Resolution No. 89-58 4 "
CITY OF TIGARD, OREGON
RESOLItTIOL NO. 89- 59
A RESOLUTION AMENDING RESOLUTION NO. 70-11 AUTHORIZING AN INTERGOVERNMENTAL
AGREEMENT BETWEEN THE CITY OF TIGARD AND UNIFIED SEWERAGE AGENCY OF WASHINGTON
COUNTY CONCERNING REVENUE DIVISION; INDUSTRIAL WASTE RESPONSIBILITY AND
REVENUE.
WHEREAS, the City of Tigard (City) and Unified Sewerage Agency Of Washington
County (Agency) entered into an agreement dated September 8, 1970 pertaining
to the operation and Ownership Of certain. ___rage facilities; and
WHEREAS, it would be in the best interest for the City and Agency to agree to
certain modifications as outlined in the attached Agreement marked as Exhibit
"A.
NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that:
Section 1: The Council hereby authorizes the Mayor and City Recorder to
sign on behalf of the City an amendment, as outlined in the
attached Exhibit "A," to the Agreement as specified in City of
Tigard Resolution No. 77jjj0-11.
PASSED: This day ofI
ATTEST: e^'Mayor - City o igard
Deputy Recorder - City of Tigard
cw/9933D
p.ESOL uTION NO. 89-
Page 2
Exhibit "A"
AGREEMENT
THIS AGREEMENT, made and entered into this day of
, 1989, between the !Unified Sewerage Agency of Washington
County, a duly incorporated and existing Chapter 451 County Service
District hereinafter referred to as "Agency", and the City of
ligard, a municipal corporation of the State of Oregon, hereinafter
referred to as "City."
WITNESSETH:
WHEREAS, pursuant to the contract between City and Agency,
dated September 8, 1970, the parties entered into an agreement
pertaining to the operation and ownership of certain sewerage
facilities within the city; and
WHEREAS, the contract does not adequately address how revenue
should be divided between Agency and City in regard to the
requirement to retire current and future revenue bonds issued by the
Agency; and
WHEREAS, the contract does not adequately address the division
of responsibility and revenue regarding the industrial waste
program; and
WHEREAS, it would be in the best interest of Agency and City
to agree to certain modifications to the original agreement;
NOW, THEREFORE, in consideration of the premises and of the
covenants and agreements to be kept and performed by the parties
hereto, it is covenanted and agreed as follows:
I. Section 2.A.2 is hereby deleted, and replaced with the
followina-
Refer persons who may require an industrial waste
discharge permit to the Agency.
2. Section 4.A.2 is hereby amended by the addition of:
except as provided in Section 4.A.7 below.
3. Section 4.A.3 is hereby deleted, and replaced with the
following:
City will remit to the Agency on a monthly basis, with a
report on Agency-designated forms, the following amounts:
a. Forty percent (40%) of all permit and inspection fees
collected.
b. One-hundred percent (100%) of the portion of sewer
service chargest as certified by the Agency Board of
Directors annually, required for payment of revenue
bonds issued by the Agency after July 1, 1989, shall
be remitted to the Agency. Beginning on July 1, 1990,
one-hundred percent (100%) of the portion of sewer
service charges, as certified by the Agency Board of
Directors annually, required for payment of all
revenue bonds issued by the Agency shall be remitted
to the Agency. ,
C. For the remaining portion of sewer service charges
after the revenue bond payment requirement has been
subtracted, thirty percent (30%) shall be retained by
the City , and seventy percent (70%) shall be remitted
to the Agency.
d. Eighty percent (80%) of all connection charges
collected shall be remitted to the Agency.
4. Section 4.A is hereby amended by the addition of:
7. a. The Agency'shall have exclusive ju-isdiction over
industrial waste discharges with regard to permits,
serice fees, billings, collection, regulations and
enforcement. Upon receipt of any application for an
industrial waste discharge permit within City
territory, the Agency shall so inform City and shall
coordinate .with any other applicable development or
construction permits of City.
b. For Industrial Waste fees, Agency shall remit to
City twenty percent (20%) of connection, volume, and
monthly service charges. Agency shall retain
(100.1 x c the ante a! permit fee,
own one-hundred percent 'v+ �•••• �-
and any penalty fees. COD and SS fees that may be
assessed.
S. The remainder of said agreement, including any other duly
adopted modification, if any, and each part thereof, be,
-and: hereby is, ratified, readopted, and continued in full
force and effect by and between the parties hereto.
IN WITNESS WHEREOF, this instrument has been executed in
duplicate pursuant to resolutions heretofore duly and legally
adopted by each of the parties signatory hereto. �^
UNIFIES] SEWERAGE AGENCY CITY O�F-�TIGARB'; OREGON
OF WASHINGTON COUNTY
By By � G'�c
airman, (Fo—ard of Uirectors T
y
Approved as to form: Attest: ( q4/w,,; „., %
iyRecorder- ��
Attorney or Agency
Approved as to fo.m;:
A
�c>rcy Attorney