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Resolution No. 88-35 i CITY OF TIGARD, OREGON RESOLUTION NO. 88-' i A RESOLUTION OF THE. 1IGARD C11Y COUNCIL AUTHORIZING THE MAYOR TO SIGN A SURFACE WATER MANAGEMENT DISTRICT FORMATION AGREEMENT/REPAYABLE GRANT SHERFAS. the City of Tigard and Unified Sewerage Agency are desirous of a regional approach to storm water mann .._rd ye��,c., , WHEREAS, some preliminary study work is needed to be done in order to establish whether a district to administer region--wide storm water management is feasible; and WHEREAS, an agreement has been drafted wherein the City of Tigard would pay $23,335 by July 1, 1988, as Tigard's share as a grant; and WHEREAS, the Agreement sets forth the establishment and mainternance of a separate fund for said grant moneys and conditions for repayment of said grant should the establishment of such a district proceed. NOW, THEREFORE, BE IT RESOLVED by the Tiga,d City --Ou,c.. Section 1: The Mayor is hereby authorized to sign, on behalf of the City, the Surface Water Management District Formation Agreement/Repayable Grant, attached as Exhibit "A" and made a part hereof, with the Unified Sewerage Agency of Washington County. i PASSED: This �f day of )lf 4L. 1988, p c Mayor - City of Tigard ATTEST: Deofuty City Recorder - City of lagard APPROVED AS TO FORM: ral Deputy City Recorder t tt Date t- cw/4548D RESOLUTION NO. 88- -35- page 3 SURFACE WATER MANAGEMENT DISTRICT FORMATION AGREEMENT ABLE CPA NT REFAY • This Agreement is between City of Tigard, Oregon, and the Unified Sewerage Agency, hereinafter "City" and "Agency". Recitals J. The parties have authority to enter into this Agreement pursuant to ORS Chapter 190; and pursuant to the contract between Washington County and the Agency, Iattached hereto as Exhibit "1" and by this reference incorporated herein. ..tarest and of benefit to the ® 2. It is in the pui,l=-- =-- parties to investigate formation of a County Service District, pursuant to ORS Chapters 199 and 451 or to investigate addition of a function to the Agency Pursuant to said statutes, for surface water management including all or part of the Tualatin River Basin; 3• It is contemplated by the parties that, if such district is formed, it may be operated and administered by the Agency, pursuant to authority obtained upon formation and subject to further contracts with cities and counties; 4. It is the purpose of this Agreement to provide for a grant of funds from the City to the Agency, for use in _o,.,.,";na all tasks related to investigating the Y_�.a__-- dd in ORS formation of such a district, as provided 451, to be repaid by the Agency Chapters 198, 199 a or District as provided herein. These tasks are more Surface Water Management District Formation Agreement ® Repayable Grant Page Two f. fully identified in the Surface Water Management Scope of Work, attached hereto as Exhibit "2" and by this reference incorporated herein. The basis for the amount of funds herein is one dollar per capita of estimated City population in accordance with attached Exhibit "3" and incorporated herein- Now, t:i-ref.ore, in consideration of the mutual promises and covenants _,_2tained herein_ the parties aaree as follows: ® i. Agency will establish and maintain a separate fund, to be known as the Surface Water Management District Formation Fund. Funds deposited in this Fund shall be used only for purposes related to investigation and possible formation of a surface water management district or expansion of the Agency's authority. Such funds shall be utilized for those reasonable and necessary expenses incurred under ORS ASi,535, ORS 198.705-.855, ORS Chapter 199, and other applicable laws governing formation of a new district or expansion of the Agency's authority. The Agency shall follow all applicable laws in administering and expending such funds, and shall follow the project budget, included in the Agency-County Agreement, attached hereto. Surface Water Management District Formation Agreement Repayable Grant Fes. Page Three 2. The City of shwl.l deposit with Agency $23,335.00.. This sum of funds shall be deposited no later than July 1, 1988. The Agency shall use the funds according to the terms of this Agreement. 3. The Agency shall create a committee to provide general policy recommendations for the process. The committee shall include one member appointed by each participating City Council, the Washington County Board of commissioners, the Board of Direci.uis of the Agency and other selected agencies and vc9arilzaticnz with an interest in this process. The Agency shall provide quarterly progress reports on the process to City staff and officials. 9. Funds deposited with the Agency under this Agreement shall be a grant for the purposes provided herein This grant shall be repaid to the City as follows: A. In the event the district is not formed or Surface water Management function is not added to the Agency within five years or as the parties may further agree, funds expended shall remain a grant to the Agency. Funds not expended shall be returned to tl.e City in proportion to its contribution to the Fund. B. In the event the district is formed or Surface water Management function is added to the Agency, and funding is obtained, and Surface Water Management District Formation Agreement Repayable Grant Page Four subject to the appropriation of the district governing body, the grant shall be repaid in full within two fiscal years of fGr=atio... Payment shall be made from District funds, ® or from Surface Water Management funds of the Agency, as appropriate. 5. This Agreement shall not be construed as a charge or obligation on the Agency's sanitary sewerage revenues or funds. In no event shall the grant be repaid by, and no charges shall be made against, the sanitary sewerage revenues of the Agwz--C=y. 6. This Agreement shall take effect July 1, 1988. The term shall be five (5) years, or such earlier time as formation of a surface water management authority shall occur. DATED this C fh day of '' 1988. City of Tigard, Oregon By Title 4OVEDAS FORM: gal Coun e UNIFIED SEWERAGE AGENCY By Title APPROVED AS TO FORM: Legal Counsel EXHIBIT "1" - STORM AND SURFACE WATER MANAGEMENT DISTRICT FORMATION AGREEMENT WASHINGTON COUNTY AND UNIFIED SEWERAGE AGENCY This Agreement is between Washington, Ccunty, and rhe Unified Sewerage Agency, hereinafter "County" and "Agency" or "USA" respectively. Recitals 1. The parties have authority to enter into this Agreement pursuant to CRS Chapter 190; 2. It is in the public interest and of benefit to the parties to form a County Service District or to add Storm and Surface Water Management functions to USA, pursuant to ORS Ch. 451 and 199. to include territory within one or more cities and part or all of one or more counties, to manage and have authority over storm and surface water including all or part of the Tualatin River Basin and other basins; 3. It is understood by the parties that, if such function is added or district is formed, it may be operated and administered by USA, pursuant to authority obtained upon formation and subject to the discretion of the Washington County Board of County Commissioners and agreements with member cities and counties; and that greater staff continuity may be obtained by authorizing USA to undertake pre-formation activities as provided herein; and 4. It is the purpose of this Agreement to authorize and delegate to USA the County's authority to prepare engineering studies, provide public information, prepare document,, and du all other things necessary to form the district. Now, therefore, in consideration of the mutual promises and covenants contained herein, the parties agree as follows: STORM AND SURFACE WATER MANAGEMENT DISTRICT FORMATION AGREEMENT COUNTY AUTHORIZATION OF UNIFIED SEWERAGE AGENCY Page 2 1 . Pursuant to ORS Chapter 130, USA shall be authorized to take all steps and do all other tasks necessary and proper to form a Storm and Surface Water Management District, including but not limited to preparing aii documents, attending meetings, managing funds, adopting contracts, providing public notices and information and attending Boundary Commission proceedings, 2. USA and County agree and understand that certain actions necessary to initiate and form the district will be taken by their respective governing bodies. The parties agree to adopt and execute all documents necessary to initiate and form the district. 'v.GVu sem.. . 3. USA shall establish a separate accaunt or fund, to be known as the Storm and Surface Water Management District Formation Account or Fund. Agency may accept funds from County, Cities, the State of Oregon, the United States Government and other persons for deposit in this account or fund. and use and expend such funds for purposes related to formation of a storm and surface water management district and for no other purposes. USA may accept gifts or grants of money or property, and in-kind contributions from other governments and persons related to district formation_ USA shall use its best efforts in utilizing funds to form the district, and shall follow the project outline and budget, attached hereto as Exhibit "A". 4. USA shall not be required to act pursuant to this Agreement except to the extent funds are made available through the Storm and surface water Management Account or Fund, as described herein. No contract or other obligation incurred under this Agreement shall constitute a charge against the Agency sanitary sewerage funds. f, STORM AND SURFACE MATER MANAGEMENT DISTRICT FORMATION AGREEMENT COUNTY AUTHORIZATION OF UNIFIED SEWERAGE AGENCY Page 3 5. It is understood that, until a district is formed or authority otherwise duly vested in USA, the Agency shall have no authority or responsibility pertaining to storm and surface water management. Washington County, cities therein, and other entities shall retain all such authority within their respective jurisdictions. 6. The term of this Agreement_ sha11 be five (5) years. It may be renewed for a like term by agreement of the parties. It shall terminate automatically upon formation of the district and completion of all duties of this Agreement. In the event a district, as contemplated by this Agreement, is not formed within five years, all remaining funds deposited with USA shall be returned to their respective donors, in proportion to their contributions. DATED this lr2--0- day of -`Te?)l./_),I 1989. WASHINGTON COUNTY ���� APPROVED WASHINGTON COUNTYBOARD__/ ' '"" `l BOARD OF COMMISSIONERS, By /�y MINUTE ORDER M Title .Chairman Boazd of Co-sioners DATE�_�(_/�_���j/+�� � BY (:LE FTHE •pn APPROVED AS TO FORM: A 4L. ounty counsel -- i9tvlrIED SEWERAGE AGENCY APPROVED UNIFIED SEWERAGE AGENCY /1,�(,— SOARD OF DIRECTORS By � �, MINUTE—DER DATE__�._..._ GA�SL4__.� _ _ Title Chairman, Board of"Directors Agency sY Unified SewerageCa�.._ ..._ cirrtc of TKE wr, �T APPROVED AS TO FORM: 0151r/4-6 Lie,- Codu nse i Exhibit "A" AGENCY SCHEDULE AND COSTS Estimated Cost (S) u;lactnnac 1. Develop cost, schedule and plan - 0 - 2. Approval to proceed - O - 3. Funding of study 80,000* 4. Hire staff O � � and Advisory Committee - - 5. Form Siecri..> 60,000* 6. Hire financial consusltant ,..,� ,-.,..cult_ant 20,000* 7. Hire public information and �„ vol� ^- 15,000X B. Conduct information process 40,000 (in kind) 9. Agency staff commitment 15,000 (in kind) 10. Legal r:�unsel - 0 - 11. Set boundary 3,000 12. Prepare economic feasibility study 0 13. Prepare inventory and maintenance program - - 14. Preliminary contracts with cities or memos of - 0 - understanding - 0 - 15. Board sets hearing - 0 - 16. Board hearing 840** 17. Submit to Boundary Commission - 0 - 18. Boundary —i—ion review 19. Resolve conflict with exiting drainage entities - 0 - - 0 - 20. Formal city action - 0 - 21. Boundary Commission approval - 0 - 22. Boundary Commission appeal - 0 - 23. Board sets hearing 24. Petition received - c - 25. Board hearing 26. Board action - 0 - 27. Hire public information consultant 30,000*** 28. Information program 15,000 29. Election - 0 - 30. Contingency 15,000 TOTAL COST 238,840 (does not include in-kind costs) *These dollars can be mixed as needed. **Filing fee ***Some dollars could be used earlier with Item 8 /eb 1/88 EXHIBIT 2 SURFACE WATER MANAGEMENT SCOPE OF WORK The Unified Sewaragc a-,ncv (USA) is a county service district mile 3- - that provides sanitary sewerage services ,aand�smallfportions area s*thin urban Washington County, Oregon of Clackamas County, Multnomah County, Lake Oswego and Portland. The Agency serves a population of approximately - -- of of problems in water quality, flooding, funding and lack of consistent responsibility for storm and surface water management have lead the Washington County Board of Commissioners to contract with USA to lead a process to determine if a regional roblems• surface contra, management district should be formed or such sewerage SnpenUSAimusterestricted tthehusegofcdea itsofunds totsanitary p .,molished through grants from ��— h. work, this froccss w m--c Washington County and several cities within the `uprogram could potential new district or surface water sanagementome nt areas, or it include all of Washington County, plus could be smaller. 1988 and The process is tentatively scheduled to begin July 1, end with an election in November 1989. Thisofrocfiswlll include extensive public involvement in the shaping organizational, financial, engineering and operationalcitizproposal that will be put before involvementeR financials at an ectandifacilitiesgency will be hiring public consultants for the process. GENERAL SCOPE OF WORK The general scope of work for the project is: raise public awareness a3��toverLapsthe issues responsibility, drainage deficiencies, g 1 and the impacts of EPA regulatioa�s on surface water management) o the public on such things as the provide information t benefits and costs of various storm and surface water s nroarams, possible formats of a district, and various d level an Options for funding methods u=• involve the public in identifying problems and goals for cwater management Storm and 5iir.-..••-..�ce- incorporate feedback from the public into the final proposal made to voters- ® ,-. sl^clic,. whether or not allow the public to decide at ement a district should be formed orSurfaceWater Manag function should be added to the Agency ® The tollowing scopes of work identity the specific components of the project: PUBLIC 1NIVOL'vEFIENT SCOPE: OF WORK The proposed budget for the Public involvement Process is $130,000. 1. Baseline Information: Identify information that will help in designing the program, including identification of opinion leaders and other target audiences, knowledge of the issues, existing opinions, how people want to be involved, positive/negative issv+es left over from previous County process, information sources (e.g. PeoPlel +•cw5VaL`ia, gscer ruup new3wis), and community resources for the process. 2. Public Information/Education: Design and assist in conducting a public information/education program that includes a wide range of effective methods and tools to present general and technical material, promote interest, inform and promote involvement. 3. Public Involvement: Design and assist in conducting a public involvement program that uses a wide range of methods and tools to effectively engage the public in a dialog about the issues and incorporates public feedback and comments in decision making about goals, problems, financing and facilities. Review and analyze the effectiveness of the process at key points and make adjustments where necessary and feasible to accomplish awareness and involvement goals. 4. Staff/Board Education: Identify additional skills and knowledge needed for the process and provide training to fill those needs. S_ Advisory: Advise staff and the Agency's Board of Directors on a variety of issues, including but not limited to: timing of efforts h to develop cred-ib'�1'* with the u vn � i --- � - a�Y v YlJb11t,�EJOLential pitfalls, etc. FINANCIAL STUDY SCOPE OF WORK The preliminary budget for the financial work is $60,000. 1. Review and become familiar with the information available from the 1982 Drainage Masterplan prepared by James Montgomery, and Lhe 1925 D-z�-;nage _M_asterp!=*n reports prepared by Kramer, Chin and Mayo for Washington County. The KCM Masterplan report is made up of several elements: Prototype basin plans, a Financial Planning Element, and a Public Involvement Element. 2. Provide financial information and analysis for input to the public involvement process, and incorporate public feedback into a final plan. 3. Prepare, analyze and evaluate the benefits of various formats for a surface water district, and the boundary 4. Receive information from the Facilities consultant regarding the preliminary cost of programs, and from that determine a planning level estimate of the annual and long ted'_ financial needs of a surface water S management program. S. Using existing and new information, prepare, analyse, and evaluate various possible funding methods for a surface water management program. The analysis must be in sufficient detail to demonstrate the effects on classes of individual properties, and to show the total revenue potential of each. 6. Prepare, analyze, and evaluate various billing systems (methods of collecting the revenue). It is not expected that a billing system will be set up as a part of this effort. 7. Investigate the financial impact of the formation of a surface water district on USA, and other affected agencies and jurisdictions. Evaluate the impacts. Assist in negotiating preliminary agreements with affected cities and jurisdictions defining responsibilities and procedures to be used if the District is formed. 8. Prepare the financial data necessary for submittal to the Portland Metropolitan Area Local Government Boundary Commission for the formation of the new district or for the addition of the surface water management function to the Agency, and provide additional financial information G th_ �a3 require. FACILITIES STUDY SCOPE OF WORK The oreli.minary budget for the facilities work is $50,000. 1- Review and become familiar with the 1982 Drainage masterplan prcpa cd by jamnc= Montgomery, and 1981, Drainage Masterplan prepared by Kramer, Chin, and Mayo for Washington County so that work need not be duplicated. The KCM Masterplan report is made up of several elements: Prototype basin plans, a Financial Planning Element, and a Public Involvement Element. 2. Develop an inventory of drainage and surface water management facilities in the study area. The inventory need only be in sufficient detail to identify the approximate magnitude of facilities by sub-area. 3. Develop, analyze, and evaluate the scope of various work Y_cgre__ ___essary to meet the needs expressed by the public through the public involvement process. Determine the annual and lona term costs of the programs. Re-evaluate the programs in response to feedback from the public. Programs may include, but not be limited to, storm line inspection and maintenance, catch basin clearing, open system maintenance and cleaning, weed control, detention facility maintenance, water quality programs, street sweeping, leaf collection, private development review and inspection, NPDES permit management, records management, administration, insurance, engineering and basin studies, capital improvement, line replacement, stream gauging, rainfall data, and management of storm records. 4. Develop a planning level overview of facility options based on 'existing master plans and reconnaissance level evaluation of other basins in the study area in response to the needs stated by the public and public agencies through the public involvement process. It is not anticipated that individual detailed basin studies will be performed to develop the facilities plan. S. Prepare the facilities data necessary for submittal to the Portland Metrepolitan Area Local Government Boundary Co for the formation of the new district, or for the addition of the surface water management fu�,ction to the Agency, and provide additional facilities information as they may require. t` SURFACE WATER MANAGEMENT CHANGES TO AGREEMENT DRAFT NUMBER 1 Recitais 2. Delete "territory within one or more cities and part or all of one or more counties, to manage and have authority over. . . ." 3. Revise "shall" to "mav" in second line; revise "by further contracts with member cities and counties;" to "subject to further contracts with cities and counties;" 4. Replace general purpose with a more detailed task identification; refer to Exhibit 2, Scope of work; define the basis for the amount of the 4rant funds. Agreement 1. Revise "has" to "will;" refine funding language. 2. identify the sum of funds with submittal schedule. 3. Establish a policy committee and define composition; establish schedule for Agency progress reports to city. 4. Define deposited funds and repayment procedure with schedule. 6. Establish effective date. 4/88 CHANGES TO ORIGINAL SCOPE OF WORK Opening states that a public involvement, facilities and financial cuns-altants ..ill be hired Public Involvement Scope of Work Baseline information slightly redefined For Public information and public involvement, the word "implement" is changed to "assist in conducting" Financial Scope of work Add #3 on format and boundary of the district ® In #4, add the words '`preliminary" and "planning !eve! estimate" In #5, add the words "Using Existing and new information" In #7, add the words "assist in" Facilities Scope of Work In #3, add "leaf collection" In #4, reword the first sentence to clarify intent