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Resolution No. 90-43 CITY OF TIGARD, OREGON RESOLUTION NO. 90- L{ A RESOLUTION APPROVING A SURFACE WATER MANAGEMENT AGREEMENT AND A CITY COMMITTEE AGREEMENT WITH UNIFIED SEWERAGE AGENCY (USA) ; .AND AUTHORIZING THE MAYOR A14D CITY RECORDER TO SIGN BO'T'H AGREEMENTS WHEREAS, the Unified Sewerage Agency (USA) has developed a county- wide surface water management plan to facilitate clean up of the Tualatin River; and WHEREAS, the City of Tigard and OSA previously entered into an agreement for the cooperative operation of sanitary sewer service facilities and that agreement does not address surface water management; WHEREAS, the attached agreement addresses both sanitary sewer and surface water management and combines provisions from the previous agreement and its amendments; and WHEREAS, a second attached agreement provides for a review committee made up of representatives from each city participating in the county-wide plan; and WHEREAS, the City Council finds it to be in the best interest of the city to participate in the surface water management plan.; and WHEREAS, the City of Tigard and USA have authority to enter into agreements for the cooperative operation of service facilities under ORS 451.560 and ORS Chapter 190; NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: Section 1. The agreements with Unified Sewerage Agency (USA) providing for sanitary sewer and surface water, management are approved. Section 2. The Mayor and City Recorder are hereby authorized to sign the two agreements with USA attached to this resolution as Exhibits "All and "B" PASSED: This day of June, 1990. --'Ma or 'City 1of Tigard ATTEST: APPROVED AS TO FORM: City Recorder - City f7 g d -City Attorney - City of Tigard At i ga rd`,ua aagree.res AGREEMENT /¢y� THIS AGREEMENT is made and entered into as of the �J day of 1990, between the City of �<. a 1r ni.cipal corporation of the State of Oregon, rei.naf-'ter referred to as "City," and the Unified Sewerage Agency of Washington County, a municipal corporation and county service district, hereinafter referred to as the "Agency," WHEREAS, the Agency was duly formed and organized under ORS Chapter 451, has the authority to provide sanitary sewerage treatment facilities, and to provide for storm and surface water management within its boundaries; and Citv 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 and Agency have the authority to enter into contracts for the cooperative operation of service facilities under ORS 451.550 and ORS Chapter 190; and WHEREAS, Agency has developed a master plan and a master plan update for sewerage facilities, and a surface water management plan, and is in a position to coordinate and unify sanitary sewer treatment facilities and storm and surface water mann enteent, and regulation of waste water quality and quantity into an integrated system for the r.____ within the Aqency; and WHEREAS, City and Agency previously entered into an Agreement for the cooperative operation of sanitary sewer service facilities, and said Agreement is in need of amendment to address surface water management functions and other issues; and it would be in the best interest of the Agency and City to consolidate provisions of the original agreement, previous amendments, and additional amendments into a single document. NOW, THEREFORE, in consideration of the covenants and agreements to be kept and performed by the parties hereto, it is agreed as follows: Section 1. Definition of Terms Wherever the following terms are used in this agreement they shall have the following meaning unless otherwise specifically indicated by the context in which they appear A. Board shall mean the Board of Directors of the Agency, its governing body. B. Connection Charge means the amount charged for connection to the sanitary or storm and surface water system. C. Council shall mean the City Council, governing body of the City. D. Dwelling Unit (DU) means a separate living unit with kitchen facilities including those in multiple dwellings, apartments, mobile horses and trailers. For nonresidential properties, a DU or Dwelling Unit Equivalent (DUE) shall be determined by Agency Ordinance, and Agency resolutions adopted thereunder. E. Equivalent Service Unit (ESU) is the unit of impervious surface area which generates the storm and surface water runoff egsal to a single family residential. property, as determined by Agency Ordinance, and Agency resolutions adopted thereunder. F. imp rvious Surface Area includes all areas that have been altered from their natural state such that they do not allow the infilt•cation and retention equivalent to that of undisturbed soil. This shall include, but is not limited to pavement, buildings, decks, parking areas, and compacted gravel areas. G. Industrial Waste means any liquid, gaseous, radioactive or solid waste substance or a combination thereof resulting from any process of industrial or manufacturing business, or from the development or recovery of natural resources. For the purposes of this agreement, Industrial Waste shall- also include any substance regulated under 33 USC Sec 1317, together with regulations adopted thereunder. H. aeration and maintenance means the regular performance of work rec_tuired to assure continued functioning of the storm and surface water system and the sanitary sewerage system and corrective measures taken to repair facilities to keep them in operating condition. I. Order means Resolutions, Orders and Directives of the Agency prescribing General standards and conditions for construction or use of the storm and surface water facilities and the sanitary ..._cue age facilities, and rates and charges therefor. J. Permit Application and Inspection Fee means fees charged an applicant for perriits and related inspections for connections to the storm and surface water system and the sanitary sewerage system. K. Person means the state of Oregon, any individual, public or private corporation, political subdivision, governmental agency, municipality, industry, copartnership, association, Firm, trust, estate or any other legal entity whatsoever. L. Sanitary Sewers a System means anv combination of sewer treatment plant, pumping, or lift facilities, sever pipe, force mains, laterals, manholes, side sewers, laboratory facilities and equipment, and any other facilities for the collection, conveyance, treatment and disposal of sanitary sewage comprising the total publicly-awned sanitary sewerage system within Agency jurisdiction, to which storm, surface and ground waters are not intentionally admitted. Page 2 M. Sanita� Sewez Service Chale means a regular charge to a property owner or occupant of designated premises for the ase of the sanitary sewerage system. N. Sewage Treatment Facility means any facility designed for the purpose of the appropriate treating, holding, disposal, and discharge or reuse of sanitary sewage, including byproducts of sucu treatment processes. O. Sewage CollectionSystem means any system of pipes, and pumping facilities designed for the collection of sanitary sewage for the purpose of trar_sporting such material to a sewage treatment facility. P. Standards means the standards and conditions of use of the storm and surface water system and the sanitary sewer system as specified and adopted by the Agency. Standards also shall mean applicable statutes and rules of the United States and the State of Oregon. Q. Storm and Surface Water Service Charge means a regular charge to a property owner or occupant of designated premises for the contribution of runoff or pollution, (as defined in ORS 468.700), or both to the storm and surface water system. R. Storm and Surface Water System means any combination of publicly owned storm and surface water quality treatment facilities, pumping, or lift: facilities, storm drain pipes and culverts, open channels, creeks and rivers, force mains, laterals, manholes, catch basins and inlets, rates and covers, detention and retention facilities, laboratory facilities a%d equipment, and any other publicly owned facilities for the collection, conveyance, treatment and disposal of storm and surface water comprising the total publicly owned storm and surface water system within Agency jurisdiction, to which sanitar_r .sewage flows are not intentionally admitted. S Storm and Surface Water System Development Fee is a charge for construction or other activity that causes or is likely to cause, an increase from the natural state of storm water runoff quantity or pollution, (as defined in ORS 468.700) , or both, to the storm and surface water system. Such fee is for capital improvements associated with such construction or other activity, and may be a reimbursement fee or a fee for improvements to be constructed. Page 3 Section 2. _derating_Procedures and Relationships The Citv agrees to: A. Follow and enforce the orders promulgated by the Agency, and to notify Agency of apparent violations thereof which may require Agency legal action. The Agency, in cooperation with the Cities and the Committee formed in Section 5-C, shall adopt policies, standards, specifications; and performance criteria necessary for the proper and effective operation of the Agency and to comply with State and Federal permits, laws and regulations. B. Refer persons who may require an industrial waste discharge permit to the Agency. City shall not issue any sanitary sewer permit to non-residential customers without verification that the Agency has issued an industrial waste permit, or the Agency has determined that none is required. C. Provide notice to and obtain Agency review and approval of plans and specifications as the Agency may require for any addition, modification or reconstruction (other than repairs) of the publicly-owned sanitary sewerage system prior to undertaking work thereon. D. Provide notice to and obtain Agency review and approval of plans and specifications as the Agency may require prior to allowing any addition or construction (other than repairs) of the publicly-owned storm and surface water system to insure conformance to adopted Agency standards, orders, and master plans. E. Obtain Agency review and approval prior to entering into any agreement for the use of the storm and surface water system or the sanitary sewerage system, other than for issuance of connection permits. F. Inform the Agency in writing not less Llan 30 days prior to initiating or entering into any agreement for the financing or incurring of indebtedness relating to the storm and surface water system or the sanitary sewerage system. City shall not obligate any Agency revenues of the sewer fund or storm and surface water fund, nor shall facilities of the sanitary or storm and surface water system be obligated for any debt. Page 4 G_ Establish in its record a separate account for the storm and surface water prograan and one for the sanitary sewerage program for the purpose of accounting for connection and user fees collected and received by the City pursuant- to this agreement. H. Allow the Agency access at any reasonable time upon reasonable notice to inspect and test storm and surface water facilities and sewerage facilities within the City. I. Grant the Agency permits from time to time as way be necessary for the installation of storm and surface water facilities and sewerage facilities in the public streets and ways of the City without imposing permit issuance fees, provided that the Agency shall adhere to any conditions required pursuant to ORS 451.550(6), J. Take such curative or remedial action as and when necessary to maintain that portion of the publicly-owned sanitary sewerage system under the jurisdiction of the City in accordance with prescribed Agency standards, subject, h� -_ver, to budgetary limitations and to the extent that the City may be lawfully authorized to act. K. Follow and accomplish the work program developed by the Agency for the storm and surface water program for that portion of the publicly-owned storm and surface water system under the jurisdiction of the City as defined in Section 3-A in accordance with prescribed Agency standards, subject, however, to budgetary limitations and to the extent that the City may be lawfully authorized to act. L. To issue no new permit for the construction within, or modification to a wetland, floodway, or floodplain without first receiving the written approval by the Agency to do so. This paragraph shall not apply to permits issued by City pursuant to a current permit under 33 VSC Section 1344(e), (a section 404 general permit), and within the scope of such permit. 2A. To pursue when Cit` deems feasible and appropriate the conversion of storm and surface water facilities from private to public ownership, through the acquisition of easements and other property rights as necessary, for those privately owned storm and surface water facilities which are identified as being necessary or appropriately a part of the public system.. Page 5 I Section 3. Ownershipand Responsibilities A. The City shad be responsible for the installation, construction, operation, maintenance, repair, replacement, and finan..3ng; processing of nor,--industrial and erosion control permit applications; inspection of connections; billing, collection, accounting and recording connection fees, inspection fees, and monthly service charges; within its corporate limits and within the purview of this agreement for the following facilities and functions: I. Sanitary sewer lines and facilities having a diameter of lees than. 24 inches, unless otherwise agreed to by the Agency and City. ?. Storm and surface water facilities within the City, and the portions of the total work program, to be the responsibility of the City are identified and described in the Program Summary and Map, hereby incorporated as Exhibit A. This Program Summary and Map may be modified from time to time by erutual written agreement of the City and Agency. B. The Agency shall be responsible for the installation, construction, operation, maintenance, repair, replacement, and the financing thereof, of all publicly owned storm and surface water facilities, and sanitary sewerage facilities within the City not identified in Section A above. In addition, the Agency shall have exclusive jurisdiction over industrial waste discharges with regard to permits, service fees, billings, collectio.1, requlations and enforcement. Upon receipt of any application for an industrial waste discharge permit within a City territory, the Agency shall so inform City and shall coordinate with any other applicable development or construction permits of City. C. The City previously transferred to Agency certain real and personal property of the sanitary sewerage system. The City hereby transfers, assigns and set over to the Agency all of the City's ownership interests in and to the storm and surface water facilities of the City listed in Exhibit A and described in Section B above, as being the responsibility of the Agency. City further transfers to Agency all easements, rights-of-way and permits held by the City with respect to the foregoing but subject to the terms and provisions thereof, to all of which the Agency shall be bound and conform and shall save, hold harmless and indemnify the City from any failure to conform thereof, to the extent allowed by law. City and Agency shall execute all documents necessary to transfer title to any real property interests by December 31, 1990. Page 6 with respect to all transfers of fee title to real property, each party shall have the right, at its expense, to perform an environmental assessment prior to accepting title to property. Any 'terms and conditions prescribing cleanup of the property shall be subject to negotiation the parties and included in the instrument of transfer of the property. agrees that all of its rL9.ht, title and interest in an_y and ail Eacilities transferred to 1t by City under this subsection,shall revert to City no later than six months after A ncy discontinues operation or use of such facilit and Aa;ec�c+ arc rees to execute any and all documents necessary t:a effect such conveyance. D. The City hereby excepts and reserves to itself all interests in real property not expressly to be transferred by this agreement, including all such property utilized in connection with treatment facilities; provided, however, that the City does hereby grant to the Agency consent for the nonexclusive use of such .lands as may be necessary to enable the Agency to own, operate and maintain such facilities. E. Agency will not establish local assessment dis=tricts within the City, without first obtaining City approval. .Agency will process applications from City pursuant to Section 2-L for Wetland, Floodplain, and Floodway modificatic5ns. Upon review and approval by CSA, and upon request by City, the Agency shall act as a facilitator and liaison for State and Federal review and permit processes. Section 4. Administration, Operation and Maintenance of Sewerage ?a c 111 t l es City and Agency agree that: A. City and Agency agree to divide revenues collected pursuant to this agreement as follows: 1. To remit payments on a monthly basis, with a report on Agency-designated forms. 2. payments shall be due upon 30 days of receipt of the revenue by the billing party, unless the payment has been appealed by the billing party. If the payment has been appealed by the billing party under the dispute resolution process of Section 6, the amount in dispute may be withheld or paid without prejudicc to either party. Page 7 3. The Agency Eonrd ;hall determine and certify annually for the sanitary sewerage program, and for the storm and surface water program, the portion of the monthly service charge, and the portion of the connection charge allocated for each of the following: a. Retirement of revenue bonds b, The portion required for the City system as defined in Section 3-A C. The portion required for the Agency responsibilities 4. City shall remit to the Agency the portion of r sanitary sewer service charges and connection fees collected, and storm and surface water service charges and connection fees collected, as identified in Sections 4-A-3-a and c, and shall retain the service charge and connection fee revenue identified in Section 4-A-3-b. S. City may charge and collect a service charge or - connection fee at a higher rate per DUE and ESU than that set by the Agency when the City determines it is needed for the local City system. The city shall retain 100% of these additional revenues collected. Such additional charge shall be consistent with applicable federal rules in order to preserve eligibility for grants and other funding programs. i 5. For connection fees paid by "Bancroft" financing, the billing party shall remit the portion of each payment collected, including interest on the Bancroft payment, as determined in Section 4-A-3. 7. For permit and inspection fees for private development construction of public storm and surface water facilities and sanitary sewer facilities, and for erosion control permit fees, the City shall remit to the Agency a fee to compensate tiie Agency for its costs for services performed relative to these fees, as prescribed by T_gency Order. S. For Industrial Waste fees, Agency shall remit to City twenty percent (20%) of connection, volume, and monthly .,.arvice charges collected. Agency shall retain one-hundred percent (100%) of the annual permit fee, and any penalty fees, CJD: SS and other fees that may be assessed. Page 8 B. City will institute administrative procedures within a reasonable time to diligently maintain regular billings and collection of fees, adjust complaints thereto, and pursue delinquency follow-ups and take reasonable steps for collection thereof. C. Agency or City may at any reasonable time upon reasonable notice inspect and audit the books and records of the other with 'respect to matters within the purview of this agreement. Additionally, the City and Agency shall prepare and submit to each other a performance report of the storm and surface water functions, and the sanitary sewer functions for which Tach is responsible. The performance report shall be prepared every 6 months, and shall be provided to the other no later than September 1 and Marcia 1 of each year. The performance report, for each function, shall address the performance in those areas necessary for permit compliance. D. The City and the Agency may each need extra help from time to time that might be supplied by the other. In such a case, either City or the Agency in utilizing the services of an employee of the other shall pay the lending government the employee's salary rate plus direct salary overhead currently in effect for the time worked. E. Interest shall accr•se on late payments at a rate of three-quarters of one percent (0.751) per month on the unpaid balance. F. The City and Agency may, each at its own cost, install permanent and temporary volame and quality monitoring stations to determine the effectiveness of City and Agency programs. G. The performance reports from each City will be reviewed by the Committee established in Section 5-C, follo,-;ing the procedure defined in a separate agreement between the Agency and member Cities. Section 5. Other Provisions The City and the Agency further agree that: A. The Agency will not extend sewer service to areas outside the City except with prior apprc,�>al of the City where such areas are included in the Urban Punning ALea Agreement between the City and the appropriate county or counties. Page 9 B- The City and the Aa nc-v will ea._h nht�in ­'rh insurance contracts as necessary to cover the liabilities of the City and the Agency respectively for the risks and liabilities arising from activities and operations under this agreement. Each party hereto shall cause the other to be named as an additional insured on its policy or policies as to the obligations under the terms of this agreement. In the event that either party chooses to be self insured, that party shall maintain and furnish proof- of separately identified and unencumbered reserves for the maximum liability allowed under state law. C. Establish a Committee made up of one representative from Washington County and one representative from each member City within the Agency, which will meet quarterly, or more frequently if needed, to review, advise, and be heard by the Agen^y on the standards, regulations and spe— ci£ications, work programs, capital improvement programs, rates and charges, long range planning, and other matters covered by the Agreements with the member Cities. D. At such time as the Agency shall discontinue operation or use of any facilities on City-owned premises, the Agency shall remove such equipment, facilities or fixtures therefrom within a period of six months after such discontinuance unless otherwise determined by the parties. The Agency shall demolish or remove facilities, the sites thereof shall be left free and clear of all demolition waste and debris. Any environmental clear.-up necessitated by Agency operation shall be the sole responsibility of Agency. In the event of cleanup involving acts of third to jki s, the cleanup costs therefor _shall be- subject to 2. e�otiation by the parties. E. City and Agency shall each be responsible for the negligent or wrongful acts of its officers, employees, agents, and volunteers, while performing work related to this agreement. Each party shall be solely responsible for defense, costs or payments arising from legal challenge alleging improper use by that party of funds derived from this agreement, or otherwise held by that party. Each party shall be responsible for any liability arising out of its ownership of real property and interests therein, activities governed by an NPDES permit or other air or water discharge permit issued by competent authority to that party, and any conduct of that party subject to direct regulation by state or federal authority. Fawn 10 P_ Nothing in this agree,-„eni: shall be construed as a limitation upon or delegation of the statutory and home rule powers of the City, nor as a delegation or limitation of the statutory powers of the Agency. This Agreement shall riott limit any right or remedy available to City or Agency against third parties arising from illegal acts of such third parties. G. Where this Agreement calls for review or approval of a fee or charge, Agency shall perform such review in a � timely manner, shall not unreasonably withhold approval, and shall provide its decision to the City in writing. If, within 30 days of written request by City for approval by Agency, the Agency has failed to provide a written response, the request shall be deemed approved. _ Section S Dispute Resolution; Remedies A. In the event of a dispute between the parties regarding their respective rights and obligations pursuant to this Agreement, the parties shall first attempt to resolve the dispute by negotiation. If a dispute is not resolved by negotiation, the exclusive dispute resolution process to be utilized by the parties shall be as follows: 1. Step 1. Upon failure of those individuals designated by :each party to negotiate on its behalf to r-each an agreement or resolve a dispute, the nature of the dispute shall be rendered to writing and shall be presented to the City's Chief Executive Officer and Agency General Manager, who shall meet and att;cmpt to resolve the k issue. If the issue in the dispute is resolved at this Lt' p, there shall be a written determination of such resolution, signed Ly the City's Chief Executive Officer and Agency General Manager, which determination shall be binding on the parties. Resolution of an issue at this step requires concurrence of both parties' representatives. 2. Step 2. In the event a dispute cannot be resolved at Step 1, the matters remaining in dispute after Stet. 1 shale be reduced to writing and forwarded to the Mayor and the Chairman of the Board of Directors. Upon receipt of the written issue statement, the Mayor and Chairman shall meet and attempt to resolve the issue. If the issue is resolved at this step, a written determination of such resolution shall be signed by the Mayor and Chairman. Resolution of an issue at this step requires concurrence of both the Mayor and the Chairman. Pane 3.1 3 Sty 3 In the en e e cannot be resolved at _ St,ii Step 2, the parties shallsubmitthe matter to mediation. The parties shall attempt to agree on a mediator. In the event they cannot agree, the parties shall request a list of five (5) mediators from the American Arbitration Association, or such other entity or firm providing mediation services to which the parties may further agree. Unless the parties can mutually agree to a mediator from the list provided, each party shall strike a' name in turn, until only one name remains. The order of striking names shall be J1 determined by lot. Any common costs of mediation shall be borne equally by the parties, who shall each bear their own costs and fees therefor. If the issue is resolved at this step, a written determination of such resolution shall be signed by both parties. Resolution of an issue at this step requires concurrence of by both parties. In the event a dispute is not resolved by mediation, the aggrieved party may pursue any remedy available to it under applicable law. B. Neither party may bring a legal action against the other party to interpret or enforce any term of this Agreement in any court unless the party has first attempted to resolve the matter by means of the dispute resolution of subsection A above. This shall not apply to disputes arising from a cause other than interpretation o; enforcement of this Agreement. Section 7 Effect of this Agreement This Agreement shall supersede all prior agreements and amendments between the parties with respect to sanitary sewerage and service, storm and surface water management; provided that, except as e:<pressly modified herein, all rights, liabilities, and obligations of such prior agreements shall continue. This agreement shall be effective upon its execution by both parties hereto, and shall continue in effect for0 ears from and after the date hereof- This agreement may be modi�rred-only by written amendment. Section 8 Severability In the event a court of competent jurisdiction shall deem any portion or part of this Agreement to be unlawful or invalid, only that portion or part of the Agreement shall be considered unenforceable. The remainder of this Agreement shall continue to be valid. Page 12 1 INWITNESS WHEREOF s izitrument has been executed in duplicate by authority of lawful actions by the City Council and Agency Board of Directors. UNIFIED SEWER-AGE AGENCY CITY OF �� 4 _; _r �, OREGON OF WASHINGTON COUNTY, OREGON By By ��%% ;C airinan, Board of Directors Mayor Attest: /lL �e.zl-u Approved as to Form: - y Recorder Attorney for Agency �i4�y Attorney Page 13 AGREEMENT II� THIS AGREEMENT is madeand entered into as of thec�� day of j 1990, between the Cities of Beaverton, Cornelius, ¢rest Grove, Hillsboro, North Plains, Sherwood, Tigard, and Tualatin, all municipal corporations of the State of Oregon, hereinafter referred to as "Cities," and the Unified Sewerage Agency of Washington County, a municipal corpotation and county service district, hereinafter referred to as the "Agency." WHEREAS, the Agency provides sanitary sewerage and storm and surface water management, and Cities are within the Agency; and WHEREAS, City and Agency have the authority to enter into contracts under ORS 451.560 and ORS Chapter 190; and WHEREAS, Agency has entered into agreements with each of the Cities within its boundary which specify the duties and responsibilities of each party; and WHEREAS, Agency and Cities desire to establish a process to review matters of cormnon concern to the parties, including but not limited to the performance of each City and the Agency relative to the requirements of the agreements, matters addressed in Section 5-A-5 of the agreements , by means of a review Committee made up of representatives of each City. NOW, THEREFORE, in consideration of the covenants and agreements to be kept and performed by the parties- hereto, it is agreed as follows: f Section 1. City committee A. The parties hereby establish a Committee made up of one representative from each City within the Agency that is a party to this Agreement. The Committee shall meet quarterly, or more frequently if needed. It shall have authority to review and advise the Agency on the stanaArdsr regulations and specifications, *cork programs, capital improvement programs, rates and charges, long range planning, and other matters covered by the Agreements for Sanitary Sewer and Storm and Surface Water Management (Operating Agreements) with the member Cities. B. The Committee shall also have the authority to review the performance of the Cities as to the work programs and standards of the Operating Agreements, Each City hereby agrees to be bound by the decisions of the Committee, subject to the procedures of Section 2. C. The agency shall staff the Committee and provide written notice to each City no less than lA days prior to each meeting. A quorum shall be necessary to transact business, and vote of a majority✓ of the members present is required to act on any matter. All meetings of the Committee shall be open to the public. Section 2. Procedures A. Each City shall prepare and submit to the Agency September I and March 1 of each year a performance report of the storm and surface water functions, and the sanitary sewer functions for which the City is responsible under the Operating Agreement. The performance report, for each function, shall address the performance in those areas identified by the Agency as related to NPDES and other permit compliance. B. The performance reports from each City will be reviewed by the Committee. If the Committee determines that a City is not meeting the standards, regulations, or work programs adopted by the Agency, then the affected City shall be notified in writing of the deficiencies. The City shall have 60 days to develop and submit to the Agency a plan and schedule to bring the City into compliance with applicable standards. At the next semi-annual review, the Committee will determine whether or not the City is in compliance. C. If, within 180 days of the Notice of Deficiency, the Committee determines the City has not remedied the identified deficiencies, written notice thereof shall be sent to the Mayor and City Manager. The City shall have 60 days to develop and submit to the Agency a revised plan and schedule to bring the City into compliance. At the neat semi-annual review, the Committee will determine whether or not the City is in compliance. D. If, within 180 days of the second Notice of Deficiency, the Committee determines the City has not remedied the identified deficiencies. the A-gency shall assume the responsibility for any portion of the program the Agency determines is necessary to bring the City into compliance. The Agency shall make appropriate adjustments to the division of revenue to reflect the change in responsibility. A decision to transfer program responsibility under this section shall constitute an amendment to the Agreement bstween the Agency and that City. Page 2 E. The Committee, upon making a finding that a City is out of compliance to the extent that immediate action is necessary, may accelerate the process of Sections 2-13, C, and D. F'. In the event the Agency assumes all or a portion of the responsibilities of the City, the Agency shall at a later date, after receiving appropriate evidence that the City is or will be able to remain in compliance, negotiate with the City to return the program responsibilities to the City. The Agency may require payment of funds to reimburse the Agency for system improvements made to bring the City into compliance. G. Nothing in this agreement shall be construed as a limitation upon or delegation of the statutory and home rule powers of the City, nor as a delegation or limitation of the statutory powers of the Agency. Section 3. Dispute Resolution; Remedies In the event a dispute under this Agreement is not resolved by negotiation the aggrieved party may pursue any remedy available to it under applicable law. Section 4. Effect of this A regiment This agreement shall be effective upon its execution by all parties hereto, and shall continue in effect for a term of thirty (30) years from and after the date hereof. This agreement may be modified only by written amendment of all the parties. This agreement shall continue upon the legal reorganization or consolidation of any party. Section 5. Severability In tt-e event a court of competent Jurisdiction shall deem any portion or Cart of this Agreement to be unlawful or invalid, only that portion or part of the Agreement shall be considered unenforceable. The remainder of this Agreement shall continue to be valid. ragc 3 IN WITNESS WHEREOF, this instrument has been executed in duplicate by authority of lawful actions by the City Councils and Agency Board of Directors. UNIFIED SEWERAGE AGENCY CITY OF BEAVERTON, OREGON OF WASHINGTON COUNTY, OREGON By By Charman, -Board of—Direcfo— Mayor Attest: Approved as to Form: City Ke oider Attorney for Agency City—A t—t-,5r Fne y CITY OF CORNELIUS, OREGON CITY OF FOREST GROVE, OREGON �v By Mayor Rayor Attest: Attest: City Recorder City Recorder City Attorney City Attorney CITY OF HILLSBORO, OREGON CITY OF NORTH PLAINS, OREGON By By Mayor Mayor Attest: Attest: City Recorder City Recorder ty Attorney City Attorney Page 4 _iTY OF SHERWOOD, OREGON CITY OF TI , QREGON By By Mayor May t Attest: Attest: City Recorder City Recorder City Attorney y Attoriy y CITY OF TUALATIN, OREGON By Mayor "ttest: meaty Rac-o mer City Attorney pa e- 5 EXHIBIT A PROGRAM SM04ARY The City shall be responsible for all storm and surface water facilities within the corporate limits of the City except for those specifically identified on the attached mals as Proposed USA Ma£ntaxmncx Arraau. The US,% Maintenance Areas Include the floodplain and wetlands associated with the drainage courses shaded In blue on the attached map. The City retains ownership and maintenances responsibility for all public park facilities and public pathways within the USA MaintenaLnces Areas. City responsibility for street sweeping and catch basin cleaning excludes roadways under the jurisdiction of Washington County and the ¢regon State Highway Division. The City in not responsible for maintenances of storm drainage facilities within the rights of way of State highways, except as provided in agreements between the State Highway Div£si.on and the City. ---- - Zed�.----- Db25 90 ESN ofl q Mo ► Ittl!t,l. 1.It I�� , W LL I)1 tll LII III 1 1 1 m 111 1 F ill t T I 1 -"d f 1 1 1 I P I 1v!_' 1 I I ._I__i__ 1 1.1_ITl7T� rr In�.:.� 1TL_IIP _I i ITT i I . LII 111 111 IU Ili r11 ri1 11� f11 Tl.iil1 Ilf 11t X11 111 '11 NOTE: -IF THIS MICROFILMED=.;.0-: - .:'. 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