struction (other Elan repairs) of the publiey-owned
sanitary sewerage system prior to undertaking wort
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#. Obtain Agency review and approval prior to enter-
Ing into any agreement for the use of the sanitary
sewerago system.
5. Obtain Agency review and approval prior to initiat-
ing or entering into any agreement for the financing
or incurring of indebtedness relating to the sani-
tary *overage system.
6. Establish in its records a separate account for the
purpose of accounting for connection and user foes
collected by the City pursuant to this agreement.
T. Use City revenues, exclusive of payments received
pursuant to Seotion 5 hereof, arising from this
agreement for sewerage-relatod purposes only.
8. Allow the Agency &cease at any reasonable time
upon reasonable notice to inspect and test severage
facilities within the City.
9. Grant the Agency permits from time to time as may be
necessary for the installation of sewerage facilities
In the public stroeta and ways of the City without
imposing permit issuance fees, provided that the
Agency shall adhere to any conditions required pur-
suant to $451.550(7) ORB.
10. Take such curative or remedial action as and when
necessary to maintain that portion of the publicly-
owned sanitary coverage system under the jurisdiction
of the City in accordance with prescribed Agency
standards, subject, however, to budgetary limitations
and to the •:tent that the City may be lawfully
authorised to act.
Saction 3. Ownership of laeiiities.
A. The City does hereby transfer, assign and set over to the
Agency all of the City's ownersbip interests in and to
sertain sewage treatment and collection facilities within
the City, including
1. Treatment plants and appurtanancea.
2. Swage collecting trunk and interceptor lines of -
24-ineh or greater diameter.
3. =quipment and supplies as set forth on the attached
Zshiblt "A" by referenee made a part hereof.
4. =asemsnts, rights-of-way and permits held by Lha
City with "West to the foregoing "1" and "21 but
subjeet to the tore and provisions thereof. to all
of *bleb the Agency *ball be bound and conform and
shall save. hold harmless and indaraify the City
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any failure to senform thereto.
B. The City hereby excepts and reserves to itself all land
or interest in land, except as hereinabove stated,
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Including lands utilised in connection with treatment
plants, treatment facilities; provided, however, that
the City doe• hereby grant to the Agency consent for
the non-esolusive use of such lands as may be necessary
to enable the Agency to own, operate and maintain such
facilities during continuance of this agreement.
C. In consideration of the obligations of theCity under
this section, the Agency shall compensate the City in
accordance with Section 5 of this agreement.
Section 4. Administration 0 oration and Maintenance of
Sewerage aC ee.
A. City and Agency agree that.-
1.
hat:1. City will continue to operate and maintain the
treatment plant and other facilities until the use
of the facilities are, in the discretion or the
Agency, no longer required.
2. City will process permit applications, sake inspec-
tions of conneotions to the sanitary sewerage
system, collect, account and record connectica fees,
Inspection fees. and sewer service charges within
the purview of thio agreement, in accordance with
the orders of the Agency.
3. City will remit to the Agency on a monthly basis,
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with a report on Agenoy-designated fora, the fol-
lowing amounts:
a. Forty (405) per sent of all permit and
Inspection fees.
b. Thirty (30x) per cent of all sower service
charges collected.
o. Sighty (80%) per sent of all connection
charges collected.
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4. City will diligently maintain regular billings and
collection of fess, adjust complaints thereto, and
pursue dolinqueney follow-ups and take reasonable
steps for collection thereof.
5. Agency say at any reasonable time upon reasonable £
notice inspect and audit the books and records of
the City with respect to matters within the purview
of this agreeaeRt.
6. The City and the Agency may each need extra help from
time to time that might be supplied by the other.
In such a ease, either City or the Agency is utilis-
I" the services or an employee of the other, shall
pay the lending government as follewst the esployeo'a
salary rate currently in effect for the time worked g
plus twenty-five (25%) per cent thereof.
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Secuion 5. Compensation.
A. The Agency agrees to compensate the City for the acquisi-
tion of its sewerage facilities as identified in
} Exhibit "A" attached hereto and incorporated herein, the
total amount of $ L�4 a! 1 , payable in the
manner following:
1. The sum of *70,000., paid to the City upon execution
of this agreement, the receipt whereof is hereby
acknowledged.
2. Pre-existing general obligation sewerage facility
bonds:
As partial payment due the City, the Agency hereby
agrees to pay to the City, or as City may direct,
not leas than ten (10) days prior to due date, a
sum sufficient to enable the City to pay principal
and interest on all general obligation bonds of
the City according to the amortisation schedule of
each issue as and when same fall due, with respect
to sewerage facilities of the City, including those
not forth in Exhibit "A".
Compensation to the City from the Agency for prin-
cipal sums required for bonded debt service only
shall be applied in reduction of the deferred balance
of Agency's obligations hereunder; interest payments
{ on bonded debts hereunder shall constitute interest
due the City on that portion of the deferred balance
of the Agency's obligations hereunder represented
by the City's bonded indebtedness as herein defined.
3. The balance of the Agency's obligations to the City
for transfer of the facilities hereunder shall be
paid by the Agency to the City ual install-
ments, each not less than 4Z,4 0 'VW1,Qd*fg
Interest on deferred "lance at the rate o2 five
(5f) per cant per annum from July 1, 1970
until paid, the first payment to a matle on or e�ore
July 1, 1972 and a like payment on or before July 1
of each calendar year thereafter.
Section 6. other Provisions.
A. The City and the Agency further agree that:
1. The Agency will not extend services to areas outside
the City and outside existing sanitary districts
except with the prior approval of the City where
use of City facilities is necessary to serve such
area, or where;lu& areas are contiguous to or in the
# near vicinity of the City's boundaries.
2. The installation and construction, and the financing
thereof, of sewer lines and faeill-les having a
diameter of lees than 24 inches are deemed to be
within the jurisdlation acd control of the City,
unless otherwise agreed to by the Agency. Such
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installaction and Construetion shall be made in
aocordanoo with this agreement. Agency will not
N local assessmont districts as provided
by Chapter 451 ORS.
3. The City and the Agency will each obtain such insur-
ane* contracts as necessary to Cover the liabilities
of the City and the Agency respectively for the
risks and limits act forth in 530.260 at seq ORS,
and each of the parties hereto shall oaus* the other
to be named as *a-insured on the Volley of the other
consistent with the obligations of each of the par-
ties under the terms of this contract.
4. At such time as the Agency shall dissontlnne opera-
tion or use of any facilities on City-owned pie lass.
the Ageney shall remove such equipment. faailitiea
or fi=turesiherefrom for a period of six (6) months
after such discontinuance or such facilities shall
become City property, provided that to the extent
the Agency shall 4e100318h or remove facilities,
the sites thereof shall be left free and clear of
all residue and debris and in gcod order and condition.
Thls agreement shall be effective upon its execution by both
parties hereto and shall continue In offset for a tors of thirty (30)
years from "d after the data hereof.
IN WITNESS N7:SREOs, this '._.strument has been executed in dupla-
sets pursuant to resolutions heretofore duly and legally ad*pted by
sash of the parties signatory hereto.
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UNIVIED SEWERAGE AGENCY
OP MASRINGTON COUNTY, OREGON
By
Chairman. Board of sun yamas¢ on��
of Washington County. as the governing
body of the Unified Sewerage Agency.
s
s CITY 07 TIGARD, OR$OOR
a
£ By
Mayor
By
Recorder
AORMAI M
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�ITT F TIGARD
OP.O.Box 23557
72020 S.W.Main
Tigard,Oregon 97223
a
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TIGARD
CONCERNING BALLOT MEASURE #11
a
October 26, 1970
WHEREAS, ballot measure #11 is not in the best
interest of the public health, safety and welfare,
and will inhibit progress toward comprehensive land use
planning, air-water-and land pollution control, resource
conservation, and the orderly and efficient development
of our State, and
( � WHEREAS, in addition, the Ballot Measure would
negatively affect planning in incorporated areas and
lead to profound rural-suburban-and urban conflict
and disorganization,
NOW, THEREFORE, be it resolved that the Tigard City
Council goes on record as being opposed to Ballot
Measure #11.
PASSED by the City Council this 26th day of October
1970.
Mayor - City of Tlgara
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