Resolution No. 93-64 CITY OF TIGARD, OREGON
_ RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL, CITY OF TIGARD, OREGON, APPROVING
THE INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF TIGARD AND THE
TIGARD WATER DISTRICT, AUTHORIZING THE MAYOR TO SIGN THE AGREEMENT,
AND APPOINTING THE -— MMMER AND ALTERNATE TO THE
INTERGOVERNMENTAL WATER BOARD CREATED UNDER SECTION 3 OF THE
lGREEMENT. crTY°5 p�
CScr:veMrJtY Ql'/V�'- G Wh..¢uf(ay, l�,0/4�(�
BE IT RESOLVED BY THE CITY COUNCIL OF TIGARD THAT:
SECTION 1: The Intergovernmental Agreement for water services
between the City and Tigard Water District,
attached hereto as Exhibit A, is approved. The
Mayor is hereby authorized and directed to execute
the Agreement.
SECTION 2: The City Recorder is authorized to do all things
necessary to secure signatures from the Tigard
Water District and to deliver a copy of the signed
Agreement to the City of King City and the City of
Durham.
SECTION 3: h v-) �C klt'oaf-ks is designated as
the City's member on the Intergovernmental Water
B and created under Section 3 of the Agreement.
�T"L "i "'V is designated as
the City's alternate member on the
Intergovernmental water Board.
PASSED: By L.L t`\CLn11 muILUD vote of all Council members
present after being read by number and title only,
this day of �`�Cc it L' , 1993.Cath/y�Wheatley, City Reporder
APPROVED: This day93
Gerald R. Edtiihi ds, Mayor
Approved as to fozM:
y
C y Atto Y
Date:
ach\dSaxd\jwa\SgatBctwd.'es
1 BRUNEI:
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BXfUBrr A
C)R" N A L
/ SNTEPC^:1ETd4ME_N rp.r. AGREEMENT
tt8aw��: inn: ::iT': �r :._-^_-aro, rsvn R-2�
TIGARD WATER D2.STRICT FOR vim'cG
DELIVERY OF WATER SER<'ICE TO TERRITORY wd6,A
WITHIN THE DISTRICT BOUNDARIES C¢vtkre_t �acyfd5
This Agreement is made and entered into by the City of Tigard, G �Y
an Oregon municipal corporation, (hereinafter "Tigard") and the e>;
Tigard Water District, a domestic water supply district existing
under ORS Ch. 264, (hereinafter "District"). Tigard and District
are jointly referred to herein as "the Parties." Unless
ident-ified as "original," District refers to the remnant district.
RECITALS:
1. The cities of Tigard, king City and Durham (collectively
the "Cities") withdrew from the original District effective July
1, 1993.
2. pursuant to ORS 222.540, the District is obligated to
turn over to the Cities its water mains, service installations,
structures, facilities, improvemente
s and other property in the area
withdrawn from the District as it existed on June 30, 1993,
(original District) that are not necessary for the operation of the
remainder of the water supply system of the District_
3. The area withdrawn by Tigard was a major portion of the
original District. Because of this, Tigard is entitled to a major
portion of the original District's infrastructure pursuant to ORS
222.540. King City and Durham are entitled to smaller portions of
the Original District's infrastructure. Furthermore pursuant to
ORS 222.550, should the District dissolve, Tigard will be in a
position to obtain all of the District's remaining assets which
have not been distributed under ORS 222.540.
4. With the assets and infrastructure obtained by its
withdrawal from the original District, Tigard is creating a city
water department.
5. The Cities and District agree that it is in their best
interest if King City, Durham -arid ;, � District were to be an
integrated part of a water supply network receiving water service
from Tigard°s city water departmerat_ Tigard will receive revenue
from water users in Tigard, King City, Durham, and the District,
and with that revenue Tigard will provide the funds to pay for
er_venses incurred in providing water service.
6. The Cities and District agree that it is in their best
interest to share authority for decision-making regarding the long-
term water supply and capital improvement planning to serve
present and future water customers of the original District.
IR'TERGOVERNMENTAL AGREEMENT
TIGARD/WATER DISTRICT - 1 (12/23/93 - FINAL)
i
111g,g
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�- '- The Pay--ties Shall continue to prepaave independent tax
coox7dination plans_
8. Tigard and the District acknowledge that they have
authority to enter into this Intergovernmental Agreement pursuant
to the powers contained in Tigard°s Charter, ORS 264.210 and ORS
190.010.
NOW, THEREFORE, the premises being in general as stated in
the foregoing recitals, it is agreed by and between the Parties
hereto as follows: j
1. Mission Statement.
The Cities withdrew from the original District with intent to
take a more active role in plannia3 and operating a domestic water
supply system for the southeast Washington County area in order to
provide the residents of that area with the highest quality water
service at the lowest possible cost. in keeping with that
intention, the Parties to this Intergovernmental Agreement com=lt
to working together to provide all of the residents and undeveloped
property in the original District with a clean, economical water
supply. The Parties further commit to working together and with
other agencies and jurisdictions in a cooperative effort to plan
for the future long term water supply needs of the area. _
2- TerM.
This Agreement will be in full force and effect until Decem kw-r
31, 2018, unless sooner terminated by one or both of the Parties.
Either party may terminate this Agreement by providing written
notice to the other party a minimum of ten years prior to the
effective date of termination. Tigard recognizes that by this
Agreement, it is assuming the responsibility to provide water to
the inhabitants of the District for the duration of this Agreement
unless a reasonable alternative domestic water supply is available
to the District and the Agreement is terminated_
3. Intergovernmental Water Board. t
A. Tigard will establish an Intergovernmental Water Board
(ITB) . The Intergovernmental Water Board wi.7.1 consist of five
members. Members of the Board will be appointed by the respective
governing bodies as follows:
INTERGOVERNMENTAL AGREEMENT
TIGARD/WATER DISTRICT - 2 (12/23/93 - FINAL)
raw -
IF
i
i
i
Tigard - One Member
u;,na City - One Member
Durham - One Member
District/Unincorporated Area - One Member
At Large - One Member selected by a majority vote of the
Other Members
B. Intergovernmental Water Board Terms.
(1) Initially, three Board members shall be appointed for a
term of three years (from January 1, 1994 to December
31, 1996) and two Board members shall be appointed for
a term of two years (from January 1, 1994 to December
31, 1995). There shall be a drawing of lots to determine
which Board members will serve two years and which will
serve three years. Thereafter, Board members shall. have
two year terms.
(2) Board members shall be appointed in December for the
following two year term. Each term will begin on January
1. Each term will end on December 31 and each Board
member shall serve until a successor has been appointed.
Members may be re-appointed to succeeding terms.
Vacanc-es may be filled in the same manner as a regular
(- appointment.
(3) Board members shall be an elected official serving on
the respective governing body except for that member
selected by a majority vote of the other members. Each
respective governing body may appoint an alternate to
attend meetings in the place of a regularly appointed
Board member. The alternate shall be appointed in the
same manner and must meet the same qualifications as the
regularly appointed Board member.
C. Tigard may appoint city officials as ex officio members
of the Intergovernmental Water Board to assist the Board in its
duties. They shall serve at the pleasure of the Tigard City
Council and shall have no voting privileges-
D. A g-aorum of the Board shall be three (3) members. All
actions of the Board shall require at least three (3) votes,
excluding abstentions.
E. The Intergovernmental Water Board will make
recommendations to the Tigard City Council on water service Issues
and will have the following responsibilities:
(1) to make a continuing study of the rate structure of the
water system.
INTERGOVERNMENTAL AGREEMENT
TIGARD/WATER DISTRICT - 3 (12/23/93 - FINAL)
{ (2) to consider and prepare plaais for and maim
-p,snme,±o.+!9a?-_= ; ,,..- -�„�,s,�:ii i:or .. long-range operation
and management program.
(3) to investigate and study means of effecting economies in
operation and management.
(4) to review and make recommendations to the Budget
Committee and Council on all budget requests for
operation and maintenance.
(5) to study and consider ways and means of improving the
water system and services which it provides.
(6) to study and make recommendations on Tigard Is program for
providing insurance for system assets and operations.
(7) to make a continuing review of any and all rules and
regulations regarding the water system which may be
adopted by the Council and periodically to make
recommendations to the Council for additions or
amendments of such rules and regulations.
(8) to work with other agencies and jurisdictions in a
cooperative effort to plan for the future water supply
( needs of the area.
(9) to make recommendations to the Council relative to all
of the above-mentioned matters and as to any other
matters which the Intergovernmental Water Board may feel
to be for the good of the water system, the: overall
public interest and for the benefit of the consumer.
F. Power to Grant Variances
(1) Except when prohibited by subsection 2 of this section,
upon application, the Intergovernmental Water Board may
grant variances from the water system rules and
regulations enacted by the City of Tigard when it finds
that: a) strict application of the rules and regulations
create undue economic hardship for the applicant with no
significant benefit to the water system; b) the variance
requested has no material adverse effect upon the water
system and it is consistent with established policies of
the Tigard City Council_
(2) The Intergovernmental Water Board may not grant variances
relating to annexation of property, fire protection
requirements, cross-connection requirements, fees, rates
( and charges_
c INTERGOVERNMENTAL AGREEMENT
TIGARD/WATER DISTRICT - 4 (12/23/93 - FINAL)
4. Division of Original District Assets.
c aii6uoTi:. '- viii �. Yv�•e) , lige 1.%L.7 b11t:4 ay rzc6 ih-- i.iac
division of assets after withdrawal from the original District by
the Cities shall be consistent with the following concepts:
(1) Assets include real, personal and intangible property.
"Intangible property" includes but is not limited to: moneys,
checks, drafts, deposits, interest, dividends and income.
(2) Assets will be divided into two groups:
a. System Assets: Assets necessary for the operation
of Ti.gard's water supply system throughout the original
District, not including those "other assets" of Tigard.
Personal and intangible property are system assets.
Water mains, service installations, structures,
facilities, improvements or other property necessary for
operation_ of the City of Tigard's water supply system
throughout the original District are system assets.
b. Other Assets: Assets not necessary for the
operation of the City of Tigard's water supply system
throughout the original District. Other, assets shall
become the property of the jurisdiction in which the
asset is located. Water mains, service installations,
structures, facilities, improvements or other property
not necessary for the operation of the City of Tigard's
water supply system throughout the original District are
other assets. "
B. All system assets and other assets shall be pledged by
the Cities and the District to Tigard. All system assets and other
assets shall be managed by Tigard and shall be utilized by Tigard
in order to provide water services to properties, residences and
businesses in the original District.
C. Should one of the Cities or the District terminate its
water service agreement with Tigard, the Cities' and the District's
proportionate interest in a system asset shall be determined based
upon the following formula:
Jurisdiction's Proportionate Interest = (A + B + C)/3
A = Jurisdiction's Percentage of Current Consumption in
original District
B = Jurisdiction's Percentage of Current Real Market
Value in original District
INTERGOVERNMENTAL AGREEMENT
TIGARD/WATER DISTRICT - 5 (12/23/93 - FINAL)
-
- C = lurlsdiction Is Percentage of Current Meters in
The Cities' and the District's proportionate interest in
a system asset capital improvement shall be based upon the capital
improvement's depreciated value. The depreciated value shall be
based upon the useful life of the capital improvement under
generally accepted accounting principles using a straight line
method of depreciation.
D. Upon termination of this Agreement, other assets shall
become the property of the jurisdiction in whicki the asset is
located.
5. Asset ownership/Water Rates/Revenues.
A. Tigard's Utilization of Assets.
(1) The Parties agree that all system assets in which the
Parties have an undetermined proportionate 1raterest and all
other assets received as a result of the division of assets
after withdrawal from the original District by the Cities
shall be utilized by Tigard in order to provide water services
to properties, residences and businesses in the original
District. The District's ownership interest in the assets
shall remain though the assets are being utilized by Tigard,
unless and until transferred to Tigard by agreement or
operation of law. Tigard will maintain and insure the real
and personal property assets it utilizes. The Parties agree
to execute all documents necessary to allow utilization of the
assets by Tigard.
(2) Tigard agrees that it will maintain, preserve and keep
the assets it utilizes in good repair and working order.
Tigard may appropriate from the water fund all moneys
necessary to meet this obligation.
(3) Tigard shall keep the assets free of al 2 levies, liens
and encumbrances except those created by this Agreement or
consented to by the governing body of the District in writing.
The Parties to this Agreement contemplate that the assets will
be used for a governmental or proprietary puirpose by Tigard
and, therefore, that the assets will be exempt from all
property taxes. Nevertheless, if the use, possession or
acquisition of the assets are determined to be subject to
taxation, Tigard shall pay when due all taxes and governmental
charges lawfully assessed or levied against or with respect
to the assets_ Tigard shall pay all gas, water, steam,
electricity, heat, power, telephone, utility and other charges
incurred in the operation, maintenance, use, occupancy and
upkeep of the assets. Where there is shared use of the
INTERGOVERNMENTAL AGREEMENT
TIGARD/WATER DISTRICT- 6 (12/23/93 - FINAL)
assets, these costs will be shared in an equitable manner.
(4) Tigard shall maintain (i) casualty insurance insuring the
assets against loss or damage by fire and all other risks
covered by the standard extended coverage endorsement then in
use in the State of Oregon and any other risks reasonably
required by District in an amount equal to at least the
replacement value of the assets and, (ii) liability insurance
that protects District, including its officers and
commissioners, from liability arising from Tigard's operation
of the water supply system in an amount satisfactory to
District and (iii) worker's compensation insurance covering
all employees working on, in, near or about the assets as
required under the laws of the State of bregon. Tigard shall
furnish to District, certificates evidencing such coverage.
All such insurance shall be with insurers that are authorized
to issue such insurance in the State of Oregon. shall name
District as additional insured and shall contain a provision
to the effect that such insurance shall not be canceled or
modified materially and adversely to the interest of District
without f irst giving written notice thereof to District at
least ten (10) days in advance of such cancellation or
modification. All such casualty insurance shall contain a
provision making any losses payable to Tigard and District as
their respective interests may appear. Tigard may meet any
of these requirements through a self-insurance program. Such
{ insurance requirements may be waived in writing by the
governing body of the District.
(5) To the extent permitted by law, Tigard shall indemnify,
protect, hold harmless, save and keep harmless District from
and against any and all liability, obligation, loss, claim and
damage whatsoever, regardless of cause thereof, and all
expenses in connection therewith, including, without
limitation, counsel fees and expenses, penalties and interest
arising out of or as the result of the entering into of this
Agreement, the ownership of any asset or any accident in
connection with the operation, use, condition, possession,
storage or, return of any asset resulting in damage to property
or injury to or death to any person; provided, however, that
Tigard shall not be deemed to be indemnifying District for
claims arising from its own conduct. The indemnification
arising under this paragraph shall continue in full force and
effect notwithstanding the termination of this Agreement for
any reason.
B. The fees, rates and charges charged by Tigard for
providing water services to properties, residences and businesses
in District shall be the same as those charged within Tigard.
Notwithstanding the foregoing, Tigard may impose higher fees, rates
and charges for providing water service to properties, residences
INTERGOVERNN11ENTAL AGREEMENT
TIGARD/WATER DISTRICT - 7 (12/23/93 - FINAL)
ISM W
No=
and businesses when the cost of provld i ncs such sar : �-p in ,,__+
-r. unaasual circumstances, including, but not limited to
additional cost to pump water up hill to reach customers. Any
higher fees, rates and charges imposed for providing water service
shall be reviewed by the Intergovernmental Water Board prior to
taking effect and shall be limited to covering the actual
additional costs of providing such service. When higher fees,
rates and charges are imposed, they shall be consistently applied
in both Tigard and the remainder of the original District, except
that at the request of the District, Tigard will collect on behalf
of the District additional charges imposed by the District on
District customers.
C. Moneys/Revenuers_ -
(1) Moneys and -revenues for system capital improvement shall
be held by Tigard in a fund dedicated solely for this
purpose.
(2) Moneys transferred to Tigard as a result of the division
of assets after withdrawal from the original District by
Tigard which were previously dedicated by the District
to system capital improvement shall be used solely for
system capital improvement by Tigard in accordance with
subsection S.D.
(3) Moneys deposited in a reserve fund for revenue bonds of
the water system are not a system asset and are not
subject to the system asset distribution formula in
Section 4 of this Agreement.
i
(4) The Parties agree to develop a methodology for system
development charges and to impose and collect such
charges in their respective jurisdictions. If any of
the Cities or District fail to impose system development
charges as contemplated herein, then the other parties
may elect to terminate collecting system development
charges within their jurisdictions. The Parties agree
that Tigard should collect the system development charge,;
imposed by the District until such time as Tigard imposes
its own charge.
D. Capital Improvements.
(1) (a) Capital projects shall be implemented an accord with
a long-range capital improvement program supported by
sound engineering analysis, in the best interests of
crater customers within the original District, ignoring
// city boundaries.
Sy INTERGOVh'�LNMENTAL AGREEMENT
TIGARD/WATER DISTRICT - 8 (12/23/93 - FINAL)
(b) The capital improvement program must be approved by p
the. vovernina_ beading nF _ ,_F
jurisdictions holding an ownership interest in the water_
system. A governing body may not unreasonably withhold
consent if the program is supported by sound engineering
analysis, is in the best interests of water customers
within the original Diz..;trict and consistent with the goal
of working together to provide all of the residents and
property in the original District with a clean,
economical water supply. If a proposed capital
improvement program is not approved as provided for in
this subsection, then--the governing bodies of any two
jurisdictions may request mediation under the provisions
of ORS Chapter* 36 to determine if approval of the program
has been unreasonably withheld.
(c) Tigard shall prepare and deliver to the District a
proposed Capital Improvement Plan no later than June 30,
1994 for consideration by the Cities and the District.
The District•s Capital Improvement Plan dated June, 1993,
will guide Tigard's spending on capital projects until
a capital improvement program is adopted pursuant to
subsection (b) .
-` (2) The capital improvement program shall establish the
location of a capital improvement whether within Tigard,
King City, Durham or the District and shall distinguish
whether a capital improvement qualifies as a system asset
or other asset.
(3) Capital improvements made subsequent to entering into
this Agreement that are determined to be other assets
shall become the property of the jurisdiction in which
the improvement is located_ For capital improvements
made subsequent to entering into this Agreement that are
determined to be system assets, the Cities and the
District each shall have a proportionate interest in such
"system asset" capital improvement's depreciated value.
The depreciated value shall be based upon the useful life
of the Capital improvement under generally accepted
accounting principles using a straight line method of
depreciation. The Cities' and the District's
proportionate interest in such "system asset" capital
improvement's depreciated value shall be determined based
upon the formula in Section 4.D. of this Agreement.
(4) Should one of the Cities or the District terminate its
water service agreement with Tigard, such jurisdiction
shall have rights to the use of all system assets equal
to its Jurisdiction's Proportionate Interest as
INTERGOVERNMENTAL AGREEMENT
TIGARD/WATER DISTRICT - 9 (12/23/93 - FINAL)
ro
determined above. Tigard shall be provided reasonable
compensation for any use of its water system necessary
for the continued reasonable use of a system asset by a
i`�_': — i.itc a u%— is not essential to the -
operation of such juriudiction's water system, Tigard may
terminate such jurisdiction's rights in the system asset
capital improvement by payment of a s:um equal to the
Jurisdiction's Proportionate Interest in the depreciated
value of such system asset.
(5) The Parties acknowledge that the water system currently
serving the original District is an integrated system.
To the extent that either Party should terminate this
Agreement, the Parties agree to cooperate with each other
and to enter into such agreements necessary for the
continued reasonable operation of the resulting water
systems.
E. Long-term water supply contracts shall be entered into
in accord with the best interests of water customers within the
original District, ignoring city boundaries. Long-term water
supply contracts must be approved by the governing bodies of one
less than the number of jurisdictions holding an ownership interest
in the water system. A governing body may not unreasonably withhold
consent to a contract if the contract C is supported by sound
t
engineering analysis, is in the besinterets of water customers within the original District and consistesnt with the goal of
working together to provide all of the residents and property in
the original District with a clean, ecr-,nomical water supply. If
a proposed long-term water supply contract is not approved as
Provided for in this subsection, then the governing bodies of any
two jurisdictions may request mediation under the provisions of ORS
Chapter 36 to determine if approval of the contract has been
unreasonably withheld.
F. The District shall receive an annual rebate equal to it-
Of the previous year's water sale revenue within the District for
District expenses. In addition, Tigard, at the District's request,
will appropriate and deliver an amount not to exceed $40,00o from
Tigard's initial (1/94 to 6/94) water fund budget for District
operating expenses for the period from January 1, 1994 through June
30, 1995. Tigard will reimburse the District from water system
revenues the cost of the District's Division of Assets study
undertaken to fulfill the District's obligations pursuant to ORS
222.540.
G. Accounting
(1) Water activities will be accounted for in the same manner
as other enterprise activities currently under the
jurisdiction of Tigard_ Expenditures directly linked to
INTERGOVERNMENTAL AGREEMENT
TIGARD/WATER DISTRICT - 10 (12/23/93 - FINAL)
NMI IOWN
water activities will be recorded in the water fund.
Applicable indirect charges will be apportioned to the
water fund in the same manner as such charges are
anter-prime funds co properiy reflect
the costs associated with each activity. Tigard shall
use generally accepted accounting principles applicable
to utility enterprises for the recording and identifying
of all revenues and expenditures made for the water
system. The Intergovernmental Water Board shall review
such allocation and methodology.
(2) The accounting method used by Tigard shall, to the extent
possible, document the use of assets by Tigard mor non-
water system activities. Use of assets by Tigard for
non-water activities shall be funded from resources other
than the water fund.
H. The Parties to this Agreement shall not have the right
to transfer ownership of or remove system assets or any interest
therein received or kept as a result of the Cities' withdrawal from
the original District or any interest in system assets acquired
during the term of this Agreement without written consent of the
other Party. Neither the benefits received by the District nor the
obligations incurred under the terms of this Agreement are
assignable or- in any manner transferrable by the District without
the written consent of the City.
r
I. No part of this Agreement shall be interpreted as a
waiver of either Party's statutory rights upon annexation of
territory.
6. Indebtedness.
i
A. Each of the Parties shall be liable for their respective
share of the debt, if any, acquired or retained as a result of the
Cities' withdrawal from the original District.
B. Tigard may incur, without the consent of the District,
debt relating to the water supply system, provided payment of the
debt is -Pae, rate or charge based. If the debt is to be paid for
by means other than fees, rates or charges, Tigard must have
approval and consent of the governing body of the District in
writing prior to incurring such debt. The District shall be liable
for its proportionate share of any debt for which it has given its
written approval and consent.
C. Tigard is authorized to perform the function and activity
of incurring water revenue bond indebtedness for the water system
by authorizing the issuance of water revenue bonds pursuant to ORS
288.805 to 288.945, as amended, for the financing of water system
capital improvements. Such debt may be secured by a pledge of
INTERGOVER+IMENTAL AGREEMENT
TIG-ARD/WATER DISTRICT - 11 (12/23/93 - FINAL)
s
{ water system revenues, appropriate rate covenants, anrtgaging
of water system assets. Ti" La d mo
_ _
andVDistrictus governiecebodiesthe written const og ester system
the cities
D. If this Agreement is terminated by either party, and
indebtedness remains under Section 6.A. or has beEn incurred and
approved by the District in manner described in Section 6.8.,
District shall either:
Pay in full, within 60 days of the
of effective date
tgrmi,�`tiCn
indebtedness; or ;Ls Proportionate share of the
2• Pay annually its Proportionate share of the
indebtedness as payment is due.
7• Services Provided By Tigard.
A. Tigard will provide water to properties and customers in
all jurisdictions equally. If circumstances re ire
restrictions, each jurisdiction shall share equally. Th water
may not sell water provided through this Agreement y� The District
Without the prior written consent of Tigad• to a third party
/
B. Tigard will provide equally and in a manner consistent
y with the terms of this Agreement all services required for delivery
Of potable domestic water to properties and customers within the
cities of King City and Durham as well as the territory of the
District, including but
maintenance, water not limited to system repair and
° upgrades, and billing distribution, new installations
Provide such g functions. Tigard is under no obl3gationsystto
services to areas annexed to t.'ze District
subsequent to this p,
greemant.
C. District agrees that Tigard is empowered to use any right
Of condemnation possessed by the District that is necessary to
Provide water services
and will take consistent with the terms of this Agreement,
est of Tigardion . for Tigard
right on the requto exercise that
D. To the extent that such agreements or contracts
transferrable, the District agrees to take the
transfer its water supplyare
Portland and agreements or contractswithaction to
facilitate thethe City Of bake Oswego to the City of
terms of this provision of vier sem rices consistent !with order
theAgreement_
'NTERGOVERNMENTAL AGREEMENT
TIGARD/WATER DISTRICT - 12 (12/23/93 - FILdALj
_ mt,c. District may use the former Tigard Water District
_y t h f o riot Board and for receipt
office building for meetings _ -�"-
of the Board's correspondence- To the extent that jitheoDistrict
suse of - i ding.
other govercompensatetitie
Tigardf ar reasonable amount for use of the
agrees to
building. re aration of
of meeting
F. Tigard agrees to assist the District in Pana other
budgets, organization and noticing
administrative duties at the request of the District. The District
agrees to compensate Tigard a reasonable amount - for such
assistance.
g. Rules and Regulations. Water Service
p,_ The Rule�R-tas and Reaul�h�Board of Commissioners
Handbook, (November, 199_ ) • adopted by
Tigard Water District is attached hereto as Exhibit "A" and shall
be deemed a part of this Agreement.
The Tigard City Council may modify, alter or repeal the
B. The in Exhibit "A." Rules and regulations
rules, rates and reg altered or repealed only after the
will be modified,ied, ortunity to study the
Intergovernmental Water Board has had the governmental Water Board
proposed rules.and regulations. The Interg and all rules and
is empowered to make awe water system which m review Of y be adopted by the
for
regulations regarding
Council and periodically to make recommendations to the Council parties
regulations currently in effect
additions or amendments of such rules and regulations. The Parties
agree to comply with the rules and
and as hereafter adopted by the Tigard City Council, and water
service to the District shall be governed thereby.
9. Extension o£ Service-
teir
p. Extension or modification writttEntapproval ofsDistrictl.
system shall be done.only with p
Furthermore, Tigard will not make anyextensions
Urban
i Growth Boundary
connections within King City's or Durham s Urban
without permission from the King City or Durham City Council.
B. For the unincorporated area within the Dists hce u is the
governing body of the District which, subject to the rales and
regulations specified in Section 8, has the authority to allow
connections to the water supply system.
trict
not be
C. Residents located ass elated with hin thesefforts hof lthe City
responsible for any exp
of Tigard to withdraw from the Tualatin Valley
ai-lve y Water �City trict to
reach the goal of having a single water p
INTERGOVERNMENTAL AGREEMENT
TIGAD/WATER DISTRICT - 13 (12/23j93 - FINAL)
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10. t•-mnln� o Benefi.tslPersonnel
--x-- water
All employees of the southeast Washington CO:u� s �
Agency shall become employees of the City. The City shall accept
such employees with all existing benefits and salary, including,
to, health, retirement, disability .insurance,
b•xt not limited
butes, vacation and compensatory time. Nothing in this subsection
or
is intended to limit the city's authority to alter benefitthis
salary except as such authority is otherwise limited by
Agreement or by the provisions of ORS 236.605 to 236.650.
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11. nnnu lI�3eetina- ,
The governing bodies of the Parties to this Agreement shall
meet annually with the Intergovernmental Water Board to discuss and
consider tergovernmental
issues related to this Agreartment shallissuean annual
Water Board and the Tigard Water Dep
report on its activities to the Parties at this meeting-
12- Attorneys Fees,
In the event any suit, action or other proceeding is brought
with regard to this Agresions-
ement, or to enforce such suit,o action or iother
hereoA, the prevailing party in any
/ proceeding, or any appeal therefrom, shall be entitled to
l reasonable attorneys £ees. Attorney fees which are awarded
on may not be paid from the fees, rates and
pursuant to this Secti
Charges collected by Tigard for water services.
13. Applicable Law.
This Agreement shall be governed by and construed in
accordance with the laws of the state of Oregon.
14. Ratification of this Agreement.
Prior to the effective date of this Agreement, each Paeement
shall enact a resolution. ratifying the Agreement. This Agr
may be simultaneously executed in several counterparts, each of
which shall be an original and all of which shall constitute but
one and the same instrument.
7.5. Amendments.
Any amendment to this Agreement must be approved by the
governing bodies of the District and Tigard.
$ INTERGOVERNMENTAL AGREEMENT
TIGARD/WATER DISTRICT - 14 (12/23/93 - FINAL)
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1G. Effeotive irate.
This Agreement shall be effective January 1, 1994.
CITY OF (TIGARD, OREGON ,
Attest: By: .
(J
TIGARD WATER DISTRICT, OREGON
Attest: By;
dZa[d\d8a[dWDjga(12/23/93-final)
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INTERGOVERNMENTAL AGREEMENT
TIGARD/WATER DISTRICT - 15 (12/23/93 - FINAL)
EXHIBIT «A.. i.^r:� �. •� �,.4�,4
- Y'a
t 5�F
RULES,
BATES,
"'AND 3y,;
REGULATIONS tib
f . For Water Service
November, 1992 \( 23.
Adopted by tpe `
BOARD OF COMMISSIONERS
TIGARD WATER DISTRICT
Phone 503/639-1554
TIGARD WATER DISTRICT 8777 SW Burnham PO BOX 230000, f
NOVEMBER 1992 Tigard,OR 97223Tigard,OR 97283 1999
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TIGARD TO.THE PATRONS OF
TIGARD WATER DISTRICT
BOARD OF COMMISSIONERS
This Water District Is a municipal corporation,
incorporated under the laws of the State of
••r,position Term Oregon,and its operations'are governed by law,is
No. Expires is governed by a Board of Commissioners,duly.
June 30elected by the qt:
ualified voters of the Distric .
Rcbart Wyffels;Chair '' 3, 19934 The water supply and distribution system is the
Audrey Castile,Secretary 5 1995
ClarenceNicoli;:Treau_ 41. 1995 propertyof the peoplele of the Distc -
Jon Kvistad * `' - ! e . 1993
John T.Haunsperger 2 1993 The Commissioners ask the cooperation of all
patrons to insure observance of rules,protection'
of the system;and prompt payment of water bilis.
Administrative Director Notify the District immediately of any condition-
Jeri L.Chenelle needing correction.
The Board of Commissionersmeets regularly'on•'
Superintendent the second Tuesday of each month at 7:30 p.m.at
Randy J.Volk'' the District office.
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RULES,RATES,AND REGULATIONS charges for these are shown in Appendical.The
of the''- size of meter shall be determined by management.
11GAHU WA I tFi um,T tiler UISin snail presuivv u
be served from one meter and such determination
shall be final.No user shall furnish water to any.
The Board of Commissioners has adopted the family,business,institution,or premises other than
following rules'rates,and regulations for service those occupied by that user;provided,however;
in the Tigard Water District. that the Board may perr,3t a user to supply others
through user's service connection,in which event `
Section 1.Application for Servic .No service such user::ill be charged an additional monthly
will be supplied or water furnished to any premises mihimum for each additional user so supplied.
except upon the written application of the legal Such permit may be revoked and separate service
owner of the premises,or his duty authorized . connections required at any time.
agent,upon the printed forms of the District.Such
owner shall be responsible for all charges for Section 5.Furnishing Water.The District shall
service to said premises,whether supplied to not be obligated to furnish and install,at its
himself or to a renter or occupant thereof,and for expense,system facilities for all property within the
the.compliance of any occupant with all rules of District.The District shall,so far as reasonable
the District and practicable and within its financial means,
however,provide adequate source of supply.
Section 2.Use of Water.Water will be furnished necessary primary feeder mains,storage facilities
for ordinary domestic,business and community and other improvements necessary to make water
purposes,and fico protection,only.No waterwill service generally available to all areas within the
be furnished for the direct operation of steam District.Extensions to furnish water to areas not
boilers,machinery or golf courses,except on an now served by the District will be made at the
interruptible basis,and the District will assume no expense of those persons requesting service. .
responsibility therein. Such extensions will be made by the District or by
those expressly authorized by the District.All
Section 3.Service Size. A standard service applications for line extensions to provide new
connection,with 51 8'x 3/4'meter,will be service are subject to review by the Board of
installed from the main to the street curb or Commissioners.Consideration will be given to the
' property line.(See charges in Appendix 1.) The District's ability to serves and to eligibility for
amount of the meter installation charge shall annexation to the District of the property to be
accompany all applications. Larger meters may served.
be required for some services.The additional
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Section 6.Private Service Pipes.All pipes from Plumbing should be of high fast and first class; 1
and where pressures may become high,on 5/S^x f
a,4..roar en the oremises must be installed in -nay be -
'� accordance with good'engineering practice,and �i4 and a:o,s,_r --.
installed at Lie meter by the District to control,
maintained in good order by the user.Pipes must varying pressures. (on meters 1 i/2'and larger,
be laid 24 Inches deep and provided with a stop user )The District will not be responsible for
is responsible for installing a pressure
and waste valva for drainage,and all standpipes
or fittings of any kind must be so located, regulator.
anchored and installed as not to interfere:v h or damage from varying pressures.The Administrator
endanger the meter.All i must be well or authorized person may inspect pipes and
P plumbing at proper times.'
P
rotected from freezing.
n 10.Physical Connections with other
Sectio '
Section 7.Credit for Water Leaks.When a water Section 1 lies or Systems.Neither cross
leak occurs on the customer s side of the water connections nor physical connections of any kind
meter resulting in an unusually high water bill, shall be made to any other water supply,whether
customers can apply for a credit to their water bill
equal to 1/2 the cost of the leak(above the private or public,without the written consent and
normal bill),up to a maximum of$150.Customers approval of the Board of Commissioners,and the
must apply for to a in writing,to the Water written approval of the Oregon State Board of
Health.(Included in this category are all pipe lines.
District,and forward proof of the leak being fixed
� appurtenances and facilities of the District system
in a timely manner. and all pipes,appurtenances,pumps,tanks.-
storage reservoirs,facilities,equipment,appli-
Section 8.Jurisdiction.All service connections, ances,etc.,of other systems whether located
meters,mains and parts of the system through within or on public or private property,or the-
which water is served,except the pipes beyond remises of a water user.)
the meter,are the property of the District,and P
under its exclusive control. No person other than l
the Administrator or authorized person shall install The DisVict's Administrator or other authorized
any service,make any extension,tum the water ass or unlawful act to check
repro sentative shall have the right without being
on or off,or otherwise tamper or interfere with the deemed guilty of tresp
I water or the system. the premises of users for physical connections
with other water supplies.Any such connection
shall be removed by the customer within ten days
Section 9.Waste—Plumbing—Inspection.. I
Water will not be furnished to premises where it is after written notice to remove is given by the
District.If not removed within the time specified,
allowed to run or waste to prevent freezing,or
through defective plumbing,or otherwise. the District may remove or discontinue any
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?connection which it may have for servicing the tion or pollution due to cross connections_
properly. VYater Service co any pronuonu 6„o+i..a c... �n-•::• .
upon the customer providing cross connection
Section 11.Cross Connection Control control in a manner approved by Tigard Water
- District.Backflow devices required to be Installed
Program.Be it resolved that the Board of
shall be a model approved by the Oregon State
Commissioners,Tigard Water District,hereby Health Division.
' adopts a cross connection control program as
doscribod below,affective May 13,1986:
_ Auuticrized c:•:ptoyeos of Tigard Water District with
The purpose of this resolution is to protect theproper identification shall have free access at
water supply of Tigard Water District from reasonable hours of the day to those parts of a
contamination or pollution from potential cross premise or within buildings to which avatar is
connections;and to assure that approved supplied.Water service may be refused or
backflow devices are tested annually. terminated to any premise for failure to allow
necessary inspections.
The installation or maintenance of any cross
ADOPTED by the Board ,1 Commissioners,Tigard
connection which would endanger the water
supply of Tigard Water District is prohibited.Any Water District,on May 13,1986.
such cross connection now existing or hereafter
installed is hereby declared unlawful and shall be These requirements must be strictly observed a
rectified as directed by the Board of Commission- matter of public health and to prevent any possible
b
ers or its authorized representative(s). contamination of the water system.
The control or elimination of cross connections Sactlon 12.Reading=Billing.Meters will be read
shall be in accordance with the regulations of on or about the 20th day of each month for the
Oregon State Health Division.The polices, preceding two months.Fifteen days or less will be
procedures,and criteria for determining apprc pri- billed as a half-month.Over 45 days will be billed
ate levels of protection shall be in accordance with as two full months.
the Accepted Procedure and Practice in Cross
Connection Control Manusal,Amer.Water Works Section 13.Payment—Delinquency.All bills are
Association,Pacific Northwest Section,current due on the 12th day of the calendar month
! followingbilin The amount due must be paid to
edition(OR Admin.Rules,Ch.3331.070). an authrized agent of the District.Unpaid bills
become delinquent atter the 12th of the month.
It shall be the objective of Tigard Water District to c!
When a delinquent bill is not paid,or a rule is
protect the potable water system from contamina-
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- TIU Ri?IWATER
DISTRICT
L-AX"
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violated,the water will be shut off and service Section 18.Main Extensions,designed and .
i. disconnected until payment is received in full,and i Installed by the District.All extensions of mains.
compliance with all rules is made. I Di�--_'i_te-pis of rhe District,and installed by the
1 strict,shall be paid for by the person or their
! Section 14.Water Rates.See Appendix II. assigns who desire such extensions,at cost plus
Charge for turning off'and on when water service i 10%for overhead and supervision,and 8%for.
it is discontinued for non-payment of bill:$5.00 for a engineering. The estimated cost thereof,together
"I the first two times;$10.00 thereafter. with such 18%,shall be deposited with the District
when application for such main extci.sions is
Section 15.Discontinuance of Service for 30 made.
days or more will be made upon written applica-'
tion,without charge,provided all bills are paid. Designed by others,installed the District.
When design or supervision of installation
allation of
l Section 16.Interrupted Service—Changes in improvements is performed by licensed engineers,
Pressure.The water may be shut off at any time I subject to approval by the Water District,and
for repairs or other necessary work with or without installed by the District,a fee shall be paid of 10
? notice.Conditions may cause a variation of the for administration,inspections,water loss,.
y pressure.The District will not be responsible for sampling,etc.,and 2%for engineering review.
! any damage caused by interruption of service or The estimated cost therof,together with such
varying pressure.When service is interrupted,hot 12%.shall be deposited with the District when
Et water faucets should be kept closed to prevent application for such main extentions is made..
back flow of hot water or steam.
Designed and installed by others.When design.
Section 17.Service Connection Maintenance. + or supervision of installation of improvements is
The Water District will maintain all standard I performed by licensed engineers,and installation
service connections in good repair without is performed and paid for by others,subject to
expense to the users.Each user is required to use approval by the District,a fee of 121/6 of construe-
.. reasonable care and diligence to protect the water tion costs shall be imposed for development
j meter and meter box from loss or damage by charges.
freezing,hot water,traffic hazards,and other
causes,in default of which,such user shall pay to Size of such extensions,type of pipe,location,
the Water District the full amount of the resulting gate valves,fixtures,fire hydrants and other
damage. fittings shall be under District specifications and
subject to District approval,and such mains shall
j be laid from the end of the existing main to the far.
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end of tho property to be served. No lines or 1.:,:and approved by District personnel to ensure
mated cost !. compliance'with plans and specifications.
laterals shall be laid until the esti
Ra oract ac h r_inabova sot forth,shall have been Back-filling of trenches prior to District approval is
deposited with the District. Ail such extensions of It unauthorized.
�!y mains and laterals,and installation of fire hydrants `
shall be the sole property of the District,without Ii If water main extension is necessary to serve an
right of immediate refund on the part of the person existing single family dwelling and the main size
or persons paying for such extension or on the ; required by the Tigard Water District is larger than
part of any person or persons whomsoever. No a 6'line,then that single family dwelling will pay
=•'q extension of main will be permitted,accepted or the cost of a 6"installation across the front of their
served by the District unless such line be at least a property,plus the cost of the meter.
6-inch diameter pipe. Short extensions,such as
cul-de-sacs,can be of smaller diameter upon Applicant(s)will agree to be bound by and comply
approval of the District. with the District's main extension policy and rules
and regulations and any subsequent revisions or
When a person is required to pay the cost of amendments to same which may be made from
extending a water main adjacentto property other 1 time to time.
than that person's own so that water service for
domestic use is provided for such other property Section 19.Limitation on tate use of water as to
without further extension of the water main,the hours,purpose,or manner,may be prescribed
District shall require the owner of the other from time to time by the Board.
property,prior to providing water service to that
property,to refund to the person required to pay Section 20.Temporary or Transient Service.
the cost of extending the water main,a prd rata i Temporary or transient service for construction
portion of the cost of extension.The right to work will be rendered upon deposit in advance of
require such refund shall not continue for more connection charge and one month's estimated
i water bill,and payment on the first of each month
I than 10 years after the date of installation of the P Y
I extension of the water main.The amount to be of all accrued charges.Upon discontinuance of
refunded shall be determined by the District and i service,refund will be made for all connection
such determination shall be final
materials usable by the District at their depredated
i value,less the cost of removal and all charges
Each construction contractor shall be approved by due.No temporary service shall be installed for
competent District authority prior to installing pipe any residence or building where a permanent
i line's;pumps,etc.Those installations made by service connection may later be installed.
private contractors will be thoroughly inspected
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12
ules—
Section 21.Construction Water.Water used via �? Section 28:Amendmente�Speeti a amen
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a-permanoM meter installation for constructior, Contracts.The Board may at any time amend,
�._. change or modify any nine;rate.or ,W ge,or make
-=r;••= t and all water _
` p- g
•r__e- se.^.y rnn_aai __..-. .
! (See Appendix II)at completion of construction, rvic5e is subject to such power.
but not to exceed a period o4 6 months,unless
s authorized by the District. Section 27.Grievances.Any unresolved
grievances as to service or complaint shall be
Section 22.Meter Out-of-Order—Test.If a meter reported and will be considered by the Board at
shall fail to measure accurately,the bill shall be the next regular monthly meeting.
the average for the same periods in prior years.
Tests will be made periodically,without charge to Section 28.The Administrator an
the
the user.A user may demand a test upon payment are not authorized to make any changes in these
i of a$5.00 charge for such test.If the meter reads rules,rates,or regulations.
5%or more over,such charge shall be.rebated to
i the user..
gpproved November 28,1972.
Section 23.Fire Hydrants.Fire hydrants will be Revised November,1992:
installed by the Water District upon receipt of BOARD OF COMMISSIONERS
payment in advance of the estimated cost of the
hydrant,fittings,and installation,plus 10%for
overhead.
Section 24.Fire Hydrant—Temporary Use.Any
person who desires to use afire hydrant for
temporary water supply must obtain permission of
the District.The user will be charged$25.00 for
hook-up service plus the effective user rate as i
shown in Appendix Il plus$25.00/month for Ir
continued use.User is responsible for repair and/
or replacement of damaged meter.
Section 25.Illegal Use of Fire Hydrant or Meter.
The penalty for connection to a fire hydrant or
meter without proper authority is a$100 fine..
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APPENDIX 1—Meter Installatloo'Charges '1 APPENDIX 11—Water hates
)° copper rvic-,ioc;u4,y^-` .:+:c " Monthly minimum* Out of District
if required,Connection Fee ; Meter Size (400 cubic feet) (Additionai)
Size of Meter Charge Schedule t
516"x3/4' $ 6.50 $2.50
1- 10.50 4.00
Deve pment Installation Total 1 1/2' 16'50 600
3'
Meter Size Charge Fees Charges "-` 33.50 10.0
%: 3' 61.50 15.000
.
5/81x314" $845 + $250 = $1035 4 103.50 19.00
V. 1690 + 350 = 2040 6" 144.50 28.00
.11/2" 4225 + 715 = 4940 8" 201.00 38.00
2" 6760 + 945 = 7705
Rate over 400 cubic feet:$1.20 per 100 cubic feet.
3" 13,520 + cost plus 10
4' 21,125 -1- cost plus 10% Firr nates(Sprinklers)will be based on the size of
.6" 42,250 - + cost plus 10% n service going into the building or vault:
8' 67,600_ + cost plus 10% $15 a mo.—6'&smaller..
10" 97,175 + cost plus 10% $20 a me.—8"&larger
Bull Mountain Meter Rates Booster Pumps:For areas served by District
5/8"x3/4"$1000 + $250 = $1250 i` owned and operated booster pumps,either to
1' 2000 + 350 = 2350 } storage or direct to the system,an additional
1 1/2" 5000 + 715 = 5715 i.;t minimum of$1.50 per unanth per meter(regard- .
2'' 8000 + 945 = 8945 less of meter size)shall be made.This charge is
3" 16,000 + cost plus 10% not applicable.to the booster pumps located at SW
4" 25,000 + cost plus 10% 72nd and i-lunziker Road and SW Bonita Road
6' 50,000 + cost plus 10% near 1-5.
8" 80.000 + cost plus 10%
10" 115,000 + cost plus 10%
Fire Service Connection: .. •Note:Billingis bi-month) so amounts above
Fee$1,250 per Fire Service Ta +12%Fee y
P P should be multiplied by 2 to compute bill for each
sed on Construction Costs. ..; period,
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ATTENTION
.I . y -Corrections Io.Rulas,Rates and Regulations.January 1993.
mase changes to.-
,.z—. ^a!!one ter Water Service occurred after printing. Please Insert the following in the
m® gnproedafe pfacas.wording chances within paragraphs are undenlned.We apologize ror any preurnms tihU�,r y ll- a--_=•
Section a.Separate Connection.(Add the entire section.)A separate service connection will be required for each dwelling,
apartment or motel,plata o7 business,and mstiluUon.All Ougyion Dulldincs and premises used as a;.1!4 of s!xR d..el Ing Fhe or
Dullness or Institution may be semel from such connection,as well as all buildings on such premises operated under the one
in
District shall Drescribo the number of buildings to be served from ono malar and such determination shall be 8na1.No
user shall furnish water to any family,business,Institatlon or premises other than those occupied by that user.provided,however,
that the Board may permit a user to supply others through users'service connection In which event such user will be charged an
additional monthly minimum for each addluonal user so supplied.Such permit may be fovo%ed and separate service connections
required at any time.
Sodion 9:(Change second sentence to read)'...Plumbing should be of high(est and first Class yr d In e�nfermanee with the re
aooroortate co., r ...
r !A^!Ion Ino I byndino germa-and where F:assures may become high,on 518x3!4'and 1'meters,
a pressure regulator maybe installed at the motor by the District to control varying pressures...
Section 12:Reading-.Billing.(Eliminate the entire section-)
Sodion 18:(Add sentence at the beginning of the last paragraph In Section 18.)The developer oro her reatestlno the
fig ! ellen oral ct h 11 be tiaDie/r^nv^ddeA ce t d e to dealan ditficuttles. -
Section 22:(Delete 95.00.) (Add)'....4 user may demand a test upon payment of a 525.00 Charge for such test...'
t e
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