Resolution No. 72-05 RESOLUTION N0.72- ,S
CITY OF TIGARD, OREGON
February 7, 1972
A RESOLUTION AUTHORIZING AND ADOPTING AN AMENDMENT TO CONTRACT DATED
SEPTEMBER S. 1970 BETWEEN THE CITY OF TIGARD AND THE UNIFIED SEWERAGE
AGENCY OF WASHINGTON COUNTY, OREGON WITH RESPECT TO THE OPERATION AND
MAINTENANCE OF THE SEWAGE TREATMENT PLANT IN THE CITY OF TIGARD, AND
RE-DEFINING THE CITY'S PERCENTAGE OF PARTICIPATION WITH RESPECT TO
SEWER SERVICE CHARGES.
WHEREAS, the City of Tigard has heretofore by resolution of
August 24, 1970 formalized an agreement with the Unified Sewerage
Agency with respect to the operation, maintenance and use of the
treatment plant and other sewage facilities within the City of Tigard;
WHEREAS, negotiations have been conducted for the purpose of
amending said agreement as hereinafter set forth; and
WHEREAS, it is deemed to be in the best interests of the City
that said agreement be amended as hereinafter stated,
NOW, THEREFORE,
followsBE IT RESOLVED by the City Council of the City of Tigard as
(1) That the Council does hereby bind the City to the terms
and provisions set forth in the attached amendatory contract dated
the 18th day of January, 1972 and by this reference made a part
hereof.
(2) That the Mayor and the City Recorder be, and each of
'i them is, hereby authorized to execute the said contract on behalf
of the City by affixing their signatures thereto in their respective
capacities.
�} (3) That the City Administrator be, and he is hereby, auth-
orized and directed to have a copy of this Resolution together with
proper copies of the executed agreement prepared and tendered to the
Board of Coamaissioners of Washington County.
PASSED by the Council this 7th day of February, 1972.
order
AT 6,
Mayor
Resolution 72- of of 2/7/72
'54, l,, t
MiRE1I41IP ("A Rf0 77
• Tffi8AGRE MAM, made and ante 'x1Yia1 "'3�X
January, 1972, between the Dnilied is
Count L4e Xgaa+ `05 Mas
y, a duly incorporated and existing CflS Chapter 451 County Sei'via ,q.
District, hereinafter referred to as "Agency-, and the City of Tigard,
a municipal corporation of the State of Oregon, hereinafter referred to'- ;
as "City", :• .
WITNESSETH:
WHEREAS, pursuant to the contract between City and Agency, dated
Hee 8, 1970, city does operate and maintain the treatment plant and -
other facilities for sewerage treatment within the city limits of City;
WHEREAS, City is desirous of Agency assuming the operation and
maintenance responsibility of
belonged to City; and the sewerage treatment plant which formerly .J
WHEREAS it would be in the best interest of Agency and City to
agree to Agency assuming the operation and maintenance responsibility of
said sewerage treatment plant, with the appropriate change of revenue
distribution by City;
i.
NOW,THEREFORE, in consideration of the premises and of the covenaaC�!�`
and agreements to be kept and performed by the parties hereto, it is
covenanted and agreed as follows;
1. Sectio 4 1, of that contract between City and Agency, '
dated S, 1970, concerning purchase of sewerage
facilities by Agency and the distribution of maintenance
and operational responsibilities between Agency and City,
be, and hereby is, deleted in its entirety from said
agreement, and the following language shall be inserted
in its place:
"Effective February 1, 1972, and thereafter, the Agency
shall operate and maintain the treatment plant and
pump stations. The City shall continue to operate and
maintain all other facilities of the collection system.
Agency shall operate and maintain the treatment plant
until, in the sole discretion of the Agency, the use of
said treatment plant is no longer required."
2. Section 4. A. 3, b, of the above described contract, dated
December 8, 1970, be, and hereby is, deleted in its entirety
from said agreement, and that the following language shall be
inserted in its place:
"Seventy percent (70%) of all sewer service charges
collected."
3. The remainder of said agreement, dated 8, 1970, and
each part thereof, be, and hereby is, ratified, readoptedand
continued in full force and effect bf and between the parties '
hereto.
IN WITNESS WHEREOF, this instrument has been executed in duplicate
pursuant to _esolutions heretofore duly and legally adopted by each of the
parties signatory hereto.
CITY T3GARD, OREGON UISI .S SEWERAGE AGENCY
WAS' N N COUNTY, OREGON
Hy �•fG[c_ H .
Ma C�a�, Hoard o County Cotmrtyss oner8
ngton County, Oregon
HyRecozder As the governing body of the Unified 1` Sewerage Agency.
r' �/
:y,
+ yi
r 1 IN THE UNIFIED SEWERAGE AGENCYy"+3�
2 OF WASHINGTON COUNTY, OREGON y
3•In the Matter of Amending Contract ) RESOLUTION AND ORDER
Between City of Tigard, Oregon, and
4C,4 the Unified sewerage Agency. ) NO.
5 The above entitled matter came on before the Hoard of County
6.Commissioners of Washington County, acting as the governing body of
7 the Unified Sewerage Agency of Washington County, at its regular masting�.,
9 of January 18, 1972; and
9• It appearing to the Board that the City of Tigard is desirous of
10 having the Agency assume the operation and maintenance of the treatment Y
^11 plant located at that city, with the commensurate adjustment in the dis-
12 tribution of revenues received for sewer service charges; and
13 It appearing to the Board that it would be in the best interest
..= 14 of the Agency to assume this obligation, and Agency staff and the Unified_..".,
15 Sewerage Agency.Commission recommend amendment of said contract, and the
16 Board being fully advised in the promises; it is, therefore
7•. RESOLVED AND ORDERED that the Chairman of the Board of County
18 Commissioners of Washington County, acting as the governing body of the
19 Unified Sewerage Agency, be, and hereby is, authorized and directed to
20'execute an Agreement on behalf of the Agency, between the Agency and the
21 City of Tigard, Oregon, wherein the Agency shall assume the responsibility
22•for the operation and the maintenance of the treatment plant and the pump`,
X23 stations within the City of Tigard, and the Agency shall receive 70% of
0 24 all sewer service charges collected
C.
rg by the City of Tigard,
fo z 25 DATED this 18th day of January, 1972.
sw 26. UNIFIED SEWERAGE AGENCY
moo. OF WASHINGTON COUNTY, OREGON
6 27-
BY BOARD OF COUNTY COMMISSIONERS
)gym 28 F SHING_ ON COUNTY,,OREGON
S Votes aye s It GO nin��od
� 29
30 ' mail
1''31
32 Re ording Pcretary
IF
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